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Home My WebLink About20141174.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 - CENTENNIAL AG SUPPLY COMPANY 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 Centennial Ag Supply Company, P.O. Box 557, Kersey, Colorado 80644, 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 Centennial Ag Supply Company, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. I PuJ(fc L-S.) FC, s jai) H its 41. 2014-1174 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT—CENTENNIAL AG SUPPLY COMPANY 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: dietha) C��L k�r gc4C.3)`" '� ouglalRadeer, Chair Weld County Clerk to the Board rg 7\Q l�L h /' e d - A, it �L_ ft Kirkmeyer, Pro-Tem I BY. De ty Clerk to the Boa- ) .i ., : an P. Conway 1 AP ED AS M: ® , wilt . ' r _ r Mike Fr ema County Attorney 7/7 liam F. Ga Date of signature: [ /i/ 2014-1174 EG0070 YaN _$ " MEMORANDUM 1iYII,, � t �,, "I' TO: Clerk to the Board DATE: April 10, 2014 _Co P__14.1" N 7 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 Centennial Ag Supply Co. One original agreement is attached. MdFrancieAAGENDA memodAAgenda-Leon-3.doc 2014-1174 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN CENTENNIAL AG SUPPLY CO.AND WELD COUNTY,COLORADO `�‘-- < THIS AGREEMENT is made this -p day of Alft-1' 2014, by and between Centennial Ag Supply Co., whose address is P.O. Box 557, Kerey, Colorado 80644, 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,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 One Hundred and no/100 Dollars, ($7,100.00). 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 4010171 Pages: 1 of 11 I 04/18/2014 01:03 PM R Fee:$0.00 6119/1H/14 101 '//1-`y Steve Moreno. Clerk and Recorder, Weld County, CO 'l-tl VIIIM1�1R9TiY�;: Rtih+la+'G�'�1F, 1Khtli4 11.E+1gl i, 11111 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 Six Hundred,Ninety Six and no/100 Dollars,($696.00).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 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 4010171 Pages: 2 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO VIII Mic1R,lii II il'tfr,I:NlI milli lima lig II III 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 Thirteen Thousand, Two Hundred, Ninety Seven and no/100 Dollars, ($13,297.00) 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. 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. 7. 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 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 Agmt for Purchase of ROW and Temp Easement-Possession Following Transfer Page 3 4010171 Pages: 3 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��KARI' Bill 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. IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. dJ/. Centennial Ag Supply Coe Agmt for Purchase of ROW and Temp Easement-Possession Following Transfer Page 4 4010171 Pages: 4 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County] CO iii F4��r 1r�l�Ilf�Y�i�'Ytr�l f'Ll,i�� +th2tll I�I�Y�} 11111 • By rr..Qt" Title. tes Klein—anger/President BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO f} ATTEST: J ade4;oe Doug s Rademabher, Chair Weld County Clerk to the Board � La APR 1 4 2014 S GUtU 'emd ► Clerk to the Board 1101t - De4rnty , 40. Agmt for Purchase of ROW and Temp Easement-Possession Following Transfer Page 5 4010171 Pages: 5 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO fJ/�/ //'/ Ell M��1r�z ,� �,�i�ri«�h4jl��lhE�dltrl� C� 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. 2242258 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST 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 NORTHWEST ONE-QUARTER AS BEARING SOUTH 00'26'32" EAST A DISTANCE OF 2634.11 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'10'42" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER A DISTANCE OF 99.81 FEET; THENCE SOUTH 00'49'18" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 8910'42" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 111.53 FEET; THENCE DEPARTING SAID LINE SOUTH 61'55'51" WEST A DISTANCE OF 110.79 FEET; THENCE SOUTH 23'01'18" WEST A DISTANCE OF 108.93 FEET; THENCE SOUTH 00'26'32" EAST TO A POINT ON THE NORTHERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2457087 A DISTANCE OF 472.05 FEET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'10'42" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 40.00 FEET; THENCE NORTH 0026'32" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 272.56 FEET; a THENCE NORTH 89'33'02" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.00 FEET; -- �� THENCE NORTH 0026'32" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 300.00 FEET; THENCE NORTH 4422'47" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 70.93 FEET TO THE 03r_ POINT OF BEGINNING. _49 t: v o vTr SAID PARCEL CONTAINS 23,498.40 sf. OR 0.54 ac. MORE OR LESS. 113 Wiz� THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY r4\GEN'f_'Ah00� RVEYOR m as IN AND FOR WELD COUNTY, COLORADO. \" ' r G01 a to a- I C3'1.,� !�aCo V 9'; m cc. = 23520 •+m"� LEON W. SIEVERS - ��_� PLS 23520 �.;./' t7-t. , .-: m v v,Y� • a�� rv41 LAW 31...v` vo' RIGHT OF WAY 6 WELD COUNTY DEPARTMENT 18 OF PUBLIC WORKS ACQUISITION RW_2 WCR 49 EXTENSION PROJECT CENTENNIAL AGSUPPLY CO. G O Li Nr-T PROJECTNO: SRP-23 SCALE: WELD COUNTY,COLORADO DATE: 1-17-14 DRAWN BY: SHEET: lof 2 EXHIBIT-A NW 1/4 519-T5N-R64W EXISTING R.O.W. (COOT) NE COR I EXISTING R.O.W. (COOT) BK-1305/RECP.#2257398 524-T5N-R65W BK-1395/RECP.#2344083 JUL. 25, 1991 FND 3 1/4" A.C. FEB. 8, 1993 STMP.CDOT LS{e17508 — 1992 IN MON. BOX 1 U.S. HWY 34 P.Q.B. o �I + N89'57'25"E 2701.51' L1 N89'1O'42"— - V E 2517.57' �-' 6\1- Pr - - L2 L3 — L11 L4 S 1/4 COR S18-75N-R64W N 1/4 COR 10 L5 FND 3 1/4" A.C. 524-T5N-R65W EXISTING R.O.W. (CDOT) STMP.CDOT LSg17508 FND 3 1/4" A.C. EXISTING R.O.W. (COOT) I BK-1308/RECP.#2260780 2260780 1992 IN MON. BOX 1992INN. BOX X08 BK-1308 RECP. 2260781 \ / # 1992 STMP.CDOT MON. / AUG. 26, 1991 AUG. 26. 1991 i o ' I m RIGHT—OF—WAY ACQUIRED L9 23,498.40 sf. OR 0.54 CC. li EAT) JUANITA L. NIcCAULEY CENTENNIAL AG p SUPPLY CO. ' REC#2242258 IN m'm LINE TABLE \/ \51'-1 I>h. R LINE BEARING DISTANCE 524-1.5\-1261W im �i L1 N89'10'42"E 99.81' I0' - 519-T5 \-R -10 _ L2 S00'49'18"E 30.00' mho 879-T6:Y-.t51>ry _ m L3 N89'10'42"E 111.53' : MI L4 561'55'51"W 110.79' m ".. rn L5 523'01'18"W 108.93' MINI L6 SO0'26'32"E 472.05' I ''' �q a KLEINp OMII ' ' I I .)AM s KLN & � L7 589'10'42"W 40.00' r-4 L8 NOO'26'32"W 272.56' I I I BETSY KLEIN �.--. L9 N89'33'02"E 20.00' L10 N00'26'32"W 300.00' I I I �,,;II, a 0' ,,-1�,;;., t'I om51 L11 N44'22147"E 70.93' 6 EXISTING R.O.W. ��'• `. O F n ij a xS� RD.BK-2/PG-318 �-,,,,,,'•)4.... „'"‘ /i• ' •-•V,j i I�APR. 6, 1880 .: C la vi .2'•'S7,� c .r 5D; LL6r NOTE: THIS EXHIBIT MAP DOES NOT - �� r��'' REPRESENT A MONUMENTED LAND I 2352p SURVEY OR LAND SURVEY PLAT. I I I E 1/4 COR - '. 0 i z- °� S24-T5N-1265W -' CJ'. 1 i'� 7 :-..- win IT IS INTENDED TO ILLUSTRATE THE I %.^?•. �Y. \� FND 2 1/2" A.C. ,n.,•. ATTACHED PROPERTY DESCRIPTION STAMPED PLS 9644 -, n., •. . aal mm m ONLY. 2001 IN MON. BOX "2,'%Vgr LP, SO vvv y FL olt [�v NN£`I o v WELD COUNTY DEPARTMENT _ RIGHT OF WAY ao�� ACQUISITION '' 1S61 '� OF PUBLIC WORKS EW) WCR 49 EXTENSION PROJECT CENTENNIAL AG SUPPLY CO. N T PROJECT NO: SRP-23 SCALE:I"=200' WELD COUNTY,COLORADO I G 0 U_�Y DATE: 1-17-14 DRAWN BY: DRH SHEET: 2 oft WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-2 (Exhibit-A) STA. 20+05.45 Rt. to STA. 26+28.87 Rt. (WCR 49) STA. 620+99.92 Rt. to STA. 622+11.45 Rt. (OFF U.S. Hwy 34) FROM Centennial Ag c/o James Klien P.O. Box 557 Kersey, CO 80644 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4010171 Pages: 8 of 11 04/18/2014 01:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO �iii��:+fiw;�r��, nfilePLICIA�uM��+,ti�� 11111 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. 2242258 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST 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 NORTHWEST ONE-QUARTER AS BEARING SOUTH 00'26'32" EAST A DISTANCE OF 2634.11 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 8910'42" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER A DISTANCE OF 211.33 FEET; THENCE SOUTH 00'49'18" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'10'42" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 21.84 FEET; THENCE DEPARTING SAID LINE SOUTH 61'55'51" WEST A DISTANCE OF 126.67 FEET; THENCE SOUTH 23'01'18" WEST A DISTANCE OF 103.32 FEET; THENCE SOUTH 00'26'32" EAST TO A POINT ON THE NORTHERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2457087 A DISTANCE OF 469.91 FEET; THENCE SOUTH 89'10'42" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET; THENCE NORTH 00'26'32" WEST A DISTANCE OF 472.05 FEET; THENCE NORTH 23'01'18" EAST A DISTANCE OF 108.93 FEET; THENCE NORTH 61'55'51" EAST A DISTANCE OF 110.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,958.58 sf. OR 0.16 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. 0, i . ` V\N:V`e., / 'VCS'! LEON W. SIEVERS / � �S?�? _ PLS 23520 23520 4010171 Pages: 9 of 11 L. " %.:3:°1— 1 -7-/ /.•' 04/18/2014 01:03 P11 R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO 4j 1Oi,,,' VIII IY��11�ZI Jhi�i,t��iF�,li�'liiM,lFh�krl�h�,til��h 11111 !A TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS TE-2 � WCR 49 EXTENSION PROJECT CENTENNIAL AG 111 • PROJECT NO: SRP-23 SCALE: SUPPLY CO. �� 1 � GOU-NI 'fY � WELD COUNTY,COLORADO I DATE: 1-17-14 DRAWN BY: DRI-IISHEET: loft V EXHIBIT-B NW 1/4 S19-T5N-R64W EXISTING R.O.W. (COOT) NE COR EXISTING R.O.W. (COOT) BK-1305/RECP.//2257398 S24-T5N-R65W BK-1395/RECP.#2344083 JUL. 25, 1991 FND 3 1/4" A.C. FEB. 8, 1993 - -- STMP.CDOT L. BOX 8 - 1992 IN MON. BOX _ I T N U.S. HWY 34 P.Q.B. o N89'5T25"E 2701.51' L1 N89'10'42"E 2517.57 P, - - - - - L2 - 3 - -- - n \ L10 { 1 [I1 4 S t/4 COR N- N 1/4 COR 1 IQ' L9 L5 FND 351J/4"6AC. 524-T5N-R65W EXISTING R.O.W. (COOT) STMP.CDOT LS/17508 FND 3 1/4" A.C. EXISTING R.O.W. (COOT) ' 1992 IN MON. BOX STMP.CDOT LS#17508 BK-1308/RECP.#2260780 1992 IN MON. BOX BK-1308/RECP.#226078 AUG. 26, 1991 AUG. 26, 1991 10' TEMPORARY EASEMENT ACQUIRED , —1 6,958.58 sf. OR 0.16 ac. TE-2 i Li I cc I I ' CENTENNIAL AG JUANITA L. MCCAULEY 40 SUPPLY CO. REC#2242258 : I I I N - N/ -SE I'4 NIS ' I L7 LINE TABLE S24-75N-R65 Im �Imil �C- LINE BEARING DISTANCE I0' - .�/z -h'W L'4 m S1Ga5 v-R64W 8 L1 N89'10'42"E 211.33' IWlzI - - L2 SOO'49'18"E 30.00' i„..„,m ° _c- L3 N89'10'42"E 21.84' rn c4,'�- L4 S61'55'51"W 126.67' o NI , _. L5 523'01'18"W 103.32' I Iii JAMES KLEIN & �m32 L6 SO0'26'32"E 469.91' I I m -_.-- 1/4- !Avy L7 S89'10'42"W 10.00' BETSY KLEIN 00D L8 N00'26'32"W 472.05' I I OIL g ni L9 N23'01'18"E 108.93' I I I , c � x;11 II' if ,� / N L10 N61'55'51'E 110.79' � 6I EXISTING R.O.W. \��\ P.C, _ c� I �RD.BK-2/PG-318 \�'S�„; T �i Na' , ,/ APR. 6, 1880net • /4(N/W% •-•Cto corc NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND I I I If 23520 - 0T— SURVEY OR LAND SURVEY PLAT. I I I E 1/4 COR =.. ••, ..m m S24—T5N—R65W U•• ) rrv`o ti IT IS INTENDED TO ILLUSTRATE THE '.`c^'., t��l� �co STD 2 1/2" A.C.amva ATTACHED PROPERTY DESCRIPTION STAMPED PLS 9644^:'Sr••..,,,,.• ".r�>_= ONLY. I}:/ 2001 IN MON. BOX � 'J r' ' �\ � mPI I TEMPORARY EASEMENT WELD COUNTY DEPARTMENT y? X861 OF PUBLIC WORKS ACQUISITION TE-2 1 �� WCR 49 EXTENSION PROJECT CENTENNIAL AG PROJECT NO: SRP-23 SCALE:1"=200' SUPPLY CO. GOUNTY WELD COUNTY,COLORADO l DATE: 1-17-14 DRAWN BY: DRH SHEET: 2 of 2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: TE-2 (Exhibit-B) STA. 20+05.45 Rt. to STA. 26+28.87 Rt. (WCR 49) FROM Centennial Ag c/o James Klien P.O. Box 557 Kersey, CO 80644 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4010171 Pages: 11 of 11 04/18/2014 01:03 PM • R Fee:$000 Steve Moreno.. Clerk and Recorder. Weld Count lilt �;wi:1+4�H�dl'' a�*M;6411,f 1&OkiBIIII i861 ��` v MEMORANDUM 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 #2014-1174 Deed of Dedication for Public Highway with the Centennial Ag Supply Co. CO"`A-0,-0-4-4r CC PAI 41-1-14- EGa0-7a DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 1(0 day of bc- v% I , 2014, between Centennial Ag Supply Co., "Grantor"whose legal address is P.O.Box 537,Kersey,Colorado 80644 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 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 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. CENTENNIAL AG SUPPLY CO. aG • es Kl in-President O'1-16 - 14 Date STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this lbil"'day of , 2014, by , Owner. Witness my hand and official seal. L Pi/c 44)'7 otary Public CIAMy commission expires: /f Deed of Dedication NOTAR:c PUBLIC Y Page I STATE OFOLORADO MY COMM S3iONRY 1D EIRES OCT 21,2017 4011170 Pages: 1 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 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 od day of .4/)r; I , 2014 BOARD OF COUNTY COMMISSIONERS t t� ��,,// WELD COUNTY, COLORADO ATTESTWA c _C/fo;,,e demacher, Chair Weld County Clerk to the Board 31st �� d APR 2 1 2014 BY. � IXQ� /r11-0/ De ty Clerk to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 21 day of 2014, by9 4 1,,,, , Chair, Board of County Commissioners of the County o Weld. Witness my hand and official seal. ubli My commission expires: SUSAN BROWN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010151 MY COMMISSION EXPIRES FEBRUARY 71,2011 Deed of Dedication Page 2 4011170 Pages: 2 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ��/�_ //77 lIIIM�PACIni�l '1�4a�'I.�FL��I�Rr�4C� MGk Rh 11111 • EXHIBIT-A NW 1/4 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. 2242258 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE NORTHWEST 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 NORTHWEST ONE-QUARTER AS BEARING SOUTH 00'26'32" EAST A DISTANCE OF 2634.11 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 8910'42" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER A DISTANCE OF 99.81 FEET; THENCE SOUTH 00'49'18" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'10'42" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 111.53 FEET; THENCE DEPARTING SAID LINE SOUTH 61'55'51" WEST A DISTANCE OF 110.79 FEET; THENCE SOUTH 23'01'18" WEST A DISTANCE OF 108.93 FEET; THENCE SOUTH 0026'32" EAST TO A POINT ON THE NORTHERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2457087 A DISTANCE OF 472.05 FEET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'10'42" WEST TO A POINT ON THE EASTERLY ��pm RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 40.00 FEET; eri THENCE NORTH 00'26'32" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 272.56 FEET; -s,-0100 mEGJ- ran THENCE NORTH 89'33'02" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.00 FEET; •- m THENCE NORTH 00'26'32" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 300.00 FEET; =mom THENCE NORTH 44'22'47" EAST ALONG SAID RIGHT—OF—WAY A DISTANCE OF 70.93 FEET TO THE g.▪ D30 POINT OF BEGINNING. �mpw o�l -m▪ g!' zm.. SAID PARCEL CONTAINS 23,498.40 sf. OR 0.54 ac. MORE OR LESS. r- mN x�. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY A��CroENh'ANO�ORam IN AND FOR WELD COUNTY, COLORADO. �� Pr.DD•R ', a„jtcOmrt 23520 m• LEON W. SIEVERS �. I '74 �\\ PLS 23520 �, f;;• - /' NqC LANDS .vv`v� WELD COUNTY DEPARTMENT RIGHT OF WAY ti OF PUBLIC WORKS ACQUISITION IW _J WCR 49 EXTENSION PROJECT CENTENNIAL AG SUPPLY CO. PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO DATE: 1-17-14 DRAWN BY: SHEET: loft • EXHIBIT-A NW 1/4 519-T5N-R64W EXISTING R.O.W. (COOT) NE COR I EXISTING R.O.W. (COOT) BK-1305/RECP.#2257398 524-T5N-R85W BK-1395/RECP.#2344083 JUL. 25, 1991 FND 3 1/4" A.C. FEB. 8, 1993 -1 STMP.CDOT LS1,17508 _ - 1992 IN MON. BOX U.S. HWY 34 - P.O.B. N89'57'25'E 2701.51' L1 N8910'42"E 2517.57' :O L2 L3 _ J r/ifL4 5 1/4 co: S18-T5N-R64W N 1/4 COR ,�O L5 FND 3 1/4' A.C. 524-T5N-R65W EXISTING R.O.W. (COOT) STMP.CDOT LS917508 FND 3 1/4" A.C. EXISTING R.O.W. (COOT) �� BK-1308/RECP.#2260780 1992 IN MON. BOX STAP.CDOT LSfBOX BK-1308/RECP. bOX08 1992 IN MON. 226078 AUG. 26, 1991 IN AUG. 26, 1991 o J `tea RIGHT—OF—WAY ACQUIRED L9 23,498.40 sf. OR 0.54 ac. lop ifs CENTENNIAL AG JUANITA L. McCAUI,EY I -' SUPPLY CO. REC#2242258 N` w1 LINE TABLE \1/2 - \L. 1:'4 INI�I L7 LINE BEARING DISTANCE 524-15\-R65 V 1 Iln - I_ / \'4C 1 4 L1 N89'10'421'699.81' I9 zl SI9-T5:A-R644Y L2 SOO'49'18"E 30.00' icon _ L3 N89'10'42"E 111.53' IDI�;, L4 561'55'51"W 110.79' p rn • L5 523'01'18"W 108.93' MINI L6 SO0'26'32"E 472.05' I 'jI i JAMES KLEIN & o L7 589.10'42"W 40.00' U I I BETSY KLEIN L8 NO0'26'32"W 272.56' L9 N89'33'02"E 20.00' I I I ;� L10 N00'26'32"W 300.00' ,11j I I 0'a L11 N44'22'47"E 70.93' h 6A h- EXISTING R.O.W. �%\\\ e,DO Rt a RD.BK-2/PG-318 'S' gyp;'.•S I�APR. 6, 1880 p1 W.Inacr ,�vat NOTE: THIS EXHIBIT MAP DOES NOT :c..,: 53 O0 0�-- REPRESENT A MONUMENTED LAND I II 23520 U.0 SURVEY OR LAND SURVEY PLAT. I I I E 1 4 COR �.• _ �re rc 524 T5N—R65w 1—j 7 �./ IT IS INTENDED TO ILLUSTRATE THE I =�,' '•. / ••�` FND 2 1/2' A.C. < n•. 01 a'c° ATTACHED PROPERTY DESCRIPTION STAMPED PL5 9644<,'P f•.,"„•,.�•�•.��'' WI ONLY. 2001 IN MON. Box , �� IA SU\\\\\ a IP�.mai /hllll1 9V—k Fe v0L y NN o ti WELD COUNTY DEPARTMENT �N�a RIGHT OF WAY i Ig61 OF PUBLIC WORKS I .....-i•-• - ACQUISITION CWT • \` WCR 49 EXTENSION PROJECT CENTENNIAL AG SUPPLY CO. T Y PROJECT NO: SRP-23 SCALE:1"=200' WELD COUNTY,COLORADO ,C U-�I-� I DATE: 1-17-14 DRAWN BY: DRH SHEET: 2 oft r • WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-2 (Exhibit-A) STA. 20+05.45 Rt. to STA. 26+28.87 Rt. (WCR 49) STA. 620+99.92 Rt. to STA. 622+11.45 Rt. (OFF U.S. Hwy 34) FROM Centennial Ag c/o James Klien P.O. Box 557 Kersey, CO 80644 FOR Project Code: 19890 Project Number: STMC 030-055 Location: WCR 49 @ U.S. HWY 34 4011170 Pages: 5 of 5 04/23/2014 10:56 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■��KIP :Pr l l 611.11{4PrlEICIL'{IYV VAL 111111 Hello