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Home My WebLink About20153995.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF WARRANTY DEED FOR COUNTY ROAD 49 IMPROVEMENT AND AUTHORIZE CHAIR TO SIGN - HEARTLAND BIOGAS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Acceptance of Warranty Deed for County Road 49 Improvement 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 Heartland Biogas, LLC, 15445 Innovation Drive, San Diego, California 92128, 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 Acceptance of Warranty Deed for County Road 49 Improvement 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 Heartland Biogas, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said acceptance of deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: -^41 tA+N 'e4 -«- arbara Kirkmey r, Chair Weld County Clerk to the Board fi \e Freeman, Pro-Tem D uty Clerk to the Board . Conway • APPR• a. AS % -M: �i �� ll 'e Cozad ty��ey Steve Moreno Date of signature: 1/1V/ £o (►�% �jc�((1, /1 101., Ze ) 2015-3995 EG0072 18�1G . MEMORANDUM 1 , TrWr 1 „f j TO: Clerk to the Board DATE: 12/11/2015 .couN FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Acceptance of Warranty Deed with Heartland Biogas, LLC pertaining to the WCR 49 road improvement. RECEIVED DEC 14 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memosWgenda-Leon-1.doc 2015-3995 EGOO7.2- WARRANTY DEED THIS DEED made this Sixth day of August, 2015, between, Heartland Biogas, LLC, a Delaware limited liability company whose address is 15445 Innovation Drive, San Diego, CA 92128 ("Grantor"), and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantee"), WITNESS, that the Grantor, for the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A" Also known as 19179 Weld County Road 49, 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 Grantee, 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 Grantee, 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 Grantee, 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. 4169078 Pages: 1 of 6 12/29/2015 02:29 PM R Fee:$0.00$0.00 D Fee:$0.00$0.00 26/5. '99‘ Carly Koppes, Clerk and Recorder, Weld County, CO O`' VIII PEW«lid II III IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. HEARTLAND BIOGAS, LLC By: peA-67 Ralph Daley, Vice President State of VI l t( ( '-') )ss. County of P t ) The foregoing instlument was acknowledged before me this O4'day of alAyAft, 2015,by 1'C Q-(J,t 4.4e--(1 Witness my hand and official seal. otary Public My commission expires: 3/31/2O1$ taf t �9yA�.''!s k Vi46 *te„,40Fv00144 ��mimn 4169078 Pages: 2 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII FINIPAIDIL WINVI,OU i.IIK a�hP IhGI�I�Fib 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 ( 7// sf day of Ajle,i i,u,c. 2015. ATTEST, U.�a ek) W -A 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 B ` BY: 4ic.� uty Clerk to the Board arbara Kirkmeye , Chair DEC 2 1 2015 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) sf The fore oing instrument was acknowledged before me this day of ,r ,2015 by Barbara Kirkmeyer, BOARD OF COUNTY MISSIONERS OF THE COUNTY OF WELD. M . Witness my hand and official seal. • Notary Publ. My commission expires: CHERYL LYNN HOFFMAN / h j1 i c0/p NOTARY PUBLIC O� / / O STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4169078 Pages: 3 of 6 12/29/2015 02:29 PM R Fee:$0.00$0.00 D Fee:$0.00 $0.00 oppes, Clerk and Recorder, Weld Cnty, Co irliiiKrallialAiiriiiii:Aightliiiikiiiviiii ��/5 �996- 1i ii i EXHIBIT-A SE 1/4 S25-T4N-Rb5W PROPERTY DESCRIPTION RIGHT OF WAY #1 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF NAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 25 BEARS NORTH 0015'29" WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG NE SOUTH LINE OF SAID SECTION 25 SOUTH 89'26'30" WEST TO THE WESTERLY RIGHT-OF-WAY LINE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 379028 A DISTANCE OF 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 0015'29" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 40 A DISTANCE OF 30.00 FEET; THENCE CONTINUING NORTH ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 NORTH 0015'29" WEST A DISTANCE OF 205.05 FEET TO THE POINT OF BEGINNING, THENCE DEPARTING SAID RIGHT-OF-WAY NORTHWESTERLY 740.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID ARC HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 02'42'50" AND A CHORD BEARING OF NORTH 01'36'54" WEST A DISTANCE OF 740.27 FEET; THENCE NORTH 02'58'19" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 100.96 FEET; THENCE NORTHERLY ALONG SAID CURVE 332.12 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO; 2419044 SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 0112'24" AND A CHORD BEARING OF NORTH 02'22'07" WEST A DISTANCE OF 332.11 FEET; THENCE ALONG SAID LINE NORTH 89'28'54" EAST TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 34.54 FEET; THENCE SOUTH 0015'29" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 1172.95 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 15,961.41 sf. OR 0.37 ae. MORE OR LESS. NE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT RIGHT OF WAY 1861 ACQUISITION Rw.�7 - OF PUBLIC WORKS ti r ! ILA WCR 49 CORRIDOR.PROJECT BETWEEN WCR 40&42 HEARTLAND BIOGAS LLC Lr r IF PROJECT N0: SRP 26 SCALE WELD COUNTY,COLORADO 2-C O LIEN T Y DATE: 4-20-15 !DRAWN BY:DRHfSHEET: 1 of 3 4169078 Pages: 4 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIIIIPARLE4710.1110.410 NUM Aid till EXHIBIT-A SE 1/4 S25-14N-R65W PROPERTY DESCRIPTION RIGHT OF WAY 42 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 25 BEARS NORTH 00'15'29" WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG THE SOUTH UNE OF SAID SECTION 25 SOUTH 89'26'30" WEST TO THE WESTERLY RIGHT-OF-WAY UNE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION Na 379028 A DISTANCE OF 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 0015'29" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 40 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89'26'30" WEST A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 44'35`31" EAST TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 99.25 FEET; THENCE SOUTH 0015'29" EAST ALONG SAID RIGHT—OF—WAY A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,449.97 sf. OR 0.06 sc. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 40, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30.00 FEET OF' THE SOUTHERLY 1408.00 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25; AND THE SOUTHERLY 30.00 FEET OF THE EASTERLY 70.00 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25. SAID PARCELS CONTAIN 1.02 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY WELD COUNTY DEPARTMENT 61 OF PUBLIC WORKS ACQUISITION 1@-7 WCR 44 CORRIDOR PROJECT BETWEEN WCR 40&42 HEARTLAND BIOGAS LLC PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO ,COUNTY . DATE: 4-20-15 DRAWN BY:DRHj SHEET: 2 of 3 4169078 Pages: 5 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I rjEML k1G .4fir>�'4�:i IVINGINrItMI 11111 i EXHIBIT-A SE 1/4 S25-T4N-R65W L5 EXISTING 3O' R.O.W. '--- RECD 379O28 SHELTON LAND& 1d L=332.12' MAY 13, 1918 RD100/685 CA`I"'I LE LTD R=15770.00' If X01'12'24" _,, 7 CB=NO2'22'07"W C=332.11' IN' RIGHT—OF—WAY ACQUIRED—#1 7in 15,961.41 sf. OR 0.37 ac.± Ni BROSNAIIAN n ji LINE TABLE L4 -� LINE BEARING DISTANCE N Li S89'26'30"W 30.00' r L2 N00'15'29"W 30.00' O L3 •NOO'15'29"W 205.05' En L4 NO2-58'19"10/ 100.96' L5 N89'28'54"E 34.54' 10 L6 $89'26`30"W 70.00' I'1 L7 N44'35'31"E 99.25' FO I PL PL L8 500'15'29"E 70.00' cv HEARTLAND BIOGAS, LLC. N PARCEL# 1055.25-4-00-011 r RECP.#3957241 ( a z SE I.xt L740.33' 525 TAB=R6Sl1` R-15630.00' x=02'42'50" S?. BROSNAHAN CB=N01"36'54"W V� C=74O.27' NOTE: THIS EXHIBIT MAP DOES NOT i REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE S5 ATTACHED PROPERTY DESCRIPTION ONLY. P.O.B.—#1 L3 RIGHT—OF—WAY ACQUIRED—#2 L7 2,449.97 sf. OR 0.06 ac.± .-LE P.O.B.—#2 589'26.'3(1"w 2615 27' — — — L2 ,j Li--/ We 0 P.O.C. SE CORNER S25-T4N-R65W RIGHT OF WAY I,t� �� WELD COUNTY DEPARTMENT 6i • OF PUBLIC WORKS ACQUISITION RW_7 F WCR 49 CORRIDOR PROJECT �• I BETWEEN WCR 40&42 HEARTLAND BIOGAS LLC f�', , di r r PROJECT NO SRP-26 SCALE:1"=200' WELL)COUNTY,COLORADO 'a C O UNr-- j DATE: 4-20-15 DRAWN BY:DREI SHEET: 3 of 3 4169078 Pages: 6 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII EIFJPVIIIIIVIE WIiti'I'II ILL IIIMICAR+i I lefLli 41I II Hello