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Home My WebLink About20082642.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL #2, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-PATRICIA WILLCUTTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Bridge 27/66A over the Greeley Canal #2, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Patricia Willcutts, 32500 County Road 27, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, and WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Bridge 27/66A over the Greeley Canal #2, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Patricia Willcutts, 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 1st day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS A tti l . LA, WELD COUNTY, COLORADO / ATTEST: %� :"��✓ i A s6� ° 41/4191♦� William H. Jerke, Chair Weld County Clerk to th4 B 't:rb f;-.) EXCUSED �� Robert D. Mas Pro-Tem BY: Dep Clerk the Board (W ( Willia Garcia OV AST • / David E. Long unty orney c� pc) �e..� w,o, Avir DouglasSademacher Date of signature: ID(q 10g 2008-2642 CO . POJ, /L �y� — EO0058 to --r-98) MEMORANDUM CTO: Clerk to the Board DATE: Sept. 26, 2008 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to Weld County Bridge 27/66A with Patricia L. Willcutts. Attached is the appropriate documentation. Enclosures MAFrancie\Agend-Leon.doc 2008-2642 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO THE WELD COUNTY BRIDGE 27/66A OVER THE GREELEY CANAL#2 NEAR GREELEY, CO., BETWEEN PATRICIA L. WILLCUTTS. AND WELD COUNTY, COLORADO Ockv ; THIS AGREEMENT is made this day ofd, 2008, by and between Patricia L. Willcutts whose address is 32500 WCR 27 Greeley, CO 80631, hereinafter referred to as "Owner", and the County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631,hereinafter referred to as "County." WITNESSETFI: WHEREAS, County finds it necessary to rebuild and improve Weld County Bridge 27/66A over the Greeley Canal #2 near Greeley, CO. and, WHEREAS, Owner owns the property described in the attached Exhibits "A" hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described in Exhibits "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of ONE THOUSAND FOUR HUNDRED TWENTY DOLLARS and NO/100 ($1,420.00). This consideration is being offered in lieu of condemnation. - 1 - 111111111111111111111111111111111 111111 III 11111 I1II III! 3584147 10/14/2008 03:52P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder or"le? `"7H 2. Owner agrees to grant the Right-of-Way to County by Warranty Deed, free and clear of all encumbrances, except existing easements across the property conveyed. Owner shall retain the mineral estate under the Right of Way,including without limitation oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party,or its agents or employees,hereto. This Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Warranty Deed and related documents. 6. 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. 7. County agrees to compensate the Owner the sum $784.00 for temporary easement referred to as TE-3 described in attached "Exhibits A". 8. County agrees that irrigation features right of station 18.00 (+/-) within the temporary construction easement area will not be disturbed and access from County Rd. 27 to the driveway within the temporary construction easement area will be maintained. - 2 - 111111 11111 111111 lull 1111 111111 111111 111 lull III III 3584147 10/14/2008 03:52P Weld County, CO 2 of 6 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: Patricia L. Willcutts BY: Val 4 d W Date: 3/08 ATTEST: 44/2.1,72 BOARD OF COUNTY COMMISSIONERS ;. ;, OF WELD COUNTY, STATE OF l '"' �� ea COLORADO Weld County Clerk to the eloar +k N By: �Z � BY: l LA, Deputy Clerk t e Board Y William H. Jerke, Chairman 10/01/2008 111111111111111111111111111 111111111111 I I 111111 11111111 3584147 10/14/2008 03:52P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 3 - EXHIBIT-A NE I/4 819-T6N-R66W LEGAL DESCRIPTION PARCEL-3 RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE NORTH 86'33'35" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF THE OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE NORTH 00'42'30" WEST ALONG THE EASTERLY RIGHT OF WAY LINE A DISTANCE OF 114.76 FEET TO THE POINT OF BEGINNING' THENCE NORTH 00'42'30" WEST TO A POINT ON THE CENTERLINE OF THE GREELEY NO. 2 CANAL A DISTANCE OF 82.64 FEET; THENCE SOUTH 49'37'43" EAST ALONG SAID CENTERLINE A DISTANCE OF 26.53 FEET; THENCE DEPARTING SAID CENTERLINE SOUTH 00'42'30" EAST A DISTANCE OF 65.21 FEET; THENCE SOUTH 89'17'30" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1478.5 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT. OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS X111111111/ P LS 23520 \ \op Mg/ T • 235 01 -2)- 2D� /i3ONALL k13.0\ I I 1 11111 111111 1111 1111 1111 III 111 I I 111111 It 11 111 3584147 10/14/2008 03:52P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ��/ WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION dd a DEPARTMENT WELD COUNTY ROAD 27 WILLCUTTS Q� BRIDGE PRO.TECI PROJECT: SCALE; 32500 WELD COUNTY ROAD 27 BRO C030-030 GREELEY, COLORADO COLORADO DATE: DRAWN BY: SHEET: JUNE 11,2008 1 of 3 EX,IIIBIT-A NE I/4 S19-T6N-R66W WITNESS COR. EAST 1/16 I B FOUND 3 1/4" ALUM. CAP IN RANGE BOX STAMPED LS #10855 1 1 I WARD N & 4flIN \IT 4"�d�f��d®l� G RECP#2316784 0 = \\1111 l ll lll// I ACQUIRED \\\\ 4 RIGHT OF—WAY \\ DO R i I 1478.5 sf. `�� • co 60' • ".....7 -ROW9 ;�OAI _ 23520ti % . 7-21.00Sc RECP#3554604 L�0c I � M �tic. dj, / j t.j ��ckk- \\\ W �.K$; �•ttt R37. �,c,,s,gin, //11111II1111\\\ v°es o � �� 'lud:.� , .0,', c,b, ��'t_ a �� 2 � .o.uiiiiiit 9�,Q c m P.O.B. ��3$ N.iiiiiii 56 wo LINE TABLE =(R.O.W. /13.� x.1111111111111 o a�i L1 N8633'35'E 30.03' I �� o.uuuunut -ao o` . 0 1111111111111 c' •' � g L2 NOO'h2'3O"W 14.76' 0 I 20.00'x>s Z�nnuutu 'PF ^N89'17'3O"Elltllnll o, `� —y j Cl)I (0 tttttlltlttlltltllliun v) �N„ cD- .Um lulllllllilll111111 m �O e- ==IIR y ''Otllllllllllllllllll ll N ',' •` ==en rr .0111111111111111111111 092 IMmo 00 6I N ol. TEMPORARY 1111 -v- Mli Ni m - i coNSTRUCTI0N1111 w o c @ t- I.3 (0=1111' EASEMENT 1111 0 int =N� p =o 441u1� 8169,8 V,- Jul N =vo 9 In IN lun1IIIllI1t1lI11nn1 4. aoo CENTER EAST 1/16 COR. m =� 'unRluuutuuuttu b .'111111111111111)1 0 FOUND 3 1/4 ALUM. CAP a m I o o -nU1ll1 nuuttt CO • �� "IN RANGE BOX STAMPED -z 'nnnun111unnnul _..t co #1O855 P.O.B.LSutI luUllttntttuln 111111111111111111111111 �2`o POINT OF COMMENCEMENT @ (T.C.E.) 'nnnunuunuuuu _M11, I 1111111162;00'11111111 cV 589'17'30"W .— "—"_... L1 JIC ,, .._. R FA A L. 6VILLCUT7S RECP#2801145 L RICHARD, BMW 8 I linFF - ,An - ,PCIGDI%It[G ' 9 RECP#2403734 i NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. RIGHT-OF-WAY ACQUISITION WELD COUNTY PUBLIC WORDS & �� DEPARTMENT TEMPORARY CONSTRUCTION EASEMENT \t WELD COUNTY ROAD 27 WILLCUTTS WING BRIDGE PROJECT 32500 WELD COUNTY ROAD 27 PROJECT: SCALE; 1"=50' BRO CO3O-O3O GREEI,EY, COLORADO COLORADO DATE DRAWN eY: JHB SHEET: 3 of 3 JUNE.11,2008 EXHIBIT-A NE 1/4 SI9-T6N-R66W LEGAL DESCRIPTION TE-3 TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE NORTH 86'33'35" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF THE OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE NORTH 00'42'30" WEST ALONG THE EASTERLY RIGHT OF WAY LINE A DISTANCE OF 14.76 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'42'30" WEST ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE NORTH 89'17'30" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'42'30" WEST TO A POINT ON THE CENTERLINE OF THE GREELEY NO. 2 CANAL A DISTANCE OF 65.21 FEET; THENCE SOUTH 49'37'43" EAST ALONG SAID CENTERLINE A DISTANCE OF 55.72 FEET; THENCE DEPARTING SAID CENTERLINE SOUTH 00'42'30" EAST A DISTANCE OF 128.59 FEET; THENCE SOUTH 89'17'30" WEST A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8169.8 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS PLS 23520 \\\\\\\\1111�1III/G////�/• % \�� ,p 0 E 9,•J N• 23520 1111111 VIII 111111 IIIIIIIIIIIIIIIIIIIII III VIII 11111111 03.52P Weld County, CD 3584147 10114/2008 /ohNAL LPS�S` \\ 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 1111 TEMPORARY WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT Motrig a DEPARTMENT WELD COUNTY ROAD 27 WILLCUTTS C BRIDGEPROJECI PROJECT: SCALE; 32500 WELD COUNTY ROAD 27 BRO C030-030 GREELEY, COLORADO COLORADO DATE: DRAWN BY: SHEET: JUNE.11,2008 2 of 3 a MEMORANDUM TO: Clerk to the Board DATE: October 21, 2008 C. COLORADO FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item The Quit Claim Deed and Temporary Construction Easement attached are supporting documentation for the Agreement with Patricia L. Willcutts, Document No. 2008-2642. One original of each is attached. Enclosures M:Wrancie\Agend-Leon.doc ' =C7 rJ ,_a ;,rl 855 QUIT CLAIM DEED THIS DEED is made this -ay of 1- 69es--- , 2008,between Patricia L. Willcutts, whose address is 32500 WCR 27 Greeley, CO 80631party of the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is 915 10°i Street, Greeley, Colorado 80631, party of the second part. WITNESSETH, that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A." TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. Patricia L. Willcutts STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this / day of (It k1r , 2008, by Patricia L. Willcutts. NoiaryP'blic . - 49 04,9„. 9; My commission expires: 111/41 SKr e tog 444*Wert Exton 1 11111111111111111 11111 111111 III 1111111 III 11111 IIII 1111 3586855 10/29/2008 11:47A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder O 2 4'G, !fa • • ACCEPTANCE The County of Weld, a body corporate and politic of the State ofColorado,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: gall '� �� COUNTY OF WELD, A BODY CLERK TO THE BOARD F I CORPORATE AND POLITIC OF THE COUNTY COMMISSIO Ih STATE OF COLORADO THE COUNTY OF WEL E BY: i'��/L7Z/.Z i ,, .r_,fJ�.P� .. BY: AL: t C Deputy Cle to 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 27thday of October 208, by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. MF R V..... Witness my hand and official seal. */ A '•;ff N sT'.?' "' O • U lic ��OF COQ My commission expires: Pzortes av19,2009 1 111111 11111 111111 11111 111111 III 1111111 III 11111 1111 !III 3586855 10/29/2008 11:47A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder y-79&S < 6 511 . .. • 1• ,f• E{' IBIT_A NE 1/4 S19-T6N-R66W WITNESS COR. EAST 1/16 I I FOUND 3 1/4" ALUM. CAP IN RANGE BOX I Q STAMPED LS #10855 I �� N it 4EETII lit 39'I I RECP#2316784 = I 111111111111/ RIGACATI'RODF-WAY \��\\ Q.,R Ao / _ 1478.5 sf. `. ' 60' (('''.0 ROW I • _ ; U) _ e 1 _ O I i _ : 23520 •• _ PODTBORG a SONS r i ys s % 7" 21-00' RECP{I3554604 N S4. 'RI R3•. 'S'FCAiy 0 /N OIIII IS\\\\\ I I Z CD `' �� iiiiiitiiu 90 a y 'P.O.B. ��,�� 0.I l l l i l 11 I l l l t S� N.11lilll 111111 c LINE TABLE =(R.O.W. f�i3 � a.llllllllll111 m L1 N8633'35"E 30.03' I �� o;tuDllllnn im ,20.00' °.1111111111111 �, .• �c-.ltd L2 N00'4.2'30"W 14.76' II I ‘c>i,c ,,,nnuluTln - '.'N89'17'30"EIuuUU a, `�� - = I NIA IlItllUlllUUUU111111 to �- c?� c�: "'l1i IIIIl111I111111111 20�. nO z M •OlltlltllUllllillilll N 'c' _U O �!m "oliiiiinitillil11t111 CyZ .o y I N OO1. TEMPORARY 1111 -V � y 0 CO - I CONSTRUCTIONI111 w �� I t11 N til EASEMENT Iill 41 p=o9 4 ll U' 8169.8 sf. WI y u v) I N II1t I111111111111IIIliI1 N Spin CENTER EAST 1/16 COR. Cn :a auutliltuiltTultull o �r Q I O ' —r0 FOUND 3 1/4" ALUM. CAP m -o 111111111111I1111 00111111 UnnU1 In - o IN RANGE BOX STAMPED -z 1111111111111 l 1111111 111 —a, LS #10855 P.O.B. 'ttluulllltttlltttnnt aoo� 111111111111111111111111 N POINT OF COMMENCEMENT I (TOE ) 'l lluntulnnitttntlt —NO I I ,1111111152,00 tlllllll —oo N 589'17'30"W ""_ �rft u - - -. 3 —Ec— - - PATRICA �WILLCUT7S- �co5 ! RECD#2801 145 =mom ( RICHARD), T 3TLW I I I .ra„.,7' & AFAR=paR?'giggly a p RECPfl24C3734 i NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. RIGHT-OF-WAY ACQUISITION WELD COUNTY PUBLIC WORKS & �� DEPARTMENT TEMPORARY CONSTRUCTION EASEMENT AIIR WELD COUNTY ROAD 27 WILLCUTTS will� BRIDGE PROIECI 32500 WELD COUNTY ROAD 27 PROJECT: SCALE: 1"=50' BRO C030-030 GREELEY, COLORADO COLORADO DATE DRAWN BY: JHB SHEET: JUNE 11,2008 3 of 3 n, L� I • EXHIBIT-A NE I/4 SI9-T6N-R66W LEGAL DESCRIPTION PARCEL-3 RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; • THENCE NORTH 86'33'35" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF THE OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE NORTH 00'42'30" WEST ALONG THE EASTERLY RIGHT OF WAY LINE A DISTANCE OF 11436 FEET TO THE POINT OF BEGINNING- THENCE NORTH 00'42'30" WEST TO A POINT ON THE CENTERLINE OF THE GREELEY NO. 2 CANAL A DISTANCE OF 82.64 FEET; THENCE SOUTH 49'37'43" EAST ALONG SAID CENTERLINE A DISTANCE OF 26.53 FEET; THENCE DEPARTING SAID CENTERLINE SOUTH 00'42'30" EAST A DISTANCE OF 65.21 FEET; THENCE SOUTH 89'17'30" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1478.5 SQ. FT. MORE OR LESS.THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT. OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON 2 W. SIEVERS LE \\\�1111111111/ //� pap REG u cP o/NNAL LPG.......... \\\` ////rnIIIn11`" 1111111 11111 111111 11111 111111 III 1111111 III 11111 II11 IIII 3586855 10/29/2008 11:47A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS RIGHT-OF-WAY ACQUISITION / a DEPARTMENT WELD COUNTY ROAD 27 � BRIDGEPROTECI WILLCUTTS O PROJECT: SCALE; 32500 WELD COUNTY ROAD 27 BRO C030-030 GREELEY,COLORADO COLORADO DATE: JUNE 11,2008 DRAWN Br. SHEET: 1 of 3 0 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Patricia L. Willcutts (Owner), whose address is 32500 WCR 27 Greeley, CO 80631. Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10" Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for purpose of access to reconstruct both driveways and canal during the construction of improvements to Weld County Bridge 27/66A over the Greeley Canal #2 near Greeley CO., in and to, over, under and across the following described land: SEE EASEMENT 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: I. Said Temporary Construction Easement shall commence on November 1, 2008, and shall expire and be of no further force or effect on November 1, 2009, or at the end of road construction, which ever is earlier. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of Seven Hundred Eighty Four Dollars and no/100 ($784.00) for the execution of this Temporary Construction Easement. Page I of 2 pages 11111111111111111111111 Inn 1111111 III 11111 IIII IIII 3586856 10/29/2008 11:47A Weld County, CO 1 of 3 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. PATRICIA /L. WILLCUTTS� / / By ` / tatab✓!), G'I,CCk'ktg0,7,(LL_ Date: /0//7/-�(08 STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this II- day of Cidtkor , 2008, by: Patricia L. Willcutts. W. es my ha and official seal. �, M'�t�9 � gT '�L ��, V T �tlet UUU ii PC I My commission expires: t Cr me t GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. i A/,taaur ATTEST: v -f„, COUNTY OF WELD, STATE OF J COLORADO, GRANTEE / y , �_ 1( I� 1 4-9 /)1/4 Deputy Clerk to the Board t ,,-77, . William H. Jerke, Chairman, Board of \ ' ' r a -k./ County Commissioners. ,' /7 I/1'n\,..✓ , , :_ 10/27/2008 HIE 11111 111111 11111 111111 III 1111111111 11111 11111111 3586856 10/29/2008 11:47A Weld County, CO 2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder a&c%?- , L-,s • EXHIBIT-A. NE 1/4 S19-T6N-R66W LEGAL DESCRIPTION TE-3 TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF 'WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER AS BEARING NORTH 00'42'30" WEST A DISTANCE OF 2613.65 FEET; THENCE NORTH 86'33'35" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF THE OF SAID NORTHEAST QUARTER TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET; THENCE NORTH 00'42'30" WEST ALONG THE EASTERLY RIGHT OF WAY LINE A DISTANCE OF 14.76 FEET TO THE POINT OF BEGINNING: THENCE NORTH 00'42'30" WEST ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE NORTH 89'17'30" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'42'30" WEST TO A POINT ON THE CENTERLINE OF THE GREELEY NO. 2 CANAL A DISTANCE OF 65.21 FEET; THENCE SOUTH 49'37'43" EAST ALONG SAID CENTERLINE A DISTANCE OF 55.72 FEET; THENCE DEPARTING SAID CENTERLINE SOUTH 00'42'30" EAST A DISTANCE OF 128.59 FEET; THENCE SOUTH 89'17'30" WEST A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8169.8 SQ. FT. MORE OR LESS: THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS \\\\\\\\11111111//// . PLS 23520 �\ ,C0,REG/ p = 23520 ;4.. -7-Z1-0? O . II illiallivvitiolulln\tvik\loi IIII ////"A` �\°3586 56 100012 D 0.00 St ve Moreno Clerk& Recorder 3 TEMPORARY WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENTti krig DEPARTMENT WELD COUNTY ROAD 27 WILLCUIm O • PROJECT Scope: BRIDGE PROJECT 32500 WELD COUNTY ROAD 27 BRO C030-030 GREELEY, COLORADO COLORADO DATE: DRAWN AY: 1SHEET: JUNE 11,2008 2 of 3 Hello