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Home My WebLink About20153413.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 - ADAMS MCWILLIAMS FARMS, LLLP 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, 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 Adams McWilliams Farms, LLLP, 13650 County Road 49, Hudson, Colorado 80642, 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 Adams McWilliams Farms, LLLP, 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. J 2015-3413 CC ?10(LS/T.)) 11(12. EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 -ADAMS MCWILLIAMS FARMS, LLLP 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 WELD COUNTY, COLORADO Q��ATTEST:GO� t -� �- ` iN/ arbara Kirkmeyer Chair Iff- Weld County Clerk to the Board -n • Mike Freeman, Pro-Tem BY: 40,0V6„ t I duty Clerk to he Board ,I� 'D1414 \\ gaZ N;ean P. Con ay �--- APPROVED AS TO FORM: •" ti �1 O ,z , I$61 'k "1`a�; �' I e A. Cozad inNra PIP!' County Attorney Nap p t"N �_I VSteve Moreno Date of signature: 114 2015-3413 EG0072 1861 MEMORANDUM TO: Clerk to the Board DATE: October 21, 2015 2— G-0 1-2/ 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 Adams McWilliams Farms, LLLP. RECEIVED OCT 2 2 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3413 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 Adams McWilliams Farms, LLLP and WELD COUNTY, COLORADO THIS AGREEMENT is made this 2 "-day of ,ee,,,j2015, by and between Adams McWilliams Farms, LLLP, whose address is 13650 County Road 49, Hudson, CO 80642-96021, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the ("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires 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 Permanent Easement, in order to accommodate the relocation of existing permanent facilities, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Eleven Thousand, Twenty Seven Dollars, ($11,027.00). The parties acknowledge and 4153573 Pages: 1 of 13 p (3VO 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO ■III!!rwlR,1�F�r ,�IIr��M1! � �I II I • agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Thousand, Six Hundred Twenty One Dollars, ($4,621.00). 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 Two Thousand, Seven Hundred, Thirty Six Dollars, (2,736.00). 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 September 29, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Permanent Easement and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant the Permanent Easement, in the form attached hereto as Exhibit"D", free and clear of all liens and encumbrances, except existing easements. 8. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 9. 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 Intersection Improvement Project, whichever is earlier. 10. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures 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. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also 4153573 Pages: 2 of 13 10/28/2015 10:50 AM R order .00 Page 2 of_5 Carly Kopp'es, IC�'rk Ind R�oorder, Weld Colnty, CO'IAA IAA'I ■iii r�!��t, �M��ti �,��,w�,wE��fl;tM � Ii iii • retain any water rights currently attached to or associated with the Public Right- of-Way, Permanent Easement and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way, Permanent Easements and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Thirty One Thousand, Seven Hundred One Dollars ($31,701.00) to the Owner for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before September 29, 2015. If the agreement is not signed and returned on or before September 29, 2015, the County shall maintain its current offer of Fair Market Value of Twenty Six Thousand, One Hundred Eighty Six Dollars ($26,186.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" 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 / permanent easement. At the conclusion of construction, the County will install a new permanent right of way 4153573 Pages: 3 of 13 10/28/2015 10:50 AM R Fee:$0.00$0.00 Page 3 of 5 Carly Koppes. Clerk and Recorder Weld County. CO ■III��R;�I�h'��1�4'«�'w��l#�,hJ�RFy»Firlli6'r1'4, 11111 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, Permanent Easement and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4153573 Pages: 4 of 13 10/28/2015 10:50 AM R Fee:$0.00$0.00 I'agc 4 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Eicri llF'ie Iffi;trikJ," IdMl+r: III III L IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: AAc -,4, ) Mc Li ,t t,c-,--.,s Fc.i ;-.,s LL LP By: L;�1> ft a% 1 rc.s Title: Le ne_s-w. Qom- x ATTEST: dizillet) W .Jdiz'ok, BOARD OF COUNTY COMMISSIONERS Weld C my Clerk to the Board WELD COUNTY, C LORADO , Deputy Cl k to the Boa Barbara Kirkmeye , Chair S Z OCT 26 2015 APPROVED AS O UN PPROVED AS UBSTANCE: ' 04a44214 Controller or, ` , 1 te icial or Department Head APP VED AS TO FORM: '''" " ' JJJ A TS Director of General Services County Attorney Page 5 of5 4153573 Pages: 5 of 13 /. ,5 e1/3 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO uIII WilliAl 'ikt' G.0„fi,+:',I 5kii'MiiiI:irilii+ii'1li*Iiii,i, Bill EXHIBIT-A 26-ADAMS--MCWILLIAMS FARMS-ROW PROPERTY DESCRIPTION A parcel of land acing part of the Northwest Quarter (NW1/4) of Section Thirty (.30), Township Three North (T..3N.), Range Sixty—four West (R.64W.) of the Sixth Frinclpal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows The East Thirty (30) feet of the West Seventy (70) feet of the Northwest Quarter (NW1/4) of said Section .30. Excepting Therefrom: That parcel of land described in that Deed of Dedication recorded January 8, 2009 as Reception No. 3598539 of the records of the Weld County Clerk and Recorder. Said parcel of land contains 63,218 sq. ft. or 1.451 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 West Forty (40) feet of the Northwest Quarter (NW1/4) of said Section 30; And That parcel of land described in that Deed of Dedication recorded January 8, 2009 as Reception No. 3598539 of the records of the Weld County Clerk and Recorder. Said existing Right—of—way contains 122,085 sq. ft. or 2.803 acres, 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. c ( fc 1/1 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 'ea Dv" OF PUBLIC WORKS r.yr �r ��►�.• WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)28&30 ADAMS-MCWILLIAMS FARMS IZ ,) hI\( SURVI: ORS PROJECT NO- SRI'-26 SCALE N/A %1 I.l l)COI NTI COI-ORADO DATt- 4-24-15 DRAWN BY (1)I. SHEET 1 o1 2 4153573 Pages: 6 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO ■III!�!�1��1trF�;'h�iL«�A ftU'�F1'�1k'l�FJ ' RI II EXHIBIT-A I NW CORNER LINE TABLE 530-T3N-R64W EBARW FOUND #6 REBAR WITH 3.25" ALUMINUM CAP APPROX1MATE LOCATION OF STAMPED LS 23027. 2002 L5 50'PIPELINE EASEMENT LINE BEARING LENGTH IN MONUMENT BOX TO ONEOK NGL GATHERING; LLC _ r� 1/1- (REC. Na 3575389)_ ` Li S89'39'22"W 30.00' my —— — — - O... 25'GAS PIPELINE EASEMENT 1 1 L2 NO0'20'40"W 846.79' b v) ( { TO ADOLPH COORS COMPANY c0 Z (REC. NO. 1642410) L3 N89'39'20"E 9.00' N E I 75'PIPELINE EASEMENT I I I "' < iTO KERR-MCGEE GATHERING LLC L4 N00'20'40"W 1800.54' m (REC. NO. 3995724) 30' RIGHT-OF-WAY 0 L5 N89'01'13"E 21.00' dam- (BOOK 86 PAGE 273) o (r) N 7) 10'ELECTRIC EASEMENT O m TO UNITED POI$ER, INC. Z (REC. NO. 3588047) IIu) ADAMS-McWILLIAMS N FARMS, LLLP NOTE: This exhibit drawing is not intended to be w PARC.#121530100009 a monumentalized land survey. It's sole purpose 1t is as a graphic representation to aid in the I ? RECP.#2774772 & visualization of the written property description WES MOSER, INC I —1b which It accompanies. The written property N 2914872 & 2914873 description supersedes the exhibit drawing. p NE 1/4 O 525-T3N-R65W N NOTICE 1 49' RIGHT—OF—WAY LI (BOOK 1046 PAGE 36) According to Colorado law you must commence any IRS (REC. NO. 3598539) legal action based upon any defect in this survey —N.L3 within three years after you first discover such defect. In no event may any action based upon any ADDITIONAL RIGHT-OF-WAY defect in this survey be commenced more than ten 63,218S.f.± OR 1.451 ac.± years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) NW 1/4 1(3 530-T3N-R64W ! 2'ELECTRIC EASEMENT III TO COLORADO CENTRAL POKER COMPANY (BOOK 1285 PACE 150) " 40' RIGHT-OF-WAY (BOOK 1046 PAGE 36) W 1/4 CORNER S30-T3N-R64W 1 II I I SW CORNER S S30-T3N-R64W FOUND MI6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 23027, 2002 i i IN MONUMENT BOX RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION i� �� OF PUBLIC WORKS RW 26 tyll► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)28&30 ADAMS-MCWILLIAMS FARMS WCR 49 KING SURYL:YORS PROJECT NO: SRP-26 SCALE:I"=500' (i5U F.Gardcn Drm ! AVi,,ds,,r.(idurado 815511 WELD COUNTY,COLORADO „i,,,,,l97lnehr,-;mi i ,'rnaa:tntolp„NiapSun,-„r.rr"" DATE: 4-24-15 DRAWN BY: CDL SHEET: 2 oft 4153573 Pages: 7 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County. COI' iIII kills �liwtiti h��ii,l�ui'UNi Wile c ii Ui�Il ��l■iiiiiili Bill EXHIBIT-B 26-ADAMS-MCWILLIAMS FARMS-PE PROPE RTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the Northwest Quarter (NW1/4) of Section Thirty (30), Township Three North T.3N. , Range Sixty-four ( ) 9 Y West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The East Twenty (20) feet of the West Ninety (90) feet of the Northwest Quarter (NW1/4) of said Section 30. Said strip of land contains 52,954 sq. ft. or 1.216 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 strip of land. �O LI &-• ��, F ,.. �.y '°/ / / o • 38106 > 'cc\II'ZU1 5�� ik 0A14"i_0A0 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 PERMANENT EASEMENT .A.��. WELD COUNTY DEPARTMENT ACQUISITION PE- �a Frio OF PUBLIC WORKS Q 26 ,r►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)28&30 ADAMS-MCWILLIAMS FARMS KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WCR 49 65.)i- ,nd.or,Colorado 80550 WELD COUNTY.COLORADO Or"' '8'3"I i DATE: 4-24-li DRAWN BY: CDL SHEET: I oft 4153573 Pages: 8 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO 11111 FIXHIBIT-B I NW CORNER S30-T3N-R64W LINE TABLE FOUND #6 REBAR WITH 3.25' ALUMINUM CAP----` APPROXIMATE LOCATION OF STAMPED LS 23027, 2002 50'PIPEUN£EASEMENT LINE BEARING LENGTH IN MONUMENT Box \ TO ONEOK NGL GATHERING, LLC l - �� L21R 30 (REC: N0. 3575389) i_� .. I I.1 S89'39'22"W 20.00' n�\-.I 25'GAS PIPELINE EASEMENT I I I.2 I N89.01'1.3"E 20.00' I - *!n I I I TO ADOLPH COORS COMPANY— I ...i .__-__. -_.._._. ._.._...._ . { uj co Z • (ROC. NO. 1642410) I ^i I 75'PIPELINE EASEMENT " Q I —TO KERR—MCGEE GATHERING LLC m (REC. NO 3995724) 30' RIGHT-OF-WAY (BOOK 86 PAGE 273) Di I 70'ELECTRIC EASEMENT b < — TO UNITED POWER, INC. Z O P-3' I (REC. Na J588047) I! ,n r ADAMS-McWILLIAMS N N FARMS, LLLP NOTE: This exhibit drawing is not intended to be w PARC.#121530100009 a monumentalized land survey. It's sole purpose O is as a graphic representation to aid in the I � "4" RF,CP.#2774772 & visualization of the written property description WES ;tiMOSER. INC I p CX,O p� which it accompanies. The written property N N 2914872 2914873 description supersedes the exhibit drawing. NE 1/4 ;i3 O S2 5-UN-RESIN Z U1 . I I 49' RIGHT—OF—WAY NOTICE (BOOK 1046 PAGE 36) I ' (REC. NO. 3598539) According to Colorado law you must commence any legal action based upon any defect in this survey 20' PERMANENT EASEMENT within three years after you first discover such +52,954s.f.± OR 1.216ac.± 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 .0 hereon. (13-80-105 C.R.S. 2012) I NW 1/4 S30-T3N-R64W I 2'ELECTRIC EASEMENT I- -TO COLORADO CENTRAL POWER COMPANY (BOOK 1285 PACE 150) 4 40' RIGHT-OF-WAY (BOOK 1046 PAGE 36) W 1/4 CORNER i S30-T3N-R64W I �1 I g;":: SW CORNER S30-T3N-R64W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 23027, 2002 + I IN MONUMENT BOX PERMANENTEASEMENTfA�, WELD COUNTY DEPARTMENT AC UISITION ia°fir OF PUBLIC WORKS Q CE-z ��Nook ►6, WCR 40 CORRIDOR PROJECT BETWEEN WCR(s)28 & 30 ADAMS-MCWILLIAMS FARMS Kim; St'I:vl a()Rs PROJECT NO. SRP-26 SCALE:I"=500' \\ I9 \\I?I I)cot' Y.COLORADO „n., ii i.:'1. ".. °" DATA -t-2-1-I 5 DRAWN B '. ('DL. SHEET ?01 2. 4153573 Pages: 9 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk Iand Recorder, Weld County, CO liii�Ir1R:'�'F:rr:rrii «iiiiiKil4:I VI'CP IVIIJV.C, "Ill EXHIBIT-C 26-ADAMS-MCWILLIAMS FARMS-TCE PROPERTY DESCRIPTION A ctrin /-t lard Fwen+y (70) f1- < fh .-l-t�-"�: c„;,tc; (NW1/4) of Section Thirty (30), Township Three North (T 3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.). County of Weld. State of Colorado, and being more particularly described as follows: The East Twenty (20) feet of the West Ninety (90) feet of the Northwest Quarter (NW1/4) of said Section 30. Said strip of land contains 52,954 sq. ft. or 1.216 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 strip of land. d� I •cr ll(^),) y; 1 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. �� WELD COUNTY DEPARTMENT ACQUISITION 0 OF PUBLIC WORKS rF 25 gaik� ►�.. WCR 49 CORRIDOR PROJECT BETWEEN 1,VCR(s)28X. 30 ADAMS-MCWILLIAMS FARMS \4CR 49 KING SUR\i'of o PROJECT NO: SRP-26 SCALE:N/A u, I.D COI INTY.COLORADO r. - , DATE 4-24-15 DRAWN BY CDI SHEET. I of t 4153573 Pages: 10 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII W)F.I1ftYi Ii4NT I EXHIBIT-C j I ------__- -- -------- -- NW CORNER 64W LINE TABLE S30-EBAR WITH FOUND #6 REBAR WITH 3.25" ALUMINUM CAP APPROXIMATE LOCADON OF STAMPED LS 23027, 2002 \ 50'PIPELINE EASEMENT LINE BLARING LENGTH IN MONUMENT BOX TO ONEOK NCL GATHERING, LLC _WCR 30 (- c- �L J ,L 2 (REC. NO. 3575389) PI - l l S89'.39 22"W 20.00' - - - ----- - O 25'GAS PIPELINE EASEMENT j LL N59'01 13 E 20.00 IN ADOLPH COORS COMPANY ' c vP) 1 Z NEC. N0. 1642410) co N ry I 75'PIPELINE EASEMENT i' < I L TO KERR-MCGEE GATHERING LLC I CO (REC. NO. 3995724) .. u., 30' RIGHT-OF-WAY.4-t BOOK 86 PAGE 273)----1/-) • I 0 (n . I 10'ELECTRIC EASEMENT 5 m I I TO UNITED POWER, INC (REC. NO. 3588047) IIN St ADAMS-McWILLIAMS N N FARMS, LLLP I NOTE: This exhibit drawing is not intended to be tit PARC.#121530100009 a monumentalized land survey. It's sole purpose - 0 is as a graphic representation to aid in the I . REC P.#2774772 & visualization of the written property description WES MOSER. INC i o b which It accompanies. The written property cv Pt 2914872 & 2914873 description supersedes the exhibit drawing. o o NE 1/4 o 525-T3N-R65V/ z (/) I NO11CF I 49' RIGHT—OF—WAY (BOOK 1046 PAGE 36) (REC. NO. 3598539) According to Colorado law you must commence any legal action based upon any defect in this survey 20' TEMPORARY EASEMENT within three years after you first discover such defect. In no event may any action based upon any 52,954s.f.± OR 1.216ac.± defect in this survey be commenced more than ten .20. years from the dote of the certification shown hereon. (13-80-105 C.R.S. 2012) I NW 1/4 S30-T3N-R64W I 2'Q£CTRIC EASEMENT TO COLORADO CENTRAL POWER COMPANY (BOOK 1285 PACE 150) 4. i- 40' RIGHT-OF-WAY (BOOK 1046 PAGE 36) I W 1/4 CORNER 141 S30-T3N-R64W lir SW CORNER g S30-T3N-R64W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 23027, 2002 IN MONUMENT BOX WELD COUNTY DEPARTMENT TEMPORARY EASEMENT � ��A�- OF PUBLIC WORKS ACQUISITION �� TE 26 , ► WCR 19 CORRIDOR PROJECT BETWEEN WCR(s)28 &30 ADAMS-MCWILLIAMS FARMS WCR 49 KING SuRvi.:`, )RS PROJECT NO SRP-26 SCALE:I"=500' \V'FI I)( OL,I\i y cur()RA I,,,., it ,r „a, I „„ DANE• 4-24-IS DRAWN BY ('DI SHEET .of? 4153573 Pages: 11 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO SID POFaRV ilv Clliiii riIIRIWIit+ILiFilr4 g riIi1ietili:r1l Ili Ill EXHIBIT D RECORDING INFORMATION ABOVE R/W# GRANT OF EASEMENT . GRANTOR (whether one or more). whose address is , in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain. replace, enlarge. reconstruct, improve, inspect, repair and remove utility. electrical and communications facilities and all fixtures and devices appurtenant thereto. as may from time to time be useful to. or required by Grantee. on. over. under. and across the following described property in the County of .State of Colorado to-wit: Easement description as set forth in Exhibit"A"attached hereto and incorporated herein by reference. Those facilities may be overhead.underground and/or at grade and may include,but shall not be limited to.poles.cables.conduits.wire,conductors,transformers, manholes and supports of whatever materials, including braces.guides.and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day. 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge. reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto,and the right to remove any objects interfering therewith. including but not limited to,the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement. reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy. use. and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction. operation. maintenance. replacement, enlargement. reconstruction, improvement,inspection,repair and removal thereof. Grantor shall not plan t any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install.or permit the installation of.any buildings or permanent structures or facilities of any kind on,over.under,or across said easement without the prior written approval of Grantee. Upon completion of construction.Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives. heirs, executors. administrators. successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees. licensees.contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached. the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. 4153573 Pages: 12 of 13 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III�i�1��n Pid] V,MP 111111 W/O# Map No.: Part of Section ,Township , Range 6th P.M.,County of ,State of Colorado SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: BY: STATE OF [STATE] ) [INDIVIDUAL]ACKNOWLEDGEMENT COUNTY OF [COUNTY] ) , a Notary Public for said County and State, do hereby certify that [PROPERTY OWNER NAME] personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal,this day of ,20 . Notary Public My Commission Expires: STATE OF [STATE] ) [CORPORATE] ACKNOWLEDGEMENT COUNTY OF [COUNTY] ) I, , a Notary Public for said County and State, do hereby certify that [OFFICER NAMEI personally came before me this day and acknowledged that s/he is the [INSERT OFFICE] of [LESSOR NAME], a [ENTITY TYPE/STATE], and s/he, being authorized to do so, executed the foregoing Grant of Easement as his/her own act and deed on behalf of[LESSOR NAME]. WITNESS my hand and official Notarial Seal,this day of ,20 . Notary Public My Commission Expires: 4153573 Pages: 13 of 13 10/28/2015 10:50 AM R Fee:$0.00 I rly Koppes. Clerk and Recorder Weld County. CO III!��1�'��II��'I��'�1401 V�:I•i� IJ�I;�h'+��1 Y I�Tii��,��1�� 11 II W/O# Map No.: Part of Section ,Township , Range 6`h P.M.,County of ,State of Colorado MEMORANDUM r p TO: Clerk to the Board DATE: November 13,2015 oil FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc#2015-3413 Warranty Deed with Adams McWilliams Farms, LLLP RECEIVED NOV 16 2015 t,ommissioNERs M:\Francik\AGENDA memos\Agenda-Leon-2.doc 4f7til°e ('/6 4‘Ei°41417 6& Yalod tz 7-/5 X 15 - 3 WARRANTY DEED THIS DEED made this / day of //..074- 1-11.6(220/, between Adams McWilliams Farms, LLLP of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A" Also known as: 13650 Weld County Road 49, Hudson, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4162728 Pages: 1 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co liii � �r�INIVIMAIN�r�a r i't ',��i'Kai Bill ��/07— .�//<5 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. MCWILLIAMS FARMS, LLLP By: A l '1 A.,,,,-..„.,.___)Carolyn Adais Title: ►-a_ru,? State of C.i,�©k �-o ) )ss. County of WC(-9 ) The foregoing instrument was acknowledged before me this 1'&.t- day of r/e,:crti1,�,, 20 , by Carolyn Adams, General Partner for Adams McWilliams Farms, LLLP, Owners. Witness my hand and official seal. - -e-0-1.--i ....-9,4-44-"-e.----, otary Public My commission expires: 00- o 8- 1 7 ILEON W.SIEVERS NOTARY PUBLIC STA O MY COMPASSION SCRRBAUGUIITIL 2017 4162728 Pages: 2 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO VIIIIMInkuilI 'lill;i11;iitilVAntrekillyh III II 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 /fill day of 27-~-4c>, 2015. ATTEST: dad% l jGLtoe' COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD BY: .I.1 I# 11ti/�� I . • B Y: .( Deputy Clerk to the Bo it ��», :1011 arbara Kirkme er Chai l 'Q zc. BOARD OF COUNTY NOV 1 $ 2015 COMMISSIONER * � OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The fore oing instrument was acknowledged before me this JI day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Pu is 4(--dt-A-) CHERYL LYNN HOFFMAN My commission expires: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4162728 Pages: 3 of 5 12/03/2015 01:13 PM R Fee: 0.00 D Fee: $0.00 $0.00 Carly Koppel, Clerk and Recorder, Weld County, CORl��CillaYh ii III i.5-.3tip EXHIBIT-A 26-ADAMS-MCWILLIAMS FARMS—ROW PROPERTY DESCRIPTION A parcel of land being part of the Northwest Quarter (NW1/4) of Section Thirty (30), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The East Thirty (30) feet of the West Seventy (70) feet of the Northwest Quarter (NW1/4) of said Section 30. Excepting Therefrom: That parcel of land described in that Deed of Dedication recorded January 8, 2009 as Reception No. 3598539 of the records of the Weld County Clerk and Recorder. Said parcel of land contains 63,218 sq. ft. or 1.451 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 West Forty (40) feet of the Northwest Quarter (NW1/4) of said Section 30; And — That parcel of land described in that Deed of Dedication recorded January 8, 2009 IIII as Reception No. 3598539 of the records of the Weld County Clerk and Recorder. SSaid existing Right—of—way contains 122,085 sq. ft. or 2.803 acres, more or less mo_ (±), and may be subject to any rights—of—way or other easements of record or as Gnow existing within said described existing Right—of—way. T LL o O° B113T .� - .ecci n�ia`� j � '2 38106 i' 00 N O.o '•/ CSI " Michael Chad Dilka — On Behalf Of King Surveyors N m>-- Colorado Licensed Professional Land Surveyor #38106 r N rya. er e+U WELD COUNTY DEPARTMENT ACQUISITION GHT OF WAY oeft- 4a ♦ OF PUBLIC WORKS OD \� ►1. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)28&30 ADAMS-MCWILLIAMS FARMS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY,COLORADO 650 t_.amen Drive l Windsor.Colorado BOiiU phone:(970)686s0i i l emaa info@-iny,Surceyors.cor" DATE: 4-24-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT-A I I NW CORNER 530-73N-R64W • LINE TABLE FOUND #6 REBAR WITH 3.25" ALUMINUM CAP APPROXIMATE LOCARON OF STAMPED LS 23027, 2002 L5 50'PIPELINE EASEMENT LINE BEARING LENGTH IN MONUMENT BOX I TO 0N£OK NGL GATNERINc LLC WCR (REC. NO. 3575389) . . + T L1 589'39'22"W 30.00' WCR - - - -• --- -�-}} b,._, 25'GAS PIPELINE EASEMENT--I ' L2 NOO'20'40"W 846.79' -- In f TO ADOLPH COORS COMPANY m Z (REC. N0. 1642410) L3 N89'39'20"E 9.00' N o! 75'PIPELINE EASEMENT tO L —TO KERR-MCGEE GATHERING LLC L4 NO0'20'40"W 1800.54' 3 m (REC. NO. 3995724) L.L. 30' RIGHT-OF-WAY L5 N89'01'13"E 21.00' (BOOK 86 PAGE 273)— N N 10'ELEC1RiC EASEMENT o m--r_TO UNITED POKER, INC. Z (REC NO. 3588047) I t; i h ADAMS-McWILLIAMS L co FARMS, LLLP NOTE: This exhibit drawing is not intended to be w PARC.#121530100009 a monumentallzed land survey. It's sole purpose - is as a graphic representation to aid in the I d- ,.a. RECP.#2774772 & visualization of the written property description WES MOSER,INC i-T o which It accompanies. The written property ;v 2914872 & 2914873 description supersedes the exhibit drawing. NE 1/4 O O S25-T3N-R65W N NOTICE 49' RIGHT—OF—WAY —1, (BOOK 1046 PAGE 36) According to Colorado low you must commence any (REC. NO. 3598539) legal action based upon any defect in this survey L3 within three years after you first discover such defect. In no event may any action based upon any ADDITIONAL RIGHT—OF—WAY defect in this survey be commenced more than ten 63,2185.f.± OR 1.451ac.± years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) NW 1/4 I of S30-T3N-R64W 2'ELECTRIC EASEMENT 1111 TO COLORADO CENTRAL POKER COMPANY (BOOK 1285 PACE 150) m I 40' RIGHT—OF—WAY (BOOK 1046 PAGE 36) �. W 1/4 CORNER i r v S30—T3N—R64W 1 LL a 3 I �) [IV m3 r i Ilflyq` w y SW CORNER O 0°- S30-T3N-R64W in U.°o FOUND #6 REBAR WITH m g- 3.25" ALUMINUM CAP STAMPED LS 23027, 2002 01 EEC - 1 IN MONUMENT BOX ID M t WELD COUNTY DEPARTMENT o_ RIGHT OF WAY Av V ACQUISITION i. Pi* OF PUBLIC WORKS B i m a \� ►�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)28&30 ci x 0~ ADAMS-MCWILLIAMS FARMS C,4m>_ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:I"=500' co;:it:-.1r. " WELD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 r phone,(97q GeeSuu I email,inli @KingSurveyors.eom DATE: 4-24-15 DRAWN BY: CDL SHEET: 2 of 2 Hello