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Home My WebLink About20153284.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 PRO-TEM TO SIGN NECESSARY DOCUMENTS - DEBRA AND MICHAEL DAWSON 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 Debra and Michael Dawson, 16201 CR 49, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way 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 Debra and Michael Dawson, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tern be, and hereby is, authorized to sign any necessary documents. / 2015-3284 £k bAS(7 (Fe) /b/c n EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - DEBRA AND MICHAEL DAWSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Barbara Kirkmeyer, Chair Wel Co i`I'f� B ; #�`., I . �� ; Freeman, Pro-Tem BY: 6(1&) , , •ty Clerk to the Boar. I! i F; ,+ ` ( .�'�:-.41c8 fir.. Conway --�— sa?0,(4, APPROVED AS TO F RM: * �I.�GC/ [/( t I! a e • eA. Cozad County Attorney Steve Moreno 03 Date of signature: /e/ 2015-3284 EG0072 1861 . MEMORANDUM j TO: Clerk to the Board DATE: October 8, 2015 U�R6 coNTY FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Debra and Michael Dawson. RECEIVED OCT a9 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-I doc 2015-3284 LA AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN DEBRA DAWSON and MICHAEL DAWSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this L` day S.;_ot of i , 2015, by and between fit . Debra Dawson and Michael Dawson, whose address 16201 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 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 Two Thousand, Four Hundred Thirty and 00/100 Dollars, ($2,430.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Twenty Six and 50/100 Dollars, ($526.50). The 4150820 Pages: 1 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County, CO Bill 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 September 15, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 9. Owner shall retain the mineral estate under the Public Road Right-of-Way and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Temporary Construction Easement. 10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-of-Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. 4150820 Pages: 2 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII�!� LEI.4:1•111:10 :ilk II III Page 2 of 5 • COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Three Thousand, Eight Hundred Forty Three and 00/100 Dollars ($3,843.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before September 15, 2015. If the agreement is not signed and returned on or before September 15,2015, the County shall maintain its current offer of Fair Market Value of Two Thousand, Nine Hundred Fifty Seven and 00/100 Dollars ($2,957.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County pP 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 4150820 Pages: 3 of 9 10/16/2015 02:07 PM R Fee:$0.00 Page3of5 Carly Koppes, Clerk and Recorder. Weld County. Co ■III!!!��: � N, �l'�l�, � ^T:11,10 h": Y�'s� 1I II 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. 4150820 Pages: 4 of 9 Page 4 of 5 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County.. CO VIII 'Walk�I�'�it • IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Debra Dawson and Michael Dawson By: 1,L(ibrU) ) ) Title: CV\J fl e By: ' /.y/SGfj Title:�iO` OG�it/L i� 17774X-c / ATTEST: dj„ t4 G: 4-ed404 BOARD OF COUNTY COMMISSIONERS Weld Co. Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Cl to the Bo.,`44 4s La/A Mike Freeman, Pro-Tem 0CT 1 4 2015 APPROVED AS TO FUN t O_ PPROVED AS BSTANCE: "Oaltlat Vir4A, Controller ��' rr/ �� Ele e icial or Department Head APPROVED AS TO FORM: KO, PS Director of General Services County Attorney Page 5 of 5F 4150820 Pages: 5 of 9 010l,'(.3O" 10/16/2015 02:07 PM R Fee:$0.00 1111 k��1R'yILE�I�i�.l�f k Count :��O�'iYL,�� 11 II EXHIBIT-A 46-DAWSON—ROW PARCEL DESCRIPTION A norrei of Iand, being part of Lot 15. Milton Lake Estates, First Filing recorder' July 8, 1070 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty--Five West (R-.65W) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING ct the Southeast corner of said Section 12 and assuming the East line of said SE1/4 as beoring North 00'21'02" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02 West along said East line a distance of 898.80 feet the Easterly projection of the South line of said Lot 15; THENCE South 89'33'47 West along said Easterly projection a distance 50.00 feet to the Southeast corner of said Lot 15 and to the POINT OF BEGINNING; THENCE South 89'33'47' West along the South line of said Lot 15 a distance of 35.14 feet to the beginning 9 9 point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 424.78 feet, said curve has a Radius of 15,630.00 feet, a Delta of 01'33'26" and is subtended by a Chord that bears North 01'23'35'. East a distance of 424.77 feet to the North line of said Lot 15; THENCE North 89'33'47- East along a line non—tangent to the aforesaid curve and along said North line a distance of 22.22 feet to the Northeast corner of said Lot 15; THENCE South 00'21'02 East along the East line of said Lot 15 a distance of 424.55 to said Southeast corner and to POINT OF BEGINNING; Said described parcel of land contains 11,767 Square Feet or 0.270 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY -04%%.• WELD COUNTY DEPARTMENT ACQUISITION �1 e✓ OF PUBLIC WORKS �a�w as �if h _ WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 DAWSON DING SL`Rl"FYC)ItS PROJECT NO: SRP-26 SCALE: N1A WCR 49 .. ... "1-111 1--"iics"—�`'""" DATE 5-13-15 SPAWN BY. CDL SHEET: I of t 4150820 Pages, 6 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppe'■s, Clerk and Recorder, Weld County, CO ■III M�r1Q:irtIlll��IYI'rli�l�lI l��lw�4LI KI' li'ti910V ILIA ,I111 EXHIBIT-A IT-A E 1/4 CORNER__ 11 Car, 12 T.API P R W FOUND #6 REBAR WITHJI NOTICE 3.25" ALUMINUM CAP According to Colorado law you must STAMPED LS 34995, 2OO8 commence any!ego! action based upon IN MONUMENT BOX } any defect In this survey within three years after you first discover such defect. In no event may any action based upon any 9 defect in this survey be commenced more LEE 1 1 than ten years from the date of the ELLA 1 & certification shown hereon. (13-80-105 LONNIE R. FORD C.R.S. 2012) !( LOT 14 MILTON LAKE ESTATES I I 6 L4 l ! NOTE: This exhibit drawing is not intended — to be a monumentalized land survey. It's sole purpose Is as a graphic representation L 10' DRAINAGE & . to aid in the visualization of the written property description which it accompanies. UTILITY EASEMENT The written property description supersedes (REC. NO. 1550903) I` the exhibit drawing. c fl^ DEBRA & MICHAEL In 0 DAWSON ? I ALVIN CsJ PARC.#121312401005 N a DECHANT Jr. RECP.#3842404 'w m &DAVID ALAN LOT 15 MILTON LAKE Iv DECHANT CVO O ESTATES cV N In • N U 0 O 0 < SW1/4 50' EXISTING RIGHT-OF-WAY 1n ' om Z.� 57-T3N-R64W MILTON LAKE ESTATES FIRST FILING = (REC. NO. 1550903) ADDITIONAL RIGHT—OF—WAY 11,767s.f.± OR 0.270oc.±— ---y I !,.....0 SE 1/4 S12-T3N-R65W LINE TABLE 10' DRAINAGE & /rrrrrry rACFurnrr_ LINE BEARING LENGTH (REC. NO. 1550903) 1 I L1 NO0'21'02"W 898.80' i L3 L2 I I L2 S89'33'47"W 50.00' HEIDI J.&SCOTTI 35.14' � L3 889'33'47"W P. ELMORE POINT OF LOT 16 MILTON LAKE I BEGINNING € L4 N89'33'47"E 22.22' ESTATES I SE CORNER Sec. 12, T.3N., R.65W. CURVE TABLE FOUND #6 REBAR WITH 3.25" ALUMINUM CAP CURVE LENGTH RADIUS DELTA CHORD CH BEARING STAMPED LS 10855, 1998 Cl 424.78' 15630.00' 1'33'26' 424.77' N01'23'35'E IN MONUMENT BOX POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION '4 OF PUBLIC WORKS RW 46 \1:4WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 DAWSON KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 f;,)r (' 1=.n_..., I Windsor,Colorado 80550 4150820 Pages: 7 of 9 'it.mlb@K'ngsu'','"."' DATE: 5-13-15 DRAWN BY: CDL SHEET: 2of2 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III k1?1r Lifil i'MI NA ri:f1J' I'Guil6iii'I AO 11111 EXHIBIT-B IT-B 46-DAWSON—ICE PARCEL DESCRIPTIOfy A 20.00 foot „e strip f I nd beino port of Lot 1 Milton Lake Est '-;r_ riling recorded�eL July s 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SEI/4) of Section 'waive (12), Township Three North i 1.3N.), Range Sixty--Five West (R.65W.) of the Sixth Principal Meridian (6th P.M.). County of Weld, State of Colorado and being more particularly described as follows• COMMENCING at the Southeast corner of said Section 12 and assuming the East line of said SE1/4 as bearing North 00'21'02 West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007. a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02' West along said East line a distance of 898.80 feet the Easterly projection of the South line of said Lot 15; THENCE South 89'33'47" West along said Easterly projection and the South line of said Lot. 15 a distance 85.14 feet to the POINT OF BEGINNING; THENCE South 89'33'47 West continuing along said South line a distance of 20.02 feet to the beginning point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 424.78 feet, said curve has a Radius of 15,610.00 feet, a Delta of 01'33'33 and is subtended by a Chord that bears North 01'23'44 East a distance of 424.77 feet to the North line of said Lot 15: THENCE North 89'33'47 East along said North line a distance of 20.00 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 424.78 feet, said curve has a Radius of 15,630.00 feet, a Delta of 01'33'26 and is subtended by a Chord that bears South 01'23'35 West a distance of 424.77 feet to the South line of said Lot 15 and to the POINT OF BEGINNING; Said described parcel of land contains 8,496 Square Feet or 0.195 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. . ; • Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 TEMPORARY EASEMENT , WELD COUNTY DEPARTMENT ACOUISITION vai 1•:w OF PUBLIC WORKS T 4 ►�. WC f(49 CORRIDOR PROJEC I BETWEEN WCR(s)34& 36 DAWSON WC 49 KING SLR\ IVOR PROJECT NO SRP-26 SCALE N/A 4150820 Pages: 8 of 9 I DATE 5-1-415 DRAWN By CDL SHEET I of 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County.. Co ��kirsalni r�1 �I�' .4 M�,�'k'ilrYi',�r Ill II I11 I L -t I E 1/4 CORNER Secc. 12, L.3N. R,F5W. FOUND #6 REBAR WITH J i NOTICE 3.25" ALUMINUM CAP According to Colorado law you must STAMPED LS 34995. 2008 commence any legal action based upon I IN MONUMENT BOX any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more LONNIE R. F c E & ! I than ten years from the date of the ELLA A L R. FE certification shown hereon. (13-80-105 ORD C.R.S. 2012) LOT 14 MILTON LAKE ESTATES I I IL4 ! NOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's sole purpose Is as a graphic representotion 1/1' DRAINAGE & to aid in the visualization of the written property description which it accompanies. U71L/TY EASEMENT I I The written property description supersedes (REC. NO. 1550903) I I I the exhibit drawing. DEBRA & MICHAEL 1 rn t; DAWSON I ? I ALVIN PARC.#121312401005 (N w DECHANT Jr. RECP.#3 842404 I m & DAVID ALAN •- L I DECHANT LOT 15 MILTON LAKE I o o ESTATES I;v 01 N O• Q SW1/4 50' EXISTING RIGHT-OF-WAY U U .0 m S7-T3N-R64W MILTON LAKE ESTATES FIRST FILING - -I (REC. NO. 1550903) ON SE 1/4 I S12-T3N-R6SW I I � ► 20' TEMPORARY EASEMENT • 8,496s.f.± OR 0.195ac.± I - , LINE TABLE 10' DRAINAGE & I LINE BEARING LENGTH I 171/Tv EAcauENT_ (REC. NO. 1550903) j ' • L1 NO0'21'02"W 898.80' i L3 L2 I I L2 S89'33'47"W 85.14' HEIDI J. & SCOTT J L3 589'33'47"W 20.02' P. ELMORE POINT OF LOT 16 MILTON LAKE BEGINNING I 1 L4 N89'33'47"E 20.00' ESTATES i SE CORNER CURVE TABLE Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH CURVE LENGTH RADIUS DELTA CHORD CH BEARING 3.25" ALUMINUM CAP C1 424.78' 15610.00' 1'33'33' 424.77' N01'23'44'E STAMPED LS 10855, 1998 IN MONUMENT BOX C2 424.78' 15630.00' 1'33'26' 424.77' SO1'23'35'W POINT OF COMMENCEMENT TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION kil 71 OF PUBLIC WORKS TE 46 \�► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 DAWSON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' 030 E.Carrico Dace 11W'indsor.Colorado 80550 u;cr n rnrn.TV (n1 OR Ann , ,,.,,;l,;nr"n1an5S"n`)o":" "' DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 oft 4150820 Pages: 9 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO ■III Per1ilitil P 0141,IAkl.1;hF',Ahilli iW'lllLVaii, BIM • 1861E MEMORANDUM RECEIVED 111 TO: Clerk to the Board DATE: t j v _._GO_UNTY FROM: Leon Sievers/Tiffane Johnson WELD COUNTY Public Works Department COMMISSIONERS SUBJECT: Consent Agenda Item RE: 2015-3284 Warranty Deed with Michael and Debra Dawson on the WCR 49 Road Improvement Project. M:\Francie\AGENDA memos\Agenda-Leon-1.doc La)g,,t5/442/ coi5 - 81/-erg- 1 /6 WARRANTY DEED 14 THIS DEED made this OC lJ day of 620/0, between Michael Dawson and Debra Dawson 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: 16201 Weld County Road 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 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. 12/31/ Pages: 1 of 5 12/31/ /5 3, 200 15 12:58 PM R Fee:$0.00 D Fee:$0.00 ' Carly Koppes, Clerk and Recorder, Weld County, CO IIIII ��1�'4�I� I�ih�lfi�f�krl � ti� ,�4tiC �li�h all IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. ,r/a jiG&I,0/4 (Ddy-o, C-Atzt.)1•O Michael Dawson, Owner Debra Dawson, Owner State of 7 c O ) )ss. County of (,,� 0 ) The foregoing instrument was acknowledged before me this lc-3 day of j€e,vt, 20 157 by Michael Dawson and Debra Dawson, Owners. LEON W.SIEVERS Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID I20014024300 MY 00M N DIPNi68A000S '017 of y Public My commission expires: u 8_D8_i 7 4169796 Pages: 2 of 5 12/31/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 VIM%VI'Vali till 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 p� day of iale..I.A.4.1A/, 2015. ATTEST: dir- + 4/ '&k. COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD BY tact ��Q.. '* ` Dep t ,0,y Clerk to the Board % arbara Kirkmeye , Chair VonBOARD OF COUNTY DEC 2 8 2035 LI COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoi g instrument was acknowledged before me this OZ(1 day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Public My commission expires: /p2//I/p2N0d, CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4169796 Pages: 3 of 5 12/31/2015 12:58 PM R Fee.$0.00$0.00 0 Fee:$0 4 - 3oZ6q Carly Koppes Clerk and Recorder, Weld County; CO.00 II EXHIBIT-A 46-DAWSON-ROW PARCEL DESCRIPTION A parcel of land, being part of Lot 15, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty—Five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 12 and assuming the East line of said SE1/4 as bearing North 00'21'02 West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02" West along said East line a distance of 898.80 feet the Easterly projection of the South line of said Lot 15; THENCE South 89'33'47 West along said Easterly projection a distance 50.00 feet to the Southeast corner of said Lot 15 and to the POINT OF BEGINNING; THENCE South 89'33'47" West along the South line of said Lot 15 a distance of 35.14 feet to the beginning point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 424.78 feet, said curve has a Radius of 15,630.00 feet, a Delta of 01'33'26 and is subtended by a Chord that bears North 01'23'35- East a distance of 424.77 feet to the North line of said Lot 15; THENCE North 89'33'47- East along a line non—tangent to the aforesaid curve and along said North line a distance of 22.22 feet to the Northeast corner of said Lot 15; THENCE South 00'21'02 East along the East line of said Lot 15 a distance of 424.55 to said Southeast corner and to POINT OF BEGINNING; Said described parcel of land contains 11,767 Square Feet or 0.270 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. 4169796 Pages: 4 of 5 12/31/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 j' ;- Carly Koppes, Clerk and Recorder. Weld County, CO• VIII El lidIC 1�?��!.�L��1 IIItIti ill III M!IF2 V4'.4kJ Ill III Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION '‘11 Prair OF PUBLIC WORKS ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 DAWSON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Carden Drive I Windsor,Colorado 80550 WELD COUNTY.COLORADO phone:(970)686-5011 I email:inf @iiingsunevors.con, DATE: 5-13-IS DRAWN BY: CDL SHEET: I oft 1 X Iii -� E 1/4 CORNER I CPr, 12 T.3N, R.R5W FOUND #6 REBAR WITH J 1 NOTICE I 3.25" ALUMINUM CAP According to Colorado law you must I STAMPED LS 34995, 2008 commence any legal action based upon IN MONUMENT BOX 4 any defect In this survey within three years `-' after you first discover such defect. In no I event may any action based upon any defect in this survey be commenced more LEE I I than ten years from the date of the ELLA L. F& certification shown hereon. (13-80-105 LONNIE R. FORD I C.R.S. 2012) LOT 14 MILTON LAKE ESTATES I • I L4 I ! JOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's sole purpose Is as a graphic representation I r to aid In the visualization of the written 0' DRAINAGE property description which It accompanies. I--UTILITYEASEMENT I The written property description supersedes (REC. NO. 1550903) I the exhibit drawing. DEBRA & MICHAEL In cr,Lo • DAWSON 4 7 ? I ALVIN PARC.#1213124O1OO5 st co aLi I DECHANT Jr. RECP.#3842404 N 3 m l & DECHANT DAVID N LOT 15 MILTON LAKE p o O ESTATES cV In O• cJ N V O O < SW 1/4 0 CO 50' EXISTING RIGHT—OF—WAY In Z" I 57-T3N-R64W MILTON LAKE ESTATES FIRST FILING - - (REC. NO. 1550903) MI ADDITIONAL RIGHT—OF—WAY I 11,767s.f.± OR 0.270ac.± —_ U mom SE 1/4 ':.:'/./.`,/://,. �U� s12 T3N R65W /,pfLINE TABLE U.c r- 10' DRAINAGE & oho- I LINE BEARING LENGTH Oc,. l/TUTY Eecclr.^1T— m (REC. NO. 1550903) 1 I L1 N00'21'02"W 898.80' m3 li 1O 44-�� -f L3 L2 I I L2 S89'33'47"W 50.00' oLL o ni HEIDI J.&SCOTT J. I L3 S89'33'47"W 35.14' P. ELMORE in O3 3 I POINT OF LOT 16 MILTON LAKE i BEGINNING € L4 N89'33'47"E 22.22' W m w_ ESTATES en r a in cv SE CORNER N.� Sec. 12, T.3N., R.65W. CURVE TABLE _-. FOUND #6 REBAR WITH n 3.25" ALUMINUM CAP CURVE LENGTH RADIUS DELTA CHORD CH BEARING • NY`ti STAMPED LS 10855, 1998 Cl 424.78' 15630.00' 1'33'26' 424.77' N01'23'35'E co IN MONUMENT BOX ID M L POINT OF COMMENCEMENT RIGHT OF WAY .A..P;# WELD COUNTY DEPARTMENT ACQUISITION 4 � OF PUBLIC WORKS AC Q Rw-a6 k�►l,- WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 DAWSON PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 KING SURVEYORS ORS 650 E.Carden Drive I Windsor,Colorado 805511 WELD COUNTY,COLORADO phone;(970)686-5011 I email,info@KingSurveyors.com DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 Hello