HomeMy WebLinkAbout20082625.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - BRIDLE CREEK, 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 13 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 Bridle Creek, LLC, 911 Hildebrand Lane NE, Suite 203,
Bainbridge Island, Washington 98110, 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 13 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 Bridle Creek, 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 29th day of September, A.D., 2008.
BOARD OF COUNTY'S WELD COUNTY, COMMISSIONERS
/ COLORADO
ATTEST: g 'L< mow'
• s'. illiam H. Jerke, Chair
Weld County Clerk to thePrf-
BY VOA Ro trt D. M Pro-Tem
U y;
De ty Cle to the Boa L✓
Willi�Garcia
APP D AS T •
David E. Long
Coun y rney
Douglas adema her
•
Date of signature: I° p /c
2008-2625
EG0058
t? 0 PiAJ -OS-(2 r
KeD
it MEMORANDUM
WIIlCTO: Clerk to the Board DATE: Sept. 24, 2008
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Agreement Concerning Purchase of ROW for Certain Improvements to Weld County Road 13 with
Bridle Creek LLC
Attached is the appropriate documentation.
Enclosures
M:\Francie\Agend-Leon.doc
2008-2625
•
AGREEMENT
880
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN BRIDLE CREEK, LLC, A COLORADO LIMITED
LIABILITY COMPANY AND WELD COUNTY, COLORADO
nth
THIS AGREEMENT is made this j 9 day ofmde(;2008, by and between Bridle Creek,
LLC, a Colorado Limited Liability whose address 911 Hildebrand Lane NE Suite 203 Bainbridge
Island, WA 98110 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 13, 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 SIXTY THOUSAND SEVENTY FIVE and 00/100
($60,075.00) DOLLARS. This sum includes $49,775.00 for land and $10,300.00 for
replacement of irrigation improvements (divider boxes, scaper work and ditch work).
Owner agrees that this payment represents full compensation for the irrigation structures
removed by construction of the road improvement and that no further claims will be
made for these facilities. This consideration is being offered in lieu of condemnation.
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INDIUM MIME 111111 III 1111111 III 11111 IIII 1111
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2. Owner agrees to grant the Right-of-Way to County by General Warranty Deed,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.
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
4. The parties agree that they have previously entered into a Possession and Use Agreement
dated October 11, 2007, which granted possession of the Right of Way and
Permanent/Temporary Easements, referred to in this agreement. Parties also agree that
they entered into an agreement dated July 3, 2008 to compensate the owner for
replacement of the diversion box and replacement of the irrigation ditch between stations
143 and 154 + 32 required to be removed as a result of construction of Weld County
Road 13
5. Owner agrees that compensation in accordance with the Possession and Use Agreement
($53,548.00) and the irrigation facilities replacement agreement($10,300.00) has been
paid and no additional payment will be made as a result of this agreement.
6. 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.
7. 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.
8. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto
against all claims.
9. 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.
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10. Owner agrees that compensation in the sum$96.00 for a permanent easement referred
as PE-7 described in attached"Exhibit B")has been paid and no additional payment will
be made as a result of this agreement.
11. Owner agrees that compensation in the sum$3,677.00 for temporary easement referred
as TE-7, TE-7 North and TE-7 South described in attached "Exhibit C" has been paid
and no additional payment will be made as a result of this agreement.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be
binding upon the heirs, executors, administrators, successors, and assigns of the respective parties
hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: Bridle Creek,LLC, a Colorado Limited Liability Company
By: 4CTitle: CG V
Date: 9/ ,% /200$
.'T
f1° T BOARD OF COUNTY COMMISSIONERS
r
cs.N. OF WELD COUNTY, STATE OF
COLORADO
T4county Glerk to the Board 4BY: a4.4_ - _./ BY: 't.„5 /—G„--
Deputy Clerk o the Board William H. Jerke , Chair
- 3 - 09/29/2008
1111111 11111 111111 1111 111111 III 1111111 III 111111111 1111
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MEMORANDUM
CO TO: Clerk to the Board DATE: October 21, 2008
. FROM: Leon Sievers,Public Works Department
COLORADO
SUBJECT: Consent Agenda Item
The enclosed Exhibit "B" Grant of Permanent Easement and Special Warranty Deed are both the
supporting documentation for the two Agreements with Bridle Creek LLC document nos.2007-3344 and
2008-2625.
One original of each is attached.
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Enclosures
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M:\Francie.Agend-Leon.doc .1-21
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Consent u9edi?, itionio8
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Possession& Use 9.10.07 • http://docs.google.cor /pacificwestservices.com/View?doclD=d7<
`38 POSSESSION AND USE AGREEMENT
835
THIS AGREEMENT is made this :I day of Cc kDL,,<T ,2007,by and between Bridle Creek,LLC,a
Colorado Limited Liability Company whose address is 911 Hildebrand Lane NE Suite 203,Bainbridge
Island, WA 98110 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 to 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 13. The property involved is described as Exhibit"A",a Permanent Easement described as
Exhibit"B"and a Temporary Construction Easement described as Exhibit"C" 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 FIFTYTHREE THOUSAND FIVE HUNDRED
FOURTY EIGHT and no/100(53,548.00)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 and is listed on the
Compensation Computation worksheet attached hereto as Exhibit"D". 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,except existing easements,warrants and will defend title thereto against all
claims.
3. 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
p ; herein described.
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= 3 f 4.The County shall not unreasonably delay the commencement of proceedings under the eminent
a as
domain law once the time provided for in paragraph 3 has expired. If the County begins
m cc
H 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
o provided for in C.R.S. 38-1-105(3).
0
moo
-R, 5. It is agreed by the undersigned,in the event proceedings in eminent domain are begun,the
o valuation day for determining the amount of just compensation shall be the date on which payment
limo-- was tendered to the owner, pursuant to paragraph one above.
= .,, 5. 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.
miim.co
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36198 1/28/2007 02.04P Weld County, Co )0'7-83t ofz I R 0.00 I1 0.00 Steve Moreno Clark&Recorder 10/12/2007 5:0:
Possession&Use 9.10.07 • http://docs.google.cory;,(pacificwestservices.c0mNiew?doclD=d7(
•
5. This Agreement embodies all of the 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.
IN WITNESS WHEREOF,the parties hereto have subscribed their names this_.'j day of
OcktAn ' ,2007.
OWNER: Bridle Creek LLC,a Colorado Limited e7 Liability Company
By: 4C...642tArtty Title: 41 Q 1I ti
Date: i O (/o /2O0
Chairman, Bo d of 2 ty colnmi/sion set t-,::
�_
ATTEST: ,`;;J:t:-%N//''Ari/✓-i•` a'% -4--7,c4),-(:;;-.7..,...,--3,.
Illyyy}}}t " .1
V COUNTY CL 7K T/O��tTHE BOARD p c ''�
By: (t✓t1 tt LIZ f Idniti
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HIV 1111111111111111111111111111 III 1111(III IIII
361986 11/28/2007 02:04P Weld County, CO
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1102-33
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EXHIBIT"A"
PROPERTY DESCRIPTION
(1 of 3)
A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way,being a part of
that parcel of land described in that Bargain and Sale Deed (BSD) recorded December
30, 2003 as Reception No. 3139889 of the records of the Weld County Clerk and
Recorder (WCCR), located in the Northwest Quarter(NW l/4) of Section Eighteen (18),
Township One North (T.IN.),Range Sixty-seven West (R.67W.) of the Sixth Principal
Meridian (6th P.M.),County of Weld, State of Colorado, and being more particularly
described as follows:
COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming
the West line of said NW1/4 as bearing North 00°09'18"West, being a Grid Bearing of
the Colorado State Plane Coordinate System,North Zone,North American Datum
1983/92, a distance of 2659.46 feet with all other bearings contained herein relative
thereto:
THENCE South 89°37'31"East along the South line of said NW1/4 a distance of 30.00
feet to the East Right-of-Way (ROW) of said WCR13 as established by that accepted
Road Viewer's Report (RVR) recorded April 18, 1884 in Book 48 at Page 109 of the
records of the WCCR,said point being the POINT OF BEGINNING;
The following Two (2)courses and distances are along said East ROW:
THENCE North 00°11'29"West a distance of 0.29 feet;
THENCE North 00°09'18" West a distance of 2629.13 feet to the South ROW line of
Weld County Road No. 10 (WCR10) as established by that Resolution recorded October
14, 1889 in Book 86 at Page 273 of the records of the WCCR;
THENCE South 89°32'56"East along said South ROW a distance of 60.00 feet;
THENCE South 00°09'18" East a distance of 2564.43 feet to a Point of Curvature (PC);
111$111111111111111MIIIIIIIIIII111lin11111111 o f
3588438 11/0612008 12:33P Weld County,3 of 14 R 0.00 0 0.00 Steve Moreno Clerk&Recorder
11111111111111111 IIIII 11111 111111 IIIII III 11111]III]III 34995 •.
3511. cCion
3513885 11/28/2007 02:04P Weld County, CO e •44z- •
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200429SQroperty descriptions\ROW-7-PROP-DPSC.doc
Last printed 2/19/2007 11:05 AM
•
(2 of 3)
THENCE along the arc of a curve which is concave to the West a distance of 64.91 feet,
said curve having a radius of 1565.00 feet, a central angle of 02°22'35" and a long chord
bearing South 01°02'00"West a distance of 64.91 feet to the South line of the NW1/4 of
said Section 18;
THENCE North 89°37'31"West along said South line a distance of 58.66 feet to the
POINT OF BEGINNING;
Said parcel contains 3.621 acres,more or less (±), and is subject to any rights-of-way or
other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
I,Steven A. Lund,a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was prepared under my personal supervision and checking,
and that it is true and correct to the best of my knowledge and belief.
P��0.°11w-R.
' 34995 l' a oc
Steve b4 t0 alf of King Surveyors, Inc.
Colorado Professional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor, Colorado 80550 1111111 lull VIII'VIII VIII 111111 VIII III VIII 1111 I11I
(970) 686-5011
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JN: 2004295
111111 11111 11311 111111101 11111 III 11111 IIII IIII
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M:120042951pmperry descriptions\ROW-7-PROP-DESC.doc
Lan primed 2/19/2007 11:05 AM
• BRIDLE CREEK, LLC
RIGHT-OF-WAY •
I NWY4 SEC. 18, T.1 N., R.67W.
I I I (3 of 3) SWAMI mourn; MAPIM7Y 2
- no77A .Lr a CARL4 JOHNSON J1OR'hiCt im i i� -�_ Bee FEG NORTH CORNER
r SEC. 18, T.1 N., R.67W.
_ 4'J L3 tr/Z'Ll)COIINTYROADATO..1O 4 o
--_— a -_ -a 0-
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NORTHWEST CORNER 7 L30' R.O.W. PER WELL COUNTY
SEC. 18, T.IN., R.67W. RESOLUTION OF 1889 U N
_
- I 750'PUBLIC SERVICE COMPANY OF COLORADO
-ELEC,R/C& COMMUN/CA77ONS EASEMENT(B579
I REC NOS 1501255& 1501256) 0 0,
HOWARD 8. JL4LHY&EG Ai •
J .W 1117.814 74Ct 166169 60' RIGHT-OF-WAY U •
87re7 lDl•R PER ACCEPTED ROAD VIEWER'S REPORT
_
DATED 4-17-1884 41
RECORDED 4-18-1884 B48 P109 "1 H M
THERE/S AN EASEMENT 10 771E AMERICAN Q ,F-1 N
TELEPHONE AND TELEGRAPH COMPANY FOR A 1- W o
LINE TABLE I r., TELEPHONE et TEZECRAPH LAVE EASEMENT/N INE W Ca
LINE BEARING LENGTH Y Mfr SEC. 14 TIN, 8.67W LOCAROV CANNOT BE , _
DETERMINED FROM OEED..(8909 P271)
Lt NOO11'29"E 0.29'0.0C a I in N RRAADLr CREEK LC U QQ -
L2 ND011'29"W 0.29'
L3 689'32'56"E 60.00' H REC NO 31-744989 a'
L4 N89'37'31"W 58.66' a
ThM4&4 MMRIS ti 7NERE/5 AN EASEMENT 70 THE AMER/CAN H
LOT -r 887677 3 3 W 7FZEPHONE AND RZECRAPH COMPANY FOR A 0 a!
SRC T41 3217,604 b) a0 COMMUN/CANON SYSTEMS EASEMENT/N THE M/r U.1 m
p SEC 14 TIN, R..67W 771E EASEMENT/S 765'WOE .-1
771E NES?ERL Y BOUNDARY OF THE EASEMENT/S J'
z� 0 b M£5T AND PARALLEL 01771 7HE FIRST CABLE LAND. ta
0 LOCAI/OV CANNOT BE DETERMINED FROM DEED.(1J. u
.B�OBCB C� Co 81071 P2/5)RISC NO 15624SO U
e NOTE: This exhibit drawing is not intended to be a
monurnented land survey. It's sole purpose is as a
o graphic representation to aid in the visualization of the ARC NO Haatap written property description which it accompanies. The
RR3�Ix4RD L a. L g0:1' written property description supersedes the exhbll drawing.
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RKZWARO 2 a 2B7TT L ROOS L2-• Steve . • f'behalf of King Surveyors, Inc,
8&6 ROC TO Istria Colorado' «' a-Professional
3 Land Surveyor #34995
WEST QUARTER CORNER 4 CENTER QUARTER CORNER
SEC. 18, TIN.. R.67W. SEC. 18, T.1N., R.67W.
POINT OF COMMENCEMENT L7 POINT OF BEgNNING 400 200 0 400
I I Imam Atm
Lyf WN°ESTATES LCC i
I I n FARM at
'WC I2M615742M62M61574A Rem NO .�r�/ 1"= 400'
5I
Ari,i KING SURVEYORS, INC. PROJECT NO:2004295
DATE:02/13/2007
III'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII , DWO:R FHU
WG:ROW-7-BRIDLE CREEK
35111835 11/28/2007 02:04P Weld County,CO DRAWN:MCD CHECKED:SAL
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111111111111 MINI 1111111111111111111VIIIIIIilIII
3588438 11106/2008 12:33P Weld County,CO
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SPECIAL WARRANTY DEED
NO
DOCUMENTARY
THIS DEED,dated as of the day of 2008 between FEE REQUIRED
Bridle Creek L.L.C.,a Colorado Limited Liability Company State of
Colorado,grantors,and Weld County Colorado,whose
legal address is 1111 H Street,Greeley CO 80632-0758,grantee:
WITNESS, that the grantor, for and in consideration of the sum of FORTY NINE THOUSAND SEVEN
HUNDRED SEVENTY FIVE AND 00/00 ($49,775.00), The receipt and sufficiency of which is hereby
acknowledged,has granted,bargained, sold and conveyed,and by these presents does grant,bargain,sell,convey
and confirm unto the grantee,its successors and assigns forever,all the real property,together with improvements,if
any,situate,lying and being in the County of Weld and State of Colorado,described as follows:
SEE EXHIBITS'A'
PARCEL NO.7
PROJECT NO.2004295
Assessor's schedule or parcel number: 146918200013
TOGETHER with all and singular the hereditaments and appurtenances [hereunto belonging, or in anywise
appertaining,the reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the
estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the
above bargained premises,with the hereditatnents and appurtenances;
'1'O HAVE AND'1'O HOLD the said premises above bargained and described,with the appurtenances,unto the
grantee,its successors and assigns forever.The grantor,for himself and for his heirs and personal representatives,
does covenant,grant,bargain,and agree to and with the grantee,its successors and assigns,that at the time of the
enseating and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right, full power and lawful
authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and
clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of
whatever kind or nature socvcr, except any existing easements and general taxes for 2008 and subsequent years.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet
and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof by,through or under grantor.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
BRIDLE REEK�_ 14.CC.,`k Colorado Limited Liability Company
By: 4yyyy .. ,fjV7
Title: „V/0'h4
STATE OF WASHINGTON )
1/ )ss.
COUNTY OF /—I'F51 ) 1.4
The foregoing instrument was acknowledged before me this /5 day of (/ fl by 2008
by: 13M4 C.G of awly as m6�r Y of Bridle Creek,LTC,a Colorado Limited
Liability Company. o
Witness my hand and official seal. p
My commission expires�: 0-/5.-1-0615.-1-061r// --
`s ▪ �6▪ sslon S.0 I.,'
F.: Notary Public
lee m
Notary •I
i Public 3
1.r1 /C:
,,o/WO50 0
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1111111111111111111111111111 11111111111II11111111111111
3588438 11/06/2008 12:33P Weld County,CO
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dr2'i7-33Ny
ACCEPTANCE
The County o f 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: .•;g ail COUNTY OF WELD, A BODY
CLERK TO THE BOARD : , CORPORATE AND POLITIC OF THE
COUNTY COMMISSION;' N L '. ' �� STATE OF COLORADO
THE COUNTY OF WEL iss! F
F J
BY: . - BY: ! �lw
Deputy Clerk o 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 me this 2 7 thday of Oct ob e r
20 08,by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD.
Witness my hand and official s 2 .•• `‘
v NQTAR t1, I a
IP� l lli1 C}
it
�y Pu
Or CC:12
My commission expires: MvCnrnt c r
Page 2 of 2 page
1111111 11111 11111111111 11111 11111111111II111111 I I I I I I I I
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•
EXHIBIT"A"
PROPERTY DESCRIPTION
(1 of 3)
Two parcels of land, for temporary construction easement purposes,being parts of that
parcel of land described in that Bargain and Sale Deed (BSD) recorded December 30,
2003 as Reception No. 3139889 of the records of the Weld County Clerk and Recorder
(WCCR) located in the Northwest Quarter (NW1/4) of Section Eighteen (18), Township
One North (T.IN.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian
(6th P.M.), City of Dacono, County of Weld,State of Colorado, and being more
particularly described as follows:
North Easement
The South Fifty (50) feet of the North One Thousand One Hundred Fifty-seven (1157)
feet of the East Forty (40) feet of the West One Hundred Thirty (130) feet of said parcel
of land described in said Reception No. 3139889.
Said parcel contains 2,000 sq. ft.,more or less (±), and is subject to any rights-of-way or
other easements of record or as now existing on said described parcel of land.
South Easement
COMMENCING at the West Quarter(W1/4) corner of said Section 18 and assuming
the West line of said NW1/4 as bearing North 00°09'18" West,being a Grid Bearing of
the Colorado State Plane Coordinate System,North Zone, North American Datum
1983/92,a distance of 2659.46 feet with all other bearings contained herein relative
thereto:
THENCE South 89°37'31"East along the South line of the NW1/4 of said Section 18 a
distance of 88.66 feet to the POINT OF BEGINNING,said point being the beginning
point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the West a distance of 43.25 feet,
said curve having a radius of 1565.00 feet, a central angle of 01°35'01"and a long chord
bearing North 01°25'47" East a distance of 43.25 feet;
1111111111111111111111111III11110HEM BENIN
3588438 11/06/2008 12:33P Weld County, CO
8 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
`".►FNA
111111111111111111111111111111111111111111111111111111 s '
34995
3519835 11/28/2007 02:04P Weld County, CO
1yoer'17 R 0.00 D 0.00 Steve Moreno Clerk&Recorder S .4•4,4
M:\2004295\property descriptions\TCE-7-PROP-DESC.doc
Last printed 2/19/2007 11:27 AM "a'
• •
(2 of 3)
THENCE South 89°21'43"East along a line being non-tangent to aforesaid curve a
distance of 110.00 feet to the beginning point of a curve,said curve being non-tangent to
aforesaid line;
THENCE along the arc of a curve which is concave to the West a distance of 42.75 feet,
said curve having a radius of 1675.00 feet, a central angle of 01°27'44" and a long chord
bearing South 01°22'09"West a distance of 42.75 feet to the South line of the NW 1/4 of
said Section 18;
THENCE North 89°37'31"West along said South line a distance of 110.05 feet to the
POINT OF BEGINNING.
Said parcel contains 4,730 sq.ft., more or less (±), and is subject to any rights-of-way or
other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was prepared under my personal supervision and checking,
and that it is true and correct to the best of my knowledge and belief.
ce
(frO•, F41A ,
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;1 34995 —1`Zi
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Steven n behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor, Colorado 80550 I IIIIII IIIII VIII'VIII IIIII IIIIII IIIII III I'll/IIII IIII
(970) 686-5011 3588438 11/08/2008 12:33P Weld County, CO
9 of 14 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder
JN: 2004295
111111111111111111111111111111111111111 IIIIII III 101
3519835 11/28/2007 02:04P Weld County, CO
Law 17 R 0.00 D 0.0D Steve Moreno Clerk&Recorder
M:\2004295\property descriptions\TCE-7-PROP-DESC.d°c
Last printed 2/19/2007 11;27 AM
•
TEMPORARY CONSTRUCTION• BRIDLE CREEK, LLC
EASEMENT NWY4 SEC. 18, T.1N., R.67W.
I II (3 0£3)sugary 2 mown M4RM v L
I Bowan t C4R1A JOHNSON HOBBS
,014CC er0 Co77n851C12LS Lan Y :-1-`�_ AH9 lac Nsa CMS
AEC N77 ]27BS r' — NORTH QUARTER CORNER
1 SEC. 18, T.IN., R.67W.
J i trzzoCOUN7YROADNO.10
NORTHWESTOR CNER% L30' WE R.O.W. PER LD COUNTY
SEC. 18, T.1N., R.67W. RESOLUTION OF 1889 0 w
— 150'PUBL/C SERNCE COMPANY L1'COLORADO
a o I —ELEC/R/C et CAI/MUN/CA AANS EASEMENT(B579 n r
I NEC NOS 1501255 et 1507256)
HOWARD IL z HOWARDR 22.478Y a 30' RIGHT-OF-WAY U
.10A73HALM'IHALM' PER ACCEPTED ROAD VIEWER'S REPORT
11747 RISC NO Jear51 —_
I DATED 4-17-1884 a' in in
RECORDED 4-18-1884 B48 P109 O C n
I U a v
1107' THERE'S AN EASEMENT 10 THE AMERICAN
TELEPHONE AND IELECRAPH COMPANY FORA al
LINE TABLE I I TELEPHLNE d' TELEGRAPH LINE EASEMENT/N THE e r -a
LINE BEARING LENGTH M/,SEC 14 TIN., R.57W LOCAPOY CANNOT BE Q _a n N
Ll 589'37'31"E 88.66' to DETERMINED TROT/DEED(8909 P271) W 0 6 0
L2 Se9R1'43'E 170.00' n 2,000sq.ft. p r 0 0
L3 N89'3T31'W 110.05' m p ,ri,n
TAMARA NE7RW6 N 40' U — f',N,,-
LOT
r RE-1677 90' THERE/5 AN EASEMENT TO THE AMER/CAN w'
,-
NEC ryO 227/Wil 3 50' 1ELEPHOYE AND T£ECRAPH COMPANY FOR A
°Z..) I COMMON/CA TION SYS/fMS EASEMENT/N THE Alb to
SEC 14 T/AC R 67W THE EASEMENT/S 165' 0 n N
1 O I WOE TIE NESIERL Y BOUNDARY Or DIE 6 'Iv;
o EASEMENT/S 2'NEST AND PARALLEZ WW TN£
z I FIRST CABLE LAIO. LOCADON CANNOT BE
EEPPOCH 2. 7'®173 �!i_y DEIERM/NE7l FROM OEED(87072 P215) >
AEC NCr ISMS z�i` U
g' 5
&O tx I NOTE: This exhibit drawing is not intended to be a U
� monumented land survey. It's sole purpose is as a
m} I graphic representation to aid in the visualization of the
written property description which it accompanies. The
RRCLIRD S t EE77YL ROGLS 1[... CI) I written property description supersedes the exhibit drawing.
RHO NIR SCRIM I i'P�0O REGAS,,.,.
C.NENA !^
RR7LSRD 2 & BETTY L
N ROW ' -
RHO n 24,3P4324,3P43I
I .34995 - —I
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Ste r aM••� •ehalf of King Surveyors, Inc.
Colara rofessifessionanal
RICHARD 2 It BETTY L. ROOS Land Survey. '34995 f
SUS RISC NCI 1737PAI L2
1 C2 4730 s4 it.
WEST QUARTER CORNER L3 CENTER QUARTER CORNER
SEC. 18, T.1N., R.678. I I POINT OF BEGINNING SEC. 18, T.1N., R.67W.
POINT OF COMMENCEMENT I I LI 400 200 0 400
I I II 'HICKS AND JOHNSON
I34001V0 JiSTAINS lLC
REC IVO 2081574 I i uP 1"= 400'
KING SURVEYORS, INC. PROJEC0T�NNO:oo;295
111111 VIII 11111111111111111111111111111111111111 VIII III 111111 III 1111 DWGNTCEH 7—BRIDLE CREEK
3619835 11/28/2007 02:04P Weld County,CO DRAWN:MCD CHECKED:SAL
U48' 17 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
11111111111111111111 1111111111111111111 I I I HMI t i l l
3688438 1110612008 12:33P Weld County,CO
10 of 14 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
EXHIBIT "B"
GRANT OF PERMANENT EASEMENT
This Grant of Permanent Easement is made by and between Bridle Creek LLC,a
Colorado Limited Liability Company(Owner), whose address 911 Hildebrand Lane NE Suite
203 Bainbridge Island,WA 98110 (collectively referred to herein 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 l0'i Street,Greeley,Colorado 80631 ("County").
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,Owner hereby grants, sells,assigns, conveys and quit claims to County a non-
exclusive,perpetual easement, for the purpose of the relocation and maintenance of a drainage
culvert.
The location of the easement parcel is described as follows:
Sec Easement Exhibit"A" and Easement Exhibit Map
The Permanent Easement hereby conveyed is for the drainage easement for a culvert.
Upon execution of the Permanent Easement by Owner, County, its contractors, agents,
employees and all others deemed necessary by County shall have the irrevocable right to possess
and use said Permanent Easement for the construction and maintenance of said drainage
easement for a culvert. This conveyance shall be deemed to include sufficient land for the
construction and maintenance thereof including rights of entry upon,passage over any of
material and equipment on such area as may be necessary or useful for the construction,
maintenance,and repair of said drainage easement for a culvert.
This Easement shall be binding upon,all and inure to the benefit of, and be enforceable
by the parties,their successors and assigns. The Easement shall be governed and constructed in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
OWNER: Bridle Creek, LLC., as Colorado Limited Liability Company
By: /�] �vC""���u1
Title: �i'vl
I11111111111111111111111111111111111111III IIIII III IIII
3588438 11/06/2008 12:33P Weld County, CO
11 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aoo-7-334
,i7a'a.�lc2`
..''' i t r
wr� = n • ==
STATE OF ) ,�t
)ss. • .'cf c anst2od O`a.
COUNTY OF gieS�p ) K file of Wosr,,:'
II The foregoing instrument was acknowledged before me this _1 "5— clay of OcFa ber-
2008,by, Mt .C.Gollts as Wt+itlokw Bridle Creek, LLC., a Colorado limited
liability company. v
Witness my hand and official seal.(sati r ) _�/�,""/"
Notary Public
My commission expires: ? '/S'2-00g
The Grantee hereby accepts this easement for the purposes set forth herein on this the
27th day of October ,2008.
•
COUNTY OF WELD, STATE OF
ATTEST: , COLORADO, GRANTEE
. I
�
4
�iJ�✓,�� . r 1 f..4 't /.1.--/-,..,
Deputy Cler o the Board t�' i` ,1 William Ft. Jerke, Chairman,Board of
County Commissioners of Weld County,
Colorado
10/27/2008
`otltll ll/1,t�'
ad.•T.co/i'',
i Notary t dit
Public
5
1111111 IIIII IIIIII IIIII IIIII IIIIII IIIII III IIIIII III IIII
3588438 11/0612008 12:33P Weld County, CO L. GrD7- 33V 5
12 of 14 R 0.00 D 0.00 Steve Moreno Clerk&Recorder t9m6)• ,&d 07:
r.
EXHIBIT"A"
PROPERTY DESCRIPTION
(1 of 2)
A parcel of land,for easement purposes,being a part of that parcel of land described in
that Bargain and Sale Deed (BSD) recorded December 30, 2003 as Reception No.
3139889 of the records of the Weld County Clerk and Recorder (WCCR), located in the
Northwest Quarter (NWI/4) of Section Eighteen (18),Township One North (T.1.N.),
Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), City of
Dacono,County of Weld, State of Colorado, and being more particularly described as
follows:
The South Twenty (20) feet of the North Fifty (50) feet of the East Eighteen (18) feet of
the West One Hundred Eight (108) feet of said parcel of land described in said Reception
No. 3139889.
Said parcel contains 360 sq. ft., more or less (±), and is subject to any rights-of-way or
other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was prepared under my personal supervision and checking,
and that it is true and correct to the best of my knowledge and belief.
�r.• VE A(gyp ' °:
I34''•5 • i
-0-1
Steven!' . alf of King Surveyors, Inc.
Colorado Regis ered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor, Colorado 80550(970) 686-5011 I SI11111 III III 11111111111 IN III 111111111111
3588438 11/0612008 12:33P Weld County, CO
IN: 2004295 13 of 14 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
M12004295\propedy descriptions\ESMT-7-PROP-DESC.doo
Last printed 2/1912007 11:35 AM
^T I I BRIDLE CREEK LLC
EASEMENT
Va N SEC. 18, T.1N., R.67W.
(2of2)
L___÷J — —
/ —
--I I —
— — —
— —
/ i/ I NOTE: This exhibit drawing is not intended to be
/
i I a monumented land survey. It's sole purpose is
/ i� I as a graphic representation to aid In the
/ / visualization of the written property description
/ I I which it accompanies. The written property
/ II i description supersedes the exhibit drawing.
---------- -I J II
II NORTH QUARTER CORNER
'�� NORTHWEST CORNER SEC. 18, T.1N., R.67W.
_____-------1 II SEC. 18, T.1N., R.67W. — _ —
WELD COIlN7T ROAD NO.10 _ so' r -
_ — — — — — — - - - 90'— 18' �30' R.O.W. PER WELD COUNTY
360s RESOLUTION OF 1889
I R.� ZO'
150'PURL/0 SERNCE COMPANY OP COLORADO
Vikm. I ELECTR/C& COMMUN/CADONS EASEMENT.(8579
REC NOS 1501255 & 15012563
- - — - - - - 301
L I 30' RIGHT-OF-WAY
~r 100 50 0 100 PER ACCEPTED ROAD VIEWER'S REPORT
I § DATED 4-17-1884
I RECORDED 4-18-1884 B48 P109
1"= 100' O
r .
BRW c.RaK LW
I RBC NO mastic
I � I
p0 REp4,'..
o: ENA
s Q. i I I WEST QUARTER CORNER
I4,. x-995 syrISEC. 18, T.1N., R.67W.
Steven`'. ., �' ' - elf of King Surveyors, Inc.
Colorado ' rofessional
Land Surveyor #34995
TITX1f- CTTRATRW RS INC. PROJECT NO:2004295
setDATE:02/13/2007
1 111!1111111111111111111111111111 IIIII III 111111 III IIII 30553821° DWG"ESMTU 7 BRIDLE CREE
3588438 11/06/2008 12:33P Weld County, CO DRAWN:MCD CHECKED:SAL
14 of 14 R 0.00 D 0.00 Steve Moreno Clerk&Recorder —
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