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Home My WebLink About20153717.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RANDALL ALDRICH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Randall Aldrich, 8845 County Road 49, Hudson, Colorado 80642-9522, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Randall Aldrich 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. PW A , ,CGJ 19- 8 2015-3717 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - RANDALL ALDRICH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: didezti t0;4arbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: f i. ��. ./� ► a. .!_��•,,, 4 ,' s---� �_ - uty Clerk to the Bard �s.� EA, P. Conwaywa fitk APP AS 36 1 two �►`' J '"a' Cozad Lin • orney Date of signature: /0/z �•�r�"teve Moreno 2015-3717 EG0072 X861 _ MEMORANDUM TO: Clerk to the Board DATE: November 19, 2015 co� NTY 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, Permanent Easement, and Temporary Construction Easement with Randall L. Aldrich. RECEIVED NOV 2 0 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc c C L % Pt ( / -r 2015-3717 //-O2j i� AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN Randall L. Aldrich AND WELD COUNTY, COLORADO THIS AGREEMENT is made this m day of 2015, by and between Randall L. whose address is 8845 County Road 49, ud�O 80642-9522, hereinafter Aldrich, 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 ("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires 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 Six Thousand, Five Hundred Forty Six Dollars, ($6,546.00). 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 Permanent Easements described on Exhibit "B" (a copy of which is attached hereto and 12/03/4162730 Pages: 1 ee 11 ��1J` �•11 Koppe 0ler PM R Fee:$0.00 Carly Koppel; Clerk and Recorder, Weld County, CO made a part hereof by this reference), for the sum of Two Thousand, One Hundred Eighty Five Dollars, ($2,185.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Six Hundred Fifty Six Dollars, ($656.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before October 01, 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, Permanent Easement 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 "C" 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 4162730 Pages: 2 of 11 Page 2 of 5 12/03/2015 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO MiMI h 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. 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 Sixteen Thousand, Four Hundred Thirty Three Dollars ($16,433.00) 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 October 01, 2015. If the agreement is not signed and returned on or before October 01, 2015, the County shall maintain its current offer of Fair Market Value of-Si44 Thirteen Thousand, Six Hundred Seventeen Dollars ($13,617.00) 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 "ilie 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. 4162730 Pages: 3 of 11 Page 3 of 5 12/03/2015 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO ill IMMO d'ANI ValliN 1,1Oiii "III 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. 4162730 Pages: 4 of 11 12/03/2015 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII RPMiVINAMI 50G'r'' Bill Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: • By: Title: ATTEST: ,dj„Q; / �, BOARD OF COUNTY COMMISSIONERS Weld ounty Clerk to th Board WELD COUNTY, CO ORADO BY• A- LA-- tti eputy lerk to the and rbara Kirkmeyer, hair IV y 2 5 2015 APPROVED AS TO FUNDI ! APPROVED AS TO BSTA CE: Sadao Controller 1 O lc' or Departm Head APPROVED AS TO FO •,. a A /VA PS �►, Director of General Services County Attorney Page 5 of 5 4162730 Pages: 5 of 11 1Carly Koppes, 01:13 aMn R Frder, el O2OA.1"-37/? Carly Koppes, Clerk and Recorder; Weld County; CO ■lil Kira�L'�ZE'��i�p ri NI II IC fin 1 Ilk "Ill EXHIBIT-A 9-ALDRICH-ROW PROPERTY DESCRIPTION A strip of land, Sixty (60) feet in width, being part of Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208, recorded April 8, 2010 as Reception No. 3685798 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section Twenty—four (24), 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: The West Sixty (60) feet of the East One Hundred (100) feet of said Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208. Said strip of land contains 29,996 sq. ft. or 0.689 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. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208. Said existing Right—of—way contains 19,997 sq. ft. or 0.459 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. DO L/O`��11 •R',..... . 4, 11 .•, I 4162730 Pages: 6 of 11 1 38106 v: O j 12/03/2015 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 'll IA'75. 119(5',4';' 11'ss *••. .• Jul Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT e'0 OF PUBLIC WORKS ACQUISITION Rw 9 ��► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18 &20 ALDRICH WCR 49 K1NG SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 650 E.Carden Dm I Windsor,Colorado 80550 WELD COUNTY,COLORADO Phone:(970)680-509 I rasa,:oIo@FingSnrceyors.rom DATE: 2-25-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT-A CALCULATED POSITION OF I �NE COR S24-T2N-R65W NE COR S24-T2N-R65W FND #6 RB W/ 2.5" AC STAMPED LS 27269 1998 I WITNESS CORNER i E.JEAN I SWARTZ • I L2 JAMES A.& GERALDINE SLOAN 40' ACCESS AND UTILITY EASEMENT (REC. NO. 3685798) 60' ADDITIONAL RIGHT—OF—WAY ACQUIRED 29,996sf.± OR 0.689ac. 40' EXISTING RIGHT-OF-WAY (BOOK 1055 PAGE 192) RANDALL L. ALDRICH PARC.#130724100038 rn M 40' EXISTING RIGHT-OF-WAY RECP.#3741008 rn al O;) (BOOK 1055 PAGE 192) o NOTICE LOT A RE 1307-24-1-Ah1RE-4208 "d' d N According to Colorado law you must 3 of I commence any legal action based W N upon any defect In this survey within La three years after you first discover M .11- N such defect. In no event may any o M 3 action based upon any defect In this t n survey be commenced more than ten Z 1 NW 1/4 years from the date of the certification shown hereon. t/) 1,) S19-T2N-R64W (13-80-105 C.R.S. 2012) NE 1/4 o BARBARA RIES 1 NOTE: This exhibit drawing Is not Z Intended to be a monumentalized S24-T2N-R65W i &ADELE A. land survey. It's sole purpose is FISHLER as a graphic representation to old = in the visualization of the written IIII property description which it accompanies. The written property C3.1 description supersedes the exhibit Bill drawing. 8 — L1 0 E.JEAN . M E s SWARTZ °•-• LINE TABLE 'z .... 3 ~•, LINE BEARING LENGTH E 1/4 S24-T2N-R65W I4. .w -AI- FND #6 RB W/ 3.25" AC °L°2`6 L1 S89'58'51"W 60.01' STAMPED LS 23027 2000 I N v IN MON. BOX ircTv a 13-le L2 N89'58'51'E 60.01' A In L WELD COUNTY DEPARTMENT 0— a) RIGHT OF WAY ‘A�- .4-6.-144/�♦ OF PUBLIC WORKS G 11a_ ACQUISITION �,ii i-i WCR 49 CORRIDOR PROJECT mmaii; thNYti BETWEEN WCR(s) 18&20 I- ALDRICH _ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:I" 100' ;4 (I IM WELD COUNTY,COLORADO GO 8.( Dnce R ind:or,ColoK,, do 80550 Ph°"':(970)(,G86 8G 5511 1 en"'l"'1°(41", uney°""'" DATE: 2-25-15 DRAWN BY: CDL SHEET: 2 of 2 EXHIBIT-B S24-T2N-R65W • ACCESS & UTILITY EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF AMENDED RECORDED EXEMPTION NO. 1307-24-1-AMRE-4208, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3685798 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF THE EAST 140.00 FEET OF SAID LOT A. SAID PARCEL CONTAINS 19,998.88 sf.± OR 0.46 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 4162730 Pages: 8 of 11 12/03/2015 01:13 PM R Fee:$0.00 Carly Koppes, Clerk .■I and Recorder, Weld County Co V ,III KtIL�� O III �I�A111��1��1 I�,��11��1�I t' II II I ACCESS & UTILITY � 6 � WELD COUNTY DEPARTMENT OF PUBLIC WORKS EASEMENT 9 �� WCR 49 CORRIDOR PROJECT � BETWEEN WCR(s) 18&20 r. AI-DRICH ��c / PROJECT N0: SRP 26 SCALE: WELD COUNTY,COLORADO G O U N Y JI DATE: 9-22-15 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT-B S24-T2N-R65W CALCULATED I-3O'+ NE CORNER S24-T2N-R65W POSITION ® 2 Jai" A.C. STAMPED LS#27269 SWARTZ 1998 IN MON. BOX WITNESS COR. I I LOT B/RECX11-0027 I t I RECP.#3872922 K = - v -d i:_;8 O8 • N89'58'51"E 40.01' I E E I I I I I SSLOAN 1 IM 40' ACCESS & UTILITY EASEMENT I I NW 1/4 19,998.88 sf.± OR 0.46 ac.± I I S19-T2N-R64W 41 FOR THE BENEFIT OF LOTS 81 A & B OF RE-42O8 � ' Ef oa. 1- a' Iv TT NJ. I m3� 6d I N N I �� RANDALL ALDRICH IN o PARC.#130724100038 w �.3 °'cc RECP.#3741008 0 `0 t4s2A- LOT A/RE-4208 0 Po I�1p I bmY T / ro+ RECP.#3685798 Z E I Iz 0—''''a) 0 m -e-- RIES/FISHLER �No_U N ' c42,ac NE 1/4 I I ICON-= S24-T2N-R65W • c�CAII 1 1 I 1_._4__.:t.,___0' 40' EXISTING 80' RIGHT-OF-WAY E E I I BK.1055/PG.192 I • I I SWARTZ S89'58'51"W LOT B/RECX11-0027 40.01' RECP.#3872922 -iV_'✓-v Sr,'R-_-428) E 1/4 CORNER I I S24-T2N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3 Y4' A.C. STAMPED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO LS#23O27 2000 IN ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. I MON. BOX ACCESS WELD COUNTY DEPARTMENT & UTILITY 1861 OF PUBLIC WORKS EASEMENT ' _' --- - = WCR 49 CORRIDOR PROJECT -2-�i ;�' = i'_1 BETWEEN WCR(s) 18&20 ALDRICH -i I' � -'/ PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO �,G O U N T Y DATE: 9-22-15 DRAWN BY: JHB SHEET: 2 of 2 EXHIBIT 9—ALDRICH—TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208, recorded April 8, 2010 as Reception No. 3685798 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section Twenty—four (24), 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: The West Twenty (20) feet of the East One Hundred Twenty (120) feet of said Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208. Said strip of land contains 9,999 sq. ft. or 0.230 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. o� S U •PDO L/ •" •ma o t- •im • P -- •U � (?4E � i� 38106 -o I Q _ •zs-X16.4, W a o v �) t�` : s • Q i af_ ' s%,•'•.•..•••• • _� 11� NAi � a MNY ti Michael Chad Dilka — On Behalf Of King Surveyors (4 Colorado Licensed Professional Land Surveyor #38106 Cr.•+v- TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT OF PUBLIC WORKS oi ACQUISITION ' 0111 l".°Aw \� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18&20 ALDRICH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone: no;6N6so11 emaa'"oI'a@'ngSoor,orsconr DATE: 2-25-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT A C CALCULATED POSITION OF NE COR S24-T2N-R65W NE COR S24-T2N-R65W_____--T 6ILFND #6 RB W/ 2.5" AC STAMPED LS 27269 1998 WITNESS CORNER E.JEAN SWARTZ • L2 I JAMES A.& • I GERALDINE SLOAN 40' ACCESS AND UTILITY EASEMENT _ I (REC. NO. 3685798) I • I -60'-1 • 20' TEMPORARY II I I EASEMENT ACQUIRED -- -- • 9,999sf.± OR ±0.230ac. I • I RANDALL L. ALDRICH in • PARC.#130724100038 rn I I 40' EXISTING RIGHT-OF-WAY RECP.#3741008 ch I f (BOOK 1055 PAGE 192) NOTi(F LOT A RE 1307-24-I-AMRE-4208 I According to Colorado law you must w • c .N commence any legal action based in upon any defect in this survey within . . I N three years after you first discover �p such defect. In no event may any p I N action based upon any defect in this O • I . survey be commenced more than ten Z N •3 1 NW 1/4 years from the dote of the - certification shown hereon. I S19 T2N R64W 1 xi- (13—B0-105 C.R.S. 2012) 40' EXISTING RIGHT-OF-WAY I II') BARBARA RIES NOTE: This exhibit drawing Is not 1 Intended to be a monumeentalized (BOOK 1055 PAGE 192) • o I &ADELE A. • land survey. It's sole purpose Is Z I as a graphic representation to aid I I FISHLER In the visualization of the written NE 1/4 — property description which It S24-T2N-R65W accompanies. The written property I 1 MI description supersedes the exhibit ON drawing. _ L1 O U E.JEAN 6!,.. SWARTZ 0- LINE TABLE I I ..m E 1/4 S24-T2N-R65W �m -- LINE BEARING LENGTH FND #6 RB W/ 3.25" AC o a;� L1 S89'58'51"W 20.00' STAMPED LS 23027 2000 Li! IN MON. BOX •L`C,- •-• L2 N89'58'51"E 20.00' ix(r..-• ca TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT i° e1 /�✓ OF PUBLIC WORKS a. a).. ACQUISITION - ® ,'\NIL �� WCR 49 CORRIDOR PROJECT in J�_ BETWEEN WCR(s) 18&20 m m a ALDRICH r0 O � WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:1"=100' "=100' M 650 E.Carden Dnve I Windsor,Colorado 80550 ttO V m r- WELD COUNTY,COLORADO phone:(070)686-5011 I email,infoltliingSorvr ors.com DATE: 2-25-15 DRAWN BY: CDL SHEET: 2 oft 1861 MEMORANDUM TO: Clerk to the Board DATE: 2/4/2016 GoUNTY , FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: Doc #2015-3717 Warranty Deed with Randall L. Aldrich for improvements to WCR 49. RECEIVED FEB 0 5 2016 COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-I.doc P*0 -lv-ar�i to 02 /0 ` ants-37(7 WARRANTY DEED THIS DEED made this �� day of 20 /Zo, between Randall L. Aldrich, whose address is 8845 County Road 49, Hu n, CO 80642, Grantor, and County of Weld, a body corporate and politic of the tate 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: 8845 County Road 49, Hudson, Weld County, Colorado 80642. 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, 4180530 Pages: 1 of 5 0 /12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill ozox - &7/7 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. Randall L. Aldrich, Owner State of Ca[oral ) )ss. County of tJt_/eQ ) The foregoing instrument was acknowledged before me this 7 day of Fe:h�� , 20 l6 , by Randall L. Aldrich. Witness my hand and official seal. JAMES R.FLESHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201 4039802 OCTOBER MY COMMISSION EXPIRES OCT08ER 7,2019 N tary Public My commission expires: j /---t//1 4180530 Pages: 2 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I�!� IAGVII'I ,14LI II I 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). T� Dated this / 0 day of , 2016. ATTEST: d.42:44) �"C�• BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO s La 140 Y: Takkan.gg.--‘ Dep ty Cler to the Boar• 1161 'k:j �� Mike Freeman, Chair '�:��►`' FEB 1 0 2016 STATE OF COLORADO ) ♦,`,� ;,.I )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /0 day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSION S OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Publ My commission expires: /O2//9 i CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4180530 Pages: 3 of 5 �/�y l 7 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 at 045--- Koppes; Clerk and Recorder, Weld County, CO ■III�i��11� �I��I '�w :LOU Ill III • EXHIBIT-A 9-ALDRICH-ROW PROPERTY DESCRIPTION A strip of land, Sixty (60) feet in width, being part of Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208, recorded April 8, 2010 as Reception No. 3685798 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section Twenty—four (24), 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: The West Sixty (60) feet of the East One Hundred (100) feet of said Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208. Said strip of land contains 29,996 sq. ft. or 0.689 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. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO, 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Lot A, Amended Recorded Exemption No. 1307-24-1 AMRE-4208. Said existing Right—of—way contains 19,997 sq. ft. or 0.459 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within sold described existing Right—of—way. • •• L/C 111 w`•� •'• •• ti 11 `t 0, S ,, f, ,•• �f ! ♦ 's 3:11st '' • 4 • •• J 1 S'S • ••1 f 1�1,'/y, ,'S �r Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. OF PUBLIC WORKS WELD COUNTY DEPARTMENT ACQUISITION �� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18&20 ALDRICH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY,COLORADO 650 E.Garden Drive I Wmd,or,Colorado 80550 phone(970)666.5011 I mat infotEingiuswyors.coni DATE: 2-25-15 DRAWN BY: CDL SHEET: 1 of 2 4180530 Pages: 4 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II EXHIBIT-A NE COR S24-12N-R65W CALCULATED POSITION OF ��p RB W/ 2.5" AC NE COR S24-T2N-R65W STAMPED LS 27269 1998 I WITNESS CORNER 1 E.JEAN I i SWARTZ I L2 �: e t ` :. `-;//,' JAMES A.& _ � I GERALDINE i ` � , SLOAN 40' ACCESS AND UTILITY EASEMENT I ::::;'::::::j: ,,, (REC. NO. 3685798) . /: r 1 i I60' ADDITIONAL , "u�� ',,, RIGHT—OF—WAY ACQUIRED ' ' � 11 ,' l 29,996sf.± OR 0.689ac. I •. 40' EXISTING RIGHT-OF-WAY -,41 ,/,,,,,/,, (BOOK 1055 PAGE 192) i ,,. j fl'' RANDALL L.ALDRICH I PARC.#130724100038 rn €i �'•,� I 40' EXISTING RIGHT—OF—WAY a; e .1 .1 °"'' (BOOK 1055 PAGE 192) RECP.#3741008 akr,{ f 1 o� , MINE LOT A RE 1307.24 1-AMRE 4208 k 5r 4 P 4b ,i� N I According to Colorado law you must 3 ,' �ff /2'� I commence any legal action based s W upon any defect in this survey within . 117 DI ' three years after you first discover ') 1-,a,. I such defect. In no event may any P ' �'-f M i.. 3 action based upon any defect In this -,...,.V,,-,p4, c i. s I survey be commenced more than ten 0 , ,' 4 o' I NW 1/4 years from the date of the Z ''�` '1 0 .. certification shown hereon. I �x_tfdl : - ►e) I S19 T2N R64W (13-80-105 C.R.S. 2012) I fit, ,-',,: f', P ! NE 1/4 . i `2 5 BARBARA RIES NOTE: This exhibit drawing Is not t`P� Z I &ADELE A, I intended to be a monumentalized S24-T2N-R65W land survey. It's sole purpose is I k 4:7,..—,..,:;ii. - FISHLER as a graphic representation to old In the visualization of the written �; �t,r�r property description which It accompanies. The written property b . a, description supersedes the exhibit 1 k ',m f ',. Nit drawing. ;h 1 ;% , r' L1 1 t I i I 1 E.JEAN l SWARTZ I LINE TABLE I Nsil I i LINE BEARING LENGTH E 1/4 S24—T2N—R65W FND #6RBW/ 3,25" AC L1 589'58'51°W 60.01' STAMPED LS 23027 2000 / IN MON. BOX L2 N89'58'51"E 60.01' RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT I ft P;# OF PUBLIC WORKS ACQUISITION \A b.1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18&20 I ALDRICH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:1"=100' 650 E.Garden Dom I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:10NQ6864011 I email:mio@ ngSureyomcom DATE: 2-25-15 DRAWN BY: CDL SHEET: 2 of 2 4180530 Pages: 5 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III MIil rNnhiir',liNIII„h ii I ii*k VII IIMINhili�f i 41iiiiiiiiit 111 a Hello