HomeMy WebLinkAbout20090439.tiffRESOLUTION
RE: APPROVE POSSESSION AND USE AGREEMENT CONCERNING CERTAIN
IMPROVEMENTS TO COUNTY ROADS 1 AND 20.5 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - PLEASANT VIEW FARM, 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 a Possession and Use Agreement
Concerning Certain Improvements to County Roads 1 and 20.5 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 Pleasant View Farm, LLC, 327 Francis 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 Possession and Use Agreement Concerning Certain Improvements to
County Roads 1 and 20.5 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 Pleasant View Farm, 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.
ATTEST:
Weld_ ounty Clerk to the Boar\ik'
BY.
APP
OARD OF COUNTY COMMISSIONERS
LD COUNTY: OLORADO
9
Rademac er, Pro-Tem
Deput Cler + the Board EXCUSED
Sea D P. Conway
ounty torney
Date of signature. 313IC',
ra Kirkmeyer
David E. Long
bluxtuL
2009-0439
AA)/6� EG0060
• 0/6,27 loci
WUk.
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: February 10, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Possession and Use Agreement with Pleasant View Farm LLC for the purpose of rebuilding and
reconstructing a portion of WCR 1 and WCR 20.5 with the accompanying Exhibit B,
Temporary Construction Easement.
One original of each is attached.
Enclosures
M:AFrancicAAgend-I eon.doc
2009-0439
269 3612269 03/23/2009 04:31P Weld County, CO
1 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
1 111111 11111 11111 IIII 111111 III] 111111111 11111 IIII IIII
POSSESSION AND USE AGREEMENT
THIS AGREEMENT is made this 13 day of e J 2009, by and between Pleasant
View Farm LLC, whose address is 327 Francis Street, Lon ont, Colorado 80501, hereinafter
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" for the purpose of granting the
irrevocable right of possession and use to County, its contractors, agents and all others deemed
necessary by County for the purpose of rebuilding and reconstructing a portion of Weld County
road 1 and Weld County Road 20'/. The property involved is described as Exhibit "A" attached
hereto and made a part hereof by reference.
1. In consideration of this irrevocable grant of possession, mutual promises and
covenants contained herein, County will tender the Owner the sum of One
Thousand Two Hundred Fifty and no/100 ($1250.00) dollars. The County shall be
entitled to take possession upon execution of this agreement. It is understood the
sum tendered represents 100 percent of the County's value of just compensation
owed to the Owner. It is agreed this sum shall be deducted from any final settlement
amount, award, or verdict. It is also agreed in the event the ultimate settlement
amount, award, or verdict is less than this amount the Owner shall refund the
difference to the County.
2. The Owner represents that the title to the property is free and clear of all liens and
encumbrances, warrants and will defend title thereto against all claims, except
existing easement of record.
3. Owner agrees to grant the right of way to County by Deed of Dedication.
4. Owner agrees to grant a Temporary Construction Easement, in favor of County, for
additional access onto the Owners property for the construction of the irrigation
manhole and associated irrigation and road work. The Temporary Construction
Easement is attached herein as Exhibit "B" and is made part of the agreement and
shall be executed with this agreement.
5. This agreement is made with the understanding the County will continue to
negotiate in good faith with the Owner to acquire the interest in the property. It is
further understood in the event a settlement is not reached within 90 days of the
signing of this agreement, such failure will be a confession that the negotiations to
acquire the propertied described herein have proved futile. At this point, the County
may begin proceedings in eminent domain to acquire title to the property herein
- 1 -
0?nrr- e, 732
111111 11111 1111111111 11111 IIIIII III 11111 III! Jill
3612269 03/23/2009 04:31P Weld County, CO
2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
described. The County shall not unreasonable delay the commencement of
proceedings under the eminent domain law once the time provided for in this
paragraph has expired. If the County begins proceedings in eminent domain, it is
understood and agreed this agreement shall continue in effect until either a
settlement is reached or a rule and order is entered by the court, as provided for in
C.R.S. 38-1-105(3).
6. It is agreed by the undersigned, in the event proceedings in eminent domain are
begun, the valuation day for determining the amount of just compensation shall be
the date on which payment was tendered to the owner, pursuant to paragraph one
above.
7. This Agreement shall be deemed a contract and shall bind the parties and shall
extend to and bind their heirs, executors, administrators, legal representatives,
successors, and assigns.
8. This Agreement embodies all of the agreements between the parties hereto and there
are no promises, teens, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
IN WITNESS WHEREOF, the parties hereto have subscribed their names this 13n -day of
f€44,41 , 2009.
OWNER:
PLEASANT VIEW FARM LLC
Dave Meglemre, Manager
ATTEST: ii:Tht`""t
CLERK TO THE BOARD
BY:
Deputy Clerk t. the Board
WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF . ELD COUNTY
- 2 -
BY:
William F. Garcia, Chairman
o„ O9
EXHIBIT -A
SW I/4 S18-T2N-R68W
RIGHT OF WAY
LEGAL DESCRIPTION
1111111 11111 111111 III' 111111 11111 111111 III Ill III! 1111
3612269 03/23/2009 04:31P Weld County, CO
3 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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 C OF RECORDED EXEMPTION N0. 1313-18-3 RE -3511, AS FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3060859 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 NORTH LINE OF THE SAID SOUTHWEST QUARTER AS BEARING NORTH 88'10'29" EAST A DISTANCE OF
2600.21 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION, BEING A #6 REBAR WITH A 2 1/2"
ALUMINUM CAP STAMPED GREENHORN & O'MARA PLS#23501.
THENCE NORTH 88'10'29" EAST A DISTANCE OF 29.23 FEET ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER;
THENCE DEPARTING SAID NORTH LINE SOUTH 01'49'31" EAST A DISTANCE OF 30.00 FEET TO A POINT ON
THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 20.5 ALSO BEING THE POINT OF
BEGINNING:
THENCE NORTH 88'10'29" EAST A DISTANCE OF 140.15 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 73'46'23" WEST A DISTANCE OF 117.94 FEET;
THENCE SOUTH 37'44'10" WEST A DISTANCE OF 26.46 FEET;
THENCE SOUTH 05'01'48" WEST A DISTANCE OF 110.58 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF WELD COUNTY ROAD 1;
THENCE NORTH 00'20'22" WEST A DISTANCE OF 159.57 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3392.6 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
RIGHT-OF-WAY ACQUISITION
PLEASANT VIEW. LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
Atc
WRDc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
PROJECT.
WELD COUNTY ROAD 20.5 & I
INTERSECTION IMPROVEMENT
SCALE,
RC -42
DATE.
SEPT. 2, 2008
DRAWN By JHB
SHEET:
of
EXHIBIT -A
SW 1/4 518-T2N-R68W
NW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX STAMPED
PETER A. BRYANT
PLS#20673
P.O.C.
- -
„_„,E_,.,�._6 �_,�_��_
N88•10 29 2600.21' ..o
W 1/4 COR SEC 18
FOUND #6 REB .W/2-1 /2" 29723'1 WO? 213
P.O. B. (Row)
ALUM CAP IN RANGE BOX
STAMPED A.M. HASCALL
PLS#23500 - 1996
EXISTING
ASPHALT
w1
NI
N -
N
o
N -
1
SW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX STAMPED
PLS#14070 - 1994
ACQUIRED
RIGHT-OF-WAY
3392.6 sf.
TEMPORARY
CONSTRUCTION
EASEMENT
2418.9 sf.
P.O.B.(TCE)
C 1/4 COR SEC 18
FOUND #6 REB W/2-1/2
ALUM IN RANGE BOX
STAMPED GREENHORN &
O'MARA INC. PLS#23501
1996
EXI511NG
ASPHALT
U
23520
.D Dcr
PLEASANT VIED, t:r.
1.21
RECP#3221556
LOT-C/RE-3511
LINE TABLE
L1
SO1'49'31"E
30.00'
L2
N88'10'29"E
140.15'
L3
573'46'23"W
117.94'
L4
537'44'10"W
26.46'
L5
SO5'O1'48"W
110.58'
L6
ND0'20'22"W
159.57'
L7
N37'44'10"E
15.65'
LS
SO0'20'22"E
158.77'
L9
589'39'38"W
20.00'
L10
NO0'20'22"W
36.36'
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT S INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
RIGHT-OF-WAY ACQUISITION
TEM
PORARY
CONSTRUCTION EASEMENT
PLEASANT VIEW,IllikWCR 20.5 & WCR 1 1
WELD COUNTY, COLORADO
-- MAD()
11111111111111111111111111111111111111III1111111111111
3612269 03/23/2009 04:31P Weld County, CO
4 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 205 & 1
INTERSECTION IMPROVEMENT
PROJECT.
RC -42
SCALE,
1"=50'
DATE:
SEPT. 2, 2008
DRAWN BY: JHB
SHEET:
3 of 3
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Pleasant View Farm, LLC, whose address
is 327 Francis 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 construction activities during the construction of improvements to Weld County
Road 201 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 February 3, 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.
5. Grantee will construct a new 4 strand barb wire fence along the new right-of-way
line of WCR 20'1 and 1 when this temporary construction easement is no longer
needed. The total length of new fence is approximately 255 If.
6. 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
11111111111111111 IIII 11111111111111111 III liii! 11111111
3612269 03/23/2009 04:31P Weld County, CO
5 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
�c��ny;
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.
PLEASANT VIEW FARM, LLC
Oct_t
Dave Meglemre, Manager
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this lay of
re)o,.0 A r. , 2008, by Dave Meglemre, Manager of Pleasant View Farm, LLC.
Witness my hand and official seal.
My commission expires: OB--OL'O 9
Notary Public
LEON W SIEVERS
$ NOTARY PUBLIC $
% STATE OF COLORADO reilAWAYMAWMflOMO to
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST:
COUNTY OF WELD, STATE OF
COLORAp9 GRANTEE
Deputy Cle to the Board William F Garcia, Chairman, Board of
County Commissioners. r; 719
Page 2 of 2 pages
I11111111111111111111111111111111111111III 11111 IIII IIII
3612269 03/23/2009 04:31P Weld County, CO
6 of 8 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
c 20,09-C '32
EXHIBIT -A
SW 1/4 SIB-T2N-R68W
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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 C OF RECORDED EXEMPTION NO. 1313-18-3 RE -3511, AS FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3060859 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 NORTH LINE OF THE SAID SOUTHWEST QUARTER AS BEARING NORTH 88'10'29" EAST A DISTANCE
OF 2600.21 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION, BEING A #6 REBAR WITH A 2
1/2" ALUMINUM CAP STAMPED GREENHORN & O'MARA PLS#23501.
THENCE NORTH 88'10'29" EAST A DISTANCE OF 29.23 FEET ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER;
THENCE DEPARTING SAID NORTH LINE SOUTH 01'49'31" EAST A DISTANCE OF 30.0D FEET TO A POINT
INTERSECTING THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 20.5 AND THE
EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 1;
THENCE SOUTH 00'20'22" EAST A DISTANCE OF 159.57 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING:
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 0501'48"
FEET;
THENCE NORTH 37'44'10" EAST A DISTANCE OF 15.65 FEET;
THENCE SOUTH 00'20'22" EAST A DISTANCE OF 158.77 FEET;
THENCE SOUTH 89'39'38" WEST A DISTANCE OF 20.00 FEET TO A POINT
WAY LINE OF WELD COUNTY ROAD 1;
THENCE NORTH 00'20'22" WEST A DISTANCE OF 36.36 FEET ALONG SAID
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2418.9 SQ. FT. MORE OR LESS.
EAST A DISTANCE OF 110.58
ON THE EASTERLY RIGHT -OF -
EASTERLY RIGHT -OF --WAY LINE
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
\\\\\\I 'JINN/
�',• Lice ;Fp
i
23520
''P`PSi
°% • .
/?IL LPXp`' vy
/lllll 1111\\ `
ij/
111111 11111 111111 IIII 111111 11111 111111 III 11111 1111 1111
3612269 03/23/2009 04:31P Weld County, CO
7 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
TEMPORARY CONSTRUCTION EASEMENT
PLEASANT VIEW, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
WiiDc.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT:
RC -42
SCALE,
DATE:
SEPT. 2, 2008
DRAWN BY: JHB
SHEET: 2 of=
EXHIBIT -A
SW 1/4 S18-T2N-R68W
NW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX STAMPED
PETER A. BRYANT
PLS#20673
co o-
W
M -
CgH
31
O1
0-
zj
P.O.C
ME XS UM I= IONNIMINIIMISX MI I=
N88' 29'E 2600.21'0
W 1 /4 COR SEC 18 29.23' — — EXISTING
FOUND #6 REB W/2-1/2 WO? 225
ASPHALT
ALUM CAP IN RANGE BOX �ti P.O.B.(Row).
STAMPED A.M. HASCALL _�,
PLS#23500 - 1996
C 1/4 COR SEC 18
FOUND #6 REB W/2-1/2"
_ALUM CAP IN RANGE BOX
R -
STAMPED GREENHORN &
O'MARA INC. PLS#23501
1996
EXISTING
ASPHALT
C,
0
C,
cC
00
= d
a U
o
U C
O N
do
m
ay
f7
a
O 0
0
0,o
0 0
0
IN
040
io 0
o cc
a co
m
N
�rCO
0,w
SW COR SEC 18
FOUND 2" ALUM CAP -
IN RANGE BOX STAMPED
PLS#14070 - 1994
30'
I ROW
co
IP
N -
w
NI
-
01
N
oI
\7µ11111I
9 R€G/ /41,-
23520
ACQUIRED �'� FS�'•
RIGHT—OF—WAY pL r %\
N�'�
3392.6 sf. sf./
RECP#3221556
LOT-C/RE-3511
TEMPORARY
CONSTRUCTION
EASEMENT
2418.9 sf.
P.O.B.(TCE)
V
WELD COUNTY PUBLIC WORKS
DEPARTMENT
LINE TABLE
L1
SO1'49'31"E
30.00'
L2
N88'10'29"E
140.15'
L3
573'46'23"W
117.94'
L4
537'44'10"W
26.46'
L5
505'01'48"W
110.58'
L6
N00'20122"W
159.57'
L7
N37'44'10"E
15.65'
LS
SOO'20'22"E
158.77'
L9
589'39'38"W
20.00'
L10
NOO'20'22"W
36.36'
Mt
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.
RIGHT-OF-WAY ACQUISITION
TEMPORARY CONSTRUCTION EASEMENT
PLEASANT VIEW, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
Mottio
WUDc.
COLORADO
WELD COUNTY ROAD 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT.
RC -42
SCALE,
1'= 0'
DATE:
SEPT. 2, 2008
DRAWN BY: JHB
SHEET
3 of
MEMORANDUM
lURe.
COLORADO
TO: Clerk to the Board DATE: April 13, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Item
Deed of Dedication with Pleasant View Farms (Doc #2009-0439) Possession and Use
Agreement for improvements to the intersection of WCR 20.5 and 1.
Enclosures
M'Trancle\Agend-Lean doc
C'2dhEZ Ce
1/frn/
fit
[AL i\-'1'l_
Z c` > y
1 CC /O7
931
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Pleasant View Farms, LLC., whose
address is 327 Francis Street, Longmont, Colorado 80501, 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.
OWNER:
PLEASANT VIEW FARMS, LLC
Dave Meglemre, Manager
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this911--- day of
EL L , 20 O ri by Dave Meglemre, Manager of Pleasant View Farms, LLC
Witness my hand and official seal.
v Notary Public
My commission expires: °S -4-A-, -09
r .s.�.�
LEON W SIEVERS _
NOTARY PUBLIC $
STATE OF COLORADO
A
Page I of 2 pages
1 111111 11111 111111 11111 1111 111111 111111 III VIII IIII IIII
3617937 04/22/2009 11:14A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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:
CLERK TO THE BOARD O
COUNTY COMMISSIONE
THE COUNTY OF WELD
BY:
Deputy Clerk • the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
, 20 09
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
04/20/2009
The foregoing instrument was acknowledged before me this 20thday of April
20 09 , by William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD.
Witness my hand and official seal.
BEfiM ,,T
/ , QTAfi y '4C
t 1
Notary kublie. '.`.c •
My Commission Expitee June 1. 0
My commission expires: June /7 7 Cy C'
11111111111111111111111111111111111111111111111
3617937 04/22/2009 11:14A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT -A
SW I/4 SIB-T2N-R68W
LEGAL DESCRIPTION
RIGHT OF WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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 C OF RECORDED EXEMPTION NO. 1313-18-3 RE -3511, AS FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3060859 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 NORTH LINE OF THE SAID SOUTHWEST QUARTER AS BEARING NORTH 88'10'29" EAST A DISTANCE OF
2600.21 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION, BEING A #6 REBAR WITH A 2 1/2"
ALUMINUM CAP STAMPED GREENHORN & O'MARA PLS#23501.
THENCE NORTH 88'10'29" EAST A DISTANCE OF 29.23 FEET ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER;
THENCE DEPARTING SAID NORTH LINE SOUTH 01'49'31" EAST A DISTANCE OF 30.00 FEET TO A POINT ON
THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 20.5 ALSO BEING THE POINT OF
BEGINNING:
THENCE NORTH 88'10'29" EAST A DISTANCE OF 140.15 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 73'46'23" WEST A DISTANCE OF 117.94 FEET;
THENCE SOUTH 37'44'10" WEST A DISTANCE OF 26.46 FEET;
THENCE SOUTH 05'01'48" WEST A DISTANCE OF 110.58 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF WELD COUNTY ROAD 1;
THENCE NORTH 00'20'22" WEST A DISTANCE OF 159.57 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3392.6 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
\\\\N zo IRE
✓ a W. SI>...
23520
?J^ to-t� ,5
•
1 111111 11111 111111 11111 I I I 111111 111111 III 11111 1111 1111
3617937 04/22/2009 11:14A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY ACQUISITION
PLEASANT VIEW, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
s6itto,
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT:
RC -42
SCALE;
DATE:
SEPT. 2, 2008
DRAWN BY: JHB
SHEET: 1 of 3
EXHIBIT -A
SW 1/4 S18-T2N-R68W
NW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX STAMPED
PETER A. BRYANT
PLS#20673
tot
M
NI
1
of
o-
zI
ca
P.O.C.
00.21'
W 1/4 COR SEC 18 -229 31
26,_„_,- -
FOUND #6 REB W/2-1/2" , _j1113? 225
ALUM CAP IN RANGE BOXI\,
STAMPED A.M. HASCALL
PLS#23500 — 1996
EXISTING
ASPHALT
N'
30'
I ROW
co l
cri
cq1
w:
"NI
-
SW COR SEC 18
FOUND 2" ALUM CAP
IN RANGE BOX STAMPED®
PLS#14070 — 1994
P. 0.B.(Row)
ACQUIRED
RIGHT—OF—WAY
3392.6 sf.
TEMPORARY
CONSTRUCTION
EASEMENT
2418.9 sf.
P.0.8.(TCE)
wEtamotr, .LL
26700
=-3229
C 1/4 COR SEC 18
FOUND #6 REB W/2-1/2"
ALUM CAP IN RANGE BOX
SISISIISS
STAMPED GREENHORN
O'MARA INC. PLS#23501
1996
*0
L\ASPHALT
ASPHALT
��\11111�-
A G✓
W.
J PLE4S4NT N• -
23520
VIER' II
i
RECP#3221556
LOT-C/RE-3511
LINE TABLE
L1
SO1'49'31"E
30.00'
L2
N88'10'29'E
140.15'
L3
573'46'23"W
117.94'
L4
537'44'10"W
26.46'
L5
505'01'48"W
110.58'
L6
NO0'20'22"W
159.57'
L7
N37'44'10"E
15.65'
L8
500'20'22"E
158.77'
L9
S89'39'38"W
20.00'
L10
NO0'20'22"W
36.36'
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.
RIGHT-OF-WAY ACQUISITION
TEMPORARY CONSTRUCTION EASEMENT
PLEASANT VIEW, LLC
WCR 20.5 & WCR 1
WELD COUNTY, COLORADO
41**4
WING
1 111111 11111 111111 11111 1111111111111111 111 11111 IIII IIII
--- ORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 20.5 & 1
INTERSECTION IMPROVEMENT
PROJECT:
RC -42
SCALE; 1' =50'
DATE:
SEPT. 2, 2008
DRAWN BY: JHB
SHEET: 3 of 3
3617937 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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