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Home My WebLink About20160205.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 - ELSIE DALTON 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 Elsie Dalton, 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 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 Elsie Dalton, 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. 2016-0205 ae.7-Ra2 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49- ELSIE DALTON 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:Wedatovi • Mike Freeman, Chair Weld County Clerk to the Board BY: 4n • Sean . Conway, Pro De%110&_, (A-) I -14 , ty Clerk to th Board E L ♦ a l>/ A. Cozad APP D AS ! M: 1861trillizo `� d i � �.� ►� .r bar. Kirkmeyer ou ,• ttorney yrAF\1 "tl /yid Steve Moreno Date of signature: 2/S 2016-0205 EG0073 s61 .3 MEMORANDUM ,� 1'r ! 'l�,� /1,'►, Ft ;� TO: Clerk to the Board DATE: 1/11/2016 ,,_COUNTY RECEIVED FROM: Leon Sievers/Tiffane Johnson Public Works Department JAN1 3 20 SUBJECT: Agenda Item WELD GQ1,JNR commiSSIONEaS Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to WCR 49 with Elsie Dalton. M:\Francie\AGENDA memos\Agenda-Leon-I.doc 2016-0205 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN ELSIE DALTON AND WELD COUNTY, COLORADO p fa THIS AGREEMENT is made this l0 day of , 20145 by and between the ELSIE DALTON, hereinafter referred to collectively a "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Co orado, 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 "C" (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 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 (ROW) shown and/or described on Exhibit A (a copy of which is attached hereto and made a part hereof by this reference), and a Temporary Construction Easement (TCE) shown and/or described on Exhibit C (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Twelve Thousand Eighty Dollars, ($12,080.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Permanent Easement and the Temporary Construction Easement and will defend title thereto against all claims. 4174807 Pages: 1 of 8 oZ0/6 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell 1A lit I I D: 104 Y4�h 11111 Page 2 of 2 3. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, in a form substantially similar to that attached hereto as Exhibit D, free and clear of all liens and encumbrances, except existing easements. 4. 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. 5. 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, 2018, or upon the completion of the Corridor Improvement Project, whichever is earlier. 6. 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 C 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. 7. 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. 8. 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. 9. 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. 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. 4174807 Pages: 2 of 8 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill Page 3 of 3 3. County shall pay Twelve Thousand Eighty Dollars, ($12,080.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit C to a level comparable to its original. 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 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 4174807 Pages: 3 of 8 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill Page 4 of 4 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: ELSIE DALTON Signature6e_A: Date: ��/ 72- /5 Elsie Dalton ATTEST: d 'eA BOARD OF COUNTY COMMISSIONERS Weld C• my Clerk to the Board WELD COUNTY, COLORADO BY: / / . ��. '� ,�r�j!s;�+ -110 .. .4 a,ca� _--- Deputy Cl k to the B �sL /�� Mike Freeman, Chair FAN 1 8 2016 APPROVED AS TO F tlt.: i 1 — � APPROVED A O SU TANCE: 1.54007 Controller r 't�1ti�,I Ere--cdOffiCial or Department Head APPROV D AS TO FORM: 1•1/A Director of General Services County Attorney 4174807 Pages: 4 of 8 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 02,O4- .°0- 40 ‘. EXHIBIT-A SW 1/4 S7-T4N-R64W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2766286 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET, THENCE ALONG THE SOUTH LINE OF SAID SECTION 7 NORTH 88'39'39" EAST TO THE EAST RIGHT OF WAY LINE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 819293 A DISTANCE OF 40.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 00'31'48" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF DEGINNING. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 00'31'48" WEST TO A POINT ON THE SOUTH LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 A DISTANCE OF 891.70 FEET; THENCE NORTH 88'41'25" EAST ALONG SAID SOUTH LINE A DISTANCE OF 60.01 FEET; THENCE SOUTH 00'31'48" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 821.66 FEET; THENCE SOUTH 45'56'04" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 98.30 FEET; THENCE SOUTH 88'39'39" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 130.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,999.70 sf. OR 1.29 ac. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 46, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 40.00 FEET OF THE SOUTHERLY 921.70 FEET OF SAID SECTION 7; AND THE SOUTHERLY 30.00 FEET OF THE WESTERLY 170.01 FEET OF SAID SECTION 7. SAID PARCELS CONTAIN 0.94 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. 4174807 Pages: 5 of 8 01/22/2016 03:39 PM R Fee:$0.00 Carly Kop■pes, Clerk and Recorder, ��W,elldudupCou�un��ty, `C4OJIW LEON W. SIEVERS 111��'ir�7�� ` 1�� fYi11hd1YrS��f itf`it1h 11111 PLS 23520 RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION �� Tit_= - �� WCR 49 CORRIDOR PROJECT �!. �'� �i r .� l BETWEEN WCR 46&48 , 11 DALTON '� - �' -'/ PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO J �' C O U N T ( DATE: 4-24-15 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT-A SW 1/4 S7-T4N-R64W I i LINE TABLE I HARMON LINE BEARING DISTANCE • I RECP#3299800 a L1 N88'39'39"E 40.00' 8'0' L2 N00'31'48"W 30.00' L3 N88'41'25"E 60.01' 1 I L4 S45'56'04'E 98.30' L5 S88'39'39"W 130.01' �I L3 PL PL �i �y I ffi �s. �jCo. ` ELSIE L. DALTON o• if �' LOT B RECORDED EXEMPTION zl Y;?% NO. 1053-3-7 RE4761 PARCEL# 1053-07-3-00-050 �,N RECP.#2766286 JOHNSONr O 'F . 0 I 'CT) AY SW1;4 °D141w S7-T4.\-R6IW Imo ` 4' I 00 : 0N; 0RIGHT—OF—WAY ACQUIRED z 'N` 55,999.70 sf. OR 1.29 ac.± I fi EXISTING 40' R.O.W. : BK-1O46/PG 13 I =f RECP#819293 V; JUNE JUNE 7, 1939 P.O.B. 1 � ' L4 _ - - - L5 _ N88'39'39"E 9. . . - - .-��- W6L1 • •L2 SECTION LINE - P.O.C. I EXISTING 60' R.O.W. SW CORNER BK-658/PG 6 S7-T4N-R64W FEB. 9, 1918 I I "LI, I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION RW-21 ,,------- , WCR 49 CORRIDOR PROJECT \Y-27 ---;i4_ '_1 BETWEEN WCR 46&48 DALTON / '" • �' ,�Y - '! PROJECT NO: SRP-26 1SCALE:1"=200' WELD COUNTY,COLORADO ' 'a_G O L) N 4174807 Pages: 6 of 8 DATE: 4-24-15 DRAWN BY:DRH SHEET: 2 oft 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MPINIIIIiiiiirifi ATI IIIIN iIahri iiiiibi fillillh 11111 EXHIBIT-C SW I/4 S7-T4N-R64W I l i LINE TABLE II ip R�/I ) LINE BEARING DISTANCE RECD#3299400ci_ L1 N88'39'39"E 170.02' 80' r- 1 L2 N00'31'48"W 30.00' L3 N45'56'04"W 98.30' L4 N88'41'25"E 20.00' L5 S45'56'04"E 109.66' �I L4 PL PL L6 S88'39'39"W 28.09' il ' '00- il :.; N' I ELSIE L. DALTON FI g: LOT B RECORDED EXEMPTION ZI I i NO. 1053-3-7 RE4761 ► 20' PARCEL# 1053-07-3-00-050 RECP.#2766286 JOHNSON I I co Ni cip I I SIT 1,] w 57-T-11-R61 W I 00 in I I o f g i Z t4 0 20' TEMPORARY EASEMENT ACQUIRED 18,431.82 sf. OR 0.42 ac.± EXISTING 40' R.O.W. BK-1046/PG 13 I I RECP#819293 r'''''': JUNE 7, 1939 I I I L5 L3 _ L2 - --N88'39'39"E 69- 2402. . _ . . ___N__e_ _ w, /" 46 - - - L1 �6 SECTION LINE P.O. I P.O.B. EXISTING 60' R.O.W. SW CORNER BK-658/PG 6 S7-T4N-R64W FEB. 9, 1918 I V I I 16_ I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT TEMPORARY EASEMENT - 1861 OF PUBLIC WORKS ACQUISITION TE-21 ;p -- - WCR 49 CORRIDOR PROJECT 1 BETWEEN WCR 46&48 DALTON =_ 7' -'�I' I>% PROJECT NO: SRP-26 SCALE:1"=200' ..,.-, n �.ITA, ,.,,.,,.,*� I e U LI T Y 4174807 Pages: 7 of 8 I DATE: 4-24-15 I DRAWN BY:DRHI SHEET: 2 oft 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell Kili niki'li'l.' i I I,L' Itti IIITHiiii #Ylyi Ill II EXHIBIT-C SW 1/4 S7-T4N-R64W • PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2766286 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET; THENCE NORTH 88'39'39" EAST ALONG THE SOUTH LINE OF SAID SECTION 7 A DISTANCE OF 170.02 FEET; THENCE NORTH 00'31'48" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 45'56'04" WEST DEPARTING SAID RIGHT-OF-WAY A DISTANCE OF 98.30 FEET; THENCE NORTH 00'31'48" WEST TO A POINT ON THE SOUTH LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 A DISTANCE OF 821.66 FEET; THENCE NORTH 88'41'25" EAST ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'31'48" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 813.56 FEET; THENCE SOUTH 45'56'04" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 109.66 FEET; THENCE SOUTH 88'39'39" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 28.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,431.82 sf. OR 0.42 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 4174807 Pages: 8 of 8 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II WELD COUNTY DEPARTMENT TEMPORARY EASEMENT 1861 I OF PUBLIC WORKS ACQUISITION 5 _-- TE-21 \ WCR 49 CORRIDOR PROJECT ; 1a BETWEEN WCR 46&48 DALTON ,J r == '' ;r; PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO C O U N� DATE: 4-24-15 DRAWN BY:DRH SHEET: 1 oft $ 1 MEMORANDUM ! i ;! VI! TO: Clerk to the Board DATE: 2/10/2016 I FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-0205 RECEIVED Warranty Deed with Elsie L. Dalton for improvements to WCR 49. FEB t 1 2016 WELD COUNTY COMMISSIONERS M:\Franck\AGENDA memos\Agenda-WarrantyDeed.doc NnAll491- CC; Pliv er-J- rc) 026414 - &12.06. ' 7-Aatte 2-T -J(o EGQ9-73 37a.nrlo WARRANTY DEED THIS DEED made this 10th day of February , 2016 , between ELSIE L. DALTON, as 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 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. 4182164 Pages: 1 of 5 02/19/2016 01:39 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ,P// oaQ� Ha re Ill ill III i "Ill o�.9(/ IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OWNER: ELSIE L. DALTON Signature Date: February 10, 2016 Elsie L. Dalton State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this 10th day of February , 20 16 , by the Elsie L. Dalton, Grantor. Witness my hand and official seal. No Public My commission expires: June 15, 2019 MARY K. LIEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19914006793 MY COMMISSION EXPIRES JUNE 15, 2019 4182164 Pages: 2 of 5 02/19/2016 01 k:39 PM Re Fee:$0W0 dDCoune:$00 0 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 / / 7-1 day of , 2016. ATTEST: dettitAl J ,uo;tok BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO sLa De duty Clerk to the Board 1 E '1!)% _ Mike Freeman, Chair IVA FEB 1 7 2016 STATE OF COLORADO ) COUNTY OF WELD ) T� The foregoing instrument was acknowledged before me this / day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSION S OF THE COUNTY OF WELD. Witr ss riwkcaft A IAttmttIA • NOTARY PUBLIC STATE OF COLORADO ilLglet� NOTARY ID 20144002878 Public MY COMMISSION EXPIRES JANUARY 22,2018 �' My commission expires: lia/likaitir 022, 02.01l� 4182164 Pages: 3 of 5 02/19/2016 01:39 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO "Hi EXHIBIT-A SW 1/4 S7-T4N-R64W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2766286 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET, THENCE ALONG THE SOUTH LINE OF SAID SECTION 7 NORTH 88'39'39" EAST TO THE EAST RIGHT OF WAY LINE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 819293 A DISTANCE OF 40.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 00'31'48" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 00'31'48" WEST TO A POINT ON THE SOUTH LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 A DISTANCE OF 891.70 FEET; THENCE NORTH 88'41'25" EAST ALONG SAID SOUTH LINE A DISTANCE OF 60.01 FEET; THENCE SOUTH 00'31'48" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 821.66 FEET; THENCE SOUTH 45'56'04" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 98.30 FEET; THENCE SOUTH 88'39'39" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 130.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,999.70 sf. OR 1.29 ac. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 46, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 40.00 FEET OF THE SOUTHERLY 921.70 FEET OF SAID SECTION 7; AND THE SOUTHERLY 30.00 FEET OF THE WESTERLY 170.01 FEET OF SAID SECTION 7. SAID PARCELS CONTAIN 0.94 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 RIGHT OF WAY WELD COUNTY DEPARTMENT �I 1 >l OF PUBLIC WORKS ACQUISITION RW-21 I WCR 49 CORRIDOR PROJECT 1 �) BETWEEN WCR 46&48 DALTON PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO COUNT Y DATE: 4-24-15 DRAWN BY:DRH SHEET: 1 of 2 4182164 Pages: 4 of 5 02/19/2016 01:39 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO • EXHIBIT-A SW 1/4 S7-T4N-R64W I Ii LINE TABLE I IIARMON LINE BEARING DISTANCE t 1 86: RFC'P X29980( -i L1 N88'39'39"E 40.00' ITa- L2 N00'31'48"W 30.00' L3 N88'41'25"E 60.01' L4 S45'56'O4"E 98.30' L5 S88'39'39"W 130.01' I �I L3 PL PL 4I co N. :, 31 �MI• ELSIE L. DALTON g: LOT B RECORDED EXEMPTION zi NO. 1053-3-7 RE4761 g PARCEL# 1053-07-3-00-050 RECP.#2766286 ,IOI INSON io lb • N = N I ri -see-,;°o ,H I -1 CO'41i.,' W S'?-11\-R6.1ft' a I ' F) 7,,-.--,4• o . N RIGHT—OF—WAY ACQUIRED I Z .` 55,999.70 sf. OR 1.29 ac.± EXISTING 40' R.O.W. BK-1O46/PG 13 I RECP#819293 JUNE 7, 1939 . . P.O.B. I L4 _...._��. . _..-..-.. L5 N88'3939"E , 24Q2�9. .. -..-.. _. ._ .._..�-0- L12 • • SECTION LINE _ _ P.O.C. I EXISTING 60' R.O.W. SW CORNER i BK-658/PG 6 S7-T4N-R64W FEB. 9, 1918 I � I I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT ` '861 OF PUBLIC WORKS ACQUISITION (W_2) /. WCR 49 CORRIDOR PROJECT BETWEEN WCR 46&48 DALTON PROJECT NO: SRP-26 SCALE:I"=200' WELD COUNTY,COLORADO I _G O U T Y DATE: 4-24-15 DRAWN BY:DIM SHEET: 2 of 2 4182164 Pages: 5 of 5 02/19/2016 01:39 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III MANIride.MI lIdl.lK NICLIZINVI Ih' Li III III I Hello