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Home My WebLink About20160147.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 - HOUNDSKEEPER, LTD. 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 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 Houndskeeper, LTD., 10141 County Road 13, Longmont, CO 80504, 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 Houndskeeper, LTD., be, and hereby is, approved. nd hereb is authorized BE IT FURTHER RESOLVED by the Board that the Chair be, a y , to sign any necessary documents. 2016-0147 Ci tC,;"�� ,S� 1� �F��3 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HOUNDSKEEPER, LTD. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �.��+�J � ..k:.G�� 1 1�-�-��..¢.¢.----- Mike Freeman, Chair Weld County Clerk t the Board `� � _ ' ' �� an P. Conway, Pro-Tem BY: , De ty Clerk to the Board �� . Cozad APF.f�Vf AS TO SED � ara Kirkmeyer nty A orney EXCUSED � Steve Moreno Date of signature: o� �� 2016-0147 EG0073 MEMORANDUM TO: Clerk to the Board DATE: 1/4/2016 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RECEIVED JAN 0 5 2016 WELD COUNTY COMMISSIONER° Agreement for the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to WCR 49 with Houndskeeper, LTD, A Colorado Limited Partnership. NI: PrancieAGENDA memo&Agenda-Leon-I,doc 2016-0147 EC70(43-i I AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN HOUNDSKEEPER, LTD,A COLORADO LIMITED PARTNERSHIP AND WELD COUNTY, COLORADO � THIS AGREEMENT is made this �day of , 2015, by and between HOUNDSKEEPER, LTD, A COLORADO LIMITED PARTN SHIP, whose address is 10141 Weld County Road 13, Longmont, CO 80504, 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 Seven Thousand Three Hundred Dollars, ($7,300.00). 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 Ezhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Nine Hundred 4172606 Pages: 1 of 9 01/13/2016 12:52 PM R Fee: Carly Koppes, Clerk and Recorder�,0W0 d County, CO ��^�'�� III 1��1 h'��I��«��'Lr:��'�'��I'�f�'�'I�L�I�Y4�� I It I Page 2 of 5 Fifteen Dollars, ($915.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before December 3, 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- o; 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. � �� S+ 11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way m 3� and the Temporary Construction Easement which is required to be paid, including, o,�`S? 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 O v L- � N�� when Owner delivers the Warranty Deed to County. Owner is solely responsible •• �f for the payment of any amounts owed to a third party holding a security or other N�� ,a�°� ownership interest in the Public Road Right-of-Way and Temporary Construction �N` Easement. a��. Nv�.-� ��r� '.� �No� IO�Y� N�''� \�ZIRKEL\data\WELDCNTI'�C40#18�PHASE II\WSLS Parcels\(56)Houndskeeper\Compromise Agreement Warranty Deed- r��— �m�� Houndskeeper 11-17-15.docx Page 3 of 5 COLJNTY'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 Ten Thousand Six Hundred Eighty Dollars($10,680.00)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 December 3, 2015. If the agreement is not signed and returned on or before December 3,2015,the County shall maintain its current offer of Fair Market Value of Eight Thousand Two Hundred Fifteen Dollars ($8,215.00) 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: � U� -� 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 m�.-- binding upon, all and inure to the benefit of and be enforceable by the parties and m 3� their heirs, executors, administrators, successors, and assigns. m�,�� w v�� ,�o� 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. �a�� aN�-� 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 �NY� applicable now or hereafter amended. � N�>� ��L� ��• UZIRKEL\data\WELDCNTl'�C40#18�PHASE II\WSLS Parcels\(56)Houndskeeper\Compromise Agreement Warranty Deed- Houndskeeperll-17-15.docx Page 4 of 5 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4172606 Pages: 4 of 9 01/13/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��N��ti��'�ti� 1�� \�ZIRKEL\data\WELDCNTY�C40#18�PHASE II\WSLS Parcels\(56)Houndskeeper\Compromise Agreement Warranty Deed- Houndskeeper 11-17-15.docx Page 5 of 5 IN WI'TNESS WHEREOF,the parties have set their hands on the day and year first above written. OWNER: HOUNDSKEEPER,LTD,A COLORADO LIMITED PARTNERSHIP By. Title: �,��,l�sr-- �� Date: ��,�� S � . ATTEST: �j�� '�. .�.�,�, BOARD OF COUNTY COMMISSIONERS Weld unty Clerk to the Board WELD COUNTY, COLORADO BY: Deputy C rk to the d � R Mike Freeman, Chair ,�A� 11 2o�s �c�,� APPROVED AS O j.JN PPROVED AS ANCE: r-�'7 d � 1� �� Controller � Elec ed O ial or Departtnent Head APPROVED AS TO FORM: — N�A — �� Director of General Services County Attorney \�ZIRKEL\data\WELDCNTY\C40#18�PHASE II\WSLS Parcels\(56)Houndskeeper\Compromise Agreement Warranty Deed- Houndskeeperll-17-15.docx 4172606 Pages: 5 of 9 01/13/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �iii��i��,i�? �i+��c�w�c��,��h �i ii i D��-�/�7 EXHIB IT-A S1-T3N-R65W RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WE�D, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED(s) FILED IN THE WELQ COUNTY CIERK AND RECORDERS OFFICE UNDER RECEPT10N N0. 2584940 & 2584941 AND BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAIO SECTION i FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION i BEARS SaUTN 00'20'48" EAST, A DiSTANCE OF 2640.29 FEET AND DESCRIBED AS SHOWN; THENCE SOUTH 89'28'39" WEST ALONG THE NORTH �INE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 1 A DISTANCE OF 159.12 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'31'21" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY �IPIE OF WELD COUNTY ROAD 38 (WCR 38) A OISTANCE OF 30.00 FEET AND BEING THE PbINT OF BEGINNING. THENCE NORTH 89'28'39" EAST ALONG SAID EXISTING SOUTHER�Y RIGHT-OF-WAY IINE TO A POINT THAT INTERSECTS SAID SOUTHERLY IfNE ANO 111E WESTERLY RlGHT-OF-WAY UNE QF WELO COUNTY ROAD 49 (WCR 49) A DISTANCE OF 119.03 FEET; THENCE SOUFH 00'20'48" EAST ALONG SAID WESTERLY RIGHT-OF-WAY UNE OF WCR 49 TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER A OISTANCE OF 2609.59 FEET; THENCE NORTN 89'31'45" WEST ALONG SAIO SOUTH LINE A OISTANCE OF 30.00 FEET; THENCE NORTH 00'20'48" WEST A DISTANCE OF 280.83 FEET; THENCE SOUTH 89'39'12" WESt A DISTANCE OF 20.00 FEET; THENCE NORTH 00'20�4$" WEST A DISTANCE OF 2258.91 FEET; THENCE NORTN 45'20'04" WEST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WCR 38 A DISTANCE OF 97.64 FEET TO THE POINT OF BEGINNING. SAID PARCE� CONTAINS 127,226.82 sf.t OR 2.92 ac. MORE OR LESS. TOGETHER WITH EXISIING RIGHT—OF—WAY ON WE�D COUNN ROAO 49 AND WELO COUNTY ROAD 38 CONTA�NING 2.5 oc. t. , THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN ANO FOR WELD COUNTY, COLORADO. lEON W. SIEVERS PLS 23520 REVISED WELD COUNTY DEPARTMENT RIGHT-OF-W,AY '��6��-"�` OF PUBLIC WORKS ACQUISITION RW-56 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 HOUNDSKEEPER LTD PR0JECT N0: SRP-26 scA�E �°=zoo WEI.D COUNCY.CQLC)RADC) �G D_U��Y ` ___ -r DATE: (0-6-I� DRAWN BY: JEIB SHEET: I of2 4172606 Pages: 6 of 9 01/13/2036 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��'��'ti��1��5��'��I«��N:'��'�� E�HIB I T-A St-T3N-R65W ' ---------------N89'28'39"E --- 159.12' �� ----- __ _ _ ___ ._.._ .-.. -�1 � _. -__.._. EXISTING 60' --------------- �'� P.O.C. -------- RIGHT-OF-WAY P.O.B. �S �� NE CORNER °�..�� ;�, � S1-T3N-R65W � ' 2 7¢" A.C. STAMPED �� ILLEGIBLE HOUNDSKEEPER LTD � � PARC.#121301000014 �� rn� RECP.#2584941 ��' � ��i �U� �� so' �'�� I A��IEN LINE TABLE `r� � �.rr � LINE BEARING DISTANCE � EXISTING ROW U S00'31'21"E 30.00' �- 2•5 ac.t L2 N89'28'39"E 119.03' ��", � � �3 N89'31'45"W 30.00' ' L4 S89'39'12"W 2Q.00' � ,� �-�-EXISTiNG 40' L5 N45'ZO'04"W 97.64' , � � RIGHT—OF—WAY �� , RECP.�819303 � PARCE� I 6-7-1939 �fNE ADDITIONAL RIGHT—OF—WAY � 127,226.82 sf.t OR 2.92 ac.t � vE ti4 EXISTING 40' s; T3N-R55w RIGHT—OF—WAY m ;'.. ; RECP.�823960 �n . 8-10-1939 `v ' N cn �iw t1a - HOUNDSKEEPER �TD 3 � �'Z s� 73�� R�4�,� � � PARC.#1Z1301000015 0 ` N�m RECP.#2584940 N ` W, � o : �'o Z r, NI� � � � O�Q x� ��m ~�� T M ;� � rn� � `_ � JIVi�T�E � � �'.;. ( �:i N r i N0TE: THIS EXHIBtT MAP D0ES N0T 301 � r � � REPRESENT A MONUMENTED UW0 � 5. � ��,C� � SURVEY 0R UWb SURVEY PLAT. IT IS INTEN0ED T0 ILLUSTRATE THE � � � � ��4 CORNER OSTER ATTACHED PR0PERTY DESCRIPTI0N ONLY. N 'r. � St-T3N-R65W o ' _ ._. _.._ ._ _�_ _ .N89'31'45"W_ z ; 2 J�" A.G STAMPED - - -f�- - .- . L3 LS#12374 1995 REViSED WELD COUNTY DEPARTMENT R(GHT-OF-VVAY � 1861 -�` OF PUBLIC WORKS ACQUISITION RW-56 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 HOUNDSKEEPER LTD a _ 6 sca�E: r=zoo� � �1'F.�,D C(7[JN"CY.COLORADO �_C O U,��Y 0J CT N. SRP-2. DATE: 10-6-IS DRAWN BY_ J1{B SHEEL 2 of2 4172606 Pages: 7 of 9 @1/13/2016 12:52 PM R Fee;$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��I�l��14�+1��I+�ti�t+��'�14�M�iI��M��C�1li��1Y4�� EX H I B I T�� S1-T3N-R65W TEMP0RARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELO, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED(s) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 2584940 & 2584941 AND BEING MORE PARTiCU�AR�Y OESCRIBED AS F0�L0WS: CaMMENCING AT THE NORTHEAST CORNER OF SAID SECTION t FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 00"20'48" EAST, A DISTANCE OF 2640.29 FEET AND DESCRIBED AS SHOWN; THENCE SOUTH 89'28'39" WEST ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 1 A DISTANCE OF 187.31 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'31'21" EAST TO A POINT ON THE EXISTING SOUTHERIY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 38 (WCR 38) A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'28'39" EAST AIONG SAID EXISTING S0UTHERLY RIGHT-OF-WAY IINE A DISTANCE OF 28.19 FEET; THENCE SOUTH 45'20'04" EAST A DISTANCE OF 97.64 FEET; THENCE SOUTH 00'20'48" EAST A DISTANCE OF 2258.91 FEET; THENCE N0RTH 89'39'12" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'20'48" EAST TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 280.83 FEET; THENCE NORTH 89'31'45" WEST ALQNG SAID SOUTH LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 00'20'48" WEST A DISTANCE OF 260.54 FEET; THENCE SOUTH 89'39'12" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'20'48" WEST A DISTANCE OF 2270.63 FEET; THENCE NORTH 45'20'04" WEST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WCR 38 A DISTANCE OF 109.23 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 53,1�2.79 sf.t OR 1.22 ac. MORE OR LESS. THE AB0VE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 REVISED WELD COUNTY DEPARTMENT TEMPORARY EASEMENT � 1861 � OF PUBLIC WORKS ACQU[SITION TE-56 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 HOUNDSKEEPER LTD PROJECT N0: SRP-26 SCALE: I"-200' TY WELUCOUNTY.COLORADO �_G O V N� �� DATE: 10-G-IS DRAWN BY. JHB SHEET: I of2 4172606 Pages: 8 of 9 01/13/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��'��'��I��'��ti� �� EXHIBIT�� St-T3N-R65W ----------_--_N89',28'39"E-_-----187.31'.. _..��r�� - - _L1 i l2 �EXISTING 60 i------------ -- "�� P.O.C. -------- RIGHT-OF-WAY P.0.8. !9 � � NE CORNER ( � � St-T3N-R65W ( 2 l�" A.C. SSAMPED � � ILLEGIBLE � � � I�� ) HOUNDSKEEPER �TD Zo' � � � I�I PARC.#121301000014 � AMEN RECP.#2584941 � � ( ' ' 3 ) ! � EXISTING ROW � , ♦I �-2.5 ac.t � � ¢ I � 20' TEMPORARY EASEMENT o I EXISTiNG 40' 53,172.79 sf.t OR 1.22 ac.t � ' � �RIGHT—OF—WAY � � � d � , RECP.#819303 pARCE� � 6-7-1939 �- LINE � I � , I � v� :/a ��EXISTING 40� s: ,3ry R65`N M ; RIGHT—OF—WAY �INE TABLE �p � � LINE BEARING DISTANCE , RECP.�823960 N N � 8-10-1939 �1 500'31'21"E 30.00' N N � I Q, ��, r�w t/4 L2 N89�28�3g�E 28.19� � o�(a Sb 73N-R54W L3 S45'20'04"E 97.64' 3 W I � ,₹1z L4 N89'39'12"E 20.00' a LS S00'20'48"E 280.83' N � ; � Wlm L6 N89'31`45"W 20.00' o o ( ��'o L7 N00'20'48"W 260.54' z N `r L8 S8939'12"W 20.00' � � o I a �9 N45'20'04"W 109.23' ro,m HOUNDSKEEPER LTD PARC.#121301000015 '-� RECP.#2584940 �8 ' � ' SPV�iTH � , � � � NOTE: THIS EXHIBIT MAP OOES NOT ^ N� � � REPRESENT A MONUMENTEO LANO J J� � OSTER SURVEY OR LAND SURVEY PLAT. IT � IS INTENDEA TO II.IUSTRATE THE ( E 1�4 CORNER OSTEFZ AITACHED PROPERTY DESCRIPTION ONLY. � I � St-T3N-R65W __ ___ _ _. _ _�_ _ N8931'45"1N- - �_ � 2 J¢" A.C. STAMPED _ - -.L6 LS#12374 1995 REVISED WELD COUNTY DEPARTMENT TEMPORARY EASEMENT i$61,'z�-�` OF PUBLIC W0RKS ACQUIS[TION TE-56 WGR 49 CORR[DOR PROJECT BETWEEN WCR(s)36&38 HOUNDSKEEPER [.TD PROJECT N0: SRP-26 sca�E: r�=zoo� weL�cou��rY,co�oRa[ac� � G o�h� -Y�-� � DATE: 10-6-IS DRAWN BY: JHB SHEET: 2of2 4172606 Pages: 9 of 9 01/13/2016 12:52 PM R Fee:$0.00 Carly Koppes� Clerk and Recorder, Weld County, CO �iii�!��z��+�«�;��+��I�ti��r��N1�4hLr�i��,� �i ii i i , , -: 1g6� MEMORANDUM •.�"' � ' TO: Clerk to the Board DATE: 2/5/2016 � :_GOU� � Y FROM: Leon Sievers/Tiffane Johnson Public Works Department i SUBJECT: Agenda Item RE: Doc#2016-0147 Warranty Deed with Houndskeeper, LTD for improvements to WCR 49. RECEIVED � FEB 0 8 2016 WELD C OUNTY COMMISSIONERS M:�Francie�AGENDAmemoaWgenda-Leon-l.doc � 0.. ��'• �P+.��C,�..S T-� �G l _ �a�,� ��C�e•�.d � n � �� ,O l l.Q bl�!� �,- to-� � � � ��p0�3 � -��-'a°'�° � WARRANTY DEED � THIS DEED made this�day of , 20��, between Houndskeeper, LTD, a Colorado Limited Partnership, whose address s 10141 Weld County Road 13, Longmont, Colorado 80504, 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: 23980 Weld County Road 38, 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. 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. 4180529 Pages: 1 of 5 �� - 6�T� 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��Y��h��'��I��'��a�«':��'�� IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Houndskeeper, LTD, a Colorado Limited Partnership � , � � atrick L. Collins, President State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this `5`�'day of � r�� , 20�, by Patrick L. Collins, President of Houndskeeper, LTD, Owner. �No A�PuEBtS.ICER Witness my hand and official seal. 3TATE OF COLORADO NOTARY 10 20154039602 � MY C0MMISSI0N EXPIRES 0CT0BER 7.2019 �� otary Public My commission expires: October 7, 2019 4180529 Pages: 2 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��«'�I��'��I�'�I��(t�=�� '`��'�'�� 1�� 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��day of , 2016. : ATTEST: �"� � � BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE �� STATE OF COLORADO � B Q� Y: �,Q-�^,z.�.---_ De ty Clerk to the Boar Mike Freeman, Chair � FEB 1 o zo�s � STATE OF COLORADO ) )ss COUNTY OF WELD ) e foregoing instrument was acknowledged before me this �� day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COLTNTY COMMISSIONE OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Publ My commission expires: ��-�f �Q/� """""�"—"'—"— CHERYL LYP+IN HOFPMAN P!O'fAR�i' Pi9�LIC STA�E pF COLO��ADO N07ARY ID 201�40�48J44 MY C0MMISSI0N EXPIRES DEC. 19, 2018 4180529 Pages: 3 of 5 �D��—��'� 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �III I��R��r'�L�xl��'��M i��K�1��t?�'��4h�,��W�� I II I EXH I B I T-A S1-T3N-R65W RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED(s) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 2584940 & 2584941 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 00'20�48" EAST, A DISTANCE OF 2640.29 FEET AND DESCRIBED AS SHOWN; THENCE SOUTH 89'28'39" WEST ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID . SECTION 1 A DISTANCE OF 159.12 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'31'21" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 38 (WCR 38) A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'28'39" EAST ALONG SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE TO A POINT THAT INTERSECTS SAID SOUTHERLY LINE AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 (WCR 49) A DISTANCE OF 119.03 FEET; THENCE SOUTH 00'20'48" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WCR 49 TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2609.59 FEET; THENCE NORTH 89'31'45" WEST ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 00'20'48" WEST A DISTANCE OF 280.83 FEET; THENCE SOUTH 89'39'12" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'20'48" WEST A DISTANCE OF 2258.91 FEET; THENCE NORTH 45'20�04" WEST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WCR 38 A DISTANCE OF 97.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 127,226.82 sf.t OR 2.92 oc. MORE OR LE5S. TOGETHER WITH EXISTING RIGHT-OF-WAY ON WELD COUNTY ROAD 49 AND WELD COUNTY ROAD 38 CONTAINING 2.5 ac. t. 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 REVISED ,� �r�, WELD COUNTY DEPARTMENT R1GHT-OF-WAY '861 OF PUBLIC WORKS ACQUISITION RW-56 WCR 49 CORRIDOR PROJECT �� , BETWEEN WCR(s)36&38 HOUNDSKEEPER LTD PROJECT N0: SRP-26 SCALE: I"=200' WELD COUNTY,COLORADO � _G O U N T Y I DATE: 10-6-15 DRAWN BY: JHB SHEET: 1 of2 4180529 Pages: 4 of 5 02/12./2016 12:19 PM R Fee;$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �III!�!��l��h'�+�I�'44itiM��G'�'��iKii�rQK��+N.��Y4�h �I II I EXH I B I T-A S1-T3N-R65W ---------------N89'28�39"E --- �'�.12� ._..�E��. _. _.. .. .._.._.._.._..-.._..-..-..-..- ..-L1 � --- �� , -------- �EXISTING 60' P.O.C. ma �$ RIGHT-OF-WAY P.O.6. �S '`�� NE CORNER ��"�� ' S1-T3N-R65W ``kk � 2 l�Z" A.C. STAMPED �� I ILLEGIBLE HOUNDSKEEPER LTD �'�� d� � PARC.#121301000014 ��"°�� a�� a�� RECP.#2584941 s��' ��'°� IU� � ��N i �� 50� ��. � ��}�� LINE TABLE ��`�` � LINE BEARING DISTANCE � �'� � EXISTING ROW L1 S00'31'21"E 30.00' ' �° 2.5 ac.f �� _� � L2 N89'28'39"E 119.03' F � ; L3 N89'31'45��W 30.00� �� EXISTING 40' � L4 S8939'12"W 20.00� ��nu�� RIGHT—OF-WAY L5 N45'20'04"W 97.64' �� ' RECP.#819303 � PA�CEL_ �� • � 6-7-1939 LIN� ��r�� ADDITIONAL RIGHT-OF—WAY �/ , 127,226.82 sf.t OR 2.92 ac.t , � ,A� rat tja � � EXISTING 40' � � �i�=� si��r�ri s:�s�ra �� RIGHT—OF-WAY � �� ; RECP.#823960 �n �� 8-10-1939 N i . N �� N N f�L"/ 1.;,} 3 �� ' ��Z Sb-�3N-(zti4tr�1 HOUNDSKEEPER LTD � �� Q PARC.#121301000015 N `��/� WI; RECP.#2584940 �� ° � o ' °o'o z �''� � �m��I� � N ��) • O�Q �z O�m ��, N ��qv: + ��'.:. • M MJl. o° = � S M I 1 I-I p r=� � � �_� � N � . N0TE: THIS EXHIBIT MAP D0ES N0T 30� 3 "�� Q�TE��i REPRESENT A M0NUMENTED LAND = ` i SURVEY 0R LAND SURVEY PLAT. IT � �� IS INTENDED TO ILLUSTRATE THE o � E 1/4 CORNER {��TER ATTACHED PR0PERTY DESCRIPTI0N 0NLY. � � S1-T3N-R65W � N89'31'45"W z `� 2 7�i" A.C. STAMPED .._..-.._..-..-.._.._�_..-.._.._..-.._..-.._�_.._.._. _. � L3 LS#12374 1995 REVISED ,,�� y WELD COUNTY DEPARTMENT RIGHT-OF-WAY � 1861 ¢" OF PUBLIC WORKS ACQUISITION RW-56 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 HOUNDSKEEPER LTD ` PR0JECT N0: SRP-26 SCALE: I"=200' WELD COUNTY,COLORADO I J C� U N T Y DATE: 10-6-15 DRAWN BY: JHB SHEET: 2of2 4180529 Pages: 5 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��T��`��'��N j�.K�}=��'�'�� 1�� Hello