HomeMy WebLinkAbout20090440.tiff275
RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 1 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - DJS CITY LEASE/OPTION, LLC
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 1 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 DJS City Lease/Option, LLC, 353 Main Street, Longmont,
Colorado 80501, 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 1 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 DJS City Lease/Option, LLC, 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 18th day of February, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
E DC U .r1 COLORADO
ATTEST:
Weld County Clerk to the Bo
BY
Deptit
APPRQVED
Lit 01,1
Clerk t. the Board
TO.FORM•
unty A orney
m F. Garcia, Chair
ugla- ademache Pro-Tem
EXCUSED
Se- P. Conway
:arb Kirkmeyer
David E. Long
Date of signature: 3121e�
111111111111111111 IIII 11111111111111111 III 1111111 IIII
2009-0440
3613275 03/30/2009 11:27A Weld County, CO
1 of 8 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder
EG0060
61(1;
IRk.
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: February 10, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Agreement Concerning Purchase of Right -of -Way for Certain Improvements to WCR 1 with
DJS City Lease/Option, LLC
One original of each is attached.
Enclosures
M 1FrancieAAgend-Leon.doc
11111111111111111Hitt 11111111111�I�11111����illl
3613275 03/30/2009 11:27A Weld County, CO
2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
C!l
2009-0440
• 268
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 1 BETWEEN DJS CITY LEASE/OPTION, LLC AND WELD
COUNTY, COLORADO
7c• T�.
THIS AGREEMENT is made this L / day of L6_(-12009, by and between DJS City
Lease/Option LLC, whose address is 353 Main Street,.L ngmoni, Colorado 80501, 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 10th Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 1, and
WHEREAS, Owner owns the property described in the attached Exhibit "A" Right of Way,
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
realignment 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" Right of Way, attached hereto and hereinafter referred to
herein as the "Right -of -Way" for the sum of Five Hundred and no/100 ($500.00)
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
11111111111 111111 1111113 111 1311II11111111111111
3612268 03/23/2009 04:31P Weld County, CO
1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
XOO2- D9S
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. Owner agrees to grant County a Temporary Construction Easement shown and/or
described on Exhibit "A" Temporary Construction Easement, attached hereto and
hereinafter referred to as the "Temporary Construction Easement". County agrees
compensate the Owner the sum of Three Hundred and no/100 ($300.00) for the
execution of said Temporary Construction Easement.
9. County will reconstruct a portion of the existing irrigation diversion structure and
concrete lined ditch. The plan for the reconstruction is attached hereto as Exhibit "B".
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.
Page 2 of 3 Pages
111111111111 111111 1111 111111 11111 111111 111 11111 IIII 1111
3612268 03/23/2009 04:31P Weld County, CO
2 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: DJS City Lease/Option LLC
Charles Saxton, Agent
ATTEST:
Weld County Clerk
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
By- BY
Deputy Cl to the Board
ATTESTC{G TO BOARD OF COUNTY
CO'MMiSSiONER SIGNATURES ONLY
William F. Garcia, Chair
FEB 1 8 2009
Page 3 of 3 Pages
11111111111111111111111111111111111111111111111 M 1111111
3612268 03/23/2009 04:31P Weld County, CO
3 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT -A
NW 1/4 518-T2N-R68W
LEGAL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH,
RNGE 68 AA PORTIONWEST OF THE
LOT B OF SIXTH RECORDED CIPAL E EMPTIONIAN, NO.10UNTY 313-18F2WELD, STATE RE -3229, ASOF FILEDOINATTHHE WELD
DDBEING
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2911947 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 68 WEST AND
BEING A 2 1/2" ALUMINUM CAP STAMPED A.M. HASCALL LS#23500 AND IS BASED ON A GRID BEARING
OF THE WEST OF 2638.80 FEET ETOFTHE ENORTHWESD T T CORNER OF HWEST T SAID SECTER AS ION, GBEINGTA H 22" ALUMINUM CAP T A DISTANCE
CAP STAMPED
PETER A. BRYANT PLS#20673;
THENCE NORTH 00'11'11" WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER A DISTANCE OF
30.87 FEET;
THECE THENEXIST EXISTING DEPARTINGSAID WEST LINE NORTH
RIGHT-OF-WAY LINE S OFSWELD COUNTY ROADC1 OF SOO.00 BEINGEHET POINT POINT OFON
BEGINNING:
THENCE NORTH 00'11'11" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 33.00 FEET;
FTHENCE EET TO A DEPARTING
ONAID THEEASTERLY EXISTING RIGHT-OF-WAY NORTHERLYRIGHT-OSOUTH F -WAY LINE5O F,WELDTCOUNTYANCE OF 40.83
ROAD 20.5;
THENCE SOUTH 88'10'29" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 25.00 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 412.3 SQ. FT. MORE OR LESS. THE ABOVE NT AND FOR WELD S COUNTY, COLORADO AAND IBS BASED ONSIINFORMATION OBTAINED BY EVERS, IGHT OF WAY E AN ACTUAL SURVEYOR IN
FIELD
SURVEY.
LEON W. SIEVERS
PLS 23520
oouuiffo c,
5"23520
O =
s2oNAl LMS\`,\
��" IIII111�1"\
RIGHT-OF-WAY ACQUISITION
DJS CITY LEASE/OPTION, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
I Dili 11111 DIN 1111111111 IIIII IIIIII III Hall In
3612268 03/23/2009 04:31P Weld County, CO
4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & I
INTERSECI ION IMPROVEMENT
PROJECT.
RC -42
SCALE.
DATE JAN. 9, 2008
DRAWN 6Y. JH13
SHEET:
1 of 2
EXHIBIT -A
NW 1/4 SIB-T2N-R68W
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING
A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-18-2 RE -3229, AS FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2911947 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 68 WEST AND
BEING A 2 1/2" ALUMINUM CAP STAMPED A.M. HASCALL LS#23500 AND IS BASED ON A GRID BEARING
OF THE WEST LINE OF THE SAID NORTHWEST QUARTER AS BEARING NORTH 00'11'11" WEST A DISTANCE
OF 2638.80 FEE TO THE NORTHWEST CORNER OF SAID SECTION, BEING A 2" ALUMINUM CAP STAMPED
PETER A. BRYANT PLS#20673;
THENCE NORTH 00'11'11" WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER A DISTANCE OF
30.87 FEE;
THENCE DEPARTING SAID WEST LINE NORTH 89'48'49" EAST A DISTANCE OF 30.00 FEE TO A POINT ON
THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 1;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'11'11" WEST A DISTANCE OF 33.00 FEE TO THE
POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 00'11'11" WEST A DISTANCE OF 87.00
FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89'48'49" EAST A DISTANCE OF 20.00
FEET;
THENCE SOUTH 00'11'11" EAST A DISTANCE OF 80.16 FEE;
THENCE SOUTH 37'55'39" EAST A DISTANCE OF 23.82 FEET;
THENCE NORTH 88'10'29" EAST A DISTANCE OF 164.83 FEET;
THENCE SOUTH 01'49'31" EAST A DISTANCE OF 20.00 FEE TO A POINT ON THE EXISTING NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 20.5;
THENCE SOUTH 88'10'29" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 175.00
THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 37'55'39" WEST A DISTANCE OF 40.83 FEE FEET;
TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 5,716.4 SQ. FT. MORE OR LESS.
THE AND FOR V WELD S COUNTY, COLORADOARED AND IBY S BASEN W. D ONSIEVERS, RIGHT OF WAY ANT INFORMATION OBTAINED BY AN ACDTUALRESURVEYOR IN
FIELD
SURVEY.
LEON W. SIEVERS c O: / 9
PLS 23520 v� F`
23520 cn
r •
,\\\-
111111111111 /VIII /III 111111 11111111111111 11111 11111111
3612268 03/23/2009 04:31P Weld County, CO
5 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
TEMPORARY
CONSTRUCTION EASEMENT
DJS CITY LEASE/OPTION, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
alzw
VIOc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT
RC -42
SCALE
DATE
JAN. 9, 2008
DRAWN BY: JHB
SHEET: 1 of 2
EXHIBIT -A
NW I/4 S]8-T2N-R68W
NW COR SEC 16
FOUND 2" ALUM CAP
IN RANGE BOX
STAMPED
PETER A. BRYANT
PLS#20673
RO
01
m_
rol
ro
co
z j P.O.B
W 1/4 COR SEC 18
FOUND #6 REB
W/2-1/2" ALUM CAP
IN RANGE BOX IN
STAMPED A.M. i
HASCALL
PLS#23500 — 1996
L1
Ia
-(0
IN I ,
LZIS C77Y LEASE OP77ON, LLC
RECP#3496700
LOT-B/RE-3229
TEMPORARY
CONSTRUCTION
EASEMENT
5,716.4 sf.
ADDITIONAL
R.O.W.
N88'10'29
P.O.C.
O
U)
SW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX
STAMPED PLS#14070 -
1994
TEMPORARY
CONSTRUCTION EASEMENT
DJS CITY LEASE/OPTION, LLC
WCR 20.5 & WCR I
AID 11111 11111IIII III�IIIIIIII 111111 III IIIII IIII IIII
3612268 03/23/2009 04:31P Weld County, CO
6 of 6 R 0.00 D 0.00 Steve Moreno C erk & Recorder
_ *°
" EXISMIG
Amour
LINE TABLE
L1
N89'48'49"E
30.00'
L2
NO0'11'11"W
33.00'
L3
NOO'11'11"W
87.00'
L4
N69'48'49"E
20.00'
L5
500'11'11"E
80.16'
L6
537'55'39"E
23.82'
L7
N8B'10'29"E
164.83'
LB
SO1'49'31"E
20.00'
L9
S88'10'29"W
175.00'
L10
N37'55'39"W
40.83'
IMIONINIMMOS WO Oa MOINE
C 174 CO C 18
FOUND #6 REB W/2-1/2"
ALUM CAP IN RANGE BOX...
STAMPED GREENHORN &
O'MARA INC. PLS#23501
1996
INNS
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 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT
RC -42
SCALE.
1'=50'
DATE: JAN. 9, 2009
DRAWN BY- JHB
SHEET.
2 oft
‘efir4
Mae
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: April 15, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Item
Deed of Dedication and Temporary Construction Easement with DJS City Lease/Option, LLC
(Doc #2009-0440) for improvements to the intersection of WCR 20.5 and WCR 1.
Enclosures
M \Francie W gendteon. doc
J1-nn.L e 21e at -
072/
U. / l /CI di
CD
U7
935
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that DJS City Lease/Option, LLC, whose
address is 353 Main Street, Longmont, Colorado, 80501, being the owner 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.
STATE OF COLORADO )
COUNTY OF LRMty E )
ss.
OWNER:
DJS City Lease/Option, LLC
Charles Saxton, Agen
The foregoing instrument was acknowledged before me this lLI day of
fPrkiZ;1 , 20 oq , by Charles Saxton, Agent for DJS City Lease/Option, LLC
Witness my hand and official seal.
My commission expires: -.5 o°
Page I of 2 pages
11111111111111111111111IIll111111 Ili III 11111 IIII Iill
3617935 04/22/2009 11:14A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
My Commission Expires 05-24-09
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 20th day of April
ATTEST: ik4'!/t!.
CLERK TO THE BOARD
COUNTY COMMISSIO
THE COUNTY OF WE
Deputy Cler to the Board
STATE OF COLORADO )
) ss
COUNTY OF WELD )
,2009
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY:
Will m F. Garcia, Chair,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
04/20/2009
The foregoing instrument was acknowledged before me this 20th day of April
20 09, by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD.
Witness my hand and official seal.
Notary Pu
My commission expires: Ju ,4 e 1/ Z ci o
11111111BI 111111 IIIII till 111111 111111 III 11111 11111111
3617935
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
"-- n of 2 page
My Commission Expires June 1, ?O10
EXHIBIT -A
NW 1/4 S18-T2N-R68W
LEGAL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING
A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-18-2 RE -3229, AS FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2911947 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 68 WEST AND
BEING A 2 1/2" ALUMINUM CAP STAMPED A.M. HASCALL LS#23500 AND IS BASED ON A GRID BEARING
OF THE WEST LINE OF THE SAID NORTHWEST QUARTER AS BEARING NORTH 00'11'11" WEST A DISTANCE
OF 2638.80 FEET TO THE NORTHWEST CORNER OF SAID SECTION, BEING A 2" ALUMINUM CAP STAMPED
PETER A. BRYANT PLS#20673;
THENCE NORTH 00'11'11" WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER A DISTANCE OF
30.87 FEET;
THENCE DEPARTING SAID WEST LINE NORTH 89'48'49" EAST A DISTANCE OF 30.00 FEET TO A POINT ON
THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 1 ALSO BEING THE POINT OF
BEGINNING:
THENCE NORTH 00'11'11" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 33.00 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 37'55'39" EAST A DISTANCE OF 40.83
FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 20.5;
THENCE SOUTH 88'10'29" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 25.00 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 412.3 SQ. FT. MORE OR LESS.
THE ABOVE OF WAY NT AND AND FOR WELD S COUNTY, COLORADO AAND IS BASRED BY OED ONN W. SIINFORMATION TOBTANED BY E AN ACTUAL SURVEYOR IN
FIELD
SURVEY.
LEON W. SIEVERS
PLS 23520
PpOlRrg
OP
•
cP
23520•
;,`10pHAI 1 ANDS \N
1 11111 11111 111111 111111111 11111 11111111
3617935 04/22/2009 11:14A Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY ACQUISITION
DJS CITY LEASE/OPTION, LLC
WCR 20.5 & WCR I
WELD COUNTY, COLORADO
WiiDc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & I
INTERSECTION IMPROVEMENT
PROJECT: SCALE.
RC -42
DATE- JAN. 9, 2008
DRAWN BY JHB SHEET. 1 of 2
EXHIBIT -A
NW I/4 S18-T2N-R68W
NW COR SEC 18 Ei
FOUND 2" ALUM. CAP
IN RANGE BOX
STAMPED
PETER A. BRYANT
PLS#20673
I
L 30'
ROW
-Cl
os
W 1/4 COR SEC 18
FOUND #6 REB
W/2-1/2" ALUM CAP =
IN RANGE BOX 1,%,
STAMPED A.M.
HASCALL
PLS#23500 - 1996 1
E%ISTING
ASPHALT
SW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX
STAMPED PLS#14070
1994 l
I0
CD
1 N
i 30' 1
IROW I
N
iN
C -
NS CITY LEASE/OPTION, LLC
RECP#3496700
LOT-B/RE-3229
ACQUIRED
RIGHT—OF—WAY
412.3 sf.
C
L4
P.O.B.
C1/4 COR SEC 18
FOUND #6 REB W/2-1/2
ALUM CAP IN AS GE B c
STAMPED GREENHORN &
O'MARA INC. PLS#23501
1996
N88'10'29"E ASPHALT
P.O.C.
r
\1PDo41REhii.
P
23520
s/;IiI1�j 111`\\\\ 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.
1 1111 1111 1 111111 11111 1111 11111 1111 11 III 11111 I I I
3617935 04/22/2009 11:14A Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Rec
RIGHT-OF-WAY ACQUISITION
DJS CITY LEASE/OPTION, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT:
RC -42
SCALE.
1' =50
DATE: JAN. 9, 2008 I DRAWN BY: JFIB
SHEET. 2 of 2
936
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between DJS City Lease/Option, LLC, whose
address is 353 Main Street, Longmont, Colorado 80501, 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 all others deemed
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
Easement is for the reconstruction of the existing concrete lined ditch and appurtenances as part
of the construction of improvements to Weld County Road 2012 and 1, 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 3, 2009, and
shall expire and be of no further force or effect on December 31, 2009, or at the
end of irrigation and road construction, which ever is earlier.
2. 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.
5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 page
111111 11111 111111 11111 1111 111111 111111 III 11111 IIII IIII
3617936 04/22/20(19 11:14A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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.
DJS City Lease/Option, LLC
C
Charles Saxton, Agent
STATE OF COLORADO )
)ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me this I `{ day of
PV -11 , 20 by Charles Saxton, Agent for DJS City Lease/Option, LLC.
Witness my hand and official seal.
My commission expires:5.2_1_01
.Z_1 _ O 1
6o-tlio sandy 3 umssnuwoo
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST:
Deputy Clerk o the Board
04/20/2009
COUNTY OF WELD, STATE OF
OLOREkAQ.6RANTEE
William 1~ Garcia, Chairman, Board of
County Commissioners.
Page 2 of 2 pages
11111111111111111114 1111 111111 111111 III III 1111 1111
3617936 04122/2009 11:14A Weld CounfV, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
a&rx - 014<e)
EXHIBIT -A
NW 1/4 S18-T2N-R68W
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING
A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-18-2 RE -3229, AS FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2911947 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 68 WEST AND
BEING A 2 1/2" ALUMINUM CAP STAMPED A.M. HASCALL LS#23500 AND IS BASED ON A GRID BEARING
OF THE WEST LINE OF THE SAID NORTHWEST QUARTER AS BEARING NORTH 00'11'11" WEST A DISTANCE
OF 2638.80 FEET TO THE NORTHWEST CORNER OF SAID SECTION, BEING A 2" ALUMINUM CAP STAMPED
PETER A. BRYANT PLS#20673;
THENCE NORTH 00'11'11" WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER A DISTANCE OF
30.87 FEET;
THENCE DEPARTING SAID WEST LINE NORTH 89'48'49" EAST A DISTANCE OF 30.00 FEET TO A POINT ON
THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 1;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'11'11" WEST A DISTANCE OF 33.00 FEET TO THE
POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 00'11'11" WEST A DISTANCE OF 87.00
FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89'48'49" EAST A DISTANCE OF 20.00
FEET;
THENCE SOUTH 00'11'11" EAST A DISTANCE OF 80.16 FEET;
THENCE SOUTH 37'55'39" EAST A DISTANCE OF 23.82 FEET;
THENCE NORTH 88'10'29" EAST A DISTANCE OF 164.83 FEET;
THENCE SOUTH 01'49'31" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE EXISTING NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 20.5;
THENCE SOUTH 88'10'29" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 175.00
FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 37'55'39" WEST A DISTANCE OF 40.83 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 5,716.4 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.
o\`,\\up0 IRE
LEON W. SIEVERS
PLS 23520
/10 I IMO
Nj
23520
11111111111111111111111 IIII 111111111111 III 11111 IIII IIII
3617936 04/22/2009 11:14A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
TEMPORARY
CONSTRUCTION EASEMENT
DJS CITY LEASE/OPTION, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
WLiDc
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 &
INTERSECTION IMPROVEMENT
PROJECT:
RC -42
SCALE:
DATE. JAN. 9, 2008
DRAWN BY: nis
SHEET. 1 o12
NW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX
STAMPED
PETER A. BRYANT
PLS#20673
30'
ROW
N
o-
P.O.B
W 1/4 COR SEC 18
FOUND #6 REB
W/2 -1/2" -ALUM CAP
IN RANGE BOX IN
STAMPED A:M..
HASCALL
PLS#23500 - 1996
E)OSTMiG
ASPHALT
SW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX
STAMPED PLS#14070 -
1994 l
ADDITIONAL
R.O.W.
EXHIBIT -A
NW 1/4 S18-T2N-R68W
DE CITY LE4SE/OPIION, LLC
RECP#3496700
LOT-B/RE-3229
TEMPORARY
CONSTRUCTION
EASEMENT
5,716.4 sf.
LINE TABLE
L1
N89'48'49"E
30.00'
L2
NO0'11'11"W
33.00'
L3
N00'11'11"W
87.00'
L4
N89'48'49"E
20.00'
L5
SDO'11'11"E
80.16'
L6
S37'55'39"E
23.82'
L7
N88'10'29"E
164.83'
L8
SO1'49'31"E
20.00'
L9
S86'10'29"W
175.00'
L10
N37'55'39"W
40.83'
"E 2600.21'g *P
pJSIING
N8670'29 I ASPHALT
P.O.C.
- ROW
Iw
- N
O
O
En
-
23520
/ifAL I LAND1 \� "\��\\\
- =MIMS - -
C 1%4 CO- RSEC 18
FOUND #6 REB W/2-1/2"
ALUM CAP IN RANGE BOX..
STAMPED GREENHORN &
O'MARA INC. PLS#23501
1996
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
6°Ct
DJS CITY LEASE/OPTION, LLC
WCR 20.5&WCR 1 VLiDc
1111111 IIIII 111111 IIIII IIII 111111111111 III 11111 IIII IIII GRAD°
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 K 1
INTERSECTION IMPROVEMENT
PROJECT:
RC -42
SCALE,
1"=50'
DATE. JAN. 9, 2009
DRAWN BY'. JHB
SHEET
2 of 2
3617936 04/22/2009 11:14A Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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