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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 4089647 Pages: 1 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ���� �1�;Y�Kr '4J�aG 'I 14C 1iI' GR�UM� 1LY�h "III Page 2 of 5 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. ••V � Z N a a P:IWELDCNTY1C40#181ARD1REV Compromise Agreement FINAL by Leon 1-16-15.docx NyM 4M� �mV- - Page3of5 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 N o ma P:IWELDCNTY\C40#181ARDRREV Compromise Agreement FINAL by Leon 1-16-15.docx 413(Y a) a 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. 4089647 Pages: 4 of 13 03/12/2015 01:49 PM R Fee:$0.00 ,I III Carly /2ppes015 Clerk and Recorder, Weld County CO itforamilPAWELDCNTYNC401/181ARD\REV Compromise Agreement FINAL by Leon 1-16-15.docx Page 5of5 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 P:IWELDCNTY1C40#181ARD\REV Compromise Agreement FINAL by Leon 1-16-15.docx 4089647 Pages: 5 of 13 03/12/2015 01:49 P11 R Fee:$0.00 Carly���� 'i1��e�i'�iCounty, is 1 ��III o2D41 05:3 9 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 4089647 Pages: 6 of 13 03/12/2015 01:49 PM R Fee:$0.00 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 I 4089647 Pages: 7 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County: CO ■III 14!FJI:'?IKI 11OOO hilR IIFiII:hilID II/Villiiiiiiiii,ili I III 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 4089647 Pages: 8 of 13 03/12/2015 01 :49 PM R Fee:$0.00 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 4089647 Pages: 9 of 13 03/12/2015 01:49 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County. CO uIII'Milli h'hillilli«laii 4IiiiVill WA V iiiii'"iai 1'i II 111 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 04/14/2015 04:41 PM R Fee:$0.00 D Fee:$0.00 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 Hello