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Home My WebLink About20160210.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DOUGLAS AND LINDA RATZLAFF WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between 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 Douglas and Linda Ratzlaff, 24249 County Road 34, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement 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 Douglas and Linda Ratzlaff, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. �J 2016-0210 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49- DOUGLAS AND LINDA RATZLAFF PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST�/C�id , Cd( .i %�W Mike Freeman, Chair Weld County Clerk to the Board • ��ZemnP C nway, Pry- ►= BY: ii.A02,61,-, dibuty Clerk to t e Boar ,,►•� _ u e A. Cozad APP D AS ORM: " ; .rbara Kirkmeyer etr ounty Attorney 5 Steve Moreno Date of signature: "`/ 2016-0210 EG0073 MEMORANDUM LLu /�J) r TO: Clerk to the Board DATE: 1/8/2016 co=uN�Y RECEIVED FROM: Leon Sievers/Tiffane Johnson Public Works Department JAN i 3 2016 SUBJECT: Agenda Item WELD COUNTY COMMISSIONERS Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to WCR 49 with Douglas E. and Linda M. Ratzlaff. M:\Francie\AGENDA memos\Agenda-Leon-3.doc 2016-0210 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49,BETWEEN DOUGLAS E. RATZLAFF and LINDA M. RATZLAFF and WELD COUNTY, COLORADO THIS AGREEMENT is made this 13 day of Stp A , 2015, by and between Douglas E. Ratzlaff and Linda M. Ratzlaff,whose address is 24249 County Road 34, 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 Nine Hundred Forty Five and 00/100 Dollars, ($945.00). 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 reference), for the sum of Three Hundred and 00/100 Dollars, ($300.00). The parties 4174812 Pages: 1 of 11 O�lv 01/22/2016 03:39 PM R Fee:$0.00 pGV GJ1/ Carly Koppes, Clerk and Recorder, Weld County, Co ■iii��r�fi i� � , r 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 September 24, 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, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Temporary Construction Easement. 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, the Permanent Easement 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. 4174812 Pages: 2 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes,uClerk and y Recorder, `Weld County, LCOq W'` liii�i'ir��i�1 onfii��ILvr�1'L�IY i limk 111 i1ri BIM Page 2 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 Four Thousand, One Hundred Nine Dollars ($4,139.00) 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 September 24, 2015. If the agreement is not signed and returned on or before September 24, 2015. the County shall maintain its current offer of Fair Market Value of Three Thousand, Seven Hundred Sixty Five Dollars ($3,765.00) 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 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 4174812 Pages: 3 of 11 01/22/2016 03:39 PM R Fee:$0.00 $0.00 Page 3 of 5 Carly Koppes; Clerk and Recorder, Weld County, CO Ill II 1 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. 4174812 Pages: 4 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III��.rr,r�l �4�i' 'h��i�� Itiwl'Ih��F'i��Y4rh 1I 111 Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Douglas E. Ratzlaff and Linda M. Ratzlaff By: Title: By: /7) ( Title: 06-.)"_&.� ATTEST: d,, J .1do•11 BOARD OF COUNTY COMMISSIONERS Weld C ty Clerk to the Bo. d WELD COUNTY, COLORADO BY: _ ' Q„ Deputy Cle to the Boare j�� ~"''�/� � Mike Freeman, Chair JAN j g ZOto 40, APPROVED AS TO FUN G i t V isi PPROVED AS : ' :STANCE: Controller f 4��`r Elected t; icial or Department Head APPROVED AS TO FORM: PJ/A Director of General Services County Attorney 4174812 Pages: 5 of 11 Page 5 of 5 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 'ALA Li "Ill 1t., 49-iD PHOTO EXHIBIT see, l . - • * _ W 1 /4 CORNER , , S7 T N R64W y W W�w•l r,Md r ai'"SeAc- .:. w' 'rit a '.(;4! I 2:4 i a t t i .14. ;:,. t 1 .A .R, " if si a tr c5 e� Y t A #_ • 3 L� �. � x _ i ALVIN DECHANT Jr. `' & N as • DECHANT c * ; ,..t.a . .„„,—. •.. _ ,_ ._ as r `it 'SI) 1 • 7/ f 114 A • r W 1/4 ;":. / / t. . - /,/ 57 -T3N - R64W SE 1/4 I f Z. ./.. 12- 3N R65W• �- DOUGLAS E . & CHRISTINA C. LINDA M . JOHNSON RATZLAFF iiii LOT 17 MILTON LAKE ESTATES 1, 0 �` I 40' EXISTING RIGHT OF WAY • v ;s All I • 9 ( REC. NO 819307)se ti lik / l 0, / ' 1 1 1 20' TEMPORARY EASEMENT ' 2, 934s. f. f OR 0. 067ac. f } • ' e ADDITIONAL RIGHT— OF— WAY -. 4, 554s. f. ± OR 0. 105ac. ± - 441, • ., , 30' EXISTING RIGHT- OF- WAY - SW CORNER ,c WCR34 , . - s # , S7 T3N - R64W • • j _•"r 4114...S 0.9110....., I WELD COUNTY DEPARTMENT PIIOTO EXHIBIT Iall ,✓ OF PUBLIC WORKS , 42 ` ► . \VC R 49 CORRIDOR PROJECT BETWEEN WCR(s) 34 &. 36 RATZLAFF WCR49 KIN( T SURVEYORS PROJECT NO : SRP-26 SCALE 1 "=601 Gill F Carden Drive I \\ incisor, Colorado $i iii WFI .i-) COI INTV col (ID A fill email: utfa>r,ct ti r coin DATE 5 - 13 - 15 DRAWN BY : CI ) I SHEET : I of 4174812 Pages : 6 of 11 � 01 / 22 / 2016 03 : 39 PM R Fee : $0 . 00 Carly Koppes ; Clerk and Recorder , Weld County ; CO ■UI PiPaCifilitiiiillirri hi F i 161 imi7: Fik,91i,Viiilii'iliiiiiiii III V I . EXHIBIT-A 42-RATZLAFF-ROW PARCEL DESCRIPTION A parcel of land, being part of that land described in a Deed as recorded February 28, 1985 as Reception No. 2000279 of the Records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Seven (7), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 7 and assuming the West line of said SW1/4 as bearing North 00'21'02 West being a Grid Bearing of the Colorado State Plane Coordinote System, North Zone, North American Datum 1983/2007, o distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 89'09'10" East along the South line of said SW1/4 a distance of 40.00 feet to a line parallel with and 40.00 feet Easterly of, as measured at a right angle, the West line of said SW1/4 and to the POINT OF BEGINNING; THENCE North 00'21'02" West along said parallel line a distance of 100.00 feet; THENCE South 45'35'56" East a distance of 98.57 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle, the South line of said SW1/4; THENCE South 00'50'50" East a distance of 30.00 feet to said South line; THENCE South 89'09'10" West along said South line a distance of 70.26 feet and to the POINT OF BEGINNING. Said described parcel of land contains 4,554 Square Feet or 0.105 Acres, 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 49 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of the South 330.00 feet of said SW1/4. Said described parcel of land contains 13,200 Square Feet or 0.303 Acres, 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. 17 Z.Cv Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 1111 P:40 OF PUBLIC WORKS Rw-a2 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 RATZLAFF KING SURVEYORS PROJECT N0: SRP-26 SCALE: N/A WCR 49 650 Gardr r llmr \and r.(oloratio 7.oii0 wFln( (li IN IV l`(II nRM)O n,rl ,t>r inlw «'m DATE, 5-13-15 DRAWN BY: CDL SHEET: 1 oft 4174812 Pages: 7 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •iii��rjrrfi�� ; l� k 1 r • EXHIBIT-A NOTICE W 1/4 CORNER According to Colorado law you must NOTE: This exhibit drawing is not intended commence any legal action based upon to be a monumentollzed land survey. It's Sec. 7, T.3N., R.64W. any defect in this survey within three years sole purpose is ns a graphic representation I's FOUND #6 REBAR WITH after you first discover such defect. In no • event may any action based upon any to aid in the visualization of the written 3.25" ALUMINUM CAP defect in this survey be commenced more property description which it accompanies. STAMPED LS 34995, 2008 than ten years from the dote of the The written property description supersedes certification shown hereon. (13-80-105 the exhibit drawing. IN MONUMENT BOX C.R.S. 2012) IALVIN DECHANT Jr. • i &DAVID ALAN I DECHANT LINE TABLE ILINE BEARING LENGTH L1 N89'09'10"E 40.00' L2 S00'50'50"E 30.00' SW 1/4 L3 S89'09'10"W 70.26' S7-T3N-R64W SE 1/4 S12 T3N-R65W i et DOUGLAS E. & LINDA M. RATZLAFF CHRISTINA C. I0 PARC.#121507000007 JOHNSON ' RECP.#2000279 LOT 17 MILTON LAKE ESTATES 1013 rn 40' EXISTING RIGHT OF WAY `r et z (REC. NO 819307) N< 03 1 3 t._ ) NO O -U N N C< o O S Z m o rd.. ADDITIONAL RIGHT—OF—WAY / r .t., 4,554s.f.± OR 0.105ac.± 30' EXISTING_ SW CORNER o 99 , Sec. 7, T.3N., R.64W. RIGHT—OF_WAY ___ FOUND #6 REBAR WITH - 3.25" ALUMINUM CAP— iii WCR 34 • —STAMPED LS 10855, 1998 IN MONUMENT BOX ' POINT OF COMMENCEMENT L1 L3 POINT OF BEGINNING RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT 4 .,# OF PUBLIC WORKS ACQUISITION Rw-a� `� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 RATZLAFF WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=60' 650 E.Garden Drive I Windsor,Colorado 80550 4174812 Pages: 8 of 11 ' `°`"" I email:info@" gSurreyor..rnm DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIa1rriL'alrli :r i' 14I IRLVkI"VI4LIikAills ii iii • EXHIBIT-B 42-RATZLAFF-TCE PARCEL DESCRIPTION A parcel of land, being port of that land described in a Deed as recorded February 28, 1985 as Reception No. 2000279 of the Records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Seven (7), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 7 and assuming the West line of said SW1/4 as bearing North 00'21'02" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 89'09'10" East along the South line of said SW1/4 a distance of 110.26 feet to the POINT OF BEGINNING; THENCE North 00'50'50" West a distance of 30.00 feet; THENCE North 45'35'56" West a distance of 98.57 to a line parallel with and 40.00 feet Easterly of, as measured at a right angle, the West line of said SW1/4; THENCE North 00'21'02" West along said parallel line a distance of 28.16 feet; THENCE South 45'35'56" East a distance of 126.63 feet; THENCE South 00'50'50" East a distance of 38.23 feet to said South line; THENCE South 89'09'10" West along said South line a distance of 20.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 2,934 Square Feet or 0.067 Acres, 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. e'er I Steven Parks — On Behalf Of King'.Surveyors Colorado Licensed Professional Land Surveyor #38348 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT 441 �� OF PUBLIC WORKS ACQUISITION TE-42 trn ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 RATZLAFF WCR 49 KING SURvi voi S PROJECT NO: SRP-26 SCALE: N/A Go F.Garden Dr!, O,,dso,.Colorado 5055" tum n rill(A;TV rfli no A nn •maJ'in6 F:ingSunrrors.rnm DATE: 5-13 IS DRAWN BY: CDT, I of t 4174812 Pages: 9 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l �.r��1�I �M� h��'K�I�I 'h��,1k11RflY��h Bill • EXHIBIT-B 1 NO11f:F W 1/4 CORNER According to Colorado law you must NOTE: This exhibit drawing is not intended within to be a monumentalized land survey. It's commence any legal action based upon ' Sec. 7, T.3N., R.64W, any defect in this survey three years sole purpose ie os a graphic representation FOUND #6 REBAR WITH • after you first discover such defect. In no to aid in the vlsuallz gra l: the written event may any action based upon any description which it accompanies. 3.25" ALUMINUM CAP defect In this survey be commenced more property pp STAMPED LS 34995, 2008 than ten years from the dote of the The written property description supersedes IN MONUMENT BOX certification shown hereon. (13-30-105 the exhibit drawing. C.R.S. 2012) I ALVIN DECHANT Jr. 1 & DAVID ALAN • DECHANT I I LINE TABLE . I LINE BEARING LENGTH ( : . 1 I L1 N89'09'10"E 110.26' L2 N00'50'50"W 30.00' SW 1/4 IS7-T3N-R64W L3 NOO'21'02"W 28.16' SE 1/4 ON S12-T3N-R65W DOUGLAS E. & L4 S00'50'50"E 38.23' LINDA M. RATZLAFF L5 S89'09.10"W 20.00' CHRISTINA C. I I I PARC.#121507000007 JOHNSON RECP.#2000279 LOT 17 MILTON LAKE • ESTATES I 40' EXISTING RIGHT OF WAY co a I (REC. NO 819307) � tI c' I J 2 0] s 3IL . ¶5' IN O I I �3. srs,. Ss 'I' F` 20' TEMPORARY EASEMENT oo m cs, , 2,934s.f.± OR 0.067ac.± / • / Z I $6'a 26' l !y s�. I '99 30' EXISTING SW CORNER L__ s� RIGHT-OF_WAY ___ Sec. 7, T.3N., R.64W. _ — G FOUND #6 REBAR WITH • POINT OF —1 WCit 34 3.25" ALUMINUM CAP BEGINNING STAMPED LS 10855, 1998 • - IN MONUMENT BOX L1 L5 .A.. WELD COUNTY DEPARTMENT TEMPORARY EASEMENT ACQUISITION 4/ e.. OF PUBLIC WORKS -(---E743) ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 RATZLAFF WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=60' .•m.r,,i1 rt.rry /'!fir(\D A Tl(� 650 E.Garden D,,, I \C'indso,,Colorado 80550 . •' •••'''•• ' .e:'nf°@1 ngS r orseom DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4174812 Pages: 10 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO lIII kir1lIf tli1'iai firlt iisi IIIMMil ein!il viii lI II „o O CI M MI ro ,'a y �►v. z r+ y Y C ril a C n ;> G*) n a Ch Cr = c 2 H C' C m - '� rTi;' �, c.-4 .� .a ia re �. 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O 0�OaY ~ g -'' S Q' o Q- s N lJ d rn "G -< .r V ro ro fD A U- t1 Cl.. i86 MEMORANDUM rj �' ; TO: Clerk to the Board DATE: 3/4/2016 col N_TY 1 FROM: Tiffane Johnson RECEIVED Public Works Department MAR 0 7 2016 SUBJECT: Consent Agenda Item WELD COUNTY S 0 C S RE: Doc#2016-0210 Warranty Deed with Douglas E. and Linda Ratzlaff for improvements to WCR 49. M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc cC; LPG C. - o e614114- � - � o?a/& off! 3-19-c010 .��1� l 6---4o173 3- .12. - 140 WARRANTY DEED THIS DEED made this r day of M A 2 K , 20 (6, between Douglas E. Ratzlaff and Linda M. Ratzlaff, whose address is 24249 Weld County Road 34, LaSalle, CO 80645, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as: 24249 Weld County Road 34, 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. 4188489 Pages: 1 of 5 D20/� - 0002/D Da/O 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III10.41*41194VV k'I rill WPM Li II II N WITNESS THEREOF the grantor has executed this deed on the date set forth above. Dougl . Ratzlaff State of Colorado ) )ss. County of tf ) The foregoing instrument was acknowledged before me this 441—day of M tWCR, 201 ,,, by Douglas E. Ratzlaff. Witness my hand and official seal. JAMES R.FLESHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201 pp3�9g6g� MY COMMISSION EXPIRES5QCTOHER 7,201 r otary Public My commission expires: / A-- /6'7... c % Linda M. Ratzlaff State of Colorado ) )ss. County of Lk-4_ ) The foregoing instrument was acknowledged before me this L/I'L day of/'f A2C , 20 /6 by Linda M. Ratzlaff. Witness my hand and official seal. JAMES R.FLESHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039802 ,1(21 MY COMMISSION EXPIRES OCTOBER 7 2019 otary Public My commission expires: /0A7-//g 4188489 Pages: 2 of 5 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I �.rli 'll :Ifl�h�Y��„4N�i'lM�N�k�'�iY�h 1111 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). fr Dated this / LLP day of , 2016. ATTEST: ddrhiti '6c• BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY 'I"'+�•� CORPORATE AND POLITIC OF THE S La� STATE OF COLORADO ! � ; ,�,� BY: / .ut '` BY: �f I lam. Depu Clerk to the Bo 1 Mike Freeman, Chair MAR 14 2t'411i STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /� day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Pub My commission expires: //7 2-0/ CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4188489 Pages: 3 of 5 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 EXHIBIT-A 42-RATZLAFF-ROW PARCEL DESCRIPTION A parcel of land, being part of that land described in a Deed as recorded February 28, 1985 as Reception No. 2000279 of the Records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Seven (7), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 7 and assuming the West line of said SW1/4 as bearing North 00'21'02" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 89'09'10" East along the South line of said SW1/4 a distance of 40.00 feet to a line parallel with and 40.00 feet Easterly of, as measured at a right angle, the West line of said SW1/4 and to the POINT OF BEGINNING; THENCE North 00'21'02" West along sold parallel line o distance of 100.00 feet; THENCE South 45'35'56" East a distance of 98.57 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle, the South line of said SW1/4; THENCE South 00'50'50" East a distance of 30.00 feet to said South line; THENCE South 89'09'10" West along said South line a distance of 70.26 feet and to the POINT OF BEGINNING. Sold described parcel of land contains 4,554 Square Feet or 0.105 Acres, 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 49 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of the South 330.00 feet of said SW1/4. Said described parcel of land contains 13,200 Square Feet or 0,303 Acres, 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. _Y Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION '- '' OF PUBLIC WORKS Rw az \�� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 RATZLAFF WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY.COLORADO 6j& C,,de,, ri c grim r.orwnrh,xw;u phnn.'(970)b$6-iqn I email:mtonKinggunno,. ,n, DATE: 5-13-15 DRAWN BY: CDL SHEET: I of 2 4188489 Pages: 4 of 5 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO U111 FINIEINIAUWIIIM6Williadhr7Vill&kik 111111 EXHIBIT-A • I NOT, According to Colorado law you must W 1/4 CORNER NOTE: This exhibit drawing is not Intended commence defect any s rvey based upon to be a monumentallzed land survey. It's ' Sec. 7, T.3N., R.64W. any defect in this survey within three years ode purpose Is a, a graphic representation FOUND #6 REBAR WITH efterven you first action such defect. y no to aid In the visualization of the written event may any survey based upon any property description which It accompanies. P.25"ED ALUMINUM CAP defeat in his surom b commenced f more The written property description supersedes STAMPED LS 34995, 2008 than ten years from the date of the p IN MONUMENT BOX certification shown hereon. (13—x0-105 the exhibit drawing. C.R.S. 2012) I II ALVIN DECHANT Jr. I &DAVID ALAN I DECHANT 1 i I LINE TABLE ILINE BEARING LENGTH L1 N89'09'10"E 40.00' L2 SO0'50'50"E 30.00' SW 1/4 L3 S89'09'10"W 70.26' I S7-T3N-R64W SE 1/4 I S12-T3N-165W I DOUGLAS E.& PLINDA M.RATZLAFF CHRISTINA C. i PARC.#121507000007 JOHNSON ' RECP.#2000279 LOT 17 MILTON LAKE I FSTATES I I rn I 40' EXISTING RIGHT OF WAY c4 z (REC. NO 819307) N re 1 03 ( N O v) N m Q s i g m O F `si�, ADDITIONAL RIGHT—OF—WAY l `s . 4,554s.f.t OR 0.105oc.t // 3 xF SW CORNER "(.1 98s,, 30' EXISTING- Sec. 7, T.3N., R.64W. RIGHT-OF-WAY --- FOUND #6 REBAR WITH . . 3.25" ALUMINUM CAP $ C4 WCR 34 STAMPED LS 10855, 1998 - IN MONUMENT BOX POINT OF COMMENCEMENT L1 L3 POINT OF BEGINNING WELD COUNTY DEPARTMENT RIGHT OF WAY f:P:.. OF PUBLIC WORKS ACQUISITION .1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 RATZLAFF WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=60' WELD COUNTY,COLORADO 6�0 E.Gacdcn Dm•c R9mbr,G,k,�a odn B0i51 oh°"''97°1686 56" 1 .mai''''n".' ,a....,•,..� . ',.... ''''''c:. -1 3-15 DRAWN B Y: CDL SHEET: of2 5 2 4188489 Pages: 5 of 5 03/16/2016 11:37 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII I AIIIIKlIA I 'Llil E XI 11hI' Ii I+iN i'M BIM I Hello