HomeMy WebLinkAbout20031041.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39, AND TEMPORARY
CONSTRUCTION EASEMENTS #1 AND#2, AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - MARCUM MIDSTREAM 1995-2 EC HOLDINGS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the
Purchase of Right-of-Way for Certain Improvements to Weld County Road 39, and a
Temporary Construction Easement, 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 Marcum Midstream 1995-2 EC Holdings, LLC, 303 East 17th Avenue,
Denver, Colorado 80203, with terms and conditions being as stated in said agreement and
temporary easements, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
temporary easements, 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 the Purchase of Right-of-Way for
Certain Improvements to Weld County Road 39, and Temporary Construction Easements #1
and #2 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 Marcum
Midstream 1995-2 EC Holdings, LLC, 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.
2003-1041
EG0047
00Pc-0, Anit_
RE: AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 39, AND TEMPORARY CONSTRUCTION
EASEMENTS #1 AND #2 - MARCUM MIDSTREAM 1995-2 EC HOLDINGS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28h day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELOUJ, CORQDO
ATTEST: Lc! /�.,.' / Vccc
`David E. Long, Chair
Weld County Clerk to the ' ..
• XCUSED
�} obert D. asden, Pro-Te
BY:
4-1
Deputy Clerk to the Bo k;.{` ,��
. J. Geile
AP R D TO ORM: H Jeh
Willia
H. Jerke
u At omey
Glenn Vaad
Date of signature:
2003-1041
EG0047
ret
cc
806
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 39 BETWEEN MARCUM MIDSTREAM 1995-2 EC HOLDINGS.
LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this ILL day of iihrilt L ,2003.by and between Marcum
Midstream I995-2 EC Holdings, L.LC,. a Delaware limited liability company, whose address is 303
E. 17th Avenue, Denver, Colorado, 80203, 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 the intersection at Weld
County Road 39 and 40, 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" for the sum of Seven Hundred Fifty and no/100($750.00) dollars.
This consideration is being offered in lieu of condemnation.
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication. Right of
Way was previously reserved by roadway purposes on Recorded Exemption 1055-32-
2-RE 3308, as found in the office of the Clerk and Recorder,Weld County, Colorado.
Initial
Page 1 of 3 Pages
111111111111111111111111111 ���� 11111111III11111IIIIIII!
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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 Right-of-Way shall be the date of the delivery
of the documents of conveyance,it is expressly agreed by the patties 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.
6. General taxes for the year 2003 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.
7. County will remove approximately 388 If of existing fence that is located along the
east right of way line of Weld County Road 39 and construct a new fence along the
new right of way line. The new fence will be a 4 strand barbed wire fence with steel
posts set at approximately every 16 feet with a wood post set for every 4'h steel post.
8. County will remove approximately twelve trees that are located within the new right
of way and will reimburse the Owner the sum of Twelve Hundred and no/100
($1200.00) dollars for the removal of these trees.
9. County will remove the existing driveway on Weld County road 39 that is located in
the northwest corner of the Northwest One-Quarter of Section 32,Township 4 North,
Range 65 West. Owner to grant a 30' wide Temporary Construction Easement in
favor of County for the removal and grading of the existing driveway and for the
removal of the twelve trees. The Temporary Construction Easement is shown on the
attached Exhibit Map A. County to reimburse the Owner the sum of Three Hundred
Fifty and no/100 ($350.00) dollars for the grant of this Temporary Construction
Easement.
Inilia�"��
Page 2 of 3 Pages
111111 11111 1111111 IIII IIII III' 11111111 III 11111 1111 IIII
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10. Owner to grant a 90' x 200' Temporary Construction Easement in favor of County
for the construction of a new driveway along the south right of way line of Weld
County Road 40, The Temporary Construction Easement is shown on the attached
Exhibit Map A. County to reimburse the Owner the sum of Three Hundred Fifty and
no/100 ($350.00) dollars for the grant of this Temporary Construction Easement.
Owner will grant a Permanent Access Easement, in favor of the adjacent property
owner, at the same location as this Temporary Construction Easement, to allow
access to adjoining property.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to
and be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
MARCUM MIDSTREAM 1995-2 EC HOLDINGS, LLC
by: Marcum Midstream 1995-2 Business Trust,its Manager
by:Marcum Gas Transmission,Inc.,its Managing Trustee L_\)\' (kikt,A./Ar \, ,L_b _c a--, Daniel J. Pa :ard, President
TAX ID NUMBER:
csd"l - ( 3 ill q
ATTEST: MANI BOARD OF COUNTY COMMISSIONERS
'a OF WELD COUNTY, STATE OF
/ COLORADO
Weld County Clerk to th d t , itzi
1 `17
BY: Z47
Deputy Clerk to the. Board David E. Long, Chaim
(4-‘2F-auO3>
Page 3 of 3 Pages
HBO 11111 1111111 IIII IIII IIII 11111111 III MHO IIII
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 32, Township 4 North, Range
65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northwest corner of said Section 32, from whence the West Quarter corner
of said Section 32 bears S00°19'40"E, with all bearings contained herein relative thereto; thence
S45°15'42"E a distance of 42.48 feet to the south right of way line of Weld County Road 40, the
east right of way line of Weld County Road 39 and the POINT OF BEGINNING; thence
N89°48'16"E along said south right of way line a distance of 51.11 feet; thence S54°03'04"W a
distance of 50.57 feet; thence S00°19'40"E a distance of 368.22 feet to the South line of Lot A,
Recorded Exemption 1055-32-2-RE 3308 as recorded in the office of the Clerk and Recorder,
Weld County, Colorado; thence N48°29'13"W along said South line a distance of 13.42 feet to
the east right of way line of Weld County Road 39; thence N00°19'40"W along said east line a
distance of 388.84 feet to the POINT OF BEGINNING, and containing 0.104 acres, more or less.
The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and is based on survey information provided by Alles and Associates, Inc. 428
N. 2"d Street, LaSalle, Colorado 80645.
111111111111 1111111IIIIIIII IIII 1111111111111111111B
11111 IIII IIII
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EXHIBIT MAP A
EXISTING
NW Cor N89'48'16"E 30' ROW N1/4 Cor
Sec 32-4-65 /51.11' Sec 32-4-65
589'48'16"W
239.88'
200.00'
545'15'42"E I { I
42.48'
554.03'04"W of 90'X200' TEMP. CONST. to
50.57' o o' EASEMENT AND PERM. I
ACCESS EASEMENT o'
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200.00'
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EXISTING ,p
30' ROW ( OGly
\\! N48'29'13"W o1*.
13.42' It%
J3
W1/4 Cor • OB
Sec 32-4-65
0 50 100 200 f L
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
oesi0N WELD COUNTY ROAD 39 DEED DRAWN DESCRIPTION 1 D
DATE FEBRUARY 13, 2003 EXHIBIT MAP
TEMPORARY CONSTRUCTION EASEMENT #1
A Temporary Construction Easement between Marcum Midstream 1995-2 EC Holdings,
LLC, a Delaware limited liability company, whose address is 303 E 17`h Avenue, Denver,
Colorado 80203, (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 10th Street
Greeley, Colorado 80631, (Grantee). Said Temporary Construction Easement is for the grading
and shaping necessary to remove an existing driveway and for access to remove approximately
12 trees, located in the northwest corner of Section 32, Township 4 North, Range 65 West. This
grading and shaping and access is part of the construction of improvements to the Weld County
road 39-40 intersection, and will take place in and to, over, under and across the following
described land:
The East 30.00 feet of the West 70.00 feet of Lot A, Recorded Exemption 1055-32-2-RE
3308 and located in Section 32, Township 4 North, Range 65 West of the Sixth Principal
Meridian, County of Weld, State of Colorado. See attached Exhibit Map 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 March 15, 2003, and
shall expire and be of no further force or effect on December 31, 2003.
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 reseed the area disturbed to a level comparable to
its 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 and shall run with the land.
5. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100
($350.00) dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 pages
1 111111 11111 1111111 11111111111 1111111111111 ‘1111111
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„O3 bill
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 l and assigns of the respective parties hereto.'T
Dated this I day of(li��I l_ , 2003.
OWNER:
MARCUM MIDSTREAM 1995-2 EC HOLDINGS, I,I,C
by: Marcum Midstream 1995-2 Business Trust, its Manager
by: MfircurritiasSfransmission, Inc., its Managing Trustee
Daniel J. P ckard, President ,
_ ( .32 ( 14
Tax ED number
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: �� �' ,!' � COUNTY OF WELD, STATE OF
/ss, COLORADO, GRANTEE
11861 c
Deputy Clerk to the B.¢ d *°
y
David E. Long, Ch_a:LE airm , Board of County
` , Commissioners. (y- -two 3)
Page 2 of 2 pages
MID 11111 1111111 IIII IIII IIII 111111II III IIII1 IIII I'll
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X003--/09/
EXHIBIT MAP A
EXISTING
NW Cor N89'48'16"E 30' ROW N1/4 Cor
Sec 32-4-65 51'11 Sec 32-4-65
!/// 589'48'16"W
239.88' c
M 200.00'
545'15'42"E I 4 x
42.48'
554'03'04"W ooI 90'X200' TEMP. CONST. Io
a 50.57' o EASEMENT AND PERM. Io
m o' ACCESS EASEMENT 0f
to) I J
3 200.00'
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" CONSTRUCTION EASEMENT
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3059807 05/06/2003 02:11P Weld County, CO
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EXISTING. ,p
30' ROW OCIA
N48'29'13"W Q
13.42' q�,
J3
W1/4 Cor O4'
Sec 32-4-65
0 50 100 200 J L
ImC 1 r
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
DESIGN WELD COUNTY ROAD 39 DEED
DRAWN DESCRIPTION
DATE FEBRUARY 13, 2003 EXHIBIT MAP
0
TEMPORARY CONSTRUCTION EASEMENT #2
A Temporary Construction Easement between Marcum Midstream 1995-2 EC Holdings,
LLC, a Delaware limited liability company, whose address is 303 E. 17th Avenue, Denver,
Colorado 80203, (Grantor) and the County of Weld, a body corporate and politic of the St ate of
Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street
Greeley, Colorado 80631, (Grantee). Said Temporary Construction Easement is for the grading
and shaping necessary to construct a new driveway located in the Northwest One-Quarter of
Section 32, Township 4 North, Range 65 West. This grading and shaping is part of the
construction of improvements to the Weld County road 39-40 intersection, and will take place in
and to, over, under and across the following described land:
The South 90.00 feet of the North 120.00 feet of the East 200.00 feet of the West 439.88
feet of Lot A, Recorded Exemption 1055-32-2-RE 3308 and located in Section 32,
Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld,
State of Colorado. See attached Exhibit Map 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 March 15, 2003, and
shall expire and be of no further force or effect on December 31, 2003.
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 reseed the area disturbed to a level comparable to
its 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 and shall run with the land.
5. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100
($350.00) dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 pages
111111 fill 1111111 IIIII ILIUM IIIII 3059808 05/06/2003 02:11P Weld County, CO
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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.
Dated this I cl day of O—!t_ , 2003.
OWNER:
MARCUM MIDSTREAM 1995-2 EC HOLDINGS, LLC
by: Mar •um Midstre 1995-2 Business Trust, its Trustee
by: M cum Gas Tr smission, Inc., its Managing Trustee
sc
Daniel J. Packard, President
Tax ID number
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ateuI�,I�"1
ATTEST: ��,f I'4/ /� COUNTY OF WELD, STATE OF
�J OLORADO, GRANTEE
*� �J `f " 1 David
DeputyClerk to the : . .r �'� E. Long, Chairr?i Board of County
�� ' 1` v, Commissioners. (y- g(7J3,
11311311311111 III till 1tic III193Ill
3069808 06/06/2003 02:11P Weld Counly, C0
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epoo'3 -10YI
EXHIBIT MIA P A
EXISTING
NW Cor N89'48'16"E 30' ROW N1/4 Cor
Sec 32-4-65 /51'11 Sec 32-4-65
!/// 589'48'16'W
239.88'
0
545'15'42"E "� 200.00'
42.48' I I
554'03'04"W of 90'X200' TEMP. CONST. Io
0 50.57' o EASEMENT AND PERM. Io
co O1cci
ACCESS EASEMENT O1
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3 200.00'
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30' ROW OG.
At
N48'29'13"W e,
13.42' 4
13
WI/4 Cor 0Ci
Sec 32-4-65
0 50 100 200 —.1_
I—el nr
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PUT. IT IS INTENDED 70
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
DEEDS WELD COUNTY ROAD 39 DEED 1 1
0".
DESCRIPTION 1 1
DATE rE FEBRUARY 13, 2003 EXHIBIT MAP
a -
MEMORANDUM
�z i
C TO: Clerk to the Board DATE : April 21, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Agenda
Please submit the enclosed item for the Board's approval:
Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 39
with Marcum Midstream 1995-2-EC Holdings LLC.
And
Temporary Construction Easement#1 for the above agreement.
And
Temporary Construction Easement#2 for the above agreement.
The appropriate documentation is enclosed
Enclosures •
pc: Leon Sievers, Right-of-Way Agent
M:\FRANCIE\AGENDA-2.DOC
2003-1041
774
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 23rd day of June , 20 03 •
ATTEST: ,c ce` COUNTY OF WELD, A BODY
CLERK T THE B0 11.sa CORPORATE AND POLITIC OF THE
COUNTY COMMISSI�� i1 STATE OF COLORADO
THE COUNTY OF W
`�
BY: ,//i . !►,__ BY:
Deputy Clerk to the Board David E. Long, Chair, A2 3/O3
BOARD OF COUNTY STONERS
OF THE COUNTY O ELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 23rd day of
June 20 03 by David E. Long, Chair, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF••'i1i. •••..�
Witness my hand and official se(. SHARON I
EKAHL !® //
us :if-
97�: •„... j' blic
. .
My My commission expires: My Commis:1a&pintsIto 15,2000
Ill%11111 1111111\\I\1\\III III 1111111 III 111111111111
3""" 00.00
D 0.00 2Sleve Moreno Clerk& Recorder
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of Section 32, Township 4 North, Range
65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
Commencing at the Northwest corner of said Section 32, from whence the West Quarter corner
of said Section 32 bears S00°19'40"E, with all bearings contained herein relative thereto; thence
S45°15'42"E a distance of 42.48 feet to the south right of way line of Weld County Road 40, the
east right of way line of Weld County Road 39 and the POINT OF BEGINNING; thence
N89°48'16"E along said south right of way line a distance of 51.11 feet; thence S54°03'04"W a
distance of 50.57 feet; thence S00°19'40"E a distance of 368.22 feet to the South line of Lot A,
Recorded Exemption 1055-32-2-RE 3308 as recorded in the office of the Clerk and Recorder,
Weld County, Colorado; thence N48°29'13"W along said South line a distance of 13.42 feet to
the east right of way line of Weld County Road 39; thence N00°19'40"W along said east line a
distance of 388.84 feet to the POINT OF BEGINNING, and containing 0.104 acres, more or less.
The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and is based on survey information provided by Alles and Associates, Inc. 428
N. 2nd Street, LaSalle, Colorado 80645.
11111111111111111111111111111 III 1111111 III 1111111111111
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EXHIBIT 1111 P 14
EXISTING
NW Cor N89'48'16"E 3O' ROW N1/4 Cor
Sec 32-4-65 51.11' Sec 32-4-65
589'48'16"W
239.88 0
1° 200.00'
545'15'42"E 4
42.48'
1-� 554'03'04"W Oo 90'X200' TEMP. CONST. 00
50.57' o EASEMENT AND PERM. I
o
m O1 ACCESS EASEMENT °1
CO
200.00'
0
GI
0
30' TEMPORARY
CONSTRUCTION EASEMENT
N
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W
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1111111 11111 1111111 11111 11111 III 1111111 111 11111 1111 1111
0 3076774 06/25/2003 12:27P Weld County, CO
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EXISTING— Ag
30' ROW �Gpy
N48'29'13"W
13.42' Yp�„
W1/4 Cor 0�
Sec 32-4-65
I
JL
0 50 t00 200 N
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY,
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
°Esise WELD COUNTY ROAD 39 DEED 1 - 1
DESCRIPTION 1
EXHIBIT MAP DATE FEBRUARY 13, 2003
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Marcum Midstream 1995-2 EC
Holdings, LLC, whose address is 303 East 17th Avenue, Denver, Colorado 80203,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.
OWNER:
MARCUM MIDSTREAM 1995-2 EC HOLDINGS, LLC
: Marcu Midstream 1995-2 business Trust, its Manager
: Marcum as Transmission, Inc. its Managing Trustee
ani J. Pa kard, President
STATE OF COLORADO )
) ss.
COUNTY OF Ocxv'1c'( )
_ The foregoing instrument was acknowledged before me this la. day of
Un C , 2063, by Daniel J. Packard, President, Marcum Midstream 1995-2 EC
Holdings, LLC, Owner.
Witness my hand and official seal. L.
*t E 0 7
7e.
,
or 1.4
ary Public e 'p
My commission expires: C5Z11 Lk/03 +, 't 4 gS
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3076774 06/25/2003 12:27P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page I of 2 pages
KieF(
MEMORANDUM
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1
CTO: Clerk to the Board DATE : June 16, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Chair's Signature
Please submit the enclosed item for the Chair's signature.
Deed of Dedication and Acceptance as approved in the Agreement Concerning
Purchase of Right-of-Way for Certain Improvements to WCR 39 with Marcum
Midstream, Document No. 2003-1041.
The appropriate documentation is enclosed
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\FRANCIS\CHAIR-SIGNATURE.DOC
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,RGS IOM /
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