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HomeMy WebLinkAbout20160572.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF QUIT CLAIM DEED FOR PUBLIC RIGHT-OF-WAY AT FOR IMPROVEMENTS TO COUNTY ROAD 49, BETWEEN 1-76 AND COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - THOMAS D. CROGHAN LIVING TRUST AND MARY E. CROGHAN LIVING TRUST 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 a Quit Claim Deed from Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust, 8469 County Road 49, Hudson, Colorado 80642, commencing upon acceptance, with further terms and conditions being as stated in said Quit Claim Deed; said property being described in Exhibit A, and WHEREAS, after review, the Board deems it advisable to accept said Quit Claim Deed, for Public Right-of-Way for improvements to County Road 49, between 1-76 and County Road 38, 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 Quit Claim Deed for Public Right-of-Way for improvements to County Road 49, between 1-76 and County Road 38, from Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents pertaining to said Quit Claim Deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CCam�(( tt = / 'K Mike Freeman, Chair Weld County Clerk to the Board . ' • Sean P. Con ay, Pro-Te e• ty Clerk to he Boa r - � ulie A. Cozad APP ED AS TO FO: r' t rA1i�L A rbara Kirkmeyer ount At :, Steve Moreno Date of signature: 2016-0572 0.6(PO(-n`Fe3lo-- EG0073 • 1861 MEMORANDUM TO: Clerk to the Board DATE: 1/29/2016 Go u__N T Y FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Acceptance of Quit Claim Deed for Right-of-Way for Improvements to WCR 49 between I-76 and WCR 38 from Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust. Anadarko, which owns the adjacent lot to the south of this property, acquired this quit claim deed for the County at no cost to the County. RECEIVED FEB 01 2015 WCOMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-I.doc 2016-0572 E6 0013 QUIT CLAIM DEED ri / THIS DEED is made this (Q day of A , 2015, between, Thomas D. Croghan Living Trust, dated August 26, 2011 and Vary E. Croghan Living Trust, dated August 26, 2011, whose address is 8469 CR 49, Hudson, CO 80642,party of the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is 1150 "O" Street, Greeley, Colorado 80631,party of the second part. WITNESSETH,that the said party of the first part, for sufficient consideration,the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right,title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado,to wit: All of the real property described in the attached Exhibit"A." TO HAVE AND TO HOLD the same,together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity,to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal the day and year first above written. Thomas D. Croghan Living Trust, Mary E. Croghan Living Trust, dated August 26, 2011 dated August 26, 2011 fIC., 'T-T O--k,,, Thomas D. Croghan, Trustee . Crog rustee ACKNOWLDGEMENTS STATE OF of i 7r)rc` ) P )7 ss. COUNTY OF The foregoing instrument was acknowledged before me this p day of , 2015, by Thomas D. Croghan, Trustee of the Thomas D. Croghan Living Trust, date August 26, 2011. ' " SYNDA KETCHUM '�' N Public (1�� J) Notary PubNc•Arizona \� , r La Paz Cry My commission expires: / /`�-,,V/ ? ta:.a7 My Comm. Expires Jan 14,2019 STATE OFCi_ ____ .... ) ) ss. COUNTY OF�1C�. ) The foregoing instrument was acknowledged before me this p day of 2015, by Thomas D. Croghan, Trustee of the Thomas D. Croghan Living Trust, dat d August 26, 2011. .i, Lea- XCi -' 4 X444,'0.,„ SYNDA KETCHUM i t No y Public 4 -• y '' Poa k•Arizona I My commission expires: /-1 .9,O9 0 ,;; ;= La Pu County I 0' *a,,..9 My Comm.Expires Jain 14,2019 pwwwapiewtomerwmammomPorwob o20/6'— 05'70b 4183570 Pages: 1 of 4 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell I arAlliuilloilMilik cliggiq.571,IIALV Ili "III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this fT day of O , 2016. •ATTEST: K.� ' mtk' 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 � sLa• tegz=1/42 BY 1. ,//.. . .4 '� ,. �� BY: Dep ty Clerk to the Boar• Mike Freeman, Chair FEB 0 $ 2016 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me this day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE CO U TY OF WELD. Witness my hand and official seal. Notary P lic My commission expires: /4/99/ j/e, CHERYL LYNN HOffMAN NOTARY PUBLIC STATE Of COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4183570 Pages: 2 of 4 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IlralMVIR'IflV R TrL'rWi aki LI II I a0/4-°61'4" , EXHIBIT-A 7-CROGHAN-ROW PROPERTY DESCRIPTION A strip of land, Sixty (60) feet in width, being part of the East Half (E1/2) of Section Twenty—four (24), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and consisting of the following three constituent parts: 1) The East Sixty (60) feet of Lot A, Recorded Exemption No. 1307-24-4—RE 112, recorded March 15, 1974 as Reception No. 1632044 of the records of the Weld County Clerk and Recorder; Said strip of land contains 66,903 sq. ft. or 1.536 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 strip of land. 2) The East Sixty (60) feet of Lot B, Recorded Exemption No. 1307-24-4—RE 112, recorded March 15, 1974 as Reception No. 1632044 of the records of the Weld County Clerk and Recorder; Said strip of land contains 12,001 sq. ft. or 0.276 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. 3) The West Sixty (60) feet of the East One Hundred (100) feet of Lot A, Recorded Exemption No. 1307-24-1—RE1154, recorded March 22, 1990 as Reception No. 02208567 of the records of the Weld County Clerk and Recorder; Said strip of land contains 29,811 sq. ft. or 0.684 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. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Section 24 lying Northerly of the Easterly extension of the South line of said Lot A, Recorded Exemption No. 1307-24-4—RE 112 and lying Southerly of the North line of said Lot A, Recorded Exemption No. 1307-24-1—RE1154. Said existing Right—of—way contains 72,469 sq. ft. or 1.664 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. .0 C °° • ro 38106 ��/ ° °°°°°°' J Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION �� iir OF PUBLIC WORKS Rw \r • WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18&20 CROGHAN WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 phone:(970)686-5011 I email:info i@KingSurveyors.com DATE: 2-25-15 DRAWN BY: CDL SHEET: 1 of 2 4183570 Pages: 3 of 4 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 EXHIBIT-A CALCULATED POSTiON NE COR S24-T2N-R65W NE COR S24-T2N-R65W FND #6 RB W/ 2.5" AC STAMPED LS 27269 1998 NOTE: This exhibit drawing is not WITNESS CORNER intended to be a monumentalized land survey. It's sole purpose is i I as a graphic representation to aid Lil in the visualization of the written property description which it in ` `.b I N accompanies. The written property c0 0 4o I c0 O �description supersedes the exhibit ,5 rd drawing. THOMAS &MARY N 0 � 7 -„ N 40' EXISTING RIGHT-OF-WAY CROGHAN (BOOK 1055 PAGE 192) II iw PARC.#130724000027 o_- RECP.#02388040 1r, in M o 0 LOTARE 1307-241-RE 1154o 54 6 s,. a VIRGIL H.JOHNSON APPROXIMATE CENTERLINE OF NATURAL GAS EASEMENT TO TOWER ENERGY CORPORATION Z N NO SPECIFIC LOCATION GIVEN, L2 EASEMENT TO BE "SUFFICIENT IN WIDTH--------__________.E6-'. f (REC. NO. 02239012) THOMAS &MARY '% E 1/4 S24-T2N-R65W I.PJ '' FND #6 RB W/ 3.25" AC CROGHAN PARC.#130724000027 - M4 STAMPED LS 23027 2000 RECP.#1864613 v I IN MON. BOX LOT B RE 1307-24-4-RE 112 :"- 40' EXISTING RIGHT-OF-WAY ' (BOOK 1055 PAGE 192);' I--30' EXISTING RIGHT-OF-WAY 2V INGRESS/EGRESS EASEMENT ;, I TO PINNACLE TOWERS ASSET HOLDING LLC� 1/ ..-. (REC. NOs. 2757184, 2757185 & 3598735) ;!,. 6. 60' ADDITIONAL RIGHT—OF-WAY '-,t, NoncE ACQUIRED 108,715sf.± OR 2:496ac.± I if in h According to Colorado law you must commence any legal 1 0 sr action based upon any defect in this survey within three i. years after you first discover such defect. In no event - ' IT ill may any action based upon any defect in this survey be ,r'J- .� �. - '` O commenced more than ten years from the dote of the r� p certification shown hereon. (13-80-105 C.R.S. 2012) 3. I II)) DECHANT FARMS z'.' N I I PARTNERSHIP THOMAS &MARY o n pn sw 1/4 CROGHAN z ". lin 519-T2N-R64W z. 1r PARC.#130724000027 < P LINE TABLE RECP.#1864613 ` -fi: Z 4 LINE BEARING LENGTH LOTARE 1307-244-RE 112 SE 1/4 �� L1 N89'51'43"E 60.01' S24-T2N-R65W L2 S01"03'45"E E 0.65' -1,A f L3 SO1'03'48"E 199.35' will? Bs L4 1 SE COR S24-T2N-R65W L4 S89'49'49"W 60.01' FND #6 RB W/ 3.25" AC STAMPED LS 23520 2002 L5 NO1'03'48"W 198.42' IN MON. BOX L6 NO1'03'45"W 1.61' RIGHT OF WAY .A., WELD COUNTY DEPARTMENT ACQUISITION ��1"40 OF PUBLIC WORKS RW- `r ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18&20 CROGHAN KING SURVEYORS PROJECT NO: SRP-26 SCALE:1"=300' WCR 49 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 I email:info@KingSurveyors.com DATE: 2-25-15 DRAWN BY: CDL SHEET: 2 of 2 Ar 4183570 Pages: 4 of 4 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III 1IMi' illerliadik tiigy ka Plitlq t+Vi h BIM Hello