The URL can be used to link to this page

Browse Search

Home My WebLink About20153286.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 PRO-TEM TO SIGN NECESSARY DOCUMENTS - GREENLEAF ACRES, LLC 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 Greenleaf Acres, LLC, 23760 County Road 22, Hudson, Colorado 80642, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way 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 Greenleaf Acres, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tern be, and hereby is, authorized to sign any necessary documents. 2015-3286 CC' F.UJ (-1- 11-S I G 1°619 EG0072 P RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - GREENLEAF ACRES, LLC 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST dQJjis J `e144%Ur EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: -)4(0k61—) A �� 0 Di y Clerk to th Board 4010ri+lir �-- ,�� ire ad A can P. Con ,ay 0a-o-d0 APPROVED AS TO FORM: 110 I - A . Cozad Air„,Joe fteiti ounty At orne- ' �. ®` \�jSteve Moreno /d/ 'r Date of signature: 2015-3286 EG0072 MEMORANDUM TO: Clerk to the Board DATE: October 8, 2015 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 Greenleaf Acres, LLC. RECEIVED OCT 092015 WELD COUNTY COMMISSIONERS M\Francie\AGENDA memos\Agenda-Leon-1.doc 2015-3286 I f` AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN Greenleaf Acres, LLC, WELD COUNTY, COLORADO THIS AGREEMENT is made this I k day of l. , 2015, by and between Greenleaf Acres, LLC, whose address is 23760 County Road 22, Hudson CO 80642, 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(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 Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a 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 Three Hundred and 00/100, Dollars ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4150822 Pages: 1 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MLI'i NI II 3. If this agreement is executed and returned to our office on or before September 17, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "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. 9. Owner shall retain the mineral estate under the Public Road Right-of-Way and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Temporary Construction Easement. 10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. Owner shall pay any encumbrance associated with the Public Road Right-of- Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. 4150822 Pages: 2 of 9 10/16/2015 02:07 PM R Fee:$0.00 $0.00 Page 2 of 5 Carly Koppes, Clerk and Recorder, Weld County. CO 1111 !� I��:�R 11111 COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay One Thousand, Forty and 00/100 Dollars ($1,040.00) 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 September 17, 2015. If the agreement is not signed and returned on or before September 17, 2015, the County shall maintain its current offer of Fair Market Value of Eight Hundred and 00/100 Dollars ($800.00) 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. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 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. 4150822 Pages: 3 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 3 of will liiivih ivil'o,r imporowi Fii4, BI it I 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. 4150822 Pages: 4 of 9 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County CO WLIA A ,I III Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Greenleaf Acres, LLC By: ' GPA-\ Title: etemIX-- By: Title: ATTEST: dd ,, G: �� BOARD OF COUNTY COMMISSIONERS Weld • n Clerk to the Board WELD ^COUNTY, COLORADO BY: /`+�d�� /_/_r�..►• 1 Deputy C t rk to the B�` �^��$4s La Mike Freeman, Pro-Tem Ii � OCT 14ni3 APPROVED AS TO ►1,F O •N � 1 PPROVED AS UBSTANCE: ��✓ICI .. Controller � '�� '� E e d cial or partment ead APPROVED AS TO FORM: N // Director of Genertal Services County Attorney Page 5 of 5 4150822 Pages: 5 of 9 ' ��,� (o 10/16/2015 02:07 PM R Fee:$0.00 Off-" Carly Koppes: Clerk and Recorder: Weld County CO ■III!!!�1R,bl��I ',If��'4�i��Nl�'�k� l+�'J�t4'I III ��Y�� II III EXHIBIT-A 13A-GREENLEAF ACRES-ROW PROPERTY DESCRIPTION A parcel of land being part of that parcel of land described as Parcel A in that Special Warranty Deed recorded November 16, 2011 as Reception No. 3805831 of the records of the Weld County Clerk and Recorder, located In the Northeast Quarter (NE1/4) of Section Twelve (12), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 12 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 12, being monumentalized by a #6 rebar with a 334" diameter aluminum cap stomped `LS23520, 2002" at the South end and by a #6 rebar with a 3 j4" diameter aluminum cap stamped 'LS13155, 1999" at the North end, as bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.66 feet, with all other bearings contained herein relative thereto: THENCE North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 40.01 feet to the West Right—of—way line of Weld County Rood No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 12, said point being the POINT OF BEGINNING; THENCE continuing North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 50.02 feet to a point being Fifty (50) feet, as measured at a right angle, West of said West Right—of—way line; THENCE North 00'30'30" West along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 3.18 feet to the Northerly line of said Parcel A; THENCE South 86'59'53" East along the Northerly line of said Parcel A a distance of 50.09 feet to said Westerly Right—of—way line; THENCE South 00'30'30" East along said Westerly Right—of—way line a distance of 1.42 feet to the POINT OF!BEGINNING. Said parcel of land contains 115 sq. ft. or 0.003 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the Northeast Quarter (NE1/4) of said Section 12 lying Southerly of the Northerly line of said Parcel A. Said existing Right—of—way contains 28 sq. ft. or 0.001 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. pP•O L c .. 1. Z' ° e� ;U r; 1/ // 13 • 38106 •yep : Oirk 30.24). ttt i; A 1 A p Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION / �:r OF PUBLIC WORKS f RW-133 \� ► , WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 GREENLEAF ACRES,,,,„ KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 4150822 Pages: 6 of 9 v.I„dsor,Colorado 80550 10/16/2015 02:07 PM R Fee:$0.00$0.00 °"'"'i°@ k"'''°""°`'`°"' DATE: 3-13-15 DRAWN BY: CDL SHEET: 1 of 2 Carly Koppes, Clerk and Recorder, Weld County, CO �ii M'raF 'WA O+11'# Bill EXHIBIT-A NE CORNER . S12-T2N-R65W FND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 13155 1999 APPROXIMATE LOCATION OF I IN MON. BOX 30' PIPELINE EASEMENT TO KERR-MCGEE GATHERING LLC-------11 I (REC. Na 3818733) 40' EXISTING RIGHT-OF-WAY I • I NW 1/4 (BOOK 1046 PAGE 4) I ON I S7-T2N-R64W R64W NE a° � I S 12 T2 N�R65 W I `V Z PIONEER COMMUNITIES N < : HOLDINGS LLC AL VIN iN&DONNA DECHANT I:15 ADDITIONAL RIGHT—OF—WAY I o cn . I 115sf.t OR 0.003ac.t I to rii o a . I L4 L5Z - L2 L1 GREENLEAF L3 E 1/4 CORNER HP FARMS HOLDINGS LLC ACRES, LLC I POINT OF S12-T2N-R65W BEGINNING END PARC.#130712000008 1 3.25"# WITH ALUMINUM CAP RECP.#3805831 ( STAMPED LS 23520 2002 IN MON. BOX EXISTING RIGHT-OF-WAY VARIES • POINT OF COMMENCEMENT (REC. NO. 4041206) • HP FARMS HOLDINGS LLCI I 1 N011CF According to Colorado lawyou must commence any legal e LINE TABLE action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be LINE BEARING LENGTH commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) Ll N89'01'16"W 40.01' L2 N89'01'16"W 50.02' NOTE: This exhibit drawing Is not intended to be a monumentatized land survey. It's sole purpose is as a L3 N00'30'30"W 3.18' graphic representation to aid in the visualization of the written property description which it accompanies. The L4 S86'59'53"E 50.09' written property description supersedes the exhibit drawing. L5 SO0'30'30"E 1.42' RIGHT OF WAY �A.. WELD COUNTY DEPARTMENT ACQUISITION 4 r g' OF PUBLIC WORKS <w-13� '� ►'�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 GREENLEAF ACRES ...,... .,. KING SURVEYORS PROJECT NO: SRP-26 SCALE: l"=50' 4150822 Pages: 7 of 9 `'"d'or,Colorado 80550 10/16/2015 02:07 PM R Fee:$0.00 "I''" '@ ,,gSun y °stun DATE: 3-13-15 DRAWN BY: CDL SHEET: 2of2 Carly Koppes, Clerk and Recorder. Weld County, CO liiI kirdr.iT NV%hi:PA l ii'dill i,l0f.iiiii Iii I+1'4, II II EXHIBIT-B 13A-GREENLEAF ACRES-TCE PROPERTY DESCRIPTION A parcel of land being part of that parcel of land described as Parcel A in that Special Warranty Deed recorded November 16, 2011 as Reception No. 3805831 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Twelve (12), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 12 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 12, being monumentalized by a #6 rebar with a 3 %" diameter aluminum cap stamped 't_S23520, 2002" at the South end and by a #6 rebar with a 3 '4" diameter aluminum cap stamped "t.S13155, 1999" at the North end, as bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.66 feet, with all other bearings contained herein relative thereto: THENCE North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 40.01 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 12; THENCE continuing North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 50.02 feet to a point being Fifty (50) feet, as measured at a right angle, West of said West Right—of—way line, said point being the POINT OF BEGINNING; THENCE continuing North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 20.01 feet to a point being Seventy (70) feet, as measured at a right angle, West of said West Right—of—way line; THENCE North 00.30'30" West along a line being Seventy (70) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 3.89 feet to the Northerly line of said Parcel A; THENCE South 86'59'53" East along the Northerly line of said Parcel A a distance of 20.04 feet to a point being Fifty (50) feet, as measured at a right angle, West of said West Right—of—way line; THENCE South 00'30'30" East along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 3.18 feet to the POINT OF BEGINNING. Said parcel of land contains 71 sq. ft. or 0.002 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. ! UO' <�a Us• 381O6 ) O �� •30.2-015<z:' 0 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .At- UISITION WELD COUNTY DEPARTMENT AC P:40 OF PUBLIC WORKS Q TE-13A ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 GREENLEAF ACRES KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 4150822 Pages: 8 of 9 \C,ndsor,Colorado 80550 g email:inforiP'ingSunryor.coin DATE: 3-13-15 DRAWN BY: CDL SHEET: 1 of2 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO Bill EXHIBIT-B NE CORNER • S12-T2N-R65W FND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 13155 1999 APPROXIMATE LOCA770N OF ( IN MON.i BOX 30' PIPELINE EASEMENT • 1 TO KERR-MCGEE GATHERING LLC- --i 1 (REC. Na 3818733) I 40' EXISTING RIGHT-OF-WAY I • I (BOOK 1046 PAGE 4) 1 ON 1 NW 1/4 in NE 1/4 cD S7-T2N-R64W / (V• Z S 12-T2 N-R65W I PIONEER COMMUNITIES N Q6 I HOLDINGS LLC ALVIN&DONNA DECHANT � m • L_ TEMPORARY EASEMENT I re) O 71 sf.± OR 0.002ac.± b v) • L4 L6 o . L5 Z L3 L2 L1 GREENI'E E 1/4 CORNER HP FARMS HOLDINGS LLC ACRES, LLC I POINT OF BEGINNING • S12-T2N-R65W PARC.#130712000008 I FND #6 REBAR WITH RECP.#3805831 I ( ALUMINUM STAMPED LS 23520 2002 IN MON. BOX EXISTING RIGHT-OF-WAY VARIES • POINT OF COMMENCEMENT (REC. NO. 4041206) ' HP FARMS HOLDINGS LLC I I I • I NOTICE According to Colorado law you must commence any legal LINE TABLE action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be LINE BEARING LENGTH commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) Ll N89'Ol'16"W 40.01' L2 N89'01'16"W 50.02' NOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's sole purpose is as a L3 N89'01'16"W 20.01' graphic representation to aid in the visualization of the written property description which it accompanies. The L4 N00'30'30"W 3.89' written property description supersedes the exhibit drawing. L5 S86'59'53"E 20.04' L6 S00'30'30"E 3.18' TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION �� OF PUBLIC WORKS TE-13A \. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 GREENLEAF ACRES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I".•50' 4150822 Pages: 9 of 9 ,ndsor,Colorado 80550 9 'm 'Ci-i- ingSunePre.mm DATE: 3-13-15 DRAWN BY: CDL SHEET: 2 oft 10/16/2015 02:07 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO IIIII K,ra:I:I 1 illril,I fit kViNirriP E'i'lM,y'II'riVW, 111111 1861 �. MEMORANDUM ci TO: Clerk to the Board DATE: 12/21/2015 2 u N Y FROM: Leon Sievers/Tiffane Johnson RECEIVED Public Works Department SUBJECT: Consent Agenda Item DEC 2 2 2015 WELD COUNTY CoMMIRRIONFRS RE: Doc #2015-3286 Warranty Deed with Greenleaf Acres LLC for the WCR 49 Corridor Project. M:Wrancie\AGENDA memos\Agenda-Leon-I.doc (LqT.I/ C) 0))1A.Sszik.,1- -5O4-coo`- ��,/� �)(S WARRANTY DEED THIS DEED made this [ day of e�t.� , 20 k, between Greenleaf Acres, LLC 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: Vacant land 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. 4169795 Pages: 1 of 5 12/31/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111I��PI'��n�l lf��larilhl «114117 ��II IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. GREENLEAF ACRES, LLC �bGJZ �il�Vl_ Barry hr, Partner State of Co rc..A� ) )SS. County of L) ) The foregoing instrument was acknowledged before me this 2 day of Vet1- 20 ‘5, by Barry Fehr, Partner for Greenleaf Acres, LLC, Owners. LEON W.SIEVERSNOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO NOTARY ID 20014024300C0MMISSI0NMY EWES a Z47 otary Public My commission expires: 08-68-17 Pages: 2 of 5 0.00 4169795 R Fee:$r,0.00 D Fee.$ 12/31/2015 12:58 PMd Weld Count y, CO �'�,IIII Carly Koppel Clerk an Recorde'�:�;L��tifit' Ii VIII t rilin ��i e&101 :ht' 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 th•is (V "1 day of , 2015. ATTEST: d- 44) COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD BY-Stk-ge 4i Deputy Clerk to the Board I •� tet0 Barbara Kirkme er, Chair "1i�" �I BOARD OF COUNTY DEC 2 8 2015 It� w COMMISSIONER *�. OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD0121r) K The foregoi g instrument was acknowledged before me this day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. • Notary Pu lic My commission expires:/o/i9/ t5// CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4169795 Pages: 3 of 5 12/31/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell II III oZo%s 30216. EXHIBIT-A 13A-GREENLEAF ACRES-ROW PROPERTY DESCRIPTION A parcel of land being part of that parcel of land described as Parcel A in that Special Warranty Deed recorded November 16, 2011 as Reception No. 3805831 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Twelve (12), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 12 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 12, being monumentalized by a #6 rebar with a 3 X" diameter aluminum cap stamped `LS23520, 2002' at the South end and by a #6 rebar with a 3 �1A" diameter aluminum cap stamped 'LS13155, 1999" at the North end, as bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.66 feet, with all other bearings contained herein relative thereto: THENCE North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 40.01 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 12, said point being the POINT OF BEGINNING; THENCE continuing North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 50.02 feet to a point being Fifty (50) feet, as measured at a right angle, West of said West Right—of—way line; THENCE North 00'30'30" West along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 3.18 feet to the Northerly line of said Parcel A; THENCE South 86'59'53" East along the Northerly line of said Parcel A a distance of 50.09 feet to said Westerly Right—of—way line; THENCE South 00'30'30" East along said Westerly Right—of—way line a distance of 1.42 feet to the POINT OFBEGINNING. Said parcel of land contains 115 sq. ft. or 0.003 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the Northeast Quarter (NE1/4) of said Section 12 lying Southerly of the Northerly line of said Parcel A. Said existing Right—of—way contains 28 sq. ft. or 0.001 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. PPOLC .<(\ z 38106 v a p 4169795 Pages: 4 of 5 O t 12/31/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 " C)- Carly Koppes: Clerk and Recorder, Weld County, CO SS/ •°••• •..••°C%�� ,III Fart�I■�I41: II��III I111��1�1I 1�-t■�'I��I�I�II�I ,I II • A Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A., WELD COUNTY DEPARTMENT ACQUISITION 441 WAS° OF PUBLIC WORKS RW-13A >, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22 &24 GREENLEAF ACRES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 650 E.Garden Drive I Windsor,Colorado 803511 WELD COUNTY.COLORADO phone:(970)686-3011 I email:info@kingSurveyorssnm DATE: 3-13-IS DRAWN BY: CDL, SHEET: 1 of2 EXHIBIT-A NE CORNER • S12--T2N-R65W FND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 13155 1999 APPROXIMATE LOCATION OF I IN MON. BOX 30' PIPELINE EASEMENT I • I TO KERR-MCGEE GATHERING LLC-----4 • (REC. NO. 3818733) 40' EXISTING RIGHT-OF-WAY I I NW 1/4 (BOOK 1046 PAGE 4) I 41 S7-T2N-R64W 1.0 NE 1/4 N � S12-T2N-R65W I z PIONEER COMMUNITIES N a ' i HOLDINGS LLC ALVIN&DONNA DECHANT u_ 00 ADDITIONAL RIGHT-OF-WAY I o fn . I 115sf.± OR 0.003ac.± I M Q o . I L4 L5 2m L2 L1 GREENLEAF L3 E 1/4 CORNER HP FARMS HOLDINGS LLC ACRES, LLC POINT OF • S12-T2N-R65W BEGINNING FND #6 REBAR WITH PARC.#130712000008 3.25" ALUMINUM CAP RECP.#3805831 STAMPED LS 23520 2002 IN EXISTING RIGHT-OF-WAY VARIESM0N. BOX POINT OF COMMENCEMENT (REC. NO. 4041206) HP FARMS HOLDINGS LLC NOTICE According to Colorado law you must commence any legal LINE TABLE action based upon any defect In this survey within three years after you first discover such defect. In no event may any action based upon any defect In this survey be LINE BEARING LENGTH commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) L1 N89'01'16"W 40.01' L2 N89'01'16"W 50.02' NOTE: This exhibit drawing Is not intended to be a monumentolized land survey. It's sole purpose Is as a L3 N00'30.30"W 3.18' graphic representation to aid in the visualization of the written property description which it accompanies. The L4 S86'59'53"E 50.09' written property description supersedes the exhibit drawing. L5 S00'30'30"E 1.42' 4169795 Pages: 5 of 5 12/31/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii�I��I,rC�u,i4l �i�t ;�Iw�li +�i �i��I��I "Ill RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION is P.0 OF PUBLIC WORKS ►: WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22 &24 GREENLEAF ACRES KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=50' WCR 49 650 E.Garden Drive I Windsor,Colorado 805517 WELD COUNTY,COLORADO phone:(970)686-5uu I email:info@ ingSurvevors.com DATE: 3-13-15 DRAWN BY: CDL SHEET: 2of2 Hello