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Home My WebLink About20153416.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 - FRONT RANGE FEEDLOTS, LLC 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 Front Range Feedlots, LLC, P.O. Box 517, Eaton, Colorado 80615, 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 Front Range Feedlots, LLC, 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. 2015-3416 EO0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - FRONT RANGE FEEDLOTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, CO ORADO ATTEST: C. ti a C- _ , 6.. �1�11 G' �4 arbara Kirkmeye , Chair Weld County Clerk to the Board • Mike Freeman, Pro-Tem BY: r ty Clerk to the Bo.�%� ' ` �� l �: an P. Cones-y O _ ce)APPROVED AS TO FORM '�;;.��`'V� f lie•o ad ounty Attorney (I4 Steve Moreno Date of signature: 2015-3416 EG0072 1861 MEMORANDUM TO: Clerk to the Board DATE: October 5, 2015 V co_uNTY 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,Permanent Easement, and Temporary Construction Easement with Front Range Feedlots, LLC. RECEIVED OCT 0 6 2015 WELD COUNTY COMMISSIONERS M.\Francie\AGENDA memos\Agenda-Leon-I.doc 2015-3416 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 FRONT RANGE FEEDLOTS, LLC and WELD COUNTY, COLORADO ' THIS AGREEMENT is made this /C/ day of 5-tiL, L. .- , 2015, by and between Front Range Feedlots, LLC, whose address is P.O. Box 517, Eaton, CO 80615, 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 ("Permanent Easement"), 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 J 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 Eight Hundred Twenty Two and 00/100 Dollars, ($822.00). 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 4153576 Pages: 1 of 11 d b/6=3/X0 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County CO viii Eir.friltidlifr ehliMini41h111riAD;. i i "Ill "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Fifty Seven and 00/100 Dollars, ($557.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred One and 28/100 Dollars, ($334.20). 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 September 15, 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 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 a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. 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. 9. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 10. 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 and Temporary Construction Easement. 11. 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 4153576 Pages: 2 of 11 10/28/2015 10:50 AM R Fee:$0.00$0.00 Page 2 of 5 Carly Koppes, Clerk and Recorder, Weld County. CO ■I!I M!�1Rti�+i'�i��li��'«�+'Y��,dF��G;�tM Uti k'��:M��L i�,�� 1111111 be no later than thirty (30) days following the County's execution of this Agreement. 12. 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 and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and / or the Warranty Deed. 3. County shall pay Two Thousand, Two Hundred Twenty Seven and 00/100 Dollars ($2,227.00) 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 One Thousand, Seven Hundred Thirteen and 00/100 Dollars ($1,713.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original 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. 4153576 Pages: 3 of 11 10/28/2015 10:50 AM R Fee.$0.00 Iii y Koppel, Clerk and Recorder. Weld County; CO Pa e30t-5 ' 111111 • MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are 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. 4153576 Pages: 4 of 11 CaarlZy$/2015 KoOPes.1CCler0k an'd Recorrde$0Weld County. CO Page 4of5 ■III!�!�1�1'�'F�,'YI�I'�'�'��;�L�;'Id!,VIP 11 51 III III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Front Range Feedlots, LLC By: Title: C Fe By: Title: ATTEST: deprAvv, V ...1 ,O;‘,k, BOARD OF COUNTY COMMISSIONERS Weld Co ty Clerk to the Board W LD COUNTY, C LORADO BY: ,L0/(1- Deputy Cle to the Boa arbara Kirkmeyer Chair } CT 2 6 2015 APPROVED AS TO FU PPROVED AS TANCE: OD-Airka Controllers El ial or Department Head APPRO ED AS TO FORM: A) A Director of General Services County Attorney Page 5 of 5 4153576 Pages: 5 of 11 020/5-0 10/28/2015 10:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO VIII RIr rr:12f r M?E 40'f',.lC IIIINIh,4rh'ilMi I i 1I III EXHIBIT-A 35—I-RON1 RANGE FEEDLOTS—ROW PROPER I DLSCRIPIION A parcel of land being part ot the South Halt (S1/2) of Lot No. 1 of the Northwest Quarter (NW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (WI/4) corner of sob Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18, being rnonumentalized by a #6 lobar with a 3 4 diameter aluminum cop stomped 199? (LS# is illegible) at the Suuth end and by a #6 lebar with a 3 k diameter aluminum cap stamped LS10855, 1998 at the North end, as bearing North 00'2,1'1c1 West, being a Grid Bearioa the Ccfarodc State Plane Coordinate System, North Zono, North American Datum 1983, a distance of 2649.64 feet, with all other bearings contained herein relative thereto: IrcNat. Norm as.ao'L/ test along Inc soutn tine of the Northwest Quarter (NWI/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Rook 658 of Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE North 00'24'19 West along said East Right—of—way line a distance of 1212.65 feet to the South line of Recorded Exemption No. 1215-18-2—RE2209, recorded August 4, 1998 as Reception No. 2630553 of the records of the Weld County Clerk and Recorder, said point being the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 743.35 feet to a Point of Tangency (PT), said curve having c radius of 15630.00 feet, a central angle of 02'43'30" and a long chord bearing South 01'50'43' East a distance of 743.28 feet; THENCE South 03'12'28 East a distance of 10.80 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 458.70 feet to the South line of the Northwest Quarter (NW1/4) of said Section 18, said curve having a radius of 15770.00 feet, a central angle of 01'40'00 and a long chord bearing South 02'22'28" East a distance of 458.69 feet; THENCE South 88'56'27 West along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 34.99 feet to the POINT OF BEGINNING. Said parcel of land contains 17,907 sq. ft. or 0.411 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Thirty (30) feet of the South Half (S1/2) of said Lot No. 1 lying South of the South line of said Recorded Exemption No. 1215-18-2—RE2209 and the Westerly extension thereof. Said existing Right—of—way contains 36,380 sq. ft. or 0.835 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. I./ tf' • - • Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELll COUNTY DEPARTMENT ACQUISITION v� � OF PUBLIC WORKS aGv �s thi► WCR 49 CORRIDOR PROJECT BETWEEN \VCR(s)32& 34 FRONT RANGE FEED LOTS 19 kink; tit-I\i�K� PROJECT NO SRI'-26 SCALE N ��.C_R 41 UFILf COI'NI\ I (1 AIIIt D _L 5-I ;DR61;S',iI ^1 CPI `:H't_EI Ioft 4153576 Pages: 6 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO �Iil 14t��aR��f'i�it�G��+'Mull lot��tJ��t ��l �I II I EXHIBIT-A fli ____ NW CORNER Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP JSTAMPED LS 10855, 1998 1 IN MONUMENT BOX i i 4NOTICE ou, z FRONT RANGE According to Colorado law you must d commence any legal action based upon FEEDL �T_ LT_,( any defect In this survey within three years DIANE P. &JAMES v w after you first discover such defect. In no St PARC.#121518000022 event may any action based upon any MILDENBERGER 3 L defect In this survey be commenced more O1 o RECP.#02396616 than ten years from the date of the certification shown hereon. (13-80-105 N FA C.R.S. 2012) oa o m 30' EXISTING RIGHT-OF-WAY z ACCEPTED ROAD VIEWER'S REPORT (BOOK 658 PAGE 9) NOTE: This exhibit drawing is not intended � to be a monumentaiized iapd survey. It's sole purpose is as a graphic representation ill F to aid in the visualization of the written property description which It accompanies. The written property description supersedes the exhibit drawing. v NW 1/4 NE 1/4 S18-T3N-R64W S13-T3N-R65W 50' PIPELINE EASEMENT �TO PANHANDLE EASTERN PIPE LINE COMPANY (REC. Na 1751441) AARON J.& in �L2 JOYE C. DILLER I N CURVE TABLE Csl °' CURVE LENGTH RADIUS DELTA CHORD CH BEARING 4 o C1 743.35' 15630.00' 2'43'30" 743.28' SO1'50'43"E I o 1 Z C2 458.70' 15770.00' 1'40'00" 458.69' S02'22'28"E ADDITIONAL RIGHT—OF—WAY / 17,907s.f.t OR 0.411ac.f LINE TABLE POINT OF BEGINNING W 1/4 CORNER - LINE I BEARING LENGTH Sec.18, T.3N., R.64W. L3 - - FOUND #6 REBAR WITH L1 N88'56'27"E 30.00' 3.25" ALUMINUM CAP, ' —L1 ILLEGIBLE, 199X L2 S03'12'28"E 10.80' 1 IN MONUMENT BOX I I L3 S88'56'27"W 34.99' POINT OF COMMENCEMENT RIGHT OF WAY -A�- WELD COUNTY DEPARTMENT is P;# OF PUBLIC WORKS ACQUISITION RW-35 1' ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FRONT RANGE FEED LOTS KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' WCR 49 650 E.Gardca Duce 1 R'iadsor,Colorado 80550 IA/1-1 n COUNTY COLORADO ,,,,,,",.,,y-i);686-;on e,:,d:Vro@l:("gs"ncyors.c^m DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 4153576 Pages: 7 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO ■III WPM?Italkneliti IVY jal)1 all I11Of!Al'Lk iiii Bill EXHIBIT-B 35 FRONT RANGE FEEDLOTS-PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the South Half (S1/2) of Lot No. 1 of the Northwest Quarter I (NW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: 1 E iNGthe West LrJMMtiit�ivt at Quarter (W1/4) corner or said Section 10 and assuming the. Wei line of the Nor thwest Quarter (NW1/4) of said Section 18, being rnonumentalized by a #6 rebai with a 3 A diameter anuminum cap stamped 199? (LSn is !egib!e) at the South end and by a i#6 rebar with a 3 ?/ diameter aluminum cap stamper" L510855, 1998 at the North end, as bearing North 00'24'19 West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.64 feet, with all other bearings contained herein relative thereto: THENCE North 88'56'27 East along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 64.99 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the West a distance of 458.70 feet to a Point of Tangency (PT), said curve having e radius of 15770.00 feet, a central angle of 01'40'00 and a long chord bearing North 02'22'28 West a distance of 458.69 feet; THENCE North 03'12'28- West a distance of 10.80 feet to a Point of Curvature (PC): THENCE along the arc of a curve which is concave to the East a distance of 743.35 feet to the South line of Recorded Exemption No. 1215-18-2—RE2209, recorded August 4, 1998 as Reception No. 2630553 of the records of the Weld County Clerk and Recorder, said curve having a radius of 15630.00 feet, a central angle of 02'43'30 and a long chord bearing North 01'50'43- West a distance of 743.28 feet; THENCE North 89'02'49 East along the South line of said Recorded Exemption No. 1215-18-2—RE2209 a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 742.56 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 02'43'32' and a long chord bearing South 01'50'42 East a distance of 742.49 feet; THENCE South 03'12'28 East a distance of 10.80 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 459.45 feet to the South line of the Northwest Quarter (NW1/4) of said Section 18, said curve having a radius of 15790.00 feet, a central angle of 01'40'02 and a long chord bearing South 02'22'27 East a distance of 459.44 feet; THENCE South 88'56'27 West along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 24,257 sq. ft. or 0.557 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT PERMANENT EASEMENT .A.11'1;0 OF PROTECT WORKS ACQC1[SITION �,F �s tk�6- WCR 40 CORRIDOR BETWEEN WCR(s)32&34 FRONT RANGE FEED LOTS KIyA, SLRv n,(ws PROJECT N0: SRP-26 SCALE: N'A \\CR 49 WWI I I)(:tOt=NI). ( 111 ()It \Iu) "L'"''''''' DOTE 5-11-15 DECO`I BY CUI. SHEET: I u12 4153576 Pages: 8 of 11 10/28/2015 10:50 RM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO lIII Iiir1lr: lrf'iT'i Mfr:lrriKlr,lkip:I i lvtli.i iii I oil ill'1', •Iiii EXHIBIT-B NW CORNER Sec.18, T.3N., R.64W. • FOUND #6 REBAR WITH . 3.25" ALUMINUM CAP STAMPED LS 10855, 1998 4?'L4 i IN MONUMENT BOX I I i ;�1. NOTtc F `� FRONT RANGE According to Colorado law you must ? commence any legal action based upon LO I FEEDLOTS,S, LLC any defect in this survey within three years n! 4 iv DIANE P. &JAMES w after you first discover such defect. in no m PARCJ 121518000022 event may any action based upon any MILDENBERGER La.. defect in this survey be commenced more Cr)CIN RECP.#0239651 Ej 30' EXISTING RIGHT-OF-WAY than ten years from the date of the certification shown hereon. (13-80-105 N C.R.S. 2012) 0 < . z °�° ' ' ACCEPTED ROAD VIEWER'S REPORT (BOOK 658 PAGE 9) NOTE: This exhibit drawing is not Intended to be a monumentalized land survey. It's sole purpose is as a graphic representation l� to aid in the visualization of the written I property description which it accompanies. The written property description supersedes the exhibit drawing. 1 • N r•) 0 0 NW 1/4 NE 1/4 I S18-T3N-R64W S13-T3N-R65W • 50'PIPELINE EASEMENT LINE BEARING LENGTH II TO PANHANDLE EASTERN L7 N88'56'27"E 30.00' --1- PIPE LINE COMPANY : L5 (REC. NO. 1751441) AARON J.& L3 L2 N88'56'27"E 34.99' JOYE C. DILLER I I L3 NO3'12'28"W 10.80' L4 N89'02'49"E 20.00' • ( .. L5 S03'12'28"E 10.80' 0 20' PERMANENT EASEMENT L6 S88'56'27"W 20.00' 24,257s.f.± OR 0.557ac.± l I CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING POINT OF BEGINNING - - -- - - -__, C1 458.70' 15770.00' 1'40'00" 458.69' NO2'22'28"W _ W 1/4 CORNER Sec.18, T.3N., R.64W. L2L6 C2 743.35' 15630.00' 2'43'30" 743.28' NO1'50'43"W — — FOUND #6 REBAR WITH L1 3.25" ALUMINUM CAP, C3 742.56' 15610.00' 2'43'32" 742.49' S01'50'42"E ILLEGIBLE, 199X i IN MONUMENT BOX I C4 459.45' 15790.00' 1'40'02" 459.44' SO2'22'27"E POINT OF COMMENCEMENT I WELD COUNTY DEPARTMENT PERMANENT EASEMENT 4A�- ACQUISITION 0, OF PUBLIC WORKS PE-35 \�01. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32 &34 FRONT RANGE FEED LOTS KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=200' WCR 49 6i0 E.Gorden Dnce O ndso,,Colorado 80550 WELD COUNTY.COLORADO ho•cr��650 5 01 mid�nt„n, n snneyoa rom DATE: 5-11-15 DRAWN BY: CDC. SHEET: 2 of 2 4153576 Pages: 9 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes Clerk and Recorder: Weld County CO lIII!i!raillifirriii riuilLFLiiiir hiNII OM I'A.Iii), 'III EXHIBIT-C 35-FRONT RANGE FEEDLOTS--TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the South Half (S1/2) of Lot No. 1 of the Northwest Quarter (NWI/4) of Section Eighteen (i8), township Three North (T.3N.), Range Sixty—tour West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: at the West (W1 /4) said Section 10th of theNorthwest COMMENCING � Quarter � / � corner of Section and assuming the West line u Quarter (N'0/1/4) of said Section 18, being monumentalized by a #6 rebar with c 3 / diameter aluminum cap stamped 199? (LS# is illegible) at the South end and by o #6 rehor with o 3 IA diameter naminurn cap stomped 1.510855, 1998 at the North end, as bearing North 00'24'19 West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, c distance of 2649.64 feet, with all other bearings contained herein relative thereto: THENCE North 88'56'27 East along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 64.99 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the West a distance of 458.70 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 01'40'00- and a long chord bearing North 02'22'28- West a distance of 458.69 feet; THENCE North 03'12'28' West a distance of 10.80 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 743.35 feet to the South line of Recorded Exemption No. 1215-18-2—RE2209, recorded August 4, 1998 as Reception No. 2630553 of the records of the Weld County Clerk and Recorder, said curve having a radius of 15630.00 feet, a central angle of 02'43'30 and a long chord bearing North 01'50'43 West a distance of 743.28 feet; THENCE North 89'02'49 East along the South line of said Recorded Exemption No. 1215-18-2—RE2209 a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 742.56 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 02'43'32- and a long chord bearing South 01'50'42 East a distance of 742.49 feet; THENCE South 03'12'28- East a distance of 10.80 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 459.45 feet to the South line of the Northwest Quarter (NW1/4) of said Section 18, said curve having a radius of 15790.00 feet, a central angle of 01'40'02 and a long chord bearing South 02'22'27 East a distance of 459.44 feet; THENCE South 88'56'27- West along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 24,257 sq. ft. or 0.557 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. • • Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY Y DEPARTMENT ACQUISITION �r OF PUBLIC WORKS r-_�s �► ,_ WCR 49 CORRIDOR PROTECT BETWEEN WCR(s) 32 &3-4 FRONT RANGE FEED LOTS 4i1VC1 S('R\nt()1 . PROJECT NO. SRP-26 SCATi-.E. N/A \1Y'R 49 WI-II l)(' 11'N I S'-('(UI.ORADO L. L 5-11-15 DhA�Niv B'; ( DI S iLE 1 I ul 4153576 Pages: 10 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII Par Ni i'61 16ANCEMr I •III EXHIBIT -C NW CORNER Sec.18, I.3N., R.b4W. FOUND #6 REBAR WITFI 3.25" ALUMINUM CAP STAMPED LS 10855, '1998 I IN MONUMENT BOX I14 NOIICL �-(7') t �1 t 1 ai Ci 1:RO I L I RAN(ii', According to Colorado low you must d Z commence any legal action based upon NE & cc — r\I 4 FEEDLOTS.1 S. Elk any defect In this survey within three years D I A P 1LAME-�1 co 2 '2 ul lei yuu 11 an ulcuuoel ased Ueleupon 1. III I lu m E ��I�C',} 5 �t)�)�)�)_� event may any action based upon any defect in this survey be commenced more A11I.nE�E3E RCi1 R - 0 R1-C'I •rr (J 396616 than ten years from the date of the a O certification shown hereon, (13-80-105 (ft C.R.S. 2012) (n O Q z CO 30' EXISTING RIGHT-OF-WAY --{ ACCEPTED ROAD VIEWER'S REPORT (BOOK 658 PAGE 9) NOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's I'iti' sole purpose is as a grophic representation I to aid in the visualization of the written roperty ion which It cri ompanies.The w ittensproperrty descriptions supersedes I the exhibit drawing. I N r<) U 0 NW 1/4 NE 1/4 I S18-T3N-R64W S13-T3N-R651/1 . 50' PIPELINE EASEMENT LINE BEARING LENGTH TO PANHANDLE EASTERN L1 N88'56'27"E 30.00' -T PIPE LINE COMPANY ,� (REC. NO. 1751441) AARON :J. & L3 --L5 L2 N88'56'27"E 34.99' JOYE C. DILLER I L3 NO3'12'28"W 10.80' L4 N89'02'49"E 20.00' L5 S03'12'28"E 10.80' U U 20' TEMPORARY EASEMENT L6 S88'56'27"W 20.00' 24,257s.f.± OR 0.557ac.± CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING POINT OF BEGINNING - - - - C1 458.70' 15770.00' 1'40'00" 458.69' NO2'22'28"W _ W 1/4 CORNER Sec.18, T.3N., R.64W. L2L6 C2 743.35' 15630.00' 2'43'30" 743.28' NO1'50'43"W - -- FOUND #6 REBAR WITH L1 3.25" ALUMINUM CAP, • C3 742.56' 15610.00' 2'43'32" 742.49' SO1'50'42"E ILLEGIBLE, 1OX I IN MONUMENT BOX 1 C4 459.45' 15790.00' 1'40'02" 459.44' S02'22'27"E POINT OF COMMENCEMENT I WELD COUNTY DEPARTMENT TEMPORARY EASEMENT .A.. ACQUISITION '��ei# OF PUBLIC WORKS rF-3D till Oil WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 32 & _34 FRONT RANGE FEED LOTS Ki; St'RA1 'rIll:a PROJECT N0: SRP-26 SCALE: 1"-200' \VCR-4) \\1-1 l)('OL IN I Y.('(11 (1R-ADO DATE 5-11-15 DRA1'/`d EY (DI. SHEET ?uf? 4153576 Pages: 11 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO II "III ElF1kl7lilrl��1,h'Iilif ill Ila4 1■'1I+r KI'��il'YL ill:illlliiWiiil 111 II I 861 t, MEMORANDUM \ 1r r; 7. �--/7 � • TO: Clerk to the Board DATE: 1/26/2016 •CCO_ti N FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Agreement under Doc #2015-3416 Warranty Deed with Front Range Feedlots, LLC - WCR 49 Corridor Project. RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS M\Francie\AGENDA memos'Agenda-Leon-3.doc EI:14t4lAV+ 11/l 492-0/5 3 Cl/zi (12 O2, - /� E ooTh WARRANTY DEED THIS DEED made this _ 116:( _ day of o� , 20 f�, between Front Range Feedlots, LLC., a Colorado Limited Liability Company, 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, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as: Vacant land. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, 4178684 Pages: 1 of 5 �� 4/�02/04/2016 01:26 PM Carly Koppes, Clerk and Recorder�0W0ja�o��e'$0.00 X111�!��1r i haY.�.1��111.Y1!+i'�AU 1��YL�� , Ill!! 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Front Range Feedlots, LLC. • • Josep A. Hoff Title: C�D State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this Z5 day of 3,eE,O 042 20 I,, , by Joseph A. Hoff, Cfb / for Front Range Feedlots, LLC. JAMES R.FLESHER NOTARY PUBLIC STATE OF COLORADO Witness my hand and official seal. NOTARY ID 20154039602 ''OMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: October 7, 2019 4178684 Pages: 2 of 5 0.00 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$ Carly Koppes, Clerk and Recorder, Weld County; CO VIII l�fi��I�ht�W4��,��:GI�J�'lliTP ,:w4,44 �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 Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this /sf day of , 2016. ...1,141-eal ATTEST: ddrAL/1l V ele144;t1 BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO • IS ILA♦ BY: !. /, f �. � �� BY: M C. D�jl ty Clerk o the Boa f .�;.,� ,1 Mike Freeman, Chair 361 (It,,,7:_ rN FEB 0 1 2016 STATE OF COLORADO ) i♦, �� )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this sr day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIO RS OF THE COUNTY OF WELD. Witness my hand and official seal. &-e-41-CY Notary Pu is My commission expires: to1/41 >1.- . CHERYL LYNN HO EIORAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES AC. 19, 2018 4178684 Pages: 3 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 020 /5-7-'0�/ 1111 Mai 11if4a'i ili'Willi I lkhlihrPala liaillii ii ii EXHIBIT-A 35-FRONT RANGE FEEDLOTS-ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half (S1/2) of Lot No. 1 of the Northwest Quarter (NW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18, being monumentalized by a #6 rebar with a 3 y%' diameter aluminum cap stamped `199?" (LS# is illegible) at the South end and by a #6 rebar with a 3 4'_ diameter aluminum cap stamped 'L510855, 1998 at the North end, as bearing North 00'24'19 West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.64 feet, with all other bearings contained herein relative thereto: THENCE North 88`56'27 East along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE North 00'24'19 West along said East Right—of—way line a distance of 1212.65 feet to the South line of Recorded Exemption No. 1215-18-2—RE2209, recorded August 4, 1998 as Reception No. 2630553 of the records of the Weld County Clerk and Recorder, said point being the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 743.35 feet to a Point of Tangency (PT), said curve having o radius of 15630.00 feet, a central angle of 02'43'30" and a long chord bearing South 01'50'43" East a distance of 743.28 feet; THENCE South 03'12'28" East a distance of 10.80 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 458.70 feet to the South line of the Northwest Quarter (NW1/4) of said Section 18, said curve having a radius of 15770.00 feet, a central angle of 01'40'00" and a long chord bearing South 02'22'28" East a distance of 458.69 feet; THENCE South 88'56'27" West along the South line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 34.99 feet to the POINT OF BEGINNING. Said parcel of land contains 17,907 sq. ft. or 0.411 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Thirty (30) feet of the South Half (S1/2) of said Lot No. 1 lying South of the South line of said Recorded Exemption No. 1215-18-2—RE2209 and the Westerly extension thereof. Said existing Right—of—way contains 36,380 sq. ft. or 0.835 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. „. Li if I ' •0 O6 yg p u :2381 • � t N g12•2ol�J�s' ,, .....••• 5 Low Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT OF WAY ia OF PUBLIC WORKS ACQUISITION RW 35 Na... ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FRONT RANGE FEED LOTS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A GO G Garden Drne \Find=or,Colorado 80550 WELD COUNTY,COLORADO ,hone:'cnn -,,,,, rnto@t;gSnrey„rnnn, DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 oft 4178684 Pages: 4 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.60 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT-A NW CORNER Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH • 3.25" ALUMINUM CAP JSTAMPED LS 10855, 1998 I IN MONUMENT BOX ' ` i 7.4- Nonce mz FRONT RANGE According to Colorado law you must cl — commence ony legal action based upon , Q FEEDLOT'S TT,C any defect in this survey within three years DIANE P. &JAMES w after you first discover such defect. In no m PARC.#121518000022 event may ony action based upon any MILDENBERGER 3 E,.. defect In this survey be commenced more cn o RECP.#02396616 than ten years from the dote of the certification shown hereon. (13-80-105 N (nC.R.S. 2012) O Q CI m 30' EXISTING RIGHT-OF-WAY Z ACCEPTED ROAD VIEWER'S REPORT (BOOK 658 PAGE 9) NOTE: This exhibit drawing is not intended iON to be a manumentalized land survey. It's sole purpose is as a graphic representation IM to aid in the visualization of the written property description which It accompanies. The written property description supersedes the exhibit drawing. NW 1/4 NE 1/4 518-T3N-R64W 513-T3N-R6SW 50' PIPELINE EASEMENT --TO PANHANDLE EASTERN PIPE LINE COMPANY (REC. NO. 1751441) AARON J.& JOYE C.DILLER ce "- L2 N N CURVE TABLE 0 C4 r- 0 CURVE LENGTH RADIUS DELTA CHORD CH BEARING o Cl 743.35' 15630.00' 2'43'30" 743.28' SO1'50'43"E o i Z C2 458.70' 15770.00' 1'40'00" 458.69' S02'22'28"E ADDITIONAL RIGHT—OF—WAY 17,907s.f.± OR 0.411ac.± LINE TABLE / POINT OF BEGINNING W 1/4 CORNER - LINE I BEARING LENGTH _ Sec.18, T.3N., R.64W. L3 - FOUND #6 REBAR WI TH Li N88'56'27"E 30.00' 3.25" ALUMINUM CAP, Li L2 S03'12'28"E 10.80' ILLEGIBLE, 199X I' IN MONUMENT BOX ( i L3 S88'56'27"W 34.99' POINT OF COMMENCEMENT I RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT AC UISITION 46 Pik OF PUBLIC WORKS Q RW-35 ►ll, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FRONT RANGE FEED LOTS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=200' WELD COUNTY,COLORADO 650 E.Garden Drive I 11 indsor,Colorado 80550 0806, r97m rge_un1 I e",apt.nf @KngSarveP"eo,n DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 4178684 Pages: 5 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII PINIEVIkilVfle IV,F:1 1I.41,1il Erghti Lidild4)1 Ill II Hello