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Home My WebLink About20141921.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 EXTENSION (WELD COUNTY PARKWAY) AND AUTHORIZE CHAIR TO SIGN - HALL IRWIN AGGREGATES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 Extension (Weld County Parkway), 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 Hall Irwin Aggregates, LLC, 301 Centennial Drive, Milliken, Colorado 80543, commencing upon execution of signature, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to County Road 49 Extension (Weld County Parkway), 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 Hall Irwin Aggregates, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC: PW(Fc, L5) - 7- 1'i 2014-1921 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT- HALL IRWIN AGGREGATES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS jWEELD COUNTY, COLORADO di tty �4 l )p, � cricivr C/ �uglas demacher, hair Weld County Clerk to the Board Elsa ' -rbara Kirkmeyer, ro-Tem BY: D, .Ity Clerk to the B. ,tsst ( 0 ean P. Conway C • APP DA ORM: ��,� / �,4 Mike Freeman hty Attorney EXCUSED William F. Garcia Date of signature: -1—) 7 2014-1921 EG0070 1$61 MEMORANDUM l: ri f1-1 j' TO: Clerk to the Board DATE: June 20, 2014 _COUNTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: ROW/TE, WCR 49 Ext. Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for the WCR 49 Extension Project with Hall Irwin Aggregates, LLC. Enclosures M.\Fmncie AGENDA memosAgende-LeoaA.doc 2014-1921 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 EXTENSION, BETWEEN HALL IRWIN AGGREGATES, LLC AND WELD COUNTY,COLORADO THIS AGREEMENT is made this /rday of !/gyp X2014, by and between Hall- Irwin Aggregates, LLC., whose address is 301 Centennial Drive, Milliken, Colorado 80543, 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 39 Extension, 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 an access road, 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 Six Thousand Twenty Six and no/100 Dollars, ($6,026.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred Thirty Page 1 of S C:\Users\pziemke\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4897\Hall Irwin Agreement ACCEPTED 6-13-14.doc 4035680 Pages: 1 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■Iil �1l '3�. :I Fr 'lNih�6Wl�frF�4'S Ili'MIN a0/y-/gad Seven Dollars,($437.00).The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 The County shall enter into a separate agreement with Central Colorado Water Conservancy District ("Central") regarding its rights and protection of Central's interests in the Public Road Right of Way acquired hereunder. 4. Owner agrees to grant the Public Road Right-of-Way to County by bargain and sale deed (the "Deed of Dedication"), reserving to Owner all appurtenant mineral and water rights, free and clear of all liens and encumbrances, and subject to existing easements and other matters of record and the interests of Central referenced above. 5. Owner agrees to grant the Temporary Construction Easement to County without warranty, free and clear of all other possessory claims, but subject to existing easements and other matters of record. 6. This Temporary Construction Easement shall commence on July 1,2014, and shall expire and be of no further force or effect on July 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 or associated with the Public Right-of-Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right- of-Way to County at the date of closing which shall be no later than thirty(30)days following the 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 closing 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. Page 2 of S C:\Users\pziemke\AppData\Local\Microsoft\Windows\Temporary Internet Files\0LK4897\Hall Irwin Agreement ACCEPTED 6-13-14.doc 4035680 Pages: 2 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �'Ir��IL II III COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and/or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Deed of Dedication. 3. County shall pay Owner for the Public Road Right-of-Way and Temporary Construction Easement by County warrants at the date of closing. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit B to a level comparable to its original condition. 5. County has inspected the Temporary Construction Easement and is aware of its present condition and has determined that it is suitable for County's use and assumes all risks of using, possessing and/or occupying the Temporary Construction Easement. County agrees that Owner may not be liable for damages or injuries caused by the condition of the Temporary Construction Easement, and agrees that County shall be solely responsible for its own acts and omissions occurring on the Temporary Construction Easement, Nothing contained in this paragraph shall be construed as a waiver, in whole or in part, of the protection afforded the County under the Colorado Governmental Immunity Act,as the same may be amended from time to time. 6. County acknowledges that Owner's adjacent property is permitted for a gravel mine other commercial and/or industrial uses. County agrees that its Road Improvement Project will not unreasonably interfere with access to Owner's adjacent property during Owner's permitted hours of operation. MISCELLANEOUS: 1. The date of the transfers of the Public Right-of-Way and Temporary Easement shall be the date of the closing or the date of execution by Owner, whichever is earlier. 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 Page 3 of 5 C:\Users\pziemke\AppData\Local\Microsoft\Windows\Temporary Internet Files\0LK4897\Hall Irwin Agreement 4035680 Pages: 3 of 9 ACCEPTED 6-13-14.doc 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell NPAITILMilini lIkiLliihr,K hillik:.tiF liIII • Construction Easement made pursuant to the terms herein,shall be binding upon,all and inure to the benefit of and be enforceable by the parties and their heirs,executors, administrators, successors, and assigns. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein,and except as set forth in the Restated Road Maintenance Agreement for USR 1435,and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. HALL IRWIN AGGREGATES, LLC. C'-1- C^'c t Gene Wagner u Title: President 4035680 Pages: 4 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 Miti,i+I :AEliiiiwau 'MM Iiiiiliiii Page 4 of 5 C:\Users\pziemke\AppData\Local\Microsoft\Windows\Temporary Internet Files\0LK4897\Hall Irwin Agreement ACCEPTED 6-13-14.doc L BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO.. ATTEST: �- oa • .tL W,de/UN p; /I.dglas •ademacher, Chair JUN 2 5 2014 Weld County Clerk to the Board 1g61 By: /fib `+^-' a""c‘a eputy Clerk to the Board 4035680 Pages: 5 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO viii 1IPSKILVIRlKIMMIP 11111 Page 5 of 5 C:\Users\pziemke\AppData\Local\Microsoft\Windows\Temporary Internet Files\0LK4897\Hall Irwin Agreement ACCEPTED 6-13-14.doc 070 /51- /9a/ EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF 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. 3709743 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF 18th STREET WHICH BEARS NORTH 48'58'05" WEST A DISTANCE OF 719.08 FEET FROM 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 EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 00'20'20" WEST A DISTANCE OF 2628.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. NORTH 41'29'57" WEST A DISTANCE OF 28.29 FEET; 2. THENCE NORTH 0922'27" WEST A DISTANCE OF 50.77 FEET; 3. THENCE NORTH 41'29'57" WEST A DISTANCE OF 102.17 FEET TO A POINT OF CURVE TO THE LEFT; 4. THENCE 624.42 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1046.45 FEET, CENTRAL ANGLE IS 3411'19" AND WHOSE CHORD BEARS NORTH 58'35'37" WEST A DISTANCE OF 615.20 FEET; 5. THENCE NORTH 75'41'17" WEST A DISTANCE OF 192.56 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12; THENCE NORTH 00'23'39" WEST ALONG SAID WEST LINE A DISTANCE OF 49.70 FEET; THENCE SOUTH 75'40'49" EAST A DISTANCE OF 214.97 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 708.70 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1160.00 FEET, CENTRAL ANGLE IS 35'00'18" AND WHOSE CHORD BEARS SOUTH 58'70'40" EAST A DISTANCE OF 697.73 FEET; THENCE SOUTH 40'40'31" EAST A DISTANCE OF 115.27 FEET TO ,4, POINT ON THE SOUTHERLY LINE OF SAID PARCEL AND BEING THE NORTHERLY LINE OF CORRECTED SUBDIVISION EXEMPTION NO. 1004 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190932; THENCE SOUTH 50'34'33" WEST ALONG SAID LINE TO A POINT ON THE EXISTING NORTHERLY RIGHT—OF—WAY LINE OF 18st STREET A DISTANCE OF 90.06 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 56,938.33 sf. OR 1.31 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 23520 4035680 Pages: 6 of 9 08/04/2014 02:00 P11 R e .00 Steve Moreno, Clerk and Recorder, Weld County, CO to P4r1�Uh}U.IV(�GY�If�'itr1/4149�R4�KJ I� �'UM "Ill RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION l86' OF PUBLIC WORKS ,J r U. _ WCR 49 EXTENSION PROJECT HALL-IRWIN �/ ��/ PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO 2 COUNTY DATE: 3-11-14 DRAWN BY: 1HB SHEET: 1 oft • EXHIBIT-A SW 1/4 S12—T5N—R65W cAi / C 1/4 COR S12—T5N—R65W QL FND 3Ya" ALUM. CAP SW I.%4 STAMPED KING SURV. . i 512-T5N-R65W JONES LS#22098 >- / U AGGREGATES INC. S v LINE TABLE Q HALL-IRWIN LINE BEARING DISTANCE L1 N41'29'57"W 28.29' RECP.#3709743 L2 N09'22'27"W 50.77' L3 N41'29'57"W 102.17' L4 N75'41'17"W 192.56' rn N —\ L5 N00'23'39"W 49.70' N z \ L6 575'40'49"E 214.97' N & TE \ L7 540'40'31"E 115.27' 'W RIGHT-OF-WAY L8 S50'34'33"W 90.06' 3 m ACQUIRED o \ 56,938.33 sf. N ----- OR 1.31 ac.± N�� o ¢ �� o z 1 ` 8�6 EXISTING R.O.W. \\N RD.BK.1/PG.153 N `N. NOV. 18, 1872 z0 BK-1232 f •\ \\ BORYS „_� RECP.#2179750 p MAY 16, 1989 \ U eg .." BORYS CURVE TABLE C# LENGTH RADIUS DELTA CHD B CHD P.O.B. • <it,Cl 624.42' 1046.45' 34'11'19" N58'35'37"W 615.20' C2 708.70' 1160.00' 35'00'18" 558'10'40"E 697.73' .. \V OESTREICI-1 BORYS ik l NOTE: THIS EXHIBIT MAP DOES NOT �' Res p REPRESENT A MONUMENTED LAND <5.)0 e , 'C SURVEY OR LAND SURVEY PLAT. e OS4 O IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. s 1/4 COR S12-T5N-R65W FND 2X" ALUM. CAP STAMPED POWERS ELV. LS#9585 RIGHT OF WAY WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION W WCR 49 EXTENSION PROJECT HALL-IRWIN t �1 L I �� PROJECT N0: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO ii COUNTY 4035680 Pages: 7 of 9 DATE: 3-11-14 DRAWN BY: JHB SHEET: 2of2 08/04/2014 02:00 PM R Fee:$0,00 Steve Moreno, Clerk and Recorder, Weld County, CO lIIIIl�WIP��Gf�'�li�,l il}itl.11iraDLIM d III III EXHIBIT-B SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF 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. 3709743 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SX)MMENCING AT A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF 18th STREET WHICH BEARS NORTH 48'58'05" WEST A DISTANCE OF 719.08 FEET FROM 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 EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 00'20'20" WEST A DISTANCE OF 2628.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 50'34'33" EAST A DISTANCE OF 90.06 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL AND BEING THE NORTHERLY LINE OF CORRECTED SUBDIVISION EXEMPTION NO. 1004 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190932; THENCE NORTH 40'40'31" WEST A DISTANCE OF 115.27 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 708.70 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1160.00 FEET, CENTRAL ANGLE IS 35'00'18" AND WHOSE CHORD BEARS NORTH 58'10'40" WEST A DISTANCE OF 697.73 FEET; THENCE NORTH 75'40'49" WEST A DISTANCE OF 214.97 FEET TO A POINT ON THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12; THENCE NORTH 00'23'39" WEST ALONG SAID WEST UNE A DISTANCE OF 89.05 FEET; THENCE NORTH 89'36'21" EAST A DISTANCE OF 55.72 FEET; THENCE SOUTH 25'43'59" EAST A DISTANCE OF 85.34 FEET; THENCE SOUTH 66'21'29" EAST A DISTANCE OF 92.62 FEET; THENCE SOUTH 75'44'44" EAST A DISTANCE OF 37.38 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 431.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1180.00 FEET, CENTRAL ANGLE IS 20'58'16" AND WHOSE CHORD BEARS SOUTH 6511'41" EAST A DISTANCE OF 429.49 FEET; THENCE SOUTH 63'22'15" EAST A DISTANCE OF 166.00 FEET; THENCE SOUTH 54'42'32" EAST A DISTANCE OF 87.31 FEET; THENCE SOUTH 40'40'31" EAST A DISTANCE OF 165.10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL AND BEING THE NORTHERLY LINE OF CORRECTED SUBDIVISION EXEMPTION NO. 1004; THENCE ALONG SAID UNE SOUTH 50'34'33" WEST A DISTANCE OF 70.02 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 42,038.83 sf. OR 0.96 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 23520 WELD COUNTY DEPARTMENT TEMPORARY "� 1861 OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION PROJECT HALL-IRWIN T !c I ' / PROJECT N0: SRP-23 SCALE: WELD COUNTY,COLORADO '16 COUNTY 4035680 Pages: 8 of 9 DATE: 3-11-14 DRAWN BY: JHB SHEET: 1 of 2 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO Ell IMOlLrh+h4Y44N+1'f W+LSS%lIiwl h0Ye11.1 Y4rh 11111 EXHIBIT-B SW 1/4 S12-T5N-R65W C 1/4 COR -40,S12-T5N-R65W SW/74FND 3Y4" ALUM. CAP Sl2-T5\'-R65W STAMPED KING SURV. JONES LS#22O98 m o HALL-IRWIN o a LINE TABLE LAJ m AGGREGATES INC. LINE BEARING DISTANCE U 0 RECP.#37O9743 L1 N40'40'31"W 115.27' L2 N75'4O'49W 214.97' cn vl L3 NOO'23'39"W 89.05' TEMPORARY �� m EASEMENT L4 N89'36'21"E 55.72' co 0 ACQUIRED L5 S25'43'59"E 85.34' N',� , ;, ,.. 42,038.83 sf. L6 566'21'29"E 92.62' �a --',7' ' < OR 0.96 ac.t L7 S75'44'44"E 37.38' m L8 563'22'15"E 166.00' o�,o \� L9 554'42'32"E 87.31' N C L10 S40'40'31"E 165.10' 'w l'm ��' �R O 2 L11 S50'34'33"W 70.02' o m \ Z, 18tIjS\ °' EXIS: .:- NO \ / ` RD.BK.1/PG.153 NOV. 18, 1872 \ • BK-1232 � N. x '` BORYS RECP.#2179750 2 MAY 16, 1989 `\ CJ N50'34133" �Nv EV \90.06' BORYS CURVE TABLE P.O.B. C#LENGTH RADIUS DELTA CHD B CHD P.O.C. • ®,. C1 708.70' 1160.00' 35'OO'18" N58'10'40"W 697.73' C2 431.90' 1180.00' 2O'58'16" 565'11'41"E 429.49' \_ NZ \ \ OESTREICH BORYS LI- NOTE: THIS EXHIBIT MAP DOES NOT \ . )A63, , p REPRESENT A MONUMENTED LAND�s O 6 'C SURVEY OR LAND SURVEY PLAT. •OB `S11.• O IT IS INTENDED TO ILLUSTRATE THE i c4ATTACHED PROPERTY DESCRIPTION ONLY. S 1/4 COR S12-T5N-R65W FND 2i " ALUM CAP STAMPED POWERS ELV. LS#9585 TEMPORARY 1861 WELD COUNTY DEPARTMENT EASEMENT _ OF PUBLIC WORKS r ! ! WCR 49 EXTENSION " - ' PROJECT HALL-IRWIN it . V� I� �'�� PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO 4= G)LI N T Y -- _ 4035680 Pages: 9 of 9 DATE: 3-11-14 DRAWN BY: JHB SHEET: 2of2 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIIMPARuMiliVIIMAH,KII:R'.IINLUIM411IIII ""4,`-86 MEMORANDUM , ,, ,YI ,rZ �' J � ' -- IJj1 r; ' i TO: Clerk to the Board DATE: July 25, 2014 6 FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Doc#2014-1921 Deed of Dedication for Public Road Right-of-Way with Hall-Irwin Aggregates, LLC, a Colorado Corporation, for the WCR 49 Extension Project. Enclosures M.\Renci°AGENDA menostkgenda-Leon.doc ealatint Q CRO/q . /921 7-3o-2a pi C4 czno DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED,made this Nita-ay ofc?Gty,2014,between HALL-IRWIN AGGREGATES, LLC. a Colorado Corporation, "Grantor" whose legal address is 301 Centennial Drive, Milliken, Colorado 80543, 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 Six Thousand Four Hundred Sixty Three Dollars ($6,463.00) the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby bargain, sell, dedicate and convey unto Grantee for use as a Public Road Right-of-Way,free and clear of all liens and encumbrances, 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" SUBJECT TO matters of record, and RESERVING unto Grantors the mineral estate appurtenant to said property,including oil,gas and any and all water rights currently appurtenant to, attached to or associated with said property, except as required to sustain the integrity of the Public Highway. HALL IRWIN AGGREGATES, LLC. By: Title:2R r 1p.a. jc- UU STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The egomg In,stpument was acknowled before me is /7 day of -A` 2014, by Weir 4r as of Hall Irwin Aggregates, LL Owners. Witness my hand and official seal. "2)1 O�. �.. —,rl crsvf Notary Public My commission expires: --5 -4 6 NOTAR), :z 4035183 Pages: 1 of 4 °'A''•PUBLIC r Page 1 of2 9 ''•.. 08/001/201/20 14 10:43 AM R Fee:g0.00 nporaryente Ip1/4O•,K I Irwin Deed of Dedication Steve Moreno, Clerk and Recorder, Weld County. CO r COL ACCEPTED 6-13-14.doc �IIIIYl�1��LKi '�I�h'Ifi�lilHOUMAlititih Mk BINT "O/11-119c2/ 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 30 —day of \Tat , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LA. cpQ vrin.�y^ C.1 e,L , Cd XS;� DouglaiRademacher, Chair �jduW/ G La JUL 3 0 2014 Weld County Clerk to the Board a s By: ''�° 1 Deputy Cle �to the Board '' ( • �� STATE OF COLORADO ) �`�`L ) ss. COUNTY OF WELD ) 44 The foregoing instrument was acknowledged before me this 35 day of July 2014, by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notary Pitbli c' My commission expires: a - Z 2 - 2O l7 SUSAN BROYYII NOTARYPUpUC STATE OF COLORMIO NOTARY ID 20134010701 MY COMMISSION EXPIRES FEBRMRY 22,2117 4035183 Pages: 2 of 4 08/01/2014 10:43 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII frlAr:l4�11+ ' LwilrNdRMIXKII.Iy lIIII Page 2 of 2 C:\Users\pziemke\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK4897\Hall Irwin Deed of Dedication ACCEPTED 6-13-I4.doc a v-/907/ EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF 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. 3709743 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY UNE OF 18th STREET WHICH BEARS NORTH 48'58'05" WEST A DISTANCE OF 719.08 FEET FROM 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 EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 00'20'20" WEST A DISTANCE OF 2628.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. NORTH 41'29'57" WEST A DISTANCE OF 28.29 FEET; 2. THENCE NORTH 09'22'27" WEST A DISTANCE OF 50.77 FEET; 3. THENCE NORTH 41'29'57" WEST A DISTANCE OF 102.17 FEET TO A POINT OF CURVE TO THE LEFT; 4. THENCE 624.42 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1046.45 FEET, CENTRAL ANGLE IS 34'11'19" AND WHOSE CHORD BEARS NORTH 58'35'37" WEST A DISTANCE OF 615.20 FEET; 5. THENCE NORTH 75'41'17" WEST A DISTANCE OF 192.56 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12; THENCE NORTH 00'23'39" WEST ALONG SAID WEST LINE A DISTANCE OF 49.70 FEET; THENCE SOUTH 75'40'49" EAST A DISTANCE OF 214.97 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 708.70 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1160.00 FEET, CENTRAL ANGLE IS 35'00'18" AND WHOSE CHORD BEARS SOUTH 58'10'40" EAST A DISTANCE OF 697.73 FEET; THENCE SOUTH 40'40'31" EAST A DISTANCE OF 115.27 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL AND BEING THE NORTHERLY LINE OF CORRECTED SUBDIVISION EXEMPTION NO. 1004 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190932; THENCE SOUTH 50'34'33" WEST ALONG SAID LINE TO A POINT ON THE EXISTING NORTHERLY RIGHT—OF—WAY LINE OF 18st STREET A DISTANCE OF 90.06 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 56,938.33 sf. OR 1.31 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 23520 4035183 Pages: 3 of 4 08/01/2014 10:43 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liilralit,WdIinlifR IAN IraMfiN&MGY4i 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT 1$61 OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT HALL-IRWIN !'- I PROJECT N0: SRP-23 SCALE: WELD COUNTY,COLORADO .,G O LJ T Y DATE: 3-11-14 DRAWN BY: JFB SHEET: 1 oft EXHIBIT-A SW 1/4 S12-T5N-R65W usi / C 1/4 COR S12-T5N-R65W QL FND 3Y4" ALUM. CAP SW/'4 STAMPED KING SURV. ,S/2-ISN'-R65W JONES LS#22098 5 :i LINE TABLE C HALL-IRWIN LINE BEARING DISTANCE u AGGREGATES INC. a N41 2x'57"w 28.29' L2 N09'22'27"W 50.77' RECP.#3709743 L3 N41'29'57"W 102.17' L4 N75'41'17"W 192.56' m -\ L5 NO0'23'39"W 49.70' N z TE \ L6 575'40'49"E 214.97' n o: `a \ L7 S40'40'31"E 115.27' 'a w RIGHT-OF-WAY L8 S50'34'33"W 90.06' 3 m ACQUIRED 56,938.33 sf. 0 \ 1 OR 1.31 ac.± 'olio �� o a m z N. IBt-iris cni -1' EXISTING R.O.W. \\\ / RD.BK.1/PG.153 'N. NOV. 18, 1872 J BK-1232 'P •\ TF \� BORYS RECP.#2179750 . C MAY 16, 1989 ' U \ e-' BORYS �� CURVE TABLE C# LENGTH RADIUS DELTA CHD B CHD P.O.B. • R, C1 624.42' 1046.45' 34'11'19" N58'35'37"W 615.20' C2[708.70' 1160.00' 35'00'18" 558'10'40"E 697.73' \e \ OESTREICH BORYS ca. NOTE: THIS EXHIBIT MAP DOES NOT FRB• 6 REPRESENT A MONUMENTED LAND Vd• < SURVEY OR LAND SURVEY PLAT. \ -.0e S'' O IT IS INTENDED TO ILLUSTRATE THE `. ATTACHED PROPERTY DESCRIPTION \ ONLY. S 1/4 COR S12-T5N-R65W FND 2J4" ALUM. CAP STAMPED POWERS ELV. LS#9585 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS 1I, I r, ! _ IL WCR 49 EXTENSION LfF, r _ PROJECT HALL-IRWIN ' T I' PROJECT NO: SRP-23 SCALE: 1"=200WELD COUNTY.COLORADO ' 2 G o U N T Y 4035183 Pages: 4 of 4 DATE: 3-11-14 DRAWN BY: JHB SHEET: 2of2 08/01/2014 10:43 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell Millirhll,idIf11'Wh eklieG ilallhaMidivi II II Hello