HomeMy WebLinkAbout20151297.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - PAUL HARMON
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, Permanent Easement and Temporary Construction Easement for
Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Paul Harmon, 22208 CR 49, 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,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Paul
Harmon 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.
Ce; Pi FC`LS)(ell I 2015-1297
EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49- PAUL HARMON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL ADO
ATTEST: datthov
ado•oe Barbara Kirkmeyer, hair
Weld County Clerk to the Board
_ r � a__(--ct
Mike Freeman, Pro-Tern
BY: (d,&J ,D ploy Clerk to the Br• �� � ��
,\ �'. ,e"Sean P. Conw
APPROV AS TO FORM: t ova%c •P ,
" lie A. Cozad
r
County Attorney N, \
5/ .'��/��' 00"" Steve Moreno
Date of signature:
2015-1297
EG0072
1$61 _ MEMORANDUM
TO: Clerk to the Board DATE: May 4, 2015
._COUNTY jr
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement, and Temporary
Construction Easement for Certain Improvements to WCR 49 with Paul J. Harmon.
M:Trancie\AGENDA memos Agenda-Leon-I.doc
2015-1297
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN PAUL J. HARMON AND
WELD COUNTY, COLORADO
� �
1 fat
THIS AGREEMENT is made this LQ day of MAY ,2015,by and between PAUL
J. HARMON, whose address is 22208 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 parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, and
WHEREAS, County requires a Temporary Construction Easement(s) in order to construct
the Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell at closing and County agrees to purchase the Public Road
Right-of-Way shown and/or described on Exhibit"A" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Nine Thousand
Three Hundred Dollars, ($9,300.00). The parties acknowledge and agree that said
4105930 Pages: 1 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO o/.6-70.2"/ /
VIII M����:?ilk 'dF41��id'PaYI� �Ft�l Plti"��41�f:'r; Ytl� III II O2
Page 2 of 5
purchase price represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of One Thousand Four Hundred Twenty Five Dollars, ($1,425.00). The
parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Eight Hundred Fifty
Five Dollars, ($855.00).The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
4. If this agreement is executed and returned to our office on or before May 15, 2015
the County shall pay the amount described in Paragraph Three"3" of the County's
Rights and Responsibilities.
5. Owner warrants that they are the Owner of the Public Road Rights-of-Way,
Permanent Easement and the Temporary Construction Easement and will defend
title thereto against all claims.
6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty
Deed, free and clear of all liens and encumbrances, except existing easements.
7. Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easement to the County, free
-
"Nm and clear of all liens, encumbrances or other possessory claims, except existing
x
easements.
Cm-Bra
a" 9. 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
s sN"m completion of the Project, whichever is earlier.
3N
10. Owner shall not, during the term of the Temporary Construction Easement, erect or
=r a g o construct, or allow to be erected or constructed, any building or other structures on
the property described in Exhibit "C" which may interfere with County's full
k Ow
enjoyment of the rights hereunder; the Temporary Construction Easement includes
all rights and privileges as are necessary or incidental to County's reasonable and
c proper use of said easement.
8 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
Permanent Easement and the Temporary Construction Easement, and shall also
Z:AW ELDCNTYVC40#18\HARMON\REV Compromise Agreement-Warranty Deed-4-30-15.docx
Page 3 of 5
retain any water rights currently attached to or associated with the Public Right-of-
Way, Permanent Easement and Temporary Construction Easement.
12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-
of-Way to County and the Permanent Easement at the date of closing which shall
be no later than thirty (30) days following the County's execution of this
Agreement.
13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including, but not limited to, a prorated amount of the property
taxes, and any past due property taxes, (and interest and penalties thereon), on or
before the date of closing when Owner delivers the Warranty Deed to County and
the Permanent Easement. Owner is solely responsible for the payment of any
amounts owed to a third party holding a security or other ownership interest in the
Public Road Right-of-Way, Permanent Easement and Temporary Construction
Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County desires
to obtain title insurance for the Public Road Right-of-Way, Permanent Easements
and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement and/
or the Warranty Deed.
3. County shall pay Fifteen Thousand Fifty Four Dollars ($15,054.00) to the Owner
for the Public Road Right-of-Way, the Permanent Easement, and the Temporary
Construction Easement by County warrant(s) at the date of closing if agreement is
-y N p signed and returned on or before May 15, 2015. If the agreement is not signed and
= m returned on or before May 15, 2015, the County shall maintain its current offer of
+�mm Fair Market Value of Eleven Thousand Five Hundred Eighty Dollars ($11,580.00)
for the Public Road Right-of-Way, the Permanent Easement, and the Temporary
Construction Easement by County warrant(s) at the date of closing.
•
Fw� 4. County, as a condition of the granting of Temporary Construction Easement covenants
7a▪ -o0
ea- a'!^ and agrees to restore the property described in Exhibit "C" to a level comparable
zA
-g A w to its original condition.
•r (
t-a1° o
T ry m .41
5. Prior to construction commencing on the Project and right of way described herein,
m w the County shall construct a temporary fence line along the outside boundary of the
temporary construction easement / permanent easement. At the conclusion of
; construction, the County will install a new permanent right of way fence along the
boundary of the new right of way being acquired hereunder. The Owner shall be
T o responsible for the subsequent maintenance of said fence.
Z:AWELDCNTYVC40#18\HARMON\REV Compromise Agreement-Warranty Deed-4-30-I 5.docx
Page 4 of 5
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and be enforceable by
the parties and their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
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.
4105930 Pages: 4 of 13
05'08/2e15 0 M $0.00
CelY Koppel Clerk and Recoretler
VIII fr'il�,�Zlii:!FR� 'YIX�IYtFcciuntvP��w1�3! L III
Z:AW ELDCNTYVC40#18\HARMON\REV Compromise Agreement-Warranty Deed-4-30-15.doex
Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: PAUL J. HARMON
��� i^ � . — Date: � 9 �a5
Paul J. Harmon C� JCL/tie
ATTEST: d G BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Bo rd WELD COUNTY, CO ORADO
BY: M. -
Deputy Cle to tl e Boa 'La arbara Kirkmeyer Chair Ay 0 6 2015
OVED AS OF BSTANCE:atAa0 Sit? A,Controller -_,- r-'r El d icial or Department Head
APPRO AS TO — 1\1)et
Director of General Services
County ey
4105930 Pages: 5 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder: Weld County CO
IIIIKIFArk ', ltil ilikiIiil!l51l'liLi@lt'iIYI,"i, IIIII
Z:\WELDCNTY i C40#1&HARMON\REV Compromise Agreement-Warranty Deed-4-30-I5.docx
020/.x— /0297
EXHIBIT-A SW 1/4 57-T4N-R64W
RIGHT-OF--WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 1053-7-3 RE2054 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER
CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET;
THENCE NORTH 00'31'48" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 7 A DISTANCE OF 921.40 FEET;
THENCE DEPARTING SAID LINE NORTH 88'40'45" EAST TO A POINT WHICH INTERSECTS THE EXISTING
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE SOUTHERLY LINE OF SAID
LOT-A A DISTANCE OF 40.00 FEET AND BEING THE POINT OF BEGINNING.
THENCE NORTH 00'31'48" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE
NORTHERLY LINE OF SAID LOT-A A DISTANCE OF 400.00 FEET;
THENCE NORTH 88'40'45" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 80.01 FEET;
THENCE SOUTH 00'31'48" EAST A DISTANCE OF 141.29 FEET;
THENCE SOUTH 89'28'12" WEST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID LOT-A A DISTANCE
OF 258.99 FEET;
THENCE SOUTH 88'40'45" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 60.01 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 26,823.04 sf. OR 0.62 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
4105930 Pages: 6 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County., CO
EllMI�1l��!#,�IMitriaW 1��4�h{MiT.�IIJ4164" 116 iI III
RIGHT OF WAY +w 1 ✓• WELD COUNTY DEPARTMENT
86 OF PUBLIC WORKS
ACQUISITION RW_22 .
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46& WCR 48
HARMONY PROJECT NO: SRP-26 SCALE:
UNTY
WELD COUNTY.COLORADO
DATE: 4-27-15 BY: JIM SHEET: I o12
EXHIBIT-A SW 1/4 S7-T4N-R64W
I
ao' BANCAT 1-/
SS A,
N88'40'45"E
lia
MA_`� 80.01'EL
-CT-
1/16 SECTION LINE
N88'40'45"E 541.83r '
80'
w PAUL J. HARMON
LOT A RECORDED EXEMPTION
-03
L73NO. 1053-7-3 RE2054
b o
0 PARCEL # I033-07-3-00-034
(I)
Si
RECP.#3299800
S89'28'12"W
I3 'co 20.00'
4-
co
0 nciirzLoRIGHT—OF—WAY ACQUIRED
Ni o 26,823.04 sf. OR 0.62 ac.±
to
to Z z
N Lil
I:0
a )_. I\ .lih1'I-03 .
60'
a oo
— (A
O
0-
z
N88'40'45"E
40.00' P L P L_
S88'40'45"W
60.01'
P.O.B. DAL I0\
o RLCH2756'86
a
a,
m I EXISTING 40' R.O.W.
M BK-1046/PG 13
o RECP#819293
cal
z JUNE 7, 1939
P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
SW CORNER MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
S7-T4N-R64W IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY WELD COUNTY DEPARTMENT
4:: �86i�- , OF PUBLIC WORKS
ACQUISITION RW-22 +. WCR 49 CORRIDOR PROJECT
• fir. ( {py1
BETWEEN WCR46&48
•
HARMON PROJECT NO: SRP-z6 SCALE:1"=100'
WELD COUNTY.COLORADO LGOO N T
DATE: 4-27-IS DRAWN BY:DRH SHEET: 2o12
4105930 Pages: 7 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
• I k)P1limi'>ZµiIiFNiiIred'lkMINf SI Nita WI III}, II III
EXHIBIT-B SW 1/4 57-T4N-R64W
PERMANENT EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 1053-7-3 RE2054 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER
CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET;
THENCE NORTH 00'31'48" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 7 A DISTANCE OF 921.40 FEET;
THENCE DEPARTING SAID LINE NORTH 88'40'45" EAST TO A POINT THE SOUTHERLY LINE OF SAID
LOT-A A DISTANCE OF 100.01 FEET AND BEING THE POINT OF BEGINNING.
THENCE NORTH 00'31'48" WEST A DISTANCE OF 258.99 FEET;
THENCE NORTH 89'28'12" EAST A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'31'48" WEST TO A POINT ON THE NORTHERLY LINE OF SAID LOT-A A DISTANCE
OF 141.29 FEET;
THENCE NORTH 88'40'45" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST A DISTANCE OF 161.57 FEET;
THENCE SOUTH 89'28'12" WEST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID LOT-A A DISTANCE
OF 238.71 FEET;
THENCE SOUTH 88'40'45" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 8,405.52 sf. OR 0.19 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS. RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
+a 1 WELD COUNTY DEPARTMENT
PERMANENT EASEMENT
�i6 OF PUBLIC WORKS
ACQUISITION PE 22
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46& WCR 48
HARMON _ �, PROJECT NO SRP-26 SCALE:
WELD COUNTY,COLORADO -_G O�.NT
DATE: 4-27-15 BY: JHR SHEET: I oft
4105930 Pages: 8 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Kappes. Clerk and Recorder. Weld County. CO
1111 FIr1I:1K 11111
EXHIBIT-B SW 1/4 57-14N-R64W
I
80' 3,1A0-41,'7
S aOst.._
N88'40'45"E
20.00 . .
1/16 SECTION LINE
I - w N88'40'45"E 541.83'
`�
m
N M
` PAUL J. HARMON
o N
2LOT A RECORDED EXEMPTION
N89'28'12"E ro NO. 1053-7-3 RE2054
20.00' E, PARCEL# 1053-07-3-00-034
RECP.#3299800
a' w 589'28'12"W
rn
o3 0 20.00'
o 'n
m N M
20' PERMANENT EASEMENT ACQUIRED
a I 3 0 8,405.52 sf. OR 0.19 ac.±
O is
N ?
'�
o
M I O Z N ' .I i re)O
0 '-u, ,21- E,I.•O'
z
N88'40'45"E
100.01 P L P L_
588'40'45"W
20.00'
b P.O.B. 2.I'C,'-__7562 36
a
O I
3 co I I EXISTING 40' R.O.W.
re BK-1046/PG 13
o RECP#819293
Z JUNE 7, 1939
P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
SW CORNER MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
. - S7-T4N-R64W IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
PERMANENT EASEMENT �1� i� WELD COUNTY DEPARTMENT
ACQUISITION ED
,....a-,....- OF PUBLIC WORKS
,l
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&48
HARMON J
PROJECT NO: SRP-26 SCALE I"=100'
WELD COUNTY.C'OI.ORADO L_C CYO Ni 71: z_
DATE: 4-27-15 DRAWN BY:DRII SHEET: 2of2
4105930 Pages: 9 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
to Mir1in.iiihmeraiii,h4 kill fi:hhIV+MlCi i. II II
EXHIBIT-C SW 1/4 S7-T4N-R64W
TEMPORARY EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 1053-7-3 RE2054 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER
CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET;
THENCE NORTH 00'31'48" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 7 A DISTANCE OF 921.40 FEET;
THENCE DEPARTING SAID LINE NORTH 88'40'45" EAST TO A POINT THE SOUTHERLY LINE OF SAID
LOT-A A DISTANCE OF 100.01 FEET AND BEING THE POINT OF BEGINNING.
THENCE NORTH 00'31'48" WEST A DISTANCE OF 258.99 FEET;
THENCE NORTH 89'28'12" EAST A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'31'48" WEST TO A POINT ON THE NORTHERLY LINE OF SAID LOT-A A DISTANCE
OF 141.29 FEET;
THENCE NORTH 88'40'45" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST A DISTANCE OF 161.57 FEET;
THENCE SOUTH 89'28'12" WEST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID LOT-A A DISTANCE
OF 238.71 FEET;
THENCE SOUTH 88'40'45" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 8,405.52 sf. OR 0.19 cc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS 4105930 Pages: 10 of 13
PLS 23520 05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
KIM Icr Off'N�;�I�?�Kft��+1�rt���ILI'LL'L�Y1 } �IIII
TEMPORARY EASEMENT +a . WELD COUNTY DEPARTMENT
'4+ 1861 i. tr
f OF PUBLIC WORKS
ACQUISITION LE 1" ���� WCR 49 CORRIDOR PROJECT
BETWEEN W'CR46& W'CR48
N " LHARMON an -c) PROJECT NO. `2121'--26 SCALE.
DATE 4-27-15 BY- JI113 SHEET. 1 oft
EXHIBIT-C SW 1/4 57-T4N-R64W
80'
Ss Ib0,..k..
N88'40'45"E
NC
*Pbcci
20.00'
cif 1/16 SECTION LINE
winOs-o m a
n
M ,Ti: O
oo
PAUL J. HARMON
LOT A RECORDED EXEMPTION
N89.28'12"E NO. 1053-7-3 RE2054
20.00' \Im PARCEL 0 1053-07-3-00-034
RECP.g" 3299800
a' w S89'28'12"W
a
o] e 20.00'
b
co N ..-
Ni to TEMPORARY EASEMENT ACQUIRED
a I I . 0 8,405.52 sf. OR 0.19 ac.±
-a)N a
3 '•: -R
o 06IaI Z ro
N
0
O
0
z
100.01' N.
L
588'40'45"W
20.00'
o P.O.B.
a
RI
al
m I EXISTING 40' R.O.W.
M BK-1046/PG 13
o RECP#819293
o
z JUNE 7, 1939
Z P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
SW CORNER MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
0-.0----57-T4N-R64W IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
TEMPORARY EASEMENT .� ✓r" WELD COUNTY DEPARTMENT
-.,: ` 8 ' OF PUBLIC WORKS
ACQUISITION IE 12 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&48
HARMON 14 PROJECT No SRP-26 SCALE 1"=100
WI_I-oCY)I NIll(O1ORADO '— �O J �+ � Y
r
DATE. 4-27-15 DRAWN BY. DRII SHEET. '_012
4105930 Pages: 11 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder.. Weld County, CO
lIII kiciCC'iRr'4t4!il'r l'I4IKP iTiBFK1d IY41'I i 11111
EXHIBIT D
PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF the sum of Ten and More ($10.00+) DOLLARS for the
pipeline and two pig launching stations to be constructed under the terms hereof, to be paid after
a survey establishing the route of the line has been completed, and before construction is
commenced, I/WE,
Paul J. Harmon
22208 County Road 49
La Salle, CO 80645
hereinafter referred to as "Grantor" does hereby grant, sell, convey, and warrant to DCP
Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right,
privilege and exclusive easement within the property described in Exhibit B attached hereto for
the purpose and from time to time, of operating, inspecting, maintaining, protecting, repairing,
replacing, change the size and removing a pipeline or pipelines, the launching stations, or other
appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and
derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing,
upon and along a route through the following described land located in WELD County, State of
COLORADO, to wit:
Township 4 North, Range 64 West of the 6° P.M.
Section 7: SW ''A
Said permanent exclusive easement being more particularly described on Exhibit "B"
attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline or lines, and
appurtenances, on, over, and across said land and adjacent land of Grantor.
Grantee shall have the right to construct, install, operate, maintain, inspect, repair, replace,
change, and/or remove either or both of the pig launching stations, pipeline(s) and appurtenances
with an by-passes, cross-overs, scraper traps or other materials, apparatus, and equipment used in
connection therewith or incident thereto, inclusive of the right, if Grantee so desires, to build
such fences and structures as may be necessary to enclose the same, or any part thereof, on the
described land.
It is agreed that the pipeline or lines associated with the pig launching stations which will be laid
under this grant shall be constructed a minimum depth of forty-eight (48) inches below the
surface of the ground to permit normal cultivation at the time of construction, and Grantor shall
have the right to fully use and enjoy the above described premises subject to the rights herein
granted.
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its
original condition and reseed the same as soon as possible.
4105930 Pages: 12 of 13
05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
Page 2 of 2
Grantee shall have the right to clear all trees,undergrowth and other obstructions from the herein
granted permanent right-of-way, and Grantor agrees not to build, construct or create any
buildings,structures or engineering works on the herein granted right-of-way that will interfere
with the normal operation and maintenance of said line or lines.
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all
damages to crops,timber, fences,drain tile,or other improvements on said premises that may
arise after the initial construction of the pig launching stations and pipelines from the exercise of
the rights herein granted;provided,however,that after the pipeline or lines has been constructed
hereunder, Grantee shall not be liable for damages caused on the easement by keeping said
easement clear of trees,undergrowth,and brush in the exercise of the rights herein granted. Any
payment due hereunder may be made direct to the said Grantor or any one of them.
It is further agreed that the said Grantee, its successors or assigns, may at any time lay an
additional pipeline along side of the said first line within the permanent 20 foot easement
utilizing said temporary construction easement as necessary for the installation of said additional
line.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the
heirs, executors, administrators,personal representatives, successors, and assigns of the parties
hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its
successors and assigns,as long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this day of
2015,signed,sealed,and delivered in the presence of:
PAUL J.HARMON
Paul J.Harmon
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
2015,by Paul J.Harmon,Owner.
Witness my hand and official seal.
Notary Public
4105930 Pages: 13 of 13
My commission expires: 05/08/2015 03:23 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO
Diu M��1�1�m I ritili l!' Htkfnlw,}iw III II I
Z:\WELDCNTY\C40#18\HARMON\ROW Grant to DCP.docx
1861 MEMORANDUM
TO: Clerk to the Board DATE: May 11, 2015
c L NTY
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc #2015-1297
Warranty Deed with Paul Harmon on WCR 49 Corridor between WCR 46 and WCR 48.
RECEIVED
MAY 12 2015
WELD COUNTY
COMMISSIONERS
M.\Franci&AGENDA memo&Agenda-Leon-l.doc
e f *at, aol5-I29'l
5718 115 CC :LPi4J /3 Fc) EG oo1a
WARRANTY DEED
THIS DEED made this 1J1 day of lak , 20/ , between Paul J.
Harmon 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 "O" Street,
Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees:
WITNESS, that the grantor, for the sum of One Dollar, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, their heirs and assigns forever, all the real property
together with improvements, if any, situate, lying and being in the County of Weld and
State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A"
Also known as: 22208 County Road 49, LaSalle, CO 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.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantees, their heirs and assigns forever. And the
grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes
for the current year, easements, restrictions, covenants, conditions reservations and
rights-of-way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
4109065 Pages: 1 of 5
05/21/2015 10:55 RM R Fee:$0.00 0 Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County., CO
■IIIM!�1Fi+T! ��1�,�'IBS'4'!i►!�,'tit���,ik1�lY�'iltitlYlti�, �I III
Paul J. Harmon, Owner
State of Colorado )
)ss.
County of Weld )
The foregoing instrument was acknowledged before me this I t day of Aal.l ,
20 I , by Paul J. Harmon, Owners.
TIFFANONTEV.V.JOHNSON Witness my hand and official seal.
STATE OF COLORADO
NOTARY ID 201540091700N WIRE
S MARCH 4,2019 � �L.� '��{.��
�/ Notary Public
My commission expires: • /''(� f\
4109065 Pages: 2 of 5
05f/21/ 1 15.2055 RMd Recoerer t$ WeldCounty
C 0 Cunt $Co 0 lY VIII lIJ�INATJ��t ICIIf+?'W'�+IW,�tilW�l'�YlP1��IL4iW,i, 5111
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 �0 day of Vilk � , 2015.
ATTEST: U.duwl G; tdie'oc. 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 s _
/ /
1
BY: /Ls.eS I�►tfitr�a?t�I � 40 BY , . '//,z 2A_
Deputy Cle to e Boa '� �I arbara Kirkm er, Cha r
BOARD OF COUNTY MAY 1 8 2015
COMMISSIONER
:=r OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
th
Ttivintihe foregoing instrument was acknowledged before me this day of
, 2015 by Barbara Kirkmeyer, BOARD OF COUNTY
C"OLMT4SIONERS OF THE COUNTY OF WELD.
Witness mjh
I KARLA FORD *14
`�i' ,NOTARY PUBLIC al ,ln{/�/STATE OF COLORADONOTARY ID 19984029774 blic
MY 0011f:iISSION EXPIRES DECEMBER 2,2018
My commission expires:
UCernben 4, Pis
4109065 Pages: 3 of 5 0.2.(9/„.6-- /0.7.! 7
05/21/2015 10:55
10C:55 AM d P Feee:$0.00d 0eFee:$0o 0
1III R!r1Rti�*h„i+I�i4,I��L'1 J,I�I!Ail .' 'iG. I I4),445111
iI1�i i 11 II I
EXHIBIT-A SW 1/4 57-T4N-R64W
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
•
PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 1053-7-3 RE2054 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER
CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET;
THENCE NORTH 00'31'48" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 7 A DISTANCE OF 921.40 FEET;
THENCE DEPARTING SAID LINE NORTH 88'40'45" EAST TO A POINT WHICH INTERSECTS THE EXISTING
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE SOUTHERLY LINE OF SAID
LOT-A A DISTANCE OF 40.00 FEET AND BEING THE POINT OF BEGINNING.
THENCE NORTH 00'31'48" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE
NORTHERLY LINE OF SAID LOT-A A DISTANCE OF 400.00 FEET;
THENCE NORTH 88'40'45" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 80.01 FEET;
THENCE SOUTH 00'31'48" EAST A DISTANCE OF 141.29 FEET;
THENCE SOUTH 89'28'12" WEST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID LOT-A A DISTANCE
OF 258.99 FEET;
THENCE SOUTH 88'40'45" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 60.01 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 26,823.04 sf. OR 0.62 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
4109065 Pages: 4 of 5
05/21/2015 10:55 RN R Fee:$0.00 D Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County. CO
!Ord PH ICAllitTi '}:LkI.' II III
RIGHT OF WAY WELD COUNTY DEPARTMENT
"^ lgbl �' OF PUBLIC WORKS
ACQUISITION RW-2z
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46& WCR 48
HARMON PROJECT NO: SRP-26 SCALE:
WELD COUNTY.COLORADO -OO U •
DATE: 4-27-15 BY: JHB .SHEET: I oft
EXHIBIT-A SW 1/4 S7-T4N-R64W
I
80'S' I 4.,
N88'40'45"E
Nri
80.01 1/16 SECTION LINE
N88'40'45"E 541.83'
CV
�I� 80 "71-
.-
-03
nJ w PAUL J.HARMON
tar� LOT A RECORDED EXEMPTION
NO. 1053-7-3 RE2054
o (n PARCEL#1053-07-3-00-034
o RECP.#3299800
S89'28'12"W
In 20.00'
ao m
m- n Lo RIGHT-OF-WAY ACQUIRED
If z 26,823.04 sf. OR 0.62 ac.±
0
41
M
"CO .-
vI o
o
Cl)
O
O
Z
N88'40'45"E
40.00' N P L P L
S8 8'40'45''W
6o.01'o1'
P.O.B.
0
a
m
3
Ia I EXISTING 40' R.O.W.
r7) BK-1046/PG 13
o RECP#819293
o
Z JUNE 7, 1939
P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
z SW CORNER MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
S7-T4N-R64W IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY WELD COUNTY DEPARTMENT
186�✓� OF PUBLIC WORKS
ACQUISITION RW-22 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&48
HARMON PROJECT NO: SRP-z6 SCALE 1"=100'
�
WELD COUNTY.COLORADO — _G c--;,U_N_1:2-
1 DATE: 4-27-15 DRAWN BY:DR11 SHEET:2 oft
4109065 Pages: 5 of 5
05/21/2015 10:55 BM R Fee:$0.00 D Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
IIIII NIWrtr,AM IAll-hklir IIllil Mir tiliiliYly},Bill
Hello