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Home My WebLink About20150931.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 - KEITH MAXEY 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, on the 8th day of April, 2015, the Board was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Keith Maxey, 26114 County Road 49, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deemed it advisable to continue said agreement to April 15, 2015, for the purpose of allowing further research by staff concerning the correct property owner(s), and WHEREAS, after further research conducted by Staff, it was determined that no changes needed to be made to said agreement, and WHEREAS, after review, the Board deems it advisable to reconsider and 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 Keith Maxey 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. 1&?Ui Ce'i-6N1 2 2015-0931 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - KEITH MAXEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST:C� � / i � � / �/ t.C . arbara Kirkmeyer, Chair Weld County Clerk to the Board na n i f Mike Freeman, Pro-Tem BY: Q gl d GI✓ (1 i pJi y Clerk to th Board - -- �r..� Sean P. Conway IE1Le) ci- APPROVED AS TO FORM `� ,/ o' ulie A. Cozad i?r� iii I j ': - County Attorney t '"" ,!}mot'-✓-e_ Pow) ® teve Moreno Date of signature: 'Ilb ` ui 4, 2015-0931 EO0072 y, 186r MEMORANDUM '[►�rT r,. E� -L> TO: Clerk to the Board DA"f E: April I, 2015 V!cC h _ Y FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for Purchase of Public Road Right-of-Way and Temporary Construction Easement with Keith R. Maxey. Enclosures RECEIVED WELD COUNTY COMMISSIONERS 1.i,Francle:ACIiNDA recmas..Aucnd a-I.can-I Jac 2015-0931 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN KEITH R. MAXEY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this <<-J day of mje1<r , 2015, by and between KEITH R. MAXEY, whose address is 26114 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 Nine Hundred Thirty Seven Dollars and Fifty Cents, ($937.50). 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 Five Hundred Sixty Two Dollars and Fifty Cents, ($562.50). The parties acknowledge and agree 4099121 Pages: 1 of 9 0.20/6— U y3/ 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO VIII MIr��J��I�rL�l,f4'If�:F MJ I +,iK:L�} iii'4 F'Ir h �I II Page 2 of 5 3. If this agreement is executed and returned to our office on or before April 2, 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 Easements to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easements 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 Easements 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. 4099121 Pages: 2 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder., Weld County, CO ■III 11111 Z:AWELDCNTYVC40#18\MAXEY,KEITH\REV Compromise Agreement-Warranty Deed-3-18-15.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 One Thousand Nine Hundred Fifty Dollars ($1,950.00) 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 April 2, 2015. If the agreement is not signed and returned on or before April 2, 2015, the County shall maintain its current offer of Fair Market Value of One Thousand Five Hundred Dollars ($1,500.00) 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. County shall at closing pay Three Hundred Dollars ($300.00) to the Owner for the Owner to relocate the existing earthen irrigation ditch located within the new right of way to be acquired to the outside boundary of the temporary easement prior to construction, and at the conclusion of construction the Owner shall relocate the irrigation ditch along the outside boundary of the new right of way. 6. As a part of the reconstruction of WCR 49, the County agrees to reconstruct Owner's driveway approach onto the new WCR 49 roadway, including the installation of a culvert adequate to convey normal drainage beneath the new driveway entrance. 7. The County shall pay the Owner for actual damages to crops caused by the disruption of irrigation flows resulting from construction activities related to this project. 8. 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. 4099121 Pages: 3 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County: CO 11111 P:AW ELDCNTYVC40#18\MAXEY,KEITH\REV Compromise Agreement-Warranty Deed-3-18-15.docx Page 4 of5 MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 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. 4099121 Pages: 4 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder., Weld County, CO EMI 1l�}�Nir�{lip'li}�Lti,�rNltil l',l:"i UIIII Z:\WELDCNTY\C40#18\MAX EY, KEITH\REV Compromise Agreement-Warranty Deed-3-I8-15.docx Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: KEITH R. MAXEY deg Keith R. Maxey v Date ATTEST: dj G. ;64, BOARD OF COUNTY COMMISSIONERS Weld '.unty Clerk to the Board WELD COUNTY, CO ORADO eputy� lerk to the t ar t‘, arbara Kirkme er, Chair/ 'APR 1 3 20J 1861 1 •€ ,,� i rv'�TT - i A OVED AS O F '� j., � APPROVED AS STANCE: �� r'�d�; `� L # 9 Controller Elect-6cial or epartment Head APPROV AS TO FORM: N I A Director of General Services Co n 4099121 Pages: 5 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO I IIIIRIPAFHI1Ci41,Iiii'Ir'rORAl'IBLEQiirf'iYIi II III Z:\W ELDCNTY\C40#18\MAXEY,KEITH\REV Compromise Agreement-Warranty Deed-3-I 8-15.docx 0,704. ---D 93I EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST CF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 0963-19-3-RE1886 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2500359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 19 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 19 A DISTANCE OF 400.24 FEET; THENCE DEPARTING SAID LINE NORTH 89'33'44" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 00'26'16" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE NORTH LINE OF SAID LOT-A A DISTANCE OF 214.72 FEET; THENCE SOUTH 89'49'32" EAST ALONG SAID NORTH LINE A DISTANCE OF 14.62 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 214.54 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'47'11" AND WHOSE CHORD BEARS SOUTH 01'49'45" WEST TO A POINT ON THE SOUTH LINE OF SAID LOT-A A DISTANCE OF 214.54 FEET; THENCE SOUTH 87'45'48" WEST ALONG SAID SOUTH LINE A DISTANCE OF 6.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,172.92 sf. OR 0.05 oc. MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL CONTAINING 0.15 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4099121 Pages: 6 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO Mika 'I'll RIGIIT OF WAY WELD COUNTY DEPARTMENT �. y1861 � ...� OF PUBLIC WORKS ACQUISITION 0211) r WCR 49 CORRIDOR PROJECT ��/ BETWEEN WCR 54& US HWY 34 KEITH MAXE'Y '��( u PROJECT NO: 5RP-26 SCALE Wt'R49 V O N TY► 4lFII)COIN IY.COLORADO DATE: 4-8-15 BY: JHB SHEET: loft EXHIBIT-A (,,-,i! .1 W 1/4 COR S19-T5N-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND 2 1/2" A.C. SURVEY OR LAND SURVEY PLAT. STAMPED ALLES LS#9644 IT IS INTENDED TO ILLUSTRATE THE 2001 IN MON. BOX ATTACHED PROPERTY DESCRIPTION ONLY. I ' I J. MAXEY I \ R S89'49'32"E 14.62' ADDITIONAL RIGHT-OF-WAY ACQUIRED o 2,172.92 sf.± to : OR 0.05 GC.± KEITH MAXEY m PARC.#096319300066 `_.o ^ -+ L=214.54' RECP.#3170635 S' 10 <22 - R=15630.00' N I d NI 00'47'11" LOT A/RE-1886 zo.m CS=So1'49'45"W RECP.#2500359 C=214.54' IID N O Z WCR 49 I r- EXISTING I RIGHT-OF-WAY N89'33'h4"E I '1-548W I . I1f_S87 6.13' R I P.O.B. • --EXISTING 30' RIGHT—OF—WAY BK.86/PG.273 OCT. 12, 1889 -4I O "-I •- —APPARENT 30' RIGHT—OF—WAY I I cz P.O.C. , SW COR S19-15N-R64W 2 1/2" A.C. STAMPED LS#34980 -. 2008 IN MON. BOX RIGHT OF WAY WELD COUNTY DEPARTMENT �.'` 1861 ,'°".'. ACQUISITION OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT RW 50 n) BETWEEN WCR 54 &US I IWY 34 KEITH MAXEY E /Ili WCR 49 > e; p U �-' PROJECT NO. SRP-26 SCALE. 1"-50 T Y WELD CO1;NIY,COLORADO . DATE: 4-8-15 DRAWN BY: JHB SHEET: 2 o12 4099121 Pages: 7 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO VIII Enid ink'iNIIIIilliliMPFII;IlIifLL'v rilli 9'ii i, II II EXHIBIT-B PROPERTY DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 0963-19-3-RE188S FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2500359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 19 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 19 A DISTANCE OF 400.44 FEET; THENCE DEPARTING SAID LINE NORTH 89'33'44" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 36.12 FEET AND BEING THE POINT OF BEGINNING, THENCE 214.54 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET. CENTRAL ANGLE IS 00'47'11" AND WHOSE CHORD BEARS NORTH 01'49'45" EAST TO A POINT ON THE NORTH LINE OF SAID LOT-A A DISTANCE OF 214.54 FEET; THENCE SOUTH 89'49'32" EAST ALONG SAID NORTH LINE A DISTANCE OF 20.01 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 213.70 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,610.00 FEET, CENTRAL ANGLE IS 00'47'04" AND WHOSE CHORD BEARS SOUTH 01'49'59" WEST TO A POINT ON THE SOUTH LINE OF SAID LOT-A A DISTANCE OF 213.69 FEET; THENCE SOUTH 87'45'48" WEST ALONG SAID SOUTH LINE A DISTANCE OF 20.04 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,281.58 sf. OR 0.10 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGEN I AND SURVEYOR IN AND FOR WELD COUNTY. COLORADO. 4099121 Pages: 8 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO 11111 !��IM7�I�rLrdfii�l��I,IK�R' ''LYS��h�;riM'i LPL' II 111 TEMPORARY EASEMENT +� V'ELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION re so r WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 KEITH MAXEY PROJECT NO: WCR v ti T Y SRP-26 SCALE: WELD COUNTY.COLORADO _._. DaTI=: 4-8-15 BY JHB SHEET: 1 oft EXHIBIT-B -W 1 4 COR S19-TSN-R64W NOTE: THIS EXHIBIT MAP DOES NOT I4,-,----1 / REPRESENT A MONUMENTED LAND 2 1/2" A.C. SURVEY OR LAND SURVEY PLAT. STAMPED ALLES LS#9644 IT IS INTENDED TO ILLUSTRATE THE 2001 IN MON. BOX ATTACHED PROPERTY DESCRIPTION ONLY. I I . 1 r,..- I N/ N L.,. . L S89'49'32"E `.`: ;., •. 20.01' f ',l IZt;;:. ' 5 ';'• s •-•---L=213.70' J z ` ;, R=15610.00' ,4 .Z O it t. 00'47'04" d .`C: ' CB=SO1'49'59"W KEITH MAXEY N � 16 a \ C=213.69' I 31c4 , < PARC.#096319300066 `°:o -", -'.•. L=214.54' RECP.#3170635 S. i°I N R=15630.00' I `" NI 6=00'47'11" LOT A/RE-1886 \:' CB=NO1'49'45"E RECP.#2500359 z r r'{ C=214,54' 2��' • r • l/ N ..i ` 20' TEMPORARY • b EASEMENT Z 4,281.58 sf.± " OR 0.10 ac.± •� .. • ` N89'33'A4"E I X\ 36.12' I , . R (I P.0.8. �S87'45'48"W 20.04' 0 - —EXISTING 30' RIGHT-OF-WAY • BK.86/PG.273 OCT. 12. 1889 -4I -y vI • APPARENT 30' RIGHT-OF-WAY oo R. .jr- P.O.C. ; \ SW COR S19-T5N-R64W 2 1/2" A.C. STAMPED LS#34980 `,'• �� --2008 IN MON. BOX TEMPORARY EASEMENT �' WELD COUNTY DEPARTMENT ''-.�'y ""� OF PUBLIC WORKS ACQUISITION TE So J' �Ir WCR 49 CORRIDOR PROJECI ' t BETWEEN WCR 54& US HWY 34 KEITH MAXEY 1*r Ii WCR 49 iVA G Q U Y { N T i PROJECT NO: SRP-26 SCALE: i"=50 W1.I)COUNTY COLORADO I r DATE 4-8-15 DRAWN 8Y: .IIIB SHEET: 2af2 4099121 Pages: 9 of 9 04/15/2015 02:05 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO Mill killAiihaiNrJlf0.IfNh illiiiPil,W,t4,;,,O114, BIM MEMORANDUM • • il' TO: Clerk to the Board DATE: May 29, 2015 . OO0. NTY FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item Doc#2015-0931 Warranty Deed with Keith R. Maxey for WCR 49 Project between WCR 54 and U. S. Hwy 34. RECEIVED JUN 01 2015 WELD COUNTY COMMISSIONERS M Franoie'AGENDA niemosA enda-Leon-1.doe X15-ORtir to -IS eG: Pa)(1.-J7 EGoo-ta b.- to - lb- 49--.2a - /6 WARRANTY DEED THIS DEED made this �d day of Ake , 20/.b, between Keith R. Maxey 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: 26114 County Road 49, Greeley, 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 0/5-092 4115539 Pages: 1 of 5 06/12/2015 02:42 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII M��1�1i}I�e��Ir�G,I# 'life iNlikY1t11�M1�i4h� GW III III leCIC Keith R. Maxey State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this day of h [ L I , 2015, by Keith R. Maxey. I IFFANE V.JOHNSON Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO N"NARY ID 20154008170 r tdISSION EXPIRES IMRCH 4,2018 \9L I _ Nota Public My commission expires: .24L( 9C lei 4115539 Pages: 2 of 5 06/12/2015 02:42 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County.. CO ■III<4,ili1bigait4f?lial+?iialikkWMilliAli 11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this / n-rd day of .___1(1A, 2015. ATTEST: S4 lidoiek 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: *fit" iumt% BY A t Deputy Cler to the Board e`'� �° Barbara Kirkmey , Chair r p y �e� BOARD OF COUNTY JUN I 0 2015 tuttoclacpruni I COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD The foregoing instrument was acknowledged before me this t/ day of c IV/LC{itt , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness 'ry hand mtKKARLA�F� �cal. NOTARY PUBLIC �, n _ STATE OF COLORADO rJ(� 41114 NOTARY ID 19984029774 Not ry Public MY COMMISSION EXPIRES DECEMBER 2,2018 My commission expires: Itcemheh A, aaif 4115539 Pages: 3 of 5 672Q/5- Z.5 / 06/12/2015 02.4 k eMd Reco de$0 Weld County CO �III 'li;e1f1'hiciihithiv,k ie�+ iii'JIP?111%4i1W4 11111 EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 0963-19-3-RE1886 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2500359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 19 AS BEARING NORTH 0026'16" WEST A DISTANCE OF 2634.18 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 19 A DISTANCE OF 400.24 FEET; THENCE DEPARTING SAID LINE NORTH 89'33'44" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 00'26'16" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE NORTH LINE OF SAID LOT-A A DISTANCE OF 214.72 FEET; THENCE SOUTH 89'49'32" EAST ALONG SAID NORTH LINE A DISTANCE OF 14.62 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 214.54 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'47'11" AND WHOSE CHORD BEARS SOUTH 01'49'45" WEST TO A POINT ON THE SOUTH LINE OF SAID LOT-A A DISTANCE OF 214.54 FEET; THENCE SOUTH 87'45'48" WEST ALONG SAID SOUTH LINE A DISTANCE OF 6.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,172.92 sf. OR 0.05 ac. MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL CONTAINING 0.15 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4115539 Pages: 4 of 5 06/12/2015 02:42 PM R Fee:$0.00 Carly Kappes. Clerk and Recorder, Weld County. CO M!VJOHhlTIf I,14IR,UV With II ill RIGHT OF WAY ti 1 1 WELD COUNTY DEPARTMENT 86 OF PUBLIC WORKS ACQUISITION RW-50 C WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 KEITH MAXEYCIE aJ WCR 49 .. 0 NTY PROJECT N0: SRP-26 SCALE: WELD COUNTY.COLORADO DATE: 4-8-15 BY: JHB SHEET: I oft EXHIBIT-A v--I W 1/4 COR S19-T5N-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND 2 1/2" A.C. SURVEY OR LAND SURVEY PLAT. STAMPED ALLES LS#9644 IT IS INTENDED TO ILLUSTRATE THE 2001 IN MON. BOX ATTACHED PROPERTY DESCRIPTION ONLY. Nr NI ' 589'49'32"E R L„ 14.62' C A. I DI... ! ADDITIONAL RIGHT—OF—WAY 41) ACQUIRED 0 2,172.92 sf.± OR 0.05 ac.± KEITH MAXEY ' Do ' PARC.#096319300066 ,__:o L=214.54' RECP.#3170635 S' -`,11< < a R=15630.00' I o IQ N' A=00'47'11" LOT A/RE-1886 o.m CB=S01'49'45"W RECP.#2500359 z. C=214.54' In N O O z WCR 49 I EXISTING RIGHT-OF-WAY I N89'33'44"E 587'45'48"W 130.00' I 6.13' R P.O.B. • —EXISTING 30' RIGHT-OF-WAY BK.86/PG.273 OCT. 12, 1889 vl O /a I 0--APPARENT 30' RIGHT-OF-WAY • I P.O.C. $.;! SW COR 519-T5N-R64W 2 1/2" A.C. STAMPED LS#34980 I 2008 IN MON. BOX ^J RIGHT OF WAY 18 WELD COUNTY DEPARTMENT ACQUISITION 61 OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54&US HWY 34 KEITH MAXEY WCR 49 `'G= CT_U N T Y . PROJECT NO: SRP-26 I SCALE: I"=50 W LI D COUNTY,COLORADO 14115539 Pages: 5 of 5 06/12/2015 02:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO lIII MIr.rINIII,iiViluldi,lrAl41ISriilY,.F.%M4Alliyi,III HI Hello