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Home My WebLink About20152134.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 - DAVID AND CYNTHIA STARK 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 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,David and Cynthia Stark, 25311 CR 49, Greeley, Colorado 80631, 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 David and Cynthia Stark 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. 6 :?1,0 ► J1i-s/O VI/7 2015-2134 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49- DAVID AND CYNTHIA STARK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W.,deitsio �,�,/ EXCUSED JC1�o Barbara Kirkmeyer, Chair Weld County Clerk to the Board P _ `nt14 . /� � Mike Freeman, Pro-Tem BY: iadet (b ljh t Clerk to the oa Y ♦ �lE 1L �\can P. Conway AP O D F : 1861 t ;16, biz; Qeoj ��..►� �� ie A. Cozad •unty Attorney � ( " Date of signature: 3J13 ` Steve Moreno 2015-2134 EG0072 MEMORANDUM TO: Clerk to the Board DATE: June 10, 2015 GC__ FROM: Tiffane Johnson & Leon Sievers 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 David C. and Cynthia A. Stark. RECEIVED JUL 1 0 2015 WELD COUNTY COMMISSIONERS M:AFrancieVAGENDA memos VAgenda-L eon-i.doc 2015-2134 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN DAVID C. STARK AND CYNTHIA A. STARK AND WELD COUNTY, COLORADO 70)AP THIS AGREEMENT is made this o day of dill- , 2015, by and between DAVID C. STARK AND CYNTHIA A. STARK, whose address is 25311 County Road 49, Greeley, CO 80631, 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 Twelve Thousand Sixty Dollars, ($12,060.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 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 One Thousand Four Hundred Forty Eight Dollars, ($1,448.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4127641 Pages: 1 of 9 07/24/2015 10:52 AM R Fee:$0.00 $0.00 p2.0/5-02/.5,1 Carly Koppes, Clerk and Recorder, Weld County, CO G(/ kills'Alkyi, II III Page 2 of 5 3. If this agreement is executed and returned to our office on or before June 18, 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 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. 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. 4127641 Pages: 2 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO Mrd 7, p'ifZ Mal Li, Ill II Z:\WELDCNTY\C40#18\STARK\REV Compromise Agreement-Warranty Deed-6-3-15.docx Page 3 of 5 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 Seventeen Thousand Five Hundred Sixty One Dollars ($17,561.00) 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 June 18, 2015. If the agreement is not signed and returned on or before June 18, 2015, the County shall maintain its current offer of Fair Market Value of Thirteen Thousand Five Hundred Eight Dollars ($13,508.00) 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 the subsequent maintenance of said fence. 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 --a binding upon, all and inure to the benefit of and be enforceable by the parties and win their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County �' pP m Commissioners of Weld County, Colorado or its designee. •3.Z� 4.vk_s 3. No term or condition of this contract shall be construed or interpreted as a waiver, o ar L-7 0 express or implied, of any of the immunities, rights, benefits, protections or other ce„ provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as 13 40 o,a applicable now or hereafter amended. NN- L U� u,�r_ a�- crNo`� > Z:\WELDCNTY\C40#18\STARK\REV Compromise Agreement-Warranty Deed-6-3-15.docx NN L= rc;c`MI Page 4 of 5 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. 4127641 Pages: 4 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder Weld County, CO ■111 lP�r� tilig + 441l� , aMI IAA l ' iab 'i'i, I'll' Z:\WELDCNTY\C40#18\STARK\REV Compromise Agreement-Warranty Deed-6-3-15.docx Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: DAVID C. STARK AND CYNTHIA A. STARK rl � f 1, David C. Stark Cy l` A. Stark Date: IS' 1 /�}�- ATTEST:dirr yv Gam'. .. :� BOARD OF COUNTY COMMISSIONERS Weld C my Clerk to the B ar WELD COUNTY, COLORADO BY: ., �.• ♦ ^�1 �X'� Deputy C rk to the ar861, < �O, �� Mike Freeman, Pro-Tem 1 It rJU L $ Z 2015 APPROVED AS TO FUN r f APPROVED AS SUBST NCE: 6/020 Controller e i ial or Department Head APPROVED AS TO FORM: • — Director of Gen 1 Services County Attorney 4127641 Pages: 5 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO «K'WV IV. Y4,AI III Z:\WELDCNTY\C40#18\STARK\REV Compromise Agreement-Warranty Deed-6-3-15.docx oZo// 02/3L EXHIBIT-A RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 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. 2156062 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 AS BEARING NORTH 00'12'56" WEST A DISTANCE OF 2648.30 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0012'56" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 A DISTANCE OF 1426.43 FEET, THENCE DEPARTING SAID LINE SOUTH 89'47'04" WEST TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE SOUTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89'46'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.62 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 513.85 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 01'53'01" AND WHOSE CHORD BEARS NORTH 01'40'34" WEST A DISTANCE OF 513.83 FEET; THENCE NORTH 02'37'04" WEST A DISTANCE OF 57.28 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 208.93 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE NORTHERLY LINE OF SAID RECORDED DEED WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 04'45'33" AND WHOSE CHORD BEARS NORTH 0214'18" WEST A DISTANCE OF 208.93 FEET; THENCE NORTH 89'45'17" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 63.51 FEET; THENCE SOUTH 00'12'56" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 779.72 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39,191.57 sft. OR 0.90 ac.± MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL CONTAINING 0.54 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4127641 Pages: 6 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III Fa fl ?Yrii: BIM WELD COUNTY DEPARTMENT RIGHT OF WAY 1861 OF PUBLIC WORKS ACQUISITION !, CIN 4) WCR 49 CORRIDOR PROJECT BETWEEN WCR 52& WCR 54 STARK V T Y PROJECT NO: SRP-26 SCALE: WCR 49 GOU_N •WELD COUNTY,COLORADO DATE: 3-17-15 BY: MB SHEET: 1 of 2 • HAMILTON E 1/4 COR. EXHIBIT-A / It LS S25-T5N-R65W 3 1/4" A.C. STAMPED LS#20685 1987 IN MON. BOX S4 I I SE 1/4 525-T5N R65W ' I I I I SW 1/4 530 T5N-R64W I a- I DAVID & CYNTHIA STARK I PARC.#096125000039 a-t i I RECP.#2156062 ; Diu) �.Z at,' N QQ •W :0 co O I f f NI V) ' 01< N' & J DAIRY RIGHT—OF—WAY ACQUIRED 'r z:m 39,191.57 sf.± OR 0.90 ac.± ;x„ F , t I LINE TABLE LINE BEARING DISTANCE ': CC L1 N00'12'56"W 1426.43' ' I 0 L2 S89'47'04"W 30.00' L3 S89'46'46"W 40.62' L4 NO2'37'04"W 57.28' L5 N89'45'17"E 63.51' I CURVE TABLE r C# LEN RADIUS DELTA CHD CHD BRG • WCR 49 EXISTING C1 513.85' 15630.00' 01'53'01" 513.83' N01'40'34"W " I RIGHT-OF-WAY C2 208.93' 15770.00' 00'45'33" 208.93' NO2'14'18"W ";:.� 30') "40' BK.83/PG.349 r r NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT i A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE i ATTACHED PROPERTY DESCRIPTION ONLY. ,',/ P.O.C. SE COR. ''' L2 S25-T5N-R65W 2 1/2" A.C. HAM IL T0\ P.O.B. STAMPED LS#9644 V1999 IN MON. BOX RIGHT OF WAY ; 1861 WELD COUNTY DEPARTMENT ACQUISITION , OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT • BETWEEN WCR 52&WCR 54 STARK wcR 40 I,v r. n U wry PROJECT NO: SRP-26 I SCALE: 1"=100 4127641 Pages: 7 of 9 DATE: 3-17-15 BY: JHB SHEET: 2of2 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111101,itYlf+�4,54iI1 i'Y!<<:r'kl 'rjL'�IiiF:trlLLiiiiiii, Ill II EXHIBIT-B TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 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. 2156062 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 AS BEARING NORTH 00'12'56" WEST A DISTANCE OF 2648.30 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'12'56" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 A DISTANCE OF 1426.43 FEET, THENCE DEPARTING SAID LINE SOUTH 89'46'46" WEST TO A POINT ON THE SOUTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 70.62 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89'46'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 513.01 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,610.00 FEET, CENTRAL ANGLE IS 01'52'59" AND WHOSE CHORD BEARS NORTH 01'40'35" WEST A DISTANCE OF 512.99 FEET; THENCE NORTH 02'37'04" WEST A DISTANCE OF 57.28 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 209.76 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 00'45'40" AND WHOSE CHORD BEARS NORTH 02'14'14" WEST A DISTANCE OF 209.76 FEET; THENCE NORTH 89'45'17" EAST A DISTANCE OF 20.01 FEET TO A NON-TANGENT POINT OF CURVE TO THE LEFT; THENCE 208.93 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 00'45'33" AND WHOSE CHORD BEARS SOUTH 02'14'18" EAST A DISTANCE OF 208.93 FEET; THENCE SOUTH 02'37'04" EAST A DISTANCE OF 57.28 FEET TO A NON-TANGENT POINT OF CURVE TO THE RIGHT; THENCE 513.85 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 01'53'01" AND WHOSE CHORD BEARS SOUTH 01'40'34" EAST A DISTANCE OF 513.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15,602.20 sft. OR 0.36 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. 4127641 Pages: 8 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO III TEMPORARY EASEMENT 1 WELD COUNTY DEPARTMENT 861 OF PUBLIC WORKS ACQUISITION WCR 49 CORRIDOR PROJECT BETWEEN WCR 52&WCR 54 STARK 1! T Y PROJECT NO: SRP-26 SCALE: WCR 49 C 0 I. WELD COUNTY,COLORADO DATE: 3-17-15 BY: JHB SHEET: 1 oft -'A'.11..--(1\4 E 1/4 COR. EXHIBIT-B / R L5 S25-T5N-R65W 3 1/4" A.C. STAMPED LS#2O685 I 1987 IN MON. BOX S25 T5N R55W O i I 1 20' TEMPORARYS' , I : EASEMENT- I SW 1/4 15,602.20 sf.± I : S30-T5N-R64W OR 0.36 ac.± 0) I O o CC co Cl- I I ♦ w IX O 5 • ► 0 mil 0 Z I DAVID & CYNTHIA STARK ►� Nin PARC.#096125000039 0 I °° �� RECP.#2156062 -,:o M' 8, i DAIRY ► NI In O.m z. I I Nt- U O CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG C1 513.01' 15610.00' 01'52'59" 512.99' NO1'4O'35"W LINE TABLE I C2 209.76' 15790.00' OO'45'4O" 209.76' NO2'14'14"W LINE BEARING DISTANCE I j C3 208.93' 15770.00' OO'45'33" 208.93' SO2'14'18"E L1 NOO'12'56"W 1426.43' I C4 513.85' 15630.00' O1'53'O1" 513.83' SO1'4O'34"E L2 S89'46'46"W 70.62' L3 S89'46'46"W 20.00' L4 NO2'37'O4"W 57.28' I L5 N89'45'17"E 20.01' L6 SO2'37'O4"E 57.28' I •-.--i-EXISTING 30 I X40' RIGHT-OF-WAY BK.83/PG.349 I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. I P.O.C. SE COR. L3.- L2 R1 I S25-T5N-R65W A 2 1/2" A.C. HAM:! TON P.O.B- STAMPED LS#9644 lie 1999 IN MON. BOX TEMPORARY EASEMENT 1861 WELD COUNTY DEPARTMENT ACQUISITION TE OF PUBLIC WORKS 45 WCR 49 CORRIDOR PROJECT \ BETWEEN WCR 52& WCR 54 STARK J PROJECT NO: SRP-26 SCALE: 1"=100 4127641 Pages: 9 of 9 DATE: 3-17-15 BY: JHB SHEET: 2of2 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III KtInt r'efilY.LI 'I AN f:tittkl EN ON iiiii Ill III • MEMORANDUM A • TO: Clerk to the Board DATE: November 16, 2015 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc#2015-2134 Warranty Deed with David C. and Cynthia Stark RECEIVED NOV 17 2015 WELD COUNTY COMMISSIONERS M:\Francic\AGENDA memos sAgenda-Leon-2.doc • atask-fRetiv6-- 4;g/6-0113g WARRANTY DEED THIS DEED made this � RD day otnthq41 20 "c, between David C. Stark and Cynthia A. Stark, 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 25311 WCR 49, Greeley, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4162729 Pages: 1 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Ii y eAILk''YA1+Ar'kAYLI Ii' till IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. DAVID C. STARK, Owner C THIA A. STARK, Owner State of Ctrl ) )ss. County of (J9_Jb, ) The foregoing instrument was acknowledged before me this it. day of tUnLi-ertie-i.- 20 I,S.by David C. Stark and Cynthia A. Stark, Owners. IL ON VV.S Witness my hand and official seal. IEVERS NOTARY PUBUC Norte w OMISSION awaiere,'on _-e- of Public My commission expires:ps_v B_I-7 4162729 Pages: 2 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III 1Ir1ACI'titiai'I4lIWAIIiiii Mr11iai III U 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).L7tDated this d.-5'°P day of , 2015. ATTEST: dirAIA) jd";(1 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 Deput C r to the Boardarbara Kirkmey , Chair AA A:2 BOARD OF COUNTY ism •W:= •� COMMISSIONER NOV 2 3 2015 tar1 OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) "67The foregoin 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. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO Notary Pub NOTARY ID 20144048044 MY COM MISSION EXPIRES UEC. 19, 2018 My oomminien 4162729 Pages: 3 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO EXHIBIT-A RIGH T-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 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. 2156062 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 AS BEARING NORTH 0012'56" WEST A DISTANCE OF 2648.30 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'12'56" WEST ALONG THE EAST UNE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 A DISTANCE OF 1426.43 FEET, THENCE DEPARTING SAID UNE SOUTH 89'47'04" WEST TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE SOUTHERLY LINE OF SAID RECORDED DEED A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89'46'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.62 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 513.85 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 01'53'01" AND WHOSE CHORD BEARS NORTH 01.40.34- WEST A DISTANCE OF 513.83 FEET; THENCE NORTH 02'37'04" WEST A DISTANCE OF 57.28 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 208.93 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE NORTHERLY LINE OF SAID RECORDED DEED WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 04'45'33" AND WHOSE CHORD BEARS NORTH 02'14'18" WEST A DISTANCE OF 208.93 FEET; THENCE NORTH 89'45'17" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 63.51 FEET; THENCE SOUTH 0012'56" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 779.72 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39,191.57 sit. OR 0.90 oc.± MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL CONTAINING 0.54 oc.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. RIGHT OF WAY WELD COUNTY DEPARTMENT �`� 1861; ' OF PUBLIC WORKS ACQUISITION TA r - S, WCR 49 CORRIDOR PROJECT BETWEEN WCR 52&WCR 54 STARK , vririf WCR 49 C U N T y PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO DATE: 3-17-15 BY: JHB 'SHEET: 1 of2 4162729 Pages: 4 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WAN i4'lid t'C tha IIiI4 11111 • , HAMILTON EXHIBIT-A / E 1/4 COR. �' S25-T5N-R65W .% 3 1/4" A.C. /'" STAMPED LS#20685 1987 IN MON. BOX fF� SE 1'4 S25 15N-R6SW s*4G . SW 1/4 �� S30 75N-R64W a ,,,/:„4 DAVID & CYNTHIA STARK PARC.#096125000039 ci. //,' RECP.#2156062 0 z 6 co AOg M & J DAIRY RIGHT—OF—WAY ACQUIRED 39,191.57 sf.t OR 0.90 ac.± ��'I I I / ///:/: %' O) LINE TABLE LINE BEARING DISTANCE, Ct L1 NOO'12'56"W 1426.43' O L2 S89'47'04"W 30.00' �', I 13 589'46'46"W 40.62' / . i L4 NO2 37'04"W 57.28' L5 N89'45'17"E 63.51' CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG WCR 49 EXISTING C1 513.85'15630,00' 01'53'01",513.83',N01'40'34"W I RIGHT-OF-WAY C2 208.93'15770.00' 0045'33" 208.93' N0214'18"W p ., 40' BK.83/PG.349 J NOTE: THIS EXHIBIT MAP DOES. NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY / I PLAT. IT IS INTENDED TO ILLUSTRATE THE I ATTACHED PROPERTY DESCRIPTION ONLY. I P.O.C. SE COR. �+ �° S25-T5N-R65W 2 1/2" A.C. HAMILTON P.O.B. —' STAMPED LS#9644 Vol 1999 IN MON. BOX RIGHT OF WAY WELD COUNTY DEPARTMENT 861 OF PUBLIC WORKS ACQUISITION Rw-as ' 1 4 r ! 1, WCR 49 CORRIDOR PROJECT STARK --j LP' r BETWEEN WCR 52&WCR 54 WCR49 ],G 0 U N T Y PROJECT NO: SRP-26 SCALE: 1"=100 WELD COUNTY,COLORADO I DATE: 3-17-15 ( BY: JHB (SHEET: 20f2 2 4162729 Pages: 5 of 5 12/03/2015 01:13 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kir P 7IlliAl iirkiXiALP'hIlYi ll'Y r: M'V:lk 1i ii i Hello