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Home My WebLink About20153421.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 -JAMES HOLLLIS AND LEWIS JOHNSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and James Hollis, 16015, County Road 49, LaSalle, Colorado 80645, and Lewis Johnson, 550 N. Baldwin Street, Woodland Park, Colorado 80863, 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 James Hollis and Lewis Johnson, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2015-3421 2&: (1,,5/7-3))///z. EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 -JAMES HOLLIS AND LEWIS JOHNSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, O ORADO ATTEST: CC�� ‘-d40;ok arbara KirkmeY e Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: p�ty Clerk to he Board --- 00.• Sean P. Con ay _ 4 1E,lid APPROVED AS TO FOR" , � \ �, 861 "li 0 Julie A. Cozad I - County Attorney ♦ �'""' N;® • Al Steve Moreno illy `ol Date of signature: - 2015-3421 EG0072 1g61 � . MEMORANDUM vt C TO: Clerk to the Board DATE: October 9, 2015 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with James Hollis and Lewis Lloyd Johnson. RECEIVED OCT 1 2 2015 WELD COUNTY COMMISSIONERS M'Trancie\AGENDA memos\Agenda-Leon-l.doc 2015-3421 t • AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN James Hollis Johnson and Lewis Lloyd Johnson and WELD COUNTY, COLORADO THIS AGREEMENT is made this , O day of `) ` tc-m6,2015, by and between James Hollis Johnson, 16015 County Road 49, LaSalle CO 80645-9713and Lewis Lloyd Johnson, 550 N. Baldwin Street, Woodland Park, CO 80863, 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 Three Thousand, Six Hundred Twenty Dollars, ($3,620.00). 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 Three Hundred 4153581 Pages: 1 of 9 _ 0 - ,10.2-/10/28/2015 10:50 AM R Fee:$0.00 ��`'" Carly Koppes. Clerk and Recorder. Weld County: CO lily), Ill III Ninety Nine Dollars, ($399.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before September 22, 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 December 31, 2018, or upon the completion of the 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 Temporary Construction Easement. 4153581 Pages: 2 of 9 10/28/2015 10:50 AM R Fee:$0.00 Page2of5 Carly Koppes, Clerk and Recorder. Weld County. CO ■III!�!�1�1'�rf'�r��itti«�'��'�f,ti'�L�«��1�4",w��k'��+°I�� 11111 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 Five Thousand, Two Hundred Twenty Five Dollars ($5,225.00) to the Owner for the Public Road Right-of-Way and Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before September 22, 2015. If the agreement is not signed and returned on or before September 22, 2015, the County shall maintain its current offer of Fair Market Value of Four Thousand, Nineteen Dollars ($4,019.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B"to a level comparable to its original condition. 5 Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. 5. County shall reimburse the Owner the sum of Two Thousand Five Hundred and Five and no/100 ($2,505.00) dollars for the removal of 4 mature trees, removal and replacement of the entrance fence and gate. 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. 4153581 Pages: 3 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII 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. 4153581 Pages: 4 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III�I�.r!!'�Lf'i��I I +��'M� ��' h' h ��I��I��,tiFlr!:Yi��h 5 III t IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: -4:9 ela, - OWNER: - ?�— , By: LIPM7E.5 <61 k/7c x) - By: /-e_..t.0 1-s 2 v/o 1 vt) .--- V-6,--1.1342.1._ 10/ Zoo- "5""P 4 'r cir(lt /O, 9 D > ATTEST: dteati i W . ,it®.&k, BOARD OF COUNTY COMMISSIONERS Weld 'o my Clerk to the Board WELD COUNTY, C LORADO ai Deputy C rk to the ; /E;.. `..1 ) araraKirkm4ci26 b r, Char - 0 2G APPROVED AS TO FU.��It .i�lui ' ) APPROVED AS UBSTANCE: J __,,,,c ,_;,2 ailaa. , 0 t....-. Z-_--6;:".; /5'2 Controller ` E Cc 5 fficial or Department Head APPROVED AS TO FORM: t ‘\k\, PtS Director of General Services County Attorney Page 5 of 5 4153581 Pages: 5 of 9 0.2-001 -1 ✓Sol/ 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO lIII Kirov.W'Iri,'%I 'VI,KhjK'*IX,M,friM:Iiiii IA Bill EXHIBIT-A 44-JOHNSON-ROW PARCEL DESCRIPTION 4, parcel of land, being part of Lot 17, 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 (SEi/4) of Section Twelve (i2), Township Three North (T 3N.), Range Sixty—Five West (R.65W.) of the Sixth Principal Meridian (0th P.M.), ,County of Weld, '-;bate of Colorado and being more particularly described us follows: COMMENCING at the Southeast corner of said Section it and assuming the Last line or said SEI/4 as bearing North 00'21'02_ West being a Grid Bearing of the Colorado State Plane Coordinate System. North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02 West along said East line a distance of 99.45 feet; THENCE South 89'38'58" West along a line perpendicular to the aforesaid course a distance of 50.00 feet to the most Easterly Southeast corner of said Lot 17 and to the POINT OF BEGINNING; THENCE South 44'19'55 West along the Southeast line of said Lot 17 a distance of 71,10 feet to the most Southerly Southeast corner of said Lot 17; THENCE South 89'00'53- West along the South line of said Lot 17 a distance of 9.92 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 425.38, said curve has a Radius of 15,770.00 feet, a Delta of 01'32'44" and is subtended by a Chord that bears North 00'36'08' East a distance of 425.37 feet to the North line of said Lot 17; THENCE North 89'33'47- East along a line non—tangent to the aforesaid curve and along said North line a distance of 52.84 feet to the East line of said Lot 17; THENCE South 00'21'02" East along said East line a distance of 374.72 feet to the POINT OF BEGINNING; Said described parcel of land contains 23,117 Square Feet or 0.531 Acres, 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. *Note: A boundary survey was not performed cn this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plot. __ / Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISTION 40•0.r OF PUBLIC WORKS �w. �i� ��►1, ' WIR 49l`ORRIUUR BETWEEN WC'R(s) 34 & 36 JOHNSON Kim; 'l'It\I'NOR". PROJECT NO: SRP-?6 SCALE \,,1 WC 49 MAD(()U\I1 Y.C(4OR.,ltrir DATE- >-1 i-I DRA',A;N! (3) ( 1>I SHEET I of 4153581 Pages: 6 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO :1O4r4 II I EXHIBIT-A CURVE TABLE E 1/43N CORNER CURVE LENGTH RADIUS DELTA CHORD CH BEARING Sec, 12, T.3N., FOUND #6 REBAR WITH C1 425.38' 15770.00' 1'32'44' 425.37' N00'36'08"E 3.25" ALUMINUM CAP • STAMPED LS 34995, 2008 IN MONUMENT BOX LINE TABLE I1EIDI J. & SCO1T LINE BEARING LENGTH P. ELMORE LOT 16 MILTON i I L1 N00'21'02"W 99.45' I LAKE ESTATES I L2 S89'38'58"W. 50.00' L5 L3 S44'19'55"W 71.10' L10' DRAINAGE & I L4 S89'00'53"W 9.92' UTILITY EASEMENT (REC. NO. 1550903) ALVIN L5 N89'33'47"E 52.84' ON 50' EXISTING RIGHT-OF-WAY I DECHANT Jr. MILTON LAKE ESTATES _ & DAVID ALAN Nona. FIRST FILING DECHANT (REC. NO. 1550903) According to Colorado law you must commence any legal action based upon any defect in this survey within three years ADDITIONAL RIGHT—OF—WAY IN i after you first discover such defect. In no event may any action based upon any 23,117s.f.t OR 0.531ac.t-------„..... ^ I defect In this survey be commenced more thon ten years from the date of the certification shown hereon. (13-80-105 CHRISTINA C. w i C.R.S. 2012) JOHNSON 6 o co DOUGLAS E. & PARC.#121312401003 & •°i• O LINDA M. • Z NOTE: This exhibit drawing is not intended RECP.#3100957 o goo! RATZLAFF to be a monumentalized land survey. It's CV Q I sole purpose is as a graphic representation LOT 17 MILTON LAKE CO to aid in the visualization of the written ESTATES 3 SW 1/4 property description which it accompanies. -C•4p 57-T3N-R64W The written property description supersedes p the exhibit drawing. SE 1/4 In S12-T3N-R65W Fl !n o Q II Zvi 50' EXISTING RIGHT-OF-WAY MILTON LAKE ESTATES FIRST FILING L2 (REC. NO. 1550903) 4) L4 .- POINT OF BEGINNING WCR 34 SE CORNER ■� • Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP — STAMPED LS 10855, 1998 • IN MONUMENT BOX \• I POINT OF COMMENCEMENT I RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISTION 4$'9.0 OF PUBLIC WORKS RW 44 \�►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 JOHNSON WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WELD COUNTY.COLOR Ann can E.Garden Drive Windsor,Colorado sosu '''''''°@K"'gs"ncpor.a'm DATE: 5-13-I5 DRAWN BY: CDL SHEET: 2 of 2 4153581 Pages: 7 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO IIIII rwiN'it N'r " Ii 'Ln'IILUI!LIJ 1'1111.1iNA Al lik Ill III X HIBIT-B 44-JOHNSON-ICE PARCEL DESCRIPTION A 20.00 foot wide strip of land being a part of Lot 17, Milton Lake Estates, First Filingrecorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SEi/4) of Section Twelve (12), Township Three North (I.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 ut the Southeast corner of said Section i2 and assuming the East line 01 said SEI/4 as bearing North 00'21'02 • West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02 West along said East line a distance of 50.00 feet to a line parallel with and 50.00 feet Northerly of, as measured at a right angle, the South line of said SE1/4; THENCE South 89'00'53 West along said parallel line a distance of 109.92 feet to the South line of said Lot 17 and to the POINT OF BEGINNING; THENCE South 89'00'53- West along said South line a distance of 20.00 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 425.57 feet, said curve has a Radius of 15,790.00 feet, a Delta of 01'32'39' and is subtended by a Chord that bears North 00'36'02 East a distance of 425.56 feet to the North line of said Lot 17; THENCE North 89'33'47 East along a line non—tangent to the aforesaid curve and along said North line a distance of 20.01 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 425.38 feet, said curve has a Radius of 15,770.00 feet, a Delta of 01'32'44 and is subtended by a Chord that bears South 00'36'08 West a distance of 425.37 feet to the South line of said Lot 17 and to the POINT OF BEGINNING; Said described parcel of land contains 8,510 Square Feet or 0.195 Acres, 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. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 TEMPORARY EASEMENTWELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISTION 1e a� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 JOHNSON Kiv; 'In Ty(()tts PROJECT NO: SRP-26 SCALE. NIA WCR 49 \\F.I f)t ni n' i'. DATE ;-I -1 DRAWN BY CD!. SHEET: I o(' 4153581 Pages: 8 of 9 10/28/2015 10:50 AM R Fee:$0.00 iil �,'rM+'tinl�tew'�i�µrd w1,1,Y1iViiiiiCkiiii Ill 111 EXHIBIT-B I I CURVE TABLE E 1/4 CORNER Sec. 12, T.3N., R.65W. CURVE LENGTH RADIUS DELTA CHORD CH BEARING FOUND #6 REBAR WITH C1 425.57' 15790.00' 1'32'39" 425.56' N00'36'02"E 3.25" ALUMINUM CAP C2 425.38' 15770.00' 1'32'44" 425.37' 500'36'08'W STAMPED LS 34995, 2008 IN MONUMENT BOX. HEIDI J.& SCOTT LINE TABLE P. 6 LINE BEARING LENGTH LOT 16 MILTON I I I LAKE ESTATES I L1 N00'21'02"W 50:00' L4 L2 S89'00'53"W 109.92' LDRAINAGE & I I I L3 S89'00'53"W 20.00' UAUTY EASEMENT (REC. Na 1550903) ALVIN L4 N89'33'47"E 20.01' 50' EXISTING RIGHT-OF-WAY DECHANT Jr. MILTON LAKE ESTATES -I U & DAVID ALAN NOTICE FIRST FILING ( I DECHANT (REC. NO. 1550903) According to Colorado law you must commence any legal action based upon I I any defect In this survey within three years 20' TEMPORARY EASEMENT I I i after you first discover such defect. In no 8,510s.f.± OR 0.195t'aC. event may any action based upon any defect In this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 CHRISTINA C. 1 1 C.R.S. 2012) JOHNSON a ' ,, I DOUGLAS E. & U PARC.#121312401003 U I °'• Cr) LINDA M. .a. Z NOTE: This exhibit drawing is not intended RECP.#3 100957 . N < I RATZLAFF to be u ose is as aliz a land representation LOT 17 MILTON LAKE I m 1 to aid in i the visualization of the written ESTATES 13 SW 1/4 property description which it accompanies. O I S7-T3N-R64W The written property description supersedes the exhibit drawing. SE 1/4 in S12-T3N-R65W I I < I IZ 0 m i 50' EXISTING RIGHT-OF-WAY MILTON LAKE ESTATES FIRST FILING POINT OF i (REC. NO. 1550903) / 'BEGINNING I i - _ -_ /L� -- - - - L3 L2 WCR . J SE CORNER . . - . . _ . . --1-- • Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP — STAMPED LS 10855, 1998 \ IN MONUMENT BOX \ I POINT OF COMMENCEMENT TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT N 4� e# OF PUBLIC WORKS ACQUISTION 431110 \�► WCR 49 CORRIDOR PROJECT \ BETWEEN WCR(s)34&36 JOHNSON KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 WELD COUNTY,COLORADO 630r_Garden�n," 3',,nd_or.c"w�a"ko5su ' ---a:,,,r":�r�t;;"gs"n,>v"r'.c"m DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 oft 4153581 Pages: 9 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO III klillie'ifinalii NO kV'NV!Ir 'IiVi4rh Ill III 1861 MEMORANDUM TO: Clerk to the Board DATE: November 5, 2015 y ��.GDUNTY `_ FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Warranty Deed with James Hollis Johnson and Lewis Lloyd Johnson. RECEIVED NOV 0 6 2015 WELD COUNTY COMMISSIONERS S M:\Francie\AGENDA memos\Agenda-Leon-2.doc 'Car g() CG s /� r) ois // oo-�a 12 �I - 15' WARRANTY DEED THIS DEED made this � of v day 20/6, between James Hollis , Johnson and Lewis Lloyd Johnson 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 16015 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. 4159131 Pages: 1 of 5 11/18/2015 03:16 PM R .00 D nt , COFee:$0.00 �9/. 3 ,/�/ Carly Koppes, Clerk and Recorder, Weld County, C �` 1111 kir1Ein IliiIa14 I,14 ki ii.010,ihffiZIP N 11 111 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. ate ' JAMES HOL JOHNSON, Owner LEWIS LLO D JOHNSON, Owner State of Cd1 ) )s s. County of w ) The foregoing instrument was acknowledged before me this S4 A-‘ day of A)c) ;IA 6-6/- 20 15, by James Hollis Johnson and Lewis Lloyd Johnson, Owners. Witness my hand and official seal. LJ I Notary Public My commission expires: LEON W.SIEVERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014024300 MY C0MMISS0N o0'IRES AUOUST$,2017 Pages: 2 of 5 "co." 4159131 R Fee:$0 00 D Fee:$ 11/18/2015 03:16 PM Car1Y Koppel Clerk and Recorder, Weld County, muol�'�� lit), 111 • 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 Ai ill day of 2015. ATTEST: JC.I;41 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. De ty Clerk to the Board • - , arbara Kirkm yer, Ch r ,LZ\ BOARD OF COUNTY NOV 1 6 2015 �� COMMISSIONER 1 OF THE COUNTY OF WELD <mit o 4I STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoi g instrument was acknowledged before me this day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. grand o€€cial-3e • CH RYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 Notary Pu ic MY COMMISSION EXPIRES DEC. 19, 2018 My commission expires: 4159131 Pages: 3 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder. Weld County, CO ■Illt�!��R'#l�.�til�M1'+�� MINIM II III o2 .W02-/ EXHIBIT-A 44-JOHNSON-ROW PARCEL DESCRIPTION A parcel of land, being part of Lot 17, 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 Twelve (12), 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 Southeast corner of said Section 12 and assuming the East line of said SE1/4 as bearing North 00'21'02 West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02' West along said East line a distance of 99.45 feet; THENCE South 89'38'58" West along a line perpendicular to the aforesaid course a distance of 50.00 feet to the most Easterly Southeast corner of said Lot 17 and to the POINT OF BEGINNING; THENCE South 44'19'55 West along the Southeast line of said Lot 17 a distance of 71.10 feet to the most Southerly Southeast corner of said Lot 17; THENCE South 89'00'53- West along the South line of said Lot 17 a distance of 9.92 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 425.38, said curve has a Radius of 15,770.00 feet, a Delta of 01'32'44' and is subtended by a Chord that bears North 00'36'08' East a distance of 425.37 feet to the North line of said Lot 17; THENCE North 89'33'47 East along a line non—tangent to the aforesaid curve and along said North line a distance of 52.84 feet to the East line of said Lot 17; THENCE South 00'21'02' East along said East line a distance of 374.72 feet to the POINT OF BEGINNING; Said described parcel of land contains 23,117 Square Feet or 0.531 Acres, 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. 'Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A., WELD COUNTY DEPARTMENT Ca a e.o OF PUBLIC WORKS \1111 ►� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34& 36 JOHNSON KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 ,c I \V,,&..,r,Cok,rdo Fusin rnud:mG'GlOugsunrcnr:ro"' DATE. 5-11-IS DRAWN BY• CDL SHEET: 1 of 2 4159131 Pages: 4 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fnty CO00 a rly KoaPes, Clerk and Recorder Weld County IllM11. ' I«eI �'LALii.Iir�lJ+rl'rf�l�� w �ililr�,�, III EXHIBIT-A I I CURVE TABLE E 1/4 CORNER Sec. 12, T.3N., R.65W. 0'3 CURVE LENGTH RADIUS DELTA CHORD CH BEARING FOUND #6 REBAR WITH Cl 425.38' 15770.00' 1'32'44'. 425.37' N06'08"E I I 3.25" ALUMINUM CAP STAMPED LS 34995, 2008 IN MONUMENT BOX LINE TABLE HEIDI J. & SCOTT I I LINE BEARING LENGTH P. ELMORE LOT 16 MILTON i I L1 NO0'21'02"W 99.45' I LAKE ESTATES I I L2 S89'38'58"W 50.00' L5 I I L3 S44'19'55"W 71.10' 10' DRAINAGE & I L4 S89'00'53"W 9.92' UNITY EASEMENT (REC. NO. 1550903) ALVIN L5 N89'33'47"E 52.84' ON 50' EXISTING RIGHT-OF-WAY I DECHANT Jr. MILTON LAKE ESTATES _ & DAVID ALAN NoncE FIRST FILING DECHANT (REC. NO. 1550903) According to Colorado law you must commence any legal action based upon any defect in this survey within three years ADDITIONAL RIGHT—OF—WAY hI —_ after you first discover such defect. In no event may any action based upon any 23,117S.f.t OR 0.531oc.t--------_,..... r I defect In this survey be commenced more M than ten years from the date of the CHRISTINA C. certification shown hereon. (13-80-105 W I C.R.S. 2012) JOHNSON 6 o io. I DOUGLAS E.& PARC.#121312401003 N °i• 0 LINDA M. Z NOTE: This exhibit drawing is not intended RECP.#3 100957 0 RATZLAFF to be a monumentollzed land survey. It's (/) N < I sole purpose Is as a graphic representation LOT 17 MILTON LAKE m I to aid in the visualization of the written ESTATES 3 SW 1/4 property description which it accompanies. IV S7-T3N-R64W The written property description supersedes O 0 the exhibit drawing. SE 1/4 to i7JS12-T3N-R65W 0 <m I �_ i z- 1 50' EXISTING RIGHT-OF-WAY MILTON LAKE ESTATES FIRST FILING L2 (REC. NO. 1550903) .5 L4 _, POINT OF BEGINNING WCR 31 SE CORNER ■� • Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP — STAMPED LS 10855, 1998 IN MONUMENT BOX \• I POINT OF COMMENCEMENT RIGHT OF WAY .A . WELD COUNTY DEPARTMENT ACQUISTION 41 �� OF PUBLIC WORKS RW-44 \�► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 JOHNSON KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 650 E.Carden Drive I WInd<or,Colorado 80550 TIJCr n['CO MITA/ IYIT r1D A FICA I en'ad'info@IlvngSuncpors.o>m DATE: 5-13-I5 DRAWN BY: CDL SHEET: 2 oft 4159131 Pages: 5 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County CO ■III ic1Q,i,IlOWLICI D'ilkil ' i1.IMF'l lIt'14.,11Yk"i II II I Hello