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Home My WebLink About20153419.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 - HOWARD YOUNGER 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 Howard Younger, 2931 Tate Avenue, Fort Lupton, Colorado 80621, 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 Howard Younger, 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. 2015-3419 CC ?W(stn)11//A_ EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 — HOWARD YOUNGER 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 WE D COUNTY, CO ORADO ATTEST:c,.I' i a ��,� // arbara Kirkmey r Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem uty Clerk tb the B !!) otal ` iI Ef • " `ean P. Conway APPROVED AS TO FORM: t ��,�iy ice, jY- L/ a (1- 3 1861 ( �.' 4�,.- • . Cozad County Attorney ® � % p teve Moreno aft '11/j4 Date of signature: 2015-3419 EG0072 1861 MEMORANDUM 4D1 TO: Clerk to the Board DATE: October 21, 2015 J/ cdrut Y _( 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 Howard Younger. RECEIVED OCT 2 2 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3419 :` AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN Howard Younger AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 2 2 day of Ctit,9 , 2015, by and between Howard Younger, whose address is 2931 Tate Avenue, Fort Lupton, CO, 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 Eleven Thousand, Seven Hundred Seventy Five Dollars, ($11,775.00). 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 One Thousand, Five Hundred Eighteen Dollars, ($1,518.00). The parties acknowledge and agree 4153579 Pages: 1 of 9 o2-d15-3T/ 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO F.)4 PhtillisMili III III 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 28, 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. 4153579 Pages: 2 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO gill PAT AN M�:��I TI��, iI��1�� III III Page 2of5 I . 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 Nineteen Thousand, Two Hundred Eighty One Dollars ($19,281.00) to the Owner for the Public Road Right-of-Way, the Temporary Construction Easement and Damages to the irrigation system by County warrant(s) at the date of closing if agreement is signed and returned on or before September 28, 2015. If the agreement is not signed and returned on or before September 28, 2015, the County shall maintain its current offer of Fair Market Value of Fifteen Thousand, Two Hundred Ninety Three Dollars ($15,293.00) 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"0" 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. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-1 01 et seq., as 4153579 Pages: 3 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO I'll PIA'itNr �!�',L'rj'Li1,nkritNlai, Bill Page 3of5 • • 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. 4153579 Pages: 4 of 9 10/28/2015 10:50 AM R Fee:$0.00 1111 Carly Koppes Clerk J and Recorder L ` - Weld County, `COy�W ` Pi,'raRI�Y 1 i fin iii�lY'rlY'�i M�� r i�'�'�ff 11'ii�ri till Page 4 of 5 • IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: /1-7-' By: Caw cAr - 7C)c-k-v pr Title: ATTEST: dat ,..( ,lEo%ei BOARD OF COUNTY COMMISSIONERS Weld my Clerk to the Board WELD COUNTY, LORADO BY: Deputy Cl k to the Bo �- arbara KirkmeY r Chair CT 262015 APPROVED AS 0 . UND PROVED A : UBSTANCE: Le4e Controller �. l cfe•"1 fficial or Department Head APPROVED AS TO FORM: N k "PS Director of General Services County Attorney 4153579 Pages: 5 of 9 Page 5 of 5 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111100117P�, '�1�4i�:F�'��«'i��1�ti' ,��kk��tl�� 11111 EXHIBIT-A 1-YOUNGER-ROW PROPERTY DESCRIPTION A parcel of land being part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), 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 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by a #6 rebar with a 2' diameter aluminum cap stamped 'LS25937, 1997- at the South end and by a #6 rebor with a 2" diameter aluminum cap stamped 'LS25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22' West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No. 76; THENCE South 55'37'31" West along said Northerly Right—of—Way line of Interstate No. 76 a distance of 35.91 feet to the West Right—of—Way line of Weld County Road No. 49, said West Right—of—Way line of Weld County Road No. 49 being Thirty (30) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 25, said point being the POINT OF BEGINNING; The following Three (3) courses and distances continue along said Northerly Right—of—Way line of Interstate No. 76: THENCE continuing South 55'37'31 West a distance of 11.97 feet; THENCE South 11'42'38" West a distance of 61.55 feet; THENCE South 44'44'38" West a distance of 26.53 feet; THENCE North 00'58'48" West a distance of 332.16 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 624.42 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13064.00 feet a central angle of 02'44'19" and a long chord bearing North 02'20'57" West a distance of 624.36 feet; THENCE along the arc of a curve which is concave to the East a distance of 224.63 feet to the North line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of said Section 25, said curve having a radius of 13204.00 feet, a central angle of 00'58'29" and a long chord bearing North 03'13'52" West a distance of 224.63 feet; THENCE North 88'59'39" East along the North line of the Southeast Quarter (SE1/4 SE1/4) of said Section 25 a distance of 65.12 feet to said West Right—of—Way line of Weld County Road No. 49; THENCE South 01'02'22" East along said West Right—of—Way line of Weld County Road No. 49 a distance of 1095.67 feet to the POINT OF BEGINNING. Said parcel of land contains 55,438 sq. ft. or 1.273 acres, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Thirty (30) feet of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of said Section 25 lying Northerly of said Northerly Right—of—Way line of Interstate No. 76. Said existing Right—of—way contains 32,574 sq. ft. or 0.748 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. 4' PnO P , i' 'Co ., _ ..)„. ,„:. , _:,,,, ,,,,„ ,,,,-__,i, , . , „7 , ,,ti";.-:,--: °,„). :/,- ,...) •u 1.,, Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A., WELD COUNTY DEPARTMENT ACQUISITION A�� OF PUBLIC WORKS RW-1 VII► WCR 49 CORRIDOR PROJECT BETWEEN 1-76& WCR 18 HOWARD YOUNGER _ Kim; St'•RV'i'.IYIRS PROJECT NO SRP-26 SCALE: ivi W('1 I9 :A t1'FI I)('(A'N ('UI..ORrA17O „i,:,, ,-" ''''' ;'i, "muI "rn',.'' -."' DATE 2-17-I5 DRAWN BY. ('1)I. SHEET: I nt2 4153579 Pages: 6 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO ■III El FBI II ill: iliiiDC Atli)II F'rlit ri Illill IN I'l'l li1,i,10, Ill III EXHIBIT-A l l 40' EXISTING RIGHT OF WAY i BOOK 1057 PAGE 27 RECEPTION No. 836574 I ' I I I . . — . . — . . — L5 i 40' EXISTING RIGHT—OF—WAY - — BOOK 1053 PAGE 132 HOWARD YOUNGER RECEPTION No. 831473 PARC.#130725000012 I RECP.#2525762 i (13 If i ----$: ADDITIONAL RIGHT—OF—WAY ACQUIRED o 55,438sf.± OR 1.273ac.± i w I iV cV NOTICE N O According to Colorado law you must commence any legal action based t!I upon any defect in this survey within three years after you first 0 O I discover such defect. In no event may any action based upon any Z defect In this survey be commenced more than ten years from the 0_ date of the certification shown hereon. (13-80-105 C.R.S. 2012) w CO NOTE: This exhibit drawing is not intended to be a monumentalized U I land survey. It's sole purpose is as a graphic representation to aid in O I the visualization of the written property description which It accompanies. The written property description supersedes the exhibit drawing. Q CO "1 CURVE TABLE I ao CURVE LENGTH RADIUS DELTA CHORD CH BEARING ro ro ' "i 30' EXISTING RIGHT—OF—WAY C1 624.42' 13064.00' 2'44'19" 624.36' NO2'20'57"W I BOOK 83 PAGE 298 C2 224.63' 13204.00' 0'58'29" 224.63' NO3'13'52"W N "CD (N PI r-) ZI LINE TABLE BOOK 1536, PAGE 534 M LINE BEARING LENGTH RECEPTION No. 1309347 -co' -L1 -co %A L1 S55'37'31"W 35.91' to •1 o o r.-) L2 S55'37'31"W 11.97' POINT OF COMMENCEMENT Z -' POINT OF BEGINNING SE COR S25-T2N-R65W . L2 L3 S11'42'38"W 61.55' FND #6 RB W/2" AC �' ID rD L4 544'44'38"W 26.53' STAMPED LS 25937 1997 vi IN MON. BOX csi L5 N88'59'39"E 65.12' / RIGHT OF WAY .A., WELD COUNTY DEPARTMENT ACQUISITION �1 � OF PUBLIC WORKS OD Ii .:11. WCR 49 CORRIDOR PROJECT BETWEEN 1-76&WCR 18 HOWARD YOUNGER KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"-200' WCR 49 50 1:.cardr,i Ddsr ! W,,,d,„.,c„i„rna„anssu WELD COUNTY.COLORADO -..., -"'I'"1°@I';'"0"“:")."'-'""' DATE: 2-17-15 DRAWN BY: CDI. SHEET: 2 of 2 4153579 Pages: 7 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII El P.:11175 M i YEIiii);k'M1liViri?iii Mgt.itli I'liiiiiii"i 11111 EXHIBIT-B I 40' EXISTING RIGHT OF WAY 1 BOOK 1057 PAGE 27 RECEPTION No. 836574 I 1 i _S:. . _ . . ___ . . _ L 1`40' EXISTING RIGHT—OF—WAY BOOK 1053 PAGE 132 HOWARD YOUNGER ° v RECEPTION No. 831473 PARC.#130725000012 i RECP.#2525762 3 I 1 I TEMPORARY EASEMENT ACQUIRED o 23,819sf.± OR 0.547ac.± I I NOTICE = I I 01 According to Colorado law you must commence any legal action based . upon any defect in this survey within three years after you first J I discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the Z (n I date of the certification shown hereon. (13-80-105 C.R.S. 2012) O I Z I F NOTE: This exhibit drawing is not intended to be a monumentalized a I EE land survey. It's sole purpose is as a graphic representation to aid In 0 I W the visualization of the written property description which it Q • m accompanies. The written property description supersedes the exhibit I drawing. U I LO-I IYil CURVE TABLE 0 I . < m --, CURVE LENGTH RADIUS DELTA CHORD CH BEARING I I • Cl 623.46' 13044.00' 2'44'19" 623.40' NO2'20'57"W I . cxi rn . to C2 225.58' 13224.00' 0'58'39" 225.58' NO3'13'47"W N ii 30' EXISTING RIGHT-OF-WAY I BOOK 83 PAGE 298 C3 224.63' 13204.00' 0'58'29" 224.63' S03'13'52"E I N 1° 113I C4 624.42' 13064.00' 2'44'19" 624.36' S02'20'57"E `° — •N t N PI r7 M —1 z LINE TABLE BOOK 1536, PAGE 534 3 w I RECEPTION No. 1309347 Co 'co I LINE BEARING LENGTH �° Po 0 \'''16 L1 S55'37'31"W 47.88' 0 o Z In L2 S11'42'38"W 61.55' POINT OF COMMENCEMENT -N' o SE COR S25-T2N-R65W r7 L3 S44'44'38"W 26.53' N FND {/6RBW/2" AC c� L4 S44'44'38"W 27.93' STAMPED LS 25937 1997 L3 IN MON. BOX L4 POINT OF BEGINNING L5 N88'59'39"E 20.01' i / WELD COUNTY DEPARTMENT TEMPORARY EASEMENT .A.. ACQUISITION �� r OF PUBLIC WORKS ® \� ..4• WCR 40 CORRIDOR PROJECT BETWEEN 1-76& WCR I a HOWARD YOUNGER \VCR-19 Kim; SI'RV"FYC)RS PROJECT NO: SRP-26 SCALE: I"=200' WI?I,I)COUN 11'.COLORADO "i„ „' �' ��'. "" DATE: 2-17-15 DRAWN BY: COI, SHEET: 2 0l'2 4153579 Pages: 8 of 9 - 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder: Weld County. CO will Nil Feil klilt,hiiiii'lh'iYifll'IR.I5LlIil'lliii 111111 EXHIBIT-B TE1-YOUNGER-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), 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 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stomped 1.S25937, 1997" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped "LS25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22" West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No. 76; The following Three (3) courses and distances continue along said Northerly Right—of—Way line of Interstate No. 76: THENCE South 55'37'31" West a distance of 47.88 feet; THENCE South 11'42'38" West a distance of 61.55 feet; THENCE South 44'44'38" West a distance of 26.53 feet to the POINT OF BEGINNING; THENCE continuing South 44'44'38" West along said Northerly Right—of—Way line of Interstate No. 76 a distance of 27.93 feet; THENCE North 00'58'48" West a distance of 351.66 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 623.46 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13044.00 feet a central angle of 02'44'19" and o long chord bearing North 02'20'57" West a distance of 623.40 feet; THENCE along the arc of a curve which is concave to the East a distance of 225.58 feet to the North line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of said Section 25, said curve having a radius of 13224.00 feet, a central angle of 00'58'39" and a long chord bearing North 0313'47" West a distance of 225.58 feet; THENCE North 88'59'39" East along the North line of the Southeast Quarter (SE1/4 SE1/4) of said Section 25 a distance of 20.01 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 224.63 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13204.00 feet, a central angle of 00'58'29" and a long chord bearing South 03'13'52" East a distance of 224.63 feet; THENCE along the arc of a curve which is concave to the West a distance of 624.42 feet to a Point of Tangency (PT), said curve having a radius of 13064.00 feet a central angle of 02'44'19" and a long chord bearing South 02'20'57" East a distance of 624.36 feet; THENCE South 00'58'48" East a distance of 332.16 feet to the POINT OF BEGINNING. Said strip of land contains 23,819 sq. ft. or 0.547 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. OO•UC' • �A 38106 ygoi o • " I Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ‘11 /A✓ OF PUBLIC WORKS ACQUISITION ® �' � WCR 49 CORRIDOR PROJECT BETWEEN I-76& WCR 18 HOWARD YOUNGER KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 650 E.Garden Drive O ndaor,Colorado 80550 WELD COUNTY.COLORADO phone:(mn)6885011 email:mtoGtliiine$urvelorssom DATE: 2-17-15 DRAWN BY: CDL SHEET: 1 of 2 4153579 Pages: 9 of 9 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO 111111 PAT I WI:01w+CAIA "Ill MEMORANDUM TO: Clerk to the Board DATE: 1/26/2016 _GO_UNTY FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Agreement under Doc#2015-3419 Warranty Deed with Howard Younger- WCR 49 Corridor Project. RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS M:Wrancie\AGENDA memos\Agenda-Leon-3.doc LanCIAAA*Aert J n�i- `PGJ LS/1- J _ 02015 34j 19 E6 WARRANTY DEED THIS DEED made this —/ 5f day of �J /40 I between Howard Younger, whose address is 2931 Tate Avenue, Fort Lup , Colorado 80621, 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: Vacant land. 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 thesepresents, 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, 4178689 Pages: 1 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III M��1�GI:�i�y�Lr�'I �,'i�k�;Z I��hP+I*H��I A i' ■I II I o20 457--31/19 against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. • Howard Y nger wner STATE OF COLORADO ) ACKNOWLEDGEMENT COUNTY OF G'""� ,�. ) The foregoing instrument was acknowledged before me this Zak' day of ` Fl aidA 24, 20/6 , by Howard Younger. JAMES R. PUBLIC R Witness my hand and official seal. ti NOTARY PUBLIC STATE OF COLORADO ti ti NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 Lary Public My commission expires: /b/i-! ' 4178689 Pages: 2 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co IA J411111 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 s7' Dated this day of , 2016. ATTEST: dida4441 "' BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE �..�, STATE OF COLORADO s La BY: MILL} .• *1 BY: 1/41 D uty Clerk t the :o• �t �, Mike Freeman, Chair FEB 0 1 a1E STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me this /sr day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIO RS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Publ. My commission expires: /„2/j9/0.2,0d: CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4178689 Pages: 3 of 5 02/0Carly 01:26 PM n R Fee:$0.00, Weld D Fee.$0.00 $0.00 /�v�,yi/�y Carly Koppes, Clerk and Recorder, Weld County, CO ��ff''! ■III FAII7114,11I41Klib �JI'1,«g I� K& YL i VII • EXHIBIT-A 1—YOUNGER—ROW PROPERTY DESCRIPTION A parcel of land being part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), 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 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped `tS25937, 1997" at the South end and by a #6 rebar with a 2" diameter aluminum cop stamped `tS25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22" West along the East line of the Southeast Quarter (5E1/4) of said Section 25 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No. 76; THENCE South 55'37'31" West along said Northerly Right—of—Way line of Interstate No. 76 a distance of 35.91 feet to the West Right—of—Way line of Weld County Road No. 49, said West Right—of—Way line of Weld County Road No. 49 being Thirty (30) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 25, said point being the POINT OF BEGINNING; The following Three (3) courses and distances continue along said Northerly Right—of—Way line of Interstate No. 76: THENCE continuing South 55'37'31" West a distance of 11.97 feet; THENCE South 11'42'38" West a distance of 61.55 feet; THENCE South 44'44'38" West a distance of 26.53 feet; THENCE North 00'58'48" West a distance of 332.16 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 624.42 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13064.00 feet a central angle of 02'44'19" and a long chord bearing North 02'20'57" West a distance of 624.36 feet; THENCE along the arc of a curve which is concave to the East a distance of 224.63 feet to the North line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of said Section 25, said curve having a radius of 13204.00 feet, a central angle of 00'58'29" and a long chord bearing North 03'13'52" West a distance of 224.63 feet; THENCE North 88'59'39" East along the North line of the Southeast Quarter (SE1/4 SE1/4) of said Section 25 a distance of 65.12 feet to said West Right—of—Way line of Weld County Road No. 49; THENCE South 01'02'22" East along said West Right—of—Way line of Weld County Road No. 49 a distance of 1095.67 feet to the POINT OF BEGINNING. Said parcel of land contains 55,438 sq. ft. or 1.273 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. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Thirty (30) feet of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of said Section 25 lying Northerly of said Northerly Right—of—Way line of Interstate No. 76. Said existing Right—of—way contains 32,574 sq. ft. or 0.748 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. NOO4• �) •U:z �• CL 38 1Cb ym a •" r 6. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT OF WAY AC UISITION f. /,✓ OF PUBLIC WORKS Q (F177") '�� ►� (F177") . WCR 49 CORRIDOR PROJECT BETWEEN 1-76& WCR 18 HOWARD YOUNGER WCR 49KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 6.;())..Garden Dnre AC'indcor,fniorado U/Ci n nllr rx,TV nflr nn n!l!l cn,a,k,nfr,IvngSunvcyor.com DATE: 2-17-15 DRAWN BY: CDL SHEET: I of2 4178689 Pages: 4 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �w�i�, N��i iw��h 11111 f EXHIBIT-A I I 40' EXISTING RIGHT OF WAY I BOOK 1057 PAGE 27 RECEPTION No. 836574 I il L5 40' EXISTING RIGHT—OF—WAY I— BOOK 1053 PAGE 132 HOWARD YOUNGER RECEPTION No. 831473 PARC.#130725000012 RECP.#2525762 r u; ADDITIONAL RIGHT—OF—WAY ACQUIRED o t� 55,438sf.± OR 1.273ac.± R w I $ N cV NoncE iv ; o According to Colorado law you must commence any legal action based N I upon any defect in this survey within three years after you first O Z I discover such defect. In no 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 C.R.S. 2012) w a] NOTE: This exhibit drawing is not intended to be o monumentatized U Li_I land survey. It's sole purpose is as a graphic representation to aid in 4 O1 the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. ,,,..',.-- ::I m CURVE TABLE ' ' ao CURVE LENGTH RADIUS DELTA CHORD CH BEARING o I 30' EXISTING RIGHT-OF-WAY C1 624.42' 13064.00' 2'44'19" 624.36' NO2'20'57"W 1I BOOK 83 PAGE 298 C2 224.63' 13204.00' 0'58'29" 224.63' NO3'13'52"W 1O iv I 01 re, Z I LINE TABLE BOOK 1536, PAGE 534 r7 RECEPTION No. 13O9347 L1 LINE BEARING LENGTH � . , V '3T 1 6 L1 S5531'W 35.91' � • � O L2 S55'37'31"W 11.97' POINT OF COMMENCEMENT Z POINT OF BEGINNING SE COR S25-T2N-R65W tx L2 L3 S11'42'38"W 61.55' �. o FND #6 RB W/2" AC r) L4 S44'44'38"W 26.53' STAMPED LS 25937 1997 ri IN MON. BOX cv L5 N88'59'39"E 65.12' i RIGHT OF WAY .A. WELD COUNTY DEPARTMENT ACQUISITION 4 Ar OF PUBLIC WORKS '� ► WCR 49 CORRIDOR PROJECT BETWEEN 1-76&WCR 18 HOWARD YOUNGER WCR 49 KING SURVEYORS PROJECT NO: SRI'-26 SCALE: 1"=200' WPI n rim RNITY CCU CiR ADO 650F Garden Drive I Windsor,Colorado N0SSU -mail:info iiij gSonvcyors.coin DATE: 2-17-15 DRAWN BY: CDL SHEET: 2 oft 4178689 Pages: 5 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III KIIINIVIMIONIII hill:kiiiillIII it I:iL'WI!i'ilfy IN BIM I Hello