HomeMy WebLinkAbout20151651.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 - CHARLES ARENS AND
KATHARINA CALATO
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 Charles Arens and Katharina Calato, 2940 Kyle Circle, Loveland, Colorado
80537, 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
Charles Arens and Katharina Calato 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.
2015-1651
C CAD(Ft/LS/TS) '7/2, EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - CHARLES ARENS AND KATHARINA CALATO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLO ADO
ATTEST: dorthovCam( ���,�,.��//�• � rbara Kirkmeyer, air
Weld County Clerk to the Board �( 1(Jl� .
r_`�\' ^-FK -ft
a.)
Mike Freeman, Pro-TernBY: F_.
ty Clerk to the oard
1 Sean P. Conway
APPROVED AS TO FOR / ' ..1,uu a &,„ /
1161 ( =4�,'s :=j,ulie A. ozadC./
County Attorney
\'Steve Moreno
Date of signature: /€2
� �
2015-1651
EG0072
1861 MEMORANDUM
TO: Clerk to the Board DATE: May 26, 2015
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement, and Temporary
Construction Easement with Charles F. Arens and Katharina J. Calato.
RECEIVED
MAY 272015
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-1 doc
2015-1651
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 CHARLES F. ARENS AND KATHARINA J. CALATO AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this O day of , 2015, by and between
CHARLES F. ARENS AND KATHARINA J. CALATO, hose address is 2940 Kyle Circle
Loveland, CO 80537, 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."
WITNES SETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as ("Public Road Right-of-Way"), and
WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the"Project"), and
WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, and
WHEREAS, County requires a Temporary Construction Easement(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 Two
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Carly Koppes, Clerk and Recorder, Weld County; CO
1111 ksr EITNICGrd'll%IULMINIOJI,I.,:,:ilk), 11111
Page 2 of 5
Hundred Eighty Dollars, ($2,280.00). The parties acknowledge and agree that said
purchase price represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of One Thousand One Hundred Sixty Dollars, The parties
($1,160.00).
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Six Hundred Ninety
Six Dollars, ($696.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
4. If this agreement is executed and returned to our office on or before May 11, 2015
the County shall pay the amount described in Paragraph Three "3"of the County's
Rights and Responsibilities.
5. Owner warrants that they are the Owner of the Public Road Rights-of-Way,
Permanent Easement and the Temporary Construction Easement and will defend
title thereto against all claims.
6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty
Deed, free and clear of all liens and encumbrances, except existing easements.
7. Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
ITO easements.
9. The Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on January 1, 2018, or upon the
2.7-4e
4e completion of the Project, whichever is earlier.
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10. Owner shall not,during the term of the Temporary Construction Easement, erect or
�m3 construct, or allow to be erected or constructed, any building or other structures on
4.v�— the property described in Exhibit "C" which may interfere with County's full
NLL° enjoyment of the rights hereunder; the Temporary Construction Easement includes
.. all rights and privileges as are necessary or incidental to County's reasonable and
aro�
�, proper use of said easement.
m"= 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
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Page 3 of 5
Permanent Easement and the Temporary Construction Easement, and shall also
retain any water rights currently attached to or associated with the Public Right-of-
Way, Permanent Easement and Temporary Construction Easement.
12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-
of-Way to County and the Permanent Easement at the date of closing which shall
be no later than thirty (30) days following the County's execution of this
Agreement. Said Permanent Easement shall include terms requiring the location of
any above ground structures to be placed so that they will not interfere with the
normal operation of the existing pivot irrigation system on the property of the
Owner
13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including,but not limited to, a prorated amount of the property
taxes, and any past due property taxes, (and interest and penalties thereon), on or
before the date of closing when Owner delivers the Warranty Deed to County and
the Permanent Easement. Owner is solely responsible for the payment of any
amounts owed to a third party holding a security or other ownership interest in the
Public Road Right-of-Way, Permanent Easement and Temporary Construction
Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County desires
to obtain title insurance for the Public Road Right-of-Way, Permanent Easements
and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement and/
or the Warranty Deed.
3. County shall pay Five Thousand Three Hundred Seventy Seven Dollars($5,377.00)
NM to the Owner for the Public Road Right-of-Way, the Permanent Easement, and the
Temporary Construction Easement by County warrant(s) at the date of closing if
agreement is signed and returned on or before May 11, 2015. If the agreement is
- not signed and returned on or before May 11, 2015, the County shall maintain its
current offer of Fair Market Value of Four Thousand One Hundred Thirty Six
Dollars ($4,136.00) for the Public Road Right-of-Way, the Permanent Easement,
5 and the Temporary Construction Easement by County warrant(s) at the date of
closing.
O 41-E-'
U-LL°- - 4. County, as a condition of the granting of Temporary Construction Easement covenants
NEa
and agrees to restore the property described in Exhibit "C" to a level comparable
m¢^Vi to its original condition.
®�a 5. Prior to construction commencing on the Project and right of way described herein,
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Page 4 of 5
boundary of the new right of way being acquired hereunder. The Owner shall be
responsible for the subsequent maintenance of said fence.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and be enforceable by
the parties and their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: CHARLES F. ARENS AND KATHA A J. CA,ATO
iet,,k,,_ r (1,4, 7 //
//
Charles F. Arens Kath ' a J. Calato
Date: 516•4t)/6-
ATTEST: 1W.J '6i* BOARD OF COUNTY COMMISSIONERS
Weld C t Clerk to the :s and WELD COUNTY, CO ORADO
/ r
BY: � �. Z cl- A
Deputy Cl to the B� ' �� arbara Kirkmeyer, hair,
,
t *' JUN 0 8 2015
Iasi Q::
APPROVED AS TOFF TL L. jAPPROVED AS TO SUBSTANCE:
'----3 ,a /
Controller / —""�'-- . +r!'°� Ele cial or Department Head
APPR T — <J f A
1, Director of General Services
County ey
Z:\WELDCNTY\C40#I8\ARENS-CALATO\Arens-Calato Compromise Agreement-4-24-1 5.docx
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Carly Koppel. Clerk and Recorder, Weld County, CO
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EXHIBIT-A NE 1/4 S13-T4N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, 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. 3239701 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST
ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 00'17'22" EAST, A DISTANCE OF 2641.50
FEET, THENCE ALONG THE NORTH LINE OF SAID SECTION 13 NORTH 89'23'07" WEST TO THE WEST
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. 952908 A
DISTANCE OF 40.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 00'17'22" EAST, TO A POINT
ON THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 30.00 FEET AND
BEING THE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 0017'22" EAST TO A POINT ON THE SOUTH
LINE OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE
OF 1290.76 FEET;
THENCE NORTH 89'23'23" WEST ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET;
THENCE NORTH 00'08'24" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 291.44 FEET;
THENCE NORTH 01'06'50" EAST A DISTANCE OF 963.43 FEET;
THENCE NORTH 44'50'14" WEST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY
ROAD 46 A DISTANCE OF 51.00 FEET;
THENCE SOUTH 8923'07" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 40.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 24,644.23 sf. OR 0.57 ac. MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 46, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 40.00 FEET OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 13; AND THE NORTHERLY 30.00 FEET OF THE EASTERLY 70.00 FEET OF THE NORTH
ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13.
SAID PARCELS CONTAIN 1.26 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY, COLORADO.
4119742 Pages: 6 of' 12
LEON W. SIEVERS 06/29/2015 10:58
AM R `Feee:1$0.00
PLS 23520 Carly Koppes, Clerk and Recorder, Weld County CO
1111 .11�hi'1111� iR1�i � if�Tl'1��hi�%M id link 11114 "Ill
RIGHT OF WAY WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION WCR 49 CORRIDOR PROJECT
BETWEEN WCR 44&46
ARENS & CALATO - PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO G O U N T ≤
DATE: 4-21-15 DRAWN BY:DRH SHEET: 1 oft
EXHIBIT-A NE 1/4 S13-T4N-R65W
P.O.C.
NE CORNER
S13-T4N-R65W
N89'23'07"W 2627.00_ L1V Rya? 46
SECTION LINE __ _2
L4
P.O.B.
LINE TABLE
LINE BEARING DISTANCE
L1 N89'23'07"W 40.00' EXISTING 40' R.O.W.
L2 S00'17'22"E 30.00' BK-1151/PG 254
L3 N89'23'23"W 30.00' MAR. 1952908
L4 N44'50'14"W 51.00' MAR. 16, 1945
L5 S89'23'07"E 40.00'
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. ao 80'
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RIGHT OF WAY WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION CW_15 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 44&46
ARENS & CALATO ��� - Y PROJECT NO: SRP-26 SCALE:1"=200'
4119742 Pages: 7 of 12 DATE: 4-21-15 DRAWN BY:DRH SHEET: 2of2
06/29/2015 10:58 AM R Fee:$0.0@
Carly Koppes. Clerk and Recorder, Weld County. CO
WI����L'�1��'i�t �� '�'t� ���,�I'f''��a�ki :1i � '�', , I II
EXHIBIT-B NE 1/4 S13-T4N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, 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. 3239701 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST
ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 0017'22" EAST, A DISTANCE OF 2641.50
FEET;
THENCE ALONG THE NORTH LINE OF SAID SECTION 13 NORTH 89'23'07" WEST A DISTANCE OF 44.22
FEET;
THENCE SOUTH 0017'22" EAST A DISTANCE OF 65.79 FEET AND BEING THE POINT OF BEGINNING.
THENCE SOUTH 01'06'50" WEST A DISTANCE OF 963.43 FEET;
THENCE SOUTH 00'08'24" WEST TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 291.44 FEET;
THENCE NORTH 89'23'23" WEST ALONG SAID LINE A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'08'24" EAST DEPARTING SAID LINE A DISTANCE OF 291.45 FEET;
THENCE NORTH 01'06'50" EAST A DISTANCE OF 982.94 FEET;
THENCE SOUTH 44'50'14" EAST A DISTANCE OF 27.83 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 25,292.63 sf. OR 0.58 ac. 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
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06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County, CO
FrOinli fir' «'lT115.f r;RIM �IY), 1i
1
PERMANENT UTILITY WELD COUNTY DEPARTMENT
EASEMENT 1861 OF PUBLIC WORKS
ACQUISITION (E-1D WCR 49 CORRIDOR PROJECT
BETWEEN WCR 44&46
ARENS & CALATO _� PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO G OM N T Y
DATE: 4-21-15 DRAWN BY:DRH SHEET: 1 oft
EXHIBIT-B NE 1/4 S13-T4N-R65W
P.O.C.
NE CORNER
S13-T4N-R65W
N89'23'07"W 2627.00_ PI46
L3 L1
SECTION L2
LINE TABLE P.O.B.
LINE BEARING DISTANCE
L1 N89'23'07"W 44.22 EXISTING 40' R.O.W.
L2 S00'17'22"E 65.79' I BK-1151/PG 254
L3 S44'50'14"E 27.83' I RECP.#952908
MAR. 16, 1945
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25,292.63 sf. OR 0.58 ac.t-
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A N
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. Co N
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PERMANENT UTILITY WELD COUNTY DEPARTMENT
EASEMENT X861 OF PUBLIC WORKS
ACQUISITION \E-1 WCR 49 CORRIDOR PROJECT- BETWEEN WCR 44&46
ARENS & C'AT,ATC� fI PROJECT NO: SRP-26 SCALE:I"=200'
j U N T Y
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06/29/2015 10:58 AM R Fee:$0.00 DATE: 4-21-15 DRAWN BY:DRH SHEET: 2of2
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 if I JAL O=LA1k RAIiV Ili 1101
EXHIBIT-C NE 1/4 S13-T4N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, 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. 3239701 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST
ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 0017'22" EAST, A DISTANCE OF 2641.50
FEET;
THENCE ALONG THE NORTH LINE OF SAID SECTION 13 NORTH 89'23'07" WEST A DISTANCE OF 44.22
FEET;
THENCE SOUTH 00'17'22" EAST A DISTANCE OF 65.79 FEET AND BEING THE POINT OF BEGINNING.
THENCE SOUTH 01'06'50" WEST A DISTANCE OF 963.43 FEET;
THENCE SOUTH 00'08'24" WEST TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 291.44 FEET;
THENCE NORTH 89'23'23" WEST ALONG SAID LINE A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'08'24" EAST DEPARTING SAID LINE A DISTANCE OF 291.45 FEET;
THENCE NORTH 01'06'50" EAST A DISTANCE OF 982.94 FEET;
THENCE SOUTH 44'50'14" EAST A DISTANCE OF 27.83 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 25,292.63 sf. OR 0.58 ac. 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
111
TEMPORARY UTILITY WELD COUNTY DEPARTMENT
1
EASEMENT •861. OF PUBLIC WORKS
ACQUISITION TE-15 ��� �� WCR 49 CORRIDOR PROJECT
BETWEEN WCR 44&46
ARENS & CALATO PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO . COUNTY
DATE: 4-21-15 DRAWN BY:DRH SHEET: 1 of2
EXHIBIT-C NE 1/4 S13-T4N-R65W
P.O.C._I NE CORNER
S13-T4N-R65W
N89'23'07"W 2627.00_ L3 L1 fra?
SECTION LINE _ _ L2 _ _
LINE TABLE P.O.B.
LINE BEARING DISTANCE
L1 N89'23'07"W 44.22 EXISTING 40' R.O.W.
L2 SOO*17'22"E 65.79' BK-1151/PG 254
L3 S44'50'14"E 27.83' I ( RECP.#952908
MAR. 16, 1945
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CHARLES F. ARENS & ` RIL NG, L1,C
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20' TEMPORARY AND PERMANENT
EASEMENT ACQUIRED
25,292.63 sf. OR 0.58 ac.±
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A N
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IT IS INTENDED TO ILLUSTRATE THE ATTACHED o
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PROPERTY DESCRIPTION ONLY. 0 o
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S 'ON,L N89'23'23"W o NO3AL ENERGY
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TEMPORARY UTILITY WELD COUNTY DEPARTMENT
EASEMENT 1861 OF PUBLIC WORKS
ACQUISITION TE-15 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 44&46
ARENS & CALATO �� J PROJECT NO: SRP-26 SCALE:I"=200'
NTY
4119742 Pages: 11 of 12
06/29/2015 10:58 AM R Fee:$0.00$0.00 DATE: 4-21-15 DRAWN BY:DRH SHEET: 2 of 2
Carly Koppes, Clerk and Recorder, Weld County, CO MIIIIIIIIIIIMIIIIIIIIIIIIIINIMMIMk
uvII!1:1111,Ii ilvAIIWi AIIIii 1'iCieri'gali+tYlyi, till
EXHIBIT"D"
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that
® Charles F. Arens and Katharina J. Calato
[PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)i
is (are) the Owner(s)of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant
unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado corporation, whose post office address is Fort Collins,
Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the
undersigned:
A UTILITY EASEMENT 20 FEET WIDE,10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS
CONSTRUCTED ON WORK ORDER#
® Reception No. County Weld, Township 4 N, Range 65 W, Section 13 Book , Page ,
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining,
and extending from time to time an overhead and/or underground electric line or system, including,but not limited to,poles,towers, fixtures,
conductors,guy wires,cables,conduits, vaults,transformers,pads,and enclosures,on,over or under the above-described lands;
A. And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and
shrubbery located within 18 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous
trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other
facilities of the Association.
B. The undersigned agrees to keep the area within 18 feet of the centerline of said underground or overhead electric line or system
clear of buildings, structures, piles of earth, rubbish,debris or other substances or materials, and to permit or otherwise agree to the
easement and joint use occupancy of other lines or systems.
C. And grants to the Association the right of access for ingress and egress over the lands above-described and the right to use the roads
or trails, whether public,private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed
from time to time.
D. And further agrees that all facilities installed by or for the Association shall remain the property of the Association,removable at the
Association shall not place any above ground structures in locations that
option of the Association. will interfere with Owner's existing pivot irrigation system.
E. And further grants to the Association the right to use the easement for communication purposes including wireless transmitters and
receivers and phone line carrier equipment.
F. And shall not grant any other easement right-of-way,permit or license upon,under or over said property without the written consent
of the Association.The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or
waiver by the Association of any of its hereby expressed rights.
G. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all
claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following:
MORTGAGE COMPANY NAME:
® IN WITNESS WHEREOF the undersigned has set his hand and seal this day of ,20 .
(Owner)
(Signature[
(Owner) ®
(Signature)
(Owner) ®
STATE OF COLORADO ) (Signature)
ss:
COUNTY OF ) SEAL
® The foregoing instrument was acknowledged before me this day of 20
by,
[PRINT OWNER(S)OF RECORD NAME(S))
Notary Public: My Commission Expires:
(Signature) POUI)KL VALLLY RLA
4119742 Pages:Pa 12 of 12 I'O BOX 272550
g FORT COLLINS.CO H''52'
06/29/2015 10:58 AM R Fee:$0.00
tocumentl Carly Koppes, Clerk and Recorder, Weld County, CO
VIII kir11 I'R ho'rFiiindlirlOi llifrriAl llhtiNIA, 1101
r r v
1861 MEMORANDUM
TO: Clerk to the Board DATE: 3/1/2016
FROM: Tiffane Johnson
Public Works Department RECEIVED
SUBJECT: Consent Agenda Item
MAR 01 2016
WELD COUNTY
`IMISSIONERF
RE: Doc #2015-1651
Warranty Deed with Charles F Arens and Katharina J. Calato for improvements to WCR 49
between WCRs 44 & 46.
M:\Fran=\AGENDA memos Wgenda-WarrantyDeed.doc
L131/ 51\Alik— 1415()1\6—G . CLIQI41(0LS11 / CT) C>20[6466-1
WARRANTY DEED
THIS DEED made this ' day of , 20 , between Charles F.
Arens and Katharina J. Calato, whose address is 2940 Kyle Circle, Loveland, CO 80537,
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, 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: Vacant Land
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.
4186826 Pages: 1 of 5
03/09/2016 12:36 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO Z04, /�Q
1111 PRAItlIWIRItikkiliilO W ill Yoh 11111
•
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
oh/2/Pa,--
Charles F. Arens, Owner Katharina J. Calato, Owner
State of C« , )
)ss.
County of C,42_,AA cam.}...
The foregoing instrument was acknowledged before me this day of 0AC,Y
20/6,by Charles F. Arens and Katharina J. Calato, Owners.
JAMNOTARY ES R.FLESHER Witness my hand and official seal.
BLIC
STATE OF COLORADO
NOTARY ID 20154039602
MY COMMISSION ERNES OCTOBER 7,2019
Potary Public
My commission expires: /e)/-7—/i 9
4186826 Pages: 2 of 5
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Carly Koppes, Clerk and Recorder, Weld County, CO
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/ day of 1114t,,,,,L2 , 2016.
da4411/ Je&O;e1
ATTEST: 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 � fa .1)
• � x;61
r1
BY. . �
, 1 BY:
Deputy Clerk to the Boar Mike Freeman, Chair MAR 0 7 21016
BOARD OF COUNTY
COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 7d ay of
, 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
G Notary Pub c
My commission expires: /02_//9/o20/0 - CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION €XPIR€S 8€0, 10, 2911
4186826 Pages: 3 of 5 0b/5 /(v 03/09/2016t."1 12:36 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III KiIMilie C4litIikrifik1 N 1I'6t iiitiii ■1111
EXHIBIT-A NE 1/4 S13-T4N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, 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. 3239701 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST
ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 00'17'22" EAST, A DISTANCE OF 2641.50
FEET, THENCE ALONG THE NORTH LINE OF SAID SECTION 13 NORTH 89'23'07" WEST TO THE WEST
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. 952908 A
DISTANCE OF 40.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 0017'22" EAST, TO A POINT
ON THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 30.00 FEET AND
BEING THE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 00'17'22" EAST TO A POINT ON THE SOUTH
LINE OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE
OF 1290.76 FEET;
THENCE NORTH 89'23'23" WEST ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET;
THENCE NORTH 00'08'24" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 291.44 FEET;
THENCE NORTH 01'06'50" EAST A DISTANCE OF 963.43 FEET;
THENCE NORTH 44'50'14" WEST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY
ROAD 46 A DISTANCE OF 51.00 FEET;
THENCE SOUTH 89'23'07" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 40.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 24,644.23 sf. OR 0.57 ac. MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 46, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 40.00 FEET OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 13; AND THE NORTHERLY 30.00 FEET OF THE EASTERLY 70.00 FEET OF THE NORTH
ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13.
SAID PARCELS CONTAIN 1.26 ac. 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 4186826 Pages: 4 of 5
03/09/2016 12:36 PM R Fee:$0.00 D Fee:$0.00
PLS 23520County,
IIII FAU!IGr��4f�'V��' Milli MO O k W h 11111
WELD COUNTY DEPARTMENT
RIGHT OF WAY
ACQUISITION Rw-is � �� i86> _ - OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
- l BETWEEN WCR 44&46
ARENS & CALATO T Y PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO G Q_U-N
DATE: 4-21-15 DRAWN BY:DRH SHEET: 1 of 2
EXHIBIT-A NE 1/4 S13-T4N-R65W
P.O.C.
NE CORNER
S13-T4N-R65W
N89'23'07"W 2627.00 - - Li . W�
SECTION LINE
L4N P.O.B.
LINE TABLE
LINE BEARING DISTANCE
L1 N8923'07"W 40.00' EXISTING 40' R.O.W.
L2 SOO'17'22"E 30.00' BK-1151/PG 254
L3 N89'23'23"W 30.00' RECP.#952908
L4 N44'50'14'W 51.00' MAR. 16, 1945
L5 S89'23'07"E 40.00' I �
0
CHARLES F. ARENS &
KATHARINA J. CALATO i
PARCEL# 1055-13-0-00-017 1 1N
RECP.#3239701 °' ENSIGN US
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RIGHT—OF—WAY ACQUIRED
24,644.23 sf. OR 0.57 ac.
s '
ch ENSIGN US
DRILLING, LLC
04.
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A N �`
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. ao Vii, =s'
o f,
IT IS INTENDED TO ILLUSTRATE THE ATTACHED o
PROPERTY DESCRIPTION ONLY. o
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RIGHT OF WAY WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION RW-15
WCR 49 CORRIDOR PROJECT
=;1 BETWEEN WCR 44&46
ARENS & CALATO -' �I PROJECT NO: SRP-26 SCALE:1"=200'
WELD COUNTY,COLORADO C D U N T Y
I DATE: 4-21-15 DRAWN BY:DRH SHEET: 2 of 2
4186826 Pages: 5 of 5
03/09/2016 12:36 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ell FM KIM 44. 11111
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