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Home My WebLink About20153516.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 -TIMOTHY AND ERIN ARTER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Timothy and Erin Arter, 9405 County Road 49, Hudson, Colorado 80642, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Timothy and Erin Arter, 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. 2015-3516 EG0072 &C-Pt (Ls/7 ///3 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 —TIMOTHY AND ERIN ARTER PAGE 2 duly made and seconded, adopted The above and foregoing Resolution was, on motion p by the following vote on the 28th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO ADO ATTEST: Asa% ai1J .,1dp.4 Barbara Kirkmeyer, hair Weld County Clerk to the Board - Mike Freeman, Pro-Tem BY: C i Q9 � D\ ty Clerk to the Board �I� '�% - �� } l_ 4 s-an P. Conway fie APPROVED AS TO FORM: t $V.1, -M u ie A. Cozad .unty Attorney 7 ` (Steve Moreno ll/Date of signature: 9 2015-3516 EO0072 a � 1861 MEMORANDUM ~ ■�J TO: Clerk to the Board DATE: October 21, 2015 V� _o-uNT.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 Timothy&Erin Arter. RECEIVED OCT 232015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3516 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN Timothy Arter and Erin Arter and WELD COUNTY, COLORADO THIS AGREEMENT is made this oG zi day of 5-01bnkY , 2015, by and between Timothy Arter and Erin Arter, whose address is 9405 County Road 49, Hudson CO, 80642- 9507, 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 Two Thousand, Seven Hundred Twenty One and 00/100 Dollars, ($2,721.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easements described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred Eighty Six and 00/100, 4154185 Pages: 1 of 9 10/29/2015 01 :17 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO dill Mai rt IEl;I,Ci'r+04 wul YU, II III • Dollars ($486.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before October 08, 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. encumbrance associ ated with the Public Road Right-of-Way 11. Owner shall pay any g Y the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other 4154185 Pages: 2 of 9 Page 2 of 5 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO 1111 M!�.rP' ,��r'i ��W��rE�fl Y.51 WC), "Ill ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and / or the Warranty Deed. 3. County shall pay Twelve Thousand, One Hundred Nineteen Dollars ($12,119.00) 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 October 08, 2015. If the agreement is not signed and returned on or before October 08, 2015, the County shall maintain its current offer of Fair Market Value of Eleven Thousand, One Hundred Fifty Seven Dollars ($11,157.00) 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, 4154185 Pages: 3 of 9 Page 3 of 5 10/29/2015 01.17 R Carly Koppes anede$0W00d k d Reco County.. CO 1111 l��1P1��'�'�ti« I�� ft it,L64P�r �l�r�� I III express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4154185 Pages: 4 of 9 10/29/2015 01:17 PM R Fee:$0.00$0.00 Page 4 of 5 Carly Koppes: Clerk and Recorder. Weld County. CO Bill IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Timoth Arter and Erin Arter • By: Title: By: -----,4iTitle: ATTEST: ,d� „ w ;,,k, BOARD OF COUNTY COMMISSIONERS Weld • my Clerk to the oard WELDCOUNTY, OLORADO BY: i��u�� 1 / A1ALl,U - iputy C! rk to the B �. L arbara Kirkme er Chair CT 2 8 2015 APPROVED AS TO F APPROVED TO SUBSTANCE: 40.42(4. / -1 Controller I r "� � Ele ed(O9ficial or Department Head APPROVED AS TO FORM: NI IA 'PS Director of General Services County Attorney Page 5 of 5 4154185 Pages: 5 of 9 /�_ 3l cv 10/29/2015 01:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County CO ■III Kill'�ni fi Mill ai inh Fl litO,4fl iiiiiii iii, Ill III EXHIBIT-A 10-KINNISON-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot A, Recorded Exemption No. 1307-13-4—RE-680, recorded August 2, 1984 as Reception No. 01976221 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 34" diameter aluminum cap stamped 'LS27269, 2004" at the North end and by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2 .4' diameter aluminum cap stamped 'LS27269, 1998," as bearing South 00'32'12" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE North 89'49'20" West along the North line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 13, said point being the POINT OF BEGINNING; THENCE South 00'32'12" East along said West Right—of—way line a distance of 1175.26 feet to the South line of said Lot A; THENCE South 89'27'48' West along the South line of said Lot A a distance of 45.99 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 27.11 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 19,770.00 feet, a central angle of 00'04'43" and a long chord bearing North 01'39'37" East a distance of 27.11 feet; THENCE along the arc of a curve which is concave to the West a distance of 766.08 feet to a Point of Tangency (PT), said point being Thirty (30) feet, as measured at a right angle, West of said West Right—of—way line, said curve having a radius of 19,630.00 feet, a central angle of 02'14'10' and a long chord bearing North 00'34'53" East a distance of 766.03 feet; THENCE North 00'32'12" West along a line being Thirty (30) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 382.65 feet to the North line of the Southeast Quarter (SE1/4) of said Section 13; THENCE South 89'49'20" East along the North line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 30.00 feet to the POINT OF BEGINNING. Said parcel of land contains 39,498 sq. ft. or 0.907 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Lot A, Recorded Exemption No. 1307-13-4—RE-680. Said existing Right—of—way contains 47,000 sq. ft. or 1.079 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. P L 3 ) 1 Ot� y ° �� '330•7-01 - Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A., WELD COUNTY DEPARTMENT 4a e.*OF PUBLIC WORKS ACQUISITION RW-10 All ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20& 22 KINNISON C'''R\l?1'OR5 PROJECT NO. SRP-26 SCALE N/A 4154185 Pages: 6 of 9 10/29/2015 01:17 PM R Fee:$0.00 ''"°k"'>'` ""' DATE: 3-12-15 DRAWN BY: CI) , SHEET 101'2 Carly Koppes, Clerk and Recorder, Weld County, CO v4SiL1h+lw'minietKd.riaME"i, 11111 EXHIBIT-A POINT OF COMMENCEMENT POINT OF BEGINNING E 1/4 COR S13-T2N-R65W FND #6 REBAR WITH L3 N: L 3.25" ALUMINUM CAP STAMPED LS 27269 2004 in IN MON. BOX co (n N 0 00 Z r) EE a mI ADDITIONAL RIGHT-OF-WAY o 39,498sf.± OR 0.907ac.± -r�N o t5I o Qi Z mDONALD & SUSAN SCOTT M. & VICKI A. BRATRSOVSKY KINNISON N _ I l PARC.#130717000031 N REC.#02370744 IA I OT A RE NO. I307-I3-4-RE-630 N NOTICE NI N) According to Colorado law you must commence 1O O any legal action based upon any defect in this N 0 survey within three years after you first discover u-j N such defect. In no event may any action based (— upon any defect in this survey be commenced SE1/4 more than ten years from the date of the _ certification shown hereon. (13-80-105 C.R.S. S13-T2N-R65W w 2012) N-NtNOTE: This exhibit drawing is not Intended to be I a monumentalized land survey. It's sole purpose 40' EX/STING RIGHT-OF-WAY 0,FI is as a graphic representation to aid in the (BOOK 1055 PAGE 192) N0 visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. t N U CURVE TABLE sw 1/4 ►--I S18-T2N-R64W CURVE LENGTH RADIUS DELTA CHORD CH BEARING �i HOLLY BODA-SUTTON Cl 27.11' 19770.00' O'O4'43" 27.11' NO1'39'37"E & WILLIAM SUTTON C2 766.08' 19630.00' 2'14'10" 766.03' NOO'34'53"E LINE TABLE L2 CALCULATED POSTION i I LINE BEARING LENGTH SE COR S13-T2N-R65W L1 N89'49'20"W 40.00' SE COR S13-T2N-R65W FND #6 REBAR WITH L2 S89'27'48"W 45.99' 2.5" ALUMINUM CAP STAMPED LS 27269 1998 L3 S89'49'20"E 30.00' WITNESS CORNER RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION �� it OF PUBLIC WORKS RE/-1)) �,� ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20 &22 KINNISON - --- )_- Si'R\IaORS PROJECT NO: SRP-26 SCALE:I"=200' 4154185 Pages: 7 of 9 10/29/2015 01:17 PM R Fee:$0.00 ""1""""K"':''''''''''''""' DATE: 3-12-15' DRAWN BY: C'DI. SHEET. 2 of_2 Carly Koppes. Clerk and Recorder. Weld County, CO 1111!0r10JCI Cirri Viti V'L'*dal K4 i MJO IO:ii0sA iiii, "Ill EXHIBIT-B 10-KINNISON-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Lot A, Recorded Exemption No. 1307-13-4—RE-680, recorded August 2, 1984 as Reception No. 01976221 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentolized by a #6 rebar with a 3 k" diameter aluminum cap stamped 'LS27269, 2004" at the North end and by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2X14" diameter aluminum cap stamped `LS27269, 1998," as bearing South 00'32'12" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE North 89'49'20" West along the North line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 13; THENCE continuing North 89'49'20" West along the North line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 30.00 feet to a point being Thirty (30) feet, as measured at a right angle, West of said West Right—of—way line, said point being the POINT OF BEGINNING; THENCE South 00'32'12" East along a line being Thirty (30) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 382.65 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 766.08 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 19,630.00 feet, a central angle of 02'14'10" and a long chord bearing South 00'34'53" West a distance of 766.03 feet; THENCE along the arc of a curve which is concave to the East a distance of 27.11 feet to the South line of said Lot A, said curve having a radius of 19,770.00 feet, a central angle of 00'04'43" and a long chord bearing South 01'39'37" West a distance of 27.11 feet; THENCE South 89'27'48" West along the South line of said Lot A a distance of 20.01 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 27.89 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 19,790.00 feet, a central angle of 00'04'51" and a long chord bearing North 01'39'33" East a distance of 27.89 feet; THENCE along the arc of a curve which is concave to the West a distance of 765.30 feet to a Point of Tangency (PT), said point being Fifty (50) feet, as measured at a right angle, West of said West Right—of—way line, said curve having a radius of 19,610.00 feet, a central angle of 02'14'10" and a long chord bearing North 00'34'53" East a distance of 765.25 feet; THENCE North 00'32'12" West along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 382.90 feet to the North line of the Southeast Quarter (SE1/4) of said Section 13; THENCE South 89'49'20" East along the North line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 23,519 sq. ft. or 0.540 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. <, •o ` — I 'I X8106 yq Ise °° Q .. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4. .�OF PUBLIC WORKS ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20& 22 KINNISON RINr. SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 4154185 Pages: 8 of' 9 c Ind Colorado 3) 10/29/2015 01:17 PM R Fee:$0.00 '""'l"'k-'I''"`'" e>" ""' DATE: 3-12-15 DRAWN BY: CDL SHEET: I oft Carly Koppes, Clerk and Recorder. Weld County; CO IDI wpdr 4s,ti��v 1��Mi'.R' l�r��P '�,Mr�L�;��ii��r�, 11111 EXHIBIT-B POINT OF BEGINNING POINT OF COMMENCEMENT E 1/4 COR S13-T2N-R65W L4 FND #6 REBAR WITH 7\ L2 L 3.25' ALUMINUM CAP STAMPED LS 27269 2004 rn ' IN MON. BOX SE1/4 N ri z S13-T2N-R65W M °° WI m r 0 N SCOTT M. & VICKI A. o m I NOTICE KINNISON z DONALD & SUSAN According to Colorado law you must commence PARC.#130717000031 cn BRATRSOVSKY any legal action based upon any defect in this survey within three years after you first discover REC.#02370744 N such defect. In no event may any action based I co I upon any defect in this survey be commenced LOT A RE NO. 1307-13-4-RE-680 • N more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. !� 2012) 20' TEMPORARY EASEMENT I iv NOTE: This exhibit drawing is not intended to be 23,519sf.± OR 0.540ac.±~ _ M a monumentalized land survey. It's sole purpose O is as a graphic representation to aid in the (n visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. 40' EXISTING RIGHT-OF-WAY I I (BOOK 1055 PAGE 192) 1 7 I I CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING C1 766.08' 19630.00' 2'14'10" 766.03' S0034'53"W I I C2 27.11' 19770.00' 0'04'43" 27.11' S01'39 37"W stX SW 1/4 C3 27.89' 19790.00' 0'04'51" 27.89' 1 NO1'39 33" M 5 E I I 8 T2N R64W C4 765.30' 19610.00' 2'14'10" 765.25' NOO'34'53"E HOLLY BODA-SUTTON & WILLIAM SUTTON LINE TABLE mil LINE BEARING LENGTH L3 L1 N89'49'20"W 40.00' I I CALCULATED POSTION L2 N89'49'20"W 30.00' SE COR S13-T2N-R65W SE COR S13-T2N-R65W L3 S89'27'48"W 20.01' FND #6 REBAR WITH 2.5" ALUMINUM CAP L4 S89'49'20"E 20.00' STAMPED LS 27269 1998 WITNESS CORNER TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 44 of a OF PUBLIC WORKS AC Q TC EE-lo ,\� �. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20 &22 KINNISON J1 J ( SCR\'i?l'ORS PROJECT NO: SRI'-26 SCALE:I"=200' 4154185 Pages: 9 of 9 Wind,or, `"I""d"8 °"° 10/29/2015 01:17 PM R Fee:$0.00 ""1"'t""`k""O""''''' DATE: 3-12-15 DRAWN BY: CDL SHEET: 2 of 2 Carly Koppes, Clerk and Recorder, Weld County, CO AI.' 10, till MEMORANDUM TO: Clerk to the Board DATE: 1/26/2016 1J you TYg FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Agreement under Doc#2015-3516 Warranty Deed with Timothy and Erin Arter- WCR 49 Corridor Project. RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos'Agenda-Leon-3.doc 02 ! it, ,205 SJl� WARRANTY DEED THIS DEED made this / f day of` 201 fr, between Timothy Arter and Erin Arter, whose address is 9405 County Road ji,b444, udson, CO 80642, 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, 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: 9405 County Road 49, Hudson, Weld County, Colorado 80642. 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, 4178683 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 �O/��5/ II 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. Timothy Arter, Owner in er, State of Co c-r; ) )ss. County of 1/tGL9 ) The foregoing instrument was acknowledged before me this fq day of�'�AjJ �y 20 /` , by Timothy Arter and Erin Arter. JAMES R. FLESHER Witness my hand and official seal. STATE OF COLORADO `'. NOTARY ID 20154039602 My COMMISSION EXPIRES OCTOBER 7,2019 �+ ai otary Public My commission expires: ►a /15 4178683 Pages: 2 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIWild"J+,Z aaIii:10I��liCiPRMRI III 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 /`ST day of , 2016. ATTEST: d42441 '‘‘c. BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO sLa BY: I , . sl_ �, '=tio Y: D ty Clerk t the Boar s 361 ;, � � , � ..� Mike Freeman, Chair FEB 4 1 2016 STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me th•is /5 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 c My commission expires: /02//1/09-0/1 CHERYL LYNN HO MAN NOTALd'r PUBLIC STAVE OP `OLOaADO NOTARY ID 20144 .48044 MY COMMISSION EXPHRcS uEC. 19, 2018 4178683 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 �lll killAnliti MIg WU,UAL �Lh'rY�1al��+F�ti t i �I II I EXHIBIT-A 10-KINNISON-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot A, Recorded Exemption No. 1307-13-4—RE-680. recorded August 2, 1984 as Reception No. 01976221 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentolized by a #6 rebar with a 3 %" diameter aluminum cap stamped `LS27269, 2004" at the North end and by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with o 2 1" diameter aluminum cop stamped `LS27269, 1998," as bearing South 00'32'12" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE North 89.49'20" West along the North line of the Southeast Quarter (SE1/4) of sold Section 13 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 13, said point being the POINT OF BEGINNING; THENCE South 00'32'12" East along said West Right—of—way line a distance of 1175.26 feet to the South line of said Lot A; THENCE South 89'27'48" West along the South line of said Lot A a distance of 45.99 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 27.11 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 19,770.00 feet, o central angle of 00'04'43" and a long chord bearing North 01'39'37" East a distance of 27.11 feet; THENCE along the arc of a curve which is concave to the West a distance of 766.08 feet to a Point of Tangency (PT), said point being Thirty (30) feet, as measured at a right angle, West of said West Right—of—way line. said curve having a radius of 19,630.00 feet, a central angle of 02'14'10" and a long chord bearing North 00'34'53" East a distance of 766.03 feet; THENCE North 00'32'12- West along a line being Thirty (30) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 382.65 feet to the North line of the Southeast Quarter (SE1/4) of said Section 13; THENCE South 89'49'20" East along the North line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 30.00 feet to the POINT OF BEGINNING. Said parcel of land contains 39,498 sq. ft. or 0.907 acre, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Lot A, Recorded Exemption No. 1307-13-4—RE-680. Said existing Right—of—way contains 47,000 sq. ft. or 1.079 acres, more or less (±). and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. t P� • L �1 ;'tee'• ' ri'� as -a 38106 y0 � m . '"4,30.71016., -1�. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 4a .9.✓ OF PUBLIC WORKS (ow lc) `� . . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 KINNISON T=T"C SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 4178683 Pages: 4 of 5 INC Windsor.Colorado 80550 02/04/2016 01:26 PM R Fee:$0.00$0.00 D Fee:$0.00$0.00 I email:info@KIngSurveyorstom DATE: 3-12-15 DRAWN BY: CDL SHEET: 1 of 2 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kir rlr KrI "IRWIN LI 1 CAW ill FLti I' "Ill EXHIBIT-A POINT OF COMMENCEMENT POINT E 1/4 COR S13-T2N-R65W OF BEGINNING FND #6 REBAR WITH L3 L4577-3.25" ALUMINUM CAP STAMPED LS 27269 2004 - o �. IN MON. BOX co Cu cV 0 ca Z Y) R <I La 3 m ADDITIONAL RIGHT—OF—WAY N o 39,498s1.± OR 0.907ac.± M N o '05I o Z a CO i DONALD& SUSAN SCOTT M. & VICKI A. N I BRATRSOVSKY KINNISON N I PARC.#130717000031 _ N i REC.#02370744 La LOT A RE NO. 1307-13-4-RE-680 N I N0110E N( According to Colorado law you must commence i0 r) any legal action based upon any defect in this survey within three years after you first discover iri to such defect In no event may any action based N upon any defect in this survey be commenced S E 1/4 mare than ten years from the date of the - certification shown hereon. (13-80-105 C.R.S. S13-T2N-R65W w 2012) iv NO1E: This exhibit drawing is not intended to be 40'EXISTING RIGHT—OF—WAY :'� i a monumentalized land survey. It's sole purpose p -..-1 Is as a graphic representation to aid in the (BOOK 1055 PAGE 192) 0 I visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. cl U CURVE TABLE w sW 1/4 S18-T2N-R64W CURVE LENGTH RADIUS DELTA CHORD CH BEARING _ HOLLY BODA-SUTTON C1 27.11' 19770.00' 0'04'43" 27.11' N01'39'37"E & WILLIAM SUTTON C2 766.08' 19630.00' 2'14'10" 766.03' NOO 34'53"E z.-..ii LINE TABLE L2 CALCULATED POSTION I i LINE BEARING LENGTH SE COR S13-T2N-R65W L1 N89'49'20"W 40.00' SE COR S13-T2N-R65W FND #6 REBAR WITH L2 S89'27'48r'W 45.99' 2.5" ALUMINUM CAP STAMPED LS 27269 1998 L3 S89'49'20"E 30.00' WITNESS CORNER RIGHT OF WAY .A..e...0WELD COUNTY DEPARTMENT ACQUISITION 4a r OF PUBLIC WORKS �w-� `r :I . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 KINNISON JRVEYORS PROJECT NO: SRP-26 SCALE:1"=200' 4178683 Pages: 5 of 5 v,„d. C c rddo$u R, 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 ""'I "f,'@ K,n S"nx}on.com DATE: 3-12-15 DRAWN BY: CDL SHEET: 2 of 2 Carly Koppes, Clerk and Recorder, Weld County, CO ■III MIIIIIIII IVI Ii I'. 4tiM Illiii ilgiiYi'iiii 't it l Hello