HomeMy WebLinkAbout20153422.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 - AARON AND JOYE DILLER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board was presented with an Agreement Concerning the Purchase of
Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Aaron
and Joye Diller, 15601 CR 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
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 Aaron and Joye Diller, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
2015-3422
C1',.?63 (L661) Ilhot,
EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 49 —AARON AND JOYCE DILLER
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
W LD COUNTY, COLO O
ATTEST:C,1 � J,�,/
r:Aatt Nd elio; arbara Kirkmeyer, C air
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY: ■ f I_! .�. �.� __`! _I�!�'� ��
-.1 ty Clerk to he Bo-
. `can P. Conway
7 O
`,' 1.
APPROVED AS TO FOR � 1�i
•
County Attorney
Steve Moreno
Date of signature: I I iq
2015-3422
EG0072
i86 MEMORANDUM
TO: Clerk to the Board DATE: October 5, 2015 zi U� co=u Y
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
with Aaron J. Diller and Joye C. Diller.
RECEIVED
OCT 062015
WELD COUNTY
COMMISSIONERS
M'Francie\AGENDA memos\Agenda-Leon-I doc
2015-3422
IT)
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 49, BETWEEN AARON J. DILLER and JOYE C. DILLER and
WELD COUNTY, COLORADO
THIS AGREEMENT is made this At day of -el , 2015, by and between
Aaron J. Diller and Joye C. Diller, whose address 's 15601 County Road 49, 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 Four Thousand, Seventy Four and
00/100 Dollars, ($4,074.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Temporary Construction Easement described on
Exhibit "B" (a copy of which is attached hereto and made a part hereof by this
reference), for the sum of Five Hundred Thirty Eight and 20/100 Dollars, ($538.20). The
parties acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
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Carly Koppes. Clerk and Recorder, Weld County. CO
VIII 14!F.IN;RMIEV IrlikIet l'iiM,IIIIII,ViK ati, EN f
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3. If this agreement is executed and returned to our office on or before September 15, 2015
the County shall pay the amount described in Paragraph Three "3" of the County's Rights
and Responsibilities.
4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the
Temporary Construction Easement and will defend title thereto against all claims.
5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed,
free and clear of all liens and encumbrances, except existing easements.
6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear
of all liens, encumbrances or other possessory claims, except existing easements.
7. The Temporary Construction Easement shall commence on the day the contractor enters
the property to begin construction of the Weld County Road 49 Improvement Project and
shall expire and be of no further force or effect after three (3) years, or upon the
completion of the Weld County Road 49 Improvement Project, whichever is earlier.
8. Owner shall not, during the term of the Temporary Construction Easement, erect or
construct, or allow to be erected or constructed, any building or other structures on the
property described in Exhibit "B" which may interfere with County's full enjoyment of
the rights hereunder; the Temporary Construction Easement includes all rights and
privileges as are necessary or incidental to County's reasonable and proper use of said
easement.
9. Owner shall retain the mineral estate under the Public Road Right-of-Way and the
Temporary Construction Easement, and shall also retain any water rights currently
attached to or associated with the Public Right-of-Way and Temporary Construction
Easement.
10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-of-Way
to County at the date of closing which shall be no later than thirty (30) days following the
County's execution of this Agreement.
11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way 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 and Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County
desires to obtain title insurance for the Public Road Right-of-Way and Temporary
Easement.
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Carly Koppes. Clerk and Recorder, Weld County. Co
■III h����Ei;Z����I I�'1�� �1�: " «���w=E0411%1'1'�4�� Bill
2. County shall at closing pay all fees associated with recording this Agreement and
/ or the Warranty Deed.
3. County shall pay Five Thousand, Nine Hundred Ninety Six and 00/100 Dollars
($5,996.00) to the Owner for the Public Road Right-of-Way and the Temporary
Construction Easement by County warrant(s) at the date of closing if agreement is
signed and returned on or before September 15, 2015. If the agreement is not
signed and returned on or before September 15, 2015, the County shall maintain
its current offer of Fair Market Value of Four Thousand, Six Hundred Twelve
and 00/100 Dollars ($4,612.00) for the Public Road Right-of-Way and the
Temporary Construction Easement by County warrant(s) at the date of closing.
4. County, as a condition of the granting of Temporary Construction Easement
covenants and agrees to restore the property described in Exhibit "B" to a level
comparable to its original condition.
5. Prior to construction commencing on the Project and right of way described
herein, the County shall construct a temporary fence line along the outside
boundary of the temporary construction easement. At the conclusion of
construction, the County will install a new permanent right of way fence along the
boundary of the new right of way being acquired hereunder. The owner shall be
responsible for subsequent maintenance on the permanent right of way fence,
after it has been installed.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way and the
Temporary Construction Easement made pursuant to the terms herein, shall be
binding upon, all and inure to the benefit of and be enforceable by the parties and
their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
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
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iii IiiiIr lkl Ei110:I41:F44 111111
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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Carly Koppes. Clerk and Recorder. Weld County. CO
ItII;L' '!k I:i !'iHFtHt11,,," i�,��� Ili III
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNERS: Aaron J. Diller an e C. Diller
By: � 'Z Title: ati-1
By: Title: ou A1�,�
ATTEST: di2 Jeje.p,„k, BOARD OF COUNTY COMMISSIONERS
Weld C.. t Clerk to the Bard WE D COUNTY, C LORADO
BY:
Deputy Cler: to the Boa s Jam rbara Kirkmeyet-, Chair CT 2 6 2015
APPROVED AS TO FU tt,":01,12 � PPROVED SUBSTANCE:
krqs
Controller ��`�"� ' r�fi ` , f E'�'�. fficial or Department Head
APPROV D AS O FORM: jam( I A
56 Director of General Services
County Attorney
Page 5 of 5
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Carly Koppes Clerk and Recorder. Weld County CO
VIII MirisfAM hiftliti:l 04.1 IN}511.9,I li: 'ICJ, till
EXHIBIT-A
39-DILLER-ROW
PROPERTY DESCRIPTION
A parcel of land being part of Lot 20, Milton Lake Estates First Filing, recorded July 8, 1970 as Reception No.
1550903 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of
Section Thirteen (13), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Northeast
Quarter (NE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 %" diameter aluminum cap
stamped 199?" (LS# is illegible) at the South end and by a #6 rebar with o 3 1,4" diameter aluminum cap
stomped -L S10855, 1998" at the North end, as "''bearing ng North 002419 West, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.64 feet,
with all other bearings contained herein relative thereto:
THENCE North 00'24'19" West along the East line of the Northeast Quarter (NE1/4) of said Section 13 a
distance of 683.50 feet to the intersection with the Easterly extension of the North line of said Lot 20;
THENCE South 89'35'41" West along said Easterly extension a distance of 50.00 feet to the Northeast corner of
said Lot 20, said point being the POINT OF BEGINNING;
THENCE South 00'24'19" East along the East line of said Lot 20 a distance of 593:83 feet to the Southeasterly
line of said Lot 20;
THENCE South 44'24'20" West along the Southeasterly line of said Lot 20 a distance of 37.48 feet to the
beginning point of a curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 290.93 feet, said curve having
a radius of 15630.00 feet, a central angle of 01'03'59" and a long chord bearing North 02'18'48" West a
distance of 290.93 feet;
THENCE South 87'09'13" West, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point
of a curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 98.44 feet to a Point of
Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'21'41" and a long chord
bearing North 03'01'38" West a distance of 98.44 feet;
THENCE North 03'12'28" West a distance of 10.80 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the East a distance of 221.57 feet to the North line of
said Lot 20, said curve having a radius of 15790.00 feet, a central angle of 00'48'14" and a long chord bearing
North 02'48'21" West a distance of 221.57 feet;
THENCE North 89'35'41" East along the North line of said Lot 20 a distance of 70.40 feet to the POINT OF
BEGINNING.
Said parcel of land contains 29,569 sq. ft. or 0.679 acre, more or less (±), and may be subject to any
rights—of—way or other easements of record or as now existing on said described parcel of land.
P • ° S
C0
.- 38166 y< o
Sio JAL L0
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT
ACQUISITION is � OF PUBLIC WORKS
423) `� ► WCR 49 CORRIDOR PROJECT
NAL
BETWEEN WCR(s)32&34
DILLER KING
ING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A
WCR 49
6311E Cncden Dm \Vj,,d,or,Colorado 80550
WELD COUNTY,COLORADO nhonr:(9An(06 0)11 ema;l;;,,t7,�m Sunesors.""' DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County. CO
•III M���l4�,R I+�I�IY��,«��;h�',���'�� IIf Z M•1iS '•i Ill II
EXHIBIT-A
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CH BEARING
Cl 290.93' 15630.00' 1'03'59" 290.93' NO2'18'48"W
lic._NE CORNER
C2 98.44' 15610.00' 0'21'41" 98.44' NO3'01'38"W Sec. 13, T.3N., R.65W.
FOUND #6 REBAR WITH
( 03 I 221.57' 115790.00' 10'48'14" 1221.57' ( NO2-413'21"w I 3.25" ALUMINUM CAP
STAMPED LS 10855, 1998
j, , IN MONUMENT BOX
NOTICE
According to Colorado law you DIANE P. &JAMES I
must commence any legal I
action based upon any defect MILDENBERGER POINT OF
in this survey within three LOT 19 MILTON LAKES BEGINNING
years after you first discover ESTATES FIRST FILING+ i
such defect. In no event may L5 /1..1
any action based upon any
defect In this survey be I
commenced more than ten 20' DRAINAGE AND UTILITY EASEMENT i
years from the date of the 10' ON EACH SIDE OF LOT LINE J
certification shown hereon.
(13-80-105 C.R.S. 2012) FROM MILTON LAKE ESTATES FIRST FILING ON
(REC. N0. 1550903) M 4
NOTE: This exhibit drawing is AARON J. & M
not intended to be a a0
monumentalized land survey. JOYE C. DILLER '`i
It's sole purpose is as a a)
graphic representation to aid in PARC.#121313101003 "1 I
the visualization of the written
property description which It RECP.#2937308 WI
accompanies. The written a) .-,
property description supersedes L4 <O (6
S:
the exhibit drawing. NE 1/4 N cn
Z
513-T3N-R65W U o N Q
to wm
ADDITIONAL RIGHT—OF—WAY La-
il 29,569s.f.± OR 0.679ac.± 0) 0
LINE TABLE L3 N N FRONT RANGE
50' EXISITING RIGHT-OF-WAY o ¢
LINE BEARING LENGTH MILTON LAKE ESTATES _ 2,S
FEEDLOTS,LLC
L1 S89'35'41"W 50.00' FIRST FILINGNW 1/4
(REC. NO. 1550903) in S18-3N R64W
U ri
L2 S44'24'20"W 37.48' 00
t
L3 S87'09'13"W 20.00' 40' EXISTING RIGHT-OF-WAY
L4 NO3'12'28"W 10.80' MILTON LAKE ESTATES E 1/4 CORNER
FIRST FILING- i Sec. 13, T.3N., R.65W.
L5 N89'35'41"E 70.40' (REC. NO. 1550903) o I FOUND #6 REBAR WITH
`L o —3.25" ALUMINUM CAP
Z ILLEGIBLE, 199X
IN MONUMENT BOX
POINT OF COMMENCEMENT
•
RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT
ACQUISITION ‘111Ar OF PUBLIC WORKS
ROD 39 \� ► . WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32&34
DILLER
KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150'
WCR 49 650 E.Garden Drive I \Windsor,Colorado 80550
WC!itCili NTY COLORADO ,,hone(970)6865011 i "'ad:into.rrl:'ngs'''')">.enn" DATE: 5-11-15 DRAWN BY: CDL SHEET: 2of2
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Carly Koppes, Clerk and Recorder, Weld County CO
1111 MIr1nW ii1'I It"w,I Ike lkill ill,id.1M`li'ilyh 1111
F,XiiiBIT®B
39—DILLER—TE
PROPERTY DESCRIPTION
A strip of land, Twenty (20) feet in width, being part of Lot 20, Milton Lake Estates First Filing, recorded July 8, 1970 as
Reception No. 1550903 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of
Section Thirteen (13), Township Three North (f.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Northeast Quarter (NEl/4)
of said Section 13, being monumentalized by a #6 rebar with a 3 1 diameter aluminum cap stamped 199? (LS# is illegible)
at the South end and by a #6 rebar with a 3 14 diameter aluminum cap stamped iS10855, 1998 at the North end, as
bearing North 00'24'19 West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983, a distance of 2649.64 feet, with ail other bearings contained herein relative thereto:
THENCE North 00'24'19 West along the East line of the Northeast Quarter (NE1/4) of said Section 13 a distance ot 683.50 feet
to the intersection with the Easterly extension of the North line of said Lot 20;
THENCE South 89'35'41 West along said Easterly extension and along the North line of said Lot 20 a distance of 120.40 feet
to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING;
THENCE along the arc of said curve which is concave to the East o distance of 221.57 feet to a Point of Tangency (PT), said
curve having a radius of 15790.00 feet, a central angle of 00'48'14 and a long chord bearing South 02'48'21" East a distance
of 221.57 feet;
THENCE South 03'12'28' East a distance of 10.80 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the West a distance of 98.44 feet, said curve having a radius of
15610.00 feet. a central angle of 00'21'41 and a long chord bearing South 03'01'38' East a distance of 98.44 feet;
THENCE North 87'09'13 East, non—tangent to aforesaid curve, o distance of 20.00 feet to the beginning point of a curve, said
curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 290.93 feet to the Southeasterly line of said
Lot 20, said curve having a radius of 15630.00 feet, a central angle of 01'03'59' and a long chord bearing South 02'18'48'
East a distance of 290.93 feet;
THENCE South 44'24'20' West along the Southeasterly line of said Lot 20 a distance of 27.73 feet to the beginning point of a
curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 289.76 feet, said curve having a radius of
15610.00 feet, a central angle of 01'03'49- and a long chord bearing North 02'14'29" West a distance of 289.75 feet;
THENCE South 87'09'13 West, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said
curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West o distance of 118.32 feet to a Point of Tangency (PT), said
curve having a radius of 15590.00 feet, a central angle of 00'26'05 and a long chord bearing North 02'59'25 West a distance
of 118.32 feet;
THENCE North 03'12'28 West a distance of 10.80 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the East a distance of 222.55 feet to the North line of said Lot 20, said
curve having a radius of 15810.00 feet, a central angle of 00'48'24' and a long chord bearing North 02'48'16 West a distance
of 222.55 feet;
THENCE North 89'35'41 East along the North line of said Lot 20 a distance of 20.01 feet to the POINT OF BEGINNING.
Said strip of land contains 13,032 sq. ft. or 0.299 acre, more or less (±), and may be subject to any rights—of—way or other
easements of record or as now existing on said described strip of land.
s` 9
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
TEMPORARY EASEMENT .A.. WELD COUN"I Y DEPARTMENT
ACQUISITION 1 re:✓ OF PUBLIC WORKS
TE s9 ►4.,, WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32& 34
[MI [ER
KING St'RVIiil.r>RS PROJECT NO: SRP-26 SCALE: N'A
WCR 49
V C'Ot iN IY.COLORADO DATE 5-11-15 DRAWN BY: CDI. SHEET I of
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EXHIBIT-B
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CH BEARING
C1 221.57' 15790.00' 0'48'14" 221.57' S02'48'21"E
C2 98.44' 15610.00' 0'21'41" 98.44' S03'01'38"E
C3 290.93' 15630.00' 1'03'59" 290.9.3' S02'18'48"E . -NE CORNER •
\k rSec. 13, T.3N., R.65W.
C4 289.76' 15610.00' 1'03'49" 289.75' NO2'14'29"W VE FOUND #6 REBAR WITH
3.25" ALUMINUM CAP
C5 118.32' 15590.00' 0'26'05" 118.32' NO2'59'25"W STAMPED LS 10855, 1998
C6 222.55' 15810.00' 0'48'24" 222.55' NO2'48'16"W IN MONUMENT BOX
NOTICE DIANE P. &JAMES
According to Colorado law you MILDENBERGER POINT OF
must commence any legal LOT 19 MILTON LAKES BEGINNING
action based upon any defect ESTATES FIRST FILING
in this survey within three L8 L2 L1
years after you first discover I I
such defect. In no event may
any action based upon any 20' DRAINAGE AND UTILITY EASEMENT }
defect In this survey be J
commenced more than ten 10' ON EACH SIDE OF LOT LINE I • I
years from the date of the FROM MILTON LAKE ESTATES FIRST FILING
certification shown hereon. �'
(13-80-105 C.R.S. 2012) REC. NO. 1550903) U U 16AARON J. &
NOTE: This exhibit drawing is JOYE C. DILLER not intended .ded to be a I
monumentalize monumentalized land survey. PARC.#121313101003
It's sole sole purpose Is as a
graphic representation to aid in RECP.#2937308
the visualization of the written
property description which It L3 .co N
accompanies. The written L7 .0.j C7
property description supersedes NE 1/4 1 d• ?
the exhibit drawing. S13-T3N-R65W to U U
L4 I Nit-
co
..'0, '6
LINE TABLE L6 I N N FRONT RANGE
LINE BEARING LENGTH 50' EXISITING MILTONRIGHT-OF-WAY LAKE ESTATES ( I o a
o m FEEDLOTS,LLC
FIRST FILING I z
L1 S89'35'41"W 50.00' (REC. NO. 1550903) I 0• NNW lea
M S18-T3N-R64W
o t�
L2 S89'35'41"W 70.40' 20' TEMPORARY EASEMENT
13,032s.f.± OR 0.299ac. •
L3 S03'12'28"E 10.80' 1- I 3
•
40' EXISTING RIGHT-OF-WAY oI a) E 1/4 CORNER
L4 N87'09'13"E 20.00' MILTON LAKE ESTATES Sec. 13, T.3N., R.65W.
FIRST FILING Ss4 FOUND #6 REBAR WITH
L5 S44'24'20"W 27.73' (REC. NO. 1550903) 0 3.25" ALUMINUM CAP
L6 S87'09'13"W 20.00' �o Z ILLEGIBLE, 199X
IN MONUMENT BOX
L7 NO3'12'28"W 10.80' POINT OF COMMENCEMENT
L8 N89'35'41"E 20.01' _ _ __ __-\
TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT
ACQUISITION `� 9, OF PUBLIC WORKS
TE-39 \� 1' WCR 49 CORRIDOR PROJECT
• BETWEEN WCR(s)32&34
DILLER
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=150'
WELD COUNTY,COLORADO 63l E.Garden u cs"a; Colorado russo
ph°".(ga'j asp-suit cm"'i:""["@t"",O"nry."sc"' DATE: 5-11-15 DRAWN EY: CDI, SHEET: 2 of 2
4153582 Pages: 9 of 9
10/28/2015 10:50 AN R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
uIII RIF.4OI+elfA«Itl' i gNietiw MJiM4,ki,iii II III
1861 MEMORANDUM
TO: Clerk to the Board DATE: 1/26/2016
,_COUNTY
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Agreement under Doc #2015-3yaa
Warranty Deed with Aaron J. and Joye C. Diller- WCR 49 Corridor Project.
RECEIVED
JAN 2 7 2016
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos'Agenda-Leon-3.doc
el/I• (LS/16
) •0.2 / o20is
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WARRANTY DEED
THIS DEED made this /I Sf day of raiz
20/6, between Aaron J. Diller
and Joye C. Diller, whose address is 15601 County R d 49, LaSalle, Colorado 80645,
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, Grantee:
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,
confirm, unto thegrantee, their heirs and assigns forever, all the real property
convey and gp p y
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: 15601 County Road 49, LaSalle, Weld County, Colorado 80645.
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.
RESERVING unto Grantor the mineral estate under said property, including oil,
gas and any and all water rights currently attached to or associated with said property,
except as required to sustain the integrity of the surface estate granted herein.
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,
4178687 Pages: 1 of 5 020/�''`5
02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County, CO
1III killAr,kil'iiAlMilli A I iYiV'VIVI P,Williiii BM
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.
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
Aaron filler, Owner Joye C. 1 er, O
State of CvZa �a )
)ss.
County of tJ�-;- )
The foregoing instrument was acknowledged before me this R4- day ofrJuct2i,
20/6 , by Aaron J. Diller and Joye C. Diller.
• JAMES R. FLESHER Witness my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO
:VOTARY ID 20154039602
• IMISSION EXPIRES OCTOBER 7,2019
otary Public
My commission expires: / o/7119
4178687 Pages: 2 of 5
02/04/2016 01 Clerk:26PI1 R Fede:$0W00d D oFee $0000
Carly KoPPes,KR:Nat Id' + '� ���l,�'�i4RJ��M�htw�i�tiltih �IIII
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 , 2016.
ATTEST: did& '4k. BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY: Y:
ty Clerk to he Boar. l �. '�� Mike Freeman, Chair
ia61 r FEB 01 2016
STATE OF COLORADO ) 14(4
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /sT day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSION RS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Publ c
My commission expires: A / /cO/d
CHERYL LYNN HOFFMAN
NO1-14ii P% .IC
STAN OPC �Bm. d��®
NOTARY ID 201440.48044
MY COMMI3SION LXr' RcS ucC. 19, 2018
4178687 Pages: 3 of 5
02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 �d/�
Carly Koppes: Clerk and Recorder, Weld County, CO 142191,
11111
EXHIBIT-A
39-DILLER-ROW
PROPERTY DESCRIPTION
A parcel of land being part of Lot 20, Milton Lake Estates First Filing, recorded July 8, 1970 as Reception No.
1550903 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of
Section Thirteen (13), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Northeast
Quarter (NE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 %" diameter aluminum cap
stamped 199?" (LS# is illegible) at the South end and by a #6 rebar with a 3 IA" diameter aluminum cap
stamped `1_S10855, 1998" at the North end, as bearing North 00'24'19" West, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.64 feet,
with all other bearings contained herein relative thereto:
THENCE North 00'24'19" West along the East line of the Northeast Quarter (NE1/4) of said Section 13 a
distance of 683.50 feet to the intersection with the Easterly extension of the North line of said Lot 20;
THENCE South 89'35'41" West along said Easterly extension a distance of 50.00 feet to the Northeast corner of
said Lot 20, said point being the POINT OF BEGINNING;
THENCE South 00'24'19" East along the East line of said Lot 20 a distance of 593:83 feet to the Southeasterly
line of said Lot 20;
THENCE South 44'24'20" West along the Southeasterly line of said Lot 20 a distance of 37.48 feet to the
beginning point of a curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 290.93 feet, said curve having
a radius of 15630.00 feet, a central angle of 01'03'59" and a long chord bearing North 02'18'48" West a
distance of 290.93 feet;
THENCE South 87'09'13" West, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point
of a curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 98.44 feet to a Point of
Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'21'41" and a long chord
bearing North 03'01'38" West a distance of 98.44 feet; •
THENCE North 03'12'28" West a distance of 10.80 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the East a distance of 221.57 feet to the North line of
said Lot 20, said curve having a radius of 15790.00 feet, a central angle of 00'48'14" and a long chord bearing
North 02'48'21" West a distance of 221.57 feet;
THENCE North 89'35'41" East along the North line of said Lot 20 a distance of 70.40 feet to the POINT OF
BEGINNING.
Said parcel of land contains 29,569 sq. ft. or 0.679 acre, more or less (±), and may be subject to any
rights—of—way or other easements of record or as now existing on said described parcel of land.
4 .1•i
38106 y o
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT
ACQUISITION 4a e.# OF PUBLIC WORKS
►"4. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32&34
DILLER
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A
WELD COUNTY,COLORADO 650 E.Carden Drive I Windsor,Colorado 80550
phone.(970)686-501 i email:into@KingSurveyorscorn DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 of 2
4178687 Pages: 4 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 FAIN Gh AMM'4, 1I II I
EXHIBIT-A
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CH BEARING
C1 290.93' 15630.00' 1'03'59" 290.93' NO2'18'48"W
NE CORNER
C2 98.44' 15610.00' 0'21'41" 98.44' NO3'01'38"W Sec. 13, T.3N., R.65W.
FOUND #6 REBAR WITH
I C3 I 221.57' 115790.00' I 0'48'14" i 221.57' NO2`48'21"W 1 : I3.25" ALUMINUM CAP
STAMPED LS 10855, 1998
jr. , IN MONUMENT BOX
NOTICE
According to Colorado law you DIANE P. &JAMES
must commence any legal I
action based upon any defect MILDENBERGER POINT OF
In this survey within three LOT 19 MILTON LAKES BEGINNING
years after you first discover ESTATES FIRST FILING 1
such defect.In no event may L5 1 L1
any action based upon any
defect in this survey be commenced more than tan 20' DRAINAGE AND UTILITY EASEMENT 1
years from the date of the 10' ON EACH SIDE OF LOT LINE' l
.
certification shown hereon.
(13-80-105 C.R.S. 2012) FROM MILTON LAKE ESTATES FIRST f7LING
(REC. NO. 1550903)
NOTE: This exhibit drawing is AARON J. & U r7
not Intended to be a aO.
monumentalized land survey. JOYS C. j
DILLER ra
It's sole purpose is as arn
graphic representation to aid in PARC.#121313101003 inI
the visualization of the written
property description which it RECP.#2937308 w I
accompanies. The written p) "
property description supersedes L4 co
the exhibit drawing. NE 1/4 (Ni ?
S13-T3N-R65W U 0 co Q
N W
ADDITIONAL RIGHT—OF--WAY
3
29,569s.f.± OR 0.679ac.± cn o
LINE TABLE L3 N N FRONT RANGE
50' EXISITING RIGHT-OF-WAY o <
LINE BEARING LENGTH MILTON LAKE ESTATES a m FEEDLOTS,LLC
FIRST FILING Z
L1 S89'35'41"W 50.00' NW 1/4
(REC. NO. 1550903) to I si.s-3N R64W
U Ni
L2 S44'24'20"W 37.48'
L3 S87'09'13"W 20.00' 40' EXISTING RIGHT-OF-WAY 3
L4 NO3'12'28"W 10.80' MILTON LAKE ESTATES in I E 1/4 CORNER
FIRST FILING_ c Sec. 13, T.3N., R.65W.
L5 N89'35'41"E 70.40' (REC. NO. 1550903) o FOUND #6 REBAR WITH
,,� o —3.25 ALUMINUM CAP
Z ILLEGIBLE, 199X
IN MONUMENT BOX
, • POINT OF COMMENCEMENT
- - -- -- -- -\
RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT
ACQUISITION 40 ..r OF PUBLIC WORKS
Rw_39 \� ► WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32&34
DILLER PROJECT NO: SRP-26 SCALE: I"-150'
WCR 49 KING SURVEYORS
650 E.Garden Drivel \V,,idsor,Colorado 80550
WELD COUNTY,COLORADO phone:(970)686-5011 I email:mfonlKn859"cwn.con' DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2
4178687 Pages: 5 of 5
02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County, CO
Ell Eir.r!IRZII,M llLh:1 41Ahilllit ills i ilidil Li. BIM I
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