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Home My WebLink About20132566.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 55 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - MARK THOMAS AND KERI ANDERSON 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 Concerning the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 55 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 Thomas and Keri Anderson, 33020 CR 55, Gill, Colorado 80624, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 55 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 Thomas and Keri Anderson be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. CC ►alp u 2013-2566 EG0068 PURCHASE OF ROW AND TEMPORARY CONSTRUCTION EASEMENT/ CR 55 - MARK THOMAS AND KERI ANDERSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: _YV` EXCUSED William F. Garcia, Chair Weld County Clerk to the Board ou %"Attorney Date of signature:SEP 2 6 2013 EXCUSED Douglas Rademacher, Pro -Tern arbara Kirkmeyer, cting Pro-TeTe 2013-2566 EG0068 MEMORANDUM TO: Clerk to the Board DATE: September 6, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right -of -Way and Temporary Construction Easement with Mark Thomas and Keri Andersen for Certain Improvements to WCR 55. One original is attached. M:\Francie\AGENDA memos \Agendaleon-4.docx 2013-2566 O AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 55 BETWEEN MARK THOMAS, KERI ANDERSEN AND WELD COUNTY, COLORADO THIS AGREEMENT is made this // day of ,5.ef , 2013, by and between Mark Thomas and Keri Andersen, whose address is 33020 Weld County Road 55, Gill, Colorado 80624 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." WINES SETH: 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 55, 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 for staging purposes, equipment and materials for 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. 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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 1 3967853 Pages: 1 of 8 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III �4raNLIVOlih: I0h1 F H L!I III 070/3 - asd 0 and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence on July 16, 2013, and shall expire and be of no further force or effect on July 16, 2014, upon the completion of the Road Improvement Project, whichever is earlier. 7. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate under the Public Road Public Road Right -of - Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right - of -Way to County at the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of the transfer of title, when Owner delivers the Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way and/or Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 2 3967853 Pages: 2 of 8 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 101 Ml�.r�ll�i14 N+i4'Ii�k� Rr a L�YJM+LliJ S 4! 11111 COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and/or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Deed of Dedication. 3. County shall pay Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrants at the date of the transfer of title. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit B to a level comparable to its original condition. 5. County shall reimburse Owner for the sum of One Thousand, Eight Hundred and Fifty no/100 Dollars, ($1,850.00) for the removal of three (3) trees that will be removed during road construction. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right -of -Way and Temporary Easement shall be the date of the transfer of title, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use said Public Road Right -of -Way and the Temporary Construction Easement for the purposes of constructing the Road Improvement Project and the construction of the 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 Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right -of -Way and Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 3967853 Pages: 3 of 8 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ci ��N�aw,�i�ru�tik ��, k�aa F�,� 11111 applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 6. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. B By: L 1 Mark Thomas ATTEST: Weld County Clerk to the Board BY412#L4 Deputy Clerk the Board Agmt for Purchase of ROW and Temp Easement -I Keri Andersen BOARD OF COUNTY COMMISSIONERS WELD COMMTY. COLORADO ara Kirkmeyer;/Acting ghair Pro-Tem SEP 1 1 2013 54M s "$efore Transfer trt; Page 4 3967853 e1 a 10:21gfIl k and R Foea $0.004 County, CO Steve UiuF.114Cw,�4 «,Figlii;wrrdl44IVilt#E1$1111 at/3-0756Z EXHIBIT -A SW 1/4 S15-TON-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF AMENDED RECORDED EXEMPTION NO. 0801 -15 -3 -RE -655 (RE -655) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1954985 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'54'36" WEST A DISTANCE OF 2676.16 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'54'36" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 30.60 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'05'24" EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'54'36" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 49.09 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY SOUTH 39'25'21" EAST TO A POINT ON THE NORTHERLY RIGHT—OF—WAY OF STATE HIGHWAY 392 A DISTANCE OF 62.81 FEET; THENCE SOUTH 89'10'31" WEST ALONG SAID NORTHERLY RIGHT—OF—WAY A DISTANCE OF 39.11 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 960.09 sf. OR 0.02 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 3967853 Pages: 5 of 8 10/02/2013 10:21 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO III! INPAIDNaPriviiIfrh'F I P I u�.�C�!MIiYfU M vi �I III ovum 'W 9 o'J (Pa — 23520 //7/19]VAr LA4:6 "'` RIGHT OF WAY ACQUISITION THOMAS & ANDERSEN WELD COUNTY, COLORADO 8622. I�]Vfa GoUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR55&HWY392 PROJECT PROJECT N0: RC -86 SCALE: DATE: 2-22-13 DRAWN BY: DRH SHEET: 1 o EXHIBIT -A SW 1/4 SI5-T6N-R64W P.O.B. to co 0 E W M to (7) O Q °Q Li 3 WEST 1/4 CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1995 SW 1/4 S15-T6N-R64W 4 L2 L5 KERBS DAIRY THOMAS & ANDERSEN RECP.#3434823 LOT A/AM RE -655 RECP.# 1954985 RIGHT—OF—WAY ACQUIRED 960.09 sf. OR 0.02 cc. LINE TABLE LINE BEARING DISTANCE L1 NOO'54'36"W 30.60' L2 N89'05'24"E 30.00' L3 N00'54'36"W 49.09' L4 S39'25'21 "E 62.81' L5 S89'10'31 "W 39.11' HWY 392 tn N89'09'01 "E 2633.62' P.O.C. SOUTHWEST CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 ARN Dwwcirrrr 0 $030 ji.. /iii -� tip°•._ gype 44/ F° co 23520 NOTE: THIS EXHIBIT MAP DOES NOT -Z.!) REPRESENT A MONUMENTED LAND -�,., SURVEY OR LAND SURVEY PLAT. �'�� •.•• •• IT IS INTENDED TO ILLUSTRATE THE Tyk LASS,,, ATTACHED PROPERTY DESCRIPTION ONLY. SZAMTIMI SOUTH 1/4 CORNER -Ca-. S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 R RIGHT OF WAY ACQUISITION THOMAS & ANDERSEN WELD COUNTY, COLORADO 1861 fGON T,I�t WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 1"=100' DATE: 2-22-13 DRAWN BY: DRH SHEET: 2 of 2 3967853 Pages: 6 of 8 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO APO II EXHIBIT -B SW I/4 SI5-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF AMENDED RECORDED EXEMPTION NO. 0801 -15 -3 -RE -655 (RE -655) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1954985 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'54'36" WEST A DISTANCE OF 2676.16 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'54'36" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 79.70 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'05'24" EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'54'36" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 63.69 FEET; THENCE SOUTH 50'14'49" EAST DEPARTING SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 77.91 FEET; THENCE NORTH 89'09'01" EAST A DISTANCE OF 61.81 FEET; THENCE SOUTH 00'49'30" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A DISTANCE OF 62.14 FEET; THENCE SOUTH 89'10'31" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 81.70 FEET; THENCE NORTH 39'25'21" WEST DEPARTING SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 62.81 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,044.37 sf. OR 0.19 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. ,,\WIII/10/// a7F'..� LEON W. SIEVERS PLS 23520 - c i 23520 TEMPORARY EASEMENT ACQUISITION THOMAS & ANDERSEN ttr a 186 UNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 3967853 Pages: 7 of 8 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III f IPAM Eliall1ti LIFIV Lflnriti,/Ai BIM DATE: 2-22-13 DRAWN BY: DRH SHEET: I of2 EXHIBIT -B SW 114 515-T6N-R64W co co N N M ;n 0 0 z P.O.B. CD z rn i L2 L1 WEST 1/4 CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1995 SW 1/4 S15-T6N-R64W KERBS DAIRY THOMAS & ANDERSEN RECP.#3434823 LOT A/AM RE -655 RECP.# 1954985 TEMPORARY EASEMENT ACQUIRED 8,044.37 sf. OR 0.19 cc. L3 L4 7 L6 L5 LINE TABLE LINE BEARING DISTANCE L1 N89'05'24"E 30.00' L2 N00'54'36"W 63.69' L3 550'14'49"E 77.91' L4 N89'09'01 "E 61.81' L5 SO0'49'30"E 62.14' L6 589'10'31"W 81.70' L7 N39'25'21"W 62.81' HWY 392 N89'09'01"E 2633.62' P.O.C. SOUTHWEST CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 ARNOLD poll / SIEL t° e� 9No NOTE: THIS EXHIBIT MAP DOES NO-- 23520 e� REPRESENT A MONUMENTED LAND " --gg,, g.l _13 eel SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE �° ATTACHED PROPERTY DESCRIPTION 7,/, NAL ONLY."'!/1111 111 SOUTH 1/4 CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997/ TEMPORARY EASEMENT ACQUISITION THOMAS & ANDERSEN 3967853 Pages: 8 of 8 10/02/2013 10:21 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III I��N�4w��+M?�'Ith Fli��4'� IL�ti�WiEJ��1+�4Y4� ®1111 1861 N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 1"=100' DATE: 2-22-13 DRAWN BY: DRH SHEET: 212 MEMORANDUM TO: Clerk to the Board DATE: December 26, 2013 FROM: Jackie H -Barrow, Public Works Depatlwent SUBJECT: BOCC Consent Agenda RE: Associated with Agreement — Doc #2013-2566 Deed of Dedication for Public Highway, WCR 55 at SH 392 Ple/frivie d'e airs- 025 6 ��DD6a DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made thisa0 ay of Olt. , 201'3, between Mark Thomas and Keel Andersen, "Grantor" whose legal address is 33020 Weld County Road 55, Gill, Colorado 80624, 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 Five Hundred and no/100 ($500.00) Dollars the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2.201(IXa),hereby dedicate and convey forever unto Grantee for use as a Public Highway, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit "A" EXCEPTING existing easements of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas and any. and all water rights currently attached or associated with said property, except as required to sustain the integrity of the Public Highway Murk Thomas, Owner 1212-(0 l �3 Date STATE OF COLORADO COUNTY OF WELD ) as. ) en Andersen, Owner /2k//3 Date The foregoing instrument was acknowledged before me this %4o day of 2013, by Mark Thomas and Ken Andersen, Owners. Witness my hand and official seal, My commission expires: 2'112120r 7 b slab 1 °" ewes 3988318 Pages: 1 of 6 01/07/2014 10:46 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IF! raPRIRr, liirelOil:ln"Jiia'A1' Oi11/4/1 dill EXHIBIT -A SW I/4 S!5-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF AMENDED RECORDED EXEMPTION NO. 0801 -15 -3 -RE -655 (RE -655) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1954985 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'54'36" WEST A DISTANCE OF 2676.16 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00°54'36" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 30.60 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'05'24" EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'54'36" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 49.09 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY SOUTH 39'25'21" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A DISTANCE OF 62.81 FEET; THENCE SOUTH 89'10'31" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 39.11 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 960.09 sf. OR 0.02 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. LEON W. SIEVERS PLS 23520 3988318 Pages: 2 of 6 01/07/2014 10:46 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO ®IIIMlrrrRif'4'I'lit�oti�h:FJ'dr1Wh't County, J 23520 -J3 O1 ?NAL LAW RIGHT OF WAY ACQUISITION THOMAS & ANDERSEN WELD COUNTY, COLORADO I/ T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: DATE: 2-22-13 DRAWN BY: DR SHEET: 1 of2 EXHIBIT -A SW 1/4 515-T6N-R64W (0 ^Z N N00'54'36"W LU W .-7 P.O.B. 1 L3 WEST 1/4 CORNER S15—T6N—R64W 2-1/2" ALUM. CAP LS #12374 1995 SW 1/4 S15-T6N-R64W L4 KERBS DAIRY THOMAS & ANDERSEN RECP.#3434823 LOT A/AM RE -655 RECP.# 1954985 RIGHT—OF—WAY ACQUIRED 960.09 sf. OR 0.02 ac. LINE TABLE LINE BEARING DISTANCE L1 NO0'54'36"W 30.60' L2 N89'O5'24"E 30.00' L3 NO0'54'36"W 49.09' L4 539'25'21"E 62.81' L5 S89'10'31"W 39.11' L2 L5 HWY 392 ci :at '^"'S 0 m7S my 3 V . va u.O o . vc .e- Cfi LO 110 0U • ° to G- 4-1 N M�� to w� CO m— (+lBm- N89'09'01"E 2633.62' P.O.C. SOUTHWEST CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 ARNS T,rwp11iIu11 QA0° R //o. T4% (n 23520 = NOTE: THIS EXHIBIT MAP DOES NOF e ./ ; REPRESENT A MONUMENTED LAND -1-5.,-p:°% ° SURVEY OR LAND SURVEY PLAT. '�'1'i °°. , IT IS INTENDED TO ILLUSTRATE THE `, 41[ LAND S�,• ATTACHED PROPERTY DESCRIPTION ";lI fIN ONLY. SOUTH 1/4 CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997/ RIGHT OF WAY ACQUISITION THOMAS & ANDERSEN WELD COUNTY, COLORADO N1861/ J WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 1"=100' DATE: 2-22-13 DRAWN BY: DRH SHEET: 2 of 2 EXHIBIT -B SW I/4 SI5-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF AMENDED RECORDED EXEMPTION NO. 0801 -15 -3 -RE -655 (RE -655) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1954985 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'54'36" WEST A DISTANCE OF 2676.16 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'54'36" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 79.70 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'05'24" EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 00'54'36" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 63.69 FEET; THENCE SOUTH 50'14'49" EAST DEPARTING SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 77.91 FEET; THENCE NORTH 89°09'01" EAST A DISTANCE OF 61.81 FEET; THENCE SOUTH 00'49'30" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A DISTANCE OF 62.14 FEET; THENCE SOUTH 89'10'31" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 81.70 FEET; THENCE NORTH 39'25'21" WEST DEPARTING SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 62.81 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,044.37 sf. OR 0.19 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. _,iillllll!/!!�/ .rJ G RF %i c1•o•e�4ao T LEON W. SIEVERS PLS 23520 23520 % 94'43 � TEMPORARY EASEMENT ACQUISITION THOMAS & ANDERSEN WELD COUNTY, COLORADO 1861 o U N T Y., WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 1SCALE: DATE: 2-22-13 DRAWN BY: DREI SHEET: 1 of 2 EXHIBIT -B SW 1/4 S15-T6N-R64W LL win G�1 1 NOO°54'36"W 2676.16 BASIS OF BEARING WEST 1/4 CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1995 SW 1/4 S15-T6N-R64W ICE,RBS DAIRY THOMAS & ANDERSEN RECP.#3434823 LOT A/AM RE -655 RECP.# 1954985 TEMPORARY EASEMENT ACQUIRED 8,044.37 sf. OR 0.19 cc. P.O.B. L3 L2 0 L1 L7 L4 L6 L5 LINE TABLE LINE BEARING DISTANCE L1 N89'05'24"E 30.00' L2 NO0'54'36"W 63.69' L3 550'14'49"E 77.91' L4 N89'09'01"E 61.81' L5 500'49'30"E 62.14' L6 58910'31"W 81.70' L7 N39'25'21"W 62.81' HWY 392 41▪ -1 oo Y T -a St{ U m -u mW 3 V • m if O w_ 0 to V y 0)C' - m co a -1 w - GU_� voU- c 03 ail �N£`ti OO m w m• �v= Mow a N89'09'01"E 2633.62' P.O.C. SOUTHWEST CORNER S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 ARNOLD \a\,i.C:0 Inrl NOTE: THIS EXHIBIT MAP DOES NOT= REPRESENT A MONUMENTED LAND r SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. J Sl cc. -53 cp a- 23520 '''%;°JON A[ LN •,")/111111 SOUTH 1/4 CORNER -1 S15-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 R CEMPORARY EASEMENT ACQUISITION THOMAS & ANDERSEN WELD COUNTY, COLORADO 1✓ 861 GOON TY� WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 1"=100' DATE: 2-22-13 DRAWN BY: DRH SHEET: 2 oft 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 ,50— day of Dec -ember , 201. 5. ATTEST: -1\\w`ga'")6")4'- COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OFJC \ 1 � i TATE OF COLORADO THE COUNTY OF WELD BY: Deputy C1to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Dougla• Radeniac er, Chair Pro-Tem BOARD uF COUNTY COMMISSIONERS OF THE COUNTY OF WELD DEC 3 0 2013 The foregoing instrument was acknowledged before me this 30thday of . December 201 3 , by Douglas Rademacher Board of County Commissioners of the County of Weld. Chair Pro-Tem Witness my hand and official seal. My commission expires: zi≥Z/I9. Page 2 of 2 pages 3988318 Pages: 6 of 6 01/07/2014 10:46 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIM��1�K2�U�:1'Ia;lh� lidNIPiii,I,R K11,I�,� Y4,� !1111 SUSAN BROWN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010751 MY COMMISSION EXPIRES FEBRUARY 22, 2017 O2/x/S a 5,66 Hello