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Home My WebLink About20153420.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -JAMES AND ALICE SMITH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and James and Alice Smith, 23798 County Road 50, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and James and Alice Smith, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2015-3420 CC.R,,J Q,S/1311/112._ EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - JAMES AND ALICE SMITH 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 W LD COUNTY, COL RADO ATTEST: �� ;t.�'. Barbara Kirkmeyer, hair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: D:pity Clerk to t, a Board EL , n P. Con ,.y APPROVED AS TO FORM: t 1861 1 ► . �►� �� ad.>`f-1 ,51-1 4610 A. Cozad ounty Attorney y Steve Moreno Date of signature: f II 2015-3420 EG0072 MEMORANDUM TO: Clerk to the Board DATE: October 14, 2015 v3c 0 T Y FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with James R. and Alice B. Smith. RECEIVED OCT 15 2015 COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-2.doc 2015-3420 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN JAMES R. SMITH AND ALICE B. SMITH AND WELD COUNTY, COLORADO 1-I1 THIS AGREEMENT is made this op day of 2015, by and between JAMES R. SMITH AND ALICE B. SMITH,whose address is 23798 County Road 50 La Salle, CO 80645,hereinafter collectively referred to as"Owner,"and the COUNTY OF WELD, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the"Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement 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 Five Thousand Two Hundred Fifty Dollars, ($5,250.00. 2. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Eighty One Dollars, ($581.00). 3. If this agreement is executed and returned to our office on or before August 11, 2015 the County shall pay the amount described in Paragraph Three "3" of the 4153580 Pages: 1 of 10 o/6 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO Page 2 of 5 County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 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 and specifically subject to the prescriptive rights and rights of way for the existing irrigation ditch and access road located within the aforementioned Public Road Right of Way as discussed in paragraph 6 under COUNTY'S RIGHTS AND RESPONSIBILITIES below, 7. 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. 8. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January 1, 2018, or upon the completion of the Project, whichever is earlier. 9. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 10. 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. NE 11. 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. U- T 12. Owner shall pay any encumbrance associated with the Public Road Right-of-Way m3?a and the Temporary Construction Easement which is required to be paid, including, 3 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 oLL o ti when Owner delivers the Warranty Deed to. Owner is solely responsible for the ��m payment of any amounts owed to a third party holding a security or other ownership ma ti A interest in the Public Road Right-of-Way and Temporary Construction Easement. iv -L COUNTY'S RIGHTS AND RESPONSIBILITIES: . coNo �m av el - Z:\WELDCNTY\C4O#I8\PHASE I\SMITH\REV Compromise Agreement-Warranty Deed-FINAL 8-I 0-15rev2'.docx r, Page 3 of 5 . 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 Seven Thousand Five Hundred Eighty One Dollars ($7,581.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before August 11,2015. If the agreement is not signed and returned on or before August 11, 2015, the County shall maintain its current offer of Fair Market Value of Five Thousand Eight Hundred Thirty One Dollars ($5,831.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit"B" to a level comparable to its original condition subject to the relocation of the access road and irrigation ditch discussed in paragraph 6 below. 5. County shall at closing pay to the Owner the amount of Fifty Thousand Three Hundred and Twenty Nine Dollars ($ 50,329.00) for compensation of gravel road improvements, concrete lined ditch relocation, irrigation pipe relocation and extension and the existing loafing shed adjacent to the new right of way. 6. 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 the subsequent maintenance of said fence. Prior to the construction of the WCR 49 Ni Corridor improvements and any modification to the existing access road and irrigation ditch improvements currently in place within the proposed Public Road o z Right of Way on Owner's property,the County will endeavor to obtain agreements lam to relocate said access and irrigation facilities as necessary with third parties that have legal rights to use said improvements. The County's construction contractor, at its sole expense, shall be responsible for the relocation of the aforementioned a 3 al- access road and the extension of the existing Neres irrigation ditch onto Owner's adjacent property. At such time as the project design has fully defined the - v- relocation of said improvements, the County shall acquire additional easements as emi Cr) necessary to accommodate the relocation of said access road and irrigation ditch ce from Owner, said easements subject to the mutual and reasonable agreement of the Am L Owner, the County and the aforementioned third parties. a L) -_ m VIa- N 0, 0in Z:AWELDCNTY\C40#18\PHASE I\SMITH\REV Compromise Agreement-Warranty Deed-FINAL 8-I0-15rev2'.docx Page 4 of 5 MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no 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. U- _r` O1- 8.11 V`cs/m N .3 L - ALL o on- • y�� IN WITNESS WHEREOF, the parties have set their hands on the day and year first above w a °' - written. �1�m L,V Yq 0.. v-y BU • inor W r ^a coN o_ ON a Z:\WELDCNTY\C40#I8\PHASE I\SMITH\REV Compromise Agreement-Warranty Deed-FINAL 8-10-15rev2'.docx Z• ' U- Page 5 of 5 OWNER: JAMES R. SMITH AND ALICE B. SMITH c.%iL, rJ -,-/--- Q..........4„ , , „ ./ ..,„.__., .1_, ---`'— Japies R. Smith Alice B. Smith Date: ,H(4,“;-.4- </ v /4 ATTEST: CC . BOARD OF COUNTY COMMISSIONERS C/� fie. �C,Lso Weld C my Clerk to the Board W LD COUNTY, C LORADO BY: ka _ [mot JAI inft - Deputy Cl k to the B arbara Kirkmey r, Chair OCT 2 6 2015 APPROVED AS TO F ' �� !� PPROVED AS SUBSTANCE: ' --gaddia _) - •:-- , ) c_-_ ---2---,--,( -(1c; Controller / �'�,'"` a 1Y„ E -ct-: : ' ial or Department Head APPROVED AS TO FORM: is I'J /, Ps Director of General Services County Attorney Z:\WELDCNTY\C4O#18\PHASE I\SMITH\REV Compromise Agreement-Warranty Deed-FINAL 8-10-15.docx 4153580 Pages: 5 of 10 026/x-.-3/". 10/28/2015 10:50 AM R Fee:$0.00 Carly Kopp'es, Clerk and Recorder,.Wel, County, CO ' VIII l��IT,�R,rtilla�i i«ir NP.Tili M�M�kfilki N �l til, NI II LEGAL DESCRIPTION TO BE REVISED AT CLOSING TO INCLUDE EXISITING COUNTY ROW. EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1055-01-1 RE-4974, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3683456 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NE1/4 OF SECTION 1, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3467013 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT B FROM WHICH THE NORTHEAST CORNER OF SAID LOT B BEARS NOO°33'06"W, 1138.41 FEET, THENCE S89°26'54"W, 40.00 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 30 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING' THENCE NOO°33'06"W, 1108.50 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50; THENCE S89°34'21"W, 120.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50; THENCE S45°29'23"E, 99.10 FEET; THENCE SOO°33'06"E, 319.14 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 573.57 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02°06'19" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°30'03"W, 573.54 FEET; THENCE S01°33'13"W, 146.12 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE N89°26'54"E, 65.91 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 61,822 SQUARE FEET (1.419 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-32 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)48 &50 JAMES R. SMITH COLON SPRINGS (719)260-0687 ALICE B. SMITH °R"ID""""°" (°'+°)ssv-1ss° PROJECT NO. SRP-26 SCALE: N/A WCR 49 DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2 4153580 Pages: 6 of 10 10/28/2015 10:50 AM R Fee:$0.00 1111 y Kopples, Clerk land R'cords,, Weld CnuntlY CO II L �I II EXHIBIT-A EXISTING 60' ROW '' , COUNTY MAINTAINED S89 34 21 W 120.00'- RD100/206 NE CORNER RD.BK.4/PG.229 7-7-1886 I S1-T4N-R65W C&R B-48/P-275 &299 I ' (NE COR. LOT B) APPROX. ROW LOCATION - SECTION LINE -_ w - -- - _ A WICR 50- - - S8s89-337:27=7771- - -1l llJJLl�� S45°29'23"E 99.10' EXISTING 10'x10' 1/4 CORNER VALVE SITE S1-T4N-R65W R65W EASEMENT, RECEPTION 0i'" • #02349749 *EXISTING 40' ROW ;-) IP I (NE 1/4 OF NE 1/4 S1) w'" linI I(p BK 1046/PG 30 M ARD RECP#819306 -�' ip � ' N JAMES R. SMITH & 6-7-1939 O O O 3 ALICE B. SMITH ' o OD I NW 1/4 CORNER LOT B, RECORDED EXEMPTION co S6-T4N-R64W #1055-01-1 RE-4974 { o I EDMONDS PARCEL #1055-01-1-00-005 L=573.57' �'� z I RECEPTION # 3467013 R=15610.00' ' A=02°06'19" ti, . NOTE THIS EXHIBIT MAP DOES CH=SO°30'03"W NOT REPRESENT A MONUMENTED 573.54' s' LAND SURVEY OR LAND SURVEY : --I PLAT. IT IS INTENDED TO I ILLUSTRATE THE ATTACHED VARIABLE WIDTH �I PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY ACQUIRED � : 61,822 SQ.FT.± OR 1.419 AC.± d WALKER HARVEY VERNON MABIS II LOT A, RECORDED EXEMPTION S1°33'13"W 146.12' ., I #1055-01-1-RE 2035 . N89°26'54"E 65.91' PARCEL #1055-01-0-00-047 I P.O.C. ?' SE C0R. LOT B RECEPTION #3800059 (ENTIRE PARCEL NE 1/4 ;PN89°26'54"E SEPARATELY ACQUIRED S1-T4N-R65W 03. 1' r :65 4"W 40.00 . I DINNER C0ALVIEW S89°28 25"E 2594.10' I I I i I COBB FARM, LLC I 1 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-32 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Eineers/surveyors (303) 442-4338 BETWEEN WCR(s)48&50 JAMES R. SMITH COLORADO s, (719)260-9987 ALICE B. SMITH :RAM"'WARN (°7°l ss7—"6° PROJECT NO. SRP-26 SCALE: 1"=200' smEr (vro)ssi-os+s WCR 49 WFI n CCU INITV Cni no A nc DATE: 11-18-14 DRAWN BY: TLT SHEET: 2 of 2 4153580 Pages: 7 of 10 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ■III kic1R'nW+;'Ita.«l+'k'I'Ph+MAIM'Atlii'm I,'i, III III EXHIBIT-B PROPERTY DESCRIPTION TEMPORARY EASEMENT (1 of 2): A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT B, RECORDED EXEMPTION NO. 1055-01-1 RE-4974, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3683456 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NE1/4 OF SECTION 1, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3467013 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT B FROM WHICH THE NORTHEAST CORNER OF SAID LOT B BEARS NOO°33'06"W, 1138.41 FEET, THENCE S89°26'54"W, 40.00 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 30 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°33'06"W, 1108.50 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50; THENCE S89°34'21"W, 120.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50 TO THE TRUE POINT OF BEGINNING: THENCE S45°29'23"E, 99.10 FEET; THENCE SOO°33'06"E, 319.14 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 573.57 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02°06'19" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°30'03"W, 573.54 FEET; THENCE S01°33'13"W, 146.12 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE S89°26'54"W, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT B; THENCE N01°33'13"E, 146.86 FEET TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY, 572.84 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15590.00 FEET, A CENTRAL ANGLE OF 02°06'19"AND BEING SUBTENDED BY A CHORD THAT BEARS NOO°30'03"E, 572.81 FEET; TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS TE-32 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT EaQineere/Surveyors (303) 442-4338 BETWEEN WCR(s)48&50 JAMES R. SMITH -41-- COLON SPIONC8 (710)280-088.,, ALICE B. SMITH :RAND `IN `D701 7-1960 PROJECT NO. SRP-26 SCALE: N/A >�.er tyro)sal-oaae WCR 49 wii r ml IxIm , i"" •— DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 3 4153580 Pages: 8 of 10 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII MN/ 0%1U Ile &IA 11111 EXHIBIT-B PROPERTY DESCRIPTION TEMPORARY EASEMENT (2 of 2): THENCE NOO°33'06"W, 310.87 FEET; THENCE N45°29'23"W, 110.87 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50; THENCE N89°34'21"E, 28.31 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 22,794 SQUARE FEET (0.523 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS TE-32 1800 38th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Englneere/Surveyors (303) 442-4338 BETWEEN WCR(s)48&50 JAMES R. SMITH COLORADO s (no)2eo-oeev ALICE B. SMITH GRAND SON 71-�° PROJECT NO. SRP-26 SCALE: N/A csmsr cvo>235571:1350xi-oe,e WCR 49 WGr r,r'r.i?.STN, ^^ • DATE: 11-18-14 DRAWN BY: TLT SHEET: 2 of 3 4153580 Pages: 9 of 10 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes Clerk land Recorder. Weld County, CO 1111�!�� .tit�'I�: � ��'k�,��.��k� •1 II EXHIBIT-B EXISTING 60' ROW ' • ' , COUNTY MAINTAINED S89°34'21"W 120.00'- NE CORNER RD100/206 RD.BK.4/PG.229 7-7-1886 T.P.O.B.- , S1-T4N-R65W C&R B-48/P-275 &299 N89°34'21"E 28.31' ' 1 (NE COR. LOT B) APPROX. ROW LOCATION SECTIOLINE - �� - - - - , W� .�� 89-83412711=62=71-.. . -- - _ - _ S45°29'23"E 99.10'- EXISTING 10'x10' 1/4 CORNER VALVE SITE S1-T4N-R65W N45°29'23"W 110.87' N EASEMENT, R4 RECEPTION 6 7 #02349749 *EXISTING 40' ROW '`1 M I (NE 1/4 OF NE 1/4 S1) 3 h ICI BK 1046/PG 30 -co " 103 ARD RECP#819306 O o ro N JAMES R. SMITH & 6-7-1939 O ALICE B. SMITH o in i NW 1/4 CORNER LOT B, RECORDED EXEMPTION co $6-T4N-R64W 3I 0z #1055-01-1 RE-4974 EDMONDS PARCEL #1055-01-1-00-005 o RECEPTION # 3467013 L=572.84' z R=15590.00' =o2°06'19" L=573.57' CH=NO°30'03"E NOTE: THIS EXHIBIT MAP DOES 572.81' x I R=15610.00' NOT REPRESENT A MONUMENTED - I X02°06'19" LAND SURVEY OR LAND SURVEY , 'r "4- CH=SO°30'03"W PLAT. IT IS INTENDED TO 20 TEMPORARY 0 I 573.54' ILLUSTRATE THE ATTACHED EASEMENT ACQUIRED -- PROPERTY DESCRIPTION ONLY. 22,794 SQ.FT.± OR 0.523 AC.± 1 WALKER HARVEY VERNON MABIS II LOT A, RECORDED EXEMPTION N1°33'13"E 146.86' S1°33'13"W 146.12' #1055-01-1-RE 2035 I S89°26'54"W 20.01'PARCEL #1055-01-0-00-047 I P.O.C.SE COR. LOT B RECEPTION #3800059 NE 1/4 ; N89°26'54"E S1-T4N-R65W 71' \-S89°26'54"W 40.00 J I DINNER COALVIEW S89°28'25"E 2594.10' I I COBB FARM, LLC TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS TE-32 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-439f) BETWEEN WCR(s)48&50 JAMES R. SMITH 0 COLORADO SPRINGS (no)zeo-sew ALICE B. SMITH ^ °RAI° °„ `°i°1ze9—te6° PROJECT NO. SRP-26 SCALE: 1"=200' WCR 49 WELD COUNTY.COT.ORAnn DATE: 11-18-14 DRAWN BY: TLT SHEET: 3 of 3 4153580 Pages: 10 of 10 10/28/2015 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MI.IM%Iii IIIIVIWITIVF1kNI Nairiiinilik,1i Ill II I 18 MEMORANDUM TO: Clerk to the Board DATE: 1/1 11' oNrY 'LEIVED FROM: Leon Sievers/Tiffane Johnson JAN 18 2016 Public Works Department WELD COUNTY SUBJECT: Consent Agenda Item COMMISSIONERS RE: Agreement under Doc#2015-3420 Warranty Deed with James R. and Alice B. Smith for the WCR 49 Corridor Project between WCR(s)48 & 50. M:\Francie\AGENDA memos\Agenda-Leon-3.doc vd. k-PiA)(Lcif-4r6) D/ 1 /!0 020/5--3 t WARRANTY DEED THIS DEED made this /L/ day of 2&\L , 20/Z , between James R. Smith and Alice B. Smith 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: 23798 Weld County Road 50 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. 4175042 Pages: 1 of 5 01/25/2016 12:35 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �/�r to peon N I�il��'i ;k�'�411uh k111'I��i�Kri,'I" 1101 Sho • IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. r M n ( /r),-, , ‘,,J/ J es R. Smith, Owner Alice B. Smith, Owner State of 6::1c,` c ) )ss. County of Ide—i d ) y The foregoing instrument was acknowledged before me this / `( day of , cht,;zii-1, 20/.6 ,by James R. Smith and Alice B. Smith, Owners. ,J JAMES R.FLESHER Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 1,40/444,- -(2---)//2--•1.4-7-- tary Public My commission expires: ib//,9 4175042 Pages: 2 of 5 01/25/2016 12:35 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MIKE illy I IIII,I,A14' II«P11M11 1.i iiii, 111111 r 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 p20 T l day of , 2016. didahl ATTEST: •aC.Gto•K COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER ��' s Lam STATE OF COLORADO THE COUNTY OF WELD �y _ 'tot biu /� BY �:>Iu. '. � 't 1 BY: . Dep y Clerk to the Boar•"\ Mike Freeman, Chair JAN 2 0 2016 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me th•is c day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF E COUNT OF WELD. Witness my hand and official seal. Notary Publi My commission expires: /�/y OW CHERYL LYNN HOIrMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMI;;SIJN `Xr' R . C. i9, 2018 4175042 Pages: 3 of 5 Carly Koppes, Clerk 01/25/2016 Y1 12■I:■135 PM IR Fee:$0.00$01f.100 DI1■IFe■'e Fee:$0.00 ..00W'I1 '�l> 1111 Illl��ff I■ f11 I and -II��1 ��1-111 ■111 �Ii1 ,I III (./"v��' r_ • EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1055-01-1 RE-4974, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3683456 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NE1/4 OF SECTION 1, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3467013 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT B FROM WHICH THE NORTHEAST CORNER OF SAID LOT B BEARS NOO°33'06"W, 1138.41 FEET, THENCE S89°26'54"W, 40.00 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 30 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING; THENCE NOO°33'06"W, 1108.50 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50; THENCE S89°34'21"W, 120.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50; THENCE S45°29'23"E, 99.10 FEET; THENCE SOO°33'06"E, 319.14 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE SOUTHERLY, 573.57 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02°06'19" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°30'03"W, 573.54 FEET; THENCE S01°33'13"W, 146.12 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE N89°26'54"E, 65.91 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 61,822 SQUARE FEET (1.419 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 4175042 Pages: 4 of 5 01/25/2016 12:35 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III 1I1N«IL UMI +�M�hN�ir �l �hi�rh ■1 111 WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION RW-32 Drexel, Barrell & Co. 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Englneera/Surveyore (909) 442-4338 BETWEEN WCR(s)48&50 JAMES R. SMITH 0 coroe&oo aeenras n�a)eeo-oeet ALICE B. SMITH rip 0""S0" (c�1)23:17-126° PROJECT NO. SRP-26 SCALE: N/A �-ae,e WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2 EXHIBIT-A EXISTING 60' ROW ' a COUNTY MAINTAINED S89°34'21"W 120.00'- , NE CORNER RD100/206 I RD.BK.4/PG.229 7-7-1886 S1-T4N-R65W C&R B-48/P-275&299 I I (NE COR. LOT B) APPROX. ROW LOCATION SECTION LINE - W� �_ �� - ii - S899534'21rW 2621.97 _ _ �� - - ' zr EXISTING 10'x10' S45 29 23 E 99.10' �, f ; 1/4 CORNER rs VALVE SITE EASEMENT, S1-T4N-R65W R65W �_ RECEPTION oiI " i #02349749 *EXISTING 40' ROW I ,. (NE 1/4 OF NE 1/4 Si) w � co En I BK 1046/PG 30 I oo ARD RECP#819306 9 t JAMES R. SMITH & 6-7-1939 M O r p 3 ALICE B. SMITH o M• I NW 1/4 CORNER LOT B, RECORDED EXEMPTION ' ry _ "' 0 I S6-T4N-R64W 3 #1055-01-1 RE-4974 EDMONDS PARCEL #1055-01-1-00-005 .'ID I o Z RECEPTION # 3467013 R=15610.001 * I A=02°06'19" %f NOTE: THIS EXHIBIT MAP DOES CH=SO°30'03"W NOT REPRESENT A MONUMENTED 573.54 �t I LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 1 ILLUSTRATE THE ATTACHED VARIABLE WIDTH PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY ACQUIRED i r , 61,822 SQ.FT.± OR 1.419 AC.± 1 WALKER HARVEY VERNON MABIS II LOT A, RECORDED EXEMPTION S1 33 13 W 146.12' I #1055-01-1-RE 2035 � N89°26'54"E 65.91' f` PARCEL #1055-01-0-00-047 I P.O.C. SE COR. LOT B RECEPTION #3800059 PROPERTY LINE (ENTIRE PARCEL NE 1/4 N89°26 541 E SEPARATELY ACQUIRED S1-T4N-R65W 203.91' S89°26'54"W 40.00 BY WELD COUNTY) I T.P.O.B. S89°28'25"E 2594.10' ! I : I COBB DINNE R COALVIEW FARM, LLC I I WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION � Drexel, Barrell & Co. 1800 98th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Englneere/Surveyore (909) 442-4338 BETWEEN WCR(s)48&50 JAMES R. SMITH -� COLON SPRINGS 1 Zee-0887 ALICE B. SMITH 6B"1D J°` " t°7°1 247-1'°° PROJECT NO. SRP-26 SCALE: 1"=200' car (o'►e)�sr—°e,a WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 2 of 2 4175042 Pages: 5 of 5 01/25/2016 12:35 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIkir.tIlErHaldal+ AN iYIAN1 NIIIU11WO',Li 11111 Hello