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Home My WebLink About20062630.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - PFL LAND HOLDINGS, 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 Weld County Road 74 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 PFL Land Holdings, LLC, 9672 Weld County Road 74, Windsor, Colorado 80550, 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 Road 74 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 PFL Land Holdings, 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 20th day of September, A.D., 2006. � � BOARD OF COUNTY COMMISSIONERS ELD CO Y, COLORADO ATTEST: j,;L / J4 J i=ile, Chair •a+�` Weld ounty Clerk to thecjity �� David E. Long, Pro-Tem BY: Depu Clerk t.• the Board M-171 V A-2 Willi H. Jerke n AP ED AS : lN �i Robert D. Masden< ounty A t ney EXCUSED Glenn Vaad Date of signature: 912--7 2006-2630 C `W 'L 4 ° EO0054 2 2 %D- /6- O6 ie• H• te ceMEMORANDUM TO: Clerk to the Board DATE: 9/18/2006 COLORADO FROM: Frank B. Hempen, Jr., P. E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 74 with PFL Land Holdings, LLC The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc 2006-2630 6O AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 74 BETWEEN PFL LAND HOLDINGS, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this �/-�/%'� day of��7Pfinr1)7r'1; 2006, by and between PFL Land Holdings, LLC whose address is 9672 Weld County Road 74 Windsor, CO 80550 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 74, and WHEREAS, Owner owns the property described in the attached Exhibits "A" & "B" 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: L Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described in Exhibits"A"&"B", attached hereto and hereinafter referred to herein as the "Right-of-Way"for the sum of SEVENTY FOUR THOUSAND SIX HUNDRED TEN and 00/100 ($74,610.00) 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 1 Mill 1111 MEI11111111111111III 901IIII 3425640 10/06/2006 12:52P Weld ounty, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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 2006 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County agrees to compensate the Owner the sum of TWENTY ONE THOUSAND THREE HUNDRED NINETY and 00/100 ($21,390.00 Rd.) dollars for cost to cure - Restoration costs to install new fencing,$8,820. (4,200 linear feet of barbed wire fencing @$2.10/ft.)and a new septic and leach field system-$12,000+$547.00 for non-defined temporary easement area for reconstruction of new septic and leach field system..Owner has the right to remove existing fence within the new right of way with the understanding that removal must be completed before the start of construction. If the fence is not removed prior to the start of construction, County will remove existing fence during construction of the roadway project. 111111111111 �IIII 11111111111 IEEE 3425640 10/06/2006 12:52P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 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: PFL Land Holdings, LLC, A Colorado Limited Liability Company By: vi--- _a-scce- �„.cse Date: 9 — 0 O ATTEST: BOARD OF COUNTY COMMISSIONERS ! I . / /� I WELD COUNTY, STATE OF I, ORADO Weld County Clerk to the Boar" tit 452 ad it r By: C\clutt/4A , it •� 1 ?1 BY: De y Clerk Pp the Board 4GG M.J. Geile, Chair SEP 2 0 2006 11111111111111111III!!!1111111111111111III11111IIII1111 3 of 3425640 8 R I 0.00 2006 D 0.00 2:52P Weld Cunty, CO Steve Morenoo Clerk& Recorder 3 O7 tee,-ac's-30 DEED DESCRIPTION PARCEL 1 SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT BARGAIN AND SALE DEED RECORDED JULY 23,2001 AT RECEPTION NO.2867970 IN THE RECORDS OF WELD COUNTY,SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 3,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, THENCE S 00°43'51"E,ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 3,30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AS DEFINED BY COMMISSIONER'S ACTION RECORDED JULY 19, 1881 IN BOOK 3 AT PAGE 8,ALSO BEING THE POINT OF BEGINNING; THENCE N 89°15'57"E,ALONG SAID SOUTH RIGHT-OF-WAY LINE,704.22 FEET; THENCE S 00°44'03"E,40.00 FEET TO A POINT 70.00 FEET AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE S 89°15'57"W,PARALLEL WITH SAID NORTH LINE,617.68 FEET TO A POINT OF TANGENT CURVE; THENCE SOUTHWESTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 1730.00 FEET AND A CENTRAL ANGLE OF 20°53'14",630.67 FEET; THENCE S 68°22'43"W, 1588.62 FEET TO A POINT OF TANGENT CURVE; THENCE SOUTHWESTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 1270.00 FEET AND A CENTRAL ANGLE OF 20°30'36",454.62 FEET; THENCE S 88°53'19"W, 115.12 FEET TO A POINT 55.00 FEET AS MEASURED AT RIGHT ANGLES, EASTERLY FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S 01°06'41"E,PARALLEL WITH SAID WEST LINE,200.00 FEET; THENCE S 02°52'28"W,359.66 FEET TO A POINT ON THE EAST LINE OF WELD COUNTY ROAD 19 AS DEFINED BY COMMISSIONER'S ACTION RECORDED OCTOBER 14, 1889 IN BOOK 86,PAGE 273 IN THE RECORDS OF THE COUNTY OF WELD BEING 30.00 EAST OF SAID WEST LINE,WHENCE THE WEST QUARTER CORNER OR SECTION 3 BEARS S 00°19'04"W, 1202.98 FEET; THENCE N 01°06'41"W,ALONG SAID EAST LINE,633.65 FEET; THENCE N 84°18'49"E, 179.52 FEET TO A POINT OF NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS N 04°4228"W; 1 1111111111111111 111111 11111 IIII 1111111 III 11111 IIII IIII 3425640 10/06/2006 12:52P Weld County, CO 4 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DEED DESCRIPTION PARCEL 1 SHEET 2 OF 3 THENCE NORTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 630.00 FEET AND A CENTRAL ANGLE OF 05°26'00", 59.74 FEET THENCE N 79°51'32" E,259.16 FEET TO A POINT OF TANGENT CURVE; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 2255.00 FEET AND A CENTRAL ANGLE OF 11°36'13",456.69 FEET; THENCE N 68°15'19"E, 1433.39 FEET TO A POINT OF TANGENT CURVE; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 21°01'01", 172.40 FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE BEING 30.00 FEET SOUTH OF SAID NORTH LINE; THENCE N 89°16'20" E,ALONG SAID SOUTH RIGHT-OF-WAY LINE, 159.08 FEET TO THE POINT OF BEGINNING; CONTAINING 184,399 SQUARE FEET OR 4.2332 ACRES,MORE OR LESS. I, STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25, 2006. REVISED 5/26/06 untl III ll\Il 1111\I!1st\\II\II\II co II\l\Ill�l llll\II\\Ill\410 QI002000veMorenoClerk&R L EXHIBIT MAP A I EXISTING 60' RIGHT OF WAY UNE- wi NORTH LINE N.W. 1/4, PER R.O.W. COMMISSIONERS ACTION NORTH LINE N.E. 1/4, c3 • SEC. 3, 7.611, RIM— RECORDED JULY 19, 1881. SEC. 3, T.BN., RAM.— ill; N89-16'20'E 2634.53' BOOK 3, PAGE 8 N69-15'57'E 2633.91' I d e.11-36'13' Aa21-01'01' Is, Rs2255.00' R=470.0O' P.O.C µ„ E L=456.61' Lai 72.40'” CH8417 03'26'E CIIBWN70-45'50'E elnO'E 1169-15'57'E o W.C.R. 74CIRs455.91' 1 OMB— CNLs171.44' - 159.00 704.22' �/�C '2, WIN RESERVOIR & CANAL COMPANY- --- Le : 1"53114 +� 617.66' l s39.7414! �, NORTH t 4 CORNER, SEC. 3 CH9WI62-34'32'E ....... 62. 8.1730 00' T. 8 N., R. 67 W., a,1 CHLa59.72' X67. RID. 2-1/2" ALUM. CAP IN I R 1'32'E ��1 ' ,AS ( �, $$ RANGE BOX, PLS /5028 GS-7--we '1� ' PARCEL I x+'627.19' I P.O.B. N.E. CORNER, SEC. 3,- SgCt -I �� 184,399 SO.Ff.7 I T. 6 N., R. 67 W., 4.2332 ACRES, FND. 2-1/2' ALUM. CAP IN " - I f As20.30'W 60' PogIT-OF-WAY BY RANGE BOX, PLS /12374 55' '19'1Y Rs1270.00' PRESCRIPTIVE RIGHTS la 115.12' CHBs578 38'01'1N Iq. 1-0041"E ablaut PR. LAND HOLDINGS LLC g200r 00' (REC. NO. 2887970) mmil- o net = o '1-06'41'W im it, 633.65' a L/C4 c-a Y 4 rn • CHANGE IN COURSE ONLY I &A./CO A. D •'•eta — c- ; _ .I. o U z 4. I 120198�V P.O.C. POINT OF COMMENCEMENT 24949 �9 d 2 - ›..i P.O.B. POINT OF BEGINNING a, o wi:' `ai I 60' MG4T-CF-WAY '.•.CCMMISSONER'S ACTION�� d bl s ( OCTOBER 1699 X 41 LAIp _ BOOK 86, PAGE 273) — elfN am N T O o o o WST E 1/4 CORNER, SEC. 3, w R 87 W., 0 END.FND. /B 8 MBAR W/3-1/4' NOTE I rj 0 0 ALUM. CAP. PLS /22098 im o o THIS MAP DOES NOT REPRESENT A 300 0 600 —wm.o°C MONUMENTED SURVEY. IT IS INTENDED -?o ONLY TO DEPICT THE ATTACHEDIIIII CN o DESCRIPTION. SCALE: 1" = 600' II 0,to Farnsworth ( WELD COUNTY PUBLIC WORKS DEPARTMENT :roject No:304078.01' 1111 H STREET, P.O. BOX 758, GREELEY, CO rra��r yXby. TAM I GROUP 01 feed: SAD ITUATED IN SECTION 3, TOWNSHIP 6 NORTH, ate: 01/25/0618055 EAST TUFTS AVENUE, S ITE ,.- DENVER, COLORADO 80237 �t 67 WEST OF THE 6TH PRINCIPAL MERIDI pv(sed: 5/26/06{ (303) 692-8838 / (303) 692 0470 FOUNTY OF WELD, STATE OF COLORADO I 3 OF 3 DEED DESCRIPTION PARCEL 1B SHEET 1 OF 2 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT BARGAIN AND SALE DEED RECORDED JULY 23,2001 AT RECEPTION NO.2867969 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:BEARINGS ARE BASED UPON NAD 83/92, COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, THENCE S 89°16'20"W,ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER,547.00 FEET TO THE NORTHWEST CORNER OF SAID BARGAIN AND SALE DEED; THENCE S 17°46'20"W,ALONG THE WEST LINE OF SAID BARGAIN AND SALE DEED,48.83 FEET TO A POINT ON A NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS S 2I°02'34"E, ALSO BEING THE POINT OF BEGINNING; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1870.00 FEET AND A CENTRAL ANGLE OF 01°29'31",48.69 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AS DEFINED BY COMMISSIONER'S ACTION RECORDED JULY 19, 1881 IN BOOK 3 AT PAGE 8,ALSO BEING 30.00 FEET AS MEASURED AT RIGHT ANGLES,SOUTHERLY FROM SAID NORTH LINE; THENCE N 89°16'20"E,ALONG SAID SOUTH RIGHT-OF-WAY LINE, 103.06 FEET; THENCE S 68°15'19"W, 176.38 FEET TO THE WESTERLY LINE OF SAID BARGAIN AND SALE DEED; THENCE N 17°46'20"E,ALONG SAID WESTERLY LINE,49.51 FEET TO THE POINT OF BEGINNING. CONTAINING 4,214 SQUARE FEET OR 0.0967 ACRES,MORE OR LESS. I,STEVEN A.DYNES, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A. DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. \iiiiilliimiii\milliiiiik\a\ \iiirid rl 3425640 1010612006 of 8 R 0.00 0.00 Steve Moreno Clerk EXHIBIT MAP A I NORTH 1/4 CORNER, SEC. 3, T. 6 N., R. 67 W.,- DID. 2-1/2' ALUM. CAP IN RANGE BOX, PLS /5028 r RID. /6 REBAR W/3-1/4' EXISTING 60' RIGHT OF WAY UNE ALUM. CAP, PLS /22098 PER R.O.W. COMMISSIONERS ACTION (558.50' WITNESS CORNER) RECORDED JULY 19, 1881, P,O.C.\ BOOK 3, PAGE 8 NORTHWEST CORNER, SEC. 3, T. 6 N., R. 67 W., S891•' ', 547.00' 2634.53' NORTH UNE, SEC. 3, T. 6 N., R. 67 W., A=01-29'31" R=1870.00' M L=48.69' I N89-16'20'E 103.06' CHB=N69-42'12'1 CHL=48.69' / P.O.B. PARCEL 1B ,.. ro u' 4,214 SIFT' .I `3 0.0967 ACRES/ `&• Q� • N / Wa rr �c� .. 116' o Q, `� , °C� scaX5'.94 a =wiz �4r OMB PFL LAND HOLDINGS LLC a 0 ca �'' ` Y (REC. NO. 2867969) ��0 CC M �Uojj 10 �• a ik ° aU C `I'N SC, la g a d zN 15 0 30 llommlO� UCFN �c.1 WEST 1/4 CORNER, SEC. 3, SCALE: 1" = 30' CrAt:41 A. by• 'T�0 �� T. 6 N., R. 67 W., .h f•• a-0 0 DID. /6 REBAR W/3-1/4' 24949 a N ALUM. CAP, PLS X22098 �co 0 •NOTE • CHANGE IN COURSE ONLY ,. am 0 0 / '•• CCCC '"' a tc THIS MAP DOES NOT REPRESENT A P.O.C. POINT OF COMMENCEMENT ( LA° a 0 MONUMENTED SURVEY. IT IS INTENDED —v 0 ONLY TO DEPICT THE ATTACHED P.O.B. POINT OF BEGINNING ain cal c DESCRIPTION. a co m fl Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT � by:ao4078.01 1111 H STREET, P.O. BOX 758, GREELEY, CO d: TAM s SAD GROUP Q��TUATED IN SECTION 3, TOWNSHIP 6 NORTH, Date: 01/25/06 8055 EAST TUFTS AVENUE, SUITE GE 67 WEST OF THE 6TH PRINCIPAL MERIDI vised: I DENVER, COLORADO 80237 0470 F&OUNTY OF WELD, STATE OF COLORADO 2 OF 2(303) 692-8838 / (303) 692- 471 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that PFL LAND HOLDINGS, 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 any and shall also retain any and all water rights currently attached or associated with the Right of Way. J � S ie Florence O. Lind, Manager/Member of PFL LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY State of Colorado) ) ss: County of Weld ) The foregoing instrument was acknowledged before me this 5th day of October, 2006 by: Florence O. Lind, Manager/Member of PFL LAND HOLDINGS, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. �� r-pRY PO `h ....... .....:ee „ 1 L�i , ;. �:: Notary Public MELINDA i Ir GUALANDRI My commission expires: \o (l' 6Q% rl ': e:'o,� '0' It14‘4F CO` My Commission pins: IIIIiI 11111 IIIII 1111111 III IIIII 1111111 III (IIII IIII II 3430471 10/27/2006 01:19P Weld County, CO 1 of 7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder DEED DESCRIPTION PARCEL 1B SHEET 1 OF 2 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT BARGAIN AND SALE DEED RECORDED JULY 23,2001 AT RECEPTION NO.2867969 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, THENCE S 89°16'20" W,ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 547.00 FEET TO THE NORTHWEST CORNER OF SAID BARGAIN AND SALE DEED; THENCE S 17°4620" W,ALONG THE WEST LINE OF SAID BARGAIN AND SALE DEED,48.83 FEET TO A POINT ON A NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS S 21°02'34"E, ALSO BEING THE POINT OF BEGINNING; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1870.00 FEET AND A CENTRAL ANGLE OF 01°29'31",48.69 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AS DEFINED BY COMMISSIONER'S ACTION RECORDED JULY 19, 1881 IN BOOK 3 AT PAGE 8,ALSO BEING 30.00 FEET AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID NORTH LINE; THENCE N 89°16'20" E,ALONG SAID SOUTH RIGHT-OF-WAY LINE, 103.06 FEET; THENCE S 68°15'19"W, 176.38 FEET TO THE WESTERLY LINE OF SAID BARGAIN AND SALE DEED; THENCE N 17°46'20" E,ALONG SAID WESTERLY LINE,49.51 FEET TO THE POINT OF BEGINNING. CONTAINING 4,214 SQUARE FEET OR 0.0967 ACRES,MORE OR LESS. I,STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A. DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. 111111111111111111111111 III 111111111111 III 1111111111111 3430471 10/27/2006 01:19P Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT MAP A NORTH 1/4 CORNER, SEC. 3, T. 6 N., R. 67 W.r FND. 2-1/2 ALUM. CAP IN RANGE BOX, PLS #5028 FND. #6 REBAR W/3-1/4" EXISTING 60' RIGHT OF WAY UNE ALUM. CAP, PLS #22098 PER R.O.W. COMMISSIONERS ACTION (558.50' WITNESS CORNER) RECORDED JULY 19, 1881, P,O.C.-\ BOOK 3, PAGE 8 NORTHWEST CORNER, SEC. 3, T. 6 N., R. 67 W., S891:' " 547.00' 2634.53 NORTH UNE, SEC. 3, T. 6 N., R. 67 W., A=01-29'31' R=1870.00' -8 L-48'69' 1 N89-16'20'E 103.06' CH8=N69-42 1 rt CHL=48.69' P.O.B. PARCEL 1BB .. m a 4,214 SQ.FT.> �S_ ' 0.0967 ACREST IA ' ` . OS"' lit7a bogy TA g, 0. _ 2� � mom a �r� m I , Z ro °Y PFL LANDHOLDINGS LLC m jcc ui co Q (REC. N0. 2867969) o ca =U ao 2 a? 2 A 3m iN 15 0 30 -r.ti iiii .. I �0 0 WEST 1/4 CORNER, SEC. 3, (It/41k a oy up G T. 6 N., R. 67 W., SCALE: 1" = 30' •h• f.. a c2 FND. #6 REBAR W/3-1/4' 24949 i .1.-'N0 ALUM. CAP, PLS #22098 N o • 4:5i loll a NOTE • CHANGE IN COURSE ONLY 0 0 THIS MAP DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDEDa O2 P.O.C.POC POINT OF COMMENCEMENT WAIL LAW - N. ONLY TO DEPICT THE ATTACHED P.0.8. POINT OF BEGINNING "''s imomi v 0 DESCRIPTION. co co r Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT :project No:304078.01 1111 H STREET, P.O. BOX 758, GREELEY, CO �Q�ry by. TAM GROUP vriv d: SAD 8055 EAST TUFTS AVENUE, SUITE TUATED IN SECTION 3, TOWNSHIP 6 NORTH, ate: 01/25/06 DENVER, COLORADO 80237GE 67 WEST OF THE 6TH PRINCIPAL MERID1 W9ee: (303) 692-8838 / (303) 692-0470 FSOUNTY OF WELD, STATE OF COLORADO 2 OF 2 DEED DESCRIPTION PARCEL 1 SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT BARGAIN AND SALE DEED RECORDED JULY 23,2001 AT RECEPTION NO.2867970 IN THE RECORDS OF WELD COUNTY,SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 3,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, THENCE S 00°43'51" E,ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 3,30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AS DEFINED BY COMMISSIONER'S ACTION RECORDED JULY 19, 1881 IN BOOK 3 AT PAGE 8, ALSO BEING THE POINT OF BEGINNING; THENCE N 89°15'57" E,ALONG SAID SOUTH RIGHT-OF-WAY LINE, 704.22 FEET; THENCE S 00°44'03"E,40.00 FEET TO A POINT 70.00 FEET AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE S 89°15'57"W,PARALLEL WITH SAID NORTH LINE,617.68 FEET TO A POINT OF TANGENT CURVE; THENCE SOUTHWESTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 1730.00 FEET AND A CENTRAL ANGLE OF 20°53'14",630.67 FEET; THENCE S 68°22'43"W, 1588.62 FEET TO A POINT OF TANGENT CURVE; THENCE SOUTHWESTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 1270.00 FEET AND A CENTRAL ANGLE OF 20°30'36",454.62 FEET; THENCE S 88°53'19" W, 115.12 FEET TO A POINT 55.00 FEET AS MEASURED AT RIGHT ANGLES, EASTERLY FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE S 01°06'41" E,PARALLEL WITH SAID WEST LINE,200.00 FEET; THENCE S 02°5228" W,359.66 FEET TO A POINT ON THE EAST LINE OF WELD COUNTY ROAD 19 AS DEFINED BY COMMISSIONER'S ACTION RECORDED OCTOBER 14, 1889 IN BOOK 86,PAGE 273 IN THE RECORDS OF THE COUNTY OF WELD BEING 30.00 EAST OF SAID WEST LINE,WHENCE THE WEST QUARTER CORNER OR SECTION 3 BEARS S 00°19'04" W, 1202.98 FEET; THENCE N 01°06'41" W,ALONG SAID EAST LINE,633.65 FEET; THENCE N 84°18'49" E, 179.52 FEET TO A POINT OF NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS N 04°42'28"W; 1 111111 11111 RIBA III 11111 1111111 III 11111 Iul IIII 3430471 10/27/2006 01:19P Weld County, CO 4 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder DEED DESCRIPTION PARCEL 1 SHEET 2 OF 3 THENCE NORTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 630.00 FEET AND A CENTRAL ANGLE OF 05°26'00", 59.74 FEET THENCE N 79°51'32" E,259.16 FEET TO A POINT OF TANGENT CURVE; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 2255.00 FEET AND A CENTRAL ANGLE OF 11°36'13",456.69 FEET; THENCE N 68°15'19" E, 1433.39 FEET TO A POINT OF TANGENT CURVE; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 21°01'01", 172.40 FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE BEING 30.00 FEET SOUTH OF SAID NORTH LINE; THENCE N 89°16'20"E,ALONG SAID SOUTH RIGHT-OF-WAY LINE, 159.08 FEET TO THE POINT OF BEGINNING; CONTAINING 184,399 SQUARE FEET OR 4.2332 ACRES,MORE OR LESS. I, STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. REVISED 5/26/06 1111111 11111 VIII1111111 III VIII1111111 'DUMB IIII IIII 3430471 10/27/2006 01:19P Weld County, CO 5 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A EXISTING 60' RIGHT OF WAY UNE- ri NORTH LWE N.W. 1/4, PER R.O.W. COMMISSIONERS ACTION NORTH UNE N.E. 1/4, SEC. 3, TAN., RIM- RECORDED JULY 19, 1881, SEC. 3, TON., R.67W.- bj 3 N89-18'201 2834.53' BOOK 3, PAGE 8 N8915'57'E 283191' r. f° A.11-36'13' A.21-01'01' µ,�� d R-2255.00R R-470.00' P.O.C ID L= '436., N L=172..0' N8a-16'20'1 16 1S'37'E 40.00' 3 CHB=N74-03 5.31 C$ P76'4S''30 E 152.06 704.22' _' W.C.R. 74CHLa.455a1' CHL.171.44' A T A- Oe 630 060 OMER- WINDSOR RESERVOIR 1 Ls5a.74' CANAL cDMPANr, ;,� 617.68' t I =2033'14'- ra NORTH 1/4 CORNER, SEC. 3, I CNB=N82-34'32'1 . d� T. 6 N.. R. 67 W., leo2.� CNL�S9.72' ut 6 RL1730.00' RID. 2-1/2' ALUM. CAP IN 51'32'1 �� AS 1 .630.67 P.O.B. CNB�576-49'20'W RANGE 80X, PLS /5028 .' g - 259161.32 59.16' 5e PARCEL 1 CNLe627.19' II �� 184,399 SQ.FT.7 I N. TCORNE SEC. 3r W., 4, 1 - 4.2332 ACREST END. 2-1/2' ALUM. CAP IN i2 I I A.20 30'36" 60' RIGHT-OF-WAY BY RANGE BOX, PLS 012374 gW I 55' - '19'W R'� , 62ar PRESCRIPTIVE RWHTS 115.12' CNB-S78-38'01°W •at Z X41"E �. PR. LAND HOLDINGS L LLC . ii (REC. NO. 2887970) 0 359.66' I - , = a '1-06'41'W I _ ' `• •••� _ d 633.65' i = i ele \,, imc3ro �Ex, to • CHANGE IN COURSE ONLY •;• y�J` ,� sal 7 III 1 9' P.O.C. POINT OF COMMENCEMENT y 24949 i 0 v NIP I I P.O.B. POINT OF BEGINNING i =2 E "ice II 80' RIGHT-OF-WAY III •'-. COIIYS90IFR'S ACTION ,, d 01 s — ( CORDED OCTOBER 14, 1889 `,X74( L. -�y BOOK 88, PAGE 273) �� —O� — o c WEST 1/4 CORNER, SEC. 3, T. 8 N., R 87 W., NOTE � n c FND. 08 REBAR W/3-1/4' NOTE ---N c ALUM. CAP, PLS /22098 o o THIS MAP DOES NOT REPRESENT A 300 0 600 - °C MONUMENTED SURVEY. IT IS INTENDED -i r- ONLY TO DEPICT THE ATTACHED Il �0“- DESCRIP11ON' SCALE: 1" = 600' Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT Project No:304078.01 1111 H STREET, P.O. BOX 758, GREELEY, CO v�ryj y. TAM d: SAD GROUP t4loe 8055 EAST TUFTS AVENUE, SUITE TU ATED IN SECTION 3, TOWNSHIP 6 NORTH, Date: 01/25/06 DENVER, COLORADO 80237 fHGE 67 WEST OF THE 6TH PRINCIPAL MERIDI �dsed: 5/26/06 (303) 692-8838 / (3O3) 692-0470 F&OUNTY OF WELD, STATE OF COLORADO 3 OF 3 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). a Dated this /e- `oober, 2006. E lid ATTEST: / /� COUNTY OF WELD, A BODY CLERK TO THE BO ' ��r#' 't co � .. � COPRORATE AND POLITIC OF COUNTY COMMISSIO "� - ft THE STATE OF COLORADO OF THE COUNTY OF WE .i® Ve 4� By / By: �ll� Deputy Cle o the Board M. J. eile, Chair BOARD OF COUNTY COMMISSIONERS OF THE OF THE COUNTY OF WELD STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this IL' day of October, 2006 by M. J. Geile, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notary Public ZPRy Poe moo ....... ...� My commission expires: _ MELINDA it• GUALANDRI EOF C0�OQ MY CMmiffion wired: 1 111111 11111 11111 1111111 III V111 1111111 III 11111 lIII IIIt 3430471 10/27/2006 01:19P Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello