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HomeMy WebLinkAbout20043012.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -TERRY GRAZING ASSOCIATION 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 126 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 Terry Grazing Association, P.O. Box 3170, Cheyenne, Wyoming 82003, 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 126 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 Terry Grazing Association be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of October, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO adb• V V1,L--- Robert D. Masden, Chair r 186 Clerk to the Board Itn17 /� // William H. e, Pro-Tem + �`�i ,,.�� Clerk o the Board QLt6., M. J. Gei e APPR AS TO F . EXCUSED David E. Long unty A ey EXCUSED Glenn Vaad Date of signature: /9frgfry 2004-3012 EG0050 Or : Few /feL, fL //-Dc{-ac' MEMORANDUM CTO: Clerk to the Board DATE: October 4, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Agenda Agreement Concerning Purchase of Right-of-Way with Terry Grazing Association for improvements to WCR 126. Enclosures pc: Leon Sievers M:AFrancieAAgend-l.doc —v y _ Pi T I 1_ - J 2004-3012 268 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 BETWEEN TERRY GRAZING ASSOCIATION AND WELD COUNTY, COLORADO THIS AGREEMENT is made this / day of CC , 2004, by and between Terry Grazing Association, whose address is PO Box 3170, Cheyenne, Colorado 82003, hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS,County finds it necessary to rebuild and improve Weld County Road 126, and WHEREAS, Owner owns the property described in the attached TG Exhibit "A" and TG Exhibit "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: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on TG Exhibit "A" and TG Exhibit "B", attached hereto and hereinafter referred to collectively herein as the"Right-of-Way"for the sum of Three Thousand Four Hundred Twenty Two and no/100 ($3422.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Warranty Deed,free and clear of all encumbrances, except existing easements. Page 1 of 3 Pages 11111111111 MINIM IIII IIIII111111III 11111 IM 1111 3232268 11/02/2004 01:02P Weld County, CO 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder —2 O1"1 -3012 _ • 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 Warranty Deed. 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 2004 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 will reimburse the Owner the sum of Eight Thousand Three Hundred Twenty Five and no/100 ($8325.00) dollars for the removal of the existing fence and to construct approximately 3200 If of new fence along the proposed right-of-way line. 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 AIM 11111 11111 MI O 11111111111 III11111IIII till 3232268 11/02/2004 01:02P Weld County, CO 2 of 9 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: TERRY GRAZING ASSOCIATION eril /4yy Ron Thiel, Member and Manager TAX ID NUMBER: al-D51413 (0 ATTEST: Mdli / BOARD OF COUNTY COMMISSIONERS % OF WELD COUNTY, STATE OF es\\.. I % COLORADO Weld County Clerk to the Br • fu. 'Sal liv By: /`.a e/ �4aSr k._. L . . I BY: k, Wita_. Deputy ler o the Board -arum" Robert D. Masden, Chairman TTESTING TO BOARD OF C' NW ( A 1 1 2004 COMMISSIONER SIGRATDRES 0NLI Page 3 of 3 Pages 111111111111 1111111111111111 11111111111 III all IIII 3232268 11/02/2004 01:02P Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder *c9 30/ • TG EXHIBIT A DEED DESCRIPTION SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL WARRANTY DEED RECORDED MAY 18, 1965 UNDER RECEPTION NO. 1463879 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 19, TOWNSHIP 11 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 THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S00°50'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19; THENCE S89°24'17"W,ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID SECTION 19, 1119.78 FEET; THENCE N56°49'26"W, DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET,AS MEASURED AT RIGHT ANGLES,NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DEFINED IN THAT DOCUMENT RECORDED UNDER RECEPTION NO. 747542 IN THE WELD COUNTY RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUING N56°49'26"W, 17.10 FEET; THENCE N51°05'19"W,99.54 FEET; THENCE N56°49'35"W,2065.63 FEET; THENCE N55°01'30"W, 100.00 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 25 AS DEFINED[N THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE N27°17'02"E,ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 80.50 FEET TO AN ANGLE POINT IN SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE$66°29'15"E,DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 100.00 FEET; THENCE 556°49'35"E,2355.84 FEET TO A POINT ON SAID NORTHERLY BOUNDARY LINE DEFINED UNDER RECEPTION NO. 747542; THENCE S89°24'17"W,ALONG SAID NORTHERLY BOUNDARY LINE DEFINED UNDER RECEPTION NO.747542, 197.81 FEET TO THE POINT OF BEGINNING. CONTAINING 237,360 SQUARE FEET OR 5.4491 ACRES MORE OR LESS. IIIIII VIII VIII IIIIIII IIII VIII IIIIII III VIII IIII IIII 3232268 11/02/2004 01:02P Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • DEED DESCRIPTION SHEET 2 OF 3 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 r' COLORADO REGISTRATION NO.24949, FOR AND ON BEHALF OF: S C3 y1F� A UJ4. C Farnsworth GROUP, INC. : 24949 2696 SOUTH COLORADO BOULEVARD, SUITE 250 " ' t;- DENVER, COLORADO 80222 303-692-8838 if •'•8� �°' '• in. U 1 11111111111 11111 1111111 IIII 11111 111111 III 111111111 1111 3232268 11/02/2004 01:02P Weld County, CO 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TG EXHIBIT A EXHIBIT MAP A kr' / LEGEND: NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO • INDICATES CHANGE IN COURSE ONLY DEPICT THE ATTACHED DESCRIPTION. 3� I \\\\\\111 I I III///// : 24949 .•.o = . / ,zz-o 0 250 500 / m i,' N2717 02 E n I ,1 iv 80.50' SCALE: 1"=500' Z S66'29'15"E I 100.00' OWNER; I TERRY GRAZING z / N./1155'01'30"W `, Ss, R-0-W PARCEL ? Lo, 100.00' g9, 5.44913 ACRES I ocn 699 `3Se EXISTING 60' R-0-W MO z r I 3S REC. NO. 747542 0 c6 N (BOOK 999, PAGE 193) c� EXISTING 60' R-0-W `�1Y• Oi-cn�_ REC. NO. 747542 (BOOK 999, PAGE 193) D ?3 SS Z spec, Bi' o0ce ` 6 . I CITY OF OWNER;ORT COLLINS `` S89'24'17"W N Z N51'05'19"W 197.81' WATER/WASTEWATER UTILITY gg•54' _ _ _ N56'49'26"W 6' - - - 7 56'49'266"W T 17.10' 53.97' 589'24'17"W SOUTH LINE, NORTH HALF, POINT OF 1119.78' SECTION 19, TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. BEGINNING - SOO'50'47'E 2647.88' BASIS OF BEARINGS • OWNER; EAST UNE, SOUTH HALF, SECTION 19, CITY OF FORT COLLINS TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. EXISTING 60' -W WATER/WASTEWATER UTILITY 1889 RESOLUTION (BOOK 86, PAGE 273) SOUTHEAST CORNER, SOUTH 1/2, SEC 19 (SE---0-R .-- I tmeck I P:\2004\304058—weld county\dwg\parcels\EXHB—ROW02.DWG I DATE: 08/25/2004 I Time: 11:42 I Farnsworth COUNTY PUBLIC WORKS DEPARTMENT DrawntNo: 304058.0 915 TENTH ST., GREELEY, CO 80631 Drown by: MCG GROUP Approved: SAD Date: 8-24-04 2696 S.COLORADO BLVD.SUITE 250 R-O-W PARCEL EXHIBIT Revised: DENVER,COLORADO 80222 (303) 692-8838/(303)692-0470 Fax 3 of 3 1111111 11111 11111 111111111II 11111111111 III 11111 lIII IIII 3232268 11/02/2004 01:02P Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TG EXHIBIT B DEED DESCRIPTION SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL WARRANTY DEED RECORDED MAY 18, 1965 UNDER RECEPTION NO. 1463879 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 19,TOWNSHIP 11 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 THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S00°50'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19, THENCE S89°24'17"W, ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID SECTION 19, 1119.78 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE SOUTHWESTERLY LINE OF THE PROPOSED NEW RIGHT-OF-WAY PARCEL; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PROPOSED RIGHT-OF-WAY PARCEL THE FOLLOWING FIVE(5)COURSES: 1)N56°49'26"W,DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET,AS MEASURED AT RIGHT ANGLES,NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DEFINED IN THAT DOCUMENT RECORDED SEPTEMBER 25, 1936 UNDER RECEPTION NO. 747542 IN SAID WELD COUNTY RECORDS AND THE POINT OF BEGINNING; 2) CONTINUING N56°49'26"W, 17.10 FEET; 3)N51°05'19"W,99.54 FEET; 4)N56°49'35"W,2065.63 FEET; 5)N55°01'30"W, 100.00 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1)N56°14'28"W, 100.00 FEET: 2)N85°57'28"W,31.84 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL DEFINED UNDER SAID RECEPTION NO. 747542; THENCE ALONG THE NORTHEASTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542 THE FOLLOWING TWO(2)COURSES: 1) S54°50'05"E,2289.82 FEET; 2)N89°24'17"E, 145.67 FEET TO THE POINT OF BEGINNING. CONTAINING 122,870 SQUARE FEET OR 2.8207 ACRES MORE OR LESS. MOM 11111 11111 1111111 IIII VIII 111111 III VIII IIII IIII 3232268 11/02/2004 01:02P Weld County, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • DEED DESCRIPTION SHEET 2 OF 3 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: "JO REGys > Farnsworth GROUP, INC. c` aV`yFN A. bed.?. 2696 SOUTH COLORADO BOULEVARD �cPt• c SUITE 250 :z . 241949 • O DENVER, COLORADO 80222 303-692-8838 J : 8/zS/•• / nuu AIM 11111 11111 1111111 IIII 11111111111 III 11111 IIII IIII 3232268 11/02/2004 01:02P Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TG EXHIBIT B EXHIBIT MAP A ry / LEGEND: NOTE: THIS EXHIBIT DOES NOT REPRESENT A • INDICATES CHANGE IN COURSE ONLY MONUMENTED SURVEY. IT IS INTENDED ONLY TO CS DEPICT THE ATTACHED DESCRIPTION. 4-3 iI I ,���°°,A4011111W%,REc,,,,, zi �o�. A••.0/a//fe,c. - - 24949 �� N85'57'28"W �c^'•• 8/zs/ \ ,Ro / 31.84' �`i' o®500 IrCIIIMII m / N56'14'28"W 11 SCALE: 1"=500' iv 100.00' N55'01'30"W OWNER; 100.00 TERRY GRAZING I- w N w C -..--- t.;‘) . Ss¢ Z °' ASS 9`�S GAP PARCEL 3 w I i cn a 0 149 AR 2.8207± ACRES I w O Z C140 N U D* ' ' Ose. ccLc < Voo0 ci �� �R'O. N51'05'19"W sr- oar l'"N c a � S ? 99.54' Fzo zwE W a:m ��8 �S t n NLj O OO OWNER; :9 GS N56'49 26 W W m o N Z CITY OF FORT COLLINS �� 17.10' WATER/WASTEWATER UTILITY 53.971 '26"W � 53.97' _ _ S89'24'17"W -1119.78' - N89'24'17"E - - - SOUTH LINE, NORTH HALF, J 145.67' POINT OF BEGINNING SECTION 19, TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. 500'50'47'E 2647.88' OWNER; BASIS OF BEARINGS EAST LINE, SOUTH HALF, SECTION 19, CITY OF FORT COLLINS TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. WATER/WASTEWATER UTILITY EXISTING 60' R-O-W 1889 RESOLUTION (BOOK 86, PAGE 273) SOUTHEAST CORNER,__ SOUTH 1/2, SEC 19 (SE COR) I mguillemette I P:\2004\304058—weld county\dwg\parcels\1723-00-0-00-049.DWG I DATE: 08/23/2004 I Time: 1: I r Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT Project No 304058.0 915 TENTH ST., GREELEY, CO 80631 Drawn by: MCG GROUP Approved: SAD Date: 8-24-04 2696 S. COLORADO BLVD.SUITE 250 GAP PARCEL EXHIBIT Revised: DENVER,COLORADO 80222 (303)692-8838/(303)692-0470 Fax 3 of 3 1 111111 11111 11111 1111111 11 11111 111111 III MI MI I'll 3232268 11/02/2004 01:02P Weld County, CO 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder KitL--%:„.„, MEMORANDUM CTO: Clerk to the Board DATE: December 6, 2004 • COLORADO FROM: Keith Meyer, Engineering Division Manager SUBJECT: Submittal for Chair's Signature Warranty Deed with Terry Grazing Association. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M-AFrancieAAgend-Leon.doc -J 1 N (, , Y I'd 19i:q , WARRANTY DEED 64i THIS DEED made this day of .G , 20Gfbetween Terry Grazing Association, of the County of Laramie, State of Wyoming, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 915 10'h Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of THREE THOUSAND FOUR HUNDRED TWENTY TWO AND 00/100, ($3422.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED TG EXHIBIT"A"AND"B" Also known by street and number as Vacant Land, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, 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 grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, easements,restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 11111111111111111111111111111011111111 I I 1111111111 I I I I 3252641 01/13/2005 11:31A Weld County, CO 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. ATTEST: TERRY GRAZING ASSOCIATION • I�l l t i Ron Theil, Member and Manager State of Ore"; ) )ss. County of /,aram;t. ) The foregoing instrument was acknowledged before me this / "day of becembe✓, 20 ,by Terry Grazing Association,Ron Theil, Member and Manager. Witness my hand and official seal. n Notary Public My commission expires: Cap of Stand Wu* Wp *e Camnhekn 2107 1111111 1111 11111 VIII 111111 IIII 1111111 III VIII 1111 IIII 3252641 01/1312006 11:31A Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 deeded property as Public Rights of Way or a Public Highway,pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this ,;10 day of 626244c, / ,2004. ATTEST: Li, .'!! COUNTY OF WELD,A BODY CLERK TO THE BO• '� \ '. �b % CORPORATE AND POLITIC OF THE COUNTY COMMISSI I' ,E' ' • e. 4 % STATE OF COLORADO THE COUNTY OF W g P �V BY: .issir ,L. ••,-- 4S. / / i ' 1. „dr BY: S‘ti79-&ii , \\\\Va_____. Deputy Clerk to the Boa'a.m.ge Robert D. Masden, Chair DEC `% 0 2004 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing' instru nt was acknowledged before me this o�'d e1 day of 44'ta,yn/ 4j ,20(( by Robert D. Masden,Chair,BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. ///� t o;NOTARY��\. Notary Public My commission expire `-.U.PUBLIC /. ..q . . oFatofi?:' My Commission&pins April 10.1000 I IIIIII VIII VIII VIII IIIIII IIII IIIIIII III VIII IIII IIII 3252641 01/ 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder -3i/a- TG EXHIBIT A DEED DESCRIPTION SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL WARRANTY DEED RECORDED MAY 18, 1965 UNDER RECEPTION NO. 1463879 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 19, TOWNSHIP 11 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 THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S00°50'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19; THENCE 589°24'17"W,ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID SECTION 19, 1119.78 FEET; THENCE N56°49'26"W,DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET,AS MEASURED AT RIGHT ANGLES,NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DEFINED IN THAT DOCUMENT.RECORDED UNDER RECEPTION NO. 747542 IN THE WELD COUNTY RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUING N56°4926"W, 17.10 FEET; THENCE N51°05'19"W,99.54 FEET; THENCE N56°49'35"W,2065.63 FEET; THENCE N55°0 1'30"W, 100.00 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE N27°1702"E,ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 80.50 FEET TO AN ANGLE POINT IN SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE S66°29'15"E,DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 100.00 FEET; THENCE 556°49'35"E,2355.84 FEET TO A POINT ON SAID NORTHERLY BOUNDARY LINE DEFINED UNDER RECEPTION NO.747542; THENCE 589°24'17"W,ALONG SAID NORTHERLY BOUNDARY LINE DEFINED UNDER RECEPTION NO.747542, 197.81 FEET TO THE POINT OF BEGINNING. CONTAINING 237,360 SQUARE FEET OR 5.4491 ACRES MORE OR LESS. 111111 III 3262641 0V13/2006 11:31A Weld County, CO 4 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder DEED DESCRIPTION SHEET 2 OF 3 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: yA„ 4No Farnsworth GROUP, INC. =o : 24949 2696 SOUTH COLORADO BOULEVARD, SUITE 250 .-FJ• •g� ��•: DENVER,COLORADO 80222 303-692-8838 �., J i uC- A n 1 1111 1111111111 11111 V I I 11111111 I I 111111 I I I I I I I I 3252641 01/13/2005 11:31A Weld County, CO 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TG EXHIBIT A EXHIBIT MAP A h / LEGEND: NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO • INDICATES CHANGE IN COURSE ONLY DEPICT THE ATTACHED DESCRIPTION. Z„ / zr:.i...--.?:..4vAak A. Ot....e:-.-..- k•io / a� 24949 J /N2717'02"E 0 250 500 iz +3f'j` NI - — .� err- 80.50' SCALE: 1"=500' ev Z S6629'15"E 100.00' OWNER; / TERRY GRAZING z i . 1%155'01'30"WW ,. SS.,. R-0-W PARCEL z 100.00' ¢9, 5.4491± ACRES `'' M - S6g9 `3Se EXISTING 60' R-0—W p z u REC. NO. 747542 0 0 w '.Y (BOOK 999, PAGE 193) c'tn EXISTING 60' R—O—W .� O N c4 REC. NO. 747542 ¢ (BOOK 999, PAGE 193) 2 3SS z V6S6, •BSr' o 0 0 • , n a- o Z S89CITY OF FORT OWNER�COLLINS N51'05'19"W ` 197.81'17 • W WATER/WASTEWATER UTILITY gg54' 7 - - - - N56'49'26"W 56'49'26"W T 17.10 53.97' S89.24'17"w SOUTH LINE, NORTH HALF, POINT OF 111x'76 SECTION 19, TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. BEGINNING SO0'50'47'E 2647.88' BASIS OF BEARINGS OWNER; EAST UNE, SOUTH HALF, SECTION 19, CITY OF FORT COLLINS TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. EXISTING 60' -W WATER/WASTEWATER UTILITY 1889 RESOLUTION (BOOK 86, PAGE 273) SOUTHEAST CORNER,---____ SOUTH 1/2, SEC 19 (SE COR) I tmeck I P:\2004\304058—weld county\dwg\parcels\EXHB—ROW02.DWG I DATE: 08/25/2004 I Time: 11:42 Farnsworth WELD COUNTY PUBLIC WORKS DEPARTMENT Project No: 304058.0 915 TENTH ST, GREELEY, CO 80631 Drown by: MCG GROUP 5 Date:Approved: AD 8-24-04 2696 S.COLORADO BLVD.SUITE 250 R-O-W PARCEL EXHIBIT Revved: DENVER,COLORADO 80222 (303)692-8838/(303)692-0470 Fax 3 of 3 I 11111111111 ill 1111111111111111111111III HIM IIII 3252641 01/13/2005 11:31A Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TG EXHIBIT B DEED DESCRIPTION SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL WARRANTY DEED RECORDED MAY 18, 1965 UNDER RECEPTION NO. 1463879 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 19,TOWNSHIP 11 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 THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S00°50'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19, THENCE 589°24'17"W,ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID SECTION 19, 1119.78 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE SOUTHWESTERLY LINE OF THE PROPOSED NEW RIGHT-OF-WAY PARCEL; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PROPOSED RIGHT-OF-WAY PARCEL THE FOLLOWING FIVE(5)COURSES: 1)N56°49'26"W,DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET,AS MEASURED AT RIGHT ANGLES,NORTHERLY FROM SAID SOUTH LINE,SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DEFINED IN THAT DOCUMENT RECORDED SEPTEMBER 25, 1936 UNDER RECEPTION NO.747542 IN SAID WELD COUNTY RECORDS AND THE POINT OF BEGINNING; 2)CONTINUING N56°49'26"W, 17.10 FEET; 3)N51°05'19"W,99.54 FEET; 4)N56°49'35"W,2065.63 FEET; 5)N55°0 1'30"W, 100.00 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1)N56°14'28"W, 100.00 FEET: 2)N85°57'28"W,31.84 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL DEFINED UNDER SAID RECEPTION NO.747542; THENCE ALONG THE NORTHEASTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542 THE FOLLOWING TWO(2)COURSES: 1)554°50'05"E,2289.82 FEET; 2)N89°24'17"E, 145.67 FEET TO THE POINT OF BEGINNING. CONTAINING 122,870 SQUARE FEET OR 2.8207 ACRES MORE OR LESS. 12IVIIIVIIIVIII1111.11IIII1111111III11110111EIIII 526 g1. R 0111312005 00 2 D 0.00 1 Steve Moreno Clerk& Recorder DEED DESCRIPTION SHEET 2 OF 3 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.2 949,FOR AND ON BEHALF OF: �0.Pp0REG• 1/1o�'' Farnsworth GROUP, INC. ; •ti 'in k% CA 2696 SOUTH COLORADO BOULEVARD - °" - SUITE 250 E : 24949 ; a DENVER,COLORADO 80222 303-692-8838 4j', .•i m..—.••l n‘ AIM 11111 III MEMO 1111 1111111 III 11111 IIII IIII 3252641 01/13/2005 11:31A Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TG EXHIBIT B EXHIBIT MAP A ry / LEGEND: NOTE: This EXHIBIT DOES NOT REPRESENT A • INDICATES CHANGE IN COURSE ONLY MONUMENTED SURVEY. IT IS INTENDED ONLY TO VS DEPICT THE ATTACHED DESCRIPTION. *R I ���\�\11111IIIII/////�/ I O� � REC/ pi6 S v / : C ' /.. p. �" c.-, v 24949 i E. 4, N85'5T28"W sizs/ '\ � .. iZtW I 31.84' `/' •L 0 250 500 � CMfl ` N56'14'28"W jj1 SCALE: 1"=500' 100.00' N55'O1'30"W OWNER; 100.00 TERRY GRAZING W cp- NS s. 0 I -5 Ciro ¢935 GAP PARCEL w v o: a a ¢�O ARC 2.8207± ACRES of W O z o, - Na �S OSo ?win <fl C.) , Lil -.,CC 0 o �� �'o. N51'0519"W ^ o N v) (3o ?II' 99.54' F= Y z Lu � x m OWNER; �89 TSB N56'49'26"W 0 6 8 5 0 z CITY OF FORT COLLINS •S?, 3 17.10' WATER/WASTEWATER UTILITY N56'49'26"W 53.97' _�� 89'24'17"W -1119.78' _ N8924'17"E - _ - ---7SO EC OCN N9, TOWNSHIP HA NORTH, 145.67 LT ' POINT OF BEGINNING S RANGE 67 WEST, 6TH P.M. SO0'50'47'E 2647.88' OWNER; BASIS OF BEARINGS --------- EAST LINE, SOUTH HALF, SECTION 19, CITY OF FORT COLLINS TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. WATER/WASTEWATER UTILITY EXISTING 60' R-O-W 1889 RESOLUTION (BOOK 86, PAGE 273) SOUTHEAST CORNER,- --„ SOUTH 1/2, SEC 19 (SE COR) 0 I rnguillemette I P:\2004\304058—weld county\dwg\parcels\1723-00-0-00-049.DWG I DATE: 08/23/2004 I Tme: 1: I WELD COUNTY PUBLIC WORKS DEPARTMENT Project No: 304058.0 Farnsworth 915 TENTH ST, GREELEY, CO 80631 Drawn by: MCD GROUP Approved: SAD Date: 8-24—04 2696 S. COLORADO BLVD.SUITE 250 DENVER,COLORADO 80222 GAP PARCEL EXHIBIT Revised: (303)692-8838 /(303)699-na7n Fnv 3 of 3 1 111 11111 1111111111 11111 11111111111 11111 1111111111 III I 3262641 01/13/2005 11:31A Weld County, CO 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ra at MEMORANDUM Wfige TO: Clerk to the Board DATE: December 6, 2004 COLORADO FROM: Keith Meyer, Engineering Division Manager tifP SUBJECT: Submittal for Chair's Signature Warranty Deed with Terry Grazing Association. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:AFrancieAAgend-Leon.doc ,!1 C7 J 7J r `-0X1-30-2- 5 , 1)I6) fh7� 4- Hello