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HomeMy WebLinkAbout20210158.tiffRESOLUTION RE: APPROVE DEED OF PERPETUAL NON-EXCLUSIVE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR BRIDGE 86/33A PROJECT AND AUTHORIZE CHAIR TO SIGN - CITY OF THORNTON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Deed of Perpetual Non -Exclusive Easement and a Temporary Construction Easement for the Bridge 86/33A 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 City of Thornton, commencing upon full execution of signatures, with further terms and conditions being as stated in said deed and easement, and WHEREAS, after review, the Board deems it advisable to approve said deed and easement, 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 Deed of Perpetual Non -Exclusive Easement and a Temporary Construction Easement for the Bridge 86/33A 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 City of Thornton, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed and easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifetj ..Celo•e1 Weld County Clerk to the Board BY: APP County Attorney Date of signature: O z�r Steve oreno, S •_.... James, Pro- m Perry L. ck ike Freeman Lori hair 2021-0158 EG0079 CC. ( t-k/ER/cH/TS/EG/DD) CA 0311/6c) 0;124 /21 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Commissioners, Bob Choate Thursday, January 7, 2021 2:19 PM Commissioners Bruce Barker; Esther Gesick; Don Dunker; Erich Green; Tiffane Johnson; Elizabeth Relford; Jay McDonald Agenda Items - Easements Thornton Perpetual Easement with Exhibit.pdf; Thornton Temporary Construction Easement with Exhibit.pdf I am requesting your permission to put these two easements on your agenda next Wednesday, January 13th. We are acquiring .034 acres of a permanent easement and .024 acres of a temporary construction easement from the City of Thornton for our bridge project on CR 86 just west of Highway 85. The total purchase price is $860.00. We are trying to get this done as soon as possible so that our contractor can start and complete the work by March 31St, which is the date we agreed upon with the ditch owner (Water Supply and Storage Company), so that we don't affect irrigation season. The Thornton City Council will consider this at their January 26th meeting. As always I am happy to answer questions. Thanks, Bob Choate Assistant Weld County Attorney 1150 `O' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. o1li3 2021-0158 L(.1001q �� City of Thornton Civic Center 9500 Civic Center Drive P.O. Box 291220 Thornton, Colorado 80229-1220 February 9, 2021 Bob Choate, Esq. Assistant Weld County Attorney PO Box 758 Greeley, CO 80632 Re: Easements for Farm 118-2 Dear Mr. Choate: City Attorney's Office (303)538-7210 FAX (303) 538-7427 www.ci.thornton.co.us Enclosed please find copies of the fully executed Temporary Construction Easement and Deed of Perpetual Non -Exclusive Easement for the purpose of repairing and maintaining the Weld County Road 86/33A bridge and a roadway at its existing location adjacent to Farm 118-2. Please let us know if you need anything further. Sincerely, Joyce Gonzales Law Office Administrator Enclosures DEED OF PERPETUAL NON-EXCLUSIVE EASEMENT THIS GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT is executed this Aj" day of Fe , 2021, between the City of Thornton, a Colorado home rule municipality, located a 9500 Civic Center Drive, Thornton, Colorado 80229 ("Grantor") and the County of Weld, 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 ("Grantee"). Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." 1. Grantor, for and in consideration in the amount of Ten dollars ($10.00) and the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its successors and assigns, a perpetual non-exclusive easement as particularly described in Exhibit "A", attached hereto and incorporated herein by this reference ("Easement"), for the sole purpose of constructing, operating, maintaining, repairing, reconstructing, the Weld County Road 86/33A Bridge and roadway at its existing location ("Project") on, over, under, and through the Easement. 2. Grantor further grants to the Grantee: a. The right to ingress and egress over and across the Easement for the purpose of exercising the rights herein granted. b. The right to mark the location of the Easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said Easement. 3. As a condition to the grant of this Easement, the Grantee covenants and agrees, as follows: a. To complete the construction of the Project, as to the area where the Easement is located, by September 1, 2021, or earlier. Failure to meet this deadline will constitute permanent abandonment of the Easement and the associated rights granted herein and Grantee shall execute such documents as reasonably requested by Grantor to clear title to the property. b. Grantor reserves the right to use and occupy the Easement for any purpose consistent with the rights and privileges above granted including the continuation of normal cultivation of the Easement area. c. Grantee agrees to pay compensation to Grantor's tenant if any growing crops are removed or damaged by Grantee to the extent of its share and interest in the same, including a reasonable profit, which payment shall be upon a basis consistent with the conditions, including market conditions, at the time such crops are damaged or removed. 4. In the event any of the terms of this Easement are violated by the Grantee or by any person in privity with the Grantee, such violation shall be immediately corrected and eliminated upon receipt of notice from the Grantor, and if not corrected, the Grantor shall have the right to correct and eliminate such violation, and the Grantee, its successors and 1 4682830 Pages: 1 of 8 02/10/2021 10:44 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO IIII KIM "II c:200S1 —017 (9 assigns, shall promptly pay the costs to correct said violation including, but not limited to, Grantor's reasonable attorney's fees. If such violation is not corrected, the Grantor shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The Grantor reserves the right to do all acts necessary to immediately remedy any emergency or situation that may arise associated with or caused by the Easement. 5. The Grantee shall restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Project installed by Grantee, any damages caused on the Easement, including landscaping, reseeding, fences, or other improvements, arising out of the construction or reconstruction, repair, maintenance, replacement, inspection, survey or removal of the Project whenever same may occur. 6. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the Project is installed and completed as provided in paragraph 3 above, maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Easement herein granted, Grantee shall and all of Grantee's right, title and interest in the Easement shall revert to the then owner of the property underlying the Easement. 7. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 8. Grantee acknowledges that this Easement may be subject to existing easements or other property rights, recorded or otherwise, and that such easements or property rights have priority in right over the Easement granted herein. 9. All of 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. 10. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Grantor and the covenants and promises hereinabove made as Grantee. 11. The Parties hereto agree that this Easement shall be recorded at Grantee's sole expense in the office of the County Clerk and Recorder in which the Easement is located. IN WITNESS WHEREOF, the Parties hereto have executed this Perpetual Non -Exclusive Easement to be effective as of the date first -above written. [Signature pages follow] 4882850 Pages: 2 of 8 02/10/2021 10:44 AM R Fee:00.00 Carly Kamm., Clerk and Recorder, Weld County, CO 111111KAP'I II IO:IMk14AMhh'IUMIVil Yki Bill 2 GRANTOR CITY OF THORNTON, COLORADO a Colorado home rule municipality By: ATTEST: Kriste Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A. Corchado, City Attorney John . Mallonee, Interim City Attorney m� Kev'In S. Woods, City Manager STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) Subscribed and acknowledged before me this 5 day of T,e\orvo , 2021, by Kevin S. Woods, City Manager of the City of Thornton, Colorado, a home rule rhunicipality. WITNESS my hand and official seal. My commission expires: JOVIljal Is, I JOANNACHAVEZ I I Ncary'Jbic-S:a:eofColorado Noary ID 20184003175 I h`y Commission Expires Jan 18.2022 I 3 4682830 Pares: 3 of 8 02/16/2021 10:44 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO ���� lif'�f7�i�1�I�I7IT171�r'r11Nita Ma'Ri 1I ��� Steve Moreno, Chair GRANTEE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JAN 1 3 2021 STATE OF COLORADO ) )ss. COUNTY OF WELD ) Subscribed and acknowledged before me this Agfil day of •; _� _ , 2021, by Steve Moreno, Chair and Authorized Agent of the Board of County C•j mission of Weld County. WITNESS my hand and official seal. My commission expires: /.OZ CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 4 4682850 Pages: 4 of 8 02/10/2021 10:44 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO aov_ 0/T8 C) 1111 IFJNI1I;iiiNtiP WAIT: 11111 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2063739 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 88'39'54" WEST, A DISTANCE OF 2614.56 FEET, TO THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 88'39'54" WEST, A DISTANCE OF 1027.15 FEET; IHENCE DEPARTING SAID NORTH LINE SOUTH 01'20'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 86, ALSO BEING A POINT ON THE SOUTHWESTERLY PROPERTY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 44988, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID DEED LINE THE FOLLOWING 3 COURSES, SOUTH 68'47'24" EAST, A DISTANCE OF 15.71 FEET; THENCE SOUTH 58'52'11" EAST, A DISTANCE OF 32.78 FEET; THENCE SOUTH 45'15'51" EAST, A DISTANCE OF 34.34 FEET; THENCE DEPARTING SAID DEED LINE SOUTH 46'38'28" WEST, A DISTANCE OF 14.08 FEET; THENCE NORTH 54'43'30" WEST, A DISTANCE OF 96.88 FEET TO A POINT ON SAID RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88'39'54" EAST, A DISTANCE OF 22.24 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,491 sf. OR 0.034 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 1g§.. RIGHT OF WAY ACQUISITION CITY OF THORNTON WELD COUNTY; COLORADO COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 SCALE: DATE: 9-01-20 DRAWN BY: DRH SHEET: 1 oft 4882850 Payees: 5 of 8 02/18/2021 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Wald County, CO 11111 EXHIBIT -A LINE TABLE LINE BEARING DISTANCE L1 SO1'20'06"E 30.00' L2 S68'47'24"E 15.71' L3 S58'52'11 "E 32.78' L4 S45'15'51 "E 34.34' L5 S46'38'28"W 14.08' L6 N54'43'30"W 96.88' L7 N88'39'54"E 22.24' b S88'39'54"W 2617" �k, BASIS OF BEARING tNW CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS7242 1994 IN MONUMENT BOX S, CITY OF THORNTON RECP.#2063739 PARCEL#070702000046 � 7d eI !' SW 1/4 S35-T8N-266W FIOLKOSKI EXISTING 30' RIGHT-OF-WAY BY USAGE IIIIII t! 1 P.O.C. N 1/4 CORNER S2-17N-R66W FOUND 3 1/4" ALUMINUM CAP LS25953 1996 IN MONUMENT BOX 30' P.O.B. L1 30' )a, 3 L4 L6 L2 RIGHT OF WAY ACQUIRED 1,491 sf. OR 0.034 ac.f ,rz-nv-acew NW 1 /4 S2-T7N-R66W 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. 1 INN In S88'39'54"W 1027.15' EXISTING 30' RIGHT-OF-WAY BY RESOLUTION STONECREEK LLC RIGHT OF WAY ACQUISITION CITY OF THORNTON WELD COUNTY, COLORADO 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 SCALE: 1"=50 DATE: 9-01-20 DRAWN BY: DRH SHEET: 2 of 4682850 Pages: 6 of 8 02/18/2021 10:44 AM R Fee:;0.00 Carly Koppel', Clerk and Recorder, Weld County, CO VIII NUM" 110.16.1A4' NJVi Klan mai Rol SW 1/4 S35 -78N -R6611/ HyLKOSKI EXISTING 30' RIGHT-OF-WAY BY USAGE „ _ IMAM.. :� TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 1026 sf. OR 0.024 ac.- RIGHT OF WAY ACQUIRED 1,491 sf. OR 0,034 ac. -± NH/ / Y S'-77N-R661V CITY OF THORNTON RECP.82063739 PARCEL#070702000046 Al STONE 4582850 Pages: 7 of 8 02/16/2021 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO rdllithug50145:414001kiniirCliiii Bill DEED OF PERPETUAL NON-EXCLUSIVE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT - CITY OF THORNTON APPROVED AS El ANC ment Head APPROVED AS TO FUNDING: Controllere-4— f)&4. - APPROVED AS TO FORM: County Attorney 4682850 Pages: 8 of 8 02/16/2021 10:44 AM R Fee:$0.00 Orly Kopp�t, Clerk and Rsoorder, Weld County, CO 11111 0goov-ci e TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT is executed this 54h day of trtu rv+ , 2021, between the City of Thornton, a Colorado home rule municipality, located at 9500 Civic Center Drive, Thornton, Colorado 80229 ("Grantor") and the County of Weld, 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 ("Grantee"). Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." 1. Grantor, for and in consideration in the amount of Ten dollars ($10.00) and the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its contractors, agents, employees and others deemed necessary by County, its successors and assigns, a temporary easement, and temporary workspaces as particularly described in Exhibit "B", referenced herein as the "Temporary Construction Easement", for the sole purpose of constructing, operating, maintaining, repairing, reconstructing, the Weld County Road 86/33A Bridge and roadway at its existing location ("Project"). 2. This Temporary Construction Easement shall commence upon the date executed above and shall expire and be of no further force and effect on September 1, 2021 or upon the completion of the Project, whichever is earlier. 3. As a condition to the grant of this Temporary Construction Easement, the Grantee covenants and agrees to remain within the limits of the Temporary Construction Easement, to permit continuation of normal cultivation and to restore the Temporary Construction Easement, including landscaping, reseeding, fences, or other improvements to a condition comparable to its original condition. In addition, if any crops are removed or damaged by Grantee, Grantee agrees to pay compensation to Grantor's tenant for any growing crop thereon to the extent of its share and interest in the same, including a reasonable profit, which payment shall be upon a basis consistent with the conditions, including market conditions, at the time such crops are damaged or removed. 4. During the term of this Temporary Construction Easement, Grantor shall not erect or construct, or allow to be erected or constructed any building or other structure within said Temporary Construction Easement, which may interfere with Grantee's full enjoyment of the rights hereunder. 5. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 6. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors 1 oZa021. D/58 Cil) and assigns. 7. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Grantor and the covenants and promises hereinabove made as Grantee. 8. The Parties hereto agree that this Temporary Construction Easement is temporary in nature and as such it shall not be recorded at any County Clerk and Recorder's Office. IN WITNESS WHEREOF, the Parties hereto have executed this Temporary Construction Easement to be effective as of the date first -above written. GRANTOR CITY OF THORNTON, COLORADO a Colorado home rule municipality ATTEST: Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A. Corchado, City Attorney John E. Mallonee, Interim City Attorney By: 2 Kevin`6. Woods, City Manager GRANTEE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JAN 1 3 2021 STATE OF COLORADO ) )ss. COUNTY OF WELD ) Subscribed and acknowledged before me this /,5 day of 2021, by Steve Moreno, Chair and Authorized Agent for the Board of Cunty Commissioners of Weld County. WITNESS my hand and official seal. My commission expires: �o2//g/o.11, CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE Of^ COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 NOTARY 3 /- o/58(3) EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2063739 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 88'39'54" WEST, A DISTANCE OF 2614.56 FEET, TO THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 88'39'54" WEST, A DISTANCE OF 1049.39 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01'20'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 86, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 54'43'3O" EAST, A DISTANCE OF 96.88 FEET; THENCE SOUTH 46'38'28" WEST, A DISTANCE OF 10.20 FEET; THENCE NORTH 54'43'30" WEST, A DISTANCE OF 108.33 FEET, TO A POINT ON SAID RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88'39'54" EAST, A DISTANCE OF 16.77 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,026 sf. OR 0.024 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 CITY OF THORNTON WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 DATE: 9-01-20 SCALE: DRAWN BY: DRH SHEET: I of LINE TABLE LINE BEARING DISTANCE L1 S01'20'06"E 30.00' L2 S54'43'30"E 96.88' L3 S46'38'28" W 10.20' L4 N54'43'30"W 108.33' L5 N88'39'54"E 16.77' L1 P.O.B. -NW CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS7242 1994 IN MONUMENT BOX EXHIBIT -B FIOLKOSKI EXISTING 30' RIGHT-OF-WAY BY USAGE P.O. C. N 1/4 CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS25953 1996 IN MONUMENT BOX S88'39'54"W 1049.39' S88'39'54'"W 2614.56' __ _______ -_____� BASIS OF BEARII\IGr EXISTING 30' RIGHT-OF-WAY ,p.. BY RESOLUTION ��ii► L22 >d L4 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 1,026 sf. OR 0.024 ac.f CITY OF THORNTON RECP.#2063739 PARCEL#070702000046 NW 1/4 .S2-T7N-R66W 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 CITY OF THORNTON WE1,D COUNTY, COLORADO STONECREEK LLC WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 DATE: 9-01-20 SCALE: 1"=50 DRAWN BY: DRH SHEET: 2 of 2 StV 1 S35 -T 8N-R661f. TEMPORARY CO RUCTION EASEMENT ACQUIRED 1026 sf. OR 0.024 ac.± RIGHT OF WAY ACQUIRED 1,491 O. OR 0.€ 34 ac.± 14 .5'2 -7 -7N -R6611' CITY OF THORNTON RECP.#2063739 PARCEL#070702000046 -NTS- {DER-S6-11-,11117 r XISTING 30' 4 SIGHT —OF —WAY cr - BY RESOLUTION! DEED OF PERPETUAL NON-EXCLUSIVE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT - CITY OF THORNTON APPROVED AS ANC ment Head APPROVED AS TO FUNDING: Controller �'�r /DAIL, APPROVED AS TO FORM: S J County Attorney Cheryl Hoffman From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Bob Choate Friday, January 8, 2021 11:30 AM Esther Gesick Bruce Barker; Don Dunker; Erich Green; Tiffane Johnson; Elizabeth Relford; Jay McDonald; Chloe Rempel; Cheryl Hoffman RE: Agenda Items - Easements Follow up Flagged You can send them to me since I've been corresponding directly with Thornton's attorneys on this one. I would anticipate we will record after getting Thornton's signatures. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Esther Gesick <egesick@weldgov.com> Sent: Friday, January 8, 2021 11:28 AM To: Bob Choate <bchoate@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Erich Green <egreen@weldgov.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: Agenda Items - Easements Hi Bob, I saw three Commissioners (MF,SM,SJ) respond in the affirmative, so we'll proceed with getting this prepped for next Wednesday. Following signature, do you want the originals, or should they be routed to someone in PW to obtain Thornton signatures? And, once fully executed, is Thornton recording or are we? Thanks, Esther E. Gesick Clerk to the Board 1150 O Street)P.O. Box 758 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Bob Choate <bchoate@weldgov.com> Sent: Thursday, January 7, 20212:19 PM To: Commissioners <COMMISSIONERS@co.weld.co.us> Cc: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Erich Green <egreen@weldgov.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com> Subject: Agenda Items - Easements Commissioners, I am requesting your permission to put these two easements on your agenda next Wednesday, January 13th. We are acquiring .034 acres of a permanent easement and .024 acres of a temporary construction easement from the City of Thornton for our bridge project on CR 86 just west of Highway 85. The total purchase price is $860.00. We are trying to get this done as soon as possible so that our contractor can start and complete the work by March 31St, which is the date we agreed upon with the ditch owner (Water Supply and Storage Company), so that we don't affect irrigation season. The Thornton City Council will consider this at their January 26th meeting. As always I am happy to answer questions. Thanks, Bob Choate Assistant Weld County Attorney 1150 `O' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello