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HomeMy WebLinkAbout20153417.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 - LARRY AND MARY MADISON 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 Larry and Mary Madison, LLC, 15250 CR 49, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, 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 Larry and Mary Madison, 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. 2015-3417 Ll 1�T? /j h331h/12, EO0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - LARRY AND MARY MADISON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COL ADO ATTEST: / '• a '4.'✓ a `. '„.k arbara Kirkmeyer, hair Weld County Clerk to the Board (� 1 Mike Freeman, Pro-Tern BY: a,\Oi Y- Oty Clerk 6 the Board •+�� Sean P. Cones y �m Ofa7._ APP ED AS TO •'M: ` �Th e A. Cozad County AttorneyJ'impor i I --�j'eve Moreno Date of signature: 11 , Q�� s 2015-3417 EG0072 1861 . MEMORANDUM TO: Clerk to the Board DATE: October 5, 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, Permanent Easement, and Temporary Construction Easement with Larry Madison and Mary A. Madison. RECEIVED OCT 062015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-I doc 2015-3417 ‘( 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 LARRY MADISON and MARY A. MADISON and WELD COUNTY, COLORADO THIS AGREEMENT is made this ' ` day of Sep`f"c'rv}b( e, 2015, by and between Larry Madison and Mary A. Madison, whose address is 15250 County Road 49, LaSalle, 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 ("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 Temporary Construction Easernent(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 Two Thousand, Six Hundred Fifty Nine and 80/100 Dollars, ($2,659.80). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4153577 Pages: 1 of 11 020/5— (57l 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County CO PIII IMAM ID, Bill 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 Six Hundred, Sixty Eight and 80/100 Dollars, ($668.80). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. II' 3. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred One and 28/100 Dollars, ($401.28). The parties acknowledge and agree that said purchase price represents full, fair and aluable consideration. 4. 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. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. The Temporary Construction Easement shall commence on the day the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 9. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 10. Owner shall retain the mineral estate under the Public Road Right-of-Way, the 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 and Temporary Construction Easement. 4153577 Pages: 2 of 11 10/28/2015 10:501 and Recorder AMR e Fee: e $ d 0.00 County, CO Page 2 of Carly Koppes, rk ■III M!�1R:17Y,0liri! Mi?il,hti'UhLYlrtL I PIi 'ii lI II I • 11. 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. 12. 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 an amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Four Thousand, Eight Hundred Forty Nine and 00/100 Dollars ($4,849.00) 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 Three Thousand, Seven Hundred Thirty and 00/100 Dollars ($3,730.00) 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. 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. 4153577 Pages: 3 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO Ell Rs�1���tiF4r'�I��'G�i�:����f�:��G��J�k'�r�N�1FJ rani IN I Page 3 of 5 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 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. 4153577 Pages: 4 of 11 10/28/2015 10:50 AM R Fee:$0.00 County,. CO Carly Koppes. Clerk and Recorder.. Weld ■IIIRIF,rR'1t�N�,91411 1131,E iriti�Mr�G't ,Fr,�ii �IIII Page 4 of 5 • IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Larry Madison and Mary A. Madison By: yw/ Title: By: 1 6{ ._ WL Title: DW 1..Q.., ATTEST: dsgat W ..do:4 BOARD OF COUNTY COMMISSIONERS Weld . t Clerk to the :oard WELD COUNTY, CO ORADO BY: ���I ���_.. - � ► ���s . ./ !. / _� / • Deputy C rk to the Bo N. � ` .rbara Kirkmeyer, hair 1 . �t OCT 2 6 2015 APPROVED AS TO FUN 1► i ,� PROVED A L'! UBSTANCE: '..04ae-41€1c . Controller ,., '` E ect:. !fficial or Department Head APPROVED AS TO FORM: NI�A. Director of Ge eral Services r County Attorney a2a/,,-_ .34lt7 Page 5 of 5 4153577 Pages: 5 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO mill Pcitillnigi 5O:511)1.1#1'I Nil'r ICIlY4ri, 111111 L FXTTTRTT-A i 34-MADISON-ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half (N1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING of the Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentolized by a #6 rebar with a 2 cW diameter aluminum cap stamped 'Greenhorne & O'Mara" (year and f LS# ore illegible) at the South end and by a #6 rebar with a 3 X" diameter aluminum cap stamped `199?" (LS# is illegible) at the North end, as bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18; . THENCE North 00'18'47" West along said East Right—of—way line a distance of 1324.85 feet to the South line of the North Half (N1/2) of said Lot No. 2, said point being the POINT OF BEGINNING; THENCE continuing North 0018'47" West along said East Right—of—way line a distance of 1324.85 feet to the North Tine of the Southwest Quarter (SW1/4) of said Section 18; THENCE North 88'56'27" East along the north line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 34.99 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 328.26 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 01'11'33" and a long chord bearing South 00'56'42" East a distance of 328.25 feet; THENCE South 00'20'55" East a distance of 464.89 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 531.68 feet to the South line of the North Half (N1/2) of said Lot No. 2, said curve having a radius of 15630.00 feet, a central angle of 01'56'56" and a long chord bearing South 0119'23" East a distance of 531.66 feet; THENCE South 88'57'52" West along the South line of the North Half (N1/2) of said Lot No. 2 a distance of 48.27 feet to the POINT OF BEGINNING. Said parcel of land contains 52,647 sq. ft. or 1.209 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. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Thirty (30) feet of the North Half (N1/2) of said Lot No. 2; Said existing Right—of—way contains 39,745 sq. ft. or 0.912 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. , r• L/C P 3, ., 33 .C�6 o u/V!L LP 0 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT A CQUIOS F T ONY 4.!' ✓ OF PUBLIC WORKS li.�•.. . WCR 49 CORRIDOR PROJECT VID BETWEEN WCR(s)32&34 MADISON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 6,so r.(nrdn,Drier 11k End.or,Colorado SUbSU WELD COUNTY,COLORADO „I,,,„''''''r.ar._cni, I ";r"„a,rni:",gs„r" „r DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 of2 4153577 Pages: 6 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County:. CO I 1 II 1 ■ I 1 1 Y� lIII!�!i1R llil iPtill«l�«+I IkI�1hf lli ld ��ll�f t HAY)! BIM I EXHTRTT_ A 13I W 1/4 CORNER Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP, ILLEGIBLE, 199X IN MONUMENT BOX NonCF I I According to Colorado law you must I r r commence any legal action based upon LARRY & MARY A. any defect in this survey within three years p0,.-.., after you first discover such defect. In no u3 01 MADISON event may any action based upon any 6C7 defect In this survey be commenced more st ? _ PARC.#1 2 1 5 1 8000022 than ten years from the date of the fTe certification shown hereon. 13-50-105 N 'u a i �, RhC.P.#Q2396616 C.R.S. 2012) t m m CHARLENE S. FRIDGE& o `t ROGER J. 0 Q " NOTE: This exhibit drawing is not Intended FRIDGE O m n32 to be a monumentolized land survey. It's Z�'' O sole purpose is as a graphic representation N to aid in the visualization of the written • 0 property description which it accompanies. I o The written property description supersedes ON in 50' PIPELINE EASEMENT the exhibit drawing. TO PANHANDLE EASTERN -PIPE LINE COMPANY (REC. NO. 1751441) M SE 1/4 S13-T3N-R65W _ 30' EXISTING RIGHT-OF-WAY -ocoo - ACCEPTED ROAD VIEWER'S REPORT 4 (BOOK 658 PAGE 9) N M LINE TABLE i SW 1/4 I 3 S18-T3N-R64W LINE BEARING LENGTH L1 N88'59'17"E 30.00' o _ z v L2 NO0'18'47"W 1324.85' FRANK W. C ASSANO I I L3 N88'56'27"E 34.99' L4 S88'57'52"W 48.27' ADDITIONAL RIGHT—OF—WAY —52,647s.f.± OR 1.209ac.± POINT OF BEGINNING I L4 ' S CURVE TABLE SW CORNER CURVE LENGTH RADIUS DELTA CHORD CH BEARING Sec.18, T.3N., R.64W. N FOUND #6 REBAR WITH -1 C1 328.26' 15770.00' 1'11'33" 328.25' S00'56'42"E 2.5" ALUMINUM CAP, ILLEGIBLE IN MONUMENT BOX C2 531.68' 15630.00' 1'56'56" 531.66' S01'19'23"E POINT OF COMMENCEMENT �L1 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 4a Pe.. OF PUBLIC WORKS Q Et.(34 \'t.4. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MADISON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' WELD COUNTY.COLORADO 650 E Garden Drive 1C'indsoe,Colorado 80550 ern'il""'°n'nss""'ej'°""m DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 4153577 Pages: 7 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO III MIr rt'ilViT'JMiti rfii:Wi l Itill iI:KIM IMIL'ai i'lii 111111 F.XNTRTT-B 34-MADISON-PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half (N1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentailzed by a #6 rebar with a 2 h' diameter aluminum cap stamped 'Greenhorne & O'Mara" (year and LS# are illegible) at the South end and by a #6 rebar with a 3 k' diameter aluminum cap stamped 199?" (LS# is illegible) at the North end, as bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Rood Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18; THENCE North 00'18'47" West along said East Right—of—way line a distance of 1324.85 feet to the South line of the North Half (N1/2) of said Lot No. 2; THENCE North 88'57'52" East along the South line of the North Half (N1/2) of said Lot No. 2 a distance of 48.27 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the East a distance of 531.68 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 01'56'56" and a long chord bearing North 01'19'23" West a distance of 531.66 feet; THENCE North 00'20'55" West a distance of 464.89 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 328.26 feet to the North line of the Southwest Quarter (SW1/4) of said Section 18, said curve having a radius of 15770.00 feet, a central angle of 01'11'33" and a long chord bearing North 00'56'42" West a distance of 328.25 feet; THENCE North 88'56'27" East along the North line of the Southwest Quarter (SW1/4) of said Section 18 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 328.51 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 01'11'31" and a long chord bearing South 00'56'41 ' East a distance of 328.50 feet; THENCE South 00'20'55" East a distance of 464.89 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 531.44 feet to the South line of the North Half (N1/2) of said Lot No. 2, said curve having a radius of 15610.00 feet, a central angle of 01'57'02" and a long chord bearing South 01'19'26" East a distance of 531.42 feet; THENCE South 88'57'52" West along the South line of the North Half (N1/2) of said Lot No. 2 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 26,497 sq. ft. or 0.608 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 strip of land. J�F, DO Li i� f•�+ up .jt j .0 r / 71.) 381O6 0\11'11'1O11 w ��►t—/V1 t LAc) Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 PERMANENT EASEMENT .A._ WELD COUNTY DEPARTMENT ACQUISITION e.# OF PUBLIC WORKS AC Q Pe sa s�'►�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MADISON WCR 49 KING SIIR\�EYORS PROJECT NO: SRP-26 SCALE: N/A Gill F..Cardrn Dove I Windsor,Colorado 8115 50 WELD COUNTY.COLORADO e""'l r DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 of 2 4153577 Pages: 8 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■iii NNW', i.MI.5rh81l141LikYiyi, 111111 FYT-TTRTT_R LL 1.111 • 1 1 L Ail% L4 • W 1/4 CORNER Sec.18, T.3N., R.64W. 17 SW 1/4 FOUND #6 REBAR WITH • S18-T3N-R64W 3.25" ALUMINUM CAP, • N ro ILLEGIBLE, 199X l° 30' EXISTING RIGHT—OF—WAY IN MONUMENT BOX I ---I i ACCEPTED ROAD VIEWER'S REPORT NoncF i (BOOK 658 PAGE 9) According to Colorado law you must II LARRY & MARY A. commence any legal action based upon 1any defect In this survey within three years .. after you first discover such defect. In no toCO l MADISON event may any action based upon any °i PARC.#121518000022 efecten this survey be commenced more Z years from the date of the co a R F( P•#Q239661 F certification shown hereon. (13-80-105 W C.R.S. 2012) m I m � CHARLENE • o Z a S. FRIDGE& 20' PERMANENT EASEMENT ROGER J. o a l 3l w 26,497s.f.f OR 0.608ac.± NOTE: This exhibit drawing Is not Intended FRIDGE o m ,In In to be a monumentallzed land survey. It's Z u7 u) sole purpose Is as a graphic representation b to aid in the visualization of the written N N property description which it accompanies. I O O The written property description supersedes ICPNI z (9 50' PIPELINE EASEMENTNt the exhibit drawing. TO PANHANDLE EASTERN 61- `PIPE LINE COMPANY (REC. NO. 1751441) SE 1/4 CURVE TABLE 513-T3N-R65W • CURVE LENGTH RADIUS DELTA CHORD CH BEARING I I C1 531.68' 15630.00' 1'56'56" 531.66' N01'19'23"W • C2 328.26' 15770.00' 1'11'33" 328.25' N00'56'42"W I I i C3 328.51' 15790.00' 111'31" 328.50' SOO'56'41"E I C4 531.44' 15610.00' 1'57'02" 531.42' S01'19'26"E . FRANK W. - 1.5 ZS CAcccANn I II LINE TABLE LINE BEARING LENGTH POINT OF BEGINNING L1 N88'59'17"E 30.00' L3 L5 L2 N00'18'47"W 1324.85' L3 N88'57'52"E 48.27' SW CORNER Sec.18, T.3N., R.64W. L4 N88'56'27"E 20.00' FOUND #6 REBAR WITH 2.5" ALUMINUM CAP, ILLEGIBLE L5 S88'57'52"W 20.00' IN MONUMENT BOX POINT OF COMMENCEMENT L1 PERMANENT EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4� r.+OF PUBLIC WORKS pF_gq '� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MADISON KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' WCR 49 650 E.Carden Drive 11Cind;or,Colorado 8055') WELD COi1NTY_C(ll.OR nn(1 — ,„ad inro-`';nhsn«=<,r..eo,., DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 oft 4153577 Pages: 9 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppel. Clerk and Recorder, Weld County. CO '1' II Rici lLRItiJliiiI«��'!�I�l�+l�iPllrl■�1'IVI II�IA it BIM I FXT-TTRTT-C 34-MADISON-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half (N1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64-W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebar with a 2 'fi' diameter aluminum cap stamped 'Greenhorne & O'Mara" (year and LS# are illegible) at the South end and by a #6 rebar with a 3 IA" diameter aluminum cap stamped 199?' (LS# is illegible) at the North end, as bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18; THENCE North 00'18'47" West along said East Right—of—way line a distance of 1324.85 feet to the South line of the North Half (N1/2) of said Lot No. 2; THENCE North 88'57'52" East along the South line of the North Half (N1/2) of said Lot No. 2 a distance of 48.27 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the East a distance of 531.68 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 01'56'56" and a long chord bearing North 01'19'23" West a distance of 531.66 feet; THENCE North 00'20'55" West a distance of 464.89 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West o distance of 328.26 feet to the North line of the Southwest Quarter (SW1/4) of said Section 18, said curve having a radius of 15770.00 feet, a central angle of 01'11'33" and a long chord bearing North 00'56'42" West a distance of 328.25 feet; THENCE North 88'56'27" East along the North line of the Southwest Quarter (SW1/4) of said Section 18 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 328.51 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 01'11'31" and a long chord bearing South 00'56'41" East a distance of 328.50 feet; THENCE South 00'20'55" East a distance of 464.89 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 531.44 feet to the South line of the North Half (N1/2) of said Lot No. 2, said curve having a radius of 15610.00 feet, a central angle of 01'57'02" and a long chord bearing South 01'19'26" East a distance of 531.42 feet; THENCE South 88'57'52" West along the South line of the North Half (N1/2) of said Lot No. 2 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 26,497 sq. ft. or 0.608 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 strip of land. 'U. J 33106 ›d e G 9`.` "66BL0666'e 1 \U Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT .A.. AC 44 �A UISITION Q • OF PUBLIC WORKS ,� ► WCR 49 CORRIDOR PROJECT TE-34 \ • BETWEEN WCR(s)32&34 MADISON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A (,O E.Garden D,,v ( \C Colorado NUiiu WELD COUNTY.COLORADO phone_'970)6865011 I email i„ionh;nOuneyo, ,„, DATE: 5-11-15 DRAWN BY: CDL SHEET: I ot'2 4153577 Pages: 10 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO gill Per1i:r Kllu'f��I�i��rl+I���f:�i�:;rrYi��l'�i�W i�iYi��� "III FXTTTRTT_P L4 W 1/4 CORNER Sec.18, T.3N., R.64W. 1 SW 1/4 FOUND #6 REBAR WITH - S18-T3N-R64W 3.25" ALUMINUM CAP, N 2 ILLEGIBLE, 199X I° 30' EXISTING RIGHT-OF-WAY IN MONUMENT BOX -j I ACCEPTED ROAD VIEWER'S REPORT NOTICY (BOOK 658 PAGE 9) According to Colorado law you must • commence any legal action based upon I LARRY & MARY A. any defect in this survey within three years m i after you first discover such defect. in no to MADISON event may any action based upon any pj C' , defect in this survey be commenced more ? PARC..#121518000022 than ten years from the dote of the N < RZCP n7'�Q66 1 6 certification shown hereon. (13-80-105 W f ` ' C.R.S. 2012) CHARLENE n o I 1 m CD co S. FRIDGE& co • '1" 20' TEMPORARY EASEMENT ROGER J. E, InQ i 3 w 26,497s.f.± OR 0.608ac.± NOTE: This exhibit drawing is not Intended E, FRIDGE o m I )in in to be a monumentalized land survey. It's Z u) 0 sole purpose is as a graphic representation to aid in the visualization of the written N b property description which it accompanies. I • o o The written property description supersedes 50+ PIPELINE EASEMENT the exhibit drawing. z fn TO PANHANDLE EASTERN I PIPE LINE COMPANY. DI (REC. NO. 1751441) SE 1/4 I I CURVE TABLE S13-T3N-R65W • - CURVE LENGTH RADIUS DELTA CHORD CH BEARING Il C1 531.68' 15630.00' 1'56'56" 531.66' N01'19'23"W . I C2 328.26' 15770.00' 1'11'33" 328.25' NO0'56'42"W I I C3 328.51' 15790.00' 1'11'31" 328.50' SOO'56'41"E I C4 531.44' 15610.00' 1'57'02" 531.42' SO1'19'26"E FRANK W. I • �' c.) rAccAlrn I i LINE TABLE LINE BEARING LENGTH POINT OF BEGINNING L1 N88'59'17"E 30.00' L3 L5 L2 N00'18'47"W 1324.85' L3 N88'57'52"E 48.27' SW CORNER Sec.18, T.3N., R.64W. L4 N88'56'27"E 20.00' FOUND #6 REBAR WITH Si 2.5" ALUMINUM CAP, ILLEGIBLE L5 S88'57'52"W 20.00' IN MONUMENT BOX POINT OF COMMENCEMENT L1 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 41 it OF PUBLIC WORKS is i TE-34 �' ► , WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MADISON KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' WCR 49 WD E.Garden Drive i \C tridsor,Colorado 80550 WELD COUNTY,COLORADO "no". '>-r.rse;nu e,na;e'''111K,ngsur r",,, om DATE: 5-11-15 DRAWN BY: CDi. SHEET: 2(4.2 4153577 Pages: 11 of 11 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII MIVJ!1 !Wlii'IIV+ili i1/471R E J4L«AUiwrl W44111111 I MEMORANDUM e - 4 * III.- TO: Clerk to the Board DATE: November 13,2015 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc#2015-3417 Warranty Deed with Larry and Mary A. Madison RECEIVED NOV 16105 waoUNTy Co NMISSC IO NERS M:\FmncikMGENDA memos Mgooda-Leon-2.doc you)(i_s/ s re-) /1 -/f- /5 /��i $ - o-O/6-. 34/ 7- c7c)-7 WARRANTY DEED • J T� THIS DEED made this /1 day of , 20 /O between Larry Madison and Mary A. Madison 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: 15250 Weld County Road 49, LaSalle,Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature 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. 4162727 Pages: 1 of 5 ez 61/5,34/7 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ill WiilliC kif'Iifilifki a lrIA I 1+101.1) 11. UI II IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 71 . Larry adison, Owner Mary A. adison, Owner State of ) )ss. County of ) The foregoing instrument was acknowledged before me this ►3 day of 3oue t,ber, 20 1.5 , by Larry Madison and Mary A. Madison, Owners. Witness my hand and official seal. otary Public My commission expires: 0 t3-0 8-17 LEON W.SIEVERS NOT PUDUC • STATE:OF OFCOLORADO NOTARY ID 20014024300 Myc0MMSs10NEGINSA Gu$rL2017 4162727 Pages: 2 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Fall IWI'I 'I.' i' IPYNICrklih Y4rh 11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway,pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this f " day of (---zo-���, 2015. ATTEST: fl,.s n1 'ok. 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: BY: ,(i De.uty Clerk to the Bo..i�► •;, s La arbara Kirkme er, Ch r BOARD OF COUNTY -, lVOY I.8 2®Y5 iv COMMISSIONER ��� ; �� OF THE COUNTY OF WELD ♦ 1i STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this � day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. CHERYL LYNN HOFFMAN, My commission expires: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4162727 Pages: 3 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO /o=,Ozb7 EXHIBIT-A 34-MADISON-ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half (N1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebar with a 2 Kt" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# ore illegible) at the South end and by a #6 rebar with a 3 J4•' diameter aluminum cap stamped "1994" (LS# is illegible) at the North end, as bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Rood No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of sold Section 18; THENCE North 00'18'47" West along said East Right—of—way line a distance of 1324.85 feet to the South line of the North Half (N1/2) of said Lot No. 2, said point being the POINT OF BEGINNING; THENCE continuing North 00'18'47" West along said East Right—of—way line a distance of 1324.85 feet to the North line of the Southwest Quarter (SW1/4) of said Section 18; THENCE North 88'56'27" East along the North line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 34.99 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 328.26 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 0111'33" and a long chord bearing South 00'56'42" East a distance of 328.25 feet; THENCE South 0020'55" East a distance of 464.89 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 531.68 feet to the South line of the North Half (N1/2) of said Lot No. 2, said curve having a radius of 15630.00 feet, a central angle of 01'56'56" and a long chord bearing South 0119'23" East a distance of 531.66 feet; THENCE South 88'57'52" West along the South line of the North Half (N1/2) of said Lot No. 2 a distance of 48.27 feet to the POINT OF BEGINNING. Said parcel of land contains 52,647 sq. ft. or 1.209 acres, more or less (t), 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 West Thirty (30} feet of the North Half (N1/2) of said Lot No. 2; Said existing Right—of—way contains 39,745 sq. ft. or 0.912 acre, more or less (t), 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. d~� -41101 wv s• L!C ‘1 1�1 o wNePA for aiiera :14,, • v iA �2- 38106 y: cc • oi Ewa 0 °m o t , NSA Nom%NOS a e O 4tn Michael Chad Dilke — On Behalf Of King Surveyors mColorado Licensed Professional Land Surveyor #38106 c o WELD COUNTY DEPARTMENT RIGHTCQUO F T ONY 4�.. OF PUBLIC WORKS -rota �,r ►4 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 C°6 MADISON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 phone:(970)686-5011 I email:inf @"gSunvcyors.com DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT_A L3 - W 1/4 CORNER ''. Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP, v ILLEGIBLE, 199X IN MONUMENT BOX NonCF I According to Colorado law you must LARRY c0 MARY A. commence any legal action based upon I any defect In this survey within three yeors 1O'-' after you first discover such defect. In no ca u) MADISON event may any action based upon any z _ DARC.#1 215 18000022 defect in this survey be commenced more than ten years from the date of the N a RECP.#O2396616 certification shown hereon. (13—S0-105 Lai O1 C.R.S. 2012) CHAR[FNE 3 o S.FRIDGE& `. ao _ ROGER J. o a w NOTE This exhibit drawing is not intended FRIDGE o m in to be a monumentalized land survey. It's ?'../ O sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. o The written property description supersedes I C y V) 50' PIPELINE EASEMENT the exhibit drawing. � TO PANHANDLE EASTERN PIPE LINE COMPANY (REC. N0. 1751441) SE 1/4 S13-73N-R65W - i 30' EXISTING RIGHT—OF—WAY i --nco ACCEPTED ROAD VIEWER'S REPORT a: (BOOK 658 PAGE 9) M LINE TABLE I im SW 1/4 I 3 S18-T3N-R 4W LINE BEARING LENGTH ice , 6 m I l „ L1 N88'59'17"E 30.00' m" I oo N L2 N00'18'47"W 1324.85' `e FRANK W. I z iw c N C_ASSANO I I L 3 N88'56'27"E 34.99' c� L4 S88'57'52"W 48.27' m •3 l • � m41), --G ADDITIONAL RIGHT—OF—WAY 4 aii7m' 52,647s.f.t OR 1.209ac.t C oLL L ."C POINT OF BEGINNING U� I CURVE TABLE go-o Y li71a-- SW CORNER Sec.18, T.3N., R.64W. CURVE LENGTH RADIUS DELTA CHORD CH BEARING v-72 FOUND #6 REBAR WITH C1 328.26' 15770.00' 1'11'33" 328.25' S00'56'42"E in @ 2.5" ALUMINUM CAP, ILLEGIBLE rma` IN MONUMENT BOX C2 531.68' 15630.00' 1'56'56" 531.66' SO1'19'23"E N NN. II POINT OF COMMENCEMENT L1 - Nm>. = WELD COUNTY DEPARTMENT �V,Iiffl RIGHT OF WAY 4�' OF PUBLIC WORKS ACQUISITION R ...4 \'►.-. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MADISON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' 650 E.Garden Drice I W nanny Colorado 80550 WELD COUNTY,COLORADO Pnone:(97ii 680-sou I email:'"fc✓n1('ngSuneyon.com DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 Hello