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Home My WebLink About20203067.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS TO COUNTY ROAD 104 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - JERRY AND TAMMY ELLEY 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 for the Purchase of Certain Property for Public Road Improvements to County Road 104 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 Jerry and Tammy Elley, 13689 County Road 104, Nunn, Colorado 80648, 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 Agreement for the Purchase of Certain Property for Public Road Improvements to County Road 104 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 Jerry and Tammy Elley, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dates ,,k;ok. Weld County Clerk to the Board BY: Deputy Clerk to t ROV - AS County A :rney Date of signature: IO/I'f/a0 Mike Freeman, Chair teve .reno, P .-Tem S •tt ' . James arbara Kirkm Kevin D. Ross cc : R../4rs/ER/cH) A cr(ac/cD) if /o4i /2-0 2020-3067 EG0078 MEMORANDUM TO: Clerk to the Board DATE: Sep. 29, 2020 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of an Agreement for Purchase of Certain Property for Public Road Improvements CONTRACT ID: #4146 RE: CR 104 Cul-De-Sac due to RR closure Acceptance of an Agreement for Purchase of Certain Property for Public Road Improvements Between Jerry and Tammy Elley and Weld County, Colorado. cc•.pw(r3) 10/28120 2020-3067 �C�CO78 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JERRY AND TAMMY ELLEY AND WELD COUNTY, COLORADO ��- THIS AGREEMENT is made this �day of , 2020, by and between JERRY A. AND TAMMY S. ELLEY, whose address is 13689 Weld County Road 104, Nunn, Colorado, 80648, 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), hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to construct an adequate turnaround where WCR 104 terminates at the Union Pacific Railroad Right of Way, 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 — Right of Way - Description, Depiction, and Form of ROW. II. COMPENSATION: PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Two Thousand Six Hundred and Sixty and 00/100 Dollars, ($2,660.00) ("Total Compensation"). a. Owner agrees to sell, and County agrees to purchase at Closing the Public Road Right -of -Way described and depicted on Exhibit A for the sum of Two Thousand Six Hundred and Sixty and 00/100 Dollars, ($2,660.00). 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 Page 1 of 4 4641304 Pages: 1 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 NUM NoliNNI:16IF II 11111 a.046- ALT Page 2 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLEY AND WELD COUNTY, COLORADO as provided in Exhibit -A. 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; or, if the Right -of -Way is financially encumbered, within 30 days from the date the title company closing the transaction on behalf of the County receives a partial release(s) of, or binding commitment from the lienholders/lenders to issue partial release(s) of, financial encumbrances affecting the Right -of -Way. The Deed of Dedication shall not be valid until accepted and approved by the Board of County Commissioners. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. 4. Owner has entered into this Agreement only because the County has the power of eminent domain and requires the property for public purposes. IV. IV. 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, 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. 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 the Deed of Dedication. V. 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 be binding upon the Owner upon the date of signature by the Owner. This Agreement shall be binding upon the County upon approval by the Board of County Commissioners of Weld County, Colorado or its designee. Page 2 of 4 4641304 Pages: 2 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 kilivign IL Ulan +i IYrrh 11111 Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLEY AND WELD COUNTY, COLORADO 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 that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7. 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. Page 3 of 4 4641304 Pages: 3 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLEY AND WELD COUNTY, COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Tammy S. Elley ATTEST: W, ..%eV Jel" BOARD OF COUNTY COMMISSIONERS Weld . u ty Clerk to the B BY: Deputy C WELD COUNTY, COLORADO e Freeman, Chair Page 4 of 4 4641304 Pages: 4 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III OCT 12 2020 O 20 6 7 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT D OF RECORDED EXEMPTION NO. 0455-17-4 RE -4190 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3351124 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 89'40'53" WEST, A DISTANCE OF 2609.29 FEET, TO THE SOUTH ONE -QUARTER CORNER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER SOUTH 89'40'53" WEST, A DISTANCE OF 724.74 FEET, TO A POINT ON THE WESTERLY PROPERTY LINE ON THE UNION PACIFIC RAIL ROAD; THENCE ALONG SAID WESTERLY LINE NORTH 17'17'06" WEST, A DISTANCE OF 31.37 FEET, TO A NUMBER 4 REBAR WITH A RED CAP STAMPED LS 30462 AND BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 104 AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 118394, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID WESTERLY LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY SOUTH 89'40'53" WEST, A DISTANCE OF 220.63 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 71'01'07" EAST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89'40'53" EAST, A DISTANCE OF 90.00 FEET, TO A POINT ON THE WESTERLY PROPERTY UNE OF THE UNION PACIFIC RAIL ROAD; THENCE ALONG SAID WESTERLY LINE SOUTH 17'17'06" EAST, A DISTANCE OF 41.82 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,211.56 sf. OR 0.14 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 ELLEY WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 104 CUL-DE-SAC PROJECT PROJECT NO: B[L-76 SCALE: DATE: 5-22-20 DRAWN BY: DRH SHEET: 1 of 2 4641304 Pages: 5 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT -A JERRY A. & TAMMY S. ELLEY RECP.#4099777 PARCEL#045517400004 LOT -D RE -4190 RECP. #3351124 EXISTING 60.00' ROW MARCH 30. 1907 REC#118394 RD100/511-', SE 1/4 S17-T9N-R66W RIGHT—OF—WAY ACQUIRED 6,211.56 sf. OR 0.14 ac.± LINE TABLE LINE BEARING DISTANCE L1 N17'17'06"W 31.37' L2 S89'40'53"W 220.63' L3 N71'01'07"E 125.00' L4 N89'40'53"E 90.00' L5 S17'17'06"E 41.82' FOUND #4 REBAR L5 w11H RED CAP .v��i��-��-♦ 1s30462 mim ♦��. P.O.B. b ?�_ '53WCR lip L2 \L1 S89'40'53"W 724 74' S89'40"W 2609.29' BASIS OF RI BEANG r S 1/4 CORNER S17-T9N-R66W FOUND 2 1/2" ALUMINUM CAP LS16154 1999 NE 1/4 520-T9N-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. RIGHT OF WAY ACQUISITION ELLEY WELD COUNTY, COLORADO N T Y P.O.C. SE CORNER S17-T9N-R66W FOUND 3 1/4" ALUMINUM CAP LS34579 2014 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 104 CUL-DE-SAC PROJECT PROJECT NO: BIL-76 DATE: 5-22-20 SCALE: I"=100 DRAWN BY: DRH SHEET: 2 oft 4641304 Pages: 6 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII KIM DM AR Lid II II I DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of September 2019, between Jerry A. and Tammy S. Elley, (referred to herein as "Grantor", whether one or more), whose legal address is 13689 Weld County Road 104, Nunn, Colorado, 80648 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: Jerry A. Elley Tammy S. Elley STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2020, by Jerry A. Elley and Tammy S. Elley. Witness my hand and official seal. Notary Public 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 , 2019. 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). 4641304 Pages: 7 of 7 10/16/2020 01:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �111INFJPIE ON1 115UM1101 Contract Form New Contract Request Entity Information Entity Name* ELLEY, JERRY Entity ID* X00036641 Contract Name* AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JERRY AND TAMMY ELLEY AND WELD COUNTY, COLORADO Contract Status CTB REVIEW New Entity? Contract ID 4146 Contract Lead* TVJOHNSON Contract Lead Email tviohnsonkg)co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description * AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVMENTS BETWEEN JERRY AND TAMMY ELLEY AND WELD COUNTY, COLORADO. Contract Description 2 CONSTRUCTION OF CUL DE SAC DUE TO RR CLOSURE. Contract Type AGREEMENT Amount* S2,660.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks? weldgov.corn Department Head Email CM-PublicWorks- DeptHeadCWeldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY'WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date". 10/05:2020 Due Date 10;01'2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 10,05:2020 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 10/0512020 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone t Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 10;'0712020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10:12;2020 Originator TYJOHNSON Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 10;0812020 10:0812020 Tyler Ref It AG 101220 MEMORANDUM TO: Clerk to the Board DATE: December 17, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda -Acceptance of Deed Of Dedication CONTRACT ID: #4146 DOCKET #2020-3067 RE: CR 104 Cul-De-Sac due to RR closure Acceptance of an Agreement for Purchase of Certain Property for Public Road Improvements Between Jerry and Tammy Elley and Weld County, Colorado. co(Ase.rk Ptc)^ d" 17,112�21 oc. pa) (-is) /As2.2- 02-i ►0010..1 zozo 30k0-1 eel OO1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this"day of October 2020, between Jerry A. and Tammy S. Elley, (referred to herein as "Grantor", whether one or more), whose legal address is 13689 Weld County Road 104, Nunn, Colorado, 80648 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. 2 U f o� a •3a B _ I- �LL 0 °Cz •a..; a ,,,. f_ L NMV N rN o 0) = . (, STATE OF COLORADO Tammy S. Elley COUNTY OF WELD ) The foregoing instrument was acknowledged before me this by Jerry A. Elley and Tammy S. Elley. Witness my hand and official seal. No ry Pubhe gck.A,tt,f- 2'1 day of , 2020, EPTANCE 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 V' ay of t ec-ef1b V , 2024. ATTEST: C�f ►. rl ;11 Weld you ty Clerk to the By BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO *No Deed of Dedication is valid u ,Y �.: �t $ he %+ '�of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 02a -(52',7 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT D OF RECORDED EXEMPTION NO. 0455-17-4 RE -4190 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3351124 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 89'40'53" WEST, A DISTANCE OF 2609.29 FEET, TO THE SOUTH ONE -QUARTER CORNER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER SOUTH 89'40'53" WEST, A DISTANCE OF 724.74 FEET, TO A POINT ON THE WESTERLY PROPERTY LINE ON THE UNION PACIFIC RAIL ROAD; THENCE ALONG SAID WESTERLY LINE NORTH 17'17'06" WEST, A DISTANCE OF 31.37 FEET, TO A NUMBER 4 REBAR WITH A RED CAP STAMPED LS 30462 AND BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 104 AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 118394, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID WESTERLY LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY SOUTH 89'40'53" WEST, A DISTANCE OF 220.63 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 71'01'07" EAST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89'40'53" EAST, A DISTANCE OF 90.00 FEET, TO A POINT ON THE WESTERLY PROPERTY LINE OF THE UNION PACIFIC RAIL ROAD; THENCE ALONG SAID WESTERLY LINE SOUTH 1717'06" EAST, A DISTANCE OF 41.82 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,211.56 sf. OR 0.14 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 ELLEY WELD COUNTY, COLORADO 4791634 Pages: 2 of 3 01/05/2022 01:11 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII NUM NIVICKEIR II WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 104 CUL-DE-SAC PROJECT PROJECT NO: BIL-76 SCALE: DATE: 5-22-20 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A JERRY A. & TAMMY S. ELLEY RECP.#4099777 PARCEL#0455 17400004 LOT -D RE -4190 RECP. #3351124 EXISTING 60.00' ROW MARCH 30, 1907 REC#118394 R0100/511-1 SE 1/4 S17-T9N-R66W RIGHT—OF—WAY ACQUIRED 6,211.56 sf. OR 0.14 ac.± WCR 104 L2 LINE TABLE LINE BEARING DISTANCE L1 N17'17'O6"W 31.37' L2 S89'4O'53"W 220.63' L3 N71 'O1'O7"E 125.00' L4 N89'4O'53"E 90.00' L5 S17'17'O6"E 41.82' FOUND #4 REBAR L5 WITH RED CAP LS30462 S89'4O'53"W 2609.29' BASIS OF BEARING r S 1/4 CORNER S17-T9N-R66W FOUND 2 1/2" ALUMINUM CAP LS16154 1999 NE 1/4 S20-T9N-R66W KERZIC 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. RIGHT OF WAY ACQUISITION ELLEY WELD COUNTY, COLORADO 4791634 Pages: 3 of 3 01/05/2022 01:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ..NTY SE CORNER S17-T9N-R66W FOUND 3 1/4" ALUMINUM CAP LS34579 2014 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 104 CUL-DE-SAC PROJECT PROJECT NO: B[L-76 SCALE: 1"=100 DATE: 5-22-20 DRAWN BY: DRH SHEET: 2 oft Hello