Loading...
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 4153575 Pages: 1 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ����KRM? H "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 4153575 Pages: 2 of 13 Page 2 of 5 10/28/2015 10:50 AM R Fee:$0.00 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 ($10,418.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. This will include replanting affected areas with an appropriate type of"dryland pasture grass". 5 Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement /permanent easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. 4153575 Pages: 3 of 13 CaarlZy$/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. 4153575 Pages: 4 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 4 of 5 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 4153575 Pages: 5 of 131 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 4153575 Pages: 6 of 13 • 10/28/2015 10:50 AM R Fee:$0.00 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) - 4153575 Pages: 7 of 13 ;nfo@i"gs'" •o con' DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 10/28/2015 10:50 AM R Fee:$0.00 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 4153575 Pages: 8 of 13 '�`-'}""8Survcvorscom DATE: 5-13-15 DRAWN BY: CDL SHEET: I of 2 10/28/2015 10:50 AM R Fee:$0.00 . 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 i1o@.neun•epor:.com DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4153575 Pages: 9 of 13 10/28/2015 10:50 AM R Fee:$0.00 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 10/28/2015 10:50 AM R Fee:$0.00 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 10/28/2015 10:50 AM R Fee:$0.00 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 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 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 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 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 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 - Carly Koppes, Clerk and Recorder, Weld County, CO ■iii R!IMAC � �ii��M ��rr,MM 54 '4'14, li ii i EXHIBIT-A LINE TABLE LINE BEARING LENGTH • •NW CORNER Sec. 6, T.3N., R.64W. L1 NOO'20'48"W 219.01' FOUND #6 REBAR WITH 2.5" ALUMINUM CAP L2 N88'19'57"E 40.01' STAMPED ILLEGIBLE I IN MONUMENT BOX L3 N88'2D'04"E 50.01' L4 S89'39'12"W 20.00' 1' L5 SOO'20'48"E 61.21' TODD A. & L6 S88'19'57"W 30.01' • RHONDA R.AMENS l'il4L3 40' EXISTING RIGHT-OF-WAY -(BOOK 1046, PAGE 37) 1 CL ELECTRIC EASEMENT NOTICE 41' OFF SECTION LINE (NO WIDTH PROVIDED) According to Colorado law you r BOOK 1286 PAGE 151 must commence any legal action based upon any defect o RECORDED 11-08-1950 in this survey within three p) years after you first discover 3 TERI B. SMITH such defect. In no event may a w any action based upon any PARC.#121506000020 ml- to defect in this survey be S: b TI' RECP.#3596949 commenced more than ten i CV o years from the dote of the O " - ;`I LOT B AM-RE 442 certification shown hereon. (13-80-105 C.R.S. 2012) Z 0 HOUNDSKEEPER,LTD ,9,1 NW 1/4 o z S6-T3N-R64W NE 1/4 N < .. ADDITIONAL RIGHT—OF—WAY NOTE: This exhibit drawing Is 51-T3N-R65W m 51,603s.f.f OR 1.185ac.t not intended to be a 3 ii monumentolized land survey. 10 0 It's sole purpose is as a DANIEL,ERIC,& graphic representation to aid in o /—L4 the visualization of the written • N f PAUL OSTER property description which It O a L5 om LOT A RE 1739 accompanies. The written Z . property description supersedes the exhibit drawing. L. { f L6 POINT OF . BEGINNING W 1/4 CORNER i I Sec. 6, T.3N., R.64W. I FOUND #6 REBAR WITH 2.5" ALUMINUM CAP STAMPED LS 12374, 1995 I IN MONUMENT BOX 1 I POINT OF COMMENCEMENT RIGHT OF WAY .,A>. WELD COUNTY DEPARTMENT ACQUISITION 4$ 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 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII k!r1tlRI RAM ICI',IliiNC k7ET IiiAtii, 111111 Hello