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Home My WebLink About20200996.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF DEED RESTRICTION DEDICATION FOR COUNTY ROAD 39 EXTENSION PROJECT FOR WETLAND MITIGATION AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Deed Restriction Dedication for the County Road 39 Extension Project for Wetland Mitigation 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 Omaha District of the U.S. Army Corps of Engineers, commencing upon full execution of signatures, with further terms and conditions being as stated in said deed restriction dedication, and WHEREAS, after review, the Board deems it advisable to approve said deed restriction dedication, 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 Restriction Dedication for the County Road 39 Extension Project for Wetland Mitigation 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 Omaha District of the U.S. Army Corps of Engineers, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed restriction dedication. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:dl Mike Freeman, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Boar APPROVED ty Attorney Kevin D. Ross Date of signature: oq/9:./2.Q c c : PW (gG/Dook/cH) 2020-0996 EG0078 MEMORANDUM TO: Esther Gesick, CTB DATE: March 23, 2020 FROM: Erich Green, Project Manager, Public Works / Don Dunker, County Engineer SUBJECT: Army Corps of Engineers Deed Restriction for WCR 39 Extension Project Please place the attached Deed Restriction dedication on the BOCC Agenda. If the BOCC authorizes signature by the Chair, please provide an electronic copy of the signed version back to me. This item was approved by all 5 Commissioners on a pass -around dated March 10, 2020. Dedication of the Deed Restriction is required by the Army Corps of Engineers in order to satisfy the conditions of the 404 (wetland) permit issued on July 25, 2019, which allowed construction of the WCR 39 Extension Project. No Weld County funds are affected by dedication of the Deed Restriction. For more information regarding the Deed Restriction, please refer to the pass -around dated March 10, 2020. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding the Deed Restriction. cc:PWCLG!003 otin f /90 2020-0996 3/� EC-rba7F BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Army Corps of Engineers Deed Restriction for WCR 39 Extension Project DEPARTMENT: Public Works DATE: 3/10/2020 PERSON REQUESTING: Erich Green / Don Dunker Brief description of the problem/issue: Project Background: Construction of the WCR 39 Extension Project north of Town of LaSalle from WCR 50.5 to WCR 52 was completed in November of 2019. An Army Corps of Engineers 404 (wetland) permit and on -site wetland mitigation were required for this project, and wetland plantings were installed on Parcel RW-04 during construction to meet this requirement. As a condition of the wetland permit issuance, Weld County must dedicate a Deed Restriction to accommodate the wetland mitigation on Parcel RW-04 no later than July 25, 2020 (please refer to Special Condition 2 of the attached permit dated July 25, 2019). The Deed Restriction creates a conservancy easement so that the wetland mitigation area cannot be utilized for another purpose. Finalizing the Deed Restriction as a condition of the wetland permit, rather than being required prior to its issuance, allowed project construction to begin and finish in 2019. Purpose of Pass -Around: We are seeking Board of County Commissioners approval to execute and record the attached Deed Restriction. Once executed and recorded, staff will provide a copy of the Deed Restriction to the Army Corps of Engineers and this will satisfy Special Condition 2 of the wetland permit. Staff has coordinated with the County Attorney's Office regarding the Deed Restriction since the time of the wetland permit application and issuance, and the County Attorney's Office has accepted the form of the Deed Restriction as attached. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve execution of the Deed Restriction. • Schedule a work session to further discuss the Deed Restriction. Recommendation: Staff recommends approving execution of this Deed Restriction and allowing it to be placed on the next available BOCC agenda. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Approve Recommendation Schedule Work Session Other/Comments: Deed Restriction COVENANT OF DEDICATION Weld County now stipulates to the following statements of fact, and further agrees to restrict the use and title of the realty described in Attachment 1 to this document (hereinafter referred to as the "Land") in accordance with the terms and conditions set forth herein. STIPULATIONS OF FACT 1. That Weld County is the permittee for Department of the Anny permit number NWO-2019-00683-DEN to place fill material in the wetlands located in unincorporated Weld County near the Town of LaSalle, Colorado; and that the U.S. Army Corps of Engineers has regulatory jurisdiction over the discharge of dredged or fill material into said wetlands pursuant to Section 404 of the Clean Water (33 USC 1344). 2. That Weld County is the owner in fee of the real estate described in Attachment 1. 3. That Weld County and the Omaha District of the U.S. Army Corps of Engineers have reached an agreement whereby Weld County is permitted to discharge fill material in wetlands in accordance with the terms and conditions of Department of the Army permit number NWO-2019-00683-DEN; and that in consideration for said discharge of fill material in the wetland, Weld County will provide mitigation for the adverse environmental effects resulting from the placement of fill material in the wetland by dedicating the realty described in Attachment 1 for perpetual use as a conservancy area in accordance with the terms and conditions of this document and the above -mentioned permit. 4. That the above -mentioned dedication shall consist of the execution of this document by all parties necessary to restrict the use and title of the land; and that this document shall be recorded in the Office of the Register of Deeds for Weld County. 5. As part of the conditions of the permit, the U.S. Army Corps of Engineers will receive a certified copy of this document, as recorded in the office of the County Register of Deeds for Weld County and within the appropriate time frame. 6. That the terms and conditions of this Covenant of Dedication shall, as of the date of execution of this document, bind Weld County to the extent of his legal and/or equitable interest in the land; and that this Covenant shall run with the land and be binding on Weld County and its successors and assigns forever. 7. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of the Land or any part thereof, and that any instrument of transfer, conveyance, or encumbrance affecting all or any part of the Land shall set forth the terms and conditions of this document either by reference to this document or set forth in full text. I 4580981 Pages: 1 of 7 04/07/2020 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kireir MORININII t I+ L#i .I h Bill o2o�-a?96 DEED AND USE RESTRICTIONS Weld County hereby warrants that he is the owner in fee of the realty described in Attachment 1 and that the Land is hereby dedicated in perpetuity for use as a conservancy area. Weld County hereby agrees to restrict the use and title of the Land as follows: 1. There shall be no construction or placement of structures or mobile homes, fences, signs, billboards or other advertising material, or other structures, whether temporary or permanent, on the land. 2. There shall be no filling, draining, excavating, dredging, mining, drilling or removal of topsoil, loam, peat, sand, gravel, rock, minerals or other materials. 3. There shall be no building of roads or paths for vehicular or pedestrian travel or any change in the topography of the land. 4. There shall be no removal, destruction, or cutting of trees or plants; spraying with biocides, insecticides, or pesticides; grazing of animals, farming, tilling of soil, or any other agricultural activity. Management activities are acceptable upon approval from the Corps, 5. There shall be no operation of all -terrain vehicles or any other type of motorized vehicle on the land. 6. This Covenant of Dedication may be changed, modified or revoked only upon written approval of the District Engineer of the Omaha District of the U.S. Army Corps of Engineers. To be effective, such approval must be witnessed, authenticated, and recorded pursuant to the law of the State of Colorado. This Covenant needs to be reviewed by the Corps of Engineers prior to signature to assure compliance with permit conditions. COE representative's initial 7. This Covenant is made in perpetuity such that the present owner and its heirs and assigns forever shall be bound by the terms and conditions set forth herein. 2 4580981 Pages: 2 of 7 04/07/2020 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell KUMrWil#'114 lit' AfORI1' MW�hI 11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of' Colorado, by and through its Board of County Commissioners, hereby accepts said property, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this k..3OT day of ATTEST: deirAt4) JC,uo4 CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: 3 4080981 Pages: 3 of 7 04/07/2020 10:50 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO 11111 2020. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: Mike Freeman, Chair BOARD OF COUNTY COMMISSIONERS MAR 3 0 2020 OF THE COUNTY OF WELD o20,020 - D996, ATTACHMENT 1 EXHIBIT -A PROPERTY DESCRIPTION FIVE PARCELS OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF THOSE DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4528172 AND RECEPTION NO. 4508545, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1W1 COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH 00'49'13" WEST, A DISTANCE OF 2647.36 FEET, TO A WITNESS CORNER FOR THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 14'05'57" EAST, A DISTANCE OF 1608.06 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 52 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 75'26'54" EAST, A DISTANCE OF 17.04 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 64'11'50" EAST, A DISTANCE OF 26.93 FEET, TO A POINT ON THE NORTHERLY LINE OF AN EASEMENT RECORDED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1497035; THENCE ALONG SAID EASEMENT LINE SOUTH 54'33'58" WEST, A DISTANCE OF 52.15 FEET; THENCE DEPARTING SAID EASEMENT LINE NORTH 02'39'41" EAST, A DISTANCE OF 37.72 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 922.31 sf. OR 0.021 ac. MORE OR LESS. COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH 00'49'13" WEST, A DISTANCE OF 2647.36 FEET, TO A WITNESS CORNER FOR THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 14'34'26" EAST, A DISTANCE OF 1546.55 FEET, TO A POINT ON THE SOUTHERLY LINE OF AN EASEMENT RECORDED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1497035, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EASEMENT LINE NORTH 54'33'58" EAST, A DISTANCE OF 71.42 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE WEST; THENCE DEPARTING SAID EASEMENT LINE, AND ALONG THE ARC OF SAID CURVE 89.82 FEET, WHOSE RADIUS IS 120.00 FEET, CENTRAL ANGLE IS 42'53'12" AND WHOSE CHORD BEARS SOUTH 07'54'08" EAST, A DISTANCE OF 87.74 FEET, TO A POINT 15.00 FEET NORTHERLY FROM AND PERPENDICULAR TO AN EXISTING GAS LINE; THENCE PARALLEL TO AND 15.00 FEET PERPENDICULAR FROM SAID EXISTING GAS LINE NORTH 51'38'54" WEST, A DISTANCE OF 57.92 FEET; THENCE CONTINUING PARALLEL TO AND 15.00 FEET PERPENDICULAR FROM SAID EXISTING GAS LI NORTH 68'56'06" WEST, A DISTANCE OF 26.61 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,038.54 sf. OR 0.070 ac. MORE OR LESS. WETLAND PARCELS LASALLE ANNEXATION WELD COUNTY, COLORADO G O WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 39-50.5 TO 52 PROJECT PROJECT NO: GR-48 (SCALE: 1"=100 DATE: 1-13-20 DRAWN BY: DRH SHEET: I of 4 4580981 Pages: 4 of 7 04/07/2020 10:50 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO la; 111111 EXHIBIT -A PROPERTY DESCRIPTION COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH OO'49'13" WEST, A DISTANCE OF 2647.36 FEET, TO A WITNESS CORNER FOR THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 15'11'11" EAST, A DISTANCE OF 1464.46 FEET, TO THE TRUE POINT OF BEGINNING. THENCE NORTH O3'38'44" EAST, A DISTANCE OF 52.27 FEET, TO A POINT 15.00 FEET SOUTHERLY FROM AND PERPENDICULAR TO AN EXISTING GAS LINE; THENCE PARALLEL TO AND 15.00 FEET PERPENDICULAR FROM SAID EXISTING GAS LINE SOUTH 68'56'O6" EAST, A DISTANCE OF 12.85 FEET; THENCE CONTINUING PARALLEL TO AND 15.00 FEET PERPENDICULAR FROM SAID EXISTING GAS LINE SOUTH 51'38'54" EAST, A DISTANCE OF 65.77 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE WEST; THENCE DEPARTING SAID GAS LINE AND ALONG THE ARC OF SAID CURVE 13.80 FEET, WHOSE RADIUS IS 136.00 FEET, CENTRAL ANGLE IS O5'48'55" AND WHOSE CHORD BEARS SOUTH 2O'48'11" WEST, A DISTANCE OF 13.80 FEET, TO A POINT ON THE NORTHERLY LINE OF AN EASEMENT AS RECORDED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4234911; THENCE ALONG SAID EASEMENT LINE NORTH 84'19'25" WEST, A DISTANCE OF 62.30 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,275.86 sf. OR 0.052 ac. MORE OR LESS. W4 COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH OO'49'13" WEST, A DISTANCE OF 2647.36 FEET, TO A WITNESS CORNER FOR THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 15'58'59" EAST, A DISTANCE OF 1365.63 FEET, TO THE TRUE POINT OF BEGINNING. THENCE NORTH O4'31'28" EAST, A DISTANCE OF 70.75 FEET, TO A POINT ON THE SOUTHERLY LINE OF AN EASEMENT AS RECORDED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4234911; THENCE ALONG SAID EASEMENT LINE SOUTH 84'19'25" EAST, A DISTANCE OF 48.69 FEET; THENCE DEPARTING SAID EASEMENT LINE SOUTH 3319'43" WEST, A DISTANCE OF 34.88 FEET; THENCE SOUTH 3O'23'23" WEST, A DISTANCE OF 20.49 FEET; THENCE SOUTH 35'51'29" WEST, A DISTANCE OF 23.92 FEET; (� THENCE NORTH 87'18'5O" WEST, A DISTANCE OF 10.50 FEET, (� TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,103.21 sf. OR 0.048 ac. MORE OR LESS. WETLAND PARCELS LASALLE ANNEXATION WELD COUNTY, COLORADO COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 39-50.5 TO 52 PROJECT PROJECT NO: GR-48 SCALE: 1"=100 DATE: 1-13-20 DRAWN BY: DRH SHEET: 2 of 4 4580981 Pages: 5 of 7 04/07/2020 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� IIPATIr+Ni 144 h kD BIM EXHIBIT -A PROPERTY DESCRIPTION W5 COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH 00'49'13" WEST, A DISTANCE OF 2647.36 FEET, TO A WITNESS CORNER FOR THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 21'30'33" EAST, A DISTANCE OF 1501.29 FEET, TO A POINT ON THE NORTHERLY LINE OF AN EASEMENT AS RECORDED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4234911 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EASEMENT LINE NORTH 84'19'25" WEST, A DISTANCE OF 11.64 FEET, TO A POINT 15.00 FEET NORTHERLY FROM AND PERPENDICULAR TO AN EXISTING GAS LINE; THENCE PARALLEL TO AND 15.00 FEET PERPENDICULAR FROM SAID EXISTING GAS LINE NORTH 64'53'37" WEST, A DISTANCE OF 18.35 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE WEST; THENCE DEPARTING SAID GAS LINE, AND ALONG THE ARC OF SAID CURVE 133.86 FEET, WHOSE RADIUS IS 237.37 FEET, CENTRAL ANGLE IS 32'18'37" AND WHOSE CHORD BEARS NORTH 00'07'08" WEST, A DISTANCE OF 132.09 FEET, TO THE POINT OF A REVERSE CURVE WHICH IS CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE 62.50 FEET, WHOSE RADIUS IS 63.14 FEET, CENTRAL ANGLE IS 56'42'53" AND WHOSE CHORD BEARS NORTH 15'30'23" EAST, A DISTANCE OF 59.98 FEET; THENCE SOUTH 13'34'01" EAST, A DISTANCE OF 82.34 FEET, TO THE POINT OF CURVE WHICH IS CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE 120.71 FEET, WHOSE RADIUS IS 204.88 FEET, CENTRAL ANGLE IS 33'45'33" AND WHOSE CHORD BEARS SOUTH 0318'45" WEST, A DISTANCE OF 118.98 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,454.02 sf. OR 0.125 ac. MORE OR LESS. TOTAL SQUARE FEET, 13,793.94 sf. OR 0.317 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 WETLAND PARCELS LASALLE ANNEXATION WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS GOU N TY WCR 39-50.5 TO 52 PROJECT PROJECT NO: GR-48 SCALE: 1"=100 DATE: 1-13-20 DRAWN BY: DRH SHEET: 3 of4 4580981 Pages: 6 of 7 04/07/2020 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII FM WOK FrIelirriikil 1I II1 EXHIBIT -A �`�NORTHWEST 25.00' WITNESS FOUND 2 1/2" LS28285 2016 CORNER t0 THE P CORNER S32-T5N-R65W� DQ•:. ALUMINUM CAP = .�Viii ON A 3/4"REBAR ' - STI-G TROLEUMEXPLORATION & R -0' RIGHT-OF-WAY MANAGEMENT LLC BY USAGE 400' -v ' 44,5 t cc HIGHWAY 85 UNI0111 PACI= IC RAILROAD '., �,,• _ . CURVE TABLE -"AL LA �a 7.36' C# LENGTH RADIUS DELTA CHD B CHD C1 89.82' 120.00' 42'53'12" S07'54'08"E 87.74' ' 5 / C2 13.80' 136.00' 05'48'55" S20'48'11 "W 13.80' I \ CR / / C3 133.86' 237.37' 3218'37" NO0'07'08'W132.09' V� /,/ C4 62.50' 63.14' 56'42'53" N15'30'23"E 59.98' 1 L • / L1 V C4 C5 120.71' 204.88' 33'45'33" S03'18'45"W 118.98' / �� / !'et -.I QI co LL / ! EXISTIN GAS UNE . NO DOCUMENTATION FOUN t I I ! W1—P.O.B. IL4 W1 '5 >" W2—P.O.:. Zk c c I W2 Cl ,�w L20 ROSS 0 0 (n 0 Q CO _,G_ —_H 4i / C)� C3 1497 Tow OF 1EENT 196 / (9 C`6 QIt U. — —, As caRTR _ _20' 1L8 ,a 3W IN._ / �� I W3 c / %� -W3-P.0.8. L11 C2 h W5 C5 5—P.O.B. LINE TABLE --,■� 113 9 8 -- LINE BEARING DISTANCE --- 30' L1 N7526'54"E 17.04' c LW4 L14 - L2 S64'11'50"E 26.93' T12 L3 S54'33'58"W 52.15' W4-P.O.B. L15 CONLIN L4 NO2'39'41 "E 37.72' L16 °CP MIDSTREAM L5 N54'33'58"E 71.42' `�. / 17 RECµ234911 9-08-2016 L6 N51'38'54"W 57.92' VW 1/4 / GO.0 t 30'OPPIPEUNE EASEMENT S32 L7 N68'56'06"W 26.61' -7n -R651/7/ �,9 *°h WETLAND AREA L8 NO3'38'44"E 52.27' Q-�G / PARCEL SQUARE FT. ACRES k'C. L9 S68'56'06"E 12.85' W1 922.31 0.021 / 3g L10 S51'38'54"E 65.77' W2 3038.54 0.070 L11 N8419'25"W 62.30' W3 2275.86 0.052 L12 NO4'31'28"E 70.75' W4 2103.21 0.048 L13 1001EAR �°' S84'19'25"E 48.69' (ROXIMATEILOCATION) W5 5454.02 0.125 L14 S33'19'43"W 34.88' 1 L15 S30'23'23"W 20.49' L16 S35'51'29"W 23.92' 1 TIE FROM WEST 1/4 CORNER TO POINT OF BEGINNING L17 N87'18'50"W 10.50' ) TIE W 1/4 CORNER TO P.O.B. W1 N14'05'57"E 1608.06' L18 N84'19'25"W 11.64' TIE W 1/4 CORNER TO P.O.B. W2 N14'34'26"E 1546.55' L19 N64'53'37"W 18.35' / TIE W 1/4 CORNER TO P.O.B. W3 N15'11'11"E 1464.46' L20 S13'34'01 "E 82.34' I TIE W 1/4 CORNER TO P.O.B. W4 N15'58'59"E 1365.63' / TIE W 1 4 CORNER TO P.O.B. W5 N21'30'33"E 1501.29' DINT OF COMMENCEMENT WEST 1/4 CORNER S32-T5N-R65111 MOONUMENTED LAND SURVEY OR THIS EXHIBIT MAP DOES NOT REPRESENT A / FOUND 3 1/4" ALUMINUM CAP ' IT IS INTENDED TO ILLUSTRATE THE ND SURVEY PLAT. ATTACHED • LS22098 1994 ON A 3/4"REBAR PROPERTY DESCRIPTION ONLY. WETLAND PARCELS 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS ►' ry_ �``' ' i�1,1. WCR 39-50.5 TO 52 PROJECT LASALLE ANNEXATION WELD COUNTY, COLORADO PROJECT NO: GR-48 SCALE: 1"=I00 , GO U N T Y DATE: 1-13-20 DRAWN BY: DRH SHEET: 4 of 4 - 4580981 Pages: 7 of 7 04/07/2020 10:50 AM R Fe.:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO v., 6 : 444, 1' .r A. , 17. d F SEA) y' : 7511,40,9, •444its '44 EWCR 39 w�g I�•::-0s :m5 • SW 1/4 SEC. 32 T5N, R65W '.rt L Pr iER,:ii c PART._ 01 r C tip 4reL9_r6 01 .4, i m M r�_�'• 313 w " y` v\ ' r E0. RlThT-iSr-Y!A"1--.,, 1 E1 N44. K /i C ' 1 . cu. Ci '1134 laa `DM .l Crr S Cn G s r, 2 i O -4 4. �. •`\ �.�- ~.\ • .•• n -.•,gyp > •t. •PARCEL ,t �`- �� --�-„yc'�.awy3.......r,r 144 NE 1/4 SEC. 31 7311, R65W ♦M' ! 1... .'• r• FAlr �n/,kl• ' f •- 3 r -at • r LEGEND + SEC RCN CORNEA • MILANO PROPERTT PiN UThRY POLE t I EWS:AG alwecraG STROCTURE ASPHALT PAVED MIA • CONOt 4 PA1k'J ABTA CRA1€L/Mr ROAD PROPOSED FaCNT-OF-flAt PePDPO'ED BCE CF PM UENV PAQ"OSED TORPCRART EASENFAT SAAR, AelTA.. ED' Cr pEAMOOS EflM iCNI'AIENTAI- T*GN WATER Da so C _ cc 14 Sr A -44 - "ter•-=Ilara � \ 1 PARCEL 02 4 ..C NW 1/4 SEC. 32 T51/, R65W SECTWN LINE MST= F4Qt1-0E-WAY UN% MPS 1Y 001RIDA%Y E7RS' OiC EASE VET4T Rate TTtAQ(3 CE>, M WA' Firs_£ o-- OY&et201.. FENCE DASD CO.II C.CATOsS tPVE CURED GAS LN-r OY{'WO LEE DOC LAC SHAM? LOWER L%C STORM SEWER U4WE t f I I - PAR i. JY us retfle t`EiT WsttieV. Air J!# xE=r5N 1! .rShi NS, am. NI triCON PAWN: RIGHT -or -*Ay it .* PEE ND`S 1803% EI37', & 3305728 y.ayFL+,p( its- tiftt-X3Y rga1i: �En!c1 aoY^M . rri 'i 1 jam" % CI Feuer • • Foci. Plce-01 s L J 1. }\ 1, 1 1 1 1 1t Ti PARCEL OS IC 1 \\7 asi a Farnsworth 1t :GS -L4 £34.7477 Y:.:f.•mei . AATE. RE-BCPAPTCON DATE: OESIC3NE0: DRAWN REVIEWED' HEW BOOK NO 412212019 CCP JPE PROPOSED RIGHT-OF-WAY EXHIBIT k'tt. ._ OF 1 PROJECT NO.: 0181479.00 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 July 25, 2019 SUBJECT: Nationwide Permit Verification — Corps File No. NWO-2019-00683-DEN, Weld County Road 39 Extension Project, Weld County, Colorado Don Dunker Weld County P.O. Box 759 Greeley, Colorado 80632 Dear Mr. Dunker: This letter is in reference to the proposed project located at an approximate latitude of 40.3 5 8478 and longitude of -104.695821, in Weld County, Colorado. The work as described in your submittal consists of the extension of Weld County Road (WCR) 39 between WCR 50.5 and WCR 52. The work includes the construction of an approximate 1,600 linear feet asphalt road, and installation of three culverts with concrete apron and rip rap in Lower Latham Drain ditch. This project will permanently impact 0.283 acre of wetlands and 0.16 acre of Lower Latham Drain ditch. The project plans are detailed in the enclosed figures. Based on the information provided, this office has determined that the work is authorized by Department of the Army Nationwide Permit (NWP) 14 -- Linear Transportation Projects, found in the January 6, 2017, Federal Register. Enclosed is a fact sheet, which fully describes this Nationwide Permit and lists the General Conditions, and Colorado Regional Conditions, which must be adhered to for this authorization to remain valid. In addition, the following Special Conditions must be followed: Special Conditions 1. Permittee's long term management plan shall be reviewed and approved by the Corps prior to the discharge of any dredged or fill material into Waters of the U.S. 2. Permittee shall provide a deed restriction for the mitigation site within one year of the permit issuance date. 3. In order for this Nationwide Permit verification to be valid, 0.283 acre of wetlands shall be created on -site and in -kind (a ratio of 1:1) as compensation for wetlands permanently lost due to project construction. -2- 4. The created wetlands will be considered successful and self-sustaining when the following conditions have been met without intervention in the four of irrigation, removal of undesirable vegetation or replanting of desirable vegetation for at least three of a five consecutive year period, or as determined by the Corps of Engineers: a. At least 80 % (determined by ocular estimate of herbaceous foliar cover) of the mitigation site is vegetated, with at least 50% of the total number of dominant species present -Will consist of species rated as facultative or wetter. b. Those species shown on the Colorado Noxious Weed Inventory list -A shall be 100% eradicated. Those species shown on list -B shall be no more than 10% or less of the total cover in the mitigation area. The lists can be found at hops://www.colorado. gov/pacific/agconservation/noxious-weed-species. 5. A mitigation monitoring report documenting growing season conditions shall be sent to the Denver Regulatory Office prior to December 31st of each year, for a period of at least five years, or until the Corps of Engineers determines that the 0.283 acre of wetlands has successfully developed. 6. The peinlittee agrees to verify that the mitigation site has the appropriate hydrology to ensure success of wetland creation and/or enhancement. This verification will be reported in the first annual monitoring report submitted after construction of the mitigation site and can be done with photographs, moisture probe data, ground water monitoring stations or other techniques approved by the Corps. If site conditions indicate that adequate hydrology is not present, the permittee agrees that remedial efforts will be undertaken after consultation with the Corps. Annual reports shall be formatted per the attached Annual Mitigation Monitoring Report Formatting Requirements. If the authorized work has not yet started, please state so in the annual mitigation monitoring report. If, at any time during the first two years after initial implementation of mitigation, site conditions indicate that the success criteria are not likely to be achieved, the peiniittee agrees that remedial efforts will be undertaken after consultation with the Corps of Engineers. In addition to on -site remedial efforts, if the Corps detetutines that additional on -site efforts are unsuccessful, remedial efforts may include new mitigation plans and sites, the purchase of credits from a mitigation bank or participation in an in -lieu fee program. -3 - Although an Individual Department of the Army permit will not be required for this work, this does not eliminate the requirement that any other applicable federal, state, tribal or local permits be obtained as required. Please be advised that deviations from the original plans and specifications of this project could require additional authorization from this office. The applicant is responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by the nationwide permit on behalf of the applicant, it is strongly recommended that they be provided a copy of this letter and the enclosed conditions so that they are aware of the limitations of the applicable nationwide permit. Any activity which fails to comply with all the terms and conditions of the nationwide permit will be considered unauthorized and subject to appropriate enforcement action. This verification will be valid until March 18, 2022. In compliance with General Condition 30, the enclosed "Certification of Completed Work" form (blue) must be signed and returned to this office upon completion of the authorized work and any required mitigation. If there are any questions please feel free to contact Celena Cui at (303) 979-4120 or by e-mail at Celena.H.Cui@usace.army.mil, and reference Corps File No. NWO-2019-00683-DEN. Kiel Downing Chief, Denver Regulatory Office Enclosure(s) cc: U.S. Fish and Wildlife Service Colorado Department of Public Health and Environment Environmental Protection Agency Colorado Parks and Wildlife Darcy Tiglas, 5015 Swainsona Drive, Loveland, Colorado 80537 Contract Form New Contract Request Entity Information Ent! t e* Entt Dt ARMY CORPS OF ENGINEERS @00042410-4 Contract Name* DEED RESTRICTION FOR WETLAND D :1 iTIGA.TION AREAS Contract Status CTB REVIEW Contract I Contract Lead lc E* REEK Contract Lead Email egreeneco_itteld.co.us s New Entity_ Parent Contract ID 3 664 .Requires Board Approval -',r.-, C cJ Department Project ct Contract Description* DEED RESTRICTION FOR WETLAND MITIGATION AREAS \NCR 39 EXTENSION PROJECT PARCEL 04 Contract Description 2 Contract Te . Amount" mrt Renewable Automatic Renewal NO Grant NO GA De par !silent PUB] IC WORKS De erat Email C 1- blic rks.(dmeidgov_ oran Department Head Email CM-Pu licWorks- faeptHe d©nneldgov. coign County :t r ey BOB CHCIATE County Attorney Email BCHOATEt , O. ELD. O. Requested ROCC Agenda Late 03/30/2020 Due Date .-ft �.^at tr r .-. r •1 a t 3, E _. t 1 1 3 o 1 Will a work lesson with ROC C be required? .H NO Does Contract require No LN lasing Dept. to be included? ` if this is a renewal enter previous Contract ID if this is pan of a MMSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement ent Number should be left blank if those contracts are not in OnBase ntract Dates E ve Date Termination •ofwe Period Review Date .k 06/01/2020 CommittedDelivery Da't. Renewal Date Expiration Date A- 07/3112020 Contact . information Contact Info Contact Name Contact Type. Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head ,JA.Y MCDONALD DH Approved Date 03/25/2020 Final Approval ROCC Approved ROCC Signed Date ROCC Agenda Date Originator EGREEN Finance Approver BARB CONNOLLY Purchasing Approved Date Finance Approved Date 03126/2020 Tyler Ref # Legal Counsel BOB CHOATE Legal Counsel Approved Date 03/26)2020 Submit Hello