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Home My WebLink About952650.tiffCONTRACT TO BELL Carl Schaal and Pamela N. Schaal, hereinafter referred to as "Schaal", whose address is 13900 Weld County Road 1, Longmont, Colorado 80504, agrees to sell to THE COUNTY OF WELD, hereinafter referred to as "County", whose mailing address is 915 Tenth Street, Greeley, Colorado 80631, and the County agrees to purchase the following described Permanent Easement attached hereto as "Exhibit A"; together with a Grant of Temporary Easement for Construction attached hereto as "Exhibit B", for the State Department of Transportation Project No. SHE 0661-002 (10483), together with all improvements thereon and appurtenances thereto currently on the premises, except as herein provided in their present condition, which Permanent Easement and Temporary Easement for Construction the County agrees to acquire upon the following terms and conditions, for the purchase price of Four Hundred Sixty ($460.00) Dollars, payable by check, or warrant, delivered to Schaal at closing and upon delivery of the Permanent Easement as set forth in Paragraph 2. below, and the Grant of Temporary Construction Easement as set forth in Paragraph 3. below, at the time and place of closing to be designated by County, less any amounts to be withheld in accordance with this contract, and further subject to all terms and conditions hereof as follows: 1. The County agrees to pay Schaal the purchase price of Four Hundred Sixty ($460.00) Dollars, for said Permanent Easement and Grant of Temporary Construction Easement. 2. Schaal shall execute and deliver to the County the Permanent Easement, attached hereto as "Exhibit A", as more particularly described in "Exhibit A (PE -4)" containing 1,466 square feet, more or less, situated in the County of Weld, State of Colorado on November 29th, 1995, or, by mutual agreement, at an earlier date free and clear of all liens, encumbrances, restrictive covenants and easements. 3. Contemporaneously with the easement noted in Paragraph 2., above, Schaal shall execute and deliver to the County a Grant of Temporary Easement for Construction, attached hereto as "Exhibit B", as more particularly described in "Exhibit A (TE-4)" containing 4,890 square feet, more or less, situated in the County of Weld, State of Colorado, said easement to be for a term of one year commencing on January 1, 1996, and ending on December 31, 1996. 4. In addition to the payment described in Paragraph 1 above, the County agrees that prior to the completion of construction, the State Department of Transportation, its contractors, agents, or employees will reset or replace the fence along Schaal's northerly and westerly property lines, which may be disturbed by the construction of this project. 5. It is also understood that the County shall rely upon the terms of this Agreement and may expend funds and labor in f hk 4\21-2_ 1 /04 f ;/b furtherance of the project based upon that reliance. 6. Time is of the essence hereof, and all terms, conditions and covenants shall be tendered or performed as specified herein. 7. Schaal represent and covenant to the County that Schaal comprises all of the parties who have an interest in said property conveyed by this contract as owners, lessees, or tenants, and that to the best of Schaal's knowledge, there are no other interested parties in said property. 8. If Schaal, is unable to convey possession to the County, then notwithstanding any provision hereof to the contrary, the County may, at its option, declare this contract void, and proceed to acquire the property by condemnation, provided, however, the County may use this executed contract in said condemnation action to establish the fair market value of the property being acquired. 9. This contract is intended as the complete integration of all understandings between the parties, and once it is executed by all the parties it shall be binding upon and shall inure to the benefit of the parties, their heirs, successors and assigns. 10. All of the conditions, promises and covenants stated herein shall be in full force and effect, notwithstanding the conveyances as required herein, and shall not merge with said conveyances. t."'t y. 'Attest: ) 1 / 11 / `TS / By: .� Date Da a K. Hall, Chairman Board of County Commissioners THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through it Board of County Commissioners Carl Schaal c23--7y--72_4V ayrntlet- Pamela M. Schaal' STATE OF COLORADO ) . SS. COUNTY OF WELD ) 4144- The foregoing instrument was acknowledged before me this ii day of November, 1995, by Carl Schaal and Pamela M. Schaal. WITNESS my hand and official seal. My commission expires: /49 �‘ t whose address is: tor , co 90903 "-EXHIBIT A" PERMANENT EASEMENT 44 his permanent easement made this �1 Tday of November, 1995 between Carl Schaal and Pamela M. Schaal hereinafter referred to as Schaal, whose address is 13900 Weld County Road 1, Longmont, Colorado 80504, and The County of Weld, of the State of Colorado, hereinafter referred to as County, whose legal address is 915 Tenth Street, Greeley, Colorado 80631. Schaal, for and in consideration of the sum of Three Hundred Forty ($340.00) Dollars, and other valuable consideration, in hand paid by the County, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, and convey unto the County, its successors and assigns forever, a perpetual all- inclusive permanent easement over, under, across, and on, the following described real property located in the County of Weld, State of Colorado, and described as follows: See "Exhibit A (PE -4)", attached hereto, and by this reference made a part hereof, and containing 1,466 square feet, more or less. Said all-inclusive permanent easement is for the purpose of providing and maintaining improvements for public roadway and its attendant facilities, including by way of example, but not limited to: lateral support, road shoulder, sidewalk, bikeway, drainage, and any and all other attendant improvements. Together with the right to install any and all utilities including by way of example, but not limited to, water, sewer, electric, gas, telephone, and cable television on, above, or below said lands, and to maintain proper sight distances and lines of sight, as may be determined by the Weld County Transportation Department, for said public roadway. The County, its successors, contractors or assigns, and their agents and employees shall have the perpetual irrevocable right to survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain improvements for said public roadway and attendant facilities, together with full right to control and limit access to and from any roadway or other improvement upon said property. Schaal relinquish the right to use said property for any and all purposes which interfere with the County's full use and enjoyment of the rights acquired herein. Schaal or their successors, assigns and subsequent grantees, relinquish the right to improve said property or grant any easements upon, over, across or under said property without first obtaining the written consent of the Weld County Transportation Department. Schaal for themselves, their successors and assigns, do covenant, grant, bargain and agree with the County, its successors and assigns, that at the time of the signing and delivery of this all-inclusive permanent easement, they are well seized of the property on which the easement above conveyed is located, and have good, sure, perfect, absolute and indefeasible estate, in law, in fee simple and have good right, full power and lawful authority to grant, bargain, sell and convey the above all-inclusive permanent easement in the manner and form set forth above. IN WITNESS WHEREOF, Schaal have caused there names to be subscribed hereto, the day and year first written above. Carl Schaal STATE OF COLORADO } SS. COUNTY OF WELD } ) PamelaM. haaR The foregoing instrument was acknowledged before me this day of November, 1995, by Carl Schaal and Pamela M. Schaal. WITNESS my hand and official seal. My commission expires: (72$ 6 whose address is: C X0%03 "EXHIBIT B" GRANT OF TEMPORARY EASEMENT FOR CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS: That Carl Schaal and Pamela M. Schaal, hereinafter "Schaal", whose address is 13900 Weld County Road 1, Longmont, Colorado 80504, in consideration of One Hundred Twenty ($120.00) Dollars, in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to THE COUNTY OF WELD, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter "County" a Temporary Easement for use during construction of the State Department of Transportation Project No. SHE 0661-002 (10483), together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the tract of land described as follows: See "Exhibit A (TE-4)", attached hereto, and by this reference made a part hereof, and containing 4,890 square feet, more or less, 1. Said Temporary Easement shall expire and be of no further force or effect on December 31, 1996. 2. Schaal further grants to County the right of ingress to and egress from (access) said land over and across the adjoining lands of the Schaal for the purpose of construction on and along said Temporary Easement. 3. During the term of erect or construct, building or other which may interfere hereunder. this Temporary Easement, Schaal shall not or allow to be erected or constructed, any structure on the lands described herein with County's full enjoyment of the rights 4. As a condition of the granting of this Temporary Easement the County covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable to their original condition. 5. County, covenants and agrees that access to property will be maintained through construction without interruption. 6. The parties hereto 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. 7. Schaal warrants full and lawful authority to make the grant hereinabove contained. 8. All the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. Carl Schaal STATE OF COLORADO} . SS. COUNTY OF WELD} The foregoing instrument was acknowledged before me this day of November, 1995, by Carl Schaal and Pamela M. Schaal. MITNESS my hand and official seal. My commission expires: 1/28 whose address is: �d �1/4,3 EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: PE -4 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A permanent easement No. PE -4 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0337 acres being a part of Northwest Quarter of Section 30, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Northwest Corner of the Northwest Quarter of said Section 30, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence South 00°13'53" East, 97.00 feet, along the westerly line of said Northwest Quarter; Thence North 89°10'10" East, 29.77 feet, to a point on the southerly right-of-way line of State Highway 66 as described in deed recorded in Book 1553 at Page 494 of the Weld County records and the TRUE POINT OF BEGINNING; Thence North 44°31'14" East, 24.27 feet, along said southerly right-of- way line; Thence South 04°56'01" West, 189.63 feet, to the easterly right-of-way line of Weld County Road 1; Thence North 00°14'11" West, 171.62 feet, along said easterly right-of- way line to the Point of Beginning. Containing 0.0337 acres, or 1466 square feet, more or less. I hereby certify that the attached legal desiffiligarion was prepared under -my direct supervision. .000 REG0�� i o F'4oOyf ?' Forand Once Mfr .«p v ? WESTERN STAR /OWE G, INC. Clyde J . BieliliCinga00 LS 23032 9329-007TPE-4.LEG EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: TE-4 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A temporary easement No. TE-4 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.1123 acres being a part of the Northwest Quarter of Section 30, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Northwest Corner of the Northwest -Quarter -of said Section 30, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence South 00°13'53" East, 97.00 feet, along the westerly line of said Northwest Quarter; Thence North 89°10'10" East, 29.77 feet, to the intersection of the southerly right-of-way line of State Highway 66 as described in deed recorded in Book 1553 at Page 494 of the Weld County records and the easterly right-of-way line of Weld County Road 1; Thence South 00°14'11" East, 171.62 feet, along said easterly right-of- way line to the TRUE POINT OF BEGINNING; -Thence North 04°56'01" East, 189.63 feet, to a point on said southerly right-of-way line; 'Thence North 44°31'14" East, 46.94 feet, along said southerly right-of- way line; Thence North 89°08'44" East, 79.18 feet, along said southerly right-of- way line; Thence South 71°04'02" West, 107.92 feet; Thence South 04°56'01" West, 189.67 feet; Thence South 00°14'11" East, 149.18 feet, to the northerly line of a parcel of land as recorded in Book 1237 at Reception #02185249 in the Weld County records; Thence South 89°09'06" West, 10.00 feet, along said northerly property line to the easterly right-of-way line of Weld County Road 1; Thence North 00°14'11" West, 149.74 feet, along said easterly right-of- way line to the Point of Beginning. 'Containing 0.1123 acres, or 4890 square feet, more or less. S -hereby certify that the attached legal dt3ptt+iibiWy n was prepared under my direct supervision. Q�pp�� .... c. a Tor and ffSJ`\a� WESTERN STA l�VWV &TNG, INC. Clyde J . Biew&fiit�H'? PLS 23032 9329-007\TE-4.LEG COLORADO DEPARTMENT DETERMINATION COMPENSATION BOULDER COUNTY DEPARTMENT OF TRANSPORTATION OF TRANSPORTATION OF JUST VALUE FINDING Project -No. SHE D661-1)02 Location S.H.66-AT WELD -BOULDER CO LINE RD - Parcel -4 Project code 10483 Name: Carl Schaal and Pamela M. Schaal Brief description of subject and taking: -13900 Weld County Road 1, Longmont, -Colorado 80601 _Land: Parcel Area S/Unit -PE - 4 1466 sf 60.23/sf $336.55 Total Land (Rounded) $340.00 Improvements: (list) Total Improvements TE'e Purpose Size Unit Price % of unit price/term TE - 4 Construction Area 4890 of S0.23/sf 10% 5112.28 Damages or cost to cure (describe) Total for temporary easement and damages (Rounded) $120.00 Cost to cure 1 -certify my estimate of Just Compensation is $460.00 Has the owner or designated representative accompanied the Department's representative during inspection of the property? �1 Yes - date - November 2, 1995 ii No - describe efforts made: / -Signed: S Date Ap gion ROW up Seor Date Previous editions are obsolete and may not be used COOT Frown I/919 11/93 AR2410850 PERMANENT EASEMENT - This permanent easement made this 1, day of November, 1995 between Carl Schaal and _Pamela M. Schaal hereinafter referred to as Schaal, whose address is 13900 Weld County -toad 1, Longmont, Colorado 80504, and The County of Weld, of the State of Colorado, hereinafter referred to as County, whose legal address is 915 Tenth Street, Greeley, Colorado 80631. S chaal, for and in consideration of the sum of Three Hundred Forty ($340.00) Dollars, and other valuable consideration, in hand paid by the -County, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, -Bargain, sell, and convey unto the County, its successors and assigns forever, a perpetual all- inclusive permanent easement over, under, across, and on, the following described real property located in the County of Weld, State of Colorado, and described as follows: See "Exhibit A (PE -4)", attached hereto, and by this reference made a part hereof, and containing 1,466 square feet, more or less. Said all-inclusive permanent easement is for the purpose of providing and maintaining improvements for public roadway and its attendant facilities, including by way of exampl-e, but not limited to: lateral support, road shoulder, sidewalk, bikeway, drainage, end any and -all other attendant improvements. Together with the right to install any and all utilities including by way of example, but not limited to, water, sewer, electric, gas, telephone, and cable television on, above, or below said lands, and to maintain proper sight distances and lines of sight, as may be determined by the Weld County Transportation Department, for said public roadway. The County, its successors, contractors or assigns, and their -agents and employees shall have the perpetual irrevocable right to survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain improvements for said public roadway and attendant facilities, together with full right to control and limit access to and from any roadway or other improvement upon said property. Schaal relinquish the right to use said property for any and all purposes which interfere with the County's full use and enjoyment of the rights acquired herein. Schaal or their successors, assigns and subsequent grantees, relinquish the right to improve said property or grant any easements upon, over, across or under said property without first obtaining the written consent of the Weld County -Transportation Department. Schaal for themselves, their successors and assigns, do covenant, grant, bargain and agree with the County, its successors and assigns, that at the time of the signing and delivery of this 2470850 B-1526 P-256 01/08/96 01:48P PG 1 OF 3 Weld County CO Clerk & Recorder REC DOC 0.00 Pr.. Pw all-inclusive permanent easement, they are well seized of the property on which the easement above conveyed is located, and have good, sure, perfect, absolute and indefeasible estate, in law, in fee simple and have good right, full power and lawful authority to grant, bargain, sell and convey the above all-inclusive permanent easement in the manner and form set forth above. SN WITNESS WHEREOF, Schaal have caused there names to be subscribed hereto, the day and year first written above. 9 Carl Schaaf Pamela M. Schaal STATE OF COLORADO } SS. COUNTY OF WELD } The foregoing instrument was acknowledged before me this day of November, 1995, by Carl Schaal and Pamela M. Schaal. WITNESS my hand and official seal. My commission expires: i//:;13 �6 2470850 B-1526 P-256 01/08/96 01:48P PG 2 OF 3 () :o ddress ens: u. EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: PE -4 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A permanent easement No. PE -4 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0337 acres being a part of Northwest Quarter of Section 30, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Northwest Corner of the Northwest Quarter of said Section 30, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented-by said Project No. SHE 0661-002; Thence South 00°13'53" East, 37.00 feet, along the westerly line of said Northwest Quarter; Thence North 89°10'10" East, 29.77 feet, to a point on the southerly right-of-way line of State Highway 66 -as described in deed recorded in Book 1553 at Page 494 of the Meld County records and the TRUE POINT OF BEGINNING; Thence North 44°31'14" East, 24.27 feet, along said southerly right-of- way line; Thence South 04°56'01" West, 189.63 feet, to the easterly right-of-way line of Weld County Road 1; Thence North 00°14'11" West, 171.-62 feet, along said easterly right-of- -way line to the Point of Beginning. Containing 0.0337 acres, or 1-466 square feet, more or less. I hereby _certify that the attached legal dssgg 'on was prepared under my direct supervision. N��% ' ` 2"V/7/9s For and Ong' `arLt.,af', a WESTERN STAI4 4 G, INC. Clyde J . Bie dWg50% LS 23032 9329-00TPE-4.LEG 2470850 8-1526 P-256 01/08/96 01:48P PG 3 OF 3 aR2410451 GRANT OF TEMPORARY fABEMENT FOR CONSTRUCTION KNOW ALL -MEN BY THESE -PRESENTS: That Carl Schaal and Pamela M. Schaal, hereinafter "Schaal", whose address is 13800 Weld County Road 1, Longmont, Colorado 80504, in consideration of One Hundred Twenty ($120.-00) Dollars, in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to THE _COUNTY OF WELD, whose address is :91: Tenth Street, Greeley, Colorado 80631, hereinafter "County" a Temporary Easement for use during construction of the State Department of Transportation Project No. SHE 0561-002 (10483), together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the tract of land described as follows: See "Exhibit A (TE-4)", attached hereto, and by this reference made a part hereof, and containing -4,890 square feet, more or less, 1. Said Temporary Easement shall expire and be of no further force or effect on December 31, 12396. 2. Schaal further grants to -County the right of ingress to and egress from (access) said land over and across the adjoining lands of the Schaal for the purpose of construction on and along said Tempor-ary Easement. 3. Turing the term of erect or construct, building or other which may interfere hereunder. this Temporary Easement, Schaal shall rot or allow to be erected or constructed, any structure on the lands described herein with County's full enjoyment of the rights 4. As a condition of the granting of this Temporary Easement the County covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable to their original condition. 5. County, covenants and agrees that access to property will be maintained through construction without interruption. 6. The parties hereto 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. 7. Schaal warrants full and lawful authority to -make the grant 2470851 B -1526-P-257 01/D8/96 01:48P PG 1 OF 4 Weld County CO Clerk 1 -Recorder REC DOC 0.00 hereinabove contained. 8. All the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. Carl Schaal p1 Bamela M. Schaal STATE OF COLORADO} COUNTY OF WELD} µ�/, The foregoing instrument was acknowledged before me this %/" day of November, 1995, by Carl Schaal and Pamela"M. Schaal. 58. WITNESSmyhand and official seal. .\ <. ry Pub i , hgd'e ss is: e.e/_e_27 ,, gO Qt My commission expires: 1/ Z$5D4 2470851 B -1h26 P-257 01/08/96 01:48P PG 2 OF 4 EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: TE-4 PROJECT CODE: 10483 _DATE: September 7, 1995 LEGAL DESCRIPTION A temporary easement No. TE-4 of the Department of Transportation, State of Colorado, Project No. SHE 06-61-002 containing 0.1123 acres being a part of the Northwest Quarter of Section 30, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" Mast, 2679.42 feet. -Monumented es follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Northwest Corner of the Northwest Quarter of said Section 30, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-D02; Thence South 0-0°13'53" East, 97.-00 feet, along the westerly line of said Northwest Quarter; Thence North 89°10'10" East, 29.77 feet, to the intersection of the southerly right-of-way line of -State Highway 66 as described in deed recorded in Book 1553 et Page 494 of the Weld County records and the easterly right-of-way line of Weld County -Road 1; Thence South 00°14'11" East, 171.62 feet, along said easterly right-of- way line to the TRUE POINT - OF BEGINNING; Thence North 04°56'01" East, 1-89.63 feet, to a point on said southerly right-of-way line; Thence North 44°31'14" East, 4-1.94 feet, along said southerly right-of- way line; Thence North 89°08'44" East, 79.18 feet, along said southerly right 'f - way line; Thence South 71°04'02" West, 107.92 feet; Thence South 04°55'D1" West, 189.57 feet; Thence South 00914'11" East, 149.18 feet, to the northerly line of a parcel of land as recorded in Book 1237 at Reception= 402185249 in the Weld County records; Thence South 89'309'D6" West, 10.00 feet, along said northerly property line to the easterly right-of—way line of Weld County Road 1; Thence North D0°14'11" West, 149.7-4 feet, along said easterly right-of- way line to the Point of Beginning. Containing D.1123 acres, or 4890 square feet, more or lass. 2470851 B-1526 P-257 -01/08/96 01:48P PG 3 OF 4 I hereby certify that the attached legal d ,- r4r4Qn was pr_epared under my -direct supervision. �� R@,oe ,Apfrir''�o,, erli SAC r JW S J For andlfa. 't:aO e WESTERN STATh 4 V �NG, INC. Clyde J . Biesailat PLS 23032 9329-00TTE-4.LEG 2470851 B-1526 -P-257 01/08/36 01:48P PG 4 OF 4 CONTRACT TO SELL James Boyd, Jr. and John Reese Boatman, hereinafter referred to as "Boyd -Boatman", whose address is 151 State Highway 66, Longmont, Colorado 80504, agrees to sell to THE COUNTY OF WELD, hereinafter referred to as "County", whose mailing address is 915 Tenth Street, Greeley, Colorado 80631, and the County agrees to purchase the following described Permanent Easement attached hereto as "Exhibit A"; together with a Grant of Temporary Easement for Construction attached hereto as "Exhibit B", for the State Department of Transportation Project No. SHE 0661-002 (10483), together with all improvements thereon and appurtenances thereto currently on the premises, except as herein provided in their present condition, which Permanent Easement and Temporary Easement for Construction the County agrees to acquire upon the following terms and conditions, for the purchase price of Two ($2.00) Dollars, payable by check, or warrant, delivered to Boyd -Boatman at closing and upon delivery of the Permanent Easement as set forth in Paragraph 2. below, and the Grant of Temporary Construction Easement as set forth in Paragraph 3. below, at the time and place of closing to be designated by County, less any amounts to be withheld in accordance with this contract, and further subject to all terms and conditions hereof as follows: 1. The County agrees to pay Boyd -Boatman the purchase price of Two ($2.00) Dollars, for said Permanent Easement and Grant of Temporary Construction Easement. 2. Boyd -Boatman shall execute and deliver to the County the Permanent Easement, attached hereto as "Exhibit A", as more particularly described in "Exhibit A (PE -3)" containing 345 square feet, more or less, situated in the County of Weld, State of Colorado on November 29th, 1995, or, by mutual agreement, at an earlier date free and clear of all liens, encumbrances, restrictive covenants and easements. 3. Contemporaneously with the easement noted in Paragraph 2., above, Boyd -Boatman shall execute and deliver to the County a Grant of Temporary Easement for Construction, attached hereto as "Exhibit B", as more particularly described in "Exhibit A (TE-3)" containing 2,892 square feet, more or less, situated in the County of Weld, State of Colorado, said easement to be for a term of one year commencing on January 1, 1996, and ending on December 31, 1996. 4. In addition to the payment described in Paragraph 1 above, the County agrees that prior to the completion of construction, the State Department of Transportation, its contractors, agents, or employees will: 1. Pave with a 3" mat of bituminous asphalt the primary entrance driveway to their property located at 151 State Highway 66, Longmont, Colorado, to the existing cattle guard located along the existing right-of-way for State Highway 66. LU ,: Y -1t (10y/4iaJ 1.-2-/64 Jo ,; 2. Reset or replace the fence along Boyd -Boatman's westerly and southerly property lines, which may be disturbed by the construction of this project. 5. It is also understood that the County shall rely upon the terms of this Agreement and may expend funds and labor in furtherance of the project based upon that reliance. 6. Time is of the essence hereof, and all terms, conditions and covenants shall be tendered or performed as specified herein. 7. Boyd -Boatman represent and covenant to the County that Boyd - Boatman comprises all of the parties who havean interest in said property conveyed by this contract as owners, lessees, or tenants, and that to the best of Boyd -Boatman's knowledge, there are no other interested parties in said property. 8. If Boyd -Boatman, is unable to convey possession to the County, then notwithstanding any provision hereof to the contrary, the County may, at its option, declare this contract void, and proceed to acquire the property by condemnation, provided, however, the County may use this executed contract in said condemnation action to establish the fair market value of the property being acquired. 9. This contract is intended as the complete integration of all understandings between the parties, and once it is executed by all the parties it shall be binding upon and shall inure to the benefit of the parties, their heirs, successors and assigns. 10. All of the conditions, promises and covenants stated herein shall be in full force and effect, notwithstanding the conveyances as required herein, and shall not merge with said conveyances. THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through it Board of County Commissioners By L� Da a K. Hal , hairman Board of County Commissioners Cal e hn Reed'e Boatman STATE OF COLORADO ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of November, 1995, by James Boyd, Jr. WITNESS my hand and official seal. My commission expires: /72$196 o -ryP ;.yp, whose address is: i Co gore STATE OF COLORADO ) / SS. COUNTY OF 000E The foregoing instrument was acknowledged before me this! day of November, 1995, by John Reese Boatman. WITNESS my hand and official seal. My commission expires: /�$/q6 ry Publi , whose address is: G.41,,,, Co Soft3 "EXHIBIT A" PERMANENT EASEMENT This permanent easement made this // day of November, 1995 between James Boyd, Jr. and John Reese Boatman hereinafter referred to as Boyd -Boatman, whose address is 151 State Highway -66, Longmont, Colorado 80504, and The County of Weld, of the State of Colorado, hereinafter referred to as County, whose legal address is 915 Tenth Street, Greeley, Colorado 80631. Boyd -Boatman, for and in consideration of the sum of One ($1.00) Dollar, and other valuable consideration, in hand paid by the County, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, and convey unto the County, its successors and assigns forever, a perpetual all- inclusive permanent easement over, under, across, and on, the following described real property located in the County of Weld, State of Colorado, and described as follows: See "Exhibit A (PE -3)", attached hereto, and by this reference made a part hereof, and containing 345 square feet, more or less. Said all-inclusive permanent easement is for the purpose of providing and maintaining improvements for public roadway and its attendant facilities, including by way of example, but not limited to: lateral support, road shoulder, sidewalk, bikeway, drainage, and any and all other attendant improvements. Together with the right to install any and all utilities including by way of example, but not limited to, water, sewer, electric, gas, telephone, and cable television on, above, or below said lands, and to maintain proper sight distances and lines of sight, as may be determined by the Weld County Transportation Department, for said public roadway. The County, its successors, contractors or assigns, and their agents and employees shall have the perpetual irrevocable right to survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain improvements for said public roadway and attendant facilities, together with full right to control and limit access to and from any roadway or other improvement upon said property. Boyd -Boatman relinquish the right to use said property for any and all purposes which interfere with the County's full use and enjoyment of the rights acquired herein. Boyd -Boatman or their successors, assigns and subsequent grantees, relinquish the right to improve said property or grant any easements upon, over, across or under said property without first obtaining the written consent of the Weld County Transportation Department. Boyd -Boatman for themselves, their successors and assigns, do covenant, grant, bargain and agree with the County, its successors and assigns, that at the time of the signing and delivery of this all-inclusive permanent easement, they are well seized of the property on which the easement above conveyed is located, and have good, sure, perfect, absolute and indefeasible estate, in law, in fee simple and have good right, full power and lawful authority to grant, bargain, sell and convey the above all-inclusive permanent easement in the manner and form set forth above. IN WITNESS WHEREOF, Boyd -Boatman have caused there names to be subscribed hereto, the day and year first written above. a 9 ` v -2-)7ra J es Bo d Jr. Y � ge ohn Reese Boatman ATE OF COLORADO ) . SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this// day of November, 1995, by James Boyd, Jr. x�q 4 WITNESS my hand and official seal. My commission expires: `/22/94 STATE OF COLORADO ) : SS. COUNTY OF o 4/�c, whose address is: s� co 60v0 The foregoing instrument was acknowledged before me this day of November, 1995, by John Reese Boatman. WITNESS my hand and official seal. My commission expires: /A144 Pu}y} bl, whose address is: Cre /o& eoyo3 EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: PE -3 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION mss__ A permanent easement No. PE -3 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0079 acres being a part of the Southwest Quarter of Section 19, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence North 00°20'45" West, 153.00 feet, along the westerly line of said Southwest Quarter; Thence North 88°31'37" East, 29.75 feet, to the intersection of the northerly right -of -line of State Highway 66 as described in deed recorded in Book 1553 at Page 498 of the Weld County records and the easterly right-of-way line of Weld County Road 1, and the TRUE POINT OF BEGINNING; Thence North 00°20'24" West, 81.52 feet, along said easterly right-of- way line; Thence South 05°42'42" East, 90.29 feet, to a point on said northerly right-of-way line; Thence North 45°35'16" West, 11.90 feet, along said northerly right-of- way line to the Point of Beginning. Containing 0.0079 acres, I hereby certify that the my direct supervision. 9329-00T,PE-3.LEG or 345 square feet, more or less. attached legal description was prepared under omit ltUhl,p, qi 000 REG/si, t; ........�i L f5 For , d OH h. ' .f •�_ WESTERN ste f SURV, INC. Clyde J . Vttna€r'wsele0 '23032 40ti/N,IIIItIO "EXHIBIT B" GRANT OF TEMPORARY EASEMENT FOR CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS: That James Boyd, Jr. and John Reese Boatman, hereinafter "Boyd -Boatman", whose address is 151 State Highway 66, Longmont, Colorado 80504, in consideration of One ($1.00) Dollar, in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to THE COUNTY OF WELD, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter "County" a Temporary Easement for use during construction of the State Departmept of Transportation Project No. SHE 0661-002 (10483), together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the tract of land described as follows: See "Exhibit A (TE-3)", attached hereto, and by this reference made a part hereof, and containing 2,892 square feet, more or less, 1. Said Temporary Easement shall expire and be of no further force or effect on December 31, 1996. 2. Boyd -Boatman further grants to County the right of ingress to and egress from (access) said land over and across the adjoining lands of the Boyd -Boatman for the purpose of construction on and along said Temporary Easement. 3. During the term of this Temporary Easement, Boyd -Boatman shall not erect or construct, or allow to be erected or constructed, any building or other structure on the lands described herein which may interfere with County's full enjoyment of the rights hereunder. 4. As a condition of the granting of this Temporary Easement the County covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable to their original condition. 5. County, covenants and agrees that access to property will be maintained through construction without interruption. 6. The parties hereto 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. 7. Boyd -Boatman warrants full and lawful authority to make the grant hereinabove contained. 8. All the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. STATE OF COLORADO ) . 88. c ohn Reese Boatman COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of November, 1995, by James Boyd, Jr. WITNESS my hand and official seal. My commission expires: V2/44 8 ,1144 Not , whose address is: co 90YD3 STATE OF COLORADO ) / 88. COUNTY OF J30v! ) The foregoing instrument was acknowledged before me this /3 d day of November, 1995, by John Reese Boatman. WITNESS my hand and official seal. My commission expires: /ASA y Publl,i.� , oae a.dress is: ea,Cogo42 EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: TE-3 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A temporary easement No. TE-3 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0664 acres being a part of the Southwest Quarter of Section 19, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence North 00°20'45" West, 153.00 feet, along the westerly line of said Southwest Quarter; Thence North 88°31'37" East, 29.75 feet, to a point on the northerly right-of-way line of State Highway 66 as described in deed recorded in Book 1553 at Page 498 of the Weld County records; Thence South 45°35'16" East, 11.90 feet, along said northerly right-of- way line to the TRUE POINT OF BEGINNING; Thence .North 05°42'42" West, 90.29 feet, to a point on the easterly right-of-way line of Weld County Road 1; Thence North 00°20'24" West, 193.44 feet, along said easterly right-of- way line; Thence North 89°39'36" East, 10.00 feet; Thence South 00°20'24" East, 192.97 feet; Thence South 05°42'42" East, 101.79 feet, to a point on said northerly right-of-way line; Thence North 45°35'16" West, 15.60 feet, along said northerly right-of- way line to the Point of Beginning. Containing 0.0664 acre I hereby certify that my direct supervision. 9329-007\TE-3.LEG s, or 2892 square feet, more or less. the attached legal4te0a404p was prepared under For ap(d 91V, Deha WEST RN WnS S Clyde J .*4 o RjiG, INC. 0 ps ��/�IIIIEIIIIII� 23032 DONATION FORM STATE HIGHWAY 66 - WELD COUNTY ROAD NO. 1 INTERSECTION PROJECT # SHE 0661-002 (10483) James Boyd, Jr. and John Reese Boatman, have been advised that they could receive just compensation for the Permanent and Temporary Easements that are being granted to THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, to construct the State Department of Transportation's State Highway 66 / Weld County Road #1 - Intersection Improvement Project. James Boyd, Jr. and John Reese Boatman, not wish to receive just compensation but to donate the easements necessary for the construction as more particularly described in "Exhibit A (PE -3)" which contains 345 square feet, more or less and "Exhibit A (TE-3)" which contains 2,892 square feet, more or less, copies attached. It is understood that any changes in the plans for said project, adverse to our property, will make this agreement dull and void. Dated this i1 day of November, 1995. 'John Reese Boatman Agent obtaining this document for The County of Weld. J,n Hamilton, Boulder unty Land Officer EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: PE -3 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A permanent easement No. PE -3 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0079 acres being a part of the Southwest Quarter of Section 19, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence North 00°20'45" West, 153.00 feet, along the westerly line of said Southwest Quarter; Thence North 88°31'37" East, 29.75 feet, to the intersection of the northerly right -of -line of State Highway 66 as described in deed recorded in Book 1553 at Page 498 of the Weld County records and the easterly right-of-way line of Weld County Road 1, and the TRUE POINT OF BEGINNING; Thence North 00°20'24" West, 81.52 feet, along said easterly right-of- way line; Thence South 05°42'42" East, 90.29 feet, to a point on said northerly right-of-way line; Thence North 45°35'16" West, 11.90 feet, along said northerly right-of- way line to the Point of Beginning. Containing 0.0079 acres, or 345 square feet, more or less. I hereby certify that the attached legal description was prepared under my direct supervision. 400 ��q�1�1� W gpgq�i 9`0 e For . d OB 1th.'.... :f: og WESTERN St SURVFpt , INC Clyde J . *,fi'&1€rwtar•' 23032 9329-00TPE-3.LEG • EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: TE-3 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A temporary easement No. TE-3 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0664 acres being a part of the Southwest Quarter of Section 19, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence North 00°20'45" West, 153.00 feet, along the westerly line of said Southwest Quarter; Thence North 88°31'37" East, 29.75 feet, to a point on the northerly right-of-way line of State Highway 66 as described in deed recorded in Book 1553 at Page 498 of the Weld County records; Thence South 45°35'16" East, 11.90 feet, along said northerly right-of- way line to the TRUE POINT OF BEGINNING; Thence North 05°42'42" West, 90.29 feet, to a point on the easterly right-of-way line of Weld County Road 1; Thence North 00°20'24" West, 193.44 feet, along said easterly right-of- way line; Thence North 89°39'36" East, 10.00 feet; Thence South 00°20'24" East, 192.97 feet; Thence South 05°42'42" East, 101.79 feet, to a point on said northerly right-of-way line; Thence North 45°35'16" West, 15.60 feet, along said northerly right-of- way line to the Point of Beginning. Containing 0.0664 acres, or 2892 square feet, more or less. etititittioI hereby certify that the attached legal% biL444i was prepared under my direct supervision. •"" l 9329-007\TE-3.LEG For a 9z WEST RN IV Clyde J .' 7,y +111011111 o� ,.9 8/49 c0 9 ps G, INC. 23032 PERMANENT EASEMENT This permanent easement made this 11 day of November, 1995 between James Boyd, Jr. and John Reese Boatman hereinafter referred to as Boyd -Boatman, whose address is 151 State Highway 66, Longmont, Colorado 80504, and The County of Weld, of the State of Colorado, hereinafter referred to as County, whose legal address is 915 Tenth Street, Greeley, Colorado 80631. Boyd -Boatman, for and in consideration of the sum of One ($1.00) Dollar, and other valuable consideration, in hand paid by the County, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, and convey unto the County, its successors and assigns forever, a perpetual all- inclusive permanent easement over, under, across, and on, the following described real property located in the County of Weld, State of Colorado, and described as follows: See "Exhibit A (PE -3)", attached hereto, and by this reference made a part hereof, and containing 345 square feet, more or less. Said all-inclusive permanent easement is for the purpose of providing and maintaining improvements for public roadway and its attendant facilities, including by way of example, but not limited to: lateral support, road shoulder, sidewalk, bikeway, drainage, and any and all other attendant improvements. Together with the right to install any and all utilities including by way of example, but not limited to, water, sewer, electric, gas, telephone, and cable television on, above, or below said lands, and to maintain proper sight distances and lines of sight, as may be determined by the Weld County Transportation Department, for said public roadway. The County, its successors, contractors or assigns, and their agents and employees shall have the perpetual irrevocable right to survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain improvements for said public roadway and attendant facilities, together with full right to control and limit access to and from any roadway or other improvement upon said property. Boyd -Boatman relinquish the right to use said property for any and all purposes which interfere with the County's full use and enjoyment of the rights acquired herein. Boyd -Boatman or their successors, assigns and subsequent grantees, relinquish the right to improve said property or grant any easements upon, over, across or under said property without first obtaining the written consent of the Weld County Transportation Department. Boyd -Boatman for themselves, their successors and assigns, do covenant, grant, bargain and agree with the County, its successors and assigns, that at the time of the signing and delivery of this 2466709 B-1521 P-505 12/07/95 04:12P PG 1 OF 3 REC D0C Weld County CO Clerk & Recorder 0.00 all-inclusive permanent easement, they are well seized of the property on which the easement above conveyed is located, and have good, sure, perfect, absolute and indefeasible estate, in law, in fee simple and have good right, full power and lawful authority to grant, bargain, sell and convey the above all-inclusive permanent easement in the manner and form set forth above. IN WITNESS WHEREOF, Boyd -Boatman have caused there names to be subscribed hereto, the day and year first written above. 8 ATE OF COLORADO ) S8. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I" day of November, 1995, by James Boyd, Jr. WITNESS my hand and official seal. My commission expires: 17876 STATE OF COLORADO ) 88 COUNTY OF (((ood��+++��"') The foregoing instrument was acknowledged before me / 44? day of November, 1995, by John Reese Boatman. WITNESS my hand and official seal. My commission expires: //L$76 2466709 B-1521 P-505 12/07/95 04:12P PG 2 OF 3 EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: PE -3 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A permanent easement No. PE -3 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0079 acres being a part of the Southwest Quarter of Section 19, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence North 00°20'45" West, 153.00 feet, along the westerly line of said Southwest Quarter; Thence North 88°31'37" East, 29.75 feet, to the intersection of the northerly right -of -line of State Highway 66 as described in deed recorded in Book 1553 at Page 498 of the Weld County records and the easterly right-of-way line of Weld County Road 1, and the TRUE POINT OF BEGINNING; Thence North 00°20'24" West, 81.52 feet, along said easterly right-of- way line; Thence South 05°42'42" East, 90.29 feet, to a point on said northerly right-of-way line; Thence North 45°35'16" West, 11.90 feet, along said northerly right-of- way line to the Point of Beginning. Containing 0.0079 acres, or 345 square feet, more or less. I hereby certify that the attached legal description was prepared under my direct supervision. `��p�O�Rf�/�r�r�i,��i j. B(f�•�,r9�ro4 . 7 9s For . d Op..; .h f WESTERN SIppaB SURVFp3, INC. Clyde J . A' b`' 23032 93294107TE-3.L°^- 2466709 B-1521 P-505 12/07/95 04:12P PG 3 OF 3 AR2466710 GRANT OF TEMPORARY EASEMENT FOR CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS: That James Boyd, Jr. and John Reese Boatman, hereinafter "Boyd -Boatman", whose address is 151 State Highway 66, Longmont, Colorado 80504, in consideration of One ($1.00) Dollar, in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to THE COUNTY OF WELD, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter "County" a Temporary Easement for use during construction of the State Department of Transportation Project No. SHE 0661-002 (10483), together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the tract of land described as follows: See "Exhibit A (TE-3)", attached hereto, and by this reference made a part hereof, and containing 2,892 square feet, more or less, 1. Said Temporary Easement shall expire and be of no further force or effect on December 31, 1996. 2. Boyd -Boatman further grants to County the right of ingress to and egress from (access) said land over and across the adjoining lands of the Boyd -Boatman for the purpose of construction on and along said Temporary Easement. 3. During the term of this Temporary Easement, Boyd -Boatman shall not erect or construct, or allow to be erected or constructed, any building or other structure on the lands described herein which may interfere with County's full enjoyment of the rights hereunder. 4. As a condition of the granting of this Temporary Easement the County covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable to their original condition. 5. County, covenants and agrees that access to property will be maintained through construction without interruption. 6. The parties hereto 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. 7. Boyd -Boatman warrants full and lawful authority to make the 2466710 B-1521 P-506 12/07/95 04:31P PG 1 OF 3 RTC DOC Weld County CO Clerk & Recorder 0.00 grant hereinabove contained. 8. All the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. J es Boyd, Jr. 8 ATE OF COLORADO ) 88. COUNTY OF WELD ) Sd1^_e-ei /ip'z"G'Lz,ohn Reese Boatman The foregoing instrument was acknowledged before me this day of November, 1995, by James Boyd, Jr. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO _ -) 8 COUNTY OF 000 SS. /72 9/9‘ //Pt The foregoing instrument was acknowledged before me this/3� day of November, 1995, by John Reese Boatman. WITNESS my hand and official seal. My commission expires:I7 4€ 2466710 B-1521 P-506 12/07/95 04:31P PG 2 OF 3 EXHIBIT "A" PROJECT NUMBER: SHE 0661-002 PARCEL NUMBER: TE-3 PROJECT CODE: 10483 DATE: September 7, 1995 LEGAL DESCRIPTION A temporary easement No. TE-3 of the Department of Transportation, State of Colorado, Project No. SHE 0661-002 containing 0.0664 acres being a part of the Southwest Quarter of Section 19, Township 3 North, Range 68 West, of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the southerly line of the Southeast Quarter of Section 24, Township 3 North, Range 69 West assumed to bear North 88°06'51" East, 2679.42 feet. Monumented as follows: a found #5 rebar at the Southwest Corner of said Southeast Quarter and a 2" aluminum cap stamped "WSSI LS 23032" at the Southeast Corner of said Southeast Quarter. Commencing at the Southwest Corner of the Southwest Quarter of said Section 19, being a 2" aluminum cap stamped "WSSI LS 23032" as monumented by said Project No. SHE 0661-002; Thence North 00°20'45" West, 153.00 feet, along the westerly line of said Southwest Quarter; Thence North 88°31'37" East, 29.75 feet, to a point on the northerly right-of-way line of State Highway 66 as described in deed recorded in Book 1553 at Page 498 of the Weld County records; Thence South 45°35'16" East, 11.90 feet, along said northerly right-of- way line to the TRUE POINT OF BEGINNING; Thence North 05°42'42" West, 90.29 feet, to a point on the easterly right-of-way line of Weld County Road 1; Thence North 00°20'24" West, 193.44 feet, along said easterly right-of- way line; Thence North 89°39'36" East, 10.00 feet; Thence South 00°20'24" East, 192.97 feet; Thence South 05°42'42" East, 101.79 feet, to a point on said northerly right-of-way line; Thence North 45°35'16" West, 15.60 feet, along said northerly right-of- way line to the Point of Beginning. Containing 0.0664 acres, or 2892 square feet, more or less. otilifittiN I hereby certify that the attached legalOepi 8 /4, was prepared under my direct supervision. S',-0 ''°°9% m •ti P ?.$�s tip 4:0 For a dd 9rgBeha $ c WESTERN 4O4V S _ G, INC. Clyde J .°4're �� 23032 9329-007\TE-3. LEG ps 2466710 B-1521 P-506 12/07/95 04:31P PG 3 OF 3 Hello