HomeMy WebLinkAbout20153285.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR PRO-TEM TO
SIGN NECESSARY DOCUMENTS - PATRICIA AND TERRY GRISHAM
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 Patricia
and Terry Grisham, 23900 CR 34.5, 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 Patricia and Terry Grisham, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign any necessary documents.
2015-3285
CC::. yam) (1-S1Fcin) 1O/may EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 49 - PATRICIA AND TERRY GRISHAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:LA�� JC ' EXCUSED
(k Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mi e Freeman, Pro-Tern
BY:1)etallek./Y6.41,4_1
itlity Clerk to tpe Board ��r„�
E s-ean P. Con ay
APPROVED AS TO FOR
ulie A. Cozad
County Attorney
Steve Moreno
Date of signature: 1O/
2015-3285
EO0072
_ 8614.e MEMORANDUM
/Il
TO: Clerk to the Board DATE: October 8, 2015
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
with Patricia A. and Terry L. Grisham.
RECEIVED
OCT 0 9 2015
COMMISSIONERS
M\Francie\AGENDA memos\Agenda-Leon-I.doc
2015-3285
\1\ C (2-1
'V
I
•
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 49, BETWEEN PATRICIA A. GRISHAM and TERRY L.
GRISHAM AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this I ° 'day of Se P`te""4'"`r , 2015, by and between
Patricia A. Grisham and Terry L. Grisham,whose address is 23900 County Road 34.5, 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 Three Thousand, Five Hundred
Ninety One and 00/100 Dollars, ($3,591.00). 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 Eight Hundred Forty Five and 10/100 Dollars, ($845.10). The
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII IIPARNIAiMh'i* 'i Piii56OW'611:9 il.4lyi, 1I II
parties acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. If this agreement is executed and returned to our office on or before September 15, 2015
the County shall pay the amount described in Paragraph Three "3"of the County's Rights
and Responsibilities.
4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the
Temporary Construction Easement and will defend title thereto against all claims.
5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed,
free and clear of all liens and encumbrances, except existing easements.
6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear
of all liens, encumbrances or other possessory claims, except existing easements.
7. The Temporary Construction Easement shall commence on the day the contractor enters
the property to begin construction of the Weld County Road 49 Improvement Project and
shall expire and be of no further force or effect after three (3) years, or upon the
completion of the Weld County Road 49 Improvement Project,whichever is earlier.
8. Owner shall not, during the term of the Temporary Construction Easement, erect or
construct, or allow to be erected or constructed, any building or other structures on the
property described in Exhibit "B" which may interfere with County's full enjoyment of
the rights hereunder; the Temporary Construction Easement includes all rights and
• privileges as are necessary or incidental to County's reasonable and proper use of said
easement.
9. Owner shall retain the mineral estate under the Public Road Right-of-Way and the
Temporary Construction Easement, and shall also retain any water rights currently
attached to or associated with the Public Right-of-Way and Temporary Construction
Easement.
10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-of-Way
to County at the date of closing which shall be no later than thirty (30) days following the
County's execution of this Agreement.
11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the
Temporary Construction Easement which is required to be paid, including, but not
limited to, a prorated amount of the property taxes, and any past due property taxes, (and
interest and penalties thereon), on or before the date of closing when Owner delivers the
Warranty Deed to County. Owner is solely responsible for the payment of any amounts
owed to a third party holding a security or other ownership interest in the Public Road
Right-of-Way and Temporary Construction Easement.
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IIIkir rilgui �a'I � INII11 III
•
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 Five Thousand, Seven Hundred Sixty Seven and 00/100 Dollars
($5,767.00)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 Four Thousand,Four Hundred Thirty Six and 00/100 Dollars
($4,436.00) for the Public Road Right-of-Way and the Temporary Construction Easement
by County warrant(s) at the date of closing.
4. County, as a condition of the granting of Temporary Construction Easement covenants
and agrees to restore the property described in Exhibit"B"to a level comparable to its
original condition.
5. Prior to construction commencing on the Project and right of way described herein, the
County shall construct a temporary fence line along the outside boundary of the
temporary construction easement. At the conclusion of construction, the County will
install a new permanent right of way fence along the boundary of the new right of way
being acquired hereunder. The owner shall be responsible for subsequent maintenance on
the permanent right of way fence, after it has been installed.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary
Construction Easement made pursuant to the terms herein, shall be binding upon, all and
inure to the benefit of and be enforceable by the parties and their heirs, executors,
administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
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
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Carly Koppel, Clerk and Recorder Weld County, CO
5 111
r
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
■III MA Yr�+I 'If� 'k� 14�J�14til�t�N a+� k� i�,��, Bill
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNERS: Patricia A. Grisham and Terry L. Grisham
By: / c ,-, z,/ .x , :-�:fz--, ,,,272,-, ,,2-2 Title: :' '/&.-- 7
By: �1. i ;:.V C;1 r7! ,/,i e-;_. i- Title: t""i-,<- �`K
ATTEST: dam / G: •4,k BOARD OF COUNTY COMMISSIONERS
Weld s my Clerk to the Board WELD`COUNTY, COLORADO BY: LLS1. - �� 1_ —_
.L.I/ O
Deputy C! rk to the B�� Mike Freeman, Pro-Tem
", OCT 1 4 2015
I
APPROVED AS O U =l I p:> ' PPROVED AS TO BSTANCE:
-gaKita-/ M�Ts�. trrii�'
Controller 1i .! t r Elec e
Icial or Department Head
)
APPROVED AS TO FORM: A,
PS Director of Gene al Services
County Attorney
Page 5of5
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Carly Kopp'es, Clerk Iand Recorder Weld ;oun ion
VIII l iricIniiih�,l ilfikki,!i4��l ' nisi l' ''.ii��,�111111
EXHI BI i-A
48-GRISHAM-ROW
PARCEL DESCRIPTION
A parcel of land. being part of I rt 13, Milton Lake Estates First Filing recorded .July O 1970 ns oe_ept
No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SE I /4) of Section Twelve (12), township Three North (T.3N.), Range Sixty-five West (R.65W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado and beiny more particularly described as
follows:
COMMENCING at the East Quarter corner of suid Secticn 12 and assuming the East line of suid SE1/4 as
bearing South 00'21'02 East being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained
herein relative thereto;
THENCE South 89'34'29 West along the North line of said SE1/4 a distance of 100.20 feet;
THENCE South 00'25'31 East along a line perpendicular to the aforesaid course a distance of 15.00 feet to
the most Northerly Northeast corner of said Lot 13 and to the POINT OF BEGINNING;
Thence along the Northeasterly, East and South lines of said Lot 13 the following three courses:
THENCE South 45'26'31 East a distance of 70.86 feet;
THENCE South 00'21'02 East a distance of 601.71 feet;
THENCE South 89'33'47 West o distance of 20.00 feet to a line parallel with and 20.00 feet Westerly of, as
measured at a right angle, the East line of said Lot 13;
THENCE North 00'21'02 West along said parallel line a distance of 536.67 feet;
THENCE North 45'20'02 West a distance of 99.02 feet to a line parallel with and 90.00 feet Westerly of, as
measured at a right angle, said East line;
THENCE North 00'21'02 West along said parallel line a distance of 45.00 feet to the North line of said Lot
13;
THENCE North 89'34'29 East along said North line a distance of 39.82 feet to the POINT OF BEGINNING;
Said described parcel of land contains 17,384 Square Feet or 0.399 Acres, more or less (+), and may be
subject to any rights—of—way or other easements of record or as now existing on said described parcel of
land.
*Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the
existing aliquot corners. Some dimensions may vary from the recorded subdivision plat.
Steven Parks — On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
RIGHT OF WAYWELD COUNTY DEPARTMENT
AC(�LlIS1TION 01 PUBLIC WORKS
WCR 4v CORRIDOR PRUJEC I
�I BETWEEN WCR(s)34& 36
GRISI
hINC Sl•R\l-li)I6 PROJECT NO. SRP-26 SCALE N'rA
\1 LIZ 19
\111 I')C'ril'N .,., ,... . ._ ""l 1
� DATE S-U-I S DRAMs; DY CDI S`lEtT I or?.
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Recorder County. CO
■III !�1R�F9N �,«r�,E �« i 116;1I6110ra is
EXHIBIT-A•
1
OGG& S LLC, & L2 POINT OF
THE STROH FAMILY TRUST I BEGINNING E 1/4 CORNER
Sec. 12, T.3N., R.65W.
L7 FOUND #6 REBAR WITH
ci5
• L1 —3.25" ALUMINUM CAP
KisCO STAMPED LS 34995, 2008
- - - - - - .0 j IN MONUMENT BOX
60' EXISTING RIGHT OF WAY °i• O POINT OF COMMENCEMENT
(REC. NO 646011) <5' d-CD Z
15' EXISTING RIGHT-OF-WAY N w
-MILTON LAKE ESTATES 1•01:13
(REC. NO 1550903) O 0
to
N N
il
ADDITIONAL RIGHT—OF—WAY o m
17,384s.f.± OR 0.399ac.±-----• 8 S
NonCF
50' EXISTING RIGHT—OF—WAY I
MILTON LAKE ESTATES FIRST FILING- -� According to Colorado low you must
(REC. NO. 1550903) ALVIN commence any legal action based upon
any defect in this survey within three years
DECHANT Jr. after you first discover such defect. In no
PATRICIA A. & TERRY r - 0event may any action based upon any
(CI I &DAVID ALAN defect in this survey be commenced more
L. GRISHAM eo . DECHANT thon ten years from the dote of the
17 5 certification shown hereon. (13-80-105
PARC.#121312401007 ' (° C.R.S. 2012)
RECP.#2346777 3 w l SW 1/4
N N S7-73N-R64W LOT 13 MILTON LAKE ESTATES o p NOTE: This exhibit drawing is not Intended
to be a monumentalized land survey. It's
N N sole purpose Is as a graphic representation
SE 1/4 o o to aid In the visualization of the written
S12-T3N-R65W R65W O o property description which It accompanies.
Z The written property description supersedes
the exhibit drawing.
10' DRAINAGE &
U1ILITY EASEMENT
(REC. NO. 1550903)1
f L4 I LINE TABLE
I I I IAir- I r-ArfII Ir' I I r-kinTI .
ELLA LEE& . I LII'L 'r3LPMIINI , LC-INC-7111
LONNIE R. FORD I L1 S89'34'29"W 100.20'
LOT 14 MILTON LAKE
ESTATES I I L2 S00'25'31"E 15.00'
L3 S45'26'31"E 70.86'
SE CORNER L4 S89'33'47"W 20.00'
Sec. 12, T.3N., R.65W.
FOUND #6 REBAR WITH L5 N45'20'02"W 99.02'
3.25" ALUMINUM CAP •
STAMPED LS 10855, 1998 L6 NO0'21'02"W 45.00'
IN MONUMENT BOX L7 N89'34'29"E 39.82'
RIGHT OF WAY .A. WELD COUNTY DEPARTMENT
ACQUISITION 21 Pvr OF PUBLIC WORKS
RW 4� \� b.11, WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)34&36
GRISHAM
DING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=150'
WCR 49 650 F.Garden Drive 1Windsor.Colorado 80650
""1=i"f iC K'"gs"r :,o"" DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of2
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Carly Koppes. Clerk and Recorder.. Weld County, CO
VIII k!r1R'IaNii1Jnii 1Ii' 11114KIWIlirJih'I1lI '1'i1 BIM
EX1 I I BIT-B
48-GRISHAM-TCE
PARCEL DESCRIPTION
A 20.00 foot wide strip of land, being a part of Lot 13, Milton Lake Estates, First Filing recorded July 8, 1970
cc Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast
Quarter (SEI/4) of Section Iwelve (12), Township Three North (T.3N.). Range Sixty—Five West (R.65W.) of the
Pru,uipui Mier;.;„,. (6'th M.), County of Weld, State of toioraao and berna more particularly described as
follows:
COMMENCING at the East Quarter corner of said Section 12 and assuming the East line of said SE1/4 as
hearing South 90'21'02 East being a Grid Beat iuy of tire, Colo'udo acute Plane Coordinate System, worth
Zone, North American Datum 1983/2007. a distance of 2641 96 feet and with all other bearings contained
herein relative thereto;
THENCE South 89'34'29 West along the North line of said SE1/4 a distance of 140.02 feet;
THENCE South 00'25'31 East along a line perpendicular to the aforesaid course a distance of 15.00 feet to
the North line of said Lot 13 and to the POINT OF BEGINNING;
THENCE South 00'21'02 East along a line parallel with and 90.00 feet Westerly of, as measured at a right
angle to, the East line of said Lot 13 a distance of 45.00 feet to a line parallel with and 45.00 feet
Southeasterly of, as measured at a right angle to, the Northeasterly line of said Lot 13;
THENCE South 45'20'02 East along said parallel line a distance of 99.02 feet to a line parallel with and
20.00 feet Westerly of, as measured at a right angle to, said East line;
THENCE South 00'21'02 East along said parallel line a distance of 536.67 feet to the South line of said Lot
13;
THENCE South 89'33'47 West along said South line a distance of 20.00 feet to a line parallel with and 40.00
feet Westerly of, as measured at a right angle to, said East line;
THENCE North 00'21'02 West along said parallel line a distance of 528.42 feet to a line parallel with and
65.00 feet Southeasterly of, as measured at a right angle, said Northeasterly line;
THENCE North 45'20'02 West along said parallel line a distance of 99.02 feet to a line parallel with and
110.00 feet Westerly of, as measured at a right angle to, said East line;
THENCE North 00'21'02 West along said parallel line a distance of 53.25 feet to the North line of said Lot
13;
THENCE North 89'34'29 East along said North line a distance of 20.00 feet and to the POINT OF BEGINNING;
Said described parcel of land contains 13,614 Square Feet or 0.313 Acres, more or less (±), and may be
subject to any rights—of—way or other easements of record or as now existing on said described parcel of
land.
*Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing
aliquot corners. Same dimensions may vary from the recorded subdivision plot.
Steven Parks — On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION
ION OF PUBLIC WORKS
Lt 'J WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)34& 36
GRISI LAM
\,1(12 49 IKl\r; Si it 1.1 RS PROJECT NO: SRP-26 SCALE: N/A
DATE' 5-I DRG'/N E'r CDI, SHEET I of
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Carly Koppes. Clerk and Recorder.. Weld County. CO
■III t�!�1Q�Y}K,JAKI I�t��.ii�:i Rti�E'I'r4N�'4�E'�l.M fLY����l 111111
I
PVT-TM VT 1
I I
OGG& S LLC,&
THE STROH FAMILY TRUST L2 D
POINT OF E 1/4 CORNER
BEGINNING Sec. 12, T.3N., R.65W.
L8-\ I I FOUND #6 REBAR WITH
I L1
- - -\ 3.25" ALUMINUM CAP
I STAMPED LS 34995, 2008
•lc 1' IN MONUMENT BOX
L60' EXISTING RIGHT OF WAY �A °'• (..D POINT OF COMMENCEMENT
(REC. NO 646011)
15' EXISTING RIGHT-OF-WAY Cs `-4 w
—MILTON LAKE ESTATES • °2
w
(REC. NO 1550903) nl
o
I4
20' TEMPORARY EASEMENT N rii13,614s.f.± OR 0.313ac.± • 0
I i
NOTICE
50' EXISTING RIGHT-OF-WAY i
MILTON LAKE ESTATES FIRST FILING I I According to Colorado law you must
(REC. NO. 1550903) I :� ALVIN commence any legal action based upon
any defect In this survey within three years
I DECHANT Jr. after you first discover such defect. In no
PATRICIA A. & TERRY N i, event may any action based upon any
u7 I & DAVID ALAN defect In this survey be commenced more
L. GRISHAM ° 6 DECHANT than ten years from the date of the
CNI r) I certification shown hereon. (13-80-105
PARC.#121312401007 in `r' i C.R.S. 2012)
RECP.#2346777 3 w I IN0TE: This exhibit drawing SW u4
S7-T3N-R64W is not Intended
LOT 13 MILTON LAKE ESTATES o IN IC
g
to be a monumentalized land survey. It's
;V CV I sole purpose is as a graphic representation
SE 1/4 0 0 to old in the visualization of the written
S12-T3N-R65W
R65W 0 I property description which it accompanies.
The written property description supersedes
I the exhibit drawing.
10' DRAINAGE & .
UTILITY EASEMENT I
(REC. NO. 1550903)1
It LINE TABLE
L5
rT LA LEE a2.. I _ I LINE I BEARING I LENGTH
LONNIE R. FORD I Lt S8934'29"W 140.02'
LOT 14 MILTON LAKE
ESTATESji I L2 S00'25'31
"E 15.00'
L3 SOO'21'02"E 45.00'
SE CORNER L4 S45'20'02"E 99.02'
Sec. 12, T.3N., R.65W.
FOUND #6 REBAR WITH L5 S89'33'47"W 20.00'
3.25" ALUMINUM CAP
STAMPED LS 10855, 1998 L6 N45'20'02"W 99.02'
IN MONUMENT BOX
L7 NO0'21'02"W 53.25'
L8 N89'34'29"E 20.00'
TEMPORARY EASEMENT 40V- WELD COUNTY DEPARTMENT
ACQUISITION 4� e o° OF PUBLIC WORKS
Teas \1 6-TEMPORARY
. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)34&36
GRISHAM
KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=150'
WCR 49 650 F.Orden Dove I l\',ndsor,Colorado 80530
WELD COUNTY.COLORADO — ,... , r,,,,;L;,,f" ;nos"^r,or,.r"n, DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2
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Carly Koppes: Clerk and Recorder. Weld County: CO
VIII W!l1Rl1 Paiiii IM:l Ohilillaili:Vilihr k it iiiii, 5 III
1861 MEMORANDUM
1� art 04.)'/f , , TO: Clerk to the Board DATE: 12/11/2015
G_OuNTY -'
T FROM: Leon Sievers/Tiffane Johnson �'v E
k F Public Works Department
artment
p
SUBJECT: Consent Agenda Item O C 8 2015
•�ve�u CoUNTY
ONERs
COMN�
iSS
RE: 2015-3285
Warranty Deed with Terry L. and Patricia A. Grisham on the WCR 49 road improvement project.
M:\Francie\AGENDA memos'Agenda-Leon-1.doc
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•
WARRANTY DEED
THIS DEED made this 02,3�P / Terry day ofACI.-4-1-1A-, 20 � , between L.
Grisham and Patricia A. Grisham of the County of Weld, State of Colorado, Grantor, and
County of Weld, a body corporate and politic of the State of Colorado whose legal
address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of
Colorado, Grantees:
WITNESS, that the grantor, for the sum of One Dollar, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, their heirs and assigns forever, all the real property
together with improvements, if any, situate, lying and being in the County of Weld and
State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A"
Also known as: 23900 Weld County Road 34'/2, 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII PAH III o20 45--
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
--7:: :.---2.--, _--7,7, , ,--: _,-&(-- ---; ' er-i--,----Z--- .-
Terry L. Grisham, Owner atricia A. Grisham, Owner
State of co(O1,AO u )
)Ss.
County of w (..,p )
The foregoing instrument was acknowledged before me this 1 ?1\- day of Q-Premb.6- ,
20 6, by Terry L. Grisham and Patricia A. Grisham, Owners.
LEON W.SIEVERS Witness my hand and official seal.
STATE NOTARY
COLORADO
NOTARY fD 2001 ��pp
MY COIiNiSSIOM EXPIRE8�,1017 . /L..e_tom -L4
Notary Public
My commission expires: op_Os- 11
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Carly Koppes, Clerk and Recorder, Weld County, CO
■it FAMILillriNliiKilii5 INKIII,Mlilyi BIM
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 3R5)day of AC '`), 2015.
ATTEST: ddrAdA) ' 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
411 • iow,,
Deputy1 to the Board° "'�.,��,� ara Kirkmeyer Chair
i 61 #444:‘ "8.411 BOARD OF COUNTY
DEC 2 3 2015
� COMMISSIONER
%.. p y wv, / OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this c2-O gel) day of
, 2015 by Barbara Kirkmeyer, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Publi
My commission expires: /o2.7q/ /S7 CHI NO LYNN HOFFM AN
TARY p BLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC, 19, 2018
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Carly Koppes, Clerk and Recorder, Weld County, CO /�� 3,2-J".
����N U NN„�11�I�Ia ii�� lIA MVINF AKII L BIM I oz o
EXHIBIT-A
48-GRISHAM—ROW
PARCEL DESCRIPTION
A parcel of land, being part of Lot 13, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception
No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty—Five West (R.65W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as
follows:
COMMENCING at the East Quarter corner of said Section 12 and assuming the East line of said SE1/4 as
bearing South 00'21'02- East being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained
herein relative thereto;
THENCE South 89'34'29" West along the North line of said SE1/4 a distance of 100.20 feet;
THENCE South 00'25'31" East along a line perpendicular to the aforesaid course a distance of 15.00 feet to
the most Northerly Northeast corner of said Lot 13 and to the POINT OF BEGINNING;
Thence along the Northeasterly, East and South lines of said Lot 13 the following three courses:
THENCE South 45'26'31" East a distance of 70.86 feet;
THENCE South 00'21'02" East a distance of 601.71 feet;
THENCE South 89'33'47" West a distance of 20.00 feet to a line parallel with and 20.00 feet Westerly of, as
measured at a right angle, the East line of said Lot 13;
THENCE North 00'21'02" West along said parallel line a distance of 536.67 feet;
THENCE North 45'20'02" West a distance of 99.02 feet to a line parallel with and 90.00 feet Westerly of, as
measured at a right angle, said East line;
THENCE North 00'21'02" West along said parallel line a distance of 45.00 feet to the North line of said Lot
13;
THENCE North 89'34'29" East along said North line a distance of 39.82 feet to the POINT OF BEGINNING;
Said described parcel of land contains 17,384 Square Feet or 0.399 Acres, more or less (±), and may be
subject to any rights—of—way or other easements of record or as now existing on said described parcel of
land.
*Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the
existing aliquot corners. Some dimensions may vary from the recorded subdivision plat.
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Carly Koppel, Clerk and Recorder, Weld Count $0'00
V ��'1�1 �III � I r, co
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5-
Steven Parks — On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
RIGHT OF WAY .A., WELD COUNTY DEPARTMENT
4
ACQUISITION � Pir OF PUBLIC WORKS
N'
Rw-as ►� WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)34&36
GRISHAM
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE. N/A
6511F (,rdu,Uncc 11C Indanr,Colorado 803io
WELD COUNTY,COLORADO phone:097,068('-"I c"ail:,nt>ri�l:ingS ry r,r•.ron, DATE: 5-13-15 DRAWN BY CDL SHEET: I of2
EXHIBIT-A I
I I
OGG& S LLC, & .
L2 POINT OF
THE STROH FAMILY TRUST r,[ BEGINNINGSec.E Se1/c.
CORNER
12,
12, T.3N., R.65W.
L7 L11 4.,..N_
FOUND #6 REBAR WITH
—3
.25" ALUMINUM CAP
`--10 �0 STAMPED LS 34995, 2008
— — — — —— co f j IN MONUMENT BOX
60' EXISTING RIGHT OF WAY °). (-) POINT OF COMMENCEMENT
(REC. NO 646011) is `t- -
15' EXISTING RIGHT-OF-WAY N w
-MILTON LAKE ESTATES W co
(REC. NO 1550903) IN 0 0
U,
N N
ADDITIONAL RIGHT—OF—WAY o <
17,384s.f.± OR 0.399ac.± - fn s
1 NoncF
50' EXISTING RIGHT-OF-WAY
ON
MILTON LAKE ESTATES FIRST FILING -Itt According to Colorado low you must
(REC. NO. 1550903) k ALVIN commence any legal action based upon
any defect in this survey within three years
DECHANT Jr. after you first discover such defect. In no
PATRICIA A. & TERRY t- event may any action based upon any
CD 1 & DAVID ALAN defect in this survey be commenced more
L. GRISHAM M F.
DECHANT than ten years from the date of the
p certification shown hereon. (13-80-105
PARC.#121312401007 "' C.R.S. 2012)
RECP.#2346777
3 W SW 1/4
LOT 13 MILTON LAKE ESTATES N p S7-T3N-R64W NOTE: This exhibit drawing is not Intended
oto be a monumentalized land survey. It's
N N sole purpose is as a graphic representation
SE 1/4 O O to aid In the visualization of the written
S12-T3N-R65W Z I property description which it accompanies.
The written property description supersedes
the exhibit drawing.
10' DRAINAGE &
UTILITY EASEMENT
(REC. Na 1550903)1
LINE TABLE
L4 • LII L. I moEARiP'G LLivGTn
ELLA LEE& I
MI LONNIE R.FORD L1 S89'34'29"W 100.20'
LOT 14 MILTON LAKE
AM ESTATES I L2 SOO*25'31"E 15.00'
G -
.0
L3 545'26'31"E 70.86'
�U
. jr
7' SE CORNER L4 S89'33'47"W 20.00'
Sec. 12, T.3N., R.65W.
o0 FOUND #6 REBAR WITH L5 N45'20'02"W 99.02'
a 3.25" ALUMINUM CAP
m3 STAMPED LS 10855, 1998 L6 NO0'21'02"W 45.00'
•m IN MONUMENT BOX
to ••L L7 N89'34'29"E 39.82'
« a�4 '
o�o '
U
in�on,
wo.`- WELD COUNTY DEPARTMENT
da�o�
d PT M RIGHT OF WAY 4a Po" OF PUBLIC WORKS
N ACQUISITION ® ,: WCR 49 CORRIDOR PROJECT
•
In;,w \ BETWEEN WCR(s)34&36
a d GRISHAM
a Y—~ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150'
01 M T 650 E.Garden Dove I Windsor,Colorado 80550
10....7!=
N = WELD COUNTY,COLORADO phone:(970)686-5011 I email:info@K ingSurreyorc.com DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2
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