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HomeMy WebLinkAbout20053618.tiff RESOLUTION RE: APPROVE AMENDMENT TO AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL AND GRANT OF EASEMENT AND AUTHORIZE CHAIR TO SIGN 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, on June 21, 2004, the Board of County Commissioners, by Resolution #2004-1690, did approve an Agreement for Donation of Property for Poudre River Trail, and WHEREAS,the Board has been presented with an Amendment to said agreement, and a . Grant of Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and Raindance Aquatic Investments, LLC, 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550; Russell and Jeanne Sanford, 1625 Pelican Lakes Point,Suite 201,Windsor, Colorado 80550;and Imago Enterprises,Inc., 140 Palmer Drive, Fort Collins, Colorado 80525, with terms and conditions being as stated in said amendment and grant of easement, and WHEREAS,after review, the Board deems it advisable to approve said amendment and accept said grant of easement, 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 Amendment to the Agreement for Donation of Easement for Poudre River Trail and Grant of Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Raindance Aquatic Investments, LLC, Russell and Jeanne Sanford, and Imago Enterprises, Inc., 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. 2005-3618 ('�'�' /a-2 R,ND4t4CELGq-) t -,'q- AGREEMENT FOR DONATION OF EASEMENT FOR POUDRE RIVER TRAIL PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 14th day of December, A.D., 2005. BOARD OF COUNTY COMMISSIONERS \A La WELD COUNTY, COLORADO ATTEST: Le® 11 �� liam H. J ke, Chair Weld County Clerk to the r BY: UL61 J. ile, „r°- em D uty Cler to the Board c4— �. David E. Long APPROVED AS TO F EXCUSED Robert D. Masde --2, SAL{6n Attorney a Glenn Vaad Date of signature: I 11 is 2005-3618 PR0027 267 AMENDMENT TO AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL THIS AMENDMENT TO AGREEMENT FOR DONATION OF PIE POUDRE RIVER TRAIL ("Amendment") is entered into this ) day of 05,by and between 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 P.O. Box 758, 915 10'' Street, Greeley, CO 80632,hereinafter referred to as "County", RAINDANCE AQUATIC INVESTMENTS LLC, whose address is 1625 Pelican Lakes Point Suite 201, Windsor, CO 80550, hereinafter referred to as "Raindance", RUSSELL B. SANFORD and JEANNE T. SANFORD, whose address is 1625 Pelican Lakes Point, Suite 201, Windsor, CO 80550,hereinafter referred to as "Sanford" and IMAGO ENTERPRISES, INC.,whose address is 140 Palmer Dr., Fort Collins, CO 80525, hereinafter referred to as "Imago". (Raindance, Sanford and Imago are collectively hereinafter referred to as "Donor"). BACKGROUND OF AMENDMENT. The following background statements are provided to aid in the understanding and interpretation of this Amendment: A. County and Raindance entered into a Donation of Easement for Poudre River Trail, executed by the GRANTOR dated June 21, 2004, and recorded on July 9, 2004, at Reception Number 3197488 in the Office of the Weld County Clerk and Recorder("Original Agreement"). B. The real property to which the original Agreement relates is owned by Sanford and Imago, in addition to Raindance, and the parties desire to add Sanford and Imago as a"Donor"under the terms of the original Agreement. C. On the date of this Amendment, Donor has signed, donated and granted the Easement pursuant to the Original Agreement. D. Poudre River Trail Corridor Board, Inc ("PRTC") has constructed the trail across Donor's property, including portions that have been conveyed to other parties. E. The parties desire to amend the Original Agreement by this Amendment. NOW, THEREFORE, in consideration of the premises and the following mutual covenants, the parties hereto have agreed as follows: 1. Raindance, Sanford and Imago shall constitute and be defined as"Donor"under the original Agreement and this Amendment. 2. PRTC shall bear the cost and shall be solely responsible for the construction of 2200 linear feet of a "three-rail tenon-joint type" wood post and rail fence on the South edge of easement granted to County. The 2200 foot fence shall be installed in the locations along the Trail in locations designated by Donor. However, the fence shall be built when the PRTC determines, in its sole discretion that it has funds available to construct such a fence that will not interfere with other AIM 11111 11111 11111111111111111 11111II 111111I I I 11111 3354267 01/11/2006 03:50P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder car Os-fib/e" • projects and priorities,but not later than 10 years from the date of this Amendment. 3. All other terms, provisions and conditions in the Original Agreement shall remain unchanged. IT IS MUTUALLY AGREED that the terms and conditions of this Amendment shall extend to and be binding upon the heirs, executors, administrators, successors, successor by merger, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. RAINDANCE AQUATIC INVESTMENTS, a Colorado �Limited Liability Company By: �� `y M- 4 Martin Lind, S and or I 111 11111 VIII IIIIII 11111 I'll/ VIII Ill 1111 1111 Russell B. Sanford IIII Its: Co-Manager 3354267 01/11/2006 03:50P Weld County, CO / 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Russell Broo anford .en7. Q11414 J J T. Sanford Imago Enterprises,nt Inc. By o5EJ rvt.>2n. ,7�is�t / Its e J ATTEST: a lk/" CLERK TO THE BOARD OF „pl„ y ARD OF COUNTY COMMISSIONERS COUNTY COMMISSIONERS ELD COUNTY, STATE OF COLORADO sn By: - Depu lerk to e Board `". #f �.,,,� 11iam: x. Jerke, Chairman 12/14/05 \Raindance Aquatic Investments,LLC\Poudre River Trail\FINAL Amendment to PRTC Land Donation Agreement-Martin Lind 10-5-05.doc IIIIII 11111 VIII IIIIII IIIIII VIII VIII III VIII IIII IIII 3354267 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder „loos--3b) . .. 266 POUDRE RIVER TRAIL GRANT OF EASEMENT RAINDANCE AQUATIC INVESTMENTS LLC, whose address is 1625 Pelican Lakes Point Suite 201, Windsor, CO 80550, and RUSSELL BROOKS SANFORD AND JEANNE T. SANFORD, whose address is 1625 Pelican Lakes, Suite 201, Windsor, Colorado, and Imago Enterprises, Inc., 140 Palmer Dr., Fort Collins, Colorado 80525, all jointly hereafter referred to as "GRANTOR", hereby donates, grants, and conveys, without compensation, unto the COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, by and through the Board of County Commissioners of the County of Weld, whose mailing address is P.O. Box 758, 915 10th Street, Greeley CO 80632, GRANTEE, an easement to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove at no cost to the GRANTOR, a trail for pedestrian and non-motorized vehicular traffic, and for police, emergency, and maintenance motorized vehicles, on, under, and across the following-described property in the County of Weld, State of Colorado to-wit: The real property described in the attached Exhibit A and shown on the attached Exhibit B, both made a part hereof, hereinafter referred to as the Poudre River Trail. The facilities for the Poudre River Trail will be above ground and may include, but not be limited to, concrete trail; shoulder; drainage mechanisms, such as culverts; directional, informational and traffic regulating signs; and other fixtures or devices used or useful in connection therewith, herein collectively called "improvements." The right and authority of GRANTEE hereunder shall be exercised by GRANTEE or the Poudre River Trail Corridor, Inc. GRANTOR reserves the right to cross said easement with motorized vehicles, including trucks and excavation equipment, so long as such crossing does not damage the Poudre River Trail. Except as otl e wise provided herein, GRANTOR shall install no structures or facilities of any kind on, over, under, or across said easement. GRANTOR reserves the right to construct dry and wet utilities, and oil and gas pipe and delivery lines under such easement; provided, however, GRANTOR shall be responsible for restoring all improvements to the easement after the installation of such utilities and lines, at GRANTOR'S expense. Additionally, GRANTOR reserves the right to construct trails and roadways to and across the easement area; provided, however, GRANTOR shall be responsible for restoring all improvements to the easement after the installation of such trails and roadways at GRANTOR'S expense. Notwithstanding the foregoing, GRANTOR and GRANTEE shall work cooperatively together to attempt to create methods and mechanisms to reduce the impact and increase safety in connection with the use of said easement by the public in connection with the passage of vehicles over and across the easement. This Grant is given subject to and in accordance with the terms and conditions of the Donation of Easement for Poudre River Trail, executed by the GRANTOR dated June 21, 2004, and recorded on July 9, 2004, at Reception Number 3197488 in the Office of the Weld County Clerk and 1 I IIIIII IIIII IIIII IIIIII IIIIII IIIII IIIII III IIIII IIII IIIIL.1 cos--3 2') 3354268 01/11/2006 03:50P Weld County, CO 1 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • Recorder and as amended by Amendment to Agreement for Donation of Property for Poudre River Trail, of even date herewith and also recorded of the Office of the Weld County Clerk and Recorder which shall not merge with this Grant and shall continue in effect after the execution date of this Grant. SIGNED this day of October, 2005. GRANTOR: RAINDANCE AQUATIC INVESTMENTS, a Colorado Limited I 11111 111 11111 11111 1111 Ell IN III 111111111 1111 Liability Company 3354268 01/11/2006 03:50P Weld County, CO 2 of 10 R 0.00 0 0.00 Steve Moreno Clerk& Recorder By: 4)-le Martin Lind, Se Ward or Russell B. Sanford Its: Co-Manager /, Russell Broo ford itta 11 it_ Jeanne T. Sanford Imago Enterprises, Inc. By cts " �j Its ,pe C. /, Cif" 2 STATE OF COLORADO ) County of Weld ) ss. The foregoing instrument was acknowledged before me this day of OTTiter, 2005, by \vac J Lc,k:t �kC- , Co-Manager of Raindance Aquatic Investments, LLC. v Witness my hand and official seal this \ day of er, A.D., 2005. _ I �rK'•Yoti- p 61A/i.•Y 0 -, My commission expires: '- '. , Cdr. My option EOrM Sip 13.2000 1 111111 11111 11111111111 111111 1111111111 MUM I'll IIII 3354268 01/11/2006 03:50P Weld County, CO 3 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 • STATE OF COLORADO ) County of Weld ) ss. The foregoing instrument was acknowledged before me this 1 day of Oeteber, 2005, by Russell Brooks Sanford and Jeanne T. Sanford. a #t y hand and official seal this 1 day of ,2A414A.D. 2005. .< T :• . // . • ` • My commission expires: — 1 7.----,—± OF C,G *tonnes , ' 'C OLORADO ) County of Weld ) ss. De Cr...4,I44Cli r• . egoing instrument was acknowledged before me this I_day of October, 2005, +9 ti- _ 1C\A , the ytk$la(. of Imago Enterprises, Inc. Witrjes y hand and official seal this \ day of �.,2005. II My Caearisaion Exoi es Sao 13,2001 My commission expires: G - .'(17 GRANTOR GRANTOR hereby accepts the within Grant of Easement in accordance with the terms set forth herein. _ _ ATTEST: ars/ COUNTY OF WELD, a political CLERK TO THE B � r e division of the STATE OF COUNTY COMMISSIONERS ? ORADO,by and through the Board of 171. Commissioners of the COUNTY LD E i °r BY: all �( 4/ar ` �si d--7:__. D ty Cler 'to the Board William H. Jerke, Chairman 12/14/05 \Raindance Aquatic Investments,LLC\Poudre River Trail\FINAL Fred-Raindance Grant of Easement.10-5-05-3.doc 1 111111 11111 11111 111111 111111 11111 11111 111 11111 1111 III 3354268 01/11/2006 03:50? Weld County, CO 4 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder j.®os—_3b/ r EXHIBIT "A" PROPERTY DESCRIPTION Poudre River Trail A strip of land Thirty feet (30') in width and being part the West Half of the Northwest Quarter (W1/2 NW1/4) of Section Twenty-nine (29), and part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Thirty(30), all in Township Six North (T.6N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado the centerline of which is more particularly described as follows: BEGINNING at the Northwest Sixteenth Corner of said Section 29 and assuming the East line of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of said Section 29 as bearing North 00°08'37" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 1320.85 feet with all other bearings contained herein relative thereto: THENCE North 00°08'37" West along said East line a distance of 15.01 feet to a point Fifteen feet(15')Northerly of as measured at right angles to the South line of the NW1/4 NW1/4 of said Section 29. Said point being the TRUE POINT OF BEGINNING of said centerline description: Thence along the centerline of said Thirty foot (30') strip of land by the following Thirty-eight (38) courses and distances: THENCE South 88°22'51" West along a line Fifteen feet (15')Northerly of as measured at right angles to and parallel with the Southerly line of the NW1/4 NW1/4 of said Section 29 a distance of 35.48 feet; THENCE South 14°46'25" West a distance of 839.01 feet; THENCE South 73°47'44" West a distance of 204.00 feet; THENCE North 87°33'21" West a distance of 148.75 feet to a Point of Curvature (PC); THENCE along the Arc of a curve which is concave to the North a distance of 45.80 feet, whose Radius is 100.00 feet, whose Delta is 26°14'19", and whose Long Chord bears North 74'26'11" West a distance of 45.40 feet to the Point of Tangency(PT); THENCE North 61'19'01" West a distance of 43.64 feet to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 136.87 feet, whose Radius is 500.00 feet, whose Delta is 15°41'04", and whose Long Chord bears North 69'09'33" West a distance of 136.45 feet to the PT; THENCE North 77°00'06" West a distance of 197.25 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 278.24 feet, whose Radius is 575.00 feet,whose Delta is 27°43'30", and whose Long Chord bears North 63°08'20" West a distance of 275.53 feet to the PT; THENCE North 49'16'35" West a distance of 153.99 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 194.40 feet, whose Radius is 500.00 feet, whose Delta is 22°16'35", and whose Long Chord bears North 38°08'18" West a distance of 193.18 feet to the PT; THENCE North 27°00'00" West a distance of 65.31 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 226.58 feet, whose Radius is 750.00 feet, whose Delta is 17°18'34", and whose Long Chord bears North 18°20'43" West a distance of 225.72 feet to the PT; THENCE North 09°41'26" West a distance of 51.98 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 90.50 feet, whose Radius is 200.00 feet, whose Delta is 25°55'37", and whose Long Chord bears North 03°1623" East a distance of 89.73 feet to the PT; THENCE North 16°14'12" East a distance of 55.83 feet to a PC; THENCE along the Arc of a curve which is concave to the West a distance of 80.84 feet, whose Radius is 75.00 feet, whose Delta is 61'45'34", and whose Log Chord bears North 14°38'35' West a distance of 76.99 feet to the PT; Page 1 of 3 MHO 1111I1101111111111111VIIIVIIIIIIVIIIIIIIIIII 3354268 01/11/2006 03:50P Weld County, CO 5 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Property Description (continued) THENCE North 45°31'22" West a distance of 55.21 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 148.26 feet, whose Radius is 500.00 feet, whose Delta is 16°59'21", and whose Long Chord bears North 37°01'42" West a distance of 147.72 feet to the PT; THENCE North 28°32'01" West a distance of 85.74 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 52.02 feet, whose Radius is 75.00 feet, whose Delta is 39°44'20", and whose Long Chord bears North 48°24'11" West a distance of 50.98 feet to a Point of Reverse Curvature (PRC); THENCE along the Arc of a curve which is concave to the Northeast a distance of 23.36 feet, whose Radius is 100.00 feet, whose Delta is 13'23'00", and whose Long Chord bears North 61°34'50" West a distance of 23.31 feet to the PT; THENCE North 54°53'20" West a distance of 49.33 feet to the PT; THENCE along the Arc of a curve which is concave to the Southwest a distance of 48.69 feet, whose Radius is 200.00 feet, whose Delta is 13°56'55", and whose Long Chord bears North 61°51'48" West a distance of 48.57 feet to the PT; THENCE North 68°50'15" West a distance of 54.73 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 59.92 feet, whose Radius is 200.00 feet, whose Delta is 17°09'57", and whose Long Chord bears North 60°15'17" West a distance of 59.70 feet to the PT; THENCE North 51°40'19" West a distance of 88.71 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 22.50 feet, whose Radius is 200.00 feet, whose Delta is 06'26'47", and whose Long Chord bears North 54°53'42" West a distance of 22.49 feet to the PT; THENCE North 58°07'06" West a distance of 83.70 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 6.19 feet, whose Radius is 200.00 feet, whose Delta is 01°46'23", and whose Long Chord bears North 59'00'18" West a distance of 6.19 feet to the PT; THENCE North 59°53'29" West a distance of 38.57 feet to a PC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 20.32 feet, whose Radius is 100.00 feet, whose Delta is 11°38'26", and whose Long Chord bears North 54°04'16" West a distance of 20.28 feet to the PT; THENCE North 48'15'04" West a distance of 131.99 feet to a PC; THENCE along the Arc of a curve which is concave to the Southwest a distance of 88.14 feet, whose Radius is 200.00 feet, whose Delta is 25°15'05", and whose Long Chord bears North 60°52'36" West a distance of 87.43 feet to a PRC; THENCE along the Arc of a curve which is concave to the Northeast a distance of 169.25 feet, whose Radius is 200.00 feet, whose Delta is 48°29'08", and whose Long Chord bears North 49°15'35" West a distance of 164.24 feet to the PT; THENCE North 25°01'01" West a distance of 61.61 feet to a PC; THENCE along the Arc of a curve which is concave to the East a distance of 19.82 feet, whose Radius is 100.00 feet, whose Delta is 11°21'13", and whose Long Chord bears North 19°20'24" West a distance of 19.78 feet to the PT; THENCE North 13°39'48" West a distance of 59.52 feet to the intersection with the West line of the E1/2 NE1/4 of said Section 30. Said point being the TERMINUS POINT of said centerline description. From said Terminus Point the East Sixteenth Corner common to Sections 19/30- T.6N.-R.67W. bears North 00°10'51" West a distance of 162.03 feet. Page 2 of 3 1111111111111111111111111111VIIIVIIIIIIVIIIIIIIIIII 3354268 01/11/2006 03:50P Weld County, CO 6 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Property Description (continued) Said described parcel of land contains 126,539 Square Feet, more or less (f) (2.905 Acres, more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. It is the intent of this description that the sidelines be prolonged or shortened to intersect the East line of the NW1/4 NW1/4 of said Section 29 at the True Point of Beginning and the West line of the E1/2 NE1/4 of said Section 30 at the Terminus Point. Further, the centerline of the proposed route of the trail is indicated beyond the West line of the E1/2 NE1/4 so that the sidelines of the Trail Easement as defined herein can be positioned. SURVEYOR'S STATEMENT I, Charles B. Jones, 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, information, belief, and in my professional opinion. ....cam 0 • fr1► '' . ,T Charles B. Jonc - qyt ' 'o • : S "�/ eyors, Inc. Colorado Regi,f�- Profess' a t 3, t Land Surveyor #2 t. '4L LANG KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005481 (September 26, 2005) (File: N:\2005481\trail descriptions\trail alignment-al.wpd) 1 111111 11111 11111111111 1111111111111111 111 11111 I11I 1111 3354268 01/11/2006 03:50P Weld County, CO 7 of 10 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Page 3 of 3 POUDRE TRAIL EXHIBIT A W1/2 NW1/4 Section 29—T.6N.—R.67W.COMPOSITE DRAWING E1/2 NE1/4 Section 30—T.6N.—R.67W. I =w� l ,/ tat II I I III 400' 200' 0 400 II • 1"= 400' DYING SUEVE'YORS, INC. PROJECT NO: 2OO5481 !. DATE: O9/27/O5 On._ EASTMAN PARK DRIVE, WINDSOR, CO 8O55O CLIENT: POUDRE_TRAIL -.441 PHONE: (97O) 686-5O11 FAX: (97O) 686-5821 DWG: 2OO5481TRAIL-A.DWG WWW.KINGSURVEYORS.COM DRAWN: CBJ CHECKED: CBJ 1111111 Ill I ll 1111 1111111111I I 1111111111111 3354268 01/11/2006 03:50P Weld County, CO 8 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "B" PROPERTY DESCRIPTION Poudre River Trail Easement A strip of land Thirty feet(30') in width and being part of the West Half of the Northeast Quarter(W1/2 NE1/4) of Section Thirty (30),Township Six North (T.6N.), Range Sixth-seven West (R.67W.) of the Sixth Principal Meridian, County of Weld, State of Colorado the centerline of which is more particularly described as follows: BEGINNING at the East Sixteenth Corner common to Sections 19/30-T.6N.-R.67W. and assuming the North line of the W1/2 NE1/4 of said Section 30 as bearing South 88°42'43" West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 1251.69 feet with all other bearings contained herein relative thereto: THENCE South 88°42'43" West along the North line of the W1/2 NE1/4 of said Section 30 a distance of 27.26 feet to the TRUE POINT OF BEGINNING of said centerline description. Said point being the beginning point of a curve, the aforesaid line being non-tangent to said curve: Thence along said centerline by the following Five (5) courses and distances: THENCE along the Arc of a curve which is concave to the West a distance of 38.21 feet,whose Radius is 398.80 feet, whose Delta is 05°29'24", and whose Long Chord bears South 10°39'17" East a distance of 38.20 feet to the Point of Tangency(PT); THENCE South 07°21'41" East a distance of 30.49 feet; THENCE South 07°25'18" East a distance of 30.99 feet; THENCE South 09°18'15" East a distance of 31.92 feet; THENCE South 13°39'48" East a distance of 32.32 feet to a point on the East line of the W I/2 NE 1/4 of said Section 30. Said point being the TERMINUS POINT of said centerline description. From said Terminus Point the Northeast Corner of the W1/2 NE 1/4/4 of said Section 30 bears North 00°10'51" West a distance of 162.03 feet; Said described parcel of land contains 4,861 Square Feet,more or less(±) (0.112 Acres, more or less (t)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. It is the intent of this description that the sidelines of said easement are to be prolonged or shortened to intersect the North line and the East line of the W1/2 NEl/4 of said Section 30 SURVEYOR'S STATEMENT I, Charles B. Jones, 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, information,belief, and in my professional opinion. Charles B. Jone:-orp al o 'nifeSury ors, Inc. i 2v Gil "� /�� 165 r� -o: Colorado Regist�alEtit,P{ofessio /� Y Land Surveyor #22 4/41. LAO KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005481 (September 28, 2005) (File: N:\2005481\trail descriptions\trail alignment-bl.wpd) 1111111 11111 11111 111111 IN 11111 11111 III 11111 IIII till 3354268 01/11/2006 03:50P Weld County, CO 9 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder POUDRE TRAIL EASEMENT EXI-IIBIT PART OF THE W1/2 NE1/4 B SECTION 30—T.6N.—R.67W. N 50' 25' 0 50' to i i = �z 1 "= 50' 0• i z O? 0 0 m I- 0 z • 1L W X N0 Z L N a Z CC En _ in Q o a▪ s 0 H w LC U)a. Z Z. w O 0 M in 7 N- a,a c N co N NO0'10'51"W 162,03' - ---- in F-0 Z Z (II 5E N J Z Z— w 3 LO CD N N �a ce La O) N N 'J F - '— J 0 0) U up 1n v) \A AREA o N z ` 4,861 Square Feet Z 0,112 Acres La co U- 0 Cl) d m n LINE TABLE 0 N LINE BEARING LENGTH y co L24 S0721'41"E 30.49' op L25 $0725'18"E 30.99' -c e15 in L26 909'18'15"E 31.92' pC3 i L27 S13'39'48'E 32.32' au _"- 0 0 CURVE TABLE 0 - CURVE LENGTH RADIUS DELTA CHORD CH BEARING --o 0 C19 38.21' 398.80' 05'29'24" 38.20' N10'39'17"W rim' g 433 So C3 oC o o o o —ao0 L I0 13 Z —,,o OF 1,100 E\Si. �. —, ��. ��o 9. 4-, c Charles B. Jones f • _✓half •f �;�Su ryors, Inc. m� za I ..Z VI/Ma) 10 e IRY a o Colorado Register�, Qf s � Land Surveyor #220`s' AL LAN0_- NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. A Al/YC SURVEYORS; .Mt PROJECT NO:2005481 DATE: 09/2828/0505 kip` 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:Pourde Trail —gel Al j PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005481 trail—a.dwg \, I WWW.KINGSURVEYORS.COM DRAWN: CBJ CHECKED: CBJ 0CS OTIS, COAN & STEWART, LLC • Attorneys And Counselors At Law Fred L.Otis flotis@ocslaw.com December 6, 2005 DEC 12 WELD NTY ATTORNEY'S UOFFICE Mr. Bruce Barker Weld County Attorney PO Box 758 Greeley, CO 80631 RE: Poudre River Trail/Raindance Aquatic Investments LLC Dear Bruce: Attached are originals of(1)Poudre River Trail Grant of Easement, and (2)Amendment to Agreement for Donation of Property for Poudre River Trail. These documents were delivered to my office December 5, 2005. They required the signature of the Weld County Commissioners. I recall you were reviewing the documents. The Poudre River Trail Board has not met nor voted on these documents. Please call me if you have questions. Sincer y, Fred L. Otis FLO:mas Enclosures The Doyle Building, 1812 56th Avenue,Greeley,Colorado 80634 Telephone: 970-330-6700 Fax:970-330-2969 Metro: 303-659-7576 E-Mail:OCSLaw@ocslaw.com 2005-3618 Hello