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Home My WebLink About20081822.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 42 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - PODTBURG DAIRY LIMITED PARTNERSHIP, LLLP 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 42 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 Podtburg Dairy Limited Partnership, LLLP, 5651 County Road 42,Johnstown, Colorado 80534, 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 accept said grant of permanent easement and said temporary construction 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 for Conveyance of Easement, a Grant of Permanent Easement, and a Temporary Construction Easement for Improvements to County Road 42, 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 Podtburg Dairy Limited Partnership, LLLP, be, and hereby are, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 2008-1822 00 PIA), FL 1}Y'Jk- o�S 16L�CS EG0058 AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 42 - PODTBURG DAIRY LIMITED PARTNERSHIP, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D., 2008. <T-7:,--,---, BOARD OF COUNTY COMMISSIONERS i WELD COUNTY, COLORADO ATTEST: =' '2-i,i L ^-*` °51ki: � .��! William H. Jerke, Chair Weld County Clerk to C� I EXCUSED 9/y \ „;.." Robert D. Masde?i, Pro-Tem Deputy Cle to the Board L /� With F. Garcia A %ASO d� o,"V C� David E. Long nn — l��ra\ d� n y Attorney oe' vv.,� ougla Rademacher Date of signature: 7/vaca 2008-1822 EG0058 ‘Hees" MEMORANDUM CTO: Clerk to the Board DATE: June 26, 2008 • COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement for Conveyance of Easement,Exhibit B, Grant of Permanent Easement, and Exhibit C, Temporary Construction Easement with Podtburg Dairy Limited Partnership for improvements to WCR 42 M:\Francie\Agend-Lcon.doc • 2008-1822 391 AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 42 BETWEEN PODTBURG DAIRY LIMITED PARTNERSHIP, LLLP AND WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this 3 o day of ttc'1 , 2008, by and between Podtburg Dairy Limited Partnership, LLLP, whose address is 5651 Weld County Road 42, Johnstown, Colorado 80534, 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`h Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 42, and WHEREAS, Owner owns property described in the attached Exhibit"A",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 two Easements, as shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Sixteen Hundred and no/100 ($1600.00) dollars. This consideration is being offered in lieu of condemnation. 2. Owner agrees to grant a Permanent Easement to County by using substantially the Permanent Easement Form which is attached hereto as Exhibit "B" and a Temporary Construction Easement by using substantially the Temporary Construction Easement form which is attached hereto as Exhibit "C" free and Page 1 of 2 Pages 1 111111 11111 111111 111111 11111 III 1111111 III 111111111 IIII 3568391 07/25/2008 11:51A Weld County, CO 1 of 16 R 0.00 D 0.00 Steve Moreno Clerk S Recorder clear of all encumbrances, except existing easements. 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 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. 6. County agrees to reimburse the Owner the sum of Six Hundred and no/100 ($600.00) dollars for the removal of four mature trees that need to be removed to allow for this construction. 7. County agrees to reimburse the Owner the sum of Six Hundred Twenty Five and no/100 ($625.00) dollars for the replacement of the existing fence that will be removed by the County 8. County will repair the existing erosion ditch that is west of the culvert and north of the road. County will use rip rap or similar erosion protection to protect the repaired area 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. Page 2 of 2 Pages 1111111 11111 IIIIII IIIIII 11111 III 1111111 III 11111 IIII IIII 3568391 07/25/2008 11:51A Weld County, CO 2 of 16 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. OWNER: PODTBURY DAIRY LIMITED PARTNERSHIP LLLP Rick Podtburg, General Partn ILI/ r ATTEST: ��6i:� �" ";� `-� BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF ( "--2 — COLORADO Weld County Clerk to the 1C oa �.'`�. BY: /I .A' ?i� =il� BY: Deputy Clerk t. e Board William H. Jerke, Chairman JUN 3 0 2008 11111111111111111111111111111 ill 111111IIIIICHIII! IIII 3568391 07/25/2008 11:51A Weld County, CO 3 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 2 Pages &on?-/?a EXHIBIT-A S24-T4N-R68W LEGAL DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" DIA. ALUMINUM CAP STAMPED JONES LS#22098, KING SURVEYORS INC. 1995 AND ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AS BEARING NORTH 89'33'10" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'33'10" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 866.99 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00'26'50" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 ALSO BEING THE POINT OF BEGINNING. • THENCE NORTH 68'38'39" EAST A DISTANCE OF 117.75 FEET; THENCE SOUTH 73'06'12" EAST A DISTANCE OF 111.97 FEET; THENCE SOUTH 00'26'50" EAST TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 8.64 FEET; THENCE SOUTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 216.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,018.4 SQ. FT. OR 0.115 ACRES MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 1111111111111111111111111111 III 1111111 �� 11111 �� IIII 3568391 07/25/2008 11:51A Weld County, CO 4 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS PERMANENT EASEMENT �4Ct DEPARTMENT PODTBURG DAIRY ionic PROJECT: COUNTY ROAD 42 5651 WCR 42 PROJECT: SCALE; JOHNSTOWN, COLORADO COLORADO DATE: DRAWN BY: SHEET: MAY 20,2008 JHB 1 of 3 • EXHIBIT-A S24-T4N-R68W LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" DIA. ALUMINUM CAP STAMPED JONES LS#22098, KING SURVEYORS INC. 1995 AND ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AS BEARING NORTH 89'33'10" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'33'10" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 782.85 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00'26'50" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 ALSO BEING THE POINT OF BEGINNING: THENCE NORTH 03'33'29" WEST A DISTANCE OF 164.98 FEET; THENCE NORTH 87'55'24" EAST A DISTANCE OF 175.80 FEET; THENCE SOUTH 02'49'14" WEST A DISTANCE OF 69.85 FEET; THENCE NORTH 89'33'10" EAST A DISTANCE OF 138.22 FEET; THENCE SOUTH 00'26'50" EAST A DISTANCE OF 91.35 FEET; THENCE NORTH 73'06'12" WEST A DISTANCE OF 111.97 FEET; THENCE SOUTH 68'38'39" WEST A DISTANCE OF 66.42 FEET; THENCE NORTH 02'49'14" EAST A DISTANCE OF 124.71 FEET; THENCE SOUTH 87'55'24" WEST A DISTANCE OF 99.00 FEET; THENCE SOUTH 56'15'25" WEST A DISTANCE OF 27.20 FEET; THENCE SOUTH 03'59'01" EAST TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 125.31 FEET; THENCE SOUTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 21,406.5 SQ. FT. OR 0.491 ACRES MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. MID 111111 111111 11111 III 1111111 III 11111 Illl I'll 3568391 07/25/2008 11:51A Weld County, CO 5 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TEMPORARY WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT aeor, DEPARTMENT WELD COUNTY ROAD 42 PODTBURG DAIRY �. 5651 WCR 42 PROJECT: SCALE; JOHNSTOWN, COLORADO COLORADO DATE: MAY 20,2008 DRAWN BY: JHB SHEET: 2 013 EXHIBIT-A S24-T4N-R68W PODTBURG DAIRY‘f LIMITED PARTNERSHIP LLLP RECP.#2590382 N 87'55'24" E 175.80' T S 02'49'14" W Z�- j-� 69.85' j��, $ 87'55'24' W�;//�EMPORARY CONSTRUCTION N5✓ 'CA Lill Al,489'33'10_ E_138.2 EASEMENT 21,406.5 SOFT. I N "IT--. N _io -0)(h/ �o cNi�icWn -ti-d- �� Io �wI' _ NI^ 1511O1•CTI PERMANENT EASEMENT p�-'IoZL1 "2'fr 5,018.4 SOFT. FOUNDS 1 4 coI I ' I /t''G x\K \q17`6,7 824-T4N R68W - a^ i i _..L3 S 89'33 10 W 216.87' 60'ROW _ N 893310 E EXISTING 24 yMr ifge/.10 ,en 5O4N74NE R68W _LB __ BASTS TSF�EARINGS __ TO WCR 13—+— LINE TABLE L1 S 68'38'39" W 66.42' L2 S 56'15'25" W 27.20' L3 S 89'33'10" W 25.23' L4 N 68'38'39" E 117.75' 1111111 11111 111111 111111 11111 III 1111111 111 11111 1111 1111 L5 S 00'26'50" E 8.64' 3568391 07/25/2008 11:51A Weld County, CO 6 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. TEMPORARY&PERMANENT WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENTS4*647 DEPARTMENT PODTBURG DAIRY �IIDC WELD COUNTY ROAD 42 5651 WCR 42 PROJECT: SCALE; 1"=100' JOHNSTOWN, COLORADO COLORADO DATE: MAY 15,2008 DRAWN BY: JHB SHEET: 3 of 3 "EXHIBIT B" GRANT OF PERMANENT EASEMENT (Podtburg Dairy Limited Partnership LLLP-Weld County) This Grant of Permanent Easement is made by and between Podtburg Dairy Limited Partnership LLLP, whose address is 5651 Weld County Road 42, Johnstown, Colorado 80534 (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 rebuilding the associated drainage swale The location of the easement parcel is described as follows: See Exhibit"A" 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 associated drain swale.. 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. 11111111111111111111111111II1 III 1111111 III BO IT 1111 3568391 07/25/2008 11:51A Weld County, CO 7 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 1 of 2 page O -/0a IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: PODTBURG DAIRY LIMITED PARTNERSHIP LLLP Rick Podtburg, General Partn r STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2)Q day of ✓ R`/ , 2008, by Rick Podtburg, General Partner for Podtburg Dairy Limited Partnership LLLP Witness my hand and official seal. My commission expires: O -oV -o? I �� LEON W SEVERS f NOTARY PURUC STATE OF COLORADOstroatneetennessessi $ The Grantee� hereby accepts this easement for the purposes set forth herein on this the 30 day of yCG'n-Q� , 2008 COUNTY OF WELD, STATE OF ATTEST: ,1. COLORADO, GRANTEE tt v /] z fi�.r�� i�` ` 1 --1st Deputy C1er, o t e Board I I:1 William H. Jerke, Chairman, Board of County Commissioners of Weld County, Colorado JUN 3 0 2008 1 111111 11111 111111 111111 11111 III 1111111 III 11111 1111 1111 3568391 07/25/2008 11:51A Weld County, CO 8 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 2 page ODD-/A,,R EXHIBIT-A S24-T4N-R68W LEGAL DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" DIA. ALUMINUM CAP STAMPED JONES LS#22098, KING SURVEYORS INC. 1995 AND ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AS BEARING NORTH 89'33'10" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'33'10" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 866.99 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00'26'50" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 ALSO BEING THE POINT OF BEGINNING: THENCE NORTH 68'38'39" EAST A DISTANCE OF 117.75 FEET; THENCE SOUTH 73'06'12" EAST A DISTANCE OF 111.97 FEET; THENCE SOUTH 00'26'50" EAST TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 8.64 FEET; THENCE SOUTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 216.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,018.4 SQ. FT. OR 0.115 ACRES MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 1111111 11111 1111111311 MI I I 11111111111111111111 I I I I 3568391 07/25/2008 11:51A Weld County, CO 9 of 16 R 0.00 0 0.00 Steve Moreno Clerk & Recorder PERMANENT EASEMENT WELD COUNTY PUBLIC WORKS DEPARTMENT PODTBURG DAIRY link PROJECT' COUNTY ROAD 42 5651 WCR 42 PROJECT: SCALE; JOHNSTOWN, COLORADO COLORADO DATE: DRAWN BY: SHEET MAY 20,2008 JHB 1 of 3 • EXHIBIT-A S24-T4N-R68W LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE SOUTH QUARTER CORNER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" DIA. ALUMINUM CAP STAMPED JONES LS#22098, KING SURVEYORS INC. 1995 AND ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AS BEARING NORTH 89'33'10" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'33'10" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 782.85 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00'26'50" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 ALSO BEING THE POINT OF BEGINNING. THENCE NORTH 03'33'29" WEST A DISTANCE OF 164.98 FEET; THENCE NORTH 87'55'24" EAST A DISTANCE OF 175.80 FEET; THENCE SOUTH 02'49'14" WEST A DISTANCE OF 69.85 FEET; THENCE NORTH 89'33'10" EAST A DISTANCE OF 138.22 FEET; THENCE SOUTH 00'26'50" EAST A DISTANCE OF 91.35 FEET; THENCE NORTH 73'06'12" WEST A DISTANCE OF 111.97 FEET; THENCE SOUTH 68'38'39" WEST A DISTANCE OF 66.42 FEET; THENCE NORTH 02'49'14" EAST A DISTANCE OF 124.71 FEET; THENCE SOUTH 87'55'24" WEST A DISTANCE OF 99.00 FEET; THENCE SOUTH 56'15'25" WEST A DISTANCE OF 27.2D FEET; THENCE SOUTH 03'59'01" EAST TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 125.31 FEET; THENCE SOUTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 21,406.5 SQ. FT. OR 0.491 ACRES MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. MID 11111 111111 111111 11111 III 1111111 DIM III Illl 3568391 07/25/2008 11:51A Weld County, CO 10 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder TEMPORARY a WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT / \ DEPARTMENT aVI wine WELD COUNTY ROAD 42 PODTBURG DAIRY 5651 WCR 42 SCALE: JOHNSTOWN, COLORADO COLORADO DATE: MAY 20,2008 DRAWN BY: JHB SHEET: 2 of 3 EXHIBIT-A S24-T4N-R68W PODTBURG DAIRY gf. LIMITED PARTNERSHIP LLLP RECP.#2590382 N 87'5524" E 175.80' 1 S 02'49'14" W z r' f-77: 69.85' o'tf ss.5'2 i 1 w�1 r�,'LS 8755'24" W� TEMPORARY CONSTRUCTION N 1 /��11111 ail _89'33'10" E_138_22' EASEMENT 21,406.5 SOFT. ✓. In 1_ �1 io mr�/ ;irn NIw N-1 N- 101 1 U'1(P • GN f10 ��11° of /Nlrn PERMANENT EASEMENT A✓ 711 z e, n .73'0$• , Wi 5,018.4 SOFT. FOUNDS 1/4 io1 / I ` 1 G x\(yk17� 12" S24-74N-R68W mI m 7( �A'>' '`' `' \1 gj,h W� /1 �'�'< '�n � xy��15 J L3 S 89'33 10 W 216.87' 6D'ROW N 69'3310 E _ _ EXISTING 247.20P ](]T///Y . lZ •FOUNTD4 SE R68W j_r _ .. _.._.._ �1 _ ._ _..8AST5 DF BEARINGS �1/j{� TO WCR 13--0-- LINE TABLE L1 S 68'38'39" W 66.42' L2 S 56'15'25" W 27.20' L3 S 89'33'10" W 25.23' 111111111111111111IIIII11111 III I111111III IIIIII III 1111 L4 N 68'38'39" E 117.75' 3568391 07125/2008 11:51A Meld Counry, C0 L5 S 00'26'50" E 8.64' 11 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. TEMPORARY & PERMANENT !/ ‘41?: WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENTS f( DEPARTMENT PODTBURG DAIRY 5651 WCR 42 ilk PROJECT: COUNTY ROAD 42 PROJECT: SCALE; 1"=100 JOHNSTOWN, COLORADO COLORADO DATE: DRAWN BY: SHEET: MAY 15,2008 JHB 3 of 3 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Podtburg Dairy Limited Partnership LLLP, whose address is 5651 Weld County Road 42, Johnstown, Colorado 80534 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 installation of a roadway culvert and reshaping the existing drainage channel, during the construction of improvements to Weld County Road#42, in and to, over, under and across the following described land: SEE EXHIBIT "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 May 19, 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 5. Grantee will reimburse the Grantor the sum of Six Hundred Twenty Five and no/100 ($625.00) dollars for the installation of a fence to replace the one being removed as part of this construction. Page 1 of 2 page 11111111111111111111111111111 III 1111111 I I 1111111 III 1111 3568391 07/25/2008 11:51A Weld County, CO 12 of 16 R 0.00 0 0.00 Steve Moreno Clerk& Recorder a 6. Grantee will reimburse the Grantor the sum of Six Hundred and no/100 ($600.00) dollars for the value of four existing trees that will be removed as a result of the channel grading. 7. Grantee will reimburse Grantor the sum of Seven Hundred Thirty Seven and no/100 ($737.00) 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: PODTBURG DAIRY LIMITED PARTNERSHP LLLP Rick Podtburg. General Partner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this-p day of '6n ti , 2008, by Rick Podtburg, General Partner for Podtburg Dairy Limited Partners-lip, LLLP Witness my hand and official seal. two .. , . „s.v// • g ;,vr: W SIEVERS $ 1 � ✓ l,�)GC mac, NOIAM' PUBLIC !Notary Public STATE OF COLORADO i Faaaanenaaaaaaaaa as d My commission expires: 08 _U(e-0 7 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: u i g 1 ', COUNTY OF WELD, STATE OF COLORADO, GRANTEE Deputy Cler o the Board :1 William H. Jerke, Chairman, Board of County Commissioners. JUN Page 2 of 2 pages 3 0 2008 111111111111 DIN 11111111111III1111111 III Until 3568391 07/25/2008 11:51A Weld County, CO 13 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &oaf-/t&4' EXHIBIT-A S24-T4N-R68W LEGAL DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" DIA. ALUMINUM CAP STAMPED JONES LS#22098, KING SURVEYORS INC. 1995 AND ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AS BEARING NORTH 89'33'10" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'33'10" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 866.99 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00'26'50" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 ALSO BEING THE POINT OF BEGINNING. THENCE NORTH 68'38'39" EAST A DISTANCE OF 117.75 FEET; THENCE SOUTH 73'06'12" EAST A DISTANCE OF 111.97 FEET; THENCE SOUTH 00'26'50" EAST TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 8.64 FEET; THENCE SOUTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 216.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,018.4 SQ. FT. OR 0.115 ACRES MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 1 II1111 11111 111111 111111 11111 III 1111111 III 111111 1111111 3568391 07/25/2008 11:51A Weld County, CO 14 of 16 R 0.00 0 0.00 Steve Moreno Clerk & Recorder PERMANENT EASEMENT WELD COUNTY PUBLIC WORKS DEPARTMENT PODTBURG DAIRY voile PROJECT: SCALE: JOHNSTOWN, COLORADO COLORADO DATE: DRAWN BY: SHEET: MAY 20,2008 JHB 1 of 3 EXHIBIT-A S24-T4N-R68W LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE SOUTH QUARTER CORNER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST AND BEING A 3 1/4" DIA. ALUMINUM CAP STAMPED JONES LS#22098, KING SURVEYORS INC. 1995 AND ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AS BEARING NORTH 89'33'10" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'33'10" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 782.85 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00'26'50" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 ALSO BEING THE POINT OF BEGINNING- THENCE NORTH 03'33'29" WEST A DISTANCE OF 164.98 FEET; THENCE NORTH 87'55'24" EAST A DISTANCE OF 175.80 FEET; THENCE SOUTH 02'49'14" WEST A DISTANCE OF 69.85 FEET; THENCE NORTH 89'33'10" EAST A DISTANCE OF 138.22 FEET; THENCE SOUTH 00'26'50" EAST A DISTANCE OF 91.35 FEET; THENCE NORTH 73'06'12" WEST A DISTANCE OF 111.97 FEET; THENCE SOUTH 68'38'39" WEST A DISTANCE OF 66.42 FEET; THENCE NORTH 02'49'14" EAST A DISTANCE OF 124.71 FEET; THENCE SOUTH 87'55'24" WEST A DISTANCE OF 99.00 FEET; THENCE SOUTH 56'15'25" WEST A DISTANCE OF 27.20 FEET; THENCE SOUTH 03'59'01" EAST TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 125.31 FEET; THENCE SOUTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 21,406.5 SQ. FT. OR 0.491 ACRES MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. II'III 'II'I IIIIII VIII' VIII III IIIIIII III VIII' III IIII 3568391 07/25/2008 11:51A Weld County CO 15 of 16 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder TEMPORARY a WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENTt DEPARTMENT WELD COUNTY ROAD 42 PODTBURG DAIRY wine 5651 WCR 42 O PROJECT: SCALE; JOHNSTOWN, COLORADO COLORADO DATE: DRAWN BY: SHEET MAY 20,2008 JHB 2 of 3 EXHIBIT-A S24-T4N-R68W f PODTBURG DAIRY LIMITED PARTNERSHIP LLLP RECP.#2590382 N_87'55'24" E _175.80' T S 02'49'14" W zo r772_,9-97.207-7_//-1, 7 f j �� f 69.85' o i/ / 99.00_ f� f1 w1 ��y�5 8755'24" W TEMPORARY CONSTRUCTION N 1 /��//j1111 w�LN 89'33'10" E 138.22' EASEMENT 21,406.5 SQ.FT.. o "1-,_::-/- I 1 �In 1O I 1 NIV1 CVL.- -•1O �r wll° ol'- /i:rn PERMANENT EASEMENT 1 1 ?✓l�l+� z 2 ^S�5.306• ,, , 1� 5,018.4 SQ.FT. FOUNDS 1/4 tol / + ' �1F�%`v'(v'c111,�,1? wl 524—T4N—R68W 1 rn ..<701-.< \' ii /`<\i 9i'%� L3 S 89 33 10 W 216.87' N B9 33 10' E EXISTING 24 5MP ]/](JC-Y/7. }� FOUND SE COR. 1_,I0 - - — - �60'ROW -`6ASI§•bF BEARINGS FI�I{�/1 6 S14-T4N R68W _- - TO WCR 13 LINE TABLE L1 S 68'38'39" W 66.42' L2 S 56'15'25" W 27.20' L3 S 89'33'10" W 25.23' L4 N 68'38'39" E 117.75' 1 1111111 11111 111111 111111 11111 111 1111111 III 111111 111 1111 L5 S 00'26'50" E 8.64'- 3568391 07/25/2008 11:51A Weld County, CO 16 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. TEMPORARY &PERMANENT WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENTS Ant640.1" DEPARTMENT PODTBURG DAIRY viol WELD COUNTY ROAD 42 PROJECT: 5651 WCR 42 SCALE; 1"=100' JOHNSTOWN, COLORADO COLORADO DATE: DRAWN BY: SHEET: MAY 15,2008 JHB 3 of 3 Hello