HomeMy WebLinkAbout20081320.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - SCOTT AND TAMARA ORMISTON
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 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 Scott and Tamara Ormiston, 10475 Clarkston Street,Northglenn,
Colorado 80233, 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 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 Scott and Tamara Ormiston 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 5th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
E.as ELD COUNTY, COLORADO
/
ATTEST: /���i^✓LI/ Q > -/L
1 t_" @William H. Jerke, Chair
Weldounty Clerk to the Boar so
a r
gXCUSED
� Ro �M en-7-Tem
BY:.- 9 tLilL' { id(101ks \-
De ty Clerlf to the Board /(.,
William F. Garcia
APPROVED AS TO FORM: EXCUSED
David E. Long
i(Ai. bw .
j��?(—Cou Att)r y
1 Dougla Rademac er
Date of signature: S I)/of;
2008-1320
. EG0058
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44; a
MEMORANDUM
TO: Clerk to the Board DATE: April 29, 2008
FROM: Leon Sievers, Public Works
COLORADO
SUBJECT: Agenda Item
The attached documents are for the improvements to WCR 2 with Scott E.and Tamara D.Ormiston.
➢ Agreement Concerning Purchase of ROW
➢ Deed of Dedication
➢ Temporary Construction Easement
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2008-1320
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AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 2 BETWEEN SCOTT E. AND TAMARA D. ORMISTON AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this 27 day of A 2u_ ,2004,by and between Scott E.
Ormiston and Tamara D. Ormiston,whose address is 10475 Clarkson Street,Northglenn,Colorado
80233, 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 2, and
WHEREAS,Owner owns the property described in the attached Exhibit"A"parcel 3,parcel
TE-3 and parcel TE-3A, 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 on Exhibit"A"parcel 3, attached hereto and hereinafter referred to herein
as the "Right-of-Way" for the sum of One Thousand Sixty and no/100 ($1060.00)
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.
Page 1 of 3 Pages
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1 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder a?Dee-,3a7n
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein,
and no oral representation,promise,or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery
of the documents of conveyance,it is expressly agreed by the parties hereto that upon
execution of this Agreement by County and Owner, County, its contractors, agents,
employees, and all others deemed necessary by County shall have the irrevocable
right to possess and use all of the Right-of-Way for the purpose of said rebuilding
and improvement project.Date of payment of compensation is the date of delivery of
the Deed of Dedication.
6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title
thereto against all claims.
7. Owner represents and warrants that all prior general taxes levied have been paid in
full by Owner.
8. County agrees to reimburse Owner the sum of Three Hundred and no/100($300.00)
dollars for the execution of a Temporary Construction Easement,the form is attached
hereto for reference.
9. County agrees to reimburse the Owner the sum of One Thousand Seven Hundred
Eighty and no/100($1,780.00)dollars for the cost to replace 712 lf.of existing fence.
Owner shall have the right to salvage the existing fence prior to removal by the
County. Owner shall reinstall the fence at owner's discretion.
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.
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3554717 05/16/2008 12:03P Weld County, CO
2 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
,-,- ...,7----------------, ,
Scott E. Ormiston, Owner Tamara D. Ormiston, Owner
ATTEST: kridiva BOARD OF COUNTY COMMISSIONERS
E L OF WELD COUNTY, STATE OF
OLORADO
Weld County Clerk to the B f , y,,,
Byk s 4.1 " r-- -'1. BY: "'C.71---/,---
De i ty Clei z to the Board William H. Jerke, Chairman
MAY 0 5 2008
Page 3 of 3 Pages
1111111 11111 1111111111111111111111111 III HI IIII IIII
3554717 05/16/2008 12:03P Weld County, CO
3 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Scott E. Ormiston and Tamara D.
Ormiston whose address is 10475 Clarkson Street, Northglenn, Colorado, 80233 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././ :11g-tzt
Scott E. Ormiston, Owner U Tamara D. Ormiston, Owner
STATE OF COLORADO )
) ss.
COUNTY OF )
lc-11
The foregoing instrument was acknowledged before me this d 7 day of
,t419r-, / , 20 t 8 by Scott E. Ormiston and Tamara D. Ormiston, Owners
Witness my.ha,Igtid official seal.
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Page 1 of 2 pages
1111111 Ill 111111111111111111111111111III11111 /III /III
3554716 05/16/2008 12:03P Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
c.77crSD 1302O
/
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 C;"--‘• day of C�R-� , 2005 .
ATTEST: k 1.11 "1 "1"` COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF 4) ;hlllj CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONER 1 .TATE OF COLORADO
THE COUNTY OF WELD (( 1
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BYk , 41 i /� I Ltil-i1E11%"11ge BY: "2" , 1— Z.�
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De ty C14,to the Board William H. Jerke, Chair,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
MAY 0 5 2000
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this j may of Fn p,1/4/
20 P2,by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD.
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Witness my hand and offici s%al: ..I
PUB G Cif
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' ary Public
OF C0C..
My commission expires:My Comm'sson Expires May 15.2010
Page 2 of 2 page
1111111 11111 III 11111 IF 11111111111 III 11111 III III!
3554716 05/16/2008 12:03P Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder /3,2%;_9 cccs'
EXHIBIT"A"
PARCEL NUMBER: 3
DATE: JANUARY 02,2008
DESCRIPTION
A TRACT OR PARCEL OF LAND NO. 3 CONTAINING 2,289 SQUARE FEET(0.053 ACRES), MORE OR LESS,
BEING A PORTION OF LOT A, RECORDED EXEMPTION NO. 1473-32-3-RE-872 UNDER RECEPTION NO.
2070392 IN THE RECORDS OF THE WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID TRACT OR PARCEL
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32;THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 01°09'50"WEST, A DISTANCE OF 30.00 FEET TO A LINE
PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°27'14" EAST, A DISTANCE OF 30.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET EASTERLY FROM SAID WESTERLY LINE OF THE SOUTHWEST
QUARTER, AND THE POINT OF BEGINNING;
1. THENCE ALONG SAID PARALLEL LINE NORTH 01°09'50"WEST, A DISTANCE OF 151.30 FEET;
2. THENCE DEPARTING SAID PARALLEL LINE SOUTH 12°26'58" EAST,A DISTANCE OF 154.61 FEET
TO SAID LINE PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF
SAID SOUTHWEST QUARTER;
3. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'14"WEST, A DISTANCE OF 30.26 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,289 SQUARE FEET(0.053 ACRES), MORE OR LESS.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'14" EAST BETWEEN THE 2-1/2"
DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE
SOUTHWEST CORNER OF SECTION 32 TO THE 2-1/2"DIAMETER ALUMINUM CAPPED MONUMENT
STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 32.
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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
3.doc,16307-01,01-02-2008
11 111111 11111 111111 11111 11111 11111 11111 III IIIII 110 1111 Page 1 of 1
3554716 05/16/2008 12:03P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Scott E. Omiston and Tamara D.
Ormiston, whose address is 10475 Clarkson Street,Northglenn, Colorado 80233 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 grading. shaping and relocating the existing driveway and construction of a
roadside ditch 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-3 and TE-3A
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 June 1, 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. The new driveway will be constructed of an asphalt surface
similar to the existing driveway.
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
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3554717 05/16/2008 12:03P Weld County, CO
4 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
&CZ'S'-/3 Zl
5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
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,
administrator sue ors and assigns of the respective parties hereto.
a
Sc t E. rmiston, Owner Tamara D. Ormiston, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 027 day of
4/or' / y�2008 .J2 Scott E. Ormiston and Tamara D. Ormiston, Owners
Witnes�my hand anco icial seal.
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_ NotaryPu is 4,6 13 tea(-7s4e/r `eg/"oi
My commission expires: G/a o/d o 7O
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
Ell
ATTEST: f �`2eC(� ��.`,ni"z COUNTY OF WELD, STATE OF
---\ OLORADO, GRANTEE
De u y Cle to the Board ,r' William H. Jerke, Chairman, Board of
.. County Commissioners.
NAY 0 5 2008
Page 2 of 2 pages
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3554717 05/16/2008 12:03P Weld County, CO
5 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"A"
PARCEL NUMBER: TE-3
DATE: JANUARY 02, 2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-3 CONTAINING 1,110 SQUARE FEET(0.025 ACRES), MORE OR LESS,
BEING A PORTION OF LOT A, RECORDED EXEMPTION NO. 1473-32-3-RE-872 UNDER RECEPTION NO.
2070392 IN THE RECORDS OF THE WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, 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 SOUTHWEST CORNER,OF SAID SECTION 32;THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 01°09'50"WEST, A DISTANCE OF 30.00 FEET TO A LINE
PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°2714" EAST, A DISTANCE OF 614.32 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'46"WEST, A DISTANCE OF 10.00 FEET;
2. THENCE NORTH 89°27'14" EAST,A DISTANCE OF 111.00 FEET TO THE EASTERLY LINE OF SAID
LOT A;
3. THENCE ALONG SAID EASTERLY LINE SOUTH 00°32'46" EAST,A DISTANCE OF 10.00 FEET TO
SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'14"WEST,A DISTANCE OF 111.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,110 SQUARE FEET(0.025 ACRES), MORE OR LESS.
FOR THE PURPOSES OF ROADWAY CONSTRUCTION AND REMOVAL OF AN EXISTING FENCE.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'14" EAST BETWEEN THE 2-1/2"
DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE
SOUTHWEST CORNER OF SECTION 32 TO THE 2-1/2"DIAMETER ALUMINUM CAPPED MONUMENT
STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 32.
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For and on Behalf of
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Dean E. Cates, PLS 22561
Aztec Consultants, Inc.
300 E. Mineral Ave., Suite 1
Littleton, CO 80122
TE-3.doc,16307-01,01-02-2008
Page 1 of 1
1 111111 11111 111111 11111 11111 111111 11111 III 111111//1 1111
3554717 05/16/2008 12:03P Weld County, CO
6 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-3A
DATE:JANUARY 30,2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-3A CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS,
BEING A PORTION OF LOT A, RECORDED EXEMPTION NO. 1473-32-3-RE-872 UNDER RECEPTION NO.
2070392 IN THE RECORDS OF THE WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, 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 SOUTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 01°09'50"WEST, A DISTANCE OF 30.00 FEET TO A LINE
PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER;THENCE ALONG SAID PARALLEL LINE NORTH 89°27'14" EAST, A DISTANCE OF 524.32 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 09°11'12" EAST, A DISTANCE OF 51.72 FEET;
2. THENCE SOUTH 80°48'48" EAST,A DISTANCE OF 20.00 FEET;
3. THENCE SOUTH 09°11'12"WEST, A DISTANCE OF 48.28 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'14"WEST, A DISTANCE OF 20.29 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS.
FOR THE PURPOSES OF DRIVEWAY CONSTRUCTION.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'14" EAST BETWEEN THE 2-1/2"
DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE
SOUTHWEST CORNER OF SECTION 32 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT
STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 32.
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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-3A.doc,16307-01,01-30-2008
Page 1 of 1
1111 11111 11111 1111111111 111111 111 11 III 11111 IIII IIII
3554717 05/16/2008 12:03P Weld County, CO
7 of 7 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder
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