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HomeMy WebLinkAbout910539.tiff RESOLUTION RE: DECLARING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT N0. 1991-2, ADOPTING DETAILS AND SPECIFICATIONS THEREFORE, ORDERING THE PUBLICATION AND MAILING NOTICES OF HEARING TO THE OWNERS OF PROPERTY IN SAID DISTRICT 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, in accordance with Section 30-20-603, Colorado Revised Statutes, as amended, certain local improvements may be initiated by action of the Board of County Commissioners upon Petition subscribed by owners of property who would bear more than one-half of the total proposed assessments within the district, and WHEREAS, the Board of County Commissioners has determined to create a Local Improvement District which includes all or portions of Sections 5, 6, 7, and 8, Township 7 North, Range 67 West, and Sections 29, 30, 31, and 32, of Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado, all in relation to the 6th Principal Meridian in an unincorporated portion of Weld County, Colorado, in an area generally known as Weld County Road 15 from State Highway 14 north for 3.3 miles, and Weld County Road 84 between Weld County Roads 13 and 15. WHEREAS, the Board finds it is in the best interest of the inhabitants of the area to provide the following improvements to Weld County Road 15 and Weld County Road 84 as follows: 1. Shape, grade, prepare the base, and pave the above described roads to a resulting roadway with 12-foot travel lanes with 4-foot gravel shoulders on each of the above described Weld County Roads. 2. The base course preparation is to include final grading, wetting and compaction. 3. Placement of three inches (3") of hot bituminous pavement on the above described portion of Weld County Roads 15 and 84. All work is to be built according to Weld County specifications and be approved by the Weld County Engineer. 4. Major construction quantities include 9,800 tons of hot bituminous pavement and six inches of aggregate base course, 32 feet wide. 910539 r k h, A, I- A `'`fixes op E444.: Ga e du-eta- Page 2 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT 111991-2 WHEREAS, Anheuser-Busch, Inc. , will contribute $291,000 in addition to the funds generated by this Local Improvement District for construction of the herein described project, and WHEREAS, Weld County will provide all administrative, engineering, and base preparation work separate from the creation of the local improvement district, which base course shall consist of four inches of aggregate base course on the above described roads, and installation of culverts necessary to accomplish drainage incident to the road improvements, and WHEREAS, the Board of County Commissioners shall consider all protests and objections that may be made in connection with the proposed improvements, before ordering the construction thereof, and WHEREAS, preliminary plans, specifications, estimates of costs, maps, and schedules for the proposed improvements have been presented to the Board of County Commissioners, and WHEREAS, in accordance with Title 30, Article 20, Part 6, it is necessary that a preliminary order be made, adopting full details and specifications, describing the materials to be used, determining the number of installments and time in which the cost of the improvements shall be payable, the rate of interest to be paid on unpaid and deferred installments, estimate of costs and a schedule showing approximate amounts to be assessed on the lots and parcels of the property within the district and those benefitted by the district, and WHEREAS, this Resolution has been considered at a public meeting of the Board with informal notice by letter to each of the owners according to the records of the Weld County Assessor of property located within portions of Sections 5, 6, 7, and 8, Township 7 North, Range 67 West, and Sections 29, 30, 31, and 32, of Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, after consideration of the petition and testimony at the meeting, it has been determined that the improvements described hereinafter are primarily for the benefit of the owners of the property described in Exhibit "A" attached hereto and incorporated herein by reference, and that the benefits are most equitably shared on an equal amount per lot or parcel, and WHEREAS, the Board of County Commissioners is authorized, pursuant to CRS, Section 30-20-606(1) , to determine special benefits for the purposes of assessing particular property within a Local Improvement District, and WHEREAS, this Resolution shall constitute the preliminary order required by the law. 910539 Page 3 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT #1991-2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: A. That the Board of County Commissioners of Weld County does hereby declare its intent to create a Local Improvement District within the County, for the construction and installation of the improvements more particularly described in the notice hereinafter set forth. B. That the Engineer's reports, together with preliminary details, specifications, estimates of costs, maps and schedules are hereby approved and adopted by the Board of County Commissioners for the proposed use in the construction of the improvements to be made in the proposed improvement district. C. That the materials to be used in constructing the proposed improvements are stated in the notice hereinafter set forth. D. That the assessment to be levied for the improvements shall be due and payable within thirty (30) days after the effective date of the assessing resolutions. However, all such assessments may be paid at the election of the owner, in ten equal, annual installments of principal with installments of interest on unpaid installments at an interest rate of ten percent (9%) simple interest per annum computed to the unpaid balance. The first of said installments of assessment shall be due and payable at such time as will be indicated in the assessing Resolution. The remainder of the annual installments of assessments and annual payments of interest shall be due and payable successively on the same days and each year thereafter until all are paid in full. E. That the property to be assessed for said improvements shall be the properties specifically benefitted by said improvements and more particularly described in the notice. F. The Clerk to the Board shall give notice of the hearing on the construction of the improvements by publication in one (1) issue of The New News, said publication to be not less than thirty (30) days prior to the date of the hearing. In addition, the notice, being a brief written synopsis for the proposed improvements pursuant to Section 30-20-603(2) (b) , Colorado Revised Statutes, shall be delivered or mailed by First Class mail to each property owner within the proposed district. The delivered or mailed notice shall be made not less than ten (10) days before the hearing. Said notice shall be in substantially the following form: 910539 Page 4 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT #1991-2 (Form of Notice of Hearing) NOTICE Docket No. 91-35 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ROADS 15 and 84 LOCAL IMPROVEMENT DISTRICT NO. 1991-2, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE COMPACTION, GRADING, AND PAVING, TOGETHER WITH ANY NECESSARY INCIDENTALS, TO CERTAIN ROADS THEREIN, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described and all persons generally, are hereby notified that the Board of County Commissioners of Weld County, Colorado, has adopted a Resolution declaring its intent to create a local improvement district within an unincorporated area of Weld County, Colorado, to be designated as Weld County Roads 15 and 84 Local Improvement District No. 1991-2, for the purpose of constructing and installing street improvements to include compaction, grading, and paving, together with any necessary incidentals, and to assess the cost of said improvements as proposed by petition of owners of the property who would bear more than one-half of the total proposed assessment within the district, all in accordance with the laws of the State of Colorado. 1. All persons are further notified that the kind of improvements proposed and the streets to be improved are as follows: Weld County Road 15, from State Highway 14, north a distance of 3.3 miles, and Weld County Road 84 between Weld County Road 13 and 15. The improvements include shaping, grading, draining, and paving the above described roads. The major construction quantities consist of 9,800 tons of hot bituminous pavement. 910539 Page 5 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT #1991-2 2. The area to be included within the district includes all or portions of Sections 5, 6, 7, and 8, Township 7 North, Range 67 West, and Sections 29, 30, 31, and 32, of Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado, as more fully set forth in Exhibit A, which is incorporated herein by this reference. The District shall also include the rights-of-way of the County roads described herein. 3. The assessment for said improvements may be paid in ten (10) equal annual installments of principal with interest on unpaid installments at an interest rate of nine percent (9%) simple interest per annum computed to the unpaid balance. 4. The assessment will be due and payable without demand within thirty (30) days from and after the effective date of a Resolution assessing the cost of said improvements, against the real property described herein in Paragraph 2. In the event any assessment against his or her property within said thirty (30) days, then the whole cost of the assessment against such property shall be payable in not more than ten (10) equal, annual installments of principal with interest on the unpaid installments, as aforesaid. The first of such installments shall be due and payable at such time as may be determined in and by the assessing Resolution and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, unless otherwise determined by the Board of County Commissioners, until they are paid in full. 5. As shown by the estimates of the Weld County Engineer, the total cost of the street improvements to be assessed against the property within the district is estimated not to exceed $70, 000. This represents an estimate of the cost of the labor and materials for installation by contract of the hot bituminous pavement and base preparation. The Board of County Commissioners, pursuant to CRS 30-20-606, has preliminarily found and determined that each and every described lot or parcel will specifically benefit from the proposed improvements based on the following facts: A. The market value of each of the properties will increase; B. The proposed improvements will adapt the property to a more profitable use; 910539 Page 6 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT 111991-2 C. There will be an alleviation of fugitive dust, eliminating the health hazards to the benefitted properties and to users of the public roads to be improved; D. The alleviation of fugitive dust will reduce maintenance costs to the subject properties nd paving will lessen the maintenance required for a public road; and E. The proposed improvements will facilitate access to each of the properties and thereby increase the convenience of the use of said property. Based on the findings and determinations of the Board of County Commissioners, it is intended that all of the costs of the street improvements will be assessed equally against all of the above described lots, parcels, and tracts. Property owners are specifically referred to the schedule of estimated proposed assessments on file in the Office of the Clerk to the Board from which the approximate amount to be assessed against any particular lot, tract, or parcel of property may be determined, but further it is stated that the estimated cost per parcel is $3,500, based upon the Engineer's cost divided equally among the 19 lots, parcels, and tracts. IT IS FURTHER STATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT AND PREPARATION OF BASE EXCEED THE AMOUNT OF $3,500 PER LOT, EXCLUDING INTEREST OR ANY PENALTIES, THE COUNTY OF WELD WILL ASSUME PAYMENT OF THE EXCESS. 6. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, the cost of the total improvements shall be apportioned equally to each of the above described lots and parcels. Notice of such apportionment shall be given and a hearing will be held prior to the adoption of a Resolution assessing such cost, all as provided by law. 7. Not less than thirty (30) days after the publication of this Notice, a Resolution authorizing said improvements will be considered by the Board of County Commissioners, to-wit: August 21, 1991, at 10:00 a.m. , or at an adjourned meeting thereafter, in the First Floor Hearing Room of the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. 910539 Page 7 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT #1991-2 8. A map, estimate, and schedule showing the approximate amount to be assessed and all Resolutions and proceedings are on file and can be seen and examined by any persons at any time during business hours on or before the date referred to in Paragraph 7. 9. All complaints and objections that may be made in writing concerning the proposed improvements by the owner or owners of any real property to be assessed will be heard and considered by the Board of County Commissioners at the meeting specified above, or at some adjournment thereof, before final action shall be taken. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: Carol A. Harding, Deputy DATED: July 10, 1991 PUBLISHED: July 18, 1991, in The New News G. The Board of County Commissioners, pursuant to Colorado Revised Statute 30-20-606, hereby finds and determines that each of the herein described lots and parcels will specifically benefit from the proposed improvements based on the following facts: 1. The market value of the property will increase; 2. The proposed improvements will adapt the property to be more profitable use; 3. There will be an alleviation of fugitive dust, eliminating the health hazards to the benefitted properties and to users of the public roads to be improved; 4. The alleviation of fugitive dust will reduce maintenance costs to the subject properties and paving will lessen the maintenance required for a public road; and 910539 Page 8 RE: WELD COUNTY ROADS 15 AND 84 LOCAL IMPROVEMENT DISTRICT #1991-2 5. The proposed improvements will facilitate access to the properties and thereby increase the convenience of use of said properties. Based on the findings and determinations of the preceding paragraph, it is intended that all of the costs of the street improvements will be assessed against each of the herein described lots and parcels. H. It is the estimate of the Board of County Commissioners that the cost of the paving to be assessed the landowners within the district will be $66,500, which is $3,500 per lot, parcel, or tract, and it is the intent of the Board of County Commissioners that the assessment per parcel, tract, or lot will not exceed $3,500. I. All Resolutions, or parts thereof, in conflict with the provisions hereof be, and the same hereby are, repealed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July A.D. , 1991. /ii, BOARD OF COUNTY COMMISSIONERS ATTEST duiWELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED DATE OF SIGNING - (NAY) //�/ / Gordon E. Lacy, Chairman By: /�jc-42, 4--c �.r-z-t /„ XL. Deputy Clerk tb the Board Geo e Kennedy, Pro-Tem APPROVED AS TO FORM: .•- ar.„2 4,A Constance L. Harbert (:7---_ o County Attorney C. W. Kirby A H. � / W. Hse 910539 EXHIBIT "A" A tract of land situate in the Northeast of Section 7, Township 7, North, Range 67 West of the Sixth P.M. , which considering the East line of the said Northeast $ as bearing S00°16'36"E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northeast corner of said Section 7 and run thence Soo°16'36"E 2517. 18 feet along the said East line to a point on the center line of the Water Supply and Storage Company ditch; thence along said center line N77°34'55"W 630.00 feet; and again N70°15'50"W 133. 70 feet; and again N63°44'20"W 176.29 feet; and again N54°13'40"W 138.57 feet; and again N45°34'45"W 139.87 feet; and again N33°16'30"W 164.93 feet; and again N22°18'35"W 288.20 feet; and again N15°18'25"W 307. 73 feet; and again N21°53'W 228.53 feet; and again N33°34'50"W 174.59 feet; and again N39°42'55"W 328.46 feet; and again N31°04'E 195.82 feet; and again N11°19'20"W 187.43 feet; and again N04°44'25"E 192.36 feet; and again N10°50'E 99.22 feet to a point on the North line of the said Northeast t; thence N86°06'40"E 15.89 feet along the said North line; thence S04°53'W 187. 19 feet; thence N86°06'40"E 528.55 feet; thence N03°53'20"W 185.00 feet to a point on the North line of the said Northeast ;; thence N86°06'40"E 1363.88 feet to the POINT OF BEGINNING EXCEPT: A portion conveyed to the North Weld County Water District by George A. Coutts in the Deed recorded October 22, 1970 in Book 635 as Reception No. 1556502, described as follows: COMMENCING at the NE corner of Section 7, Township 7 North, Range 67 West of the 6th P.M. , thence Southerly along the Easterly section line of said Section 7, a distance of 2,280 feet more or less; thence West a distance of 30 feet to the POINT OF BEGINNING, said point being on the Westerly right of way line of the County road; thence West a distance of 30 feet; thence South along a line parallel to the East line of said Section 7, to the Canal of the Water Supply and Storage Company in said Section 7; thenc Easterly along said Canal to a point on the Westerly right of way line of the County road; thence Northerly along said right of way to POINT OF BEGINNING. The North ; of Northwest ,' Section 8, Township 7 North, Range 67 West of the 6th P.M. , less 1.435 acres, containing 78.56 acres more or less; Page 1 of 6 910539 All that part of the NW,' of Section 5, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, which lies West of, and below the Cactus Hill Ditch or Lateral, containing 90 acres, more or less, except reservations as contained in Land Patent x152 recorded in Book 201, at Page 401, of the Weld County, Colorado, records; The E; of the SE,' and that part of the El of the NE,' of Section 7, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, lying South of the canal of the Water Supply and Storage Company; TOGETHER with 140 units of Northern Colorado Water Conservancy District; The W; of the SEq of Section 7, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado; The NE; of Section 18, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado; The SW,' of Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado; Except strips of land as conveyed by Deeds recorded in Book 76, Page 520 and in Book 250, Page 347, Weld County Records, and Except easement as granted by Instrument recorded in Book 376, Page 395, Weld County Records, and Except right of way as conveyed by Deed recorded in Book 1299, Page 325, Weld County Records; EXCEPT approximately 66 acres of land and 30 shares of North Poudre Irrigation Company conveyed to Kenneth W. Nelson The Sz of the NWl of Section 8, Township 7 North, Range 67 West of the 6th P.M. , EXCEPT portion conveyed to Weld County by Deed recorded March 7, 1907 in Book 250, Page 42, as follows: A strip of land to be used for road purposes only, 30 feet in width off the entire West and North side of the NW; of Section 8, Township 7 North, Range 67 West. ALSO EXCEPT portion conveyed to The Water Supply and Storage Company by Deed recorded March 3, 1908 in Book 250 Page 350, as follows: BEGINNING at the $ section corner on the West side of said Section 8, thence North on the West boundary 176 feet; thence South 68°30' E 520 feet to South boundary of said $ section; thence West on South boundary to POINT OF BEGINNING. Book 948, Reception 1869841, Recorded Exemption No. 0705-7-1-RE514 Page 2 of 6 910539 Northwest Quarter of Section 7, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, including easements found in Road Easement Agreement recorded December 6, 1976, at Reception No. 1705168, and subject to rights of way and easements as now established, reservations and restrictions of record, if any; ALL THAT PART OF THE W? OF THE NEI OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M. , LYING WESTERLY OF THE CANAL OF THE WATER SUPPLY AND STORAGE CO. , AS NOW CONSTRUCTED, COUNTY OF WELD, STATE OF COLORADO. The South I of the Southeast and the Northeast ' of the Southeast q, except 3; acres in the Northeast ' of the Southeast I, all in Section 31, Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado. The East Half of the Northeast Quarter (EzNEI) of Section Thirty-one (31) , Township Eight (8) North, Range Sixty-seven (67) West of the 6th P.M. ; and a parcel of land containing 3.5 acres particularly described as follows, to-wit: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter (NEtSED of Section 31, Township 8 North, Range 67 West of the 6th P.M. , thence South along the Section line 349.6 feet, thence North 81°17' West 117.7 feet, thence South 86°29' West 78.7 feet, /thence N. 7519' West 48.8 feet, / thence North 67°45' West 85.3 feet, thence North 57°41' West 123.6 feet, thence North 47°18' West 295.8 feet to the North line of the Southeast Quarter (SE'-I) , thence North 87°45' East 643.4 feet along quarter section line to the Northeast corner of Southeast Quarter (SE,'-,) , the place of beginning; A tract of land located in the NE,' of Section 6, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Considering the East line of the NEe of said Section 6 as bearing south 00°00'04" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 6, said corner also being the true point of beginning; thence along the said East line, South 00°00'04" West 1554.28 feet; thence South 86°58'21" West 1111.10 feet; thence North 00°25'06" West 1569.80 feet to a point on the North line of said Section 6; thence along said North line, North 87°47'35" East 1121.87 feet to the true point of beginning. Page 3 of 6 910539 A parcel of land located in the SE* of Section 6, Township 7 North, Range 67 West of the 6th P.M. , being more particularly described as follows: COMMENCING at the Southeast corner of said Section 6, and considering the East line of said Section 6 to bear North 00°00'00" West with all other bearings contained herein relative thereto; thence North 00°00'00" West along the East line of said Section 6, 410.00 feet to the TRUE POINT OF BEGINNING; thence North 71°24'50" West 1,864.57 feet; thence North 01°19' 10" West 1, 463.06 feet to the North line of the SE'-,-, of said Section 6; thence North 87°03'50" East along the North line of the SEe of said Section 6, 1,803.38 feet to the East line of said Section 6; thence South 00°00'00" East along the East line of said Section 6, 2, 149.33 feet to the TRUE POINT OF BEGINNING; EXCEPT a parcel of land conveyed to Weld County by F. G. Downs recorded in Book 250 at Page 47 as follows: A strip of land 30 feet in width off East side of SE* Section 6, Township 7 North, Range 67 West of the 6th P.M. , EXCEPT a parcel of land conveyed to The Water Supply and Storage Company by Forest G. Downs, in Book 273, at Page 330, described as follows: All that parcel of land situated in the SE,' Section 6, Township 7 North, Range 67 West 6th P.M. , lying between the North line of the 100 foot strip heretofor and on the 28th day of January 1907 conveyed by grantor to grantee and the high water line of the ditch of grantee when filled to a depth of 7 feet above the grade of same including that part of said SE; heretofor flooded and also where grantor's well is situated. Also said 100 foot strip as described in Deed recorded in Book 258 at Page 214 thereof of the records in the office of the County Clerk and Recorder. A tract of land located in the NE,' of Section 6, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Considering the East Line of the NE* of said Section 6 as bearing North 00°00'04" East, and with all bearings contained herein relative thereto: Commencing at the East quarter corner of said Section 6, thence along the said East Line, North 00°00'04" East, 689.66 feet the the true point of beginning. Thence, South 86°59'02" West, 1299.71 feet; thence, North 00°00'04" East, 343.78 feet; thence, North 86°58'21" East, 1299.72 feet to a point on the the said East Line; thence, along the said East Line South 00°00'04" West 343.44 feet to the true point of beginning, containing 10 acres more or less, Page 4 of 6 910539 A parcel located in the Southeast Quarter (SE!) of Section Six (6) , Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M. , Weld County, State of Colorado, being more particularly described as follows: Beginning at the Southeast corner of said Section Six (6) and considering the East line of said Section Six (6) to bear North 00°00'00" West with all bearings contained herein relative thereto. Thence North 00°00'00" West along said East line of Section Six (6) 410.00 feet; thence North 71°24'50" West 1,864.57 feet; thence South 86°07'00" West 390.20 feet; thence South 03°24'13" West 409.95 feet; thence South 53°43'23" East 634.68 feet; thence South 81°52'38" East 270.41 feet; thence South 02°25'28" East 249.55 feet to the South line of the Southeast Quarter (SE!) of said Section Six (6) ; thence North 86°7'00" East along said South line of the Southeast Quarter (SE!) of Section Six 1,394.26 feet to to the point of beginning. Said parcel of land contains 33.937 acres, more or less, The Southeast Quarter (SE!) of Section Six (6) , Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M. , except those portions previously conveyed by Warranty deed recorded in Book 571 under Reception Number 1, 492, 712 and by Warranty Deed recorded in Book 584 under Reception Number 1,505,574, Weld County records; A tract of land situate in the SW,' of Section 6, Township 7 North, Range 67 West of the 6th P.M. , which considering the West line of the said SW! as bearing N00°30'12"W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of the said SW,'--, which bears S00°30' 12"E 244. 12 feet from the W,'-, corner of said Section 6 and run thence along the Southerly line of the Water Supply and Storage Company Ditch S45°55'55"E 1242.42 feet, and again S49°13'17"E, 293.99 feet and again 556°24'40"E 155.49 feet, and again $69°30'30"E 166.93 feet, and again S77°59'55"E 513.49 feet, and again S76°13'55"E 400.34 feet, and again $68°33'55"E 151.59 feet to a point on the East line of the said SW;; thence along said East line S00°27'30"E 778.69 feet to the Se corner of said Section 6; thence S86°06'58"W 2424.12 feet to the Southwest corner of said Section 6; thence N00°30' 12"W 2400.97 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed to The Water Supply and Storage Company by Deed recorded March 21, 1908 in Book 250 at Page 367, described as follows: A strip of land 25 feet in width, 12i feet on each side of the center line of the Brooks lateral and running from main ditch of second party South along West line of said Quarter Section to a point near old ditch right of way and all situated in said SW,' Section 6, Township 7 North, Range 67 West of the 6th P.M. Southwest Quarter (SW!) and all that part of the South Half of Southeast Quarter (SI of SE!) and the Northwest Quarter of the Southeast Quarter (NW! of SE!) lying West of the Cactus Hill ditch as said ditch is now constructed across said Southeast Quarter (SE' ) , all in Section (5) , Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M. . Except reservations as contained in patent recorded in Book 201 at page 401 and in deed recorded in Book 233 at page 58 Weld County Records. Page 5 of 6 910539 All my right, title and interest in Southwest Quarter (SWk) and all that part of the South Half (Si) of the Southeast Quarter (SEk) and the Northwest Quarter (NW6) of the Southeast Quarter (SE,'-,) lying West of the Cactus Hill ditch as said ditch is now constructed across said Southeast Quarter (SE,'-,) , all in Section Five (5) , Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M. A tract of land located in the NE,' of Section 6, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Considering the East line of the NE'„ of said Section 6 as bearing N 00°00'04" E, and with all bearings contained herein relative thereto: Commencing at the Ea Corner of said Section 6, said point also being the true point of beginning, thence along the south line of the NE;, S 87°07'44" W, a distance of 1299.54 feet; thence N 00°00'04" E, a distance of 686.37 feet; thence, N 86°59'02" E, a distance of 1299. 71 feet to a point on the east line of said Section 6; thence, along the said east line, S 00°00'04" W, a distance of 689.66 feet to the true point of beginning, containing 20.025 acres more or less and subject to a 30 foot right of way for an existing county road on the east side of the above described tract except irrigation ditches and laterals in place or of record, patent and mineral reservations, if any, and protective covenants. Page 6 of 6 910539 Hello