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HomeMy WebLinkAbout20111624.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENTS FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 17 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - BENNETT AND EMMA HOUSTON 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 Conveyance of Easements for Certain Improvements to County Road 17 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 Bennett and Emma Houston, 9053 County Road 34, Platteville, Colorado 80651, commencing upon full execution, 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 Conveyance of Easements for Certain Improvements to County Road 17 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 Bennett and Emma Houston be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ofi 1� ._ t 'CJ dt ,2 rbara Kirkmeyer, chair Weld County Clerk to the =�:.: I �s'14�¢ /7 Piro'BY: $�R canP onway, Pro-Tem CD— Deputy Clerk to the Board 'il`= F. arcia _fry APPROVED AS TO FORM: du► l- veal avid E. Long (J l� ount' a. orney Cx . (AA./17--1�Douglas demP\c1/4 r G � Date of signature 7// //ii CC - R - 2011-1624 11 -II EG0064 MEMORANDUM WI k TO: Clerk to the Board DATE: July 1, 2011 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Agenda Item Agreement for Conveyance of Easement Concerning Easements for Certain Improvements to WCR 17 with Bennett R. and Emma A. Houston. Enclosures M.Frenclewgende-Leon eoc 2011-1624 O AGREEMENT FOR CONVEYANCE OF EASEMENTS CONCERNING EASEMENTS FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 17 BETWEEN BENNETT R. HOUSTON AND EMMA A. HOUSTON AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this day of v hC , 2011, by and between Bennett R. Houston and Emma A. Houston, whose address is 9053 Weld County Road 34, Platteville, Colorado 80651, herein collectively 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 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 17, and WHEREAS, Owner owns property described in the attached Exhibit "A", hereinafter referred to collectively as "Easements", and WHEREAS, County needs said Easements in order to complete said rebuilding and improvement project, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Easements, as shown and/or described on Exhibit"A", attached hereto and hereinafter referred to herein as the "Easements" for the sum of Five Hundred and no/100 ($500.00) dollars for the conveyance of the Permanent Easement and Three Hundred and no/100 ($300.00) for the conveyance of two Temporary Construction Easements. 2. Owner agrees to grant Easements to County by using substantially the Easement Forms attached hereto as Exhibit "B" and Exhibit "C", free and clear of all encumbrances, except existing easements. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. Page 1 of 3 111111111111111111111111111111111111111 OHM IIII IIII 3781335 07/21/2011 02:50P Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than 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 agent or employees, hereto. 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. 5. It is understood that County will reconstruct the area that is disturbed during construction and return it to its original condition upon project completion. 6. It is understood that County will remove any fence within the easement area, if necessary as determined by County, and will replace the fence at its present location at the end of construction. A temporary fence will be installed, by County, along the easement line during construction, if so needed. 7. County will seed the easement areas upon completion of construction with a native seed mix. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Bennett R. Houston, Owner Emma A. Houston, Owner HI 11111111111 IIIII Mit 13 IIIII III Ill 3 3781335 07/21/2011 02:50P Weld Co 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 3 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: B • arbara Kirkmeyer, hair - stI N-N t JUL 1 12011 Weld County Clerk to the Boa , CB. BY' 7.4.1/1 1, 140,/, i �� Deputy Clto the Board •�� ' V I vi � I11111111111tutu hIilt111111IIIIIIIIIIItt11111tIIIIIII 3781335 07/21/2011 02:50P Weld County, CO 3 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 3 EXHIBIT-A S17-T3N-R67W PROPERTY DESCRIPTION PERMANENT CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 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. 1529303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SECTION 17 AS BEARING SOUTH 01'04'15" EAST A DISTANCE OF 1320.80 FEET TO THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 17 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'15" EAST ALONG SAID EAST LINE A DISTANCE OF 447.51 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 88'55'45" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 01'04'15" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 24.00 FEET; THENCE SOUTH 88'55'45" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01'04'15" WEST A DISTANCE OF 24.00 FEET; THENCE NORTH 88'55'45" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT—OF—WAY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 240.0 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. SIEVERS \��:•\4\N RAF T`9 LEON W. SIEVERS PLS 23520 \- C":— ` 'COs 23520 1 - I111111IIIII11111111111 ICI IIIIIIIIIIIII11111IIIIIIII - -. ' ' 3781335 07/21/2011 02:50P Weld County, CO gyq/ LIA S 4 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0/mO PERMANENT CONSTRUCTION a WELD COUNTY PUBLIC WORKS EASEMENT �t DEPARTMENT SITE: �f♦�1:� HOUSTON ���D�. WELD COUNTY ROADS 17&34 9053 WCR 34 O PROJECT: GR-7 SCALE: WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN.13,2011 JHB 1 of 3 EXHIBIT-A S17-T3N-R67W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 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. 1529303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SECTION 17 AS BEARING SOUTH 01'04'15" EAST A DISTANCE OF 1320.80 FEET TO THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 17 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'15" EAST ALONG SAID EAST LINE A DISTANCE OF 411.21 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 88'55'45" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 01'04'15" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 104.09 FEET; THENCE SOUTH 88'55'45" WEST A DISTANCE OF 41.76 FEET; THENCE NORTH 20'47'19" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 112.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,933.2 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. IIIilif LEOON2W. SIEVERS \\�s�`Q,P0OIIREG�3 . moo. .\8. 46./P4* 23520 - 1 , 1111 III 1111111111111 1111111 11111 1111 1111111111111111 1 % SAL L ,, \ 3781335 07/21/2011 02:50P Weld County, CO nlnw "` 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder TEMPORARY CONSTRUCI ION a WELD COUNTY PUBLIC WORKS EASEMENT tat DEPARTMENT � SITE WELD COUNTY ROADS 17&34 HOUSTON wily C. PROJECT: 9053 WCR 34 O GR 7 SCALE; WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN. 13,2011 7HB 2 of 3 EXHIBIT-A S17-T3N-R67W \\\\\UIIII111/// P.O.C. D�pD0 REC�Slp, NORTHE17- AST CO NER FB j/4 `."•r7W 0 e•\W�� ic.L.,e'Q FOUND #6 REB. WITH N A,����."j It5¢yi°w _ r,0 9 _ 2 1/2" ALUM. CAP I z I �' _ -%a` �; = STAMPED PLS #24305 _' . 23520 ' E ALBERS, DREXEL & POHLYI i I ,� • _- S-�-`( 2001 IN MON. BOX m �� .- ''%SAL LANv.\\`\`\ c o /�IIIIilmo` I i N F41 ._.4 I C BENNETT R. &EMMA A. HOUSTON I! ry j 0 I F- PARC. #120917100013 tt�� � RECP. #1529303 I Ti-a i a C I.,-,w I 1n d o M 0 K, N r- V LINE TABLE P.O.B. I o a _ L5 • LI 588'55'45"W 30.00' I ! o I Fl 4k / L2 501'04'15"E 24.00 m' I x 0 / L3 588'55'45"W 10.00' LI L4 N01'04'15"W 24.00' I � ¢ �. L5 N88'55'45"E 10.00' o -4- .P.0.8. N .a Z a TEMPORARY N;43_ = LI Z CONSTRUCTION / j I W EASEMENT 6. 1,933.2 sf.t otti o� I I n w PERMANENT * i In CONSTRUCTION • =ryo - EASEMENT L3 tt 0 240.0 sf.t DETAIL / I o See Detail NTs S88'55'45"W I I I 41.76' I 1111111 11111111111 11111111111111111111111111111 11111111 EXISTING RIGHT-OF-WAY\-- iv 3781335 07/21/2011 02:50P Weld County, CO 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NORTH 1/16 CORNER NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S16&17-T3N-R67W A MONUMENTED LAND SURVEY OR LAND SURVEY FOUND #6 REB. WITH I j PLAT. IT IS INTENDED TO ILLUSTRATE THE 3 1/4" ALUM. CAP ATTACHED PROPERTY DESCRIPTION ONLY. STAMPED PLS #36070 16. POWERS ELEV.L-2002 IN MON. BOX • TEMPORARY&PERMANENT � WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT DEPARTMENT SITE: - - '*_7 - WELD COUNTY ROADS 17&34 HOUSTON WLIiDc,9053 WCR34 PROJECT: SCALE; GR-7 1"=50' WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN. 13,2011 JHB 3 of 3 EXHIBIT-A S16-T3N-R67W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 67 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. 1529303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 67 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 16 AS BEARING SOUTH 01'04'15" EAST A DISTANCE OF 1320.80 FEET TO THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 16 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'15" EAST ALONG SAID WEST LINE A DISTANCE OF 343.45 FEET; THENCE DEPARTING SAID WEST LINE NORTH 88'55'45" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 51'29'12" EAST A DISTANCE OF 6.96 FEET; THENCE SOUTH 12'08'01" WEST A DISTANCE OF 23.48 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 01'04'15" WEST A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 73.2 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\\' ADO IIII,j LEON W. SIEVERS �PPD / .. PLS 23520 � O � N} 14•,.Z"Q` 23520 7 - 1111111 111111 1111 111111 II Illy 9111/III III/ %sj .... •'S . *3781335 07121/2011 02:50P Weld Cou �� ' 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TEMPORARY CONSTRUCTION / t WELD COUNTY PUBLIC WORKS EASEMENT I// �' DEPARTMENT SITE: �. WELD COUNTY ROADS 17&34 HOUSTON 8152 WCR 34 O PROJECT: GR-7 SCALE; WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN.4,2011 JHB - 1 of 2 EXHIBIT-A SI6-T3N-R67W P.O.C. NORTHWEST CORNER S16-T3N-R67W FOUND #6 REB. WITH NW.1/4 2 1/2" ALUM. CAP I j I .7rs STAMPED PLS #24305 ��' ALBERS, DREXEL & POHLYI I 2001 IN MON. BOX I In �I M• jP.O.B. I BENNETT R. &EMMA A. HOUSTON O I j 4,\_ PARC. #120916000001 F I LIRECP. #1529303 cn See Detail 9O x Mj o°adR'tooIal � EC ^ TEMPORARY N.,' avNI I IC0NSTRUCTI0N o r�7 o EASEMENT �$• a ( nI 73.2 sf.t amv g °yUW z I � i rld —Q , —a a Im ° Q' LINE TABLE .4 M .. G W •LL LI N88'55'45"E 30.00' �ti' o c Z N L2 S51'29'12"E 6.96' , W m I L3 S 12'08'01"W 23.48' N M C) I I L4 N01'04'15"W 27.30' a _r C i.'O I �NC °4 �1�1111111111/„� —o C.3 CI •N \,``nj 0Rf7si, =10 j W V�.'0C/2352 G t�0:-_---== DETAIL =prp I -' _ 23520 N' ME 1/4 I o I , , I ff X17 ' /1/404.41 . ����vv`' iiiirrI H 6b EXISTING / RIGHT-OF-WAY NORTH 1/16 CORNER I j I 516&17-T3N-R67W FOUND #6 REB. WITH I I I 3 1/4" ALUM. CAP zI NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT STAMPED PLS #36070 I A MONUMENTED LAND SURVEY OR LAND SURVEY POWERS ELEV.L-2002 PLAT. IT IS INTENDED TO ILLUSTRATE THE IN MON. BOX ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION a WELD COUNTY PUBLIC WORKS EASEMENT C� DEPARTMENT SITE: WELD COUNTY ROADS 17&34 HOUSTON WIiDc. _8152 WCR 34 PROJECT: GR 7 SCALE; 1"=50' WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN.4,2011JHB 2 of 2 MEMORANDUM TO: Clerk to the Board DATE: July 20, 2011 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Consent Agenda Item Grant of Permanent Easement and Temporary Construction Easement with Bennett R. and Emma A. Houston on WCR 17. Reference doc#2011-1624. Enclosures MdFranoe'.Agenda-Leon doc EXHIBIT B GRANT OF PERMANENT EASEMENT (Bennett R. Houston and Emma A. Houston-Weld County) This Grant of Permanent Easement is made by and between Bennett R. Houston and Emma A. Houston, whose address is 9053 Weld County Road 34, Platteville, Colorado 80651 ("Owners") 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 915 10`h Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners hereby grants, sells, assigns, conveys and quit claims to County a non- exclusive, perpetual easement, for the purpose of constructing and maintaining a roadway culvert. The location of the easement parcel is described as follows: See Easement Exhibit "A" and Easement Exhibit Map Upon execution of the Permanent Easement by Owner, County, its contractors, agents and employees shall have the irrevocable right to possess and use said Permanent Easement for the daily operation, access and maintenance of said roadway culvert. This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties, their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. Bennett R. Houston, Owner Emma A. Houston, wner Page I of 2 page STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this /6 day of , 2011, by Bennett R. Houston and Emma A. Houston, Owners. Witness my hand and official seal. ��o.--t.-- .............. 1, Notary P My commission expires: pg.o(,- 13 LEON W. SIEVERS :o grFOFCboOQo The Grantee hereby accepts this easement for the purposes set forth herein on this day of , 2011 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO ATTEST: By: _ } � Sean P. Conway Chair Pro-Te ! I_•w JUL 2 5 2011 Weld County Clerk to the B rd lee+ BY:/�ii ..i i .9 ✓ t 1 Deputy Cle Ito the Board ti Page 2 of 2 page 07D//_/G EXHIBIT-A S17-T3N-R67W PROPERTY DESCRIPTION PERMANENT CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 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. 1529303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SECTION 17 AS BEARING SOUTH 01'04'15" EAST A DISTANCE OF 1320.80 FEET TO THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 17 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'15" EAST ALONG SAID EAST LINE A DISTANCE OF 447.51 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 88'55'45" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 0104'15" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 24.00 FEET; THENCE SOUTH 88'55'45" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01'04'15" WEST A DISTANCE OF 24.00 FEET; THENCE NORTH 88'55'45" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 240.0 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 001111 I I I I II//// LEON W. SIEVERS C"): PLS 23520 .".'4 ' 23520 "1/4 (�pND S�, //IRII III11I\" PERMANENT CONSTRUCTION WELD COUNTY PUBLIC WORKS f a DEPARTMENT EASEMENT ap 1 SITe P•1� WELD COUNTY ROADS 17&34 HOUSTON �. 9053 WCR 34 O PROJECT: GR-7 SCALE; WELD COUNTY COLORADO DATE DRAWN BY: SHEET: JAN. 13,2011 ,)gg 1 of 3 EXHIBIT-A S17-T3N-R67W \�\0100ii11111/ P.O.C. oPPpO AEG7S,l�p`Cr NORTHEAST SR67W CORNER L. ikiE 1/4 �� O1/4:'rl W- 1"'Ce' ` '� FOUND #6 REB. WITH ,'A = c;4„, _ ,`✓ ., S. 2 1/2" ALUM. CAP I z I v'.rokl"' 317-7.314-R6797 _ ti N: E STAMPED PLS #24305 23520 5 2_ ALBERS, DREXEL & POHLYIIN I M�, —A i E 2001 IN MON. BOX m • 0 A. yb stcL0 I/llllllll\ N 1 I BENNETT R. & EMMA A. HOUSTON I N j � b I H PARC.#120917100013 tt�� j mrCij En RECP. #1529303 I d :I. o O w ' o ^ a dz aa ,� N LINE TABLE P.O.B. . o a; L5 LI 588'55'45'W 30.00' I I N I N ' L2 501'04'15"E 24.00' ll W c L3 S88'55'45"W 10.00' LIB I _ x N L4 N01'04'15"W 24.00' o, 4 / — L5 N88'55'45"E 10.00' o .P.O.B. N W ^ a TEMPORARY c LI _ ., 4 CONSTRUCTION r I I Z EASEMENT 1 \_PERM 1,933.2 sf.t ANENT nCONSTRUCTION• '- EASEMENT L3 0 240.0 sf.f o See Detail DETAIL NTS n saa•ss'4s'w 41.76' I EXISTING RIGHT—OF—WAY\ 010' NORTH 1/16 CORNER 516&17—T3N—R67W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT FOUND #6 REB. WITH I j A MONUMENTED LAND SURVEY OR LAND SURVEY 3 1/4" ALUM. CAP PLAT. IT IS INTENDED TO ILLUSTRATE THE STAMPED PLS #36070 ATTACHED PROPERTY DESCRIPTION ONLY. POWERS ELEV.L-200219- IN MON. BOX TEMPORARY&PERMANENT ii a WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT C DEPARTMENT 44SITE: WELD COUNTY ROADS 17&34 HOUSTON 9053 WCR 34 lillpe. PROJECT: GR-7 ScALE; 1"=50' WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN. 13,2011 JHB 3 of 3 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENTS This Grant of Temporary Construction Easements is made by and between Bennett R. Houston and Emma A. Houston whose address is 9053 Weld County Road 34, Platteville, Colorado 80651, Grantor 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 915 10`h Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and employees, two Temporary Construction Easements. Said Temporary Construction Easements are for installation of a roadway culvert during the construction of improvements to Weld County Road#17, in and to, over, under and across the following described land: SEE TEMPORARY CONSTRUCTION EASEMENTS EXHIBIT"A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easements are subject to the following conditions and covenants: 1. Said Temporary Construction Easements shall commence on July 1, 2011, and shall expire and be of no further force or effect on December 31, 2011, or at the end of road construction, whichever is earlier. 2. During the term of these Temporary Construction Easements, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of these Temporary Construction Easements, the Grantee covenants and agrees to restore said lands to its original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will remove and replace any existing fence that interferes with the installation with the roadway culvert. 6. Grantee will pay to Grantor the sum of Three Hundred and no/100 ($300.00) dollars upon the execution of these two Temporary Construction Easements. Page 1 oft page IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of these Temporary Construction Easements shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. G.:44111-1-0L) Bennett R. Houston, Owner Emma A. Houston, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1`c3 day of IJ , 2011, by Bennett R. Houston and Emma A. Houston, Owners. Witness my hand and official seal. 0. Notary Public I LEON W. My commission expires: i SIEVERS /474 OF.C4�-� GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. COUNTY OF WELD, STATE OF COLORADO, GRANTEE ATTEST: " ? c � !G an P. Conway Chair Pro-Tem� i____ I 0!`.s�lJ-, JUL 2 52011 :" *. — We d County Clerk to the sari 1 ��*,� BY: tea. i ��!� .��4%/!e t . Deputy Cle 'to the Board rs ti ( r y oy Page 2 of 2 pages C9D//-76a7 EXHIBIT-A S17-T3N-R67W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 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. 1529303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 67 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE FAST LINE OF SAID SECTION 17 AS BEARING SOUTH 01'04'15" EAST A DISTANCE OF 1320.80 FEET TO THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 17 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'15" EAST ALONG SAID EAST LINE A DISTANCE OF 411.21 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 88'55'45" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 01'04'15" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 104.09 FEET; THENCE SOUTH 88'55'45" WEST A DISTANCE OF 41.76 FEET; THENCE NORTH 20'47'19" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 112.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,933.2 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ��AAAIIIIIIiI��� LEON W. SIEVERS \\\ ,Pp9,REg/St'go PLS 23520 J OQ �1. .Shct. % •J 23520 : c ; c! • TEMPORARY CONSTRULI'ION a WELD COUNTY PUBLIC WORKS EASEMENT DEPARTMENT SITE Mb. I HOUSTON ���D • WELD COUNTY ROADS 17&34 9053 WCR 34 O PROJECT: GR-7 SCALE: WELD COUNTY COLORADO DATE: JAN. 13,2011 DRAWN BY: JHB SHEET: 2 of 3 EXHIBIT-A S17-T3N-R67W UUIIIu iiij P.O.C. \���Q,P I 0..Spy%�. NORTHEAST CORNER nig ]/�$ O: Fic FOUND #6 REB. WITH 6l ,17 B67w _ VNO c V ,;a . 2 1/2" ALUM. CAP I 0 I .QQ Vrtgs'`�" • STAMPED PLS #24305 23520 ' z.t ALBERS, DREXEL & POHLYI I .• \! 2001 IN MON. BOX OD • • 'FF/VEAL tAND• 0`\c C 1 M Z 0 I �J ry i n b I BENNETT R. & EMMA A. HOUSTON H PARC. #120917100013 M 7 i m cn RECP. #1529303 I ' I N 0 i in 4 � Q -. M 0 Z o 1 in LINE TABLE o P.O.B. L5 LI 588'55'45"W 30.00' I y I [ 4 L2 S01'04'15"E 24.00' W * o: L3 588'55'45"W 10.00' LI --fi _ I 0.? U .w^✓ L4 N01'04'15"W 24.00' a, 4 L5 N88'55'45"E 10.00' o / o .P.O.B. N h I f4 er a .a TEMPORARY ti ' f LI--9i CONSTRUCTION ^ r EASEMENT E 1,933.2 sf.± n w PERMANENT vt n CONSTRUCTION • =ry - EASEMENT L3 p 240.0 sf.t See Detail DETAIL 1 a I 1:1! = rrrs- -.' I I S88'55'45' 41.76' I 1 I 1 EXISTING RIGHT-OF-WAY\f- 610' \ H NORTH 1/16 CORNER I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S16&17-T3N-R67W A MONUMENTED LAND SURVEY OR LAND SURVEY FOUND #6 REB. WITH I II PLAT. IT IS INTENDED TO ILLUSTRATE THE 3 1/4" ALUM. CAP ATTACHED PROPERTY DESCRIPTION ONLY. STAMPED PLS #36070t POWERS ELEV.L-2002 IN MON. BOX NI TEMPORARY&PERMANENT a WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT D DEPARTMENT -- SITE: WELD COUNTY ROADS 17&34 HOUSTON 'KikIii •9053 WCR 34 PROJECT: GR-7 SCALE; 1"=50' WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN. 13,2011 JHB 3 of 3 EXHIBIT-A S16-T3N-R67W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 67 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. 1529303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 67 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 16 AS BEARING SOUTH 01'04'15" EAST A DISTANCE OF 1320.80 FEET TO THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 16 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'15" EAST ALONG SAID WEST LINE A DISTANCE OF 343.45 FEET; THENCE DEPARTING SAID WEST LINE NORTH 88'55'45" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 51'29'12" EAST A DISTANCE OF 6.96 FEET; THENCE SOUTH 12'08'01" WEST A DISTANCE OF 23.48 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 01'04'15" WEST A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 73.2 sf. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\\``U NIIUII+I/J / LEON W. SIEVERS \�� DO Rf�7ST PPD0 Rf�7STPLS 23520 O• Sji i,K.� '(;----- =Y � m. 23520 8/Iiii � (00.iiii v il TEMPORARY CONSTRUCTION WELD COUNTY PUBLIC WORKS EASEMENT At DEPARTMENT SITE: �. WELD COUNTY ROADS 17&34 HOUSTON O PROJECT: _ 8152 WCR 34 GR 7 SCALE: WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN.4,2011 J1-1g SHEET: of 2 EXHIBIT-A S16-T3N-R67W P.O.C. NORTHWEST CORNER S16-T3N-R67W FOUND #6 REB. WITH NiiffJ/¢ 2 1/2" ALUM. CAP I I I - STAMPED PLS #24305 ROW ALBERS, DREXEL & POHLYI ! 2001 IN MON. BOX a! a! nj !P.O.B. BENNETT R. & EMMA A. HOUSTON O I i I PARC. #120916000001 VD LI RECP. #1529303 See Detail o I c I Q c M Q N TEMPORARY AJ a I I I CONSTRUCTION 4 p EASEMENT W I !N I 73.2 sf.± Y J V Z GG ad a �2' I m LINE TABLE a W •0 LI N88'55'45"E 30.00' Vim Z (�� m L2 S51'29'12"E 6.96' ,L V�'C`7. I¢ I L3 S12'08'01"W 23.48' 1 �, C1 I" I L4 N01'04'15"W 27.30' II m N \\ 0119 IREf�/ai`S�y',/ w `. V���<J\N„1.45•M, , DETAIL ••in jr[�,r IV! NE ]/4 j o I = 23520 N• c 517-75fring I i o 15.O i A.... S e,- 0,00iimoo\ H ic-------.17 EXISTING I RIGHT—OF—WAY NORTH 1/16 CORNER I i I 516&17—T3N—R67W FOUND #6 REB. WITH I I I 3 1/4" ALUM. CAP Z NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT STAMPED PLS #36070 I A MONUMENTED LAND SURVEY OR LAND SURVEY POWERS ELEV.L-2002 PUT. IT IS INTENDED TO ILLUSTRATE THE IN MON. BOX ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION a WELD COUNTY PUBLIC WORKS EASEMENT DEPARTMENT SITE: \I WELD COUNTY ROADS 17&34 HOUSTON lli9c 8152 WCR 34 PROJECT: GR-7 SCALE: 1"=50' WELD COUNTY COLORADO DATE: DRAWN BY: SHEET: JAN.4,2011 JHB 2 of 2 Hello