The URL can be used to link to this page

Browse Search

Home My WebLink About20151143.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 - DANNY AND AMY THRUTCHLEY 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 Danny and Amy Thrutchley, 21737 County Road 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 Danny and Amy Thrutchley 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. t. Ilr)(FCIL5,5/O 2015-1143 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - DANNY AND AMY THRUTCHLEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of April, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST. S..( ,,..J_o ok 1 „de rbara Kirkmeye)., Chair Weld County Clerk to the Board M Mike Freeman, Pro-Tern BY. At 1 / r sitar. c___.---. •e4 ty Clerk t. the Boarep/ano,„ ,#t ., ]Ell, AS. -..Conway APPROV AS TO FO' �. ��, f ,�j�, ( ,� J - �c r ' l Ill as� .1, ` — ' ozad County Attorney �' -:\ I EXCUSED 5/( , / `®=N >' Steve Moreno Date of signature: `� 2015-1143 EG0072 ,, MEMORANDUM E�L TO: Clerk to the Board DATE: April 13, 2015 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for Purchase of Public Road Right-of-Way and Temporary Construction Easement with Amy L. and Danny Joe Thrutchley. PI lnudc 1GENT)1 is eon.doc 2015-1143 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN AMY L. THRUTCHLEY AND DANNY JOE THRUTCHLEY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this oR'day of /Veit- , 2015, by and between AMY L. THRUTCHLEY AND DANNY JOE THRUTCHLEY, whose address is 21737 Weld County Road 49, La Salle, Colorado 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 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 Two Thousand One Hundred Forty Five Dollars, ($2,145.00). 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 4102953 Pages: 1 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO Old frr1R'I(Wi�� 4'rll�,Fxrf�Ml��ikM'�}Ah1YlY4F III III Page 2 of 5 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 Four Hundred Twenty Seven Dollars, ($427.00). 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 April 17, 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 of closing and shall expire and be of no further force or effect on January 1, 2018, or upon the completion of the 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. .mamoa v;3O � 10. Owner shall retain the mineral estate under the Public Road Right-of-Way and the -a m w 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. r y � Jd _ 10 a3pj 11. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- rpA of-Way to County at the date of closing which shall be no later than thirty (30) Wam o days following the County's execution of this Agreement. a-. mm 12. Owner shall pay any encumbrance associated with the Public Road Right-of-Way tins and the Temporary Construction Easement which is required to be paid, X° 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 -=o OE az- P:\WELDCNTY\C4O#I8\THRUTCH LEY\ACQUISITION\Thrutchley Compromise Agreement 3-30-15.docx Page 3 of 5 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. 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 Four Thousand Five Hundred Seventy Two Dollars ($4,572.00) 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 this agreement is signed and returned on or before April 17, 2015. If the agreement is not signed and returned on or before April 17, 2015, the County shall maintain its current offer of Fair Market Value of Two Thousand Five Hundred Seventy Two Dollars ($2,572.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 5. County shall at closing pay in the amount of One Thousand Eight Hundred Ninety Dollars ($1,890.00) for split rail fencing along the existing right of way. 6. County shall at closing pay in the amount of Five Hundred Dollars ($500.00) for the removal of two small trees within the necessary right of way. 7. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line consisting of barbed wire along the outside boundary of the temporary construction easement. At the conclusion of construction, the Owner will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder said fence. The Owner shall be responsible for the subsequent maintenance of said fence. 4102953 Pages: 3 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO MISCELLANEOUS: MirJA•��'hiii ry itti�riwi W1.0Ile 1kilikF� 11111 1. This Agreement and the transfers of the Public Road Right-of-Way and the P:AWELDCNTY\C40#I8\THRUTCHLEY\ACQUISITION\Thrutchley Compromise Agreement 3-30-15.docx Page 4 of 5 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. 4102953 Pages: 4 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mull,#tW,Ili101 «O' ,11.11:Mlikilf IOC P:1WELDCNTY\C40#18\THRUTCHLEY\ACQUISITION\Thrutchley Compromise Agreement 4-02-15.docx Page 5 of5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: AMY L. THRUTCHLEY AND DANNY JOE THRUTCHLEY . Th chley Danny doe hrutchley O L(- 07, 2 G i -S ATTEST.W 'CA BOARD OF COUNTY COMMISSIONERS Weld Co my Clerk to the B and WELD COUNTY, CO RADO BY: 4 cuZ L /tI /.. Deputy Cle to the B rbara Kirkmeyer Chair APR' 2 2 2015 APPROVED AS TO FL pad -APPROVED TO SU STANCE: „Tit A/7Controller El e lcial or Department Head APPROV AS TO F �M Director of General Services County Att 4102953 Pages: 5 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO VIII Mil PAL'TRiMINN JL'V" r 11111 P:\WELDCNTY\C4O#I8\THRUTCH LEY\ACQUISITION\Thrutchley Compromise Agreement 3-30-15.docx ao/5- //'/3 EXHIBIT-A RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2521409 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'17'23" EAST A DISTANCE OF 2641.50 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 0017'23" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 1355.00 FEET, THENCE DEPARTING SAID LINE SOUTH 89'42'37" WEST TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 THE NORTHEAST CORNER OF SAID RECORDED DEED A DISTANCE OF 40.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 0017'23" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 209.00 FEET; THENCE SOUTH 89'42'37" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 00'17'23" WEST A DISTANCE OF 137.25 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 71.75 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE NORTHERLY LINE OF SAID RECORDED DEED WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 00'15'39" AND WHOSE CHORD BEARS NORTH 00'09'33" WEST A DISTANCE OF 71.75 FEET; THENCE NORTH 89'42'37" EAST ALONG SAID NORTHERLY LINE TO A POINT ON SAID EXISTING WESTERLY RIGHT—OF—WAY LINE A DISTANCE OF 29.84 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,266.10 sf±. OR 0.14 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. 4102953 Pages: 6 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III !!lP4'iAlrijIRG,Itiii3V,IWIN itla',1dWl'1diiyh II III RIGHT OF WAY WELD COUNTY DEPARTMENT RW-14 �86� J OF PUBLIC WORKS ACQUISITION WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)44&46 THRUTCHLEY WCR 49 PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO ,G_0 DATE: 2-19-15 BY: JHB SHEET: 1 oft EXHIBIT-A I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY P.O.C. NE COR. PLAT. IT IS INTENDED TO ILLUSTRATE THE 513-T4N-R65W ATTACHED PROPERTY DESCRIPTION ONLY. 3 1/4" A.C. STAMPED JONES LS#22098 2005 IN MON. BOX CC I • U w N • O P.O.B. N Rf N89.42'37"E• \y 29.84' 1 89'42'37". R 40.00' L=71.75' R=15,770.00' A=00'15'39" - C=71.75' CB=N00'09'33"W - o to N o �Iz DANNY & AMY -.- N N Gg THRUTCHLEY N "1" PARC.#0105513000019 N NI NIo RECP.#2521409 r r sl 3 RIGHT—OF—WAY ACQUIRED N 6,266.10 sf.± OR 0.14 ac.± N I 0 0 z S89'42'37"W I 30.00' I I R WCR 49 EXISTING I • RIGHT—OF—WAY RECP.#819300 I 40' 6-7-1939 IN 40' SE Ya OF NE Ya E 1/4 COR. H.C. 4R65W 3S13—T 1/4" As—. .C. STAMPED JONES LSN-#22098 2005 IN MON. BOX I RIGHT OF WAY 1� WELD COUNTY DEPARTMENT ACQUISITION RW-14 ''.>y186�� '" OF PUBLIC WORKS WCR49 �l � CORRIDOR PROJECT THRUTCHLEY i WCR 49 I G6 UNTY PROJECT NO: SRP-26 SCALE: 1"=60 WELD COUNTY,COLORADO I GATE: 3-5-15 BY: MB SHEET: 2 oft 4102953 Pages: 7 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO ■III filial 4fM'lliIliii'RiIIealillUKIiik1rii.R' Ilyi, II III EXHIBIT-B TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2521409 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'17'23" EAST A DISTANCE OF 2641.50 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 0017'23" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 1355.00 FEET, THENCE DEPARTING SAID LINE SOUTH 89'42'37" WEST TO A POINT ON THE NORTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 69.84 FEET TO A NON-TANGENT POINT OF CURVE TO THE LEFT AND BEING THE POINT OF BEGINNING. THENCE 71.75 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 00'15'39" AND WHOSE CHORD BEARS SOUTH 00'09'33" EAST A DISTANCE OF 71.75 FEET; THENCE SOUTH 0017'23" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 137.25 FEET; THENCE SOUTH 89'42'37" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 00'17'23" WEST A DISTANCE OF 137.25 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 71.75 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE NORTHERLY LINE OF SAID RECORDED DEED WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 00'15'37" AND WHOSE CHORD BEARS NORTH 00'09'34" WEST A DISTANCE OF 71.75 FEET; THENCE NORTH 89'42'37" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,180.00 sft. OR 0.10 ac.t MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4102953 Pages: 8 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII Mlr11MUNDIOTIOlO111113,NO I �I II I TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-14 OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 44 & 46 THRUTCHLEY WCR 49 PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO CO DATE: 3-13-15 BY: JHB SHEET: 1oft EXHIBIT-B I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY P.O.C. NE COR. PLAT. IT IS INTENDED TO ILLUSTRATE THE 513-T4N-R65W ATTACHED PROPERTY DESCRIPTION ONLY. 3 1/4" A.C. STAMPED JONES LS#22098 2005 IN MON. BOX 0 • I I • r7 Cl C2 CC U w I L=71.75' L=71.75' R=15,770.00' R=15,790.00' N 0=0015'39" 0=00'15'37" 'r C=71.75' C=71.75' o CB=S00'09'33"E CB=N00'O9'34"W a' Rt P.O.B. N89'42'37"E 589'42'37"W 20.00' 69.84' R I " U U I 20' TEMPORARY EASEMENT o , 4,180.00 sf.± OR 0.10 ac.± Lc La I 7Iz N E. DANNY & AMY - Li] THRUTCHLEY w in L_ PARC.#0105513000019 N N RECP.#2521409 M gIm -0 I I 14) N 0 r 0 I z cn 589'42'37"W I 20.00' WCR 49 EXISTING I RIGHT-OF-WAY RECP.#819300 I I 40' 6-7-1939 IN 40' • SEYaOFNEYa I E 1/4 COR. S13-T4N-R65W 3 1/4" A.C. STAMPED JONES LS#22098 0 2005 IN MON. BOX I TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-I4 186� OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT THRUTCHLEY I PROJECT NO: SRP-26 SCALE: 1"=60 WCR 49 G 0 U_i T Y WELD COUNTY,COLORADO DATE: 3-13-15 BY: MB SHEET: 2 of 2 4102953 Pages: 9 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •IIIkrailtk'Uhil,1VA!T,iirlifMi:IFIbII Ali Ill III PHOTO EXHIBIT M L r . lc 4.j. ARENS S) o il• ENSIGN b ft° Rt =-.,--7- Ef ... , STONE R , iIT " 4M SI '1- NOBLE "—u'� U Cc ENERGY e ,0 . THRUTCHLEY iiiti ADDITIONAL RIGHT-OF-WAY 0.14 ac.± 20' TEMPORARY EASEME 0.10ac.± i r i re. i STONE WELD COUNTY DEPARTMENT PHOTO EXHIBIT lifi,..).3AvAe OF PUBLIC WORKS OF ACQUISITION WCR 49 THRUTCHLEY CORRIDOR PROJECT WCR 49 N-r y PROJECT NO: SRP-26 SCALE: 1"=60 WELD COUNTY,COLORADO I GOO U1 DATE: 3-13-15 BY: JIM 'SHEET: 1 of 1 4102953 Pages: 10 of 10 04/29/2015 12:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■IIIkirJrir'ILIUM CPR Li.,f1114 VIII,ritlriiI N, 11111 MEMORANDUM a TO: Clerk to the Board DATE: July 7, 2015 V*l GOUNTY FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2015-1143 WCR 49 Project RECEIVED Warranty Deed with Amy L. and Danny Joe Thrutchley. JUL 0 8 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-I.doc -1 -►3-1s 0e-'791 (11 aoi >>y3 7-/3-/� EG Oo-7 91-7-1 WARRANTY DEED THIS DEED made this /,_:/ day of JULY , 20/57 between Amy L. Thrutchley and Danny Joe Thrutchley 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: 21737 County Road 49, La Salle, 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. 4124466 Pages: 1 of 5 07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO IN WITNESS THEREOF the grantor has executed this deed on the date set forth abo . A . T Ot DANNY DOE THRUTCHLEY State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this 7 I day of 2015, by Amy L. Thrutchley and Danny Joe Thrutchley. TIFFANE V.JOHNSON Witness my hand and official seal. NOTARY PUBUC STATE OF COLORADO NOTARY ID 20154009170 MY COMMISSION EXPIRES MARCH 4,2019 r Notatyi"Public My commission expires: 4124466 Pages: 2 of 5 07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes; 'Clerk and Rlecolder', Weld CcpuntY, ■IIIRicep,��r��I �ti ��CO0hY��4� �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). I kill Dated this J. day of JULY , 2015. ATTEST: dduwv G Z&o;tok COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF os..,,,, STATE OF COLORADO THE COUNTY OF WELD ,' \ i /�`,1 c, .,-)1 - au BY: i L 1111 ii. t `4 t Y De.uty Clerk to the Boar's 4 ' *1 Barbara Kirkm er, Chair BOARD OF COUNTY `" COMMISSIONER JUL 1 3 2015 OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ` .., day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY CON SSI ERS OF THE COUNTY OF WELD. #1,( ),Witness my hand and official seal. Notary Pub c My commission expires: CHERYL LYNN NEIMTT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DECEMBER 19,2018 3of 5 c.2 o/6-- MI, 4124466Pages: 07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weldaiiirila ��ii li1 i ��Ili �: ilk i I ii 1 EXHIBIT-A PHS-1/MILE-4 RIGHT-OF--WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2521409 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'17'23" EAST A DISTANCE OF 2641.50 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'17'23" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 1355.00 FEET, THENCE DEPARTING SAID LINE SOUTH 89'42'37" WEST TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 THE NORTHEAST CORNER OF SAID RECORDED DEED A DISTANCE OF 40.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'17'23" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 209.00 FEET; THENCE SOUTH 89'42'37" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 0017'23" WEST TO A POINT ON THE NORTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 209.00 FEET THENCE NORTH 89'42'37" EAST ALONG SAID NORTHERLY LINE TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,270.00 sft. OR 0.14 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. 4124466 Pages: 4 of 5 07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO Ell kir1Razrlr'1��:4 � ii Kr'lir RIGHT OF WAY WELD COUNTY DEPARTMENT X861 Y - OF PUBLIC WORKS ACQUISITION RW 14 I WCR 49 CORRIDOR PROJECT THRUTCHLEY �\ BETWEEN WCR 52 & WCR 54 WCR 49 13t- PROJECT NO: SRP-26 SCALE: WELD COUNTY.COLORADO --e- DATE:DATE: 4-24-15 BY: JHB SHEET: 1 oft EXHIBIT-A PHS-1/MILE-4 I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY P.O.C. NE COR. PLAT. IT IS INTENDED TO ILLUSTRATE THE S13-T4N-R65W ATTACHED PROPERTY DESCRIPTION ONLY. I 1 3 1/4" A.C. STAMPED JONES LS#22098 I I 2005 IN MON. BOX C) T o o in M I I W I N) 1. N I O o P.O.B. I cn I �f g--. N 89'42'37"E -_- 30.00' 89'42'37"V) I 40.00' I 1 I DANNY & AMY o of o N THRUTCHLEY o of ( ? PARC.#0105513000019 `4 a N Q ei m I RECP.#2521409 3 W w c cV N '• O N I N I 1 : .: r Icn r 00l 0o . m o o 0 . z I I RIGHT—OF—WAY ACQUIRED • 6,270.00 sf.± OR 0.14 ac.± I I I S89'42'37"W 30.00' R I I I I WCR 49 EXISTING • RIGHT—OF—WAY RECP.#819300 40' ow- . 40 6-7-1939 IN SE Y4 OF NE Y4 I I E 1/4 COR. 1 S13 N-. 3 1/4" A.C. STAMPED JONES LS#22098 (th"414 2005 IN MON. BOX I RIGHT OF WAYWELD COUNTY DEPARTMENT 1.... 11t86iti / ' OF PUBLIC WORKS ACQUISITIONRw 1� WCR 49 THRUTCHLEY CORRIDOR PROJECT �C�_ � PROJECT N0: SRP-26 SCALE: 1"=60 WCR 49 GO U N - WILD COUNCY,COLORADO Z DATE: 4-24-15 BY: JIIB SHEET: 2 of2 4124466 Pages: 5 of 5 07/14/2015 02:09 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO "III FAa NNI110114,1+4 11VP«nit�h'i IA 11111 Hello