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HomeMy WebLinkAbout20212395.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO 'O' STREET AND 35TH AVENUE INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DANIEL FAMILY, LLC 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 an Agreement Concerning the Purchase of Public Road Right -of -Way, and Temporary Construction Easement for Certain Improvements to the 'O' Street and 35th Avenue Intersection Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Daniel Family, LLC, 2190 Union Drive, Lakewood, Colorado 80215, with further 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 Agreement Concerning the Purchase of Public Road Right -of -Way, and Temporary Construction Easement for Certain Improvements to the 'O' Street and 35th Avenue Intersection Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Daniel Family, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. cc:PWWgci-i 1 r) ofIW I 2021-2395 EG0079 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO 'O' STREET AND 35TH AVENUE INTERSECTION PROJECT — DANIEL FAMILY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddriffiV G: ufeleo•&k, Weld County Clerk to the Board ounty A o ey Date of signature: OM b/)_ Steve Moreno, Chair 2021-2395 EG0079 (),O7,,tAce,C I J 'fr-O U7(p MEMORANDUM TO: Clerk to the Board DATE: August 2, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Agreement for Purchase of Public Road Right of Way and Temporary Construction Easement CONTRACT ID: 5096 RE: O Street and 35th Avenue Roundabout RC -115 Approve Agreement for Purchase of Certain Property for Public Road Improvements and Acceptance of Grant of Temporary Construction Easement between the Daniel Family, LLC and Weld County, Colorado. Total Compensation to be paid to Owner is $194,168.00 as outlined below: • County agrees to pay $134,800.00 for 3.37 acres of Public Road Right of Way • County agrees to pay $4,560.00 for 0.57 acres of Temporary Construction Easement • County agrees to pay $13,000 for Owner's improvements being taken with acquisition including stucco wall, landscaping, and irrigation • County agrees to pay $41,808 incentive to sign Agreement 2021-2395 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN THE DANIEL FAMILY, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this L1day o ' 2021, by and between the DANIEL FAMILY, LLC, whose address is 2190 Union D '' e, Lakewood, Colorado 80215 hereinafter collectively referred to as "Owner," and WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described in the attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild and improve the intersection of `O' Street and 35th Avenue, which will include the addition of a roundabout for the new roadway (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A — RW 3 - Description, Depiction, and Form of ROW. Exhibit B — TCE 3 - Description, Depiction, and Form of TCE. II. COMPENSATION* PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is One Hundred Ninety -Four Thousand One Hundred Sixty -Eight Dollars, ($194,168.00). a. Owner agrees to sell, and County agrees to purchase at closing the Public Road Right -of -Way described and depicted on Exhibit A, RW-3 for the sum of One Hundred Thirty -Four Thousand Eight Hundred Dollars, ($134,800.00). b. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit B, TCE-3 for the sum of Four Thousand Five Hundred Sixty Dollars, ($4,560.00). c. County agrees to pay Owner Thirteen Thousand Dollars ($13,000.00) for Owners improvements including the stucco entry feature, irrigation and 4746350 Pages: 1 of 12 08/18/2021 11:27 AM R Fee:$0.00 Carly Koppau, Clerk and Recorder, Weld County , CO Ill Klink 11111 Page 2 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DANIEL FAMILY, LLC AND WELD COUNTY, COLORADO landscaping. d. County agrees to pay owner Forty -One Thousand Eight Hundred Eight Dollars ($41,808.00) as a signing incentive provided that the Agreement to Purchase is executed and delivered to the County by June 14, 2021. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. III. PUBLIC ROAD RIGHT(S)-OF-WAY 1. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication as provided in Exhibit A, RW-3. 2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of - Way to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. The dedication shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit B, TCE-3. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. V. CLOSING 1. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Public Road Right - of -Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way and Temporary Construction Easement. 4746350 Pages: 2 of 12 08/16/2021 11:27 AM R Fee:$0.00 Carly Koppea, Clark and Recorder, Weld County , CO iii RCM Oki 11111 Page 3 of4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DANIEL FAMILY, LLC AND WELD COUNTY, COLORADO 2. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement and Deed of Dedication. VI. MISCELLANEOUS: 1. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all "prior negotiations, representations, and understandings or agreements with respect to . the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees 4746390 Pages: 3 of 12 08/18/2021 11:27 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO lIII ��R' �ti I�I��'hi'�IL��i�11hYl�ll �I awl.. Yoh II 111 Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DANIEL FAMILY, LLC AND WELD COUNTY, COLORADO shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 3. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: t D iel Family, LLC By: ATTEST: datif4A) .4;ok. Weld County Clerk to the Board BY: Deputy Clerk to the Bo APPROVED AS TO FORM. ts County Attorney 4746350 Pages: 4 of 12 08/10/2021 11:27 AM R Fee:$0.00 Carly Kopp.,, Clark and Recorder, Weld County , CO VIII Iicrls14µ10;G0;RlMWZMPI4I ��4iYlti 1I II Title: 46e."--i_e,ti BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eve Moreno, Chair AUG 0 9 2021 026b2/-02 59 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF CORRECTED RECORDED EXEMPTION 0805 -26 -4 -RE -2800 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2838854 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 01'01'20" WEST, A DISTANCE OF 2624.86 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 01'01'20" WEST, A DISTANCE OF 890.73 FEET; THENCE DEPARTING SAID EAST UNE SOUTH 88'58'40" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF THIRTY FIFTH AVENUE AS DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK TO THE BOARDS OFFICE UNDER ROAD BOOK 1. PAGE 124, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF 0 STREET AS FILED IN THE WELD COUNTY CLERK TO THE BOARDS OFFICE UNDER ROAD BOOK 2, PAGE 342 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 72'16'19" WEST, A DISTANCE OF 666.69 FEET, TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE 202.00 FEET WHOSE RADIUS IS 3436.95 FEET, CENTRAL ANGLE IS 03'22'03" AND WHOSE CHORD BEARS NORTH 74'01'46" WEST, A DISTANCE OF 201.97 FEET; THENCE NORTH 75'30'21" WEST, A DISTANCE OF 185.48 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE 115.09 FEET WHOSE RADIUS IS 1421.58 FEET, CENTRAL ANGLE IS 04'38'18" AND WHOSE CHORD BEARS NORTH 78'07'58" WEST, A DISTANCE OF 115.06 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY UNE SOUTH 83'21'20" EAST, A DISTANCE OF 369.32 FttI, TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE 141.63 FEET WHOSE RADIUS IS 880.00 FEET, CENTRAL ANGLE IS 0913'17" AND WHOSE CHORD BEARS SOUTH 87'57'59" EAST, A DISTANCE OF 141.48 FEET; THENCE NORTH 87'25'23" EAST, A DISTANCE OF 279.38 FEET; THENCE NORTH 88'57'02" EAST, A DISTANCE OF 148.75 FEET; THENCE NORTH 01'02'58" WEST, A DISTANCE OF 10.00 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE NORTHWEST; CONTINUE: RIGHT OF WAY ACQUISITION DANIEL FAMILY LLC - RW-3 WELD COUNTY, COLORADO 4746350 Pages: 5 of 12 08/18/2021 11:27 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS c .V ft Y 0 STREET & 35th AVE. PROJECT PROJECT NO: RC -115 SCALE: I "=200 DATE: I0- I3-20IDRAWN BY: DRH SHEET- I of 3 liii I �s>rR:ti'�I�h'f I ��r��Ii h �E�' R I I �Y4�h II 111 EXHIBIT -A PROPERTY DESCRIPTION THENCE ALONG THE ARC OF SAID CURVE 143.51 FEET WHOSE RADIUS IS 180.00 FEET, CENTRAL ANGLE IS 45'40'49" AND WHOSE CHORD BEARS NORTH 66'06'37" EAST, A DISTANCE OF 139.74 FEET, TO THE POINT OF A COMPOUND CURVE WHICH IS CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE 61.37 FEET WHOSE RADIUS IS 70.00 FEET, CENTRAL ANGLE IS 50'14'00" AND WHOSE CHORD BEARS NORTH 18'09'12" EAST, A DISTANCE OF 59.42 FEET; THENCE NORTH O6'57'48" WEST, A DISTANCE OF 70.73 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE 27.87 FEET WHOSE RADIUS IS 380.00 FEET, CENTRAL ANGLE IS 04'12'09" AND WHOSE CHORD BEARS NORTH 04'51'43" WEST, A DISTANCE OF 27.87 FEET, TO A POINT ON THE NORTHERLY LOT UNE OF SAID LOT -8; THENCE ALONG SAID LOT LINE SOUTH 57'28'27" EAST, A DISTANCE OF 49.13 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID THIRTY FIFTH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY UNE SOUTH 01'01'20" EAST, A DISTANCE OF 490.89 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 146,969.57 sf. OR 3.37 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION DANIEL FAMILY LLC - RW-3 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS 0 STREET & 35th AVE. PROJECT PROJECT NO: RC -115 SCALE: 1"-200 DATE: I0-13-211IDRAWN BY: DRUISHEET: 2 of 3 4746350 Pages: 6 of 12 08/18/2021 11:27 AM R F..:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO iii IordRni4Janver.rividp roilR'liitieLW "HI LINE TABLE LINE. BEARING DISTANCE L1 S88'58'40"W 30.00' L2 N75'30'21"W 185.48' L3 N88'57'02"E 148.75' L4 NO1'02'58'W 10.00' L5 N06'57'48"W 70.73' L6 SO4'23'21"W 30.00' L7 S57'28'27"E 49.13' EXHIBIT -A UNION COLONY INVESTORS LLC DANIEL FAMILY LLC RECP.#4222652 PARCEL#080526000048 LOT -B CORR RE -2800 REC#2838854 4-09-2001 S83 21'20"E 369.32' —.e, EXISTING 60' RIGHT—OF—WAY 60' BY PETITION RD BK-2. PG 342 JULY 20, 1880 COLORADO ENERGY RESOURCES LLC E 1/4 COR. S26-T6N-R66W FND 3 1/4" ALUM. CAP LS10855 1994 IN MON. BOX EXISTING 60' RIGHT-OF-WAY 60' BY PETITION, MAY 05. 1872 RD 8K-1. PG 124 RW-3 RIGHT—OF—WAY ACQUIRED 146,969.57 sf. OR 3.37 ac.± C3 N87'25'23"E 279.38' L3 l,f _ T MIRAMONTES CURVE TABLE C# LENGTH RADIUS DELTA CHD B CHD Cl 202.0.0 3436.95' 03'22'03"N74'01'46"W 201.97' C2 115.09' 1421.58' 04'38'18" N78'07'58"W 115.06' C3 141.63' 880.00' 09"13'17" S87'57'59"E 141.48' C4 143.51' 180.00' 45'40'49"N66'06'37"E 139.74' C5 61.37' 70.00' 5014'00" N18'09'12"E 59.42' C6 27.87' 380.00' 04'12'09" N04'51'43"W 27.87' NOTE: TH S EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT S INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION DANIEL FAMILY LLC - RW-3 WELD COUNTY, COLORADO COUNTY 4746330 Pages: 7 of 12 08/16/2021 11:27 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO to KiRn& "Ill ' ' NEW /P.O.C. SE COR. S26—T6N—R66W s �s ILLEGIBLE 2 1/2" ALUM. CAP�t_I ILLEGIBLE IN MON. BOX ®® WELD COUNTY DEPARTMENT OF PUBLIC WORKS O STREET & 35th AVE. PROJECT PROJECT NO: RC -115 DATE:10-13-20 SCALE: 1"=200 DRAWN BY: DRH SHEET: 3 of 3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2021, between the Daniel Family, LLC (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Daniel Family, LLC STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of by Witness my hand and official seal. Notary Public , 2021, ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4746350 Pages: 8 of 12 00 CarlyBKopp ■,021 1Cle k 7 and Recorder, M R Wed County CO IMMIId OINIM P i`1f9l1II EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BONG A PORTION OF CORRECTED RECORDED EXEMPTION O8O5-26-4-RE-28OO FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2838854 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH O1'O1'2O" WEST, A DISTANCE OF 2624.86 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH O1'O1'2O" WEST, A DISTANCE OF 1408.77 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 88'58'4O" WEST, A DISTANCE OF 70.95 FEET, TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT -B, BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID NORTHERLY LOT LINE AND ALONG THE ARC OF A CURVE, WHICH IS CONCAVE TO THE EAST, 27.87 FEET WHOSE RADIUS IS 380.00 FEET, CENTRAL ANGLE IS O4'12'O9" AND WHOSE CHORD BEARS SOUTH O4'51'43" EAST, A DISTANCE OF 27.87 FEET; THENCE SOUTH O6'57'48" EAST, A DISTANCE OF 70.73 FEET,TO THE POINT OF CURVE WHICH IS CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID CURVE 61.37 FEET WHOSE RADIUS IS 70.00 FEET, CENTRAL ANGLE IS 5O'14'OO" AND WHOSE CHORD BEARS SOUTH 18'O9'12" WEST, A DISTANCE OF 59.42 FEET, TO THE POINT OF A COMPOUND CURVE WHICH IS CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID CURVE 143.51 FEET WHOSE RADIUS IS 180.00 FEET, CENTRAL ANGLE IS 45'4O'49" AND WHOSE CHORD BEARS SOUTH 66'O6'37" WEST, A DISTANCE OF 139.74 FEET; THENCE SOUTH O1'O2'58" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 88'57'O2" WEST, A DISTANCE OF 148.75 FEET; THENCE SOUTH 87'25'23" WEST, A DISTANCE OF 279.38 FEET, TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE 141.63 FEET WHOSE RADIUS IS 880.00 FEET, CENTRAL ANGLE IS O913'17" AND WHOSE CHORD BEARS NORTH 87'57'59" WEST, A DISTANCE OF 141.48 FEET; THENCE NORTH 83'21'2O" WEST. A DISTANCE OF 369.32 FEET, TO THE EASTERLY PROPERTY LINE AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3995456; CONTINUE: TEMPORARY CONSTRUCTION EASEMENT ACQUISITION DANIEL FAMILY LLC - TCE-3 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS O STREET & 35th AVE. PROJECT PROJECT NO: RC -1 15 SCALE: DATE: I0-13-20 DRAWN BY: DRFI SHEET: I of 3 4746350 Pages: 9 of 12 08/16/2021 11:27 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1111 ingillikU lthrelielP �a � Kvrii iiilily 11111 EXHIBIT -B PROPERTY DESCRIPTION THENCE ALONG SAID EASTERLY PROPERTY LINE NORTH 00'27'44" EAST, A DISTANCE OF 20.21 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 80'57'56" EAST, A DISTANCE OF 2.18 FEET; THENCE SOUTH 83'21'20" EAST, A DISTANCE OF 369.32 FEET, TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE 138.41 FEET WHOSE RADIUS IS 860.00 FEET, CENTRAL ANGLE IS 09'13'17" AND WHOSE CHORD BEARS SOUTH 87'57'59" EAST, A DISTANCE OF 138.26 FEET; THENCE NORTH 87'25'23" EAST, A DISTANCE OF 279.64 FEET; THENCE NORTH 88'57'02" EAST, A DISTANCE OF 129.01 FEET; THENCE NORTH 01'02'58" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 88'57'02" EAST, A DISTANCE OF 20.00 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID CURVE 127.56 FEET WHOSE RADIUS IS 160.00 FEET, CENTRAL ANGLE IS 45'40'49" AND WHOSE CHORD BEARS NORTH 66'06'37" EAST, A DISTANCE OF 124.21 FEET, TO THE POINT OF A COMPOUND CURVE WHICH IS CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID CURVE 43.84 FEET WHOSE RADIUS IS 50.00 FEET, CENTRAL ANGLE IS 50'14'00" AND WHOSE CHORD BEARS NORTH 18'09'12" EAST, A DISTANCE OF 42.45 FEET; THENCE NORTH 06'57'48" WEST, A DISTANCE OF 70.73 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE 43.32 FEET WHOSE RADIUS IS 400.00 FEET, CENTRAL ANGLE IS 06'12'20" AND WHOSE CHORD BEARS NORTH 03'51'38" WEST, A DISTANCE OF 43.30 FEET, TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT -B; THENCE ALONG SAID NORTHERLY LOT LINE SOUTH 57'28'27" EAST, A DISTANCE OF 24.20 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 24,868.24 sf. OR 0.57 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION DANIEL FAMILY LLC - TCE-3 WELD COUNTY, COLORADO 4746330 Pages: 10 of 12 08/18/2021 11:27 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS 0 STREET & 35th AVE. PROJECT PROJECT NO: RC- I l5 SCALE: DATE:10-13-20IDRAWN BY: DRH SHEET: 2 of 3 liii I ��I ��w���'WK 1P+bIC6�C4 ��� I��t�l Nd� 1I 111 LINE TABLE LINE BEARING DISTANCE L1 S88'58'40"W 70.95' L2 S06'57'48"E 70.73' L3 SO1-O2'58"E 10.00' L4 S88'57'O2"W 148.75' L5 N83'21'2O"W 369.32' L6 NOO'27'44"E 20.21' L7 S8O'57'56"E 2.18' L8 N88'57'O2"E 129.01' L9 NO1'O2'58"W 10.00' L1O N88'57'O2"E 20.00' L11 NO6'57'48"W 70.73' L12 S57'28'27"E 24.20' EXHIBIT -B UNION COLONY INVESTORS LLC DANIEL FAMILY LLC RECP.#4222652 PARCEL#080526000048 LOT -B CORR RE -2800 REC#2838854 4-09-2001 EXISTING 60' b • + RIGHT-OF-WAY 60' BYPETITION RD BK-2, PG PG 342 JULY 20, 1880 COLORADO ENERGY RESOURCES LLC E 1/4 CUR. S26-T6N-R66W FND 3 1/4" ALUM. CAP LS10855 1994 IN MON. BOX TCE-3 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 24,868.24 sf. OR 0.57 oc.± MIRAMONTES CURVE TABLE C# LENGTH RADIUS DELTA CHD B CHD C1 27.87' 380.00' O4'12'O9" 5O4'51'43"E 27.87' C2 61.37' 70.00' 50'14'00" S18'O9'12"W 59.42' C3 143.51' 180.00' 45'4O'49" $66'O6'37"W 139.74' C4 141.63' 880.00' O913'17" N87'5T59"N/141.48' C5 138.41' 860.00' O9'13'17" S87'57'59"E 138.26' C6 127.56' 160.00' 45'40'49" N66'O6' 37"E 124.21' C7 43.84' 50.00' 5O'14'OO" N18'O9'12"E 42.45' C8 43.32' 400.00' O6'12'2O" NO3'51'38"W 43.30' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION DANIEL FAMILY LLC - TCE-3 WELD COUNTY, COLORADO 4746300 Pogo*: 11 of 12 08/16/2021 11:27 AM R F..:$0.00 Carly Koppel, Clark and Raoord.r, Wald County , CO EXISTING 60'—.. RIGHT—OF—WAY 60' BY PETITION, MAY 05, 1872 RD BK-1. PG 124 PROPOSED RIGHT—OF—WAY P.O.C. SE COrc. S26— IoN-R66W ��■ FOUND 2 1/2" ALUM. CAP�1_ I ILLEGIBLE IN MON. BOX ®® WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS p c J Ell Wird1n iikt'inR 11111 O STREET & 35th AVE. PROJECT PROJECT NO: RC -I15 SCALE: I "=200 DATE: 10-13-20IDRAWN BY: DRH1SHEET: 3 of 3 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Daniel Family, LLC, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNES SETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediate upon closing and shall expire and be of no further force or effect 2 years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees to provide access to the property from the Right -of -Way throughout the term of the TCE at an agreed upon location. GRANTOR: Daniel Family, LLC Date 4746350 1 21 11:2Pages: R i2 of 12 F..:$0.00 Carly Kopp.a, Clerk and Recorder, Weld County , CO 11 III Contract Form New Contract Request Entity Information Entity Name* DANIEL, LINDA Entity ID * '$-D00441 1 ❑ New Entity? Contract Name* Contract ID AGREEMENT FOR THE PURCHASE OF CERTAIN PROEPRTY 5096 FOR PUCLI ROAD IMPROVEMENTS Contract Status CTB REVIEW Contract Lead* TVJOHNSON Contract Lead Email tvjohnsonOco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN THE DANIEE FAMILY, LLC AND WELD COUNTY, COLORADO Contract Description 2 AGREEMENT TO PURCHASE PUBLIC ROAD RIGHT OF WAY AND A GRANT OF TEMPORARY CONSTRUCTION EASEMENT Contract Type AGREEMENT Amount* S194,168.00 Renewable* NO Aut Grant Department PUBLIC WORKS Department Email CM- PublicWorksweldgov.com Department Head Email CM-PublicWorks- DeptHeadC'weIdgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYTWELDG OV.COM Requested BOCC Agenda Date* 08/02/2021 Due Date 07/29,2021 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective DateReview Date* Renewal Date 07;27,=2022 Termination Notice Period Committed Delivery Date Expiration Date 07;2712023 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 07/29/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08(04'2021 Originator TVJOHNSON Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Purchasing Approved Date Finance Approved Date 08;02:2021 Tyler Ref # AG 080421 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 08/02'2021 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Daniel Family, LLC, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediate upon closing and shall expire and be of no further force or effect 2 years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees to provide access to the property from the Right -of -Way throughout the term of the TCE at an agreed upon location. GRANTOR: Danie Family, LLC deswxiti- 74y 8- ,-,001-/ 714-e 2c Date (7 A.0./ -0.239 5 6-60979 MEMORANDUM TO: Clerk to the Board DATE: August 25, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda- Acceptance of ROW Dedication DOCKET: 20212395 CONTRACT ID: 5096 RE: O Street and 35th Avenue Roundabout RC -115 Please place the attached Deed of Dedication on the consent agenda for acceptance of the Deed of Dedication for Public Road Right of Way from Daniel Family, LLC by the Weld County Commissioners. egile41+ Acder)cloz og/ ao / a i cc.: pug Ts): Q 13llat 0R/13/2.1 OO67 I- @395 E.60079 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 40, day of4tcgtc s77202 I, between the Daniel Family, LLC (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: riC�eJ x�'�i� Daniel Family, LLC STATE OF COLORADO ) legerson) ss. COUNTY OF WELD ) The g • 'ng instrument was ackno by I 1 /.-. �, ►, /.� /' m han+, and official seal. ASHLEY N BACA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 202040447 n MY COMMISSION WIRES DEC 024 lit) of 7` 1 , 2021, Pub i ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Pudic Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated thiseNEJ day of , 2021. ATTEST: C jeL•� Weld County Clerk to the Board WELD COUNTY, COLORADO *No Deed of Dedication is valid 43-2-201(1)(a). BOARD OF COUNTY COMMISSIONERS hair, Board of County Commissioners rd of County Commissioners pursuant to G.R.S. 4753766 Pages: 1 of 3 09/08/2021 10:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■III PAM 'MIMII iYAMA%IN'II��:'Y4rh 1I II EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF CORRECTED RECORDED EXEMPTION 0805 -26 -4 -RE -2800 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2838854 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 01'01'20" WEST, A DISTANCE OF 2624.86 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 01'01'20" WEST, A DISTANCE OF 890.73 FEET: THENCE DEPARTING SAID EAST LINE SOUTH 88'58'40" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THIRTY FIFTH AVENUE AS DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK TO THE BOARDS OFFICE UNDER ROAD BOOK 1. PAGE 124, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 0 STREET AS FILED IN THE WELD COUNTY CLERK TO THE BOARDS OFFICE UNDER ROAD BOOK 2, PAGE 342 SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 72'16'19" WEST, A DISTANCE OF 666.69 FEET, TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE 202.00 FEET WHOSE RADIUS IS 3436.95 FEET, CENTRAL ANGLE IS 03'22'03" AND WHOSE CHORD BEARS NORTH 74'01'46" WEST, A DISTANCE OF 201.97 FEET; THENCE NORTH 75'30'21" WEST, A DISTANCE OF 185.48 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE 115.09 FEET WHOSE RADIUS IS 1421.58 FEET, CENTRAL ANGLE IS 04'38'18" AND WHOSE CHORD BEARS NORTH 78'07'58" WEST, A DISTANCE OF 115.06 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 83'21'20" EAST, A DISTANCE OF 369.32 FEET, TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE 141.63 FEET WHOSE RADIUS IS 880.00 FEET, CENTRAL ANGLE IS 09'13'17" AND WHOSE CHORD BEARS SOUTH 87'57'59" EAST, A DISTANCE OF 141.48 FEET; THENCE NORTH 87'25'23" EAST, A DISTANCE OF 279.38 FEET; THENCE NORTH 88'57'02" EAST, A DISTANCE OF 148.75 FEET; THENCE NORTH 01'02'58" WEST, A DISTANCE OF 10.00 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE NORTHWEST; CONTINUE: RIGHT OF WAY ACQUISITION DANIEL FAMILY LLC - RW-3 WELD COUNTY, COLORADO 4753766 Pages: 2 of 3 09/08/2021 10:28 AM R F..:$0.00 Carly Koppes, Clerk and Recorder, Wald County , CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS O STREET & 35th AVE. PROJECT PROJECT NO: RC -115 SCALE: 1"-200 DATE:10-13-20IDRAWN BY: DRHISHEET: 1 of 3 lIII �jI r �a+uP I'.' iwJ�� �rl �I' I�' EvJ 11111 EXHIBIT -A PROPERTY DESCRIPTION THENCE ALONG THE ARC OF SAID CURVE 143.51 FEET WHOSE RADIUS IS 180.00 FEET, CENTRAL ANGLE IS 45'40'49" AND WHOSE CHORD BEARS NORTH 66'06'37" EAST, A DISTANCE OF 139.74 FEET, TO THE POINT OF A COMPOUND CURVE WHICH IS CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE 61.37 FEET WHOSE RADIUS IS 70.00 FEET, CENTRAL ANGLE IS 50'14'00" AND WHOSE CHORD BEARS NORTH 18'09'12" EAST, A DISTANCE OF 59.42 FEET; THENCE NORTH 06'57'48" WEST, A DISTANCE OF 70.73 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE 27.87 FEET WHOSE RADIUS IS 380.00 FEET, CENTRAL ANGLE IS 04'12'09" AND WHOSE CHORD BEARS NORTH 04'51'43" WEST, A DISTANCE OF 27.87 FEET, TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT -B; THENCE ALONG SAID LOT LINE SOUTH 57'28'27" EAST, A DISTANCE OF 49.13 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID THIRTY FIFTH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 01'01'20" EAST, A DISTANCE OF 490.89 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 146,969.57 sf. OR 3.37 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION DANIEL FAMILY LLC - RW-3 WELD COUNTY, COLORADO 4753766 Pages: 3 of 3 09/08/2021 10:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS 0 STREET & 35th AVE. PROJECT PROJECT NO: RC-Il5 SCALE: 1"--=200 DATE: 10-13-2OIDRAWN BY: DRH SHEET: 2 of3 VIII�1RN� G4�'�KG�i�'FJM�lk441�'�h P�� M'� Wrrh III II Hello