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Home My WebLink About20152941.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - FRANK CASSANO 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 Frank Cassano, 15315 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 Frank Cassano, 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. e(� /( /TJ) 2015-2941 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - FRANK CASSANO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2015. BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO ATTEST: esdriu/1/ •e,k. arba Kirkmeyer, Chair Weld County Clerk the Board LtticA_. Mike Freeman, Pro-Tem D uty Clerk to the Board Sean P. Conway ( J APP ED A +'f'ORM: Iti ) / A. Cozad ounty Attorney '. ;i 4'P Moreno Date of signature: //( /1 ®U.y1 2015-2941 EG0072 18616 MEMORANDUM I TO: Clerk to the Board DATE: September 3, 2015 v�_cou_NY_Y S FROM: Tiffane Johnson/Leon Sievers 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 Frank W. Cassano. RECEIVED SEP 0 3 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-1.doc 2015-2941 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN FRANK W. CASSANO and WELD COUNTY, COLORADO THIS AGREEMENT is made this / day of S . "r , 2015, by and between Frank W. Cassano, whose address is 15315 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 One Thousand, Five Hundred Twenty One and 00/100 Dollars, ($1,521.00). 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 Thirty Two and no/100 Dollars, 4145160 Pages: 1 of 9 09/25/2015 11:03 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County; Co kr �D/�'��`C0/ VIII rL''lrhiiiI05:11i�i'��I�I MI ,N�'�tl�t�h��uW�'�� III ($533.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before September 7, 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 "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. 10. 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. 11. 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. 12. 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 4145160 Pages: 2 of 9 Page 2 of 5 09/25/2015 11:03 y Koppes Clerk and Re AM Fee:g0�00d County: CO ■�11 ,l��rIlrt��«it�4�+ �� III III 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, Six Hundred Sixty Nine and 00/100 Dollars ($2,669.00) 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 7, 2015. If the agreement is not signed and returned on or before September 7, 2015, the County shall maintain its current offer of Fair Market Value of Two Thousand, Fifty Three and 00/100 Dollars ($2,053.00) 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. County will reimburse the landowner the sum of One Thousand Five Hundred and no/100 dollars ($1,500.00) to replace six existing trees that will be removed as part of the construction. 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 boundary of the temporary construction easement. The fence shall be a 47 inch high field fence with two strands of smooth wire on top. County shall move the existing driveway gate to this new fence line and construct the gate using wood posts. At the conclusion of construction, the County will install a new permanent right of way field fence 47 inches high with two strands of smooth wire on top along the boundary of the new right of way being acquired hereunder but will leave the gate at the temporary easement line. County will connect the new right of way fence to the gate located at the temporary easement location forming a turn out situation. County will tie the new field fence to the existing side fencing and will re-tension the existing high tensile side fence. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. MISCELLANEOUS: 4145160 Pages: 3 of 9 09/25/2015 11:03 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, Co Page 3 of S 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. 4145160 Pages: 4 of 9 09/25/2015 11:03 AM R Fee:$0.00 $0.00 Page 4 of 5 Carly Koppes. Clerk and Recorder, Weld County. CO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Frank W. Cassano � � �� By: � /'�c:e _�'� �,,1, �L`�_��<-�-'Lti'� � Title: Owner ATTESTf/.�Q�:�uN � `�'� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Boar W LD COLTNTY, C LORADO �°�� BY: D puty lerk to t e ar � Barbara Kirkmey , Chair 5 P 0 9 2015 ,�� O APPROVED AS TO F APPROVED S TO S BSTAN �� -- -- != -- � '� , Controller ct d fficial or epartment Head APPROVED AS TO FORM: I�! ��I �� Director of General Services County Attorney �'� Page 5 of 5 4145160 Pages: 5 of 9 09/25/2015 11:03 AM R Fee:$0.@0 CarlY Koppes, Clerk and Recorder, Weld County, CO ■III!�!�.rl��r H��I�i�«��4�11k��.��!�'r^L'��i��YL�r�� I II I aoi�-ag�l � EXHIBIT-A 37-CASSANO-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot 22, 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 Thirteen (13), 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 East Quarter (Li/4) corner ot said Section 13 and assuming the East line ot the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 �% diameter aluminum cap stamped -199? (LS# is illegible) at the North end and by a #6 rebar with a 2 diameter aluminum cap stamped Greenhorne & O'Mara (year and LS# are illegible) at the South end, as bearing South 00'18'47 East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE South 00'18'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 1327.51 feet to the intersection with the Easterly extension of the South line of said Lot 22; THENCE South 89'41'13- West along said Easterly extension a distance of 50.00 feet to the Southeast corner of said Lot 22, said point being the POINT OF BEGINNING; THENCE continuing South 89'41'13' West along the South line of said Lot 22 a distance of 11.69 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 428.95 feet to the South line of that parcel of land described in that Warranty Deed recorded September 10, 1990 as Reception No. 02226793 of the records of the Weld County Clerk and Recorder, said curve having a radius of 15770.00 feet, a central angle of 01'33'30" and a long chord bearing North 01'30'51- West a distance of 428.93 feet; THENCE North 89'41'13" East along the South line of that parcel of land described in said Warranty Deed a distance of 20.68 feet to the East line of said Lot 22; THENCE South 00'18'47" East along the East line of said Lot 22 a distance of 428.84 feet to the POINT OF BEGINNING. Said parcel of land contains 7,359 sq. ft. or 0.169 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. DO Jo O Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION Ca ri OF PUBLIC WORKS RW_37 �' 6.1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 CASSANO WCR 49 KING SURV'EY'ORS PROJECT NO: SRP-26 SCALE: N/A (,50i lip I i nm, lA i ( ,I ra, WELD COUNTY.COLORADO " "I DATE: 5-II-IS DRAWN BY: CDT SHEET: I oft 4145160 Pages: 6 of 9 09/25/2015 11:03 RM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■Ill 141��1l�+�i�;�� 'I��.��,i��'�«r I �,�M�4�.i��4�i��;h 1111111 1 XHIB.IT-A E 1/4 CORNER Sec.13, T.3N., R.65W. CURVE TABLE FOUND #6 REBAR WITH 3.25" ALUMINUM CAP, CURVE LENGTH RADIUS DELTA CHORD CH BEARING ILLEGIBLE, 199X - IN MONUMENT BOX I C1 428.95' 15770.00' 1'33'30- 428.93' N0l'30'51"W POINT OF COMMENCEMENT <,-, i CIIARLLNE S. FRIDGE & I u) i ROGER J. FRIDGE. Lei 1 N ' ( t. - T ACD r i LINE I /-\ LL w LINE BEARING LENGTH 'boo L1 S89'41'13"W 50.00' o L2 S89'41'13"W 11.69' (I) FRANK W. I L3 N89'41'13"E 20.68' CASSANO PARC.#1213 13401006 co RECP.#2525176 ( NOTICE SE 1/4 M According to Colorado law you must S13-T3N-R65W c..) -1-- LARRY & commence any legal action based upon any defect in this survey within three years MARY A. after you first discover such defect. In no (• j event may any action based upon any ADDITIONAL RIGHT—OF—WAY______.-----. *c.-7.) C7 MADISON defect in this survey be commenced more 7,359S.f.t OR 0.169oc.t O • Z than ten years from the date of the co Q certification shown hereon. (13-80-105 N < C.R.S. 2012) CO 20' DRAINAGE AND UTILITY EASEMENT w SW 1/4 10' ON EACH SIDE OF LOT LINE O S18-T3N-R64W NOTE: This exhibit drawing is not Intended — to be a monumentalized land survey. It's FROM MILTON LAKE ESTATES FIRST FILING lo sole purpose Is as a graphic representation (REC. NO. 1550903) ,- Q to aid In the visuailzation of the written o CO property description which it accompanies. (n The written property description supersedes 50' EXISTING RIGHT-OF-WAY the exhibit drawing. MILTON LAKE ESTATES FIRST FILING - - (REC. NO. 1550903) I L2 L1 POINT OF PHILLIP J.& I BEGINNING SARAH S. VALERIE A. I PFANNEBECKER FLORESj--r SE CORNER Sec.13, T.3N., R.65W. FOUND #6 REBAR WITH 2.5" ALUMINUM CAP, ILLEGIBLE IN MONUMENT BOX RIGHT OF WAY 4A.. WELD COUNTY DEPARTMENT ACQUISITION 44 Pik OF PUBLIC WORKS RV,/ 37 ��il h..1. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 CASSANO KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 [ ,,I,.C]r I i Unrc t ll md,or. .olorado 80n, WELD COUNTY.COLORADO ,' 4, ;Uni 'I,'„<.,;h'ng, DATE• 5-11-15 DRAWN BY: CDT SHEET: 2 of 2 4145160 Pages: 7 of 9 09/25/2015 11:03 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO uIII KII'JIIIMIIMAIIII.Illi Ifldri,1lV1'II'IIiPil'Ili 11111 EXHIBIT-B 37-CASSANO-TE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being port of Lot 22, 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 Thirteen (13), 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 East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SL1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 IA' diameter aluminum cap stamped "199? (LS# is illegible) at the North end and by a #6 rebar with a 2 1/ diameter aluminum cap stamped Qreenhorne & O'Mara (year and LS# are illegible) at the South end, as bearing South 00'18'47 East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE South 00'18'47' East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 1327.51 feet to the intersection with the Easterly extension of the South line of said Lot 22; THENCE South 89'41'13 West along said Easterly extension and along the South line of said Lot 22 a distance of 61.69 feet to the POINT OF BEGINNING; THENCE continuing South 89'41'13" West along the South line of said Lot 22 a distance of 20.01 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 428.95 feet to the South line of that parcel of land described in that Warranty Deed recorded September 10, 1990 as Reception No. 02226793 of the records of the Weld County Clerk and Recorder, said curve having a radius of 15790.00 feet, a central angle of 01'33'23'. and a long chord bearing North 01'30'45' West a distance of 428.93 feet; THENCE North 89'41'13" East along the South line of that parcel of land described in said Warranty Deed 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 428.95 feet to the POINT OF BEGINNING, said curve having a radius of 15770.00 feet, a central angle of 01'33'30" and a long chord bearing South 01'30'51- East a distance of 428.93 feet; Said strip of land contains 8,579 sq. ft. or 0.197 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. O _!r 3810x? o Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4� :0 OF PUBLIC WORKS TF_37 ► , WCR.49 CORRIDOR PROJECT BETWEEN WCR(s)32& 34 CASSANO KING SI RATIYORS PROJECT NO: SRP-26 SCALE: N/A Vi/CR 49 (,50 I 6artl. Dncc vv"indoor_(:olo,:,dn So3>o WELD COUNI Y.COLORADO 'q,':' ""` DATE: 5-I 1-15 DRAWN BY: CDL. SHEET: I o1 2 4145160 Pages: 8 of 9 09/25/2015 11:03 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill EXHIBIT-B . E 1/4 CORNER Sec.13, T.3N., R.65W. FOUND #6 REBAR WITH CURVE TABLE 3.25" ALUMINUM CAP, • CURVE LENGTH RADIUS DELTA CHORD CH BEARING ILLEGIBLE, 199X I IN MONUMENT BOX C1 428.95' 15790.00' 1'33.23" 428.93' NO1'30.45'W POINT OF COMMENCEMENT C2 428.95' 15770.00' 133'30' 428.93' SO1'30'51''E I I CHARLENE S. FRIDGE& I ! • I ROGER J. FRIDGE I I crl I I L 4 I rr, I i I n l r' T A D I r i - LIiNL ABLE_ 1 !11 I LINE BEARING I LENGTH 20' TEMPORARY EASEMENT I - I 8,579s.f.t OR 0.197ac.t I I co L1 S89'41'13"W 50.00' o L2 S89'41'13"W 11.69' FRANK W. I i I I L3 S89'41'13"W 20.01' CASSANO ' I i L4 I N89'41'13"E 20.00' PARC.#121313401006 RECP.#2525176 i I i NoncE SE 1/4 According to Colorado law you must S13-T3N-R65W N LARRY& commence any legal action based upon U U any defect In this survey within three years MARY A. after you first discover such defect. In no I I event may any action based upon any i of 2 MADISON defect in this survey be commenced more z than ten years from the date of the I . coo N certification shown hereon. (13-80-105 W C.R.S. 2012) m 20' DRAINAGE AND UTILITY EASEMENT I w ' SW 1/4 10' ON EACH SIDE OF LOT LINE I I N p S18-T3N-R64W NOTE: This exhibit drawing Is not intended to be a monumentalized land survey. It's —FROM MILTON LAKE ESTATES FIRST FILING I a0 sole purpose is as a graphic representation (REC. NO. 1550903) • o ¢ to aid in the visualization of the written o CO property description which it accompanies. I I U1......• The written property description supersedes 50' EXISTING RIGHT-OF-WAY I the exhibit drawing. MILTON LAKE ESTATES FIRST FILING I -. (REC. NO. 1550903) POINT OF BEGINNING . - L3 ' L1 I L2 I PHILLIP J. & i i SARAH S. VALERIE A. i PFANNEBECKER FLORES SE CORNER . Sec.13, T.3N., R.65W. • FOUND #6 REBAR WITH • 2.5" ALUMINUM CAP, ILLEGIBLE IN MONUMENT BOX TEMPORARY EASEMENT ''''AP.-_, WELD COUNTY DEPARTMENT ACQUISITION 4$. OF PUBLIC WORKS TE-37 lb. . WCR 49 CORRIDOR PROJECT \` BETWEEN WCR(s)32&34 CAS SANO KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 650 E.Carden Drive I Windsor,Colorado 60550 WELD COUNTY,COLORADO phone:(d70)68asuu I email:infai'KingSnrceyors.eon, DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 4145160 Pages: 9 of 9 09/25/2015 11:03 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill I�11�1l��r µu�1i«��l lk�h�P�'Iipil F'irk rI■'AtI 11 •I III 1861 MEMORANDUM TO: Clerk to the Board DATE: 1/5/2016 �GOUN � Y FROM: Leon Sievers/Tiffane Johnson RECEIVED Public Works Department JAN 062C6 SUBJECT: Consent Agenda ItemW OELD COUNTY COMMISSIONERS RE: Doc#2015-2941 Warranty Deed with Frank W. Cassano for improvements to WCR 49. M:\Francie'AGENDA memoAAgenda-Leon-2.doc 17-f/fc_ 6°O Conit Arco, 01015-agho - ��- EG 007 WARRANTY DEED THIS DEED made this day o 20 between, Frank II , �, W. Cassano and County of Weld, a body corporate and p litic of the State of Colorado whose legal address is 915 10th 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 TG EXHIBIT "A" Also known as 15315 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 soever, 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. 4172605 Pages: 1 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 1111 Mild Clerk h�'IititY�,l+J�� Y 11' M1�,�Ili II III • IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. (A) Frank W. Cassano, Owner State of C,--j o A1-PC ) )ss. County of c,k) ✓9 ) The foregoing instrument was acknowledged before me this 5 ` day of J AA:0,4 , 20 l(, by Frank W. Cassano, Owner. Witness my hand and official seal. LEON W.SIEVERS STATE COLORADO NOTARY ID 20014024300 MY C0MMISSI0N DOMES AUGUSTS,2017 otary Public My commission expires: 675- s-- ) 7 4172605 Pages: 2 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ��rid RIM�� I ,��E��'Y4rh 11111 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 I I day ofJa1 , 2016. ATTEST: �/�@%�+� jel4 '� 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: . 1. %!/� �... � ".,,,;r BY: d 41Sti vi�,.__ Depu Clerk to the Boa :�� ,► � Mike Freeman, Chair JAN 1 1 2016 �► �� ~� BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) //f� The foregoing instrument was acknowledged before me this day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF E COUN OF WELD. Witness my hand and official seal. Notary Pub is My commission expires: /AM/O14 � CHERYL LYNN HOFFMAN /AM NOTAK• a''iiBLIC STATE Or COLORADO NOTARY ID 201440.48044 MY COMMISSION EXI.,RcS UEC. 19, 2018 4172605 Pages: 3 of 5 01/1Carly Cer an R order 00 D unty, CO /0 Riff Carly Koppes, Clerk and Recorder, Weld County, CO �jJ"�`7 R':f.i1)5111l 1I+ ,Ikii iI II EXHIBIT-A 37-CASSANO-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot 22, 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 Thirteen (13), 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 East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 4 ' diameter aluminum cap stamped 199?" (LS# is illegible) at the North end and by a #6 rebar with a 2 3" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# are illegible) at the South end, as bearing South 00'18'47" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE South 00'18'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 1327.51 feet to the intersection with the Easterly extension of the South line of said Lot 22; THENCE South 89'41'13" West along said Easterly extension a distance of 50.00 feet to the Southeast corner of said Lot 22, said point being the POINT OF BEGINNING; THENCE continuing South 89'41'13" West along the South line of said Lot 22 a distance of 11.69 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 428.95 feet to the South line of that parcel of land described in that Warranty Deed recorded September 10, 1990 as Reception No. 02226793 of the records of the Weld County Clerk and Recorder, said curve having a radius of 15770.00 feet, a central angle of 01'33'30" and a long chord bearing North 01'30'51" West a distance of 428.93 feet; THENCE North 89'41'13" East along the South line of that parcel of land described in said Warranty Deed a distance of 20.68 feet to the East line of said Lot 22; THENCE South 00'18'47" East along the East line of said Lot 22 a distance of 428.84 feet to the POINT OF BEGINNING. Said parcel of land contains 7,359 sq. ft. or 0.169 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. .D0 IC Alt • • ;� 38106 s'° % 4172605 Pages: 4 of 5 I, r n'' ° 01/13/2016 12:52 PM R Fee: 0.00 D Fee:$0.00 7 �,�'12 O Carly Koppes, Clerk and Recorder, Weld County, C0 5 _ Michael Chad Dilko — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY A., WELD COUNTY DEPARTMENT ACQUISITION 4a �� OF PUBLIC WORKS RW-37 � ► _ WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 CASSANO WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Garden Dove 14C"u¢iwr,Colorado 80550 WELD COUNTY,COLORADO phone.(970}686-Still I email.Info@ls:Ingtinnewrs.corn DATE: 5-11-15 DRAWN BY: CDL SHEET: I oft EXHIBIT-A E 1/4 CORNER Sec.13, T.3N., R.65W. CURVE TABLE FOUND #6 REBAR WITH 3.25" ALUMINUM CAP, CURVE LENGTH RADIUS DELTA CHORD CH BEARING ILLEGIBLE, 199X IN MONUMENT BOX C1 428.95' 15770.00' 1'33'30- 428.93' NO1'30'51'W POINT OF COMMENCEMENT CHARLENE S. FRIDGE & u� ROGER J. FRIDGE , �`, N , LINE TABLE i 1 LINE BEARING LENGTH 3 L1 S89'41'13"W 50.00' b L2 S89'41'13"W 11.69' in FRANK W. I L3 N89'41'13"E 20.68' CASSANO 0\ PARC.#12131340 1006 co NO RECP.#2525176 . NOTICE SE 1/4 According to Colorado law you must W S13-T3N-R65W commence any legal action based upon 0 i� LARRY& 9 p any defect in this survey within three years 1O m MARY A. after you first discover such defect. In no c0 j event may any action based upon any ADDITIONAL RIGHT-OF-WAY_______----". o oMADISON defect In this survey be commenced more C) Z than ten years from the dote of the 7,359s.f.t OR 0.169ae.t O N cn Q certification shown hereon. (13-80-105 N W C.R.S. 2012) m 20' DRAINAGE AND UTILITY EASEMENT W SW 1./4 - FROM MILTON LAKE ESTATES FIRST FILING 10' ON EACH SIDE OF LOT LINE i. p S18-T3N-R64W NOTE: This exhibit drawing is not intended 00 (I) to be a monumentalized land survey. It's sole purpose is as a graphic representation (REC. NO. 1550903) o Q to aid to the visualization of the written O CO property description which it accompanies. (1) The written property description supersedes 50' EXISTING RIGHT-OF-WAY I the exhibit drawing. MILTON LAKE ESTATES FIRST FILING - (REC. NO. 1550903) _ _ L2 L1 POINT OF PHILLIP J.& _MI BEGINNING SARAH S. m VALERIE A. I PFANNEBECKER G.0 FLORES GU= V! w e w C L`� SE CORNER Sec.13, T.3N., R.65W. • FOUND #6 REBAR WITH m3 2.5" ALUMINUM CAP, ILLEGIBLE ____e!ii S: in IN MONUMENT BOX a= O w- i . RIGHT OF WAY .A., WELD COUNTY DEPARTMENT aNia # ACQUISITION �� P o° OF PUBLIC WORKS aN v RW-37 �' ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 N'81E CASSANO L+ KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' too WCR 49 65U E.Garden DovelCind-or.Colorado 8O,' ON o WELD COUNTY,COLORADO Plumy:'e'u;686,nli ' rmad:mto@l'ngSunceorac"1 DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 OY.. ` tV a NN L Hello