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Home My WebLink About20152136.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 -VALERIE FLORES 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 Valerie Flores, 15225 CR 49, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Valerie Flores be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. CC?u.6-5/FC/73 .2I n 2015-2136 EO0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 -VALERIE FLORES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datiLiov jd EXCUSED o,�.� Barbara Kirkmeyer, Chair Weld County Clerk to the Board TO AlcIr1.ee- Mike Freeman, Pro-Tem BY: G VV iboA q4 D y Clerk to the B and 4.0.01..�, s ,ems.` ki, \Sean P. Conway � f �l �ulie A. Cozad v�\?ff,114°C-. /' �O ou 'Attorney Steve Moreno Date of signature: aft 2015-2136 EG0072 1861 MEMORANDUM TO: Clerk to the Board DATE: June 10, 2015 G0uNT FROM: Tiffane Johnson& Leon Sievers 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 Valarie A. Flores. RECEIVED JUL 1 0 2015 WELD COUNTY COMMISSIONERS M\Francie\AGENDA memos\Agenda-riffane.doc 2015-2136 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN VALARIE A. FLORES and WELD COUNTY, COLORADO THIS AGREEMENT is made this 012./day of -TUL( , 2015, by and between Valarie A. Flores, whose address is 15225 County Road 49, LaSalle, 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 Five Hundred and 20/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Sixty Seven and 20/100 Dollars, ($367.20). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 0/°h /3 4127642 Pages: 1 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO ■IiI M��1F�'i'�«r�'I�� Ir��l Lid'��SL'� M:i��l �iY�r� II II 3. If this agreement is executed and returned to our office on or before June 26, 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 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 a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. 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. 9. 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. 10. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 11. 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. 12. 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 4127642 Pages: 2 of 9 07/24/2015 10:52 AM R Fee:$0.00$0.00 Page 2 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO Mill 1iMeN1:.:14MA' I ACAIDIIIIIL r Ak'Aiii i 1I 111 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 One Thousand, One Hundred Twenty Seven and 00/100 Dollars ($1,127.00) 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 June 26, 2015. If the agreement is not signed and returned on or before June 26, 2015, the County shall maintain its current offer of Fair Market Value of Eight Hundred Sixty Seven and 00/100 Dollars ($867.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 4. 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. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other 4127642 Pages: 3 of 9 07/24/2015 10:52 AM R Fee:$0.00$0.00 Page 3 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii ►�� i � i�:Ji Nag �,�� Bill 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Valarie A. Flores By: ( u 4 'L i, Title: IA CA2 By: Title: 4127642 Pages: 4 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page4of5 ■III M8111L'� 'I 'If��'��ir�� KII'��,Yirii�� I II ATTEST: diatlet) "el"' BOARD OF COUNTY COMMISSIONERS Weld C• my Clerk to the B c and WELD COUNTY, COLORADO BY: Deputy Cl/k to the Boa � 1 L !%Mike Freeman, Pro-Tem !, L 2 t Z.O. APPROVED AS TO FUN ( ( ,t0s4 PPROVED AS TO BST NCE: Control er �►,�� Elect f ci- or Depa ment Head APPROVED AS TO FORM: — . . /' Director of General Services County Attorney Page 5of�5j2/ Pages: 5 of 9 00J 'o� 101 Co 4127642 1052 AM R Fe •$' !IdLLGoun{t�y, COGG W L ,Im 07!24/2015 i i iirYIIIVIIINiidi I KoPPes+ Gi erk and R.��11i�y,T EXHIBIT-A E 1/4 CORNER CURVE TABLE Sec.13, T.3N., R.65W. FOUND #6 REBAR WITH CURVE LENGTH RADIUS DELTA CHORD CH BEARING 3.25" ALUMINUM CAP, ILLEGIBLE, 199X Cl 115.66' 15630.00' 0'25'26" 115.66' NO2'32'43"W IN MONUMENT BOX C2 127.73' 15770.00' 0'27'51" 127.73' NO2'31'31"W POINT OF COMMENCEMENT - I I FRANK W. i POINT OF LARRY & CASSANO I f BEGINNING MARY A. I -- / MADISON LINE 1 ABLE L4 L2 `" I. . . LINE BEARING LENGTH 20' DRAINAGE AND UTILITY EASEMENT L1 S00'18'47"E 1327.51' 10' ON EACH SIDE OF LOT LINE I FROM MILTON LAKE ESTATES FIRST FILING L2 S89'41'13"W 50.00' (REC. N0. 1550903) o L3 NO2'45'27"W 52.92' ADDITONAL RIGHT—OF—WAY Cr\ I PH[LLIP J. & L4 N89'41'13"E 11.69' 1,739s.f.t OR 0.040ac.t� �' i SARAH S. SE 1/4 111 0 b PFANNEBECKER to S13-T3N-R65W D tV VALERIE�r A. SW 1/4 FLORES 518 T3N-R64W PARC.#121313401007 RECP.#3880386 "1:: rO 00 O) z NOTICE CO tX Q According to Colorado low you must m commence any legal action based upon any defect In this survey within three years s`'i LI- after you first discover such defect. In no r 0 event may any action based upon any 50' EXISTING RIGHT-OF-WAY N defect in this survey be commenced more MILTON LAKE ESTATES FIRST FILING 0° N than ten years from the date of the (REC. NO. 1550903) bb a certification shown hereon. (13-80-105 O ny v C.R.S. 2012) I i I NOTE: This exhibit drawing Is not Intended 1 to be a monumentalized land survey. It's DUANE E. sole purpose Is as a graphic representation to aid In the visualization of the written LUTES property description which it accompanies. j..... . I The written property description supersedes the exhibit drawing. SE CORNER Sec.13, T.3N., R.65W. • FOUND #6 REBAR WITH • 2.5" ALUMINUM CAP, ILLEGIBLE iii IN MONUMENT BOX RIGHT OF WAY •Av.- WELD COUNTY DEPARTMENT AC UISISTION 4a •.r OF PUBLIC WORKS Q RW 36 \• ►i. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FLORES KING SURvFYORS PROJECT NO: SRP-26 SCALE: 1"-100' WCR 49 VC"inch c_Cnk,rnd"Rniin ""• "'r"ti"s`""ei°"'°"' DATE: 5-II-15 DRAWN BY: CDL SHEET: 201'2 4127642 Pages: 6 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly KopPes, Clerk and Recorder Weld County, CO ll i 1111!�!��RiJ:II«Itill � Aid, ��til rK III II4I II II EXHIBIT-A 36-FLORES-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot 23, Milton Lake Estates First Filing, recorded July 8, 1970 as Reception No: 1550903 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 14" diameter aluminum cap stamped '199?" (LS# is illegible) at the North end and by a #6 rebar with a 2 1" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# are illegible) at the South end, as bearing South 00'18'47" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE South 00'18'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 1327.51 feet to the intersection with the Easterly extension of the North line of said Lot 23; THENCE South 89'41'13" West along said Easterly extension a distance of 50.00 feet to the Northeast corner of said Lot 23, said point being the POINT OF BEGINNING; THENCE South 0018'47" East along the East line of said Lot 23 a distance of 296.08 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 115.66 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 0025'26" and a long chord bearing North 02'32'43" West a distance of 115.66 feet; THENCE North 02'45'27" West a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 127.73 feet to the North line of said Lot 23, said curve having a radius of 15770,00 feet, a central angle of 00'27'51" and a long chord bearing North 02'31'31" West a distance of 127.73 feet; THENCE North 89'41'13" East along the North line of said Lot 23 a distance of 11.69 feet to the POINT OF BEGINNING. Said parcel of land contains 1,739 sq. ft. or 0.040 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. Li P • •• °U fie G: ° ems 321.0G Y: US/OA/A L L r''%`° Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISISTION i OF PUBLIC WORKS \� ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FLORES WCR49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A \T7FT n('Cu 1XTTV of-NT nn, nn 650 E.Garden lln�'i \C'indso[,Colorado 80550 ,nf'@ I'"S° )" DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 oft 4127642 Pages: 7 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III ILM1,t N 4,M, 1111 r EXHIBIT-B . E 1/4 CORNER CURVE TABLE Sec.13, T.3N., R.65W. FOUND #6 REBAR WITH CURVE LENGTH RADIUS DELTA CHORD CH BEARING . 3.25" ALUMINUM CAP, ILLEGIBLE, 199X C1 127.73' 15770.00' 0'27'51" 127.73' S02'31'31"E IN MONUMENT BOX C2 115.66' 15630.00' 0'25'26" 115.66' S02'32'43"E POINT OF COMMENCEMENT C3 115.51' 15610.00' 0'25'26' 115.51' NO2'32'43"W C4 128.58' 15790.00' 0'28'00" 128.58' NO2'31'27"W FtlgT�lK. U/ POINT OF� • LARRY z nv I BEGINNING LARRY & N1AD r A. I LINE 1 ABLE CASSANOI MADISON 1 L6 L2 • LINE BEARING LENGTH • 20' DRAINAGE AND UTILITY EASEMENT i s L1 SO0'18'47"E 1327.51' 10' ON EACH SIDE OF LOT LINE J • I FROM MILTON LAKE ESTATES FIRST FILING i I L2 S89'41'13"W 61.69' (REC. NO. 1550903) 6 L3 S02'45'27"E 52.92' 20' TEMPORARY EASEMENT i PHILLIP J. & L4 S8T4O'OO"W 20.00' 5,933s.f.± OR 0.136ac.± I I SARAH S. SE 1/4 PFANNEBECKER L5 NO2'45'27"W 52.92' S13-T3N-R65W I L6 N89'41'13"E 20.01' VALERIE A. I SW 1/4 FLORES 518-T3N-R64W PARC.#121313401007 M N • I RECP.#3880386 6z NOI1CF • N Q According to Colorado law you must CO commence any legal action based upon any defect in this survey within three years L41 I w after you first discover such defect. In no N 0 event may any action based upon any 50' EXISTING RIGHT—OF—WAY I defect in this survey be commenced more MILTON LAKE ESTATES FIRST FILING CO N than ten years from the dote of the (REC. NO. 1550903) i b a certification shown hereon. (13-80-105 I 0 m C.R.S. 2012) • I I I NOTE: This exhibit drawing is not Intended I to be a monumentolized land survey. It's DUANE E. sole purpose Is as a graphic representation to aid in the visualization of the written LUTES property description which It accompanies. I The written property description supersedes the exhibit drawing. SE CORNER Sec.13, T.3N., R.65W. FOUND #6 REBAR WITH • 2.5" ALUMINUM CAP, ILLEGIBLE eiii IN MONUMENT BOX r TEMPORARY EASEMENT .A._ WELD COUNTY DEPARTMENT ACQUISISTION ga P..OF OF PUBLIC WORKS TE-36 \� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FLORES KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' \VCR 49 a;u 1.GuJcn Drirc \Cindsuc,Cebrado RUijU , .w,K,-ry Cr,, fin n fin ,,,,„1'ht;,I k' u"'''' " DATE: 5-I1-15 DRAWN BY: CDL SHEET: 2 of2 4127642 Pages: 8 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO III M .MrinK l ' 'Iity; '�MI MINN IVY ijl Li till FXHIBIT-B 36-FLORES-TE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Lot 23, Milton Lake Estates First Filing, recorded July 8, 1970 as Reception No. 1550903 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 %" diameter aluminum cap stamped `199?" (LS# is illegible) at the North end and by c #6 rebar with a 2 ;4" diameter aluminum cop stamped 'Greenhorne Sc O'Mara ' (year and LS# are illegible) at the South end, as bearing South 0018'47" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE South 00'18'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 1327.51 feet to the intersection with the Easterly extension of the North line of said Lot 23; THENCE South 89'41'13" West along said Easterly extension and along the North line of said Lot 23 a distance of 61.69 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the East a distance of 127.73 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 0027'51" and a long chord bearing South 02'31'31" East a distance of 127.73 feet; THENCE South 02'45'27" East a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 115.66 feet to the East line of said Lot 23, said curve having a radius of 15630.00 feet, a central angle of 00'25'26" and a long chord bearing South 02'32'43" East a distance of 115.66 feet; THENCE South 87'40'00" West, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 115.51 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'25'26" and a long chord bearing North 02'32'43" West a distance of 115.51 feet; THENCE North 02'45'27' West a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 128.58 feet to the North line of said Lot 23, said curve having a radius of 15790.00 feet, a central angle of 00'28'00" and a long chord bearing North 02'31'27" West a distance of 128.58 feet; THENCE North 89'41'13" East along the North line of said Lot 23 a distance of 20.01 feet to the POINT OF BEGINNING. Said strip of land contains 5,933 sq. ft. or 0.136 acre, more or less (±), and may be subject to any rights—of—way or others easements of record or as now existing on said described strip of land. P I 4, U ‘4 ^ 36 1.0 V y\ C .1�-ter ., Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISISTION is e1� OF PUBLIC WORKS TE-36 \� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32 &34 FLORES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A (,U 1-..Gnrdru Umr I \\and-nr,Colorado sorm W uT Tl CYl)INTV MI(")R Ann " —— em'd_''''°'O'°'k' °n' DATE: 5-11-15 DRAWN BY: CDL SHEET: I of2 4127642 Pages: 9 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III kirdFADT 4:114,1 1 i:Iii:ii IAN NAM]Neill), Ill III g6 _ MEMORANDUM TO: Clerk to the Board DATE: 12/11/2015 G01�NYY,� FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc # 2015-2136 Warranty Deed with Valerie A. Flores. pertaining to the WCR 49 road improvement. RECEIVED DEC 14 2015 COMMISSIONERS M:\Francie'AGENDA memos\Agenda-Leon-1.doc (LS/ 1—/ e / � 6-6007 id - -- / 1141110oZ � aa6r-4/ WARRANTY DEED THIS DEED made this of—Pr day of , 20`b, between Valerie A. Flores 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: 15225 Weld County Road 49, LaSalle,Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4169080 Pages: 1 of 5 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii M��kr�l��I��'1� 4 �i�N�hN I',!LHi hI'1 1i III • IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. \ia0A,\Li il, Valerie A. Flores, Owner State of ) )ss. County of ) The foregoing instrument was acknowledged before me this I) =` day of D vvt \\e, 20 IS, by Valerie A. Flores, Owner. LEON W.SIEVERS Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014024300 W Ca/�ISSI0N EXPIR68A000ST$,2017 �cr ,e( ✓l Notary Public My commission expires: oc _0 I 7 4169080 Pages: 2 of 5 12/29/2015 02:29 PM Fee:$0.0 Weld D C Fee: $0o 0 Carly Koppes, and Re • 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 2i SY day of /6-r-Zfic-Le--4.), 2015. ATTEST: W� 1 '&k, 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 BY: u2c ep ty Clerk to the Board Barbara Kirkme er, Chair/ DEC 2 1 21U5 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 0.2/51 day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Pu is My commission expires: CHERYL LYNN HOFFMAN NOTARY PUBLIC /0 /CI ' STATE OF COLORADO ��`"'�� I NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4169080 Pages: 3 of 5 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO (21045.- A/36. 11111 (_I /, EXHIBIT-A 36-FLORES-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot 23, Milton Lake Estates First Filing, recorded July 8, 1970 as Reception No. 1550903 of the records of the Weld County Clerk and Recorder, located in. the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 4" diameter aluminum cap stamped "199?" (LS# is illegible) at the North end and by a #6 rebar with a 2 1" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# are illegible) at the South end, as bearing South 00'18'47" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE South 00'18'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 1327.51 feet to the intersection with the Easterly extension of the North line of said Lot 23; THENCE South 89'41'13" West along said Easterly extension a distance of 50.00 feet to the Northeast corner of said Lot 23, said point being the POINT OF BEGINNING; THENCE South 00'18'47" East along the East line of said Lot 23 a distance of 296.08 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 115.66 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 00'25'26" and a long chord bearing North 02'32'43" West a distance of 115.66 feet; THENCE North 02'45'27" West a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 127.73 feet to the North line of said Lot 23, said curve having a radius of 15770.00 feet, a central angle of 00'27'51" and a long chord bearing North 02'31'31" West a distance of 127.73 feet; THENCE North 89'41'13" East along the North line of said Lot 23 a distance of 11.69 feet to the POINT OF BEGINNING. Said parcel of land contains 1,739 sq. ft. or 0.040 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. L/ , s, Ito •13 38106 y� o "VA L L Fs \) Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISISTION 41P;# OF PUBLIC WORKS \1I ►.. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 FLORES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Garden Duce Windsor,Colorado 80550 phone:(970)086-5011 I mad:infonlvngSurveyors.com DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 oft 4169080 Pages: 4 of 5 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co �ii kirdierptittralicku kit iI II EXHIBIT-A E 1/4 CORNER CURVE TABLE Sec.13, T.3N., R.65W. FOUND #6 REBAR WITH CURVE LENGTH RADIUS DELTA CHORD CH BEARING . 3.25" ALUMINUM CAP, ILLEGIBLE, 199X CI 115.66' 15630.00' 0'25'26" 115.66' NO2'32'43'W IN MONUMENT BOX C2 127.73' 15770.00' o'27'51" 127.73' No2'31'31"W POINT OF COMMENCEMENT i FRANK W. I POINT 0� LARRY& CASSANO ((-BEGINNING MARY A. f I MADISON LINE TABLE L4 L2 -' i _ . . . - LINE BEARING LENGTH 20' DRAINAGE AND UTILITY EASEMENT L1 SOO'18'47"E 1327.51' 10' ON EACH SIDE OF LOT LINE l FROM MILTON LAKE ESTATES FIRST FILING I L2 S89'41'13"W 5O.OO' (REC. NO. 1550903) v L3 NO2'45'27"W 52.92' ADDITONAL RIGHT—OF—WAY 1 c:„ I PHILLIP J. & L4 N89'41'13"E 11.69' 1,739s.f.± OR 0.040ac.± ' i SARAH S. SE 1/4 lo o t PFANNEBECKER S13-T3N-R65W � '0 N VALERIE A. SW 1/4 FLORES ii I 518-73N-R64W PARC.#121313401007 RECP.#3880386 " 0o N 6z NOTICE NQ According to Colorado law you must m commence any legal action based upon any defect in this survey within three years W u. after you first discover such defect. In no 50' EXISTING RIGHT-OF—WAY r, 0 event may any action based upon any defect in this survey be commenced more MILTON LAKE ESTATES FIRST FILING °r than ten years from the dote of the IMI (REC. NO. 155O9O3) 0 m certification shown hereon. (13-80-105 .. C.R.S. 2012) m0 rA -� I NOTE: This exhibit drawing is not Intended v'-J 1 to be a monumentallzed land survey. It's LL 8 DUANE E. sole purpose is as a graphic representation to aid in the visualization of the written LUTES property description which it accompanies. m-°•51 I The written property description supersedes '9.3 i the exhibit drawing. SE CORNER w v T3 Sec.13, T.3N., R.65W. °u.o s FOUND #6 REBAR WITH • �Ixw 2.5" ALUMINUM CAP, ILLEGIBLE NE-o1 IN MONUMENT BOX mm' C� Y allo,--. e 3 WELD COUNTY DEPARTMENT in.00 RIGHT OF WAY 0A�- a 4* P.0 OF PUBLIC WORKS 0NYti ACQUISISTION ,' �1 WCR 49 CORRIDOR PROJECT °1,N,i� 421D BETWEEN WCR(s)32&34 W..L 73-"-Ic'IM FLORES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"-I00' 5 WELD COUNTY,COLORADOo F. air„D" «t,a≥ Colorado xuW) ph""' 'T,o�686son ' ',„a,Ct„R,@)v„gsu„'"".,"," DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 oft Hello