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Home My WebLink About20073344.tiff i • RESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT CONCERNING CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BRIDLE CREEK, LLC 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 a Possession and Use Agreement Concerning 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 Bridle Creek, LLC, 911 Hildebrand Lane NE, Suite 203, Bainbridge Island, Washington, 98110, 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 Possession and Use Agreement Concerning 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 Bridle Creek, LLC 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 r WELD COUNTY, COLORADO )° a ATTEST: �� f ,� \}-` XCUSED U:a4; \::;/cO( �4 )— vid E. Long, Chair Weld County Clerk to the ar _ ,' i,,T, ' : '" y. William H. 717Pro-Tem� BY: byi , �J�� _ D p ty CI to the Boatld 7�. Willir F. Garcia p_P-PRO D AS T0 : \ \ Robert D.' r) asden unty torney ,D A tini? r9-C Douglas demacher Date of signature: li 17 I" 2007-3344 PL cc P , f L }FCf c_� EG0056 // ( c9-4(//07 • i (it a MEMORANDUM DTO: Clerk to the Board DATE: 10/19/2007 Ci FROM: Leon Sievers, Right-of- COLORADOWay Agent SUBJECT: Agenda Item Possession and Use Agreement with Bridle Creek, LLC, dated October 11, 2007 M:UrancieAAgcnd-Lcon.doc o ' 1 2007-3344 • • MEMORANDUM ITO: Clerk to the Board DATE: October 21, 2008 • FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Consent Agenda Item The enclosed Exhibit "B" Grant of Permanent Easement and Special Warranty Deed are both the supporting documentation for the two Agreements with Bridle Creek LLC document nos. 2007-3344 and 2008-2625. One original of each is attached. r) _ Enclosures J M:Trancie\Agend-Leon.doc J) Cl wisen1- d9e4t k9&7/pl4 2c+8 _ 2 ��142s( Possession&Use 9.10.07 • http://dots.google.co/pacificwestservices.com/View?docID=d7c 438 POSSESSION AND USE AGREEMENT 835 THIS AGREEMENT is made this !I day of Ca c ) r , 2007, by and between Bridle Creek, LLC, a Colorado Limited Liability Company whose address is 911 Hildebrand Lane NE Suite 203, Bainbridge Island, WA 98110 hereinafter collectively 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" for the purpose of granting the irrevocable right to possession and use to County, its contractors, agents and all others deemed necessary by County for the purpose of rebuilding and reconstructing a portion of Weld County road 13. The property involved is described as Exhibit"A", a Permanent Easement described as Exhibit"B" and a Temporary Construction Easement described as Exhibit "C" attached hereto and made a part hereof by reference. 1. In consideration of this irrevocable grant of possession, mutual promises and covenants contained herein, County will tender the Owner the sum of FIFTYTHREE THOUSAND FIVE HUNDRED FOURTY EIGHT and no/100 (53,548.00) DOLLARS. The County shall be entitled to take possession upon execution of this agreement. It is understood the sum tendered represents 100 percent of the County's value of just compensation owed to the Owner and is listed on the Compensation Computation worksheet attached hereto as Exhibit "D". It is agreed this sum shall be deducted from any final settlement amount, award, or verdict. It is also agreed in the event the ultimate settlement amount, award, or verdict is less than this amount the Owner shall refund the difference to the County. 2. The Owner represents that the title to the property is free and clear of all liens and encumbrances, except existing easements, warrants and will defend title thereto against all claims. 3. This agreement is made with the understanding the County will continue to negotiate in good faith with the Owner to acquire the interest in the property. It is further understood in the event a settlement is not reached within 90 days of the signing of this agreement, such failure will be a confession that the negotiations to acquire the propertied described herein have proved futile. At this point, the County may begin proceedings in eminent domain to acquire title to the property herein described. a CD o` y 0 g —NM 0 c aU N 4. The County shall not unreasonably delay the commencement of proceedings under the eminent domain law once the time provided for in paragraph 3 has expired. If the County begins Oproceedings in eminent domain, it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order is entered by the court, as o provided for in C.R.S. 38-1-105(3). co 0 N o 5. It is agreed by the undersigned, in the event proceedings in eminent domain are begun, the o valuation day for determining the amount of just compensation shall be the date on which payment r was tendered to the owner, pursuant to paragraph one above. e ... 5. This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind v^ their heirs, executors, administrators, legal representatives, successors, and assigns. �co— a� o 111111111111111111111111111111111111111 III 11111 IIII IIII 351983 1/28/2007 02:04P Weld County, CO .,Z e7-3� 1 oft 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 10/12/2007 5:0: Possession&Use 9;10.07 S http://docs.google.corg/ pacificwestservices.com/V iew?docID=d7c 5. This Agreement embodies all of the 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. IN WITNESS WHEREOF, the parties hereto have subscribed their names this I day of NA-4<C , 2007. OWNER: Bridle CreekLLC, a Colorado Limited Liability Company By: 41C6.4ktri Title: MQPI u yy,- Date: l0 no /200 d Chairman, Bo d of C9unty C ni sion r S51 • 9 �_ ATTEST: i-it ;i1 Al/l/J `' A ! VJ COUNTY CL 7K TO THE BOARD ' 1j. BY: 2 Oil Li2f 1 RI/NI DE( QTY EtRK TO THJB0ARD 111111 VIII 111111 III VIII IIIIII VIII 111 VIII IIII IIII 3588438 11/06/2008 12:33P Weld County, CO 2 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 111111 11111111111 11111 VIII 111111 11111 III 11111 IIII IIII 3519 11/28/2007 02:04P Weld County, CO 17 R 0.00 0 0.00 Steve Moreno Clerk& Recorder <1O02—33 2 oft 10/12/2007 5:0: • EXHIBIT "A" PROPERTY DESCRIPTION (1 of 3) 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 Bargain and Sale Deed (BSD) recorded December 30, 2003 as Reception No. 3139889 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Eighteen (18), 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: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of said NW1/4 as bearing North 00°09'18" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2659.46 feet with all other bearings contained herein relative thereto: THENCE South 89°37'31" East along the South line of said NW1/4 a distance of 30.00 feet to the East Right-of-Way (ROW) 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; The following Two (2) courses and distances are along said East ROW: THENCE North 00°11'29" West a distance of 0.29 feet; THENCE North 00°09'18" West a distance of 2629.13 feet to the South 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; THENCE South 89°32'56" East along said South ROW a distance of 60.00 feet; THENCE South 00°09'18" East a distance of 2564.43 feet to a Point of Curvature (PC); IIIIIII Ill IIIIIIVIIIVIIIIIIIIIVIIIIIIVIIIIIIIIIII v� t,�� 3588438 11/06/2008 12:33P Weld County, CO ° 3 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder G ••..4OA. '• `-p ` ati Cl. 111111 11111 111111 VIII VIII 111111 VIII III 11111 III' IIII • 34995 CM 3519865 11/28/2007 02:04P Weld County, CO S '4.1/4 t e 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ROW-7-PROP-DESC.doc Last printed 2/19/2007 11:05 AM s • (2 of 3) THENCE along the arc of a curve which is concave to the West a distance of 64.91 feet, said curve having a radius of 1565.00 feet, a central angle of 02°22'35" and a long chord bearing South 01°02'00" West a distance of 64.91 feet to the South line of the NW1/4 of said Section 18; THENCE North 89°37'31" West along said South line a distance of 58.66 feet to the POINT OF BEGINNING; Said parcel contains 3.621 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. yxn:c:rasr "a C -� S Z. A 34995 ` 4 ' oc5-1 } Steve" 'tlliviieTAS ,z half of King Surveyors, Inc. Colorado"- ^""'d Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 111111111111111111111111111111111111111111111111111111I (970) 686-5011 3588438 11/06/2008 12:33P Weld County, CO 4 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder JN: 2004295 I111111 III IIII1 Ittt IIII 3519835 11/28/2007 02:04P Weld County, CO 4444,9f- T7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder M:\2004295\property descriptions\ROW-7-PROP-DESC.doc Last printed 2/19/2007 11:05 AM BRIDLE CREEK, LLC RIGHT-OF-WAYIII I NWYa SEC. 18, T.1N., R.67W. I .L A8. (3 of 3) SUSAN TROZ7L7Z 9RIAN 1 I - a C14RIA .1O N IICAffi .II4OONO fLTD ,4- --•�_- 8649 RISC ma Isms, Rasa mo i /n NORTH QUARTER CORNER SEC. 18, T.1N., R.67W. J L3 WELD COUNTY ROAD NO.1a 4 J or NORTHWEST CORNER/ I I_30 R.O.W. PER WELD COUNTY - W p SEC. 18, T.1N., R.67W. RESOLUTION OF 1889 U LEA I 150'PUBLIC SERVICE COMPANY OF COLORADO -ELECTRIC & COMMUNICATIONS EASEMENT(B57.9 Q I REC. NOS. 1501255 & 1501256) O Q HOWARD B HALEY a IONE D HALEY60' RIGHT-OF-WAY U E B743 RFC NO 166465T y PER ACCEPTED ROAD VIEWER'S REPORT ~DATED 4-17-1884 W RECORDED 4-18-1884 B48 P109 "-4 d 'n THERE/5 AN EASEMENT TO THE AMER/CAN N '') TELEPHONE AND TELEGRAPH COMPANY FOR A H W N LINE TABLE - TELEPHONE & TELEGRAPH L/NE EASEMENT/N THE W Ca o LINE BEARING LENGTH d• N'Y, SEC. 16, T.1N, 8671 LOCATION CANNOT BE DETERMINED FROM DEED.(B909 P271) Ix ] o L1 389'37'31"E 30.00' `₹ ap O 'n L2 N00'11'29"W 0.29' CD N N LE C LLB' U Q< in L3 S89'32'56"E 60.00' N RFC MO. .L L4 N89'37'31"W 58.66' x' TAMARAt NORRLS THERE/S AN EASEMENT TO THE AMER/CAN H LOT B' RE-1627 -1,3O e w TELEPHONE AND TELEGRAPH COMPANY FOR A O En RISC RICJ T27>tf04 a0 COMMUN/CATION SYSTEMS EASEMENT/N THE N/, Z co -2., - SEC 18, T.1N., R.671. THE EASEMENT/S 165' HIDE THE WESTERLY BOUNDARY OF THE EASEMENT/S 3' z� • b HEST AND PARALLEL HITH THE FIRST CABLE LAID. ; o LOCATION CANNOT BE DETERMINED FROM DEED(13, P4 131 ICI' !. FONTS go, N B1072 P215) U REC Net2%2aI% cr w NOTE: This exhibit drawing is not intended to be a m� monumented land survey. It's sole purpose is as a p graphic representation to aid in the visualization of the N4�03 written property description which it accompanies. The RICMARD J. a REM'L. RCJC.AS_• (7)O r• written property description supersedes the exhibit drawing. REC~ NO 247953E m r ` 0 V 0 v(®'RE9`4Sp. aresARIS 2 it BETTY L ROOS 24798 O •-Ni�N A. L . .1/41‘ 4 RISC Ara 2472f43 o;1� a , 34995 v n c o--1 ,:� .emu. fi a BETTY L ROO>3 L2 Steve I. nLdpy1/2V o behalf of King Surveyors, Inc. 8216 REC NO 175/9/6 Colorado -reed Professional _3 Land Surveyor #34995 WEST QUARTER CORNER \ 4 CENTER QUARTER CORNER SEC. 18, T.1N., R.67W. ` SEC. 18, T.1N., R.67W. I POINT OF COMMENCEMENT L1 POINT OF BEGINNING 400 200 0 400 I I Ens AND JOHNSON EACO YO ESTATES LOC;' I I f4C7ONO FARA( LIP REC .NO X74 REC NOA .32446m 1 "= 400' y T ICING SURVEYORS, INC. PROJECT NO:2004295 DATE: 02/13/2007 IIIIII (IIII IIIIII VIII VIII IIIIII VIII III VIII LIMB 7 CLIENT:FHU DWG:ROW-7—BRIDLE BRIDLE CREEK 3519835 11/28/2007 02:04P Weld County, CO DRAWN: MCD CHECKED: SAL ,,5a$' t7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder HID 11111111IIIVIIIV111111IIIVIIIIIIIIIIIIIIIIIII 3588438 11/06/2008 12:33P Weld County, CO 5 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • SPECIAL WARRANTY DEED NO DOCUMENTARY THIS DEED,dated as of the day of _ 2008 between FEE REQUIRED Bridle Creek L.L.C., a Colorado Limited Liability Company State of Colorado,grantors, and Weld County Colorado, whose legal address is 1111 H Street, Greeley CO 80632-0758,grantee: WITNESS, that the grantor, for and in consideration of the sum of FORTY NINE THOUSAND SEVEN HUNDRED SEVENTY FIVE AND 00/00 ($49,775.00), The receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBITS 'A' PARCEL NO. 7 PROJECT NO. 2004295 Assessor's schedule or parcel number: 1 4691 820001 3 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for himself and for his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, frill power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except any existing easements and general taxes for 2008 and subsequent years. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under grantor. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. BRIDLE.�IREEK L.L.C., Colorado Limited Liability Company By: 4 ( Get ico-ii --- - _ - Title: MtVl ry/� STATE OF WASHINGTON ) )ss. COUNTY OF X.�+s1 ) L The foregoing instrument was acknowledged before me this 15 - day of OCh 2008 by: j5 Ma C.Gall Mk" as elemi.Se _of Bridle Creek, L.L.C., a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: g-i P-ztt1 00111 I null. ...Jv�C;'sssIon F'• O /i� Notary Public F� to 1 u Notary ••i Public ' 'o gf '..45/200cl.• \O ///tO Of ;```'% 11111111111111111111111 11111111111 VIII III VIIIIIII I'll 3588438 11/06/2008 12:33P Weld County, CO 6 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder rte? -33N14 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 27th day of October , 20 08 . ATTEST: �� .>> 3' COUNTY OF WELD, A BODY 01 ly It CLERIC TO THE BOARD 'V -,,,./E) CORPORATE AND POLITIC OF THE. COUNTY COMMISSION a ,l'' `" STATE OF COLORADO THE COUNTY OF WEL isci f F ' ', -.s y 7 `C, _ BY: BY: -71-„,7 i---4- ,-- Deputy Clerk o the Board William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 10/27/2008 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 27thdayofOctober 20 08,by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official s $' (Pk.1-in DC , Pu c 9 �OFeC;C'f,. My commission expires: Mvcnmmiss^ Page 2 of 2 page 1 MID 11111 111111 11111 11111111111111 III 11111 lIII IIII 7� 3588438 11/06/2008 12:33P Weld County, CO C!7- �-=;/ 7 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder q7Ctcf. aPe‘.; i EXHIBIT"A" PROPERTY DESCRIPTION (1 of 3) Two parcels of land, for temporary construction easement purposes, being parts of that parcel of land described in that Bargain and Sale Deed (BSD) recorded December 30, 2003 as Reception No. 3139889 of the records of the Weld County Clerk and Recorder (WCCR) located in the Northwest Quarter (NW1/4) of Section Eighteen (18), Township One North (T.IN.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), City of Dacono, County of Weld, State of Colorado, and being more particularly described as follows: North Easement The South Fifty (50) feet of the North One Thousand One Hundred Fifty-seven (1157) feet of the East Forty (40) feet of the West One Hundred Thirty (130) feet of said parcel of land described in said Reception No. 3139889. Said parcel contains 2,000 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 COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of said NW1/4 as bearing North 00°09'18" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2659.46 feet with all other bearings contained herein relative thereto: THENCE South 89°37'31" East along the South line of the NW1/4 of said Section 18 a distance of 88.66 feet to the POINT OF BEGINNING, said point being 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 43.25 feet, said curve having a radius of 1565.00 feet, a central angle of 01°35'01" and a long chord bearing North 01°25'47" East a distance of 43.25 feet; 111111111111 111111 EMU 111111 III III IIIII IIII IIII Qo REG °'.,: 3588438 11/06/2008 12:33P Weld County, Co .• 'krT�,'• _ 8 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recordercy. �i 4 1 111111 11111 111111 11111 11111 1111111111111111111 III IIII • ~� p �,i 3499E _ 3519835 11/28/2007 02:04P Weld County, CO t; , a � lye 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder c °, �J M:\2004295\property descriptions\TCE-7-PROP-DESC.doc Last printed 2/19/2007 11:27 AM ,. ` • • (2 of 3) THENCE South 89°21'43" East along a line being non-tangent to aforesaid curve a distance of 110.00 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 42.75 feet, said curve having a radius of 1675.00 feet, a central angle of 01°27'44" and a long chord bearing South 01°22'09" West a distance of 42.75 feet to the South line of the NW1/4 of said Section 18; THENCE North 89°37'31" West along said South line a distance of 110.05 feet to the POINT OF BEGINNING. Said parcel contains 4,730 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 il! 34995 1 -l Jt Steven ° n behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 111111111111 II111I 1111111111111111 IlII1 III 11111 IIII 1111 (970) 686-5011 3588438 12:33P ty 0 9 of 14 R11/0960/020008 0.00 SteveWeld MorenoCoun ClerkC& Recorder JN: 2004295 1 11111111111 111111 111111111111111111111 III 111111 III 1111 3519835 11/28/2007 02:04P Weld County, CO 13,41•17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\TCE-7-PROP-DESC.doc Last printed 2/19/2007 11;27 AM TEMPORARY CONSTRUCTION BRIDLE CREEK, LLC EASEMENT NWY4 SEC. 18, T.1N., R.67W. I I I (3 o f 3) sllsw_lcc a1e®Lrma•' maRE4R7.s — a C4RE A J0 1-11.1501k1 HORES nacohro corrumwoon Lm 7r-_ `— B649 REC Ara 1571188 REC NO 3224911' / fr NORTH QUARTER CORNER J SEC. 18, 7.1N., R.67W. — — _ WELD CDUNTYROADNO18 —— —---r — — j _ __ — — NORTHWEST CORNER/a 130' R.O.W. PER WELD COUNTY SEC. 18, T.1N., R.67W. RESOLUTION OF 1889 0 w 3 75O'PUBLIC SERVICE COMPANY OF COLORADO a o -EL & COMMUN/CATIONS EASEMENT.(8579 w c, 5`"., P301WrARD E MALEY REC. NOS. 75O7255 & 15O1256) x 6 N IONS L4 HALEY 30' RIGHT-OF-WAY U 874:3 REC NO 166/64 PER ACCEPTED ROAD VIEWER'S REPORT y I DATED 4-17-1884 C] .n in RECORDED 4-18-1884 B48 P109 0 I U Cr)! C 1107' THERE/S AN EASEMENT TO 77/E AMER/CAN TELEPHONE AND TELEGRAPH COMPANY FOR A W LINE TABLE TELEPHONE& TELEGRAPH LINE EASEMENT/N 17/E rcl H 5a LINE BEARING LENGTH NI/2 SEC. 78, 7:1N, R..57W! LOCATION CANNOT BE Q W n L1 589'37'31"E 88.66' DETERMINED FROM DEED.(89O9 P271) W la - - c L2 589'21'43"E 110.00' `ji A b b L3 N89'3T31"W 110.05' 2,000 sq.ft. BR �•� CREEK tic o a o N ' d81EC MO. 1 U m iri TAMARA R7®.�1�&S 90'— I ao � to Li LOT B' RE--1627 THERE/5 AN EASEMENT TO THE AMER/CAN REC MO .327-504 3 50' TELEPHONE AND TELEGRAPH COMPANY FOR A 0° COMMUNICATION SYSTEMS EASEMENT/N THE N% H 1n ir, o,ti SEC. 1a T.IN, R 67W! THE EASEMENT/S 16.5' 0 Ni N a RIDE. THE WESTERLY BOUNDARY OF THE w a a- o EASEMENT/S 9' WEST AND PARALLEL {4777/ THE - Z(� I FIRST CABLE LAID. LOCATION CANNOT BE BERR1dCE A YON= �'y DETERMINED FROM DEED(87O72 P215) w _ N EEC NO: LS624.58 z QOQ�� a cj I NOTE: This exhibit drawing is not intended to be a U wfIs monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of the u_ written property description which it accompanies. The written property description supersedes the exhibit drawing. RIC25TARD A st BETTY L ROOS u) REC no 2479518 ul!!�� -:C V I P,:D0 RAG 0 °•catig 4' 9 RECELARD A a BETTY L ROOTS 0 REC NO 2472243 ' 34995 00-1 Vrti .'Z` Stev vrrd•= .Behalf of King Surveyors, Inc. Colora Pr rofessional RIC E ARD A. d' BETTY RODS Land Surveyor 34995 Barb REC NO 17.379M L2 6 1 C2 4,730 sq.ft. WEST QUARTER CORNER L3 CENTER QUARTER CORNER SEC. 18, T.1N., R.67W. POINT OF BEGINNING SEC. 18, T.1N., R.67W. POINT OF COMMENCEMENT I I L1 400 200 0 400 III IWCIC AND JOd5QJSON I34C0N0 ESTATES LLC L34C.1 N0 FARAL LLP REC R71S 29419674III RAC FIOc 3a446v1 I I 1 "= 400' PROJECT NO:2004295 KING SURVEYORS, INC. DATE: 02/13/2007 IIIIII VIII Dill HA RI 11111 III 11111 III /III DCLIENT:FHU WG:CE-7—BRIDLE CREEK 3519835 11/28/2007 02:04P Weld County, CO DRAWN: MCD CHECKED: SAL Ike 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder MID 11111 111111 11111 1111111111111111 III 111111 III liii 3588438 11/06/2008 12:33P Weld County, CO 10 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder l EXHIBIT "B" GRANT OF PERMANENT EASEMENT This Grant of Permanent Easement is made by and between Bridle Creek LLC, a Colorado Limited Liability Company (Owner), whose address 911 Hildebrand Lane NE Suite 203 Bainbridge Island, WA 98110 (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 the relocation and maintenance of a drainage culvert. The location of the easement parcel is described as follows: Sec Easement Exhibit"A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the drainage casement for a 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 construction and maintenance of said drainage easement for a culvert. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon, passage over any of material and equipment on such area as may be necessary or useful for the construction, maintenance, and repair of said drainage easement for a 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 he governed and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: Bridle Creek, LLC., a Colorado Limited Liability Company By: 4C-6Otil Title: gvv'bar 111111111111111111 IIIII 1111111111111111 III MIMIC 3588438 11/06/2008 12:33P Weld County, CO 11 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder goo 7-334 i � HfFw r �1 . STATE OF CJuLOR aSin )U ) 5 ' �er COUNTY OF g.-4-,1, ) , 9 of Wosx' . % /llllll n12.. It. 0cl-e bee The foregoing instrument was acknowledged before me this 15— clay of 2008, by, duct C.&baa as yvtgvntyer Bridle Creek, LLC., a Colorado limited liability company. V Witness my hand and official seal. (sezhda d, ") -��_�' Notary Public My commission expires: ? -i 5'2b, The Grantee hereby accepts this easement for the purposes set forth herein on this the 27th day of October , 2008. 1_,) COUNTY OF WELD, STATE OF ATTEST: 11441 1 COLORADO, GRANTEE A✓ i. Deputy Cler o the Board 1' P" , William H. Jerke, Chairman, Board of County Commissioners of Weld County, Colorado 10/27/2008 ``` nitiU1l.. v,. .ossion es,9' 1, to 9 Notary = Public !3} Ole�4S/2004 �O % ii if p�lWal�\,O,`o 1Ellin MITI 11111 11111111111 11111 III HINDU IIII 3588438 11/06/2008 12:33P Weld County, CO CO2- -33V 12 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 9D0b' . ;_ ld: ; EXHIBIT "A" PROPERTY DESCRIPTION (1 of 2) A parcel of land, for easement purposes, being a part of that parcel of land described in that Bargain and Sale Deed (BSD) recorded December 30, 2003 as Reception No. 3139889 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Eighteen (18), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), City of Dacono, County of Weld, State of Colorado, and being more particularly described as follows: The South Twenty (20) feet of the North Fifty (50) feet of the East Eighteen (18) feet of the West One Hundred Eight (108) feet of said parcel of land described in said Reception No. 3139889. Said parcel contains 360 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. ,user. .'SOD REG]S d (eQc r CO : 34995 1 cr o 1 144 Steven i °41 ehalf of King Surveyors, Inc. Colorado Regis eyed Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive 970) 686-5011 r,Colorado 80550 ( I JIM 11112��111111111111 X111 (970) 6 3588438 11/06/2008 12:33P Weld County, CO JN: 2004295 13 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:12004295\properly descriptions\ESMT-7-PROP-DESC.doc Last printed 2/19/2007 11:35 AM BRIDLE CREEK LLC EASEMENT I I NWY4 SEC. 18, T.1N., R.67W. -��(2 of 2) /� L --------- / _ I \- / �. � — — — — / - - — / / / / !I` NOTE: This exhibit drawing is not intended to be / / a monumented land survey. It's sole purpose is / / I as a graphic representation to aid in the / visualization of the written property description / ll I which it accompanies. The written property IeS0riptiofl supersedes the exhibit drawing. / NORTH QUARTER CORNER NORTHST CORNER SEC. 18, T.1N., R.67W.-i_i7 SEC. 18, T.1NR.67W. -WLDCOUNTYRON _40 /81 30' R.O.W. PER WELD COUNTY 360 sq.ft. 20' RESOLUTION OF 1889 �I l -1 150'PUBLIC SERVICE COMPANY OF COLORADO ELECLR/C & COMMUN/CAAONS EASEMENT.(8579 S: REC. NOS 1501255 & /501255, - - -I I 130 RIGHT-OF-WAY 100 50 0 100 PER ACCEPTED ROAD VIEWER'S REPORT -I DATED 4-17-1884 RECORDED 4-18-1884 848 P109 1 "= 100' O VI qBRA LW I ma .1 G 39889 A °e, r (.0‘.-'"ANA , crAzt, I WEST QUARTER CORNER 34995 —` jZr5EC. 18, T.1N., R.67W. <Z- Steven f1.(,gdiota , half of King Surveyors, Inc. Colorado -efred- Professional Land Surveyor #34995 T{TXTo RT TR A/F+.VflR S INC. PROJECT 11O:2004295 DATE: 02/13/2007 11111111111111111 VIII VIII IIIIII VIII III IIIIII MI MI 0CLIENT:FH 5821 DWG:ESMTU 7—BRIDLE CREE 3588438 11/06/2008 12:33P Weld County, CO DRAWN: MCD CHECKED: SAL 14 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Hello