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Home My WebLink About20141922.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE INTERSECTION OF COUNTY ROADS 49 AND 22 AND AUTHORIZE CHAIR TO SIGN -GREENLEAF ACRES, LLC 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 the Intersection of County Roads 49 and 22, 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 Greenleaf Acres, LLC, 23670 County Roard 22, Hudson, Colorado 80642, 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 Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to the Intersection of County Roads 49 and 22, 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 Greenleaf Acres, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. et Pw ( e, Ls) 2-7- ti 2014-1922 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT- GREENLEAF ACRES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:dem . . L $ a Poe c�u�Lrn..S�V_' ��+W/ ,, Do la Rademacher, c hair Weld County Clerk to the Board 'rbara Kirkmeyer, ro-Tem BY: 11 '� _��. �� ii..''. �� 1 /. D-p fy Clerk to the Board 1861 I 1i . Conway AP VEDAS-• ��RM: t °L;;c ' r Freeman UN ou y Attorney ~"'��' XCUSED William F. Garcia Date of signature: 7—/7 2014-1922 EG0070 T_- 61 MEMORANDUM _fi ip TO: Clerk to the Board DATE: June 20, 2014 GOliNT-Y FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: ROW/TE, WCR 49/22 Intersection Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for the WCR 49/22 Intersection Improvements with Greenleaf Acres, LLC. Enclosures M:'FrancieAGENDA memos'Agenda-Leon-4 doc 2014-1922 REV 5214 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE INTERSECTION OF WELD COUNTY ROAD 49 & 22, BETWEEN GREENLEAF ACRES, LLC, A COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this b ribj—gay of June, 2014, by and between GREENLEAF ACRES, LLC, a Colorado Limited Liability Company whose address is 23670 Weld County Road 22, Hudson, Colorado 80642, 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 and Weld County Road 22, 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 allow for construction of the intersection improvements, 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: I. 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 Fourteen Thousand Two Hundred Eighty and no/100 Dollars, ($14,280.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and described on Exhibit "B"(a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred Fifty Six and 4035681 Pages: 1 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell 111U�hM.��A1g�f� l 1PiZ'W'tY�'MAK 11 III a©i y- /9072 no/100 Dollars, ($456.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that he / she/ it is the owner of the Public Road Right-of-Way and the Temporary Construction Easement and will defend title thereto against all claims subject only to existing matters of records record in the real property records of Weld County as of the date hereof 4. This Temporary Construction Easement shall commence on June 1, 2014, and shall expire and be of no further force or effect on June 1, 2015, upon the completion of the Road Improvement Project, whichever is earlier. 5 Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication, free and clear of all liens and subject only to existing matters of record in the real property records of Weld County as of the date hereof; 6. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens and subject only to existing matters of record in the real property records of Weld County as of the date hereof 7. 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 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 closing which shall be no later than thirty (30) days following the Owner obtaining a Partial Release(s)of the Right-of Way-from current deed(s) of trust encumbering the Public Road Right-of-Way and Temporary Construction Easement.. 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 closing when Owner delivers the Deed of Dedication to County. Owner is solely responsible for the Page 2 4035681 Pages: 2 of 9 08/0Steve ren Cer an R o .e0 Steve Moreno, Clerk and Recorder, Weld County, CO VIII l hF'ahlilL AI III 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 this Agreement and/or 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 closing. 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. The County shall reimburse the Owner the sum of $25,957.24 for removal and replacement of temporary and permanent right of way fencing along Owner's property adjacent to the project area and along the east and north property lines of the property owner. Once the new fencing has been installed by the Owner, it shall be the Owner's responsibility to maintain same. 6. The County shall reimburse the Owner the sum of$2,000.00 for potential costs for an appraisal that the Owner is entitled to obtain pursuant to state law relative to this acquisition. In return for the payment of this sum, the Owner waives all rights to obtaining a future appraisal pursuant to CRS 38-1-121 as it relates to this particular right of way acquisition. 7. The County shall reimburse owner the sum of$8,000.00 for the costs for Owner to reestablish and reconstruct an existing gravel driveway and approach connecting Owners' home site to reconstructed Weld County Road 22. Said driveway reconstruction by Owner shall include all construction activities and materials to be provided by Owner. Driveway construction entrance onto Weld County Road 22 shall include installation by Owner of a culvert and shall conform to existing Weld County residential driveway entrance standards. Owner shall obtain from Weld County a permit for said driveway entrance prior to construction of same. Page 3 0835681 8ages: 3 of 9 G//04/2014 020 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111Milfi i IIIENAt14rL+YMfi 11111 MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Temporary Easement shall be the date of the closing, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, 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 for the purposes of constructing the Road Improvement Project 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. 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. 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. Page 4 4035681 Pages: 4 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �� 1��It�rI ICI�ti1�h1MrhLl4��101?h�LM'Fius ��III • 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. GREENLEAF ACRES LLC, a Colorado Limited Liability Company By: / Title: Barry L. Fehr, Manager BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO n ATTEST: eteN ��t ^a5� .dYl�tJJdo'� ":„.•-1,t• �.vas/Raac�emacher, Chair JUN 2 5 2014 �� Weld County �Clerk �to the J Board ,tp i .• BY. 1w1 1422 SF �I Deputy Clerk to the Board 1 �� 49 VA s ' Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 5 A:\WPDOCS\CLIENTS\Fehr,Barry\GreenLeafAcres,LLC\County Right-of-Way\Revised PARTIAL RELEASE OF OPTION AGREEMENT(3)2.doc 4035681 Pages: 5 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Igli rellgt MCI II+Aid BIM I aoi y- /y,7a EXHIBIT-A NE 1/4 SI3-T2N-R65W PARCEL DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 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. 3805831 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 00'33'56" WEST A DISTANCE OF 2625.81 FEET TO THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'49'20" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 89'49'20" WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 00'33'56" WEST AND BEING PARALLEL TO SAID EAST LINE OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 2376.05 FEET; THENCE NORTH 26'56'18" WEST A DISTANCE OF 157.56 FEET; THENCE NORTH 89'36'52" WEST AND BEING PARALLEL TO THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2456.97 FEET; THENCE NORTH 00'23'08" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 22 A DISTANCE OF 80.00 FEET; THENCE SOUTH 89'36'52" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 2565.64 FEET; THENCE SOUTH 00'33'56" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 2595.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 310,843.28 sf. OR 7.14 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 4035681 Pages: 6 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��Ml�1NRMI+��MY I '1�I��r4 K� Pk�hJ�4Y�+tIYI 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 186� OF PUBLIC WORKS 1 l r n WCR 49&22 INTERSECTION PROJECT GREENLEAF ACRES LLC i g r p WCR 49 .� �— N T Y - PROJECT N0: SRP-24 SCALE: G�WELD COUNTY,COLORADO DATE: 2-26-14 DRAWN BY: JHB SHEET: loft EXHIBIT-A NE 1/4 S13-T2N-R65W HP FARMS HOLDINGS LLC EXISTING 80' ROW 1_,„i 1 I EXISTING 60' R.O.W. NE CORNER 1 ! I NORTH 1/4 COR Si:!-d BK-83/PG-292 S13—T2N—R65W ! i l S13—T2N—R65W 372-72A4R6Sn RDBK-10/PG-40 FND 3Y." A.C. I I 1 N893652'W 259515' JUNE 3, 1903 STAMPED } LS/J23520 2002 j 1 v;. . - >S89",x'52-E 2563.6+4= f 1I .. N00"23'08"E N89'36'52"W 2456.97' I I 80.00' `,]\ 11 ; J • N26'56'18'W ! I 157.56' 11 i i i GREENLEAF ACRES LLC " ' li ! I . i PARCEL#1,30713 100020 40' - _ RECP.#3805831 i RIGHT—OF—WAY ACQUIRED �i I :i 310,843.28 sf. OR 7.14 ac,± .. 1 I FRONT (RANGE S00'33'56"E I RESC. 2595.92'-I I 1 O �l i ,ili. mm 0 • I re) r z N I • I NQ I I C�I w� I Shi 3m ID •ICI 108 I S I :- ! I ..no DETAIL O 1 : I om —NTS— i O 1 it z #,U.B i i 1 NE 1/4 • S13-T2N-R6.SW lil o w ii ce 30.00 i : I o m N89'49'201W -1 ii m K W— I P.O.C. I ;i 41 O ' I EAST 1/4 COR 1 1 i I-oI S13-T2N-R65W 1jI EXx�I FND 3Yi' A.C. ,I : wSTAMPED1NOTE: THIS EXHIBIT MAP DOES NPLS#10855 1995 = 1I ,1 i REPRESENT A MONUMENTED LAND I SURVEY OR LAND SURVEY PLAT. I IT IS INTENDED TO ILLUSTRATE THE P.O.B. i I ATTACHED PROPERTY DESCRIPTION `! II ONLY. N89'49'20"W 40.00' ': j i SEE 'DETAIL R R SF I 3 N89'49'20"W 30.00' - SWARTZ 513-T2'-R6w KINNISON EXISTING 80' ROW. _ I1 i i i RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 186' OF PUBLIC WORKS 1/ "rm! ‘1 \ WCR49&22 ' INTERSECTION PROJECT GREENLEAF ACRES LLC n I,'/i _ WCR49 I `'1 ��_-U N T Y PROJECT NO: SRP-24 SCALE: 1"=400 4035681 Pages: 7 of 9 I DATE: 2-26-14 DRAWN BY: JI-IB SHEET: 2of2 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, CO IIIII PCINF4M,WM:ICI MMLIOIbtiMlVE11I III EXHIBIT-B NE 1/4 SI3-T2N-R65W PARCEL DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 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. 3805831 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 00'33'56" WEST A DISTANCE OF 2625.81 FEET TO THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'49'20" WEST A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING THENCE CONTINUING NORTH 89'49'20" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'33'56" WEST AND BEING PARALLEL TO SAID EAST LINE OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 2371.11 FEET; THENCE NORTH 26'56'18" WEST A DISTANCE OF 140.70 FEET; THENCE NORTH 89'36'52" WEST AND BEING PARALLEL TO THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2444.79 FEET; THENCE NORTH 00'23'08" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89'36'52" EAST A DISTANCE OF 2456.97 FEET; THENCE SOUTH 26'56'18" EAST A DISTANCE OF 157.56 FEET; THENCE SOUTH 00'33'56" EAST AND PARALLEL TO SAID EAST LINE OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 2376.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 99,471.75 sf. OR 2.28 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 4035681 Pages: 8 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii PAT dM1CIAKdEMMlYM�i4'i�Jr�,Yoh ii vi X861 WELD COUNTY DEPARTMENT TEMPORARY OF PUBLIC WORKS EASEMENT I IA rd. _ IA WCR49&22 GREENLEAF ACRES LLC rINTERSECTION PROJECT + - PROJECT NO: SRP-24 SCALE: WCR49 -� COUNTY WELD COUNTY,COLORADO DATE: 2-26-14 DRAWN BY: JHB SHEET: 1of2 EXHIBIT-B NE 1/4 S13-T2N-R65W HP FARMS HOLDINGS I.i.C EXISTING 80' ROWS: TI I EXISTING 60' R.O.W. NE CORNER i I I NORTH 1/4 COR Sii--I BK-83/PG-292 S13-T2N-R65W ! j ! S13-T2N-R65W 512-12:\'-R6.5iV RDBK-10/PG-40 FND 3Yi' A.C. i i JUNE 3, 19031 STAMPED N89.36'52"W 2595.15' i 1 LS#23520 2002 a 4'-ROW; 2456.9 ` J N89'36'52"W 2444.79' j I 20'-' I : I 1 II LINE TABLE I - ! Ll N26'56118N/ 140.70' I ! TEMPORARY EASEMENT ACQUIRED :' I I L2 N00'23'OS"E 20.00' ±2.28 ac OR sf.. . L3 S26'56'1 8"E 157.56' 99,471.75 .1 I i 11i 1 ' I S00'33'56°E I I I GREENLEAF ACRES LLC 2376.05' ! j !FRONT PARCEL#130713100020 ,RANGE RECP.#3805831 ' 1 RESC. 1 ! i 20' .i 1 1 : . � `` i mw i NE I/4 1 ^ I � i vi1 i5 SI3-T2N-R6SW ` 'a 3m R ! D ��I No I ny 1 j ,.TT co O 'i I ! z N89'49'20"W 20.00' ►1 j Z ` .' ! 3 i I Ow 70.00' I i oN N89j49'20"W I ill oD ! ! ! P.O.C. z C=7 P.O.B. I j I EAST 1/4 COR 1 l o 513-T2N-R65W ,I j i R 2 DETAIL ! I FND 34" A.C. wr STAMPED NOTE: THIS EXHIBIT MAP DOES NOT -NTS- li I PLS#10855 1995 ,i j REPRESENT A MONUMENTED LAND - i : i, SURVEY OR LAND SURVEY PLAT. I P.O.B. Ili IT IS INTENDED TO ILLUSTRATE THE „j ;• ATTACHED PROPERTY DESCRIPTION ONLY. N89'49'20"W 20.00' : i , SEE DETAIL R I R 551 4 N89'49'20"W 70.001-7 i SWARTZ S13-T2.1'-R65W KINNISON EXISTING 80' ROW��j 4 1 III TEMPORARY Vf WELD COUNTY DEPARTMENT EASEMENT -g61 OF PUBLIC WORKS ,�'4 rV• ,_._ ll A WCR 49&22 k- INTERSECTION PROJECT GREENLEAF ACRES LLC tip Il r 7�! PROJECT N0: SRP-24 SCALE: 1"=400 7 WCR49 I - 0UINTY - 4035681 Pages: 9 of 9 I DATE: 2-26-14 DRAWN BY: JHB SHEET: 2of2 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III POWINOVEKIIVALION ILDN Llt;d id BIM �$6= MEMORANDUM t i In ,_ : I ` i, �1 ; . TO: Clerk to the Board DATE: August 15, 2014 GOUNTY FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Doc. No. 2014- 1922 Deed of Dedication for Public Highway with Greenleaf Acres, LLC, a Colorado limited liability company, for the WCR 49 & 22 Intersection Project. Enclosures RECEIVED AUG 152014 COMMISS�ONER3 m Wrancie\AGENDA memos\Agenda-Leon-I doc C Nivnab CC /211/ a51FC) a0/41- 19aa 4aol i4 ao14- 666070 • DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY 41 THIS DEED, made this X day of Au.OI([, , 2014, between GREENLEAF ACRES, LLC,a Colorado limited liability compa y,"Grantor"whose legal address is 23670 Weld County Road 22,Hudson,Colorado 80642,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 Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,do(es),pursuant to Colorado Revised Statute§43-2-201(1)(a),hereby dedicates and conveys forever unto Grantee for use as a Public Road Right-of-Way,free and clear of all liens and subject only to existing matters of records record in the real property records of Weld County as of the date hereof and warrants title subject to those exceptions to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown on 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. GREENLEAF ACRES, LLC,a Colorado Limited Liability Company By: �C0177/ 9+— `. Title: arier STATE OF COLORADO ) � Q ) ss. COUNTY OF 1441.1' ) The foregoing instrument was acknowledged before me this ZS day of ,2014,by Barry L. Fehr as Manager of Greenleaf Acres, LLC, a Colorado limited liabilic pany, Owner. Witness my hand and official seal. 774. fY `v' 141, G/ /64 26/� Notary Public My commission expires: NOT litale UMW i 4041205 Pages: 1 of 4 08/26/2014 03:37 PM R Fee:$0.00 Steve Moreno Clerk and Recorder. Weld County, CO 1111 lealf3; hill 'dVri iWAII3 Mil'Wei BIN 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). //// Apt , 20N . Dated this /1� day of Apt BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � ,/ II (np� c�QO(U' `". S< tise 0;� �`s L' � `;Rademacher, Chair AUG 2 0 2014 Weld County Clerk to the Boardism t 1 w• �� ti. Deputy Clerk to the Board ♦,ur.r�i�I STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thise0mday of auditor 20/) , by Douglas Rademacher, Chair, Board of County Commissioners of the Canty of Weld. Witness my hand and official seal. nella I No)Wry Public My commission expir : 22 .20/ RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22.2018 4041205 Pages: 2 of 4 08/26/2014 03:37 PM R Fee:$0.00 Steve Moreno Clerk and Recorder Weld County CO IIIIMIFillidakilEMI100,1016111A Mill Deed of Dedication Page 2 P:\WELDCNTY\C40#17\Greenleaf Acres LLC\Deed of Dedication Rev 7-25-I4.doc Ac/f1Ma, EXHIBIT-A NE 1/4 SI3-12N-R65W PARCEL DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 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. 3805831 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: QOMMFNCING AT THE EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 00'33'56- WEST A DISTANCE OF 2625.81 FEET TO THE NORTHEAST CORNER OF SECTION 13. TOWNSHIP 2 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'49'20" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 89'49'20' WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 00'33'56" WEST AND BEING PARALLEL TO SAID EAST UNE OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 2376.05 FEET; THENCE NORTH 26'56'18" WEST A DISTANCE OF 157.56 FEET; THENCE NORTH 89'36'52" WEST AND BEING PARALLEL TO THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2456.97 FEET; THENCE NORTH 00'23'08" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 22 A DISTANCE OF 80.00 FEET; THENCE SOUTH 89'36'52" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 2565.64 FEET; THENCE SOUTH 00'33'56" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 2595.92 FEET TO THE POINT OF RFGINNING SAID PARCEL CONTAINS 310,843.28 sf. OR 7.14 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT y WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\�\\\\IIiI IIII / / / gE •.,..' Si C 9F F9 O LEON W. SIEVERS ;---/ N: _ PLS 23520 = 23520 = . 2-zit ILl , RIGHT OF WAY ) .4 , WELD COUNTY DEPARTMENT ACQUISITION -�86 OF PUBLIC WORKS I 1 1 E _ WCR 49&22 GREENLEAF ACRES LLC - ; �• r' ' INTERSECTION PROJECT I N T Y PROJECT NO: SRP-24 SCALE: WCR 49 WELD COUNTY,COLORADO _G O U DATE: 2.26-14 DRAWN BY: JHB SHEET: loC2 4041205 Pages: 3 of 4 08/26/2014 03:37 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 111111l01Niitl,ir*Kilir4aVIALK 11111 I EXHIBIT-A NE 1/4 S13-T2N-R65W I ! ' I IP FARMS HOLDINGS LLC EXISTING 80' ROW�I-t+, EXISTING 60' R.O.W. NE CORNER I I NORTH 1/4 COR sr hJ BK-83/PG-292 S13-72N—R65W ! j1 S13-72N—R65W 512-12\-R65Nt RDBK-10/PG-40 FND 3Y" A.C. ! 1 i JUNE 3, 1903 STAMPED N89'36'52"W 2595.15' LS 23520 2002 j 38838' 3 € $565:8 i I i NO0'23'08"E N89'36'52"W 2456.97' ill 80.00' ' 1 ! I N26'56'18"W 11 157.56' 1 I GREENLEAF ACRES LLC i , I ! i PARCEL#130713100020 40' RECP.# 3805831 1 RIGHT—OF—WAY ACQUIRED—c4 I i 310,843.28 sf. OR 7.14 ac.± ! 1 FRONT 1 iRANGE SOO'33'56"E I i RESC.i : ! 95.92' Ili \\\11111 'III P00 Eck, ., � III m _,\\\ . n 1p1,1� L•9�oi w l • = I. �9: .3 Id`i lii;: 23520 n 1 DETAIL � ��/ •�........�' \\�� z• l l i m —NTS— P.o.e. 1 1 1 /ii/1q1. LPLt13\\\\\\ I ' : NE -Ra SI3-T2N-R651L 1 1 ! Ow I •II a ! 30.00 I ; i -0 u) 1 N89'49'20jW I I l ! ion N89'49'20"W i 1 P.O.C. W. I i r 40.00' EAST 1/4 COR III g 1 I S13-72N-R65W 1 ` 1 x I I FND 3y4" A.C. I STAMPED NOTE: THIS EXHIBR MAP DOES NOT i PLS#10855 1995 j 1 REPRESENT A MONUMENTED LAND I I ; i SURVEY OR LAND SURVEY PLAT. P.O.B. I II R IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION III ONLY. N89'49'20"W 40.00 '' ,SEE DETAIL C 5'1i 1.4 N89'49'20"W 30.00' 1 • 1 S WAR IL 513-TI'-R65W KINNISON EXISTING 80' ROW,__,...; 4 i ill RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION _ !1 WCR 49&22 GREENLEAF ACRES LLC - L Fl . r! ' INTERSECTION PROJECT " TY PROJECT NO: SRP-24 SCALE: 1"=400 WCR49 _c-o. t WELD COUNTY,COLORADO I DATE: 2-26-14 DRAWN BY: MB ISHEET: 2 oft 4041205 Pages: 4 of 4 08/26/2014 03:37 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIII kraIlliklilifEAW.WillWilnlirliliab BIM Hello