HomeMy WebLinkAbout20151888.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 - IAN AND BILLIE
MOORE
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 Ian and Billie Moore, 2614 Water Front Street, Evans, Colorado 80620, 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 Ian
and Billie Moore 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.
2015-1888
L ' 1,363/LS) $i4 EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - IAN AND BILLIE MOORE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
;1,k Barbara Kirkmeyer, hair
Weld County Clerk to the Board v\/�
I 1 Auc ✓1�D�
n _ J aDV
Mike Freeman, Pro-Tem
(.LQYBY: D r Clerk to the d
E L ean P. Conway c—�
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AP ED RM: , i
1861 � =' ; "' • A. Cozad
ounty Attorney � ®
Steve Moreno
Date of signature: -0. --
2015-1888
EG0072
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MEMORANDUM
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TO : Clerk to the Board DATE : June 25 , 2015
wr 1-- Co—ii N 1: Y
1 FROM : Tiffane Johnson, Public Works Department
SUBJECT : Agenda Item
RE : WCR 49, Parcel #25
Agreement for the Purchase of Public Road Right-of-Way Permanent Easement and Temporary
Construction Easement with Ian C . Moore and Billie J . Moore . R E C E I V E
D
JUN 2 5 2015
WELD COUNTY
COMMISSIONERS
2015- 1888
M:\Leon\WCR 49 corridor\CR 46-48\MILLER (Formerly Botlinger)Wgenda Memo.doc
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 IAN C. MOORE AND BILLIE J. MOORE AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of 1f 61n1� , 2015, by and between IAN
C. MOORE AND BILLIE J. MOORE, whose address is 2614 Water Front Street, Evans, CO
80620, 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 theparcel of the Public Road Right-of-Way for the benefit
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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 Five
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Carly Koppes, Clerk and Recorder, Weld County. Co TO BE INADEQUATE FOR
11111 SCANNING PURPOSES.
Page 2 of 5
Thousand Nine Hundred Eighty Five Dollars, ($5,985.00). The parties
acknowledge and agree that said 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 Seven Hundred Thirteen Dollars, ($713.00). 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 Four Hundred
Twenty Eight Dollars, ($428.00). 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 28,
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
3 and clear of all liens, encumbrances or other possessory claims, except existing
easements.
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9. The Temporary Construction Easement shall commence on the day of closing and
G shall expire and be of no further force or effect on January 1, 2018, or upon the
44_v completion of the Project, whichever is earlier.
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N 10. 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
a a on the property described in Exhibit "C" which may interfere with County's full
enjoyment of the rights hereunder; the Temporary Construction Easement
m
includes all rights and privileges as are necessary or incidental to County's
o reasonable and proper use of said easement.
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Page 3 of 5
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
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 Nine Thousand Two Hundred Sixty Four Dollars ($9,264.00) 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 signed and returned on or before May 28, 2015. If the agreement is
-� not signed and returned on or before May 28, 2015, the County shall maintain its
aii
current offer of Fair Market Value of Seven Thousand One Hundred Twenty Six
8-Ai Dollars ($7,126.00) for the Public Road Right-of-Way, the Permanent Easement,
and the Temporary Construction Easement by County warrant(s) at the date of
closing.
•3 4. County, as a condition of the granting of Temporary Construction Easement
41- v v - covenants and agrees to restore the property described in Exhibit "C" to a level
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comparable to its original condition.
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ma . 5. Prior to construction commencing on the Project and right of way described
a a herein, the County shall construct a temporary fence line along the outside
CZ) = boundary of the temporary construction easement / permanent easement. At the
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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 the subsequent maintenance of said fence.
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.
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Carly Koppes. Clerk and Recorder; Weld County; CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: AN . GORE AND BILLIE J. MOORE
/10(
I . M e ' Billie J. Moor
Date: 1/9) )a �J
ATTEST: &I f2hA) ` eido tik BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board �""''*►� W LD COUNTY, C LORADO
BY: I �.f .mil SIP/ � ���� JA.2g
D-p y Clerk to th Bo. .,1 �� '' �.rbara Kirkmey , Chair `JUN 2 9 2015
APPROVED AS TO FUND �ti �( \ APPROVED AS TO STANCE:
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Controller -- Ele dOiSticial or Department Head
APPRO D AS TO FORM: kVA
Director of General Services
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WELD COUNTY DEPARTMENT
tie OF PUBLIC WORKS
OF ACQUISITION RW-24A l� [rmc.... WCR 49 CORRIDOR PROJECT
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PROJECT N0 : SRP-26 SCALE : 1 " 100
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4121237 Pages : 6 of 14 1 DATE : 5-4- 15 BY : JHB SHEET : 1 of 1
07 / 02 / 2015 01 : 43 PM R Fee : $0 . 00
Carly Koppes ; Clerk and Recorder , Weld County , CO
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EXHIBIT-A PHS-1/MILE-5
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. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 18,289.46 sf. OR 0.42 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
4121237 Pages: 7 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
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RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
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WCR
BETWEEN 46 WCR C & 48
MOORS �
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WCR 49 GOu�
WELD COUNTY,COLORADO DATE: 5-4-15 BY: J1-1B SHEET: 1 of 2
EXHIBIT-A PHS-1/MILE-5
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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. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 100.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 4,572.36 sf. OR 0.10 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
4121237 Pages: 9 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
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THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 100.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 4,572.36 sf. OR 0.10 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
4121237 Pages: 11 of 14
07/02/2015 01:43 PM R Fee:$0.00
Carly Koppes; Clerk and Recorder. Weld County, CO
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-
'u,°"� , 11.- , NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
L
tL m—_, 1 a LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
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" I I ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
in Q WELD COUNTY DEPARTMENT
eoN N o ti TEMPORARY EASEMENT 1
Nm aWE ACQUISITION TE z4A 861 OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
`r mAli
1M--7.1)1
BETWEEN WCR 46&WCR 48
MOORE ,r/ it
WCR 49 U 'G O U N T Y PROJECT NO: SRP-26 SCALE: 1"=100
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 2 oft
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,
Ian C. Moore and Billie J. Moore
2614 Water Front Street
Evans, CO 80620
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 6th P.M.
Section 7: SW '/
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.
ji 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
z such fences and structures as may be necessary to enclose the same, or any part thereof, on the
13 i described land.
■_
tck
m _7
o v a=L It is agreed that the pipeline or lines associated with the pig launching stations which will be laid
QI
M" 6L7 under this grant shall be constructed a minimum depth of forty-eight (48) inches below the
.n a A surface of the ground to permit normal cultivation at the time of construction, and Grantor shall
Q,a ' have the right to fully use and enjoy the above described premises subject to the rights herein
a a W-m granted.
G alE
° = Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its
N N Y.' original condition and reseed the same as soon as possible. Grantee shall have the right to clear
• roall trees, undergrowth and other obstructions from the herein granted permanent right-of-way,
• o o i and Grantor agrees not to build, construct or create any buildings, structures or engineering
Page 2 of 2
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 TNESS WHEREOF, Grantor has executed this instrument th•is 7(-) day of
a ij7
2015, signed, sealed, and delivered in the presence of:
GRANTO . I "C( GORE AND BILLIE J. MOORE
/
//
ry. Billie J. Moore
/
4121237 Pages: 14 of 14
STATE OF COLORADO ) 07/02/2015 01:43 PM R Fee:$0.00
$0.00
Carly Koppes. Clerk and Recorder. Meld County. Co
SS. lIII Mild h'i1I Nil.,r :E,,9 COL Wit gill,
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ,day of y7)/17✓ ,
2015, by Ian C. Moore and Billie J. Moore, Grantor.
Witness my hand and official seal.
I 611thli-Az KA/ V„-((i V\
otary Public
My commission expires: boi 4 \VoTqip ',<IN
`n\ AI,
6LIC
9� .• Z:\WELpf�191 \C40#18\MOORE\ROW Grant to DCP.docx
MEMORANDUM
TO. Clerk to the Board DATE: 1/28/2016
�G_t?_V_NTY.
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc #2015-1888
Warranty Deed with Ian C. and Billie J. Moore for the WCR 49 Corridor Project.
RECEIVED
JAN 2 9 2016
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-1.doc
V2(t°4,)(1-sif-ffH
0,0A,Nkfu+ arcta-
a- 3 -02010 02015 /888
,2-1.9--„26/49 CG 00.2
WARRANTY DEED
THIS DEED made this c.1° day of j , 20/(O, between Ian C. Moore
and Billie J. Moore, whose address is 22436 Coun�d 49, LaSalle, Colorado 80645,
Y
Grantor, and County of Weld, a body corporate and politic of the State of Colorado
whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld,
State of Colorado, Grantee:
WITNESS, that the grantor, for the sum of One Dollar, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, their heirs and assigns forever, all the real property
together with improvements, if any, situate, lying and being in the County of Weld and
State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A"
Also known as: 22436 County Road 49, LaSalle, Colorado 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.
RESERVING unto Grantor the mineral estate under said property, including oil,
gas and any and all water rights currently attached to or associated with said property,
except as required to sustain the integrity of the surface estate granted herein.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantees, their heirs and assigns forever. And the
grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes
for the current year, easements, restrictions, covenants, conditions reservations and
rights-of-way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
:L 5/20 Pages: 1 of 5 �Jr �f '
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0. 0 Carly Koppes, Clerk and Recorder, Weld County, CO"
■III rarlil*'/i iVI'ICIIIIILINpNI.FLifilyi, 1III
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 / TNESS THEREOF the grantor has executed this deed on the date set
forth abov. i
/70/1/0jtTii717)W
Ia �.,'# •wner Billie J. Moore dwner
STATE OF COLORADO )
ACKNOWLEDGEMENT
COUNTY OF �✓� )
The foregoing instrument was acknowledged before me this /C7 `-day of
e:5AvsfoAcz� , 20 /6, by Ian C. Moore and Billie J. Moore.
Witness my hand and official seal.
JAMES R.FLESHER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2015403'::
MY COMMISSION EXPIRES OCT*..1' 7,2019
otary Public
My commission expires: to/7/i'
4178942 Pages: 2 of 5
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
III
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this1€D day of , 2016.
ATTEST: .4:tif44.) JC 1-40;4 BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
s ILa STATE OF COLORADO
�
BY: A t +t ?� = BY: Q
D, f ty Clerk o the B •r , � , Mike Freeman, Chair
STATE OF COLORADO )
)ss
COUNTY OF WELD )
he foregoing instrument was acknowledged before me this c°) day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSION S OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Public
My commission expires: i /y o2-a
CHERYL LYNN HOFPAAAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC, 19, 2018
4178942 Pages: 3 of 5
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III�!��Ai �� 1�4'Irh' ��iPi�d��ll��l�L�J4����1Y4�h "Ill / O
EXHIBIT-A PHS-1/MILE-5
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. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 18,289.46 sf. OR 0.42 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
RIGHT OF WAY WELD COUNTY DEPARTMENT
'� 1861 OF PUBLIC WORKS
ACQUISITION RW; A �� r
!� rs,? WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
MOORS Ll''� r
WCR 49 G O U N 1:11
'
PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 1 of2
4178942 Pages: 4 of 5
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III���1�h� � � '�W il����N�1���Milli:M id Ill II
EXHIBIT-A PHS-1/MILE-5
I I W 1/4 COR
I I S7-T4N-R64W
I4FFt I y
I 'WCR 49 EXISTING HONEBEIN
I 40' RIGHT-OF-WAY
BK.1046/PG.13 SW 1/4
I RECP.#819293 S7-T4N-R64W
6-7-1939
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S12-T4N-R65W
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c'i: N88'40'44'E
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31 ADDITIONAL 80' RIGHT—OF—WAY
I : I_ ACQUIRED 18,289.46 sf.± OR 0.42 ac.±
WI
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JOHNSONI ZI I W PARC.#105307300051
CZ
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S88'40'44"W
II I 80.00'
I I I
I I I BANOWETZ
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S7—T4N—R64W
c c NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
I I LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
I I ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY 1 WELD COUNTY DEPARTMENT
86i OF PUBLIC WORKS
ACQUISITION O
1''3 � ry! WCR 49 CORRIDOR PROJECT
' - BETWEEN WCR 46&WCR 48
MOORE 1
WCR 49 ) N T Y PROJECT NO: SRP-26 SCALE: 1"=100
GOU
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 2 oft
4178942 Pages: 5 of 5
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
I'll RI FAN AVIV +.A'i'i RAN' ficl!Pi'I Mid BIM
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