HomeMy WebLinkAbout20153415.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-
OF-WAY PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -TERI SMITH
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, Permanent Easement and Temporary Construction Easement for
Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Teri Smith, 17650 County Road 49, LaSalle, Colorado 80645, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Teri
Smith, 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:LP&O-S/Tx/6)
2015-3415
1-02-P-/6 EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49-TERI SMITH
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:(�(�Q �t •
G/ NI •t1 arbara Kirkmeyer Chair
Weld County Clerk to the Board
• Mike Freeman, Pro-Tem
BY:" - ' .7 . ► !��' +�` -----g
D '? ty Clerk t• the Bo�•� � } . 1.
can P. Conway
�•�f'�
APPROVED AS TO FOR 1161 ( - �:.
lie A. Cozad
" ',1-e •da710—
ounty Attorney
Steve Moreno
Date of signature: 11/4
2015-3415
EG0072
s6 MEMORANDUM
TO: Clerk to the Board DATE: October 16, 2015
� _ GOUNYY
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement, and Temporary
Construction Easement with Teri B. Smith. RECEIVED
OCT 19 2015
WELD COUNTY
COMMISSIONERS
M:\FrancieWGENDA memos\Agenda-Leon-2.doc
2015-3415
fct
•
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,PERMANENT
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN
Teri B. Smith AND WELD COUNTY,COLORADO
THIS AGREEMENT is made this day o , 2015, by and between Teri B.
Smith,whose address is 17650 County oad 49, LaS le CO 80645-9736, 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 parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"C"
(hereinafter referred to as ("Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, and
WHEREAS, County requires a Temporary Construction Easement(s) in order to
construct the Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE,the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell at closing and County agrees to purchase the Public Road
Right-of-Way shown and/or described on Exhibit "A" (a copy of which is
attached hereto and made a part hereof by this reference), for the sum of Five
Thousand, Two Hundred Fourteen Dollars, ($5,214.00). The parties acknowledge
and agree that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
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"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of One Thousand, Eighty Seven Dollars, ($1,087.00). The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Six Hundred Fifty
Two Dollars, ($652.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
4. If this agreement is executed and returned to our office on or before September
24, 2015 the County shall pay the amount described in Paragraph Three "3" of the
County's Rights and Responsibilities.
5. Owner warrants that they are the Owner of the Public Road Rights-of-Way,
Permanent Easement and the Temporary Construction Easement and will defend
title thereto against all claims.
6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty
Deed, free and clear of all liens and encumbrances, except existing easements.
7. Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
easements.
9. The Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on December 31, 2018, or upon
the completion of the Intersection Improvement Project,whichever is earlier.
10. 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 "C" 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.
11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
Permanent Easement and the Temporary Construction Easement, and shall also
retain any water rights currently attached to or associated with the Public Right-
of-Way, Permanent Easement and Temporary Construction Easement.
12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-
of-Way to County and the Permanent Easement at the date of closing which shall
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 11111
be no later than thirty (30) days following the County's execution of this
Agreement.
13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties
thereon), on or before the date of closing when Owner delivers the Warranty Deed
to County and the Permanent Easement. Owner is solely responsible for the
payment of any amounts owed to a third party holding a security or other
ownership interest in the Public Road Right-of-Way, Permanent Easement and
Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County
desires to obtain title insurance for the Public Road Right-of-Way, Permanent
Easements and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement and
/or the Warranty Deed.
3. County shall pay Twelve Thousand, Five Hundred Four Dollars ($12,504.00) to
the Owner for the Public Road Right-of-Way, the Permanent Easement, and'the
Temporary Construction Easement by County warrant(s) at the date of closing if
agreement is signed and returned on or before September 24, 2015. If the
agreement is not signed and returned on or before September 24, 2015, the
County shall maintain its current offer of Fair Market Value of Ten Thousand,
Four Hundred Eighteen Dollars ($10,418.00) for the Public Road Right-of-Way,
the Permanent Easement, and the Temporary Construction Easement by County
warrant(s) at the date of closing.
4. County, as a condition of the granting of Temporary Construction Easement
covenants and agrees to restore the property described in Exhibit "C" to a level
comparable to its original condition. This will include replanting affected areas
with an appropriate type of"dryland pasture grass".
5 Prior to construction commencing on the Project and right of way described
herein, the County shall construct a temporary fence line along the outside
boundary of the temporary construction easement /permanent easement. At the
conclusion of construction, the County will install a new permanent right of way
fence along the boundary of the new right of way being acquired hereunder. The
owner shall be responsible for subsequent maintenance on the permanent right of
way fence, after it has been installed.
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CaarlZy$/2015 Koppes,1CCler0k and R Recorder,O
.00
rder,, We d County, CO
,III INVIVIVtiti�RIIIii�l��!'hy'r'11INLiU4N Hit IA II III Page 3 of 5
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and be enforceable by
the parties and their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities,rights, benefits,protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation,promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under
this Agreement shall be an incidental beneficiary only.
g
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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1111
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: OWNER:
By: By:
ATTEST: ddrAiA) , �'C.�:i, BOARD OF COUNTY COMMISSIONERS
Weld • ty erk to the Board D COUNTY, CO ORADO
BY:
eputy Cl3 k to the Bo arbara Kirkmeyer, ' hair
� � OCT 2 6 2015
t,
APPROVED AS TO FUN i 1: �I f , l?-A` PROVED A S STANCE:
.gawit214.
Controller Ele icial or Department Head
APPROVED AS TO FORM: N (A
PtS Director of General Services
County Attorney
Page 5 of 5
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Ca0rly8Koppe5 1Cler0k and Recorder, Weld County, Co 020/0. 1-. �d/
EXHIBIT-A
54-SMITH-ROW
PROPERTY DESCRIPTION
A parcel of land, being a part of Lot B of Amended Recorded Exemption No. 1215-06-3—AMRE 442 (AMRE-442)
recorded April 7, 1999 as Reception No. 2685403 of the Records of Weld County, located in the Northwest
Quarter (NW1/4) of Section Six (6), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of the NW1/4 of Section 6
as bearing North 00'20'48" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 1983/2007, a distance of 2640.29 feet with all other bearings contained herein relative
thereto;
THENCE North 00'20'48" West along the West line of the NW1/4 of Section 6 a distance of 219.01 feet to the
South line of Lot B of AMRE-442;
THENCE North 8819'57" East along the South line of said Lot B a distance of 40.01 feet to the East Right of
Way line of Weld County Road 49 recorded June 7, 1939 in Book 1046 Page 37 and to the POINT OF BEGINNING;
THENCE North 0020'48" West along the East line of said Right of Way a distance of 1056.44 feet to the North
line of Lot B of AMRE-442;
THENCE North 88'20'04" East along the North line of said Lot B a distance of 50.01 feet to a line parallel with
and 90.00 Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 995.70 feet;
THENCE South 89'39'12" West along a line perpendicular to the aforesaid line a distance of 20.00 to a line parallel
with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 61.21 feet to the most Westerly South line of
Lot B of AMRE-442;
THENCE South 88'19'57" West along the South line of said Lot B a distance of 30.01 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 51,603 Square Feet or 1.185 Acres, more or less.
TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
The West 40.00 feet of Lot B of AMRE-442.
Said described parcel of land contains 42,258 Square Feet or 0.970 Acres, more or less.
p0,D0 L/ \\II
,G9� . .{..Q1117 ;I; • 38 ;
p � 0 . a
PJ
'1l�4 1\L LANG SJ.�
Paul B. Groves — On Behalf Of King Surveyors
Colorado Registered Professional
Land Surveyor #38209
RIGHT OF WAY �A�-
WELD COUNTY DEPARTMENT
ACQUISITION la P' # OF PUBLIC WORKS
RW 54 �' .1. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)36&38
SMITH -
KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A
WCR 49 650 E.Garden Drive I Windsor,Colorado 80550
WPI.n('nlRKITv (`COnoAnn
'Sinfoa "%s'''lors.com DATE: 5-13-15 DRAWN BY: CDL SHEET: 1 oft
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Carly Koppes, Clerk and Recorder, Weld County, CO
to 1 r1R1fi14 V IGlIf'li11i,O'UK irj ui itiii h ii II
EXHIBIT-A
LINE TABLE
LINE BEARING LENGTH • •NW CORNER
Sec. 6, T.3N., R.64W.
L1 NO0'20'48"W 219.01' . FOUND #6 REBAR WITH
• 2.5" ALUMINUM CAP
L2 N88'19'57"E 40.01' STAMPED ILLEGIBLE
IN MONUMENT BOX
L3 N8820'04"E 50.01' '
L4 S89'39'12"W 20.00'
I
L5 SO0'20'48"E 61.21' V I TODD A.&
L6 S88.19'57"W 30.01'
0 ' RHONDA R.AMENS
E'N, UL
3
40B' EXISTING RIGHT-OF-WAY
( OOK 1046, PAGE 37)
i „
i CL ELECTRIC EASEMENT
NOTICE I 41' OFF SECTION LINE
• - (NO WIDTH PROVIDED)
According to Colorado law you r BOOK 1286 PAGE 151
must commence any legal 1 c0 0 RECORDED 11-08-1950
I
action based upon any defect '-' 11 rn
In this survey withinthree 1-3 °' I'ERI B. SMITH
years after you first
discover 3
such defect. In no event may as w
any action based upon any ooA 10
PAR.C.#121506000020
defect in this survey be1 I o RECP.#3596949
commenced more than ten
I Pi 'A'''
71 O
years from the date of the i oo o LOT B AM-RE 442
certification shown hereon.
(13-80-105 C.R.S. 2012) Z 1 O
HOUNDSKEEPER,LTD N I^ 1 to NW 1/4
o o $6-T3N-R64W
nt.z
NE 1/4 co Q ADDITIONAL RIGHT—OF—WAY
NOTE: This exhibit drawing Is Sl-T3N-R65w m 7 51,603s.f± OR 1.185ac.f
not Intended to be a 3
monumentalized land survey. 0 o
It's sole purpose is as a DANIEL ERIC &
graphic representation to aid in o N L4 > >
the visualization of the written :v N PAUL OSTER
property description which It 8v = L5 LOT A RE 1739
accompanies. The written Z
property description supersedes
the exhibit drawing.L2� ,
I I L6
POINT OF:
BEGINNING ;I. W 1/4 CORNER
- - • • - • i Sec. 6, T.3N., R.64W.
4•
I FOUND #6 REBAR WITH
2.5" ALUMINUM CAP
STAMPED LS 12374, 1995
I IN MONUMENT BOX
I
i I I POINT OF COMMENCEMENT
RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT
i/ P-.0 OF PUBLIC WORKS
ACQUISITION
Rw-5)1 \� 1.1 WCR 49 CORRIDOR PROJECT
‘ BETWEEN WCR(s)36&38
SMITH
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=300'
,,,"•,, ___-- —r • _. ';ndso,,Colorado 80554) -
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII PAM, IliiilliW WMilhlrikINIlM id 11111
EXHIBIT-B
54-SMITH-PE
PROPERTY DESCRIPTION
A parcel of land for easement purposes, being a part of Lot B of Amended Recorded Exemption No.
1215-06-3—AMRE 442 (AMRE-442) recorded April 7, 1999 as Reception No. 2685403 of the Records of Weld
County, located in the Northwest Quarter (NW1/4) of Section Six (6), Township Three North (T.3N.), Range
Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and
being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of the NW1/4 of
Section 6 as bearing North 00'20'48" West being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2007, a distance of 2640.29 feet with all other bearings
contained herein relative thereto;
I
THENCE North 00'20'48" West along the West line of the NW1/4 of Section 6 a distance of 219.01 feet to
the South line of Lot B of AMRE-442;
THENCE North 8819'57" East along the South line of said Lot B a distance of 70.02 feet to a line parallel
with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6
and to the POINT OF BEGINNING;
THENCE North 0020'48" West along said parallel line a distance of 61.21 feet;
THENCE North 89'39'12" East along a line perpendicular to the aforesaid course a distance of 20.00 feet to
a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4
of Section 6;
THENCE North 00'20'48" West along said parallel line a distance of 995.70 feet to the North line of Lot B of
AMRE-442;
THENCE North 88'20'04" East along the North line of said Lot B a distance of 20.01 feet to a line parallel
with and 110.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 1016.16 feet;
THENCE South 89'39'12" West along a line perpendicular to the aforesaid course a distance of 20.00 feet to
a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4
of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 40.74 feet to the South line of Lot B of
AMRE-442;
THENCE South 8819'57" West along the South line of said Lot B a distance of 20.01 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 21,538 Square Feet or 0.494 Acres, more or less.
`0400
.". c.,...., ro%.0,..„
_ :;%'I ,,..." NO;
/� . � 'r
r 3 f 38209ii 9 =o
1 •. .•
1I,`Nq 1. ANp 9`
Paul B. Groves — On Behalf Of King Surveyors
Colorado Registered Professional
Land Surveyor #38209
PERMANENT EASEMENT •A. WELD COUNTY DEPARTMENT
ACQUISITION 4r P.* OF PUBLIC WORKS
ssa \� .74. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)36&38
SMITH
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A
- - - - ,r.Colorado 80550
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Carly Koppes, Clerk and Recorder, Weld County, Co
DUI KAM VA@VI*11O1r 'lk'lI EJiir. i 1I II1
EXHIBIT-B
LINE TABLE
LINE BEARING LENGTH • •NW CORNER •
Sec. 6, T.3N., R.64W.
L1 N00'20'48"W 219.01' FOUND #6 REBAR WITH
2.5" ALUMINUM CAP
L2 N88'19'57"E 70.02' ir STAMPED ILLEGIBLE
L3 N00'20'48"W 61.21'
IN MONUMENT BOX
L4 N89'39`12"E 20.00'
L5 N88'20'04"E 20.01' I i
TODD A.&
L6 S89'39'12"W 20.00' RHONDA R.AMENS
L7 SO0'20'48"E 40.74'
L L5
L8 S88'19'57"W 20.01' 40' EXISTING RIGHT-OF-WAY
(BOOK 1046, PAGE 37)
I !••, .,.' CLI ELECTRIC EASEMENT
NOTICE -41' OFF SECA�V LE
According to Colorado law you aN o t-co(NO WIDTH PROV/DED)
�P r i ' BOOK 1286 PAGE 151
must commence any legal i u3
action based upon any defect RECORDED 11-09-1950
this survey within sco I� ' TERI B. SMITH
years after you first discover
such defect. In no event may W PARC.#121506000020
any action based upon any s a
defect in this survey be o0 w
commenced more than ten I '" RECP.#3596949
years from the date of the . N O
certification shown hereon. LOT B AM-RE 442
(13-80-105 C.R.S. 2012) Co N• O p
HOUNDSKEEPER,LTD g z Z to NW 1/4
N Q I S6-T3N-R64W
W
NE 1/4 CO . 20' PERMANENT EASEMENT
3 S1-T3N-R65W
NOTE: ibis exhibit drawing is o • 21,538s.f.f OR 0.494Oc.t
not Intended to be a
monumentalized land survey. I
It's sole purpose Is as a u1 L41 -'/-L6 DANIEL,ERIC,&
graphic representation to aid in p Q
the visualization of the written o m • ' • PAUL OSTER
property description which it Z L7 LOT A RE 1739
accompanies. The written L3 --..---1-1
property description supersedes I
the exhibit drawing. L2 t I L8
L2-:1>
II
OF
BEGINNING'7-1
. W 1/4 CORNER
i Sec. 6, T.3N., R.64W.
i FOUND #6 REBAR WITH
2.5" ALUMINUM CAP
STAMPED LS 12374, 1995
i IN MONUMENT BOX
i t
POINT OF COMMENCEMENT
PERMANENT EASEMENT •A. WELD COUNTY DEPARTMENT
ACQUISITION is e,0 OF PUBLIC WORKS
413)
,■ ►1. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)36&38
SMITH
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=300'
650 E.Garden Drive 1 Windsor,Colorado 80550
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Carly Koppes, Clerk and Recorder, Weld County, CO
ill l Ird'il MICIllimilli:Viltraill 414Wild 11111
EXHIBIT-C
54-SMITH-TE
PROPERTY DESCRIPTION
A parcel of land for easement purposes, being a part of Lot B of Amended Recorded Exemption No.
1215-06-3—AMRE 442 (AMRE-442) recorded April 7, 1999 as Reception No. 2685403 of the Records of Weld
County, located in the Northwest Quarter (NW1/4) of Section Six (6), Township Three North (T.3N.), Range
Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and
being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of the NW1/4 of
Section 6 as bearing North 00'20'48" West being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2007, a distance of 2640.29 feet with all other bearings
contained herein relative thereto;
THENCE North 00'20'48" West along the West line of the NW1/4 of Section 6 a distance of 219.01 feet to
the South line of Lot B of AMRE-442;
THENCE North 88'19'57" East along the South line of sold Lot B a distance of 70.02 feet to a line parallel
with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6
and to the POINT OF BEGINNING;
THENCE North 00'20'48" West along said parallel line a distance of 61.21 feet;
THENCE North 89'39'12" East along a line perpendicular to the aforesaid course a distance of 20.00 feet to
a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4
of Section 6;
THENCE North 00'20'48" West along said parallel line a distance of 995.70 feet to the North line of Lot B of
AMRE-442;
THENCE North 88'20'04" East along the North line of said Lot B a distance of 20.01 feet to a line parallel
with and 110.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 1016.16 feet;
THENCE South 89'39'12" West along a line perpendicular to the aforesaid course a distance of 20.00 feet to
a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4
of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 40.74 feet to the South line of Lot B of
AMRE-442;
THENCE South 88'19'57" West along the South line of said Lot B a distance of 20.01 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 21,538 Square Feet or 0.494 Acres, more or less.
NDO
0\'••*.tr •
p Ni (AP,� • 38 0 ; � /
• • oo
H4 L
Paul B. Groves — On Behalf Of King Surveyors
Colorado Registered Professional
Land Surveyor #38209
TEMPORARY EASEMENT •A. WELD COUNTY DEPARTMENT
AC UISITION 4� ��� OF PUBLIC WORKS
Q TE-54 '� ►�. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)36&38
SMITH
WCR 49 KING Si'RVEYORS PROJECT NO: SRP-26 SCALE: N/A
„._.__ door,Colorado 80550
4153575 Pages: 10 of 13 1°1 rrl`i"gS"nh'°rgr°°' DATE: 5-13-15 DRAWN BY: CDL SHEET: l of 2
10/28/2015 10:50 AM order el
Carly KopPes, Clerk and Recorder, Weld County, CO
�1111F���l�l �IAIRTINKIiiii � ��� 1 iii
EXHIBIT-C
LINE TABLE
LINE BEARING LENGTH • •NW CORNER •
Sec. 6, T.3N., R.64W. •
L1 NO0'20'48"W 219.01' . FOUND #6 REBAR WITH
• 2.5" ALUMINUM CAP
L2 N8819'57"E 70.02' STAMPED ILLEGIBLE
•
i IN MONUMENT BOX
L3 NOO'20'48"W 61.21'
I '
L4 N89'39'12"E 20.00'
L5 N88'20'04"E 20.01'
• TODD A.&
L6 S89'39'12"W 20.00' RHONDA R.AMENS
L7 S00'20'48"E 40.74' i I L5
L8 S88'19'57"W 20.01' : 40' EXISTING RIGHT-OF-WAY
(BOOK 1046, PAGE 37)
III
1 CL ELECiRiC EASEMENT
NOTICE 41' OFF SECTION LINE
Qs o io (NO WIDTH PROVIDED)
According to Colorado law you !a n = BOOK 1286 PAGE 151
must commence any legal I RECORDED 11-08-1950
action based upon any defect in
in this survey within three 6 i 6 TERI B. SMITH
years after you first discover
such detect. In no event may 3 w PARC.#121506000020
any action based upon any •
if
defeat in this survey beRECP.#3596949
commenced more than ten I ( ,-- `t
years from the date of the . N
certification shown hereon. LOT B AM-RE 442
(13-80-105 C.R.S. 2012) N i). 0 : 0
HOUNDSKEEPER,LTD o z z fn NW 1/4
Zit E I i S6-T3N-R64W
N m • t
NE 1/4 20' TEMPORARY EASEMENT
Sl-T3N-R65W 3 ""� """-
NOTE: This exhibit drawing Is k 0 21,538s.f.± OR 0.494ac.±
not intended to be a
monumentalized land survey. 0 N L4
It's sole purpose is as a c'1 in , 16 DANIEL,ERIC,&
graphic representation to aid in 0 Q
the visualization of the written O "COm PAUL OSTER
property description which it L3 ' ,?i,.---L7 LOT A RE 1739
accompanies. The written
property description supersedes L2 I
the exhibit drawing. I 1 L8
POINT OF .
BEGINNING .
,� W 1/4 CORNER
_ ! ; 1 Sec. 6, T.3N.. R.64W.
i FOUND #6 REBAR WITH
2.5" ALUMINUM CAP
I . STAMPED LS 12374, 1995
IN MONUMENT BOX
I 1 POINT OF COMMENCEMENT
i I t
TEMPORARY EASEMENT •A. WELD COUNTY DEPARTMENT
ACQUISITION _ �a e'ir OF PUBLIC WORKS
TE 54 '� 04, WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)36&38
SMITH
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=300'
WELD COUNTY.COI OR Ann650 E.Gorden Drive I Windsor,Colorado 80550
vai6 info@angSureerors.com DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2
4153575 Pages: 11 of 13
10/28/2015 10:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III 14rrl1li4 Vii NWIPIrlifi Pilll ilgiiWkh 11111
EXHIBIT D
RECORDING INFORMATION ABOVE
R/W#
GRANT OF EASEMENT
, GRANTOR (whether one or more), whose address is
, in consideration of Ten and 00/100 Dollars ($10.00)
and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto
UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado
80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain,
replace,enlarge,reconstruct,improve,inspect,repair and remove utility,electrical and communications
facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or
required by Grantee, on, over, under, and across the following described property in the County of
,State of Colorado to-wit:
Easement description as set forth in Exhibit"A"attached hereto and incorporated herein
by reference.
Those facilities may be overhead,underground and/or at grade and may include,but shall not be limited
to,poles,cables,conduits,wire,conductors,transformers,manholes and supports of whatever materials,
including braces,guides,and other fixtures or devices used or useful in connection therewith.
Graltee shall have the right of ingress and egress 24 hours a day, 7 days a weeks,over and across the
lands of the Grantor to and from the above described easement to survey,construct, operate,maintain,
replace,enlarge,reconstruct, improve, inspect,repair and remove utility,electrical and communications
facilities and all fixtures and devices appurtenant thereto,and the right to remove any objects interfering
therewith,including but not limited to,the trimming of trees and bushes as may be necessary. Grantee
shall also have the right to use any portion of the adjacent lands of Grantor during surveying,
construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs
and removal as may be required to permit the operation of standard utility construction or repair
machinery or the operation of any other company within the boundaries of this easement.
Grantor reserves the right to occupy,use,and landscape said easement for all purposes not inconsistent
with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's
facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction,
improvement,inspection,repair and removal thereof. Grantor shall not plant any tree or bush within 3.0
feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet
without the prior written approval of Grantee. Grantor shall not install,or permit the installation of,any
buildings or permanent structures or facilities of any kind on,over,under,or across said easement without
the prior written approval of Grantee.
Upon completion of construction,Grantee shall restore the surface of Grantor's property to substantially
the same level and condition as existed prior to construction.
Fah and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall
inure to and be binding upon the respective legal representatives, heirs, executors, administrators,
successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its
employees,licensees,contractors and permitees.
Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and
lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the
exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or
Grantor's right to make the grant contained herein.
The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County,
Colorado.
Unless special provisions are listed below and/or attached, the above constitutes the entire agreement
between the parties and no additional or different oral representation, promise or agreement shall be
binding on any of the parties with respect to the subject matter of this Grant of Easement.
4153575 Pages: 12 of 13
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Carly Koppes, Clerk and Recorder, Weld County, CO
Irirla Y� r!'� �I ►h W�h BI II
W/O# Map No.: Part of Section ,Township ,Range ,
6th P.M.,County of ,State of Colorado
SIGNED AND SEALED BY GRANTOR this day of ,20_
GRANTOR:
BY:
STATE OF[STATE] )
) [INDIVIDUAL]ACKNOWLEDGEMENT
COUNTY OF[COUNTY] )
I, , a Notary Public for said County and State, do hereby certify
that[PROPERTY OWNER NAME]personally came before me this day and acknowledged that
s/he executed the foregoing Grant of Easement as his/her own act and deed.
WITNESS my hand and official Notarial Seal,this day of ,20 .
Notary Public
My Commission Expires:
STATE OF[STATE] )
) [CORPORATE]ACKNOWLEDGEMENT
COUNTY OF[COUNTY] )
I, , a Notary Public for said County and State, do hereby certify
that [OFFICER NAME]personally came before me this day and acknowledged that s/he is the
[INSERT OFFICE] of [LESSOR NAME], a [ENTITY TYPE/STATE], and s/he, being
authorized to do so, executed the foregoing Grant of Easement as his/her own act and deed on
behalf of[LESSOR NAME].
WITNESS my hand and official Notarial Seal,this_day of ,20 .
Notary Public
My Commission Expires:
4153575 Pages: 13 of 13
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 IFJ11O6Pill III
W/O# Map No.: Part of Section ,Township ,Range
6th P.M.,County of ,State of Colorado
MEMORANDUM
TO: Clerk to the Board DATE: 1/26/2016
c
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Agreement under Doc#2015-3415
Warranty Deed with Teri B. Smith- WCR 49 Corridor Project.
RECEIVED
JAN 272016
WELD COUNTY
COMMISSIONERS
M Francie\AGENDA memos\Agenda-Leon-3.doc
a (Pu) C
�- Cam. ,�S /fifre
072015-31-05
EG 007
O2 tt�
WARRANTY DEED
THIS DEED made this _ / 5T day of 20J , between Teri B. Smith,
of the County of Weld, State of Colorado, Granto{ 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 17650 WCR 49, LaSalle, Weld County, Colorado.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion and reversions,
reminder and remainders, rents, issues and profits thereof, and all estate, right, title,
interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantees, their heirs and assigns forever. And the
grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes
for the current year, easements, restrictions, covenants, conditions reservations and
rights-of-way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
4178685 Pages: 1 of 5
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Carly Koppes, Clerk and Recorder, Weld County, CO
■III t������L'1�iL'�y�'I h'I Pi tJ��M�'��y����4� I'�i��,�, UI I!I oZo
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
eri B. Smith, ner
State of �b of )
)S s.
County of Ak `rte )
The foregoing instrument was acknowledged before me this 2:2--day of 0-tkiNcl c'
20/4 , by Teri B. Smith, Owners.
JAMES R.FLESHER Witness my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO ti
NOTARY ID 20154039602
MY COMMISSION EXPIRES OCTOBER 7,2019 ti
Lary Public
My commission expires: /6/4--
4178685
Pages: 2 of 5 0.00
D Fee $
e: 0.00
26 PM R Fe $ nt CO
02/04/2016 01. Weld Cou Y
Car 1Y Koppes, Clerk and Recorder,
'Ir: rw�+il�. ��'4L�,'�t K�� � II
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).
sr
Dated this / day of I , 2016.
ATTEST: dirAiltiJelgO;€1 BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
��` STATE OF COLORADO
,�'�-- 2016
D qty Clerk t� the Bo. � �1 �.,; "'�� Mike Freeman, Chair FEB 0 1
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /31 day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSION S OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Pu lic
My commission expires: 1021(q/c,10/1
CHERYL LYNN H®PMAN
STAT : N COL4) ADO
NOTARY ID 20144J48044
MY COMMISSIJIY LXrALS ..LC. 19, 2018
4178685 Pages: 3 of 5
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIIIFAIN ii '1ird41 .itl Lei Ill II! oZo jh
EXHIBIT-A
54—SMITH—ROW
PROPERTY DESCRIPTION
A parcel of land, being a part of Lot B of Amended Recorded Exemption No. 1215-06-3—AMRE 442 (AMRE-442)
recorded April 7, 1999 as Reception No, 2685403 of the Records of Weld County, located in the Northwest
Quarter (NW1/4) of Section Six (6), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of the NW1/4 of Section 6
as bearing North 00'20'48" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 1983/2007, a distance of 2640.29 feet with all other bearings contained herein relative
thereto;
THENCE North 00'20'48' West along the West line of the NW1/4 of Section 6 a distance of 219.01 feet to the
South line of Lot B of AMRE-442;
THENCE North 88'19'57" East along the South line of said Lot B a distance of 40.01 feet to the East Right of
Way line of Weld County Road 49 recorded June 7, 1939 in Book 1046 Page 37 and to the POINT OF BEGINNING;
THENCE North 00'20'48" West along the East line of said Right of Way a distance of 1056.44 feet to the North
line of Lot B of AMRE-442;
THENCE North 88'20'04" East along the North line of said Lot B a distance of 50.01 feet to a line parallel with
and 90.00 Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6;
THENCE South 00.20'48" East along said parallel line a distance of 995.70 feet;
THENCE South 89'39'12" West along a line perpendicular to the aforesaid line a distance of 20.00 to a line parallel
with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6;
THENCE South 00'20'48" East along said parallel line a distance of 61.21 feet to the most Westerly South line of
Lot B of AMRE-442;
THENCE South 88'19'57" West along the South line of said Lot B a distance of 30.01 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 51,603 Square Feet or 1.185 Acres, more or less.
TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
The West 40.00 feet of Lot B of AMRE-442.
Said described parcel of land contains 42,258 Square Feet or 0.970 Acres, more or less.
00,00 L/c‘"rt
F it
GO J� ORS ftt
•.%
01• SGi
ll O4:•••......
4'
Paul B. Groves — On Behalf Of King Surveyors
Colorado Registered Professional
Land Surveyor #38209
RIGHT OF WAY ,, ,, WELD COUNTY DEPARTMENT
ACQIITSITION 4a 0:0 OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)36&38
SMITH
wru 4 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A
'cc ( OF,nd-or,Colorado'0550
4178685 Pages: 4 of 5 lnC°r� ns5onrs°«'c°'n DATE 5-13-IS DRAWN BY: CDL SHEET: 1 oft
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-
Carly Koppes, Clerk and Recorder, Weld County, CO
■iii R!IMAC � �ii��M ��rr,MM 54 '4'14, li ii i
EXHIBIT-A
LINE TABLE
LINE BEARING LENGTH • •NW CORNER
Sec. 6, T.3N., R.64W.
L1 NOO'20'48"W 219.01' FOUND #6 REBAR WITH
2.5" ALUMINUM CAP
L2 N88'19'57"E 40.01' STAMPED ILLEGIBLE
I IN MONUMENT BOX
L3 N88'2D'04"E 50.01'
L4 S89'39'12"W 20.00' 1'
L5 SOO'20'48"E 61.21'
TODD A. &
L6 S88'19'57"W 30.01' • RHONDA R.AMENS
l'il4L3
40' EXISTING RIGHT-OF-WAY
-(BOOK 1046, PAGE 37)
1 CL ELECTRIC EASEMENT
NOTICE 41' OFF SECTION LINE
(NO WIDTH PROVIDED)
According to Colorado law you r BOOK 1286 PAGE 151
must commence any legal
action based upon any defect o RECORDED 11-08-1950
in this survey within three p)
years after you first discover 3 TERI B. SMITH
such defect. In no event may a w
any action based upon any PARC.#121506000020
ml- to
defect in this survey be
S: b TI' RECP.#3596949
commenced more than ten i CV o
years from the dote of the O " - ;`I LOT B AM-RE 442
certification shown hereon.
(13-80-105 C.R.S. 2012) Z 0 HOUNDSKEEPER,LTD ,9,1 NW 1/4
o z S6-T3N-R64W
NE 1/4 N < .. ADDITIONAL RIGHT—OF—WAY
NOTE: This exhibit drawing Is 51-T3N-R65W m 51,603s.f.f OR 1.185ac.t
not intended to be a 3 ii
monumentolized land survey. 10 0
It's sole purpose is as a DANIEL,ERIC,&
graphic representation to aid in o /—L4
the visualization of the written • N f PAUL OSTER
property description which It O a L5
om LOT A RE 1739
accompanies. The written Z .
property description supersedes
the exhibit drawing. L. {
f L6
POINT OF .
BEGINNING W 1/4 CORNER
i I Sec. 6, T.3N., R.64W.
I FOUND #6 REBAR WITH
2.5" ALUMINUM CAP
STAMPED LS 12374, 1995
I IN MONUMENT BOX
1 I
POINT OF COMMENCEMENT
RIGHT OF WAY .,A>. WELD COUNTY DEPARTMENT
ACQUISITION 4$ r,100 OF PUBLIC WORKS
6,17-54) \� 1:4. WCR 49 CORRIDOR PROJECT
SMITH BETWEEN WCR(s)36&38
KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=300'
WCR 49 - — '.e G SS Indsoc,Colorado 80550
4178685 Pages: 5 of 5 rm'''"`°@-(""gs°"er'''' DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII k!r1tlRI RAM ICI',IliiNC k7ET IiiAtii, 111111
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