Loading...
HomeMy WebLinkAbout20073345.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 - TIMYAN BLACK 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 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 Timyan Black,4705 County Road 13, Dacono, Colorado 80514, 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 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 Timyan Black 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 24th day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS j; it WELD COUNTY, COLORADO ,t) ti~.J ATTEST: �f CUSED ail i ? vid E. Long, Chair Weld County Clerk to the arm BY:L 41 Vail r � William i. J Pro-Tem D ty CI to the Boar Willi F. Garcia APP AS TO Robert D. Masden untyA rney Eby ,gLene,..qApt-- Douglas Hademacher Date of signature: I ICI 07 () 2007-3345 �� /2& PL lot/07/o (ectt-sit;:, MEMORANDUM TO: Clerk to the Board111 DATE: 10/19/2007 • FROM: Leon Sievers, Right-of--Way Agent COLORADO SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 13 with Timyan S. Black M:\Francie\Agend-Leon.doc c , n r; TT; — „i :7O C7 ry V —i C 2007-3345 8� AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN TIMYAN S. BLACK AND WELD COUNTY, COLORADO THIS AGREEMENT is made this i 2 day of( r oCe2, 2007,by and between Timyan S. Black whose address is 4705 Weld County Road 13,Dacono, CO 80514 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 ONE THOUSAND ONE HUNDRED FIFTY TWO and 50/100 ($1,152.50)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 111111111111 11111111111 11111 III IIIII IIII IIII 3519834 11/28/2007 02:04P Weld County, CO 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aco7-.3.33'= 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 represents that he/she is the owner of the Right-of-Way. 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$845.75 for temporary easement referred as TE-24 described in attached"Exhibit B". 9. County agrees to compensate the Owner the sum of$1,050.00 for the following: one tree, sixteen lilac bushes and sod replacement. 10. County agrees to resurface the regraded driveway with asphalt surfacing to replace the existing driveway surfacing. 2 1111111111111111111111111111111111 11111 I I 1111111111 a 11 3519834 11/28/2007 02:04P Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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: TIMYAN S. BLACK / A 11 EST: tk-f} ARD OF COUNTY COMMISSIONERS NJrt" / � / ` ,'�► LD COUNTY, STATE OF f RADO Weld County Clerk to the Boar It :t.) N By: 2Gl BY: r—' D ty Cle to the Board William H. Jerke, Chair Pro-Tem, Board of County Commissioners of Weld County, Colorado 10/24/2007 3 1 111111 11111111111 1111111111111111 11111 III 11111 IIII IIII 3519834 11/28/2007 02:04P Weld County, CO 3 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2oa2-3375 ( PROPERTY DESCRIPTION (1 of 2) A parcel of land,for Weld County Road No. 13 (WCR13) Right-Of-Way,being a part of Lot A, Recorded Exemption No. 1467-12-1-RE500 recorded June 4, 1981 as Reception No. 1859672 of the records of the Weld County Clerk and Recorder (WCCR), located in the South Half of the Northeast Quarter (S1/2 NE1/4) of Section Twelve (12),Township One North (T.1N.),Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:. COMMENCING at the Northeast corner of said Lot A, said corner also being the Northeast corner of said S1/2 NE1/4 and assuming the North line of said Lot A as bearing North 89°56'40" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/92, a distance of 149.13 feet (plat=150.00 feet) with all other bearings contained herein relative thereto: THENCE North 89°56'40"West along the North line of said Lot A also being along the North line of said S1/2 NE1/4 a distance of 30.00 feet to the West Right-of-Way (ROW) line of said WCR13 as established by that accepted Road Viewer's Report (RVR) recorded April 18, 1884 in Book 48 at Page 109 of the records of the WCCR, said point being the POINT OF BEGINNING; THENCE South 00°02'33"West along said West ROW line a distance of 159.52 feet to the beginning point of a curve,said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 119.03 feet, said curve having a radius of 1445.00 feet, a central angle of 04°43'11" and a long chord bearing North 02°19'02" West a distance of 119.00 feet to a Point of Tangency (PT); THENCE North 04°40'38"West a distance of 40.76 feet to the North line of said Lot A; THENCE South 89°56'40"East along the North line of said Lot A a distance of 8.25 feet to the POINT OF BEGINNING. Said parcel contains 461 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 Imo el and belief. • r 34995 - 200n Steven . ratetialf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive 111111111111 MI MI 11111 MIII 11111111 11111 IIII Windsor`, Colorado 80550 3519834 11/28/2007 02:04P Weld County, CO (970) 486-5011 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder JN: 2ZO,4295 M:\2004295\property descriptions\ROW-24-PROP-DESC.doe Last printed 2/20/2007 2:42 PM •• 1 TIMYAN S. BLACK ' RIGHT—OF—WAY � SYz NFJ�a SEC. 12, T.1 N., R.68W. (2 of 2) I o o I �' I �Y �9 I :d �U �g g ctkr 50 25 0 50 3 n fl4CON® vz�S„4O- I F.r I d at Riga RigaNO - 4 a �i°�'�S I POINT OF BEGINNING 1 50' aRw BASIS OF BEARINGS: o Jy N89'56'40"W 149.13' NORTH SIXTEENTH QUARTER 0 0 L3 —L1 — BETWEEN_ SEC. 12, T.1N., R.68W. & c SEC. 7, 7.1N., R.67W. �N 461 sq.ft. I POINT OF COMMENCEMENT NO � ' w1 T CC co CDU �� 0 U (�71D v LOT A / TIMYAN S. BLACK NLS I Roc N � �� REC. NO. 02111779 P Rl&WRICPED JTOM 0 0 LINE TABLE Mo. �� � g� 1 N \J LINE BEARING LENGTH RFC MO 1@ r [[�� C::) L1 N89'56'40"W 30.00' C::), I L2 N04'40'38"W 40.76' L3 S89'56'40"E 8.25' 60' RIGHT-OF-WAY PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-17-1884 RECORDED 4-18-1884 B48 P109 n �, CURVE TABLE O Rc S�"w 'N,.G. C1 p/G . ANA - k. CURVE LENGTH RADIUS DELTA CHORD CH BEARING c',•�c1i\‘1-...N 6),,, ", C1 119.03' 1445.00' 04'43'11° 119.00' NO2'19'02"W ! 9�� � � ,1_ -2[10-1 NOTE: This exhibit drawing is not intended ;�-'� ,j I to be a monumented land survey. It's , '' • a sole purpose is as a graphic Sly2 j,; representation to aid in the visualization Steven °� `�.,•°behalf of King Surveyors, Inc. of the written property description which Colorado a''' `• Professional it accompanies. The written property Land Surveyor #34995 I description supersedes the exhibit drawing. KING SURVEYORS INC. PROJECT N3 2004295 I DATE: 02/13/2007 650 Garden Drive Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 fax: (970) 686-5821 DWG:ROW-24—BILK www.lcingsurveyors.com DRAWN: MCD CHECKED: SAL EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Timyan S. Black, (Owner), whose address 4705 Weld County Road 13, Dacono, CO 80514 (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 purpose of driveway construction to Weld County Road 13, 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: I. Said Temporary Construction Easement shall commence on October 15, 2007, and shall expire and be of no further force or effect on October 15,2008, or at the end of road construction,which ever is earlier. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures,which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement,the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto,their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of EIGHT HUNDRED FOFTY FIVE and 75/100 ($845.75) dollars for the execution of this Temporary Construction Easement referred as TE 24 described in attached"Exhibit"A". 1111111111111111111111111111111111 11111II11111111111111 3519834 11/28/2007 02:04P Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,700 2- 3395 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. pWNE7G R�IIVIYAN S. BLACK By: 1'7 c,,,. s q,,,, -- STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /Z/ day of 00706`c'2— ,2007, by Timyan S.Black. lllll �`$$,\\eernr.4,A. . 4,•.I. Witness my hand and official seal. I. - Nosy Net tt 1.�.✓�l r r /16 otary "ub c '.. oe C. W...r .` My commission expires: iiiiii it too My Commission Expires 06/24/2008 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. E La ATTEST: 0 Ji A iv,/� M& COUNTY OF WELD, STATE OF t 4/ vti I� COLORADO, GRANTEE t 1861 { • i 1 . sir :�.�—` KA.,.2 - - Dep Clerk to the Board n w, William H. Jerke, Chair Pro-Tem : �y � ' �." .V Board of County Commissioners OCT 2 4 2007 1 111111 11111 111111 11111 11111 111111 11111 III 11111 1111 1111 3519834 11/28/2007 02:04P Weld County, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ;,1.0/±2—.3S Vs' EXHIBIT - A A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. #1859672, LOT A OF RECORDED EXEMPTION NO. 1467-12-1-RE-500 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH SIXTEENTH CORNER BETWEEN SECTION 12, TOWNSHIP 1 NORTH, RANGE 68 WEST AND SECTION 7, TOWNSHIP 1 NORTH, RANGE 67 WEST AND ASSUMING THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 12 AS BEARING NORTH 89'56'40" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NORTH 89'56'40" WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 12 A DISTANCE OF 38.25 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 04'40'38" EAST A DISTANCE OF 40.76 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 43.72 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1445.00 FEET; CENTRAL ANGLE IS 01'44'01" WHOSE CHORD BEARS SOUTH 03'48'37" EAST A DISTANCE OF 43.72 FEET; THENCE SOUTH 86'39'36" WEST A DISTANCE OF 39.97 FEET; THENCE NORTH 03'20'24" WEST A DISTANCE OF 86.76 FEET; THENCE SOUTH 89'56'40" EAST A DISTANCE OF 38.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,383 SQUARE FEET 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. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DOCUMENTS RECORDED UNDER RECEPTION #02111779 1111111111111111111111111111111111 11111 III 111111111 all 3519834 11/28/2007 02:04P Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 44 8 WELD COUNTY PUBLIC WORKS DEPARTMENT VIID • WELD COUNTY ROAD 13SHEET TEMPORARY CONSTRUCTION EASE MENT DRAWN: JHB /'� OWNER: TIMYAN S. BLACK DATE: 10/1/07 1 OF 2 COLORADO EXHIBIT -A ITEMPORARY CONSTRUCTION EASEMENT S1/2 NE1/4 S12-T1N-R68W a- d N - C0 C ==.==.C),es I - _a 0 o V C CD CL 9 4 rn 50 25 0 50 I C:: N -O 0 '-' guIP oo Scale: 1" = 50' I N Lk)-C\DO -NO �r�CC NORTH SIXTEENTH CORNER w I r 512-TPOINT OF 67W OF COMMENCEMENT _m �o o I 1 _0)C I 1 POINT OF 1 BEGINNING BASIS OF BEARINGS Ll N89°56'40"W L5 .z- c, I l Qr I I I" LOT A a to "` c TIMYAN S. BLACK 3,383 s1. I HINIVETIMENT MANY RECP.#02111779 Rea! # u n �y m NO 1467-12-1-1113-970 I RECD. #164572 L3 I I --00--60' I I CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING I LINE TABLE Cl 43.72' 1445.00' 01'44'01" 43.72' 503'48'37"E 1 1 LINE BEARING LENGTH I I L1 N89'56'40"W 38.25' L2 SO4'40'38"E 40.76' L3 586'39'36"W 39.97' I L4 NO3'20'24"W 86.76' L5 589'56'40"E 38.73' WELD COUNTY ' PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD DRAWN: JHB SHEET TEMPORARY Y CONSTRUCTION EASEMENT DATE: 10/1/07 OF OWNER: TIMYAN S. BLACK L G COLORADO EXHIBIT MAP SCALE: 1"=100' MEMORANDUM TO: Clerk to the Board DATE: 12/17/2007 C FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Consent Agenda Item Please submit this item on the Consent Agenda: Deed of Dedication with Timyan S. Black for improvements to WCR 13. M:AFrancicAAgend-L con-doc 1 oc5 6 cop sent 471) ( �, cc ;1' S /9w/c 7 Ce' • Po, 4PP2--- 0, o • r 091 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Timyan S. Black, whose address is 4705 Weld County Road 13, Dacono, Colorado, 80514 being all of the owners of certain property in Weld County, Colorado, which is described in the attached exhibit "A", do 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 attache ociated with the Right of Way. G-/ l CcliL---- Timyan S. Black, ner STATE OF COLORADO ) ) ss. COUNTY OF Weld ) The foregoing instrument was acknowledged before me this f day of o e Co y`01;( , 20O1 , by Timyan S. Black, Owner. Witness my hand and official seal. otary Public My commission expires: du) --1 , -D-OLID r3RE Pv �. .C;ipIAq%410 Or c.0- My Commission Expires JULY 27,2010 Page I of 2 pages \II\\\IIIII111111IMEll13jflIt ft 3526091 12/27/2007 12:02P Weld 1 of 4 R 0.00 0.00 Steve Moreno Clerk C&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 26th day of December 20 07 AtIMAL ATTEST: COUNTY OF WELD, A BODY CLERK TO THE BOARD OF " '' N CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF / ":k� C J`SATE OF COLORADO THE COUNTY OF WELD 361 tn,y� W d BY. ,Alit_ (X.64 Urn Y: De y Cie to the Boar William H. Jerke, , Chair,pro-Tem BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 12/26/2007 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 26th day of December 20 07,by William H. Jerke BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. (Chair Pro-Tem) Witness my hand and official s 4.„p, ,1O1ARV / dj ary Public My commission expires: 4th, °,dv 15 201e Page 2 of 2 page 11111111111111111111111 11111 11111111111111 11111 11111111 3526091 12/27/2007 12:02P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4)O,09- 3•�ys I ( 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 Lot A,Recorded Exemption No. 1467-12-1-RE500 recorded June 4, 1981 as Reception No. 1859672 of the records of the Weld County Clerk and Recorder (WCCR), located in the South Half of the Northeast Quarter(81/2 NE1/4) of Section Twelve (12),Township One North (TA iv.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6" P.M,), County of Weld,State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast corner of said Lot A,said corner also being the Northeast corner of said S1/2 NE1/4 and assuming the North line of said Lot A as bearing North 89°56'40" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 149.13 feet (plat=150.00 feet) with all other bearings contained herein relative thereto: THENCE North 89°56'40"West along the North line of said Lot A also being along the North line of said S1/2 NE1/4 a distance of 30,00 feet to the West Right-of-Way (ROW) line of said WCR13 as established by that accepted Road Viewer's Report (RVR) recorded April 18, 1884 in Book 48 at Page 109 of the records of the WCCR,said point being the POINT OF BEGINNING; THENCE South 00°02'33" West along said West ROW line a distance of 159.52 feet to the beginning point of a curve,said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 119,03 feet,said curve having a radius of 1445.00 feet, a central angle of 04°43'11"and a long chord bearing North 02°19'02"West a distance of 119.00 feet to a Point of Tangency (PT); THENCE North 04°40'38" West a distance of 40.76 feet to the North line of said Lot A; THENCE South 89°56'40"East along the North line of said Lot A a distance of 8,25 feet to the POINT OF BEGINNING, Said parcel contains 461 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 kn dge and belief. 34995 • • • Steven rat.it,,o0ehthif of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. I IIIIII VIII IIIIII (IIII VIII VIII IIIIII III I'll' IIII IIII 650 Garden Drive Windsor, Colorado 80550 3526091 12/27/2007 12:02P Weld County, CO (9706-5011 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder JN: 295 M;\2004295\properly descriptions\ROW-24-PROP-DESC.doc Last printed 2/20/2007 2:42 PM 1 ' TIMYAN S. BLACK ' RIGHT-OF-WAY i SY2 NEY4 SEC. 12, T.1N., R.68W. (2 of 2) I a q - V 2 A& O I —CJ e Y �tN MIM-C•3 o00 h� 50 25 0 50 -9 E n' I li 3 i3 "I LII4001`d0 WaZAOR If iTn =a o EEC NO - 44 & I POINT OF BEGINNING 11'..-- 50' boy BASIS OF BEARINGS: ii•w e N89'56'40"W 149.13' NORTH SIXTEENTH QUARTER Sc 0 L3 .-L1 - BETWEEN SEC. 12, T.1N., R.68W. & Sro SEC. 7, T.1N., R.67W. N O 461 sq.ft. I POINT OF COMMENCEMENT 04 IR � I _NC O_rte 1 N� C Mil in =-C 0) 1,1 G __Cr)Mr / V "*JI LOT A TIMYAN S. BLACK M I air � ass" RISC N REC. NO. 02111779 o cewawa RECORDED aTION N V LINE TABLE AY�D 8467-E2-P 1�1E Rte. no. 18351572 LINE BEARING LENGTH I L1 N89'56'40"W 30.00' L2 N04'40'38"W 40.76'sIl L3 589'56'40"E 8.25' 60' RIGHT—OF—WAY PER ACCEPTED ROAD VIEWER'S REPORT DATED 4-17-1884 RECORDED 4-18-1884 848 P109 u0 `p� �� CURVE TABLE 0 4.. A -.At CURVE LENGTH RADIUS DELTA CHORD CH BEARING ,.(JAN QG:+ �� - C1 119.03' 1445.00' 04'43'11" 119.00' NO2'19'02"W 3439,5 '7 CThp'"1 NOTE: This exhibit drawing is not intended ,,/ to be a monumented land survey. It's S, ,Z sole purpose is as a graphic representation to aid in the visualization Steven UA behalf of King Surveyors, Inc. of the written property description which Colorado s Professional It accompanies. The written property Land Surveyor #34995 I description supersedes the exhibit drawing. KING SURVEYORS, INC. PROJECT NO:2004295 DATE: 02/13/2007 650 Garden Drive I Windsor, Colorado 80550 CLIENT:FHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ROW-24—BLACK www.kingsurveyors.com DRAWN: MCD CHECKED: SAL Hello