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Home My WebLink About20141441.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, AS PART OF THE COUNTY ROAD 49 EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN - RON OESTREICH 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 the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to East 18th Street, as part of the County Road 49 Extension Project, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ron Oestreich, 8018 S. Johnson Court, Littleton, Colorado 80128, commencing April 1, 2014, and ending April 1, 2016, or upon completion of the project, whichever is earlier, with 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 East 18th Street, as part of the County Road 49 Extension Project, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ron Oestreich, 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: Pw(LS,4C) 66 2014-1441 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, PART OF THE COUNTY ROAD 49 PROJECT- RON OESTREICH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2014, nunc pro tunc April 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:W C� t-f `/+r�/ s' Dbuglas Rademacller, hair Weld County Clerk to the Board 2 - I� iAlL/� rbara Kirkmeyer, ro-Tem / BY. ..t ,'( l _■ �� t,� -.A ty Clerk to the Boa 'I kV USED 'n P. Conway APP p FORM: \` u m D t Mike Freeman xvz ty Attorney /4",(-7 fi Wiliam F. Garcia Date of signature:5/ 0 N 2014-1441 EG0070 1$61 MEMORANDUM 11 r ,l rI TO: Clerk to the Board DATE: May 8, 2014 _ GOU.NY_Y FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to East 18`h Street, being a part of the WCR 49 Extension Project with Ron Oestreich. One original agreement is attached. M:AFranc�AAGENDA memo A enaa-Leon-I doc 2014-1441 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD EAST 18th STREET BEING PART OF THE WELD COUNTY ROAD 49 EXTENSION PROJECT BETWEEN RON OESTREICH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 61 day of 17 , 2014, by and between Ron Oestreich, whose address is 8018 S. Johnson Court, Littleton, Colorado 80128,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 East 18th Street,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 re-build the existing access/driveway and install a 4-strand barbed wire fence on the newly acquired right-of- way 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 Five Hundred and no/100 Dollars, ($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-Immed Possession Before Transfer Page I 4017993 Pages: 1 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO FM I ','1IIIII 7t/ y Ng/ 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 Three Hundred and no/1 00 Dollars, ($300.00). 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 clear 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 April 1,2014,and shall expire and be of no further force or effect on April 1,2016,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 at the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of the transfer of title, when Owner delivers the Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and/or Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-limed Possession Before Transfer Page 2 4017993 Pages: 2 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■IIIM��FYILR��I ,1�4'E ILI 11111 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 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. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Temporary Easement shall be the date of the transfer of title, 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 and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation,access,repair and maintenance of said project,including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right-of-Way and Temporary Construction Easement as may be useful and necessary. 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. 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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 4017993 Pages: 3 of 8 05/22/2014 12:27 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ■III I AP,II iQ4iltIl ,Itii .f III III 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Ron.lestreich BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Dougla�Rade�er, Chair Weld County Clerk to the Bard A,'. IS La♦ MAY 1 2 2014 BY• "�au.i • ►��l� % _F, �t Deputy Cl. to the Board 1%61 O CU VC Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 4 4017993 Pages: 4 of 8 05/22/2014 12:27 P11 R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO VIIIM��1k,tVIICIA IPiikIJgeiIVILDAlIIII1 Ii 1IIII 070/54 /Vg/ EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 12, 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. 2851102 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING SOUTH 89'48'28" WEST A DISTANCE OF 2683.97 FEET TO THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'28" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 146.90 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE OF 18th STREET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'48'28" WEST A DISTANCE OF 58.06 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 234.21 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'45'32" AND WHOSE CHORD BEARS NORTH 42'33'49" WEST A DISTANCE OF 234.16 FEET; THENCE NORTH 40'41'03" WEST A DISTANCE OF 171.88 FEET; THENCE NORTH 48'30'03" EAST A DISTANCE OF 3.49 FEET TO A POINT ON SAID EXISTING RIGHT-OF-WAY LINE AND BEING A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 112.92 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1468.39 FEET, CENTRAL ANGLE IS 04'24'22" AND WHOSE CHORD BEARS SOUTH 43'51'22" EAST A DISTANCE OF 112.89 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 41'39'11" EAST A DISTANCE OF 170.30 FEET TO A NON TANGENT CURVE TO THE LEFT; THENCE 166.76 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 375.06 FEET, CENTRAL ANGLE IS 25'28'31" AND WHOSE CHORD BEARS SOUTH 54'23'59" EAST A DISTANCE OF 165.39 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,168.43 sf. OR 0.12 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 PLS 2352O 0 4017993 5/2220 Pages: 14 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIII F' I'r�L�I +G�i�.44th;kW' lid',LL�6P!L�/ III RIGHT OF WAY ti WELD COUNTY DEPARTMENT X86' OF PUBLIC WORKS ACQUISITION ��) WCR 49 EXTENSION PROJECT nn OESTREICH �/ PROJECT NO: SRP-23 SCALE: WELD COUNTY.COLORADO �/ OUN T „i DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-A SW I/4 512-T5N-R65W \ EXISTING R.O.W. / N 11 - 3/ NOV.V. 18, 1872 AIL 'P,W?ly S' \ GC REEL ��" EXISTING R.O.W. R� ,� 8K-1232 --________ RECP.#2179750 j�� N. MAY 16, 1989 SYl J Te>, 3'2-?SA 2ijW N. A EXISTING R.O.W. 1.3/�i BK-1256 Ys LOT a/caxF.l[-3651 RECP.#2205381 9C4113 0190033 FEB. 14, 1990 \ e ------ Eg RON OESTREICH 13•RM-YS ,,,, ,i,m4 aEwp 3190931 RECP#2851102 L3 CURVE TABLE C# LENGTH RADIUS DELTA CHD B CHD Y Cl 234.21' 3570.00'03'45'32"N42'33'49"W 234.16' O `or y/ >65 C2 112.92' 1468.39'04'24'22" 543'51'22"E 112.89' !2 3eCP.e 3190933 C3 166.76' 375.06'25'28'31" S54'23'59"E 165.39' 4, RIGHT—OF—WAY ACQUIRED 5,168.43 sf. OR 0.12 ac.± C� P.0.8. 3 \V--- S89'48'28"W 2683.97' 146.90' WO(BASIS OF BEARINGS R 1N LINE TABLE P.O.C. S 1/4 COR \ SW COR LINE BEARING DISTANCE S12-T5N-R65W ''\ S12-T5N-R65W L1 589'48'28"W 58.06' FND 2X" ALUM. CAP "\ FND 2J " ALUM. CAP L2 N40'41'03"W 171.88' STAMPED POWERS ELV. `1 STAMPED POWERS ELEV. L3 N48'30'03"E 3.49' LS#9585 LS#25385 L4 541'39'11"E 170.30' I h ' NOTE: THIS EXHIBIT MAP DOES NOT 2. Ni N7 ' OUP ri REPRESENT A MONUMENTED LAND b`N/b4 SURVEY OR LAND SURVEY PLAT. SIT-7J,V-R65W IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. +� X861 s' WELD COUNTY DEPARTMENT RIGHT OF WAY ACQUISITION OF PUBLIC WORKS WCR 49 EXTENSION PROJECT OESTREICH I� t__- PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY, COLORADO 1J G _ U N T I DATE: 3-10-14 DRAWN BY: MB SHEET: 2 oft 4017993 Pages: 6 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO lIIIMIrjp" Lintrill4h'Ei''' k1hki\''IIif01:I I ki IA II III EXHIBIT-B SW 1/4 SI2-T5N-RO5W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 12, 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. 2851102 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING SOUTH 89'48'28" WEST A DISTANCE OF 2683.97 FEET TO THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'28" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 204.96 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'48'28" WEST A DISTANCE OF 15.66 FEET; THENCE NORTH 41'41'46" WEST A DISTANCE OF 386.11 FEET; THENCE SOUTH 48'30'01" WEST A DISTANCE OF 10.03 FEET; THENCE NORTH 41'29'59" WEST A DISTANCE OF 63.81 FEET; THENCE SOUTH 48'30'01" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 41'29'59" WEST A DISTANCE OF 80.00 FEET; THENCE NORTH 48'30'01" EAST A DISTANCE OF 27.75 FEET TO A CURVE TO THE RIGHT; THENCE 17.37 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1468.39 FEET, CENTRAL ANGLE IS 00'40'41" AND WHOSE CHORD BEARS SOUTH 51'00'10" EAST A DISTANCE OF 17.37 FEET THENCE SOUTH 41'29'57" EAST A DISTANCE OF 117.13 FEET; THENCE NORTH 48'30'03" EAST A DISTANCE OF 10.60 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 171.88 FEET TO A CURVE TO THE LEFT; THENCE 234.21 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'45'32" AND WHOSE CHORD BEARS SOUTH 42'33'49" EAST A DISTANCE OF 234.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,735.87 sf. OR 0.15 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 4017993 Pages: 7 of 8 05/22/2014 12:27 PM R Fee:$0.00 PLS 23520 Steve Moreno- Clerk and Recorder. Weld County, CO IIII Kink i.I14Ufl4,i!jb W'Iltd, ",Ii*?f14h II II TEMPORARY WELD COUNTY DEPARTMENT �86� OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION PROJECT OESTREICH V PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADOCOLORADO .., GbU .NITY 111 DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-B SW 1/4 S(2-T5N-R65W `EXISTING R.O.W. \ / RD.BK.1/PG.153 NOV. 18, 1872 = .T., \X TY ,_-____ ,� C' 1` C: \ EXISTING R.O.W. �, BK-1232 -~� j RECP.#2179750 ,� MAY 16, 1989 cS'� \ EXISTING R.O.W. BK-1256 BORYS \ RECP.#2205381 -or3083 3 VC.419 FEB. 14, 1990 5I RON OESTREICH R. BORYS eg RECP.#2851102 \ CO RR _„0, 3EO.§3,90330 Cl N.. CURVE TABLE lo C# LENGTH RADIUS DELTA CHD B CHD ,5 v9 C1 17.37' 1468.39' 00'40'41" S51'00'10"E 17.37' lA BORYS C2 234.21' 3570.00'03'45'32"542'33'49"E 234.16' v . L10 LOT 3/CORR.3E-3651 RECOd 3190933 TEMPORARY EASEMENT ACQUIRED 6,735.87 sf. OR 0.15 ac.± S12-73',-R55W l2 C2 P.O.B. 15k1/L� 589'48'28"W 2683.97' 204.96' V R BASIS OF BEARINGS R LI --- _ - --- w- 8n. LINE TABLE LINE BEARING DISTANCE \, SW COR L1 589'48'28"W 15.66' _ P.O.C. S 1/4 COR ' 1 S12-T5N-R65W L2 N41'41.46"W 386.11' S12-T5N-R65W \I FND 2J¢" ALUM. CAP L3 548'30'01"W 10.03' FND 2) " ALUM. CAP 1 STAMPED POWERS ELEV. L4 N41'29'59"W 63.81' STAMPED POWERS ELV.: ' LS#25385 LS#9585 L5 548'30'01"W 20.00' L6 N41'29'59"W 80.00' L7 N4830'01"E 27.75' h eg L8 S41'29'57"E 117.13' L9 N48'30'03"E 10.60' L10 540'41'03"E 171.88' \.r i NOTE: THIS EXHIBIT MAP DOES NOT ri REPRESENT A MONUMENTED LAND V SURVEY OR LAND SURVEY PLAT. ,v r L 1v, COI:Y_ Y IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION >:`` / STS N 1 %R' a )? i ONLY. TEMPORARY ��\,1 WELD COUNTY DEPARTMENT 861 / OF PUBLIC WORKS EASEMENT 1 WCR 49 EXTENSION �, PROJECT OESTREICH PROJECT N0: SRP-23 SCALE: I"-200 WELD COUNTY,COLORADO I� f U_� T a DATE: 3-10-14 DRAWN BY: JHB SHEET: 2 oft 4017993 Pages: 8 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO 1IIIMP1AInIJ,.IJY' '«4'4I+L'',V,I'iI:,InI'i :,I ihiaiiiii II Hl �° r861 At; MEMORANDUM TO: Clerk to the Board DATE: August 12, 2014 GOU. N . Y- FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Doc. No. 2014-1441 Deed of Dedication for Public Highway with Ronald J.Oestreich on the WCR 49 Extension Project concerning 18`h Street. Enclosures RECEIVED AUG 1 3 2014 WELD COUNTY COMMISSIONERS M\FrecdeAAGENDA manoslAycnda-Leon-I doe Cr' Rcrde (211y - It1 I n2 DD 70 ee ?w(Fc,L5) S- ig-aoiy spin/ DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this ilk day of > ur , 2014, between Ronald J. Oestreich, "Grantor" whose legal address is 5917 Sayers Road, Colorado Springs, Colorado 80927, 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 and no/100 ($10.00)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 Highway,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 in 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 or associated with said property,except as required to sustain the integrity of the Public Highway , ^"Zse.5" ( Ronald J. Oestreich 7 AM 6 -Po/'F Date STATE OF COLORADO ) Et-P115o ) ss. COUNTY OF - ) The foregoing instrument was acknowledged before me this i day of Auwu ST 2014, by Ronald J. Oestreich Witness my hand and official seal. Kr:Pu, is My commission expires: 0 .A-319-0/3- PATRICIA TIGNER NOTARY PUBLIC Page 1 of 2 pages STATE OF COLORADO MY 00MMISSI0N EXPIRES 7/23/2015 4041207 Pages: 1 of 4 08/26/2014 03:37 PM R Fee:$0.00 -ROcY7 Yea 8z3/ Steve Moreno, Clerk and Recorder, Weld County, CO ��MUM AVi J' 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). 12 Dated this /91 day of '4ya s71 , 2014 ATTEST se SC •-fd4;€1 � COUNTY OF WELD, A BODY CLERK TO THE BOARD OF `�Ea La ORPORATE AND POLITIC OF THE COUNTY COMMISSIONER i .la• �' ATE OF COLORADO earn THE COUNTY OF WELD eat �f 1661 t%:��` IFill U St BY: /��_ I BY: - Deputy Cler o the Board Douglas demac� her, hair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AUG 18 2014 . STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this/& day of , 2014, by Douglas Rademacher, Chair, Board of County Commissioners of the Cou y of Weld. Witness my hand and official seal. RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO Public NOTARY ID 20144002878 ar MY COMMISSION EXPIRES JANUARY 22,2018 My commission expires: i n t ,Zz, 20i 8 Page 2 of 2 pages 4041207 Pages: 2 of 4 08/26/2014 03:37 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■TWIN?aliti �r�iiNIM'iiiii I 1px rl� t L N B li p ow V-- / 4// • EXHIBIT-A SW 1/4 S12-T5N-R651A/ PRO PERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 12, 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. 2851102 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING SOUTH 89'48'28" WEST A DISTANCE OF 2683.97 FEET TO THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'28" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 146.90 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE OF 18th STREET AND BEING THE POINT OF BEGINNING THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'48'28" WEST A DISTANCE OF 58.06 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 234.21 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'45'32" AND WHOSE CHORD BEARS NORTH 42'33'49" WEST A DISTANCE OF 234.16 FEET; THENCE NORTH 40'41'03" WEST A DISTANCE OF 171.88 FEET; THENCE NORTH 48'30'03" EAST A DISTANCE OF 3.49 FEET TO A POINT ON SAID EXISTING RIGHT-OF-WAY LINE AND BEING A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 112.92 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1468.39 FEET, CENTRAL ANGLE IS 04'24'22" AND WHOSE CHORD BEARS SOUTH 43'51'22" EAST A DISTANCE OF 112.89 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 41'39'11" EAST A DISTANCE OF 170.30 FEET TO A NON TANGENT CURVE TO THE LEFT; THENCE 166.76 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 375.06 FEET, CENTRAL ANGLE IS 2528'31" AND WHOSE CHORD BEARS SOUTH 54'23'59" EAST A DISTANCE OF 165.39 FEET TO THE POINT OF BEGINNING a SBA Na SAID PARCEL CONTAINS 5,168.43 sf. OR 0.12 ac. MORE OR LESS. . " 3e THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RtRI I Qf1 'AY AGENT AND SURVEYOR Z;:2-4IN AND FOR WELD COUNTY, COLORADO. \\ 0 R w• °co ` pN `a" F N n3N LEON W. SIEVERS 23520�� •; aA PLS 23520 " a (141 mm ram WELD COUNTY DEPARTMENT RIGHT OF WAY 1861 ACQUISITION OF PUBLIC WORKS i WCR 49 EXTENSION �" I ��, �� PROJECT OESTREICH :1I-__ PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO , G O U N_T Y DATE: 3.10-14 DRAWN BY: J11B SHEET: 1 oft EXHIBIT-A SW 1/4 S12-T5N-R65W (EXISTING R.O.W. / NO`. 1 53 `/[\v. 18, 1872 HALL-IRWIN ��_ AGGREG. INC. XISTING R.O.W. LIBK-1232j RECP.#217975O `� . 8� �� MAY 16, 1989 SWIM cf> S12-T5N-1265W \ \ EXISTING R.O.W. BORYS BK-1256 RECP.#22O5381 tMToo,am-v�/r ' FEB. 14, 1990 �� eb rio RON OESTREICH BORYS �t/, RECP.#2851102 L3 CURVE TABLE C#LENGTH RADIUS DELTA CHD B DID C1 234.21' 3570.00'03'45'32"N42'33'49"W 234.16' c2 BORYS LOT 9/CORR.flE-JL', C2 112.92' 1468.39'04'24'22" S43'51'22"E 112.89' (,- RECIP.,31901133 C3 166.76' 375.06'25'28'31" 554'23'59"E 165.39' t'A RIGHT—OF—WAY ACQUIRED 5,168.43 sf. OR 0.12 ac.± c} P.O.B. ' 49 589'48'28"W 2683.97' 146.90' WCR. BASIS OF BEARINGS Ia 1 __ se 1 LINE TABLE P.O.C. S 1/4 COR \ SW COR LINE BEARING DISTANCE S12-T5N-R65W \ S12-75N-R65W Lt S89'48'28"W 58.06' FND 2J4" ALUM. C FND 2J¢" ALUM. CAP L2 N4O'41'O3"W 171.88' STAMPED\\�jQWBW$I L . STAMPED POWERS ELEV. L3 N48'3O'O3"E 3.49' LS#95, \Q,p,00 R G �i// LS#25385 L4 S41'39'11"E 170.30' \.``� \:• •• WELD COUNT % .• 3?O-/ y I a NOTE: THIS EXHIBIT MAP DOES NOT INVESTMENT GROUP ;,/�-u7••••1. ��`� SURVEYREPRESENT A OR LANDNUMENTED SURVEY PLAT.O /TIP OA 65W ` 3 IT IS INTENDED TO ILLUSTRATE THE i ATTACHED PROPERTY DESCRIPTION ' ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION X86' OF PUBLIC WORKS 1 ,l _ L WCR 49 EXTENSION / � � PROJECT OESTREICH � g L. ' PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO N Yl DATE: 3-10-14 DRAWN BY: JHB SHEET: 2 of2 4041207 Pages: 4 of 4 08/26/2014 03:37 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii r1liftINi w 1v',Ei riii:NRI C;ICIMINItil iI 11111 Hello