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Home My WebLink About20080305.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13, ACCEPT TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - THE FARMERS RESERVOIR AND IRRIGATION COMPANY 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, and a Temporary Construction Easement 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 The Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, and accept said easement, copies of which are 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,and the Temporary Construction Easement 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 The Farmers Reservoir and Irrigation Company be, and hereby are, approved and accepted, respectively. 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 28th day of January, A.D., 2008. E L, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ikeil `t- i elLw F= , Nil ' m H. Jerke, Chair Weld County Clerk to the Boar / \� Robert . M sden Pro-Tem By: Au �Q o De t�ty Cler o the Boar J Wil Gam' APP A CP David E. Long ounty Attorney °u Dougla Rademach r Date of signature: I /0CS 2008-0305 e v' jL EG0056 • MEMORANDUM TO: Clerk to the Board DATE: 1/23/2008 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Agreement and Temporary Construction Easement for improvements to WCR 13 with Farmers Reservoir and Irrigation Company. M:AFrancieAAgend-Leon.doc r� _ N 2008-0305 • P • 464 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN THE FARMERS RESERVOIR AND IRRIGATION COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 15 day ofNnufte'{, 2008, by and between The Farmers Reservoir and Irrigation Company whose address is 80 S. 27th Ave, Brighton, CO 80601 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 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 ONE THOUSAND THREE HUNDRED EIGHTY EIGHT and 00/100 ($1,388.00) 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. - 1 - 11111111111111111lull' VIIIVIIIVIIIIIIVIIIIIIIIIII 3533464 02/05/2008 11:43A Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder dccf-c3es • 3. Owner shall retain right to continue to access the canal road adjacent to the canal from CR 13. 4. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 5. 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. 6. 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. 7. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 8. 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. 9. County agrees to compensate the Owner the sum of$352.00 for a temporary easement referred as temporary easement described in attached"Exhibit B". - 2 - 111111111111 In tali ii)I ii iL3UfltV III IIIII lilt VIII 3533464 02105/2008 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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: The Farmers Reservoir and Irrigation Company \`�i,uuuuun„e IA _ -_ Xskne —1 � F -_ Date: G� r T SAC :`2 y/ .lNdow•o•� mnnuaa ATTEST: i BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO 11:a Weld County Clerk to the d Acer t IW 4 yy�>f/ By: \ VU 1 all C Gt BY: `'--,�1vo putt' erktotheBo�d William H. Jerke, , Chair JAN 2 8 2008 - 3 - 1 ILO VIIIIIIIII ill VIIIVIIIVIIIIII111111IIIIII 3533464 02/05/2008 11:43A Weld County, CO 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,&CCa'- 030 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 Quit-Claim Deed (QCD) recorded January 28, 1910 in Book 314 at Page 431 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Seven (7), Township One North (T.1N.), 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 7 and assuming the West line of the NW1/4 of said Section 7 as bearing North 00°02'33" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 89°47'58" East along the South line of said NW1/4 a distance of 30.00 feet to the East Right-of-Way (ROW) line 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; The following Two (2) courses and distances are along said East ROW line: THENCE North 00°00'53" East a distance of 0.09 feet; THENCE North 00°02'33" East a distance of 1531.44 feet to the Southerly line of that parcel of land described in said Book 314 at Page 431, said point being the POINT OF BEGINNING; THENCE continuing North 00°02'33" East along said East ROW line a distance of 99.90 feet to the Northerly line of that parcel of land described in said Book 314 at Page 431, 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 Southeast a distance of 34.33 feet, said curve having a radius of 125.00 feet, a central angle of 15°44'06" and a long chord bearing North 61°22'20" East a distance of 34.22 feet to the beginning point of a curve, said curve being non-tangent to aforesaid curve; THENCE along the arc of a curve which is concave to the East a distance of 97.68 feet, said curve having a radius of 1445.00 feet, a central angle of 03°52'23" and a long chord bearing South 02°13'57" East a distance of 97.66 feet to the Southerly line of that parcel of land described in said Book 314 at Page 431, said point being the beginning point of a curve, said curve being non-tangent to aforesaid curve; CA .-................ ) 111111111111111111111111111111111111111111111111111111 °,`/( 1t NA.C - 3533464 02/05/2008 11:43A Weld County, CO , 3445 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder S l ,, e M:\2004295\property descriptions\ROW-BULL CANAL-PROP-DESC.doc Z.e Last printed 2/22/2007 9:31 AM (2 of 3) The following 2 courses and distances are along said Southerly line: THENCE along the arc of a curve which is concave to the Northwest a distance of 28.94 feet, said curve having a radius of 173.29 feet, a central angle of 09°34'02" and a long chord bearing South 60°22'18" West a distance of 28.90 feet to a Point of Reverse Curvature (PRC); THENCE along the arc of a curve which is concave to the Southeast a distance of 9.84 feet, said curve having a radius of 155.00 feet, a central angle of 03°38'14" and a long chord bearing South 63°20'12" West a distance of 9.84 feet to the POINT OF BEGINNING; Said parcel contains 3,182 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 t anndd correct to the best of my knowledge and belief. ,eta Q., 3499 1, Steve -`k , ., . , o of of King Surveyors, Inc. Colorad:' �' _ •`"ofessional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 111111 IIIII 111111111111 IIIII lit aril IIIII IIII 3533464 02/05/2008 11:43A Weld County, CO 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk:Recorder Recorder M:\2004295\property descriptions\ROW-BULL CANAL-PROP-DESC.doc Last printed 2/22/2007 9:31 AM p, BULL CANAL l))) ` RIGHT-OF-WAY NWY4 SEC. 7, T.1 N., R.67W. I SWARD R. & I 1.17424 S (3 of 3) NORTHWEST CORNER_yi EEC %a .2634O73 ° w w3 3 SEC. 7, T.1 N., R.68W. o io N 60' RIGHT-OF-WAY W N N ID N PER ACCEPTED ROAD Pa a o i7 VIEWER'S REPORT x z v°i D (0 DATED 4-17-1884 U RECORDED 4-18-1884 848 P109 mmm J o o t _ N CO Q c0 o E �r6](� x rro6 I O m G� h•�� Huly ��'_..�np W U 'NA' rn a c�e 2 1l1! - drio M iN 'v V d M L""_ ® (,7W Q .- 0 0 0 M I o _i U llJld`"' „9yg4Pla p-r-i 0 0 N o 0 !�" fw"" U 0 N el- - Ln _a o Z c4 vy j 3,1S2sft. -c F mimRBC MO WHIM C r 4r0m (cci ai o m THERE/S AN EASEMENT TO THE AMER/CAN .] o\o O 0 - G� TELEPHONE AND TELEGRAPH COMPANY FOR W =o x rn TELEPHONE AND TELEGRAPH LINES IN SEC. Z T.IN., 7 a.- a R.67WY. DEED STATES THAT CENTERLINE OF POLE & o o o -v m LINE TO BE MAINTAINED WITHI/V THE LIMITS OF THE u ODo�i 0 0 HIGHWAY& NOT MORE THAN ONE FULL GUYED W' —R t0 I z FIXTURE WILL BE CONSTRUCTED ALONG SAID Z PROPERTY. X9909 P467 7 I m NOTE: This exhibit drawing is not intended to be a 0 monumented land survey. It's sole purpose is as a graphic 'a I representation to aid in the visualization of the written 0 in z property description which it accompanies. The written I C ` — 5 property description supersedes the exhibit drawing. 0. V I LINE TABLE wl !I LINE BEARING LENGTH L1 589'47'58"E 30.00' 6 of L2 NO0'00'53"E 0.09' z L3 NO0'02'33"E 99.90' 50 25 0 50 ^G0 FiETtS , 1 50' v 34995 -Zoo-‘ WEST QUARTER CORNER i SEC. 7, TAN., R.68W. S POINT OF COMMENCEMENT Steve behalf of King Surveyors, Inc. Colorado ed Professional —Lt —V—L2 Land Surveyor #34995 KING SURVEYORS INC. PROJECT NO:2004295 DATE: 02/13/2007 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ROW—BULL CANAL www.kingsurveyors.com DRAWN: MCD CHECKED: SAL EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between The Farmers Reservoir and Irrigation Company (Owner), whose address 80 S. 27th Ave Brighton, CO 80601 (Grantor)and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for purpose of widening Weld County Road 13 and the bridge crossing the irrigation canal in and to, over, under and across the following described land: SEE EASEMENT EXHIBITS "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 January 1, 2008, and shall expire and be of no further force or effect on January 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 FIFTY TWO and no/100 ($352.00) dollars for the execution of this Temporary Construction Easement referred as temporary easement described in attached "Exhibit A". 1111111 11111111111111111110111111111111111111111111111 3533464 02/05/2008 11:43A Weld County, CO 7 of 11 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. The FarmersReservoir andd Irrigation Company F(By 1 ' tQr(\a 0 l V`1\*Ovb h Title: sSL't Q-1\cS( t\ y1,ot cs STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this n day of, i4QQ , 2008, by Ic mititi\ty m \/q as Q'Nentie_AL(\W\#\6Ele.. The Farmers Reservoir and Irrigation Company. Witness my hand and official seal. `® ®� W( 2Pot ArsoFG,e� y. My° q}lssion pg,\ \c‘W) y GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: iLd COUNTY OF WELD, STATE OF • '≥ COLORADO, GRANTEE 952 D p ty Cle to the Board -. iam H. Jerke, Chairman, Board of County Commissioners. JAN 2 8 2008 111111111111111111111111 1111111111111 III 111111111111 3533464 02/05/2008 11:43A Weld County, CO 8 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder :??0D).1-G,3Dj PROPERTY DESCRIPTION (1 of 3) A parcel of land, for temporary construction easement purposes, being a part of that parcel of land described in that Quit-Claim Deed (QCD) recorded January 28, 1910 in Book 314 at Page 431 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Seven (7), 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 7 and assuming the West line of the NW1/4 of said Section 7 as bearing North 00°02'33" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 89°47'58" East along the South line of said NW1/4 a distance of 30.00 feet to the East Right-of-Way (ROW) line of Weld County Road No. 13 (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; The following Two (2) courses and distances are along said East ROW line: THENCE North 00°00'53" East a distance of 0.09 feet; THENCE North 00°02'33" East a distance of 1531.44 feet to the Southerly line of that parcel of land described in said Book 314 at Page 431, said point being the beginning point of a curve, said curve being non-tangent to aforesaid line; The following 2 courses and distances are along said Southerly line: THENCE along the arc of a curve which is concave to the Southeast a distance of 9.84 feet,said curve having a radius of 155.00 feet, a central angle of 03°38'14" and a long chord bearing North 63°20'12" East a distance of 9.84 feet to a Point of Reverse Curvature (PRC); THENCE along the arc of a curve which is concave to the Northwest a distance of 28.94 feet, said curve having a radius of 173.29 feet, a central angle of 09°34'02" and a long chord bearing North 60°22'18" East a distance of 28.90 feet to the POINT OF BEGINNING; The following Three (3) courses and distances are along said Southerly line: THENCE continuing along the arc of a curve which is concave to the Northwest a distance of 18.32 feet, said curve having a radius of 173.29 feet, a central angle of 06°03'29" and a long chord bearing North 52°33'33" East a distance of 18.31 feet to a PRC; THENCE along the arc of a curve which is concave to the Southeast a distance of 17.41 feet, said curve having a radius of 40.00 feet, a central angle of 24°56'26" and a long chord bearing North 62°00'01" East a distance of 17.27 feet to a Point of Compound Curvature (PCC);c.. Rc_G�y• • A itp . 1 Q. 1111111 11111 111111111111 11111 1111111111111 11111 11111111 I11111111111111111111111111111111111111I11111111111II s : 34996 �i 3533464 02/05/2008 11:43/1/4Ste Weld County, CO v n 9 0l 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder °—a iilas M:\2004295\property descriptions\TCE-BULL CANAL-PROP-DESC.doc Last printed 2/22/2007 9:43 AM (2 of 3) THENCE along the arc of a curve which is concave to the Southeast a distance of 67.93 feet, said curve having a radius of 805.00 feet, a central angle of 04°50'06" and a long chord bearing North 76°53'17" East a distance of 67.91 feet; THENCE North 10°41'40" West, non-tangent to aforesaid curve, a distance of 85.00 feet to the Northerly line of that parcel of land described in said Book 314 at Page 431, said point being the beginning point of a curve, said curve being non-tangent to aforesaid line; The following 2 courses and distances are along said Northerly line: THENCE along the arc of a curve which is concave to the Southeast a distance of 75.10 feet, said curve having a radius of 890.00 feet, a central angle of 04°50'06" and a long chord bearing South 76°53'17" West a distance of 75.08 feet to a PCC; THENCE along the arc of a curve which is concave to the Southeast a distance of 11.41 feet, said curve having a radius of 125.00 feet, a central angle of 05°13'51" and a long chord bearing South 71°51'18" West a distance of 11.41 feet to the beginning point of a curve, said curve being non- tangent to aforesaid curve; THENCE along the arc of a curve which is concave to the East a distance of 97.68 feet, said curve having a radius of 1445.00 feet, a central angle of 03°52'23" and a long chord bearing South 02°13'57" East a distance of 97.66 feet to the POINT OF BEGINNING. Said parcel contains 8,074 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. eOG REG% a° 4Q(c n do as- S �" 2 Steven gf if of King Surveyors, Inc. Colorado Re rofessional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 IUD 11111 111111111111 11111 1111111111 I I 1111111 I I 11111 3533464 02/05/2008 11:43A Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\TCE-BULL CANAL-PROP-DESC.doc Last printed 2/22/2007 9:43 AM TEMPORARY CONSTRUCTION BULL CANAL EASEMENT NWY4 SEC. 7, T.1N., R.67W. I '' RI, AZa (3 of 3) I ILLVEJ4 S wwwww33w NORTHWEST CORNERA RBC Nrz n `° oN SEC. 7, T.1N., R.6 W. 60' RIGHT-OF-WAY IS -0N in o V M • 7.0 [.0 N N MP ;n N (YJ M O N N f0 i0 ,- N PER ACCEPTED ROAD x z z z z z N N SI VIEWER'S REPORT U E I DATED 4-17-1884 c0 RECORDED 4-18-1884 B48 P109 Ca a'1 a I MM Clm N ,0 r m Ni-U N w J �l in'I{JJV"'0r W -- CVS 1. O 09 H O N N O O i[1 N � 2 m 8�j4sgft' W < W �• ,r; oron tO lrI,Nn —y rw N gAN W Q 2 ON O OOO a+ w — ID� W � � ®� "� _e„ r� O N 0� 0 0 0 0 0 ��'H.,�r��,rp] I`m_d_9Y O N N O O O O O ��CO I N /� A A Lif5n N M O 0 O N In o /// 11 4 u `aKSricimm `ra -rci O • - O o coo IZ I C5 -O x _-N o CJ� Icg .41Y8� o corn ,o 7r co . t to —00 Z 65 RBC Ma amass W 6 m cd r-: m N men"cc., w Gti POINT OF BEGINNING Len —v—coT C1 THERE-IS AN EASEMENT TO THE AMER/CAN W <` O wo 1 TELEPHONE AND TELEGRAPH COMPANY FOR N n w (0 N -10 r ca TELEPHONE AND TELEGRAPH LINES IN SEC. 7, T.7N., a O O O O O O O O -03 T a R..67W. DEED STATES 77-/AT CENTERLINE OF POLE U m LINE TO BE MAINTAINED i tW/IN NE C/NITS OF 771E HIGHWAY 4- NOT MORE 77/AN ONE FULL GUYED V' I FIXTURE HILL BE CONSTRUCTED ALONG SAID II PROPERTY X8909NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. I w I LINE TABLE 2 nI LINE BEARING LENGTH Q3� f L1 S89'47'58"E 30.00' o L2 N00'00'53"E 0.09' 50 25 0 50 Z L3 N10'41'40"W 85.00' , te':.�`' _�, -- NA'', • 1 "= 50' I / d,•� C�c - ,1?-,10�� ; I 34495 .2 -----\ WEST QUARTER CORNER I �'^ `*-� f . SEC. 7, T.1N., R.68W. Co `t POINT OF COMMENCEMENT v - a= Steven din. ehalf of King Surveyors, Inc. Colorado rofessional —L1 k..\/—L2 Land Surveyor #34995 KING SURVEYORS INC. PROJECT NO:2004295 DATE: 02/13/2007 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 fax: (970) 686-5821 DWG:TCE—BULL CANAL www.kingsurveyors.com DRAWN: MCD CHECKED: SAL MEMORANDUM IDC. TO: Clerk to the Board DATE: October 13, 2008 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Deed of Dedication with The Farmers Reservoir and Irrigation Company for improvements to WCR 13. Two original Deeds of Dedication are enclosed. Please return one signed original to Public Work. Enclosures M:AFrancieAAgend-Leon.dec w . 3J9 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that The Farmers Reservoir and Irrigation Company, whose address is 80 South 27" Avenue, Brighton CO 80601, 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 and an easement for the operation and maintenance of the Bull Canal. AG\ C M-rY\\ \ Manuel Montoya, General l)anager, The Farmers Reservoir and Irrigation Company STATE OF COLORADO ) ) ss. COUNTY OF w0 The foregoing instrument was acknowledged before me this day of Orsnioer 20OS, by Manuel Montoya, General Manager, The Farmers Reservoir and Irrigation Company. Witness my hand and off A • eatART N of 0>V t. COliegi No iry P,b is ` iisSPS My commission expires: 5)6112- Page I 11111111111111111111111 IIII 111111111111 III 11111 IIII IIII 3586319 10/27/2008 12:20P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a-ey . 030 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(l)(a). Dated this 20th day of October , 20 08 . ATTEST: g""lliala , ;_ COUNTY OF WELD, A BODY CLERK TO THE BOARD P \ CORPORATE AND POLITIC OF THE COUNTY COMMISSION OF STATE OF COLORADO THE COUNTY OF WEL ? ✓ ,p BY iL?2Gt � .di`tl BY: ��/ /-G.o Deputy ClerM'to the Board William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD OCT 2 O 2008 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 20thday of October ,20 08, by William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. AN Witness my hand and official seal. er .Few / u : N �d ��dI� �UVn / It �.•.Pt� 1 x/11`/` 9$OFaa. My commission expires: „_- Expires May 19,2009 Page 2 1 111111 11111 111111 III II 111111 111111 III III IIII ill 3586319 10/27/2008 12:20P Weld County, CO d 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &cCJ2- 0-: r • . 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 Quit-Claim Deed (QCD) recorded January 28, 1910 in Book 314 at Page 431 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Seven (7), Township One North (T.1N.), 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 7 and assuming the West line of the NW1/4 of said Section 7 as bearing North 00°02'33" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.80 feet with all other bearings contained herein relative thereto: THENCE South 89°47'58" East along the South line of said NW1/4 a distance of 30.00 feet to the East Right-of-Way (ROW) line 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; The following Two (2) courses and distances are along said East ROW line: THENCE North 00°00'53" East a distance of 0.09 feet; THENCE North 00°02'33" East a distance of 1531.44 feet to the Southerly line of that parcel of land described in said Book 314 at Page 431, said point being the POINT OF BEGINNING; THENCE continuing North 00°02'33" East along said East ROW line a distance of 99.90 feet to the Northerly line of that parcel of land described in said Book 314 at Page 431, 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 Southeast a distance of 34.33 feet, said curve having a radius of 125.00 feet, a central angle of 15°44'06" and a long chord bearing North 61°22'20" East a distance of 34.22 feet to the beginning point of a curve, said curve being non-tangent to aforesaid curve; THENCE along the arc of a curve which is concave to the East a distance of 97.68 feet, said curve having a radius of 1445.00 feet, a central angle of 03°52'23" and a long chord bearing South 02°13'57" East a distance of 97.66 feet to the Southerly line of that parcel of land described in said Book 314 at Page 431, said point being the beginning point of a curve, said curve being non-tangent to aforesaid curve; Win;-mow I 0 � A 111111111111111111111 S111111111111 �� 1111111111111 S a.: 3586319 10/27/2008 12:20P Weld County, CO -n i 3499 --a 2r r-1 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder , M:12004295\property descriptions\ROW-BULL CANAL-PROP-DESC.doc itgr�EB.. "` Last printed 2/22/2007 9:31 AM I ( (2 of 3) The following 2 courses and distances are along said Southerly line: THENCE along the arc of a curve which is concave to the Northwest a distance of 28.94 feet, said curve having a radius of 173.29 feet, a central angle of 09°34'02" and a long chord bearing South 60°22'18" West a distance of 28.90 feet to a Point of Reverse Curvature (PRC); THENCE along the arc of a curve which is concave to the Southeast a distance of 9.84 feet, said curve having a radius of 155.00 feet, a central angle of 03°38'14" and a long chord bearing South 63°20'12" West a distance of 9.84 feet to the POINT OF BEGINNING; Said parcel contains 3,182 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 tr gand correct to the best of my knowledge and belief. 4),,-,...G 1-,7�R EPl�, aFCr Zoo -is I 3499 Steve ur:t to If of Icing Surveyors, Inc. Colorad�� $s rofessional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 IN: 2004295 111111111111111111111111111111111111111 III 111111111 IIII 3586319 10/27/2008 12:20P Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder MA2004295\property descriptions\RO W-BULL CANAL-PROP-DESC.doc Last printed 2/22/2007 9:31 AM BULL CANAL RIGHT—OF—WAY I NM SEC. 7, T.1N., R.67W. I RDWARD A. & (3 of 3) I 7!flVfl1 A a Cd nf3f'd�8 C7 w w ? NORTHWEST CORN=R E� MO `� 030 ni 4373 SEC. 7, T.1N., R.6EW. N 60' RIGHT-OF-WAY N M N b Cl w N F N N PER ACCEPTED ROAD W m No N to VIEWER'S REPORT U z E N N DATED 4-17-1884 RECORDED 4-18-1884 B48 P109 . 0 N CO NCO sL U N v®s < a :t N d' 03 w d N n y� , O 0 0 lei np' tIP _ r/� O O N O ri N lllllllh��'- PAgi IB Pt' l� o o N O o O o b vi 8 ri vi O Q Z a/ 6 3,282 sq.ft. Z Fir�` ' COMPANY H in 'co d- d. R RUC NO. 0257167M0 M ca co - m WERE IS AN EASEMENT TO 7HE AMERICAN a Lu in al N - d o G� TELEPHONE AND TELEGRAPH COMPANY FOR C3°C in t TELEPHONE AND TELEGRAPH LINES/N SEC. Z ITN, c'°_ N R.67W DEED STATES THAT CENTERLINE OF POLE 5 C o cc a m LINE TO BE MAINTAINED 1417N/N THE LIMITS OF THE U - o 3 [9 H/CHWAY& NOT MORE THAN ONE RILL CUYED h'' -r-, 2 I z RXTURE WILL BE CONSTRUCTED ALONG SAID o z PROPERTY�B909 P46f ado I =3i 2I ® NOTE: This exhibit drawing is not intended to be a �d d u_ monumented land survey. It's sole purpose is as a graphic ci,si — r o representation to aid in the visualization of the written —N ,Mn z property description which it accompanies. The written ��C I 0 — o property description supersedes the exhibit drawing. — C V a-a,o I q I LINE TABLE —_r o Wo 1 LINE BEARING LENGTH "�I L1 589'47'58"E 30.00' ro V cc o cr) L2 NOD'00'53"E 0.09' r0, 0 50 25 0 5 _0, Z L3 N00'02'33"E 99.90' acco`o _ esc r; -, 1 50' Sj,, ---- : I 34995 ' a -, -Zoo-1 WEST QUARTER CORNER SEC. 7, T.1N., R.68W. S .. POINT OF COMMENCEMENT Steven behalf of King Surveyors, Inc. Colorado -gr ed Professional —L1 \rL2 Land Surveyor #34995 KING SURVEYORS, INC. PROJECT NO:2004295 02/13/2007 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ROW—BULL CANAL www.kingsurveyors.com DRAWN: MCD CHECKED: SAL Hello