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Home My WebLink About20153423.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES BELL AND DONALD BELL 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 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 James Bell and Donald Bell, 7447 CR 49, Hudson, Colorado 80642, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and James Bell and Donald Bell, 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. 2015-3423 cc �w(_s/-r3) 11 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - JAMES BELL AND DONALD BELL 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 WELD COUNTY, COL RADO ATTEST: - - ,caftitytJ ;ek rbara Kirkmeyer, hair Weld County Clerk to the Board ( ' I • Mike Freeman, Pro-Tern ■-•uty Clerk t• the Board E£ ' I an P. Con ay APPROVED AS TO FORM: 1861 O 4v. it i 0 ()- - - , .- • . Cozad ounty Attorney u N�� /94-1.7--\_12,-,d---- Steve Moreno Date of signature: 1►(4 2015-3423 EO0072 I MEMORANDUM zi T �' J TO: Clerk to the Board DATE: October 5, 2015 uNTY FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with James F. Bell and Donald Keith Bell. RECEIVED OCT 06 2015 WELD COUNTY COMMISSIONERP M Trancie\AGENDA memos\Agenda-Leon-1 doc 2015-3423 1 \ 3 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN JAMES F. BELL AND DONALD KEITH BELL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this y day of�C7/ , 2015, by and between James F. Bell and Donald Keith Bell, whose address is 7447 CR49, Hudson CO 80642, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as (`'Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand, Eight Hundred Thirty Four and 00/100 Dollars, ($3,834.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easements described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Eighty Five and 00/100 4153583 Pages: 1 of 9 ,d • ..J V"- 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO lIII!!!rwit�'i��iii Lr�la'« I',di IX. 1F1, BI II I Dollars ($385.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before September 28, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 9. Owner shall retain the mineral estate under the Public Road Right-of-Way 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. 10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other 4153583 Pages: 2 of 9 10/28/2015 10:50 AM R Fee:$0.00 $0.00 Pag e.c 2 of 5 Carly Koppes; Clerk and Recorder, Weld County. CO III 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 Five Thousand, Four Hundred Eighty Five Dollars ($5,484.00) 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 28, 2015. If the agreement is not signed and returned on or before September 28, 2015, the County shall maintain its current offer of Fair Market Value of Four Thousand, Two Hundred Nineteen Dollars ($4,219.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, 4153583 Pages: 3 of 9 10/28/2015 10:50 AM R Fee:$0.00 $0.00 Page 3 01 5 Carly Koppes, Clerk and Recorder. Weld County, CO ■III�i�1 ,��'n�I 'I��'��Nr� I'�4a KIM lu III • ' r 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. 4153583 Pages: 4 of 9 10/28/2015 10:50 AM R Fee:$0.00 $0.00 Page 4 of 5 Carly Koppes, Clerk and Recorder. Weld County, CO Old • IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: James F. Bell and Donald Keith Bell *vsz„; By: Title: By: 1)&►- // k Pet�yn Title: ATTEST: d� ,1iEo;‘,k. BOARD OF COUNTY COMMISSIONERS Clerk the Board WELD COUNTY, C LORADO Weld nt to , BY: `1�4re� .�L✓./�.cl: �� « CiL� Deputy C 'rk to the B :arbara Kirkmeyer, Chair CT 2 6 ZC t‘ APPROVED AS TO FUN PPROVED AS STANCE: OV.461en• Controller 1 cial or Department Head APPROVED AS TO FORM: NI (A Ps Director of General Services County Attorney Page 5of5 10/28/ 30 Pages: 5 ofee 9 6/5-3 Carly 2015 1Cler An R F el t( Carly Koppes. Clerk and Recorder; Weld County, CO 1111 F.1,'d��'�� Y I��ti��!�h�i'Tour EXHIBIT-1 1 3—BELL—ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half of the Northeast Quarter of the Southeast Quarter (51/2 NE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by a #6 rebar with a 2' diameter aluminum cap stamped LS25937, 1997" at the South end and by a #6 rebar with a 2 diameter aluminum cap stamped LS25937, 1998 at the North end, as bearing North 01'02'22' West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North O1'02'22 West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 1319.22 feet to the Southeast corner of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25; THENCE South 88'59'39 West along the South line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 40.00 feet to the West Right—of—Way line of Weld County Road No. 49, said West Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 25, said point being the POINT OF BEGINNING; THENCE continuing South 88'59'39" West along the South line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 55.12 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 East a distance of 406.47 feet to a Point of Tangency (PT), said curve having a radius of 13204.00 feet, a central angle of 01'45'50 and a long chord bearing North 01'51'42-' West a distance of 406.46 feet; THENCE North 00'58'48" West a distance of 253.34 feet to the North line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25; THENCE North 89'04'41 East along the North line of the South Half of the Northeast Quarter of the Southeast Quarter (51/2 NE1/4 SE1/4) of said Section 25 a distance of 60.69 feet to said West Right—of—Way line of Weld County Road No. 49; THENCE South 01'02'22 East along said West Right—of—Way line of Weld County Road No. 49 a distance of 659.67 feet to the POINT OF BEGINNING. Said parcel of land contains 39,414 sq. ft. or 0.905 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25. Said existing Right—of—way contains 26,386 sq. ft. or 0.606 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. DO ` 'q c o. :S 38106 vii; Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION aka�� OF PUBLIC WORKS Rw-3 � ► WCR 49 CORRIDOR PROJECT BETWEEN 1-76& WCR 18 JAMES AND DONALD BELL \1�CR 49 hI\. SURt'I:NORS PROJECT HO SRP-26 SCALE: 1"=1-",0' t\FLD( )1'\TY_CO1 OR Vl)O �r., DATE: 2-17-I j CRAWN B'r C'DL SHEET 1 of 2 4153583 Pages: 6 of 9 10/28/2015 10:50 Am R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII M�� A�Q!lid Irk IIP, EXHIBIT-A E 1/4 S25-T2N-R65W FND #6 RB W/ 2" AC STAMPED LS 25937 1998 1 j 40' EXISTING RIGHT-OF-WAY IN MON. BOX L3 BOOK 1053 PAGE 132 — -- RECEPTION No. 831473 ,n z N � W 0] 1 JAMES & DONALD BELL PARC.#130725000013 Z m RECP.#1634206oi "tI to 05 co to c0 W N 1 ADDITIONAL RIGHT—OF—WAY ACQUIRED Csl CV 39,414sf.± OR 0.905ac.± • o ,N v -2;• NOncE Z 1 40' EXISTING RIGHT OF WAY According to Colorado law you must commence any legal action based BOOK 1057 PAGE 27 upon any defect in this survey within three years after you first RECEPTION No. 836574 discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) CJ NOTE: This exhibit drawing is not intended to be a monumentalized W land survey. It's sole purpose is as a graphic representation to old in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. L1 L2 30' EXISTING RIGHT-OF-WAY • POINT OF BEGINNING BOOK 83 PAGE 298 'I l Ijc;) LINE TABLE LINE BEARING LENGTHPOINT OF COMMENCEMENT L1 S88'59'39"W 40.00' SE COR S25-T2N-R65W L2 S88'59'41"W 55.12' FND #6 RB W/2" AC STAMPED LS 25937 1997 L3 N89'04'39"E 60.69' IN MON. BOX CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING C1 406.47' 13204.00' 1'45'50" 406.46' N01'51'42"W RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS 1 (FEED \ ► . WCR 49 CORRIDOR PROJECT BETWEEN 1-76 & WCR 18 JAMES & DONALD BELL KING SU \R 1.1'(IRS PROJECT NO: SRP-26 SCALE: 1"---150' JCR 19 WELD COUNTY COI.( RAD() ""' DATE: 2-17-15 DRAWN BY CDL SHEET 2 01`2 4153583 Pages: 7 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koopes. Clerk and Recorder. Weld County. CO ■III MIF.?Wirt rir:i M?.•IONI ' N,11 11: MI Ir IC), 11111 EXHIBIT-B 3-BELL-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped -LS25937, 1997" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped -LS25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22" West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 1319.22 feet to the Southeast corner of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25; THENCE South 88'59'39" West along the South line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 95.12 feet to the POINT OF BEGINNING; THENCE continuing South 88'59'39" West along the South line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 20.01 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 East a distance of 406.48 feet to a Point of Tangency (PT), said curve having a radius of 13224.00 feet, a central angle of 01'45'40" and a long chord bearing North 01'51'38" West a distance of 406.47 feet; THENCE North 00'58'48" West a distance of 253.37 feet to the North line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25; THENCE North 89'04'41" East along the North line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 20.00 feet; THENCE South 00'58'48" East a distance of 253.34 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 406.47 feet to the POINT OF BEGINNING, said curve having a radius of 13204.00 feet, a central angle of 01'45'50" and a long chord bearing South 01'51'42" East a distance of 406.46 feet; Said strip of land contains 13,197 sq. ft. or 0.303 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. 2 38106 y °' • o ff i9 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4a r,✓ OF PUBLIC WORKS AC Q Te-3 *111 WCR 49 CORRIDOR PROJECT JAMES BETWEEN I-76&WCR 18 AND DONALD BELL WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 6,io E.Garden Dove I R"md=or,Colorado ROSS( WRLII CC)1?NTY ('(ll(lRAf(1 nf<r@Khrgtiun eyancom DATE: 2-17-15 DRAWN BY: CDL SHEET: 1 of2 4153583 Pages: 8 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III!�!��i'�R h�T'� ��I�i�'I��«'�y�lt�i 'i Y�ti'�I+��!�� 111111 EXHIBIT-B E 1/4 S25-T2N-R65W FND #6 RB W/ 2" AC STAMPED LS 25937 1998 I 40' EXISTING RIGHT—OF—WAY IN MON. BOX L3 BOOK 1053 PAGE 132 _ . . — . RECEPTION No. 831473 'co N) V)) I ..-. ri ri I '� N Z 0_ I-.1 / W I .m I . JAMES & DONALD BELL L.,. PARC.#130725000013 Z 0 RECP.#1634206 i ..4 r n ii •N I 20' TEMPORARY EASEMENT ACQUIRED 0I, S, 13,197sf.t OR 0.303ac.f I— I = cV _O N J . I I if;)NOTICE Oz ' 40' EXISTING RIGHT OF WAY According to Colorado low you must commence any legal action based N F BOOK 1057 PAGE 27 upon any defect in this survey within three years after you first V — RECEPTION No. 836574 discover such defect. In no event may any action based upon any rn I defect in this survey be commenced more than ten years from the i 1 Nr date of the certification shown hereon. (13-80-105 C.R.S. 2012) U NOTE: This exhibit drawing Is not Intended to be a monumentallzed land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it I accompanies. The written property description supersedes the exhibit ' drawing. POINT OF BEGINNING ( I - L2 L1 �'\ 30' EXISTING RIGHT-OF-WAY LINE TABLE BOOK 83 PAGE 298 I LINE BEARING LENGTH L1 S88'59'40"W 95.12' N a' L2 S88'59'33"W 20.01' r%) POINT OF COMMENCEMENT SE COR S25-T2N-R65W L3 N89'04'41'E 20.00' FND #6 RB W/2" AC STAMPED LS 25937 1997 IN MON. BOX CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING C1 406.48' 13224.00' 1'45'40" 406.47' N01'51'38"W C2 406.47' 13204.00' 1'45'50" 406.46' S01'51'42"E TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION +a P.1.0 OF PUBLIC WORKS ® \� ►1. WCR 49 CORRIDOR PROJECT BETWEEN I-76&WCR 18 JAMES & DONALD BELL KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=150' WCR 49 630E.Garden Drive I Windsor.Colondo 80550 WELD COUNTY.COLORADO _...—,.,--• . 'nfnnKngsnrvey'rc<.cnm DATE: 2-17-15 DRAWN BY: CUL SHEET: 2 oft 4153583 Pages: 9 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder.. Weld County. CO ■III k!iiiiiIi'■ liiii«llini*VI iii Diliii I�CIW1Mt Niiiiiii iYlli II III MEMORANDUM AIL TO: Clerk to the Board DATE: November 24, 2015 G_pUNTY FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc#2015-3423 RECEIVED Warranty Deed with James F. and Donald Keith Bell. NOV 2 5 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 66:g4)(Ls l r&) DAR1.5LJJ age4c`-• /ot-7- /(' .9016- SiAS i -1- 1 igla/i5 WARRANTY DEED THIS DEED made this /�� day of &I./74141, 20, , between James F. Bell and Donald Keith Bell 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 7447 Weld County Road 49, Hudson, 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. 4164543 Pages: 1 of 5 12/10/2015 12:38 PM R Fee:Carly Koppes, Clerk l and Recorder$0.00 �cunty$L0o00 III !��lll�IW�«h.I�l�'I�� 1 ��' II��I�I III��f��l�l 11111 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 67,,,-7Zi) V ‘(j/7 ki V- re:}1 ' JAMES F. BELL, Owner DONALD KEITH BELL, Owner State of LA �u Cu��f ) )ss. County of (A)L=am") ) The foregoing instrument was acknowledged before me this Z,=1-- day of \\-)0,) vti, r, 20 I 5, by James F. Bell and Donald Keith Bell, Owners. Witness my hand and official seal. (—IN tary Public /� My commission expires: -' . O __ 17 LE��NVY SIEVERS PUBLIC STATE OF COLORADO NOTARY ID 20011024300 MY COMMON EIIPIRESMl0U8T 8,2017 4164543 Pages: 2 of 5 12/10/2015 12:38 PM R Fee:$0.00 D Fee: Carly Koppel, Clerk and Recorder, Weld CoFer:$ Oki, /III IY.I�lI MIli��l alit liiii f ��liJhi tunICH CONC ki, 11III 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 1 day of , 2015. ATTEST: ddit){0) 4-1do;c.i 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 7.40�� BY: fLh %%61 ft"r•' BY D y Clerk to e Boar OP' 4k,) arbara Kirkme er, Chair 0krOIC BOARD OF C UNTY DEC 0 7 ma COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary P lic �,/ CHERYL LYNN HOFFMAN My commission expires: /0.2J//,ZD/7 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES UEC. 19, 2018 4164543 Pages: 3 of 5 4,20/5—_ 3 4/oZ3 12/10/2015 12:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III I��f�II��I�iMI ��M��'�I�I'� � w�i NI'�f�ti�h 11111 EXHIBIT-A 3-BELL-ROW PROPERTY DESCRIPTION A parcel of land being port of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped 'LS25937, 1997" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped 'LS25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22- West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 1319.22 feet to the Southeast corner of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25; THENCE South 88'59'39 West along the South line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 40.00 feet to the West Right—of—Way line of Weld County Road No. 49, said West Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 25, said point being the POINT OF BEGINNING; THENCE continuing South 88'59'39" West along the South line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 55.12 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 East a distance of 406.47 feet to a Point of Tangency (PT), said • curve having a radius of 13204.00 feet, a central angle of 01'45'50' and a long chord bearing North 01'51'42" West a distance of 406.46 feet; THENCE North 00'58'48" West a distance of 253.34 feet to the North line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25; THENCE North 89'04'41" East along the North line of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25 a distance of 60.69 feet to said West Right—of—Way line of Weld County Road No. 49; THENCE South 01'02'22" East along said West Right—of—Way line of Weld County Road No. 49 a distance of 659.67 feet to the POINT OF BEGINNING. Said parcel of land contains 39,414 sq. ft. or 0.905 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 25. Said existing Right—of—way contains 26,386 sq. ft. or 0.606 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. •C) pa hmN,3 % '� p ". % 7�,7 38106 Y O a v N O • >- ▪7 ��A� A` 'PO ..... ...•. Jam.:' o o 11 + V Igo =E' Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 1PPo0 RIGHT OF WAY A�- WELD COUNTY DEPARTMENT o r—°6ACUISITION m �44 OF PUBLIC WORKS Q ��►�. WCR 49 CORRIDOR PROJECT I BETWEEN I-76& WCR 18 JAMES AND DONALD BELL WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=150' I c,J, a \\innkorc i ,i s' > WELD COUNTY,COLORADO E,i„ ��;,,O ,i1 F"a0 _,'."„"" DATE 2-17-15 DRAWN BY CDL SHEET: 1 of2 EXHIBIT-A E 1/4 S25-T2N-R65W FND #6 RB W/ 2" AC STAMPED LS 25937 1998 , i IN MON. BOX l 40' EXISTING RIGHT-OF-WAY L3 BOOK 1053 PAGE 132 - - - — • • — • • — RECEPTION No. 831473 M N Ni 0 ,n Z N E2 a W CO JAMES & DONALD BELL 1 PARC.#130725000013 Z m RECP.#1634206 1 Cr; nt co co in t0 w N e ADDITIONAL RIGHT—OF—WAY ACQUIRED ci 3 39,414sf.± OR 0.905ac.± S o 3 cv O -cc;• NOTICE Z I 40' EXISTING RIGHT OF WAY According to Colorado low you must commence any legal action based BOOK 1057 PAGE 27 upon any defect In this survey within three years after you first RECEPTION No. 836574 discover such defect. In no event may any action based upon any defect In this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) U NOTE: This exhibit drawing is not intended to be a monumentaiized land survey. It's sole purpose is as a graphic representation to aid in sy the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. L1 30' EXISTING RIGHT-OF-WAY POINT OF BEGINNING ~ BOOK 83 PAGE 298 I i LINE TABLE •,4 Npa LINE BEARING LENGTH N rn ;41. L1 S88'59'39"W 40.00' POINT OF COMMENCEMENT I_- o NJ41 SE COR S25-T2N-R65W M L2 w L2 S88'59'41"W 55.12' FND #6 RB W/2" AC .at STAMPED LS 25937 1997 •-_-�N L3 N89'04'39"E 60.69' IN MON. BOX / to - x' _ • CURVE TABLE a In - 1 73 U CURVE LENGTH RADIUS DELTA CHORD CH BEARING • -▪ 'mo m m C1 406.47' 13204.00' 1'45'50" 406.46'' NO1'51'42"W o eam RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT M o' ACQUISITION ‘� �� OF PUBLIC WORKS �;,� Q CS) lad ►�. WCR 49 CORRIDOR PROJECT K m BETWEEN I-76&WCR 18 z 00 JAMES & DONALD BELL o• WCR!9 KING SURVEYORS'YORS PROJECT NO: SRP-26 SCALE: I"=150' Ent Garden DrIve I WIndsor,Colorado 8D. n !l WELD COUNTY.COLORADO plro' '''7" '''''-'"II '""a az— DATE: 2-17-15 DRAWN BY: CDL SHEET. 2 of Hello