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HomeMy WebLinkAbout20071053 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ROBERT AND MARGARET IHRIG 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 Weld County Roads 3 and 1.5 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 Robert and Margaret Ihrig, 4557 Weld County Road 3, Erie, Colorado 80516, 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 Weld County Roads 3 and 1.5 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 Robert and Margaret Ihrig 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 16th day of April, A.D., 2007. Oka' 1 BOA OF COUNTY COMMISSIONERS / I J_ /'\ ELD UNTX, COLD DO J ATTEST: ga,il 7 ` .�X. 5;4* id E. Long, Chair Weld County Clerk to the B3 r. a 4 PP' �I r V L-n-A? o i�F� \ liam . J�rke, -Tem BY:l �.4" Ala C. I''2 F L !/ De. ty CI to the Boa d - Willi m F. Garcia APPftOD (Q, Robert D. Masden -C Attorney . „ �,�. Douglas'Rademacher Date of signature: 163'0 7 2007-1053 e '. PL(). ft AM_ EO0056 Ati‘ a t\ r' MEMORANDUM 1 TO: Clerk to the Board DATE : April 10, 2007 C. COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Agreement concerning purchase of right-of-way along WCRs 3 and 1.5 with Robert and Margaret Ihrig. One original agreement is attached. The appropriate documentation is enclosed: Enclosure M 1Franc ie\AgendaSignature.DOC 2007-1053 464 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3 & 1.5 BETWEEN ROBERT H. IHRIG AND MARAGARET H. IHRIG AND WELD COUNTY, COLORADO THIS AGREEMENT is made this n day of //k'Iy/ , 2007,by and between ROBERT H. IHRIG AND MARGARET H. IHRIG whose address is 4557 WCR 3, Erie, Colorado 80516, hereinafter referred to as "Owner", and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10`h Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 3 & 1.5, and WHEREAS, Owner owns the property described in the attached Exhibit"A" and hereinafter referred to collectively as "Right-of-Way", and WHEREAS,County needs the Right-of-Way in order to complete said rebuilding and o improvement project, and — C., cc v°e WHEREAS,said rebuilding and improvement project involves the construction and d realignment of said roadway, and -U sm.-—mom WHEREAS, Owner wishes to cooperate with County in said road improvement. - . NOW, THEREFORE, the parties herein agree as follows: mg.!an a=— 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown ro and/or described on Exhibit "A", attached hereto and hereinafter referred to ci arm N herein as the"Right-of-Way"for the sum of Two Thousand Four Hundred Forty =oo and no/100 ($2,440.00) dollars. This consideration is being offered in lieu of i3 condemnation cc at e Eaico 5 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. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. DD9-/DSO Page 2 of 2 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. 413 5. Although the date of the transfer of the Right-of-Way shall be the date of the aUY 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 a contractors,agents,employees,and all others deemed necessary by County shall - E 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 - a compensation is the date of delivery of the Deed of Dedication. N b 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title o= thereto against all claims. �0C N 0 0 7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the acc date of delivery of the deed based on the most recent levy and the most recent a .' assessment. Owner represents and warrants that all general taxes levied prior to v o such year have been paid in full by Owner. 03N 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: ROBERT H. IHRIG OWNER: MARGARET H. IHRIG 1 ) 'obert H. hri Margaret lIhrig /� ATTES�• .,. ��.� G BOARD OF COUNTY Weld f r • th d C MMISSIONERS OF WELD "y ISEI P'- $a 1-, TY, STAT OF COLORADO By: if 7 �� BY: Deputy Cl ; t. I;e :'::�y David E. Long, Chai APR 1 6 2007 ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY P:\WELDCNTY\C40#I0A\Ihrig\agreement Ihrig 3-9-07.doc EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, AMENDED RECORDED EXEMPTION NO. 1467-07-4-AMRE--3814, 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 SAID SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'07'09"W A DISTANCE OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS S45'38'45"W A DISTANCE OF 42.55 FEET FROM SAID EAST QUARTER CORNER OF SECTION 7; THENCE SO0'55'48"W A DISTANCE OF 554.38 FEET; THENCE N89'32'26"W A DISTANCE OF 10.00 FEET; THENCE NOO'55'49"E A DISTANCE OF 520.92 FEET; THENCE N44'18'17"W A DISTANCE OF 33.04 FEET; THENCE N89'32'23"W A DISTANCE OF 36.46 FEET; THENCE NO0'27'37"E A DISTANCE OF 10.00 FEET; THENCE S89'32'23"E A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF SECTION 7 BEARS SO3'47'51 "E A DISTANCE OF 2701 .99 FEET; SAID PARCEL CONTAINS 6,419 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. n • ‘ott CHRI .P ' • P. A; P.L.S. 31 158 ATE FOR Dg ;•RECISION SURVEY & MAPPING, INC. • 3115 Ak,5 A.LLAte3 _r 1111111 11111 /III 11111 1111111 IIIII III Bin III 3473464 05/03/2007 01:40P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder REVISED: 12/08/06 SHEET 1 OF 2 cal-/Dsa EXHIBIT MAP "A" I LOT 1 ADDITIONAL y �-- BLOCK 1 RIGHT-OF-WAY I M ACQUISITION PARK LAND ESTATES OWNER: FILED IN THE WELD COUNTY WOOLLEY FAMILY TRUST I I ? CLERK AND RECORDER'S OFFICE RECEPTION NO. 2444846 I I > /I E1/4 COR SEC 7 20' UTILITY & T1N, R68W, 6TH PM DRAINAGE EASEMENT - POINT OF FOUND 3" BRASS CAP —WCR 10.5- - - BEGINNING L8 �j n r--. 6 I S: Ii J L6 T <s IN I I 20' UREA EASEMENT BK 885, REC. NO. 1807274 I ADDITIONAL RIGHT-OF-WAY RIGHT-OF-WAY SW1/4 SEC. 8 ACQUISMON AREA I ACQUISITION T1 N, R68W, 6TH P.M. 6,419 SQ. FT. ± PSED I 100O TEMPORARY O I CONSTRUCTION EASEMENT 0) Z,t to O O a o 1 0 p M I OWNER: ' re N , = LU I EUREKA LAND & CATTLE COMPANY, LLC. hoc et; -� w � I Ca II 3li wa iimm=� ix J J LINE TABLE —9 , w o w I I LINE BEARING DISTANCE �3 • L o co I L1 S45'38'45"W 42.55' �d I5 o '- L2 SOO'55'48"W 554.38' l L4 zp L3 N89'32'26"W 10.00' �atc mz L4 NOO'55'49"E 520.92' �r-c a ix L5 N44'18'17"W 33.04' cg LOT Bjr- . L6 N89'32'23"W 36.46' roc roc d� L7 NOO'27'37"E 10.00' — a 10' UNION RURAL cots L8 S89'32'23"E 70.00' ��: �ELEC. ESMT PER m Y REC. NO. 2047470 1 m I M0) I LOT A L3 !In I -ON IH 0 SE COR SEC 7 s O_ ADDITIONAL w a RIGHT-OF-WAY I TIN, R68W, 6TH PM w i ACQUISITION N 1 m FOUND 2.5" ALUM CAP o 6 NOT ACCEPTED o is LOT B v0wiro vt 1. PARCEL OWNERSHIP IS BASED ON THE RECORDS c� ADDITIONAL )cr oRIGHT—OF—WAY w OF THE COUNTY ASSESSOR. z ACQUISITION ,n (/) 2.) ACCORDING TO COLORADO LAW, YOU MUST Iii I w COMMENCE ANY LEGAL ACTION BASED UPON ANY 10' UNION RURAL . z , ? DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER LECTRIC EASEMENT PER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT E EL TRIC REC. N 1616328 Li 3 MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. SE1/4 SEC. 7 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO T1 N, R68W, 6TH P.M. 13 SHOW THE LOCATION OF THE EASEMENT(S). IS 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND i-- VOID IF IT DOES NOT BEAR THE ORIGINAL SE COR SEC 7 o SIGNATURE AND SEAL OF THE PROFESSIONAL LAND -Fi , R68W, 6TH -o SURVEYOR OR IF ALTERED IN ANY WAY. FOUND 3.5 BRASS CAP z REVISED: 12yry/1�0'8ry�/ryV0ry6r' ryry INC. EXHIBIT MAP "A" 1 IIL D A* Y NC DRN. BY: A.R.S. FILE: WCR 3 WELD COUNTY ROAD 3 CHKD. BY: J•F-I- SHEET: 2 OF 2 ROBERT IHRIQ -cit 1780 S. Bellaire St., Ste. 230 DATE: 10/19/06 JOB I.R6102 SE1/4 SEC. 7, T1 N, R68W, 6TH P.M. Denver, CO 80222 TEL:(303)753-9799 FA%:(303)753-4044 SCALE: 1.'50. AREA: 6,419 SQ. FT. COUNTY OF WELD, STATE OF COLORADO -2,)9-/2z:S MEMORANDUM wineTO: Clerk to the Board DATE: 5/30/2007 COLORADO FROM: Leon Sievers, Right-cif--Way Agent SUBJECT: Consent Agenda Item Deed of Dedication with Robert H. Ihrig and Margaret H. Ihrig for improvements to WCRs 3 and 10.5. Enclosures M:\Francie\Agend-Leon.doc CJ' hY (7 m r c Cr m_ u-' cj O tn� 1J :zr m a -.7 N < O ��� //-C' Ce', PIA) fir 1p 136 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that ROBERT H. IHRIG AND MARGARET H. IHRIG,whose address is 4557 WCR 3, Erie, Colorado 80516,being all of the owners of certain property in Weld County,Colorado,which is described in the attached Exhibit "A", do(es) 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 attached or associated with the Right of Way. OWNER: ROBERT H. IHRIG AND MARGARET H. IHRIG R bert H. Ihrig H. Ihrig ,75 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /7 day of AMP , 20O7, by Robert H. Ihrig and Margaret H. Ihrig. • ii Witness my hand and official seal. `t ,..upp 4kz( Ito �a Oa RA @gt ''sue My commission expires: Z47/too to istn.9F 1 111111111111111111111 11111111111111111 III 11111 11111111 3482136 06/08/2007 03:31P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder X027—/ � 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 4th day of June , 20 07 . ATTEST: iaallt COUNTY OF WELD, A BODY CLERK TO THE BOARD OF�� '�� CORPORATE AND POLITIC OF THE COUNTY COMMISSION E L® STATE OF COLORADO THE COUNTY OF WEL In !tam n" B � �'4 I VO,41�3 x a,. its BY: y �, � 1 Depu Cler o the Boa David E. Long, Chair, B A OF COUNTY COMMISSIONER OF THE COUNTY OF WELD JUN 0 4 2007 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 4th day of June 20 07,by, David E. Long Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official se PRON � .kgh(' Notary Public — ST:.PUBLIC 9 SOF COQ-. My commission expires: My C nnmmmun En nIll 1443V lc 7n1' 1111111 IIIII 111111 IIII 11111111111111111 III 11111 IIII In 3482136 06/08/2007 03:31P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, AMENDED RECORDED EXEMPTION NO. 1467-07-4-AMRE-3814, 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 SAID SOUTHEAST QUARTER OF SECTION 7, ASSUMED TO BEAR NO3'07'09"W A DISTANCE OF 2729.85 FEET, FROM A 3.5" BRASS CAP FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 7, TO A 3" BRASS CAP FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 7; BEGINNING AT A POINT WHICH BEARS 545'38'45"W A DISTANCE OF 42.55 FEET FROM SAID EAST QUARTER CORNER OF SECTION 7; THENCE SOO'55'48"W A DISTANCE OF 554.38 FEET; THENCE N89'32'26"W A DISTANCE OF 10.00 FEET; THENCE NDO'55'49"E A DISTANCE OF 520.92 FEET; THENCE N44'18'17"W A DISTANCE OF 33.04 FEET; THENCE N89'32'23"W A DISTANCE OF 36.46 FEET; THENCE NOO'27'37"E A DISTANCE OF 10.00 FEET; THENCE 589'32'23"E A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID SOUTHEAST CORNER OF SECTION 7 BEARS 503'47'51"E A DISTANCE OF 2701.99 FEET; SAID PARCEL CONTAINS 6,419 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. CHRI IP'' P. A; P.L.S. 31158 TT ATE •FOR ; �?:WNW •r RECISION SURVEY & MAPPING, INC. w •• 3115: •4 W s44 7, CAI Q' MOM VIII IIIIII IHI I'llll "'I'I VIII III 'll11 IIII IIII 3482136 06/08/2007 03:31P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SHEET 1 OF 2 REVISED: 12/06/06 I EXHIBIT MAP "A" OT , ADDITIONAL--ft-I --*---1 BLOCK 1 RIGHT-OF-WAY I FO ACQUISITION PARK LAND ESTATES OWNER: CC FILED IN THE WELD COUNTY WOOLLEY FAMILY TRUST I (-) CLERK AND RECORDER'S OFFICE RECEPTION NO. 2444846 I I / ff 20' UTILITY & E1/4 COR SEC 7 DRAINAGE EASEMENT TtN, R68W, 6TH PM 1 - CS) FOUND 3" BRASS CAP WCR 10.5_ i- - BEGINNING LS '2 m r-- en I -J N L6 (3, In 20' UREA EASEMENT BK 885, REC. NO. 1807274 I ADDITIONAL RIGHT-OF-WAY Ii RIGHT-OF-WAY SW1/4 SEC. 8 ACQUISITION AREA I ACQUISITION T1N, R68W, 6TH P.M. 6.419 SQ. FT. ± PROPOSED I 10' TEMPORARY I CONSTRUCTION EASEMENT r> 0 N co d M C7 MO I I OWNER: -N X Lu I EUREKA LAND & CATTLE' COMPANY, LLC. W O ix w� I 3z LU w0 Ni- 0 oLLI o O NI EN I 0 LINE TABLE OE0_ TIJ 00I LINE BEARING DISTANCE w 0 ix Lsr ro I L1 545'38'45"W 42.55' wa I L2 S00'55'48'W 554.38' 0 L3 N89'32_'26'W 10.00' z m z L4 NOO'55'49"E 520.92' MUM_ Q w^ L5 N44'18'17'W 33.04' N LOT Bjr o_•a L6 N89'32'23'W 36.46' g3oa L7 NO0'27'37"E 10.00' 0.1 CC �45 m L8 S89'32'23"E 70.00' =0 10' UNION RURAL 'p • V ea er ELEC. ESMT PER I m ` REC. NO. 2047470- N I - =o v M m LOT A L3 _9 ` —ow ce o a m 0 SE COR SEC 7 -a�� E ADDITIONAL 3 I TIN, R68W, 6TH PM I_ w-+ RIGHT-OF-WAY 0 w�I ACQUISITION ^I m FOUND 2.5" ALUM CAP d 7. o ci Li NOT ACCEPTED =02.d". w C. LOTS N N C7 N ce a I < 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS _O O ADDITIONAL OF THE COUNTY ASSESSOR. RIGHT-OF-WAY kim O Iro ACQUISITION 2.) ACCORDING TO COLORADO LAW, YOU MUST N.O W I w COMMENCE ANY LEGAL ACTION BASED UPON ANY -CO z z DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 10' UNION RURAL flI TT N ELECTRIC EASEMENT PER w YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT _ 3 MAY ANY ACTION BASED UPON ANY DEFECT IN THIS BK. 694, REC. NO. 1616328-CT 0 SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFlCATION SHOWN CO Ci 0 HEREON. _ CC SE1/4 SEC. 7 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO Tito N, R68W, 6TH P.M. I₹ SHOW THE LOCATION OF THE EASEMENT(S). 03"Cr _, '0 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND 04... o VOID IF IT DOES NOT BEAR THE ORIGINAL SE COR SEC 7 SIGNATURE AND SEAL OF THE PROFESSIONAL LAND -_g., T1 N, R68W, 6TH PM in SURVEYOR OR IF ALTERED IN ANY WAY. FOUND 3.5" BRASS CAP z - EXHIBIT MAP "A" REVVIISEED_: 1222//�00�88/0066■��,yl��(yry� ,M1�6�I�Mry�q�y,� N / _IIILYFAUI JN11ll I,V�Il1�N II IV. ORn. BY: A.R.S. SHE: WCR 3 WELD COUNTY IF 3 -1_rY/I I CHAD. Br J.F.L. SHEER 2 OF 2 ROBERT IHRIf 1780 S. Bellaire 51.. 6U. 230 DATE:10/19(08 JOB/:R6102 SEI/4 SEC. 7, TIN, RBOW, 6TH P.M. Denver.ICO 00222 I'�50' 6.01 50.FT. 1Eb(b]J53-WB9 FAX:(b3p53-IOH SCALE: AREA: COUNTY OF WELD, STATE OF COLORADO Hello