HomeMy WebLinkAbout20071587.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 3 AND 1.5 AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-MICHAEL AND CHERI
SCHMIDT
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
Temporary Construction Easement for Certain Improvements to Weld County Roads 3 and 1.5,
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 Michael and Cheri Schmidt,
5053 Weld County Road 3, Erie, Colorado 80516, commencing upon full execution, with further
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 for Conveyance of Construction Easement for Certain
Improvements to Weld County Roads 3 and 1.5, 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 Michael and Cheri Schmidt, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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
��: , ELD COUNTY, COLORADO
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ATTEST: 1,,,�,/,y ' 'i' ,�, �USED
r 1161 `. ¢�Siki E. Long, Chair
Weld County Clerk to the Bo 9 .
XII • N •F� • ism . Jerce, o-T m
BY: 27 _.: :
De ty CI to the Bo r
Willis F. Garcia
APP D AS •
�
i Robert D. Masden
ount ttorney
/ Douglas Ra emacher
Date of signature: �°h&j
2007-1587
Or" Pry Pt �rpL EG0056
MEMORANDUM
' C. TO: Clerk to the Board DATE: 6/4/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Agreement for Conveyance of Temporary Construction Easement for improvements to WCRs
3 and 1.5 with Michael W. and Cheri L. Schmidt
The appropriate documentation is attached.
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2007-1587
3,0
AGREEMENT FOR CONVEYANCE OF TEMPORARY CONSTRUCTION
EASEMENT
CONCERNING CERTAIN IMPROVEMENTS TO WELL) COUNTY ROAD 3 AND 1 'A
BETWEEN MICHAEL W. SCHMIDT AND CHERI L. SCHMIDT AND WELD COUNTY,
COLORADO
ih-
THIS AGREEMENT is made this d4- day of , 2007,by and between
MICHAEL W. SCHMIDT AND CHERI L. SCHMIDT whose a dress is 5053 Weld County
Road 3,Erie, Colorado 80516,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"' Street, Greeley, Colorado 80631 hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Roads 3
and 1 'A , and
WHEREAS, Owner owns the property described in the attached Exhibit "A",
hereinafter referred to collectively as "Easement", and
WHEREAS, County needs temporary access to 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 Easement shown and/or
described on Exhibit"A", attached hereto and hereinafter referred to herein as
the"Easement'for the sum of Five Hundred and not i 0G ($500.00)doliars. This
consideration is being offered in lieu of condemnation.
2. Owner agrees to grant the Easement to County by using substantially the
Easement form, which is attached hereto as Exhibit "B", free and 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
111111111111111111111 1111 III 1111111 III 111111111 Jill *4-
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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 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 possess and use all the Easement for the purpose of said rebuilding and
improvement project only. The easement shall expressly terminate not later than
twelve months after the date of this agreement.
6. County will reimburse the Owner the sum of One Thousand and no/100
($1,000.00) 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 temporary easement area.At the completion of the improvement project,
County will survey and mark the northeast and southeast corners and the eastern
property line no less than every fifty feet for re-installation of fencing.
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: MICHAEL W. SCHMIDT OWNER: CHERI L. SCHMIDT
1 .'` l
1s-I 4.-.Q_ \--J
Micha W. Schmidt osiz. 7<,-,-f Cheri L. Schmi t
J
- ..-./ / L �/
ATTEST: . ,��:-�;;,�►, BOARD OF COUNTY COMMISSIONERS
ty w ! l �� ¢F WELD COUNTY, STATE OF
Weld Coun Clerk e�: �-a` COLORADO
t Iv; r O! gip
By: � l! .- • :BY: 4---, r k `t.
Deputy Clerk'to the Boar. William H. Jerke, Chair Pro-Tem
06/06/2007
1 111111 11111 111111 11111 111111 III 1111111 III 11111 IIII Ill
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Q\Documents and Settings\Owner\Desktop\TCE Agreement Schmidt 3-9-07_Final.doc
EXHIBIT "A"
A TEMPORARY CONSTRUCTION EASEMENT 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 EEING A PORTION OF LOT
A, RECORDED EXEMPTION NO. 1467-06-4-RE1603, 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 ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF
SECTION 7, SAID POINT BEARS 589'42'32"W ALONG SAID NORTH LINE, A DISTANCE
OF 30.01 FEET FROM SAID NORTHEAST CORNER OF SECTION 7;
THENCE CONTINUING 589'42'32"W ALONG SAID NORTH LINE, A DISTANCE OF 5.00
FEET; THENCE NO0'59'11"E A DISTANCE OF 336.00 FEET; THENCE N89'48'36"E A
DISTANCE OF 5.01 FEET; THENCE 500'59'20"W A DISTANCE OF 335.99 FEET TO THE
POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 7 BEARS
500'17'56"W A DISTANCE OF 2674.19 FEET;
SAID PARCEL CONTAINS 1,682 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 AN" IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
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CHRISTOPH R P.R : t, . 58 DATE
FOR AND N '�" 0 "ECj6.e: SURVEY & MAPPING, INC.
1111111 11111 131111111111 III 1111111 111 11111
I I I I I I I I
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EXHIBIT MAP "A" LOTS
RECORDED EXEMPTION
PROPOSED NO. 1467-05-3-RE1593
5' TEMPORARY
CONSTRUCTION
EASEMENT
L3
ADDITIONAL
RIGHT-OF-WAY
SE1/4 SEC. 6 ACQUISITION
T1 N, R68W, 6TH P.M.
OWNER:
RECORDED EXEMPTION JORECEPTIOENN O. 2390379ER E
NO. 1467-06-4-RE1603 4
LOT A SW1/4 SEC. 5
T1N, R68W, 6TH P.M.
17
10' UNITED POWER EASEMENT-yl I--.-- CC LINE TABLE
RECEPTION NO. 2912125 C)
LINE BEARING DISTANCE
L1 589'42'32"W 5.00'
OWNER: L2 NO0'59'11"E 336.00'
MICHAEL SCHMIDT L3 N89'48'36"E 5.01'
RECEPTION NO. 2974847 L4 SO0'59'20"W 335.99'
J J
_� H" 20' WATERLINE EASEMENT
ELECTRIC ' - RECEPTION NO. 2387973
TRANSMISSION
EASEMENT
REC. NO. 1718924
- - - - _ .t - _ _ _ - + - _- - -
30' AMOCO PRODUCTION CO. PIPELINE
EASEMENT BOOK 1085, REC. NO.
02025478, SEPT. 19, 1985
--I -if - - -
TEMPORARY
CONSTRUCTION
EASEMENT 45' ELECTRIC TRANSMISSION LINE
GRANTED TO PUBLIC SERVICE CO.
1,682 SQ. FT. ± BK 1205, PG 214, JUNE 20, 1947
POINT OF
PUBLIC SERVICE CO. BEGINNING PROPOSED IN N
EASEMENT PER TEMPORARY
BK. 1206, PG. 208 589'42'32"W CONSTRUCTION C
I �_-" - 30.01'(TIE) EASEMENT - _ _ _ 1. p
- N
Li WCR 12 =O CC
NE COP SEC 7 4 C3
TIN, RSBW, 6TH PM `X
FOUND 3" BRASS CAP C d
�O
1N oU
M.—a O
OWNER: m a U C
WOOLLEY FAMILY TRUST 9
RECEPTION NO. 2444846 LLo 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS 3
TT
m OF THE COUNTY ASSESSOR.
2.) ACCORDING TO COLORADO LAW, YOU MUST a)
m COMMENCE ANY LEGAL ACTION BASED UPON ANY
NE1/4 SEC. 7 DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER —&N
Ti N, R68W, 6TH P.M. YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MI
N' MAY ANY ACTION BASED UPON ANY DEFECT IN THIS 00
2, SURVEY BE COMMENCED MORE THAN TEN YEARS =mi O
,v) AFTER THE DATE OF THE CERTIFICATION SHOWN
ADDITIONAL < HEREON. 0 G
RIGHT-OF-WAY 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO --00
ACQUISITION zl SHOW THE LOCATION OF THE EASEMENT(S). NO
4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND N O
_I"' VOID IF IT DOES NOT BEAR THE ORIGINAL --
o SIGNATURE AND SEAL OF THE PROFESSIONAL LAND CO0
ri
w
SURVEYOR OR IF ALTERED IN ANY WAY. =II= CC
E1/4 COR. SEC. 7 i° —0
TIN, R68W, 5TH PM o —��
FOUND 3 BRASS CAP z EXHIBIT MAP "A" a la'�
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y,_�IY�I/ WELD COUNTY ROAD 3
I CNN..BY:J.F.L. SHEET; 2 OF 2 A9CHAR SCHMIDT
1780 S. Bellaire BG, Ste. 2}0 09/29/06 JOB (f'RB1 D2 SEt/4 SEC. 6, TIN, RSBW, 6TH P.M. 4 l�.
Denver, CO 80222 1' 50'
TEL(JO]p53-979e FA%:(]D]p5}_W14 SCALE: MCA: I,BB2 50.R. COUNTY OF WELD, STATE OF COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: August 3, 2007
FROM: Leon Sievers, Public Works
COLORADO
SUBJECT: Consent Agenda Item
Temporary Construction Easement with Michael W. Schmidt and Cheri L. Schmidt
M:\Francie\AgendaChairSignature.doc
Cd 177
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TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between MICHAEL W. SCHMIDT AND
CHERI L. SCHMIDT, whose address is 5053 WCR 3 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`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 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 and condition comparable to
their original condition.
Ail 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.
Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00)
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.
111111111111111111 1111111111 IIII 1111111 III 11111 IIII IIII
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Page 2 oli 2
OWNS : , ICHAE W. SCHMIDT OWNER: CHERI L. SCHMIDT
LLB e, /
( c✓ . IJ,Z 7LMichael . Schmidt CL. Schmidt
STATE OF COLORADO )
)ss
COUNTY OF 401,0-ry16 )
The foregoing Temporary Construction Easement was acknowledged before me this
g lhday of J4 I U , 20 0lby Michael W. and Cheri L. Schmidt, Owner.
Witness my hand and official seal.
Notary P lic
(SEAL)
My commission expires: /VO V, .4 / 2007
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: Ate#'/ �� (. �JCOUNTY OF WELD, STATE OF
l . i DO, GRANTEE
tam
1,o-letz4 ,lam) .. , R.._:l-Y� ,-...
Deputy C to the Board � � -V1( Davia E. ong, Chairman; B rd of
County Commissioners. 1
AUG 08 2007
1111111111111111111111111 IIII 111111111111111 IIII IIII
3496389 08/10/2007 01:08P Weld County, CO
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P:\W ELDCNTY\C40#1 OA\Schm idt\temporary easement Schmidt 3-9-07.doc
aat7—/517 zI
EXHIBIT "A"
A TEMPORARY CONSTRUCTION EASEMENT 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
A, RECORDED EXEMPTION NO. 1467-06-4-RE1603, 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 N00'56'3O"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 ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF
SECTION 7, SAID POINT BEARS S89'42'32"W ALONG SAID NORTH LINE, A DISTANCE
OF 30.01 FEET FROM SAID NORTHEAST CORNER OF SECTION 7;
THENCE CONTINUING S89'42'32"W ALONG SAID NORTH LINE, A DISTANCE OF 5.00
FEET; THENCE N0O'59'11 "E A DISTANCE OF 336.00 FEET; THENCE N89'48'36"E A
DISTANCE OF 5.01 FEET; THENCE S00'59'20"W A DISTANCE OF 335.99 FEET TO THE
POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 7 BEARS
S00'17'56"W A DISTANCE OF 2674.19 FEET;
SAID PARCEL CONTAINS 1 ,682 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 AN'; IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
p$P3O F.3Eq/St
•
CHRISTOPH R P. S . t L . �58 DA. TE
FOR AND •N ,�•o` 0 ' `ECjS SURVEY & MAPPING, INC.
HALLAte._-
111111111111111111111111 IIII IIII 1111111 III 11111 IIII IIII
3496389 08/10/2007 01:08P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SHEET 1 OF 2
•
EXHIBIT MAP "A" LOT B
PROPOSED al RECORDED EXEMPTION
NO. 1467-05-3-RE1593
5' TEMPORARY
CONSTRUCTION
EASEMENT
L3
ir.2}/ ADDITIONAL
SE1/4 SEC. 6 /' RIGHT—OF—WAY
a� ACQUISITION
T1N, R68W, 6TH P.M.
OWNER:
RECORDED EXEMPTION JOHN & JENNIFER PAQUETTE
RECEPTION NO. 2390379
NO. 1467-06-4-RE1603
LOT A SW1/4 SEC. 5
M Ti N, R68W, 6TH P.M.
10' UNITED POWER EASEMENT-Ai-1 f-..--- fXLINE TABLE
RECEPTION NO. 2912125 U
LINE BEARING DISTANCE
L1 S89'42'32'W 5.00'
OWNER: L2 NO0'59'11"E 336.00'
MICHAEL SCHMIDT L3 N89'48'36"E 5.01'
RECEPTION NO. 2974847 L4 SOO'59'20'W 335.99'
N _j
-tip F--20' WATERLINE EASEMENT
ELECTRIC - RECEPTION NO. 2387973
TRANSMISSION
EASEMENT
REC. NO. 1718924
-I- - - --H
30' AMOCO PRODUCTION CO. PIPELINE
EASEMENT BOOK 1085, REC. NO.
02025478, SEPT. 19, 1985
I - - - - - -
TEMPORARY • ---
CONSTRUCTION
EASEMENT 45' ELECTRIC TRANSMISSION LINE
1,682 SQ. FT. ± GRANTED TO PUBLIC SERVICE CO.
BK 1206, PG 214, JUNE 20, 1947
POINT OF
PUBLIC SERVICE CO. BEGINNING -PROPOSED
EASEMENT PER TEMPORARY
BK. 1206, PG. 208 r--589'42'321'W CONSTRUCTION
30.01'(TIE) EASEMENT
- - - - - -
Lt - - - WCR 12 - -
NE COR SEC 7 I.
T1N, R68W, 6TH PM N
FOUND 3" BRASS CAP
a
zl
o!
OWNER: ml
WOOLLEY FAMILY TRUST
RECEPTION NO. 2444846 0 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS
`n OF THE COUNTY ASSESSOR.
a 2.) ACCORDING TO COLORADO LAW, YOU MUST
m COMMENCE ANY LEGAL ACTION BASED UPON ANY
NE1/4 SEC. 7 DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
T1N, R68W, 6TH P.M. YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
N MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
U SURVEY BE COMMENCED MORE THAN TEN YEARS
t" AFTER THE DATE OF THE CERTIFICATION SHOWN
ADDITIONAL a
HEREON.
RIGHT-OF-WAY \ 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO
ACQUISITION zl SHOW THE LOCATION OF THE EASEMENT(S).
4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND
z�"' VOID IF IT DOES NOT BEAR THE ORIGINAL
D ,4, SIGNATURE AND SEAL OF THE PROFESSIONAL LAND
La to SURVEYOR OR IF ALTERED IN ANY WAY.
E1/4 COR. SEC. 7 `°
T1N, R68W, 6TH PM o
FOUND 3" BRASS CAP Z EXHIBIT MAP "A"
i` mom aim 'm my lit IDRN. BY: A.R.S. ins: WCR 3 WELD COUNTY ROAD 3
2 OF 2 MICHAEL SCHMIDT
IIIIII IIIII 111111 IIIIII IIII IIII 1111111 III IIIII IIII IIII •
1.682 2 COUNTY SEC. 6,DTIN,
BSTATE OF C6TH P.M.
OLORADO
3496389 08/10/2007 01:08P Weld County, COOF
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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