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Home My WebLink About20071590.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - I AND J PARTNERSHIP, LP 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 Roads 3 and 1.5 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 I and J Partnership, LP, 6530 Daylilly Court, Niwot, Colorado 80503, 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 Roads 3 and 1.5 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 I and J Partnership, LP, 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 6th day of June, A.D., 2007. BOARD OF COUNTY COMMISSIONERS L1,1 a�� ELD COUNTY, COLORADO ATTEST: ikutki ! j i, � � USED id E. Long, Chair Weld County Clerk to the B 4r&4.0 "I, � �,�� °� I illiam ;r� , pro-Tem BY: girt �l �• r...►I � l De Cle to the Boar Willia F. Garcia APP AST • (Q tL Robert D. Masden un ttorney -01.49.C2v0einaaivo/— / Doug as emacher Date of signature: �h1�167 2007-1590 EG0056 (24 ; ,� �� 07-()6 --(27 MEMORANDUM ' TO: Clerk to the Board DATE: June 1, 2007 C. COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement concerning purchase of ROW for improvements to WCRs 3 and 1.5 with I & J Partnership The appropriate documentation is attached. M:\Francie\Agenda Item.doc ti 0 M o O z arn — 111 I n -n p C �1 in-7_i 77 7� N —J 2007-1590 269 Page I of 3 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3 & 1.5 BETWEEN I & J PARTNERSHIP AND WELD COUNTY, COLORADO 113 THIS AGREEMENT is made this I L day of May, 2007, by and between I & J PARTNERSHIP LP whose address is 6530 Daylilly Court Niwot, Colorado 80503, 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 10`h Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 3 & 1.5, and WHEREAS, Owner owns the property described in the attached Exhibit "A" and 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", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Twenty Seven Thousand One Hundred Ninety Three and no/100 ($27,193.00) 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. C6\I9PF611-LDMApu-rmm I]rmrcntip uvsn 3W705'SMc 1111111111111111111111111111 EMI 11111 III Hill IIII IIII 3485269 06/22/2007 11:56A Weld County, Co 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 07OD 7- /SyD Page 2 of 3 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, provided, however,that payment shall be made by the County no later than thirty(30)days from the date of this Agreement. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2007 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. 8. County agrees to compensate the Owner the sum of Twenty Five Thousand Twenty and no/100 ($25,020.00) dollars for the relocation of the existing irrigation lateral. 9. County will reimburse the Owner the Sum of Two Hundred and no/100 ($200.00) dollars for the execution of the Temporary Construction Easement form as attached hereto. 10. County will reimburse the Owner the sum of Four Thousand Nine Hundred Seventy Five and no/100 ($4,975.00) dollars for the value of fencing being removed due to the new road construction. The fencing being removed is described as all fencing lying within the new road right-of-way. (}PWFF.II;urmv, „cn,I I Partnership RVSI)20070516 doc 1111111111111111111111111111 EMI 11111 III 11111 IIII IIII 3485269 06/22/2007 11:56A Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 3 11. County will reimburse the Owner the Sum of One Hundred and no/100($100.00) dollars for the execution of the Permanent Easement form. 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: I &J PARTNERSHIP, LP By: L. Pfeiff, Auth rizd&I`Agent "' >9' ATTEST: � i'4 -La` BOARD OF COUNTY Weld County Clerk to the B .i' d %COMMISSIONERS OF WELD 186( �rj ^, o ' OUNTY, STATE OF COLORADO r----- t; �/ a( s By: fit' 4LC& ►� '� �2 -; Deputy Cler the Board �ka.'.� William H. Jerke, Chair Pro-Tem 06/06/2007 1111111 11111 111111 11111 11111 11111111111 III 11111 IIII 101 3485269 06/22/2007 11:56A Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ci WWFE11:\UMW:umnt I l rmmship RVSD 20010516 dcc 07a2,59C EXHIBIT "A" 1A NPARCEL OF LAD ORTH, RAN EN 68 LOCATED WEST OF THE SIXTH SOUTHEASTRTER COUNTY OFF SECTION 6, T HIP WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, AMENDED RECORDED EXEMPTION 4 RECORDER'S OFFICE,1 IN COUNTY BEING MORE PARTICULARLY DESCRIBED AS ANDFOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ASSUMED TO BEAR NO0'56'30"E A DISTANCE OF 2674.67 FEET,SECTION O7, TO A 33'R M A 3" BRASS CAP FOUND AT THE EAST BRASS CAP FOUND AT THE NORTHEAST CORNER OF SAID SECTION 7; BEGINNING CORNER 5 DISTANCE OF 1661.16 FEET FROM SAID NORTHEAST QUARTER OF SECTION THENCE NO0'59'07"E A DISTANCE OF 244.40 FEET; THENCE 589'00'53"E A DISTANCE OF 10.00 FEET; THENCE NOO'59'07"E A DISTANCE OF 200.00 FEET; THENCE S89'00'53"E A DISTANCE OF 5.00 FEET; THENCE NOO'59'07"E A DISTANCE OF 458.26 FEET; THENCE S31'41'46"E A DISTANCE OF 18.06 FEET; THENCE 500'58'10"W A DISTANCE OF 893.88 FEET; THENCE N74'35'41"W A DISTANCE OF 25.81 FEET; WHENCE SAID EAST QUARTER CORNER OF SECTION 7 BEARS 500'14'12"W A DISTANCE OF 4335.30 FEET; SAID PARCEL CONTAINS 13,584 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. 0439 IQ/ PZ: oF. ' A,�• '�L.S. 31158 DATE FOR ANN C RIS ' .L1��. "ECISION SURVEY MAPPING, INC. ' B; lye? & 1 IUD 11111 MEI "tit 111111 11111 III 11111 IIII 1111 3485269 06/22/2007 11:56A Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SHEET 1 OF X EXHIBIT MAP "A" \ \i, i,\ ADDITIONAL RIGHT-OF-WAY \ V('\ AQUISITION \I \ LINE TABLE SE1/4 SEC. 6 !. ( LINE BEARING DISTANCE T1N, R68W, 6TH P.M. Dh \ L1 N00'59'07"E 244.40' A \ L2 S89'00'53"E 10.00' PROPOSED \ L3 N00'59'07"E 200.00' 20' TEMPORARY i CONSTRUCTION I \ L4 S89'00'53"E 5.00' EASEMENT / \\\ "L5 NO0'59'07"E 458.26' --� \\-J L6 S31'41'46'E 18.06' / \.L7 SO0'58'10'W 893.88' LOT B RIGHT—OF—WAY i \ L8 N74'35'41"W 25.81' AOUISIT10N AREA \ i\ 13,584 SQ. FT. ± fI \ 7 \ OWNER: 40' R.O.W� ;-4 \�/ \ RICHARD BULTHAUP RESERVATION e SW1/4 SEC. 5 RECEPTION NO. 3288740 /\ T1 N, R68W, 6TH P.M. A \ \ ADDITIONAL', RIGHT-OF-WAY 2ND AMENDED RECORDED EXEMPTION L ' J \AQUISITION N NO. 1467-6-1-2ND AMRE-3402 Y � \ V __\ ry I '\\ �y \ � \ PROPOSED V \ \\ PERMANENT }�,`II!'i M ZEASEMENT \ ' N LOWER BOULDER DITCH L2 V U IRRIGATION DITCH R/W—\ EASEMENT PER /I' 3 FOR LOWER BOULDER \� \ \ �K. 1443, PG. 175(TRACT "A") / RESERVOIR AND DITCH CO \ N yY \\\N.N. ./C LOWER RIGHT-OF-WAY EASEMENT DECHNT N. /III' 1 'C/� \ 7;4 // LOWER BOULDER DITCH I � , I EASEMENT PER BK. 1443, PG. 175(TRACT "E") ' \ \\\\ \ . • ADDITIONAL l RECORDED EXEMPTION I 1"-. RIGHT-OF-WAY /) NO. 1467-06-4-RE3378 \ y' ' ✓ ` AOUISITION L8 ` / 'O POINT OF -„J-1$ _ — P i S LOT A BEGINNING i1�N ;�_ z a9 _ / =ow >� .— Y i ;P I 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS _z.6— = OF THE COUNTY ASSESSOR. =U 2.) ACCORDING TO COLORADO LAW. YOU MUST V � -.: COMMENCE ANY LEGAL ACTION BASED UPON ANY C: NE COR SEC 7 -; DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER �"O d T1N, R68W, 6TH PM 1,'^ YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT -d o -FOUND 3" BRASS CAP MAAY ANY ACTION BASED UPON ANY DEFECT IN THIS ��j 2 ,^o SURVEY BE COMMENCED MORE THAN TEN YEARS E LINE NE1/4 SECTION 7/ Ia`' HFTE ERE THE DATE OF THE CERTIFICATION SHOWN �Q BASIS OF BEARING HEREON. iN },) THE ONLY PURPOSE OF THIS EXHIBIT IS TO Co w SHOW THE LOCATION OF THE EASEMENT(S). -r G 0 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND p "' VOID IF IT DOES NOT BEAR THE ORIGINAL �n SIGNATURE AND SEAL OF THE PROFESSIONAL LAND —1-C o SURVEYOR OR IF ALTERED IN ANY WAY. �_O CI E1/4 COP SEC 7 0 TIN, R68W, 6TH PM - z NO FOUND 3" BRASS CAP EXHIBIT MAP "A" =N� 10 0 0�0Bery� IIIryYMT1 ORS. BY: A.R.B. nu. WCR J WELD COUNTY ROAD 3 O CC yMDNIO�IW�yyWyn�l 1yYI ffii y��1��ya.T'.�'y1i �/ — / 1760 5,1 Jloire S ENO. BY: LF.L SKIT: 2 OF l-r RI.6. T BUI TH4UP a) -1_rY/11]60 S. Bellaire St., Ste. 230 OA1E 09/29/06 JOB IF R6102 SEI/4 SEC. 6. TIN, R66W, 6111 P.M. =I O TEN(30 CO 80222 I'''12a' 13564 SQ..R. COUNTY OF WELD, STATE OF COLORADO TEL(3113)>5J-8]98 FA%:(30.])]53-4DH SCALE: AREA: _0310 EXHIBIT "A" 1PARCEL OF NORTH, RANGE 68 D LOCATED WEST OF THE SIXTH O NORTHEAST PRINCIPAL AMERDIAN,RTER OF SCO COUNTY OF ECTION 6, TOWNSHIP WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, 2ND AMENDED RECORDED EXEMPTION NO. 1467-06-1-2ND-AMRE-3402, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 6, ASSUMED TO BEAR NO1'02'50"E A DISTANCE OF 1460.87 FEET, FROM A NO. 5 REBAR FOUND AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6, TO A 2" ALUMINUM CAP L.S.# 25937 FOUND AT THE NORTHEAST CORNER OF SAID SECTION 6; BEGINNING AT A POINT WHICH BEARS 534'09'48"W A DISTANCE OF 91.33 FEET FROM SAID NORTHEAST CORNER OF SECTION 6; THENCE 544'00'13"E A DISTANCE OF 28.26 FEET; THENCE 501'03'08"W A DISTANCE OF 1096.78 FEET; THENCE 556'40'42"W A DISTANCE OF 24.23 FEET; THENCE NO1'03'08"E A DISTANCE OF 1130.42 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6 BEARS SO1'01'01"E A DISTANCE OF 1385.28 FEET; SAID PARCEL CONTAINS 22,273 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND AND ACCURATE TO THE BEST OF MY KNOWLEDGE.• • •¢, . . i:. : ' 31158 ATE FOR CHRISTOP �1v �'::'. FOR AND 0 �. 'I� LF OF P` � ION SURVEY & MAPPING, INC. �NA LANas HRH III" 111111VIII I1I1I111111VIIIIIIVIIIIIII IIII 3485269 06/22/2007 11:56A Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ISHEET OF EXHIBIT MAP "A" CIF"P68W.S THI PM _ 534'09'48"W , n HIGHWAY 52 91.33I(TIE) r' 1 PROPOSED _- -- '("J PERMANENT / POINT OF I EASEMENT BEGINNING / / y Fes—UNITED POWER Ci,i, / R.O.W. EASEMENT Z / REC NO 2364481 R-- / LOT B 40' R.D.W.---1 �- w I RESERVATION M UT ct / a / NW1/4 SEC. 5 c0 // it T1N, R6BW, 6TH P.M. z /oa1 / ml EL / o 1^ RECORDED EXEMPTION L^ m NO. 1467-05-2-RE-2433 W C / Q / / e CA Z / wl * / LINE TABLE /• 1. LINE BEARING DISTANCE / i L1 S44-'00113”E 28.26' RIGHT-OF-WAY L2 SO1'03'O8'W 1096.78' ACQUISITION AREA I / L3 856'40'42"W 24.23' 22,273 SQ. FT. ± I I / w� L4 N01'03'08"E 1130.42' */ J J/ LOT A NE1/4 SEC. 6 / y T1N, R68W, 6TH P.M. / 9 / I NORTHERN COLORADO WATER ID / CONSERVANCY DISTRICT EASEMENT M co / I BOOK 1445 PAGE 85 �VCS� LOTB / ir / � _ ��,� / M =V / Io _ a 2 / O E, OWNER: / I 3 / .7-- — i g f RICHARD BULTHAUP r: / / y RECEPTION NO. 3288740 / / i I / 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS —In OF THE COUNTY ASSESSOR. / I 2.) ACCORDING TO COLORADO LAW, YOU MUST T O COMMENCE ANY LEGAL ACTION BASED UPON ANY 0 / / DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER __n o n YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT G CI 0 W MAY ANY ACTION BASED UPON ANY DEFECT IN IRIS N zi^.) SURVEY BE COMMENCED MORE THAN TEN YEARS • owN AFTER THE DATE OF THE CERTIFICATION SHOWN —NO LOWER BOULDER DITCH I / p a w N HEREON. M CO C BK.E11443, PG. 175(TRACT "B") yl." ,y 1I 8'8 ' 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO —0� / / oz SHOW THE LOCATION OF THE EASEMENT(S). \' w D cj 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND co r-- --- o I I Z L) VOID IF IT DOES NOT BEAR THE ORIGINAL —N Hi H ILSIGNATURE AND SEAL OF THE PROFESSIONAL LAND ��p SE C6, NE1/4 NE1/4 I o H SURVEYOR OR IF ALTERED IN ANY WAY. SEC 6, TIN, R68W. IL� Cn 7 6TH P.M. FOUND NO. 5 o REBAR-NO CAP 1= EXHIBIT MAP "A" /� /// / / II I_ PEW SEE NO rrrRDerA pRN.By A.R.S. RlL WCR S WELD COUNTY ROAD 3 / _IIILWMI 80222 Iy��'B�.P11��.�'�r.,11 IC. 6HN0, Bi:J.F.L Snu: iii,or RICHARD BUT IHAUP _�Y/11]80 5. Bellaire Bt,Ste. 230 DATE:09/29/06 ,pe g R6102 NEI/4 SEC. 6, T1N, R68W, 6TH P.M. Denver, CO I'�120' AREA T2,T73 03 FT. COUNTY OF WELD. STATE OF COLORADO riD ,ce MEMORANDUM 1 C TO: Clerk to the Board DATE: 7/19/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Consent Agenda Item Deed of Dedication with I & J Partnership. The appropriate documentation is attached. M:\Francie W gend-Leon.doc N C, -� CJ / r J C r— t— O c1 r r N Cl) o D x rn m-i O -- 7:)-< C V) -J X00.7 15410 OiI4 on Pr Plc) L, /�L Eel 00510 aj DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that I & J PARTNERSHIP LP whose address is 6530 Daylilly Court Niwot, Colorado 80503, being all of the owners of certain property in Weld County,Colorado, which is described in the attached Exhibit"A",do(es) 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. OWNER: 1 & J PARTNERSHIP, LP By: Inin�. rf Everett L. Pfeiff, AAut riAgent STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 11-444"-day of QIULX\x-. , 20Dj by Everett L. Pfeiff. Witness my hand and official seal. qP\k,Y.p(.1A E t--k LI L X1J E kL}LEAH L. •• Notary Public MITCHELL; My commission expires: ao-z-7 2O le) OF COv 1111111111111111111111111111 IIII 1111111 III IIIII IIII IIII 3493478 07/30/2007 02:07P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -07 �ao7-/S9O 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(1)(a). rit Dated this O2.5— day of July , 20O7 . ATTEST: /' COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE' tiF �";' .TATE OF COLORADO THE COUNTY OF WELD 1861 II Cow BY: ga ' th4 BY: cw� Deputy ClerkQ,'�'. S the Board 4 David E. Long, Chair, BO RD OF COUNTY COMMISSION RS OF THE COUNTY OF WEL JUL 2 5 2007 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ii The foregoing instrument was acknowledged before me this O75 day of Jte/y 20O7,by,..0O;d £ Lone, Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. & Ma r O�e'a o;ubl ;PUBLIC../ My commission expires: c .- . My Commission Expires April 10,1008 1 11111111111 111111 11111 11111 1111111 III 11111 IIII IIII 3493478 07/30/2007 02:07P Weld County, CO 2 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder c o,o 2 /s9O EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, 2ND AMENDED RECORDED EXEMPTION NO. 1467-06-1-2ND-AMRE-3402, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 6, ASSUMED TO BEAR NO1'02'50"E A DISTANCE OF 1460.87 FEET, FROM A NO. 5 REBAR FOUND AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6, TO A 2" ALUMINUM CAP L.S.# 25937 FOUND AT THE NORTHEAST CORNER OF SAID SECTION 6; BEGINNING AT A POINT WHICH BEARS 534'09'48"W A DISTANCE OF 91.33 FEET FROM SAID NORTHEAST CORNER OF SECTION 6; THENCE 544'00'13"E A DISTANCE OF 28.26 FEE; THENCE SO1'03'08"W A DISTANCE OF 1096.78 FEET; THENCE 556'40'42"W A DISTANCE OF 24.23 FEET; THENCE NO1'03'08"E A DISTANCE OF 1130.42 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6 BEARS 501'01'01"E A DISTANCE OF 1385.28 FEE; SAID PARCEL CONTAINS 22,273 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND AND ACCURATE TO THE BEST OF MY KNOWLEDGE. CHRISTOP , 31158 ATE FOR AND LF OF •': ION SURVEY & MAPPING, INC. O•• 1jul1111111111111111111111 IIII 1111111 III 111111111 IIII 13478 07/30/2007 02:07P Weld County, CO SHEET 1 OF 2 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP "A" NE COR SEC 6 _ - FIU. R62W. UM PM - - ,N.( FOUND 2" ALUMINUM_ - 534'09'48'W / N. CAP LS #25937 HIGHWAY 52 91.33'(TIE) �,% 6 lc p PROPOSED 7' �) PERMANENT POINT OF EASEMENT BEGINNING / / r, 4►-UNITED POWER R.O.W. EASEMENT Z REC NO 2364481 p O 1e§ I- OT B Wro I 40' R.O.W. WW RESERVATION K ow¢ NW1/4 SEC. 5 0 o 0 T1 N, R68W, 6TH P.M. o z Ell N LU I m. C rI i 00 z r RECORDED EXEMPTION W0 NO. 1467-05-2—RE-2433 Q O ZZ U C4 v,l w ti it LINE TABLE nr LINE BEARING DISTANCE i L1 544'0013"E 28.26' RIGHT-OF-WAY Li z L2 S01'03'08'W 1096.78' ACQUISft10N AREA 22,273 SQ. FT. + JI L3 556'40'42"W 24.23' wl L4 NO1'03'08"E 1130.42' )4- -I J NE1/4 SEC. 6 LOT A T1N, R68W, 6TH P.M. I NORTHERN COLORADO WATER I CONSERVANCY DISTRICT EASEMENT BOOK 1445 PAGE 85 LOT B - M / I0 / OWNER: / /- - - - RICHARD BULTHAUP / / RECEPTION NO. 3288740 - / / I 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS I / OF THE COUNTY ASSESSOR. / 2.) ACCORDING TO COLORADO LAW, YOUMUST COMMENCE ANY LEGAL ACTION BASED UPON ANY / DEFECT IN THIS SURVEY WATHIN THREE YEARS AFTER / YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT pN. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS J� o1- tr,") SURVEY BE COMMEND MORE THAN TEN YEARS w'N AFTER THE DATE OF�1HE CEERTI CATION SHOWN LOWER BOULDER DITCH I �a w n HEREON. EASEMENT PER BK. 1443, PG. 175(TRACT "B") )" w u) 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO O SHOW THE LOCATION OF THE EASEMENT(S). w / /' I /. ti 4.) 1X15 EXHIBIT SHALL BE CONSIDERED NULL AND 0 I o z 0 VOID IF IT DOES NOT BEAR THE ORIGINAL SE COR NE1/4 NE1/4 iv u ¢ SIGNATURE AND SEAL OF 1HE PROFESSIONAL LAND SEC 6, T1N, R68W, I I-H I---I SURVEYOR OR IF ALTERED IN ANY WAY. /6TH P.M. FOUND NO. 5 0 K REBAR-NO CAP EXHIBIT MAP "A" / ,7 / / IF II i� 11)f/I1V11 f1/11N 1111 IIIRINN IN IRAN.r+= AR.5. InIF. WeR 3 WELD COUNTY ROAD 3 OF 2 RICHARDP 111111 11111 111111 IIIII 11111 IIII 1111111 III 11111 1111 1111COMFIT / P.M. N m f C UIT OF WELD, STATE OF COLORADO 3493478 07/30/2007 02:07P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, AMENDED RECORDED EXEMPTION NO. 1467-6-1-2ND-AMRE-3402, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ASSUMED TO BEAR NO0'56'30"E A DISTANCE OF 2674.67 FEET, FROM A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE NORTHEAST CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS NO0'53'54"W A DISTANCE OF 1661.16 FEET FROM SAID NORTHEAST QUARTER CORNER OF SECTION 7; THENCE NOO'59'07"E A DISTANCE OF 244.40 FEET; THENCE 589'00'53"E A DISTANCE OF 10.00 FEET; THENCE NOO'59'07"E A DISTANCE OF 200.00 FEET; THENCE S89'00'53"E A DISTANCE OF 5.00 FEET; THENCE NO0'59'07"E A DISTANCE OF 458.26 FEET; THENCE 531'41'46"E A DISTANCE OF 18.06 FEET; THENCE 500'58'10"W A DISTANCE OF 893.88 FEET; THENCE N74'35'41"W A DISTANCE OF 25.81 FEET; WHENCE SAID EAST QUARTER CORNER OF SECTION 7 BEARS 500'14'12"W A DISTANCE OF 4335.30 FEET; SAID PARCEL CONTAINS 13,584 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. C RIST A ';L.S. 31158 DATE FOR AN 1, "r B, I °cF'� CISION SURVEY & MAPPING, INC.cf>014C LANOSJ-' IIIIII VIII IIIIII VIII VIII IIII IIIIIII III VIII IIII IIII SHEET 1 OF 2 3493478 07/30/2007 02:07P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP "A" " I \ ! \ I ADDITIONAL \\ID RIGHT-OF-WAY L \ AOUISITION \ I _ 1 y \ SE1/4 SEC. 6 I. , I \ LINE TABLE Ti N, R68W, 6TH P.M. LINE BEARING DISTANCE h\ \ L1 N00'59'07"E 244.40' \ I \ \ L2 889'00'53"E 10.00' PROPOSED—I+' 20' TEMPORARY \ \\ \L3 N00'59'07"E 200.00' CONSTRUCTION I , \ N L4 S89'00'53"E 5.00' EASEMENT \\\ "L5 N00'59'07"E 458.26' \\\ L6 531'41'46"E 18.06' in LOT B J \ \.L7 800'58'10"W 893.88' RIGHT-OF-WAY \ ^ L8 N74'35'41"W 25.81' AQUISRION AREA 13,584 SO. FT. ± I / \ \ / OWNER: 40' R.O.WrA-4 / RICHARD BULTHAUP RESERVATION \/ \ SW1/4 SEC. 5 RECEPTION NO. 3288740 /\ Ti N, R68W, 6TH P.M. I \ • ADDITIONAL.. L RIGHT-OF-WAY \ 2ND AMENDED RECORDED EXEMPTION rIN AQUISITION NO. 1467-6-1-2ND AMRE-3402 k I_ \ \ Y \ \ y I _ \ in 1 PROPOSED 1, I \\ \ PERMANENT 1+) \✓ EASEMENTcc / \ \ ..\ N LOWER BOULDER DITCH L2 U IRRIGATION DITCH R/W— -N. EASEMENT PER FOR LOWER BOULDER \' n 43K. 1443, PG. 175(TRACT "A") RESERVOIR AND DITCH CO \ \ RIGHT-OF-WAY EASEMENT 1 \ LOWER BOULDER DITCH 1 \ �N \ J I LOWER BOULDER DITCH \ \ I EASEMENT PER \ I BK. 1443, PG. 175(TRACT 'E")/C/ \ \ • ADDITIONAL RECORDED EXEMPTION \ 1 RIGHT-OF-WAY NO. 1467-06-4-RE3376 \ \ ▪ \- � AQUISITION \ / / OT A POINT OF �,$ _- ` - 71/BEGINNING Iv& /N `_ _�=14-_I 'I ;P 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS I I %-- i I OF THE COUNTY ASSESSOR. I II \._., 2.) ACCORDING TO COLORADO LAW. YOU MUST NE COR SEC 7 `1 z COMMENCE ANY LEGAL ACTION BASED UPON ANY TIN, R68W, 6TH PM ``Fn DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER —FOUND 3" BRASS CAP YOU FlRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTON BASED UPON ANY DEFECT IN THIS ,D SURVEY BE COMMENCED MORE THAN TEN YEARS E LINE NE1/4 SECTION 7/ a AFTER THE DATE OF THE CERTIFICATION SHOWN BASIS OF BEARING HEREON. CV 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO LO SHOW THE LOCATION OF THE EASEMENT(S). o 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND "O VOID IF IT DOES NOT BEAR THE ORIGINAL vt°i SIGNATURE AND SEAL OF THE PROFESSIONAL LAND E1/4 COR SEC ] o SURVEYOR OR IF ALTERED IN ANY WAY. T1N, R68W, 6TH PM - z FOUND 3" BRASS CAP EXHIBIT MAP "A" -4- Dor1`I(' u any no unit W ta BA ARs. In- WCR 3 WELD COUNTY ROAD 3 a P 1 11111 11111 DIU 1111111111 IIII 1111111 III IIIII IIII Iiii Rw 136684 SO. CSE1/4 SEC.OON OF WE D RELAY. OFCOLORADO 3493478 07/30/2007 02:07P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a AV TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between I & J PARTNERSHIP, whose address is 6530 Daylilly Court Erie, Colorado 80516, 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 extra grading and shaping of the roadway ditch during the construction of improvements to Weld County Road 3 & 1.5, in and to, over, under and across the following described land: SEE EASEMENT 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: Said Temporary Construction Easement shall expire one year after commencement of construction. 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. 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. 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. The Grantee, to the extent allowed by law, shall indemnify and save harmless Grantor against any loss, damage, claim or demand related to the Grantee's or the Grantee's contractors or agents access to, activities on, and use of the Property and Temporary Construction Easement, including but not limited to construction, maintenance, use, or repair of the Temporary Construction Easement. Grantee shall maintain the Property, as it relates to its use by the Grantee, in a state of good repair and efficiency. Grantee will reimburse Grantor the sum of Two Hundred and no/100 ($200.00) dollars for the execution of this Temporary Construction Easement. 1 HID 11111111111 11111 11111 IIII 1111111 11111111 IIII IIII 3493479 07/30/2007 02:07P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 07067-/S'40 Page 2 of 2 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: I & J PARTNERSHIP 4 STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing Temporary Construction Easement was acknowledged before me this J4 -day of r jcuf- e_ , 20U(-, by EVere{-F L Witness my hand and official seal. KPRY'PUe< U 2O. iO otary Public LEAH L. lyRNOELLI My commission expires: (10--21-2O1O m�, :PQO OF cOlav GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. dIdinaL,44. `i ATTEST: �•>�► 4 \NUNTY OF WELD, STATE OF 1, X014 •RADO, GRANTEE SA�``��1 '' `r %�1 , :_ u Deputy Cle to the Board �� 4` id E. Long, Chairm. , Board of County Commissioners. �`Q, �� JUL 2 5 2007 1 11111111111111111 11111 11111 liii 1111111 11111 liii liii 3493479 07/30/2007 02:07P Weld County, CO Partnership\temporary casement I &J Partnership 3-9-07.doc 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder doO2—/590 EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE EAST ONE HALF OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, 2ND AMENDED RECORDED EXEMPTION N0. 1467-6-1-2ND-AMRE-3402, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ASSUMED TO BEAR NO0'56'30"E A DISTANCE OF 2674.67 FEET, FROM A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE NORTHEAST CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS NOO'28'18"W A DISTANCE OF 2344.06 FEET FROM SAID NORTHEAST CORNER OF SECTION 7; THENCE N00'59'07"E A DISTANCE OF 250.79 FEET; THENCE 531'41'46"E A DISTANCE OF 37.04 FEET; THENCE 500'59'07'W A DISTANCE OF 219.62 FEET; THENCE N89'00'53"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 7 BEARS SOO'16'53"W A DISTANCE OF 5018.34 FEET; SAID PARCEL CONTAINS 4,704 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. / O •. Rp sr ,,, & CJ CHRISTO y+:. ' -. - '; .S. 31158 DATE FOR AN' !'. BOI I ' . CISION SURVEY & MAPPING, INC. I� IA'. HUM 11111 11111111111 11111 1111 111111 Min SHEET 1 OF 2 3493479 07/30/2007 02:07P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP "A" 0-6 \ cnok ww m1,{P 4c^ o o ^ ow ¢2 \ ,'4-'Te VI VI \j ODU \ `?yq \\ a I O ?mCC c‘i \� 04C�P+ I Va M a Cr 00 OC, I 30 o a z w h \ s/s 'I �� CC rc ww ≤ to At \ 0 ti cc LOT B w \ A z > z zF 3z e',� !moo \ I o �Li �z pgpg \ Ix O \ o \ I o a o lei f w� B a 44 \ \ —_ w TEMPORARY II CONSTRUCTION EASEMENT \ \ 4,704 SQ. FT. ± '` \ 10' ELECTRIC OWNER: E1/2 SEC. 6 EASEMENT GENE SCHRINER T7 N, R68W, 6TH P.M. \ I \ RECEPTION NO. 2859255 \ \ a \ OWNER: J \ RICHARD BULTHAUP \\ LOWER BOULDER DITCH EASEMENT PER RECEPTION NO. 3288740 \ f \ \ \ BK. 1443, PG. 171(TRACT 'A') \ z o \, \\ \ W1/2 SEC. 5 Z \ Ti N, R68W, 6TH P.M. O c.,, 5 • Z as LOT B o - I \\\• R \\ \ in M 62 UT s I \ OFSP�i \\ \ W fr o f \ a\ �'d�,44(0 u/0 \\• \ W¢ .Q \ qe eOVP Oy \\ \ cd it POINT OF F I �\ \\\ �1 '>0.stco \\\ \ �! BEGINNING tig L4 4 0 \ yoo \ lo cow m` a \ \ i C3 co a I LU \ \ \\ a c" Z 40' R.O.W. PW\ I \ \� RESERVATION I , \ / / i \ s.\ J` Ti. W NE COR SEC 7 1O Z rn - _ TIN, R68W, 6TH PM r' 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS < r` 4 t0 0 FOUND 3" BRASS CAP Im OF THE COUNTY ASSESSOR. I- 0 01 O ' O I� 2.) ACCORDING TO COLORADO LAW, YOU MUST N M N COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT W E LINE NE1/4 SECTION 7/ MAY ANY ACTION BASED UPON ANY DEFECT IN 71115J W W 3 • BASIS OF BEARING SURVEY BE COMMENCED MORE THAN TEN YEARS m 0 n ID N M AFTER THE DATE OF THE CERTIFICATION SHOWN Q Z_ O C O N HEREON. co O lbw ¢ N a 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO � LL SHOW THE LOCATION OF THE EASEMENT(S). Z O - O O J CO O no tb Fe 4.) THIS EXHIBIT SHA BE CONSIDERED NULL AND Z 1./1 N Z EI/a COR SEC 7 o VOID IF IT DOES NOT BEAR THE ORIGINAL o SIGNATURE AND SEAL OF THE PROFESSIONAL LAND TIN, R68W, 6TH PM '2 SURVEYOR OR IF ALTERED IN ANY WAY. FOUND 3" BRASS CAP W a _iJJ � EXHIBIT MAP "A" I mrrw,nt nnn 1111UMW IN to 6r. AR.S. IR"' WCR 3 waD COUNTY ROAD 3 1111111 IIIII IIIIII IIIII IIIII IIII 111111 III IIIII IIII IIII 2 R COl/2 SEC.6,D, STATE 6T O.M. 3493479 07/30/2007 02:07P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 0 ' GRANT OF PERMANENT EASEMENT ( 1 & J Partnership, LP -Weld County) This Grant of Permanent Easement is made by and between I & J PARTNERSHIP, LP whose address is 6530 Daylilly Court Niwot, Colorado 80503 (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, operating and maintaining a culvert. The location of the easement parcel is described as follows: See Easement Exhibit "A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the construction, operation and maintenance of said culvert. Upon execution of the 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 daily operation, access and maintenance of said culvert. 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, cleaning out and repair of said culvert. 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 AIM 11111 111111 I'll' Illll IIII 1111111 III IIIII IIII IIII 3493480 07/30/2007 02:07P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder °Pao -/5-pe IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: I & J PARTNERSHIP _42 Zrep . Everett L.'Pfeiff, ut zed Agent STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 14-4(‘"day of (JUL{ L-ems , 2007, by Everett L. Pfeiff, Authorized Agent. Witness my hand and official seal. o•s z 4 tt s MITCHELL `otary Public My commission expires: p(p-2-1-2O1hv , :• Qoj . S. ..0"0.‘55c. ..�P lY The Grantee hereby accepts this easement for the purposes set forth herein on this the a5 — day of 2007 COUNTY OF WELD, STATE OF ATTEST: ill , ��'. ; I �� COLORADO, GRANTEE DTs�f..�- ,/7/ 1�8 (� _. ! 1/49 Deputy Clerk to the Board `� avid E. Long, Chairm.n Board of County �O � 1 ommissioners of Web ' ounty, Colorado N\, JUL 2 5 2007 Page 2 of 2 page 1111111 11111 111111 VIII 11111 11111111111 III 11111 lIII IIII 3493480 07/30/2007 02:07P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder o?DD7-/596 EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, 2ND AMENDED RECORDED EXEMPTION NO. 1467-6-1-2ND-AMRE-3402, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ASSUMED TO BEAR NO0'56'30"E A DISTANCE OF 2674.67 FEET, FROM A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE NORTHEAST CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS NO0'20'07"W A DISTANCE OF 1935.17 FEET FROM SAID NORTHEAST CORNER OF SECTION 7; THENCE N89'00'53"W A DISTANCE OF 20.00 FEET; THENCE N00'59'07"E A DISTANCE OF 20.00 FEET; THENCE S89'00'53'E A DISTANCE OF 20.00 FEET; THENCE SO0'59'07"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 7 BEARS SOO'24'20"W A DISTANCE OF 4609.55 FEET; SAID PARCEL CONTAINS 400 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STAT THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERV SION AN IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. RE s LO GYD CHRISTOP >,:=� -� •- ':� 31158 DATE FOR AND ',C„ = H8t' . t 'y ISION SURVEY & MAPPING, INC. lOw 1111111 11111 MEAN 11111 IIII 1111111 SHEET 1 OF 2 3493480 07/30/2007 02:07P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP "A" --- f 10' ELECTRIC z EASEMENT o F 40' R.O.W. I rn f._. RESERVATION o a r SE1/4 SEC. 6 3 TIN, R68W, 6TH P.M. L M I I CC OWNER: E I 0 RICHARD BULTHAUP RECEPTION NO. 3288740 z 0 0 I o I SW1/4 SEC. 5 PERMANENT N L3 I TIN, R68W, 6TH P.M. EASEMENT SO. FT. t N N- 400 o J J = In Jr POINT OF 5 OWNER: BEGINNING oic GENE SCHRINER o a RECE L1 , PTION NO. 2859255 \a I a z `U I I N \O ,o LL - o a a \1 W ,O in ti wwI `ct LUU re "C-. Q \� ca o wl3 F 0 \ n o CI CC O N LOT B �`` w w a W I , 3 w 3 o (DI I ON LINE TABLE wa I LINE BEARING DISTANCE a �`,� L1 N89'00'53"W 20.00' o z '\,, L2 NOO'59'07"E 20.00' (V ;-I I L3 S89'00'53"E 20.00' VI" I L4 S00'59'07"W 20.00' NE COR SEC 7 ` TIN, R68W, 6TH PM \ 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS _ _FOUND 3" BRASS CAP OF THE COUNTY ASSESSOR. B0 2.) ACCORDING TO COLORADO LAW, YOU MUST . COMMENCE ANY LEGAL ACTION BASED UPON MY DEFECT IN THIS SURVEY R R NE1/4 SEC. 7 n YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT T1 N, R68W, 6TH P.M. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. E ONE NE1/4 SECTION 7/ 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO BASIS OF BEARING SHOW THE LOCATION OF THE EASEMENT(S). 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND w VOID IF IT DOES NOT BEAR THE ORIGINAL o SIGNATURE AND SEAL OF THE PROFESSIONAL LAND - SURVEYOR OR IF ALTERED IN ANY WAY. ID in E1/4 COR SEC 7 b o TIN, R68W,3" 6TH PM EXHIBIT MAP "A" FOUND BRASS MAP I BIIrIBfaMI MOW/ Lon'MUM BM tORN. BY:AR.S. IfttL WCR 3 WELD COUNTY ROAD 3 RIIITHAU111111 (IIII 111111 (IIII IIIII 'lll 1111111 III VIII IIII IIII 26102 00 SO. F. COUINTY OF WELD,ISTA OFPCOLORADO 3493480 07/30/2007 02:07P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello