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Home My WebLink About20153283.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 PRO-TEM TO SIGN NECESSARY DOCUMENTS - TODD AND RHONDA AMEN 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 Todd and Rhonda Amen, 24138 County Road 38, La Salle, Colorado 80645-9733, 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 Todd and Rhonda Amen be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign any necessary documents. 2015-3283 GC [45/Fc_111S) O101(4 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49-TODD AND RHONDA AMEN 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. I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � EXCUSED ?„d / ldo;t.. Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike� man Pro-Tem BY: I I ty Clerk o t e Board �! � `- Et I-) P. C,nway APPRCy AS TO FOR 1• 1 1$61 (R,' '��,'% ��' 1 c / die A. Cozad /0-411 County Attorney /6 .,,,, ,,,+► feve Moreno ,23 Date of signature: 2015-3283 EG0072 86 MEMORANDUM kiaTO: Clerk to the Board DATE: October 8, 2015 j. couNTY 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 Todd A. and Rhonda R. Amen. RECEIVED OCT 0 8 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3283 EG 0012, 0\ 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 Todd A. Amen and Rhonda R. Amen AND WELD COUNTY,COLORADO THIS AGREEMENT is made this 27 44 day of SW e j41, 2015, by and between Todd A. Amen and Rhonda R. Amen, whose address is 24138 County Road 38, LaSalle CO 80645- 9733, 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 p ermanent 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 Eight Thousand, Nine Hundred Eighty Dollars, ($8,980.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4150819 Pages: 1 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III MV1R.CO 1,40 111400 11111 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "13" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand, Eight Hundred '[en Dollars, (`61,810.00). 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 One Thousand, Ninety Dollars, ($1,090.00). 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 09, 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 he 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 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 4150819 Pages: 2 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO ■III kihilI;SrKAr164,1,4, 1111111 he no later than thirty (30) days following the County's execution of this Agreement. 1 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 he paid, including, hut 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 Fifteen Thousand, Four Hundred Forty Four Dollars ($15,444.00) 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 October 9, 2015. If the agreement is not signed and returned on or before October 9, 2015, the County shall maintain its current offer of Fair Market Value of Eleven Thousand, Fight Hundred Eighty Dollars ($11,880.00) 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 ofTemporary 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 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. 4150819 Pages: 3 of 13 10/16/oppe 02:07 ;n R ederi, 0 ,�,�'�1�,��Ii�I ,llll Ko015 Clerk and Recorder Weld County,11111 Wel CO Carly Leib LL II 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. 4150819 Pages: 4 of 13 R Fee:$0.00 10/16/2015 02:07 PM I III Page 4 of 5 Carly Koppes, Clerk alit Ider; Weld County: CO ■III t�IlAili��uk MOM'J5 �r��1�Vi 1114 ' � �il�YL�,�� IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Al- `J OWNER: 7q0Y1d6Z, By:.,� / By. ATTEST: ddill i1) 'eA BOARD OF COUNTY COMMISSIONERS Weld s un Clerk to the oard WELD COUNTY, COLORADO BY: Deputy C I-rk to the Bs ,?� Q s,Lz Mike Freeman, Pro-Tem OCT j 4 2015 I APPROVED AS TO FUNl ,, 1F (g , N• PPROVED AS TANCE: Controller " � � Ele e cial or Department Head APPRO ED AS TO FORM: A. .77-s Director of Gen6ral Services County Attorney Page 5 of 5 4150819 Pages_ 5 of 13 22 9 10/16/2015 02:07 PM R Fee.$0.00 Co 0W-1- c./0 a Car 1Y KoPpeJS- Clerk and�1Reucorder. WLeld J�unLLty ` LW ` ■IIIl�i�.rR'l�� ,iltd+iiit ,rI�,�I� efI1��,Y�lti�i1 III EXHIBIT-A 55—AMEN—ROW PROPERTY DESCRIPTION A parcel of land, being a part of that land described in a Deed recorded September 23, 2008 as Reception No. 3579844 of the Records of Weld County, located in the Northwest Quarter (NW1/4) of Section Six (6), 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: COMMENCING at the Northwest corner of said Section 6 and assuming the West line of the NW1/4 of Section 6 as bearing South 00'20'48 East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2640.29 feet with all other hearings contained herein relative thereto; THENCE North 88'?8'57 set ng the North line of tier NW1/i of Section 6 u distance of 4u.ut feet to the cost Hight of Way line of Weld County Rood 49 recorded June 7, 1939 in Book 1046 Page 37 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 88'28'57 East continuing along the North line of the NW1/4 of Section 6 a distance of 119.84 feet; THENCE South 00'20'48 East a distance of 30.01 feet; THENCE South 44'06'38 West a distance of 99.69 feet to a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6; THENCE South 00'20'48 East along said parallel line a distance of 1264.86 feet to the Westerly most South line of the deeded parcel at Reception No. 3579884; THENCE South 88'20'04' West along said South line a distance of 50.01 feet to the East line of said Right of Way, THENCE North 00'20'48" West along the East Right of Way of Weid County Road 49 a distance of 1364.73 feet to the North line of the NW1/4 of Section 6 and to the POINT OF BEGINNING. Said described parcel of land contains 72,762 Square Feet or 1.670 Acres, more or less. TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of land described in a Deed recorded September 23, 2008 as Reception No. 3579844 of the Records of Weld County. Said described parcel of land contains 54,591 Square Feet or 1.253Acres, more or less. SURVEYOR'S STATEMENT I, Paul B. Groves, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. QP`00�'I^CF'y 1 3 O •i ••S • a • t38209 O s • w `ANAL t-r' Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38209 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION ‘� /�# OF PUBLIC WORKS Cvv_s� �\�►�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36& 38 AMENS WCR 49 Iil\C. Sl'RV'I_'i(1R PROJECT NO: SRP-26 SCALE N/A W EI.D L'(I1 N I Y.Col ORAt)O .t ti„„� ��:,� DATE 5-13-15 DRAWN BY SAS SHEET I of 2 4150819 Pages: 6 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO 11111 EXHIBIT-A i POINT OF BEGINNING - L11 / L2 -R'C,R 38- . - - - -- ------ NW CORNER L 30' EXISTING RIGHT OF WAY 58—T3N—R64W FOUND /8 REBAR W/2.5' (BOOK 86 PAGE 273) ALUM. CAP ILLEGIBLE IN MONUMENT BOX NOIlCF POINT OF COMMENCEMENTIt According to Colorado law you must I I commence any legal action based upon any defect In this survey within three years I after you first discover such defect In no event may any action based upon any I IOUND S1CLLPER. LTD I I � � defect in this survey be commenced more than ten years from the date of the PARC.#121301000011 & certification shown hereon. (13-80-105 C.R.S. 2012) 121301000014 i ADDITIONAL RIGHT-OF-WAY RECP.#2584940 & 2584941 , I ,-72.762 sf.± OR 1.588 ac.± N NOTE: This exhibit drawing is not Intended 0 to be a monumentalized land survey. It's d. — sole purpose is as a graphic representation r0 Q n to aid in the visualization of the written N W property description which It accompanies. CO The written property description supersedes W the exhibit drawing. `ro ° •h Wiley 0 TODD A. & RI-IONDA R. N ^ 0° AMENS a a 8 m r) N PARC.#121506000019 w RECP.#3.579844 I S s+ LINE TABLE 8 0 0 z fn LINE BEARING LENGTH I , L1 N88'28'57"E 40.01' NE 1/4 L2 N88'28'57'E 119.84' S 1-T3N-R65W I L3 SOO'20'48"E 30.01' L4 S44'06'38'W 99.69' NW 1/4 L5 S88'20'04"W 50.01' $6-T3N-R64W 40' EXISTING RIGHT OF WAY (BOOK 1046 PAGE 37) WEST QUARTER CORNER I I L5 S8-73N-R64W FOUND /B REBAR W/2.5" I I ALUM. CAP LS 12374 1995 IN MONUMENT BOX RIGIIT OF WAY .A. WELD COUNTY DEPARTMENT ACQUISITION NA ss ga '� OF PUBLIC WORKS R ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36& 38 AMENS WCR 49 KING SURV'I(1"ORS PROJECT NO SRP-26 SCALE I"=200' 11F.LD COUNT l COLORADO . .r,,i,,a,.,r:, _ '"''',i ',ati''',.' DATE i-13-I; DRAWN BY. ‘,NS SNEFT: ,oi2 4150819 Pages: 7 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO lIII klifi'I'tri:,nti llti«gI I,IAI l tlhethwVili,iii lyi II III EXHIBIT-B 55-AMEN-PE PROPERTY DESCRIPTION A parcel of land for easement purposes, being a part of that land described in a Deed recorded September 23, 2008 as Reception No. 3579844 of the Records of Weld County, located in the Northwest Quarter (NW1/4) of Section Six (6), 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: COMMENCING at the Northwest corner of said Section 6 and assuming the West line of the NW1/4 of Section 6 as bearing South 00'20'48i East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2640.29 feet with all other hearing! Contained herein relative thereto' THENCE North 88'28'57 East along the North line of the NW1/4 of Section 6 u distance of 159.85 feet to the POINT OF BEGINNING. THENCE North 88'28'57 East continuing along the North Line of the NW1/4 of Section 6 a distance of 20.00 feet; THENCE South 00'20'48 East a distance of 38.59 feet; THENCE South 44'06'38 West o distance of 99.69 feet to a line parallel with and 110.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6; THENCE South 00'20'48 East along said parallel line a distance of 1256.23 feet to the Westerly most South line of the deeded parcel at Reception No. 3579844; THENCE South 88'20'04' West along the South line of sold deeded parcel a distance of 20.01 feet to a line parallel with and 90.00 feet Easterly of, as measured at o right angle to the West line of the NW1/4 of Section 6; THENCE North 00'20'48 West along said parallel line a distance of 1264.86 feet; THENCE North 44'06'38 East a distance of 99.69 feet; THENCE North 00'20'48 West a distance of 30.01 feet to the North line of the NW1/4 of Section 6 and to the POINT OF BEGINNING. Said described parcel of land contains 27,891 Square Feet or 0.640 Acres, more or less. SURVEYOR'S STATEMENT I, Paul B. Groves, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. t PPDO 7 1111 rQPJCs '70�; l/l M• 382O9 `41 a ii m•; °; 1 110\4 C LAN"' ‘\%V•��• Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38209 PERMANENT EASEMENT .A., WELD COUNTY DEPARTMENT AQUISITION ‘ai OF PUBLIC WORKS QE-59 49 CORRIDOR PROJECT BETWEEN WCR(s)36& 38 AMENS W(R 49 KI\G Si.RVC\Y)RS PROJECT NO SRP-26 SCALE: N/A fl I O ,.i, WELD OtiN . ULRAI)U ��,a �,�. DATE, ?-13-Ij DRAWN BY SAS SHEET I al 2 4150819 Pages: 8 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO uIII MiFa!Yr': r Id III II EXHIBIT. B POINT OF BEGINNING L1 rL2 ` -NCR 38- • _ • NW CORNER • ..r° L30' EXISTING RIGHT OF WAY FOUND //88 REBAR W/2.5 �•� (BOOK 86 PAGE 273) ALUid. CAP ILLEGIBLE IN MONUMENT BOX I NONE POINT OF COMMENCEMENT According to Colorado low you must commence any legal action based upon any defect In this survey within three years after you first discover such defect. In no event may any cotton based upon any defect In this H MIN DSKEE1'E1{, 1,1.O I) survey be commenced more than TARC.#l_13U1(-0001_ ten years from the date of the f certification shown hereon. 121301000014 (13-80-105 C.R.S. 2012) RECP.#2584940 & 2584941 I I NOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's sole purpose is as a graphic representation to aid 20' PERMANENT EASEMENT in the visualization of the written I I property description whtch It 27,891 sf. OR 0.640 GO, t occompanise. The written Property description supersedes • the exhibit drawing. M N CO o TODD A. & RHONDA R. p2i I N N AMENS N ce a , PARC.#121506000019 W co 3 RECP.#3579844 a,ol o 0 to O No O o am z cn LINE TABLE Nvl I LINE BEARING LENGTH . L1 N88'28'57"E 159.85' NE 1/4 51 T3N R65W l I I L2 N88'28'57"E 20.00' l i L3 SOO'20'48"E 38.59' L4 S44'06'38"W 99.69' I II NW1/4 l $6-T3N-R64W R64W L5 S88'20'04"W 20.01' L6 N44'06'38"E 99.69' Ii L7 N00'20'48"W 30.01' I EXISTING RIGHT OF WAY Ij' 40' XI (BOOK 1046 PAGE 37) WEST QUARTER CORNER I I L5 S8-13N-R84W I i FOUND /8 REBAR W/2.5' I I ALUM. CAP LS 12374 1995 IN MONUMENT BOX PERMANENT EASEMENT .A. WELD COUNTY DEPARTMENT ACQUISITION 4a r;# OF PUBLIC WORKS PE 55 till1:4, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 36& 38 AMENS �k'CR 49 KING Sl'Rl"I:\T S PROJECT NO: SRP-26 SCALE. I"=200' 4150819 Pages: 9 of 13 """"`' " °"'""' DATE 5-I;-1 i DRAWN BY SAS SHEET: 2 of 2 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO IIIII INCI INVir.1«11 d;lkttiit 41126,K110 illkil ii, 111111 EXHIBIT-C 55-AMEN-TCE PROPERTY DESCRIPTION A parcel of land for easement purposes, being a port of that land described in a Deed recorded September 23, 2008 as Reception No. 3579844 of the Records of Weld County, located in the Northwest Quarter (NW1/4) of Section Six (6), 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: COMMENCING at the Northwest corner of said Section 6 and assuming the West line of the NW1/4 of Section 6 as bearing South 00'20'48 East being a Grid Bearing of the Colorado State Plane Coordinate System; North Zone, North American Datum 1983/2007, a distance of 2640.29 feet with all other hearings nnntnineri herein relative thereto: THENCE North 88'28'57 East along the North line of the NW1/4 of Section 6 a distance of 159.65 feet to the POINT OF BEGINNING; THENCE North 88'28'57" East continuing along the North Line of the NW1/4 of Section 6 a distance of 20.00 feet; THENCE South 00.20'48 East a distance of 38.59 feet; THENCE South 44'06'38 West a distance of 99.69 feet to a line parallel with and 110.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6; THENCE South 00.20'48 East along said parallel line o distance of 1256.23 feet to the Westerly most South line of the deeded parcel at Reception No. 3579844; THENCE South 88'20'04 West along the South line of said deeded parcel a distance of 20.01 feet to a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6; THENCE North 00'20'48 West along said parallel line a distance of 1264.86 feet; THENCE North 44'06'38" East a distance of 99.69 feet; THENCE North 00'20'48 West a distance of 30.01 feet to the North line of the NW1/4 of Section 6 and to the POINT OF BEGINNING. Said described parcel of land contains 27,891 Square Feet or 0.640 Acres, more or less. SURVEYOR'S STATEMENT 1, Paul B. Groves, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. wb,DO yC�11 O A ''Oc?,: I • 38209 .� , n• : 0i ..C' • P LANG".. Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38209 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT AQUISITION t'1 � OF PUBLIC WORKS -44.. �►�, WCR 49 CORRIDOR PROJECT \ BETWEEN WCR(s)36& 38 AMENS WC' 49 KING SCR\I',AORS PROJECT NO: SRP-26 SCALE N/A \\Elf)CUl11'.1'i COI UR Ant) "'" DATE 5-1.1-15 DRAWN BY SAS SHEEL I of 2 4150819 Pages: 10 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■III 14!��'!a�i.21/41U Ng 'POi F.ft "Ill EXHIBIT-C POINT OF BEGINNING L1 rL2 • . . -VICR 38 - . NW CORNER `° L30' EXISTING RIGHT OF WAY FOUND #6 ®AR W/25' `� (BOOK 86 PAGE 273) ALUM. CAP ILLEGIBLE IN MONUMENT BOX NOTICE POINT OF COMMENCEMENT According to Colorado law you must I commence any legal action based upon any defect In this surrey within three years after you first discover i such defect. In no event may any HOI 1NDS}BEEPER, 1. }i. action based upon any defect in this survey be commenced more than PARC.#12130 10000 15 & ten years from the date of the certification shown hereon. 121301000014 I I (13-80-105 C.R.S. 2012) RECP.#2584940 & 2584941 I NOTE: to be a mdrawing umentalized • I land survey. It's sole purpose is as a graphic representation to aid 20' TEMPORARY EASEMENT in the vtsuaiizatton of the written I 27,$91 Si.t OR O. OC. t acccompan� Cm written it property description supersedes the exhibit drawing. M 1:1131 I c0 CNI TODD A. & RHONDA R. g zI co N AMENS CO a • : ' .- PARC.#121506000019 m 3 o RECP.#3579844 d P's o o m z LINE TABLE (13I ; LINE BEARING LENGTH • L1 N88'28'57"E 159.85' NE 1/4 S1-T3N-R65W I I I L2 N88'28'57"E 20.00' L3 SO0'20'48"E 38.59' L4 S44'06'38"W 99.69' I I NW 1/4 I $6-T3N-R64W L5 S88'20'04"W 20.01' • L6 N44'06'38"E 99.69' II L7 N00'20'48"W 30.01' 40' EXISTING RIGHT OF WAY -1---. ---i- (BOOK 1046 PAGE 37) NEST QUARTER CORNER I I L5 SB-T3N-R64W FOUND /8 REBAR W/2.5' I I ALUM. CAP LS 12374 1995 IN MONUMENT BOX TEMPORARY EASEMENT .A. WELD COUNTY DEPARTMENT ACQUISITION b� P•4•0 OF PUBLIC WORKS re-ss k�il ►l. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36& 38 AMENS W(R 49 Kim; Sl'RV I'YOK- PROJECT NO: SRP-26 SCALE. I"=200' 'l""""K"'''"''''''''" DATE 5-1?-I5 DRAWN BY: SAS SHEET 2 o 2 4150819 Pages: 11 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly K.oppes; Clerk and Recorder. Weld County, CO lIII 1F,M,V.MfN NOILIFlN1I4„IIG Id MN, ilii iiii II II 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 8 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 L z 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, m ro m 3 — Colorado. • m. m w � Unless special provisions are listed below and/or attached, the above constitutes the entire agreement o (v.?, i P w between the parties and no additional or different oral representation, promise or agreement shall be N 8 binding on any of the parties with respect to the subject matter of this Grant of Easement. otla• m rmrY d m N NU v r=11 W/O# Map No.: Part of Section ,Township ,Range °;NI o- N 6`h P.M.,County of ,State of Colorado 00 .9 r� SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: BY: STATE OF [STATE] ) [INDIVIDUAL]ACKNOWLEDGEMENT COUNTY OF [COUNTY] ) 1, , 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 NAME] 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: 4150819 Pages: 13 of 13 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder. Weld County, CO 1111 ki ralklri: MiA llK'L 11,1%16'd'i e,Li •1 II 1 W/O# Map No.: Part of Section ,Township ,Range 6th P.M.,County of_ ,State of Colorado 181 _ MEMORANDUM TO: Clerk to the Board DATE: 1/26/2016 O_UNTYt I FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Agreement under Doc#2015-3283 Warranty Deed with Todd A. and Rhonda R. Amen - WCR 49 Corridor Project. RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-3.doc )0 /T-17 )QtflaJa 02-o►S-383 a- I - �, 02 , L EG oO7� WARRANTY DEED THIS DEED made this_ / day of J. , 20 l(p, between Todd A. Amen and Rhonda R. Amen of the County of Weld, State of olorado, 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: 24138 Weld County Road 38, LaSalle, 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. 4178686 Pages: 1 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III{ «hll� l��12!: ""�til��'li�i�:�i"�� .�lf:�'CP��'� A 11 111 �/5� 00a,3 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Todd A. Amen, Owner : ': •a I' . Ame., I, er State of C L ) )ss. County of k."—L-c> ) The foregoing instrument was acknowledged before me this21 st day of`3Siw0 2y, 20/6 , by Todd A. Amen and Rhonda R. Amen, Owners. JAMES R. FLESHER NOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: it, 4178686 Pages: 2 of 5 00 D Fee:$0@0 Carly Koppel 02/04/2016 01:26 PM R $0 ��■y�l `' �I III Clerk and RecorFeede:r, Weld County CO ■III t�!�.r�LY't I��Jr 1�4Rtillh�tik�;� w 1 � +�l 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 / s/ day of , 2016. ATTEST: tie �C,�Gto%�,�, BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: . t. t 1 Y: ,rl ✓LQ�2. D y Clerk t• the B r• ; ��,.;, *1 Mike Freeman, Chair FEB 0 1 2016 1/42 STATE OF COLORADO )ss COUNTY OF WELD he foregoing instrument was acknowledged before me this / sT 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 Pu is My commission expires: loy/q o9--DY CHERYL LYNN HOPFMlAN NOTAI OUSLIC STATE ok, othallADo NOTARY ID 2J144J•48J44 MY COMMISSION LXPIRLS LC. 19, 2018 4178686 Pages: 3 of 5 02/04/2016 01:26 PM R Fee:$0I.00 D Fete:$0.00Carly Koppes, Clerk and Recorder, Weld County, CO /' !j �/y� n /�) ,III III��II I��IHrilelitiLkiiI IND&lir , ,llll O2V��./ 2a2/ EXHIBIT-A 55-AMEN-ROW PROPERTY DESCRIPTION A parcel of land, being a part of that land described in a Deed recorded September 23, 2008 as Reception No. 3579844 of the Records of Weld County, located in the Northwest Quarter (NW1/4) of Section Six (6), 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: COMMENCING at the Northwest corner of said Section 6 and assuming the West line of the NW1/4 of Section 6 as bearing South 00'20'48" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2640.29 feet with all other bearings contained herein relative thereto; THENCE North 88'28'57" East along the North line of the NW1/4 of Section 6 a distance of 40.01 feet to the East Right of Way line of Weld County Road 49 recorded June 7, 1939 in Book 1046 Page 37 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 88'28.57" East continuing along the North line of the NW1/4 of Section 6 a distance of 119.84 feet; THENCE South 00'20'48" East a distance of 30.01 feet; THENCE South 44'06'38" West a distance of 99.69 feet to a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6; THENCE South 00'20'48" East along said parallel line a distance of 1264.86 feet to the Westerly most South line of the deeded parcel at Reception No. 3579884; THENCE South 88'20'04" West along said South line a distance of 50.01 feet to the East line of said Right of Way, THENCE North 00'20'48" West along the East Right of Way of Weld County Road 49 a distance of 1364.73 feet to the North line of the NW1/4 of Section 6 and to the POINT OF BEGINNING. Said described parcel of land contains 72,762 Square Feet or 1.670 Acres, more or less. TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of land described in a Deed recorded September 23, 2008 as Reception No. 3579844 of the Records of Weld County. Said described parcel of land contains 54,591 Square Feet or 1.253Acres, more or less. SURVEYOR'S STATEMENT I, Paul B. Groves, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. S OS.' - 6- " r 'a 38209 is) W. Y�.. i ••• �ws t � ; / /, :� . 149;\'''')// r t , 5.: e Ar il11 `°NAB �O� � Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38209 RIGHT OF WAY 4A�- WELD COUNTY DEPARTMENT 1lli r�i OF PUBLIC WORKS ACQUISITION � ICW-5. � ► WCR 49 CORRIDOR PROJECT \S, BETWEEN WCR(s)36&38 AMENS U/O1:241) KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 15'indor.Colorado 80550 4178686 Pages: 4 of 5 °' '°"'@ `°g5°""=yer'°°'n DATE. 5-13-I5 DRAWN BY SAS SHEET 1 of 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO EIII wind! 7V Ii'lbAL1' lF MPRi1/2,4.M'i11 E4, 1I II1 EXHIBIT-A POINT OF BEGINNING 111 L2 _ . . - . . -1iC'R . P- - NW CORNER b i L30' EXISTING RIGHT OF WAY $6—T3N—RB4W FOUND 0REBAR W/2.5' �' (BOOK 86 PAGE 273) ALUM. CAP ILLEGIBLE To IN MONUMENT BOX / WGE POINT OF COMMENCEMENTion, % CL s t.TRt1 E�iE{v According to Colorado law you must as 1� SE ;cN ter! comment,. any legal action bawd upon any defect in this surrey within three years --(NCB 'MUM PROVIDED) i �,- ! DOGS 128r) PaGE 11.9 often you first discover with defect. In no J event may any action based upon any HOUNDSjR�'`EPER, LTD I RECORDED I7_08-1950 defeat k1 thb WNW be oommencad more than ten years from the date of the PARC.#12 1301000015 & ftl certification shown hereon. (13-80-105 C.R.S. 2012) 121301000014 I ADDITIONAL RIGHT-OF-WAY RECP.#2584940 & 2584941 - ' " 72,762 sf.± OR 1.588 GC.± 0) 7 4.4ei NOTE: This eshibit drawing Is not lntsndrd cNi CD C Z_ ',,-/It?!,,, to be a monumentalized land survey. It's sole graph representation 3 /./;;;.1.,74pptoor aW in visualization of the written t%1 w //k"'54Tc� pproroipptt�ira{n which R accompanies. w 0 // the rfdnbit drawing.y derRxipttan euperwdes *0O 7', TODD A. & RHONDA R. c a AMENS V:)"-'1 ?. v PARC.#121506000019 RECP.#3579844 ,p w T g� Pi LINE TABLE to LINE BEARING LENGTH L1 N8828'57'E 40.01' NE 1/4 L2 N88'28'57'E 119.84' S1-T3N-R65W I I / L3 S00'20'48"E 30.01' L4 S44'06'38'W 99.69' ;/ NW 1/4 L5 S88'20'04'W 50.01' 56-T3N-R64W I 40' EXISTING RIGHT OF WAY 1--'' (BOOK 1046 PAGE 37) WEST QUARTER CORNER I I''I L5 Sd-T3N-R64W I I FOUND #6 REBAR W/2.5' I I ALUM. CAP LS 12374 1995 IN MONUMENT BOX RIGHT OF WAY 4", WELD COUNTY DEPARTMENT ACQUISITION i'' '�� OF PUBLIC WORKS 421 ��ik, ►1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 AMENS WCR 40 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=200' r 1 Windsor.Colorado 80554 4178686 Pages: 5 of 5 I rnu'I'''n@hi„gsn'e'''c.coor DATE: 5-13-15 DRAWN BY: SAS SHEET: 2 of2 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 - Carly Koppes, Clerk and Recorder, Weld County, CO ■III Mlitirri LI:Dit INS'IIMYELF:h412110 14,it i ii, II III Hello