HomeMy WebLinkAbout20150796.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 - JANE AND KIPLIN
JOHNSON
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 Jane and Kiplin Johnson, 24133 County Road 38, La Salle, 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,
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 Jane
and Kiplin Johnson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
CC:?W(Fe/Ls")4/z9
2015-0796
EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - JANE AND KIPLIN JOHNSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: im W ;(1
rbara Kirkm yer, CKair
Weld County Clerk to the Board Th
Mike Freeman, Pro-Tem
BY: �, ` CDeputy CI k to the °+ c� , -/{�
\ Sean P. Con ay
ICfriN
1
APPROVED AS TO FO .1 J /r O ��
p ,� / Julie/A�C�z—adCounty Attorney ,�C/ e.
Steve Moreno
Date of signature: /174
2015-0796
EG0072
MEMORANDUM
r ,T
TO: Clerk to the Board DATE: March 18, 2015
2— CGUti It]
_�
FROM: Leon Sievers, 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 Jane E. and Kiplin W. Johnson.
Enclosure RECEIVED
MAR 2 0 2015
WELD COUNTY
COMMISSIONERS
N Vrrxnole,ACENDA memos Agenda-Leona aoc
2015-0796
EG OO-12
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 JANE E.JOHNSON AND KIPLIN W. JOHNSON AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this (4j1 day of /VI f2Gd, 2015, by and between
JANE E. JOHNSON AND KIPLIN W. JOHNSON, whose legal address is 24133 County
Road 38, La Salle, Colorado 80645, hereinafter collectively referred to as "Owner," and the
COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as ("Public Road Right-of-Way"), and
WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, and
WHEREAS, County requires a Temporary Construction Easement 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 Three
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Carly04/08/2015KoppeCer Pn R order, Ie1 0240/k ' 079
Carly . Clerk and Recorder, Weld County, CO
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Page 2 of 5
Thousand Seven Hundred Eighty Dollars, ($3,780.00). The parties acknowledge
and agree that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of One Thousand Six Hundred Ninety Dollars, ($1,690.00). The
parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Seven Hundred
Thirty Dollars, ($730.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
4. If this agreement is executed and returned to our office on or before March 11,
2015, the County shall pay the amount described in Paragraph Three "3" of the
County's Rights and Responsibilities.
5. Owner warrants that they are the Owner of the Public Road Rights-of-Way,
Permanent Easement and the Temporary Construction Easement and will defend
title thereto against all claims.
6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty
Deed, free and clear of all liens and encumbrances, except existing easements.
7. Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
easements.
9. The Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on January 1, 2018, or upon the
completion of the Intersection Improvement Project, whichever is earlier.
10. Owner shall not, during the term of the Temporary Construction Easement, erect
or construct, or allow to be erected or constructed, any building or other structures
on the property described in Exhibit "C" which may interfere with County's full
enjoyment of the rights hereunder; the Temporary Construction Easement
includes all rights and privileges as are necessary or incidental to County's
reasonable and proper use of said easement.
11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
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Carly Koppes, Clerk end Recorder. Weld County, CO
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Page 3 of 5
Permanent Easement and the Temporary Construction Easement, and shall also
retain any water rights currently attached to or associated with the Public Right-
of-Way, Permanent Easement and Temporary Construction Easement.
12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-
of-Way to County and the Permanent Easement at the date of closing which shall
be no later than thirty (30) days following the County's execution of this
Agreement.
13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties
thereon), on or before the date of closing when Owner delivers the Warranty Deed
to County and the Permanent Easement. Owner is solely responsible for the
payment of any amounts owed to a third party holding a security or other
ownership interest in the Public Road Right-of-Way, Permanent Easement and
Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County
desires to obtain title insurance for the Public Road Right-of-Way, Permanent
Easements and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement and
/or the Warranty Deed.
3. County shall pay Eight Thousand Sixty Dollars, ($8,060.00) to the Owner for the
Public Road Right-of-Way, the Permanent Easement, and the Temporary
Construction Easement by County warrant(s) at the date of closing if agreement is
signed and returned on or before March 11, 2015. If the agreement is not signed
and returned on or before March 11, 2015, the County shall maintain its current
offer of Fair Market Value of Six Thousand Two Hundred Dollars ($6,200) 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.
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 / permanent 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
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Carly Koppes, Clerk and Recorder, Weld County. CO
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Page 4 of 5
responsible for the subsequent maintenance of said fence.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and be enforceable by
the parties and their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
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Carly Koppes. Clerk and Recorder, Weld County.. CO
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Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
GMNTOR: 9N . OHNSON AND KIPLIN W.JOHNSON
Jar1eiE, Johnson Kipl W. J nson
ATTEST: •C/+to;tK BOARD OF COUNTY COMMISSIONERS
Weld oi.7t lerk to the B and WELD COUNTY, CO ORADO
BY. .awf�C/ , k./s/G.EL(dz—
Deputy Cle to the Board T.= Barbara Kirkmeyer, Chair-MAR5 2015
APPROVED AS TO FUNDI _ �As'ROVED AS e ' BSTANCE:
Contro er �—�--- ected !�`icial or Department Head urn
i\jAPPRO AS TO FOR • ' !A
Director of General Services
County Y
P:\WEI.DCNTY\C40#18\JOHNSON,JANE-KIPLIN\REV Compromise Agreement Johnson 2-17-15.docx
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Carly dili +a,tit'Pi�at� �:F'A�litiFilk�}�FiN 1l'es Clerk and Recorder Weld �
III! r i5�'kit) "Ill dots- 07 96,
EXHIBIT-A SW I/4 S31-T4N-R64W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT A, RECORDED EXEMPTION NO. 1053-31-3 RE-3301,A RECORDED EXEMPTION
RECORDED UNDER RECEPTION NO.2963717 OF THE RECORDS OF WELD COUNTY,COLORADO, LOCATED IN THE
SW1/4 OF SECTION 31,T4N, R64W OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,SAID PARCEL BEING
A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO.2975231 OF THE
RECORDS OF WELD COUNTY,COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A FROM WHICH THE NORTHWEST CORNER OF SAID LOT
A BEARS N00°16'31"W, 1319.55 FEET.THENCE N00°16'13"W,30.01 FEET ALONG THE WEST LINE OF SAID LOT A TO
THE TRUE POINT Of BEGINNING.
THENCE CONTINUING N00°16'13"W, 1289.54 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST
CORNER OF SAID LOT A;
THENCE N88°23'09"E,30.01 FEET ALONG THE NORTH LINE OF SAID LOT A;
THENCE S00°16'13"E, 1219.57 FEET PARALLEL WITH THE WEST LINE OF SAID LOT A;
THENCE S45°53'45"E,97.93 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS
S88°28'43"W PARALLEL WITH THE SOUTH LINE OF THE SW1 /4 OF SAID SECTION 31;
THENCE S88°28'43"W. 100.02 FEET PARALLEL WITH THE SOUTH LINE OF THE SW1/4 OF SAID SECTION
31 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 41,138 SQUARE FEET(0.944 ACRES),MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE SOUTH-HALF OF SAID SOUTHWEST ONE-QUARTER;
SAID PARCEL CONTAINS 1.21 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY:
LEON W.SIEVERS, PLS 23520
RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY,COLORADO.
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Carly Koppes. Clerk and Recorder, Weld County. CO
�IIIM��1!'YLW�tiDill«d'�i�ZIrY,CF,;a�k�S�l,�l�fr+f'�Y4F "Ill
RIGHT OF WAY WELD COUNTY DEPARTMENT
"86� �J� OF PUBLIC WORKS
ACQUISITION
WCR 49 CORRIDOR PROJECT
lc \ BETWEEN WCR 38&40
JOHNSON J \ PROJECT No. sRF-26 SCALE:
WELD COUNTY,COLORADO �— G O U
DATE: 3-17-15 DRAWN BY:DRH SHEET: 1 of2
EXHIBIT-A
NW CORNER LOT A ' N88°23'09"E 30.01' THROCKMORTON
S 1/16 CORNER
WITNESS CORNER
S31-T4N-R64W PROPERTY LINE
I
S 1/16 CORNER I �
S31-T4N-R64W I `
30' RIGHT-OF-WAY ACQUIRED
NOTE: THIS EXHIBIT MAP DOES NOT 41,138 SQ.FT.± OR 0.944 AC.±
REPRESENT A MONUMENTED LAND I
SURVEY OR LAND SURVEY PLAT.
R IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION a I a�
ONLY.
�I
13' KIPLIN W. JOHNSON
AND JANE E. JOHNSON
a r::`,);N N LOT A, EXEMPTION #RE-3301
' zl W
STATE OF I ' " W PARCEL #1053-31-3-00-017
COLORADO ' RECEPTION #2975231
lc N
I
1 I Z
t EXISTING 40' ROW
BK 1060/PG 72
04-06-1940
I SW 1/4
I 531-T4N-R64W
- S 1/4 CORNER
S36-T4N-R65W 60' EXISTING ROAD
EXIST THRU USAGE,
NO ROW INFO.
545°53'45"E 97.93' APPROX.
iY
WCR 38 T.P.O_B_ t NUR 38
° N8828 43�E 2466.9_
- - - - - - - - _ I I ' S88°28'43"W 100.02' S 1/4 CORNER
SW CORNER I I 831-T4N-R64W
S31-T4N-R64W - NO°16'13"W 30.01'
I I P.O.C.
SW CORNER LOT A
N88°28'43"E 40.01'
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Harrell & Co. OF PUBLIC WORKS
RW_2
1800 38th street, Boulder. CO 80901 WCR 49 CORRIDOR PROJECT
Engineers/surveyors (303) 442-4338 BETWEEN WCR(s)38 &40
KIPLIN W. JOHNSON cownr0 snjxcs (no) 2!0-0681
& JANE E. JOHNSON °R"'m 10X0^°" 1e'f°>°°7:1°°° PROJECT NO. SRP-26 SCALE: I"=200
WCR 49 cl�r (e1o)es1—oeu
WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County. CO
■III����L',�lih� anf��4ii�'!h'�ItiNk�J�'i11Y & tf',i"i ■I III
EXHIBIT-B
PROPERTY DESCRIPTION
PERMANENT EASEMENT
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT A, RECORDED EXEMPTION NO. 1053-31-3
RE-3301, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2963717 OF THE RECORDS OF WELD
COUNTY, COLORADO, LOCATED IN THE SW1/4 OF SECTION 31, T4N, R64W OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, SAID STRIP OF LAND BEING A PORTION OF THAT TRACT OF LAND AS
DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2975231 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A, FROM WHICH THE NORTHWEST CORNER OF SAID
LOT A BEARS NOO°16'13"W, 1319.55 FEET, THENCE N00°16'13"W, 30.01 FEET ALONG THE WEST UNE OF
SAID LOT A TO A POINT HEREINAFTER REFERRED TO AS POINT A; THENCE CONTINUING NOO°16'13"W,
1289.54 FEET ALONG THE WEST UNE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A;
THENCE N88°23'09"E, 30.01 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF
BEGINNING;
THENCE SOO°16'13"E, 1219.57 FEET PARALLEL WITH THE WEST UNE OF SAID LOT A;
THENCE 545°53'45"E, 97.93 FEET TO A POINT FROM WHICH SAID POINT A BEARS S88°28'43"W PARALLEL
WITH THE SOUTH UNE OF THE SW1/4 OF SAID SECTION 31;
THENCE N88°28'45"E, 27.98 FEET PARALLEL WITH THE SOUTH UNE OF THE SW1/4 OF SAID SECTION 31;
THENCE N45°53'45"W, 109.09 FEET;
THENCE NOO°16'13"W, 1211.63 FEET TO THE NORTH UNE OF SAID LOT A;
THENCE S88°23'09"W, 20.01 FEET ALONG THE NORTH UNE OF SAID LOT A TO THE TRUE POINT OF
RFGINNING
SAID PARCEL CONTAINS 26,383 SQUARE FEET (0.606 ACRES), MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
WIWAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
PERMANENT EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION PE-2 Drexel, Darrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, CO 80901 WCR 49 CORRIDOR PROJECT
Engineers/Sur"eyore (303) 442-4338 BETWEEN WCR(s)38&40
KIPLIN W. JOHNSON - c»mwro SPRINGS MSG R50-0607
& JANE E. JOHNSON 0RA1m J°"°^o" 1°'°I 2571-1°°° PROJECT NO. SRP-26 SCALE: N/A
WCR 49 car ro7 m-oeu
WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 1 oft
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Carly Koppes. Clerk and Recorder, Weld County, CO
■IIIMi�1l��?�w'ti'P�4�hia�'14��1���4;��l�L�lliC'F:��YI,'� 11111
EXHIBIT-B
S31 T4N R ! I r_88°23'09"E 30.01' THROCKIVIORTON
S 1/16 CORNER I1/ S88°23'09"W 20.01'
WITNESSO i
PROPERTY LINE
i
S 1/16 CORNER i
S31-T4N-R64W i
T.P.O.B. ' i
I
i
I�i N
' M oil
I co 20' UTILITY EASEMENT ACQUIRED
NOTE: THIS EXHIBIT MAP DOES NOT I �f! Ni
REPRESENT A MONUMENTED LAND t 26,383 SQ.FT.± OR 0.606 AC.±
SURVEY OR LAND SURVEY PLAT. R IS i 3i 3I
INTENDED TO ILLUSTRATE THE ATTACHED I '9i 'Pi
PROPERTY DESCRIPTION ONLY. IN 10: OI
of o
`j toIN
` - KIPLIN W. JOHNSON
N !
cn ! N
IN, 3 AND JANE E. JOHNSON
lid in LOT A, EXEMPTION #RE-3301
;
PARCEL #1053-31-3-00-017
STATE OF iv'
o RECEPTION #2975231
COLORADO v'
I � I
! I I i
EXISTING 40' ROW
BK 1060/PG 72
04-06-1940
I i
SW 1/4
S31-74N-R64W
S 1/4 CORNER I i
536-T4N-R65W I i
60' EXISTING ROAD
EXIST THRU USAGE,
N45°53'45"W 109.09' NO ROW INFO.
545°53'45"E 97.93' - APPROX.
'
WC? 38 POINT A I i 4! 38 - -
- - - - - - - - - - - - N882843"E 2466_59_ _ _iii, - - - - - - - - - I I I - - N8828'43E 27.98 51/4CORNER
SW CORNER I i I S31-T4N-R64W
S31-T4N-R64W NO°16'13"W 30.01'
I I I P.O.C.
SW CORNER LOT A
N88°28'43"E 40.01'
PERMANENT EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION CE_,- Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, CO 80901 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s) 38&40
KIPLIN W. JOHNSON COLORADO SPRINGS na) eeu-0687 -
& JANE E. JOHNSON °R"Im 10M"°" `°71c>°°v-1"°° PROJECT NO. SRP-26 SCALE: 1"=200
WCR 49 mmar Ivro)ml-°°u
WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2of2
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Carly Koppes. Clerk and Recorder. Weld County. CO
Ill MJillui wr'tiN1l4 V1'Rl!'h'7'1 CEIV.M IT H IY4vi 11111
EXHIBIT-C
PROPERTY DESCRIPTION
TEMPORARY EASEMENT
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT A, RECORDED EXEMPTION NO. 1053-31-3
RE-3301, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2963717 OF THE RECORDS OF WELD
COUNTY, COLORADO, LOCATED IN THE SW1/4 OF SECTION 31, T4N, R64W OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, SAID STRIP OF LAND BEING A PORTION OF THAT TRACT OF LAND AS
DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2975231 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A, FROM WHICH THE NORTHWEST CORNER OF
SAID LOT A BEARS NOO°16'13"W, 1319.55 FEET, THENCE NOO°16'13"W, 30.01 FEET ALONG THE WEST UNE
OF SAID LOT A TO A POINT HEREINAFTER REFERRED TO AS POINT A; THENCE CONTINUING NOO°16'13"W,
1289.54 FEET ALONG THE WEST UNE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A;
THENCE N88°23'09"E, 30.01 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF
RFGINNING•
THENCE SOO°16'15"E, 1219.57 FEET PARALLEL WITH THE WEST UNE OF SAID LOT A;
THENCE 545°53'45"E, 97.93 FEET TO A POINT FROM WHICH SAID POINT A BEARS S88°28'43"W PARALLEL
WITH THE SOUTH UNE OF THE SW1/4 OF SAID SECTION 31;
THENCE N88°28'43"E, 27.98 FEET PARALLEL WITH THE SOUTH UNE OF THE SW1/4 OF SAID SECTION 31;
THENCE N45°53'45"W, 109.09 FEET;
THENCE NOO°16'13"W, 1211.63 FEET TO THE NORTH UNE OF SAID LOT A;
THENCE 588°23'09"W, 20.01 FEET ALONG THE NORTH UNE OF SAID LOT A TO THE TRUE POINT OF
RFOINNING
SAID PARCEL CONTAINS 26,383 SQUARE FEET (0.606 ACRES), MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
WIWAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38Th STREET
BOULDER, CO 80301
303-442-4338
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION TE-2 Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38 &40
KIPLIN W. JOHNSON cotnwuo snows (no)reo-oen
& JANE E. JOHNSON " 0°m 0W er°>269-�"°° PROJECT NO. SRP-26 SCALE: N/A
u®ar co,a>sa-oeu
WCR 49
WELD COUNTY.COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 1 of2
4097178 Pages: 10 of 12
04/08/2015 12:58 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County- CO
■III MAMA li'j''NEM1k III II
EXHIBIT-C
NW CORNER LOT A ' I N88°23'09"E 30.01' THROCKMORTON
S 1/16 CORNER / 588°23'09"W 20.01'
WITNESS CORNER I
S31-74N-R64 I - - _ ___ ,_
PROPERTY LINE
I
i
S 1/16 CORNER )
531-T4N-R64W I
T.P.O.B. i
i
L
mi co 20'TEMPORARY EASEMENT ACQUIRED
�i N' 26,383 SQ.FT.± OR 0.606 AC.±
INOTE: THIS EXHIBIT MAP DOES NOT i Toi o,3
REPRESENT A MONUMENTED LAND SURVEY —i-I
OR LAND SURVEY PLAT. IT IS INTENDED 1° COI
TO ILLUSTRATE THE ATTACHED PROPERTY I o, z
oI
DESCRIPTION ONLY. z
' ro
'i KIPLIN W. JOHNSON
' 0, r N
N -: AND JANE E. JOHNSON
kw ' LOT A, EXEMPTION #RE-3301
a I - PARCEL #1053-31-3-00-017
STATE OF Ir°
COLORADO fN 2 RECEPTION #2975231
i '
iIi
! EXISTING 40' ROW
! BK 1060/PG 72
i 04-06-1940
I ' SW 1/4
I I 531-T4N-R64W
S 1/4 CORNER i
S36-T4N-R65W ' I
i , 60' EXISTING ROAD
EXIST THRU USAGE,
i N45°53'45"W 109.09' NO ROW INFO.
545°53'45"E 97.93' , APPROX.
'
WCR 38 POINT A ! ' WC'R 38
^V - - - - - - - - - N88,2E 43"E_ 2466_59_ „_„_Nr
J - - - - - - - - - - I I ' S88 28'43 W 27.98' S 1/4 CORNER
SW CORNER I ' S31-T4N-R64W
531-T4N-R64W - NO°16'13"W 30.01'
I I P.O.C.
SW CORNER LOT A
N88°28'43"E 40.01'
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION TE-2 Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder. CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40
KIPLIN W. JOHNSON - Mace SPRINGS Ins)250-0087
& JANE E. JOHNSON /\ Is'°R"m '°°s ro)2 -1M4)srPROJECT NO. SRP-26 SCALE: 1"=200
WCR 49 c1®sr (vro)sd571-oeu
WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 oft
4097178 Pages: 11 of 12
04/08/2015 12:58 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
IIII NMI Ili li,w'rlir lngI'ii,r�fi,re�i rre lvi •iii
EXHIBIT"D"
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that
® Jane E. Johnson and Kiplin W. Johnson
[PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)]
is (are) the Owner(s) of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant
unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado corporation, whose post office address is Fort Collins,
Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the
undersigned:
A UTILITY EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS
CONSTRUCTED ON WORK ORDER it
0 Reception No. County Weld Township 4 N, Range 64 W, Section 31 Book Pages
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining,
and extending from time to time an overhead and/or underground electric line or system, including, but not limited to, poles,towers, fixtures,
conductors,guy wires,cables,conduits,vaults, transformers,pads, and enclosures,on,over or under the above-described lands;
A. And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and
shrubbery located within 18 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous
trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other
facilities of the Association.
B. The undersigned agrees to keep the area within 18 feet of the centerline of said underground or overhead electric line or system
clear of buildings, structures, piles of earth, rubbish,debris or other substances or materials, and to permit or otherwise agree to the
easement and joint use occupancy of other lines or systems.
C. And grants to the Association the right of access for ingress and egress over the lands above-described and the right to use the roads
or trails, whether public, private or dedicated,to install, maintain and use gates and fences presently installed or as may be installed
from time to time.
D. And further agrees that all facilities installed by or for the Association shall remain the property of the Association, removable at the
option of the Association.
E. And further grants to the Association the right to use the easement for communication purposes including wireless transmitters and
receivers and phone line carrier equipment.
F. And shall not grant any other easement right-of-way, permit or license upon, under or over said property without the written consent
of the Association.The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or
waiver by the Association of any of its hereby expressed rights.
G. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all
claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following:
MORTGAGE COMPANY NAME:
0 IN WITNESS WHEREOF the undersigned has set his hand and seal this day of ,20
(Owner) ®
(Signature,
(Owner) ®
(Signature)
(Owner) ®
STATE OF COLORADO ) (Signature)
ss:
COUNTY OF ) SEAL
0 The foregoing instrument was acknowledged before me this day of 20
by,
[PRINT OWNER(S)OF RECORD NAME(S)]
Notary Public: My Commission Expires:
(Signature, POUORL VALLLV RI A
4097178 Pages: 12 of 12 I,O BOX 272550
FORT COLLINS.CO R,52-
Document' 04/08/2015 12:58 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
■III I�!�1litLliIli hiINVY�RhMdr�1+Y��'rJ�':RRW�I� 11111
is61 MEMORANDUM
I) ,, iris ')
11
-, \ / Al ? TO: Clerk to the Board DATE: 1/4/2016
1 FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc#2015-0796
RECEIVED
Warranty Deed with Jane E. and Kiplin W. Johnson JAN 0 5 2016
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-1doc
Ardo, 00/. `Pa2(1-S 7'-T c) o15-U79.1p
I - 11 - 11n / -//- /( CG 007
V3 - /to
WARRANTY DEED
/17
THIS DEED made this �/ day of , 20) , between Jane E.
Johnson and Kiplin W. Johnson of the County of Weld, tate 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 24133 WCR 38, 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.
4172607 Pages: 1 of 5
01/13/2016 12:52 PM R Fee:$0.00
Cariy Koppes, Clerk and Recorder, Weld County, CO
IllirdinflirliNITIONI?'i illM.DR IV Ire 14.1I Ili III III 02015^0791,
•
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
J E E. JOHNS , Owner I IN W. JO , Owner
State of )
)ss.
County of )
The foregoing instrument was acknowledged before me this a,4-- day of D-(2-c-e+n be,--
20 1 5 , by Jane E. Johnson and Kiplin W. Johnson, Owners.
LEON W.SIEVERS Witness my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014014300
MY COMMISSION WIRES AUGUSTS.2017
otary Public
My commission expires: Op,._o cc-,4 7
4172607 Pages: 2 of 5
01/13/2016 12:52 PM R Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County, CO
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this // day of , 2016.
ATTEST: ddrititAl 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 f 4
BY. sea %`
142 BY: 'VAPZ,-i„2„--
Dep y Cler to the Boa Mike Freeman, Chair ju 1 203 BOARD OF COUNTY
COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF HE COUN OF WELD.
Witness my hand and official seal.
Notary P lic
My commission expires: /4// 9/44/K CHERYL LYNN HOFFMAN
NOTARY PLMJIw
STATL OP COLO;IADO
NOTARY ID 20144048044
MY C0MMI0SIUN LXPIRES LEC. 19, 2018
4172607 Pages: 3 of 5
01/13/2016 12:52 PM R Feder Wel ' �I��
Carly Koppes, Clerk and Recorder, Weld „ BM
County CO 010'oi
LEGAL DESCIPTIONS TO BE REVISED AT CLOSING TO INCLUDE EXISTING COUNTY ROW
EXHIBIT-A
PROPERTY DESCRIPTION
RIGHT-OF-WAY
ALL THAT PORTION OF LOT A, RECORDED EXEMPTION NO. 1053-31-3 RE-3301, A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 2963717 OF THE RECORDS OF WELD COUNTY,
COLORADO, LOCATED IN THE SW1/4 OF SECTION 31, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED UNDER RECEPTION NO. 2975231 OF THE RECORDS OF WELD COUNTY, COLORADO AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A FROM WHICH THE NORTHWEST CORNER OF
SAID LOT A BEARS NOO°16'13"W, 1319.55 FEET, THENCE NOO°16'13"W, 30.01 FEET ALONG THE WEST
UNE OF SAID LOT A TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NO0°16'13"W, 1289.54 FEET ALONG THE WEST UNE OF SAID LOT A TO THE
NORTHWEST CORNER OF SAID LOT A;
THENCE N88°23'09"E, 30.01 FEET ALONG THE NORTH UNE OF SAID LOT A;
THENCE S00°16'13"E, 1219.57 FEET PARALLEL WITH THE WEST UNE OF SAID LOT A;
THENCE S45°53'45"E, 97.93 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS
S88°28'43"W PARALLEL WITH THE SOUTH UNE OF THE SWI/4 OF SAID SECTION 31;
THENCE S88°28'43"W, 100.02 FEET PARALLEL WITH THE SOUTH UNE OF THE SW1/4 OF SAID SECTION
31 TO THE TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 41,138 SQUARE FEET (0.944 ACRES), MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
WIWAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street. Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Eugiueers/surveyors (303) 442-4338 BETWEEN WCR(s)38&40
KIPLIN W. JOHNSON COLORADO SPRINGS lvlel 2e0-Cee7
& JANE E. JOHNSON n" °" Rmv- PROJECT NO. SRP-26 SCALE: N/A
WCR 49 aRmrsv (vro)snR—oe+e
WELD COUNTY,COLORADO DATE. 9-03-14 DRAWN BY: TLT SHEET: 1 of 2
4172607 Pages: 4 of 5
01/13/2016 12:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII PAM i4 YlM N 1 Kitrilleil LA 1 i i 1I II
EXHIBIT-A
NW CORNER LOT A ' ' N88°23'09"E 30.01' THROCKMORTON
S 1/16 CORNER
WITNESS CORNER ' _ _ _ _ _ _ _ _ _ _ _ _
S31-T4N-R64W - - - - - PROPERTY LINE
S 1/16 CORNER i
S31-T4N-R64W
I '
30' RIGHT-OF-WAY ACQUIRED
NOTE: THIS EXHIBIT MAP DOES NOT ' 41,138 SQ.FT.± OR 0.944 AC.±
REPRESENT A MONUMENTED LAND I i
SURVEY OR LAND SURVEY PLAT. )
R IS INTENDED TO ILLUSTRATE THE i `
ATTACHED PROPERTY DESCRIPTION I
ONLY.I ; I
vii
1 ,1:I ' KIPLIN W. JOHNSON
AND JANE E. JOHNSON
Z : . CD
CS±' LOT A, EXEMPTION #RE-3301
STATE OF � " �' PARCEL #1053-31-3-00-017
rF.'r' RECEPTION #2975231
COLORADO ,�, f
F
Z r
r
'55: EXISTING 40' ROW
i iI ;; BK 1060/PG 72
i 04-06-1940
i
I
1 SW 1/4
i S31-T4N-R64W
S 1/4 CORNER a ,
3 —T4N—R W
i
S 6 65 I 60' EXISTING ROAD
I EXIST THRU USAGE,
NO ROW INFO.
i S45°53'45"E 97.93' APPROX.
WCR 38 T.P.O.B, ' WcR 38 - - - -
- - - - - -- - ■ N88°28_43'x-246659'
- _ _
■
S88°28'43"W 100.02' S 1/4 CORNER
SW CORNER i I S31-T4N-R64W
S31-T4N-R64W NO°16'13"W 30.01'
I I I P.O.C.
SW CORNER LOT A
N88°28'43"E 40.01'
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION ca, Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
En2)neere/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40
KIPLIN W. JOHNSON . .O. cowRADo 8PRDIG8 (,ne) 08,,,
& JANE E. JOHNSON ° °a (�°>a j- ° PROJECT NO. SRP-26 SCALE: I"=200
WCR 49 nxmsr (eo)
WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY. TLT SHEET: 2 of 2
4172607 Pages: 5 of 5
01/13/2016 12:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 r.try1Mniii liq h VII M.PaliNlIfiliiii i4ri, 11111
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