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Home My WebLink About20071707.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - SUSAN TROUDT, CARLA HOBBS, AND MARIAN STRATTON 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 13 among 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 Susan Troudt, Carla Hobbs, and Marian Stratton, 14491 County Road 5, Longmont, Colorado 80504,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 13 among 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 Susan Troudt, Carla Hobbs, and Marian Stratton 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 18th day of June, A.D., 2007. _ BO RD OF COUNTY COMMISSIONERS ,W COUNTY, COLORADO ATTEST: atill David E. Long, Chair Weld County Clerk to th William er e, -Tem BY: CDeputy Clerk to the Boar Willi F Garcia APP V AS TO Robert D. Masderi ounty Attorney Douglas ademacher Date of signature: 7 O7 2007-1707 EG0056 e(' ;/mil✓C / u f PL 07-/g-e7 a MEMORANDUM TO: Clerk to the Board DATE: June 12, 2007 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Improvements to WCR 13 with Susan J. Troudt and Carla J. Hobbs a/k/a Carla Johnson Hobbs and Marian J. Stratton, deceased, a/Ida Marian J. Bottinelli, deceased. Enclosed are two duplicate,original Agreements. Please send one original to Public Works as soon as the document is signed. The appropriate documentation is attached. M:\Francie\Agenda Item.doc 0'7 , ' ZO el viz :3 d E i vs LOOT S „,BIOS, r� J�1�t4UiJai��Y'i�J AINflO3 U13M 2007-1707 ^aj AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN SUSAN J. TROUDT AND CARLA J. HOBBS A/K/A/ CARLA JOHNSON HOBBS AND MARIAN J. STRATTON, DECEASED, A/K/A/ MARIAN J. BOTTINELLI, DECEASEDAND WELD COUNTY, COLORADO THIS AGREEMENT is made this 41-k day of J k t' t , 2007, by and between Susan J. Troudt, Carla Johnson Hobbs A/K/A/Carla Johnson Hobbs and Marian J. Stratton, Deceased, A/K/A Marian J. Bottinelli, Deceased whose address is 14491 Weld County Road 5 Longmont, CO 80504 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 13, 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 SIXTY FOUR THOUSAND THREE HUNDRED FORTEEN and 00/100 ($64,314.00)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. 1 i"L"Ltl)Mi'0'0'7"!J!Y"!!J/ (!1UL'!i!'1111 VIII 0D 0.00 Steve MorenoClerk&C Recorder cs?GG 2—%'G7 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. 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 $85.00 for temporary easements referred as TE-14 North,TE-14 Center and TE-14 South described in attached"Exhibit B". 9. County agrees to compensate the Owner the sum ONE THOUSAND FIVE HUNDRED SIXTY and 00/100($1, 560.00)dollars for five live trees within the right of way parcel being acquired. 1111111 11111 111111 VIII 11111 lI'I 1111111 III (IIII IIII II'I 3490339 07/13/2007 03:42P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 2 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: SUSAN J.TROUDT AND CARLA J.HOBBS A/K/A/CARLA JOHNSON HOBBS AND MARIAN J. STRATTON, DECEASED, A/K/A/ MARIAN J. BOTTINELLI, DECEASED--X'rc re.4 - o../y9 /1/ /` '.v:Fe^'Ali --- N tii By: 1 ��z-> _ ate: 4 /y O G a z.te-, c2 //it.)t.) 4/k-m (hiic % ...i Meet, BY: ( -4 C,yz. . Al `i-ccr .P8,4 Date: E /6'/07 By: A'.' 6_,„ lr �% 'a-co- Ltas Date: w - 14 - O7 ATTEST: iitak,/�'(/ve'� ( BOARD OF COUNTY COMMISSIONERS „ ''0l WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board ' ,.. := z By: II O t g( U N 1 Y: QvIi C D ty CI to the Board David E. Long, Chai JUN 8 2007 1 111111111111111111111111111111111111111111111111111 III I 3490339 07/13/2007 03:42P Weld County, CO 3 of 8 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder &Cc j—/7ci7 EXHIBIT"A" PROPERTY DESCRIPTION (1 of 2) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Special Warranty Deed (SWD) recorded July 9, 1971 in Book 649 as Reception No. 1571288 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southwest Quarter (SW1/4) of Section Seven (7), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (Oh P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The Easterly Sixty (60) feet of the Westerly Ninety (90) feet of that parcel of land described in said Reception No. 1571288 lying North of the North Right-of-Way (ROW) line of Weld County Road No. 10 (WCR10) as established by that Resolution recorded October 14, 1889 in Book 86 at Page 273 of the records of the WCCR,.said ROW line being Thirty (30) feet North of, as measured at a right angle, and parallel with the South line of said SW1/4. Said parcel contains 3.573 acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. iyrfKAj _rn 44:rt� 319.. 34995 Steve ' Ilkiht4]•0,c behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor #34995 KING SURVEYORS, INC.650 Garden Drive 1111111 IIIII 111111 IIIII IIIII IIII IIIIII1 III IIIII EllIIII Windsor, Colorado 80550 3490339 07/13/2007 03:42P Weld County, CO (970) 686-5011 4 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder JN: 2004295 M:\2004295\property descriptions\ROW-14-PROP-DESC.doc Last printed 2/19/2007 3:02 PM RIGHT-OF-WAY TROUDT, BOTINELLI & HOBBS SW1/4 SEC.7, T.1N., R.67W. WEST QUARTER CORNER (2 of 2) CENTER QUARTER CORNER SEC. 7, T.1N., R.67W. I SEC. 7, T.1N., R.67W. WERE/S AN EASEMENT TO WE AMER/CAN TELEPHONE AND LINICCEM9I TELEGRAPH COMPANY FOR A COMMON/CA WON SYSTEMS EASEMENT 00771CWW00171 an I /N WE a SEC. Z T.1N., R.67/V WE EASEMENT/5 16.5' H9DE. REC 1VO .mod WE HESTERL Y BOUNDARY OF WE EASEMENT/S 3' HEST AND NOTE: This exhibit I PARALLEL 0117, WE I7RST CABLE LAID. LOCA77ON CANNOT BE DETERMINED FROM DEED.(81074 P486)drawing is not intended I THERE/S AN EASEMENT TO WE AMER/CAN TELEPHONE AND to be a monumented TELEGRAPH COMPANY FOR TELEPHONE AND TELEGRAPH LINES //V land survey. Its sole SEC. Z TIN, R..67H! DEED STATES THAT "CENTERLINE OF POLE purpose is as a graphic C.S. L/NE TO BE MA/NTA/NED WHIN WE L/M/T5 OF WE HIGHWAY NOT representation to aid in I MORE THAN ONE FULL GUYED ;Y'FIXTURE HILL BE CONS7RUC D the visualization of the written property qll ALONG SAID PROPERTY X8909 P16) description which it ,J accompanies. The O THERE/S A 30'PIPELINE EASEMENT TO AMOCO written property LI PRODUCTION COMPANY LOCATED APPROX/MATELY description supersedes FROM WE 5% CORNER OF SEC. Z TIN, R6711(the exhibit drawing. t_ THENCE HESTERLY/N PART PARALLEL HMTH AND /N PART OVERLAPPING A P.E.P.C. EASEMENT TO WE HESTf/OST BOUNDARY. LOCAWON CANNOT BE NJ DETERM/NED FROM DEED.(8860 REC. NO. 1782460) AN .1 77R0Wz' 300 150 0 300/ VII SA 9N .P �7711WELL-n cot CARL.A1 JOHNSON 1HO ESS / 13649 REC MO. 1571 1u= 300' / / I r50'PANHANDLE EASTERN P/PE LINE COMPANY / / te( I EASEMENT.(8850 REC. NO. 1772445) 214.001N0( _ 1 / / L721 I 1� .RISC NC ICI 60' RIGHT-OF-WAY PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-17-1884 III v RECORDED 4-18-1884 848 P109 I a Pp'FJ dA0 y, —30' q ,,'x, _v-L I I I---�—so' concemwricea L7U I .... RH>w NO .32NJti3* I —60' Steven At`L .g..'•behalf of King Surveyors, Inc. I Colorado egrstered Professional Land Surveyor #34995 50'PANHANDLE EASTERN PIPE LINE COMPANY r EASEMENT.(8850 REC. NO. 1772445) SOUTHWEST. 7, T.1N., CORNER - -�` I —1 _ SEC. 7, T.1 N., R.67W. �L 7 - SOUTH QUARTER CORNER i �l — — -- - - SEC. 7, T.1N., R.67W. I F0'PANHANDLE EASTERN P/PEL/NE COMPANY / / I EASEMENT.(8771 REC. NO. 1693413)I 10'UN/ON RURAL EC7R/C ASSOC/4170N J 30' R.O.W. PER WELD COUNTY EL - - _ [RESOLUTION OF 1889 EASEMENT.(B807 REC. NO 1728668) _ _ _ LD COUN7Y ROAD NO10 _ - -^ k ssi T KING SIJRVEYORS_ INC. PROJECT NO:2004295 DATE: 02/13/2007 illilL 111111 111 111111 11111 11111 IIII IIIIIII III VIII IIII IIII DWG:ROW U14-TROUDTBOTINELLIHOBBS 3490339 07/13/2007 03:42P Weld County, CO DRAWN: MCD CHECKED: SAL 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"B" PROPERTY DESCRIPTION (1 of 3) Three parcels of land, for temporary construction easement purposes, being parts of that parcel of land described in that Special Warranty Deed (SWD) recorded July 9, 1971 in Book 649 as Reception No. 1571288 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southwest Quarter (SW1/4) of Section Seven (7), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: North Easement The South Forty-five (45) feet of the North Five Hundred Forty-five and Fifty - Hundredths (545.50) feet of the East Twenty-five (25) feet of the West One Hundred Fifteen (115) feet of said parcel of land described in said Reception No. 1571288. Said parcel contains 1,125 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Center Easement The South Forty (40) feet of the North Seven Hundred Eighty-two (782) feet of the East Fifteen (15) feet of the West One Hundred Five (105) feet of said parcel of land described in said Reception No. 1571288. Said parcel contains 600 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. South Easement The North Thirty (30) feet of the South One Hundred Fifty-four (154) feet of the East ------ 111111111111111111111111111111111111111 III IIIII IIII IIII • d 3490339 07/13/2007 03:42P Weld County, CO . a 34.i.5 L 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 17V c:5—1 M:\2004295\property descriptions\TCE-14-PROP-DESC.doc `'- .,..+•' Last printed 2/19/2007 3:25 PM (2 of 3) Ten (10) feet of the West One Hundred (100) feet of said parcel of land described in said Reception No. 1571288. Said parcel contains 300 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. A J, ' 34995 Ooh Steven 8" ehalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 1111111111111111111111111111 I I I 11111111 I I 1111111111 I I I I 3490339 07/13/2007 03:42P Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\TCE-14-PROP-DESC.doc Last printed 2/19/2007 3:25 PM TEMPORARY CONSTRUCTION TROUDT, BOTINELLI & HOBBS EASEMENT SWY4 SEC. 7, T.1N., R.67W. WEST QUARTER CORNER___-$ (3 of 3) CENTER QUARTER CORNER SEC. 7, T.1N., R.67W. SEC. 7, T.1N., R.67W. WERE/S AN EASEMENT TO WE AMER/CAN TELEPHONE AND mcozvo TELEGRAPH COMPANY FOR A COMMON/CATION SYSTEMS EASEMENT COTTONIRPral W L I 50050' . /N WE SE'/, SEC. 7, TIN, R.671Y. THE EASEMENT/S 16.5' HIDE. MSC no MUSKS I I I WE WESTERLY BOUNDARY OF WE EASEMENT/S 3' H£5T AND PARALLEL IOW WE I7RST CABLE LA/D LOCATION CANNOT BE NOTE: This exhibit I 742' DETERM//NED FROM DEED.(81074 P486) drawing is not intended I WERE/S AN EASEMENT TO WE AMERICAN TELEPHONE AND to be a monumented 45' TEL a EGRAPH COMPANY FOR TELEPHONE AND TELEGRAPH LINES/N land survey. It's sole 1,125 st gf'SEC. Z TIN, R.6711( PEED STATES THAT CENTERL/NE OF POLE purpose is as a graphic 90' 25 L/NE TO BE MA/NTA/NED HHUW/N WE LIM/TS OF WE H/CHHAY& NOT representation to aid in � I Y/MORE WAN ONE FULL GUYED 'FIXTURE HILL BE CONSTRUCTED the visualization of the written property OII 1196.50' ALONG SA/D PROPERTY. 78909 P462 description which it I I I WERE/S A 3O'P/PEL/NE EASEMENT TO AMOCO awritten propertyes. The PRODUCTION COMPANY LOCATED APPROX/MATELY written 15 FROM WE S'/4 CORNER OF SEC. Z TM., R.6711. description supersedes the exhibit drawing. THENCE HESTERLY/N PART PARALLEL H9W AND /N r„,,\J 40' PART 90' 600 sq.ft. $ES7MOSTR EASEMENT WE BOUNDARY. LOCATION CANNOT BE DE1ERM/NED FROM DEED.(8860 REC. NO. 1782460) t I SWAM .1/. TRO�7C!.III I I M 1R&W -I B107Y7MINLLK & / . oII I I CARER .201.12VSOM IHlOIB3S 300 150 0 3OO/ 3649 RJBO MO. 1571288 QI 50'PANHANDLE EASTERN PIPE LINE COMPANY 1 "= 300' _ [EASEMENT:M(850 REC. NO. 1772445) / 01077 LTD! L �/ REC W , I I 3p' RIGHT—OF—WAY I PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-17-1884 III RECORDED 4-18-1884 B48 P109 "moo° cid, I I .of 34995 `7Hc= con IL440151V0 i I ',`� ,•• • arFl L722 �� 1 r.:., REC AKA nen II Steven r:.it.O. 'r•eholf of King Surveyors, Inc. Colorado . Professional ILand Surveyor #34995 I 50'PANHANDLE EASTERN P/PE L/NE COMPANY 50'PANHANDLE EASTERN I I L_, r EASEMENT.(8850 REC. NO. 1772445) P/PE LINE COMPANY EASEMENT IL 1 --L----- _ "5771 REC. NO. 16234132 SOUTHWEST CORNER T L+I �� - SOUTH QUARTER CORNER_ /I - ` -1 -- ---z--- SEC. 7, T.1N., R.67W. SEC. 7, T.1 N., R.67W� Ir 30' /' ,' I9o'I - ' 10, 300 sq.ft. / I 30' R.O.W. PER WELD COUNTY 10'UN/ON RURAL ELECWR/C ASSOCIATION 124' [RESOLUTION OF 1889 EASEMENT.(B807REC. NO. 17286682 - _ _ , , _,�ELQJ COUNTYROADNO.10 — — 5 _f a PROJECT NO:2004295 111111 1111III O 1111111 11111 liiI HOB III 11111 lIII IIII^ N0 DATE: 02/13/2007 CLIENT:FHU 3490339 07/13/2007 03:42P Weld County, CO 821 DWG:TCE-14—TROUDT—BOTINELLI—HOBBS 8 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DRAWN: MCD CHECKED: SAL a 121 DURABLE GENERAL POWER OF ATTORNEY I, CARLA JOHNSON HOBBS, a/k/a CARLA JOHNSON, hereby appoint JOHN R. HALEY, as true and lawful attorney ("Agent") for me and in my name to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation: to acquire, by purchase or otherwise, and sell, convey, mortgage, lease and in any manner deal in or with, real and personal property; to sign deeds, bills of sale and other documents conveying or transferring title; to make, sign, endorse, accept, collect, through all lawful ways, assign and/or deliver checks, notes, securities and/or other orders for the payment of money, debts and documents of title; to conduct or participate in any lawful business for me and in my name; to prepare, sign and file tax returns; to have access to and to surrender any safety deposit box rented by me, wheresoever located; to renounce and disclaim interests and powers; to make gifts, in trust or otherwise; to release and exercise powers of appointment; and generally, to do all acts necessary for the conduct of my business as fully as I could do personally; and to do all acts necessary or desirable regarding my personal affairs or person, including consenting to or approving any medical or other professional care, counsel, treatment or service of or to me by a licensed or certified professional person or institution engaged in the practice of, or providing, a healing act. This gives my agent the power to consent to giving, withholding or stopping any health care, treatment, service, or diagnostic procedure. My agent also has the authority to talk with health care personnel, get information, and sign forms necessary to carry out those decisions. No person or institution shall be required to inquire as to the circumstances of the issuance, or use, of any instrument signed in accordance with the foregoing authority, or the application or disposition of such instrument, or the proceeds thereof. I give and grant to my agent full power and authority to do and perform all and every act and thing as fully to all intent and purposes as I might or could do if personally present, with full power of revocation, and I hereby ratify and confirm all that my agent shall lawfully do or cause to be done by virtue hereof. This power of attorney shall not be affected by disability of the principal. (See 15-14-501, C.R.S.) n DATED: This O ( day of nVJ\�`1 (, , 200 1 P % Carla Johnson Hobbs STATE OF CD tome-0 )ss COUNTY OF ) The foregoing instrument was acknowledged before me this c day of Moxcl., , 2006, by Carla Johnson Hobbs. �ppCE H. O Witness ;4.74 My commissiob e�tpiras'� It 1.1 I i 7 }~ 4 `''� : N tary Public CF ; My class.Ez$u Not 7.7117 G:OOOHNFlPOASIPOA DURABLE GENERAL CARLA TO JOHN.DOC 03/1110610:38 AM DONNA L LLOYD daineteAllt 111111 11111 111111 �� 11111 111111 Mil III 11111oo?i7 7 9-/a- o®2 3506121 09/24/2007 02:07P Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • 120 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that SUSAN J. TROUDT AND CARLA J. HOBBS AKA CARLA JOHNSON HOBBS, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit "A", do hereby dedicated 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 the existing easements and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and minerals if any and shall also retain any and all water rights currently attached or associated with the Right of Way. SAN J. TROD aka 44, /frvA kevo-I/166 CARLA J. HOBBS AKA CAR JOHNSON HOBBS • State of Colorado) ) ss: County of Boulder) The foregoing instrument was acknowledged before me this $ay of August, 2007 by: Susan J. Troudt. Witness my hand \official al. ,?P.•..ERc<-r-;. xr O`PP-( aryP blic ,/ ; NQJn •'iQ My commission expires: Z/(3/6/6 s);..,, ,,: x0 q�EOFCP State of&iqtie )ss: County of?nit41:11- The foregoing instrument was acknowledged before me this3Orlay of August, 2007 by: C444-) R- 4IAt F02 Carla J. Hobbs aka Carla Johnson Hobbs. As Ht�. At I0,40e/ /kJ& Witness my ha and official eal. aP MER•.. --ct, • OAPG 0 y bl is ;-‘/• Jw e K My commission expires: 94.3/9 /0 •• Q •rQ0 G 1111111 11111 111111 III 11111 1111111111111 III IIIII IIII IIII STA�oF 3506120 09/24/2007 02:06P Weld County, CO 'Dcci- 11-O-1- 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 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). Dated this i0 -~ day of August, 2007. ATTEST: Pal/ El'a COUNTY OF WELD, A BODY CLERK TO THE BOARD OF ft OPRORATE AND POLITIC OF COUNTY COMMISSIONER 1861 �� 4r - HE STATE OF COLORADO OF THE COUNTY OF WEL v ft'` \,f By: a ✓ .r 1.- \\'rte By: G Deputy Cler o the Board David E. Long, Chair BOARD OF COUNTY COMMISSIONERS OF THE OF THE COUNTY OF WELD STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I O17Thday of August, 2007 by David E. Long, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. MELINDA `•, b11ALANDRI .?o Notary Public • cp••.. p, My commission expires: 1/4 I O ,1‘h OF t 2- ' My Ceemission Expires: 1 111111 11111 111111 III 11111 111111 1111111 III 11111 1111 IIII 3506120 09/24/2007 02:06P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • EXHIBIT"A" • PROPERTY DESCRIPTION (1 of 2) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Special Warranty Deed (SWD) recorded July 9, 1971 in Book 649 as Reception No. 1571288 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southwest Quarter (SW1/4) of Section Seven (7), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The Easterly Sixty (60) feet of the Westerly Ninety (90) feet of that parcel of land described in said Reception No. 1571288 lying North of the North Right-of-Way (ROW) line of Weld County Road No. 10 (WCR10) as established by that Resolution recorded October 14, 1889 in Book 86 at Page 273 of the records of the WCCR,.said ROW line being Thirty (30) feet North of, as measured at a right angle, and parallel with the South line of said SW1/4. Said parcel contains 3.573 acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. Pin --RE'%SST .5)/404 q7G � n 34995 2�1 J Steve - behalf behalf of King Surveyors, Inc. Colorado egistered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 A2Last 004 d 2 property op rty 3:02 Pio tna\ROW-14-PROP-DESC.dx I IIIIII 11111 111111 III VIII 111111 IIIIIII III 11111 II111III 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • RIGHT-OF-WAY TROUDT, BOTINELLI & HOBBS SW 1/4/4 SEC.7, T.1N., R.67W. WEST QUARTER CORNER l(2 of 2) CENTER QUARTER CORN ._---N ER SEC. 7, T.1N., R.67W. SEC. 7, T.1N., R.67W. THERE IS AN EASEMENT TO 77/E AMERICAN TELEPHONE AND TELEGRAPH COMPANY 104 A CONMUN/CA770N SYSTEMS EASEMENT 00770 NWOODI Mn II /N THE a SEC Z T.1N., /2671f 711E EASEMENT IS 16.5' HIDE. R6 C IC Men I THE HESTERE Y BOUNDARY C- 77/E EASEMENT IS 3' HEST AND NOTE: This exhibit II PARALLEL NWTHE FIRST CABLE LAND. Loa:nay CANNOT BE DE7EFM/NED FROM DEED..(81074 P485) drawing Is not intended �I THERE IS AN EASEMENT TO WE AMERICAN TELEPHONE AND to beam ' ted land survey. It's sole ti I TELEGRAPH COMPANY FOR TELEPHONE AND TELEGRAPH LINES/N s SEC 7, T.1N., R.67/Y. DEED STATES THAT 'CENTERLINE OF POLE purpose is as a graphic Q LINE TO BE MAINTAINED HUH/N WE LIMITS Cr WE H/GJYIYAY NOT representation to aid in III MORE 71/AN ONE FULL GUYED '/r'I7X1URE HILL BE CONSJRUC the visualization of theI written property III ALONG SAID PROPERTY. X890.9 P46) description which it �i accompanies. The 1J I THERE/S A .10'PIPELINE EASEMENT 70 AMOCO written property PRLOUCT7ON COMPANY LOCATED APPROXIMATELY description supersedes FROM THE.5% CORNER Or.SEC. Z TIN., R67iff the exhibit drawing. THENCE NESTER!Y IN PART PARALLEL HIlH AND /N PART OYERLAPP/NC A REPO EASEMENT 70 WE HESTMOST BOUNDARY. LOCAD0 ' CANNOT BE DEIERM/NED FROM DE27J.(8860 REC NO 1782460) SAN 2 IR®UDZ C)II M R&4R7 .z BOniNELLI at 300 150 0 300 CAR.�L 1;649 EEC NO BMWI I k1"= 300' / / — I 50'PANHANDLE EASTERN APE UNE COMPANY / / ll fEASEMENT.(B850 REC. NO. 1772445) / mmm =c C0TJOVR'101CtR Mn - —c: RBC 1V12 ' eter iii 60' RIGHT—OF—WAY =c _ill _ _PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-17-1884 — III in RECORDED 4-18-1884 B48 P109 -u I qg_gyp - I n 0 .!-�'45'r =o • .��t+n.� Fir ni X30 ,'� Q —C ' 34995 , —c '� c a III-- -9DII 'eat- � . : // -g G107 TCiNwUGiLt [772 . —0 c AEC Nt2 neer I F60, Steven Or<behalf of King Surveyors, Inc. �a I I Colorado t6ted' Professional c Land Surveyor X34995 —c —c 50'PANHANDLE EASTERN PIPE LINE COMPANY c It __ `EASEMENT.(8850 REC. NO. 1772445) =U SOUTHWEST CORNER _�. i —1 _ SEC. 7, T.1N., R.67W. -L _ ,� ` SOUTH QUARTER CORNER SEC. 7, TAN., R.67W. / II L50'IPANHANOLE EASTERN PIPE LINE COMPANY j EASEMDVT.(B771 REC Na 16924/2) 1 _I 30' R.O.W. PER WELD COUNTY 10'UNION RURAL ELECIR/C ASSOCYADON _- FRESOLUTION O 1889 EASEMENT.(8807 REC NO. 1728668 s _-_ _ T _ COUNTY ROADNO.10 k IN KING SURVEYORS, INC. PROJECT NO:2004295 /2007 650 Garden Drive I Windsor,Colorado 80550 CLIENT FHU phone: (970)686-5011 I fax: (970) 686-5821 DWG:ROW-14—TROUDTBOTINELLIHOBBS www.kingsurveyors.com DRAWN: MCD CHECKED:SAL • Aner-Rei•ording Return to: 122 ♦ For Recorder Use PERSONAL REPRESENTATIVE'S DEED (Testate Estate) i/ THIS DEED, is made this Itr `day of August, 2007, between Investors Independent Trust Company, as Personal Representative of the Estate of Marian J. Straton,a/k/a Marian J.Botinelli,deceased, Grantor,to COUNTY OF WELD, A BODY CORPORATE AND POLITIC, whose address is: 915 10th Street, Greeley, of the County of Weld, and State of Colorado 80631,Grantee. BE IT KNOWN that Marian J. Straton, a/k/a Marian J.Botinelli, died in the County of Boulder, Colorado, on January 10,2006, and that prior to her death said decedent made a Last Will and Testament dated April 20, 2005, which Will was duly admitted to informal probate on the 21st day of February,2006,by the District Court in and for the County of Boulder, State of Colorado, in Probate case No. 06 PR 79. Grantor was duly appointed Personal Representative of said estate on February 21, 2006, and is now,therefore, fully qualified and acting in said capacity. Accordingly, and pursuant to the powers conferred upon Grantor by the said Last Will and the Colorado Probate Code, Grantor q does hereby sell, convey, assign, transfer and set over unto Grantee, for and in consideration of the sum of sag/49,3 09 , the following described real property situate in the County of Weld, State of Colorado,to wit: The Estate's interest in and to that certain parcel of land as fully described on the attached EXHIBIT A,which document is incorporated herein by this reference. Also known by street and number as: Vacant land TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or thereunto appertaining, subject to any covenants, easements or restrictions of record, and subject to general property taxes for the year 2007. IN WITNESS WHEREOF,the Grantor has executed this deed on the date first above written. Investors Independent Trust Company: • chael E.La ers, Sr. VP and Trust Officer, Personal Representative of the Estate of Marian J. Straton,a/k/a Marian J.Botinelli,Deceased STATE OF COLORADO } ss. County of Boulder } The foregoing instrument was acknowledged before me this / ' day of August, 2007, by Michael E. Lammers, on behalf of Investors Independent Trust Company, as Personal Representative of the Estate of Marian J. Straton, a/k/a Marian J.Botinelli,deceased. WITNESS my hand and official seal. My commission expires: —7 "(3,(0- c .0 0 0 . CITllllllllllllllll 0E llll `.�S OT 9� Notary b4� 9� N A4, M O--7A %OLIO O m %s•,"o ock"llll6\Q' S,oll �EXPIRES°,l2 I IIN 11111 IIIIII III IIIII 1111111 IIIIII III IIIII IIII IIII 3506122 09/24/2007 02:07P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXI-IIBIT"A" PROPERTY DESCRIPTION (1 of 2) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Special Warranty Deed (SWD) recorded July 9, 1971 in Book 649 as Reception No. 1571288 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southwest Quarter (SW 1/4) of Section Seven (7), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (61h P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The Easterly Sixty (60) feet of the Westerly Ninety (90) feet of that parcel of land described in said Reception No. 1571288 lying North of the North Right-of-Way (ROW) line of Weld County Road No. 10 (WCRIO) as established by that Resolution recorded October 14, 1889 in Book 86 at Page 273 of the records of the WCCR,.said ROW line being Thirty (30) feet North of, as measured at a right angle, and parallel with the South line of said SW1/4. Said parcel contains 3.573 acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. 01, _ 34995 -Loci tf Steve • I1Ma 'behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 ns\ROW-I4-PROP-DESCAoc M:\2004295\propeny descriptions Last primed 2 19/2007 3 02 PM 1110111111 111111III 111111111111111111 III 11111 IIiI IiiI 3506122 09/24/2007 02:07P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder m BRUIN IIII III I IIIIIIIIII IIII III II III REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION (TD-1000) PURPOSk: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39.14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Reel Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. x a .. mmssma 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) VACANT LAND DACONO 2. iype of property purchased: ❑Single Family Residential ❑Townhome Condominium O Multi-Unit Res D Commercial O Industrial O Agricultural ❑ Mixed Use 1. Vacant Land ❑Other 3. Date of closing: August 29. 2007 Contract date; June 04, 2007 4. Total Sales Price: including all real and persona! property. 564,314.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire rchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes ® No If yes, approximate value S Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx- imate value of the goods or services as of the date of closing. O Yes ® No If yes, value S If yes, does this transaction involve a trade under IRS Code Section 1031? O Yes ©No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ® Yes O No If no, interest purchased B. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include arsons within the same family, business affiliates, or affiliated corporations. Yes ® No 9. Check any of the following that apply to the condition of the im ovements at the time of purchase. ED New ED Excellent CD Good O Average ❑ Fair I]Poor O salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. T of financing: (Check all that apply) New ❑ Assumed O Seller ❑ Third Party Combination; Explain 12. Terms: A Variable; Starting interest rate Fixed; Interest rate length of time years Balloon payment U Yee U No; Amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. w For properties other than residential (Residential is defined as: single family detached, townhames, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to A17 to complete. 14. Did the purchase price include a franchise or license fee? O Yes 0 No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment land contract? O Yes ® No If yes, date of contract 16. If this was a vacant land sale, was en on-site inspection of the property conducted by the buyer prior to the closing? Ores O No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Sig op this day of August 29. 2007 . Please designate buyer or seller. \J\ `A,/(Y1` ccc) Mailing Address Signature of Grantee (Buyer) or Grantor (Seller) O COUNTY OF WELD, A BODY CORPORATE AND POLITIC 915 10TH ST. GREELEY, CO 80631 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25076056 (5245652) Hello