HomeMy WebLinkAbout20071646.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 - H. INVESTMENTS COMPANY
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 H. Investments Company,210 University Boulevard,Suite 300B,
Denver, Colorado 80206, 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 H. Investments Company 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 11th day of June, A.D., 2007.
♦ "'� BOARD OF COUNTY COMMISSIONERS
7 %, EL OUNTY, C LO DO
or
ATTEST:
La
id E.E. Long, Chair
Weld County Clerk to the Bo /�1
eA /jy� � ' �� t~ �� � �r illiam erke, Pro-Tem
De ty Cle to the Board �/ a
Willia F. Garcia
APPRQVED AST ( \ALQ
Robert D. Masden
unty Attorney
g as demacher
Date of signature: (0/(1167
d 7
2007-1646
EG0056
00 le 1X.) �G /973.OL 7-as c�7
ceirtimp MEMORANDUM
' C. TO: Clerk to the Board DATE: 6/5/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Agreement for Concerning ROW for Certain Improvement to WCR 13 with H.Investments
Company.
Two duplicate original documents are attached. Upon execution,please send one original agreement
to Public Works.
The appropriate documentation is attached.
M:\Francie\Agend-Leon.doc
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A1Nfl03 013
2007-1646
344
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO s
WELD COUNTY ROAD 13 BETWEEN H. INVESTMENTS COMPANY, A COLORADO
LIMITED LIABILITY LIMTED PARTNERSHIP AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 25 day of May , 2007, by and between H.
Investments Company whose address is 210 University Blvd. STE 300B, Denver, CO 80206
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 THIRTY FIVE THOUSAND FIVE HUNDRED FORTY
TWO and 00/100 ($35,542.00) 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
HBO 11111 11111111111111111 III 1111111 III 11111 IIII IIII
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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. 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 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 $178.00 for temporary easements
referred as TE-18 South and TE-18 North described in attached "Exhibit B".
1111111 111011111111111111111 III 1111111 III 11111 IIII IIII
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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: H. Investments Company, a Colorado Limited Liability Limited Partnership
By: i.,-Z- 1 Date: May 25, 2007
artin T. Hart, Manager
,,
ATTEST: BOARD OF COUNTY COMMISSIONERS
�� OF WELD COUNTY, STATE OF
'
c `':rteIF r7 OLORADO
Weld County Clerk to the Board( ‘0;*---7:A"
1 u
By. �ti 1 Vail I1 ,_ ; Y:
D ty C�l �C to the Boar David E. Long, Chai
N 1 1 2007
1 111111 11111 111111 1111111111 I I1111111 I III 11111 I I I I III I
3485344 06/22/2007 01:51P Weld County, CO
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0?te /e,76
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
29, 1992 as Reception No. 02316188 of the records of the Weld County Clerk and
Recorder (WCCR), located in the Northwest Quarter (NWI/4) of Section Seven (7),
Township One North (T.IN.), 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) comer of said Section 7 and assuming the
West line of said NW1/4 as bearing North 00°02'33" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a
distance of 2656.80 feet with all other bearings contained herein relative thereto:
THENCE South 89°47'58" East along the South line of said NW1/4 a distance of 30.00
feet to the East 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;
The following Two (2) courses and distances are along said East ROW line:
THENCE North 00°00'53" East a distance of 0.09 feet;
THENCE North 00°02'33" East a distance of 1531.44 feet to the Southerly line of that
parcel of land described in that Quit-Claim Deed (QCD) recorded January 28, 1910 in
Book 314 at Page 431 of the records of the WCCR, said point being the beginning point
of a curve, said curve being non-tangent to aforesaid line;
The following 2 courses and distances are along said Southerly line:
THENCE along the arc of a curve which is concave to the Southeast a distance of 9.84
feet, said curve having a radius of 155.00 feet, a central angle of 03°38'14" and a long
chord bearing North 63°20'12" East a distance of 9.84 feet to a Point of Reverse
Curvature (PRC);
THENCE along the arc of a curve which is concave to the Northwest a distance of 28.94
feet, said curve having a radius of 173.29 feet, a central angle of 09°34'02" and a long
chord bearing North 60°22'18" East a distance of 28.90 feet to the beginning point of a
curve, said curve being non-tangent to aforesaid curve;
1111111 111111 III 1111111 III CO 11111111 °���� `
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(2 of 3)
THENCE along the arc of a curve which is concave to the East a distance of 12.82 feet,
said curve having a radius of 1445.00 feet, a central angle of 00°30'30" and a long chord
bearing South 04°25'23" East a distance of 12.82 feet to a Point of Tangency (PT);
THENCE South 04°40'38" East a distance of 240.55 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the West a distance of 128.92 feet,
said curve having a radius of 1565.00 feet, a central angle of 04°43'11" and a long chord
bearing South 02°19'02" East a distance of 128.88 feet to a PT, said point lying on a line
being Sixty (60) feet, as measured at a right angle, East of and parallel with said East
ROW;
THENCE South 00°02'33" West along said line being 60 feet East of and parallel with
said East ROW a distance of 1168.94 feet;
THENCE South 00°00'53" West a distance of 0.19 feet to the South line of said NW1/4;
THENCE North 89°47'58" West along said South line a distance of 60.00 feet to the
POINT OF BEGINNING.
Said parcel contains 2.031 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.
•
•! r _ .
34t.5 -1
StevenM� ;' ehalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2004295 MUM 11111 11111111111111 III 1111111 III 11111 IIII IIII
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•
RIGHT-OF-WAY H INVESTMENT COMPANY
NWY4 SEC. 7, T.1N., R.67W.
c
NORTHWEST CORNER (3 of 3)
SEC. 7, T.1N., R.67W.
NOTE: This exhibit drawing is not intended /
to be a monumented land survey. It's NV'
CANAL 74z-1p
cam..' /
representation solose lstosaid 9nathecvisualization Aka.Sr'
�Tio Poe /
of thewritten property description which G�' C3 \�4p\ PgNj,RNd
it accompanies. The written property C+
description supersedes the exhibit drawing. DASHED LINES INDICATE
APPROXIMATE PROPERTY BOUNDARY
r
zawctivo 4KZAO$ LW OA WERE IS AN EASEMENT TO WE AMER/CAN TELEPHONE
RAIL: NO 32BdK44 !' 375 I AND TELEGRAPH COMPANY FOR TELEPHONE AND
TELEGRAPH LINES IN SEC. 7 T./N., R.6711( DEED STATES
77-/AT "CENTERLINE OF POLE LINE TO BE MAINTAINED
- 1YTW/N WE LIMITS OF WE H/0//WAY c@' NOT MORE WAN
ONE FULL GUYEDH'F/XiURE AMC BE CONSJRUC7ED
b ALONG SAID PROPERTY. (», B909 P46)
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LINE BEARING LENGTH U
60' RIGHT-OF-WAY PER 8
ACCEPTED ROAD VIEWER'S REPORT Z L1 S89'47'58"E 30.00'
DATED 4-17-1884 65 L2 NOO'00'53"E 0.09' Qa' a Ncn co m
RECORDED 4-18-1884 B48 P109 z I L3 504'40'38"E 240.55' x mad _Ni N
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POINT OF BEGINNING L2 Steven : • m,�E1 ," alf of King Surveyors, Inc.
Colorado ' rofessional
WEST QUARTER CORNER Land Surveyor #34995
SEC. 7, T.1N., R.67W. 7L4 CENTER QUARTER CORNER
POINT OF COMMENCEMENT SEC. 7, T.1N., R.67W.
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KING SURVEYORS, INC. PROJECT NO:2004295
n DATE: 02/13/2007
CLIENT:FH
11 1111IIIII11111111111IIIIII III111111I III IIIII IIII IIII DWG:ROW U
18-H INVESTMENT CO
3485344 06/22/2007 01:51P Weld County, CO DRAWN: MCD CHECKED: SAL
_
6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"B"
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 29, 1992 as Reception
No. 02316188 of the records of the Weld County Clerk and Recorder (WCCR), located in the
Northwest Quarter (NW1/4) of Section Seven (7), 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:
South Easement
COMMENCING at the West Quarter (W114) corner of said Section 7 and assuming the West
line of said NW1/4 as bearing North 00°02'33" East, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.80
feet with all other bearings contained herein relative thereto: •
THENCE South 89°47'58" East along the South line of said NW1/4 a distance of 90.00 feet;
THENCE North 00°00'53"East a distance of 0.19 feet;
THENCE North 00°02'33" East along a line being Ninety (90) feet, as measured at a right angle,
East of and parallel with said West line a distance of 646.65 feet to the POINT OF
BEGINNING;
THENCE continuing North 00°02'33" East along said line being 90 feet East of and parallel with
said West line a distance of 55.00 feet, said point hereinafter referred to as Point "A;"
THENCE South 89°57'27" East a distance of 75.00 feet;
THENCE South 00°02'33" West a distance of 55.00 feet;
THENCE North 89°57'27" West a distance of 75.00 feet to the POINT OF BEGINNING.
Said parcel contains 4,125 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.
North Easement
COMMENCING at said Point"A;"
THENCE North 00°02'33" East along said line being 90 feet East of and parallel with said West
line a distance of 467.30 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the West a distance of 128.92 feet, said
curve having a radius of 1565.00 feet, a central angle of 04°43'11" and a long chord bearing
North 02°19'02" West a distance of 128.88 feet to a Point of Tangency (PT);
THENCE North 04°40'38" West a distance of 231.40 feet to the POINT OF BEGINNING;
Y
11111111IIII1111111IIII111111111111111111111111IIII IIII devi A 1/4- c
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(2 of 3)
THENCE continuing North 04°40'38" West a distance of 9.15 feet to a PC;
THENCE along the arc of a curve which is concave to the East a distance of 12.82 feet, said
curve having a radius of 1445.00 feet, a central angle of 00°30'30" and a long chord bearing
North 04°25'23" West a distance of 12.82 feet to the Southerly line of that parcel of land
described in that Quit-Claim Deed (QCD) recorded January 28, 1910 in Book 314 at Page 431 of
the records of the WCCR, said point being the beginning point of a curve, said curve being non-
tangent to aforesaid curve;
THENCE along said Southerly line also being along the arc of a curve which is concave to the
Northwest a distance of 14.27 feet, said curve having a radius of 173.29 feet, a central angle of
04°43'09" and a long chord bearing North 53°13'43" East a distance of 14.27 feet to the
beginning point of a curve, said curve being non-tangent to aforesaid curve;
THENCE along the arc of a curve which is concave to the East a distance of 20.40 feet, said
curve having a radius of 1433.00 feet, a central angle of 00°48'56" and a long chord bearing
South 04°16'10" East a distance of 20.40 feet to a PT;
THENCE South 04°40'38" East a distance of 9.15 feet;
THENCE South 85°19'22" West a distance of 12.00 feet to the POINT OF BEGINNING.
Said parcel contains 308 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.
34 5 fir OO-1
•
Steven `{Dfr Waif of King Surveyors, Inc.
Colorado Reg MeffWrofessional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2004295 MID 11111 111111111111111 III 1111111 III 11111 IIII IIII
3485344 06/22/2007 01:51P Weld County, CO
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TEMPORARY CONSTRUCTION H INVESTMENT COMPANY
EASEMENT 1 NWY4 SEC. 7, TAN., R.67W.
NORTHWEST CORNER �—
SEC. 7, TAN., R.67W. (3 of 3) /
NOTE: This exhibit drawing is not intended .d'
to be a monumented land survey. It's eULycfN� T'5'A'.c.f. �� /as a representationsole purpose sto aid in thecvisualization e.ka,97AN YDJT l �N yoA / Z
of the written property description which 3 4 �R�iyp\ 2344,-�D
it accompanies. The written property C 30 sq.ft. _
description supersedes the exhibit drawing.4� I L10 L9 DASHED LINES INDICATE
L4fi$ I—LC APPROXIMATE PROPERTY BOUNDARY
RFC AiOt . 44 eft 318&645
POINT OF BEG NNING I THERE/S AN EASEMENT TO THE AMER/CAN TEZEPHONE
NORTH EASEMENT i AND TELEGRAPH COMPANY FOR TELEPHONE AND
I TELEGRAPH LINES/N SEC. 7, FM, R.5714( DEED STATES
I THAT CENTERL/NE OF POLE LINE TO BE MA/NTA/NED
‘Ni I t ONEH177'/FU GUYED H'FIXTURE HILL BE CONSTRUCTED AN
o CISI I 9, ALONG SA/D PROPERTY. so1,, 8909 P46,)
as
Lai-ALT): I ^ 71- H iivivissimiuknr COMPANY
nuYAN S. BUCK n' N I RFC ma '6188
REC. N0. 02111779 I �1
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M I TN l I -r9) CURVE TABLE
P I CURVE LENGTH RADIUS DELTA CHORD CH BEARING
60' RIGHT-OF-WAY PER 8 I a C1 128.92' 1565.00' 04'43'11" 128.88' NO2'19'02"W
ACCEPTED ROAD VIEWER'S REPORT Z I C2 12.82' 1445.00' 00'30'30" 12.82' N04'25'23"W
DATED 4-17-1884 0 w C3 14.27' 173.29' 04'43'09" 14.27' N53'13'43"E
RECORDED 4-18-1884 B48 P109 z n C4 20.40' 1433.00' 00'48'56" 20.40' 504'16'10"E
/ a I IN POINT "A" LINE TABLE
Net 14.57-12-I-RH270 m z NORTH O ASEM NTNCEMENT LINE BEARING LENGTH
R6C lBrOt 18$K71 0 L1
589'47'58"E 90.00'
to L2 NO0'00'53"E 0.19'
LOT B
REAL COMPANY LLC Q I I 1. L4 L3 N00'02'33"E 55.00'
REC. No. 296174J m L4 589.57'27"E 75.00•
J LO-I 4,125 sq.ft. L5 500'02'33"W 55.00'
L6 L6 N89'57'27"W 75.00'
pt2pLAEL At e I L7 N04'40'38"W 231.40'
BL342Y L SUDYIC4 POINT OF BEGINNING L8 N04'40'38"W 9.15'
ABC Pant 02037772 SOUTH EASEMENT
I L9 504'40'38"E 9.15'
L10 585'19'22"w 12.00'
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o 34995 2.0O-I
Stev ehalf of King Surveyors, Inc.
WEST QUARTER CORNER I Colora rofessional
SEC. 7, T.1N., R.67W. Land Surveyor 34995
POINT OF COMMENCEMENT CENTER QUARTER CORNER
SOUTH EASEMENT I,�L2 SEC. 7, T.iN., R.67W.
L1
4�� ICING SURVEYORS, INC. PROJECT NO:2004295
DATE: 02/13/2007
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CLIENT:FHU
1 111111 11111 MEI 11111111111 III 1111111 III 11111 IIII IIII E-1
DWG:TCE-18-H INVESTMENT CO
3485344 06/22/2007 01:51P Weld County, CO DRAWN: MCD CHECKED: SAL
— 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
0
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that H INVESTMENT COMPANY, A
COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, 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 pans 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 any and shall also retain any and all water rights currently attached
or associated with the Right of Way.
MAIMN T. MANAGER OF H INVESTMENT COMPANY, A COLORADO
LIMITED LIABILITY LIMITED PARTNERSHIP
State of Colorado)
) ss:
County of Denver )
The foregoing instrument was acknowledged before me this day of July 2007 by:
Martin T. Hart, Manager of H Investment Company, a Colorado Limited Liability
Limited Partnership
Wit official seal.
taffy n:114km—
NJi: °UBLIC
M mission,
sion, March 31, 2009
n
M911fmf11h
111111
3498659 08/21/2007 03:38P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
e,' sos
g/4/o7 Zoo l 1 tcyV
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 \ day of August, 2007.
ATTEST: I� i'�% COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF t ' - 4 \COPRORATE AND POLITIC OF
COUNTY COMMISSIONER I ;�� . HE STATE OF COLORADO
OF - •E COUNTY OFWELeIrrst -4_452
BY: 4l4�,� Vim"' k°); (iRS
��y
Depiy Cle to the Boa a ‘tic _an David E. Long, Chair
BOARD OF COUNTY
COMMISSIONERS OF T E
OF THE COUNTY OF WELD
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this I day of
August, 2007 by David E. Long, Chair, Board of County Commissioners of the County
of Weld.
Witness my hand and offici 1 seal. :�t:P''''f�,b'',
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Notary Publi
v .,coi o ..:
My commission expires: My Commission aw April 10,2008
1 1111111111111111111111111111III 1111111 III1111111I11111
3498659 08/21/2007 03:38P Weld County, CO
2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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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
29, 1992 as Reception No. 02316188 of the records of the Weld County Clerk and
Recorder (WCCR), located in the Northwest Quarter (NW1/4) of Section Seven (7),
Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal
Meridian (61h 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 7 and assuming the
West line of said NW 1/4 as bearing North 00°02'33" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a
distance of 2656.80 feet with all other bearings contained herein relative thereto:
THENCE South 89°47'58" East along the South line of said NW1/4 a distance of 30.00
feet to the East 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;
The following Two (2) courses and distances are along said East ROW line:
THENCE North 00°00'53" East a distance of 0.09 feet;
THENCE North 00°02'33" East a distance of 1531.44 feet to the Southerly line of that
parcel of land described in that Quit-Claim Deed (QCD) recorded January 28, 1910 in
Book 314 at Page 431 of the records of the WCCR, said point being the beginning point
of a curve, said curve being non-tangent to aforesaid line;
The following 2 courses and distances are along said Southerly line:
THENCE along the arc of a curve which is concave to the Southeast a distance of 9.84
feet, said curve having a radius of 155.00 feet, a central angle of 03°38'14" and a long
chord bearing North 63°20'12" East a distance of 9.84 feet to a Point of Reverse
Curvature (PRC);
THENCE along the arc of a curve which is concave to the Northwest a distance of 28.94
feet, said curve having a radius of 173.29 feet, a central angle of 09°34'02" and a long
chord bearing North 60°22'18" East a distance of 28.90 feet to the beginning point of a
curve, said curve being non-tangent to aforesaid curve;
„0O REGiinp
11111111111111111 11111 1111111111111111 111111111111 1111 s ~ 34995 ti
3485344 06/22/2007 01:51P Weld County, CO kg —1
4 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ,'!
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M. 3498659 O8/21/2OO7033 ount 1111
�a 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(2 of 3)
THENCE along the arc of a curve which is concave to the East a distance of 12.82 feet,
said curve having a radius of 1445.00 feet, a central angle of 00°30'30" and a long chord
bearing South 04°25'23" East a distance of 12.82 feet to a Point of Tangency (PT);
THENCE South 04°40'38" East a distance of 240.55 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the West a distance of 128.92 feet,
said curve having a radius of 1565.00 feet, a central angle of 04°43'11" and a long chord
bearing South 02°19'02" East a distance of 128.88 feet to a PT, said point lying on a line
being Sixty (60) feet, as measured at a right angle, East of and parallel with said East
ROW;
THENCE South 00°02'33" West along said line being 60 feet East of and parallel with
said East ROW a distance of 1168.94 feet;
THENCE South 00°00'53" West a distance of 0.19 feet to the South line of said NW1/4;
THENCE North 89°47'58" West along said South line a distance of 60.00 feet to the
POINT OF BEGINNING.
Said parcel contains 2.031 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.
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Steven ehalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550 ALUM
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(970) 686-5011
JN: 2004295 3485344 06/22/2007 01:51P Weld County, CO
5 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
I IIIIII IIIII IIIIII IIIIII IIIII III IIIIIII III IIIII IIII IIII
3498659 08/21/2007 03:38P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
H INVESTMENT COMPANY
RIGHT—OF—WAY NWY4 SEC. 7, T.1N., R.67W.
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NORTHWEST CORNER (3 of 3) //
SEC. 7, T.1N., R.67W. (3
NOTE: This exhibit drawing is not intended / /
to be a monumented land survey. It's BULL
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sole purpose is as a graphic 6U yD�/6N Zety,9T� sgp A ------
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representation to aid in the visualization \��yPr-.::__,o•H,����J�-LVp
of the written property description which G G C3 /
it accompanies. The written property
description supersedes the exhibit drawing. DASHED LINES INDICATE
APPROXIMATE PROPERTY BOUNDARY
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RBC NO 3281M414 6` 32&9545 AND TELEGRAPH COMPANY FOR TELEPHONE AND
TELEGRAPH LINES/N SEC. Z TM, R.678' DEED STATES
THAT CENTERLINE OF POLE LINE TO BE MAINTAINED
_ BITHIN THE LIMITS OF THE H/6"1/WAY & NOT MORE THAN
°�1 ONE FULL GUYED 7/"FIXTURE BILL BE CONSTRUCTED
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L2 I Steven tei ' cif of King Surveyors, Inc.
POINT OF BEGINNING Colorado ` � 'rofessional
WEST QUARTER CORNER Land Surveyor s #34995
SEC. 7, T.1N., R.67W. L4 CENTER QUARTER CORNER
__POINT OF COMMENCEMENT I Lt L5/ 11111111111111111111111111111III 1111111 III11111 IIII 1111
KING SURV YORs) INC 5 o
4f659 5 R 0.00 2007 3 County,
D 0.00 Steve Moreno Clerk& Recorder
T 1 HIV 11111 11111111111111111 III 1111111111 11111 Ellin' CLIENT:F U,8 H INVESTMENT CO
, 3485344 06/22/2007 01:51P Weld County, CO DRAWN: MCD CHECKED: SAL
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III Mill III 1 111111111111111111 I III
REAL PROPERTY TRANSFER DECLARATION
GENERAL INFORMATION (TD-I000)
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.S.).
REQUIREMENTS: ALL conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder
for recordation 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)(b),
C.R.S.
CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the
buyer. However, it is only available to the seller if the seller 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), C.R.S.
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1.. ` V.... Address and/or legal description of the real property sold: (Please do not use P.O. box numbers)
VACANT LAND DACONO
2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium ❑ Multi-Unit Res
Commercial ❑ Industrial ❑ Agricultural ❑ Mixed Use X Vacant Land ❑ Other
3. Date of closing: August 01, 2007 Contract date: May 25, 2007
4. Total Sales Price: including all real and personal property. $35,542.00
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
Earchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
J Yes ❑x 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 ] No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ❑x No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
]0 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
e rsons within the same family, business affiliates, or affiliated corporations.
P] Yes ] No
9. Check any of the following that apply to the condition of the im rovements at the time of purchase.
:] New E] Excellent ❑ Good E] Average E] Fair 6 Poor ❑ Salvage.
If the property is financed, please complete the following.
10. Total amount financed. $
11. T pe of financing: (Check all that apply)
New ❑ Assumed ❑ Seller ❑ Third Party
Combination; Explain
12. Terms: P Variable; Starting interest rate
I], Fixed; Interest rate
Length of time years
Balloon payment ❑ Yes Li 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, townhomes, 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 ❑X No
If yes, franchise or license fee value? $
15. Did the purchase price involve an installment land contract? ❑ Yes ❑l( No
If yes, date of contract
16. If this was a vacant Land sale, was an on-site inspection of the property conducted by the buyer prior to the
closing? ❑X Yes ❑ No
Remarks: Please include any additional information concerning the sale you may feel is important.
17. Sig -d this day of Au ust 01, 2007 . Please designate buyer or seller.
/'� Mailing Address
Signature ////''''����of Grantee (Buyer) or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC
915 10TH ST. GREELEY, CO 80631
Daytime Phone
Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25076055 (5232677)
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