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Home My WebLink About20082533.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO BRIDGE 27/66A OVER THE GREELEY CANAL #2, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - PODTBURG AND SONS DAIRY, 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 Weld County Bridge 27/66A over the Greeley Canal #2, 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 Podtburg and Sons Dairy, LLC, 12669 County Road 66, Greeley, Colorado 80631, 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 Weld County Bridge 27/66A over the Greeley Canal #2, 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 Podtburg and Sons Dairy, 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 22nd day of September, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /1411 v41);'J CUSED m H. Jerke, Chair Weld County Clerk to the Board i• be�as oTem BY: Dept Cler the Board Will F. Gar is 4orne Ey / ugl s Radem her Date of signature: lo I210SK 2008-2533 EG0058 ca : PLC), , /9/3aL_ /o--/ li-U 8' MEMORANDUM CTO: Clerk to the Board DATE: Sept. 15, 2008 • COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to Weld County Bridge 27/66A with Podtburg & Sons Dairy, LLC Attached is the appropriate documentation. Enclosures M:\Franci e\Agend-Leon.doc 2008-2533 • AGREEMENT 450 CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO THE WELD COUNTY BRIDGE 27/66A OVER THE GREELEY CANAL#2 NEAR GREELEY, CO., BETWEEN PODTBURG & SONS DAIRY, LLC, A COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of September, 2008, by and between Podtburg & Sons Dairy, LLC, a Colorado limited liability company whose address is 12669 WCR 66 Greeley, CO 80631, 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°i Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Bridge 27/66A over the Greeley Canal #2 near Greeley, CO. and, WHEREAS, Owner owns the property described in the attached Exhibits "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 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 in Exhibits "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of TWO THOUSAND EIGHT HUNDRED EIGHTY DOLLARS and NO/100 ($2,880.00). This consideration is being offered in lieu of condemnation. - l - IIIIIIIIIIIIVIII' I'I'II'll/ IIIIIIIIIIIIIIIIIII IIII IIII 3583450 10/09/2008 04:55P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ?COP- Q53 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements across the property conveyed. Owner shall retain the mineral estate under the Right of Way, including without limitation oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 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 and related documents. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims arising by,through or under Owner, except as provided in Paragraph 2 above. 7. General taxes for the year 2008 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County agrees to compensate the Owner the sum $361.00 for temporary easement referred to as TE-2 described in attached "Exhibits A". 9. County agrees to replace existing irrigation facilities including head gate structure, parshall flume, concrete drop box and 3-sided concrete outlet box left of Station 17+75 (+/-) to station 20+10 (+/-). - 2 -1111111111111111111111111111111111 VIII III 11111 "Ill 3583450 10/09/2008 04:55P Weld County, CO 2 of 6 R 0.00 0 0.00 Steve Moreno Clerk & Recorder IT IS MUTUALLY AGREED that the tenns 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. OWNERS: Podtburg & Sons Dairy, LLC, a Colorado limited vt liability company By: p Jmn � as YY1< l3az Date : 9-it '0 �rI ATTEST: 14.111 \ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF gyp) \ OLORADO Weld County Clerk to the Of ,, By: ��.i /i.._ �� /C BY: Y.St. l lX• "� G--� Deputy Clerk to tl 71oard Robert D. Masden, Chair Pro—Tem 09/22/2008 1111111 11111 111111 11111 VIII 111111 11111 III 11111 1111 1111 3583450 10/09/2008 04:55P Weld County, CO 3 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder - 3 - &OOP- cal 53, EXHIBIT-A NE 1/4 S19-T6N-R66W LEGAL DESCRIPTION PARCEL-2 RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER A DISTANCE OF 20.02 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH OD'42'30" WEST A DISTANCE OF 389.56 FEET; THENCE SOUTH 45'26'59" EAST TO A POINT ON THE WESTERLY RIGHT OF WAY LINE A DISTANCE OF 28.41 FEET; THENCE SOUTH 00'42'30" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 368.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7579.9 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. \\\�\111 II I HIII LEON W. SIEVERS \\\p pO "REQ;� iii, PLS 23520 ‘ O •V;j 9 % V. 23520 'U' = � 7-2I-02 q��ii X�AL LMC•• \\O�. 111111111111 111111 1111111111111111111111111111111111111 3583450 10/09/2008 04:55P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION ?At DEPARTMENT t4ITIRH WELD COUNTY ROAD 27 PODTBURG &SONS DAIRY BRIDGE PROJECT WELD COUNTY ROAD 27 link PROJECT: SCALE; GREELEY, COLORADO BRO C030-030 COLORADO DATE JUNE 11,2008 DRAWN BY: SHEET: 1 of 3 EXIIIBIT-A NE I/4 SI9-T6N-R66W \ 'PPr.g' 1 1 ego 1 1 \ ' 8SRIWITNESS COR. EAST 1/16'11ceDa N_ iS, `� FOUND 3 1/4" ALUM. i •c cc 111�m, 1 _ 1 CAP IN RANGE BOX a.o se �\ loon i` 1 j I STAMPED LS #10855 nnin —- c d 111101 — 0 U \ - n u m mom—V C \ O 1,11111! �'o i o Irvin-�� I 1 ado -\ o iiiii, � �V = I m tunu,OO� I I-3� Hnm��♦ 0, �f�� S �Maa > N — 1111111 iiiiiii!�Q�•`a� .n EDWARD F7d@ELIY .IHM —U,y il1)IlP.��r V/I t0 o:.6 SMERILOW 0 0 11011 :4 ZIP 1ii at N bi RECP#2316784 "1 nI1lu4y,4 Ic' 1 t wo N nnll U'tj��f �- 11111111/ C n TEMPORARY \C 11111111�� m13 �� \I / MEM�' CONSTRUCTION 8-1g1 !;��j L,,b o �� DO RE. /// f =oo EASEMENT z ❑nt01 QQQ 011.1 \�J \, :'• / 0111.0)��OO�i V)-IN=N ` L •.c<` i MI o •c 9502.7 sf. •1t1"' �� I a Q , ¢ III co a 0 1 �13: —tom 111111 ��ssy m 1I Z - ' 23520—v 1 ink Z _ Mm,r L 1111 �..�1 011111111 a.d OQ 99991 �� '10111111 ��.....•• 110i11 11111 i 1iin ink "1001O' FODTBURG & SONS DAIRY 11111 . 1111'fai i I RECP#3554604 a ,c51 mimic cc. Jo 1n1uTo � �i I �oqO ,-'3._o Hurn Q °-unrN �♦ I 1 ��, ,p -uulmd �i w = 1 O a mow �� 0 1 el Sd 111111� �i r'1 = e- Pe, �� of I I l� 1111111 �,. = F 1111111 N LINE TABLE mill 0 I 1111111 0 L1 586'35'23"W 20.02' wow�� 11) 1 lnlur�i��i;i ACOUIROF L2 545'26'59"E 28.41' in mini ��r RIGHT-OF-WA ... 0 991)1- Oil♦ L3 S8635'23"W 49.98' 6 9Huu 7579.9jsf. M 1111111'. L4 N68'25'05"E 32.03' — multi mum I LS 539'14'09"E 1852' nHIIIl%%v 1 011 110 �� I 1 L6 545'26'59"E 12.02' 11111 �� , unn �i {, I 1 - ,�H i e �� TATRICIT, 4 7 j 7i.tCzr7.7 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A N .111111 MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. o 11111 aI0--►� RECP#2801143 IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. a 111111 ROW111111 �� I I P.O.B. 111111 : P.O.B. I (T.C E.) mUii i4.. I (R.O.W.) — — — ,,,,n1L3!): L1 _Ai-- "' CENTER EAST 1/16 COR. �7 586'35'23"W "^ 30.03' / R =ARA Hai in 0 1 FOUND 3 1/4" ALUM. CAP JEN, eft �I1vIH BOO) 7,31.186 I IN RANGE BOX STAMPED RECP#2403734 LS #10855 (POINT OF COMMENCEMENT) RIGHT-OF-WAY ACQUISITION 6 WELD COUNTY PUBLIC WORKS & ‘09-�, DEPARTMENT TEMPORARY CONSTRUCTION EASEMENT WELD COUNTY ROAD 27 POD I'BURG & SONS DAIRY WIIDcBRIDGE PROJECT WELD COUNTY ROAD 27 PROJECT: SCALE: GREELEY, COLORADO BRO C030-030 1"=60' COLORADO DATE: JUNE 11,2008 DRAWN BY:JHB SHEET: 3 of 3 EXHIBIT-A. NE I/4 S19-T6N-R66W LEGAL DESCRIPTION TE-2 TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING: THENCE SOUTH SOUTH 86'35'23" WEST ALONG SAID SOUTH LINE A DISTANCE OF 49.98 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 68'25'05" EAST A DISTANCE OF 32.03 FEET; THENCE NORTH 00'42'30" WEST A DISTANCE OF 130.00 FEET; THENCE NORTH 28'17'14" WEST A DISTANCE OF 69.00 FEET; THENCE NORTH 54'17'13" EAST A DISTANCE OF 39.00 FEET; THENCE NORTH 00'42'30" WEST A DISTANCE OF 190.00 FEET; THENCE SOUTH 39'14'09" EAST A DISTANCE OF 18.52 FEET; THENCE SOUTH 45'26"59" EAST A DISTANCE OF 12.02 FEET; THENCE SOUTH 00'42'30" EAST A DISTANCE OF 389.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 9502.7 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 p\``\\.?,PDOIREG/'' , PLS 23520 • ./ 7-Z h-o I HID IIIII IIIIII 11111 11111 11111111111 III IIIII IIII IIII / q( S\\Y • ////;71/ ************ `\\ 3583450 10/09/2008 04:55P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder TEMPORARY 6 WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT A )(11:64 DEPARTMENT rR WELD COUNTY ROAD 27 PODTBURG&SONS DAIRY Wr`n C. BRIDGE PROJECT WELD COUNTY ROAD 27 C PROJECT: SCALE: GREELEY, COLORADO BRO C030-030 COLORADO DATE: JUNE 11,2008 DRAWN BY: SHEET: 2 013 MEMORANDUM ITO: Clerk to the Board DATE: October 21, 2008 C. COLORADO FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item The Temporary Construction Easement and Deed of Dedication attached are supporting documentation for the Agreement with Podtbury & Sons Dairy LLC, document no. 2008-2533 One original of each is attached. Enclosures M:\Francie\Agend-Leon doc tc j �.) 7 ll 3 G �� r co S4 / / ?/9' �' �' F �� o'� �te4 TEMPORARY CONSTRUCTION EASEMENT 1� A Temporary Construction Easement between Podtbury & Sons Dairy, LLC, a Colorado limited liability company (Owners), whose address is 12669 WCR 66 Greeley, CO 80631 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 purpose of access to reconstruct driveway during the construction of improvements to Weld County Bridge 27/66A over the Greeley Canal #2 near Greeley CO., 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: 1. Said Temporary Construction Easement shall commence on November 1, 2008, and shall expire and be of no further force or effect on November 1, 2009, or at the end of 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 Sixty One Dollars and no/100 ($361.00) for the execution of this Temporary Construction Easement. Page 1 of 2 pages 1 111111 11111 111111 11111 111111 III 1111111 111 11111 011 111 3587876 11/03/2008 04:22P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &DS 531. • 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. PODTBURG/& SONS ' 1 DAIRY, LLC, a Colorado limited liability company �Gr �. k Ye/��By �. &-"t Title: c{7W k--e-L STATE OF COLORADO ) )ss COUNTY OF WELD ) -1'h The foregoing instrument was acknowledged before me this I5 day of Deotatar , 2008, by: 'VD;C acrd � -kktur as r Podtburg and Sons Dai , LLC, a Colorado limited liability company. a.% Witness my hand and official seal. It?Omsk it Ofioir________ - -' _._ Notar ' �.r �rN My commission expires: cP<1 EXP103 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. /I �l ATTEST: 141441 ;.---1-.- COUNTY OF WELD, STATE OF �- ri , COLORADO, GRANTEE ,` 14:ZP i Vie-,-t.," Deputy Cle o the Board o -)+ William H. Jerke, Chairman, Board of ' . County Commissioners. 10/27/2008 11111111111111111111111111111 III 1111111 III IIIII IIII IIII 3587876 11/03/2008 04:22P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder &D0S''— 07-5112 • EXH�j p IBIT-A NE 1/4 S19-T6N-R66W LEGAL DESCRIPTION TE-2 TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE of WCR 27 A DISTANCE OF 30.03 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH SOUTH 86'35'23" WEST ALONG SAID SOUTH LINE A DISTANCE OF 49.98 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 68'25'05" EAST A DISTANCE OF 32.03 FEET; THENCE NORTH 00'42'30" WEST A DISTANCE OF 130.00 FEET; THENCE NORTH 28'17'14" WEST A DISTANCE OF 69.00 FEET; THENCE NORTH 54'17'13" EAST A DISTANCE OF 39.00 FEET; THENCE NORTH 00'42'30" WEST A DISTANCE OF 190.00 FEET; THENCE SOUTH 39'14'09" EAST A DISTANCE OF 18.52 FEET; THENCE SOUTH 45'26'59" EAST A DISTANCE OF 12.02 FEET; THENCE SOUTH 00'42'30" EAST A DISTANCE OF 389.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 9502.7 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 `c\ p,D0,REG'/��,, P LS 23520 / F 9 O ;e -722520a 11111111111111111 IIIII 111111 III 1111111 III IIIII IIII IIII -tq�.� ' 3587876 11/03/2008 04:22P Weld County, CO q LA,,, ta``° 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder TEMPORARY WELD COUNTY PUBLIC WORKS CONSTRUCT ION EASEMENT a DEPARTMENT x"11 WELD COUNTY ROAD 27 PODTBURG&SONS DAIRY BRIDGE PROJECT WELD COUNTY ROAD 27 PROJECT: SCALE: BRO C030-030 GREELEY, COLORADO COLORADO DATE: JUNE 11,2008 DRAWN BY: SHEET: 2 of 3 • • • - DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Podtburg& Sons Dairy, LLC, a Colorado limited liability company whose address is 12669 WCR 66 Greeley, CO 80631, 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. Podtburg & Sons Dairy, LLC, a Odolorado limited liability company STATE OF COLORADO ) ) ss. COUNTY OF ) Yh The foregoing instrument was acknowledged before me this le day of ((rtIQ A.' , 20 Og, by Podtburg & Sons Dairy, LLC, a Colorado limited liability Witness my hand and official seal. otmonsis Not 4+'Mr My commission expires: Reo8Ite � f i •S�nrn��NN cb' 8'ON EXp%f tS 1111111 11111 111111 11111 111111 III 1111111 III 11111IIIIIII! 3587875 11/03/2008 04:22P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 1 of 2 pages 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 27th day of October , 20 08 • ATTEST: i"keili al..4 • ,, COUNTY OF WELD, A BODY CLERK TO THE BOARD .f111.'j\. CORPORATE AND POLITIC OF THE COUNTY COMMISSION O 47 ` % STATE OF COLORADO THE COUNTY OF WEL fi�isbi ��c .N.N_., BY: L /sr/. " I I J_ C�.'e BY: ,i---7ti.i` Deputy Clerk . the Board William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 10/27/2008 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before methis27th day of October 20 08,by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official se 40?: '(r . <?'NpTARF 5. i.it b ,; /ZGI�I ' a , Pub i• (2);\.,PUBLtG..lc? :ai$My commission expires: oFCoN ',Ay COMiSCder maser",, uq ?CO' Page 2 of 2 page 111111111111 111111 11111 DIE III 1111111 111 11111 IIII I'll 3587875 11/03/2008 04:22P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder &OAP--6)6 EXHIBIT-A NE 1/4 SI9-T6N-R66W LEGAL DESCRIPTION PARCEL-2 RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86'35'23" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER A DISTANCE OF 20.02 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00'42'30" WEST A DISTANCE OF 389.56 FEET; THENCE SOUTH 45'26'59" EAST TO A POINT ON THE WESTERLY RIGHT OF WAY LINE A DISTANCE OF 28.41 FEET; THENCE SOUTH 00'42'30" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 368.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7579.9 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. \lllll V I I I/UI/ LEON W. SIEVERS \\00.9.11t9„ "ii PLS 23520 \�� l • /;• F9 i 23520 = St 7 Z 1-OR • \V \\\\? S S AL '7;140 \\ /MN IlHMO 1 111111 11111111111 1111 111111 M I111III III 111111111 IIII 3587875 11/03/2008 04:22P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION a DEPARTMENT • WELD COUNTY ROAD 27 PODTBURG &SONS DAIRY gape BRIDGE PROJECT WELD COUNTY ROAD 27 PROJECT: SCALE GREELEY, COLORADO • BRO C030-030 COLORADO DATE: JUKE 11,2008 DRAWN BY: SHEET: 1 of 3 • • EMI yy r�� ya g� I K I ■ m ® NE I/4 SI9-T6N-R66W oq a , • ai o On � WITNESS COR. EAST 1/16 O \ �s, c� S FOUND 3 1/4" ALUM. _ate Il'6' 11 I CAP IN RANGE BOX .. \\ 111111 a I STAMPED LS #10855 —- =5 • u n n .�.�.E' i'8 c " \otPMi)1 — \ oS d mf •y n .. IMM=n!cn \ 111111'��I� =i0 EDWA'II N. 4 BLIZABiEvTH At Oa limn mitt:,�p0 111111`..I.�.I O:pj 5714gifilbOTV O 1111111... Z a N b nnu1O��•I CC 1O RECP#2316784 1111111.�.,�� I N I actp nl 1111111♦��.�f, _-N TEMPORARY \-� moll m- \�O11111110 —c c o, 111' 1 0f I. I \\ 00. .. .0> —oo CONSTRUCTION o no^1 QQ� u-=o �� Igo EASEMENT Z 111(i �� mIN -.7 LL F �1.0 9502.7 sf. .111 col �iit aIo I �, <<,*.c:1 m col ..♦ _nv 911 Nil p C01O Ul• 7--- =--o mu1Pp�. n 1.— 1m .� :Z I — 23520 _ _-0,.d. E 1177111 ��',7_., .(�•. • 7-21-03 '�� 11111111 �� 1 c t`'••.. 1 111111111 N�9otuiiiiii1111 co ! II // qC ••• On„1i1� 11111 � I q/111 ///I1uiriv T\\\ PGDTBURG & SONS DAIRY L ; l',1111,111'I . I�.J 6' mum-- cc.. .. e. RECP#3554604 i9 mun'b .2 Q�( I 'o,llurn •.. Cs. 0.11 n 1'N • 2- � I 1 ��S y. linen. % LU = *.- l l l l n° Ir1:. l l l li n N: 111111i w 1111111''• 71-'' = FN LINE TABLE tninr.�. o. I L1 58635'23"W 20.02' wo11111ii �i a ACQUIRLD o L2 545'26'59"E 28.41' a 111111 111111ii RIGHT-OF-WA i ,� m•„ L3 S86'35'23"W 49.98' o wow 7579.9 isf. I n 11111111 / L4 N68'25'05"E 32.03' — noun�r ', on i L5 539'14'09"E 18.52' 11111111 a 3 mow I L6 545'26'59"E 12.02' O ,111 11111111.1111 O - , �� n n nET'4tTRIC7A L E 0 CL/77Y NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A N .nMottunt tip . (//:I 1 RECP°2801145 1 MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. o In1n1 IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL o 1111111 �. 6 DESCRIPTION ONLY. Z mint ROW iii ** �: P.O.B. , (T.C.E.) 11 ��. . / ' 0.w _ -- 1- P.O.B_NIW1II • 586'35'23"`A' n'A' ''L31 II 1 ll L1 ` --30.03' CENTER EAST 1/16 COR R WARD, PHYLLE ® � FOUND 3 1/4" ALUM. CAP 7fcH, itINIM!J ILLLG'. SIN RANGE BOX STAMPED RECP#2403734 LS #10855 (POINT OF COMMENCEMENT) RIGHT-OF-WAY ACQUISITION WELD COUNTY PUBLIC WORKS ti4;- ,& DEPARTMENT TEMPORARY CONSTRUCTION EASEMENT6 WELD COUNTY ROAD 27 POD 1'BURG & SONS DAIRY WIlDO� BRIDGE PROJECT WELD COUNTY ROAD 27 PROJECT: SCALE: GREELEY, COLORADO BRO C030-030 1"=60' COLORADO DATE: JUNE 11,2008 DRAWN BY: JHB SHEET: 3 of 3 Hello