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Home My WebLink About20091228.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 29 (71ST AVENUE) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -AGGREGATE INDUSTRIES -WCR, INC. 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 for Certain Improvements to County Road 29 (71st Avenue) 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 Aggregate Industries - WCR, Inc., 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401, 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 for Certain Improvements to County Road 29 (71st Avenue) 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 Aggregate Industries - WCR, Inc., 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 27th day of May, A.D., 2009. ATTEST: Weld County Clerk to the Boa BY Deputy erk to the Board APPROVED AS TO FORM: O//0 7 Date of signature David E. L BOARD OF COU TY COMMISSIONERS D1CNTY,IIOLORADO lha n ✓S/Jasv"1G 01.— ' las IRademachtr, Pro-Tem Sean P. Conway e� arbftra Kirkmo� y crt ong / CG! t92_ C� 2009-1228 EG0060 6c'/3j6-i`/' COLORADO MEMORANDUM TO: Clerk to the Board DATE: May 19, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Purchase of ROW with Aggregate Industries-WCR, Inc. for improvements to WCR 29 (71St Avenue). Enclosures M ErancicAAgund•Leon. doc 2009-1228 085 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 29 (71st AVENUE) BETWEEN AGGREGATE INDUSTRIES-WCR, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this yr day of Wt 2009, by and between Aggregate Industries - WCR, Inc., the successor by merger to Cl&MAS Colorado, Inc. whose address is 1707 Cole Boulevard, Ste 100, Golden, Colorado 80401, 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 915 10`h Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 29 (71st Avenue), and WHEREAS, Owner owns the property described in the attached Exhibit "A", hereinafter referred to collectively as "Right -of -Way", and WHEREAS, County needs the Right -of -Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and asphalt paving of said roadway, 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 Right -of -Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right -of -Way" for the sum of Six Thousand One Hundred Fifty Five and no/100 ($6155.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right -of -Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements. Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. Page 1 of 3 Pages 111111111111111111111111 I I 111111111101111 11111III11111 3630085 06/15/2009 02:55P Weld County, CO 1 of 6 R 0.00 0 0.00 Steve Moreno Clerk & Recorder �CODc/ 72O7(J 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 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 agents 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. Although the date of the transfer of the Right -of -Way shall be the date of the delivery of the documents of conveyance, 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 all of the Right -of -Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right -of -Way and will defend title thereto against all claims. 7. Owner represents and warrants that all prior general taxes levied have been paid in full by Owner. 8. County will reimburse the Owner the sum of Eight Hundred Nine and no/100 ($809.00) dollars for the grant of two Temporary Construction Easement, one described herein as Exhibit A, Temporary Construction Easement and the other described as an area 100 feet by 100 feet and located at or near the existing driveway and gate that access the Owners property from 71g Avenue. 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 Page 2 of 3 Pages 1111111 11111 111111 111111 111 11111 1111111III 11111 1111 1111 3630085 06/15/2009 02:55P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder written. OWNER: AGGREGATE INDUSTRIES —WCR, INC the successor by mer er to CAMAS Colorado, Inc ATTEST: Weld County Clerk to the Bo By: Deputy Clerk . the Board Michael C. Refe , ' P OARD OF COUNTY COMMISSIONERS WELD COUNTY, STATE OF ORADO Page 3 of 3 Pages 1111111111111111111111111111111111111111111111111111111 3630085 06/15/2009 02:55P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder illiam F. Garcia, Chairman MAY 2 7 2009 C� f - 7a1c EXHIBIT -A NW 1/4 S33-T6N-R66W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767404 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 00'25'18" EAST A DISTANCE OF 1336.11 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33, BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, SAID LINE ALSO BEING THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29, SOUTH 00'25'18" EAST A DISTANCE OF 1048.85 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2194429; THENCE SOUTH 89'34'55" WEST A DISTANCE OF 7.20 FEET; THENCE SOUTH 29'35'11" WEST A DISTANCE OF 15.59 FEET; THENCE NORTH 00'25'18" WEST A DISTANCE OF 1062.11 FEET MORE OR LESS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33; THENCE ALONG SAID NORTH LINE NORTH 88'41'47" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15,780.3 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. \\\\\\11Q1 III//// W iii J�NO /'T N W. SF'. LEON W. SIEVERS PLS 23520 N.� - 23520 • z-5-oq & .,,sj';:, S `\\ X111/111�q�1�11��\S\\\ 111111111111111111111111 III IIIII 1111111 III 11111 IIII Till 3630085 06/15/2009 02:55P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION CAMAS COLORADO WELD COUNTY ROAD 29 GREELEY, COLORADO COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT RC -40 SCALE: DATE: DEC. 12, 2008 DRAWN BY. JHB SHEET Iof3 EXHIBIT -A NW 1/4 533-T6N-R66W LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767404 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 00'25'18" EAST A DISTANCE OF 1336.11 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33, BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462. THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33 SOUTH 88'41'47" WEST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID NORTH LINE SOUTH 00'25'18" EAST A DISTANCE OF 1062.11 FEET MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF A PARCEL OF LAND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2194429. THENCE SOUTH 29'35'11" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'25'18" WEST A DISTANCE OF 1079.28 FEE MORE OR LESS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33; THENCE ALONG SAID NORTH LINE NORTH 88'41'47" EAST A DISTANCE OF 10.00 FEET TO THE POIN- OF BEGINNING. SAID PARCEL CONTAINS 10,709.6 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. \\\\\ \ \ \ 1111111 I I AA/ LEON W. SIEVERS \`1�OQ'p,0�f PLS 23520 23520 �'• 2-3-oq 1111111 11111 111111111111 III 111111111111 I1I 111111111 I11I 3630085 06/15/2009 02:55P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder TEMPORARY CONSTRUCTION EASEMENT CAMAS COLORADO WELD COUNTY ROAD 29 GREELEY, COLORADO COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT. RC -40 SCALE, DATE: DEC. 12, 2008 DRAWN BY'. JHB SHEET. 2 of 3 EXHIBIT -A NW 1/4 S33-T6N-R66W $ NS8'441 447 E P.O B., 10'-y TEMPORARY CONSTRUCTION EASEMENT 10,709.6 sf. CAMAS COLORADO PC D /A AGGREGATE PIIDCsnrRE-affiw RECP#2767404 ADDITIONAL RIGHT—OF—WAY 15.780.3 sf. RIGHT OF WAY 81246/R#2194429 10-12-1989 CW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS/30462 1999 P L5 O.C. —Poe (ROW) 7L 50' ROW MONO RIGHT OF WAY 1 8212/P417 1 5-17-1906 z o FC zo oz F WX NW 1 NW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LSi3D462 2007 UNE TABLE L1 S00'25'18"E 1048.85' L2 589'34'55"W 7.20' L3 S29'35'11"W 15.59' L4 NO025'18"W 1062.11' L5 N88'41'4Y'E 15.00' L6 529'35'11'W 20.00' L7 NO0'25'18"W 1079.28' LB N88'41'47"E 10.00' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. R IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. InIPOBARY CONSIRUC130NRA�rC a RIURT-OF-WAY ACQUISITION CAMAS COLORADO WELD COUNTY ROAD 29 ORBESY, COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/11[ AVENUE PROTECT D.lCT• Bute 1,� R6q DATE DEC. 12,2006 BY: 3d3 1 11111111111 MILLI 111111 III 111 1111111 III VIII 1111 IiI1 3630085 06/15/2009 02:55P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder fat IR Wine o Clerk to the Hoard IDATE June 15,''009 ROM: Leon ,Sievers, Public Works Department COLORADO ;MORRAANDUVI i.CT: Consent Agenda Item Deed of Dedication and Temporary Construction Easement with Aggregate Industries - WCR. Inc. --- in reference to it's agreement Doc #2009-1228 Enclosures j OYLIa. � oy estc .c, ,29-09 20jc7 47-28 rcL�G04 U y DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Aggregate Industries — WCR, Inc., the successor by merger to CAMAS Colorado, Inc., whose address is 1707 Cole Boulevard, Ste 100, Golden, Colorado, 80401, being all of the owners of certain property in Weld County, Colorado, which is described in the attached exhibit "A", do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and any and all water rights currently attached or associated with the Right of Way. Aggregate Industries —WCR, Inc. the successor by merger to CAMAS olorado, Inc. Michael C. Ref Vice President STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this l‘, day of , 200,/ , by Michael C. Refer, Vice President, Aggregate Industries — R, the successor by merger to CAMAS Colorado, Inc., Owner. Witness my hand and official seal. \` ".V ch i • P u ciii1 ission expires: 07-,026-0w/3 Notary Public 111111 11111 111111 1111111III 11111IIIIIIII 3638370 07/24/2009 11:30A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder I'age I of 2 pages 02-9-O9 x9->aL7e PAuocoo 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 Public Rights - of -Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 29th day of June , 2009 . ATTEST: iatet t2 CLERK TO THE BOARD COUNTY COMMISSION THE COUNTY OF WEL Deputy Clerk to the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD JUN 2 9 2009 The foregoing instrument was acknowledged before me this 29th day of June 20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand a My commission expi MY COMMISSION EXPIRES: 0519.2013 No}a Pub J ICY 1 111111 11111 111111 IIII VIII VIII 1111111 III 11111 III' 1111 3638370 07/24/2009 11:30A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 2 oft pages .31099-/aa� EXHIBIT -A NW 1/4 S33-T6N-R66W LEGAL DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767404 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 00'25'18" EAST A DISTANCE OF 1336.11 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33, BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, SAID LINE ALSO BEING THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29, SOUTH 00'25'18" EAST A DISTANCE OF 1048.85 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2194429; THENCE SOUTH 89'34'55" WEST A DISTANCE OF 7.20 FEET; THENCE SOUTH 29'35'11" WEST A DISTANCE OF 15.59 FEET; THENCE NORTH 00'25'18" WEST A DISTANCE OF 1062.11 FEET MORE OR LESS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33; THENCE ALONG SAID NORTH LINE NORTH 88'41'47" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15,780.3 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY.\\ OPpDO RE LEON W. SIEVERS PLS 23520 =- 23520 _ 1111111 IIIII 111111 II'I III' IIIII II�I"I III IIIII IIII 1111 /'o/qI1\\ ( LAND „\\\ 3638370 07/24/2009 11:30A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION CAMAS COLORADO WELD COUNTY ROAD 29 GREELEY, COLORADO 0a4 WIiDc COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECI PROJECT' RC -40 SCALE, DATE DEC. 12, 2008 DRAWN BY'. JHB SHEET: 1 0(. EXHIBIT -A NW I/4 S33-T6N-R66W T ArF..:I /≥s anal ACQUIRED` ROW P.O.B. (TCE) N88'41'47"E 10' TEMPORARY CONSTRUCTION EASEMENT 10,709.6 sf. Cl��IMW��V�dpplyylYyryY��4.��O,�L®ORADO EVCD.a4 AGGREGATE INDUSTRIES -WEST RECP#2767404 ADDITIONAL RIGHT—OF—WAY 15,780.3 sf. RIGHT OF WAY B1 246/R#2194429 10-12-1989 CW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 1999 L8 L5 X X � X P.O.C. 50' ROW EXISTING' RIGHT OF WAY B212/P417 5-17-1906 I i _ z 01 J z0 z z' 0z F Wn X N W 1 1 1 ft NW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 P.tri).:11.111",t1 LINE TABLE L1 500'25'18"E 1048.85' L2 589'34'55"W 7.20' L3 529'35'11"W 15.59' L4 NO0'25'18'W 1062.11' L5 N88'41' 47"E 15.00' L6 529'35'11"W 20.00' L7 NO0'25'18"W 1079.28' L8 N88'41'47'E 10.00' �POu RED/S W c� J �' LA 23520 %,.Z-.5 07 '%1NAL LAND °• \'" 110" NOTE: NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT RIGHT-OF-WAY ACQUISITION CAMAS COLORADO WELD COUNTY ROAD 29 GREELEY, COLORADO COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT. RC -40 SCALE; DATE. DEC 12, 2008 DRAWN BY. JHB SHEET. 3of3 1111111 IIIII IIIIII IIII IIIII IIIII IIIIIII III IIIII IIII IIII 3638370 07/24/2009 11:30A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 3j TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Aggregate Industries — WCR, Inc., the successor by merger to CAMAS Colorado, Inc., whose address is 1707 Cole Boulevard, Ste 100, Golden, Colorado 80401, 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 10th Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for grading and shaping of the roadway ditch and for the construction of a fence during the construction of improvements to Weld County Road #29 (71st Avenue), in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: Said Temporary Construction Easement shall commence on March 1, 2009, and shall expire and be of no further force or effect on December 31, 2009, or at the end of road construction, which ever is earlier. During the term of this temporary easement, 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 this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their 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. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. Page I of 2 page 111111111111111111liii11111111111111111III111111111liiI 3638371 07/24/2009 11:30A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder £ &W -/c'&.6' IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Aggregate Industries — WCR, Inc, the successor by merger to CAMAS Colorado, Inc. Michael C. Re Vice President STATE OF COLORADO ) )ss COUNTY OF ) di 6 The foregoing instrument was acknowledged before me this / day of , 2009 by Michael C. Refer, Vice President of Aggregate Industries — WCR, Inc., the successor by merger to CAMAS Colorado, Inc. "'Witness my hand and official seal. : t', • C �•.,., �Y � t 5 P U Ib y cot ission expires: ..ot t� nom' Notary Public 02-026-o2o/s GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: Deputy Clerk to the Boa COUNTY OF WELD, STATE OF COLORADORANTEE William 1. Gar-ia, Chairman, Board of County Commissioners. JUN 2 9 2009 Page 2 of 2 pages 111111111111111111 111111111111111111111111 III 1111 1111 2638371 0712412009 0. 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder a'Ca 9-/f? EXHIBIT -A NW 114 S33-T6N-R66W LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2767404 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION AS BEARING SOUTH 00'25'18" EAST A DISTANCE OF 1336.11 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 33, BEING A 2 1/2" ALUMINUM CAP STAMPED LS#30462. THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33 SOUTH 88'41'47" WEST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE SOUTH 00'25'18" EAST A DISTANCE OF 1062.11 FEET MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF A PARCEL OF LAND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2194429. THENCE SOUTH 29'35'11" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'25'18" WEST A DISTANCE OF 1079.28 FEET MORE OR LESS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 33; THENCE ALONG SAID NORTH LINE NORTH 88'41'47" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 10,709.6 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS PLS 23520 • G9; N' 23520 2-3 o9 & q[l ,/,,/„„INp\S \ 111111111111111111 III1 DI11111111111111 III 11111 11111111 3638371 07/24/2009 11:30A Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder TEMPORARY CONSTRUCTION EASEMENT CAMAS COLORADO WELD COUNTY ROAD 29 GREELEY, COLORADO #az, WIiDc COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT: RC -40 SCALE, DATE: DEC. 12, 2008 DRAWN BY: JHB SHEET: of 3 EXHIBIT -A NW 1/4 S33-T6N-R66W N88'41'47"E ACQUIRED ROW P.O.B. (TOE) L8 ,L5 TEMPORARY CONSTRUCTION EASEMENT 10,709.6 sf. C4AfAS CUPLORADO llf`YC D44 AGGREGATE INIX57R1Es`3'-W T RECP#2767404 ADDITIONAL RIGHT-OF-WAY 15,780.3 sf. RIGHT OF WAY 81246/R#2194429 10-12-1989 CW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 1999 1 1 1 X� P.O.C. P.O.B. (ROW) 1 i 1 50' ROW I XISTING' RIGHT OF WAY B212/P417 1 5-17-1906 ' Iz qjai Z K J Z o oz r -F X / n W UJ / erg, n w $ 6 i bin L2 0 U, I TEMPORARY CONSTRUCTION EASEMENT RIGHT-OF-WAY ACQUISITION CAMAS COLORADO WELD COUNTY ROAD 29 GREELEY, COLORADO If. NW 1/16 COR SEC 33 FOUND 2-1/2" ALUM. CAP STAMPED LS#30462 2007 1 1 1 1 1 Ate T'R COLORADO LINE TABLE L1 500'25'18"E 1048.85' L2 589'34'55"W 7.20' L3 529'3511 "W 15.59' L4 NO0'25'18"W 1062.11' L5 N88'41'47"E 15.00' L6 529'35'11"W 20.00' L7 N00'25'18"W 1079.28' L8 N88'41'47"E 10.00' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 29/71st AVENUE PROJECT PROJECT. RC -40 SCALE, 1"-50' DATE DEC 12, 2008 DRAWN BY JHB SHEET: 3of3 111111 IIIII 111111 IIII IIIII 1 III 1111111 III IIIII IIII IIII 3638371 07/24/2009 11:30A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Hello