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Home My WebLink About20153515.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 - ROBERT MIKES AND RONALD MIKES 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 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 Robert Mikes and Ronald Mikes, 14987 County Road 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 Robert Mikes and Ronald Mikes, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2015-3515 RLJ /F] 'Yip__ EG0072 r RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - ROBERT MIKES AND RONALD MIKES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTS W Je14,4 Barbara Kirkmey , Chair Weld County Clerk to the Board in___=,_tfiit.L.ez,__..., Mike Freeman, Pro-Tem D ty Clerk t• the Boar 1E,1E,L ;Sean P. Con, ay APPROVED AS TO FOR 361 ' kV� �! -P ocsef — , lie A. Cozad County Attorney � 1 i I �.... Steve Moreno Date of signature: (l1 9 2015-3515 EG0072 1861 MEMORANDUM TO: Clerk to the Board DATE: October 23, 2015 1�J G_O_ _.N1-17-'-( 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 Robert H. and Ronald W. Mikes. RECEIVED OCT 262015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3515 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN ROBERT H. MIKES and RONALD W. MIKES and WELD COUNTY, COLORADO THIS AGREEMENT is made this /7 day of Slttrh14t j, 2015, by and between Robert H. Mikes and Ronald W. Mikes, whose address is 14987 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 Five Hundred Fifty Eight and 00/100 Dollars, ($558.00). 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 Twenty Five and 60/100 Dollars, ($525.60). The 4154184 Pages: 1 of 9 10/29/2015 01:17 PM R er .00 A"----O6-/5— Carly K.oppes Clerk and Recordorded. Weld C ourp COI ■IIIl�i�1�,417l�I��«ti�f��.M�II�IL��C��Eti�:�I�l�K��IY�I�� III I 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 22, 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 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. 4154184 Pages: 2 of 9 10/29/2015 01 :17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld LLCounty . CO W ` Page 2 of 5 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 Eight Thousand, Four Hundred Nine and 00/100 Dollars ($8,409.00) 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 22, 2015. If the agreement is not signed and returned on or before September 22, 2015, the County shall maintain its current offer of Fair Market Value of Eight Thousand, Eighty Four and 00/100 Dollars ($8,084.00) 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 4154184 Pages: 3 of 9 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO Page 3 of iii l��4�N��I+ ='�''it)W?J Li III II 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. 4154184 Pages: 4 of 9 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County, CO Page 4 of 5 ■III !��R��w��1�4 a��'1�'��M�ti��l��w��l��hh��X14, II III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Robert H. Mikes and Ronald W. Mikes By: R-Vt-rot /-1.7Yr.4-A) Title: O NI n ve By: Afj/2\i- �� Title: ,W h t ATTEST: BOARD OF COUNTY COMMISSIONERS Weld C nt Clerk to the oard WELD COUNTY COLORADO BY: Deputy C irk to the B arbara Kirkm er, Chai 0CT 2 8 2615 APPROVED AS TO FUtNoj APPROVED AS STANCE: �1� Controller ( ► Elected icial or Department Head APPROVED AS TO FORM: — N114 — Director of General Services County Attorney �+ Page 5of5 Pages: 5 of 0 00 4154184 17 PM R Fee•$ Weld County: CO 0/29/2015 0lAd1.17 and ReWWI co eeLrl, I ■ _ PPe�, 1�1 f ��■I��I 1��11��11� 111C.2Okv . 3�/a EXHIBIT-A 31-MIKES—ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of Section Twenty—four (24), 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 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 34" diameter aluminum at the South end and by a #6 rebar with a 2 34' diameter aluminum cap stamped `Greenhorne & O'Mara- (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53` West along the South line of the Northeast Quarter (NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Cook 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24; THENCE North 00'23'13" West along said West Right—of—way line a distance of 1994.34 feet to the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24, said point being the POINT OF BEGINNING; THENCE South 89'31'08" West along the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24 a distance of 16.64 feet; THENCE North 01'58'24" East a distance of 82.96 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 552.10 feet to the South Right—of—way line of Weld County Road No. 32 established by that accepted Road Viewer's Report recorded May 3, 1886 In Book 48 at Page 139 of the records of the Weld County Clerk and Recorder, said South Right—of—way line being Thirty (30) feet, as measured at a right angle, South of and parallel with the North line of the Northeast Quarter (NE1/4) of said Section 24, said curve having a radius of 15630.00 feet, a central angle of 02.01'26" and a long chord bearing North 00'57'41- East a distance of 552.07 feet; THENCE North 89'25'13" East along said South Right—of—way line a distance of 0.23 feet to said West Right—of—way line; THENCE South 00'23'13" East along said West Right—of—way line a distance of 634.78 feet to the POINT OF BEGINNING. Said parcel of land contains 4,052 sq. ft. or 0.093 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24. Said existing Right—of—way contains 26,592 sq. ft. or 0.610 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. O LI F •O V• :P 38"106 v o .°A/AL L ADO Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION44 PO OF PUBLIC WORKS 4$Fr OF PUBLIC WORKS Rw 31 �,\r► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 MIKES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 65) WFI.17 COI INTV rYl!rlR A rnnG.Gard.Dncr Wind-4w,Colamdo FO?Sn "'"``"'-'`°"`>" "'"' DATE: 5-9-15 DRAWN BY: CDL SHEET: I of 2 4154184 Pages: 6 of 9 10/29/2015 01:17 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder.. Weld County CO 111!�!��R�7Ps�� II I EXHIBIT-A _ NE CORNER VirIL,J� L4 I sec. ''Jd T 3N. R65i"i. -- - - - - FOUND #6 REBAR WITH i 2.5" ALUMINUM CAP ILLEGIBLE I IN MONUMENT BOX I O,.-. NOTICE r3 to I pj C..) According to Colorado law you must to E2 commence any legal action based upon N Q any defect in this survey within three years 40' EXISTING RIGHT-OF-WAY Li TEN HAND TRUST& after you first discover such defect. In no 03 event may any action based upon any P (BOOK 1046 PAGE 7) u ALVIN DECIIANT Jr. & defect in this survey be commenced more '- p than ten years from the date of the SCOTT DECHANT certification shown hereon. (13-80-105 ROBERT H. MIKES & 11,:•?: '`i,-,--, C.R.S. 2012) RONALD W. MIKES _ i/'� f, 7:0o m NW 1/4 PARC.#121324000004 z i 519-T3N-R64W RECP.#2803902 ro W ON NOTE: This exhibit drawing is not intended NE 1/4 in to be a monumentalized land survey. It's sole purpose is as a graphic representation S2'1-T3N-R65W M P4 I to aid in the visualization of the written CJ N property description which it accompanies. O I The written property description supersedes the exhibit drawing. I I ADDITIONAL RIGHT—OF—WAY 4,052s.f.± OR 0.093ac.± POINT OF BEGINNING -J I LINE TABLE L2 LINE BEARING LENGTH S: . I L1 S89'48'53"W 40.00' GABRIELA CAMPOS I NI: i RAMIREZ& PEDRO i rn I I L2 S89'31'08"W 16.64' SAUCEDO PEREZ L3 NO1'58'24"E 82.96' I L4 i NR9'25'13"F I 0.23' I N O Z i E 1/4 CORNER Sec. 24, T.3N., R.65W. CURVE TABLE FOUND #6 REBAR WITH 2.5" ALUMINUM CAP CURVE LENGTH RADIUS DELTA CHORD CH BEARING ILLEGIBLE IN MONUMENT BOX C1 552.10' 15630.00' 2'01'26" 552.07' NOO'57'41"E POINT OF COMMENCEMENT-- L1 RIGHT OF WAY .A., WELD COUNTY DEPARTMENT AC UISITION 46 �.r OF PUBLIC WORKS Q RW-31 ��\� ►�. WCR 49 CORRIDOR PROJECT \ BETWEEN WCR(s)30&32 MIKES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 631)G.Carden Dnve l Windsor,Colorado 80556 WELD COUNTY.COLORADO ;nF„n,h'nrs''n`Yr,r,r'", DATE: 5-9-15 DRAWN BY: CDL SHEET: 2 oft 4154184 Pages: 7 of 9 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes.. Clerk and Recorder I. Weld County: CO III!�!r1itiR9 kiiiiNiti 1411%11AI'III , till li'ar.liii l■'iY44, Ill II EXHIBIT-B 31-MIKES-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of Section Twenty—four (24), 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 24 and assuming the East line of the Northeast Quarter (NFI/4) of said Section 24, being monumentalized by n #6 rebar with an illegible 2 h diameter aluminum at the South end and by a #6 rebor with a 2 1,6 diameter aluminum cap stamped Greenhorne & O'Mara (year and LS# were illegible) nt the North end as hearing North (1(1'73'19 West being n Grid Rearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto- THENCE South 89'48'53 West along the South line of the Northeast Quarter (NE1/4) of said Section 24 a distance of 40.00 feet to the West Right-of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24; THENCE North 00'23'13 West along said West Right—of—way line a distance of 1994.34 feet to the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24, THENCE South 89'31'08 West along the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24 a distance of 16.64 feet, said point being the POINT OF BEGINNING; THENCE continuing South 89'31'08 West along the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24 a distance of 20.02 feet; THENCE North 01'58'24" East a distance of 83.82 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 551.20 feet to the South Right—of—way line of Weld County Road No. 32 established by that accepted Road Viewer's Report recorded May 3, 1886 in Book 48 at Page 139 of the records of the Weld County Clerk and Recorder, said South Right—of—way line being Thirty (30) feet, as measured at a right angle, South of and parallel with the North line of the Northeast Quarter (NE1/4) of said Section 24, said curve having a radius of 15610.00 feet, a central angle of 02'01'23" and a long chord bearing North 00'57'43" East a distance of 551.18 feet; THENCE North 89'25'13" East along said South Right—of—way line 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 West a distance of 552.10 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 02'01'26" and a long chord bearing South 00'57'41 West a distance of 552.07 feet; THENCE South 01'58'24- West a distance of 82.96 feet to the POINT OF BEGINNING. Said strip of land contains 12,701 sq. ft. or 0.292 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. r1 P I l).1 •it. �I fir; Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT A. WELD COUNTY DEPARTMENT ACQUISITION 46 fir OF PUBLIC WORKS ►�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30& 32 MIKES Itil\G Sl'R\I?,AORS PROJECT NO SRP-26 SCALE N/A 1V'CR !9 WELD COIFS!!Y.COI ORADO ��,i„�r„��,��,.�� ,,..,_: DATE 5-9-15 DRAWN BY CDL. SHEET. I of 2 4154184 Pages: 8 of 9 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO Ell II III FXHTRTT®R _ _ Ak,___ NE CORNER wit ze-rirn L5 ' ( .Ci2C 2A T ZAI P 65W T, .JIV., .VJ11. -- FOUND #6 REBAR WITH i• I 2.5" ALUMINUM CAP ILLEGIBLE • I IN MONUMENT BOX I rn NOTICE r 7 O cm Z According to Colorado law you must •In commence any legol action based upon NLL Q any defect in this survey within three years 40' EXISTING RIGHT-OF-WAY I-'-I TEN HAND TRUST& after you first discover such defect. In no CO event may any action based upon any (BOOK 1046 PAGE 7) u- ALVIN DECHANT Jr. & defect In this survey be commenced more N) o than ten years from the date of the SCOTT DECHANT certification shown hereon. (13-80-105 ROBERT H. MIKES & I to in C.R.S. 2012) I oQ RONALD W. MIKES o m NW 1/4 PARC.#121324000004 I Z l 519-T3N-R64W RECP.#2803902 NOTE: This exhibit drawing is not intended NE 1/4 I .41\t.I to be a monumentalized land survey. It's sole purpose is as a graphic representation S24 T3N R65W 5 N .0 I to aid In the visualization of the written U I property description which it accompanies. The written property description supersedes the exhibit drawing. • I 20' TEMPORARY EASEMENT 12,701s.f.± OR 0.292ac.± LINE TABLE LINE BEARING LENGTH POINT OF BEGINNING I L1 S89'48'53"W 40.00' L2 L3 IN L2 S89'31'08"W 16.64' I € GABRIELA CAMPOS 14 . I L3 S89'31'08"W 20.02' RAMIREZ& PEDRO ' cn SAUCEDO PEREZ L4 N01'58'24"E 83.82' . I L5 N89'25'13"E 20.00' IM . I I L6 SO1'58' 4"W o" 96' ,1-, I I " u 2 n I VA.. I O O Z E 1/4 CORNER Sec. 24, T.3N., R.65W. I CURVE TABLE FOUND #6 REBAR WITH • _ 2.5" ALUMINUM CAP I • CURVE LENGTH RADIUS DELTA CHORD CH BEARING ILLEGIBLE IN MONUMENT BOX__ C1 551.20' 15610.00' 2'01'23" 551.18' N00'57'43"E POINT OF COMMENCEMENT L1 C2 552.10' 15630.00' 2'01'26" 552.07' SO0'57'41"W TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION ia�4 OF PUBLIC WORKS Q TE-31 \� L'. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 MIKES KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' WCR 49 6,50 r Gardrnn Drye ' W i»d.o„•Colorado su,;n WELD C0ITNTY rni nRerin »in.a^_.IO»s»n r: »» DATE: 5-9-15 DRAWN BY: CDL SHEET: 2of2 4154184 Pages: 9 of 9 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes.IIClerk and Recorder. Weld County. CO 1111!!!li��KJlIieki«iEliiii Ni*lliiiµnHZ wi Ih'•'uiiluii 11111 161 MEMORANDUM TO: Clerk to the Board DATE: 12/2/2015 r RECEIVED FROM: Leon Sievers/Tiffane Johnson Public Works Department DEC 0 3 205 SUBJECT: Consent Agenda Item WELD COUNTY COMMISSIONERS RE: Doc # 2015-3515 Warranty Deed with Robert H.and Ronald W.Mikes pertaining to the WCR 49 road improvement. M:\Franci&AGENDA memos\Agenda-Leon-I.doc Pa)(ZS/r,)- ) �a_ �`_�� x64513515 �Otn, 1�-//8/, ' �" (�0`7�l 2 taci„ WARRANTY DEED /11'1 THIS DEED made this day of , 20/5', between Robert H. Mikes and Ronald W. Mikes 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" 1 County,known as: 14987 Weld County Road 49, LaSalle,Weld Co y, 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. 4164542 Pages: 1 of 5 12/10/2015 12:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO /�✓ ��i VIII M��16'��4�r��lrl'G'li+�'�F:�j�I J��L' �II 7�« Ft��Y� , BIM I ib IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Mim--71 yzi 2)--2,4,,_- /1-///71' ROBERT H. MIKES, Owner RONALD W. MIKES, Owner State of cy_p p v ) )ss. County of to t✓L 0 ) The foregoing instrument was acknowledged before me this /U"�'�� day of pcc-ert.L,e, 20 15, by Robert H. Mikes and Ronald W. Mikes, Owners. LEON W.SIEVERSNO Witness my hand and official seal. ISTATETOOFF OOO DY PUBLIC Mr N°oo s a a, 7 e-' u N tart'Public My commission expires: (A7,-6.b -17 4164542 Pages: 2 of 5 12/10/2015 12:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld Count, CO ■IIl1�, .,ur 'iil�+telktik ;'. 'VIViiiiC ligy i, II II 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 of466.6-a464.<2015. • ATTEST: • jC,lto'''`" 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: . ! 0 !.. .. . ..�_ =-O BY. D:• y Clerk tot e Boa rsk;i Chair) arbara Kirkmey r, DEC 0 7 2015 BOARD OF COUNTY COMMISSIONER }" OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1171 day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notar ubl My commission expires: /(209/c�d CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.43044 MY COMMISSION EXPIRES uLC. 19, 2018 4164542 Pages: 3 of 5 12/10/2015 12:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l�r�lSC�Wii1 4 11kliklina ftl ia', 4,4, III III /. 354," FXHTBTT-A 31-MIKES-ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of Section Twenty—four (24), 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 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 34" diameter aluminum at the South end and by a #6 rebar with a 2 )6" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of the Northeast Quarter (NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24; THENCE North 0023'13" West along said West Right—of—way line a distance of 1994.34 feet to the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24, said point being the POINT OF BEGINNING; THENCE South 89'31'08" West along the South line of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24 a distance of 16.64 feet; THENCE North 01'58'24" East a distance of 82.96 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 552.10 feet to the South Right—of—way line of Weld County Road No. 32 established by that accepted Road Viewer's Report recorded May 3, 1886 in Book 48 at Page 139 of the records of the Weld County Clerk and Recorder, said South Right—of—way line being Thirty (30) feet, as measured at a right angle, South of and parallel with the North line of the Northeast Quarter (NE1/4) of said Section 24, said curve having a radius of 15630.00 feet, a central angle of 02'01'26" and a long chord bearing North 00'57'41" East a distance of 552.07 feet; THENCE North 89'25'13" East along said South Right—of—way line a distance of 0.23 feet to said West Right—of—way line; THENCE South 00'23'13" East along said West Right—of—way line a distance of 634.78 feet to the POINT OF BEGINNING. Said parcel of land contains 4,052 sq. ft. or 0.093 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER Willi EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the North Half of the Northeast Quarter of the Northeast Quarter (N1/2 NE1/4 NE1/4) of said Section 24. Said existing Right—of—way contains 26,592 sq. ft. or 0.610 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. oN P V;� -IPa es'N • < t'a • 38106 y a • a • WCa3to m \` ONAL LAO(11 V4 o�o Michael Chad Dilka — On Behalf Of King Surveyors ° Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT o p ACQUISITION Ca Pio' OF PUBLIC WORKS Rw 31 \� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 am 64 MIKES o WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.G- v Garden Drive I �C'ind.or.Colorado 80550 phone:(970)686-5011 l email info ingSunveyocatom DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 of 2 I EX-MINT-A • NE CORNER — ITTrx yV L4 I Sec. 24, T.3N., R.65W. —— —— FOUND #6 REBAR WITH I 2.5" ALUMINUM CAP ILLEGIBLE I IN MONUMENT BOX I -O)"I NOTICE NI (/) O According to Colorado law you must commence any legal action based upon ESD Ea- any defect in this survey within three years N 40' EXISTING RIGHT-OF-WAY W TEN HAND TRUST& after you first discover such defect. In no 00 event may any action based upon any (BOOK 1046 PAGE 7) '' ii ALVIN DECHANT Jr. & defect in this survey be commenced more r O than ten years from the date of the SCOTT DECHANT certification shown hereon. (13-80-105 i ROBERT H. MIKES & C.R.S. 2012) RONALD W. MIKES O m NW 1/4 PARC.#121324000004 r Z I S19-T3N-R64W RECP.#2803902 to W 0\ NOTE: This exhibit drawing is not intended NE 1/4 in V to be a monumentalized land survey. It's S24 T3N P.65W sole purpose is as a graphic representation to aid in the visualization of the written p, t` I property description which it accompanies. O, � I The written property description supersedes O the exhibit drawing. ADDITIONAL RIGHT—OF—WAY 4,052s.f.± OR 0.093ac.± POINT OF BEGINNING J I LINE TABLE L2 LINE BEARING LENGTH 1.4 f . GABRIELA CAMPOS I . I L1 S89'48'53"W 40.00' RAIviIREZ&PEDRO i rn I L2 S89'31'08"W 16.64' SAUCEDO PEREZ 3 i L3 N01'58'24"E 82.96' NMI vNf,, i i "(m_-=',:-_:.71::-..a) I I L4 i N89'25'13"F I 0,93' N .'07C Kill �mN O I Z timN N r� N �N -amSec. 24, T.3N.1/4 CORNER 65W. CURVE TABLE a3N FOUND #6 REBAR WITH _ .. a, 2.5" ALUMINUM CAP I CURVE LENGTH RADIUS DELTA CHORD CH BEARING 0 ILLEGIBLE I yam o IN MONUMENT BOX C1 ` 552.10' 15630.00' 2'01'26" 552.07' N00'57'41"E X��-" POINT OF COMMENCEMENT- - L1 m ui z E- m ZQm Clo ASTI .?X '2 RIGHT OF WAY -0A, WELD COUNTY DEPARTMENT ACQUISITION 41 e;# OF PUBLIC WORKS X''0 ® \''� ►l. WCR 49 CORRIDOR PROJECT W BETWEEN WCR(s)30&32 MIKES ___.., IIII WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 050 E.Garden Drive I Windsor,Colorado 811550 WELD COUNTY,COLORADO Pia""":;no Asa-soil email:info@K n 5ueveco .eom DATE: 5-9-15 DRAWN BY: CDL SHEET: 2 oft Hello