HomeMy WebLinkAbout20073187.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 - COWAN FAMILY PROPERTIES, 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 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 Cowan Family Properties, LLC, 5306 County Road 18,
Longmont, Colorado 80504, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain
Improvements to County Road 13 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 Cowan Family Properties, 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 10th day of October, A.D., 2007.
!. .»- BOARD OF COUNTY COMMISSIONERSj WE COUNTY, COLORADO
ATTEST: 1 0/ e�
avid E. Long, Chair
Weld County Clerk to the rir
William H. er ro-Tem
BY:441
Ve B ,o the Bo r (=
William F. Garcia
ApPRficED AS FORM: EXCUSED
Robert D. Masden
my Attorney EXCUSED
Douglas Rademacher
Date of signature: IO/3147
2007-3187
an '' eO�/ //G/36a7
_ (11,t
MEMORANDUM
' TO: Clerk to the Board DATE: 10/4/2007
• 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
Cowan Family Properties, LLC
Two duplicate original Agreements are attached. Return one signed original to Public
Works please.
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2007-3187
58
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN COWAN FAMILY PROPERTIES, LLC AND WELD
COUNTY, COLORADO.
THIS AGREEMENT is made this Its" day of"(1-*A0/ , 2007, by and between Cowan
Family Properties, LLC whose address is 5306 County Road 18, Longmont, CO 80504
hereinafter referred to as "Owner", and the County of Weld, a body corporate and politic of the
State of Colorado,by and through its Board of County Commissioners, whose address is 915 10th
Street, Greeley, Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13,and
WHEREAS, Owner owns the property described in the attached Exhibits"A"
hereinafter referred to collectively as"Right-of-Way", and
WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and
improvement project, and
WHEREAS, said rebuilding and improvement project involves the construction and
realignment of said roadway, and
WHEREAS, Owner wishes to cooperate with County in said road improvement.
NOW, THEREFORE,the parties herein agree as follows:
1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or
described in Exhibits "A", attached hereto and hereinafter referred to herein as the
"Right-of-Way" for the sum of THREE HUNDRED THIRTY ONE THOUSAND
EIGHT HUNDRED SEVENTEEN and 00/100 ($331,817.00) DOLLARS. This
consideration is being offered in lieu of condemnation.In addition to this consideration,
the County will convey .678 acres or approximately 29,554 sq. ft. as described in
"Exhibit C" to the owner.
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
1 IIIIII VIII IIIIII 111111111 111111 111111 III VIII IIII IIII
3515568 11/05/2007 03:23P Weld County, CO
1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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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. The date of the transfer of the Right-of-Way shall be the date of payment of
compensation and the date of delivery of the Deed of Dedication.
6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto
against all claims.
7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the date of
delivery of the deed based on the most recent levy and the most recent assessment.
Owner represents and warrants that all general taxes levied prior to such year have been
paid in full by Owner.
8. County agrees to compensate the Owner the sum$22,015.00 for a temporary easement
as described in attached"Exhibit B".
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: Cowan Family Properties,LLC
By: �( lJ�� as Managing Member
M ch el I. Cowan
gy: enis L .'1�1.�G� as Managing Member
e F. Cowan
IlllllllllllllllllIllllllllllllllllllltillll!si!!L
2
3515568 11/05/2007 0
2 of 11 R 0.00 D 0.00 Steve Moreno Clerk
ATTEST: /� OARD OF COUNTY COMMISSIONERS
`lets /16 a.,e<. , p 1 ,!° WELD COUNTY, STATE OF
+. et, ' ' ORADO
Weld County Clerk to the Board ;yap
a , w\�
By: 4t BY:
De ty Cle to the Boaz David E. Long, Chair
T 1 0 2007
3
111111111111111111111111111 ������ 111111 ��� 11111IIIIIII
3515568 11/05/2007 03:23P Weld County, CO
3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
0?oe2-33/f
EXHIBIT - A
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 PERSONAL REPRESENTATIVE DEED (PRD)
RECORDED NOVEMBER 4, 2005 AS RECEPTION NO.3337833 OF THE RECORDS OF THE WELD
COUNTY CLERK AND RECORDER (WCCR), LOCATED IN THE NORTHWEST QUARTER (NW1/4) OF
SECTION SIX (6), 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.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6 AND ASSUMING THE WEST LINE
OF THE NW1/4 OF SAID SECTION 6 AS BEARING SOUTH 00'16'37" EAST, BEING A GRID
BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH
AMERICAN DATUM 1983/92 A DISTANCE OF 2667.23 FEET WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
THENCE SOUTH 00'16'37" EAST ALONG THE WEST LINE OF THE NW1/4 OF SAID SECTION 6 A
DISTANCE OF 281.89 FEET TO A POINT ON SAID LINE;
THENCE NORTH 89'43'23" EAST A DISTANCE OF 139.56 FEET TO A POINT ON THE WESTERLY
LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 3337833, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE SOUTH 00'10'32" EAST A DISTANCE OF 267.66 FEET;
THENCE SOUTH 45'32'13" EAST A DISTANCE OF 21.08 FEET;
THENCE NORTH 89'06'05" EAST A DISTANCE OF 114.12 FEET;
THENCE NORTH 44'06'05" EAST A DISTANCE OF 14.14 FEET;
THENCE NORTH 00'53'55" WEST A DISTANCE OF 132.51 FEET;
THENCE NORTH 89'06'05" EAST A DISTANCE OF 14.91 FEET TO THE EASTERLY LINE OF THAT
PARCEL OF LAND DESCRIBED IN RECEPTION NO.3337833, SAID EASTERLY LINE ALSO BEING
THE WEST ROW LINE OF RAILROAD AVENUE, ALSO KNOWN AS COLORADO BOULEVARD;
THENCE SOUTH 00'53'55" EAST ALONG SAID WEST ROW LINE A DISTANCE OF 239.65 FEET;
THENCE SOUTH 89'06'05" WEST A DISTANCE OF 147.70 FEET;
THENCE SOUTH 20'09'45" WEST A DISTANCE OF 32.56 FEET:
THENCE SOUTH 00'09'45" WEST A DISTANCE OF 1313.77 FEET;
THENCE SOUTH 45'09'14" EAST A DISTANCE OF 14.06 FEET;
THENCE NORTH 89'31'48" EAST A DISTANCE OF 163.99 FEET;
THENCE NORTH 44'18'57" EAST A DISTANCE OF 13.98 FEET TO SAID WEST ROW LINE;
THENCE SOUTH 00'53'55" EAST ALONG SAID WEST ROW LINE A DISTANCE OF 105.03 FEET;
THENCE NORTH 46'06'46" WEST A DISTANCE OF 13.98 FEET;
THENCE SOUTH 89'06'05" WEST A DISTANCE OF 169.85 FEET;
THENCE SOUTH 33'13'17" WEST A DISTANCE OF 18.12 FEET;
THENCE SOUTH 00'16'37" EAST A DISTANCE OF 151.08 FEET TO THE SOUTHERLY LINE OF
THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.3337833;
THENCE NORTH 89'36'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 90.01 FEET TO
A LINE BEING THIRTY (30) FEET EAST OF, AS MEASURED AT A RIGHT ANGLE AND PARALLEL
WITH THE WEST LINE OF SAID NW1/4;
THENCE NORTH 00'16'37" WEST ALONG A LINE BEING 30 FEET EAST OF, AS MEASURED AT A
RIGHT ANGLE, AND PARALLEL WITH THE WEST LINE OF SAID NW1/4 A DISTANCE OF 1601.03
FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.
3337833, SAID POINT ALSO BEING THE BEGINNING POINT OF A CURVE BEING NON-TANGENT
TO AFORESAID LINE;
THENCE ALONG THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION
NO.3337833, ALSO BEING THE ARC OF A CURVE WHICH IS CONCAVE TO THE WEST A
DISTANCE OF 400.12 FEET, SAID CURVE HAVING A RADIUS OF 3919.83 FEET, A CENTRAL
ANGLE OF 05'50'55" AND A LONG CHORD BEARING NORTH 15'37'16" EAST A DISTANCE OF
En= 203 399.95 FEET TO THE POINT OF BEGINNING.
d SAID PARCEL CONTAINS 4.85 ACRES, MORE OR LESS (±), AND IS SUBJECT TO ANY
cc RIGHTS-OF-WAY OR OTHER EASEMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED
=c°0 PARCEL OF LAND.
IVY
d THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY
AGENT/SURVEYOR IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION
-v
c OBTAINED FROM SAID P.R.D. RECORDED NOVEMBER 4, 2005 UNDER RECEPTION NO.3337833.
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WELD COUNTY
' PUBLIC WORKS DEPARTMENT
WELD COUNTY ROAD 3 SHEET
RIGHT-OF-WAY DRAWN: JHB
• OWNER: MICHAEL E. & DENISE E. COWAN COLORADO RYT�TRTT _A DATE: 7/12/07 1 lF ^
"EXHIBIT B"
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Cowan Family Properties,LLC (Owner),
whose address 5306 Weld County Road 18, Longmont CO 80504 (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 road construction, staging and stockpile excess excavation for Weld
County Road 13, in and to, over, under and across the following described land:
SOUTH '/2 OF AREA DESCRIBED AS 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:
1. Said Temporary Construction Easement shall commence on October 1, 2007, and
shall expire and be of no further force or effect on October 1, 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 TWENTY TWO THOUSAND
FIF PEEN and no/100($22,015.00) dollars for the execution of this Temporary
Construction Easement described in attached"Exhibit"A".
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.
11111111111111111 111 11111 111111 111111III111111111 I I I I
3515568 11/05/2007 03:23P Weld County, CO
5 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
COWAN ELY PROPERf1ES, LLC
By i as managing Member
hael E. Cowan
P.
�� r
By 9:A L C------ as managing Member
Denise F. Cowan
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 2007,
by as Cowan Family Properties,
LLC.
The foregoing instrument was acknowledged before me this day of ,2007,
by as Cowan Family Properties,
LLC.
Witness my hand and official seal.
Notary Public
My commission expires:
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set
forth herein.
ATTEST: ,i . ' ; .- COUNTY OF WELD, STATE OF
m f t . CORADO, GRANTEE
De ty Cl to the Boa d ® avid E. Long, Chairman,Bo d of County
dJ N Commissioners. j 0 2007
111111111111 Olt IIII 11111 111111 111111 III II IIII IIII
3515568 11/05/2007 03:23P Weld County, CO
6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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WELD COUNTY ROAD 13 DRAWN: JHB SHEET
RIGHT-OF-WAY
OWNER: MICHAEL E. & DENISE E. COWAN DATE: 7/12/07
COLORADO EXHIBIT MAP SCALE: 1"-200' 2 OF 2
NORTHWEST QUARTER OF SECTION 6,-TOWNSHIP 1 NORTH- RANGE 67 WEST
WELD COUNTY PARCEL/PART OF THE WELD COUNTY ROAD 13 CONSTRUCTION PROJECT
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EXHIBIT - C
LEGAL DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF SECTION 6,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 6, TOWNSHIP 1 NORTH,
RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 6 AS BEARING NORTH 00'00'00" EAST, WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
THENCE SOUTH 89'21 '27" EAST ALONG THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 6 A DISTANCE OF 120.00 FEET;
THENCE NORTH 00'00'00" EAST A DISTANCE OF 127.21 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 00'00'00" EAST A DISTANCE OF 272.72 FEET;
THENCE SOUTH 89'19'37" EAST A DISTANCE OF 183.82 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF A ROAD FORMERLY KNOW AS WELD COUNTY ROAD
13, ALSO BEING A POINT OF A NON-TANGENT CURVE TO THE RIGHT;
THENCE 183.50 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 385.00 FEET,
CENTRAL ANGLE IS 27'18'32" WHOSE CHORD BEARS SOUTH 28'04'23' WEST A
DISTANCE OF 181 .77 FEET;
THENCE SOUTH 41'43'48" WEST A DISTANCE OF 147.63 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 29,554 SQ. FT. OR 0.678 ACRES MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY
AGENT IN AND FOR WELD COUNTY COLORADO.
opts ,
.
WELD COUNTY
. . Igoe PUBLIC WORKS DEPARTMENT
iii
..: WELD COUNTY ROAD 13 PROJECT SHEET
DRAWN: JHB
OWNER: WELD COUNTY
DATE: 8-4-o7 1 OF 2
111111 11111 111111 IN 11111111111111111III IIIII11111111
3515568 11/0512007 03:23P Weld County, CO
9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
TEMPORARY CONSTRUCTION EASEMENT
NORTHWEST QUARTER SECTION 6,-TOWNSHIP 1 NORTH-RANGE 67 WEST
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--� ��� 'TEMPORARY CONSTRUCTION EASEMENT
_�� OWNER: MIOIIAEL E. & DENISE E. ENT DATE: 6/21/07
I COLORADO EXHIBIT MAP SCALE: I"=200' 2 OF 2
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EXHIBIT - A
•
•
A PARCEL OF LAND, FOR THE PURPOSE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE
DWELD COUTY ESCRIBEDN IN THAT PERSONAL CREPRESENTATIVE PEED (PR13) ROAD PROJECT, I RD) RECONG A RRDED NOVEMBER T OF THAT CE4. 2005
L OF ND
AS RECEPTION NO.3337833 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER
NORTH) (T.01N)ERA GEHSIXTY SEVEN WEST (R.67W.) OF THE FSIXTSECTION
IH PRINCIPAL)MERIDIAN I P NE
(6th
P.M.), CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS. ASSMING C_oMFNCING
NW1/4 OF SAID NORTHWEST
SECTION 6 0 AS ER OF BEARING ID S UTHTION 6 00'16'37 D EAST, BEING AET LINE
GRID
BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE. NORTH
AMERICAN DATUM 1983/92 A DISTANCE OF 266713 FEET WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
THENCE NORTH 89'44'44" EAST ALONG THE NORTH LINE OF THE NW1/4 OF SAID SECTION 6
A' THE I 286.97 FEEF TO A
WAY (R.O.W.) LINE NT ON SAID LINE,OF RAILROAD AVENUID E.. ALSO T ALSO KNOWN EING A POINT AS ON
OF AS COLORADO
BOULEVARD;
THENCE SOUTH 00'53'55" EAST ALONG SAID WEST R.O.W. LINE A DISTANCE OF 659.93 FEET
TO THE POINT OF RFOINNING;
THENCE SOUTH 00'53'55" EAST ALONG SAID WEST R.O.W. LINE A DISTANCE OF 1345.38 FEET;
THENCE SOUTH 44'18'57" WEST A DISTANCE OF 13.98 FEET TO A POINT, SAID POINT ALSO
BEING A POINT ON THE NORTH R.O.W. LINE OF 2nd STREET;
THENCE SOUTH 89'31'48" WEST ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 153.99 FEET;
THENCE NORTH 45'09'14" WEST A DISTANCE OF 14.06 FEET TO A POINT, SAID POINT ALSO
BEING A POINT ON THE EAST R.o.w. LINE of WELD COUNTY ROAD 13:
TENCE NORTH 00-09145" EAST THALONGEAST A 7 FEET;
ENCE NORTH 20'09'45" EAST AD STANCE OF 32 56 FEET TO A POINT. SAID POINT ALSO
BEING A POINT ON THE SOUTH R.D.W. LINE OF 6th STREET;
THTO E ACPONT. SAID9POINT"ALSOT ALONG SAID BEING A POIINTOONHTHE ESTINE A DISTANCE OF 147.70 R.OW. LINE FEET
OF RAILROAD
AVENUE, ALSO KNOWN AS COLORADO BOULEVARD AND BEING THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 5,32 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.
THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY
AGENT/SURVEYOR IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION
OBTAINED FROM SAID P.R.D. RECORDED AUGUST 21, 2007 UNDER RECEPTION NO.3337833.
FOR AND BEHALF OF WELD COUNTY COLORADO
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PUBLIC WORKS DEPARTMENT
WELD COUNTY ROAD 3 SHEET
OWNER;
MIC CONS`. & DVNI E E. COWANNT
DRAWN; JHB
OWNCR: MICFIFlGL E. & DENISE E. CW DATA: 8/21/07 �
I COLORADO EXHIBIT-A OF L
008
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that COWAN FAMILY PROPERTIES,
LLC, A COLORADO LIMITED LIABILITY COMPANY, being all of the owners of
certain property in Weld County, Colorado which is described in the attached Exhibit
"A", do hereby dedicated forever said property as parts of a public highway, pursuant to
Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances,
except the existing easements and warrants title to the same.
EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way,
including oil, gas and minerals if any and shall also retain any and all water rights
currently attached or associated with the Right of Way.
MICHAEL E. COWAN, MANAGING MEMBER
DENISE E. COWAN, MANAGING MEMBER OF
COWAN FAMILY PROPERTIES, LLC, A COLORADO
LIMITED LIABILITY COMPANY
State of Colorado)
) ss:
County orBorottairt )
i
The foregoing instrument was acknowledged before me thiszG day of October, 2007
by: Michael E. Cowan and Denise E. Cowan, Managing Member of Cowan Family
Properties, LLC, a Colorado Limited Liability Company
Witness my hand and official seal.
_--qt A. McM
/11/L1 tr.,6YA-6Ntiee
Notary Public
My commission expires: /4/1911 7SA(/g1,\0 Ptr -
�I i
M' ;�y
.. .Expires
OCTOBER 14,2009
1 111111 11111 111111 11111 11111 1111 1111111 III 11111 IIII IIII
3519008 11/21/2007 03:50P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ID 1a` ' c2 P� 1
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).
T) OCOMIlLC
Dated this
//����//-����day of Osteber, 2007.
ATTEST: i"'�/�"(/vJ COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF r`' `%( COPRORATE AND POLITIC OF
COUNTY COMMISSIONE '"r 1' , j THE STATE OF COLORADO
OF THEE COUNTY OF WE 0
1 rs:
By: t • sy_ By
Deputy Clerk 4 he oar 1 David E. Long, Chair
rir( F~' / BOARD OF COUNTY
COMMISSIONERS O THE
OF THE COUNTY OF WELD
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
r� i Lc r The foregoing instrument was acknowledged before me this day of
October, 2007 by David E. Long, Chair, Board of County Commissioners of the County
of Weld.
Witness my hand and official seal.
tPRY..PUg���
•
Notary Public MELINDA ; �•
GUALANDRI I e
My commission expires: N. 11. 1 r�jy�: �oe
M'rnrmiission Expires:
11111 11111 1111111111111111 IIII 1111111 III 11111 IIII IIII
3519008 11/21/2007 03:50P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT - A
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 PERSONAL REPRESENTATIVE DEED (PRO)
RECORDED NOVEMBER 4, 2005 AS RECEPTION NO.3337833 OF THE RECORDS OF THE WELD
COUNTY CLERK AND RECORDER (WCCR). LOCATED IN THE NORTHWEST QUARTER (NWT/4) OF
SECTION SIX (6). TOWNSHIP ONE NORTH (T.114.). RANGE SIXTY SEVEN WEST (R67W) OF THE
SIXTH PRINCIPAL MERIDIAN (6th P.M.). CITY OF DACONO. COUNTY OF WELD. STATE OF
COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6 AND ASSUMING THE WEST LINE
OF THE NY/174 OF SAID SECTION 6 AS BEARING SOUTH 0016'37" EAST, BEING A GRID
BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH
AMERICAN DATUM 1983/92 A DISTANCE OF 2667.23 FEET WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
THENCE SOUTH 00'16'37" EAST ALONG THE WEST LINE OF THE NW1/4 OF SAID SEC110N 6 A
DISTANCE OF 281.89 FEET TO A POINT ON SAID LINE;
THENCE NORTH 89'43'23" EAST A DISTANCE OF 139.56 FEET TO A POINT ON THE WESTERLY
LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 3337833, SAID POINT BEING
THE POINT OF BEGINNING:
THENCE SOUTH 00'10'32" EAST A DISTANCE OF 267.66 FEET,
THENCE SOUTH 45'321 3" EAST A DISTANCE OF 21.08 FEET;
THENCE NORTH 89'06'05" EAST A DISTANCE OF 114.12 FEET,
THENCE NORTH 44'06'05• EAST A DISTANCE OF 14.14 FEET;
THENCE NORTH 00'53'55' WEST A DISTANCE OF 132.51 FELT;
THENCE NORTH 89'06'05" EAST A DISTANCE OF 14.91 FEET TO THE FACTERLY LINE OF THAT
PARCEL OF LAND DESCRIBED IN RECEPTION NO.3337833, SAID EASTERLY LINE ALSO BEING
THE WEST ROW LINE OF RAILROAD AVENUE, ALSO KNOWN AS COLORADO BOULEVARD;
THENCE SOUTH 00'53'55" EAST ALONG SAID WEST ROW LINE A DISTANCE OF 239.65 FEET;
THENCE SOUTH 89'06'05` WEST A DISTANCE OF 147.70 FEET;
THENCE SOUTH 20'09'45" WEST A DISTANCE OF 32_56 FEET:
THENCE SOUTH 00'09'45' WEST A DISTANCE OF 1313.77 FEET;
THENCE SOUTH 45'0914' EAST A DISTANCE OF 14.06 FEET:
THENCE NORTH 89'31'48" EAST A DISTANCE OF 163.99 FEET;
THENCE NORTH 44"18'57" EAST A DISTANCE OF 13.98 FEET TO SAID WEST ROW LINE:
THENCE SOUTH 00'53'55" EAST ALONG SAID WEST ROW LINE A DISTANCE OF 105.03 FEET;
THENCE NORTH 46'06'46" WEST A DISTANCE OF 13.98 FEET;
THENCE SOUTH 89'06'05' WEST A DISTANCE OF 169.85 FEET;
THENCE SOUTH 33'1317" WEST A DISTANCE OF 18.12 FEET;
THENCE SOUTH 00'16'37" EAST A DISTANCE OF 151.08 FEET TO THE SOUTHERLY LINE OF
THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.3337833;
THENCE NORTH 89'36'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 90.01 FEET TO
A LINE BEING THIRTY (30) FEET EAST OF, AS MEASURED AT A RIGHT ANGLE AND PARALLEL
WITH THE WEST LINE OF SAID NWI/4;
THENCE NORTH 00'16'37• WEST ALONG A LINE BEING 30 FEET EAST OF, AS MEASURED AT A
RIGHT ANGLE, AND PARALLEL WITH THE WEST LINE OF SAID NW1/4 A DISTANCE OF 1601.03
FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.
3337833, SAID POINT ALSO BEING THE BEGINNING POINT OF A CURVE BEING NON-TANGENT
TO AFORESAID LINE;
THENCE ALONG THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION
NO.3337833, ALSO BEING THE ARC OF A CURVE WHICH IS CONCAVE TO THE WEST A
DISTANCE OF 400.12 FEET, SAID CURVE HAVING A RADIUS OF 3919.83 FEET, A CENTRAL
ANGLE OF 0550'55" AND A LONG CHORD BEARING NORTH 15'37'16' EAST A DISTANCE OF
399.95 FEET TO THE POINT OF BEGINNING
SAID PARCEL CONTAINS 4.85 ACRES, MORE OR LESS (t), 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 DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT Of WAY
AGENT/SURVEYOR IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION
OBTAINED FROM SAID P.R.D. RECORDED NOVEMBER 4. 2005 UNDER RECEPTION NO.3337833.
FOR AND BEHALF OF WELD COUNTY COL� 11i1j111h/, ,/
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3519008 11/21/2007 03:50P Weld County, CO
t( 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY
PUBLIC WORKS DEPARTMENT
Wi`ple WELD COUNTY ROAD 3 SHEET
RIGHT-OF-WAY DRAWN. JHB
COTORADO OWNER: MIPHvEL E. &UTRIT.AI5E E. COWAN 1 9��
la DATE: J/i2/0)
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PUBLIC WORKS DEPARTMENT �-` `I .l___
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WELD COUNTY ROAD 13 DRAWN: 3HB SHEET
.- 9 OWNER. MICHAE EO& DENISE E. COWAN DA1E: 7/12/07
COLOR ADO EXHIBIT MAP SCALE: 1--200' 2 OF 2
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REAL PROPERTY TRANSFER DECLARATION
GENERAL INFORMATION (TD-1000)
PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure
fair and uniform assessments for all property for property tax purposes. Refer to 39-14.102(4), Colorado Revised
Statutes (C.R.5.).
REOuIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder
for r ordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and
signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder
notifies the county assessor who WILL send a notice to the buyer requesting that the declaration be returned within thirty
days after the notice is mailed.
If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor
may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for
any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(bl,
C.R.I.
CONFIDENTIALITY: The assessor is required to make the teat Property Transfer Declaration available for inspection to the
buyer. However, it is only available to the setter if the setter filed the declaration. Information derived from the
Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality
requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), L.R.S.
..a•->m1,41 .,.a. ,xxs.4.w..s+.,Le llta,NaNkeNe:swzzrrc. awk4A44.earca,6•4444 w.reNR46svaAR.ne e(sre6N46,64Ne•,•••'^'^,-.._marx AlkkaN..u>aee:4
1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers)
VACANT LAND GREELEY CO 80634
2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium E Multi-Unit Res
Commercial ❑ Industrial ❑ Agricultural ❑ Mixed use = Vacant Land E Other
3. Date of closing: October 26, 2007 Contract date: October 10, 2007
4. Total Sales Price: including all real and personal property. $331,817.00
5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting,
drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire
rchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
Yes 0 No If yes, approximate value $ Describe
6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx-
imate value of the goods or services as of the date of closing.
] Yes E No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? E Yes E No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
]y Yes ❑ No If no, interest purchased
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include
arsons within the same family, business affiliates, or affiliated corporations.
Yes E No
9. Check any of the following that apply to the condition of the im movements at the time of purchase.
C] New r] Excellent ❑ Good CDAverage ❑ fair 6 Poor E Salvage.
If the property is financed, please complete the following.
10. Total amount financed. $
11. Type of financing: (Check all that apply)
New ] Assumed ❑ Seller ❑ Third Party
Combination; Explain
12. Terms: ] Variable; Starting interest rate
Fixed; Interest rate
Length of time years
Balloon payment U Yes U No; Amount Due Date
13. Please explain any special terms, seller concessions, or financing and any other information that would help the
assessor understand the terms of sale.
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^For properties other than residential (Residential is defined as: single family detached, townhcmes, apartments, and
condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete.
14. Did the purchase price include a franchise or license fee? ❑ Yes E No
if yes, franchise or license fee value? $
15. Did the purchase price svalve an installment land contract? ❑ Yes E No
If yes, date of contract
16. If this was a ac wa
s land sale, w s an on-site inspection of the property conducted by the buyer prior to the
closing? Des ❑ No
Remarks: Please include any additional information concerning the sale you may feel is important.
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17. Sign 9q on this day of October 26, 2007 Please designate buyer or seller.
G,\\\`'�, Mailing Address
Signature of Grantee (8uye ) % or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC
915 10TH STREET GREELEY, CO 80631
Daytime Phone
Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION F025078206 (5595651)
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