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Home My WebLink About972822 • • mi ENGINEERS September 11, 1997 Mr. Bob Grube Right-of-Way Supervisor Colorado Department of Transportation 1420 2nd Street Greeley, CO 80632 RE: Application for Change Of Deeded Access Control Line For Weld County Road 5.5 and Colorado Highway 119. KBN Project No. 93056 Dear Mr. Grube: KBN Engineers is working for Mr. Floyd Oliver who is developing Meadow Vale Farm Subdivision located in the Southwest Quarter of Section 4, Township 2 North, Range 68 West, in Weld County, Colorado. The site is bounded on the east by Weld County Road 5.5 and to the south by Colorado Highway 119. The developer and Weld County wish to relocate the access of Weld County Road 5.5 with Highway 119 further to the east in order to straighten the county road and provide a perpendicular access to the highway. Please consider this letter a request for a change of the deeded access control line to allow Weld County Road to be reloacted further to the east.. The property necessary for the re-aligned Weld County Road 5.5 right-of-way will be dedicated to the county with the Third Filing of Meadow Vale Farm. A reduced copy of the preliminary Third Filing plat is enclosed for your information. The plat will be filed within the next four weeks. Weld County has indicated that Road 5.5 will be classified a collector street and will have a 36 feet wide asphalt surface. The existing and proposed openings for Weld County Road 5.5 are tabulated in the following table. EXISTING OPENINGS PROPOSED OPENINGS AND USE width(ft) centerline station width(ft) centerline station use 90.7 247+43.33 ( Remove) 158.95 252+33.02 Public Street eel ncpAeID Ketterling, Butherus £r Norton Engineers, LLC. 97028,V 820 8th Street / Greeley,Colorado 80631 / tel 9,0-395-9880 / fax 970-395-9881 JL /q'Sy' The widths given above are right-of-way widths and that the existing access for Weld County Road 5.5 will be closed and the access rights deeded to the Colorado Department Of Transportation. Centerline stations are based on project line as delineated on the Highway 119 Right of Way plans. Enclosed with this letter is the following information: 1. A preliminary reduced copy of Third Filing - Meadow Vale Farm plat. 2. A copy of the deed describing the existing Deeded Access Control Line. 3. Legal description of new Deeded Access Control Line with the proposed opening. 4. Legal description of new Deeded Access Control Line closing the existing access. 5. Check for $300 made out to CDOT. I appreciate your assistance in this matter. Should you have any questions or need further information please call me at (970) 395-9880. Sincerely, Steven A. Butherus, PE cc: Todd Hodges, Weld County COLORADO DEPARTMENT OF TRANSPORTATION ACCESS RIGHTS TO BE CONVEYED TO Access Parcel No. AC-33A Weld County Sta. 251+52.91 to Sta. 253+12.39 (Project Line) FOR Project No. S-SU0072(2) State Highway 119 Project Code: 00000 • • EXHIBIT "B" PROJECT NUMBER: S-SU0072(2) PARCEL NUMBER: AC-33A PROJECT CODE: 00000 DATE: September 9, 1997 EACH AND EVERY RIGHT OR RIGHTS OF access to and from any part of the Right of Way of Colorado State Highway No. 119, a freeway established according to the laws of the State of Colorado, along or across the access line described as follows: (Project No.) (Parcel #) (Location of line) S-SU0072(2) AC-33A Northerly Commencing at a point on the west line of Section 4, Township 2 North, Range 68 West; from which the SW corner of Section 4 bears S. 01°05'42" W., a distance of 238.40 feet; thence along the arc of a curve to the left having a radius of 11,310.00 feet, a distance of 572.20 feet (the chord of this arc bears S. 86°35'11" E., a distance of 572.14 feet), thence N. 68°26'34" E., a distance of 111.20 feet, thence S. 68°30'54" E., a distance of 210.69 feet, thence N. 89°39'20" E., a distance of 243.31 feet to the west right of way line of Weld County Road 5.5 being the westerly edge of a 158.95 feet opening and the True Point of Beginning; 1. Thence continuing N. 89°39'20" E., a distance of 70.17 feet; 2. Thence S. 88°15'31" E., a distance of 88.78 feet to the east right of way line of Weld County Road 5.5. Basis of Bearings: All bearings are based on a line connecting the SW corner of Section 4, Township 2 North, Range 68 West of the 6th Principal Meridian (#6 rebar with aluminum cap stamped LS 28666) and the W 1/4 corner of Section 4 ( axle with aluminum cap attached stamped Jones LS 22098), as bearing N. 01°05'42" E. This conveyance is made to grant an access opening left of Station 252+33.02 in the access control line as described by deed dated March 25, 1970 and recorded in book 623 on page 3-1 Weld County, Colorado. Prepared by: Steven A. Butherus 820 8th Street Greeley, CO 80631 COLORADO DEPARTMENT OF TRANSPORTATION ACCESS RIGHTS TO BE ACQUIRED FROM Access Parcel No. AC-33A Weld County Sta. 247+00 to Sta. 247+86.4 (Project Line) FOR Project No. S-SU0072(2) Sate Highway 119 Project Code: 00000 EXHIBIT "B" PROJECT NO. S-SU0072(2) PARCEL NUMBER: AC-33A PROJECT CODE: 00000 DATE: September 9, 1997 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the Right of Way of Colorado State Highway No. 119, a freeway established according to the laws of the State of Colorado and from and any part of the real property of the Grantor in the SW 1/4 of Section 4, Township 2 North, Range 68 West of the Sixth Principle Meridian, in Weld County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: (Project No.) (Parcel#) (Location of line) S-SU0072(2) AC-33A Northerly Commencing at a point on the west line of Section 4, Township 2 North Range 68 West, from which the SW corner of Section 4 bears S. 1°05'42" W., a distance of 238.40 feet; thence along the arc of a curve to the left, having a radius of 11,310.00 feet, a distance of 572.20 feet (the chord of this arc bears S. 86°35'11" E., a distance of 572.14 feet), thence N. 68°26'34" E., a distance of 111.20 feet, thence S. 68°30'54" E., a distance of 2.02 feet to the north right of way line of Weld County Road 5.5 and the True Point of Beginning; 1. Thence continuing S. 68° 30'54" E., a distance of 83.23 feet to the southerly right of way line of Weld County Road 5.5. Basis of Bearings: All bearings are based on a line connecting the SW corner of Section 4, Township 2 North, Range 68 West of the 6th Principal Meridian (# 6 rebar with aluminum cap stamped 28666) and the W 1/4 corner of Section 4, (axle with aluminum cap attached stamped Jones LS 22098) as bearing N. 01°05'42" E. NO ACCESS POINT Prepared by: Steven A. Butherus 820 8th Street Greeley, CO 80631 Recorded at_J IQa' o'clock rl .ni., O __�22n ,19— . Recsatlen No r-2 Tat ,-J 073 - ��- e _� -7 Recorder NOWALL MEN BY THESE PRESENTS : That I, or We RICHARD E. HAM, EMMA ALICE HAMM, CAROLYN ALICE HAM, KATHARINE C. 11Ah24 and LEILA LYNN HAM, as Attorney in Fact for JAMES E. HAM the Grantor or Grantors, of the_ _ _County of Boulder ,and State of Colorado - for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to the said Grantor or Grantors in hand paid,the receipt whereof is hereby confessed and acknowledged, have granted, bargained,sold and conveyed,and by these presents do hereby CRANT, BARGAIN, SELL, CONVEY AND CONFIRM unto ' The Department of Highs, State of Colorado, the Grantee,its successors and assigns forever,the following right and interest in real property situate in the _County of Weld and State of Colorado,owned by said Grantor or Grantors, to-wit: EACH AND EVERY RIGHTOR RIGHTS OFACCESSOF THE GRANTOR ORGRANTORS to and from any part of the right- of-way for Colorado State Highway No._ 119 ,a Freeway established according to the laws of the State of Colorado, and from and to any part of the said real property of the Grantor or Grantors abutting upon said Highway, along or across the access line or lines described as follows: S SU 0072(2) Sec. 2 PARCEL NO. 33 NORTHERLY LINE Beginning at a point on the west property line from which the SW corner of the SE4 of Sec. 5, T. 2 N. , R. 68 W. of the 6th P.M. in Weld County, Colorado bears S. 8° 09 ' 45" W. , a distance of 228.6 feet; 1. Thence S. 70° 19' 30" E. , a distance of 66.6 feet; 2. Thence N. 87° 38' 30" E. , a distance of 359.6 feet; 3. Thence N. 85° 14' 30" E. , a distance of 190.6 feet ; 4. Thence N. 83° 40' 30" E. , a distance of 194.0 feet; 5. Thence along the arc of a curve to the right, having a radius of 5 ,830.0 feet, a distance of 195.3 feet to the center of a 24-foot access opening which is excepted from this access limitation (the chord of this arc bears N. 88° 35' 30" E. , a distance of 195.3 feet) ; 6. Thence continuing along the arc of a curve to the right, having a radius of 5,830.0 feet, a distance of 791.7 feet (the chord of this arc bears S. 86° 33 ' 30" E. , a distance of 791.1 feet) ; 7. Thence N. 88° 41' E. , a distance of 332.5, feet; 8. Thence along the arc of a curve to the right, having a radius of 11,310.0 feet, a distance of 503. 1 feet to the center of a 24-foot access opening which is excepted from this access limitation (the chord of this arc bear. S. 83° 56' 30" E. , a distance of 503. 1 feet) ; 9. Thence along the arc of a curve to the left, having a radius of 11,310.0 feet , a distance of 572.2 feet (the chord of this arc bears S. 86° 40 ' E. , a distance of 572.2 feet) to the north right of way line of the county road (Oct. 1969) ; (Continued) S SU 0072(2) Sec. 2 •Longmont - past 4, ,6? 1R Parcel No. 33 �^ Page 2 10. Thence N. 68° 21' 45" E. , along the north right of way line of the county road (Oct. 1969) , a distance of 111.2 feet. ALSO Beginning at a point on the east line of- Sec. 4, T. 2 N. , R. 68 W. , of the 6th P.M. in Weld County, Colorado, from which the SE corner of Sec. 4 bears .S. 0° 40' W. , a distance of 168.6 feet; thence N. 89° 36' W. , a distance of 30.0 feet to a point on the west right of way line of the county road (Oct. 1969) which • is the true point of beginning; 1. Thence S. 45° 34' W. , a distance of 71.3 feet; 2. Thence along the arc of a curve to the left, having a radius of 23,020.0 feet, a distance of 538.8 feet (the chord of this arc bears S.89°27 '15"W. , a distance of 538.8 feet) ; 3. Thence S. 88° 47 ' W. , a distance of 251.0 feet to the center of a 24- foot access opening which is excepted from this access limitation; 4. Thence continuing S. 88° 47 ' W. , a distance of 855.0 feet to the center of a 24-foot access opening which is excepted from this access limitation; 5. Thence continuing S. 88° 47' W. , a distance of 1,980.0 feet to the center of a 24-foot access opening which is excepted from this access limitation; 6. Thence continuing S. 88° 47 ' W. , a distance of 165.0 feet; 7. Thence N. 87°09' 15" W. , a distance of 282.3 feet; _ _ __ 8. Thence along the arc of a curve to the right, having a radius of 11,340.0 feet, a distance of 313.5 feet (the chord of thisarc bears - - - - . - S. 89° 34' 30" W. , a distance of 313.5 feet) ; 9. Thence N. 68° 35' 45" W. ,. a distance of 120.0 feet, more or less, to a point on the southerly right of way line of the county road (Oct. 1969) . together with all the appurtenances!hereunto belonging. . Excepting,however,from this grant, the right of the Grantor or Grantors to have the following point or points of access at the locations set forth hereinafter, to be limited, however, in use by the Grantor or Grantors, to the width and purpose hereinafter de- signated: . , WIDTH I USE OR PURPOSE CENTER OF ACCESS OPPOSITE— ' �_I SIDE i STATION 24 foot Left I 224+00' I 24. foot , Left 240+16.6 -- • 24 foot. - Left , 256+65 , 24 foot Left . 276+45- 24 foot Left 285+00 according to centerline stationing of the Grantee's Project No. S SU 0072(2) Sec. 2 Further excepting from this grant, the right of the Grantor or Grantors to have access across the aforesaid line or lines at those points where passageways under the roadway, and public openings in said line or lines, may be provided for that purpose by the Grantee. - . This deed,and the rights and interests herein conveyed,shall be and constitute a perpetual burden upon the real pro- perty of Grantor or Grantors,adjoining the hereinbef ore described access line or lines, across which access will be denied,as herein set forth, and shall be binding upon the Grantor or Grantors,and.all the heirs, successors and assigns of the Grantor or Grantors, with respect to said adjoining real property. And the Grantor or Grantors, for themselves and for their heirs, successors,executors,administrators and assigns, do cove- nant, grant,bargain and agree to and with the Grantee,its successors and assigns,the above bargained access rights and interests, in the quiet and peaceable possession of the Grantee,and its successors and assigns, against all and every person or persons law• fully claiming,or to claim, the whole or any part thereof, by,through or under the Grantor or Grantors,to WARRANT AND FOREVER DEFEND. Signed, sealed and delivered this 2 atf day of__a.2AY A D,19 70 �t�7 ' CHARD E. HAr EMMA AL CE HAMM r KATHARINE C. HANAf CAROLY LICE HAMM / l (• /I ,— - STATE OF ��1 !0 o__—_.—_ --_. ) LEILA LYNN HAMM, as Attorney in Fact for }ss. JAMES E.- HAL-2.1 County of /ICU/J-<.✓ J)\ �/, The foregoing instrument was acknowledged before me this a 5 day of i17Aey 4-4 _,A,D.,19 70 byRICHARD E. HANN, EMMA ALICE HAMM, KATHARINE C. HAMM, CAROLYN ALICE HAMM and LEILA LYNN HAMM, as Attorney in Fact for JAMES E. HAM Witness my hand and official seal. �MMy Commission expires.MJL�oR1rjssiorh- 'p&es-)Jne 26, 1971�'e c2 'TI7�- STATE OF ` rcIL.zw.,,waU-- �/ Notary Public-` 1ss. _—County of._Jt c,��.,-...�s-Gt.cv, lJ\\ _ ` The fares oing instrument was acknowledged before me this /_£day of • r tu-s-L ,AD.,194.2 . by 41-i A.- . -, u„ OFFICIAL SEAL u PHiLIP A. CAIN c-- l .� Witness my hand and officipl shay r,,,, NOTApr PUBLIC CALIFORNIA My Commission expires ' �'• PRWGPAL OFFICE IN 1�' 1 �' LOS ANGELES COUNTY �r(' ��l" u-L r - — —! Notary Pugjc . My Commission Expires Aug. 12, 1970 0 d H ��.]7 a10�y 3 - l' a, .y_) W Ot q c+ a } N W H U c _ o ,� w t 3 U Ir o c O 2 I \\ • H �J �. i _ a T O O k� N N o Cc Ew 6 -CI 43 L C a] O ai O c0 n et = CJ -2 O o2 Y c ,n ci F- d r W .4 • w ,- O .c c' O - •0 >. O Z c OT J�' NI v , 1 W W O o y o �w u a. w i 7 o a = Q 9 T O U LL. F- O O O r` M Ql V D: O O 0 d O p p cc"; IT. I E p o U O E aoi cc 0 o o, 1 W a '? tea) Q x -. ` ,,- o w O O CC 5 G �/J c) p c a`i y o o O m 0 'c o n o Q CI.-1 to d $ v a o a o 0 a w � w C' O U 'o °= E c'o o cg 2 Z �� [+S N U C -o .- o a. ' 9 LJ _ AA q .-7 u F- rl. o a n o 0 Q- a ca ? u H _ ZI v o m o p_, O L.i F- it JnU a`�_yUl 8.1 I—, Lc: •j F •+ ~ `o u E a a ___ _ Lci • • GRANT, BERNARD WALLACE H.GRANT 515 KIMBARK STREET DANIEL F.BERNARD LYONS & GADDIS POST OFFICE BOX 978 RICHARD N.LYONS,II LONGMONT,CO 80502-0978 JEFFREY J.KAHN A PROFESSIONAL CORPORATION 303-776-9900 H.WILLIAM SIMS,JR. ATTORNEYS AND COUNSELORS FAX772-6105 JOHN W.GADDIS DENVER 571-5506 BRADLEY A.HALL DENVER FAX 571-0939 STEVEN P.JEFFERS E-MAIL info@gblg.com CAMERON A.GRANT WENDY S.RUDNIK SUZAN D.FRITCHEL June 9, 1997 Weld County Planning 1402 North 17th Avenue Greely, Colorado 80632 Re: Court Order of Inclusion- Oliver Property St. Vrain Sanitation District Enclosed for your information is a copy of a recorded Order of Inclusion recently entered by the Weld County District Court. This Order effectively includes the real property described in the Order and located within Weld County, Colorado, into the St. Vrain Sanitation District. Please adjust your records accordingly. Sincerely, GRANT, BERNARD, LYONS & GADDIS, a Professional Corporation By J a L. Macy Legal Assistant Enclosure cc: St. Vrain Sanitation District JUN 1 3 1997 d • • • 5 7� DISTRICT COURT, WELD COUNTY,STATE OF COLORADO Civil Action No. 85 CV 1166 COURT ORDER OF INCLUSION IN THE MATTER OF THE INCLUSION) OF LAM)WITHIN THE ST. VRAIN ) SANITATION DISTRICT ) THIS MATTER HAVING COME BEFORE THE COURT and the Court being sufficiently advised in the premises, FINDS: 1. That a certified copy of the Order of the Board of Directors of the St. Vrain Sanitation District (District) entered on April 9, 1997, has been filed with the Clerk of this Court as provided by law wherein certain property therein described was included into the District; 2. That it appears from the documents and papers on file that the proceedings of the District with reference to inclusion of such property into the District were regular and in accordance with requirements of law. NOW, THEREFORE, IT IS ORDERED that the following described property known as the Oliver property situated in the County of Weld, State of Colorado, be and hereby is included into the St. Vrain Sanitation District pursuant to Section 32-1-401(1)(c)(I), C.R.S.: A Tract of land being a part of the Southeast Quarter (SE '/a) of Section 5, Township 2 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Southeast Corner of Section 5, Township 2 North, Range 68 West of the 6ih Principal Meridian and considering the East line of the Southeast Quarter (SE1/4) to bear North 01° 05' 42" East, to the East Quarter (E1/4) Corner of said Section 5, with all bearings contained herein being relative thereto; thence along said East line, North 01° 05' 42" East, a distance of 238.40 feet, to a point on the North Right-of-Way line of Colorado Highway No. 119 also being the True point of Beginning. Thence along the said North Right-of-Way line the following three (3) courses and distances, (I) along a curve to the right having a radius of 11,310.00 feet, a central angle of 02° 33' 23", an arc distance of 504.65 feet, the long chord of which bears North 84° 00' 26" West, a distance of 504.61 feet; (2) thence south 88° 35' 30" West, a distance of 333.17 feet; (3) thence along a curve to the left having a radius of 5,830.00 feet, a central angle of 00° 03' 19", an arc distance of 5.63 feet, the long chord of which bears North 82° 46' 07" West, a distance of 5.63 feet; thence North 00° 43' 18"East, a distance of 2,400.32 feet, to a point on the North line of the Southeast Quarter (SE1/4); thence along said North line, South 89° 09' 00" East, a distance of 856.87 feet, to the East Quarter (E1/4) Corner of the said Section 5; thence along the East line of the Southeast Quarter (SE1/4), south 01° 05' 42" West, a distance of 2,433.06 feet to the True Point of Beginning. 2544572 8-1602 P-582 04/24/1997 01 :08P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 11 .00 Said Tract of land contains 46.879 acres, more or less, and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. DATED: 4. \5 , 1997. District Judge 2544572 8-1602 P-582 04/24/1997 01 :08P PG 2 OF 2 2 Hello