HomeMy WebLinkAbout20053703.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER
TRAIL AND AUTHORIZE CHAIR TO SIGN - LOWELL THREE, LLC, LOWELL FOUR,
LLC, DAVID LOWELL BUNN,AND MARILYN BUNN,AKA MARTHA MARILYN BUNN
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 for Donation of Property for
the Poudre River Trail between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County,and Lowell Three, LLC, Lowell Four, LLC, David Lowell
Bunn,and Marilyn Bunn,aka Martha Marilyn Bunn,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 for Donation of Property for the Poudre River Trail between
the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld
County, and Lowell Three, LLC, Lowell Four, LLC, David Lowell Bunn,and Marilyn Bunn,aka Martha
Marilyn Bunn be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 28th day of December, A.D., 2005.
it ry� R
1L-:1,111/:X\:‘ BOARD OF COUNTY COMMISSIONERS
' ' 'I ELD COUNTY COLORADO
ATTEST: Lail -'21-ac
illiam H. rke, Chair
Weld County Clerk to the Ay
BY: ) l^� l6-it4-6-1Y11M. J. � e, Pro-Tem
D uty CI k to the Boa
D 'd E. Lon
AP \\11
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Date of signature: 1_.e 4._e f 9)
2005-3703
PR0027
0CS OTIS, COAN& STEWART, LLC
Attorneys And Counselors At Law.
Fred L.Otis
flotis@ocslaw.com
December 22, 2005
FAX: 970/352-0242 AND HAND DELIVER
Mr. Bruce Barker
Weld County Attorney
915 10th Street
Greeley, CO 80631
RE: Poudre River Trail/Marilyn L. Bunn, et al.
Dear Bruce:
Attached is the original Agreement For Donation Of Property For Poudre River Trail executed
by Marilyn L. Bunn, David Lowell Bunn, Lowell Three, LLC, and Lowell Four, LLC. Please
send me a copy upon execution by the County Commissioners. Thanks..
Sincerely,
Fred L. Otis
FLO:mas
Enclosures
The Doyle Building, 1812 56'h Avenue,Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 E-Mail:OCSLaw@ocslaw.com
503
AGREEMENT FOR DONATION OF PROPERTY FOR
POUDRE RIVER TRAIL
THIS AGREEMENT is entered into this 126y of December, 2005, 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 10th Street,
Greeley, CO 80632, hereinafter referred to as "County" and Lowell Three, LLC, Lowell Four,
LLC, David Lowell Bunn and Marilyn L. Bunn also known as Martha Marilyn Bunn, hereinafter
referred to as "Donor".
WITNESSETH:
WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and
non-motorized vehicular Trail Right of Way ("Trail Right of Way"), as part of the Poudre River
Trail, across land owned by Donor in Section 34, Township 6 North, Range 66 West of the 6v'
P.M. Weld County, Colorado and known as Weld County Assessor Parcels #080534000024 and
080534000027 ("Donor's Property"). The Donor's property is partially shown on Exhibit A, and
WHEREAS, Donor desires to donate the Trail Right of Way to County, in fee, upon
County meeting certain terms and conditions stated herein, and
WHEREAS, County desires to accept said donation as stated herein.
NOW, THEREFORE, in consideration of the premises and the following mutual
covenants, the parties hereto have agreed as follows:
1. DONATION OF STRIP OF TRAIL RIGHT OF WAY: Donor agrees to donate via
Special Warranty Deed (without compensation) to County, and County agrees to accept
the Trail Right of Way. Said Trail Right of Way shall be used by the public and
maintained by the County for the purpose of conveyance by pedestrians and non-
motorized vehicles. Donor understands and agrees said Trail Right of Way may also be
used by police, emergency, maintenance motorized vehicles, and mounted police, when
necessary. The parties agree the Trail Right of Way shall consist of a strip of land
extending across Donor's property as described on the plat attached hereto as Exhibit A.
The Trail shall be 30 feet in width. The Trail may include typical recreational trail
amenities, such as signage, port a potties and benches.
2. Donor agrees to grant the Trail Right of Way by a Special Warranty Deed, on a form
acceptable to County, free and clear of all encumbrances, except for existing easements,
and rights-of-way of record, if any, including, without limitation, any utilities currently in
place. Said Special Warranty Deed shall be promptly executed upon completion of a
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survey plat of the Trail Right of Way, paid for by County, which shall show the exact
location of the Trail Right of Way and provide a legal description thereof. The parties
further agree said Special Warranty Deed may be recorded separate from this Agreement,
but shall be subject to and shall not merge with the terms of this Agreement.
3. REFERRAL TO WELD ASSESSOR'S OFFICE: County agrees upon closing, the Weld
County Assessor's Office shall be notified of the completed transaction and that the Trail
Right of Way is no longer owned or controlled by Donor.
4. TRANSFER OF TRAIL RIGHT OF WAY NOT CONSIDERED LAND-SPLIT: Donor
and County acknowledge the transfer of ownership of the Trail Right of Way shall not be
considered as a split of the property owned by Donor, such that it neither violates the
subdivision regulations of the County, nor does it create a separate remaining parcel.
5. CONSTRUCTION OF TRAIL ON TRAIL RIGHT OF WAY: County, acting through the
Poudre River Trail Corridor, Inc., shall be solely responsible for construction of the Trail
on the Trail Right of Way.
6. ENTIRE AGREEMENT: The parties hereby agree 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 other than as contained
herein.
7. RIGHT TO POSSESSION: Although the date of transfer of the Trail Right of Way shall
be the date of the delivery of the conveyance documents, it is expressly agreed by the
parties hereto that upon execution of this Agreement by County and Donor, County, its
contractors, agents, employees, if any, and all others deemed necessary by County shall
have the irrevocable right to possess and use all the Trail Right of Way, if deemed
necessary by County for the purpose of construction or maintenance of said Trail Right of
Way, or by the public if said Trail Right of Way is ready for conveyance of pedestrians and
non-motorized vehicles.
8. RIGHT TO RELOCATE EASEMENT/REMOVE TRAIL: Donor, at Donor's cost, shall
have the right to relocate the Easement on Donor's adjoining property, or to temporarily
remove the improvements on the Easement, if necessary, to install infrastructure to the any
development contemplated by Donor, subject to the approval of County, which shall not
be unreasonably withheld. The Trail and all facilities disturbed by such relocation, or
temporary removal, shall be promptly restored to the condition of the Trail prior to such
relocation, or removal. Donor shall give notice 90 days prior to such relocation, or
removal and shall disturb the Trail as little as possible, keeping in mind the usability and
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accessibility of the Trail to the public, and such relocation or removal shall not cause the
Trail to be closed for more than 90 days. Upon finalizing the relocation, Donor shall, at
Donor's cost, resurvey the new location and execute a warranty deed to County under the
same terms and conditions as the original deed.
9. WARRANTY OF TITLE: Donor warrants it is the owner of the Trail Right of Way and
will defend title thereto against all claims.
10. TAX APPORTIONMENT: Donor represents and warrants all general taxes levied
against Donor's property prior to 2005 have been paid in full by Donor.
11. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or provisions, to a person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care, which did not previously
exist with respect to any person not a party to this Agreement.
13. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed the enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
14. CONSTRUCTION OF TRAIL. The Trail may be either hard surfaced (asphalt or concrete) or
soft surfaced (e.g. crusher fines, gravel or dirt).
15. FENCE. County shall install and maintain a fence along the South side of the Trail Right of
Way as demonstrated on Exhibit A. The fence shall be constructed of four-strand barbwire.
16. NAME OF TRAIL. When the Property is opened as a portion of the Poudre River Trail, the
Trail Right of Way will be marked with a sign indicating that it is the former site of the Lowell
Family Dairy. The sign will be prepared in consultation with the Donor and may contain some
text and a suitable picture. County shall pay the cost of the sign, which shall be in keeping
with other portions of the Trail.
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17. ABANDONMENT. In the event the trail is ever abandoned for a period of 18 consecutive
months, this Trail Right of Way shall terminate and the Trail Right of Way shall revert to the
then owner of Donor's Property, Abandonment for purposes of this Agreement shall mean
either: 1) that in the event a hard surface trail is installed and is later damaged more than 40%
and not repaired within 18 months of the damage; or 2) the surface is not maintained in a
pavement condition rating of Good or higher, with a severity of cracking no higher than Low,
all as identified in SHRP-P-338 (Strategic Highway Research Program(1993). Distress
Identification Manual for the Long-Term Pavement Performance Project. In the event of
such abandonment, County shall be required to remove the remaining hard surface and quit
claim the right of way back to Donor. However, no abandonment shall be inferred or implied if
the Trail is utilized as a dirt or gravel Trail, so long as the required fence and signage is
installed and maintained, and the Trail is reasonably suitable for its intended purposes.
18. NO MAINTENANCE OR SECURITY OBLIGATION OF DONOR. Donor shall have no
obligation to provide maintenance or security for the Trail.
19. NO OIL AND GAS, NO UTILITY EASEMENTS. The purpose of this Agreement is to
provide a right-of-way only and no oil, gas or other minerals are to be conveyed or transferred.
Further, no right to use the right-of-way for utilities is granted, inferred or implied.
20. INDEMNIFICATION. County shall defend and hold harmless Donors, their members,
successors and assigns, from any claim or other liability in any way arising from this gift of a
right-of-way, or the installation, maintenance, or use, by County or any other person, of the
right-of-way, the contemplated recreational trail, or any other event or thing. The parties do
not by this indemnification extend to any claimant any right not otherwise existing in law; the
parties acknowledge that performance hereof by County is contingent on future actions,
including appropriations, of the Board of County Commissioners; and the parties acknowledge
that, although current law may provide Donor with a prima facie defense to such a claim, the
cost of simply asserting a defense can be substantial and that Donor would not make this gift
absent such indemnification. This indemnification shall be supplemental to such coverage as
may be provided by such policy(ies) of insurance as Donor, in its sole discretion, chooses to
maintain in force.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to
and be binding upon the heirs, executors, administrators, successors, successor by merger, and assigns
of the respective parties hereto.
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
DONOR:
LOWELL THREE, LLC
By V'J aluu,y1 ii, 'i'VVI Cl
Its
LOWELL FOUR, LLC
By/✓4v.e-( (0 (7 C4-7 A
Itss
fjc;:ki Li 1 14711 I.
VI
Man TTTTyn L. Bunn alio known as Martha Marilyn Bann
David Lowell Bunn
ATTEST: 44/O1,4I��'"`►
CLERK TO BOARD OF I� M' OF COUNTY COMMISSIONERS
COUNTY COMMISSIONERS ' iMi LD COUNTY, STATE OF COLORADO
het d - /4
Depu►, Clerk t. the Board �. r✓� William H. Jerke, Chairman
DEC 2 8 2005
1111111 11111 11111 111111 111111 1111111111 I I 11111111111111
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ACKNOWLEDGEMENT
STATE OF FLORIDA )
)SS
COUNTY OF
Acknowledged before me, a Notary Public, on December / , 2005, by Y c/�a/ate-Acii &!f"-as
OGl _ of Lowell Three, LLC, a Ce C o rye s�< limited liability
company.
My Commission Expires: 8//7/07 t. . L O. (?(1.44....k—e--?-1‘
N ary Public
4:e RUM A.RANKIN
IS 'o' ;4 MY COMMISSION It DC204410
'2' J.•• I EXPIRES:August 17,2007
STATE OF FLORIDA ) .4,,,•,a,„ Bonded Nu Notary Public UMewslers
)SS
COUNTY OF SA a.Actit
Acknowledged before me, a Notary Public, on December / , 2005, bydQG!-ld as - as
UZe17-r-?mot_ of Lowell Four, LL9,,a ,•-•Le limited liability
company.
My Commission Expires: 8V" 7J67 \ cc._ 0,c ( � ,'
Notary ' • •
, � .. RUMARANKIN
Y:_ % MY COMMISSION#00204410
*,•., EXPIRES:August 17,2007
STATE OF FLORI ) '`�r,'r';iw Bind Mot NolaryPWtioUndetwde,
)SS
COUNTY OF h
Acknowledged before me, a Notary Public, on December /y, 2005, by Marilyn L. Bunn also known
as Martha Marilyn Bunn. ?
My Commission Expires: 8/7/p 7C 64-5--/ 44---r‘.4-„ L.
Noary 414,
,yQtiM"�%ye RUfHA.RANKIN
STATE OF FLORID e* s MYCOMMISSION#DD204410
• &i EXPIRES:August17,2007
)SS �np,tt Bo getlTh UNMary Pud Unbar nes
COUNTY O )SS
Acknowledged before me, a Notary Public, on December—4 , 2005, by David Lowell Bunn.
My Commission Expires: P�07 K O, <s
N ary Public
RUMA.RANKINJ44j .yqy �r MY COMMISSION#DD 204410 6
•;�' •:g EXPIRES:August 17,2007
h. Bonded Thtu Nota7 Pubic Underwriters
1 111111 11111 11111 11111 111111 11 1111111 III 11111 1111 1111
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EXHIBIT A
MARILYN BUNN PROPERTY LEGAL DESCRIPTION
North 30 feet of the portion of the following described parcel lying North of F Street:
That portion of the Southeast Quarter of the Southwest Quarter(SE/4 SW/4)and the West Half of the Southeast Quarter(W/2
SE/4)of Section Thirty-four(34),Township Six(6)North,Range Sixty-six(66)West of the Sixth Principal Meridian,Weld
County,Colorado,more particularly described as follows: Considering the South Line of the Southwest Quarter as hearing
North 89"24'31"West and with all bearings contained herein and relative thereto.Beginning at the South Quarter Corner of
said Section 34,thence along the South line of said Southwest Quarter,North 89°24'31"West 850.11 feet to the Southeast
Corner of that certain parcel of land described in deed recorded in Book 937,Reception#1859175 records of said County,
thence along the Easterly boundary of that book and reception number the following 5 courses and distances,North 00°03'31"
West 630.07 feet,North 75°56'29"East 77.28 feet,South 85'33'31"East 394.65 feet,North 75°26'29"East 106.41 feet,
North 00°03'31"West 449.70 feet,thence North 39°32'29"East 94.50 feet,thence North 33°24'29"East 59.59 feet to a point
that is 30.00 feet South of the centerline of an existing irrigation ditch,thence parallel with and 30.00 feet South of the
approximate centerline of said ditch the following 5 courses and distances,North 56°00'00"East 103 feet,North 56°40'00"
East 341.00 feet,North 76°09'00"East 116.00 feet,North 80°11'00"East 640.00 feet,North 78°58'00"East 358.46 feet to a
point that is 40.00 feet West of the East line of the West Half of the Southeast Quarter of said Section 34,thence parallel with
and 40.00 feet West of said line,South 00°00'00"West 327.57 feet to the South line of the Northwest Quarter of the Southeast
Quarter of said Section 34,thence South 00°00'44"West 74.36 feet to a point on the North line of that certain parcel of land
described in deed recorded in Book 976,Reception#1902736 records of said County,thence along the Northerly,Westerly
and Southerly boundary of said parcel the following 14 courses and distances,South 55°49'25"West 452.32 feet,South
6633'21"West 95.00 feet,South 75°33'21"West 95.00 feet,South 84'04'21"West 203.00 feet,South 80°11'21"West
102.00 feet,South 59`15'58"West 50.45 feet, South 33'05'09"West 206.59 feet, South 82"12'07"East 325.64 feet,South
79°23'30"East 106.30 feet,South 79°27'l5"East 136.32 feet,South 65'31'55"East 154.87 feet,South 74°03'55"East
209.87 feet,North 85°04'22"East 58.28 feet,North 4839'26"East 119.40 feet to the East line of the West Half of the
Southeast Quarter of said Section 34,thence along said line South 00°00'44"West 605.65 feet to the South line of the
Southeast Quarter of said Section 34,thence along said line North 89°24'55"West 1320.77 feet to the true point of beginning.
Said parcel is subject to easement and right of way for the canal of Boyd Irrigation Company,to existing right of way for
County Road,and any other easements and rights of way upon the premises,however evidenced.
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Esther Gesick
From: Bruce Barker
Sent: Wednesday, December 24, 2008 8:20 AM
To: Esther Gesick
Subject: FW: Marilyn Bunn Deed
Attachments: Marilyn Bunn Deed 12-23-08.pdf; Exhibit A.pdf
Marilyn Bunn Deed Exhibit A.pdf(276
12-23-08.pdf... KB)
Please put this on for Monday. "Accept Special Warranty Deed from Lowell Three, LLC and
Lowell Four, LLC -- Donation for Poudre River Trail. "
Thanks!
Original Message
From: Fred L. Otis (mailto:flotis@nocolegal.com]
Sent: Tuesday, December 23, 2008 4 :04 PM
To: Bruce Barker
Subject: FW: Marilyn Bunn Deed
Here is Exhibit A. f
From: Fred L. Otis [mailto:£lotis@nocolegal.com]
Sent: Tuesday, December 23, 2008 4:00 PM
To: Barker, Bruce (bbarker@co.weld.co.us)
Cc: Ketterling Michael (Mike) (mketterling@kbnengineers.com) ; Virginia Lightsey
Subject: Marilyn Bunn Deed
Bruce, attached is a copy of the Bunn Deed. I will have the original delivered to your
office tomorrow. I assume we are on schedule to have this accepted by the Commissioners
and recorded in the Clerk and Recorder's records before the end of the year. Thanks for
your help. Fred
Fred L. Otis
Attorney at Law
Otis, Coan & Peters, LLC
1812 56th Avenue
Greeley, Colorado 80634
Telephone: 970-330-6700
Fax: 970-330-2969
The information contained in this e-mail is privileged and confidential information,
intended for the use of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone at (970)330-6700 or
09M) 1
n5 - 3703
reply by e-mail and delete or discard the message. Although this e-mail and any
attachments are believed to be free of any virus or other defect that might affect any
computer system into which it is received and opened, it is the responsibility of the
recipient to ensure that it is virus free and no responsibility is accepted by Otis, Coan
& Peters, LLC.
2
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SPECIAL WARRANTY DEED
THIS DEED is dated December 19 .2008, and is made between Lowell
Three, LLC and Lowell Four, LLC (whether one, or more than one), the
"Grantor",of the County of Weld and State of Colorado,and County of Weld,a
political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, the "Grantee," whose legal
address is 915 10h Street,Greeley,CO 80632 of the County of Weld and State
of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS, ($ 10.00), the receipt and
sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and
the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the
County of Weld and State of Colorado,described as follows:
A public right-of-way for use by pedestrians and non-motorized vehicles, being more particularly described in the
attached Exhibit A, subject to the terms and conditions set forth in the December 22, 2005 Agreement for Donation of
Property for Poudre River Trail, recorded January 25,2006 under Reception No. 3357503 of the Weld County Clerk and
Recorder's records and the June 1, 2006 Amendment to Agreement for Donation of Property for Poudre River Trail,
recorded July 18,2006 under Reception No. 3403889 of the Weld County Clerk and Recorder's records.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversions, remainders,rents, issues and profits thereof,and all the estate,right,title, interest,claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns,
does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above described
premises in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and
every person or persons claiming the whole or any part thereof,by,through or under the Grantor.
IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above.
GRANTOR:
Lowell Three,LLC Lowell Four, LLC
By: sV T ii i.,_J�(11/1/11V` y �Cv,c'7 L - �� �y .i
Its: ,__�-F a � � ^ Its: Alcatel /"t✓
STATE OF
)ss.
County of I Bunn
The foregoing instrument was acknowledged before me this I91 day of December,2008,by Max- l j n /-
as 11'\CU irti' of Lowell Three,LLC.
Witness my hand and official seal.
My commission expires: V\0
f
Notary Public
Y Yj"i 3J� 'c 6
MID 11111 111111 IIII 11111111111 III 11111 IIII IIII
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STATE OF
)ss.
County of .- )
The foregoing instrument was acknowledged before me this/q day of December,2008,by 00 'ricU O- t 4#1/
as ryyut-r�-a-� c� of Lowell Four, LLC.
Witness my hand and official seal.
My commission expires: ...__.
ably
Notary Pub U
1111111 11111 1111 111111 1111111111111 III 1111111111111
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EXHIBIT A
PROPERTY DESCRIPTION
Trail Right-of-Way
A strip of land being portions of Parcel One and Parcel Two as shown on that Land
Survey Plat as prepared by Mr.Edward Berlier LS 10855 as recorded on February 25,
1999 at Reception No.2675598 within the records of the Weld County Clerk and
Recorder,being a portion of the South Half(S1/2)of Section Thirty-four(34),Township
Six North(T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6`"
P.M.),City of Greeley,County of Weld and being more particularly described as follows;
BEGINNING at the Northeast corner of said Parcel One and assuming the East line of
said Parcel One and Parcel Two as bearing South 00°15'43"East a distance of 401.95
feet,as platted,with all bearings contained herein relative thereto;
THENCE South 00°15'43"East along said Fast line a distance of 401.95 feet to the most
Easterly and Southerly corner of said Parcel Two;
THENCE South 55°33'01"West along the Southerly line of said Parcel Two a distance
of 24.18 feet;
THENCE North 00°15'43"West along a line Twenty feet(20')west of as measured at a
right angle to the East line of said Parcel One and Parcel Two a distance of 343.67 feet;
THENCE North 35°17'04"West a distance of 40.17 feet to a line being Thirty feet(30')
south of as measured at a right angle to and parallel with the Northerly line of said Parcel
One;
Thence along said line the following Seven(7)courses;
THENCE South 78°41'36"West a distance of 309.12 feet;
THENCE South 79°54'36"West a distance of 639.26 feet;
THENCE South 75°52'36"West a distance of 109.79 feet;
THENCE South 56°23'36"West a distance of 336.20 feet;
THENCE South 57°43'36"West a distance of 96.81 feet;
THENCE South 33°08'05"West a distance of 54.66 feet;
THENCE South 39°16'05"West a distance of 132.37 feet to the West line of said Parcel
One;
THENCE North 00°19'55"West along said West line a distance of 47.06 feet to the most
Northerly and Westerly corner of said Parcel One;
Thence along the Northerly line of said Parcel One the following Seven(7)courses;
THENCE North 39°16'05"East a distance of 94.50 feet;
THENCE North 33°08'05"East a distance of 59.59 feet;
THENCE North 57°43'36"East a distance of 103.00 feet;
THENCE North 56°23'36"East a distance of 341.00 feet;
THENCE North 75°52'36"East a distance of 116.00 feet;
THENCE North 79°54'36"East a distance of 640.00 feet;
THENCE North 78°41'36"Fast a distance of 358.52 feet to the POINT OF
BEGINNING.
111111 11111 111111 1111111111 11111 111111 III 11111 IIII till
3597771 01/05/2009 12:46P Weld County, CO
3 of 6 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
Sheet 1 of 4
Property Description(continued)
Trail Right-of-Way
Said described strip of land contains 59,476 square feet,more or less(±)(1.365±acres)
and is subject to any rights-of-way of other easements as granted or reserved by
instruments of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
I,Lawrence S.Pepek,a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was .,;.-; d under my personal supervision and checking,
and that it is true and correct t_-.-�• 0 T�.`y owledge,information,belief,and in my
professional o inion. i 6241a.s'14A
X3642 c _OQ
.wrence S.Pepek—on . h IYktif•King S •+_ f ,Inc.
Colorado Registered Professio `1.63
Land Surveyor#33642
KING SURVEYORS,INC.
650 E.Garden Drive
Windsor,Colorado 80550
Phone:(970)686-5011
Fax:(970)686-5821
Project Number:2005521 December 15,2008
N:\2005521\trail_row
111111 11111 111111 MIEN 11111 111111 111 11111 IIII 1lli
3597771 01/05/2009 12:46P Weld County, CO
4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Sheet 2 of 4
Lovelllln..LLD end Laird Fee.arc Prep"*
Trail Right Of Way EXHIBIT A 51/2 Section 34—T.6N.—R.66W.
SHEET 3 OF 4 — -@godhp
POINT OF o 100' 50' 0 100'
BEGINNING Basis of Bearings: n,
S0015'43"E 401.95'
SCALE — 1"=100'
0- 1\
Werl, NO0'15'43"W 343.67'
1 Trail
to 1 N Right-of-Way PARCEL
Land Survey Plat
In I 59,476 sq.ft. \ Feb.2S 1999
en 1 p 1.365±acres Recorded
V) Reception No.2675598
1
N
Lai 1
1° 1-
bn ICI
i V,
-4" 1r:,.-
at 1� \
Z If—
1
1
PARCL1
s a it Land Survey Flat
o I Recorded Feb.2S,1999
y 1 Reception No.2675598
a cc I
c3°6 5O'I"
Niiz•t 1
= =0
V =
= 1
o 1
— N 1 NOTES:
Yt 0 I
—32 1 1. This parcel drawing taken from that Land Survey Plat as
fL > 1 i0 prepared by Mr. Edward Berlier LS10855 os recorded February
CD$ O 1 N 25, 1999 as Reception Number 2675598 of the records of the
"11:co O 6j Weld County Clerk and Recorder.
—r o M
0 I
_ 0 d I O 2. This portion of said Land Survey Plot is only for the
� O 1 purpose of providing a graphic representation of the position
_ of this Trail Right of Way.
o0 1 I
ON 1 3. This exhibit drowing is not intended to be a monumented
oO W 1- land survey. It's sole purpose is as a graphic representation
4TG ° to aid in the visualization of the written property description
Sp O 1 M which it accompanies. The written property description I
CC Tel 1'4 supersedes the exhibit drawing.
_n,D 4 Itn
n,r it 1�
i c, r 1'^
--f7 I.0Z 1
I
1
1
1 LINE TABLE
1 LINE BEARING LENGTH
1 µgfcrit NE L1 S55'33'01'W 24.18'
L2 N3517'04"W 40.17'
L3 S75'52'36"W 109.79'
L4 557'43'36"W 95.81'
Q eo Si9.4),ttt L5 533'0865"W 54.66'
%.,....,.-0 P. •.'t if L6 S3916'05'W 132.37'
� r F-� if L7 N0019'55'W 47.06'
5 � ,: 4 :i LB N3916'05'E 94.50'
t,.F,'. , �� •;' .. � L9 N33'0B'05"E 59.59'
rence S. Pepek — an i'!f.,of King $ ' r•rs, Inc. L10 N5743'36"E 103.00'
olorado •#33642 Registered fessi.af\\\ ` 5= 1.11 N75'52'36"E 116.00'
Land Surveyor
AW
REVISED: December 15, 2008
ICING SURVEYORS, INC. PROJECT NO:2005521
.� P.-.0
� DATE:12-15-2008
,: 650 Garden Drive I Windsor,Colorado 80550 CLIENT:Poudre Trail
\ k . phone:(970)686-5011 I far(970)686-5821 DWG:2005521 bunn—A.dwg
www.kingsurveyorsmm DRAWN:JSA CHECKED:LSP
L Lard Three.uC atl Laval Four.LLC RRvb
Trail Right Of Way EXI IIBIT A S1/2 Section 34—T.6N.—R.66W.
SHEET 4OF4 =
100' 50' 0 100'
NOTES:
1. This parcel drawing taken from that Land Survey Plot as
prepared by Mr. Edward Berlier LS10855 as recorded February SCALE — 1"=100'
25, 1999 as Reception Number 2675598 of the records of the
Weld County Clerk and Recorder.
2. This portion of sold Land Survey Plat is only for the
purpose of providing a graphic representation of the position
of this Trail Right of Way.
3. 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.
1 µ hICHUNE
I
dt
_ FARCP71
`s 1 Laud Surve Plat
D r 1 W Recorded Feb.25,1999
O
- `, Reception Na 2675598
mim oft
—Cl arj
=�N \\
C_ CP
=8 O \sue.
�'CI = t' \`o
\ff• Trail
rm 3 2 �Q ty
Right-of-Way
59,476 sg.1f.
�6'•. 13653 arses LINE TABLE
�im F LINE BEARING LENGTH
N cp \ L1 555'33'01-W 24.18'
��O \L6' L2 N35'17'04•W 40.17'
a of 0 r3' \''v L3 575'52'36'W 109.79'
N 0 '2 \°• L4 357'43'36"W 96.81'
0 �•
's \ L5 S33'OB'OS'W 54.66'
�jp
--0 0 30` L6 S3916'05'W 132.37'
o L7 NO019'55'W 47.06'
0 LB N3916'05.6 94.50'
=—. I
n to CC \\77 L9 N33'OB'OS"E 59.59'
\ L10 N57'43'36'8 103.00'
a_ p <- \ L11 N75'52'36"E 116.00'
m to 0
AL (S
sist
<9 \\(S
(8 '..
L7
VS
I! I. 3 z 1 x;-08
rence S. Pepek — on •-h•F` 1.,King Survey°.�i c.
Colorado Registered Profes-ion.q Jd:•.
Land Surveyor #33642 14�gYq`1pnA= REVISED: December 15, 2008
4- a KING SURVEYORS, INC. PROJECT N0:2005521
DATE: 12-15-2008
,: Pri#1 650 Garden Drive I Wmdsor,Colorado 80550 CLIENT:Poudre Trail
\ phone(970)666-5011 I far(970)686-5821 DWG:2005521bunn—A.dwg
www.kiagsurveyors.com DRAWN:JSA CHECKED:LSP
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