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Home My WebLink About20150595.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 - H. CASEY DOWNS 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 H. Casey Downs, 23905 County Road 42, La Salle, CO 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 H. Casey Downs 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. CC714)(LS/Fcalas 2015-0595 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - H. CASEY DOWNS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST:CC.�� sjczia áthme ��U� Cr G. yer Chair Weld County Clerk to the Board EXCUSED Mike Freeman, Pco-Tem BY. � e 1 ty Clerk to 'he Board an P. Conway •ems"% �`� / APPROVED AS TO FORM: 1861 County Attorney c� rI Steve Moreno Date of signature: i2- 2015-0595 EG0072 MEMORANDUM �� TO: Clerk to the Board DATE: February 20, 2015 13 COUNTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project (Between WCRs 42 & 44) Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement to WCR 49 with H. Casey Downs. RECEIVED Enclosure FEB 232015 WELD COUNTY COMMISSIONERS M:'2ranc,&AGENDA memos'A enda-Lean-?.doe 2015-0595 EGOMa AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN H. CASEY DOWNS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this P day of /2 , 2015, by and between H. CASEY DOWNS, whose address is 23905 County Road 42 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 Two Hundred Fourteen Dollars, ($4,214.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Seven Hundred Eighty Two Dollars, ($782.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4092799 Pages: 1 of 10 03/24/2015 10:59 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO ■IIIR!�1R;4f��AIN1% !'ASV 'hinM1 ili% kl'{�u'i 1111 o2a45— v5f Page 2 of 5 3. If this agreement is executed and returned to our office on or before February 16, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January 1, 2018, or upon the completion of the Intersection 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. 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 the Temporary Construction Easement. 4092799 Pages: 2 of 10 03/24/2015 10:59 All R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIIIM��11LI?itLid�Lf}ti i�'! ( ANNA 111111 L:AWELDCNTYVC40#I8V DOWNS\REV Compromise Agreement-Warranty Deed-FINAL I-30-I 5.docx Page 3 of 5 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 Six Thousand Four Hundred Ninety Five Dollars ($6,495.00) 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 February 16, 2015. If the agreement is not signed and returned on or before February 16, 2015, the County shall maintain its current offer of Fair Market Value of Five Thousand Forty Two Dollars ($5,042.00) for the Public Road Right-of-Way, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 5. County shall at closing pay in the amount of Five Thousand Four Hundred Eight Dollars ($5,408.00) for fencing. 6. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line consisting of smooth wire along the outside boundary of the temporary construction easement. At the conclusion of construction, the Owner will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. MISCELLANEOUS: Mg 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 0 7 their heirs, executors, administrators, successors, and assigns. o mm= 2. This Agreement shall not be valid until it has been approved by the Board of "m f County Commissioners of Weld County, Colorado or its designee. o W°F. LL o C- r) re 3. No term or condition of this contract shall be construed or interpreted as a waiver, , a= express or implied, of any of the immunities, rights, benefits, protections or other Am= provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as m0-ti applicable now or hereafter amended. --rm. mmai mNc ti NN a� Z:A W ELDCNTYVC40#18VDOWNS\REV Compromise Agreement-Warranty Deed-FINAL 1-30-15.docx Mry m�MP Page4 of 5 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. 4092799 Pages: 4 of 10 03/24/2015 10:59 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ■III M�r1lhL�,T l�,i ��i+�F'�Airlt�ih�?Ir+,k'I��k:''L I i UI II I Z:AWELDCNTYVC40#I8V DOWNS\REV Compromise Agreement-Warranty Deed-FINAL 1-30-15.docx Page5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: H. CASEY DOWNS lc Date: — I b — 13- H. Casey bolowns ATTEST: With& r . BOARD OF COUNTY COMMISSIONERS Weld Co ty Clerk to the Br S lide WELD COUNTY, C!LORADO BY: ��i s` t...i - i 1 � .. Deputy Cl;$ to the ,o l m ` ��i arbara Kirkmey;r, Chair M R 0 2 2015 APPROVED AS TO FUND :?I (.1 ciC APPROVED AS TO SUBSTANCE: Controller ((// El tea- fficial or epartment Head APPROVE AS T FORM: — NOT A"PfCLCA tE — Director of General Services county A mey 4092799 Pages; 5 of 10 03/24/2015 ]0:59 AM R Fee-$0.00 /III My��1op 1C$T['ti f ili +�W7'Anl'Jlrrl netlilliktiOri ii JIM eand Recorder Weld County CO Z:\W E LDCNTY\C40#18\DO W N S\RE V Compromise Agreement-Warranty Deed-FINAL I-30-I 5.docx O2O7.51—O5.9 LEGAL DESCRIPTIONS TO BE REVISED AT CLOSING TO INCLUDE EXISTING COUNTY ROW EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE SE1/4 OF SECTION 24, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 4022158 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24 FROM WHICH THE E1/4 CORNER OF SAID SECTION 24 BEARS N0O°15'54"W, 2670.98 FEET, THENCE 589°37'16"W, 40.00 FEET ALONG THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 24 TO THE WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 461 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NDO°15'54"W, 30.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF SAID WELD COUNTY ROAD 49 TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 AND THE TRUE POINT OF BEGINNING. THENCE NOO°15'54"W, 630.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158; THENCE 589°37'16"W, 30.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158; THENCE SOO°15'54"E, 560.00 FEET; THENCE 544°40'39"W, 99.09 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 42; THENCE N89°37'16"E, 100.00 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 42 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 21,352 SQUARE FEET (0.490 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION rW_1) Drexel, Harrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)42&44 H. CASEY DOWNS � (ne)reo-0e0, GREW AM C.11" (e'1°)e89—LYe PROJECT NO. SRP-26 I SCALE: N/A WCR 49 , ` GUM (»0) ea'-135° L WELD COUNTY,COLORADO DATE: 9-24-14 DRAWN BY: TLT SHEET: I of 2 4092799 Pages: 6 of 10 03/24/2015 10:59 RM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO mIII MIr:l flMirg rfli:EI:F.f1F1' 11111 EXHIBIT-A MARTIN 589°37'16"W 30.00' PROPERTY LINE NEW RIGHT-OF-WAY N89°37'16"E 660.00' °' SEPARATELY ACQUIRED BY WELD COUNTY SE 1/4 EXISTING 40' ROW eF t- 524-T4N-R65W BK 1046/PG 461 iy;1 RECP#820478 6-20-1939 z;r,:141p4, N / / ar; o r 1 LAID 13 '/ H. CASEY DOWNS 1 �to PARCEL #1055-24-0-00-021 ° Q RECEPTION #4022158 '" b0 o N / a ,,,,e; to j�/ o W 3 I ( // a�i JUSTICE g' % w UJ 30' RIGHT- OF WAY ACQUIRED a 21,352 SQ.FT.± OR 0.490 AC.± N z H a r4 U I/ NOTE: THIS EXHIBR MAP DOES / NOT REPRESENT A MONUMENTED =: LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 1 SW 1/4 ILLUSTRATE THE ATTACHED 519-T4N-R64W PROPERTY DESCRIPTION ONLY. // 60' ROW - 544°40'39"W ,?I V/,i COUNTY MAINTAINED 99.09' .�/ RD100/184 ROW LOCATION C&R B-48/P-132 7-22-1885 afls.��.,.. APPROX. ROW LOCATION -''''IM II ,-' ,,,,,:,,,,,,,,,,,,.. 42_ __ _ _ T.P.O.B WcR 42 N 589°37'16"W2631.71' aill /1 N88°34'33"E 2416.32' NBs°37'16°E 100.00' S 1/4 CORNER S 1/4 CORNER / P.O.C. S19-T4N-R64W 524-T4N-R65W NO°15'54"W 30.00' / SE CORNER 589°37'16"W 40.00'JJJ 524-T4N-R65W RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION CW_i) Drexel, Barrell & Co. OF PUBLIC WORKS J 1800 38th Street Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/surveyors (303) 442-4398 BETWEEN WCR(s)42 &44 H. CASEY DOWNS $ coma SPRINGS (no) eae'' 7 ears nnaaroe Seto)snv-waa PROJECT NO. SRP-26 SCALE: 1"= )00' WCR 49 car lvio) ear-new WELD COUNTY,COLORADO DATE: 9-24-14 DRAWN BY: TLT SHEET. 2 of 2 4092799 Pages: 7 of 10 03/24/2015 10:59 AM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO II Ell MIrdInUt.CM1G'I',kW rcf,l A!,h 11 IF i1■Iii, II III EXHIBIT-B PROPERTY DESCRIPTION TEMPORARY EASEMENT A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN THE SE1/4 OF SECTION 24, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID STRIP OF LAND BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 4022158 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24 FROM WHICH THE E1/4 CORNER OF SAID SECTION 24 BEARS NOO°15'54"W, 2670.98 FEET, THENCE S89°37'16"W, 40.00 FEET ALONG THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 24 TO THE WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 461 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°15'54"W, 30.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF SAID WELD COUNTY ROAD 49 TO THE NORTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 42; THENCE NOO°15'54"W, 630.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158; THENCE 589°37'16"W, 30.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158 TO THE TRUE POINT OF BEGINNING. THENCE S00°15'54"E, 560.00 FEET; THENCE S44°40'39"W, 99.09 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 42; THENCE 589°37'16"W, 28.31 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 42; THENCE N44°40'39"E, 110.86 FEET; THENCE NOO°15'54"W, 551.69 FEET TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158; THENCE N89°37'16"E, 20.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,216 SQUARE FEET (0.303 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-11 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)42&44 H. CASEY DOWNS COOS a (no)me-cur ran WWII" e°°)2>-13°° PROJECT NO. SRP-26 SCALE: N/A WCR 49 ce�r (vro)ev-oew WELD COUNTY,COLORADO DATE: 9-24-14 DRAWN BY: TLT SHEET: 1 of 2 4092799 Pages: 8 of 10 03/24/2015 10:59 RM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO �IIIM��11�f�Ih�titleiIi til l'7WiVFi'IIWFi'PIfLIAUK lIIII EXHIBIT-B MARTIN 589°37'16"w 30.00' /� N89°37'16"E 20.00' PROPERTY LINE NEW RIGHT-OF-WAY N89°37'16"E 660.00' I SEPARATELY ACQUIRED BY WELD COUNTY T.P.0.B ' SE 1/4 EXISTING 40' ROW t,1° 524-T4N-R65W BK 1046/PG 461 RECP#820478 6-2-20--1939 ,*`', � rn n ./ 1� f N la /7/ H. CASEY DOWNS 1" '/ PARCEL #1055-24-0-00-0211, z Q RECEPTION #4022158 o Q w 0 i' ` to � o 3t �� I � � a4 z 20' TEMPORARY 4'U) a 1 rzo JUSTICE EASEMENT ACQUIRED fo L 1� O a 13,216 SQ.FT.± OR 0.303 AC.± z '.0 z H a U NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY / PLAT. IT IS INTENDED TO SW 1/4 ILLUSTRATE THE ATTACHED 1 S19-T4N-R64W PROPERTY DESCRIPTION ONLY. / 60' ROW - �� i COUNTY MAINTAINED Np .1 4 LIV ' RD100/184 RD.BK.4/PG.419 Nh 0r°"I."', �,.y� C&R B-48/P-132 7-22-1885 ? 4v-. APPROX. ROW LOCATION et' 00 Waq 4 WCR 4 589°37'16"W 2631.71' - - - N88°34'33"E 2416.32' 7 - S89°37'16"W 28.31' - S 1/4 CORNER S 1/4 CORNER NO°15'54"W 30.00' -P•0•C• S19-T4N-R64W S24-T4N-R65W , SE CORNER S89°37'16"W 40.00' 524-T4N-R65W TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-11 Drexel, Harrell & Co. OF PUBLIC WORKS 1800 38th Street Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineer's/Surveyors (303) 442-4338 BETWEEN WCR(s)42 &44 H. CASEY DOWNS COLORADO SPRINGS 1ryel 260-0107 ORAlm myna e'r°1:'7-1330 PROJECT NO. SRP-26 SCALE: I"= 100' WCR 49 °ter tvr°I°er-oeu WELD COUNTY,COLORADO DATE: 9-24-14 DRAWN BY: TLT (SHEET: 2of 2 4092799 Pages: 9 of 10 03/24/2015 10:59 AM R Fee:$0.00 Carly KOPPes. Clerk and Recorder. Weld County. CO iIII I rdPIII, ISIG,+I RlcI'rtrhlVH'WPi1 u'I Yiyh II MI . xt i - • • • C • e r . i:1 \ t t g i' :t4 s: t � V / ft , 8, , _ i� RIGHT- OF-WAY ( ; OW) I 'f t I TO BE AC ! thED 4 . / 0 ;i . •• ,,� 0.490 AC.± I • i It t �/� 1 i { t / i:., . . .. ,. til.* :-.:lath• 'A' ' JØ1t, i, y nr. , , I I Self _ : dit. — ' I:. 12. I ' .silt *I' tt t , rf . �, • ARY EASEMENT :' . _ , /41 '. �' r • BE ACQUIREDl- . .0.303 AC. ± l • - . • . : - r I I i . . ' // i t i • i - SE1 • - • S24-T4N-R65 . . . -..: / r ,„ , .1 t 4 i I • • ..r • " r UMW." .-"In - I. � •. Z-' e^ ♦►. "-v�f`e - - � ` . -•°.1". ..'et . *..• 446600010 i • *a - 1•.•----t— ►.. - '"SIM err— ... — — - •- s re, 'X..- ..'cr` --- - -_. ; • W.V it't+�ii,-t - -- , , t. • EliR 42I • I I. Jere-, tii;A I II . I . t 1 i • I chrA, • 1 It 4092799 Pages : 10 of 10 03/24/2015 10 : 59 AM R Fee : $0 . 00 Carly Koppes Clerk and Recorder . Weld County . CO �g6itheMEMORANDUM tr ' i_s U 1 r / TO: Clerk to the Board DATE: April 1, 2015 2-C O_�.N T Y S FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc # 2015-0595 Warranty Deed with Casey Downs. RECEIVED APR 0 3 2015 Enclosure WELD COUNTY COMMISSIONFPS M Frencie'AGENDA memosVAgenda-Leon-2.doe C6w� �DIS OS S Li-8-o2-D/5 66607a_ WARRANTY DEED TIIIS DEED made this GTE O day of to/ , 20/67 between H. Casey Downs, of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "0" 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 ATTACIIED EXHIBIT "A" Also known as 23905 WCR 42, 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 arc 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 4097492 Pages: 1 of 5 04/09/2015 10:54 AM R Fee:$0.00 D Fee:$0.00 O5 0 Carly Koppes. Clerk and Recorder. Weld County. CO 6:217/5-- lIIIN�;AwM,' 'ff ILO 1101IRCMai 11111 H. CASE DOWNS, Owner State of 0010%&d(7 ) )ss. County of Nc H ) The foregoing instrument was acknowledged before me this 30 day of ,UL-V1 , 20 15, by H. Casey Downs, Owner. TIFFZE V.JASON Witness my hand and official seal. STATE OF COLORADO NOTARY ID 20154009170 { MY COMMISSION EXPIRES MARCH 1.2019 JLIPALi (at\L- Notary Public My commission expires: 34 1'0Di 4097492 Pages: 2 of 5 04/09/2015 10:54 AM R Fee:$0.00 0 Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO NIP u III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway,pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 8th day of April, 2015. ATTEST: d. SC 'g1 COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD BY O kV BY: TrliSt n � Deputy I erk to the Boat. Mike Freeman, Chair Pro-Tern APR 0 8 20t5 � BOARD OF COUNTY . � COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) p The foregoing instrument was acknowledged before me this D day of Ona-- , 2015 by Mike Freeman , BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. KARLA FORD / ,� /��y NOTARY PUBLIC (A11 L STATE OF COLORADO Not ry Public NOTARY ID 19984029774 MY CCMMISO!ON€XPIRES DECEMBER 2 2018 y commission exslfe : " /2-a -/s 4097492 Pages: 3 of 5 g C 9arl0y Kappes, Clerk and Recorder WedDCountty$CO piO /6 — ��/ VIII Eird17I1/4111 rl�h;II '. " Yli:l4'�I;XITI ii lvi "Ill EXHIBIT-A SE 1/4 S24-T4N-R65W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND LOCATED IN THE SE1/4 OF SECTION 24, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 4022158 OF THE RECORDS OF WELD COUNTY,COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24 FROM WHICH THE E1/4 CORNER OF SAID SECTION 24 BEARS N00°15'54"W, 2670.98 FEET, THENCE S89°3T16"W,40.00 FEET ALONG THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 24 TO THE WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 461 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N00°15'54"W, 30.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF SAID WELD COUNTY ROAD 49 TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 AND THE TRUE POINT OF BEGINNING; THENCE N00°15'54"W,630.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO.4022158; THENCE S89°37'16"W, 30.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 4022158; THENCE S00°15'54"E, 560.00 FEET; THENCE S44°40'39"W, 99.09 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 42; THENCE N89°37'16"E, 100.00 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 42 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 21,352 SQUARE FEET (0.490 ACRES), MORE OR LESS TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 40.00 FEET OF THE SOUTHERLY 660.00 FEET OF SAID SOUTHEAST ONE-QUARTER SAID PARCEL CONTAINS 0.61 ac.MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY: LEON W. SIEVERS, PLS 23520 RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY,COLORADO. 4097492 Pages: 4 of 5 04/09/2015 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO VIIINearNihr'lli+hhil,, erilil M1iVV�lliyi. 1IIII RIGHT OF WAY �� WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION �86 RW-1 I WCR 49 CORRIDOR PROJECT BETWEEN WCR 42 &44 DOWNS • PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO GoUNTY --- DATE: 3-12-15 DRAWN BY:DRH SHEET: I of 2 EXHIBIT-A MARTIN J S89°37'16"W 30.00' PROPERTY LINE f. NEW RIGHT-OF-WAY N89°37'16"E 660.00' f SEPARATELY ACQUIRED g f BY WELD COUNTY �3. 1 /SE 1/4 EXISTING 40'ROWI BK 1046/PG 461 <� S24-T4N-R65W - RECP#820478 6-20-1939 fr.,x 10 f N 1.,,,,,.;, f3 I a H. CASEY DOWNS f� , PARCEL #1055-24-0-00-021 o RECEPTION #4022158 .!,:?.7 o z:''H -(:) NI- . 4,; ��. o 1 O ,,, ;. -:�;; to IP1I a4 z -4'j r#: 1k M J JUST ICE t4- c_ P- 30' RIGHT- OF-WAY ACQUIRED ° 21,352 SQ.FT.± OR 0.490 AC.± o ;r`4', z , , :‘,..y.:.- I v NOTE: THIS EXHIBIT MAP DOES s. I NOT REPRESENT A MONUMENTED 44',.. LAND SURVEY OR LAND SURVEY t''t PLAT. IT IS INTENDED TO SW 1/4 ILLUSTRATE THE ATTACHED z=r, f 519-T4N-R64W PROPERTY DESCRIPTION ONLY. `-1 `' is f :f: 60' ROW- S44 40'39'W f 1 COUNTY MAINTAINED 99.09' `71:..*//, I RD100/184 RD.BK.4/PG.419 C&R B-48/P-132 7-22-1885 i,. t '. APPROX. ROW LOCATION ��"�� S,Y' 'r Y''f 1 00 .. w � �ry IMM ....MM... M. :72 riry WCR a r L+i, S89°37'16"W 2631.71' f N88°34'33"E 2416.32' 21 N89°37'16"E 100.00' S 1/4 CORNER S 1/4 CORNER i P.O.C. S19-T4N-R64W W S24-T4N-R65W NO°15'54" 30.00' SE CORNER S89°37'16"W 40.00' S24-T4N-R65W RIGHT-OF-WAYWELD COUNTY DEPARTMENT ACQUISITION . Drexel, Harrell & Co. OF PUBLIC WORKS 1890 38th Street, Boulder, CO 803W V4'CR 49 CORRIDOR PROJECT Engtneers/Surveyor. (303) 442-4338 BETWEEN WCR(s)42 &44 H. CASEY DOWNS ' W1a (718)zoo-ewe MUM n MO. WO)861-106° PR:',iEC r NO. SRP.26 SCALE 1"= 1U()' WCR 4,7 asmsr (evof 3er-oae WELL)COUNTY. )tORADO D4 7E ')-24-14 c:R N:N i3 TM STE=T 201 2 4097492 Pages: 5 of 5 04/09/2015 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO Ell PerdliC4 hi,fiN' AO'ill1'i'AriNiiIti MI'NIl'iYU, Ill Hello