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Home My WebLink About20141172.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - JUANITA MCCAULEY 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 for 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 Juanita McCauley, 3065 Aspen Drive, Loveland, Colorado 80538, commencing upon execution of signature, with further 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 for 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 Juanita McCauley, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. =7 I in.a +D TwC.F.4- s3 4Lit9 cc: Pw (Ft, LS,i n" 2014-1172 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT — JUANITA MCCAULEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of April, A.D., 2014. ATTEST: d ell ; L Weld County Clerk to the Board BY AP my Attorney Date of signature: 4.12/l�1 William F. Garcia BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO (.4)3 caanc Douglas(Rademacher„ Chair rbara Kirkmeyer, Pro-Tem / P. Conway Mike Fr C 2014-1172 EG0070 MEMORANDUM TO: Clerk to the Board DATE: April 10, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Purchase of Public Right -of -Way and Temporary Construction Easement for Certain Improvements to WCR 49 with Juanita L. McCauley. One original agreement is attached. M:FrancithAGENDA memos Agenda.Leon-I.doc 2014-1172 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN JUANITA L. McCAULEY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 01% day of , 2014, by and between Juanita L. McCauley, whose address is 3065 Aspen Drive, Lovelan Colorado 80538, hereinafter 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 real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, Owner owns 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, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Road Improvement Project, and WHEREAS, County will need said Temporary Construction Easement in order to construct a driveway and fence which is required in conjunction with the Road Improvement 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 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 . The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Agmt for Purchase of ROW and Temp Easement -Possession Following Transfer Page 1 0/11-8 72 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of . The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that she is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements and all matters of record. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence on May 1, 2014, and shall expire and be of no further force or effect on May 1, 2015, or upon the completion of the Road Improvement Project, whichever is earlier. Owner shall not, during the term of this 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; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate under the Public Road Public Road Right -of - Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right - of -Way to County at the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. 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 the transfer of title, when Owner delivers the Deed of Dedication to County. Owner is solely Agmt for Purchase of ROW and Temp Easement -Possession Following Transfer Page 2 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/or Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and/or Temporary Easement. 2. County shall pay all fees associated with recording the Deed of Dedication. 3. County shall pay Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrants at the date of the transfer of title. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit B to a level comparable to its original condition. 5. County will reimburse the Owner for the cost to replace approximately 900 If of barbed wire fence, for the cost to reconstruct approximately 1300 If of tail water irrigation ditch and for the cost to construct a irrigation tail water detention pond. 6. County agrees to preserve existing agricultural access located off Weld County Road 49 which the County will rebuild within the Temporary Easement. MISCELLANEOUS: 1. Following the transfer of title, it is expressly agreed by the parties hereto that County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use said Public Road Right -of -Way and the Temporary Construction Easement, and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right -of -Way and Temporary Construction Easement as may be useful and necessary. Agmt for Purchase of ROW and Temp Easement -Possession Following Transfer Page 3 2. This Agreement and the transfers of the Public Road Right -of -Way and 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. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. 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. 5. 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. 6. 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. 7. 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. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of ROW and Temp Easement -Possession Following Transfer Page 4 BY - IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Juanita L. McCauley By: Title: Owner ATTEST:d &s( edw;ok Weld CountyClerk to the Board , Depbty Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Agmt for Purchase of ROW and Temp Easement -Possession Following Transfer Page 5 ofit-lira EXHIBIT -A NE 1/4 S24-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTH HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF RECORDED EXEMPTION NO. 2623 (RE -2623) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767680 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTH HALF OF THE NORTHEAST ONE -QUARTER AS BEARING SOUTH 0026'32" EAST A DISTANCE OF 2634.11 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'26'32" EAST ALONG THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 79.65 FEET; THENCE SOUTH 89'33'28" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 50.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'26'32" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 300.00 FEET; THENCE NORTH 89'33'09" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.00 FEET; THENCE SOUTH 0026'32" EAST ALONG SAID RIGHT-OF-WAY TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST ONE -QUARTER AND BEING THE SOUTHERLY LINE OF RE -2623 A DISTANCE OF 937.22 FEET; THENCE DEPARTING SAID WEST LINE SOUTHERLY 89'52'56" WEST ALONG THE SOUTHERLY LINE OF SAID RE -2623 A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 0026'32" WEST A DISTANCE OF 1168.08 FEET; THENCE NORTH 33'00'57" WEST A DISTANCE OF 99.45 FEET; THENCE NORTH 67'19'01" WEST TO THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 92.20 FEET; THENCE NORTH 89'57'25" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 108.34 FEET; THENCE SOUTH 45'14'41" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 70.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 48,887.40 sf. OR 1.12 ac. MORE OR LESS. x\\);;t1IIII/ THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OFF4,q,, / SURVEYOR IN AND FOR WELD COUNTY, COLORADO.°6 I 23520 ° ° 0 11"111,111111\\\. WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS LEON W. SIEVERS PLS 23520 RIGHT OF WAY ACQUISITION CW) McCAULEY WELD COUNTY, COLORADO Tr o _ QTY WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 1-17-14 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A NE I/4 S24-T5N-R65W EXISTING R.O.W. (CDOT) BK-1305/RECP.#2257398 JUL. 25, 1991 0 csi /A� N89'57'25"E 2701.51' P.O.C. NE COR S24-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS#17508 1992 IN MON. BOX U.S. HWY 34 N 1/4 COR S24-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS#17508 1992 IN MON. BOX EXISTING R.O.W. (CDOT) BK-1308/RECP.#2260781 AUG. 26, 1991 RIGHT—OF—WAY ACQUIRED IN LOT B/RE-2623 48,887.40 sf. OR 1.12 cc. JUANITA L. McCAULEY RECP.# 2392574 LOT 8/RE-2623 RECP.# 2767680 LINE TABLE LINE BEARING DISTANCE L1 SO0'26'32"E 79.65' L2 S89'33'28"W 50.00' L3 S00"26'32"E 300.00' L4 N89'33'09"E 20.00' L5 S00'26'32"E 937.22' L6 S89'52'56"W 40.00' L7 NOO'26'32'W 1168.08' L8 N33'0O'57"W 99.45' L9 N67'19'01"W 92.20' L10 N89'57'25"E 108.34' L11 S45'14'41 "E 70.95' N%, -NE 1/4 S24-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. L6 EXISTING R.O.W. (CDOT) 8K-1395/RECP.#2344083 FEB. 8, 1993 EXISTING R.O.W. (COOT) BK-1308/RECP.#2260780 AUG. 26, 1991 CENTENNIAL AG SUPPLY CO. N% - NW 1/4 S19-T5N-R64W \\\,11IIH/l/1 v7o 23520 -1�1�d�'1°d a /"-"i 1 tAu� S KLEIN & BETSY KLEIN EXISTING R.O.W. RD.BK-2/PG-318 APR. 6, 1880 E 1/4 COR 324-T5N-R65W END 2 1/2" A.C. STAMPED PLS 9644 2001 IN MON. BOX RIGHT OF WAY ACQUISITION McCAULEY WELD COUNTY, COLORADO coUJ; I ' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: 1 "=240' DATE: 1-17-14 DRAWN BY: DRJ-I SHEET: 2 of2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-1 (Exhibit -A) STA. 13+40.45 Left to STA. 25+77.67 Left (WCR 49) STA. 617+92.59 Rt. to STA. 619+00.93 Rt. (OFF U.S. Hwy 34) FROM Juanita L. Mcauley do Ted Buderus — Mgr. 3126 Ashton Ave. Greeley, CO 80634 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 EXHIBIT -B NE 1/4 S24-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTH HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF RECORDED EXEMPTION NO. 2623 (RE -2623) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767680 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTH HALF OF THE NORTHEAST ONE -QUARTER AS BEARING SOUTH 00'26'32" EAST A DISTANCE OF 2634.11 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'57'25" WEST ALONG THE NORTH UNE OF SAID NORTH HALF OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 208.13 FEET; THENCE SOUTH 00'02'35" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY SOUTH 67'19'01" EAST A DISTANCE OF 92.20 FEET; THENCE SOUTH 33'00'57" EAST A DISTANCE OF 99.45 FEET; THENCE SOUTH 00'26'32" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHEAST ONE -QUARTER AND BEING THE SOUTHERLY LINE OF RE -2623 A DISTANCE OF 1168.08' FEET; THENCE SOUTH 89'52'56" WEST ALONG THE SOUTHERLY LINE OF SAID RE -2623 A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'26'32" WEST A DISTANCE OF 635.34 FEET; THENCE SOUTH THENCE NORTH THENCE NORTH THENCE NORTH THENCE NORTH 89'33'05" 00'26'32" 89'33'05" 00'26'32" 33'00'57" WEST A DISTANCE OF 62.48 FEET; WEST A DISTANCE OF 40.00 FEET; EAST A DISTANCE OF 62.48 FEET; WEST A DISTANCE OF 489.77 FEET; WEST A DISTANCE OF 93.44 FEET; THENCE NORTH 67'19'01" WEST TO THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 112.99 FEET; THENCE NORTH 89'57'25" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 25.88 FEET TO THE POINT OF BEGINNING.; SAID PARCEL CONTAINS 16,155.74 sf. OR 0.37 cc. MORE OR LESS. 1111 THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SW.) ®" R IN AND FOR WELD COUNTY, COLORADO.^I �� YE' LEON W. SIEVERS PLS 23520 J f 4:O zoo tr- 23520 " j-7-ly ir0 TEMPORARY EASEMENT ACQUISITION McCAULEY WELD COUNTY, COLORADO _UN TT GOC r WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 1-17-14 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -B NE 1/4 S24-T5N-R65W EXISTING R.O.W. (COOT) 7 BK-1305/RECP.#2257398 JUL. 25, 1991 P.O.C. NE COR S24-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS#17508 1992 IN MON. BOX 4U.S. HWY 34 P.Q.B. �N89'57'25"E 2701.51' L2 L1 L13 r N 1/4 COR S24-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS#17508 1992 IN MON. BOX N% -NE1/4 524-T SN-R65W L12 L3 L11 EXISTING R.O.W. (COOT) BK-1308/RECP.#2260781 AUG. 26, 1991 TEMPORARY EASEMENT ACQUIRED IN LOT B/RE-2623 16,155.74 sf. OR 0.37 ac. JUANITA L. McCAULEY RECP.# 2392574 LOT B/RE-2623 RECP.# 276768O LINE TABLE LINE BEARING DISTANCE L1 589'57'25"W 208.13' L2 SOO'O2'35"E 30.00' L3 S67°19'O1"E 92.20' L4 533'OO'57"E 99.45' L5 589'52'56"W 10.00' L6 NOO'26'32"W 635.34' L7 S89°33'O5"W 62.48' L8 NOO'26'32"W 40.00' L9 N89'33'O5"E 62.48' L1O NO0'26'32"W 489.77' L11 N33'OO'57"W 93.44' L12 N67°19'O1"W 112.99' L13 N89'57'25"E 25.88' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. L4 L1O L.,,14O1 i L I _ 4O EXISTING R.O.W. (COOT) BK-1395/RECP.#2344083 FEB. 8, 1993 O N EXIS11NG R.O.W. (COOT) BK-1308/RECP.#2260780 AUG. 26, 1991 ao m h11(1 °., L8 cn" ` a °°°WW// L7:...:a �� eiO�;Vv` mIol 1O' a 1 L9 'b I ,rn j\\1N111RU1 Dal \\\ _?_ L6 L5 7 CENTENNIAL AG SUPPLY CO. N'/a - NW U4 S19-T5N-R64W 23520 I — J/ 4' LANtDT SES KLEIN & ormilo BETSY KLEIN EXISTING R.O.W. RD.BK-2/PG-318 APR. 6, 1880 E 1/4 COR 924-T5N-R65W FND 2 1/2" A.C. STAMPED PLS 9644 2001 IN MON. BOX TEMPORARY EASEMENT ACQUISITION McCAULEY WELD COUNTY, COLORADO `7 GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE:1 "=200' DATE: 1-17-14 DRAWN BY: DRH SHEET: 2 oft • WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: TEA (Exhibit -B) STA. 13+40.73 Left to STA. 26+28.95 Left (WCR 49) FROM Juanita L. Mcauley c/o Ted Buderus — Mgr. 3126 Ashton Ave. Greeley, CO 80634 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 te,kcphe. Gut.C . Jac+at, l..AAnatidi,- � z a, CcJ ayopt,canzL- and P.cneuv,P„e..e, ee, (ittbAtu aZo ot3CanatntGukai 47 or Apci t6Ca,C .Au(a e�tA c w biLL evmnu pa ,t a .,zciadte.ca MEMORANDUM TO: Clerk to the Board DATE: April 16, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: Agreement under Doc #2014-1172 Deed of Dedication for Public Road Right -of -Way with Juanita L. McCauley for the WCR 49 Extension Project. One original agreement is attached. MdfrancieAGENDA memodAgenda-Lean-I. doc C� A ti-2I-ty CC, Ph( PC,ls 441-14 660070 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 2i day of 1 � , 2014, between Juanita L. McCauley, "Grantor" whose legal address is 3065 Aspen Driri e, Loveland, Colorado 80538 and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, "Grantee", whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of -Way, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit "A" EXCEPTING existing easements of record, and RESERVING unto Grantors 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 Public Highway. ame: -g /4 Date STATE OF COLORADO ) Lc. me - ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this c ' - day of 2014 , by , Owner. Witness my hand and official seal. My commission expires: ij II( Deed of Dedication 4011169 Pages: 1 of 5 04/23/2014 10:56 RM R Fee:$0.00 Steve Moreno.. Clerk and Recorder, Weld County, CO JJL i�Lr rX_ee W :7 J/4 ca.�.�� Notary Public 101 NUN :1 Ml,fh'IeI "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 the above dedication of property as a Public Highway (Public Right -of -Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). Sf Dated this cif — day of ATTEST: .ft4v -‘,i Weld County Clerk to the Board BY• d11A1 l C ICI, DeOuty Clerk to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ,201y. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ademacer, Chair APR 2 1 2014 The foregoing instrument was acknowledged before me this 2\ day of , Li 201 l , by �' �L ,„Aux-, Chair, Board of County Commissioners of the County df Weld. Witness my hand and official seal. My commission expires: SUSAN BROWN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010751 MY COMMISSION EXPIRES FEBRUARY 22,2017 Deed of Dedication Page 2 4011169 Pages: 2 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO ■IIIr}',MVEIN d�R1JGl�wY��}1�Ili BIM EXHIBIT -A NE 1/4 S24-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTH HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF RECORDED EXEMPTION NO. 2623 (RE -2623) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767680 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTH HALF OF THE NORTHEAST ONE -QUARTER AS BEARING SOUTH 00'26'32" EAST A DISTANCE OF 2634.11 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'26'32" EAST ALONG THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 79.65 FEET; THENCE SOUTH 89'33'28" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 50.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'26'32" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 300.00 FEET; THENCE NORTH 89'33'09" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'26'32" EAST ALONG SAID RIGHT-OF-WAY TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST ONE -QUARTER AND BEING THE SOUTHERLY LINE OF RE -2623 A DISTANCE OF 937.22 FEET; THENCE DEPARTING SAID WEST LINE SOUTHERLY 89'52'56" WEST ALONG THE SOUTHERLY LINE OF SAID RE -2623 A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'26'32" WEST A DISTANCE OF 1168.08 FEET; THENCE NORTH 33'00'57" WEST A DISTANCE OF 99.45 FEET; THENCE NORTH 67'19'01" WEST TO THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 34 A DISTANCE OF 92.20 FEET; THENCE NORTH 89'57'25" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 108.34 FEET; THENCE SOUTH 4514'41" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 70.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 48,887.40 sf. OR 1.12 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF4 IN AND FOR WELD COUNTY, COLORADO.• LEON W. SIEVERS PLS 23520 •PN • J q // /UNAL i_.0. SURVEYOR RIGHT OF WAY ACQUISITION RW-I McCAULEY WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 1-17-14 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A NE 1/4 S24-15N-R65W EXISTING R.O.W. (CDOT) BK-1305/RECP.#2257398 JUL. 25, 1991 P.O.C. NE COR 524-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS/17508 1992 IN MON. BOX I U.S. HWY 34 N89'57'25"E 2701.51' n r N 1/4 COR S24-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS/17508 1992 IN MON. BOX LW L9 P.O.B. L8 EXISTING R.O.W. (CDOT) BK-1308/RECP.#2260781 AUG. 26, 1991 RIGHT—OF—WAY ACQUIRED IN LOT B/RE-2623 48,887.40 sf. OR 1.12 ac. JUANITA L. McCAULEY RECP.# 2392574 LOT B/RE-2623 RECP.# 2767680 LINE TABLE LINE BEARING DISTANCE L1 S00'26'32"E 79.65' L2 589'33'28"W 50.00' L3 50026'32"E 300.00' L4 N89'33'09"E 20.00' L5 S00'26'32"E 937.22' L6 S89'52'56"W 40.00' L7 NO0'26'32"W 1168.08' L8 N33'00'57"W 99.45' L9 N67'19'01"W 92.20' L10 N89'57'25"E 108.34' L11 S45'14'41"E 70.95' - L4 S24-T5� V-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION McCAULEY WELD COUNTY, COLORADO L11 L6 EXISTING R.O.W. (CDOT) 8K-1395/RECP.g2344083 FEB. 8, 1993 EXISTING R.O.W. (CDOT) BK-1308/RECP.#2260780 AUG. 26, 1991 CENTENNIAL AG SUPPLY CO. V% - SW 1:4 519-15\-126441 L•"F ti FN� 23520 t-17_)4.lg f S KLEIN & BETSY KLEIN EXISTING R.O.W. RD.BK-2/PG- 318 APR. 6, 1880 E 1/4 COR 924-T5N-R65W FND 2 1/2" A.C. STAMPED PLS 9644 2001 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE:1"=200 DATE: 1-17-14 DRAWN BY: DRH SHEET: 2 of 2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-1 (Exhibit -A) STA. 13+40.45 Left to STA. 25+77.67 Left (WCR 49) STA. 617+92.59 Rt. to STA. 619+00.93 Rt. (OFF U.S. Hwy 34) FROM Juanita L. Mcauley c/o Ted Buderus — Mgr. 3126 Ashton Ave. Greeley, CO 80634 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4011169 Pages: 5 of 5 04/23/2014 10:56 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■�� M��1RK� If�;FY,�G4'}G ifiC�hYi�N iL' Ylti� ■� III Hello