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Home My WebLink About20153287.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 PRO-TEM TO SIGN NECESSARY DOCUMENTS - HEIDI AND SCOTT ELMORE 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 Heidi and Scott Elmore, 12023 County Road 36, Platteville, Colorado 80651, 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 Heidi and Scott Elmore, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tern be, and hereby is, authorized to sign any necessary documents. 2015-3287 CG "}Pt,j(_Fe-b-S/73) lqato EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HEIDI AND SCOTT ELMORE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST;C� �� EXCUSED CjetA4/1/ �C11o•vk Barbara Kirkmeyer, Chair We • ounty Clerk to the Board / Mike Freeman, Pro-Tern BY: D-• I ty Clerk tot e Board Sean P. Co way •. IJ APPROVED AS TO �� ' Gal/ CiCV)-) IR ..�,, Julie A. ozad y.6` Steve Moreno Date of signature: 16 2015-3287 EG0072 1861 MEMORANDUM TO: Clerk to the Board DATE: October 8, 2015 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Hiedi J. and Scott P. Elmore. RECEIVED OCT 092015 WELD COUNTY COMMISSIONERS M,\Fran=\AGENDA memos\Agenda-Leon-1.doc 2015-3287 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN HEIDI J. ELMORE and SCOTT P. ELMORE and WELD COUNTY, COLORADO THIS AGREEMENT is made this IDiv, day of , \N\ QN, 2015, by and between Heidi J. Elmore and Scott P. Elmore, whose address is 1202 County Road 36, Platteville, CO 80651, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of- Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand, Nine Hundred Fifteen and 00/100 Dollars, ($3,915.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Twenty Six and 50/100 Dollars, ($526.50). The 4150823 Pages: 1 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO ■III Kira r;44 Fri:10:104I FaVI Y� parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before September 15, 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 the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 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. 4150823 Pages: 2 of 9 10/16/2015 02:07 PM R Fee:$0.00 Page 2of5 Carly Koppes. Clerk and Recorder Weld County, CO 11'1 VI Pi:49,1 f'fit M'usLYi��h �I II COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Five Thousand, Seven Hundred Seventy Four and 00/100 Dollars ($5,774.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before September 15, 2015. If the agreement is not signed and returned on or before September 15, 2015, the County shall maintain its current offer of Fair Market Value of Four Thousand, Four Hundred Forty Two and 00/100 Dollars ($4,442.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit"B"to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. 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 §24-10-101 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 4150823 Pages: 3 of 9 10/16/2015 02:07 PM R Fee:$0.00 Page3of5 Carly Koppes, Clerk and Recorder. Weld County, CO VIII MiraLID �r,��4;1�4�t'��'�ti�lY,�31 ��V1ah��:�t��r�, Ill III 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. 4150823 Pages: 4 of 9 10/16/2015 02.07 PM R Fee:$0.00 $0.00 Page 4 of 5 Carly Koppel. Clerk and Recorder. Weld County. CO ■III I�!�.rR��R�� If1�:I��:L�'ii�«+ ��ftik 9 r 'I , III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Heidi . Elmore and Scott P. Elmore A Anil By: Title: By: Title: A. &r ATTEST: dj„ar, •-V2Ldo'(ik, BOARD OF COUNTY COMMISSIONERS Weld C c,my Clerk to the :oard WELD COUNTY, COLORADO BY: / .�� .�•7 j �` - LQ.Q._ Deputy CSC rk to the Mike Freeman, Pro-Tem OCT 1 4 2015 Iv1V� 1861 ,,40 N APPROVED AS 0 F N 1 f , /PPROVED AS SUBSTANCE: 0a4. 0a4.6 Controller Elect ficial or Department Head APPROVED AS TO FORM: N IA Director of Geheral Services PS County Attorney Page 5 of 5 4150823 Pages: 5 of 9 O2 "•3g 87 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County: CO ■I!I 1011R".: *VW N likAl Yl 1O,'14 ��NI 45—ELMORE—ROW PARCEL DESCRIPTION A parcel of land, being part of Lot 16, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SEI/4) of Section iweive (12), township Three North (f.3N.), Runge Sixty—Five West (R.65W.) of the Sixth Princinol meridian (F,th P.M.), County pf We1d_ State of C.OLorrd,^. or,r �ir,:� ots r, rt utariy described as follows: COMMENCING of the Southeast corner of said Suction 12 and assuming the East line ut said SE1/4 as bearing North 00'21'02 West being a Grid Rearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02 West along said East line a distance of 474.25 feet to the Easterly projection of the South line of said Lot 16; THENCE South 89'33'47 West along said Easterly projection a distance 50.00 feet to the Southeast corner of said Lot 16 and to the POINT OF BEGINNING; THENCE South 89'33'47 West along the South line of said Lot 16 a distance of 52.84 feet to the beginning point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 273.44 feet, said curve has a Radius of 15,770.00 feet, a Delta of 00'59'36 and is subtended by a Chord that bears North 01'52'18 East a distance of 273.44 feet to a Point of Tangency, THENCE North 02'22'07 East a distance of 97.81 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 53.70 feet, said curve has a Radius of 15,630.00 feet, a Delta of 00'11'49 and is subtended by a Chord that bears North 02'16'12 East a distance of 53.70 feet to the North line of said Lot 16; THENCE North 89'33'47' East along a line non—tangent to the aforesaid curve and along said North line a distance of 35.14 feet to the Northeast Corner of said Lot 16; THENCE South 00'21'02 East along the East line of said Lot 16 a distance of 424.55 feet to the Southeast Corner of said Lot 16 and to the POINT OF BEGINNING; Said described parcel of land contains 18,946 Square Feet or 0.435 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. • Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS wv-42 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34& 36 ELMORE KIN,; tit in 1.1 t)16 PROJECT NO SRP-26 SCALE N:A V,CR4) W FI I)(Otr°I Y. ( ( OR.AD() DALE: -13-I DRAVVry 0 Call SHEET 1 011 4150823 02:07g 6 PM R of' 9 10/16/2015 Fee.$0.00 $0.00 Carly Koppel, Clerk and Recorder. Weld County, CO 11111 EXHIBIT-A E 1/4 CORNER i 1 1 Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH NOTICE 3.25" ALUMINUM CAP STAMPED LS 34995, 2008 According to Colorado low you must commence any legal action based upon IN MONUMENT BOX any defect In this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more DEBRA & MICHAEL i i than ten years from the date of the 1 DAWSON I certification shown hereon. (13-80-105 LOT 15 MILTON LAKE I C.R.S. 2012) ESTATES • I L5 i 1 NOTE: This exhibit drawing Is not intended I I to be a monumentalized land survey. It's N sole purpose Is as a graphic representation U to aid In the visualization of the written , L 10' DRAINAGE & e property description which It accompanies. UALI7Y EASEMENT I The written property description supersedes (REC. Na 1550903) I the exhibit drawing. SE 1/4 ON I 512-T3N-R65W 1 ADDITIONAL RIGHT—OF--WAY I ALVIN 18,946s.f.± OR 0.435ac.± 1:7:23 n I DECHANT Jr. 'r' & DAVID ALAN 50' EXISTING RIGHT-OF-WAY 1 I DECHANT MILTON LAKE ESTATES FIRST FILING - is N (REC. NO. 1550903) w °' c� I N : Z SW 1/4 O N Q S7-T3N-R64W HEIDI J. & SCOTT N LA I P. ELMORE o N L., I PARC.#121312401004 . o I LINE TABLE RECP.#3891158 0 < 1 LOT 16 MILTON LAKE z m 1 LINE BEARING LENGTH ESTATES I L1 N00'21'02"W 474.25' 10' DRAINAGE & I L2 S89'33'47"W 50.00' U1LLITr EASEMENT I (REC. Na 1550903) I L3 S89'33'47"W 52.84' L4 NO2'22'07"E 97.81' I L3 L2 I CHRISTINA C.JOHNSON L5 N89'33'47"E 35.14' LOT 17 MILTON LAKE ESTATES SE CORNER CURVE TABLE Sec. 12, T.3N., R.65W. CURVE LENGTH RADIUS DELTA CHORD CH BEARING FOUND #6 REBAR WITH 3.25" ALUMINUM CAP C1 273.44' 15770.00' 0'59'36" 273.44' NO1'52'18'E STAMPED LS 10855, 1998 C2 53.70' 15630.00' 0'11'49' 53.70' NO216'12'E IN MONUMENT BOX POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION wall OF PUBLIC WORKS (W-4 It►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 ELMORE WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' I lA indser,Colorado 80550 4150823 Pages: 7 of 9 ""nil'`"f""K"'g'° """ DATE: 5-13-15 DRAWN BY: CIA, SHEET: 2 of 2 10/16/2015 02:07 P11 R Fee:$0.00 Carly Kopples Cl,k land Recorder, Weld County. CO I ■I11FildRI'�Viitif I' jryli.iiiiN 'IIIKillX0,1I1it), Ill III EXFTIBIrF B 45-ELMORE-TCE PARCEL DESCRIPTION A 20.00 foot wide strip of land, being a part of Lot 16, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE)/4) of Section Twelve (12). Township Three North fT;iN ), 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 fuliuw5. COMMENCING at the Southeast corner of said Section 1, and assuming the East line of said SE1/4 as bearing North 00'21'02 West being a Grid Rearing of the Colorado State Plane Coordinate System, North Zone, North American Duturn 1933%2007, n ur 26+1.93 feet and with all other bearings contained Herein relative thereto; THENCE North 00'21'02 West along said East line a distance of 474.25 feet the Easterly projection of the South line of said Lot 16: THENCE South 89'33'47 West along said Easterly projection and the South line of said Lot 16 a distance of 102.84 feet and to the POINT OF BEGINNING; THENCE South 89'33'47 West continuing along said South line a distance of 20.01 feet to the beginning point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 274.42 feet, said curve has a Radius of 15,790.00 feet, a Delta of 00'59'45 and is subtended by a Chord that bears North 01'52'14 East a distance of 274.42 feet to a Point of Tangency (PT); THENCE North 02'22'07 East a distance of 97.81 feet to a Point of Curvature (PC); THENCE along the arc of a curve concave to the Northwest a distance of 52.72 feet, said curve has a Radius of 15,610.00 feet, a Delta of 00'11'37 and is subtended by a Chord that bears North 02'16'18 East a distance of 52.72 feet to the North line of said Lot 16; THENCE North 89'33'47 East along said North line and along a line non—tangent to the aforesaid curve a distance of 20.02 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 53.70 feet, said curve has a Radius of 15,630.00 feet, o Delta of 00'11'49 and is subtended by a Chord that bears South 02'16'12 West a distance of 53.70 feet to a PT; THENCE South 02'22'07 West a distance of 97.81 feet to a PC; THENCE along the arc of a curve concave to the Southeast a distance of 273.44 feet, said curve hos a Radius of 15,770.00 feet, a Delta of 00'59'36 and is subtended by a Chord that bears South 01'52'18 West a distance of 273.44 feet to the South line of soid Lot 16 and to the POINT OF BEGINNING; Said described parcel of land contains 8,499 Square Feet or 0.195 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. 1 i Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS LE-45) ► WCR ply CORI-M k PRUJECI BETWEEN WCR(s)34 & 36 EL.M0RE 11r It 19 KI\(, Si RV"l I()1Z-, PROJECT NO SRP-26 SCALE N/A ' "'"`" DATE: 5-13-15 DRAWN H CDl SHEET I nI 2 4150823 Pages: 8 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County, CO VIII��1P' I t��iP��ti�t��:4�'�N��.r ' '��rl��,a valyi, ,III I • EXHIBIT-B E 1/4 CORNER Ait I Sec. 12, T.3N., R.65W. II ' FOUND #6 REBAR WITH NOTICE I 3.25" ALUMINUM CAP According to Colorado low .0 must ya STAMPED LS 34995, 2008 commene any legal action based upon 1 IN MONUMENT BOX ! any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more DEBRA & MICHAEL 1 1 than ten years from the dote of the 1 I i certification shown hereon. (13-80-105 DAWSON C.R.S. 2012) LOT 15 MILTON LAKE ESTATES I + L5 i IN0TE: This exhibit drawing is not intended to be a monumentalized land survey. It's N .,1 I ( sole purpose Is as a graphic representation O O to aid in the visualization of the written L10' DRAINAGE & — — I I property description which It accompanies. U77LITY EASEMENT1 1 The written property description supersedes the exhibit drawing. (REC. NO. 1550903) I I 1 SE 1- (0 I . Z I S12-T3N-R65W J J 1 1 20' TEMPORARY EASEMENT I I ALVIN 8,499s.f.± OR 0.195ac.± �„ = I I DECHANT Jr. & DAVID ALAN 50' EXISTING RIGHT-OF--WAY I • 1 DECHANT MILTON LAKE ESTATES FIRST FILING I co 1 (REC. NO. 1550903) 1 °' LINE TABLE Z SW 1/4 • co a I 57-T3N-R64W LENGTH HEIDI J. & SCOTT 1 w 1 LINE BEARING 1 co P. ELMORE I iv i- 1 L1 N00'21'02"W 474.25' PARC.#121312401004 I I L2 S89•33'47"W 102.84' RECP.#3891158 _ I •o a I LOT 16 MILTON LAKE U 8 1 12m m I L3 S89'33'47"W 20.01' ESTATES I I• L4 NO2'22'07"E 97.81' 10' DRAINAGE & I • I L5 N89'33'47"E 20.02' i I 1 UTILITY EASEMENI 1 ' L6 S02'22'07"W 97.81' (REC. NO. 1550903) POINT OF BEGINNING � ) I L3 I L2 . I _Jr 1 CHRISTINA C. JOHNSON I I LOT 17 MILTON LAKE ESTATES CURVE TABLE SE CORNER Sec. 12, T.3N., R.65W. CURVE LENGTH RADIUS DELTA CHORD CH BEARING FOUND #6 REBAR WITH C1 274.42' 15790.00' 0'59'45" 274.42' N01'52'14"E 3.25" ALUMINUM CAP C2 52.72' 15610.00' 0'11'37" 52.72' N0216'18"E STAMPED LS 10855, 1998 • IN MONUMENT BOX C3 53.70' 15630.00' 0'11'49" 53.70' S02'16'12"W POINT OF COMMENCEMENT C4 273.44' 15770.00' 0'59'36" 273.44' SO1'52'18"W A.. WELD COUNTY DEPARTMENT TEMPORARY EASEMENT . ACQTITSTTTON 4$Iii OF PUBLIC WORKS 0. -4s \�►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 ELMORE WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' 6iu f'-Garden Um-e I \V,,,dwr,Colondn 8Oiiu 4150823 Pages: 9 of 9 ' 1 ""''''`°`-'O"ry""'r``°'" DATE: 5-13-15 DRAWN BY: CDT, SHEET: 2 oft 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO II III Nil Ili/r IsK lif1'iiiNgl iti1iIHIEW,!OM lli'itri HU, II III I 1861 MEMORANDUM TO: Clerk to the Board DATE: 1/26/2016 S_GO_LNTY.g FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Agreement under Doc #2015-3287 Warranty Deed with Scott P. and Heidi J. Elmore - WCR 49 Corridor Project. RECEIVED JAN 272016 WELD COUNTY COMMISSIONERS M.\Francie\AGENDA memos\Agenda-Leon-3.doc C fi-r-+ Cc:`ial (LS/1- F& -/A.- 010 E6 0O7 a WARRANTY DEED THIS DEED made this I 5.. day of j , 20 110, between Scott P. Elmore and Heidi J. Elmore, whose address is 254 Bitte Drive, Johnstown, CO 80534, 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: 16111 County Road 49, LaSalle, Weld County, 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, 4178688 Pages: 1 of 5 Carly 01:26 PM n R rdr,Fee:$0.00 l D Fnty, CO00 �r5_ ,3�7 Carly Koppes, Clerk and Recorder, Weld County, C 1111 INFACt II i'lliiiiilia Ft'ii Llilailrhiiiiii:Iiii), Bill 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. Scott P. Elmore, Owner Heidi . lmore, wner State of • -A t ) )ss. County of ) The foregoing instrument was acknowledged before me this 20 day oft)del, 20/6 , by Scott P. Elmore and Heidi J. Elmore. sYA ti;: •r'• _',� Witness my hand and official seal. MY COMM NOT'�'. 'a . .;:;,1-• �• 1 1 ��._. .it..��..�t 209 P li Mary ub c My commission expires: /o/?-/p, 4178688 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 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of , 2016. ATTEST: digaileti Jeldo•6e. BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 16.O BY: f t! �� [e l.a ,.Y: D- • Clerk to he Bo. ��t l ,.�`�' ��' Mike Freeman, Chair FEB U 1 2016 au►'� 1, STATE OF COLORADO ) �►�'�� l ' '�,°�. r )ss �`r► ,:.: , : COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /5r day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSION RS OF THE COUNTY OF WELD. Witness my hand and official seal. No ary Publ. My commission expires: joy/y/o2P�� CHERYL LYNN HOFI:MAN Kai—ARV PUBLIC STAIN Or COLORADO NOTARY ID 201440.48044 MY COMMI.SIUN EXPIRES uEC. 19, 2018 4178688 Pages: 3 of 5 Carly oppe 0Cer PM R Feder, el D Fee:$0.00 elaft Carly Koppes, Clerk and Recorder, Weld County, CO ■iiil��r�, K,iiiaii ,i'dimuccmovvi ii III EXHIBIT-A 45-ELMORE-ROW PARCEL DESCRIPTION A parcel of land, being part of Lot 16, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twelve (12), Township Three North (T.3N.), Range Sixty—Five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld; State of Colorado and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 12 and assuming the East line of said SE1/4 as bearing North 00'21'02'" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE North 00'21'02- West along said East line a distance of 474.25 feet to the Easterly projection of the South line of said Lot 16; THENCE South 89'33'47" West along said Easterly projection a distance 50.00 feet to the Southeast corner of said Lot 16 and to the POINT OF BEGINNING; THENCE South 89'33'47" West along the South line of said Lot 16 a distance of 52.84 feet to the beginning point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southeast a distance of 273.44 feet, said curve has a Radius of 15,770.00 feet, a Delta of 00'59'36" and is subtended by a Chord that bears North 01'52'18" East a distance of 273.44 feet to a Point of Tangency, THENCE North 02'22'07" East a distance of 97.81 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 53.70 feet, said curve has a Radius of 15,630.00 feet, a Delta of 00'11'49" and is subtended by a Chord that bears North 02'16'12" East a distance of 53.70 feet to the North line of said Lot 16; THENCE North 89'33'47" East along a line non—tangent to the aforesaid curve and along said North line a distance of 35.14 feet to the Northeast Corner of said Lot 16; THENCE South 00'21'02' East along the East line of said Lot 16 a distance of 424.55 feet to the Southeast Corner of said Lot 16 and to the POINT OF BEGINNING; Said described parcel of land contains 18,946 Square Feet or 0.435 Acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. *Note: A boundary survey was notperformed on this lot. The subdivision has- been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. <7; r Steven Parks — On Behalf Of King Surveyor Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY ,A.. WELD COUNTY DEPARTMENT ACQUISITION 44 �� OF PUBLIC WORKS 421111) �� ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 ELMORE WCR 39 KING SURV'E5'ORS PROJECT NO: SRP-26 SCALE: N/A ��uiasor,Colorado Ru5ilr WELD COUNTY,COLORADO ax"'"'' ''''Drat. d., a ti 5 n 41, o" DATE: 5-13-15 DRAWN BY: CDL SHEET: I of 2 4178688 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 IIII P.M PulliriIfi'KID ~lrall hlln'lMilM4d BIM EXHIBIT-A E 1/4 CORNER. Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH NOTICE 3.25" ALUMINUM CAP According to Colorado law you must STAMPED LS 34995, 2008 commence ony legal action based upon ' IN MONUMENT BOX any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more DEBRA&MICHAEL I I than ten years from the dote of the DAWSON 1 certification shown hereon. (13-80-105 I C.R.S. 2012) LOT 15 MILTON LAKE !t ESTATES 1 L5 i I NOTE: This exhibit drawing is not Intended 1 to be a monumentolized land survey. It's I I sole purpose is as a graphic representation 0 to aid in the visualization of the written L I 10'DRAINAGE & property description which It accompanies. UTILITY EASEMENT I The written property description supersedes the exhibit drawing. (REC. NO. 1550903) i SE 1/4 ON I S12-T3N-R65W I ADDITIONAL RIGHT—OF—WAY -.,w, I ALVIN 18,946s.f.± OR 0.435ac.± in I DECHANT Jr. if1 &DAVID ALAN `h La,* 50' EXISTING RIGHT—OF—WAY cv 1 DECHANT MILTON LAKE ESTATES FIRST FILING in (REC. NO. 1550903) N rn 0 '1 co F I SW 1/4 O cv a S7-T3N-R64W HEIDI J. & SCOTT N w i P. ELMORE o NO- i PARC.#121312401004 6 N I LINE TABLE RECP.#3891158 0 < 1 LOT 16 MILTON LAKE Z m I LINE BEARING LENGTH ESTATES I L1 NO0'21'02"W 474.25' 10'DRAINAGE & I L2 589'33'47"W 50.00' UTILITY EASEMENT I (REC. Na 1550903 L3 S89'33'47"W 52.84' L4 NO2'22'07"E 97.81' L3 I L2 CHRISTINA C.JOHNSON I L5 N89'33'47"E 35.14' LOT 17 MILTON LAKE ESTATESjr . SE CORNER CURVE TABLE Sec. 12, T.3N., R.65W. CURVE LENGTH RADIUS DELTA CHORD CH BEARING FOUND #6 REBAR WITH 3.25" ALUMINUM CAP C1 273.44' 15770.00' 0'59'36" 273.44' N01'52'18"E • STAMPED LS 10855, 1998 C2 53.70' 15630.00' 091'49" 53.70' NOY16'12'E IN MONUMENT BOX POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 4 e.# OF PUBLIC WORKS 420 \NAL *IN . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 ELMORE KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WCR 49 650 E.Garde"lld'-r I Windsor,Colorado 805,0 uTT T n r`nr TAITV rnr nD A nn 'mad-"'1°@Kogsunveyors.cum DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4178688 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 liii��rjr w�i: ;li hkliiUv 1Xl1DLhFIil.I' , BIM Hello