HomeMy WebLinkAbout20153014 RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-
WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 EXTENSION
(PARKWAY) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
HOSHIKO LAND, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board was presented with an Agreement Concerning the Purchase of
Public Road Right-of-Way for Certain Improvements to County Road 49 Extension (Parkway)
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 Hoshiko Land,
LLC, PO Box 119, Kersey, Colorado 80644, 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 for
Certain Improvements to County Road 49 Extension (Parkway) 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 Hoshiko Land, LLC, 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.
ER f-r) J 2015-3014
CC'7O( EO0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HOSHIKO LAND, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dit •ei
arbara Kirkmey , Chair
Weld County Clerk to the Board
n ^ �//A , (}1O
Mike Freeman, Pro-Tem
ty Clerk to the Bo rd
�:�""�►r Sean P. Conway
a 67.5ed(--)
AP VED ORM: UGC
,�.r•�,�� ! . i, A. Cozad
Attorney //�
O os a Moreno
Date of signature:
Vac?
2015-3014
EG0072
\1861/
In TIE
MEMORANDUM
TO: Board of County Commissioners..71 I
COUNT - DATE: September 14, 2015
FROM: Tiffane Johnson/Elizabeth Relford,
Public Works
SUBJECT: Hoshiko Parkway ROW Agreement
This agreement is for the purchase of .69 acres of public right of way with Hoshiko Land,
LLC. This agreement is in accordance with change order#3 of the Weld County Parkway
road improvements.
2015-3014
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 49 EXTENSION (PARKWAY),
BETWEEN HOSHIKO LAND, LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 11th day of September,2015,by and between Hoshiko Land,
LLC, whose address is PO Box 119, Kersey, CO 80644, hereinafter 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 real property described in the attached Exhibit "A" (hereinafter
referred to as "Public Road Right-of-Way Area"), and
WHEREAS,County finds it necessary to rebuild and improve Weld County Road 49 Extension
(Parkway), which will involve said road's realignment and construction, (hereinafter referred to as
"Road Improvement Project"), and
WHEREAS, County requires said Public Road Right-of-Way in order to complete said Road
Improvement 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 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 Four Thousand One Hundred Forty and
no/100 Dollars,($4,140.00).The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
2. Owner warrants that he/she/it is the owner of the Public Road Right-of-Way and will
defend title thereto against all claims.
3. Owner agrees to grant the Public Road Right-of-Way to County by Quit Claim Deed,
free and clear of all liens and encumbrances, except existing easements.
4. Owner shall retain the mineral estate under the Public Road Public Road Right-of-Way,
including all oil and gas interests,and shall also retain any water rights and dry up rights
currently attached to or associated with the Right-of-Way.
Agmt for Purchase of ROW—Immed Possession Before Closing Page
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5. Owner shall deliver the fully executed Quit Claim Deed to County upon the date of
closing which shall be no later than ten (10) days following the County's execution of
this Agreement.
6. Owner shall pay any encumbrance associated with the Public Road Right-of-Way 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 Quit Claim 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.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall pay for the cost of obtaining title insurance if County desires to obtain title
insurance for the Public Road Right-of-Way.
2. County shall pay all fees associated with recording the Quit Claim Deed.
3. The parties agree that County shall pay Four Thousand One Hundred-Forty Dollars
and 00/100 dollars($4,140.00)to Owner for the Public Road Right-of-Way by County
warrant at the date of closing if agreement is signed and returned on or before
September 18, 2015.
4. Weld County will blade the existing Right of Way between the north edge of the US 34
westbound acceleration lane and the existing concrete irrigation ditch to enable roadway
storm flow to drain into the additional Roadway Storm-flow Detention Area(RSFDA),
but still provide for a single lane along the east side of the western edge of the additional
RSFDA for farm vehicles to drive on; and
5. Weld County will seed the additional RSFDA, mow, and maintain it as needed; and
6. Weld County will create a drainage ditch and install a reinforced concrete pipe(RCP)of
adequate size and length to convey roadway storm flow past the existing irrigation tail
water pond (located in the northeast corner of subject property) and into the existing
culvert under the roadway which drains into the RSFDA on the east side of WCR49
southeast of the subject property; and
7. Weld County will excavate said RSFDA on the east side of WCR49 southeast of the
subject property to its maximum length and depth in order to provide enough capacity to
detain the maximum quantity of roadway storm flow possible; and
8. Weld County will facilitate the construction of the commercial driveway designed with
6" Hot-Mix Asphalt over 12" ABC Class 6 from WCR49 into the subject property
before the roadway is opened for public use.
ROW-Immed Possession Before Closing Page 2
Agmt for Purchase of g
g
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Carly Koppes. Clerk and Recorder, Weld County, CO
Li, Ill III
MISCELLANEOUS:
1. Although the date of the closing for the Right-of-Way shall be the date of the delivery of
the Quit Claim Deed, it is expressly agreed by the parties hereto that upon execution of
this Agreement by County and Owner,County,its contractors,agents,employees and all
others deemed necessary by County shall have the irrevocable right to possess and use
said Public Road Right-of-Way for the purpose of constructing the Road Improvement
Project and for its daily operation,access and maintenance.This conveyance shall entitle
County to utilize said property for the construction, operation, access, repair and
maintenance of said project, including the rights of entry upon, passage over, and
deposit of excavated earth, and storage of material and machinery upon such Public
Road Right-of-Way as may be useful and necessary.
2. This Agreement and the transfer of the Public Road Right-of-Way 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.
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.
Agmt for Purchase of ROW-Immed Possession Before Closing Page 3
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Carly Koppes, Clerk and Recorder; Weld County; CO
■����!��Rt�t t��:�l��'Ia �'M'w��'�R��4'G.�+F'� w��1 a..i�'r�� "Ill
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
HOS (HIKO LAND, LLC
By: 4 By:_
Title: c row t ��(e.-�-•o� c�- Title:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COL RADO
ATTEST: LK(,,1 ;t_ lam( lz y� c
ato;ti 'Chair
SEP 1 6 2015
Weld County Clerk to the Board . .
s La
BY 442
Deputy C rk to the B.Ff tut
Agmt for Purchase of ROW-Immed Possession Before Closing Page 4
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Carly Koppes; Clerk and Recorder, Weld County, CO
VIII F1R I !ftifiNliFlekLh CIA ®I III
RE: RIGHT-OF-WAY AGREEMENT FOR HOSHIKO PARKWAY
ATTEST: daritte1) `:"14"41 BOARD OF COUNTY COMMISSIONERS
Weld Clerk to the oard WELD COUNTY, CO ORADO
BY: &LLvLLC- r
eputy CGerk t the B d Barbara Kirkmeye , Chair SEP 1 6 2015
IS 11.sz
APPROVED AS TO FUND y ,/ PPROVED AS T S BSTANCE:
4,0
Controller / ��:` ' `le s a-lcial or Department Head
APPROVED AS TO FORM: � ,,,`I IN)/�
Director of General Services
County Attorney
4147232 Pages: 5 of 9 ����- �p�/�
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Carly Koppes, Clerk and Recorder; Weld County.. CO
■III M1�1R��t R��JGfi�L+�1'I1;�1�4�1'M i���i���Y',4frh+iulL,'�p �I II
EXHIBIT_A SE I/4 S13-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION
13, TOWNSHIP 5 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. 1662267 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST
AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH
HALF OF THE SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF
1320.93 FEET TO THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE
65 WEST ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 89'57'25" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A
DISTANCE OF 156.04 FEET;
THENCE DEPARTING SAID LINE NORTH 00'02'35" WEST TO A POINT WHICH INTERSECTS THE
NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 AND THE WESTERLY RIGHT-OF-WAY LINE OF
WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 120.00 FEET;
THENCE NORTH 36'35'02" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 92.23
FEET TO THE POINT OF BEGINNING.
THENCE NORTH 00'20'37" WEST A DISTANCE OF 977.05 FEET;
THENCE NORTH 89'39'23" EAST A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'20'37" WEST TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 150.00 FEET;
THENCE ALONG SAID NORTH LINE SOUTH 89'55'44" EAST TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00'20'37" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1087.05 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 36'35'02" WEST A DISTANCE OF 49.93' FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 30,212.38 sf. OR 0.69 cc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
WELD COUNTY DEPARTMENT
RIGHT OF WAY
lg� OF PUBLIC WORKS
ACQUISITION I II WCR 49 EXTENSION
1' '', r --- PROJECT
r pHOSHIKO LAND LI,C PROJECT NO: SRP-z3 SCA,_E
WI-I D COI NTY. COLORADO G O u NTY
IDATE 9-11-15 DRAWN 6Y DIM S'EET Iot2
4147232 Pages: 6 of 9
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Carly Koppes. Clerk and Recorder. Weld County CG
■III!!!rrArii'i,�I i I�+���'h�J:it,hair�llo:�!I Iii.ilk, "III
EXHIBIT-A SE ;4 S 3-T5N R65vV
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S13-T5N-R65W
FND 3 1/4" A.C.
STAMP LS#22098 2005
R R 1E
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NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND L4 I I
SURVEY OR LAND SURVEY PLAT. I
IT IS INTENDED TO ILLUSTRATE THE APPROX. LOCATION OF • 1 0'
ATTACHED PROPERTY DESCRIPTION EXISTING ACCESS —
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LINE TABLE 0 NI- 1
LINE BEARING DISTANCE RIGHT—OF—WAY ACQUIRED
30,212.38 sf. OR 0.69 ac.t I
L1 S89'57'25"W 156.04' (iN
L2 N00'02'35"W 120.00' 'o I
L3 N36'35'02"E 92.23' i fk, I N
L4 N89'39'23"E 20.00' '1 , 8 I
L5 N00'20'37"W 150.00' Z I
L6 S89'55'44"E 10.00'
L7 S36"35'02"W 49.93' F___It-
P.0.8. B I
I
&-
I
EXISTING R.O.W. (CDOT)
BK-1305/RECP.#2257398 :,
JUL. 25, 1991
US HW 1! 3 o N
JS89'57'25"W -- LJ\veiiiP.O.C.
SE COR S13-T5N-R65W /
FND 3 1/4" A.C.
STMP.CDOT LS#17508
1992 IN MON. BOX
WELD COUNTY DEPARTMENT
RIGHT OF WAY '.4-Z1/4'..,, ,M1,4 :,iOF PUBLIC WORKS
ACQUISITION
VvCR 49 EXTENSION
PROJECT
FI0SHIKO LAND LLC cRo.,ECT NO SRP-23 13CAJ_ 1°=200
Vv I I)COLIN"I Y. COLORADO I C C_U N2---Y
DATE: 9-I 1-15 DRAAN BY 1)121i SHEET 2()t2
4147232 Pages: 7 of 9
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Carly Koppes, Clerk and Recorder, Weld County.. CO
1111 fr f"IZFe:Elk AYFJ,4.,Net rIiMW'i i L'ki'klloi, II III
EXHIBIT-A SE I/4 S13-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION
13, TOWNSHIP 5 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. 1662267 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST
AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH
HALF OF THE SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF
1320.93 FEET TO THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE
65 WEST ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 89'57'25" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A
DISTANCE OF 156.04 FEET;
THENCE DEPARTING SAID LINE NORTH 00'02'35" WEST TO A POINT WHICH INTERSECTS THE
NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 AND THE WESTERLY RIGHT-OF-WAY LINE OF
WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 120.00 FEET;
THENCE NORTH 36'35'02" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 92.23
FEET TO THE POINT OF BEGINNING.
THENCE NORTH 00'20'37" WEST A DISTANCE OF 977.05 FEET;
THENCE NORTH 89'39'23" EAST A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'20'37" WEST TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 150.00 FEET;
THENCE ALONG SAID NORTH LINE SOUTH 89'55'44" EAST TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00'20'37" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1087.05 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 36'35'02" WEST A DISTANCE OF 49.93' FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 30,212.38 sf. OR 0.69 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
RIGHT OF WAY WELD COUNTY DEPARTMENT
X861 OF PUBLIC WORKS
ACQUISITION
• WCR 49 EXTENSION
PROJECT
HOSHIKO LAND LLC 71N PROJECT NO: SRP-23 SCALE:
WELD COUNTY,COLORADO �- C Q U_N-f'
4147232 Pages: 8 of 9 DATE: 9-11-15 DRAWN BY: DRH SHEET: 1 of 2
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Carly Koppes. Clerk and Recorder, Weld County, CO
EXHIBIT-A SE 74 S13-T5N-R65W
S 1/16 COR
v?.R• w ';‘Y O2 S13-T5N-R65W
_,v. -,7, : ?'() FND 3 1/4" A.C. = , . _.
3/RE-*C'40 STAMP LS#22098 2005
R R R
L6 i
L51
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND L4 1 , 1
SURVEY OR LAND SURVEY PLAT. 1
IT IS INTENDED TO ILLUSTRATE THE APPROX. LOCATION OF 140'
ATTACHED PROPERTY DESCRIPTION EXISTING ACCESS
ONLY. - -S-
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RECP.# 1662267 0 A 0 m I
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LINE TABLE I
1 N
RIGHT-OF-WAY ACQUIRED
LINE BEARING DISTANCE �'
30,212.38 sf. OR 0.69 ac.± I
L1 S89'57'25"W 156.04'N00'0 L2 '35"W 120.00' �` '-
2
L3 N36'35'02"E 92.23' - l ")-1
L4 N89'39'23"E 20.00' 1 '0 1
L5 N00'20'37"W 150.00' , Z 1
L6 S89'55'44"E 10.00'
L7 S36'35'02"W 49.93
P.O.B. B 1
, .-
ICt
EXISTING R.O.W. (CDOT) " o
BK-1305/RECP.#2257398
JUL. 25, 1991
jw � 0 I P.O.C.
Us N J
--- -- -- - - - - - S89'57'25"W . L1 -
SE COR S13-T5N-R65W /
FND 3 1/4" A.C.
STMP.CDOT LS#17508
1992 IN MON. BOX
RIGHT OF WAY WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION
/' _ WCR 49 EXTENSION
\:�s / PROJECT
T-MST T,ANT) T,I,C tl.a��L I PROJECT NO: SRP-23 SCALE: 1"=200
uNTY
4147232 Pages: 9 of 9 o 2
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Carly Koppes. Clerk and Recorder, Weld County, CO
1111 Mirdlinkilli �iiii 4F11,:In"gt Wil Mra 1CV viii i',kYiiiiii BIM I
,1861 MEMORANDUM
TO: Clerk to the Board DATE: 12/11/2015
w_GoULNTY
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc# 2015-3014
Warranty Deed with Hoshiko Land LLC pertaining to the WCR 49 road improvement.
RECEIVED
DEC 14 2015
WELD COUNTY
COMMISSIONERS
M:Wrancie'AGENDA memos'Agenda-Leon-I.doc
QA-4&1100 NIP .CL- plx)( s/iTlre-) e-goo7a_
-al- /t /Mlle
WARRANTY DEED
sr
THIS DEED made this day of 20✓5—, between Hoshiko Land
LLC 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: 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.
4169079 Pages: 1 of 5
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Carly Koppes Clerk and Recorder, Weld County, CO"
1111 PI1 D NAMIN IIIVAM lL' NT.O:.Y,114, till
oZo/5-s3ai'
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
HOSHIKO LAND LLC
Dennis Hoshiko, General Manager
State of )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
20 , by Dennis Hoshiko, General Manager for Hoshiko Land, LLC, Owners.
Witness my hand and official seal.
Notary Public
My commission expires:
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Carly Koppes. Clerk and Recorder, Weld County, CO
III
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
s the above deeded property as Public
through Board of County Commissioners, hereby accepts p p y
g P
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this pZ/Sr- day of , 2015.
ATTEST: ,d wU �• �-\�' COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS OF STATE OF COLORADO
THE COUNTY OF WELD
B • �i BY: �� 1
De ty Clerk to the Board Barbara Kirkmey r, Chair DEL 2 1 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 p��� day of
,��� , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Pu c
My commission expires: CHERYL LYNN HOFFMAN
/� NOTARY PUBLIC
/�
/ / O/ STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
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Carly Koppes, Clerk and Recorder, Weld County, CO 7 o �O/�
EXHIBIT-A SE 1/4 S13-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION
13, TOWNSHIP 5 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. 1662267 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST
AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH
HALF OF THE SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF
1320.93 FEET TO THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE
65 WEST ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 89'57'25" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A
DISTANCE OF 156.04 FEET;
THENCE DEPARTING SAID LINE NORTH 00'02'35" WEST TO A POINT WHICH INTERSECTS THE
NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 AND THE WESTERLY RIGHT-OF-WAY LINE OF
WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 120.00 FEET;
THENCE NORTH 36'35'02" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 92.23
FEET TO THE POINT OF BEGINNING.
THENCE NORTH 00'20'37" WEST A DISTANCE OF 977.05 FEET;
THENCE NORTH 89'39'23" EAST A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'20'37" WEST TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 150.00 FEET;
THENCE ALONG SAID NORTH LINE SOUTH 89'55'44" EAST TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00'20'37" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1087.05 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 36'35'02" WEST A DISTANCE OF 49.93' FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 30,212.38 sf. OR 0.69 oc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED 8Y LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY. COLORADO.
LEON W. SIEVERS
PLS 23520
RIGHT OF WAY" ......:41.8_6.1,0(...,iW WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ACQUISITION I r ' - 1 WCR 49 EXTENSION
1: r PROJECT
HOSHIKO I,ANI) IAA: . L?, I ' PROJECT NO SRP-21 SC4,E
wI I I)CO( NTr.COI OK:AI)O -C O U N T Y
l` �4TE y-11-15 !DRAWN ET DRI C-'EET I o1 2
41472 2 Pages: 6 of 9
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1 / e C er n R or er. el Co ty. CO I 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00
Ca ly o iIJ' ' ,I�� i�� Carly Koppes, Clerk and Recorder, Weld County, CO
�,i� �, ti , �� T 11 IIIII kirRell Nri Will IA IiiIMILITI ,FJ y lid Bill
EXHIBIT-A SE 4 S 3-T5N R650/
S 1/16 C0R
S13-T5N-R65W
FND 3 1/4" A.C. I
STAMP LS#22098 2005
R R R
L6,
L5 1
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND L4 I
SURVEY OR LAND SURVEY PLAT. 1
IT IS INTENDED TO ILLUSTRATE THE APPROX. LOCATION OF ' I 1 0'
ATTACHED PROPERTY DESCRIPTION EXISTING ACCESS I
ONLY. ` I
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HOSHIKO LAND LLC 1 Q
RECP.# E662267 N lb I m 1•0 o I 1
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LINE TABLE 0 N I-
1
LINE BEARING DISTANCE RIGHT—OF—WAY ACQUIRED 1
— 30,212.38 sf. OR 0.69 ac.t
L1 S89'57'25"W 156.04'-L2 N00'02'35"W 120.00' '1 $ 11
_or')
L3 N36'35'02"E 92.23' ', I`y I
L4 N89'39'23"E 20.00' 1 , .8 1
L5 N00'20'37"W 150.00' (z
L6 S89'55'44"E 10.00'
L7 536'35'02"W 49.93' I I-R 1
P.O.B. 1 B i 1
I.-. 1
, rn
a
I
EXISTING R.O.W. (CDOT) '!3
BK-1305/RECP.#2257398 I'-'
JUL. 25, 1991
— - - - - - - � o - - - - - - N P.O.C.US HWY 34 J
- - - - - - S89'57'25"W _L L1 I -. -
SE C0R S13-T5N-R65W /
FND 3 1/4" A.C.
STMP.CDOT LS#17508 ,
1992 IN MON. BOX
WELD COUNTY DEPARTMENT
RIGI IT OF WAY i86i.eA OF PUBLIC WORKS
I ACQUISITION ; - -
1 , WCR 49 EXTENSION
, .� t �I ', � ' PROJECTEIOSHIKO LAND LLC .1"
Y =ROE T N SRh-23 i '=zllu
WI.I I)l'Ol,NIl.l'r)LOR. DO G O_- N -
JAr= ')-I I-15 IDR/3NN BY URI k1FFT 'nr"
414723 ag of 9
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