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HomeMy WebLinkAbout20143138.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR KEOTA PROJECT AND AUTHORIZE CHAIR TO SIGN - CHARLES J. ODENDHAL III 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 a Deed of Dedication for Public Road Right-of-Way for the Keota Project, 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 Charles J. Odendhal III, 24165 County Road 90, Ault, Colorado 80610, with terms and conditions being as stated in said deed of dedication, and WHEREAS, after review, the Board deems it advisable to approve and accept said deed of dedication, 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 Deed of Dedication for Public Road Right-of-Way for the Keota Project, 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 Charles J. Odendhal III, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed of dedication. 2014-3138 EG0070 CC: J *73 ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY- CHARLES J. ODENDHAL III PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W. -ti EXCUSED Diglas Rademac er, Chair Weld County Clerk to the Board IEL/,J t`ara Kirkm er, Pro-T � e ty Clerk to e Boar I' .;" ''•�'� �l P. Conway V O FORM: `� ; �► jke Free a y"County Attorney G m F. Garcia Date of signature: 10' 9 2014-3138 EG0070 ;‘,11 1§25#e MEMORANDUM pir� TO: Clerk to the Board DATE: October 10, 2014 _Cou NJ:Y FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: Keota Project Deed of Dedication for Public Road Right-of-Way with Charles J. Odendhal III. Enclosures RECEIVED OCT 13 2011 WELD COUNTY COMMISSIONERS M\FrancieAGENDA memos'Agenda-Leon-3.doc 2014-3138 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 9 day ofd , 201 between Charles J. Odendhal III, "Grantor" whose legal address is 24165 Weld County Road 90, Ault, Colorado 80610, 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 inconsideration of the sum of One Dollar and no/100 ($1.00)and other good and valuable consideration,the receipt and sufficiency of which are 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. zr CHA ES J. ODENDHAL III, Owner TO THE VALERIE BRISEN0 YEE NOTARY PUBLIC STATE OF COLORADO ) STATE OF COLORADO Lack of � BBV ) ss. NOTARY O 20064019M0 CO,00034 COUNTY OF WELD ) MY C0MMISSI0N EXPIRES 0CT.28.2017 The foregoing instrument was acknowledged before me this3 day of©dt LEA— , 2019 by Charles J. Odendhal III, Owner. Witness my hand and official seal. GA \� otary Public My commission expires: 0 3 I aO\ l Deed of Dedication Page 1 4054788 Pages: 1 of 4 10/17/2014 01:40 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �ol�-��^20 ����MIA :!4'�tiD�K JM5GJI41JLi II 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). Dated this 15 In day of QUl/beI- , 201 . BOARD OF COUNTY COMMISSIONERS G. g WELD eCOUNTY, C LORADO ATTEST: (� . ��� A ditty � Barbara Kirkmeyer, Pro-Tem CT 15 2014 Weld County Clerk to the BoardIS La` BY- � LEI 1�/ t ' - ' Deputy Clerk to the Board • ,• I \ STATE OF COLORADO ) �► �I�� ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this f 5Llay of , 2014 , by 4r6IIgtasaa lemac�r, Chair, Board of County Commissioners of the County of Weld. -6Wtbana_ 'K rtj,Tlto-=Than fitness Ruche-wig se STATE OF COLORADO O 1Q4 /n I • - NOTARY ID 20144002878 (��,Q,�,t,p.� MY COMMISSION EXPIRES JANUARY 22,2018 9--Fda3 Public My commission expires: ,ditxui.aut aa/ aas Deed of Dedication Page 2 4054788 Pages: 2 of 4 10/17/2014 01:40 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County Co '�'�/�� VIII!V !l Vh'�tIJI4P',IAell+,,wlIIPMlLNiNt F�,FyWr II III EXHIBIT-A SE I/4 S34-T9N-R60W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 9 NORTH, RANGE 60 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3249170 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 14 BLOCK 40 OF THE TOWNSITE OF KEOTA LE ROYS ADDITION AND IS BASED ON A GRID BEARING BETWEEN THE MONUMENTS SHOWN OF THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 9 NORTH, RANGE 60 WEST AS BEARING SOUTH 01'28'25" EAST A DISTANCE OF 2671.53 FEET AND FROM WHICH A STONE THAT WAS USED TO LAYOUT THE ORIGINAL TOWNSITE OF KEOTA IS 220 FEET EAST OF THE EAST RIGHT OF WAY OF ONTARIO STREET AND IN LINE WITH THE CENTERLINE OF JUNIATA AVENUE AS SHOWN ON A PLAT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 30432 AND BEARS NORTH 74'46'02" EAST A DISTANCE OF 1298.19 FEET; THENCE NORTH 89'35'31" WEST A DISTANCE OF 130.00 FEET; THENCE NORTH 00'13'38" EAST TO A POINT ON THE SOUTHEAST CORNER OF SAID DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3249170 AND ALSO BEING 50 FEET PERPENDICULAR TO AND NORTHEASTERLY FROM THE CENTERLINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY NOW ABANDONED A DISTANCE OF 51.47 FEET; THENCE CONTINUING ALONG SAID DEED LINE NORTH 00'23'10" EAST TO A POINT 150 FEET PERPENDICULAR TO AND NORTHEASTERLY FROM SAID RAILROAD CENTERLINE A DISTANCE OF 149.27 FEET; THENCE NORTH 41'40'31" WEST AND PARALLEL WITH SAID RAILROAD CENTERLINE A DISTANCE OF 672.70 FEET, TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID DEED LINE AND PARALLEL WITH SAID RAILROAD CENTERLINE NORTH 41'40'31" WEST A DISTANCE OF 107.79 FEET; THENCE DEPARTING SAID LINE NORTH 89'35'31" WEST TO A POINT 150 FEET PERPENDICULAR TO AND SOUTHWESTERLY FROM SAID RAILROAD CENTERLINE A DISTANCE OF 404.22 FEET; THENCE SOUTH 41'40'31" EAST AND PARALLEL WITH SAID RAILROAD CENTERLINE A DISTANCE OF 107.79 FEET; THENCE SOUTH 89'35'31" EAST A DISTANCE OF 404.22 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 32,337.57 sf. OR 0.74 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4054788 Pages: 3 of 4 LEON W. SIEVERS 10/17/2014 01:40 PM R Fee:$0.00 PLS 23520 Steve Moreno, Clerk and Recorder, Weld County, CO PAI LN&IERMIAVIAMNAIV OM WELD COUNTY DEPARTMENT RIGHT ACQUffi A s.1861. OF PUBLIC WORKS 'tj �_ KEOTA PROJECT ODENDHAL f-t- r pE / SCALE: WELD COUNTY,COLORADO C O U N T Y DATE: 2-07-14 DRAWN BY: DRH SHEET: 1 oft , EXHIBIT-A SE 1/4 S34-T9N-R6OW N88'5 '45 "E _-- —111—-------� ----------------- 2657.12, -- FOUND EAST aWAm COMER �(� ?\\� �j nnl}tmr,, pA� MA.BRASS CAP N FORD ASS QUARTER COWER ll OWNS :L L./ OF +u STA N L F MOO PPE TOM BRAS CM N STNPBB 11, STAG N A C no 1/E 5N-1WHIIOR STNIFID i5 MSS 83-14534-1.4.50111111R lk L6 \ p,O�A���� c' ---\\C(s.‘ $�I4 oRbVl LINE TABLE 53a�9� LNE N74'46'02"E 011298STA.19' Itk 150 L2 N89'35'31"W 130.00' L3 N0013'38"E 51.47' 50 N L4 NO023'10"E 149.27' , \O CHARLES J. RO.''5 POp1S I L6 541'40'31"E 107.79' `c ODENDHAL REC#3249170 _ _ I - AREA 4.51 ACRES OR 196592.48 SQ. FT. -_.- qP I ,i_F,O N89'3 ' 1"W 404.22 v- ini(3 L6 L5 P.O.B. RC:1 r r'T:1 E :2 7.E . . „ • z N l w S89'35'31"E 404.22 wIm ft 11114- \\Ifr,.\ ;CI . 7A 10 - o I cc I CHARLES J. �� in RIGHT—OF—WAY ACQUIRED ODENDHAL �4 32,337.57 sf. OR 0.74 ac.± REC#3249170 d'j 'ft ..., AREA>lb ACRES OR 265650.96 SQ. FT. I _. tutrAALTA, AYE I I �\RS( P 150.‘-‘-1 \ -- - \ 40 0 i , L4 NOTE: THIS EXHIBIT MAP DOES NO +4 REPRESENT A MONUMENTED LAND F41Rd SURVEY OR LAND SURVEY PLAT. L1 MIND SOUTH QUARTER0A CO IT IS INTENDED TO ILLUSTRATE THE_ CON.MA.BRASS CAP CON. ATTACHED PROPERTY DESCRIPTION ` 2 MPED LS HON BxF 1.14-ROOM'° ONLY. P.O.C. WELD COUNTY DEPARTMENT RIGHT OF WAY ACQUISITION X86' OF PUBLIC WORKS 1 fl T, F 'k,, KEOTA r PROJECT ODENDHAL L �' SCALE: 1'=200' WELD COUNTY,COLORADO L IL c O U N T Y - " DATE: 2-07-14 DRAWN BY: DRH SHEET: 2of2 40 1 780 P0gPM • 4 eofe 4 Steve Moren an R order, .e0 Steve Moreno, Clerk and Recorder, Weld County, CO lIII IMItli , lrinli9114I11105 FM InlIrY4tillli "Ill Hello