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Home My WebLink About20141376.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, AS PART OF THE COUNTY ROAD 49 EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN - MARK BARR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to 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 Mark Barr, 16247 County Road 50, LaSalle, Colorado 80645, 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 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 Mark Barr, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CG: {N,/ CLSii-CMPL(bC) /a3 2014-1376 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT CONSTRUCTION EASEMENT — MARK BARR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d C� , , t .:(A L ABC( CC/! G .x Lto ouglas/Rademacher, hair Weld County Clerk to the Board arbara Kirkmeyer Pro-Tem BY a(1DDa . QJt1AP � Dep y Clerk to the Board Y Sean p,Conay APP ED ORM: Mike Freeman ou ttorney ( Willia1F. Garcia Date of signature: /I oZ im"' vegel tif iota: J, N Fit 2014-1376 EG0070 186' MEMORANDUM TO: Clerk to the Board DATE: April 30, 2014 _U N T Y FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public road Right-Of-Way and Permanent Easement for Certain Improvements to East 18`h Street, a part of the WCR 49 Extension Project with Mark Barr. One original agreement is attached. M\Francie\AGENDA memos sAgenda-Leon-2.doc 2014-1376 5/5 1020111 4 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST le STREET BEING PART OF THE WELD COUNTY ROAD 49 EXTENSION PROJECT BETWEEN MARK BARR AND WELD COUNTY, COLORADO ti THIS AGREEMENT is made this Jr — day of `n , 2014, by and between Mark Barr whose address is 16247 Weld County Road 50,LaSalle, Colorado 80645 hereinafter referred to as "Owner,"and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right-of-Way"), and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as "Permanent Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 and East 18th Street,which will involve said roads realignment and construction,(hereinafter referred to as "Road Improvement Project"), and P WHEREAS,County requires said Public Road Right-of-Way in order to complete said Road Improvement Project, and WHEREAS, County will need said Permanent Easement in order to maintain a drainage easement which is necessary 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 Perm.Easement-Immed.Possession Before Transfer Page I 4017263 Pages: 1 of 8 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County.+ CO ■III��11L'IZl'�i �Ia�G'lt4'�4;illIPir�t �aYllh ■I III a Cie/-i3 7� 2. Owner agrees to sell and County agrees to purchase the Permanent Easement shown and/or described on Exhibit"B"(a copy of which is attached hereto and made a part hereof by this reference),for the sum of Five Hundred and no/100 Dollars,($500.00). 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 Permanent 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 Permanent Easement by Easement Deed of Dedication to County, free and clear of all liens,encumbrances or other possessory claims, except existing easements. 6. Owner shall not erect or construct or allow to be erected or constructed,any building or other structures on said Permanent Easement property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder; this Permanent Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 7. Owner shall retain the mineral estate under the Public Road Public Road Right-of- Way and the Permanent Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Permanent Easement. 8. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right- of-Way and an Easement Deed of Dedication for the Permanent Easement 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. 9. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Permanent Easement which is required to be paid, including,but not limited to,a prorated amount of the property taxes,and any past due property taxes,(and interest and penalties thereon), on or before the date of 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 Permanent Easement. Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before Transfer Page 2 4017263 Pages: 2 of 8 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County CO VW, Ill 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 Permanent Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Deed(s) of Dedication. 3. County shall pay Owner for the Public Road Right-of-Way and Permanent Easement by County warrants at the date of the transfer of title. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Permanent 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 Permanent Easement for the purposes of constructing the Road Improvement Project and the construction of the drainage easement,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 Permanent Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right-of-Way and Permanent Easement made pursuant to the terms herein, shall be binding upon,all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. 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 no oral representation,promise,or consideration different from the terms P herein contained shall be binding on either party, or its agents or employees. Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before Transfer Page 3 4017263 Pages: 3 of 8 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO �IIIR!�1�'1?t'i�1li�'4�hli ilk Lei W II III 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. By: isit>2 l l&-7 Li C Z Z ark Barr BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: JJ��.,��.�/ � , / c ttAty QP s Rademac er, Chair ' MAY 115 ?014 Weld County Clerk to the Board _ BY tk Deputy Clerk to the Board P Ur 0 Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before Transfer Page 4 4017263 Pages: 4 of 8 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO lIII Karl Ile:��f+tilth:�+N1f4'�1�1t.��:'�P1�lYrL'iYi,� 1 II1 EXHIBIT-A SE 1/4 SII-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, 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. 3524123 & 3609314 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 11 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'52" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1235.64 FEET TO THE POINT OF BEGINNING SAID POINT BEING A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 193.41 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF EAST 18TH STREET WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 09'45'48" AND WHOSE CHORD BEARS NORTH 69'11'59" WEST A DISTANCE OF 193.17 FEET; THENCE SOUTH 75'28'07" EAST ALONG SAID RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 186.37 FEET; THENCE SOUTH 00'26'52" EAST ALONG SAID EAST LINE A DISTANCE OF 21.84 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,496.04 sf. OR 0.06 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 4017263 Pages: 5 of 8 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County: CO ■01 MI��Q�ZLi,f(LH4i MNIFACiliAliyi, ■I III RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT BARR � PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO �-! G O uNTY DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-A. SE I/4 SII-T5N-R65W OR CI I'Y Gi GR ",EL Y E 1/4 S11-T5N-R65W _ _ _ _ _ FND 2 1/2" A.C. - E. 18th ST. \P. LS#235D, _ _ _ - EXISTING 6O' ROW RIGHT—OF—WAY ACQUIRED RD.BK.1/PG.153 2,496.04 sf. OR 0.06 ac.t NOV. 18, 1872 P.O.B. I i w 10 IN Lo Vl @. S75. O,., i o N it MARCY E< yes 37 I151 m w L=193.41' 4Vtt .S. - N O N N R=1135.OO -toN 4=O9'45'48" 21.84' N . CB=N69'11'59"W z8 S m 0=193.17' aii P.O.B. g� tt I Km co >F "a" DETAIL 80- N 0 . —NTS- 0^� co.m u v a y 44./ MARK BARR io L`m 2 RECP.#3524123/3609314 aa- w w m a� z z dam-{ St, (.'J J J NN M SIl Jib'-R6J y{ F Z aMas a O_ w u_! d p- O w a o1- a_ VI no a {O Nom°• Tema NOTE: THIS EXHIBIT MAP DOES NOT ..-4 >- REPRESENT A MONUMENTED LAND SE COR 32 crow SURVEY OR LAND SURVEY PLAT. S11-75N-R65W W IT IS INTENDED TO ILLUSTRATE THE FND 2.3c ALUM. CAP ATTACHED PROPERTY DESCRIPTION STAMPED POWERS ELEV. ONLY. LS#25385 ------------------------- P.O.C. RIGHT OF WAY , WELD COUNTY DEPARTMENT .86� OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION a PROJECT • BARR -�I ��i P7 PROJECT NO. SRP-23 SCALE: 1"=200 WELD COUNTY COLORADO I z O UNT � c JI _ DATE: 3-10-14 DRAWN BY: JHB SHEET: 2 oft I EXHIBIT-B SE 1/4 SIT-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, 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. 3524123 & 3609314 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 11 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'52" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1107.71 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 89'33'08" WEST A DISTANCE OF 20.00 FEET; • • THENCE NORTH 00'26'52" WEST A DISTANCE OF 68.26 FEET; THENCE NORTH 43'25'02" WEST A DISTANCE OF 65.54 FEET TO NON-TANGENT CURVE TO THE RIGHT; THENCE 265.99 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1182.04 FEET, CENTRAL ANGLE IS 12'53'36" AND WHOSE CHORD BEARS NORTH 64'43'34" WEST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF EAST 18TH STREET A DISTANCE OF 265.43 FEET AND BEING A POINT ON A NON-TANGENT CURVE TO THE RIGHT; • THENCE 57.14 FEET ALONG THE ARC OF SAID CURVE BEING ALONG SAID EXISTING RIGHT-OF-WAY LINE, WHOSE RADIUS IS 778.11 FEET, CENTRAL ANGLE IS 04'12'28" AND WHOSE CHORD BEARS SOUTH 75'06'26" EAST A DISTANCE OF 57.13 FEET; THENCE CONTINUING ALONG SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE SOUTH 7528'07" EAST A DISTANCE OF 71.09 FEET TO A NON-TANGENT POINT OF CURVE TO THE LEFT; THENCE DEPARTING SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE 193.41 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 09'45'48" AND WHOSE CHORD BEARS SOUTH 69'11'59" EAST TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 193.17 FEET; THENCE ALONG SAID EAST LINE SOUTH 00'26'52" EAST A DISTANCE OF 127.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,016.59 sf. OR 0.25 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. 4017263 Pages: 7 of 8 05/20/2014 12:32 PM R Fee:$0.00 LEON W. SIEVERS Steve Moreno Clerk and Recorder. Weld County. CO PLS 23520 VIII NM I%1 , ��I v�l' �IK'4'4 CU Ali h III PERMANENT WELD COUNTY DEPARTMENT y 86 1 ' OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION �L PROJECT BARR e T Y PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO �� L DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 oft EXHIBIT-B SE 1/4 SII-T5N-R65W E 1/4 COR C11"Y Oi GRIAtt FY 571-T5N-R65W _ _ _ _ FND 2 1/2" A.C. - - - - - -- "- -- - - - - � _ _ STMP. LS#23501 _ _ E. 18th ST. \ EXISTING _ 60' ROW RD.BK.1/PG.153 PERMANENT EASEMENT ACQUIRED NOV. 18, 1872 11,016.59 sf. OR 0.25 ac.± "'" DETAIL —NTS- P.O.B. O al z MARCY Lq 8th 8 c __ `" < W 4 . m C'7�" w`" `'i�a C3 '_ in X N N • ,7 p Z m 8 t LINE TABLE „f';: { ra LINE BEARING DISTANCE iii s't 'y, L1 S89'33'08"W 20.00' ' in '" ° L2 N00'26'52"W 68.26' R u� ma_r. L3 N43'25'02"W 65.54' - o m3-- L4 57528'07"E 71.09' mwv L5 50026'52"E 127.93' L1 a°y isiE93 MARK BARR Waa _ mm RECP.# 3524123/3609314 W Ip � am J-- z z No J J SE >- act SE i.J x O gpO1 0 II CL L) N�s_- Naea a_ VI '.�'v—4LStMI CURVE TABLE C# LENGTH RADIUS DELTA CHD BRG CHD SE COR C1 265.99' 1182.04' 12'53'36" N64'43'34"W 265.43' S11-T5N-R65W C2 57.14' 778.11' 04'12'28" S75'06'26"E 57.13' FND 2X" ALUM. CAP C3 193.41' 1135.00' 09'45'48"S69'11'59"E 193.17' STAMPED POWERS ELEV. LS#25385 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE P.O.C. ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT WELD COUNTY DEPARTMENT Ig61 OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION qqI PROJECT BARR _ PROJECT NO: SRP-23 SCALE: 1"=200 _ p WELD COUNTY,COLORADO u NJII J DATE: 3-10-14 DRAWN BY: JHB SHEET: 2 oft MEMORANDUM 1r eta__ z /i � TO: Clerk to the Board DATE: May 21, 2014 000tir FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Doc #2014-1376 Deed of Dedication for Public Road Right-of-Way with Mark Barr on E. 18111 Street for the WCR 49 Extension Project. One original agreement is attached. Enclosures \1 Francie AGENDA memos Agenda-Leon Aoc N G.c ,da— cc,'/cid( e) 2.& a?o/Y-- /3"76 a g-.2oiq -5'- otcP` i/ EGoo?t, DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY no THIS DEED,made this ogg day of ,2014,between Mark Barr,"Grantor"whose legal address is 16247 Weld County Road 50, La le,Colorado 80645 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. ,mA) fl ariiu Mark Barr- Owner Date JAi�oArtvPuec STATE OF Wa g1 in 21:132 1L 1017 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 30 day of ! 2014, by Mark Barr. ( 2 Witness my hand and official seal. � �uAnar •a. . . .� ! .__ u► ..u... .. o . % Pub is My commission expires: g-12-I 7 Deed of Dedication Page 1 4020866 Pages: 1 of 4 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII FAT L'h4MLMIi :rt ),4114 11111 0204- 1370 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). YB .�II Dated this day of rn , 201 4 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ( ATTEST: 1 1nl/ws,,,,,,—e-o-z Cita Ra n.J,, Douglas Rademacher, Chair WJ �� I� Weld County Clerk to e Bo. d ® MAY 2 8 2014�. s L �` Deputy Clero the Board ISM °; % au. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The forego ng instrument was acknowledged before me this, 4b day of gnaw-. 201 4 ,b hem . , Chair, Board of County Commissioners of the County of/Weld. etio0.?(d1Y ndalt 1.frt. 'UloUlhintu.) koatintiLealasX.. Witra,.,' td 11Y eruigiSli' NOTARY PUBLIC STATE ID COLORADO p9ublic ty, NOTARY 20144002878 No Public MY COMMISSION EXPIRES JANUARY 22,2018 My commi ion expires: ot,osIbtr , wig Deed of Dedication Page 2 4020866 Pages: 2 of 4 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �D/�- .<97d1�J,VOW i III 11 EXHIBIT-A SE 1/4 SII-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND. LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, 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. 3524123 & 3609314 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 11 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'52" WEST ALONG THE EAST UNE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1235.64 FEET TO THE POINT OF BEGINNING SAID POINT BEING A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 193.41 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF EAST 18TH STREET WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 09'45'48" AND WHOSE CHORD BEARS NORTH 69'11'59" WEST A DISTANCE OF 193.17 FEET; THENCE SOUTH 7528'07" EAST ALONG SAID RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 186.37 FEET; THENCE SOUTH 0026'52" EAST ALONG SAID EAST LINE A DISTANCE OF 21.84 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,496.04 sf. OR 0.06 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. x‘WI IIII 0/ \"`Vj3 REG.. qo, LEON W. SIEVERS \�Q . PLS 23520 -2, 2jDo+�. 4020866 Pages: 3 of 4 2, s: 06/04/2014 10:34 AM R Fee:$0.00 <�,,,•0IVALI . \\N\ Steve Moreno, Clerk and Recorder, Weld County, CO ''!'��ill1\\\\ VIII 1��11�Ir �4tIKItI�E��+R+141�hWA4Y4k�hY4rh 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS _ ' �1, WCR49 EXTENSION co r TY ' OPROJECT YOLORADO •BARR ' I PROJECT NO: SRP-23 SCALE: WELD COUNT ,C N DATE: 3-10-14 DRAWN BY: MB SHEET: 1 of2 EXHIBIT-A SE 1/4 S11-T5N-R65W • CITY OF GREELEY E 1/4 COR S11-T5N-R65W _ FND 2 1/2" A.C. - -- - - E. 18th ST. - STMP. LS#23501 EXISTING ` 60' ROW RIGHT—OF—WAY ACQUIRED RD.BK.1/PG.153 2,496.04 sf. OR 0.06 ac.t NOV. 18, 1872 P.O.B. i iw rcaj to al to co ci 44 S7 !,a rn z MARCY 528'0>E tc 1 ,N o Ni 86 . IN m 3,_ L=193.41' \ 2c:v O to R=1135.00 ix)o—i 0=09'45'48" 21.84' N CB=N69'11'59"W o z m C=193.17' DETAILP.O.B. m Sri N -NTS r 4' MARK BARR / RECP.#3524123/3609314 w w H SE//d`��pNN 00,RE ��//1- FOB-- NOTE: THIS EXHIBIT MAP DOES NOT / 23520 1 = REPRESENT A MONUMENTED LAND 0 1 y • SE COR SURVEY OR LAND SURVEY PLAT. t'.j S11-T5N-R65W a' IT IS INTENDED TO ILLUSTRATE THE �% • \��``� FND 2)�" ALUM. CAP ATTACHED PROPERTY DESCRIPTION 04,;tJ \\\` STAMPED POWERS ELEV. ONLY. /0,,,,,,00\ LS#25385 P.O.C. RIGHT OF WAY WELD COUNTY DEPARTMENT 1$61 OF PUBLIC WORKS ACQUISITION �1 IJ r ! - 'L WCR 49 EXTENSION /��1�,, -. PROJECT PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNBTY,COLORADO , O O U N T Y 4020866 Pages: 4 of 4 DATE: 3-10-14 DRAWN BY: JHB SHEET: 2of2 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 NWtIWiIrIKINO1/41O tiI TAIritih'h Li BID MEMORANDUM r � - �� rI r TO: Clerk to the Board DATE: May 21,2014 7 COUNTYs lI FROM: Leon Sievers,Public Works Department SUBJECT: Consent Agenda Item Doc #2014-1376 Easement Deed of Dedication with Mark Barr on East 18`"Street for the WCR 49 Extension Project. One original agreement is attached. Enclosures M:IFrenciMGENDA memoEAgenda.Leon-I.doc Con- a' 5la�laoi� eC .'PtV(Re, Z5) -aaP- aoir.a�� 64OO7o 4 EASEMENT DEED OF DEDICATION p7A THIS DEED, made this(93—day of )'}'f//t _ , 2014, between Mark Ban, "Grantor" whose legal address is 16247 Weld County Road 50,6LaSalle, Colorado, 80645,and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, "Grantee", whose legal address is 1150 "O" Street, Greeley, Colorado 80631: Pursuant to an Agreement Dated ,2014,Grantor,for and inconsideration of the sum of Ten Dollars and other valuable consideration,the receipt and sufficiency of which is hereby acknowledged,do hereby dedicate and convey forever unto Grantee and Grantees'heirs,successors, assigns,and personal representatives,free and clear of all liens and encumbrances and warrants title to a perpetual Easement, (hereinafter referred to as the"Easement"),over and across Grantor's real property in Weld County, Colorado,known as 3296 East 18t" Street, Greeley, Colorado. The exact location of the Easement is more particularly described on Exhibit A, (legal description) which is attached hereto and by this reference incorporated herein and made a part hereof. Grantees, at Grantees' expense, have constructed, and shall have the right to operate, use, maintain, and repair the slope within the easement and shall have reasonable access thereto. The Easement shall be an easement appurtenant to Grantees'Public Road Right-of-Way,and shall inure to the benefit of Grantees'heirs,successors,assigns,and personal representatives,subject to the conditions set forth herein. All costs associated with the Easement, including surveying, construction, repair, maintenance, and snow removal, shall be borne by Grantees. Grantees' use of the Easement shall be exclusive, and Grantor and Grantor's heirs, successors,assigns,personal representatives,guests,and invitees shall have an equal right to the use of the surface area of the Easement,without interference with Grantees' use thereof,and subject to the provision that any increased costs of repair and maintenance caused by such use shall be borne by the party using the Easement. The mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantors, except as required to sustain the integrity of the Easement. Easement Deed of Dedication Page 1 4020865 Pages: 1 of 5 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Ml�11G71L4, I 'li�;l�{�f 1 fh�41�I�YJh�E'�f Y4 11111 ol014-1374v • IN WITNESS WHEREOF, Grantor and Grantees have executed this Easement Deed and Agreement this day of , 2014. Gr Mark Barr 4 -i0 /1/ Date JACQUELINE -BARROW •. STATE OF COLORADO wale' 10R OID 3105 321017 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 30 day of dqp_^a 2014, Mark Barr. Witness my hand and official seal. N kart' ublic My commission expires: 9 _,z_ / 7 `J Easement Deed of Dedication Page 2 4020865 Pages: 2 of 5 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��PIWNI MINIM �IikL,h' �Y4r� IU 111 r 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 olD—day of 0' , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 'YYI,I2A CQ,;,......ga.„,,,_Q„___ Douglas Rademacher, Chair Weld County Clerk to Board 'I S L a=, MAY 2 8 2014 BY•L��:�d__ i , 1 tl Deputy Cle i o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thisc281±day ofej)lo , 2014, by Douglas Raelemaelter, Chair, Board of County Commissioners of the Count of Weld. mike Altito n 6oakarnsrn . to eh0„u�n v,, Rs a,N Wi i (ass my hand and official seal. RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002878 N 'ary Public MY COMMISSION EXPIRES JANUARY 22.2018 My co mission expires: Rn.LLa`�-, ad, 02O18 Easement Deed of Dedication Page 3 4020865 Pages: 3 of 5 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■111FaLhki1 9'1fkFalVJ'Yi{hH1JMgiii4i EI III 7pi9 /37,6 • EXHIBIT-A SE 1/4 S11-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, 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. 3524123 & 3609314 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE SOUTH EAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 11 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'52" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1107.71 FEET TO THE POINT OF BEGINNING THENCE SOUTH 89'33'08" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'26'52" WEST A DISTANCE OF 68.26 FEET; THENCE NORTH 43'25'02" WEST A DISTANCE OF 65.54 FEET TO NON-TANGENT CURVE TO THE RIGHT; THENCE 265.99 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1182.04 FEET, CENTRAL ANGLE IS 12'53'36" AND WHOSE CHORD BEARS NORTH 64'43'34" WEST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF EAST 18TH STREET A DISTANCE OF 265.43 FEET AND BEING A POINT ON A NON-TANGENT CURVE TO THE RIGHT; THENCE 57.14 FEET ALONG THE ARC OF SAID CURVE BEING ALONG SAID EXISTING RIGHT-OF-WAY LINE, WHOSE RADIUS IS 778.11 FEET, CENTRAL ANGLE IS 04'12'28" AND WHOSE CHORD BEARS SOUTH 75'06'26" EAST A DISTANCE OF 57.13 FEET; THENCE CONTINUING ALONG SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE SOUTH 75'28'07" EAST A DISTANCE OF 71.09 FEET TO A NON-TANGENT POINT OF CURVE TO THE LEFT; THENCE DEPARTING SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE 193.41 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 09'45'48" AND WHOSE CHORD BEARS SOUTH 6911'59" EAST TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 193.17 FEET; THENCE ALONG SAID EAST LINE SOUTH 00'26'52" EAST A DISTANCE OF 127.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,016.59 sf. OR 0.25 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AW OR IN AND FOR WELD COUNTY, COLORADO. .`C.‘4% �. S •W N� :J 23520 " = LEON W. SIEVERS b 3 ) `. PLS 23520 bNAL 1A� � PERMANENT WELD COUNTY DEPARTMENT EASEMENT OF PUBLIC WORKS IL j r, : _ �l WCR 49 EXTENSION Fr ' PROJECT BARB PROJECT NO: SRP-23 SCALE WELD COUNTY,COLORADO I COUNTY 4020865 Pages: 4 of 5 DATE: 3-10-I4DRAWN BY: JHB SHEET: 1 of 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��r1AVnN ilffgiiii1/401, i7Gw44mi 11111 EXHIBIT-A SE I/4 SII-T5N-R65W • CITY OF GREELEY E 1/4 COR S11-T5N-R65W _ FND 2 1/2" A.C. E. I8+� ��• -_ ` LS 23501 1 -1 EXISTING 1 60' ROW \ RD.BK.1/PG.153 PERMANENT EASEMENT ACQUIRED NOV. 18, 1872 11,016.59 sf. OR 0.25 ac.t 4111.—"DETAIL —NTS— P.O.B. '11 ul @r �„ i a z C2 E \ N cj MARCY L4 • 4ath '? ``4.'' m I l- (.4 0 Ci '- in n N Qto O O m Z R LINE TABLE ® BEARING DISTANCE (ii' 0 589'33'08"W 20.00' ® N00'26'52"W 68.26' a ® N43'25'02"W 65.54' ¶ o In 575'28'07"E 71.09' ® SOO'26'52"E 127.93' L1 ' 111111 iii., // MARK BARR RE I a��% RECP.#3524123/3609314 F9• w w P. _I Z -' 23520 y I _>- z SE 1'4 _ 3101 / ▪ ;o o sii-rsv-a if �c W' � o_ca//,y/yililavAj111t \\\\\\\` a al CURVE TABLE C#LENGTH RADIUS DELTA CHD BRG CHD SE COR C1 265.99' 1182.04' 12'53'36"N64'43'34"W 265.43' S11-T5N-R65W C2 57.14' 778.11' 04'12'28" 575'06'26"E 57.13' FND 2X" ALUM. CAP C3 193.41' 1135.00' 09'45'48"569'11'59"E 193.17' STAMPED POWERS ELEV. LS#25385 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE P.O.C. ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT • 1 WELD COUNTY DEPARTMENT EASEMENT _861 �'" OF PUBLIC WORKS . I {^, 11, WCR 49 EXTENSION PROJECT BARR 11 I PROJECT NO: SRP-23 SCALE: l"=200 WELD COUNTY.COLORADO r n U N T Y -- 4020865 Pages: 5 of 5 DATE: 3-10-14 DRAWN BY: JHB SHEET: 2 oft 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III i4' ritWe4 : fWMBA&EMINIM BIM Hello