HomeMy WebLinkAbout20153586.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 27 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - NELSON AND STACIE HOLLAR
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 and Temporary Construction Easement for Certain Improvements
to County Road 27 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 Nelson
and Stacie Hollar, 12443 County Road 76, Eaton, Colorado 80615, 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 27 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 Nelson and Stacie Hollar, 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.
qdCl
i-02,9 2015-3586
EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 27-NELSON AND STACIE HOLLAR
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of November, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST:d ,,,,��,,// G�iS�,�� �C1to�� arbara KirkmeyerA Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
D- it ty Clerk to th. Board
�`• `i n P. Conway
APPROVED AS TO FORM: _. it — it
A. Cozad
County Attorney "\,
,�,� .� teve Moreno
Date of signature: )I`13
2015-3586
EG0072
1s61 MEMORANDUM
TO: Clerk to the Board DATE: November 3, 2015
G01NTY ._
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
for certain improvements to WCR 27 with Nelson and Stacie Ree Hollar.
RECEIVED
NOV 042015
WCOMMISSIONS S
M:\Franci&AGENDA memos'Agenda-Leon-I.doc
2015-3586
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 27,
BETWEEN NELSON HOLLAR & STACIE REE HOLLAR
AND WELD COUNTY, COLORADO
gig
THIS AGREEMENT is made this day of , 201 , by and between Nelson R.
Hollar and Stacie Ree Hollar, whose address is 12443 Weld County Road 76, Eaton, Colorado hereinafter
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 real property described in the attached Exhibit "A" (hereinafter
referred to as "Public Road Right-of-Way"), and
WHEREAS, Owner owns 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 27, which will
involve said road ' s realignment and construction, (hereinafter referred to as "Road Improvement
Project"), and
WHEREAS, County requires said Public Road Right-of-Way in order to complete said Road
Improvement Project, and
WHEREAS, County will need said Temporary Construction Easement in order to construct, store
materials and temporarily detour traffic which is required in conjunction with the Road Improvement
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 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 Hundred and no/ 100 Dollars,
($500 .00). The parties acknowledge and agree that said purchase price represents full,
fair and valuable consideration .
2 . Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and
made a part hereof by this reference), for the sum of Three Hundred and no/ 100 Dollars,
($300 .00). The parties acknowledge and agree that said purchase price represents full,
fair and valuable consideration.
3 . Owner warrants that he/she/it is the owner of the Public Road Right-of-Way and the
Temporary Construction Easement and will defend title thereto against all claims.
4157794 Pages : 1 of 9 ►session Before Closing Page 1
11 / 12 / 2015 04 : 35 PM R Fee : $0 . 00do/. 3,5 efto
Carly Koppes , Clerk and Recorder , Weld County , CO
VIII RIFINIIIIINTVIAilliWINIVIIK 'i11E III
4 . Owner agrees to grant the Public Road Right-of-Way to County by Warranty Deed, free
and clear of all liens and encumbrances, except existing easements.
5 . Owner agrees to grant the Temporary Construction Easement to County, free and
clear of all liens, encumbrances or other possessory claims, except existing
easements.
6 . This Temporary Construction Easement shall commence on November 1 , 2015 and shall
expire and be of no further force or effect on April 1 , 2016, or upon the completion of the
Road Improvement Project, whichever is earlier.
7. Owner shall not, during the term of this 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; this Temporary Construction Easement includes all rights and privileges
as are necessary or incidental to County ' s reasonable and proper use of said easement.
8 . Owner shall retain the mineral estate under the Public Road Public Road Right-of-Way
and the Temporary Construction Easement interests, and shall also retain any water rights
currently attached or associated with the Public Right-of- Way and Temporary
Construction Easement.
9. 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.
10. Owner shall pay any encumbrance associated with the Public Road Right-of- Way and the
Temporary Construction Easement which is required to be paid, including, but not
limited to, a prorated amount of the property taxes, and any past due property taxes, (and
interest and penalties thereon), on or before the date of closing when Owner delivers the
Warranty Deed to County. Owner is solely responsible for the payment of any amounts
owed to a third party holding a security or other ownership interest in the Public Road
Right-of- Way and/or Temporary Construction Easement.
COUNTY ' S RIGHTS AND RESPONSIBILITIES :
1 . County shall pay for the cost of obtaining title insurance if County desires to obtain title
insurance for the Public Road Right-of-Way and/or Temporary Easement.
2 . County shall pay all fees associated with recording this Agreement and/or the Warranty
Deed.
3 . County shall pay Owner for the Public Road Right-of- Way and Temporary Construction
Easement by County warrants at the date of closing.
4. County, as a condition of the granting of this Temporary Construction Easement,
covenants and agrees to restore the property described in Exhibit B to a level
comparable to its original condition.
5 . County shall remove that portion of the existing fence located within the area described
in Exhibit A and B remaining after November 9, 2015 . County shall install a four-strand
Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 2
4157794 Pages : 2 of 9
11 / 12/ 2015 04 : 35 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County , CO
�
■III ��'".r��'���i'i�l�''�'���L�� , L' , r ,
1111
smooth wire temporary fence during the construction of the Road Improvement Project.
The temporary fence shall be capable of keeping horses and livestock contained. At the
end of the Road Improvement Project county shall coordinate the removal of the
temporary fence with Owner to ensure horses and livestock are continuously contained
within property.
MISCELLANEOUS:
1 . Although the date of the transfers of the Public Right-of-Way and Temporary Easement
shall be the date of the closing, it is expressly agreed by the parties hereto that upon
execution of this Agreement by County and Owner, County, its contractors, agents,
employees and all others deemed necessary by County, shall have the irrevocable right to
possess and use said Public Road Right-of-Way and the Temporary Construction
Easement for the purposes of constructing the Road Improvement Project, and for its
daily operation, access and maintenance. These conveyances shall be deemed to include
sufficient land for the construction, operation, access, repair and maintenance of said
project, including the rights of entry upon, passage over, and deposit of excavated earth,
and storage of material and machinery upon such Public Road Right-of-Way and
Temporary Construction Easement as may be useful and necessary.
2. This Agreement and the transfers of the Public Road Right-of-Way and 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.
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.
Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 3
4157794 Pages : 3 of 9
11 / 12 / 2015 04 : 35 PM R Fee : $0 . 00
Carly Koppes Clerk and Recorder , Weld County , CO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNERS • Nelson R. Hollar and Stacie Ree Hollar
By: 7/.// Title: (-tin E /C
/V. D
B , , Title: 62-071-1-11-)
�� F
ATTEST: ' - tXS ;itA. BOARD OF COUNTY COMMISSIONERS
Weld o Clerk to the Board WE D COUNTY, CO • RADO
BY:
i
eputy Cl to t e Bo yLia. : arbara Kirkmeyer9 Chair my 0 9 2015
� I k;'=: rt ' PROVED A ' • S • TANCE :
APPROVED AS TO F -"
" A I
� ,,,. O'troller t : ? E 'd cial or Department Hea
APPROVED AS TO FORM: p4j4
Director of General Services
ps
County Attorney
Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 4
4157794 Pages : 4 of 9
/ 12/2015 04 . 35 PM L! e ?d
ee : $0 . 0
Carly Koppel , Clerk and oZO/5 - � 640ka
IlI
� �' CO
� I I� I `II , , I
EIXJ-IIIBTT - A SE 1 / 4 S30 - T7N -R66W
PARCEL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND , LOCATED IN THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SECTION 30,
TOWNSHIP 7 NORTH , RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD , STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2696725 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH - HALF OF THE SOUTHEAST ONE - QUARTER OF
SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID
BEARING OF THE EASTERLY LINE OF THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SAID
SECTION 30 AS BEARING NORTH 00'57' 23" EAST A DISTANCE OF 1336 . 21 FEET TO THE EAST
ONE- QUARTER CORNER OF SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST ALSO DESCRIBED AS
SHOWN ;
THENCE ALONG THE SOUTHERLY LINE OF THE NORTH ONE- HALF OF THE SOUTHEAST ONE- QUARTER OF
SAID SECTION 30 SOUTH 88'24' 43" WEST TO A POINT ON THE WESTERLY RIGHT- OF- WAY LINE OF WELD
COUNTY ROAD 27 A DISTANCE OF 30. 03 FEET AND BEING THE POINT OF BEG NN NG.
THENCE DEPARTING SAID RIGHT- OF- WAY SOUTH 88'24' 43" WEST AND CONTINUING ALONG SAID SOUTHERLY
LINE A DISTANCE OF 10. 01 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'57' 23" EAST TO A POINT ON THE SOUTHERLY LINE
OF LOT- A OF AMENDED RECORDED EXEMPTION NO. AMRE- 1192 FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2693795 A DISTANCE OF 176 . 36 FEET;
THENCE ALONG SAID SOUTHERLY LINE NORTH 75'58' 34" EAST TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF WELD COUNTY ROAD 27 A DISTANCE OF 10. 35 FEET;
THENCE SOUTH 00'57' 23" WEST ALONG SAID RIGHT- OF- WAY A DISTANCE OF 178. 60 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 1 , 774. 80 sf. OR 0. 04 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN
AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
RIGHT OF WAYSA261d≤
WELD COUNTY DEPARTMENT
• ,t, OF PUBLIC WORKS
ACQUISITION rte `' 27-76A
, t``�
BRIDGE PROJECT
HOLLAR , ✓f�' J
BRIDGE 27-76A \1 � N T Y PROJECT N0 : BR- 120 SCALE :
cou c..
WELD COUNTY, COLORADO is DATE : 7- 14- 15 DRAWN BY : DRH SHEET : I of 2
4157794 Pages : 5 of 9
11 / 12 / 2015 04 : 35 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County , CO
i� ,'L'I ' l ; :II?, 1 :i Ili II III
EIXT-ITBJT - A SE I /4 S30 - T7N -R66W
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY I E- 1 /4 COR .
PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY. I i S3O-T7N - R66W
3 1 /4" A.C . STAMPED
ke 6 ' LS# 16425 2000
SE 1/4 I
S30- T7N-R66W 1 I
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LINE TABLE
LINE BEARING DISTANCE JHAT LLC I I CITY OF THORNTON
L1 S88'24' 43"W 30. 03' I I
L2 58824' 43"W 10. 01 ' co
L3 N75'58' 34"E 10. 35' >
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RIGHT OF WAY ACQUIRED c
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PARC . # 070730300013 °' CR. N P .O .C .
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RECP . # 2696725 1 S30 -T7N - R66W
2 " A.C . STAMPED
LOT B RECX 14 - 0089 PLS# 10855 1992
RECP . # 4063186
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2 1 /2 " A.C . STAMPED
LS#36013 2013
61!#''''--
,�, WELD COUNTY DEPARTMENT
RIGHT OF WAY � � igb � � � ..�� OF PUBLIC WORKS
ACQUISITION 7 1rl ,7.,:ii 27-76A
�, BRIDGE PROJECT
HOLLAR .� �' J _ SCALE : 1 "=60
- PROJECT NO : BR 120
BRIDGE 27-76A Ida -UNITY
WELD COUNTY, COLORADO ?
DATE : 7- 14- 15 DRAWN BY : DRH SHEET : 2 of 2 ap 4157794 Pages : 6 of 9
11 / 12 / 2015 04 : 35 PM R Fee : $0 . 00
Carly Koppes ; Clerk and Recorder ; Weld County , CO
I
III rairilIVIIINE 1001:119alliAlleilMillidoilliikiiiiii " III
EXHIBIT - B SE 1 /4 S30 - T7N - R66W
PARCEL DESCRIPTION
TEMPORARY EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SECTION 30,
TOWNSHIP 7 NORTH , RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD , STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2696725 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF
SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID
BEARING OF THE EASTERLY LINE OF THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SAID
SECTION 30 AS BEARING NORTH 00'57' 23" EAST A DISTANCE OF 1336. 21 FEET TO THE EAST
ONE- QUARTER CORNER OF SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST ALSO DESCRIBED AS
SHOWN ;
THENCE ALONG THE SOUTHERLY LINE OF THE NORTH ONE- HALF OF THE SOUTHEAST ONE- QUARTER OF
SAID SECTION 30 SOUTH 88'24' 43" WEST TO A POINT ON THE WESTERLY RIGHT- OF- WAY LINE OF WELD
COUNTY ROAD 27 A DISTANCE OF 30. 03 FEET AND BEING THE PO NT OF BEGINNING .
THENCE DEPARTING SAID RIGHT- OF- WAY SOUTH 88'24' 43" WEST AND CONTINUING ALONG SAID SOUTHERLY
LINE A DISTANCE OF 34. 70 FEET;
THENCE NORTH 29 '02' 49" WEST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 50. 66 FEET;
THENCE NORTH 00'57' 23" EAST TO A POINT ON THE SOUTHERLY LINE OF LOT- A OF AMENDED RECORDED
EXEMPTION NO. AMRE- 1192 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION
NO. 2693795 A DISTANCE OF 118. 51 FEET;
THENCE NORTH 60'39' 36 " EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 6 . 22 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 75 '58' 34" EAST TO A POINT ON THE WESTERLY
RIGHT OF WAY LINE OF WELD COUNTY ROAD 27 A DISTANCE OF 56 . 55 FEET;
w
THENCE SOUTH 00'57' 23" WEST ALONG SAID RIGHT- OF- WAY A DISTANCE OF 178. 60 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 9 , 739. 52 sf. OR 0. 22 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN
AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT bee OF PUBLIC WORKS
ACQUISITION � `c--2 27-76A
, \!
BRIDGE PROJECT
HOLLAR
V T Y PROJECT NO : BR- 120 SCALE :
BRIDGE 27-76A
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WELD COUNTY, COLORADO � 0U N`- -
DATE : 7- 14- 15 DRAWN BY : DRH SHEET : 1 of 2
4157794 •11 / 12 /2015 04 : P5ges . 7 of 9
P � 00
Carly KoppeS , Clerk and RecoIrrder
illropyI � � � � � Weld County CD
E IXIFJIBIT - B SE 1 /4 S30 - T7N -R66W
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENTWkic1
A MONUMENTED LAND SURVEY OR LAND SURVEY
I E- 1 /4 COR .
PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY. I I S30 -T7N - R66W
3 1 /4" A. C. STAMPED
60 ' LS# 16425 2000
SE1/4
I
S30- T7N-R66W 1 1
E . LINE TABLE
LINE BEARING DISTANCE
L1 S88'24' 43" W 30 . 03'
L2 S8824' 43" W 34. 70' JHAT LLC I I CITY OF THORNTON
L3 N29 '02' 49"W 50. 66 '
L4 N 00'57' 23"E 118. 51 '
03
L5 N60'39' 36 "E 6 . 22'
L6 N75'58' 34"E 56 . 55' fii
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TEMPORARY EASEMENT ACQUIRED 0
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2 " A.C . STAMPED
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RECP . # 4063186
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LS#36013 2013
WELD COUNTY DEPARTMENT
il!Al''''--
OF PUBLIC TEMPORARY EASEMENT e LI WORKS
ACQUISITION
1 27-76A
-- BRIDGE PROJECT
HOLLAR
1 N Ay PROJECT NO : BR- 120 SCALE : 1 "=60
BRIDGE 27-76A
WELD COUNTY, COLORADO DATE : 7- 14- 15 DRAWN BY : DRH SHEET : 2 of 2
4157794 Pages : 8 of 9
11 / 12 / 2015 04 : 35 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County , CO
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4157794 Pages : 9 of 9
11 / 12 / 2015 04 : 35 PM R Fee . $0 . 00
Carly Koppel , Clerk and Recorder , Weld County . CO
SID l�ir�r'�llii`'c�'ii. iii'y : � L' ��« :� ii �'iii', I' P'ivI I II
86 MEMORANDUM
fi- TO: Clerk to the Board DATE: 1/28/2016
dUN1—
—
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc#2015-3586
Approved Agreement for Purchase of Public Road ROW for improvements to WCR 27
Quit Claim Deed with Nelson R. and Stacie Ree M. Hollar. RECEIVED
JAN 292016
�
LD COUNTY
MMISSIONERS
M:\Francie\AGENDA memosWgenda-Leon-3.doc
Cpxt4144- e' :Pa) (Ls rife (2015-358(40
el- 3- aOR14) —J— /6 EG 007P
QUIT CLAIM DEED
THIS DEED is made this day of J A , 206, between Nelson R. Hollar and
Stacie Ree M. Hollar, whose address is 12443 Wel ounty Road 76, Eaton , Colorado, party of
the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado,
whose address is whose legal address is 1150 "O" Street, Greeley, Colorado 80631,party of the
second part.
WITNESSETH, that the said party of the first part, for sufficient consideration,the
receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT
CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the
right, title, interest, claim and demand which the said party of the first part has in and to the
parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit"A."
TO HAVE AND TO HOLD the same,together with all the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity,to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and
seal the day and year first above written.
/---it--- i
, ( ,e i'W _erA-9
elso'n R. Hollar acie Ree M. Hollar
TIFFANE V. OHNSON
STATE OF COLORADO ) NOTARY PUBLIC
STATE OF COLORADO
) SS. NOY ID 20164009170
MY COMMISSIONSSIBORES MARCH 4.2019
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this c9C day of JcL 1 U C}t1
20 1(P , by Nelson R. Hollar and Stacie Ree M. Hollar.
Q V. 9,0„_„,,,L.4,1
NotaryVPublic
My commission expires: ��ie_ki t -911
4178943 Pages: 1 of 4
Carly Koppes. Clerk and 02/05/2016 01:43 PM R Fee:•$0.00 D Fee•$0 "r, Weld Count; . ,201 3S
111114U�irl44�M' 1' .111�t5 f IidlitlieiiiilIII4 W ' i��ii II III
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 c4-417 day of , 2015.
diediu,v ATTEST: COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF , CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS OF STATE OF COLORADO
THE COUNTY OF WELDt 4'12
�`
►,,� '�
'' � "';'',;� `'''1 ,ter► _ �'
BY: r is �t ♦ ,�i Y:
D ty Clerk o the Bo. d '�,, Mike Freeman, Chair
BOARD OF COUNTY
COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
he foregoing instrument was acknowledged before me this IeD day of
, 2015 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE COUN OF WELD.
Witness my hand and official seal.
Notary Pu lic
CHERYL LYNN HOFFMAN
My commission expires: /off//9/02,0/(f. NOTARY PUBLIC
/ STATE OF COLORADO
NOTARY ID 201440.48044
MY COMMISSION EXPIRES DEC. 19, 2018
3 Pages:es: 2 of 4 9
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0.00 ���
Carly Koppes, Clerk and Recorder, Weld County, CO ' `/%
1111�l��a��w�!�� i� G ,�,�'P, Na 0101f:i4�i, 1i ii i pC�f
EXHIBIT-A SE 1/4 S30-T7N-R66W
PARCEL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE NORTH-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 30,
TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2696725 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH-HALF OF THE SOUTHEAST ONE-QUARTER OF
SECTION 30, TOWNSHIP 7 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID
BEARING OF THE EASTERLY LINE OF THE NORTH-HALF OF THE SOUTHEAST ONE-QUARTER OF SAID
SECTION 30 AS BEARING NORTH 00'57'23" EAST A DISTANCE OF 1336.21 FEET TO THE EAST
ONE-QUARTER CORNER OF SECTION 30, TOWNSHIP 7 NORTH, RANGE 66 WEST ALSO DESCRIBED AS
SHOWN;
THENCE ALONG THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF
SAID SECTION 30 SOUTH 88'24'43" WEST TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 27 A DISTANCE OF 30.03 FEET AND BEING THE POINT OF BEGINNING.
THENCE DEPARTING SAID RIGHT-OF-WAY SOUTH 88'24'43" WEST AND CONTINUING ALONG SAID SOUTHERLY
LINE A DISTANCE OF 10.01 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'57'23" EAST TO A POINT ON THE SOUTHERLY LINE
OF LOT-A OF AMENDED RECORDED EXEMPTION NO. AMRE-1192 FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2693795 A DISTANCE OF 176.36 FEET;
THENCE ALONG SAID SOUTHERLY LINE NORTH 75'58'34" EAST TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF WELD COUNTY ROAD 27 A DISTANCE OF 10.35 FEET;
THENCE SOUTH 00'57'23" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 178.60 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 1,774.80 sf. OR 0.04 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN
AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
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Carly Koppes, Clerk and Recorder, Weld County, CO
rK III
RIGHT OF WAY WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION �� z
 27-76A
BRIDGE PROJECT
HOLLAR
C O U N T YT_
PROJECT NO: BR-120 SCALE:
BRIDGE 27-76A W
WELD COUNTY,COLORADO DATE: 7-14-15 DRAWN BY: DRH SHEET: 1 of 2
l
•
EXHIBIT-A SE 1/4 S30-T7N-R66W
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY E-1/4 COR.
PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY. 1 . . I S30-T7N-R66W
3 1/4" A.C. STAMPED
63' LS#16425 2000
SE 11 It
S30-77.V-R66W 1 I
1 ( I
P
LINE TABLE
LINE BEARING DISTANCE JHAT LLC 1 1 CITY OF THORNTON
L1 S88'24'43"W 30.03' 1
L2 S88'24'43"W 10.01' NA
L3 N75'58'34"E 10.35' N
L3 , 0 1
IE I I
2
RIGHT OF WAY ACQUIRED E _
1,774.80 sf.± OR 0.04 ac.t
z cn
0 o o
R v J :
N.)
pp C N N
FL n 1 I ITI
ut
1 ROTHARMEL
NELSON & STACIE REE I 1
HOLLARCT) co
PARC.#070730300013 N P.o.c.
RECP.#2696725 I S30-T7N-R66W
LOT B RECX 14-0089 1 PLS#0855AMPOEOD
RECP.#4063186S.
■■
L2 L1
i 7---
P.O.B.
I 0I
N1
MORRISON PROPERTIES LLC 1 I I SE COR.
S30-T7N-R66W
2 1/2" A.C. STAMPED
LS#36013 2013
WELD COUNTY DEPARTMENT
RIGHT OF WAY l<861 OF PUBLIC WORKS
ACQUISITION
27-76A
BRIDGE PROJECT
HOLLAR �..�
f--- 60
BRIDGE 27-76A I�L'(-; U N T
4178943 Pages: 4 of 4 r DATE: 7-14-15 DRAWN BY: DRH SHEET: 2 oft
02/05/2016 01:43 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
IIIII Min MIN%hlai l4C ka lifitk.i' RI III
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