HomeMy WebLinkAbout971970.tiff30 W
RESOLUTION
RE: APPROVE SETTLEMENT AGREEMENT REGARDING RIGHT-OF-WAY FOR WELD
COUNTY ROAD 396 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 a Settlement Agreement Regarding
Right -of -Way for Weld County Road 396 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 Dick L. and Virginia Joanne Pirnie, with terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Settlement Agreement Regarding Right -of -Way for Weld
County Road 396 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 Dick
L. and Virginia Joanne Pirnie be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of September, A.D., 1997.
APPROV a AS T!i: ORM:
Clerk to the Board
unty Atto ney
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eie , Pay G /-2 Piro
BOARD OF COUNTY COMMISSIONERS
WE�UNTY, COLORADO
George E. Baxter, Chair
W. H. Webste
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
(AYE)
971970
EG0036
SETTLEMENT AGREEMENT REGARDING RIGHT-OF-WAY
FOR WELD COUNTY ROAD 396
THIS SETTLEMENT AGREEMENT is made and entered into thisc of day of August, 1997,
by and between Dick L. Pirnie and Virginia Joanne Pimie, whose address is 4813 West 54th Street,
Greeley, Colorado 80631, hereinafter referred to as "the Pirnies," and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County is working to improve portions of Weld County Road ("WCR") 396,
immediately southwest of its intersection with 47th Street (WCR 47), and
WHEREAS, said WCR 396 was established by a Road Viewers Report approved by the
Board of County Commissioners of the County of Weld on January 6, 1904, and recorded January
29, 1904, at Book 83, Page 194, in the Office of the Weld County Clerk and Recorder, and
WHEREAS, the Pieties own property located to the north and west of WCR 396 and said
intersection, which property is described in the attached Exhibit "A," and
WHEREAS, a dispute has arisen between the two parties regarding the positioning of WCR
396 as it passes on the southern side of the Pirnies' property, and
WHEREAS, the County is in need of at least fifty-five (55) feet of right-of-way for said
portion of WCR 396, with additional right-of-way necessary at said intersection, and
WHEREAS, the parties hereto now desire to enter into this Settlement Agreement for the
purpose of settling their dispute and to better define their respective properties at the above described
location.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
1. The County agrees to pay to the Pirnies the sum of fifteen thousand dollars ($15,000). Said
sum represents the entire amount of moneys to be paid by County to the Pirnies in exchange
for the conveyance of right-of-way and release from the Pirnies described herein.
2. The Pirnies agree to convey to County by quit claim deed and County agrees to accept the
right-of-way described in Exhibit "B."
3. County agrees to convey to the Pirnies by quit claim deed the property described in Exhibit
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4. The County agrees to demolish, at no cost to the Pimies, the concrete pad located on the
Pirnie's property, which is now a slab for a feed bunk, to the extent it is abandoned by the
Pirnies within twenty (20) days hereof. The County shall remove the demolished concrete
from the Pirnies' property. The Pirnies grant the County the right to use said concrete pieces,
at no cost to the County, as "rip -rap" in the improvement project. The Pirnies further grant
to the County a temporary easement for the purpose of demolishing said concrete pad and
removing the same.
5. The Pirnies agree that they, or a contractor on their behalf, shall, no later than August 28,
1997, remove any fencing and/or other materials owned by them situate within said right-of-
way.
6. The parties 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.
7. Although the date of the transfer of the right-of-way and of the property 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 the County and The Pirnies, the County, its contractors,
agents, employees, and all others deemed necessary by County shall have the irrevocable
right to possess and use all of said right-of-way, if deemed necessary by County for the
purpose of construction or maintenance of said right-of-way, provided that any fencing
and/or other materials of the Pimies' situate thereon will be removed by the Pimies, or
contractor on their behalf, without interference.
The Vs reserve an easement across and on said right-of-way located generally at its
north end for the purpose of maintaining and operating a concrete irrigation box, as it
now exists or as changed hereafter.
9. The Pimies, on behalf of themselves, their heirs, executors, administrators, and assigns,
release, acquit, and forever discharge the County, and it employees, from any and all actions,
causes of action, or claims they now have and which have arisen out of the occupation and
use of the right-of-way described in Exhibit B, which is to be conveyed to the County as
described above for the construction of improvements to WCR 396. Such release shall
include, but is not limited to, all claims or causes of action, as well as for damages, injunctive
relief, costs, expenses, compensation, attorney fees, or any other claims or amounts arising
from said loss. Such release does not include any damage or injury to equipment or property
located off said right-of-way which may occur in the course of said construction. In
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executing this Settlement Agreement, neither party is admitting any liability or wrongdoing
to another party and all parties expressly disclaim the same. All parties agree not to use the
fact of execution of this Settlement Agreement to suggest any liability or wrongdoing by any
other party.
IT IS MUTUALLY AGREED that the terms and conditions of this Settlement 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.
Dick L. Pirnie
STATE OF COLORADO )
County of Weld ) ss
The foregoing instrument was acknowledged before me thiq.....144ay of August, 1997, by
Dic,(c Lp: Pirnie and Virginia Joanne Pirnie.
My,Oommission expires: /7g
ATTEST:
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
BY:
eputy Clerk to the Board
M:\W PFILES\AGREE\PIRNIEST.BTB
Witness my hand and official seal.
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
t
George'E. Baxter, Chairmnb7
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EXHIBIT "A"
PARCEL A (Pirnie Parcel)
That portion of that certain parcel of land described under Reception No. 1551902, being in the
Northeast Quarter of Section 34, Township 5 North, Range 66 West of the 6th P.M., County of
Weld, State of Colorado more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 34, as monumented by a 2 1/2"
diameter metallic pipe with a 3 1/4" diameter brass cap, P.L.S. 16415 at the Northeast corner of
said Section 34 and by a hard native stone with a triangular shaped top with a "W" chiseled on the
top, measuring 10" X 6" X 16", and being gray to black in color, and being consistent with the
records of the Weld County Surveyor, dated March 22, 1900, on file in the office of the Weld
County Clerk and Recorder, set as a witness to the true East Quarter corner, being on the East line
of said Northeast Quarter and being 105' North of the true East Quarter corner of said Section 34
per the Weld County Surveyor's Records, to bear an assumed bearing of South 03°08'56" East
with all bearings contained hereon relative thereto.
Beginning at the Northeast corner of said Section 34; thence along the East line of the Northeast
Quarter of said Section 34 South 03°08'56" East 1874.13 feet to the Northerly line of that certain
parcel described under Reception No. 1551902; thence along said Northerly line South 74°04'36"
West 30.76 feet to the TRUE POINT OF BEGINNING; thence along said Northerly line South
74°04'36" West 1035.24 feet to the Northwesterly corner of said parcel; thence along the Westerly
line of said parcel South 22°00'30" East 628.72 feet to the Northerly right of way line of Weld
County Road 396, said point being on a curve to the left, having a central angle of 01 °20'22" and a
radius of 445.00 feet, the chord of said curve bears North 47 °43'32" East 10.40 feet; thence
Northeasterly along said right of way line and the arc of said curve 10.40 feet to the end of said
curve; thence continuing along said right of way line the following six courses: North 47°03'21"
East 575.34 feet to the beginning of a curve to the left, having a central angle of 02°30'59" and a
radius of 945.00 feet, the chord of said curve bears North 45°47'52" East 41.50 feet; thence
Northeasterly along the arc of said curve 41.51 feet to the end of said curve; thence North
44°32'22" East 255.27 feet to the beginning of a curve to the left, having a central angle of
10°37'23" and a radius of 445.00 feet, the chord of said curve bears North 39°13'40" East 82.39
feet; thence Northeasterly along the arc of said curve 82.51 feet to the end of said curve; thence
North 33°54'59" East 55.51 feet; thence North 20°20'34" East 118.42 feet to the Westerly right of
way line of 47th Avenue; thence along said right of way line North 03°08'56" West 36.21 feet
more or less to the TRUE POINT OF BEGINNING.
The above described parcel contains a gross acreage of 8.66 acres more or less.
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EXHIBIT "B"
PARCEL B (County Road Parcel)
That portion of the Northeast Quarter of Section 34, Township 5 North, Range 66 West of the
6th P.M., County of Weld, State of Colorado more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 34, as monumented by a 2 1/2"
diameter metallic pipe with a 3 1/4" diameter brass cap, P.L.S. 16415 at the Northeast corner of
said Section 34 and by a hard native stone with a triangular shaped top with a "W" chiseled on
the top, measuring 10" x 6" X 16", and being gray to black in color, and being consistent with the
records of the Weld County Surveyor, dated March 22, 1900, on file in the office of the Weld
County Clerk and Recorder, set as a witness to the true East Quarter corner, being on the East
line of said Northeast Quarter and being 105' North of the true East Quarter corner of said
Section 34 per the Weld County Surveyor's Records, to bear an assumed bearing of South
03°08'56" East with all bearings contained hereon relative thereto.
Beginning at the Northeast corner of said Section 34; thence along the East line of the Northeast
Quarter of said Section 34 South 03 °08'56" East 1874.13 feet to the Northerly line of that certain
parcel described under Reception No. 1551902, said point being the TRUE POINT OF
BEGINNING; thence along said Northerly line South 74°04'36" West 30.76 feet to the Westerly
right of way line of 47th Avenue; thence along said right of way line South 03°08'56" East 36.21
feet to the Northerly line of Weld County Road 396; thence along said Northerly line the
following six courses: South 20°20'34" West 118.42 feet; thence South 33°54'59" West 55.51
feet to the beginning of a curve to the right, having a central angle of 10°37'23" and a radius of
445.00 feet, the chord of said curve bears South 39°13'40" West 82.39 feet; thence
Southwesterly along the arc of said curve 82.51 feet to the end of said curve; thence South
44°32'22" West 255.27 feet to the beginning of a curve to the right, having a central angle of
02 °30'59" and a radius of 945.00 feet, the chord of said curve bears South 45 °47'52" West 41.50
feet; thence Southwesterly along the arc of said curve 41.51 feet to the end of said curve; thence
South 47°03'21" West 575.34 feet to the beginning of a curve to the right, having a central angle
of 01°20'22" and a radius of 445.00 feet, the chord of said curve bears South 47°43'32" West
10.40 feet; thence Southwesterly along the arc of said curve 10.40 feet to the Westerly line of
that certain parcel described under Reception No. 1551902; thence along said Westerly line and
the Southerly prolongation of said Westerly line South 22°00'30" East 57.98 feet to the
Southerly right of way line of Weld County Road 396, said point being the beginning of a curve
to the left, having a central angle of 03°34'06" and a radius of 500.00 feet, the chord of said
curve bears North 48°50'24" East 31.13; thence Northeasterly along said right of way line and
the arc of said curve 31.14 feet to the end of said curve; thence along said right of way line the
following five courses: North 47°03'21" East 575.34 feet to the beginning of a curve to the left,
having a central angle of 02°30'59" and a radius of 1000.00 feet, the chord of said curve bears
North 45 °47'52" East 43.92 feet; thence Northeasterly along the arc of said curve 43.92 feet to
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the end of said curve; thence North 44°32'22" East 255.27 feet to the beginning of a curve to the
left, having a central angle of 10°37'23" and a radius of 500.00 feet, the chord of said curve bears
North 39°13'40" East 92.57 feet; thence Northeasterly along the arc of said curve 92.70 feet;
thence North 33°54'59" East 160.56 feet to the Easterly right of way line of 47th Avenue; thence
along said right of way line North 03°08'56" West 107.74 feet to the Northerly line of that
certain parcel described under Reception No. 1551902; thence along said Northerly line South
74°04'36" West 30.76 feet more or less to the TRUE POINT OF BEGINNING.
The above described parcel contains a gross acreage of 1.58 acres more or less.
M:AWPFILESVDEEDSVPARCELB.
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30
QUIT CLAIM DEED
THIS DEED is made this '7 day of %%Ta4C4./ , 1998, between the County of Weld, a body
politic and corporate of the State of Colorado, grantor, and to Dick L. Pirnie and Virginia Joanne
Pirnie, 4813 West 54th Street, Greeley, Colorado 80631, grantees.
WITNESSETH, that the grantor, for and in consideration of good and valuable
consideration paid by the grantees to the grantor, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise, release, sell, convey and QUIT CLAIM unto the grantees, their heirs, successors and
assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the
following described lots or parcels of land situate, lying and being in the County of Weld and State
of Colorado, to wit:
All of the real property described in the attached Exhibit "A."
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit
and behoof of the grantees, their heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year
first above written.
IN WITNESS WHEREOF, I, Constance L. Harbert, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County, grantor herein,
and by virtue of the Order contained in the Resolution made by said Board of County
Commissioners on the 8th day of September,,} 997, have hereunto set my hand and affixed the seal
, 1998, for the uses and purposes therein set forth.
of said County this q day of
ERK ''I I 1 OARD OF
1 Y 1OMMISSIONERS
STATE OF COLORADO
County of Weld
) ss.
COUNTY OF WELD, A BODY POLITIC
AND CORPORATE OF THE STATE OF
COLORADO
BY:
LAP'25,74%;14r4te JeaL"
Constance L. Harbert, Chair
The foegoing instrument was acknowledged before me this 9 day of
, 19CE12 , by Constance L. Harbert, as Chair of the Board of County
Commissioners of the County of Weld in the State of Colorado.
Witness my hand and official seal.
MY COW SSION EXPIRES
My commission expires: 1r,NU Y 10, 1999
M.\W PFILES\DEEDS\QCW ELD BTB
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EXHIBIT "A"
PARCEL A (Pimie Parcel)
That portion of that certain parcel of land described under Reception No. 1551902, being in the
Northeast Quarter of Section 34, Township 5 North, Range 66 West of the 6th P.M., County of
Weld, State of Colorado more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 34, as monumented by a 2 1/2"
diameter metallic pipe with a 3 1/4" diameter brass cap, P.L.S. 16415 at the Northeast corner of
said Section 34 and by a hard native stone with a triangular shaped top with a "W" chiseled on the
top, measuring 10" X 6" X 16", and being gray to black in color, and being consistent with the
records of the Weld County Surveyor, dated March 22, 1900, on file in the office of the Weld
County Clerk and Recorder, set as a witness to the true East Quarter corner, being on the East line
of said Northeast Quarter and being 105' North of the true East Quarter corner of said Section 34
per the Weld County Surveyor's Records, to bear an assumed bearing of South 03 °08'56" East
with all bearings contained hereon relative thereto.
Beginning at the Northeast corner of said Section 34; thence along the East line of the Northeast
Quarter of said Section 34 South 03°08'56" East 1874.13 feet to the Northerly line of that certain
parcel described under Reception No. 1551902; thence along said Northerly line South 74 °04'36"
West 30.76 feet to the TRUE POINT OF BEGINNING; thence along said Northerly line South
74°04'36" West 1035.24 feet to the Northwesterly corner of said parcel; thence along the Westerly
line of said parcel South 22°00'30" East 628.72 feet to the Northerly right of way line of Weld
County Road 396, said point being on a curve to the left, having a central angle of 01°20'22" and a
radius of 445.00 feet, the chord of said curve bears North 47°43'32" East 10.40 feet; thence
Northeasterly along said right of way line and the arc of said curve 10.40 feet to the end of said
curve; thence continuing along said right of way line the following six courses: North 47°03'21"
East 575.34 feet to the beginning of a curve to the left, having a central angle of 02°30'59" and a
radius of 945.00 feet, the chord of said curve bears North 45°47'52" East 41.50 feet; thence
Northeasterly along the arc of said curve 41.51 feet to the end of said curve; thence North
44°32'22" East 255.27 feet to the beginning of a curve to the left, having a central angle of
10°37'23" and a radius of 445.00 feet, the chord of said curve bears North 39°13'40" East 82.39
feet; thence Northeasterly along the arc of said curve 82.51 feet to the end of said curve; thence
North 33°54'59" East 55.51 feet; thence North 20°20'34" East 118.42 feet to the Westerly right of
way line of 47th Avenue; thence along said right of way line North 03°08'56" West 36.21 feet
more or less to the TRUE POINT OF BEGINNING.
The above described parcel contains a gross acreage of 8.66 acres more or less.
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WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
2 7TH STREET. SUITE 760
STOW L. WITWER. JR.
R. SAM OLDENBURG
JOHN J. BARRY
JEFFREY T. BEDINGFIELD
JACQUELINE JOHNSON
PATRICK M. GROOM
Bruce T. Barker
Weld County Attorney
P. O. Box 1948
Greeley, CO 80632
GREELEY, CO 80631
(970) 352-3161
FACSIMILE (970) 352-3165
August 26, 1997
CHARLES A. KAROWSKY
RETIRED
A ELD COUNTY
ATTORNEY'S OFFICE
Re: Settlement Agreement between Weld County and Dick and Joanne Pirnie
Dear Bruce:
I enclose two copies of the Settlement Agreement which have been executed by Mr. and Mrs. Pirnie.
I would appreciate your returning an executed copy when it is signed by the county.
You will note that we have modified paragraph 8 to correct the location of the irrigation box as being
at the northeast end of the property rather than northwest.
I think everything is in order except that Mr. and Mrs. Pirnie advise me that according to their
measurements, the state westerly right-of-way is approximately 58 to 59 feet west of the east line
of the road. Obviously, their measurements were informal, however, we expect the county to
properly measure the right-of-way in order that it be 55 feet from the fence along the east side of the
road.
I would like to express the appreciation of Mr. and Mrs. Pirnie to county representatives in resolving
what could have become a very difficult issue. I trust that all persons are relieved and satisfied that
we were able to fashion a just result for all parties. Thank you for your professional attention to this
matter.
Yours very truly,
WITWER, OLDENBURG, BARRY &
BEDINLIFIELD, LLP
Srow Witwer, Jr.
jea
Enclosures
cc: Mr. and Mrs. Dick Pirnie
County of Weld
QUIT CLAIM DEED
THIS DEED is made this /rk
3 —day of am -a) , 1998, between Dick L. Pirnie and Virginia
Joanne Pirnie, grantors, and to the County of Weld, a body politic and corporate of the State of
Colorado, 915 10th Street, Greeley, Colorado 80631, grantee.
WITNESSETH, that the grantors, for and in consideration of the sum of $15,000 and other
good and valuable consideration by the grantee, in hand paid, to the grantors, the receipt whereof is
hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED,
and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its
heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the
grantors have in and to the following described lots or parcels of land situate, lying and being in the
County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit "A."
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit
and behoof of the grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, the grantors have hereunto set its hand and seal the day and
year first above written.
STATE OF COLORADO )
) ss.
GRANTORS:
cam_
Jk
Dick L. Pirnie
Virg ,ia Joanne .l i me
V
foregoing instrument was acknowledged before me this /3aG day of
, 19 91 , by Dick L. Pirnie and Virginia Joanne Pirnie.
Andy hand and official seal this /34" day of
o=
Ission expWreg 9, a oo
M.AWPFILESVDEEDS VQCPRINIERTA
, A.D., 19 f .
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EGao3(O.
EXHIBIT "A"
PARCEL B (County Road Parcel)
That portion of the Northeast Quarter of Section 34, Township 5 North, Range 66 West of the
6th P.M., County of Weld, State of Colorado more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 34, as monumented by a 2 1/2"
diameter metallic pipe with a 3 1/4" diameter brass cap, P.L.S. 16415 at the Northeast corner of
said Section 34 and by a hard native stone with a triangular shaped top with a "W" chiseled on
the top, measuring 10" x 6" X 16", and being gray to black in color, and being consistent with the
records of the Weld County Surveyor, dated March 22, 1900, on file in the office of the Weld
County Clerk and Recorder, set as a witness to the true East Quarter corner, being on the East
line of said Northeast Quarter and being 105' North of the true East Quarter corner of said
Section 34 per the Weld County Surveyor's Records, to bear an assumed bearing of South
03 °08'56" East with all bearings contained hereon relative thereto.
Beginning at the Northeast corner of said Section 34; thence along the East line of the Northeast
Quarter of said Section 34 South 03 °08'56" East 1874.13 feet to the Northerly line of that certain
parcel described under Reception No. 1551902, said point being the TRUE POINT OF
BEGINNING; thence along said Northerly line South 74°04'36" West 30.76 feet to the Westerly
right of way line of 47th Avenue; thence along said right of way line South 03 °08'56" East 36.21
feet to the Northerly line of Weld County Road 396; thence along said Northerly line the
following six courses: South 20°20'34" West 118.42 feet; thence South 33°54'59" West 55.51
feet to the beginning of a curve to the right, having a central angle of 10°37'23" and a radius of
445.00 feet, the chord of said curve bears South 39°13'40" West 82.39 feet; thence
Southwesterly along the arc of said curve 82.51 feet to the end of said curve; thence South
44°32'22" West 255.27 feet to the beginning of a curve to the right, having a central angle of
02°30'59" and a radius of 945.00 feet, the chord of said curve bears South 45°47'52" West 41.50
feet; thence Southwesterly along the arc of said curve 41.51 feet to the end of said curve; thence
South 47°03'21" West 575.34 feet to the beginning of a curve to the right, having a central angle
of 01 °20'22" and a radius of 445.00 feet, the chord of said curve bears South 47°43'32" West
10.40 feet; thence Southwesterly along the arc of said curve 10.40 feet to the Westerly line of
that certain parcel described under Reception No. 1551902; thence along said Westerly line and
the Southerly prolongation of said Westerly line South 22°00'30" East 57.98 feet to the
Southerly right of way line of Weld County Road 396, said point being the beginning of a curve
to the left, having a central angle of 03°34'06" and a radius of 500.00 feet, the chord of said
curve bears North 48 °50'24" East 31.13; thence Northeasterly along said right of way line and
the arc of said curve 31.14 feet to the end of said curve; thence along said right of way line the
following five courses: North 47°03'21" East 575.34 feet to the beginning of a curve to the left,
having a central angle of 02°30'59" and a radius of 1000.00 feet, the chord of said curve bears
North 45 °47'52" East 43.92 feet; thence Northeasterly along the arc of said curve 43.92 feet to
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the end of said curve; thence North 44°32'22" East 255.27 feet to the beginning of a curve to the
left, having a central angle of 10°37'23" and a radius of 500.00 feet, the chord of said curve bears
North 39°13'40" East 92.57 feet; thence Northeasterly along the arc of said curve 92.70 feet;
thence North 33°54'59" East 160.56 feet to the Easterly right of way line of 47th Avenue; thence
along said right of way line North 03°08'56" West 107.74 feet to the Northerly line of that
certain parcel described under Reception No. 1551902; thence along said Northerly line South
74°04'36" West 30.76 feet more or less to the TRUE POINT OF BEGINNING.
The above described parcel contains a gross acreage of 1.58 acres more or less.
M:AWPFILESVDEEDS \PARCELB.
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