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Home My WebLink About20002291.tiff RESOLUTION RE: APPROVE FOUR AGREEMENTS CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 74 AND 15 WITH VARIOUS PROPERTY OWNERS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with four Agreements Concerning Purchase of Property for Certain Improvements to Weld County Roads 74 and 15 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 the following property owners, with terms and conditions being as stated in said agreements: 1. Harmony Farm, LLC 2. Susan H. Lake 3. James and JoAnn Ochsner 4. 3 Lazy J Ranch, LLP WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 four Agreements Concerning Purchase of Property for Certain Improvements to Weld County Roads 74 and 15 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 the above listed property owners be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. P� gi- poi en, I a rgon?, farm Y'm 9CA5/1�1 �X200 2291 EG0039 FOUR AGREEMENTS CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WCRS 74 AND 15 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLO OUNTY, COLOO DO ATTEST: � � � r•! � .0) Barbara J.�- meyer, Chair ��L Weld County Clerk to the a oar..�/J/�, 1861 4 S-2 � c� ?`_J _ . J. -ile, Pro-Tem BY: �n6� G oi�n► Deputy Clerk to the B .J� �� ' e ' . Baxter AP ED AST*' t;RM: )41-1CgilL6n Dale K. Hall ountt Atto ey EXCUSED Glenn Vaad 2000-2291 EG0039 897 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS #74 and #15; AGREEMENT BETWEEN HARMONY FARM LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 25th day of September ,200o by and between HARMONY FARM LLC, whose address is 5412 E. County Rd. 32E, Ft. Collins, CO 80528, hereinafter referred to as "Owners," 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 the roadway improvements at and near the intersection of Weld County Roads (WCR) 74 and 15, and WHEREAS, Owners own the parcel(s) described in the attached Exhibit "A", hereinafter referred to collectively as "Parcels", and WHEREAS, County needs the Parcels in order to complete the said roadway improvements project, and WHEREAS, said roadway improvements project involves the construction of and reconstruction of the roadway and adjacent drainage improvements for WCR Rds. 74 and 15, and WHEREAS, Owners wish tO cooperate with County in said roadway improvements project. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree to sell and County agrees to purchase the Parcels for the sum of ELEVEN THOUSAND FIFTY-ONE DOLLARS ($11,051.00) (Right-of- Way $6,269.00, Fence S4,782.00). 2. Owners agree to grant the Parcels to County by Deed of Dedication in the form attached hereto as Exhibit B, free and clear of all encumbrances. 3. Whereas Exhibit C (hereinafter referred to collectively as "Plans" and titled Intersection Improvements Plans for WCR 74 at WCR 15, are attached hereto and made a part hereof for the purposes of clarifying and illustrating the work to be performed. 111111 (IIII 1111111 llll I'll 111111 llllll III VIII IIII IIII 2000-2291 2798899 10/09/2000 11:59A JA Suki Tsukamoto 1 of 6 R 0.00 0 0.00 Weld County CO 4. The consideration referenced herein contains $4,782.00 attributed to the replacement of approximately 2,391 feet of fence. This consideration is being paid to Owner as a final settlement between the parties with regards to the replacement of said fence as it will exist along the new right-of-way line and also across portions of Owner's property relative to the area that County will be removing soil from, (as referenced in paragraph 5 herein). Once payment has been made, it is the Owner's sole responsibility and cost with regard to installation of said fence. 5. Owner agrees to sell County soil for construction of WCR 74. County agrees to reimburse Owner a royalty of 5.95 per cubic yard for all soil removed from Owner's property. County agrees to keep accurate records of all soil removed from Owner's property and will make said records available to Owner for inspection. County agrees to remove soil in accordance with the following conditions: A. County shall not remove in excess of 16,000 cubic yards of soil from Owner's property. B. Eight inches of topsoil will be removed from the borrow area and stockpiled. After the borrow soil is removed the topsoil will �-7 �,�„pe placed over the borrow area. Ot atr -n� A rr- n c. � ��•�'�>�l 9T:il Co - us✓- &o be le c.4- E c c &u bci eI•.ce-.,4 h�� flc. Cv�,-,1v Ls. . ttit 1-opso./ e.- Fl,� bo,,.� -e... C. The final contour of the borrow area will be as shown on Exhibit "D", titled Borrow Area Map, and attached hereto and made a part hereof. D. The borrow area and all disturbed areas will be reseeded at the County's expense with a grass seed mixture specified by the Owner. The County will guarantee the germination and survival of the grass for a one year period. The Owner will be responsible for weed control for the guarantee period. E. County will stockpile approximately 3,430 cubic yards of borrow material at the east end of the existing pond. The County will not pay the Owner for fill material stockpiled on the property but will remove it from the borrow area and haul it as part of this Agreement. 6. County agrees that installation of culverts, or the placement of the new Weld County Road 74, will not affect the historic drainage patterns of the subject property. Any disturbed area adjacent to the right-of-way will be left in a smoothly graded manner. 7. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. HID 111111111111 1111 MI MI FIND 11111 IIII IIII 2798899 10/09/2000 11:59A JA Suki Tsukamoto 2 of 6 R 0.00 D 0.00 Weld County CO 8. 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 form 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. 9. Although the date of the transfer of the Parcels 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 Owners, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Parcels for the purpose of the aforementioned project. 10. Owner warrants that he/she is the owner of the Parcel and will defend title thereto against all claims. 11. General taxes for the year 2000 for the Parcels 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. 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: HARMONY FARM LLC BY: q/,a/0o TITLE: /i"7c, „ti9ev,- TAX ID# 84-1527303 ATTEST: 11111 11111 HMI IIII IIIItill HEM 111111111111 2798899 10/09/2000 11:59A JA Suki Tsukamoto 3 of 6 R 0.00 D 0.00 Weld County CO M EZ - BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO CLERK TO THE BOA•!�OF �� , COUNTY COMM ��,el - _ /BY: .ice a� Y. Deputy Clerk' (J- = t%r Barbara J. Kirkmeyer, C air (09/25/2000) ("RI'\\: � 1111111111111111111 IIII IIII 111111111111 III IIIII IIII IIII 2798899 10/09/2000 11:59A JA Suki Tsukamoto 4 of 6 R 0.00 0 0.00 Weld County CO . East line of Section 31 Desrcipti ® n Exhibit existing West R/W r — o Exhibit A, Page 1 of 2 O o N 90°00'00" E Z — = 20.00' 23 o r ix 20.00' f-O CI .YU ^ C) II a oz, O c fn c _6 7 U 0 --i W cu MI 1O O O w o �� Southeast 1/4 of N - o fa m Section .J7, T-7-N, D c2 0 I .-o property line o rJ p R-67-4Y 5th P.M. o iw V .c -g �i:b 0 — N - D z 23 o _ n N As _ =OO ill a 000 N 18°37'46" W — cc 17.96' —cn S 89°48'19" E _co co 17.00' 86.23' co pr,o S 89°48'19" E N 87°26'45" E483.65' -N� N 85°22'49" E i +— 30.00' 150.94' 1 258-73 I N 00'00'10" E 30.00' \— 30.00' A 991.97' N 89°48'19" W 70.00' Weld County Road No. 74 4\ --- South line of Section 31 POINT OF' BEGINNING Point of Commencement Southeast corner of existin North R W Basis of Bearings Section 31, T-7--N, 9 / N 89'48'19" W R-67-W, 6th P.M. 30.00' see page 2 for description page 1 of 2 # Date Revisions Field Survey Prepared for: Project//: 99020.002f n/a NOTICF' According to Colorado law you must commence Party Chief Weld County n/a any legal action based upon any defect in this survey Computed by within three years after you first discover such defect. In no event, may any action based upon any defect in JRM Frederick Land Surveying, Inc. this survey be commenced more than ten years from Drawn by 1528 North Lincoln Avenue — Suite 2 JRM the date of the certification shown hereon. Scale Loveland. Colorado 80538 S 1"=100• (970) 669-2100 — FAX (970) 669-3725 Description Exhibit Exhibit A, Page 2 of 2 Description A portion of the Southeast 1/4 of Section 31, Township 7 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described os follows. Considering the South line of the Southeast 1/4 of Section 31, Township 7 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado as bearing N 89'48'19" W and with all bearings contained herein relative thereto. COMMENCE at the Southeast corner of Section 31, Township 7 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run N 89'48'19" W along the South line of the Southeast 1/4 of said Section 31 for o distance of 30.00 feet; thence leaving said South line run N 00'00'10" E for distance of 30.00 feet to a point at the intersection of North right—of—way line of Weld County Road No. 74 and the West right—of—way line of Weld County Road No. 15, and the POINT OF BEGINNING; thence run N 89'48'19" W along said North right—of—way line for a distance of 991.97 feet: thence leaving aforesaid North right—of—way line run N 18'37'46" W for a distance of 17.96 feet; thence run S 89'48'19" E for a distance of 150.94 feet; thence run N 87'26'45" E for a distance of 258.73 feet; thence run N 85'22'49" E for a distance of 483.65 feet; thence run S 89'48'19" E for a distance of 86.23 feet; thence run N 00'00'10" E for a distance of 243.32 feet; thence run N 90'00'00" E for a distance of 20.00 feet to o point on aforesaid West right—of—way line of Weld County Rood No. 15; thence run S 00'00'10" W along said West right—of—way line for a distance of 313.39 feet to the Point of Beginning. Containing 44,779.00 square feet (1.03 acres) more or less. SURVEYOR'S STATEMENT I, M. Bryan Short, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this Description Exhibit truly and correctly represents a drawing made by me under my direction. REq,� .;17,44, 3 Notes: 3 fro. — This is not a monumented land survey •. 1V.4 A$$05 se* ' — No field work done this date, 7-10-00 .. • ""� page 2 of 2 Date Revisions Dote Prepared for: Projectj/: 99020.0021 n/a Party Chief Weld County Computed by JRM Frederick Land Surveying, Inc. Drown by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 n/o 1 Ell Shill ill 111111111111IIIHIIIIIIItill 2798899 10/09/2000 11:59A JA Suki Tsukamoto 6 of 6 R 0.00 D 0.00 Weld County CO AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS #74 and #15; AGREEMENT BETWEEN SUSAN H. LAKE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 25 day of Sept., 2000, by and between SUSAN H. LAKE,whose address is 9112 County Rd. 78, Ft. Collins, CO 80524-9032, 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 the roadway improvements at and near the intersection of Weld County Roads (WCR) 74 and 15, and WHEREAS, said roadway improvements project involves the construction of and reconstruction of the roadway and adjacent drainage improvements for Weld County Roads 74 and 15, and WHEREAS, in order to complete said improvements, County must purchase certain additional right-of-way, as shown and described in the attached Exhibit "A," and a temporary construction easement, as shown and described in the attached Exhibit"B," and WHEREAS,Owner owns the parcels shown and described in Exhibits A and B,which parcels are hereinafter referred to collectively as "Properties," and WHEREAS,owner wishes to cooperate with County in said roadway improvements project and to sell Properties to County in accordance with the terms set forth herein. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Properties for the sum of TWENTY-FIVE THOUSAND FIVE-HUNDRED THIRTY-NINE DOLLARS ($25,539.00). (Acquisition of right-of-way 3.84 acres of right-of-way at $4,788 per acre = $18,386, plus acquisition of temporary construction easement $1,153, plus compensation for dry-up of property $6,000. Total monetary compensation for Properties = $25,539.) This sum does not include the value of certain items the County agrees to build at its cost in the course of construction, including the following: Page 1 of 4 Pages 02O0O -mil a. Construction of a drainage outlet within the new right-of-way, moving the berm to the west and reshaping and cleaning the east bank. b. Replacement of existing fencing with new four wire fencing. Said fence will be constructed with posts that alternate with one wood post and two steel t-posts. c. Replacement of the trees being removed for storm water canalization along the west side of WCR 15 with eight-2" caliper willows and four - 3" caliper cottonwood trees. d. Construction of two field entrances onto the west side of WCR 15 as directed by the Owner for agricultural purposes. The location of said field accesses will need to be considered reasonable with regards to issues such as constructability, safety, etc. e. Construction of a guard rail around the north and west sides of Owner's existing pump house. Owner hereby grants to County access to the area surrounding said pump house for the purpose of constructing said guard rail. Owner shall keep the current access to said pump house from WCR 74; said access shall not be expanded in use. f. Replacement of approximately 250 feet of an existing eight-inch pipe which runs from Station 142+50 and ending at Station 145+00, and will be covered with approximately one to three feet of road fill. g. Modification of Owner's pond, situated in the southwest corner of the intersection of WCR 74 and WCR 15, in order to facilitate the passage of storm water runoff between WCR 15 and said pond. Said pond modification shall consist of filling a portion of said pond, equaling approximately 4,278 square feet of surface area, and excavating a portion of the pond perimeter to add approximately 4,305 square feet of surface area to the pond. Currently, said pond modification is intended to take place on the east side thereof; however, such modification location is subject to change to a spot along the pond perimeter which is mutually acceptable to both parties. Said excavation shall be to the existing pond depth. The modified pond will have a 20 foot wide access road on the east side. Owner hereby grants to County access to the area surrounding said pond for the purpose of said excavation. This sum also does not include the cost of an "end-gun shutoff' mechanism to modify Owner's existing pivot sprinkler, for which the County agrees to reimburse Owner the cost not to exceed $2,000. Page 2 of 4 Pages 2. Owner agrees to grant the right-of-way shown and described in Exhibit A to County by way of a Deed of Dedication. Said dedicated right-of-way shall be free and clear of all encumbrances. 3. By and through this Agreement, Owner grants to County the temporary construction easement shown and described in Exhibit B, which easement shall terminate on March 31, 2001. 4. As monetary compensation to be paid by County to Owner in addition to that stated in paragraph 1, above, County shall pay to Owner the sum of$7,500. In consideration of the payment of said sum, the parties agree to the dismissal of Weld District Court Case No. 00-CV-922, by joint motion. 5. County agrees to pay the costs of title insurance and recording fees, if necessary, as determined by County. 6. 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 form 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. 7. Although the date of the transfer of the Properties 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 Properties for the purpose of the aforementioned project. 8. Owner warrants that she is the owner of the Parcel and will defend title thereto against all claims. 9. General taxes for the year 2000 for the Properties shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represent and warrants that all general taxes levied prior to such year have been paid in full by owner. 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 3 of 4 Pages IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. OWNER: Susan H. Lake STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 2000, by Susan H. Lake. Witness my hand and official seal. Notary Public My commission expires: ATTE COUNTY OF WELD, STATE OF COLORADO, by and through the Board of La� County Commissioners of Weld County 1861 ta:Selp Clerk to the Board T- A, I arbara J. Kirkmey r, Chair (69/25/2000) � 1-0‘ M\WPFILESTWORKS\Lakeagree wpd � 4- 9)7+4/ad-JAY p ��5 n Page 4 of 4 Pages Description Exhib it Lake Parcel \\ . ' j 1 a � i 1 I Basis of Bearings I A 5 00'00.10" 'N 30.00' N 89 4Z'!3,. ,N 30.00' c Z ;4.. ' t lip ' S 8P'4S'19„ E North line of Section 6 541,01' 200' • Road ATQ 74 ■ 9oint of Commencement } Weld County Ru 1� 1V — Northeast corner of �, Section 5, i-6--N, f t 4 R-97—w. St., P.M. existing South :VW .--""....- ---1 � N 00'11'41" L' 10.00' POINT or 3EGINNING N 86'1$'40" SIr ��•.-- `as; fine of Section 5 I - 246.12' N 89'48'1'x" W I S 00"OC'10" W 1' • 175.99" 7//11"°' o.ao �- T 8.5;.31)' N 89.50'54" W — exlstinq West RCN Nofiibri 6 lj.� or 8 i.52' SetGbn 6, 7—B—N, R—ol-5 61h P.41. r N 00'00'10" E -+-.i0.0a' 1 38825' .. tr; • l'+ `4 d . - ""-=S 00'45'35" E i 50.8.15' LINE TABLE d BEARING cc ' LINE LENGTH :, L1 l 88,15 i N1 6 4S'J3 E t L.I 73.5;r Nos-15'06"8± r3 g 16'02'? E L3 2 .281 q 1 ' yf I .- 84.09' La 56.081 Ne V 3y'36" i •a C) c MATCH LINE r NOTICE: According to Colorado law you must commence any legal action based upon any detect in this survey within throe years after you first discover such defect. see pegs 3 In no event. may any action Dosed upon any defect in . . for page �'on this survey be commenced more then !en years from page 1 of 3 the date of the certification shown heroon. Project/it 59020.0C20 of JlE Dote Revisions Dote Prepared for: n/o We ld Chief County • n/a 1-Computed by Inc_ JtRM Fredaricic ,and Surveying, — - Otaxn by 1528 North• Lincoln Avenue -Suite Scale Loveland. CuI ra 070)5389 3725 I Seal• (970) 689-2100 - FAXltia-1-op revise boundary 1"-300' ' f I EXHIBIT "A" Description Exhibit • Lake Parce? a s � iThi c ! p 'H, I L, ` CO I MATH LINE - - f kn c ss.1 f m vt• o PX Z o O 4 C •r �r- East tr corner of i in V- ��- Section 5, T-6-N, . -, ui R-67-'W, 6th P.M. i c t~: .7. N. • . - _ Z o S 00.00'00" _ 1 0)0 50.00' i 1 NOTICE. According to Colorado law you must Commence any legal act%on based upon any defect in this survey within three years otter you first discover such defeat. In no event, may any action based upon any detect in see page 3 this survey be 'oarnrneneed more than tern years from for descriotion - the dote of the certification shown hereon. . po ,e 2 of 3 . i Date I Revisions Cole Prepared far Proiectit 99020.002a t of o party hiQf Weld County Cr ompu y - �- -- M Frederick Land Surveying, Inc. L drawn by 1928 North Lincoln Avenue -Suite y f Loveland, Colorado 80338 —i Scale (970) St79-%100 FAX (970) 869-3725 1- 8-1-00 f revise boundary t"w3.00' •, . j Description Exhibit . i I A portion of.the Northeast 1/4 of section 5, Township 6 North.-Range 67 West of the 6th Principal Meridian, Weld County, Colorado being mare particularly described as roilowa. Considering the North line of the Northeast 1/4 of Section 8, township 3 North, Range 57 West of the 5th Principal Meridian. Weld County. Colorado as bean N 89'45'19' W and with all hearings contained herein rotative thereto. • 57 `Nast of the 6th COMMENCE at the Northeast corner of Section 6, Township 5 North, a 5e North tine a the Princ'oOi tte'idion. Weld County. Co:erode; thence run 4 58'46'1°" g Northeel t/4 of said Section 5 far 0 dintarlSe of 30.00 feet; thence eoving said Nor lire run S 00'00'10' W ford distance of 30.00 feet to a paint at the intersection of the West .right—of—way line of Weld County Rood No. 15 and the South right—of—way fine of Weld County Road`xNo line ' and the POINT OF BEGINNING: thence continue S 00'00'10" W along said West g t— line ear a l na for a for a distance of 553.30 feet; thence run S 00'4'35" E along said West right—of—way distance of 508.15 feet; thence ran 16'02'23' E along said 'West right—of—way on•5; thr ax , distance of 84.09 feet to the East line of the aforesaid Northeast 1/4 leaving sold West right—of—wayline run S 00'00'10" W along said East line for a distance of 1191.55 feet to the East 1/4 corner of said Section 6: thence run S 00'00'00" W along sold East line for a dlatonce of 50.00 feet; thence [eavinq said East fine run $ 26'0 t - W Far a thence run N distance of 195.97 feet; thence run N 00'14'52' W for a distance of 4.35- feet; i. 01.12'46" E far a distance of 1807.17 feet; thence run N .00'00'10' £ for o distance of • 355.25 test; thence run N 59'59'54" W for a distance. of 6-7,62 feet; thence run N 15'4'33- E a distance of for a 10'55"ce far distance efet; ence tun K 25.28 feet:0 henc_ebrun Nr82'34'36' W tor73,51 feet:0 distance tof 56.06 n t 3: thence tor a run i feet: thence Nn N'5G 2 teat Nthence runaN 00 i 1145"96 for to thence dw_tance ofN10.008te6 to a . fort distance of run i paint on the aforesaid south right-of-way tine of Weld County Road Na 74; thence l 5 85.4-8't9" 5 along said South Right—of—nay line for a distance of 541.01 feet to the Point of 3eginning, 1 Containing 167,484..12 square fee*. (3-84 acres) more or less. , t I SURVEYOR'S STATEMENT I. M. Bryon Short, a duly registered Professional Land Surveyor in the State of Colorado. do he'eby State that :h:5 Cascrie:ion I Erhibil trury and correctly represents a drawing made ay me under my direction. . f Notes: — This is not'a manumented ;and survey— • No fleld.,.ero t done this date. 7-10-00 • • page 3 of 3 # Oots ! e v i a i o s nrips Dote prepared for: Projectff: 99020.002a l • --O-P n�ah Weld County I Computed OV — ---" tRM Frederick Land Surveying, Inc. •prawn by 152E North Lincoln Avenue —Suite 2 JRU Loveland. Colorado 80538 ft Scale (970) 569-2100 — PM (970) 669-3725 I 1—I 8—t-00 revise description n/a rr . 1II • Description Exhibit Temporary Easement $ 0 M II R s t3 _ 8 tU Basis of Bearings I N 89'48'19" W 366.26' o __ „ n S 00.11'41" W �� o North line of Section 6 52.17' 25.00' Weld County Road No. 74 r Point of Commencement 4_____ Northeast corner of Section 6, T-6—N, existing South R/W !J7L6a R-67-W, 6th P.M. 30.00'-i ,--1 POINT OF BEGINNING to d+ *" L1 1O o -0 O cn 318.38' N 00°00'10" E • S 89°46'04" E • 278.78' • No/Moos? 1/4 of I Section 6, T-6—N, East line of Section 6 R-67—W, 5h P. existing West R/W —w-- —+— 30.00' LINE TABLE LINE LENGTH BEARING L1 67.62 N89'59'54"W 1:3 L2 88.15 N 16'45'33'E _— I ti 0 L3 73.51 N05'15'06"E O • L4 25.28 N34'10'56"W L5 56.06 N62'34'36"W L6 175.99 N89'48'1 9”Vi I , -� L7 41.10 N85'51'08"W 0 NOTICE According to Colorado law you must commence any legal oction based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in see page 2 this survey be commenced more than len years from for description the dote of the certification shown hereon. ,• page 1 of 2 Dote Revisions Date Prepared for: Project/f: 99020.003 I - of n Party Chief Weld C o u n ty n/a Computed by Drawn by Frederick Land Surveying, Inc. 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 - Scale (970) 669-2100 — FAX (970) 669-3725 1"-300' _ -- EXHIBIT "B" Description Exhibit Temporary Easement_ Range st of A ipl af the Northeast Weld 4 of Colorado being more n 6, hrpa kicularly, described 7 asefollows. 6th Principal Meridian, County, Considering the North line of the Northeast 1/4 of Section 6, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado as bearing N 89'48'19" W and with all bearings contained herein relative thereto. COMMENCE at the Northeast corner of Section 6, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run N 89'48'19" W along the North line of the Northeast 1/4 of said Section 6 for o distance of 366.26 feet; thence leaving said North line run S 00'11'41" W for a distance of 52.17 feet to the POINT OF BEGINNING; thence run S 00'13'56" W for a distance of 485.41 feet; thence rim S 89'46'04" E for a distance of 318.38 feet; thence run N 00'00'10" E for a distance of 278.78 feet; thence run N 89'5954" W for a distance of 67.62 feet; thence run N 16'45'33" E for a distance of 88.15 feet; thence run N 05'15'06" E for a distance of 73.51 feet; thence run N 34'10'56"e Wr►1f for B9isa Ice Wof for a feet; thence run N 62'34'36" W for a distance of 56.06 feet; distance of 175.99 feet; thence run N 85'51'08" W for a distance of 41.10 feet to the Point of Beginning. Containing 142,989.51 square feet (3.28 acres) more or less. • SURVEYOR'S STATEMENT Ettf Tonal Land Surveyor 1, M. Bryan Short, a duly reglsty ► t this Des uription in the State of Colorado, do r made bey me Exhibit truly and correctly in , under my direction. .'� B Y4 °�+. � -��, 3244 e inifitnoOr- Notes: — This is not a monumented land survey — No field work done this date, 8-25-00 0page 2 of 2 11 Date Prepared for: Project/{: 99020.003 Dote R e v i s i o ri s No County Party Chief Weld County n/a Computed by -- - inc. JRM Frederick Land Surveying, Drawn by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 -- FAX (970) 669-3725 n a 871 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS #74 and#15;AGREEMENT BETWEEN JAMES A.OCHSNER AND JOANN J. OCHSNER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 25th day of September ,2000 by and between JAMES A. OCHSNER AND JOANN J. OCHSNER, whose address is 35936 Weld County Road 15, Windsor, CO 80550, hereinafter referred to as "Owners," 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 the roadway improvements at and near the intersection of Weld County Roads (WCR) 74 and 15, and WHEREAS, Owners own the parcel(s) described in the attached Exhibit "A", hereinafter referred to collectively as "Parcels", and WHEREAS, County needs the Parcels in order to complete the said roadway improvements project, and WHEREAS, said roadway improvements project involves the construction of and reconstruction of the roadway and adjacent drainage improvements for WCR Rds. 74 and 15, and WHEREAS, Owners wish to cooperate with County in said roadway improvements project. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree to sell and County agrees to purchase the Parcels for the sum of TWENTY-THREE THOUSAND AND FIFTY-EIGHT DOLLARS ($23,058.00). 2. Owners agree to grant the Parcels to County by Deed of Dedication in the form attached hereto as Exhibit B free and clear of all encumbrances. 3. Whereas Exhibit C (hereinafter referred to collectively as "Plans" and titled Intersection Improvements Plans for WCR 74 at WCR 15, are attached hereto and made a part hereof for the purposes of clarifying and illustrating the work to be performed. 1111111111111111111111111111111111111111111111111111111 2798897 10/09/2000 11:59A JA Suki Tsukamoto aow-a�91 1 of 12 R 0.00 D 0.00 Weld County CO 4. The consideration referenced herein contains S7,720.00 to serve as payment for the Owner's relocation of approximately 525 linear feet of concrete irrigation ditch shown on the Plans attached hereto as Exhibit "C" between Stations 154+65 and Station 159+25 on the right. The reimbursement is based on quotes given by concrete irrigation ditch construction contractors in March of 2000. If the cost to relocate the concrete irrigation ditch increases up to October 31, 2000, the Owner will be entitled to additional reimbursement contingent on review and approval by the County of documentation provided by the concrete irrigation ditch construction contractor. County agrees to grade the ground, including importing fill material, to facilitate the relocation of the concrete irrigation ditch described herein. County agrees not to disturb the concrete irrigation ditch described herein until irrigation is completed in the Fall of 2000, which is estimated to be September 1, 2000. County will then remove the old concrete irrigation ditch at County's expense. 5. The compensation being paid to Owner includes S6,000.00 to serve as final payment from County to reimburse Owner for damage to any trees shown on the Plans between Station 151 +00 and Station 154+00 on the right. If the Owner chooses to relocate said trees, they shall be relocated prior to September 30, 2000. 6. County agrees to install a new barb wire fence on the new right-of- way line. The new barb wire fence will be constructed with the same number of wires as the existing fence with posts that alternate with one wood post and two steel "T" posts. At Owner's option, County will reimburse Owner S1.50 per lineal foot of fence that will be installed and said installation of new fence will be the sole cost and obligation of Owner and County shall be relieved of any further responsibility with regards to installation and relocation of said fence. 7. Owner agrees to allow the County or its contractors access to the Owner's land for the purpose of constructing the pond described in paragraph 6 herein. 8. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 9. 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 form 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. 111111111111111111 1111 111111111 2798897 10/09/2000 11:59A JA Suki Tsukamoto 2 of 12 R 0.00 D 0.00 Weld County CO 10. Although the date of the transfer of the Parcels 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 Owners, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Parcels for the purpose of the aforementioned project. 11. Owner warrants that he/she is the owner of the Parcel and will defend title thereto against all claims. 12. General taxes for the year 2000 for the Parcels shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represent and warrants that all general taxes levied prior to such year have been paid in full by owner. 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: A n 7 J9,�-� JAMES A. OCHSNER JOANN . OCHSNER Vy-a `( 9602K1 TAX ID# (if applicable):ATTEST?' -k ._ ____ 1 111111 111111111111 IIII IIII 111111111111 III I'lll IIII ill 237of897 12 R 0.00 000 0 0.00 59A WeldJA Suki kamoto County CO BOARD OF COUNTY COMMISSIONERS OF E�� WELD COUNTY, STATE OF COLORADO CLERK TO THE BOA �� o ' • taft� ; COUNTY COMMISSI� '► BY: BY 1i1 Deputy Clerk Barbara J. Kirkme er, Cha' (09/25/2000) 111111111111111111 Ili VIII111111111111 III 11111IIIIVIII 2798897 R 0.00 000 D 0.00 59A WeldJA Suki amoto County C0CD Desreilption Exhibit _ Exhibit A, Page 1 of 8 —8 c, nil o Ochsner Parcel Basis of Bearings E S 89'19'29" E II — n Y s 30.00' S 00'00'10" W �1_0 30.00' co sot Northwest corner of North line of Section 5 d -.- 8 �v» Section 5, T-6-N, 30.00' t7 —Coaim -0 R-67-W, 6th P.M. I o cr o S 89°19'29" E Weld County Road No. 74 �� 565.73 POINT OF BEGINNING —g �,o 495.76' N 89°19'29" W -L' Es_:::.N 00°00'10" E 20.00321.11' S 22°32'10" W R=458.92 � 124.61' L=20.10 / _,- 30.00'—i S 00°00'10" W Char d=2° 30'33 existing South R/w aco1- 306° 18'17"W _co moo_ existing East R/w 185.44' momn o NI', N 89°20'37" W 20.00' to ci Northwest 7/4 of Section 5, T-6-N, R-57-14! 6th P.M. o 0 see page 2 for description NOTICE: According to Colorado page 1 of 2 g law you must commence any # Date Revisions Field Survey Prepared for: Project#: 99020.002b legal action based upon any n/a ('+Q defect in this survey within Party Chief Weld County three years after you first n/a discover such defect. In no Computed by event, may any action based 1 JRM Frederick Land Surveying, Inc. upon any defect in this survey Qd be commenced more than ten Drawn by JRM 1528 North Lincoln Avenue — Suite 2 years from the date of the I Scale Loveland, Colorado 80538 certification shown hereon. I I 1"=200' (970) 669-2100 — FAX (970) 669-3725 Description Exhibit Exhibit A, Page 2 of 8 Description Ochsner Parcel: A portion of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows. Considering the North line of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado os bearing S 89'19'29" E and with all bearings contained herein relative thereto. COMMENCE at the Northwest corner of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run S 89'19'29" E along the North line of the Northwest 1/4 of said Section 5 for a distance of 30.00 feet; thence leaving said North line run S 00'00'10" W for o distance of 30.00 feet to a point at the intersection of the East right—of—way line of Weld County Road No. 15 and the South right—of—way line of Weld County Road No. 74, and the POINT OF BEGINNING; thence continue S 89'19'29" W along said South right—of—way line for a distance of 565.73 feet to a beginning of a non tangent curve concave to the West having a radius of 458.92 feet and a central angle of 02'30'33"; thence leaving said South right—of—way line run Southwesterly along the arc of said curve for a distance of 20.10 feet; thence leaving said curve run N 89'19'29" W for a distance of 495.76 feet; thence run S 22'32'10" W for a distance of 124.61 feet; thence run S 00'00'10" W for a distance of 185.44 feet; thence run N 89'20'37" W for a distance of 20.00 feet to a point on the aforesaid East right—of—way line of Weld County Road No. 15; thence run N 00'00'10" E along said Eost right—of—way line for o distance of 321.11 feet to the Point of Beginning. Containing 20,077,61 square feet (0.46 acres) more or less. SURVEYOR'S STATEMENT I, M. Bryan Short, o duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this Description Exhibit truly and correctly represents a drawing made by me under my direction. REGot a, cc Notes: — This is not a monumented land survey • — No field work done this date, 7-10-00 ,h,,.,,••,,,,.•' �.� t4 il;p,gt��'1• page 2 of 2 # Dote Revisions Date Prepared for: Projecljj: 99020.002b n/a Part' Chief Weld County nio Computed by — JRM Frederick Land Surveying, Inc. Drown by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 n/a 1111111 11111 11111 IIII MI 111111 MII III 11111 IIII IIII 2798897 10/09/2000 11:59A JA Sukl Tsukamolo 6 of 12 R 0.00 D 0.00 Weld County CO Desrciption JE�, x I ibit EXHIBIT A, Page 3 of 8 o 0 e o Ochsner Parcel Basis of Bearings =O S 89'19'29" E II —� f..c� � 30.00' 5 00'00'70" W ss== 30.00' Northwest corner of North line of Section 5 —8 �-,a Section 5, T-6-N, POINT OF BEGINNING 30.00' ca �a °1 R-67-W, 6th P.M. I S.-. S 89'19'29" E S 89°19'29" E Weld County Road No. 74 ,� _a azaTo 565.73' 504.35' _ - -_ 6 -_ 506.56' Z „ —C- o N 89°19'29" W eoN)=f?o 20.00' L S 00°00'00" W o 20.00' so x R=458.92 a„r L=20.10 �w Chord=2° 30'33" existing South R/W s^- existing East R/W N06° 18'17"E —`"r' L e� o Northwest 1/4 of Section 5, T-6-N, R-67-K; 6th P.M. 0 f:4 see page 2 . for description MNOTIC : According to Colorado page 1 of 2 g low you must commence any # Date Revisions Field Survey Prepared for: Project#: 99020.002c legal action based upon any n/a ('� defect in this survey within Party Chief Weld County IJ three years after you first n/a discover such defect. In no Computed by .d event, may any action based JRM Frederick Land Surveying, Inc. upon any defect in this survey y g' Drawn by N be commenced more than ten 1528 North Lincoln Avenue — Suite 2 years from the dote of the JRM Loveland, Colorado 80538 certification shown hereon. Scale (970) 669-2100 — FAX (970) 669-3725 1"=200' Description Exhibit EXHIBIT A, Page 4 of 8 Description Ochsner Parcel: A portion of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows. Considering the North line of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado os bearing S 89'19'29" E and with all bearings contained herein relative thereto. COMMENCE at the Northwest corner of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run S 89'19'29" E along the North line of the Northwest 1/4 of said Section 5 for a distance of 30.00 feet; thence leaving said North line run S 00'00'10" W for a distance of 30.00 feet to o point at the intersection of the East right-of-way line of Weld County Road No. 15 and the South right-of-way line of Weld County Rood No. 74; thence continue S 89'19'29" E along said South right-of-way line for o distance of 565.73 feet to the POINT OF BEGINNING; thence continue S 89'19'29" E along said South right-of-way line for a distance of 504.35 feet; thence leaving said South right-of-way line run S 00'00'00" W for a distance of 20.00 feet; thence run N 89'19'29" W for a distance of 506.56 feet and to o beginning of a non tangent curve concave to the West having a radius of 458.92 feet and o central angle of 02'30'33"; thence run Northwesterly along the arc of said curve for a distance of 20.10 feet to the Point of Beginning. Containing 10,107.59 square feet (0.23 acres) more or less. SURVEYOR'S STATEMENT I, M. Bryon Short, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this Description Exhibit truly and correctly represents a drawing mode by me under my direction. 0011:::41/44lP 9AMgy F� Notes: ti • - This is not a monumented land survey A/. LAMID - No field work done this date, 7-10-00 #110111 page 2 of 2 # Dote Revisions Dote Prepared for: Projecta: 99020.002c n/a Party Chief Weld County Computed by JRM Frederick Land Surveying, Inc. Drawn by 1528 North Lincoln Avenue -Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 n/a I II'lll I'III llllll1 llll I'll IIIIII llllil III 11113 1111 IIII 2798897 10/09/2000 11:59A JA Suki Tsukamoto 8 of 12 R 0.00 D 0.00 Weld County CO Description Exhibit EXHIBIT A, Page 5 of 8 Ochsner Parcel Basis of Bearings S 89'19'29" E 30.00' Northwest corner of North line of Section 5 Section—67 , P.M., — \ R-67—W, 6th P. Weld County Road No. 74 \l\ o_ / _ 0 o in b M 0 � existing South R/W 30.00_ -- existing East R/W POINT OF BEGINNING S 89°20'37" E 20.00' 20.00' 10 • ° S 00°00'10" W Northwest 1/4 of 295.42' Section 5, T-6—N, R-67—W, 6th P.M 23 0 w -44 co 0 o C� z '3 o 0 rn § c N � T N 01 II _ c d I tl 8 r.1 ct 0'6 i CO CD West line of Section 5 --\I.0) —8 a F — Z — � NOTICE: According to Colorado low you must commence any legal action bused upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in see page 2 this survey be commenced more than ten years from for description the dote of the certification shown hereon. Page 1 of 2 ft Date Revisions Date Prepared for: Projectb: 99020.002d n/a Party Chief Weld County n/a Computed by JRM Frederick Land Surveying, Inc. Drawn by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 n/o 1111111 11111 1111111 III' III' 111111 111111111 11111 1111 1111 2798897 10/09/2000 11:59A JA Suki Tsukamoto 9 of 12 R 0.00 D 0.00 Weld County CO Description Exhibit EXHIBIT A, Page 6 of 8 Description Ochsner Parcel: A portion of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows. Considering the North line of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado as bearing S 89'19'29" E and with all bearings contained herein relative thereto. COMMENCE at the Northwest corner of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run S 89'19'29" E along the North line of the Northwest 1/4 of said Section 5 for a distance of 30.00 feet; thence leaving said North line run S 00'00'10" W for a distance of 30.00 feet to a point of the intersection of the East right—of—way line of Weld County Road No. 15 and the South right—of—way line of Weld County Road No. 74; thence continue S 00'00'10" W along said East right-of—way line for a distance of 321.11 feet to the POINT OF' BEGINNING; thence leaving said East right—of—way line run S 89'20'37" E for a distance of 20.00 feet; thence run S 00'00'10" W for a distance of 295.42 feet; thence run S 01'08'46" W for o distance of 695.64 feet to a point on aforesaid Eost right—of—way line; thence run N 00'45'35" W along said East right—of—way line for a distance of 495.84 feet; thence run N 00'00'10" E along said East right—of—way line for a distance of 531.34 feet to the Point of Beginning. Containing 13,586.73 square feet (0.31 acres) more or less. SURVEYOR'S STATEMENT I, M. Bryan Short, a duly registered Professional Lond Surveyor in the State of Colorado, do hereby state that this Description Exhibit truly and correctly represents a drawing made by me under my direction. s ,G/ST�m Notes: �\ — This is not a monumented land survey — No field work done this dale, 7-10-00iH0nt0N ` page 2 of 2 fi Date Revisions Dote Prepared for: Project/j: 99020.002d n/a Party Chief Weld County Computed by — JRM Frederick Land Surveying, Inc. Drawn by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 n/o AIM 11111 1111111 IIII IIII 111111 EN ID 111111 III I'll 2798897 10/09/2000 11:59A JA Suki Tsukamoto 10 of 12 R 0.00 0 0.00 Weld County CO Description Exhibit EXHIBIT A, Page 7 of 8 Ochsner Parcel N W or - a ID b Ni 00 1m Z y O . CO West line of Section 5 1 POINT OF BEGINNING N 16°02'23" W 111.86' in 0. existing East R/W rn to existing West R/W CO N co ti MO O V W Ild ti co co o in N 00°13'43" W 0 208.77' b z $ o o 0 o N O II _ ,§ o tn West 1/4 corner of d 8 Section 5, T-6—N, 0 —"' R-67—W, 6th P.M. I .C —8 N 89°15'05" E Z — „ 12.68' ` o NOTICF: According to Colorado low you must commence any legal action based upon any defect in this survey , within three years otter you first discover such defect. see page 2 In no event, may any action based upon any defect in for description this survey be commenced more than ten years from the date of the certification shown hereon. Page 1 of 2 # Date Revisions Dote Prepared for: Project#: 99020.002e n/a Party Chief Weld County Computed by — JRM Frederick Land Surveying, Inc. Drown by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 - FAX (970) 669-3725 n/o 11111111111111111111111 IIII 111111111111 III 111111 III 1111 2798897 10/09/2000 11:59A JA Sukl Tsukamoto 11 of 12 R 0.00 0 0.00 Weld County CO Description Exhibit EXHIBIT A, Page 8 of 8 Description Ochsner Parcel: A portion of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particulorly described os follows. Considering the West line of the Northwest 1/4 of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado os bearing S 00'00'10" W and with all bearings contoined herein relative thereto. COMMENCE at the Northwest corner of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run S 00'00'10" W along the West line of the Northwest 1/4 of said Section 5 for a distance of 1472.12 feet to the POINT OF BEGINNING; thence continue S 00'00'10" W along said West line for o distance of 1191.55 feet to the West 1/4 corner of aforesaid Section 5; thence leaving said West line run N 89'15'05" E for a distance of 12.68 feet; thence run N 01'15'06" E for a distance of 875.32 feet to o point on the West right—of—way line of Weld County Rood No. 15; thence run N 16'02'23" W along said West right—of—way line for a distance of 111.86 feet to the Point of Beginning. Containing 22,926.56 square feet (0.53 acres) more or less. SURVEYOR'S STATEMENT I, M. Bryon Short, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this Description Exhibit truly and correctly represents a drawing made by me under my direction. a Notes: ��• •�...LA — This is not a monumented land survey vii`ifskint W — No field work done this date, 7-10-00 page 2 of 2 Dote Revisions Dote Prepared for: Project: 99020.002e - n/a Party Chief Weld County Computed by JRM Frederick Land Surveying, Inc. Drown by 1528 North Lincoln Avenue —Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 n/a 1111111 11111 1111111 1111 Illl 111111 111111 III 111111 111 1111 2798897 10/09/2000 11:59A JA Suki Tsukamoto 12 of 12 Ft 0.00 D 0.00 Weld County CO 896 AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS #74 and #15; AGREEMENT BETWEEN 3 LAZY J RANCH, LLP AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 25th day of September ,2000 by and between 3 LAZY J RANCH, LLP, whose address is c/o Doug Ochsner at 7422 Weld County Road 74, Windsor, CO 80550, hereinafter referred to as "Owners," 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 the roadway improvements at and near the intersection of Weld County Roads (WCR) 74 and 15, and WHEREAS, Owners own the parcel(s) described in the attached Exhibit "A", hereinafter referred to collectively as "Parcels", and WHEREAS, County needs the Parcels in order to complete the said roadway improvements project, and WHEREAS, said roadway improvements project involves the construction of and reconstruction of the roadway and adjacent drainage improvements for WCR Rds. 74 and 15, and WHEREAS, Owners wish to cooperate with County in said roadway improvements project. NOW, THEREFORE, the parties herein agree as follows: 1. Owners agree to sell and County agrees to purchase the Parcels for the sum of EIGHT THOUSAND TWO HUNDRED AND ONE DOLLARS ($8,201.00). 2. Owners agree to grant the Parcels to County by Deed of Dedication in the form attached hereto as Exhibit B free and clear of all encumbrances. 3. Whereas Exhibit C (hereinafter referred to collectively as "Plans" and titled Intersection Improvements Plans for WCR 74 at WCR 15, are attached hereto and made a part hereof for the purposes of clarifying and illustrating the work to be performed. 1111111 IIJiI 11111111111 IIII 111111111111 III IIIII IIll R 2798898 10/09/2000 11:59A JA Suki Tsukamoto ac�-a�9 1 of 6 R 0.00 D 0.00 Weld County CO 4. County agreese to relocate the Owner's pond situated in the northeast corner of the intersection of WCR 74 and WCR 15 as shown on the Plans. The volume of the new pond will equal or exceed the volume on the existing pond. The new pond will have a 20 foot wide access road on all sides. Construction will not begin until irrigation is completed in the Fall of 2000. 5. County agrees to relocate the electric service box and underground connection for the irrigation water pump located in the pond described in paragraph 4 herein. The location of said electric service box and underground connections shall be determined in collaboration with the Owner. 6. County will install two (2) 8" diameter plastic pipes from the pond described in paragraph 4 herein under WCR 74 to the new south right- of-way line of WCR 74 for the purposes of a sleeve for a pressurized irrigation water line. The 8" diameter plastic pipes will be located in collaboration with the Owner. 7. County agrees to install a new barb wire fence on the new right-of- way line. The new barb wire fence will be constructed with the same number of wires as the existing fence with posts that alternate with one wood post and two steel "T" posts. At Owner's option, County will reimburse Owner $1.50 per lineal foot of fence that will be installed and said installation of new fence will be the sole cost and obligation of Owner and County shall be relieved of any further responsibility with regards to installation and relocation of said fence. 8. Owner agrees to allow the County or its contractors access to the Owner's land for the purpose of constructing the pond described in paragraph 4 herein. 9. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 10. 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 form 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. 11. Although the date of the transfer of the Parcels 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 1111111 VIII 1111111 IIII IIII 111111111111 III 11111 IIII IIII 2798898 10/09/2000 11:59A JA Suki Tsukamoto 2 of 6 R 0.00 D 0.00 Weld County CO and Owners, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Parcels for the purpose of the aforementioned project. 12. Owner warrants that he/she is the owner of the Parcel and will defend title thereto against all claims. 13. General taxes for the year 2000 for the Parcels shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represent and warrants that all general taxes levied prior to such year have been paid in full by owner. 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: 3 LAZY J RANCH, LLP BY: TITLE: O Qc-or S9- /33/SV3 `Alt-4a 1 ' '` TAX IDS (if applicable): ATTEST: '� V 1111111IIIII1111111 Intl 111111111111 All !III !III 2798898 10/09/2000 11:59A JA Suki Tsukamoto 3 of 6 R 0.00 D 0.00 Weld County CO LLu a BOARD OF COUNTY COMMISSIONERS OF ► Ii � WELD COUNTY, STATE OF COLORADO CLERK TO THE = o ;,r�s �.�+ `n� (kP COUNTY COMM I• ,f. c �i BY: _ 4 B4araJ. Ktrkmeyer Deputy Cle �'r= 17 , Cha' (09/25/2000) AIM 11111HMI HMI 111111111111 III UNITE' 2798898 10/09/2000 11:59A JA Suki Tsukamoto 4 of 6 R 0.00 D 0.00 Weld County CO VINE --1.— a 2,3.. -- toDesrcipti ® nxl� ibit s . I -,iii: oo� existing East R/W Exhibit A, Page 1 of 2 om� O CS o— I o 4' =- p S 90°00'00" E cl s �� m aa_ !r~ 20.00' nay 1 c a� 3 'CS c IM cal g CQ O a x g cep --1 z " n- � 01_ pj O 0 O p ra O 3 la a 20.00' -e CO — Q) V' a RI W r Southwest 1/4 a/ Secfion 32, T 7-N, 30.00' —m- C51 (.31 R-67-GY 617:7- fh P.M. West line of f'1 cb Section 32 o [n S 89°19'29" E CS"' 216.53' S 80 S 00°00'00" E °pp 232.97' E 35.00' ---N z 70 00' S 89°19'29" E 569.62' POINT OF BEGINNING 1 35.00' 30.00' 1070.07' - f N 89°19'29" W clisNl\____ N 00'00'10" E `R\ Southwest corner of 30.00' f ` South line of Section 32 Weld County Road No. 74 existing North R/W Section 32. T-7—N. R-67—W, 6th P.M. NOTICE: According to Colorado law # Date Revisions v i s i o n s Field Survey Prepared for: Project#: 99020.002 Basis of Bearings P 1 # 9 S 89'19'29" E you must commence any legal n/a 30.00' action based upon any defect in Party Chief Weld County this survey within three years n/a after you first discover such Computed by defect. In no event, may any JRM Frederick Land Surveying, Inc. see page 2 action based upon any defect in Drawn by 1528 North Lincoln Avenue — Suite 2 for description this survey be commenced more JRM page 1 of 2 than ten years from the date of Scale Loveland. Colorado 80538 • the certification shown hereon. 1"=100' (970) 669-2100 — FAX (970) 669-3725 Description Exhibit Exhibit A, Page 2 of 2- Description Ochsner Parcel; A portion of the Southwest 1/4 of Section 32. Township 7 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorodo being more particularly described as follows. Considering the South line of the Southwest 1/4 of Section 32. Township 7 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorodo as bearing S 89'19'29" E and with all bearings contained herein relotive thereto. COMMENCE at the Southwest corner of Section 32, Township 7 North, Ronge 67 West of the 6th Principal Meridian, Weld County, Colorado; thence run S 89'19'29" E along the South line of the Southwest 1/4 of said Section 32 for a distance of 30.00 feet; thence leaving said South line run N 00'00'10" E for a distance of 30.00 feet to a point at the intersection of North right—of—way line of Weld County Rood No. 74 and the Eost right—of—way line of Weld County Rood No. 15, and the POINT OF BEGINNING; thence continue N 00'00'10" E along said East right—of—way line for a distance of 314.41 feet; thence leaving aforesaid East right—of—way line run S 90'00'00" E for a distance of 20.00 feet; thence run S 00'00'10" W for a distonce of 83.32 feet; thence run S 11'52'11" E for a distance of 165.26 feet; thence run S 89'19'29" E for a distonce of 216.53 feet; thence run S 80'41'04" E for a distance of 232.97 feet; thence run S 89'19'29" E for o distance of 569.62 feet; thence run 5 00'00'00" E for o distance of 35.00 feet to a point on aforesaid North right—of—way line of Weld County Road No. 74; thence run N 89'19'29" W along soid North right—of—way line for a distance of 1070.07 feet to the Point of Beginning. Containing 58,577.60 square feet (1.35 acres) more or less. SURVEYOR'S STATEMENT I, M. Bryan Short, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this Description Exhibit truly and correctly represents a drowing mode by me under my direction. 44i. , RYAy..`tds 4 • a'_ Notes: S, ,.�Q',. — This is not o monumented land survey AL ukty, +?' — No field work done this date, 7-10-00 H r!!fstt'''r page 2 of 2 # Dote . Revisions Dote Prepared for: Project//: 99020.002g n/o Party Chief Weld County n/a Computed by JRM Frederick Land Surveying, Inc. Drawn by 1528 North Lincoln Avenue -Suite 2 JRM Loveland, Colorado 80538 Scale (970) 669-2100 - FAX (970) 669-3725 n/a Hain IIIII Hill ill till in III 11111 IIII 1111 2798898 10/09/2000 11:59A JA Suki Tsukamoto 6 of 6 R 0.00 D 0.00 Weld County CO Hello