HomeMy WebLinkAbout20071588.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING
PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY
ROADS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS - MIKE MORADI; KAC HOLDINGS, LLC; THE KATINA MORADI
TRUST; THE CAROLINE MORADI TRUST; THE ALBERT MORADI TRUST; AND THE
SAEED AND FOROUGH MORADI FAMILY TRUST
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Agreement for Conveyance of Easement
for 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 Mike Moradi; KAC Holdings, LLLC;the Katina Moradi Trust;the Caroline Moradi
Trust;the Albert Moradi Trust; and the Saeed and Forough Moradi Family Trust, do Everett Pfeiff,
6530 Daylilly Court, Niwot, Colorado 80503,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 Easement for 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 Mike
Moradi; KAC Holdings, LLLC;the Katina Moradi Trust;the Caroline Moradi Trust;the AlbertMoradi
Trust; and the Saeed and Forough Moradi Family Trust, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2007-1588
(l f 12-1)/ n /pL EG0056
AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING PURCHASE OF
RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 3 AND 1.5 - MIKE
MORADI; KAC HOLDINGS, LLC; THE KATINA MORADI TRUST; THE CAROLINE MORADI
TRUST; THE ALBERT MORADI TRUST; AND THE SAEED AND FOROUGH MORADI FAMILY
TRUST
PAGE 2
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
�,Q Ezt WELD COUNTY, COLORADO
a
add
ATTEST: . i CUSED
km, 1 t/: id E. Long, Chair
Weld County Clerk to the Bpard 44l,,--, �} j _�
,nJ 'w, r illiam H. Jq e, ro-I m
BY: Y�� PM L CI " J
De t CI to the Bo r ((2,
Wil . m' . G G cia
AP ED AS �V 3t � ,
Robert D. Masden
u Attorney 3 LL r Lir
Douglas R4ema her �Q
Date of signature: Wide IO 7
2007-1588
EG0056
rsMEMORANDUM
CTO: Clerk to the Board DATE: June 1, 2007
FROM: Leon Sievers, Public Works
COLORADO
SUBJECT: Agenda Item
Agreement for Conveyance of Easement for improvements to WCRs 3 and 1.5 with Mike Moradi
and c/o Everett Pfeiff
The appropriate documentation is attached.
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2007-1588
349 AGREEMENT FOR CONVEYANCE OF EASEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROADS 3 AND 1 'h BETWEEN MIKE MORADI AND C/O
EVERETT PFEIFF AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 16th day of May, 2007, by and between Mike
Moradi, K.A.C. Holdings, LLC, The Katina Moradi Trust, The Caroline Moradi Trust, The
Albert Moradi Trust and The Saeed and Forough Moradi Family Trust, do Everett Pfeiff
6530 Daylilly Court,Niwot,CO 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 Roads 3
and 1 %2 , and
WHEREAS, Owner owns the property described in the attached Exhibit "A",
hereinafter referred to collectively as "Easement", and
WHEREAS, County needs said Easement in order to complete said rebuilding and
improvement project, and
WHEREAS, Owner wishes to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as follows:
I. 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 Two Thousand Two Hundred and no/100
($2,200.00)dollars. 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
11111111111 11111111111111111 III 1111111 III 11111 Iill 1111
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Page 2 of 3
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, provided, however, that payment shall be made by the
County no later than thirty (30) days from the date of this Agreement.
6. County will reimburse the Owner the Sum of Three Hundred and no/100
($300.00) dollars for the execution of the Temporary Construction Easement
form.
7. County will reimburse the Owner the sum of Three Thousand Three Hundred and
no/100($3,300.00)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.
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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
1111111111111111111111IIIIII III 1111111 III REICH
3485349 06/22/2007 01:51P Weld County, CO
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Cr WTH VVk&pI:Agreement Mond'RVSI)2009051660
Page 3 of 3
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER:
By: /%4„,.- Date: 51 II 7 07
Everett Pfeiff as Att rn y m Fact for Mike
Moradi and as Authorized Agent for K.A.C.
Holdings LLC,The Katina Moradi Trust,The
Albert Moradi Trust, The Caroline Moradi
Trust and The Saeed and Forough Moradi
Family Trust pursuant to that certain Power of
Attorney and Statements of Authority
recorded on February 2, 2007, in the Real
Property Records of Weld County, Colorado
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to B s OF WELD COUNTY, STATE OF
i86i 1,,,,, _, COLORADO
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By: , ✓✓✓
BY: --- 1---1-77--
Depu Cl to the Board William H. Serke, Chair Pro-Tem
06/06/2007
11111111111111111111111111111 Ilan III IIIII IIII IIII
3485349 06/22/2007 01:51P Weld County, CO
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[,U'WI'LIIN.VVMsWT Apimml M,[ Ii RVSI)2(0]05 16ix
EXHIBIT "A"
A PERMANENT 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 B, RECORDED
EXEMPTION NO. 1467-06-4-RE3378, 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 NOO'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 NO1'59'44"W A DISTANCE OF 576.32 FEET
FROM SAID NORTHEAST CORNER OF SECTION 7;
THENCE N89'00'45"W A DISTANCE OF 20.00 FEET; THENCE NOO'59'15"E A DISTANCE
OF 21.75 FEET; THENCE 589'00'45"E A DISTANCE OF 20.00 FEET; THENCE
SOO'59'15"W A DISTANCE OF 21.75 FEET TO THE POINT OF BEGINNING; WHENCE SAID
EAST QUARTER CORNER OF SECTION 7 BEARS 500'25'16"W A DISTANCE OF 3250.36
FEET;
SAID PARCEL CONTAINS 435 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE T AT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND �• TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
DBE Sl•
''�:
. DATE
RISTOPH�'�y"� � '�r', � 31158
FOR AND 0 '$HAL' + " 7"ION SURVEY & MAP IN , INC.
111111111111111111 11111 11111 III 1111111 III 11111 IIII IIII
3485349 06/22/2007 01:51? Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SHEET 1 OF 2
EXHIBIT MAP "A"
SE1/4 SEC. 6
Ti N, R68W, 6TH P.M. I - r-20' WATERLINE EASEMENT
RECEPTION NO. 2387973
ELECTRIC I -~-
TRANSMISSION
LOT B EASEMENT z
REC. NO. 1718924 E LOT B
"M 0
OWNER: U ¢ RECORDED EXEMPTION
3 3 NO. 1467-05-3-RE1593
MIKE MORADI
RECEPTION NO. 3354456I
`33I r
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NC I z PROPOSED
J I J of EASEMENT PERMANENT • I ~POINT OF E I
I
EASEMENT L11 `z BEGINNING 0_
435 50. FT. t
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10' UNITED 'I I-4.--`,>
POWER EASEMENT ,-,
RECEPTION NO. 2912125
RECORDED EXEMPTION ,
, I EC. 5
Ti NSWR66W$6TH P.M.
NO. 1467-06-4-RE3378 I
PROPOSED -.4-
5' TEMPORARY
CONSTRUCTION `, '
EASEMENT rn
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/ _ — _ t-—NE COR SEC 7 J d tO
TIN, R68W, 6TH PM ^ 03
FOUND 3" BRASS CAP I' CC
I LINE TABLE U mim Y
LINE BEARING DISTANCE _=d
$: 1______N1 89'00'45"W 20.00'
0
2N00'59'15"E 21.75' �vc0
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NE1/4 SEC. 7 �
T1N, R68W, 6TH P.M. Cr
1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS p
^ OF THE COUNTY ASSESSOR. n p
w 2.) ACCORDING TO COLORADO LAW, YOU MUST p
�^ COMMENCE ANY LEGAL ACTION BASED UPON ANY CI=Cl
al
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER N 0
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS an
z
SURVEY BE COMMENCED MORE THAN TEN YEARS CO p
Li AFTER THE DATE OF THE CERTIFICATION SHOWN a cc
HEREON. v
3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO -_ In
SHOW THE LOCATION OF THE EASEMENT(S). MI 10
�0 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND �p�} n
IR VOID IF IT DOES NOT BEAR THE ORIGINAL —.M 10
EI/4 COR. SEC. 7 SIGNATURE AND SEAL OF THE PROFESSIONAL LAND
T1 N, RfiBW. 6TH PM o SURVEYOR OR IF ALTERED IN ANY WAY.
FOUND 3" BRASS CAP�z
EXHIBIT MAP "A"
INGSKIIM11111L1 Mllytiyl DAN. 4V: A.R.S. RLE: WCR 3 WELD CWNIV ROAD 3
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1780 5. Bellaire St., Ste. 23041,
pt�;09/29/06 JOB/R6102 SEI/4 SEC. 6, TIN, R66W. 6R1 P.M.
Denver, CO 80222 ) 1"�40' 1}5 50. TT.
TtU.(303)J53-9799 FAC(303 753-4044 MLLE: AREA COUNTY OF WELD, STATE OF COLORADO
Atilt MEMORANDUM
CTO: Clerk to the Board DATE: 7/19/2007
•
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Consent Agenda Item
Grant of Permanent Easement with Mike Moradi, K. A. C. Holdings,LLC
The appropriate documentation is attached.
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GRANT OF PERMANENT EASEMENT
(Mike Moradi C/O Everett Pfeiff-Weld County)
This Grant of Permanent Easement is made by and between Mike Moradi, K.A.C.
Holdings, LLC, The Katina Moradi Trust, The Caroline Moradi Trust, The Albert Moradi Trust
and The Saeed and Forough Moradi Family Trust, c/o Everett Pfeiff 6530 Daylilly Court,Niwot,
CO 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 oft page
1 111111 11111 111111 11111 11111 11111 111111 III 11111 I111111
3493325 07/27/2007 04:15P Weld County, CO
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&117-/std
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
OWNER:
By: •v, if 3p
Everett Pfei f as Attomet in Fact for Moradi and as Authorized Agent for
K.A.C. Holdings LLC, The Katina Moradi Trust, The Albert Moradi Trust, The Caroline
Moradi Trust and The Saeed and Forough Moradi Family Trust pursuant to that certain
Power of Attorney and Statements of Authority recorded on February 2, 2007, in the Real
Property Records of Weld County, Colorado
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
jikn_c - y2QQ7, by EVP-Vetc l . P f P X rr.
PRY PU6
Witma2Q}j lurid'. •• ,icial seal.
LEAH L. 1 `7 LiF"� V r '
MITCHELL: Notary Public
My ,sp pissionexpire. EL,_Z1-2GiG
The Grantee hereby accepts this easement for the purposes set forth herein on this the 625 -
day of %JU/l , 2007
EL
M,
COUNTY OF WELD, STATE OF
ATTEST: /L V ®. OLORADO, GRANTEE
■ 1161 ( � . � � c\
- i ®y
Deputy Clem S to the Board , id E. Long, Chairm , Board of County
eiN1 mmissioners of Welq ounty, Colorado
JUL 2 5 2007
Page 2 of 2 page
1111111111111111111111111111 VIII 111111 III VIII IIII IIII
3493325 07/27/2007 04:15P Weld County, CO
2 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
died'2-/5#g
EXHIBIT "A"
A PERMANENT 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 B, RECORDED
EXEMPTION NO. 1467-06-4-RE3378, 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 N01'59'44"W A DISTANCE OF 576.32 FEET
FROM SAID NORTHEAST CORNER OF SECTION 7;
THENCE N89'00'45"W A DISTANCE OF 20.00 FEET; THENCE N00'59'15"E A DISTANCE
OF 21.75 FEET; THENCE S89'00'45"E A DISTANCE OF 20.00 FEET; THENCE
SOO'59'15"W A DISTANCE OF 21.75 FEET TO THE POINT OF BEGINNING; WHENCE SAID
EAST QUARTER CORNER OF SECTION 7 BEARS SOO'25'16"W A DISTANCE OF 3250.36
FEET;
SAID PARCEL CONTAINS 435 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE T AT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND : TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
D
:. RE ST
RISTOPH: �'4o � 'ip•, ,• 31158 DATE
FOR AND 0',�GHAL•1 a ' ''•ION SURVEY & MAP IN , INC.
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HID 11111111111111111111111111111111III11111Mill
3493325 07/27/2007 04:15P Weld County, CO
3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SHEET 1 OF 2
EXHIBIT MAP "A"
SE1/4 SEC. 6 I
T1 N, R68W, 6TH P.M. I - r.--20' WATERLINE EASEMENT
RECEPTION NO. 2387973
ELECTRIC a I f
TRANSMISSION
LOT B EASEMENT Z
REC. NO. 1718924 F LOT B
M 5
0
C
CC a
OWNER: 0
r
a EXEMPTION
NO. 146 1467-05-3-RE1593
MIKE MORADI I
RECEPTION NO. 3354456
=
31 c
N a I z PROPOSED.
_I _io PERMANENT
PERMANENT • 1I .....----POINT OF o EASEMENT
EASEMENT L—'To BEGINNING a -
435 SQ. FT. ±
I
10' UNITED I--4--. ',Lp
POWER EASEMENT I '
RECEPTION NO. 2912125
EC. 5
RECORDED EXEMPTION TINS R1/4 64W$6TH P.M.
NO. 1467-06-4—RE3378 I
PROPOSED --1-1 --4,—
'
5' TEMPORARY ,
CONSTRUCTION I '�2i
EASEMENTI I n,
1 •
N.
`,I
,II
COR SEC 7 "ifd
TIN, R68W, 6TH PM
FOUND 3" BRASS CAP 1'N
I LINE TABLE
LINE BEARING DISTANCE
S: L1 N89'00'45"W 20.00'
• L2 N00'59'15"E 21.75'
L3 589'00'45"E 20.00' a`9
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NE1/4 SEC. 7
T1 N, R68W, 6TH P.M. T.) PARCEL OWNERSHIP IS BASED ON THE RECORDSZY
�'d
OF THE COUNTY ASSESSOR. C—
w 2.) ACCORDING TO COLORADO LAW. YOU MUST p 6J
el COMMENCE ANY LEGAL ACTION BASED UPON ANY V C
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER y E.
1 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT d 0
z MAY ANY ACTION BASED UPON ANY DEFECT IN THIS M 3 f
SURVEY BE COMMENCED MORE THAN TEN YEARS
i AFTER THE DATE OF DIE CERTIFICATION SHOWN on
HEREON. milmLO ID
u' 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO 7 y
SHOW THE LOCATION OF THE EASEMENT(S). MI V
Iw 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND C G
In VOID IF IT DOES NOT BEAR THE ORIGINAL
El/4 COR. SEC. 7 w SIGNATURE AND SEAL OF THE PROFESSIONAL LAND G a
TiN,FOUND BRASS 6TH PM
CAP 68W �§ SURVEYOR OR IF ALTERED IN ANY WAY.
N
EXHIBIT MAP "A"
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I IIIWUII JN1RI feV B�ryry1 URN.Err: AR.S. nIt: IYCR 3 WELD COUNTY ROAD 3
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1780 S. Bellaire St., Ste. 230 MTE:09/29/06 dOB /'R8102 SE1/{ SEC. 6, T1 N, R68W, 6TH P.M.
Denver, CO 80222 I"=a• 436 SO. FT. -aii OD r
TEL003)763-9799 FAK:(303)753-4044 SCALE: AREA COUNTY OF WELD, STATE OF COLORADO 0
•
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Mike Moradi, K.A.C. Holdings,
LLC, The Katina Moradi Trust, The Caroline Moradi Trust. The Albert Moradi Trust and
The Saeed and Forough Moradi Family Trust, c/o Everett Pfeiff 6530 Daylilly Court,
Niwot, CO 80503, 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 10th 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 Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
1 111111 11111 111111 11111 1IIII VIII IIII III VIII IIII IIII
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02e02-/sfl
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:
By: 44es tri' .e
Everett L. P eiff as&AtiOrhey in Fact for Mike Moradi and as Authorized Agent for
K.A.C. Holdings LLC, The Katina Moradi Trust, The Albert Moradi Trust, The Caroline
Moradi Trust and The Saeed and Forough Moradi Family Trust pursuant to that certain
Power of Attorney and Statements of Authority recorded on February 2, 2007, in the Real
Property Records of Weld County, Colorado
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
ii 'hdayofcJLLn-t_ , 20(1-by Everett. L.F€R Owner.
•
Cts .Ailcv net m--fac-fand Authorizec1A jera or
Witness my hand and official seal.
Notary Public LEAH L. '.
My commission expires: CCo-2-1-2 %iO TPA:•
of coy
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: 44,41 /D'O 2��•► �' 4UNTY OF WELD, STATE OF
I� ,r. /j_rasa,ORADO, GRANTEE
Deputy Clerk to the Board ‘,1 jar' �►d E. Long, Chai . Board of
County Commissioners. • 1 , 1
�� •�� JUL 2 5 2007
HBO 11111 MUM" 11111 11111 111111 III 11111 IIII IIII
3493325 07/27/2007 04:15P Weld County, CO
6 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
P:AWELDCNTYVC30#I OAA Moradi Atemporary easement Moradi 3-9-07 doc
&o07-/s 1 b'
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 LOTS
A & B, RECORDED EXEMPTION NO. 1467-06-4-RE3378, 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 N04'07'33"W A DISTANCE OF 336.67 FEET
FROM SAID NORTHEAST QUARTER CORNER OF SECTION 7;
THENCE 589'48'36"W A DISTANCE OF 5.01 FEET; THENCE NO0'59'15"E A DISTANCE
OF 1084.86 FEET; THENCE NOO'59'11"E A DISTANCE OF 235.13 FEET; THENCE
574'35'41"E A DISTANCE OF 5.16 FEE; THENCE S00'59'11"W A DISTANCE OF
233.95 FEET; THENCE 500'59'15"W A DISTANCE OF 1084.65 FEET TO THE POINT OF
BEGINNING; WHENCE SAID EAST QUARTER CORNER BEARS 500'22'32"W A DISTANCE
OF 3010.16 FEET;
SAID PARCEL CONTAINS 6,596 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
SUPERVISION AN IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
G,T
CHRISTOPH 31158 ATE
FOR AND •'. Ain ;'F =9;:ION SURVEY & MAPPING, INC.
10
1111111 11111 111111 IIII' 11111 11111 111111 III 111111111 1111
3493325 07/27/2007 04:15P Weld County, CO
7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SHEET 1 OF 3
EXHIBIT MAP "A"
MATCH LINE-SEE SHEET 3 OF 3 I -1-I
RECORDED EXEMPTION
NO. 1467-06-4-RE3378 M
SW1/4 SEC. 5
PROPOSED EC T1N, R68W, 6TH P.M.
PERMANENT V
EASEMENT __
-1
LOT B 4
TEMPORARY I' Fl PROPOSED
CONSTRUCTION I EASEMENT
PERMANENT
EASEMENT
6,596 SQ. FT. ± I I
OWNER: w 3 I
30
MIKE MORADI N - • LOT 0
RECEPTION NO. 3354456 C' a)
b b • ADDITIONAL
RIGHT-OF-WAY
Z ((q I ACQUISITION
10' UNITED POWER EASEMENTyI I
RECEPTION NO, 2912125 I
I POINT OF
BEGINNING RECORDED EXEMPTION
���((( NO. 1467-05-3-REI593
z
S895.01' "W I I0
SE7/4 SEC. 6 5 01 1 ,o I
T1 N, R6BW, 6TH P.M. I ;w I
I ''''-
t .
-_ -20' WATERLINE EASEMENT
LOT A I II£ RECEPTION NO. 2387973
I
RECORDED EXEMPTION I 1
NO. 1467-06-4-RE1603 I 1 I
ELECTRIC
__1_
TRANSMISSION ' I 30' AMOCO PRODUCTION CO. PIPELINE
EASEMENT I 1 EASEMENT BOOK 1085. REC. NO.
REC. NO. 1718924 I I 02025478. SEPT. 19, 1985
I
-�Y I '
PROPOSED .MI-i _ _
-5 TEMPORARYI Flu -
- -_ r
CONSTRUCTION I i. ELECTRIC TRANSMISSION LINE
}
45'
EASEMENT I I I74 GRANTED TO PUBLIC SERVICE CO. P
Ft
I^ BK 1206. PG 214, JUNE 20, 1947 0
PUBLIC SERVICE CO. III I� pROPOSED L3
EASEMENT PER
8K. 106 PG. 208 _ _ I I q _TEMPORARY_ _ _ - - �a
///" CONSTRUCTION
EASEMENT - cc
-U 0
NE COR SEC 7 m a-
-
TIN. R68W, 6TH PM 41)
WCR 12 OF0UND r BRASS CAP z n
6. i V C
NE1/4 SEC. 7 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS IU 0
Ti N, R68W, 6TH P.M. ADDITIONAL IGHT O THE COUNTY ASSESSOR. ��
RIGHT-OF-WAY �• a 2,) ACCORDING TO COLORADO LAW, YOU MUST d
ACQUISITION m COMMENCE ANY LEGAL ACTON BASED UPON ANY d„
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER —0 co
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT 0
MAY ANY ACTION BASED UPON ANY DEFECT IN IRIS 0
OWNER: L4 SURVEY BE COMMENCED MORE THAN TEN YEARS
WOOLLEY FAMILY TRUST AFTER THE DATE OF THE CERTIFICATION SHOWN _-n o
RECEPTION NO. 2444846 N HEREON. —p 0
•\I N 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO �
,Z o SHOW THE LOCATION OF NE EASEMENT(S). N OO
I- 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND —�
•
z .0'0 VOID IF IT DOES NOT BEAR THE ORIGINAL mi ^CC
0Et/4 COP. SEC. 7 o SIGNATURE AND SEAL OF THE PROFESSIONAL LAND —C
TIN. R68w, 6TH PM �., �'Iz SURVEYOR OR IF ALTERED IN ANY WAY. in
FOUND 3" BRASS CAP \\'l0
EXHIBIT MAP "A" - o
/1_ PRE NCH MU�I�I�I�� .NI^ -03 CO
111LI1WN1 JN11LI NI)I 111N GHK By, A.R.S.AR.6. ALE WCR 3 WELD COUNTY ROAD 3
6NK0. 8Y:J.F.L SHEEP: 2 s IETE MORADI
1780 S. Belbim St., Ste. 230 pqE:09/29/06 JOB #.R6102 SEI/4 SEC. 6. TIN, R68W. 6TH P.M.
Denver, CO 80222 1 1•.100• 6 596 50. FT.
Ia,(JOS]53-B7BB FAX:(303)753-4044 SCAM ARM COUNTY OF WELD. STATE OF COLORADO
EXHIBIT MAP "A"
ADDITIONAL ADDITIONAL
RIGHT-OF-WAY RIGHT-OF-WAY
ACQUISITION ACQUISITION\ I OWNER:
GENE SCHRINER
\ \ I RECEPTION NO. 2859255
\ I I
\ I\ I LOWER BOULDER DITCH
\ \ I 1---- i EASEMENT PER
I 574'35'41"E / BK. 1443, PG. 175
`/ (TRACT "E")
LOWER BOULDER DITCH \ n 5.16'--
\ M
EASEMENT PER _ ,L 5.16'
---_/
BK. 1443, PG. 175(TRACT "A") \ in 1
LO
r i-.� 20'SU --
cm RyEy
N _UNE_BOULDER
LOT A \_ OITCH -�-\
I
--„,_
OWNER:
�
IRRIGATION DITCH R/W ,
MIKE MORADI w FOR LOWER BOULDER ,.
RECEPTION NO. 3354456 H 3 RESERVOIR AND DITCH co
BK 489 PG 223
in i
N u
0 o I
Z. 8
II
-p to ADDITIONAL
00 UJ RIGHT-OF-WAY
RECORDED EXEMPTION cooa ACQUISITION
NO. 1467-06-4-RE3378
0 o
I
E LOT A
TEMPORARY I
CONSTRUCTION If 20' WATERLINE EASEMENT
EASEMENT RECEPTION NO. 2387973
6,596 SQ. FT. ±
10' UNITED POWER EASEMENTyI I-r- I
RECEPTION NO. 2912125 I
RECORDED EXEMPTION
NO. 1467-05-3-RE1593 a. N
a E
—
LOT B a S
ELECTRIC — I a G CC
TRANSMISSION
EASEMENT I SW1/4 SEC. 5
REC. NO. 1718924 TIN, R68W, 6TH P.M. a -oc
OWNER: = o?�
MIKE MORADI a- o
RECEPTION NO. 3354456 M a 0 c
1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS a?
Et OF THE COUNTY ASSESSOR. 0 O
(J 2.) ACCORDING TO COLORADO LAW, YOU MUST —"--
m
COMMENCE ANY LEGAL ACTION BASED UPON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER —d
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT In d„
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS a^co
SE1/4 SEC. 6 SURVEY BE COMMENCED MORE THAN TEN YEARS ��
TIN, R68W, 6TH P.M. AFTER THE DATE OF THE CERTIFICATION SHOWN a is
HEREON.
3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO O
I SHOW THE LOCATION OF THE EASEMENT(S). OO G
4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND a�
VOID IF IT DOES NOT BEAR THE ORIGINAL - -n O
SIGNATURE AND SEAL OF THE PROFESSIONAL LAND a N O
MATCH LINE-SEE SHEET 2 OF 3 SURVEYOR OR IF ALTERED IN ANY WAY. a
- CC
REM SUMO
EXHIBIT MAP "A" a _- a'
REMJN1 WI1111 MY I , ORR. B+: A.R.S. SHE: WCR 3 �� O
WELD COUNTY ROAD 3
BIND. BO J.F.L SHEET: 3 OF 3 MIKE MORADI
1780 S. Bellaire St.. Ste. 230 DATE 09/29/06 JOB/:R6102 SEI/4 SEC. 6, T1N, R68W, 6TH P.H.
e
Denver, CO 80222
TEL(303)753-9799 FAX:(303)753-4044 SCJ1E 1'�1W E. 6.596 50. FT. COUNTY OF WELD, STATE OF COLORADO
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