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HomeMy WebLinkAbout20150578.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - GERMAN ARCE AND ROSA MEZA 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, 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 German Arce and Rosa Meza, 22744 County Road 49, La Salle, CO 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 German Arce and Rosa Meza 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. Cc f / (C6/ 45) 2015-0578 2//7,// — EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49-GERMAN ARCE AND ROSA MEZA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO ATTEST.w ai�Q, ,4 arbara Kirkmeyer Chair Weld County Clerk to the Board (TILL n oa Mike Freeman, Pro-Tern BYCLisaD u Clerk to the rd EXCUSED Se onw y APPROVED AS TO FORM:� �� Elz .116/\ ulie A. Co ad I$61 {i-��, .'s _ ' • County Attorney % ►`� a �'t � 'o"r �.teve Moreno Date of signature: 3 I CU �~ 2015-0578 EG0072 MEMORANDUM LJ; 1 ) TO: Clerk to the Board DATE: February 19, 2015 Is TO: FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Agreement for the Purchase of Public Road ROW, Permanent Easement, and Temporary Construction Easement for Improvements to WCR 49 with German Arce and Rosa Esther Meza. Enclosure RECEIVED FEB 202015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-0578 EG 0570? AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN GERMAN ARCE AND ROSA ESTHER MEZA AND WELD COUNTY,COLORADO rii THIS AGREEMENT is made this O1Y day of 6rithity2015, by and between GERMAN ARCE AND ROSA ESTHER MEZA, whose address is 22744 County Road 49 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 parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the("Permanent Easement(s)"), 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 Permanent Easement, in order to accommodate the relocation of existing permanent facilities, 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 Eleven 4089643 Pages: 1 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 oz o - 7�' Page 2 of 5 Thousand Nine Hundred Forty Six Dollars, ($11,946.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand Four Hundred Ninety Three Dollars, ($1,493.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Eight Hundred Ninety Six Dollars, ($896.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before February 17 2015, the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. 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. 6. 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. 7. Owner agrees to grant the Permanent Easement, in the form attached hereto as Exhibit "D", free and clear of all liens and encumbrances, except existing easements. 8. Owner agrees to grant a Temporary Construction Easements to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 9. The Temporary Construction Easements 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 Intersection Improvement Project, whichever is earlier. 10. 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 Easements includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 4089643 Pages: 2 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MraLlV4,+4iG J,I451.41 L 43Attik'ali i k "Ill Z:IWELDCNTY1C40#181ARCE-MEZAIREV Compromise Agreement-Warranty Deed-FINAL by JMM 1-30-15.docx Page 3 of 5 11. 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, Permanent Easement(s)and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. 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 and the Permanent Easement. 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, Permanent Easement 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, Permanent Easements 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 Eighteen Thousand Six Hundred Forty Two Dollars ($18,642.00) to the Owner for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before February 17, NM 2015. If the agreement is not signed and returned on or before February 17, 2015, 2 the County shall maintain its current offer of Fair Market Value of Fourteen Thousand Three Hundred Forty Dollars ($14,340.00) for the Public Road Right- 8 of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 3 0 5. County, as a condition of the granting of Temporary Construction Easement m m 3 sa covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. OLLoai "'re 6'n 6. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside acorn boundary of the temporary construction easement / permanent easement. At the to it': MGM N o P:IWELDCNTY\C4O#181ARCE-MEZAIREV Compromise Agreement-Warranty Deed-FINAL by JMM 1-30-15.docx ��L Page 4 of 5 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. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent Easement 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 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. 4089643 Pages: 4 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Z:IWELDCNTY\C40#18\ARCE-MEZA\REV Compromise Agreement-Warranty Deed-FINAL by JMM 1-30-15.docx Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: GERMAN ARCE AND ROSA ESTHER MEZA Lt German Arce a Esther Meza Date:A- aQ/C ATTEST: darnel) '� BOARD OF COUNTY COMMISSIONERS Weld . . ty Clerk to the oard W LD COUNTY, C LORADO Deputy C k to he s q. d Barbara Kirkmey r, Chair FEB 2 5 2015 t%61 1 :;'"): APPROVED AS TO FU ' h Z. � APPROVED S_TO SUBSTANCE: Controller E ctfficial or Department Head APPROV PAST • FORM: N f Director of General Services nt A ey 4089643 Pages: 5 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III!�!��L"�iN���:� ��i�!'14�I �tiFthi�,� � w�r�I� W��� 11111 Z:\WELDCNTY\C40#18\ARCE-MEZAIREV Compromise Agreement-Warranty Deed-FINAL by JMM 1-30-15.docx 020/5. D571 EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT A, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3984858 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE N00°35'20"W, 466.69 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°42'38"E, 80.00 FEET ALONG THE NORTH LINE OF SAID LOT A; THENCE SOO°35'20"E, 445,19 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 21.50 FEET ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF SAID LOT A, SAID ARC HAVING A RADIUS OF 15,790.00 FEET, A CENTRAL ANGLE OF 00°04'41" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°33'00"E, 21.50 FEET; THENCE S88°42'38"W, 79.99 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 37,333 SQUARE FEET (0.857 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 I RIGHT-OF-WAYWELD COUNTY DEPARTMENT ACQUISITIONCw-2) Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)46&48 GERMAN ARCS & �- COLORADO spiwas 716 200-0887 __. ROSA ESTHER MEZA / ramp 70Nc".°i x701�7- 0 PROJECT NO. SRP-26 SCALE: N/A as�sr o7o su—ae�s WCR49 WFl nrnrrNN1TV rni noAr,n DATE:1O-24-I4 DRAWN BY: MT SHEET: 1 of 2 4089643 Pages: 6 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III!�!���.�1�K�����'�«��P��irF����hl�:�Ir'���,�h� 1'�YL���� 11111 EXHIBIT-A ■ 1 • WRIGHT-GOIN I 1 N88°42 38 E 80.00' PROPERTY LINE N884238E ° " 466.73' I EXISTING 40' ROW BK 1046/PG 13, RECP#819293 6-7-1939 VARIABLE WIDTH RIGHT-OF-WAY ACQUIRED 1 37,333 SQ.FT.± OR 0.857 AC.± I NW 1/4 z • 1 S7-T4N-R64W cn - 1 rri - "zt LID L GERMAN ARCE & ROSA ESTHER MEZA N LOT A, RECORDED EXEMPTION iw "' rb INO. 1053-07-2-RE-2811 � 1 0O Z 1 z o PARCEL #1053-07-0-00-047 1 �' RECEPTION #3984858 L=21.50' l R=15790.00' D ,=0°04'41" CH=800°33'00"E Wirt 21.50' 1 1 1 N88°42'38"E 466.73' wam^ --i i 1 1/16 SECTION LINE 1 (�L -S88°42'38"W 79.99' P.O.B. SW COR. LOT A NOTE: TPHISE EEXHIBIT MAP DOES D LANDRSURRVEY OR LANDUSUERVEY ' ' FELLINI PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. I I RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-28 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 98th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT GERMAN ARCE & Engineers/Surveyors (303) 442-4938 BETWEEN WCR(s)46&48 -9-_ cotoRAno SPRINGS (?ia)550-0657 ROSA ESTHER MEZA /N\ :RAND "�°R (°7° 267-�0 PROJECT NO. SRP-26 SCALE: 1"=80' R>�ISY i° (v o)561-0646 WCR 49 - - - - WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: 2 of 2 4089643 Pages: 7 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ■III Wilillinil'GPLIIiig i«ij'wrl iiiiiMalifIeililikil iiiii III II EXHIBIT-B PROPERTY DESCRIPTION PERMANENT UTILITY EASEMENT A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT A, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3984858 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE NOO°35'20"W, 466.69 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°42'38"E, 80.00 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING; THENCE SO0°35'20"E, 445.19 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 21.50 FEET ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF SAID LOT A, SAID ARC HAVING A RADIUS OF 15,790.00 FEET, A CENTRAL ANGLE OF 00°04'41" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°33'00"E, 21.50 FEET; THENCE N88°42'38"E, 20.00 FEET ALONG THE SOUTH LINE OF SAID LOT A; THENCE NORTHERLY, 21.25 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15,810.00 FEET, A CENTRAL ANGLE OF 00°04'37" AND BEING SUBTENDED BY A CHORD THAT BEARS NOO°33'02"W, 21.25 FEET; THENCE NOO°35'20"W, 445.44 FEET TO THE NORTH LINE OF SAID LOT A; THENCE S88°42'38"W, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 9,334 SQUARE FEET (0.214 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 PERMANENT UTILITY WELD COUNTY DEPARTMENT EASEMENT Drexel, Harrell & Co. OF PUBLIC WORKS ACQUISITION PE �$ 1800 38th Street, Boulder, CO 80901 WCR 49 CORRIDOR PROJECT Engineers/surveyors (303) 442-4938 BETWEEN WCR(s)46&48 GERMAN ARCS & cotoupo SPRINGS 710) on ROSA ESTHER MEZA 7\ :RAID °' °;23661—lase PROJECT NO. SRP-26 SCALE: N/A a�a vro sai-ous WCR 49 WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: I of 2 4089643 Pages: 8 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County. CO ■III�I���L��:�K��'����ti�r+��'wfwl���k�r�M GAP 14 f��:a ����, 1111 EXHIBIT-B N88°42'38"E 80.00' WRIGHT-GOIN T.P.O.B. aS88°42'38"W 20.00' PROPERTY LINE N88°42'38"E 466.73' EXISTING 40' ROW BK 1046/PG 13, RECP#8 19293 6-7-1939 20' PERMANENT UTILITY EASEMENT ACQUIRED 9,334 SQ.FT.± OR 0.214 AC.± NW 1/4 Z S7-T4N-R64W W -__ Ill d rri m OD N GERMAN ARCE & 3 0 ROSA ESTHER MEZA N M LOT A, RECORDED EXEMPTION o b N NO. 1053-07-2-RE-2811 oZVI z rn 0 PARCEL #1053-07-0-00-047 Z RECEPTION #3984858 z L=21.50' Z15790.00' 0°0441° �.,,„ D CH=S00°33'00"E 21.50' L=21.25' R=15810.00' 0=0°04'37" CH=N00°33'02"W >" 21'25 N88°42'38"E 466.73' v. C\ 1/16 SECTION LINE �N88 4238 E 20.00 4-' P.O.C. SW COR. LOT A NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY FELLINI PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT UTILITY WELD COUNTY DEPARTMENT EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS PE ACQUISITION 28 1800 38th street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/surveyors (303) 442-4338 BETWEEN WCR(s)46&48 GERMAN ARCF, & COLORADO SPRINGS (719) 260-0897ROSA ESTHER MEZA seam roscrmx ((g 2371—ises PROJECT NO. SRP-26 SCALE: 1"=80' 6RSITYY (370)961-0616 WCR 49 WELD COUNTY,COLORADO DATE:I0-24-14 I DRAWN BY: TLT SHEET: 2 of 2 4089643 Pages: 9 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO IIII MIrdillinMir':6f1'lniil'MJ'f iYIII 'r.iYf1,i I.i1ii 1111 EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT A, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3984858 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE NOO°35'20"W, 466.69 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°42'38"E, 80.00 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING; THENCE SOO°35'20"E, 445.19 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 21.50 FEET ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF SAID LOT A, SAID ARC HAVING A RADIUS OF 15,790.00 FEET, A CENTRAL ANGLE OF 00°04'41" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°33'00"E, 21.50 FEET; THENCE N88°42'38"E, 20.00 FEET ALONG THE SOUTH LINE OF SAID LOT A; THENCE NORTHERLY, 21.25 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15,810.00 FEET, A CENTRAL ANGLE OF 00°04'37" AND BEING SUBTENDED BY A CHORD THAT BEARS NOO°33'02"W, 21.25 FEET; THENCE NOO°35'20"W, 445.44 FEET TO THE NORTH LINE OF SAID LOT A; THENCE S88°42'38"W, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,334 SQUARE FEET (0.214 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Barrel' & Co. OF PUBLIC WORKS TE 28 1800 98th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT GERMAN ARCE & Engineers/Surveyors (903) 442-4998 BETWEEN WCR(s)46 &48 - - annum SPRINGS 71O £E0-0887 ROSA ESTHER MEZA °$'N°1°`1`T°°N r°;'° �7 861-=I"' PROJECT NO, SRP-26 SCALE: N/A a>�zr n0 ass WCR 49 WELD COUNTY,COLORADO DATE: 10-24-14 DRAWN BY: TLT SHEET: 1 of 2 4089643 Pages: 10 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO "III EXHIBIT-C 1 N88°42'38"E 80.00' WRIGHT-GOIN T.P.O.B. I ii-S88°42'38"W 20.00' PROPERTY LINE N88°42'38"E 466.73' I ' EXISTING 40' ROW BK 1046/PG 13, RECP#819293 6-7-1939 I 20' TEMPORARY EASEMENT ACQUIRED 1 9,334 SQ.FT.± OR 0.214 AC.± NW 1/4 W ' 1 ' S7-T4N-R64W _ 1 1'6 cn on !o �i co st GERMAN ARCE & 3 i 0 ROSA ESTHER MEZA N c M 3 LOT A, RECORDED EXEMPTION In 1 in I a o NO. 1053-07-2-RE-2811 ' z 1 I a PARCEL #1053-07-0-00-047 1 Z RECEPTION #3984858 L=21.50'!,s.0 I R=15790.00' 40°04'41" CH=S00°33'00"E 21.50' I ' L=21.25' lipme€ie_m_i/(/ R=15810.00' A-0°04'37 ' " CH=N00°33'02"W ', , 21.25 N88°42'38"E 466.73' W -- - 7-i 1/16 SECTION LINE I 1 8 42 38 E 20.00 4" P.O.C. SW COR. LOT° A NOTE: THIS EXHIBIT MAP DOES ' II NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY ' ' FELLINI NDED TO LLUSTR�ATE TM ATTACHED PROPERTY DESCRIPTION ONLY. 1 I TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Harrell & Co. OF PUBLIC WORKS CD 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT GERMAN ARCE & Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)46&48 COLORADO SPRINGS (719)260-0687 ROSA ESTHER MEZA /\ O GRIND JUNCTION (Oro)) 867-196° PROJECT NO. SRP-26 SCALE: 1"=80' BYEIZY (970)961-0646 WCR 49 WELD COUNTY,COLORADO DATE:1O-24-14 DRAWN BY: TLT SHEET: 2 of 2 4089643 Pages: 11 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County; CO 1111 kiratIliii.iii,hiliwirni ii4''Ailli'ggN,Z iiiii iI II I EXHIBIT D PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF the sum of Ten and More ($10.00+) DOLLARS for the pipeline and two pig launching stations to be constructed under the terms hereof,to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, UWE, German Arce and Rosa Esther Meza 22744 County Road 49 La Salle, CO 80645 hereinafter referred to as "Grantor" does hereby grant, sell, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and exclusive easement within the property described in Exhibit B attached hereto for the purpose and from time to time, of operating, inspecting, maintaining, protecting, repairing, replacing, change the size and removing a pipeline or pipelines, the launching stations, or other appurtenances, for the transportation of oil, gas,petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: Township 4 North, Range 64 West of the 6th P.M. Section 7: NW 'A Said permanent exclusive easement being more particularly described on Exhibit "B" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline or lines, and appurtenances, on, over, and across said land and adjacent land of Grantor. Grantee shall have the right to construct, install, operate, maintain, inspect, repair, replace, change, and/or remove either or both of the pig launching stations, pipeline(s) and appurtenances with an by-passes, cross-overs, scraper traps or other materials, apparatus, and equipment used in connection therewith or incident thereto, inclusive of the right, if Grantee so desires, to build o such fences and structures as may be necessary to enclose the same, or any part thereof, on the described land. eiii u= It is agreed that the pipeline or lines associated with thepig launching stations which will be laid .� �' PP m3 under this grant shall be constructed a minimum depth of forty-eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall NLLo" have the right to fully use and enjoy the above described premises subject to the rights herein } granted. mELY Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its a-m ro original condition and reseed the same as soon as possible. m _ ,@ IV Grantee shall have the right to clear all trees,undergrowth and other obstructions from the herein 1D co imimmammiems Page 2 of 2 granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise after the initial construction of the pig launching stations and pipelines from the exercise of the rights herein granted; provided, however, that after the pipeline or lines has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. It is further agreed that the said Grantee, its successors or assigns, may at any time lay an additional pipeline along side of the said first line within the permanent 20 foot easement utilizing said temporary construction easement as necessary for the installation of said additional line. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of 2015, signed, sealed, and delivered in the presence of: GERMAN ARCE AND ROSA ESTHER MEZA German Arce Rosa Esther Meza STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 2015,by German Arce and Rosa Esther Meza, Owners. Witness my hand and official seal. Notary Public My commission expires: 4089643 Pages: 13 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO T r NA E ;:\ LDCNTY\C40#181ARCE-MEZA\ROW Grant toDCP.docx VIII!�1l:RQ 6:110'1Ih�IL�''EL IGr� '�����Y'JlI II EXHIBIT-A U 1 , WRIGHT-GOIN 1 N88°42'38"E 80.00' 1 / PROPERTY LINE N88°42'38"E 456.73' EXISTING 40' ROW BK 1046/PG 13, 1,11) RECP#819293 Ill 6-7-1939 VARIABLE WIDTH RIGHT-OF-WAY ACQUIRED 1 37,333 SQ.FT,± OR 0.857 AC.± NW 1/4 / i 1 • • S7-T4N-R64W • ?t- c° N GERMAN ARCE & 3 3 ROSA ESTHER MEZA o � � w LOT A, RECORDED EXEMPTION 1 n 1 z • NO. 1053-07-2-RE-2811 z 1• PARCEL #1053-07-0-00-047 IRECEPTION #3984858 L=21.50' R=15790.00' A=0•04'41" CH-S00°33'00"E 21.50'I I • N58°42'38°E 466.73' • 1/16 SECTION LINE L I -388°42'38"W 79.99' P.0.8. SW COR. LOT A NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED ' ` LAND SURVEY OR LAND SURVEY FELLINI PLAT. R IS INTENDED TO I ILLUSTRATE THE ATTACHED PROPERTY DESCRIP11ON ONLY. II ■ WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION RW-28 Drexel, Barrel] St Co. 1800 38th Street, Boulder. CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)46&48 GERMAN ARCE & ' COLORADO (710 260-over ROSA ESTHER MEZA =cm Amcnow I'''°)2°'-"°° PROJEC- NO. SRP-2n SCALE: 1° sir • ms Mu)aei-oe°e WCR 49 WF..LD COUNTY.COLORADO DATE:Iii-24-14 DRAWN BY: TLT SHEET: 2 of 2 MEMORANDUM tAt- TO: Clerk to the Board DATE: March 24, 2015 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc # 2015-0578 RECEIVED Warranty Deed with German Arce and Rosa Esther Meza. 25 11. Enclosures //''�. WELD[} COUNTY C0MMICn.`.,0rirz-.: M..I i ncic AGENDA memosVAyendn-Leon-I.doc AO15- g 3 -30 -,20/5" S- EG oo-7A WARRANTY DEED THIS DEED made th•is C5Cirn day of Olg , 20/6, between German Arce and Rosa Esther Meza, of the County of Weld, State of Colorado, 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 22744 WCR 49, LaSalle, Weld County, Colorado. 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 enscaling 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. 4098848 Pages: 1 of 5 04/14/2015 04:41 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII l4i�1P��,14�,�I�IiIt��k1 !',h"a«'il�:d M��IIIti,�iI�1F II III IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. GERMAN ARCF, Owner ROSA ESTHER MEZA, Owner State of )ss. County of The foregoing instrument was acknowledged before me this c2." -3 day of lttNi2-,-0, 20 IS, by German Arce and Rosa Esther Meza, Owners. Witness my hand and official seal. C Notary Public My commission expires: C _'- / / LEON W.S RS PuBca 4424300 AUGU6fi,a017 4098848 Pages: 2 of 5 04/14/2015 04:41 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III l4��1�Y�,tii��I�Lf�Ih,ti14,:�I��:G4J�v Y1 �I�i41� F, ■I 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 I lighway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this ` day of /IA / 'CGr/ '2015. A Ffl?SI': C/, q/ ; COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF TFIE COUNTY COMMISSIONERS OF STATE OF COLORADO [HE COUNTY OF WELD • SG,a it BY: � � Deputy Cie! to the Board tdetg �,ii ) Barbara Kirkmever, CIS 3 MA 0 28115 BOARD OF COUNTY Y COMMISSIONER \ � ' . OF TI IE COUNTY OF WELD S I AI F OF COLORADO )ss COUNTY OF WELD ) The foregoing instrument was acknowledeed before me this 3/ day of PlateA, , 2015 by Barbara Kirlaneyer, BOARD OF COUNTY COMMISSIONERS OF THE COUN"IY OF WELD. Witness my hand and official seal. KARLA FORD Jiattia L10116p NOTARY No y ry Public STATE CF COLORADO ROTARY ID 19984,Q29774 M�*ti'trhln>46N1PPAI '6CEMBER 2,2018 Deainhtj- 2, ;-C I S 4098848 Pages: 3 of 5 04/14/2015 04:41 PM R Fee:$0.00 D Fee:10.00 �IIINI�IPY�P�,lIAA'Ity',F1'II'iSPl�,Y!l+r�ilF'�11Wrf ill EXHIBIT-A NW 1/4 57-T4N-R64W PROPERTY DESCRIPTION RIGHT OF WAY ALL THAT PORTION OF LOT A, RECORDED EXEMPTION NO. 1053-07-2-RE-2811,A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3984858 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE N00°35'20"W,466.69 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°42'38"E, 80.00 FEET ALONG THE NORTH LINE OF SAID LOT A; THENCE S00°35'20"E, 445.19 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 21.50 FEET ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF SAID LOT A,SAID ARC HAVING A RADIUS OF 15,790.00 FEET, A CENTRAL ANGLE OF 00°04'41" AND BEING SUBTENDED BY A CHORD THAT BEARS S00°33'00"E, 21.50 FEET; THENCE S88°42'38"W, 79.99 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 37,333 SQUARE FEET (0.857 ACRES), MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 40.00 FEET OF THE SOUTHERLY 466.69 FEET OF THE NORTH-HALF OF SAID NORTHWEST ONE-QUARTER; SAID PARCEL CONTAINS 0.43 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY: LEON W. SIEVERS,PLS 23520 RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4098848 ClPages: 4 of r5 Ko04/14/2015 04:41 PM R Free:$0.00 D Fee:$0.00 �INMirrPCRC�K�+1�41�'mittl1/2' Lj Ale r1i,unty qlliki NI III WELD COUNTY DEPARTMENT RIGHT OF WAY ` X861 ACQUISITION OF PUBLIC WORKS RW_28 WCR 49 CORRIDOR PROJECT GERMAN ARCE & BETWEEN WCR 46&48 ROSA ESTHER MEZA U PROJECT NO: SRP-25 SCALE: G04 -NTT WELD COUNTY,COLORADO I DATE: 3-16-15 DRAWN BY:DRH SHEET: I of2 EXHIBIT--A r t t WRIGHT-COIN I S,: /_N88°4238E 80.00' PROPERTY LINE NB8°42'38"E 466.73' EXISTING 40 ROW BK 1046/PG 13, RECP#8 19293 6-7-1939 „,--- VARIABLE WIDTH RIGHT-OF-WAY ACQUIRED ! 37,333 SQ.FT.+ OR 0.857 AC.± ! NW 1/4 ! S7-T4N-R64W u ■ a) < 1 r'j o1 NCci -(; . . GERMAN ARCE & ROSA ESTHER MEZA N w LOT A, RECORDED EXEMPTION 1 ! � 0 NO. 1053-07-2-RE-2811 Io ! o PARCEL #1053-07-0-00-047 ! v) RECEPTION #3984858 • L=21.50' • R.15740.00' . 0.04,4i., r, I . CH...500°33'001 21.50' I I N88°4238"E 466.73' 7 1/16 SECTION LINE I -S88°42'38"W 79.99' P.O.B. SW CCR. LOT A NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MON UMENTED LAND SURVEY OR LAND SURVEY f�ELL1N1 PLAT. IT IS INTENDED TO 1 1 ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION RW-28 Drexel, Barrell & Co. 1800 38th Street, Boulder. CO 90901 \VCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-433s Eat 11A%EEN WCR(s)46&48 GERMAN ARCE & -8-'- ro)m s>sos ('no)no-veer ROSA ES'I'lIER MEZA j‘\ °"�"°p (VW list- PROJECT NO. SRP-o SCALE: I":. au' W'CR 49 W L-LD COUNTY.COLORADO SATE:10-24-14 DRAWN BY: TLT SHEET: 2 of 2 4098848 Pages: 5 of 5 04/14/2015 04:41 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder: Weld County, CO ■III kilidrili:kiiii i AO:Mi ilPiiiI.F.Pieill P.IlkiK till III Hello