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Home My WebLink About20051057 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY, DEED OF DEDICATION AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - OWENS-BROCKWAY GLASS CONTAINER, INC. 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 Purchase of Right-of-Way, Deed of Dedication and Temporary Construction Easement for Certain Improvements to Weld County Road 23 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 Owens-Brockway Glass Container, Inc.,One SeaGate,Toledo,Ohio 43604,with terms and conditions being as stated in said agreement, deed of dedication and temporary construction easement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,deed of dedication and temporary construction easement, copies of which are 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 Purchase of Right-of-Way, Deed of Dedication and Temporary Construction Easement for Certain Improvements to Weld County Road 23 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 Owens-Brockway Glass Container, Inc., be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2005-1057 EG0052 CY i°w; A--7 O54/ --C S-" AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY, DEED OF DEDICATION AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23 PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 28th day of March, A.D., 2005. BOARD OF COUNTY COMMISSIONERS JG�/`Lj/I�yty�D,��/'�/17�//A�/////// //// WELDLCOUNNTY, COLORADO A T: " / William H. rke, Chair •r' :, , ��erk to the Board ISM t �' �� M. J. Geile, Pro-Tem to the Board EXCUSED S'ffie p. David L ng �� J AP' o-. �!'iAST9< ��V " Robert D. Masden ounty Attorney EXCUSED Glenn Vaad Date of signature: /v/6'5— 2005-1057 EG0052 rtictLs :Hs MEMORANDUM CTO: Clerk to the Board DATE: March 22, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way; Deed of Dedication; and Temporary Construction Easement for improvements to WCR 23 with Owens-Brockway Glass Container. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc 2005-1057 789 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23 BETWEEN OWENS-BROCKWAY GLASS CONTAINER, INC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 2a day of MY# c\ ,2005,by and between Owens- Brockway Glass Container, Inc., whose address is One SeaGate, Toledo, Ohio 43604, 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 23, and WHEREAS, Owner owns the property described in the attached Exhibit "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 on Exhibit"A",attached hereto and hereinafter referred to herein as the"Right-of- Way"at no cost to the County. 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 Page 1 of 3 Pages 111111111111 11111 1111 111111111111111111 III VIII 11111111 3275789 04/08/2005 03:05P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 711✓ /Os7 Right of Way,including oil and gas,and shall also retain any water rights currently attached or associated with the Right of Way. 3) County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 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 2005 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) Owner agrees to grant to County a Temporary Construction Easement for all that property as shown herein as Easement Exhibit "A". Owner agrees to grant said easement by using substantially the Temporary Construction Easement form as attached hereto.Owner agrees to grant this Temporary Construction Easement at no cost to the County. 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. Page 2 of 3 Pages 11111111111111111 IIII 111111 111111 111111 III 11111 IIII IIII 3275789 04/08/2005 03:05P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWENS-BROCKWAY GLASS CONTAINER, INC. es W. Baehren, Senior Vice President ATTEST:iitedead / BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF 1Ce �y COLORADO Weld County Clerk to ro F, �� Iasi t By: BY:BY: rJl//2-v Deputy Clerk to the William H. Jerke, Chairman ♦a►I 3/28/2005 Page 3 of 3 Pages AIM 11111 MIMEO 111111111111 III 11111 IIII IIII 3275789 04/08/2005 03:05P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder °W S'-/2'517 EXHIBIT A PROPERTY DESCRIPTION (1 of 2) A parcel of land being part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section Twenty-five (25), 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, and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 25, and assuming the West line of said NW 1/4 NW 1/4 as bearing South 00°19'09" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 1319.29 feet with all other bearings contained herein relative thereto: THENCE South 00°19'09" East along said East line a distance of 454.84 feet; THENCE North 89°40'51" East a distance of 30.00 feet to the East Right-Of-Way (ROW) of Weld County Road No.23 (WCR23), said point being the POINT OF BEGINNING, said point also being the beginning point of a curve, said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 110.15 feet, said curve having a radius of 605.00 feet, a central angle of 10°25'55" and a long chord bearing South 05°32'06" East a distance of 110.00 feet to a Point of Tangency (PT), said PT being Ten (10) feet, as measured at a right angle, East of said East ROW; THENCE South 00°19'09" East along a line being 10 feet East of and parallel with said East ROW a distance of 228.26 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the Northeast a distance of 638.29 feet, said curve having a radius of 525.00 feet, a central angle of 69°39'36" and a long chord bearing South 35°08'57" East a distance of 599.70 feet to the North ROW of Weld County Road No. 64 % (WCR64 %) as established by the Board of County Commissioners in Road Book 3 at Page 14; THENCE South 89°01'28" West along said North ROW and along a line being non-tangent to aforesaid curve a distance of 352.54 feet to said East ROW; THENCE North 00°19'09" West along said East ROW a distance of 834.11 feet to the POINT OF BEGINNING; Said parcel contains 1.254 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 CERTIFICATE 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 and belief. Charles B. Jones-O rs, Inc. "ire Colorado Registere ssi�nal r / / Land Surveyor#22098 KING SURVEYORS, INC. • 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2003156-I 111111111111 111II IIII EMI 111111 1111111111111111111111 3275789 04/08/2005 03:05P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder L:\2003156-I\legal descriptions\O1-ROW-LEGAL-DESC.doc Last printed 2/10/2005 1:33 PM RIGHT-OF-WAY OWENS-BROCKWAY GLASS CONTAINER, INC NWY4 NM SEC. 25, T.6N., R.67W. (2 OF 2) I I NORTHWEST CORNER I I i I 1 Pi 1 SEC. 25, T.6N., R.67W. I 1 1 POINT OF BEGINNING 1 1 `s. I 1 1 1 I 0 I Id, I IS, L —4-w-4-.4— 0' R.O.W. -4- x-30' R.O.W. I CURVE TABLE cm CURVE LENGTH RADIUS DELTA CHORD CH BEARING m CO c Cl 110.15' 605.00' 10'25'55" 110.00' SO5'32'06"E N I I C2 638.29' 525.00' 69'39'36" 599.70' S35'08'57"E N r IL1 '-I TRUE POINT LINE TABLE 1? 0 I OF BEGINNING LINE BEARING LENGTH O W ^ L1 N89'40'51"E 30.00' -11 y 1/4. , L2 SOO'19'09"E 228.26' _ %n II. L3 589'01'28"W 352.54' fr1 E L4 NO0'19'09"W 834.11' Z (n r Zs' o) N z o I I -PS LO V OWeNS-BAOC IVAT o CLAKICOJVT,9/IVAX INC. m qiimb REC NO. Of/O7S21 I I 0 ThII Z N N S I 60' APPARENT O PRESCRIPTIVE ROAD R.O.W. r 60' ROAD R.O.W. L1 ROAD K 3, PAGE 14 1.254 acres NORTHBOOWEST SIXTEENTH CORNER L3 - - - -SECTION 25, T.6N., R.67W. + SECTIONS 25 & 26,NORTH SIXTEENTH CORNER - - - - -__ -__ -__ T.6N., R.67W. _ _ - WELD COUN7YROADNO. 643/4 I 131217151711819110141/01811/121001151310131:101 1111115111111111111 III 11111 Ill till 32 5 of 5 R 0.00 D 0.00 Steve Morena Clerk C& Recorder /� ��+O RA •�� (/ v�:1.... . Charles B. Jon:: — +' :eh. • . %veyors, Inc. 4 := •i qq��)� •O 11 21 i / 1,e C(%� • 200 100 O 200 /0 // � • Colorado •Regis dim • .fessi.n•I f 1"= 200' Land Surveyor #2,''.�'NA( LAND_: 1YING SURVEYORS; INC. PROJECT NO:2003156-I k►� 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 02/10/2005 �ur NEERS PHONE: (970) 686-5011 FAX: (970) 686-5821 DWGNEXH B T EOGNGION-SITE WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: CBJ 19i DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Owens-Brockway Glass Container, Inc., whose address is One SeaGate, Toledo, Ohio 43604, being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit"A", do hereby dedicate forever said property as parts of a public highway,pursuant to Colorado Revised Statute 43-2- 201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right-of-Way, including oil, gas and any and all water rights currently attached or associated with the Right-of- Way. OWENS-BROCKWAY SS CONTAINER, INC. By: J e W. Baehren, Senior Vice President STATE OF OM) ) ) ss. COUNTY OF LUCAS ) The foregoing instrument was acknowledged before me this 21st day of MARCH , 20O5, by Owens-Brockway Glass Container, Inc., James W. Baehren, Senior Vice President. .s. Witness my hand and official seal. r . ;a,. I�� J � J i No lic My commission expires: CRAIG J. VAN HORSTEN Attorney • At - Law Notary Public.State of Ohio My commission has ao expiration date. Section 147.03 LC. Page 1 of 2 pages 1111111 11111 IIIII IIII 111111111111 111111 III IIIII IIII IIII 3275791 04/08/2005 03:05P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 070Gs-/157 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 28th day of March , 20 05 ATTEST: iiteditliVeteh COUNTY OF WELD, A BODY CLERK TO THE BOARD CORPORATE AND POLITIC OF THE COUNTY COMMISSIO 1 La STATE OF COLORADO THE COUNTY OF W iabi 4 BY: 4l ;�•�/ter , ��.� BY: t_Thd-L.„-X Deputy Clerk to the Bow �� William H. Jerke, Chair, 3/28/2005 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thisnday of /nr 200 y,by William H. Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OFT E COUNTY OF WELD. Witness my hand and offici e�]rR. PUe" F SHARON ' KAHL . Public My commission expires: A9��•,,,. .,..: .,. My Comm/ssion ifaxaie 2 of page U08 11111111111111111III! 111111111111111111 �� 1111111111111 3275791 04/08/2005 03:05P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &ices-/4- EXHIBIT A PROPERTY DESCRIPTION (1 of2) A parcel of land being part of the Northwest Quarter of the Northwest Quarter(NW1/4 NW1/4) of Section Twenty-five (25), 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, and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 25, and assuming the West line of said NW1/4 NW1/4 as bearing South 00°19'09" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 1319.29 feet with all other bearings contained herein relative thereto: THENCE South 00°19'09" East along said East line a distance of 454.84 feet; THENCE North 89°40'51" East a distance of 30.00 feet to the East Right-Of-Way (ROW) of Weld County Road No..23 (WCR23), said point being the POINT OF BEGINNING, said point also being the beginning point of a curve, said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 110.15 feet, said curve having a radius of 605.00 feet, a central angle of 10°25'55" and a long chord bearing South 05°32'06" East a distance of 110.00 feet to a Point of Tangency (PT), said PT being Ten (10) feet, as measured at a right angle, East of said East ROW; THENCE South 00°19'09" East along a line being 10 feet East of and parallel with said East ROW a distance of 228.26 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the Northeast a distance of 638.29 feet, said curve having a radius of 525.00 feet, a central angle of 69°39'36" and a long chord bearing South 35°08'57" East a distance of 599.70 feet to the North ROW of Weld County Road No. 64 % (WCR64 %) as established by the Board of County Commissioners in Road Book 3 at Page 14; THENCE South 89°01'28" West along said North ROW and along a line being non-tangent to aforesaid curve a distance of 352.54 feet to said East ROW; THENCE North 00°19'09" West along said East ROW a distance of 834.11 feet to the POINT OF BEGINNING; Said parcel contains 1.254 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 CERTIFICATE 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 and belief. Charles B. Jones-O ;: v in sy' "�.rs, Inc. Colorado Registere� . ssi.n.l S Land Surveyor#22098 // KING SURVEYORS, INC. ITC 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 131217151711911115111110E I'll'VIII IIII IIIIII IIIIII III III VIII 1111 IIII JN: 2003156-1 3275791 04108/2005 03stev Weld County, & 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder L:\2003156-I\legal descriptions\OI-ROW-LEGAL-DESC.doc Last printed 2/10/2005 1:33 PM RIGHT-OF-WAY OWENS-BROCKWAY GLASS CONTAINER, INC NWY4 NWY4 SEC. 25, T.6N., R.67W. (2OF2) NORTHWEST CORNER II I I it SEC. 25, T.6N., R.67W. I I I, POINT OF BEGINNING II I I - - — — r' H I o I ICI I Ica L J -el r4I--.-30' R.O.W. x-30' R.O.W. a I CURVE TABLE a I' CURVE LENGTH RADIUS DELTA CHORD CH BEARING N 03 a II Cl 110.15' 605.00' 10'25'55" 110.00' 505'32'05"E Ely I I I J C2 638.29' 525.00' 69'39'36" 599.70' 535'08'5Y"E w kil Z p I L1 0FUBEG NE IN NG NT LINE TABLE P1 T1 I LINE BEARING LENGTH 0 w r� L1 N89'40'51"E 30.00' 2. ` L2 500'19'09"E 228.26' X " ' L3 589'01'28"W 352.54' P F lc�i L4 N00'19'09"W 834.11' Z N * I I tjr 1„ Z o 1 1 .? (O O I OWE45 AROCAJMJ' o o t CLASSCONTA/NBA INC. (A m 1, AWC NO. 0.1107121 m . I I 2Ntill N `° I U) 60' APPARENT O� PRESCRIPTIVE ROAD R.O.W. I- -P. 60' ROAD R.O.W. I ROAD BOOK 3, PAGE 14 I I 1 1.254 acres NORTHWEST SIXTEENTH CORNER 1 1_3 SECTION 25, T.6N., R.67W. ' NORTH SIXTEENTH CORNER -- — — — —— — — — — SECTIONS 25 & 26, _ — —_— —_—_ T.6N., R.67W. — WELD COUNT Y ROAD NO 613/4 I 13121 715171191 1110141�t I l l I I I 1111111111111111111 I I 1111111111 III I 3275791 04/08/2005 03:05P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 0 R r;;T Charles B. Joni — Jr :eh• 0 `•Ag •,Iveyors, Inc.t 9‘200 100 0 200 i 2 �i�/ `aJ t Colorado Regis �11%'rofessional • yrrl��•P 1 "= 200' Land Surveyor #2 ,�Pik uaLD 191170 SURVEYORS; INC. PROJECT N0:2003156-I kris_ 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 02/10/2005 CAI CLIENT:KBN ENGINEERS r PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:EXHIBIT-01-0N-SITE WWW.KINGSURVEY0RS.00M DRAWN: MCD CHECKED: CBJ 190 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Owens-Brockway Glass Container Inc., whose address is One SeaGate, Toledo, Ohio 43604, Grantor 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, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for all work necessary for the relocation and reconstruction of an irrigation ditch, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on February 15, 2005, and shall expire and be of no further force or effect on December 31, 2005 or the end of construction, which ever come first. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantor grants this easement at no cost to the Grantee. 6. During the term of this Temporary Construction Easement, the Grantee agrees that it will require its contractors to provide Grantor with a certificate of insurance naming Grantor as an additional-named insured. 1 11111111111111111 1111 111111 111111111111 III IIIII IIII IIII 3275790 04/08/2005 03:05P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o?DD S /D5 IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. OWNER: OWENS-BROCKWAY •ASS CONTAINER INC By: J. e W. Baehren, Senior Vice President STATE OF OtAkta ) )ss COUNTY OF L tACA 5 ) The foregoing instrument was acknowledged before me this 21Sk day of t ,+,00010 ., /1/4440-C.k-k , 2005, by Owens-Brockway Glass Container Inc, James W. Baehren, Vice President. r - Witness my hand and official seal. (1 ^^ : o Note Pu 4 ry• • ;.. ,J My commission expires: CRAIG J. VAN HORSTEN Attorney • At • Law Notary Public. State of Ohio My commission has no expiration date. Section 147.03 R.C. GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: d )". Qo�i ✓` J COUNTY OF WELD, STATE OF J� 1� 186 (, � � COLORADO, GRANTEE �l -7)7/2--L-t' Deputy Clerk to the'`m7 1 William H. Jerke, Chairman, Board of ell County Commissioners. MAR 2 8 ZOOS 2 111111111111111111111111111111111111111 III IIII1 IIII i111 3275790 04/08/2005 03:05P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder duos-/6S7 EASEMENT EXHIBIT A PROPERTY DESCRIPTION (1 of2) A parcel of land being part of the Northwest Quarter of the Northwest Quarter(NW1/4 NW1/4) of Section Twenty-five(25),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, and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 25, and assuming the West line of said NW1/4 NW1/4 as bearing South 00°19'09"East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 1319.29 feet with all other bearings contained herein relative thereto: THENCE South 00°19'09" East along said East line a distance of 454.84 feet; THENCE North 89°40'51" East a distance of 30.00 feet to the East Right-Of-Way(ROW)of Weld County Road No. 23 (WCR23), said point being the POINT OF BEGINNING; THENCE North 00°19'09"West along said East ROW a distance of 130.06 feet; THENCE South 89°47'50"East a distance of 11.38 feet; THENCE South 00°12'10"West a distance of 20.00 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 45.64 feet, said curve having a radius of 190.00 feet, a central angle of 13°45'48"and a long chord bearing South 06°40'44" East a distance of 45.53 feet to a Point of Tangency(PT); THENCE South 13°33'38"East a distance of 54.87 feet to a PC; THENCE along the arc of a curve which is concave to the West a distance of 49.70 feet, said curve having a radius of 210.00 feet, a central angle of 13°33'37"and a long chord bearing South 06°46'49"East a distance of 49.59 feet to a PT; THENCE South 00°00'00"East a distance of 313.05 feet to a PC; THENCE along the arc of a curve which is concave to the Northeast a distance of 424.91 feet, said curve having a radius of 470.00 feet, a central angle of 51°47'58"and a long chord bearing South 25°53'59"East a distance of 410.59 feet; THENCE South 41°06'07"West along a line being non-tangent to aforesaid curve a distance of 22.22 feet to the beginning point of a curve, said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the Northeast a distance of 455.13 feet, said curve having a radius of 525.00 feet, a central angle of 49°40'13"and a long chord bearing North 25°09'15"West a distance of 441.01 feet to a PT; THENCE North 00°19'09" West a distance of 228.26 feet to a PC; THENCE along the arc of a curve which is concave to the West a distance of 110.15 feet, said curve having a radius of 605.00 feet, a central angle of 10°25'55"and a long chord bearing North 05°32'06"West a distance of 110.00 feet to the POINT OF BEGINNING; Said parcel contains 19,670 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 CERTIFICATE 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 and belief. �Pp0 R Charles B. Jones-On :1 alf,E in: ur% rs, ' c. • tin; 12 • Colorado Registered '�1� ;jonal tp Land Surveyor#22098 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 I IIIIII VIII VIII IIII IIIIII IIIIII IIIIII III VIII IIII IIII (970) 686-5011 3275790 04/08/2005 03:05P Weld County, CO JN: 2003156-I 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder L:\2003I56-I\legal descriptions\OI-ESMT-LEGAL-DESC.doc Last printed 2/10/2005 2:50 PM RIGHT-OF-WAY OWENS-BROCKWAY GLASS CONTAINER, INC NWY4 NWY4 SEC. 25, T.6N., R.67W. " (2 OF 2) • II NORTHWEST CORNER 1 I I I, SEC. 25, T.6N., R.67W. I I I I I POINT OF BEGINNING I I L_LJ - - - I I- - - -I -I 1 I H LINE TABLE I r o0 I LINE BEARING LENGTH Q L1 — N89'40'51"E _ ° 30.00' I I L5 N00'19'09"W 130.06' Ic(2 I I L6 589'47'50"E 11.38' L J —1'1rnl--30' R.O.W. L7 S00'12'10"W 20.00' -a- x-30' R.O.W. L8 513'33'38"E 54.87' I I L9 SOO'00'00"E 313.05' L6 i L10 541'06'07"W 22.22' C3 L11 N00'19'09"W 228.26' N D r i- -4 W• I u' I I L8 LT- to , TRUE POINT z p I L7 OF BEGINNING m m o '1 C4 CURVE TABLE _ O CURVE LENGTH RADIUS DELTA CHORD CH BEARING Z I C3 45.64' 190.00' 13'45'48" 45.53' 506'40'44"E Z S./) I r C4 49.70' 210.00' 13'33'37" 49.59' 506'46'49"E C5 424.91' 470.00' 51'47'58" 410.59' 525'53'59"E r- CDC6 455.13' 525.00' 49'40'13" 441.01' N25'09'15"W Z0 I I l C7 110.15' 605.00' 10'25'55" 110.00' N05'32'06"W (.o O OWLNS-n./[Veal Y 0 t CLASSCONTAINLR, INC. in m I A' C. NO. 0.9.107.521 0N O I I 19,670 sq.ft. Z i..3 ti l I N X 0 I �LP to CP 60' APPARENT PRESCRIPTIVE ROAD R.O.W. 60' ROAD R.O.W. ROAD BOOK 3, PAGE 14 I I I �O - - NORTHWEST SIXTEENTH CORNER - - - - - - SECTION 25, T.6N., R.67W. L4plirli,NORTH SIXTEENTH CORNER — — — — — — — SECTIONS 25 & 26, — — — — T.6N., R.67W. WELD COUNTYROADNO. 643/4 I 1 111111 11111 11111 11 111111 111111 111111 III VIII IIII 1111 3275790 04/08/2005 03:05P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Charles B. Jones •r �eh.r`o yors, Inc. •CJ z�200 100 0 200 /!/ eJ �� - • �- Colorado Registe �:,1;��fessi•n.l 1 "= 200' Land Surveyor #220��.�\ ''• � ''_ % 1YINC SURVEYORS, INC. PROJECT NO:2003156-I k►t., 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 � DATE: 02/10/2005 A� CLIENT:KBN ENGINEERS PHONE: (970) 686-5011 FAX: (970) 686-5821 I WWW.KINGSURVEYORS.COM DWG:EXHIBIT-CI-ON-SITE DRAWN: MCD CHECKED: CBJ Hello