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Home My WebLink About20141173.tiff RESOLUTION 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 -JAMES AND BETSY KLEIN 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 James and Betsy Klein, 28465 County Road 49.5, 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 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 James and Betsy Klein, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. rev -to Pw (Fes.Ls) CC' PLA)(fc,is, lin) 2014-1173 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT-JAMES AND BETSY KLEIN 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (Qtvv cLr � '� Dougl Rademac er, Chair Weld County Clerk to the Board •ara Kirkmeyet, Pro-Tem BY: De'Aty Clerk to the Boar l I� -tip 45V P. Conway � Al/P, TO FORM: C; '►•w�.n� ike Free n ounty Attorney I it iam . G Date of signature: '/2`1I'15' 2014-1173 EG0070 =s6= MEMORANDUM l- ,�/ (� \ TO: Clerk to the Board DATE: April 10, 2014 G_O_U N T:�' 11f 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 James and Betsy Klein. One original agreement is attached. M:V'rancielAGENDA memos\Agenda-Leon-2.doc 2014-1173 • AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 491 BETWEEN JAMES AND BETSY KLEIN AND WELD COUNTY,COLORADO THIS AGREEMENT is made this qi %."- day oft, 2014,by and between James and Betsy Klein,whose address is 28465 WCR 49'/2,Greeley!Colorado 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 1 150"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 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 Seven Thousand, Five Hundred and no/100 Dollars, ($7,500.00). 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 4010172 Pages: 1 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII rIC+Lh lIONMCVII,h'MirleiliMa:cJlAI III a0/4L//73 • 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 One Thousand, Five Hundred, Eighteen and no/100 Dollars, ($1,518.00). 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. 4. Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication,free and dear of all liens and encumbrances,except existing easements. 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 date of this Agreement, and shall expire and be of no further force or effect on April 1, 2015, or upon the completion of the Road Improvement Project,whichever is earlier. 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 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 upon 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 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 Agmt for Purchase of ROW and Temp Easement-Possession Following Transfer Page 2 4010172 Pages: 2 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 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 Construction 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 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 shall reimburse the Owner the sum of Forty Six Thousand, Seven Hundred Three and no/100 Dollars,($46,703.00)for the reconstruction of a new concrete lined irrigation ditch, (the existing concrete lined ditch will be removed and disposed by County) and fill material for reconstruction of associated maintenance road. 6. County agrees to preserve existing ag and oil field access at south end of property and agrees to reserve the option for a future commercial grade access to County Road 49 to be located no less than 1320 feet south of the intersection of US Highway 34 and County Road 49. 7. The County recognizes that this parcel is a part of acreage to be dried up as required in Decree in Case No. 02CW245 and will not irrigate. 8. County will install a 4 strand barbed wire fence with steel posts and with wood posts every 4th steel post. Fence will be installed along the new road right of way line. Said fence will become the property of and maintained by the Owner. 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 for the purposes of constructing the Road Improvement Project and the right of way fence, and for its daily operation, access Agmt for Purchase of ROW and Temp Easement-Possession Following Transfer Page 3 4010172 Pages: 3 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III�!�1R+S6'itilllill',�li'�+4�Wlti�tEi 4�Y it1Fi�'rY41h Bill 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. County shall also be responsible for any damages beyond the Temporary Construction Easement by County or County's agents. 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 4010172 Pages: 4 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIINell,1 fr:l44ti'I +,t+Lf,) f1N'MLELk!KV, ■IIII IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. James Klein Betsy Klein By: 3 a"-"" — By: &lay /�/�xa-A"' Title: Owner Title: Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:LL�� r(i�+,'�� f/ '� you lah Kademac er, Chaim ♦ IS La APR 1 4 2014 Weld County Clerk to the Board ,��``� -_ � # BY. „�, tsE2 Deputy Clerk to the Board ''? Agmt for Purchase of ROW and Temp Easement-Possession Following Transfer Page 5 4010172 Pages: 5 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■111 �1�'4ili�lhd+l�h�l�'K ,3k+1t +JtM� ��F�l�i�i1i' 111111 ow/N-/17 • 4 ' EXHIBIT-A NW 1/4 S19-T5N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 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. 2457087 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 19 AS BEARING NORTH 00'26'32" WEST A DISTANCE OF 2634.11 FEET TO THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0026'32" WEST ALONG SAID WEST LINE A DISTANCE OF 453.76 FEET; THENCE NORTH 89'33'28" EAST TO A POINT ON THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE ALONG SAID EAST LINE NORTH 0026'32" WEST TO THE SOUTHERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2242258 A DISTANCE OF 1528.16 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89'10'42" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.00 FEET; THENCE SOUTH 00'26'32" EAST TO A POINT ON THE NORTHERLY LINE OF RECORDED EXEMPTION NO. 648 (RE-648) A DISTANCE OF 1518.73 FEET; THENCE SOUTH 75'56'02" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 41.16 FEET TO THE POINT OF BEGINNING: SAID PARCEL CONTAINS 60,937.64 sf. OR 1.40 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. �*`v 2Q `.9• i S LEON W. SIEVERS � G . n PLS 23520 23520 �; : 1 -17-1 4010172 Pages: 6 of 11 04/18/2014 ev Moreno, Clerk 3 and Recorder, Weld County CO /7)/047********* uvi NIr1L t I '�P�.��,i�,ti4�+WM+��Ih'�+ti1�S�1114r� 11111 j11 RIGHT OF WAY WELD COUNTY DEPARTMENT 186' OF PUBLIC WORKS ACQUISITION RW_3 I' ' �_ �� WCR49 EXTENSION �` �� PROJECT KLEIN c- _ � �'d1 _L. PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO CCU-TN " - _ DATE: 1-17-14 DRAWN BY: DRH SHEET: 1 oft EXHIBIT-A NW 1/4 S19-T5N-R64W NW COR S19-T5N-R64WCENTENNIAL AG FND 3 1/4" A.C. /.j.,r:II,:. I SUPPLY CO. STMP.CDOT LS//17508 1992 IN MON. BOXL2 ra EXISTING R.O.W. RD.BK-2/PG-311 APR. 6, 1880 • b'NY4 ,'JUANITA L. MCCAULEY RIGHT—OF—WAY ACQUIRED IL60,937.64 sf. OR 1.40 ac.± • SS1 5-R IIll E EA S2A-l>;�-R656G . L m u RW-3 it JAMES & BETSY II; KLEIN '=h REC# 2457087 -a � II� F41',:,* NZ . r SANDIN FARM EEC 40' ?^ LINE TABLE o-- LINE BEARING DISTANCE ° pp L7 N89'33'28"E 30.00' GI v I� L2 N89'10'42"E 40.00' ...m3a L3 575'56'02"W 41.16' waDs I od P.O.B. \\\\,,,01: " I I l' ii ma(0: L1 �bk`: ��\\� :; / L3 \)' - aTSImU I. P.O.C. K2P.V R �=y L LF ec _ ,OS W 1/4 COR > RE-648 • ao 519-T5N-R64W a 23520 , ''.'l'7 FND 2 1/2" A.C. :',1 / 'a:,"e,o I- Cl - 171(°:<-3 B,9m - STAMPED PLS 9644 _ 'A -' my = 2001 IN MON. BOX "'' ^•"2.," 3��`� III v NOTE: THIS EXHIBIT MAP DOES NOT ------ -------- -- -------- REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE I I MAXLY ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT 186' OF PUBLIC WORKS ACQUISITION CRW) WCR 49 EXTENSION \ PROJECT il KLEIN PROJECT NO: SRP-23 SCALE: l'=300' WELD COUNTY,COLORADO I G O U NII T Y DATE: 1-17-14I DRAWN BY: DRHISHEET: 2of2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-3 (Exhibit-A) STA. 4+76.96 Rt. to STA. 20+05.12 Rt. (WCR 49) FROM James & Betsy Klien 28465 WCR 49.5 Greeley, CO 80631 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4010172 Pages: 8 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, CO i.a•,•N«��,� MiIII EXHIBIT-B NW 1/4 S19-T5N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 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. 2457087 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 19 AS BEARING NORTH 00'26'32" WEST A DISTANCE OF 2634.11 FEET TO THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'32" WEST ALONG SAID WEST LINE A DISTANCE OF 453.76 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'33'28" EAST TO A POINT ON THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD 49 AND ALSO BEING A POINT ON THE NORTHERLY LINE OF LOT B OF RECORDED EXCEPTION 648 (RE-648) A DISTANCE OF 30.00 FEET; THENCE ALONG SAID NORTHERLY LINE NORTH 75'56'02" EAST A DISTANCE OF 41.16 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID NORTHERLY LINE NORTH 00'26'32" WEST TO THE SOUTHERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2242258 A DISTANCE OF 1518.73 FEET; THENCE ALONG SAID SOUTHERLY LINE NORTH 89'10'42" EAST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE SOUTH 00'26'32" EAST TO A POINT ON THE NORTHERLY LINE OF RECORDED EXEMPTION NO. 648 (RE-648) A DISTANCE OF 1516.37 FEET; THENCE SOUTH 75'56'02" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10.29 FEET TO THE POINT OF BEGINNING- SAID PARCEL CONTAINS 15,175.14 sf. OR 0.35 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. \ „I,,,,•. / i 6y<z :t ; .LEON W. SIEVERS � 235 — PLS 23520 h: 20 4010172 Pages: 9 of 11 ;r . •, A 04/18/2014 01:03 PM R Fee:$0.00 < 1� ........ Steve Moreno, Clerk and Recorder, Weld County, CO ; LAO) J VA' 101 M!�11L'�t�P�r,lhlt�Yak:k�7I 1 f �hl�f�XiYl'rf� II ". TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS TE-3 WCR 49 EXTENSION PROJECT KLEIN PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO COUNTY DATE: 1-17-14 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT-B NW 1/4 S19-T5N-R64W NW COR S19-T5N-R64W CENTENNIAL AG FND 3 1/4" A.C. SUPS Ly co. STMP.CDOT LS#175O8 A L3 1992 IN MON. BOX EXISTING R.O.W. RD.BK-2/PG-318 ., ' APR. 6, 1880 NW H4 +; SI9-T5N-R64;v Inl JUANITA L. MCCAULEY IS TEMPORARY EASEMENT ACQUIRED 15,175.14 sf. OR 0.35 ac. II t.11tiEJII 52-1-T5N-R65W I93 o, Is TE-3 JAMES & BETSY Elm KLEIN ♦D 'tI 'I REC# 2457087 III I ac ' Rig t SANDIN FARM LLC T 1 4O LINE TABLE o LINE BEARING DISTANCE 3-°- L1 N89'33'28"E 30.00'__, m� 1O L2 N75'56'O2"E 41.16' „Ism 3Z re L3 N89'1O'42"E 10.00' 4fl, L L4 S75'56'O2"W 10.29' sow-0-- Iii C 6O'� 0 o� a '+�¢L; P.O.B. \�,.I..ii��lll. 14"36 L4mmt Wm ° av- I I L2 < -_-_- • " P.O.C. t - � ��E ^op W 1/4 COR 'u c •ma m� S19-T5N-R64W 23520 --z. N~2" FND 2 1/2" A.C. :81 KRAMER t i /7-) rn.§ oTaak STAMPED PLS 9644 !OT-B , z F•-,-....,>F2---_--- 2OO1 IN MON. BOX RE-648 'i. Is1,Sr'IJ S' NOTE: THIS EXHIBIT MAP DOES NOT — —-— — —---- — —-- —-— —- REPRESENT A MONUMENTED LAND I SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE I MAXEY ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY EASEMENT W WELD COUNTY DEPARTMENT ACQUISITION X861 OF PUBLIC WORKS TE-3 = WCR 49 EXTENSION PROJECT KLEIN PROJECT NO: SRP-23 SCALE: 1'=300' WELD COUNTY,COLORADO COUNTY_ 1 DATE: 1-17-14 DRAWN BY:DRH SHEET: 2 of2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: TE-3 (Exhibit-B) STA. 4+89.08 Rt. to STA. 20+05.45 Rt. (WCR 49) FROM James & Betsy Klien 28465 WCR 49.5 Greeley, CO 80631 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4010172 Pages: 11 of 11 04e/e8 Mo01no,0Cle0rk anld R Fee Recorrder, Weld County, CO $0.00 ��Nl�.rti�i�w 1h1+iliM IM%ki ii:IN'L 1%',PI411 ,, II II I = 86�� jWflJj \j MEMORANDUM G O U N?-tr TO: Clerk to the Board DATE: April 17, 2014 FROM: Jackie Hernandez-Barrow, Public Works Department SUBJECT: BOCC Consent Agenda RE: Associated with Agreement—Doc #2014-1173 Deed of Dedication for Public Highway with James and Betsy Klein. Cc :PW y ZI I y 4-2H4 clout- /r73 EU0070 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED,made this `(9 day of jAkop,.\\ ,2014,between James and Betsy Klein,"Grantor" whose legal address is 28465 Weld County Road 49'/2,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"0" 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 casements 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. J Betsy etsy Lf-!(o - 1///6 .2 c7 / Date Date KERMR C HUCKABAY NOTARY PURUC STATE OF COLORADO ) STATE OF COLORADO ) ss. NOTARY ID 20054041052 COUNTY OF WELD ) MY COMMISSION EXPIRES OCT.21,2017 The foregoing instrument was acknowledged before me this I Er" day of 2014, by ,Owner. Witness my hand and official seal. Notary Public My commission expires Z I )1)14 Deed of Dedication Page l 4011171 Pages: 1 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County Co •iv kr111R:NACIIN IALII'MI 11111 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 Oil day of /-iPr;/ , 2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W fe cJ�nr G �CL� ' ade acher, Chair = APR 2 1 2014 Weld County Clerk to the Board ttot �, : BY. iVC(f,Q4( aYlal Deputy Clerk to the Board ♦,,, ��. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this Z\ day of , 1 2014, by 0. ��,�,ary,_�Chair, Board of County Commissioners of the County o Weld. Witness my hand and official seal. N to P lic My commission expires: SUSAN BROWN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010751 MY COMMISSION EXPIRES FEBRUARY 22,2017 Deed of Dedication Page 2 4011171 Pages: 2 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■DIElf1P� hwilellartlillii (I4Vi4\T( L4 ilIli III III a20/A/-//7,9 EXHIBIT-A NW I/4 SI9-T5N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2457087 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 19 AS BEARING NORTH 00'26'32" WEST A DISTANCE OF 2634.11 FEET TO THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'32" WEST ALONG SAID WEST LINE A DISTANCE OF 453.76 FEET; THENCE NORTH 89'33'28" EAST TO A POINT ON THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE ALONG SAID EAST LINE NORTH 00'26'32" WEST TO THE SOUTHERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2242258 A DISTANCE OF 1528.16 FEET; THENCE DEPARTING SAID EAST LINE NORTH 8910'42" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.00 FEET; THENCE SOUTH 00'26'32" EAST TO A POINT ON THE NORTHERLY LINE OF RECORDED EXEMPTION NO. 648 (RE-648) A DISTANCE OF 1518.73 FEET; THENCE SOUTH 75'56'02" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 41.16 FEET TO THE POINT OF BEGINNING • al SAID PARCEL CONTAINS 60,937.64 sf. OR 1.40 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND -LE rte_ SURVEYOR IN AND FOR WELD COUNTY, COLORADO. y 31 • .,;4 3S LEON W. SIEVERS ,7 •� ,L:�'C^ c II,-f PLS 23520 V- <c� Ina 2352 maiid %$'• ri7-1 igg; con ////71. LAND... .. Go NN WELD COUNTY DEPARTMENT RIGHT OF WAY >g6> OF PUBLIC WORKS ..�v- ACQUISITION m WCR 49 EXTENSION PROJECT KLEIN PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO I C p U.N T Y JI DATE: 1-17-14 DRAWN BY: DRH SHEET: 1 oft • EXHIBIT-A NW 1/4 S19-15N-R64W NW COR S19-T5N-R64W - ' CENTENNIAL AG FND 3 1/4" A.C. SUPPI.Y CO. STMP.CDOT LS#17508 1992 IN MON. BOX I EXISTING R.O.W. RD.BK-2/PC-318 APR. 6, 1880 I 519-75 -R64W n JUANITA L. McCAULEY '� RIGHT—OF—WAY ACQUIRED 60,937.64 sf. OR 1.40 ac.± RW-3 ' . r JAMES & BETSY Owg KLEIN REC# 2457087 IM :8D.1 O S SANDIN FARM LLC t i ;� 40' LINE TABLE LINE BEARING DISTANCE 5 I 1 L1 N89'33'28"E 30.00' 3 L2 N89'10'42"E 40.00' 6):9s1 L3 S75'56'02"W 41.16' ova 3=i• *B 'D'.A, -•i 6O'-7 W Wai C P.O.B. unu II mop P.O.C. I I ILKRAMI R C'' �� CcF90 0-19.2-.. ; LOT—B • e FC ox W 1/4 COR +I RE-648 OM! 519-T5N-R64W �' xi: 23520 , i `vimA.C. AFND 2 1/2" A.C %- U.C1- ) MC �N o ti STAMPED PLS 9644 �M a 2001 IN MON. BOX 4;• x+01 /,,, LACE S�,��i�\ cmv� HEff i'i,11;',f11\" NOTE: THIS EXHIBIT MAP DOES NOT ------------- ----- -- REPRESENT A MONUMENTED LAND SURVEY LAND INTENDED TO S E PLAT. LLUSTRA IT IS THE III MAXEY ATTACHED PROPERTY DESCRIPTION ONLY. III RIGHT OF WAY JQä' j WELD COUNTYDPAMENT 3OF PUBLIC WORKS RW-3 WCR 49 EXTENSION PROJECT KLEIN PROJECT NO: SRP-23 SCALE: I'=300' WELD COUNTY,COLORADO G o U N T Ti JI DATE: 1-17-14 DRAWN BY: DRH SHEET: 2 oft r WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-3 (Exhibit-A) STA. 4+76.96 Rt. to STA. 20+05.12 Rt. (WCR 49) FROM James& Betsy Klien 28465 WCR 49.5 Greeley, CO 80631 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4011171 Pages: 5 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO +�''� ,I III R ' ' u ■III M 1N��h'��I�++.«,k� «II�A!RIVEN Hello