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HomeMy WebLinkAbout20081146.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 2; AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - PERKINS LAND AND LIVESTOCK III, 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 for Conveyance of Easement, a Grant of Permanent Easement, and a Temporary Construction Easement for Improvements to County Road 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 Perkins Land and Livestock III, LLC, P.O. Box 267, Unionville, Missouri 63565, commencing upon full execution, with further terms and conditions being as stated in said agreement and easements, and WHEREAS, after review, the Board deems it advisable to approve said agreement and easements, 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 for Conveyance of Easement, the Grant of Permanent Easement, and the Temporary Construction Easement for Improvements to County Road 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 Perkins Land and Livestock III, LLC, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and easements. 2008-1146 EG0058 fin : �GiJ PL Are - 0s Ii -c)g CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT - CR 2 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of April, A.D., 2008. BOARD OF COUNTY COMMISSIONERS 3 Et WELD COUNTY, COLORADO ATTEST: EXCUSED ;17, 1 t r Willi m H. Jerke, Chair Weld County Clerk to: 4. Rober sd m Dety Clerl o the Boar " Wil ! \ F. Garcia APPROVED AS TO FORM: C•`'1 David E. Long IrACo ty Attokley 0rote se ..rte oug s Radema her Date of signature: (7-*ICE 2008-1146 EG0058 a MEMORANDUM 111 D TO: Clerk to the Board DATE: April 16, 2008 • FROM: Leon Sievers, Public Works COLORADO SUBJECT: Agenda Item Please submit the following items for the Board's next agenda: For improvements to WCR 2 with Perkins Land & Livestock III, LLC: ➢ Agreement for Conveyance of Easement ➢ Exhibit"B" Grant of Permanent Easement ➢ Temporary Construction Easement • The appropriate documentation is attached. M:AFrancieAAgend-Leon-doc • 2008-1146 5j AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 2 BETWEEN PERKINS LAND & LIVESTOCK III, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this=` day of Ara' , 2008, by and between Perkins Land and Livestock III, LLC, P. David Perkins, Manager, whose address is PO Box 267, Unionville, Missouri 63565, herein 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 10°i Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 2, and WHEREAS, Owner owns property described in the attached Exhibits "A", parcels TE-2, TE-2A, TE-2B, TE-2C, PE-2 and PE-2A , hereinafter referred to collectively as "Easement", and WHEREAS, County needs said Easement in order to complete said rebuilding and improvement project, 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 Easement, as shown and/or described on Exhibit "A"parcels TE-2, TE-2A, TE-2B, TE-2C, PE-2 and PE-2A, attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Three Thousand Ninety Eight and no/100 ($3098.00) dollars. This consideration is being offered in lieu of condemnation. 2. Owner agrees to grant Easement to County by using substantially the Permanent Easement Form which is attached hereto as Exhibit "B" and the Temporary Construction Easement form attached hereto as Exhibit "C", free and clear of all encumbrances, except existing easements. 3. County agrees to pay the costs of title insurance and recording fees, if necessary Page 1 of 2 Pages 11111111111111111111111 IIII 111111111111 III 111111111101 3553529 05/12/2008 03:51P Weld County, CO 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &Or --//q 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 agent 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 execution of the Easement shall be the date of the delivery of the documents, 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 use all the Easement for the purpose of said rebuilding and improvement project. 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. PERKINS LAND AND LIVESTOCK III, LLC 1?/06k/*, P P. David Perkins, Manager I. t � ♦ ATTEST: / �' „ BOARD OF COUNTY COMMISSIONERS �+ j � SF WELD COUNTY, STATE OF 1867�� "Y-1.# � , OLORADO Weld County Clerk to th o e. . c----E-s i \„ tA-rY .4 B lL . 1 I �I2Gl altl-YIAV ' y BY:Dep ty Cle to the Boa Robert D. Masden, Chair Pro—Tem APR 2 12008 Page 2 of 2 Pares 11111111111111111111111 1111 1111111 11111 111 11111 1111 III I 3553529 05/12/2008 03:51P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder &t%7f— //9 "EXHIBIT B" GRANT OF PERMANENT EASEMENT (Perkins Land and Livestock III, LLC-Weld County) This Grant of Permanent Easement is made by and between Perkins Land and Livestock III, LLC, P. David Perkins Manager, whose address is PO Box 267, Unionville, Missouri 63565 (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 10th 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 constructing of a roadway culvert and appurtenances and roadway ditches The location of the easement parcel is described as follows: See Exhibit "A" Parcel Number: PE-2 and PE-2A Upon execution of this 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, daily operation, access and maintenance of said roadway culvert and roadway ditches. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon, passage over, deposit of excavated earth and storage of material and equipment on such area as may be necessary or useful for the construction, maintenance and repair of said culvert and associated drain swale. 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. Page I of 2 page 11111111111111111111111 IIII 111111111111 III 11111 IIII IIII 3553529 05/12/2008 03:51P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder &c°8-//V IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: PERKINS LAND AND LIVESTOCK III, LLC P-Ohr pp.4. v\ P. David erkins, Manager STATE OF Mlssooed ) )ss. COUNTY OF ?u--w ) The foregoing instrument was acknowledged before me this g day of Apr; ( , 2008, by P. David Perkins, Manager of Perkins Land and Livestock III, LLC, Owner ,, ,,,,,,,,,,,yVrtness my held and official seal. �.:•�4. 'j .tp ;e taryPublic h S ` lye s$�Pires: 4-3-.201( 0. > > 04_2. ra- >!.... •SAP.' m {4-6 •',••••4nnup,,,,,q��', z a- st The Grantee hereby accepts this easement for the purposes set forth herein on this the c27/ day of Apr: I , 2008 n ', COUNTY OF WELD, STATE OF ATTEST: pp�� b ja COLORADO, GRANTEE D uty rk to the aid Robert D. Masden, Chair Pro-Tem, Board of County Commissioners of Weld County, Colorado APR 2 1 2008 Page 2 of 2 page Hill 1111111111111111IIII111111111111III111111111101 3553529 05/12/2008 03:51P Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT"A" PARCEL NUMBER: PE-2 DATE:JANUARY 02,2008 DESCRIPTION A PERMANENT EASEMENT NO. PE-2 CONTAINING 7,500 SQUARE FEET(0.172 ACRES), MORE OR LESS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID PERMANENT EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31. THENCE NORTH 00°41'29"WEST ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER. THENCE ALONG SAID PARALLEL LINE NORTH 89°27'5T EAST, A DISTANCE OF 407.44 FEET TO THE POINT OF BEGINNING; 1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'03"WEST,A DISTANCE OF 10.00 FEET; 2. THENCE NORTH 89°27'57"EAST, A DISTANCE OF 750.00 FEET; 3. THENCE SOUTH 00°32'03" EAST,A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'57"WEST, A DISTANCE OF 750.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 7,500 SQUARE FEET(0.172 ACRES), MORE OR LESS. FOR THE PURPOSE OF A CUT SLOPE. BASIS OF BEARING: BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'57" EAST BETWEEN THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1995 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 31 TO THE 2-1/2"DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 31. 2` O 1 : : • O it l '—P4t S�✓'��'LAIC) For and on Behalf of Weld County and Adams County, Colorado Dean E. Cates, PLS 22561 Aztec Consultants, Inc. 300 E. Mineral Ave., Suite 1 Littleton, CO 80122 HID 11111 IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII PE-2.doc,16307-01,01-02Page of t Page 1 1 3553529 05/12/2008 03:51P Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT"A" PARCEL NUMBER: PE-2A DATE:JANUARY 02,2008 DESCRIPTION A PERMANENT EASEMENT NO. PE-2A CONTAINING 800 SQUARE FEET(0.018 ACRES), MORE OR LESS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID PERMANENT EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31.THENCE NORTH 00°4129"WEST ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER.THENCE ALONG SAID PARALLEL LINE NORTH 89°27'57" EAST,A DISTANCE OF 1897.44 FEET TO THE POINT OF BEGINNING; 1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'03"WEST, A DISTANCE OF 20.00 FEET; 2. THENCE NORTH 89°27'57"EAST, A DISTANCE OF 40.00 FEET; 3. THENCE SOUTH 00°32'03" EAST,A DISTANCE OF 20.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'57"WEST,A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 800 SQUARE FEET(0.018 ACRES), MORE OR LESS. FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING DRAINAGE STRUCTURES. BASIS OF BEARING: BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'57" EAST BETWEEN THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1995 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 31 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 31. ••• Pp'00 Rfri ��•� ��•'• N E.Q.; •le 2 N , v 61 ' ION; • "^I. N^LA . ,•• For and on Behalf of Weld County and Adams County, Colorado Dean E. Cates, PLS 22561 Aztec Consultants, Inc. 300 E. Mineral Ave., Suite 1 Littleton, CO 80122 PE-2A.doc,16307-01,01-02-2008 11111111111111111111111 liii 11 1111111111 III 11111 lIII IIII Page 1 of 1 3553529 05/12/2008 03:51P Weld County, CO 6 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Perkins Land and Livestock III, LLC, 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 grading and shaping of a driveway (TE-2B), construction of roadside ditches (TE-2 and TE-2A) and area needed for placement of a temporary construction office trailer and storage area (TE-2C), during the construction of improvements to Weld County Road#2, in and to, over, under and across the following described land: SEE EXHIBIT "A, Parcel # TE-2, TE-2A, TE-2B and TE-2C 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 April 15, 2008, and shall expire and be of no further force or effect on December 31, 2008, 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 Page 1 of 2 page 111111 11111 111111 11111 /III 1111111 11111 III 11111 /III 1111 3553529 05/12/2008 03:51P Weld County, CO 7 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder oPeeci9V// ‘, 5. Grantee will reimburse Grantor the sum of One Thousand One Hundred Eighty Eight and no/100 ($1188.00) dollars for the execution of this Temporary Construction Easement. 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. OWNER: PERKINS LAND AND LIVESTOCK III, LLC ipac,,c,/atkc,_ P. David Perkins, Manager Mtsaav2I STATE OF COLORADO ) Iptr-r Nkk )ss COUNTY OF D-- ) The foregoing instrument was acknowledged before me this of ,pr: ( , 2008,by P. David Perkins, Manager of Perkins Land and Livestock III, LLC Owner Witness my hani and official seal. M �lld/ r Q;' y s i ;m ¢ o d 8 Notary Pu lic 94l ct�f�nigigt r fires: 4-3-a0/( -COI. $ ii O At Ec •.. �` J ocg GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein.ATTEST: >. 11.,4,, COUNTY OF WELD, STATE OF ' + COLORADO, GRANTEE mss, \ y �js)A„- Dep rty ClitLil k to the B rd � � ° go- el,,t p'. Masden, Chair Pro—Tern, Board of `,. ^'/ County Commissioners Page 2 of 2 pages APR 2 12008 I 111111 IIIII 11111111111 IIII 1111111 IIIII III IIIII IIII IIII 3553529 05/12/2008 03:51P Weld County, CO 8 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c?,0Dr //V6 EXHIBIT"A" PARCEL NUMBER:TE-2 DATE: JANUARY 02,2008 DESCRIPTION A TEMPORARY EASEMENT NO.TE-2 CONTAINING 3,643 SQUARE FEET(0.084 ACRES), MORE OR LESS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31. THENCE NORTH 00°41'29"WEST ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER.THENCE ALONG SAID PARALLEL LINE NORTH 89°27'57" EAST, A DISTANCE OF 43.19 FEET TO THE POINT OF BEGINNING; 1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°21'52"WEST, A DISTANCE OF 10.00 FEET; 2. THENCE NORTH 89°27'57" EAST,A DISTANCE OF 364.22 FEET; 3. THENCE SOUTH 00°32'03" EAST,A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'57"WEST, A DISTANCE OF 364.25 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 3,643 SQUARE FEET(0.084 ACRES), MORE OR LESS. FOR THE PURPOSES OF A CUT SLOPE. BASIS OF BEARING: BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'57"EAST BETWEEN THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1995 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 31 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 31. �.•'•N E. C •. F 2656 0'•, Fs.2 , � Ylo• g. ��c� `F NIL LAC � For and on Behalf of Weld County and Adams County, Colorado Dean E. Cates, PLS 22561 Aztec Consultants, Inc. 300 E. Mineral Ave., Suite 1 Littleton, CO 80122 TE-2 doc, 16307-01,01-02-2ooe HIV 111111111 11 11111 IIII I��I��I II��I III ��II� I II I��I Page 7 0(1 3553529 05/12/2008 03:51P Weld County, CO 9 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT"A" PARCEL NUMBER:TE-2A DATE:JANUARY 02,2008 DESCRIPTION A TEMPORARY EASEMENT NO.TE-2A CONTAINING 4,000 SQUARE FEET(0.092 ACRES), MORE OR LESS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31.THENCE NORTH 00°41'29"WEST ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER. THENCE ALONG SAID PARALLEL LINE NORTH 89°27'57" EAST,A DISTANCE OF 1157.44 FEET TO THE POINT OF BEGINNING; 1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'03"WEST, A DISTANCE OF 10.00 FEET; 2. THENCE NORTH 89°27'57" EAST,A DISTANCE OF 400.00 FEET; 3. THENCE SOUTH 00°32'03" EAST, A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'57"WEST, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 4,000 SQUARE FEET(0.092 ACRES), MORE OR LESS. FOR THE PURPOSES OF A CUT SLOPE. BASIS OF BEARING: BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'57" EAST BETWEEN THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1995 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 31 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 31. ,I.o/N//N . I' p\\OD For and on Behalf of Weld County and Adams County, Colorado Dean E. Cates, PLS 22561 Aztec Consultants, Inc. 300 E. Mineral Ave., Suite 1 Littleton, CO 80122 TE-2A.doc,16307-01,01-02-2008 I111111 IIII 11111 11 VIOLIN IIII Page 1 of t 3553529 05/12/2008 03:51P Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"A" PARCEL NUMBER: TE-2B DATE: JANUARY 30,2008 DESCRIPTION A TEMPORARY EASEMENT NO.TE-2B CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID TEMPORARY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31. THENCE NORTH 00°41'29"WEST ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER. THENCE ALONG SAID PARALLEL LINE NORTH 89°27'57" EAST,A DISTANCE OF 1777.29 FEET TO THE POINT OF BEGINNING; 1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'03"WEST,A DISTANCE OF 50.00 FEET; 2. THENCE NORTH 89°27'57" EAST,A DISTANCE OF 20.00 FEET; 3. THENCE SOUTH 00°32'03" EAST,A DISTANCE OF 50.00 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'57"WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS. FOR THE PURPOSES OF FIELD ACCESS. BASIS OF BEARING: BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'57"EAST BETWEEN THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1995 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 31 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHEAST CORNER OF SECTION 31. QP.0p.R .. ... . � F .O cL • 1 • For and on Behalf of Weld County and Adams County, Colorado Dean E. Cates, PLS 22561 Aztec Consultants, Inc. 300 E. Mineral Ave., Suite 1 Littleton, CO 80122 11111111111111111111111 liii 111111111111111111111111 liii TE-2B.doc,16307-01,01-30-2008 Page 1 of 1 3553529 05/12/2008 03:51P Weld County, CO 11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" PARCEL NUMBER: TE-2C DATE: APRIL 1, 2008 DESCRIPTION A Temporary Easement No.TE-2C containing approximately 0.396 acres, more or less, and located in the Southeast One-Quarter of Section 31, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: All that land lying southerly and easterly of the East Burlington Extension Ditch as said ditch is presently located in the southeasterly corner of said Section 31. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on maps of the area 1111111 VIII 1111111IIII IIII 1111111 VIII III 111111 111 1111 3553529 05/12/2008 03:51P Weld County, CO 12 of 12 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Hello