HomeMy WebLinkAbout20151002.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 - JOHN AND LOUISE SCHMIDT JR.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and John
and Louise Schmidt Jr., 23771 County Road 50, La Salle, Colorado 80645, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way
and Temporary Construction Easement for Certain Improvements to County Road 49 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, and John and Louise Schmidt Jr. 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.
CC PvJ(Fe-/LS) 4/9A
2015-1002
EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - JOHN AND LOUISE SCHMIDT JR.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �C1�D,,/ :�,C/ /�
y B_rba yev, Chair /
Weld County Clerk to the Board T j�
• Mike Freeman, Pro-Tem
ty Clerk to the Board }
La a Sean P. Conway �/ r /`7
APPROVED AS TO FORM: l ' �� .Cor, '! `al
' ��""•. .��lie A. Cozad LJ
„*,co I 361
County Attorney
4 ''1 . ` \"I teve Moreno
Date of signature: !/LP
2015-1002
EG0072
•
11861 : MEMORANDUM
sTEI�
tAt �� TO: Clerk to the Board DATE: April 7, 2015
V� GOLNTY
FROM: Leon Sievers, 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 John Schmidt. Jr. and Louise M. Schmidt.
RECEIVED
, -,
WELD COUNTY
COMMISSIONERS
NI Frncae V,,INDA memos:Lends-Lcnn_l doc
2015-1002
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN JOHN
SCHMIDT,JR., AND LOUISE M. SCHMIDT AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this /3 day of 1t---, 2015, by and between
JOHN SCHMIDT, JR., AND LOUISE M. SCHMIDT, whose address is 23771 County Road
50, La Salle, CO 80645, hereinafter collectively referred to as "Owner," and the COUNTY OF
WELD, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as ("Public Road Right-of-Way"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B"
(hereinafter referred to as ("Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, County requires a Temporary Construction Easement(s) in order to
construct the Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell at closing and County agrees to purchase the Public Road
Right-of-Way shown and/or described on Exhibit "A" (a copy of which is
attached hereto and made a part hereof by this reference), for the sum of Thirteen
Thousand Three Hundred Seventy Six Dollars, (513,376.00). The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
2. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "B" (a copy of which is attached
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Carly Koppes. Clerk and Recorder. Weld County. CO
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hereto and made a part hereof by this reference), for the sum of One Thousand
Five Hundred Ninety Seven Dollars, ($1,597.00). 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 April 2, 2015,
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 of closing and
shall expire and be of no further force or effect on January 1, 2018, or upon the
completion of the 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
Ni'p� Temporary Construction Easement, and shall also retain any water rights
Nco
'? currently attached to or associated with the Public Right-of-Way and Temporary
a.gmN Construction Easement.
N
+_ON 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)
alL_a1/1 days following the County's execution of this Agreement.
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-Ta m: 11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way
-m. and the Temporary Construction Easement which is required to be paid,
z• •-• including, but not limited to, a prorated amount of the property taxes, and any past
sam 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
Tg security or other ownership interest in the Public Road Right-of-Way and
ir
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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 Nineteen Thousand Four Hundred Sixty Five Dollars
($19,465.00) 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 April 2, 2015. If the agreement is not signed and
returned on or before April 2, 2015, the County shall maintain its current offer of
Fair Market Value of Fourteen Thousand Nine Hundred Seventy Three Dollars
($14,973.00) 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. County shall at closing pay in the amount of Forty One Thousand Thirty Dollars
($41,030.00) for replacement of the underground irrigation pipe after construction
on the Owner's property.
6. 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
0- �mrs responsible for the subsequent maintenance of said fence.
n N
icN MISCELLANEOUS:
R_T s-0
-2-011
�a m 1. This Agreement and the transfers of the Public Road Right-of-Way and the
r=ip" Temporary Construction Easement made pursuant to the terms herein, shall be
d°o binding upon, all and inure to the benefit of and be enforceable by the parties and
T p 2 T
their heirs, executors, administrators, successors, and assigns.
£• •.
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2. This Agreement shall not be valid until it has been approved by the Board of
'r▪ 2 County Commissioners of Weld County, Colorado or its designee.
N s-n 3. No term or condition of this contract shall be construed or interpreted as a waiver,
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Page 4 of 5
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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early Koppes. Clerk and Recorder. Weld County CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: JOHN SCHMIDT, JR., AND LOUISE M. SCHMIDT
J n Schmidt, Jr. Louise M. Schmidt
Date: — /5l
ATTEST: w,T/(„,/ wado;ok, BOARD OF COUNTY COMMISSIONERS
Weld C ty terk to the oard—,--,_a WELD COUNTY, C LORADO 1
BY:
I N‘k\ "
Deputy C rk to the ar• sit.p q'• arbara Kirkmeyer Chair APR 1 3 2015
146 .
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7.1.1
APPROVED AS TO FU y,// APPROVED 0 S BSTANCE:
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on ro er e"' e facial or epartment Head
APP E AS /a
Director of General Services
Cou orney
4099122 Pages: 5 of 11
04/15/2015 02 05 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County, CO
■III MOr1R i'M I.fri,J:MIHUIV,ILliCk'riikr), "Ill
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EXHIBIT-A SE 1/4 S56-T5N-R65W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT D, RECORDED EXEMPTION NO.0965-36-4 RE-4136, A RECORDED EXEMPTION
RECORDED UNDER RECEPTION NO. 3330536 OF THE RECORDS OF WELD COUNTY, COLOR ADO, LOCATED IN
THE SE1/4 OF SECTION 36, T5N, R65W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,
SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED
UNDER RECEPTION NO. 3772899 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 FROM WHICH THE EAST 1/4 CORNER OF
SAID SECTION 36 BEARS N00°38'11"W, 2631.15 FEET, THENCE 589°34'21"W, 40.00 FEET ALONG
THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36 TO THE WEST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1146 AT PAGE
10OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N00°381111/V, 30.00 FEET ALONG THE
WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF SAID WELD COUNTY ROAD 49 TO THE NORTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50 AND THE TRUE POINT OF BEGINNING:
THENCE N00°38'11"W, 2601.33 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 49 TO THE NORTH LINE OF SAID LOT D AND THE NORTH LINE OF THE SE1/4 OF SAID
SECTION 36;
THENCE S89°49'41"W, 50.00 FEET ALONG THE NORTH LINE OF SAID LOT D AND ALONG THE NORTH
LINE OF THE SE1/4 OF SAID SECTION 36;
THENCE S00°38'11 "E, 2531.55 FEET;
THENCE 544°28'05"W, 98.81 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50;
THENCE N89°34'21"E, 120.00 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 50 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 132,523 SQUARE FEET(3.042 ACRES), MORE OR LESS
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 40.00 FEET OF SAID SOUTHEAST ONE-QUARTER;
SAID PARCEL CONTAINS 2.42 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY:
LEON W. SIEVERS, PLS 23520 4099122 Pages: 6 of 11
RIGHT OF WAY AGENT AND SURVEYOR 04/15/2015 02:05 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO IN AND FOR WELD COUNTY,COLORADO. Willi"Lin Lit), ,I II
RIGHT OF WAY RI IY Y Ti 1WELD COUNTY DEPARTMENT
1$61 OF PUBLIC WORKS
ACQUISITION RW-36
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 50&52
SCIIMIDT _ _ _ PROJECT NO: 5FF-E6 SCALE:
COUNTY.COLORADO '. G O U-�N TYY
DATE: 4-06-IS DRAWN BY:DRH SHEET: 1 013
EXHIBIT-A
II
EXISTING 40' ROW
NOTE: THIS EXHIBIT MAP DOES (SE 1/4 SEC. 36) I 1/16 SECTION LINE
NOT REPRESENT A M0NUMENTED BK 1146/PG 10�I
LAND SURVEY OR LAND SURVEY RECP#819290
PLAT. IT IS INTENDED TO 6-7-1939 I
ILLUSTRATE THE ATTACHED I
PROPERTY DESCRIPTION ONLY.
1
I
SE 1/4 F�J
S36-75N-R65W
UI THISTLE
DOWN, INC.
50' RIGHT-OF-WAY ACQUIRED �I
132,523 SQ.FT.± OR 3.042 AC.± r'
s
N cv in I
N
n 3 I SW 1/4
in .c N 6 531-T5N-R64W
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT w zlr
LOT D, RECORDED EXEMPTION Io I BOULTER
NO. 0965-36-4 RE-4136 N IZI ---�----'
PARCEL #0961-36-4-00-004 �` ��-
RECEPTION #3772899 1
r„---
0
Q EXISTING 3O'_ / /
PIPELINE EASEMENT I (� / I
REC. #3846016 L / �/, I
/ / I I
EXISTNG 55' ( I BANOWETZ
EXISTING 60' ROW- NERES CANAL\0
COUNTY MAINTAINED EASEMENT ( I�
80100/206 REC. #2073720
25
RD.BK.4/PG.229 7-7-1886 \
C&R8-48/P-275 & S44°28'05"W 98.81' (,r T.P.O.B_
APPROX. ROW LOCATION IY�
SSECNE _ — — — —
• TION •
LI
589°34'21"W 2621.97'
WCR /1 N89°34'21"E 120.00' fill1k77—.0.C.
SE CORNER
N 1/4 CORNER / 536-TSN-R6sw
51-T4N-R65W N0°38'11"W 30.00' JI
S89°34'21"W 40.00' i
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION RW-36 Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, co 80301 WCR 49 CORRIDOR PROJECT
JOHN SCHMIDT, JR. Engineers/Surveyors (303) 442-4398 BETWEEN WCR(s) 50& 52
..T. COLORADO 9PPd69 (719) 260-0987
LOUISE MARIE SCHMIDT /t ripe ION ((CIA
)2;_a� PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49
WELD COUNTY.COLORADO DATE: 12-08-14 DRAWN BY: TLT SHEET:2 OF 3
4099122 Pages: 7 of 11
04/15/2015 02:05 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
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EXHIBIT-A
NW 1/4
NE 1/4 1 1 531-T5N-R64W
536-T5 N-R65 W
1 I
589°49'41"W 50.00 E 1/4 CORNER BOULTER
'
1/4 SECTION LINE S89°49'41"W 2635.22' j
536-T5N-R65W - - -
7� PROPERTY LINE -- ----_
_-
EXISTING 50'
PIPELINE EASEMENT
REC. #3883768 •
SE 1/4 536-TSN-R65W Nr
(
50' RIGHT-OF-WAY ACQUIRED 1 BOULTER
132,523 SQ.FT.± OR 3.042 AC.±
\�\\ CE EXISTING 25'
\� ` PIPELINE EASEMENT in
���,_____� REC. #3871695 a
— � , as l_
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JOHN SCHMIDT, JR. & \,\ M 31
LOUISE MARIE SCHMIDT \ w
LOT D, RECORDED EXEMPTION \N\ ro 1
NO. 0965-36-4 RE-4136 ��� o z I
PARCEL #0961-36-4-00-004 �. I I THISTLE DOWN, INC.
�� I 1
RECEPTION #3772899 I 1
I SW 1/4
531-T5N-R64W
1
1
I
NOTE: THIS EXHIBIT MAP DOES
EXISTING 40' ROW 1
NOT REPRESENT A MONUMENTED (SE 1/4 SEC. 36) I 1/16 SECTIONLINE
LAND SURVEY OR LAND SURVEY BK 1146/PG 10
PLAT. IT IS INTENDED TO RECP#819290 I I
ILLUSTRATE THE ATTACHED 6-7-1939 I
PROPERTY DESCRIPTION ONLY. I
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY
OF PUBLIC WORKS
ACQUISITION RW-36 Drexel, Barrell & Co.
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4938 BETWEEN WCR(s)50& 52
JOHN SCHMIDT, JR. ^rCc COUDRADO STRINGS Me 260-0887
LOUISE MARIE SCHMIDT JV `"MI ri)7-60 PROJECT NO. SRP-26 SCALE: 1 =200'
WCR 49
WELD COUNTY.COLORADO DATE: 12-OR-14 DRAWN BY: ITT SHEET:301 3
4099122 Pages: 8 of 11
04/15/2015 02:05 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
■IIIPreltir���i(noirti tk� iimulro4Yi iliii+iiY41h Bill
EXHIBIT-B
PROPERTY DESCRIPTION
TEMPORARY EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT D, RECORDED EXEMPTION NO. 0965-36-4
RE-4136, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3330536 OF THE RECORDS OF
WELD COUNTY, COLORADO, LOCATED IN THE SE1/4 OF SECTION 36, T5N, R65W OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND
AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3772899 OF THE RECORDS OF WELD
COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 FROM WHICH THE EAST 1/4 CORNER
OF SAID SECTION 36 BEARS NOO°38'11"W, 2631.15 FEET, THENCE 589°34'21"W, 40.00 FEET ALONG
THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36 TO THE WEST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1146 AT PAGE 10
OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°38'11"W, 30.00 FEET ALONG THE WEST
RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF SAID WELD COUNTY ROAD 49 TO THE NORTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50; THENCE NOO°38'11"W, 2601.33 FEET ALONG THE
WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF SAD LOT D AND
THE NORTH LINE OF THE SE1/4 OF SAID SECTION 36; THENCE S89°49'41"W, 50.00 FEET ALONG THE
NORTH LINE OF SAID LOT D AND ALONG THE NORTH LINE OF THE SE1/4 OF SAID SECTION 36 TO THE
TRUE POINT OF BEGINNING•
THENCE SO0°38'11"E, 2531.55 FEET;
THENCE 544°28'05"W, 98.81 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD
50;
THENCE 589°34'21"W, 28.23 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAD WELD COUNTY
ROAD 50;
THENCE N44°28'05"E, 110.44 FEET;
THENCE NOO°38'11"W, 2523.41 FEET TO THE NORTH LINE OF SAID LOT D AND THE NORTH LINE OF THE
SE1/4 OF SAID SECTION 36;
THENCE N89°49'41"E, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT D AND ALONG THE NORTH
LINE OF THE SE1/4 OF SAID SECTION 36 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 52,642 SQUARE FEET (1.208 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301 4099122 Pages: 9 of 11
303-442-4338 04/15/2015 02:05 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
PC:Fill hifM+4+:IMO!!k'LV KIk 'IYIIi �IIII
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
TE-36 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
6ngineere/Burveyore (303) 442-4338 BETWEEN WCR(s) 50& 52
JOHN SCHMIDT, JR. -0- COLORADO SIMMS (DDS)260-0687
LOUISE MARIE SCHMIDT ORAND AMMON (�)za>-1 PROJECT NO. SRP-26 SCALE: N/A
car (v+a)sst—oeAs
WCR 49
WELD COUNTY.COLORADO DATE: I2-0R-I4 DRAWN BY: TLT SHEET: I of 3
•
EXHIBIT-B
NOTE: THIS EXHIBIT MAP DOES I I
'
NOT REPRESENT A MONUMENTED EXISTING 40' ROW
LAND SURVEY OR LAND SURVEY (SE 1/4 SEC. 36) I 1/16 SECTION LINE
PLAT. IT IS INTENDED TO BK 1146/PG 10 I I--""
ILLUSTRATE THE ATTACHED RECP#819290 I
PROPERTY DESCRIPTION ONLY. 6-7-1939 t
I I
SE 1/4 IN I
S36-T5N-R65W
THISTLE
DOWN, INC.
20' TEMPORARY EASEMENT ACQUIRED To
52,642 SQ.FT.± OR 1.208 AC.± "' I
a O
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in
N 3 SW 1/4
JOHN SCHMIDT, JR. & . N 03 L rn 3' s31-rsN-R6aw
LOUISE MARIE SCHMIDT m o I-
LOT D, RECORDED EXEMPTION Z 'o ' BOULTER
NO. 0965-36-4 RE-4136 0 IZI „,---
PARCEL #0961-36-4-00-004 /7/-- f�---
RECEPTION #3772899
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PIPELINE ----
IPEL�N EEXEASEM NISTING 0' I I / /
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/ '
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REC. #3846016 L. / , / I
/ / / I '
EXISTING 55'.., I BANOWETZ
EXISTING 60' ROW- NERES CANAL
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COUNTY MAINTAINED EASEMENT
RD100/206 REC. #2073720 I'�� '
RD.BK.4/PG.229 7-7-1886 25
C&R B-48/P-275 &299 N44°28'05'E 110.44' 1
APPROX. ROW LOCATION
SECTION LINE
_- 589 34' "W 2621.97'
N - 21 589°34'21"W 28.231- \--P.O.C.
W 6•�/N .JY{' SE CORNER
N 1�4 CORNER S44°28'05"W 98.81' 536-T5 N-R65W
S1-T4N-R65W NO°38'11"W 30.00'
589°34'21"W 40.00'
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION C ' Drexel, Barrell & Co. OF PUBLIC WORKS
TE-36 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
JOHN SCHMIDT, JR. L. COLORADO SPRINGS (710)260-0887
MARIE SCHMIDT /\ GJUNCTION rig PROJECT NO. SRP-26 SCALES I"=200'
WCR49
W EIS)COUNTY.COI.ORAD( DATE: 12-08-14 DRAWN BY: TLT SHEET:2 OF 3
4099122 Pages: 10 of 11
04/15/2015 02:05 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
VIII r1!'t,K ihi;'Irliiildeg4Wil liith i'i II II I
EXHIBIT-B
NW 1/4
NE 1/4 531-TSN-R64W
S36-T5N-R65W 589°49'41"W 50.00' I
T.P.O.B. I
N89°49'41"E 20.00' BOULTER
S36-TSN-R65W1/4 SECON LINE 589°49'41"W 2635.22' 1E1/4CORNER
- _ L .-
PROPERTY LINE
EXISTING 50'
PIPELINE EASEMENT
REC. #3883768
SE 1/4 536-TSN-R65W NI
20' TEMPORARY EASEMENT ACQUIRED 7
52,642 SQ.FT.± OR 1.208 AC.± I BOULTER
,,,..„--. \\ CL EXISTING 25'
\� ` PIPELINE EASEMENT MI
������ REC. #3871695 - o I
��� � v mL
���� ri - N ,n
���\ vN �n I��
\�\ N N 3 r]
JOHN SCHMIDT, JR. & \,\ 3 N 3
LOUISE MARIE SCHMIDT \ ; '. w o -1Z
LOT D, RECORDED EXEMPTION \`\ •o '' M
Z
b .
NO. 0965-36-4 RE-4136 ��\ N z
�� I I THISTLE DOWN, INC.
PARCEL #0961-36-4-00-004 I 1
RECEPTION #3772899
I SW 1/4
531-TSN-R64W
1
I
1
NOTE: THIS EXHIBIT MAP DOES EXISTING 40' ROW
NOT REPRESENT A MONUMENTED (SE 1/4 SEC. 36) I 1/16 SECTION LINE
LAND SURVEY OR LAND SURVEY BK 1146/PG 10
PLAT. IT IS INTENDED TO RECP#819290 I I
ILLUSTRATE THE ATTACHED 6-7-1939 I
PROPERTY DESCRIPTION ONLY. I
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
CD 1800 38th Street Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineecs/Surveyore (309) 442-4338 BETWEEN WCR(s) 50& 52
JOHN SCHMIDT, JR. - C0IORARe R2111109 (719)260-0887
LOUISE MARIE SCHMIDT /:A rip;row ?al , 16 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49
WELD COUNTY.COLORADO DATE: 12-08-14 DRAWN BY: ITT SHEET:3 OF 3
4099122 Pages: 11 of 11
04/15/2015 02:05 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County CO
MIN'g1ii'U! iiMli,F.'110''n' 04RI;.'hid II III
1861 . MEMORANDUM
1[7 TO: Clerk to the Board DATE: July 7, 2015
u_N_T_�?
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc # 2015-1002 RECEIVED
WCR 49 Project
Warranty Deed with John Schmidt Jr. and Louise M. Schmidt. JUL U 8 2015
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-I.doc
00(1414/1*- eA. '°i()(:15)
— 3--/ c..1.3- /b"" 020/5-1042
WARRANTY DEED
THIS DEED made this / day of iii L`7 , 20/6-, between John Schmidt,
Jr. and Louise M. Schmidt 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 23771 Weld County Road 50, La Salle, 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.
4124465 Pages: 1 of 6
07/14/2015 02:09 PM R Fee:$0.00 D Fee-$0.00
Carly Koppes, Clerk and Recorder: Weld County. CO 7 J1/�
VIII k�r�Qaf ��r:al41'r iliaki�N �.�+l,�i'Z i�S���«�Oki IN II I
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
/
OLIN SCHMIDT, JR., Owner LOUISE M. SCHMIDT, Owner
•
State of CC ��ti ( CSC )
)ss.
County of L� r )
(
The foregoing instrument was acknowledged before me this I day of ,
20j, by John Schmidt, Jr. and Louise M. Schmidt, Owners.
Witness my hand and official seal.
TIFFANE V.JOHNSON
NOTARY JOHN
STATE OF COLORADO
NOTARY ID 20154009170 Er /� ��> " 1t
MY COMMISSION EXPIRES MARCH 4,2019
r..
Notary Public
My commission expires:
• ] 'I Cy
4124465 Pages: 2 of 6
07/14/2015 02:09 PM R Fee:$0.00 D Fnty C 00
Carly Koppes, Clerk and Recorder: Weld County CO
■III l!r,0 '14.1l,+��'I����I�r;� ��.fi �Y=�1«��FN�+��I����� VIII
• •
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights of Way for a Public Highway,pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this / day of Nit( Y , 2015.
ATTEST: diteltAl 'tok 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 �+
if * i; A
_ 111
BY: ,a,
De uty Clerk to the Board % , ''*! Barbara Kirkm er, Chair
BOARD OF COUNTY 2015
1, COMMISSIONER JUL 1 S
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD /)
3 The foregoing instrument was acknowledged before me this , T° day of
, 2015 by Barbara Kirkmeyer, BOARD OF COUNTY
COM ISSI ERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Publi
My commission expires: QM1RYL LYNN MONTT
NOTARY KWIC
I
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DECEMBER 19,2018
4124465 Pages: 3 of 6 0.2.0/6 - /�6
07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00
EXHIBIT-A SE 1/4 S36-T5N-R65W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT D, RECORDED EXEMPTION NO.0965-36-4 RE-4136, A RECORDED EXEMPTION
RECORDED UNDER RECEPTION NO.3330536 OF THE RECORDS OF WELD COUNTY,COLOR ADO, LOCATED IN
THE SE1/4 OF SECTION 36, T5N, R65W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,
SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED
UNDER RECEPTION NO. 3772899 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 FROM WHICH THE EAST 1/4 CORNER OF
SAID SECTION 36 BEARS N00°38'11"W, 2631.15 FEET, THENCE S89°34'21"W, 40.00 FEET ALONG
THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36 TO THE WEST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1146 AT PAGE
10 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N00°38'11"W, 30.00 FEET ALONG THE
WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF SAID WELD COUNTY ROAD 49 TO THE NORTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50 AND THE TRUE POINT OF BEGINNING:
THENCE N00°38'11"W, 2601.33 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 49 TO THE NORTH LINE OF SAID LOT D AND THE NORTH LINE OF THE SE1/4 OF SAID
SECTION 36;
THENCE S89°49'41"W, 50.00 FEET ALONG THE NORTH LINE OF SAID LOT D AND ALONG THE NORTH
LINE OF THE SE1/4 OF SAID SECTION 36;
THENCE S00°38'11 "E, 2531.55 FEET;
THENCE S44°28'05"W, 98.81 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50;
THENCE N89°34'21"E, 120.00 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 50 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 132,523 SQUARE FEET(3.042 ACRES), MORE OR LESS
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 40.00 FEET OF SAID SOUTHEAST ONE-QUARTER;
SAID PARCEL CONTAINS 2.42 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY:
4124465 Pages: 4 of 6
LEON W.SIEVERS, PLS 23520 07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder Weld County,� C0 WW ``
RIGHT OF WAY AGENT AND SURVEYOR ,III I1! FUN�11i��l t�l5 +`iii i��i���i�1'Yilil��r�L i ,I II
IN AND FOR WELD COUNTY,COLORADO.
RIGHT OF WAY ,�,�.� WELD COUNTY DEPARTMENT
* • - OF PUBLIC WORKS
ACQUISITION RW-36
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 50&52
SCHMIDT PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO COUNTY
t= DATE: 4-06-15 DRAWN BY:DRH SHEET: 1 of 3
HXHIBIT-A
EXISTING 40' ROW
NOTE: THIS EXHIBIT MAP DOES (SE 1/4 SEC. 36) I I 1/16 SECTION LINE
NOT REPRESENT A MONUMENTED BK 1146/PG 10 I --- '--
LAND SURVEY OR LAND SURVEY RECP#819290
PLAT. IT IS INTENDED TO 6-7-1939
ILLUSTRATE THE ATTACHED I I
PROPERTY DESCRIPTION ONLY.
SE1/4 I
S36-15N-/R4
THISTLE
DOWN, INC.
501 RIGHT-OF-WAY ACQUIRED �I I
132,523 SQ.FT.± OR 3.042 AC.± "? ;
0
NII
3r2,I SW 1/4
1O r. NI S31-T5N-R64W
JOHN SCHMIDT, JR. & ' co
rn
LOUISE MARIE SCHMIDT `d z ZI D
LOT D, RECORDED EXEMPTION r) loll
BOULTER
NO. 0965-36-4 RE-4136 co ' Iz I
/
PARCEL #0961-36-4-00-004 /
�� � o---
RECEPTION #3772899 /1/
,/r r
EXISTING 30' ( 1
PIPELINE EASEMENT II /
REC. #3846016 if /
/
EXISTING 55' BANOWETZ
EXISTING 60' ROW- NERES CANAL 30
COUNTY MAINTAINED EASEMENT
RD100/206 REC. #2073720
25
RD.BK.4/PG.229 7-7-1886
C&R B-48/P-275 &299 S44°28'05"W 98.81' t T.P.O.B.
APPROX. ROW LOCATION • I
SECTION V -- -
.' lc." "' ---- ... -•Fik,_
S89°34'21"WLINE 2621.97' �'
Wa? 50 N89°34'21"E 120.00' SEOCORNER
N 1/4 CORNER S36-T5N-R65W
S1-T4N-R65W N0°38'11"W 30.00'
S89°34'21"W 40.00' I
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY OF PUBLIC WORKS
ACQUISITION RW-36 Drexel, Barrell Sc Co.
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
JOHN SCHMIDT, JR. -C� COLORADO SPRINGS (pie)260-0687
LOUISE MARIE SCHMIDT GRAND JumcnoN (970)z67-196o PROJECT NO. SRP-26 SCALE: 1"=200'
GRRRIBY (870) 961-0046
WCR 49
WELD COUNTY,COLORADO DATE: 12-08-141 DRAWN BY: TLT SHEET:2 OF 3
4124465 Pages: 5 of 6
07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
E11!4!rIIIII!7 G',1'.15tt 1ti;1if'hFL'diLlt KNRIII I I,:iJ I"i UI II
,
EXHIBIT-A
NW 1/4
NE 1/4 S31-T5N-R64W
S36-T5N-R65W I i
I I
S89°49'41"W 50.00' E 1/4 CORNER BOULTER
1/4 SECTION LINE S89°49'41"W 2635.22' S36 536-T5N-R65W -
PROPERTY LINE -
EXISTING 50'
tr PIPELINE EASEMENT � �r
REC. #3883768 I
SE 1/4
S36-T5N-R65W i
50' RIGHT-OF-WAY ACQUIRED 3` i BOULTER
a
132;523 SQ.FT.± OR 3.042 AC.± 4 I
���� q EXISTING 25' I
��� PIPELINE EASEMENT M I
REC. #3871695 _:'
----- ;; _•® �,��e;--� yr; N Ll�
I�®_ __ _
JOHN SCHMIDT, JR. & �, Nf. c i
LOUISE MARIE SCHMIDT \�� w � : o 1
Z 00
LOT D, RECORDED EXEMPTION - -
NO. 0965-36-4 RE-4136 �� os=
�� TIIISTLE DOWN, INC.
PARCEL #0961-36-4-00-004 I
, s 4 3 i
RECEPTION #3772899
i SW 1/4
I 531-T5N-R64W
i
NOTE: THIS EXHIBIT MAP DOES EXISTING 40' ROW �;`
(SE 1/4 SEC. 36) 1/16 SECTION LINE
NOT REPRESENT A MONUMENTED BK 1146/PG 10 1 1..-, . ...
LAND SURV EY OR LAND S SUURVEY RECP#819290
PLAT. IT IS INTENDED TO 6-7-1939 9290 i
ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY. I
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY OF PUBLIC WORKS
ACQUISITION RW-36 Drexel, Barrell 8c Co.
1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
�7�7 7� Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
JOHN V SCHMIDT, J l\. v" COLORADO SPRINGS (719)260-0887
LOUISE MARIE SCHMIDT :RAND JUNCTION (970) 257-1950 PROJECT NO. SRP-26 SCALE: 1"=200'
/7.,\--
`; cp6rfEY (970) 951—oe45
WCR 49
WELD COUNTY,COLORADO DATE: 12-08-14 DRAWN BY: TLT SHEET:3 OF 3
4124465 Pages: 6 of' 6
07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00
Carly.■.■IIKopn■pes, (C■lerk l;and Recorder, Weld County, IOIII
VIIIRCIVIIIII1.1: IIIMDI,I■iII'Il f1li51I�It�TIIkii■liilil ,III1
•
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