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Home My WebLink About20141142.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY INVESTMENT GROUP, INC. 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 Permanent 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 Weld County Investment Group, Inc., 27294 County Road 47.5, Greeley, Colorado 80631, 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 Permanent 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 Weld County Investment Group, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC Pk)0-5-31n, '-1 as -aoN 2014-1142 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT-WELD COUNTY INVESTMENT GROUP, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C� ��,// oi ,. 1-1(fQuP &u.k t — �G cA bouglaS/Rademacher, Chair Weld County Clerk to the Board ZI EXCUSED • p� arbara Kirkmeyer, Pro-Tem BY: Dep lty Clerk to the B. ( °i ; !XCUSED 1 % " ;K !•can P. Conway APPROVED AS TO FORM: ,/ Mike Fre 44. County Attorney illia F. Garcia Date of signature: 4.1g121 2014-1142 EG0070 186= MEMORANDUM TO: Clerk to the Board DATE: April 7, 2014 G0_UNT)' FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Purchase of Public Road Right-of-way and Permanent Easement with Weld County Investment Group, Inc. One original agreement is attached. Enclosures M.\FmncieWGENDA memosUgendo-Leon doc 2014-1142 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49,BETWEEN WELD COUNTY INVESTMENT GROUP, INC.AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 9 day of /7/04 , 2014, by and between Weld County Investment Group,Inc.,whose address is 27294 WCk 47%,Greeley,Co.80631,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 "Permanent 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 further requires said Permanent Easement in order to construct and maintain two roadway culverts, which are required in conjunction with the 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 One Thousand Three Hundred Fifty and no/100 Dollars, ($1,350.00). 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 Permanent 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 Five Hundred and no/100 Dollars,($500.00). Agmt for Purchase of ROW and Perm Easement-Immed Possession Before Closing Page 1 4012432 Pages: 1 of 8 04/29/2014 10:52 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO Ellr�� ,tK� ,� iOa'NM Nikri I iii Bois'it%a The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner represents to County that Owner has valid and sufficient title to grant the Deed of Dedication and Permanent Easement. 4. Owner's grant of Permanent Easement and Deed of Dedication is expressly made subject to any prior oil,gas and mineral leases,liens,encumbrances,rights-of-way, easements and existing utility easements applicable thereto existing or properly recorded with the office of the Weld County Clerk and Recorder. 5. Owner shall not 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 Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 6. Owner hereby reserves the mineral estate under the Public Road Public Road Right- of-Way and Permanent Easement, and any water rights currently attached to or associated with the Public Right-of-Way and Permanent Easement. 7. Owner shall deliver the fully executed Deeds of Dedication for the Public Road Right-of-Way and the Permanent Easement to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 8. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Permanent 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 Deeds of Dedication 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/or Permanent 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 Permanent Easement. 2. County shall pay all fees associated with recording this Agreement or the Deeds of Dedication. 3. The parties agree that County shall pay Owner for the Public Road Right-of-Way and Permanent Easement by County warrants at the date of closing. Agent for Purchase of ROW and Perm Easement-Immed Possession Before Closing Page 2 4012432 Pages: 2 of 8 04/29/2014 10:52 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder.. Weld County, CO VIII Nr.tCRLR il'101,411101/40,001 11111 4. County shall remove the existing road Right of Way fence and shall install a new road right of way fence along the new right of way line. Although the new fence is installed by the County, Owner shall be responsible for maintaining said fence. Owner shall notify the County if Owner does not wish to have a new fence along the road right of way line. In such case, County will remove the existing right of way fence and will not install a new fence. For purposes of this Agreement, the word "fence" shall be a"legal fence" as defined by Colorado Statutes". MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Permanent 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 Pcuuanent Easement for the purposes of constructing the Road Improvement Project and the construction and maintenance of two roadway culverts, and for its daily operation, access and maintenance. Theses 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 Permanent Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right-of-Way and Permanent 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, expressed 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 Agmt for Purchase of ROW and Perm Easement-Immed Possession Before Closing Page 3 4012432 Pages: 3 of 8 04/29/2014 10:52 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, Co lIIIM��IRR�ii :i x.i l.�dji'rl�7�GM�''N�+'IH��YII� 11111 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Weld Coun nvestment p, Inc. By: �7 Title: PY 51 oven* BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: rltuv,n !mr- WjO , ;f,e Douglas Rademacher, Chair � e) APR 0 9 2014 Weld County Clerk to the Board �e((a � BY• hind et., �1 Deputy Clerk to the Board 1%61 `l*t?W Agmt for Purchase of ROW and Perm Easement-Immed Possession Before Closing Page 4 4012432 Pages: 4 of 8 04/29/2014 10:52 All R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■IIIMIrjrrtKr1'I#.I M1 aory-iira EXHIBIT-A NW 1/4 S13-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 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. 2070615 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 0013'11" EAST A DISTANCE OF 2689.97 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'13'11" EAST ALONG THE EAST LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 167.86 FEET; THENCE SOUTH 89'46'49" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47.5 A DISTANCE OF 30.00 FEET BEING A POINT OF CURVE TO THE RIGHT AND THE POINT OF BEGINNING. THENCE 242.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'53'36" AND WHOSE CHORD BEARS NORTH 4623'23" WEST A DISTANCE OF 242.54 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE NORTH 89'48'28" EAST ALONG SAID NORTH LINE A DISTANCE OF 57.98 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 121.00 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 375.24 FEET, CENTRAL ANGLE IS 18'28'34" AND WHOSE CHORD BEARS SOUTH 76'22'59" EAST A DISTANCE OF 120.48 FEET AND BEING A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 00'13'11" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 139.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,946.20 sf. OR 0.30 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. \\‘ p REG! t I l 10 9s. LEON W. SIEVERS = �W . PLS 23520 E H 23520 E L Itc: O `-WON&lPr\S` ��1/giIIIIIAAAA' WELD COUNTY DEPARTMENT RIGHT OF WAYg6i OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION WELD COUNTY ✓ • PROJECT INVESTMENT GROUP ' PROJECT NO: SRP-23 SCALE: 1"=200 II GO UN TY WELD COUNTY,COLORADO I DATE: 2-15-13 DRAWN BY: RIB SHEET: 1 oft 4012432 Pages: 5 of 8 04/29/2014 10:52 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County CO ■IIIM��N�*&'I'P ,1�4;�+ lhi�'GYti�1t4LK '12�+ii ��III - EXHIBIT-A NW 1/4 513-15N-R65W P.O.C. N 1/4 COR V ,\ I S13END 2,c' R65W 1; FND 2Nz" ALUM. CAP \ \ STAMPED POWERS ELV. \_- LS#�9r5r857--0-----�--- 5-- - - i- - --IL'-- - \-- - -YYEEZ� Sc) m rto EXISTING 60' R.O.W. 1 � m RD.BK-1/PG-153 - tto NOV. 18, 1872 /'! I`i RIGHT—OF—WAY ACQUIRED 12,946.20 sf. OR 0.30 ac.± I I 't LINE TABLE P.O.B. } LINE BEARING DISTANCE ,r N. L1 589'46'49"W 30.00' I I a L2 N89'48'28"E 57.98' I \ �!� `N` L3 500'13'11"E 139.12' I�'mI� 'N 4 I a1�V I� z1 -?-s? CURVE CURVE TABLE N' C#LENGTH RADIUS DELTA CHD B CHD I N. C1 242.59'3570.00'03'53'36"N46'23'23"W 242.54' w ts.1 N\ C2 121.00' 375.24' 18'28'34" 576'22'59"E 120.48' Ie°I �. .-NI N O < 10031 tn I I 1^I 11 WELD COUNTY I I INVESTMENT GROUP. INC. I U RECP.#2070615 S./ I \\ ` p00•REg iT , EXISTING R.O.W. I i \��` • •: '� RD.BK-2/PG-266 I CYyy �`�W •Q l JUL. 7, 1879 _ t� N•• 6 'I 23520 • NOTE: THIS EXHIBIT MAP DOES NOTI = REPRESENT A MONUMENTED LAND i ��'. 3-2.o -131&z SURVEY OR LAND SURVEY PLAT. I %�S'•IT IS ATTACHED INTENDED PROPERTY ILLUSTRATE CRIPTIONTHE I //% � •� •Y \\ Al �`` ONLY. C 1 4T COR "IIIIIIIR1t� 513-TSNR65W f R R FND 2N. ALUM. CAP STAMPED ALLES LS#9644 RIGHT OF WAY �, 1861 , ��,�✓ WELD COUNTY DEPARTMENT g6 OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION WELD COUNTY ✓ PROJECT INVESTMENT GROUP PROJECT NO: SR -z3 SCALE: 1"=200 GOUN7Y WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: MB SHEET: 2 of2 4012432 Pages: 6 of 8 04/29/2014 10:52 RN R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO ill FAT gl III AY Ili' R'IN Ili 1 II II 11 1 EXHIBIT-B NW I/4 5I3-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 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. 2070615 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 0013'11" EAST A DISTANCE OF 2689.97 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'28" WEST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 204.96 FEET TO THE POINT OF BEGINNING. THENCE 56.28 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 00'54'12" AND WHOSE CHORD BEARS SOUTH 44'53'41" EAST A DISTANCE OF 56.28 FEET; THENCE SOUTH 89'48'28" WEST A DISTANCE OF 54.44 FEET; THENCE NORTH 00'11'32" WEST TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 40.00 FEET; THENCE NORTH 89'48'28" EAST ALONG SAID NORTH LINE A DISTANCE OF 14.85 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,381.55 sf. OR 0.03 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. \\\‘O0 RE R REE //// LEON W. SIEVERS ��`\\ 1(4- PLS 23520 6@, c9" • ; = 23520 untAL//'U( I1111t" II WELD COUNTY DEPARTMENT PERMANEN T 1861 _ OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION WELD COUNTY PROJECT 1 J PROJECT NO: SRP-23 SCALE: 1"=200 INVESTMENT GROUP GOuNTY WELD COUNTY,COLORADO If DATE: 2-15-13 DRAWN BY: JHB SHEET: 1 oft 4012432 Pages: 7 of 8 04/29/2014 10:52 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell N!�1GYv,P+�;Pf lh4l 'ADM DMWlN'r#IIY 1IIII EXHIBIT-B NW I/4 513-T5N-R65W P.O.C. N 1/4 COR ''.` I S13-75N-R65W . . . FND 23c ALUM. CAP \ LS#958 STAMPED POWERS ELV. \ S89'48'28"W 204_96'- --- 1- - -5_ -R- - -WCR 58- �- -- PERMANENT EASEMENT ACQUIRED `-� ' EXISTING 60' R.O.W. 1,381.55 sf. OR 0.03 ac.± \\w RD.BK-1/PG-153 { i NOV. 18, 1872 N ti DETAIL N89'48'28"E -NTS- I I I i N, i 14.85' i I i j N J Isis' i m cIn o I/ . ��if� Z �• I�Ia' �9 Iml S89'48'28"W 54.44' w u_i ��I�' I Io'm. Ni CURVE TABLE C#LENGTH RADIUS _ DELTA CHD B CHD ' I C1 56.28' 3570.00' 00'54'12" 544'53'41"E 56.28' knn' ' 'Ct. I WELD COUNTY I INVESTMENT GROUP. INC. RECP.#2070615 outhir I PGA %/ Q .. EXISTING R.O.W. I Jam �'• .�, •/ •.'�/�% RD.BK-2/PG-266 FLF�:cO JUL. 7, 1879 - ;� N. 23520 i NOTE: THIS EXHIBIT MAP DOES NOT 6 ' :'... REPRESENT A MONUMENTED LAND I - .3 2C 13 .•gam SURVEY OR LAND SURVEY PLAT. ATTACHED IT IS NDED TO PROPERTY DESCRIPTION E II C 1 4 CORI, /'•,.�('llll ��\\\\\\\\ ONLY. 513-T5N-R65W f R R FND 274" ALUM. CAP STAMPED ALLES LS#9644 i J WELD COUNTY DEPARTMENT PERMANENT 1861A OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION PROJECT WELD COUNTY I • INVESTMENT GROUP 1 IV T Y PROJECT NO: SRP-23 SCALE: 1"=200 GOB WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: RIB SHEET: 2 o12 4012432 Pages: 8 of 8 04/29/2014 10:52 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO 1111PAC Rah'1114MeilliDIALIrlillibliii, 11111 X86= MEMORANDUM TO: Clerk to the Board DATE: May 27, 2014 AUNTY FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2014-1142 Easement Deed of Dedication with Weld County Investment Group, Inc. for the WCR 49 Extension Project. Enclosures M\FrenciMGENDA memos\Agcndsleoml.doc CC: Pw(FC,LS) Co aidr ft+cendc3 IP-A-19 ow V- VcR -Z- Iy 66 ooh EASEMENT DEED OF DEDICATION THIS DEED,made this p(— day of CS[4.Ytz ,2014,between Weld County Investment Group,Inc.,("Grantor"),whose legal address is 27294 Weld County Road 47.5,Greeley,Colorado 80631, 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: Pursuant to an Agreement Dated ,2014,Grantor,for and inconsideration of the sum of Five Hundred Dollars and no/100 ($500.00) the receipt and sufficiency of which is hereby acknowledged, does, hereby dedicate and convey forever unto Grantee and Grantees' heirs, successors, assigns, and personal representatives, a perpetual construction and maintenance easement, (hereinafter referred to as the "Easement"), over and across Grantor's real property in Weld County, Colorado. The exact location of the Easement is more particularly described on Exhibit A,which is attached hereto and by this reference incorporated herein and made a part hereof. In the event that washouts, erosion, or other natural causes require a relocation of some portion of the culverts to be constructed within the Easement,Grantee shall have the right to relocate the culverts in a reasonable manner, at Grantees' expense, including a re-survey of the Easement location, as set forth in Exhibit A,if necessary. Grantee, at Grantees' expense, has constructed, and shall have the right to operate, use, maintain, and repair the culverts within the Easement and shall have reasonable access thereto. The Easement shall be an easement appurtenant to Grantees'Public Road Right-of-Way,and shall inure to the benefit of Grantees'heirs,successors,assigns,and personal representatives,subject to the conditions set forth herein. All costs associated with the Easement, including surveying, construction, repair, maintenance, and snow removal, shall be borne by Grantees. Grantees' use of the Easement shall be non-exclusive, and Grantor and Grantor's heirs, successors,assigns,personal representatives,guests,and invitees shall have an equal right to the use of the surface area of the Easement,without interference with Grantees' use thereof,and subject to the proviso that any increased costs of repair and maintenance caused by such use shall be borne by the party using the Easement. The mineral estate under said property,including oil,gas,hydrocarbons and any and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantors, except as required to sustain the integrity of the Easement. Easement Deed of Dedication Page 1 4020458 Pages: 1 of 5 06/03/2014 10:31 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111INCINViiIIi I4 AAR lAtifirKINM11111 2frd N WITNESS WHEREOF, Grantor has executed this Easement Deed this /// day of lu' , 2014. WELD CO TY INVESTMENT(( GROUP, INC. By: �� t Title: YI!51L{ r� f STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 115+ day of m'a,Ye.+'1 2014,by And y e w day Hto Are tick ht ,Weld County Investment Group,Inc.,Grantor. Witness my hand and offiolNO k E Y PUBLIC �`,/►� � C 7 _ STATE OF COLORADO G '%� NOTARY ID 20124063203y Public MY COMMISSION EXPIRES 09-28-2016 My commission expires: Ct/Z&/ 2.Oki 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). rul Dated this day of ftutt, ,2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTIY/COLORADO ATTEST �( ��"y�� k ' &• terdo � �•- �•:ra Rir eyer, „h 'r Pro-Tem Weld County Clerk to the Board I .5' ' ,, JUN 0 2 2014 BY �.� l1 � %•.s „`� Deputy Clerk to the Board `= 1 , Easement Deed of Dedication Page 2 4020458 Pages: 2 of 5 06/03/2014 10:31 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, 00 �D/9`//�� ■III1��1GI«Y��I�h'W�Lkf�l N ?Dual W�'�rYk� ■I III STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 71441 The foregoing instrument was acknowledged before me this0.rday of 2014,by Barbara Kirkmeyer -- Board of County Commissioners of the Co ty�d. Chair Pro-Tem Witness my hand and official seal. pU ..... Notary Publi it My commission expires, f DONNA J. i1 BECHLER I $ it �'f o 60'-- MY COMM.EXP.04-10-2016 Easement Deed of Dedication Page 3 4020458 Pages: 3 of 5 06/03/2014 10:31 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lu ?tiWar ��,�� EXHIBIT-A NW 1/4 S13-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 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. 2070615 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'13'11" EAST A DISTANCE OF 2689.97 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'28" WEST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 204.96 FEET TO THE POINT OF BEGINNING THENCE 56.28 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 00'54'12" AND WHOSE CHORD BEARS SOUTH 44'53'41" EAST A DISTANCE OF 56.28 FEET; THENCE SOUTH 89'48'28" WEST A DISTANCE OF 54.44 FEET; THENCE NORTH 00'11'32" WEST TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 40.00 FEET; THENCE NORTH 89'48'28" EAST ALONG SAID NORTH LINE A DISTANCE OF 14.85 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,381.55 sf. OR 0.03 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. LEON W. SIEVERS `\\\. 0 RE,G/ . PLS 23520 ` �NI ;▪� � J 9Nt 23520 = , • ©MAL LAS �f• 4020458 Pages: 4 of 5 06/03/2014 10:31 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII IKI��NfrBAIMCIM'1IMPIII ILAiii' 11III WELD COUNTY DEPARTMENT R PERMANENT X61 OF PUBLIC WORKS EASEMENT i) r WCR 49 EXTENSION WELD COUNTY PROJECT INVESTMENT GROUP ]'� LJ T� �, PROJECT NO: SRP-23 GOON SCALE: 1"=200 WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: JHB SHEET: 1 oft • EXHIBIT-A NW I/4 SI3-T5N-R65W P.O.C. N 1/4 COR '` ' S13-T5N-R65W BORYS OESTREICH �.8. \, END 2J4" ALUM. CAP SW 1/4 `` \ STAMPED POWERS ELV. S12-T5N-R65W ., \, ' LS#9585 589'48'28"W 204.96'_ -PEVR 58- -- -- - PERMANENT EASEMENT ACQUIRED -1 ' EXISTING 6O' -R-.0.\07.1:,-.7—i 1,381.55 sf. OR 0.03 ac.t I RD.gK-1/PG-153 , NOV. 18, 1872/ ' ACQUIRED DETAIL R.O.W. N89'48'28"E -NTS- I i N, �' Ts l �4t7L4% ,Iit1i►m1is_I•Ii� iS ml S89'48'28"W 54.44' w i r `N I;;� rn, NE 1/4 \ 'N c :1-1(11 S13-T5N-R65W o V I on CURVE TABLE a—, C#LENGTH RADIUS DELTA CHD B CHD N wL Cl 56.28' 3570.00' OO'54'12" 544'53'41"E 56.28' ktP mWO— EIS I re�— WELD COUNTY I V da 0— INVESTMENT GROUP. INC. ELPI RECP.#2070615 I I BOSCH mt' ' i LOT 8/2nd AMD.RE-2 co m! NW I/4 -.• .71210;11;11::::::: man S/3-T5N-R65W EXISTING R.O.W. ; ,: �; ao o RD.BK-2/PG-266 I I vm�M JUL. 7, 1879 l 2 NOTE: THIS EXHIBIT MAP DOES NOT l-o- t REPRESENT A MONUMENTED LAND I ?'•• IT SURVEY TENDED OR ND TOSLLUSTRATEURVEY TTHE ` '141 LA Y� ..•-• REPRESENT ONLY.ATTACHED PROPERTY DESCRIPTION I I C 1/4 COR S13—T5N—R65W S R R FND 23in ALUM. CAP Martinez I STAMPED ALLES LS#9644 1 PERMANENT 186 WELD COUNTY DEPARTMENT EASEMENT -1 OF PUBLIC WORKS ! l\\ WCR 49 EXTENSION rJ 1 PROJECT WELD COUNTYI� INVESTMENT GROUP a'G O UIN T Y -' PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO DATE: 2-15.13 DRAWN BY: JHB SHEET: 2 of 2 =$61 MEMORANDUM It r : L? ' ® TO: Clerk to the Board DATE: May 27, 2014 COLNTY FROM: Leon Sievers,Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2014-1142 Deed of Dedication for Public Road Right-of-Way with Weld County Investment Group,Inc.for the WCR 49 Extension Project. Enclosures M1FrenciMGENDA memoMgendsLeon.doc CotI CC : ,a(F 1-55 a6��-ies�a to- c6O0TRO DEED OF DEDICATION FOR PUBLI C -ROAD RIGHT-OF-WAY THIS DEED,made this o?day of �JU,ttQ . , 2014,between Weld County Investment Group, Inc.,"Grantor"whose legal address is 27294 Weld County Road 47%,Greeley,Colorado 80631,and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of One Thousand,Three Hundred Fifty Dollars and no/100 ($ 1,350.00) the receipt and sufficiency of which is hereby acknowledged, does,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, 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 oil,gas,hydrocarbons,and mineral leases,liens,encumbrances,rights-of-way, easements and utilities thereto existing or of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas, hydrocarbons 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. WELD CO TY MENT GROUP, INC. By: dam'Title: PYe5i STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this Z eday of lel ar ticl 2014,by Y 1 Pveyi aehi- , Weld County Investment Group, Inc., Grantor. STEPHANIE J ROE Witness my hand and offERAPPOLIBLIC STATE OF COLORADO 42ere_ NOTARY ID 20124063203 Notary Public MY COMMISSION EXPIRES 09-28-2016 My commission expires: a ti01 Deed of Dedication Page 1 4020459 Pages: 1 of 4 06/03/2014 10:31 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �iiiIRA!tIkulrirgi rt��w.r��a� a,a,�i� till 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). na Dated this o7 day of \J uLt' , 2014. BOARD OF COUNTY COMMISSIONERS W LD COUNTY C o LORADO / ATTEST: ((�� r� L �1 .._. .! 1.:�. ' &I J.LO:K 'rkmey-r, , Chair ro-Tem Weld County Clerk to the Board � JUN 0 2 2014 BY LAJS 1111/1d �� E.A:ci MI D uty Clerk to the Board , 0 Gfl1 I STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thisa& day of�U h o , 2014,by Barbara Kirkmeyer, Board of County Commissioners of the County of Weld. Chair, Prot.Tem Witness my hand and official seal. 1 RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO 1 o y Public NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2018 My commission expires:di Anita, p ad, a O Deed of Dedication Page 2 4020459 Pages: 2 of 4 06/03/2014 10:31 AM R Fee:$0.00 Steve Moreno,l Clerk and we iii/ wit County,' +W ON aoiy-irya EXHIBIT-A NW 1/4 SI3-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 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. 2070615 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'13'11" EAST A DISTANCE OF 2689.97 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'13'11" EAST ALONG THE EAST LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 167.86 FEET; THENCE SOUTH 89'46'49" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47.5 A DISTANCE OF 30.00 FEET BEING A POINT OF CURVE TO THE RIGHT AND THE POINT OF BEGINNING. THENCE 242.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'53'36" AND WHOSE CHORD BEARS NORTH 46'23'23" WEST A DISTANCE OF 242.54 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE NORTH 89.48'28" EAST ALONG SAID NORTH UNE A DISTANCE OF 57.98 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 121.00 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 375.24 FEET, CENTRAL ANGLE IS 1828'34" AND WHOSE CHORD BEARS SOUTH 76'22'59" EAST A DISTANCE OF 120.48 FEET AND BEING A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 00'13'11" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 139.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,946.20 sf. OR 0.30 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. \\ N.�p P.. REG/ N gyp' w .. �e� LEON W. SIEVERS • 23520 = PLS 23520 = 4020459 Pages: 3 of 4 /4 LPitv'c) 06/03/2014 10:31 AM R Fee:$0.00 �i,ryiiiii.,,• Steve Moreno, Clerk and Recorder, Weld Count Y, CC' III � �C�I��I�IK'1�R,1�4.11�EW4�BI�P,1��14�IY4� �I VIII NJ 1P WELD COUNTY DEPARTMENT RIGHT OF WAY • 1861 OF PUBLIC WORKS ACQUISITION / r WCR 49 EXTENSION PROJECT WELD COUNTY f r INVESTMENT GROUP "] T Y - PROJECT NO: SRP-23couN SCALE: l"=200 WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: JHB SHEET: 1 oft A EXHIBIT-A NW I/4 SI3-T5N-R65W \ \ ''\ P.O.C. N 1/4 COR 813-T5N-R65W BORYS SW 1/A OESTREICH \\:\ \ I FND 21¢" ALUM. CAP N. STAMPED POWERS ELV. 811-SW 1/4 s- 5_- R- \ co W£R S8a 'm EXISTING 60' R.0.10,711-„r iiiRD.BK-1/PG-153 . G NOV. 18, 1872 / RIGHT—OF—WAY ACQUIRED 12,946.20 sf. OR 0.30 ac.t , ` LINE TABLE I I : N($6 P.O.B. LINE BEARING DISTANCE , L1 589'46'49"W 30.00' I N a� L2 N89'48'28"E 57.98' I I ' \ �~ r, L3 SO0'13'11"E 139.12' '�' I/ `.t \•N__ z, 9 CURVE TABLE N�¢I c#LENGTH RADIUS DELTA CHD B CHD , m N C1 242.59'3570.00'03'53'36"N46'23'23"W 242.54' w w, \, C2 121.00' 375.24'18'28'34" 576'22'59"E 120.48' \ S ,- N .NET/d -'N ar 'o aI S13-T5N-R65W Io m, col i "x NW1/4 'I I G 513-T5N-ROW G M WELD COUNTY I I °LL' INVESTMENT GROUP. INC. I vmpas RECP.#2070615 inr-EWa c m I BOSCH m a^m-.. I ' : LOT B/2nd AMD.RE 92 a14_1 III I I \\\\.N0S,•RE S . �Nmo EXIS11NG R.O.W. I >VO ••_. . Sic Fgrt .t) RD.BK-2/PG-266 I _ p' Gs.¢G am _ JUL. 7, 1879 N - -4 N, Do., —I = q 23520 'Nu 1E: THI5 EXHIBIT MAP DOES NOT 'I , rte- ; •' -:: REPRESENT A MONUMENTED LAND l';-.• '•• SURVEY OR LAND SURVEY PLAT. !2 Diu"'''••'°•�` IT IS INTENDED TO ILLUSTRATE THE i LA//' —11. L/at�(I` �• \,` /7, ATTACHED PROPERTY DESCRIPTION , ilr;l�i'n�+ ONLY. 1 C 1/4 COR 813—T5N—R65W 5 Ft R I� FND 2X" ALUM. CAP Martinez STAMPED ALLES LS#9644 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861_ OF PUBLIC WORKS ,� WCR 49 EXTENSION WELD COUNTY --e--;1 7 PROJECT l� `- p INVESTMENT GROUP PROJECT NO: SRP-23 ✓] C O U N T Y= SCALE: 1"=200 WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: JHB SHEET: 2 oft Hello