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Home My WebLink About20132351.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 55 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - NATALIE ARNOLD 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 Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 47 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 Natalie Arnold, 32846 County Road 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 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 Natalie Arnold 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CQtJN jY, COLORADO ATTEST:�� Weld County Clerk to the Board BY: AP hty Attorney Date of signatur§EP 0 4 2013 William F. Garcia, Chair our; KkS a ralitla.oLR/L� ouglat Rademac er, Pro-Tem arbara Kirkmeyer 9-i6e/,3 2013-2351 EG0068 MEMORANDUM TO: Clerk to the Board DATE: August 15, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to WCR 55 with Natalie Arnold. Two originals are attached. M:\Francie\AGENDA memos \AgendaLcon-1 docx 2013-2351 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 55 , BETWEEN NATALIE ARNOLD AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /9 -day of �Allif S/ , 2013, by and between Natalie Arnold, whose address is 32846 Weld County Road 55, Gill, olorado 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." 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 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 in order to construct a fence which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Two Thousand Six Hundred Twenty Nine and no/100 Dollars, ($2,629.00). 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 -Mimed Possession Before Transfer Page 1 3962265 Pages: 1 of 9 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111lraincIliffIIffL'kTrP,Kta' FACLL hk'sh®1III O,74 - 07351 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 tem' 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 3962265 Pages: 2 of 9 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIIIM!ll1REILA�Ir�Yrl'r�:f�walhYYJ'FIti�:Y4rF ®I 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 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 Two Thousand, Seven Hundred and Seventy One no/100 Dollars, ($2771.00) for the trees and sprinkler that will be removed during road construction. County shall remove only the first 5 trees that are closest to the roadway. 6. County shall remove portions of existing fence for road construction and install a new Four -Strand Barbed Wire fence along the newly acquired right-of-way line. The new fence will be installed before the removal of the existing old fence. 7. County, its contractors, agents, employees and all others deemed necessary by County shall not use or block the driveway at any time during 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 teams herein, shall be binding upon, all Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 3962265 Pages: 3 of 9 09/09/2013 10:59 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO III and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth 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. Natalie Arnold C - By: Natalie Arnold ATTEST: Agmt for Purchase of ROW and Temp Ea BOARD OF COUNTY COMMISSIONERS I?. `t4`ELD ed:Pd5session Before Transfer COLORADO . Garcia, Chair AUG 19 2013 3962265 Pages: 4 of 9 09/09/2013 10:59 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®IIIIKAllIi,:Iriniti4iikFhVO4,h4 1411.1 rhitIII Page 4 Weld County Clerk to the Board BY; Deputy Cl€rk to the Board Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 5 3962265 Pages: 5 of 9 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO � flIfilrarinkiJP6 II III EXHIBIT -A NW 1/4 S22-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 22, 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 RECORDED EXEMPTION NO. 0801-22-2-RE1988 (RE -1988) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2543268 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 00'26'41" EAST A DISTANCE OF 2606.87 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 0026'41" EAST ALONG THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER A DISTANCE OF 29.79 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'33'20" EAST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'09'01" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 80.01 FEET; THENCE SOUTH 36'56'43" WEST DEPARTING SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 101.24 FEET; THENCE SOUTH 0026'41" EAST A DISTANCE OF 424.98 FEET; THENCE SOUTH 89'33'20" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 18.53 FEET; THENCE NORTH 00'26'41" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 504.85 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,815.65 sf. OR 0.27 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, R1' HT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. / I LEON W. SIEVERS PLS 23520 `\�\\\OIREG/ --- 23520ts f. •3-&-i3 � ° 6),04L LAS \\ \ -'f Ill11llA9�� RIGHT OF WAY ACQUISITION ARNOLD WELD COUNTY, COLORADO 3962265 Pages: 6 of 9 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO 1861 r GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: DATE: 2-21-13 DRAWN BY: DRH SHEET: 1 of2 �IIIK��IPWS11�+h+{�Ihb,L�L �JYIL�,G4�.�i�YlilI •III EXHIBIT -A NW 1/4 S22-T6N-R64W ESER R P.O.B. 3 NORTHWEST CORNER S22-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 U7 WEST 1/4 CORNER S22-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 w 2 N 2 0 Q O co 1n Ls - ea N (46 0 O RD N Mn Mn IC RIGHT OF WAY ACQUISITION ARNOLD WELD COUNTY, COLORADO v AND1:',kZ.SI:: d HWY 392 N89'09'01"E 2633.62' RIGHT—OF—WAY ACQUIRED 11,815.65 sf. OR 0.27 ac. lr ARNOLD RECP. #3797545 A/RE-1988 P.# 2543268 ,COUNTY NORTH 1/4 CORNER 322-T6N-R64W 2-1/2' ALUM. CAP LS #12374 1997 NW 1/4 S22-T6N-R64W \`d,"-:1,::DCC) F; R' S LEE LINE TABLE LINE BEARING DISTANCE L1 SO0'26'41"E 29.79' L2 N89'33'20'E 30.00' L3 N89'09'01"E 80.01' L4 536'56'43"W 101.24' L5 S89'33'20"W 18.53' --r NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 1"=100' DATE: 2-21-13 DRAWN BY: D SHEET: 2 oft 3962265 Pages: 7 of 9 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII I�1�JR,' !Ui1Wr.ii 'Itiiµ�7�W��Fi�#U,+i M'�f�l�,h 11111 LEON W. SIEVERS PLS 23520 EXHIBIT -B NW 1/4 S22-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 22, 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 RECORDED EXEMPTION NO. 0801-22-2-RE1988 (RE -1988) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2543268 AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 00'26'41" EAST A DISTANCE OF 2606.87 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'09'01" EAST ALONG THE NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER A DISTANCE OF 109.80 FEET; THENCE DEPARTING SAID NORTHERLY LINE SOUTH 00'51'00" EAST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A DISTANCE OF 30,00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'09'01" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 12.66 FEET; THENCE SOUTH 36'56'43" WEST DEPARTING SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 105.61 FEET; THENCE SOUTH 00'26'41" EAST A DISTANCE OF 431.59 FEET; THENCE SOUTH 89'33'20" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 28.53 FEET; THENCE NORTH 00'26'41" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 10.00 FEET; THENCE NORTH 89'33'20" EAST DEPARTING SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 18.53 FEET; THENCE NORTH 00'26'41" WEST A DISTANCE OF 424.98 FEET; THENCE NORTH 36'56'43" EAST A DISTANCE OF 101.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,552.41 sf. OR 0.13 ac MORE OR LESS THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AG€�` $L 0 R 1/4%, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ,s' m�° N'1 / ON _ • G ;` Y 11/ 23520 U e = ////"/"/II i 1 S' 0\\\� TEMPORARY EASEMENT ACQUISITION ARNOLD WELD COUNTY, COLORADO I/ 3962265 Pages: 8 of 9 09/09/2013 10:59 Rt1 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIIIAlig Mr11 IIyi IllIII 861 LT _GOON Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: DATE: 2-22-13 DRAWN BY: DRH SHEET: 1 oft t LIES ER HWY 392 NORTHWEST CORNER 522—T6N—R64W 2-1/2" ALUM. CAP LS #12374 1997 CD L5 WEST 1/4 CORNER _ 522-76N—R64W 2-1/2" ALUM. CAP LS #12374 1997 TEMPORARY EASEMENT ACQUISITION ARNOLD WELD COUNTY, COLORADO EXHIBIT -B NW I/4 522-T6N-R64W 109.80' L6 L1 L3 P.O.B. THHD 12:\S \ I.)ERS N N89'09'01"E 2633.62' TEMPORARY EASEMENT ACQUIRED 5,552.41 sf. OR 0.13 ac. ARNOLD RECP.#3797545 LOT A/RE-1988 E\CP.# 2543268 23520 co^ NORTH 1/4 CORNER 522-T6N-R64W 2-1/2' ALUM. CAP LS #12374 1997 NW 1/4 S22-T6N-R64W \ ELDCO FA\i. A/iS LEE: LINE TABLE LINE BEARING DISTANCE L1 S00'51'00"E 30.00' L2 N89'O9'O1"E 12.66' L3 536'56'43"W 105.61' L4 S89'33'20"W 28.53' L5 N00'26'41"W 10.00' L6 N89'33'20"E 18.53' L7 N36'56'43"E 101.24'_ NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 DATE: 2-22-13 SCALE: I"=100' DRAWN BY: DRH SHEET: 2 o 2 3962265 Pages: 9 of 9 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 MEMORANDUM TO: Clerk to the Board DATE: September 12, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Associated with Agreement - Doc #2013-2351 Deed of Dedication for Public Highway, WCR 55 at SH 392. One original is attached. M:Wrancie\AGENDA memos \AgendaLeon-1 docx �Uae/JN�'V' 9 42-a0(3 2013-(2357 EGoocoB 9-3D--/3 DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this day of , 201, between Natalie Arnold, "Grantor" whose legal address is 32846 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 inconsideration of the sum of Ten Dollars and no/100 $10 the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Highway, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown 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 or associated with said property, except as required to sustain the integrity of the Public Highway Natalie Arnold, Owner —/ 3 Date STATE OF COLORADO ) ) ss. COUNTY OF WELD i'k The foregoing instrument was acknowledged before me this I2_ day of C .e— 'r f c.m. (i cv- 2013 , by Natalie Arnold, Owner. Witness my hand and official seal. 6 Notary Public G(i My commission expires: 6 -t,'-! 7 Page 1 of 2 pages 3966563 Pages: 1 of 4 09/26/2013 01:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO LEON W. SIEVERS NOTARY PUBLIC NOTE ID �1402�4300 MY COMMISSION EXPIRES AUGUST 8, 2017 i ao/3 -.235/ 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 ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONER THE COUNTY OF WELD /8? day of �Py,/en1 ber , 201,E . Deputy Clerlf to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO William F. Garcia, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD SEP 18 2013 The foregoing instrument was acknowledged before me this irday of $-,gi ember , 2013 , by William F. Garcia, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. My commission expires: Page 2 of 2 pages 3966563 Pages: 2 of 4 09/26/2013 01:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■I�� t�i�1@ih'��1�,�ifa «�,4 Fl1ti�Il��eKA"* L�4YLih 11111 TAMMY LEE WATERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124078542 MY COMMISSION EXPIRES DECEMBER 5, 2016 a/.S-ads/ EXHIBIT -A NW I/4 S22-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 22, 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 RECORDED EXEMPTION NO. 0801-22-2-RE1988 (RE -1988) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2543268 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 00'26'41" EAST A DISTANCE OF 2606.87 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'26'41" EAST ALONG THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER A DISTANCE OF 29,79 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'33'20" EAST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'09'01" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 80.01 FEET; THENCE SOUTH 36'56'43" WEST DEPARTING SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 101.24 FEET; THENCE SOUTH 00'26'41" EAST A DISTANCE OF 424.98 FEET; THENCE SOUTH 89'33'20" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 18.53 FEET; THENCE NORTH 00'26'41" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 504.85 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,815.65 sf. OR 0.27 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, I HT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 0IREG/s //0/ •.o — LEON W. SIEVERS - - \ tit PLS 23520 = t-lcp E 23520 86 RIGHT OF WAY ACQUISITION ARNOLD WELD COUNTY, COLORADO ✓r 3966563 Pages: 3 of 4 09/26/2013 01:23 PM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO eiii1rjR►filili11111 GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: DATE: 2-21-13 DRAWN BY: DRH SHEET: I oft EXHIBIT -A NW 1/4 522-T6N-R64W 1,1E SER P.O.C. NORTHWEST CORNER 522-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 WEST 1/4 CORNER _ S22-T6N-R64W 2-1/2" ALUM. CAP LS #12374 1997 P.O.B. L3 x'N I.:L t-_: RS HWY _ 392 N89'09'O1"E 2633.62' N O 0 L5 L4 RIGHT—OF—WAY ACQUIRED 11,815.65 sf. OR 0.27 ac. ARNOLD RECP.#3797545 A/RE-1988 P.# 2543268 23520 24L LAND NORTH 1/4 CORNER 622-TON-R64W 2-1/2' ALUM. CAP LS #12374 1997 NW 1/4 822-T6N-R64W CO OA, S LINE TABLE LINE BEARING DISTANCE Lt SO0'26'41"E 29.79' L2 N89'33'20"E 30.00' L3 N89'09'01"E 80.01' L4 S36'56'43"W 101.24' L5 589'33'20"W 18.53' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION ARNOLD WELD COUNTY, COLORADO 3966563 Pages: 4 of 4 09/26/2013 01:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO I�III Rfr1Ri}Icrir lin:11 M1i YI1'AKil 14,11111 86 Tr COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: 1"=100' DATE: 2-21-13 DRAWN BY: DRH SHEET: 2 of2 Hello