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Home My WebLink About20152135.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 - RONALD AND KAREN BERNHARDT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right-of-Way, and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ronald and Karen Bernhardt, 23909 CR 52, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ronald and Karen Bernhardt 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. 2015-2135 (fell-Sin) 8/1-7 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49— RONALD AND KAREN BERNHARDT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,,,,j_;� EXCUSED 1! G �-�C.� Barbara Kirkmeyer, Chair Weld County Clerk to the Board emtfac- Mike Freeman, Pro-Tem e bj ty Clerk to the Board ��• L ►,Sean P. Co way ��. APP D AS •- • ►� ��►.; /� 361 (1 ` lie A. Cozad ounty ttorney g/'3 � /� /Steve Moreno Date of signature: 2015-2135 EG0072 MEMORANDUM _ TO: Clerk to the Board DATE: June 10, 2015 GOUNT FROM: Tiffane Johnson & Leon Sievers Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the purchase of public road right-of-way and temporary construction easement with Ronald E. and Karen E. Bernhardt. RECEIVED JUL 1 0 2015 WELD COUNTY COMMISSIONERS M.\Francie\AGENDA memos\Agenda-Tiffane.doc 2015-2135 1 I c OD7Z AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN RONALD E. BERNHARDT AND KAREN E. BERNHARDT AND WELD COUNTY, COLORADO THIS AGREEMENT is made this c22ij day of Zf L.Y , 2015,by and between RONALD E. BERNHARDT AND KAREN E. BERNHARDT, whose address is 23909 County Road 52, 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 Ten Thousand One Hundred Forty Three Dollars, ($10,143.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand 4127640 Pages: 1 of 9 c,2075- 0 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III��1�'��i��i'L �'I�u��Li'+�I'�'�ll��Mt��'IF !LW, BM Page 2 of 5 Fifteen Dollars, ($1,015.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before June 18, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January 1, 2018, or upon the completion of the Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 9. Owner shall retain the mineral estate under the Public Road Right-of-Way and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Temporary Construction Easement. 10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County at the date of closing which shall be no later than thirty(30)days following the County's execution of this Agreement. 11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. 4127640 Pages: 2 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III��1�ti� �I �;I�het'h��k.A.V1l��'iMj Z:\WELDCNTY\C40#18\BERNHARDT\REV Compromise Agreement-Warranty Deed-6-3-15.docx Page 3 of 5 COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and/ or the Warranty Deed. 3. County shall pay Fourteen Thousand Five Hundred Six Dollars ($14,506.00)to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before June 18, 2015. If the agreement is not signed and returned on or before June 18, 2015, the County shall maintain its current offer of Fair Market Value of Eleven Thousand One Hundred Fifty Eight Dollars ($11,158.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The Owner shall be responsible for the subsequent maintenance of said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be 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. 4127640 Pages: 3 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co Z:\WELDCNTY\C40#18\BERNHARDT\REV Compromise Agreement-Warranty Deed-6-3-15.docx Page 4 of 5 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4127640 Pages: 4 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO ■III M!�1l ��r�'I 'IfatiEe'F'��' r�l�.' �w:�9��L�41O Ill II Z:\WELDCNTY\C40#1 8\BERNHARDT\REV Compromise Agreement-Warranty Deed-6-3-15.docx Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: RONALD E. BERNHARDT AND KAREN E. BERNHARDT Ronald E. Bernhardt Karen E. Bernhardt Date: I 1 Lr\ 1c...) ATTEST: ddrA4,41 G •xuo%�� BOARD OF COUNTY COMMISSIONERS Weld Co. ty Clerk to the B•and WELD COUNTY, COLORADO BY: IL _�.� >�� ' '' • La '1' 1 -Yt4C1 Deputy to he B• p y Cle �d� r ` � ike Freeman, Pro-Tem JUL Z 2 2015 361 t APPROVED AS TO FUN `� ; �� PPROVED AS T UB ANCE: Controller El d ial or Department Head APPROVED AS TO FORM: — NC Director of General Services County Attorney 4127640 Pages: 5 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County. CO ■111 MCIE��N•+Iti�f�i� � DE1I1011 II II I Z:\WELDCNTY\C40#18\BERNHARDT\REV Compromise Agreement-Warranty Deed-6-3-15.docx 02.4 EXHIBIT-A RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-B OF CORRECTED RECORDED EXEMPTION NO. 0961-25-4-RE-553 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1900198 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 AS BEARING NORTH 0012'56" WEST A DISTANCE OF 2648.30 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0012'56" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 A DISTANCE OF 30.08 FEET, THENCE DEPARTING SAID LINE SOUTH 89'47'04" WEST TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89'56'16" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 130.08 FEET; THENCE NORTH 44'52'34" EAST A DISTANCE OF 98.95 FEET; THENCE NORTH 0012'56" WEST TO A POINT ON THE NORTHERLY LINE OF SAID LOT-B A DISTANCE OF 358.09 FEET; THENCE SOUTH 6714'56" EAST ALONG SAID NORTHERLY LINE TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 65.17 FEET; THENCE SOUTH 0012'56" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 402.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27,386.01 sft. OR 0.63 ac.± MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 AND WELD COUNTY ROAD 52 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL CONTAINING 0.38 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4127640 Pages: 6 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III a'l'I'AL'i �'MktiiiI' II III WELD COUNTY DEPARTMENT RIGHT OF WAY " .44Q.PiAL004/' OF PUBLIC WORKS ACQUISITION I. �� WCR 49 BETWEEN CORRIDOR PROJECT & WCR 54 BERNIIARDT �� PROJECT NO: SRP-26 SCALE: WCR 49 L COUNTY WELD COUNTY,COLORADO DATE: 3-17-15 BY: JHB SHEET: 1 oft EXHIBIT-A NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED GS E 1/4 COR. LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO S25-T5N-R65W ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 3 1/4" A.C. STAMPED LS#2O685 1 11987 IN MON. BOX I ID M1 N co o (DILE N'03 SE 1/4 u_ 523 T 5N-'.65\2 I NO I NN I —1(7) b-< o.co z $6,•7,4$6" I I SW 1/4 RONALD & KAREN BERNHARDT V,,' a- • I 530-T3N-R64W PARC.#096125000057 • %`fff' 1 rn RECP.#1914203 1914203 !r; t �t- LOT B/CORR. RE-553 :419014,,, : CC RECP.#1900198 I 0I ttIV I I NI & .J DAIRY t fe f I I RIGHT-OF-WAY ACQUIRED0 riVI;IY ' I WCR 49 EXISTING 27,386.01 sf.± OR 0.63 ac.± r ' • I RIGHT—OF—WAY 1, : s BK.83/PG.349 LINE TABLE &{��„�� ,�b3O1 _4O' LINE BEARING DISTANCE : '� • W ' L1 NOO'12'56"W 30.08' �r,• 'A�"r L2 S89'47'O4"W 30.00' f /l!+" S 1/4 COR. S25—T5N—R65W oc ' b`; f .yDx �:4,4,,, f EXISTING 60' 3 1/4" A.C. �, %� RIGHT-OF-WAY STAMPED LS#7242 p�`° ,44,44V0.0%.'`, 1993 �b, r �� r (NOT MAINTAINED) L2 ,rte r `f — - — _ S89'56'16"W.._ .-.. .._.. .._.. - ._.. /.... _.._.._.._.._..- S89'56'16"W 2637.8 - - - - - - - - I - WCR 52 P.O.C. SE COR. P & A EXISTING 60' I S25-T5N-R65W TJRC;E-Y FARMS RIGHT-OF-WAY I 2 1/2" A.C. BK.83/PG.339 STAMPED LS#9644 I 1999 IN MON. BOX RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION �� 7 r� .. WCR 49 CORRIDOR PROJECT 1J� BETWEEN WCR 52&WCR 54 BERNHARDT wre [Da _` - ' N T Y PROJECT NO: SRP-26 I SCALE: 1"=100 4127640 Pages: 7 of 9 DATE: 3-17-15 BY: JHB SHEET: 2of2 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO III KIrIIRiIMIIIAI AVID+ IIVVIAwM,LNIIIIIII I iI II I EXHIBIT-B TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-B OF CORRECTED RECORDED EXEMPTION NO. 0961-25-4-RE-553 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1900198 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 AS BEARING NORTH 0012'56" WEST A DISTANCE OF 2648.30 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'56'16" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 160.16 FEET; THENCE DEPARTING SAID LINE NORTH 00'03'44" WEST TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89'56'16" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 28.25 FEET; THENCE NORTH 44'52'34" EAST A DISTANCE OF 110.60 FEET; THENCE NORTH 0012'56" WEST TO A POINT ON THE NORTHERLY LINE OF SAID LOT-B A DISTANCE OF 358.27 FEET; THENCE SOUTH 6714'56" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 21.72 FEET; THENCE SOUTH 00'12'56" EAST A DISTANCE OF 358.09 FEET; THENCE SOUTH 44'52'34" WEST A DISTANCE OF 98.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,259.22 sf.± OR 0.21 ac.± MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4127640 Pages: 8 of 9 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO ■III l��1� �( tiQ '��f��'+ Pi,ia�?iW nN��h'ill�,�i 11111 TEMPORARY EASEMENT 1 1 WELD COUNTY DEPARTMENT 86 OF PUBLIC WORKS ACQUISITION 4120 WCR 49 CORRIDOR PROJECT t BETWEEN WCR 52& WCR 54 BERNHARDT C. .J PROJECT NO: SRP-26 SCALE: WCR 49 IL-_c O—UNITY WELD COUNTY,COLORADO DATE: 3-17-15 BY: JHB SHEET: 1 of 2 EXHIBIT-B NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 4 E 1/4 COR. LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO S25-T5N-R65W ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 3 1/4" A.C. STAMPED LS#20685 - 11987 IN MON. BOX 1-11).`0;' rON I 0o 0 11-I§le CNA SE './4 m 1 u. S25 T5N-R55W I 2I0 S' S67'14'56"E N:c 21.72' '-Icn oa oim z RONALD & KAREN BERNHARDT SW 1/4 PARC.#096125000057 1 : I Sao-'5N R64W RECP.#1914203 20' TEMPORARY LOT B/CORR. RE-553 EASEMENT d- RECP.#1900198 9,259.22 sf.± I OR 0.21 ac.± CC i•-• 0 I 1 O M I I nn, & d L A RY cd nw ul e N I 1 1 LINE TABLE 0 0 o I : I N EXISTING 70' LINE BEARING DISTANCE z RIGHT-OF-WAY L1 NO0'03'44"W 30.00' , 0 30'i 40' o L2 S89'56'16"W 28.25' a L3 N44'52'34"E 110.60' o L4 S44'52'34"W 98.95' ct i i 1 S 1/4 COR. I I S25-T5N-R65W EXISTING 60' EXISTING 60' 3 1/4" A.C. RIGHT-OF-WAY \, I RIGHT-OF-WAY STAMPED LS#7242 (NOT MAINTAINED) 1993 P.0.B. WCR 52 _.. .-.._.._..-.o .. _..-..-..-..-J -.. 16016'-..-.. S89'56'16"W 2637.83' P.O.C. SE COR. P & A I S25—T5N—R65W •T.d=�KE� ~ARMS • i 2 1/2" A.C. STAMPED LS#9644 1999 IN MON. BOX TEMPORARY EASEMENT 1861 WELD COUNTY DEPARTMENT A OF PUBLIC WORKS ACQUISITION �� .. WCR 49 CORRIDOR PROJECT BERNHARDT �� BETWEEN WCR 52&WCR 54 �� __- f PROJECT NO: SRP-26 SCALE: 1"=100 N T Y --e- 4127640 Pages: 9 of 9 DATE: 3-17-15 BY: JHB SHEET: 2of2 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kir.lidliina HA NA Milt iti,7iiiiiiiiiiiii, III II MEMORANDUM r R ; :"= , 1� w► ,' TO: Clerk to the Board DATE: 2/19/2016 COU TYi FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2015-2135 Warranty Deed with Ronald E. and Karen E. Bernhardt for the WCR 49 improvement project. RECEIVED FEB 22 26 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc 6e;., W) r41/ 6-) 090/6 NR, Apitt too s a.-ag-t u 3I3� WARRANTY DEED f-rik THIS DEED made this day of , 20J , between Ronald E. Bernhardt and Karen E. Bernhardt, whose address is 23 9 County Road 52, Greeley, CO 80631, 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, Grantee: 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: 23909 County Road 52, Greeley, CO 80631 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. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. 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, 4183566 Pages: 1 of 5 0/57-10V3� 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 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. c,i4" Ronald E. Bernhardt, Owner Karen E. Bernhardt, Owner JAMES R. FLESHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7.2019 State of /or ) )ss. County of �/ l ) The foregoing instrument was acknowledged before me this 1 day of �t(2u �/, 20 1{ , by Ronald E. Bernhardt and Karen E. Bernhardt. Witness my hand and official seal. tary Public My commission expires: (G77- /S 4183566 Pages: 2 of 5 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ill WI N„VIritilid I 0PPOIMKf CU'd 'i Ill III 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 said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 1t' day of , 2016. ATTEST: tad 't•i• COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF I�"'++�STATE OF COLORADO THE COUNTY OF WELD �,y E La I tu% ,d�►� 1� ,,nn`� ��1 BY. Dep y Clerk o the Board �i/Ij ,� Mike Freeman, Chair `�►,.,,,,,,.,� BOARD OF COUNTY FEB 2 4 2016 COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this VT/1 day of 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Pub c My commission expires: /2//r/p2/d:�/ CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4183566 Pages: 3 of 5 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 D /�, /� Carly Koppes, Clerk and Recorder, Weld County, CO e/ 1111 iiN.w11Tila I tk l) 361..44111,4 11111 EXHIBIT-A RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-B OF CORRECTED RECORDED EXEMPTION NO. 0961-25-4-RE-553 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1900198 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 AS BEARING NORTH 00'12'56" WEST A DISTANCE OF 2648.30 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'12'56" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 25 A DISTANCE OF 30.08 FEET, THENCE DEPARTING SAID LINE SOUTH 89'47'04" WEST TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89'56'16" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 130.08 FEET; THENCE NORTH 44'52'34" EAST A DISTANCE OF 98.95 FEET; THENCE NORTH 00'12'56" WEST TO A POINT ON THE NORTHERLY LINE OF SAID LOT-8 A DISTANCE OF 358.09 FEET; THENCE SOUTH 67'14'56" EAST ALONG SAID NORTHERLY LINE TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 65.17 FEET; THENCE SOUTH 00'12'56" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 402.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27,386.01 sft. OR 0.63 ac.± MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 AND WELD COUNTY ROAD 52 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL CONTAINING 0.38 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION ® , ; j lr‘ - WCR 49 CORRIDOR PROJECT BETWEEN WCR 52&WCR 54 BERNHARDT � 2 �`I ��' `p '� PROJECT NO: SRP-26 SCALE: WCR49 At CO0NTY WF.r.n COUNTY.COLORADO DATE: 3-17-15 BY: JHB SHEET: loft 4183566 Pages: 4 of 5 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII P.k11i K MOIL ak IO'aliAli 111111 EXHIBIT-A NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED E 1/4 COR. LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ' S25-T5N-R65W ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 3 1/4" A.C. STAMPED LS#20685 1987 IN MON. BOX I �I0 I HAMILTON O: X I:4 N Q 'S' t I m SE 1/4 525-T5N-R65W I CIO I Nc —I o Q oco z. S6..).. 1456f I • e : I SW 1/4 RONALD & KAREN BERNHARDT /I I S30-T5N-R64W PARC.#096125000057 �/1 cz RECP.#1914203 1914203 LOT B/CORR. RE-553 '. 1 RECP.#1900198 4 O cci in M & J DAIRY V N b WCR 49 EXISTING RIGHT—OF—WAY ACQUIRED e 27,386.01 sf.± OR 0.63 ac.± z 4 RIGHT—OF—WAY LINE TABLE " ' 40' BK.83/PG.349 LINE BEARING DISTANCE 4: I L1 N00'12'56"W 30.08' L L2 S89'47'04"W 30.00' ,I 1 S 1/4 COR. ) I S25-T5N-R65W p� EXISTING 60' 3 1/4" A.C. rj,� POP O. RIGHT-OF-WAY S993PED LS#7242 IX �IX • (NOT MAINTAINED) S89'56'16"W 2637.83' 17ii\NWCR 52 P.O.C. SE COR. P & A EXISTING 60' I S25-T5N-R65W TURKEY FARMS RIGHT-OF-WAY 2 1/2" A.C. BK.83/PG.339 STAMPED LS#9644 1 1999 IN MON. BOX RIGHT OF WAY 861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION Rw 42 , f L = WCR 49 CORRIDOR PROJECT BETWEEN WCR 52& WCR 54 BERNHARDT ! PROJECT NO: SRP-26 SCALE: 1"=100 ._..-. _____WCR 49 _C 0_u_,- 4183566 Pages: 5 of 5 DATE: 3-17-15 BY: JHB SHEET: 2of2 g 02/25/2016 01:50 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO lIII RIF.CIAL ' "L Ii :h10I LIV,li;VW+,II iiiii Bill Hello