HomeMy WebLinkAbout20150534.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - EVELYN AND PAMELA
ARD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for
Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Evelyn and Pamela Ard, 24098 County Road 50, La Salle, CO 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,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Evelyn
and Pamela Ard 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.
k, L,c)
//.j 2015-0534
EO0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49— EVELYN AND PAMELA ARD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:C EXCUSED
jeito• Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
• Mike Freeman, Pro-Tem firA). ptity Clerk to t e Boar• � �� % EXCUSED
,��� can P. Conway
:re -' /�27y,
APPROVED AS TO FORM 1861 4 t'"��= �� ' V ' cal
; VS -lie A. Coza•
Coun y Attorney
`96-7 �`I Steve Moreno
Date of signature: /
2015-0534
EG0072
MEMORANDUM
i TO: Clerk to the Board DATE: February 11, 2015
T
. COUN
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Corridor Project(Between WCRs 48 & 50)
Agreement for the Purchase of Public Road ROW, Permanent Easement, and Temporary
Construction Easement for WCR 49 with Evelyn Ard and Pamela K. Ard.
Enclosure
RECEIVED
FEB 1 2 2015
WELD COUNTY
COMMISSIONERS
M:\Francie'AGENDA mcmos\Agenda-Leon-1.doc
2015-0534
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN EVELYN ARD AND PAMELA K.ARD AND
WELD COUNTY,COLORADO
THIS AGREEMENT is made this ( day of h� , 2015, by and between
EVELYN ARD AND PAMELA K. ARD, whose address is 24098 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 parcels of real property described in the attached Exhibit"B"
(hereinafter referred to as the("Permanent Easement),and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"C"
(hereinafter referred to as("Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as"WCR 49 Corridor Improvement Project"(the"Project"),and
WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project,and
WHEREAS, County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Hundred Dollars, ($500.00). • id
. °
2. Owner agrees to convey at closing a Permanent Easement 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 Dollars, ($500.00). The-parties-acke-Rof
a e74
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Three Hundred
Dollars, ($300.00). The parties-acknowledge tease-pliee
eratian. Re'
4. If this agreement is executed and returned to our office on or before February 4,
2015 the County shall pay the amount described in Paragraph Three "3" of the
County's Rights and Responsibilities.
5. Owner warrants that they are the Owner of the Public Road Rights-of-Way,
Permanent Easement and the Temporary Construction Easement and will defend
title thereto against all claims.
6. Owner agrees to grant the Public Road Right-of-Way to the County by Deed of
Dedication, free and clear of all liens and encumbrances, except existing
easements.
7. Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easements to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
easements.
MO
9. The Temporary Construction Easements shall commence on the day of closing
2 and shall expire and be of no further force or effect on January 1, 2018, or upon
the completion of the Intersection Improvement Project, whichever is earlier.
10. Owner shall not, during the term of the Temporary Construction Easement, erect
or construct, or allow to be erected or constructed,any building or other structures
G - on the property described in Exhibit"C" which may interfere with County's full
G enjoyment of the rights hereunder; the Temporary Construction Easements
v tincludes all rights and privileges as are necessary or incidental to County's
O d i
N a reasonable and proper use of said easement.
°a� 11. Owner shall retain the mineral estate under the Public Road Right-of-Way,�, g Y, the
t.
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� Z
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Permanent Easement and the Temporary Construction Easement, and shall also
retain any water rights currently attached to or associated with the Public Right-
of-Way, Permanent Easement(s)and Temporary Construction Easement.
12. Owner shall deliver the fully executed Deed of Dedication for the Public Road
Right-of-Way to County and the Permanent Easement at the date of closing which
shall be no later than thirty (30) days following the County's execution of this
Agreement.
13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to 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_Deed of
Dedication to County and the Permanent Easement. Owner is solely responsible
for the payment of any amounts owed to a third party holding a security or other
ownership interest in the Public'Road-"Righf=of--Way;'Permanent E"asenient and
Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONS1BILITIESr ., 771.
1. County shall at closing pay for the cost of obtaining title insurance if County
desires to obtain title insurance for the Public Road Right--Of-Way; 'Permanent
Easements and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement and
/or the Deed of Dedication.
3. County shall pay One Thousand Six Hundred Ninety Dollars ($1,690.00)_to_the_
Owner for the Public Road Right-of-Way, the Permanent Easement, and the -
.Temporary.Constriction Easement by County warrant(s) at the date of closing if
agreement is signed and returned on or before February 4,2015. If the agreement _
is not signed and returned o o efo February 4, 2015; the County shall
• maintain its current offer o ar slue of One ThousanifTliree Hundred
-. Dollars ($1,300.00) for the Public Road Right-of-Way; the Permanent'Easement,
and the Temporary Construction Easement by County warrant(s) at-the date of
closing.
1,)= 5. County, as a condition of the granting of Temporary Construction Easement
02.3 covenants and agrees to restore the property described in Exhibit "C" to a level
r, .__ comparable to its original condition.
46.
vn _
6. Prior to construction commencing on the Project and right of way described
etc,- herein, the County shall construct a temporary fence line along the outside
in c boundary of the temporary construction easement /permanent easement. At the
Di LOM=; conclusion of construction, the County will install a new permanent right of way
•0
m to in
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Page 4 of 5
fence along the boundary of the new right of way being acquired hereunder.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and be enforceable by
the parties and their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County,Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits,protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties.hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: EVELYN ARD AND PAMELA K...-ARD
eg)" A )44
Evelyn Ard L — Pame
ATTEST: datrAeov BOARD OF COUNTY COMMISSIONERS
Weld C' •l"1 lerk to t �t� \ s WELD COUNTY,COLORADO
te-4`
BY: ' 9r; � '�•[%. "
Deputy Cler'to the o•, �'+ � Nr� P Fr
eeman,reeman, Pro-Tem
FEB 2 3 2015
•,`
APPROVED AS TO UND . APPROVED AS T TANCE:
Controller Elfal or Department Head
APPROV D AS TO FORM: 'CIA
Director of General Services
County Attorney
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EXHIBIT-A
PROPERTY DESCRIPTION
RIGHT-OF-WAY
ALL THAT PORTION OF LOT "B", AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255, A
RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY,
COLORADO, LOCATED IN THE NW1/4 OF SECTION 6, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN
DEEDS RECORDED UNDER RECEPTION NO'S. 2712040 AND 3598189 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SOUTHWEST CORNER OF SAID LOT "B" FROM WHICH THE NORTHWEST CORNER OF
SAID LOT "B" BEARS NOO°33'06"W, 384.42 FEET, THENCE N86°35'45"E, 40.05 FEET ALONG A SOUTH
LINE OF SAID LOT "B" TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED
IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO AND
THE TRUE POINT OF BEGINNING;
THENCE NOO°33'06"W, 352.65 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 N89°08'08"E, 100.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 50;
THENCE S44°17'31"W, 99.27 FEET;
THENCE SOO°33'06"E, 281.31 FEET TO A SOUTH LINE OF SAID LOT "B";
THENCE S86°35'45"W, 30.04 FEET ALONG A SOUTH LINE OF SAID LOT "B" TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 13,010 SQUARE FEET (0.299 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 CD Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engi
EVELYN ARD & neer6/Surveyors (303) 442-4338 BETWEEN WCR(s)48&50
wWRADO SPRINGS (710)260-0007
PAMELA K. ARD °R"m 70MM°" po)2X:135° PROJECT NO. SRP-26 SCALE: N/A
WCR 49 asmsr
WFr n rnl INTY r•nr nu Ann DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2
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Carly Koppes Clerk and Recorder. Weld County, CO
•III �+i����;���w;�'��,y�«+;����hl'r���;?�F�,1J����E;�k�Y����� lI II I
EXHIBIT-A
NW CORNER EXISTING 60' ROW COUNTY MAINTAINED
$6-T4N-R64W RD100/206 RD. BK.4/PG.229 7-7-1886
(NW CORNER LOT"B") [ C&R B-48/P-275&299
APPROX. ROW LOCATION
�� 6n 6� 6n me �n 6m 6m ■
SECTION LINE
N89°08'08"E 2607.58'Is mm um mm mm soum
CR SO
N89°08'08"E 100.00'
- am — - M
,( N 1/4 CORNER
S6-T4N-R64W
5.\
NI' Ca
1 EVELYN ARD &
1 • EXISTING 40' ROW PAMELA K. ARD
(NW
1044 S6)PG 25 LOT "B", AMENDED BK RECP#819302 6-7-1939 RECORDED EXEMPTION
#1053-06-2 RE-3255
N PARCEL #1053-06-2-00-034
1 d
RECEPTION #2712040 & 3598189
ggIM
I '
N
I
3in
N
Z 3 co
t0 I 0 N W
`-r O '� OI 1:,
Z 3 oVARIABLE WIDTH RIGHT-OF-WAY
o o ACQUIRED
To 13,010 SQ.FT.± OR 0.299 AC.±
I 0
z
I
NOTE: THIS EXHIBIT MAP DOES NW 1/4
NOT REPRESENT A MONUMENTED 56 T4N R64W
LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO
T.P.O.B. ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY. PROPERTY LINE
N86°35'45"E 40.05'
IN86°35'45"E 482.80'
P.O.C. EDMONDS
SW CORNER I LOT "A"
LOT"B" S86°35'45"W 30.04'
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION RW-35 Drexel, Barrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
EVELYN ARD & En ineers/S�yors (303) 442-4338 BETWEEN WCR(s)48&50
$_:: wIDRADO WINGS 1'710)2e0-oee?
PAMELA K. ARD ^ raXD li"`'"°p I°7°)761:060 PROJECT NO. SRP-26 SCALE: 1"=60'
agar (vro)
WCR 49
11/NT n rl1T nwry rra nn n nn DATE: 11-18-14I DRAWN BY: TLT(SHEET: 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County: CO
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EXHIBIT-B
PROPERTY DESCRIPTION
PVREA PERMANENT EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT "B", AMENDED RECORDED EXEMPTION NO.
1053-06-2 RE-3255, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE
RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 6, T4N, R64W OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT
OF LAND AS DESCRIBED IN DEEDS RECORDED UNDER RECEPTION NO'S. 2712040 AND 3598189 OF THE
RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SOUTHWEST CORNER OF SAID LOT "B" FROM WHICH THE NORTHWEST CORNER OF
SAID LOT "B" BEARS NOO°33'06"W, 384.42 FEET, THENCE N86°35'45"E, 40.01 FEET ALONG A SOUTH
LINE OF SAID LOT "B" TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED
IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE NOO°33'06"W, 352.65 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 N89°08'08"E,
100.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50 TO THE TRUE
POINT OF BEGINNING:
THENCE S44°17'31"W, 99.27 FEET;
THENCE SOO°33'06"E, 281.31 FEET TO A SOUTH LINE OF SAID LOT "B";
THENCE N86°35'45"E, 20.02 FEET ALONG A SOUTH LINE OF SAID LOT "B";
THENCE NOO°33'06"W, 272.07 FEET;
THENCE N44°17'31"E, 111.12 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD
50;
THENCE S89°08'08"W, 28.36 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 50 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 7,638 SQUARE FEET (0.175 ACRES), MORE OR LESS
I
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT Drexel, Harrell & Co. OF PUBLIC WORKS
PE-35
ACQUISITION 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)48&50
EVELYN ARD & COLON MUGS (719)260-0687
PAMELA K. ARD °""m"'NC"°" Z°1 2111-'s°° PROJECT NO. SRP-26 SCALE: N/A
WCR 49
DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 oft
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Carly Koppes. Clerk and Recorder, Weld County, CO
EXHIBIT-B
1 NW CORNER EXISTING 60' ROW COUNTY MAINTAINED
56-T4N-R64W RD100/206 RD. BK.4/PG.229 7-7-1886
(NW CORNER LOT"B") C&R B-48/P-275&299
APPROX. ROW LOCATION
mm em mmmmommomm mm
mm —mmommmommm mmmmemmmmmommm ■
SECTION LINE
rT.P.O.B. 2607.58'
i am rm um ma
589°08'08"W 28.36' WO? .
N89°08'08"E 100.00'
— e- — m=sim=0 am N
N 1/4 CORNER
gc5 $6-T4N-R64W
� N.
4 NN
s AD
IN ��°` EVELYN ARD &
s EXISTING 40' ROW PAMELA K. ARD
(NW 1/4
S6)
LOT "B", AMENDED
BK 1046/PG 25
RECP#819302
6-7-1939
APPARENT
I RECORDED EXEMPTION
6-7-1
#1053-06-2 RE-3255
PVREA PARCEL #1053-06-2-00-034
� EASEMENT
I �1 o RECEPTION #2712040 & 3598189
N
CV I
10
w N
co
H Dl o u'i a
lr
Z 3 0 O 20' PVREA PERMANENT
cn o EASEMENT ACQUIRED
0o Z 7,638 SQ.FT.± OR 0.175 AC.±
I M
O
Z
I NOTE: THIS EXHIBIT MAP DOES
NOT REPRESENT A MONUMENTEDI NW 1/4
LAND SURVEY OR LAND SURVEY
1 PLAT. IT IS INTENDED TO $6-T4N-R64W
R64W
1 ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
I
PROPERTY LINE
N86°35'45"E 40.05'
■ N86°35'45"E 482.80'
P.O.C. ° „ EDMONDS
SW CORNER N86 35 45 E 20.02
LOT"B" I LOT "A"
II PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT PE-35 Drexel, Barrell & Co. OF PUBLIC WORKS
ACQUISITION 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
EVELYN ARD & Engineer■/surveyor■ (303) 442-4338 BETWEEN WCR(s)48&50
O.. COLORADO suds (719)280-0887
PAMELA K. ARD ^ °�J° °W (°7°))287-�° PROJECT NO. SRP-26 SCALE: 1"=60'
:RAND cv10 881-0849
WCR 49
IL/FI n rem.RNITV CCU no A no, DATE: 11-18-14I DRAWN BY: TLT SHEET: 2 of 2
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EXHIBIT-C
PROPERTY DESCRIPTION
TEMPORARY EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT "B", AMENDED RECORDED EXEMPTION NO.
1053-06-2 RE-3255, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE
RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 6, T4N, R64W OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT
OF LAND AS DESCRIBED IN DEEDS RECORDED UNDER RECEPTION NO'S. 2712040 AND 3598189 OF THE
RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SOUTHWEST CORNER OF SAID LOT "B" FROM WHICH THE NORTHWEST CORNER OF
SAID LOT "B" BEARS N00°33'06"W, 384.42 FEET, THENCE N86°35'45"E, 40.01 FEET ALONG A SOUTH
LINE OF SAID LOT "B" TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED
IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE NOO°33'06"W, 352.65 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 N89°08'08"E,
100.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50 TO THE TRUE
POINT OF BEGINNING:
THENCE S44°17'31"W, 99.27 FEET;
THENCE SOO°33'06"E, 281.31 FEET TO A SOUTH LINE OF SAID LOT "B";
THENCE N86°35'45"E, 20.02 FEET ALONG A SOUTH LINE OF SAID LOT "B";
THENCE NOO°33'06"W, 272.07 FEET;
THENCE N44°17'31"E, 111.12 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD
50;
THENCE S89°08'08"W, 28.36 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 50 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 7,638 SQUARE FEET (0.175 ACRES), MORE OR LESS
I
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-35 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
EVELYN ARD & rears/SurPeyore (303) 442-4338 BETWEEN WCR(s)48&50
COLORADO SPRINGS (719)zee-0e87
PAMELA K. ARD °RAND 7°1"1°x° (°7°1 27— ° PROJECT NO. SRP-26 SCALE: N/A
ciomstr taro)eet—oae
WCR 49
11 T n rnt!MTV rni no n nn DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2
4089647 Pages: 10 of 13
03/12/2015 01:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
It II fir p rtf III K',9 Milli BPI
EXHIBIT-C
r- NW CORNER EXISTING 60' ROW COUNTY MAINTAINED
56-T4N-R64W RD100/206 RD. BK.4/PG.229 7-7-1886
(NW CORNER LOT"B") [ C&R B-48/P-275&299
APPROX. ROW LOCATION
um mm rt_ ili erg unimmmimmi mm mm emmmmmms ■
SECTION LINE
T.P.o.B. N89°08'08"E 2607.58'
• miFi — Re um mu me mm
S89°08'08"W 28.36' VCR
N89°08'08"E 100.00'
i m elm art_ mm —
(1� N 1/4 CORNER
�° $6-T4N-R64W
N.
��
4
oN
I ��°` EVELYN ARD &
I
EXISTING 40' ROW PAMELA K. ARD
(NW 1/4 1046/PG)25 I
LOT "B", AMENDED
RECP#819302 RECORDED EXEMPTION
6-7-1939 EA APPARENT #1053-06-2 RE-3255
in N EPASEMENT PARCEL #1053-06-2-00-034
I
co RECEPTION #2712040 & 3598189
I N ,76
N O
13 ;n I-
.Zr (.O W N
jo 1 o N
H i
oro
o
r0 -It
"' Z3in
20' TEMPORARY
0Oui EASEMENT ACQUIRED
I o Z 7,638 SQ.FT.± OR 0.175 AC.±
Z
1
NOTE: THIS EXHIBIT MAP DOES NW 1/4
1 NOT REPRESENT A MONUMENTED $6-T4N-R64W
1 LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO
I ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY. PROPERTY LINE
N86°35'45"E 40.05'
■ N86°35'45'E 482.80'
P.O.C. EDMONDS
SW CORNER N86 35 45 E 20.02' LOT "A"
LOT B I
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
TE-35 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
EVELYN ARD & >�eere/surveyors (303) 442-4338 BETWEEN WCR(s)48&50
-.E COLORADO sPRnIcs ((j71e)z00—oee7
PAMELA K. ARD G aND"II 110N `e7°)26° PROJECT NO. SRP-26 SCALE: 1"=60'
aRamer (vro)aei-oe�e
WCR 49
wrl n r-n"rwrT". .,r,. r...•^-.. DATE: 11-18-14I DRAWN BY: TLT SHEET: 2 of 2
4089647 Pages: 11 of 13
03/12/2015 01:49 PM R Fee:$0.00
Carly Koppes Clerk and Recorder. Weld County: CO
IIiii W!lN lit:14:uAit IINILIAK;afViti:Mrniiiii, Ili iii
l
pi f ir II I t
me EN aim= a um
- ' NW CORNER
S6-T4N-R64W SECTION LINE
NCR .
_, .a _ __. _ - -
- en 4
. . - tir - , ar
el:
y
-_- $6-T4N-R64W
IIIIMI 1 ‘
I 20 ' TEMPORARY EASEMENT
TO BE ACQUIRED
% 4 -� 0 . 175 AC. ±
EV",,
ELYN ARD &
PAMELA K. ARD, , A
cn
TI
d- 20 PVREA PERMANENT
I ci
t A EASEMENT TO BE ACQUIRED
U 4 0 . 175 AC. ±
N.T.S.
i t . VARIABLE WIDTH RIGHT-OF-WAY
}• i TO BE ACQUIRED
1r li 0 . 299 AC . ±
i
1 v rlinPOSP• .
6= _
tagillriThr
PROPERTY lirLINE -�- - -
it"
i
I 1
It
} -°-� = EDMONDS
ii.....„..420; jildOIL,11
Ng - 4089647 Pages : 12 of 13
03/ 12/2015 01 : 49 PM R Fee : $0 . 00
Carly Koppes . Clerk and Recorder Weld County . CO
VIII POZ.Viii1610 m;niniiiih1a 'VANI t irl i i 1111
EXHIBIT "D"
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that
®
[PRINT FULL NAME(S)(SINGLE,JOINT, PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)]
is (are) the Owner(s)of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant
unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado corporation, whose post office address is Fort Collins,
Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the
undersigned:
A UTILITY EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS
CONSTRUCTED ON WORK ORDER#
0 Reception No. County , Township N, Range W, Section Book_, Page ,
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining,
and extending from time to time an overhead and/or underground electric line or system, including,but not limited to,poles, towers, fixtures,
conductors,guy wires,cables,conduits, vaults,transformers,pads,and enclosures,on,over or under the above-described lands;
A. And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and
shrubbery located within 18 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous
trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other
facilities of the Association.
B. The undersigned agrees to keep the area within 18 feet of the centerline of said underground or overhead electric line or system
clear of buildings, structures, piles of earth, rubbish, debris or other substances or materials,and to permit or otherwise agree to the
easement and joint use occupancy of other lines or systems.
C. And grants to the Association the right of access for ingress and egress over the lands above-described and the right to use the roads
or trails,whether public, private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed
from time to time.
D. And further agrees that all facilities installed by or for the Association shall remain the property of the Association, removable at the
option of the Association.
E. And further grants to the Association the right to use the easement for communication purposes including wireless transmitters and
receivers and phone line carrier equipment.
F. And shall not grant any other easement right-of-way,permit or license upon,under or over said property without the written consent
of the Association.The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or
waiver by the Association of any of its hereby expressed rights.
G. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all
claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following:
MORTGAGE COMPANY NAME:
® IN WITNESS WHEREOF the undersigned has set his hand and seal this day of , 20
(Owner) 0
(Signature)
(Owner) ®
(Signature)
(Owner) 0
STATE OF COLORADO ) (Signature)
) ss:
COUNTY OF ) SEAL
® The foregoing instrument was acknowledged before me this day of 20
by,
[PRINT OWNER(S) OF RECORD NAME(S)]
Notary Public: My Commission Expires:
(Signature) POUDRE VALLEY REA
I'O BOX 272550
FORT COLLINS.CO X11527
4089647 Pages: 13 of 13
Document/ 03/12/2015 01 :49 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County, Co
lid iiV III
Air MEMORANDUM
II1� �
TO: Clerk to the Board DATE: March 25, 2015
Co
1- uN=- ' (
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Item
RE: WCR 49 Project
Doc # 2015-053'1 RECEIVED
Warranty Deed with Evelyn and Pamela K. Ard. era 2
WELD COUNTY'
`Y,
Enclosures :OM' ISSION:7p
M URancic\AGENDA memos\Agende-Leon-I doe
3 - so - j20/5' CC �f W(fc��s\ 01‘10/5---053c
0-0/- /O EG W7a
-41-17-i5
WARRANTY DEED
THIS DEED made this ,:) day of -7.7. , 20 !between Evelyn Ard
and Pamela K. Ard, 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 1 150
"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 24098 WCR 50, LaSalle, Weld County, Colorado.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion and reversions,
reminder and remainders, rents, issues and profits thereof, and all estate, right, title,
interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantees, their heirs and assigns forever. And the
grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes
for the current year, easements, restrictions, covenants, conditions reservations and
rights-of-way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
4098847 Pages: 1 of 5
04/14/2015 Carly Koppes. Clerk 41 and Recorder R $0 Weld County,$0000
�I{I LOW' ' iY'Pit31.+rriil'ls',4, Ill III
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
EVELYN''ARD, Owner PAMELA K. ARD, Owner
State of )
)ss.
County of )
The foregoing instrument was acknowledged before me this `1' day of I i X} t7j -'
20 /'?, by Evelyn Ard and Pamela K. Ard, Owners.
I
TIFFANNERO V.JOHNSBLICONN0TA Witness my hand and official seal.
STATE OF COLORADO
NOTARY ID 20154009170
MY COMMISSION EXPIRES MARCH 4,2010 Y' i
h (C I ;1aiE . 1;1L1-7) L,
Nota�y Public _
My commission expires: 9) ( ,,3( i
4098847 Pages: 2 of 5
04/14/2015 04:41 PM R Fee:$0.00 D Fee:$0.00
Carly Kappes. Clerk and Recorder, Weld County. CO
■III Mlr rrv,:II I lfilliiL'Eih'+Yr4,l'+i4,I1J4Ciifi0:,f1,1 Ill III
ACCEP'T'ANCE
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(H(a).
Dated this 14 day of 4(ARCM , 2015.
ATTEST: d G• 'K 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 �J B Gb� , Ch A+1
Deputy CI k to he Boar ? '' arbara Kirkme er, Chair AR 5 0 2015
gsl ' t )� BOARD OF COUNTY COMMISSIONER
�_ OF THE COUNTY OF WELD
qua
STATE OF COLORADO )
)ss
COUNTY OF WELD )
or in
The foregoing instrument was acknowledged before me this 30 day of
2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD.
Witn
ess my hand and official seal.
KARLA FPUBLIC ORD ,_
NOTARY ORD1 t y thfirkiL
STATE OF COLORADO ota y Public
:TTA.RYID 19984029774
^^!EXPIRES DECEMBER 2 18 �j
My•connmssion expires. O
4098847 Pages: 3 of 5
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Carly Koppes. Clerk and Recorder. Weld County. CO
1111rarEP.4IliFilVia iiikfaJVAWk'."'Yii II III
EXHIBIT-A NW 1/4 S6-T4N-R64W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT "B",AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255,A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY, COLORADO,
LOCATED IN THE NW1/4 OF SECTION 6, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD,STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEEDS
RECORDED UNDER RECEPTION NO'S. 2712040 AND 3598189 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SOUTHWEST CORNER OF SAID LOT "B" FROM WHICH THE NORTHWEST CORNER OF
SAID LOT "B"BEARS N00°33'06"W, 384.42 FEET, THENCE N86°35'45"E, 40.05 FEET ALONG A SOUTH LINE OF
SAID LOT "B" TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED
RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE
POINT OF BEGINNING:
THENCE N00°33'06"W, 352.65 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 N89°08'08"E, 100.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 50;
THENCE S44°17'31 "W, 99.27 FEET;
THENCE S00°33'06"E, 281.31 FEET TO A SOUTH LINE OF SAID LOT "B";
THENCE 586°35'45"W, 30.04 FEET ALONG A SOUTH LINE OF SAID LOT "B" TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 13,010 SQUARE FEET (0.299 ACRES), MORE OR LESS
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE NORTHERLY 384.42 FEET OF SAID NORTHWEST ONE-QUARTER
SAID PARCEL CONTAINS 0.35 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY.
LEON W.SIEVERS,PLS 23520
RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY,COLORADO. 4098847 Pages: 4 of 5
04/14/2015 04:41 PM R Fee:$0.00 D Fee:$0.
Carly Koppes, Clerk and Recorder. Weld County, CO"
■IIIMrr11Wr�l.. Ail IOf Nil
',Nh.� �,M'i�jILf,1i1 �IIII
RIGHT OF WAY � y� WELD COUNTY DEPARTMENT
1
86y� OF PUBLIC WORKS
ACQUISITION
WCR 49 CORRIDOR PROJECT
� BETWEEN WCR 48&50
ARD PROJECT NO: SRP-26 SCALE:
WELD COUNTY. COLORADO V GQU -Nr-T - —
DATE: 3-13-I5 DRAWN BY:DRH SHEET: I oft
EXHIBIT-A
NW CORNER EXISTING 60' ROW COUNTY MAINTAINED.1 . (._ Sb T4N RNER RD100/206 RD. BK.4/PG.229 7-7-1886
(NW CORNER LOT"B"} C&R 8-48/P-275&299
APPROX. ROW LOCATION
ss+s me _a�soasse s IMO IIIIIIMMINIMMIIIII as NMI -nom+a a
71.
SECTION LINE I
N89°08'08"E 2607.58'
pis a■ a. on a. um w
WCR 150\--i,IPL
YY CR �
N89°08'08"E 100.00'
um um movirmwe r raw soie.sssssms{as
1 N 1/4 CORNER J
'L 56-T4N-R54W
cb
f1 p..b`
EVELYN ARD &
I •
•
EXISTING 40' ROW PAMELA K. ARD
.!•,\ I : (NW 1/4 56) LOT 1'B", AMENDED
, 1 BK 1046/PG 25
RECP#819302•
6-7-1939 RECORDED EXEMPTION
#1053-06-2 RE-3255
N PARCEL #1053-06-2-00-034
Lr)I RECEPTION #2712040 & 3598189
I
NI • ziz-,
NN
SD
O N W 172 M O
IPo b 0 z �� oV
VARIABLE WIDTH RIGHT-OF-WAY
ZoACQUIRED
13,010 SQ.FT.± OR 0.299 AC.±
0
z
I
NOTE: THIS EXHIBIT MAP DOES NW 1/4
NOT REPRESENT A AAONUMENTED 56-T4N R64W
PROPERTY
LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO
T.P.O.BI .� ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY. LINE
N86°35'45"E 40.05'
■ N86°35'45"E 482.80'
P.O.C.- EDMONDS
SW CORNER LOT "A"
LOT"B" S86°35'45"W 30.04'
RIGHT-OF-WAYWELD COUNTY DEPARTMENT
ACQUISITION RW-35 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
EVE INN ARD & -e- COLORADO SPRINGS (7119-DeS,
PAMELA K. ARD "'""'°" iii s;_`„°60„ PRWECT NO. SRP-26 SCALE: I"• 60'
\1'CR 49
WELD col;NTY.COLORADO DATE: I I-IS-I4IDRAWN BY: I'LT IsHEET:
4098847 Pages: 5 of 5
04/14/2015 04:41 PM R Fee:$0,00 D Fee'$0.00
Weld Carly Kopres Clerk and Recorder. County CO
l iu FIr� p 1,I,arc (i li��;Iiiiilw(ff�rfANI; L:r f,10 Ill ill
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