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Home My WebLink About20191457.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JANICE BALLINGER AND WILLIAM BALLINGER 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, Permanent Easement and Temporary Construction Easement for Certain Improvements to Intersection at County Roads 34 and 13 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 Janice Ballinger, 3080 Leatherwood Ford Road Jamestown, TN 38556, and William Ballinger, 1817 Faith Place, Longmont, CO 80501, with 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, Permanent Easement and Temporary Construction Easement for Certain Improvements to Intersection at County Roads 34 and 13 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 Janice Ballinger and William Ballinger, 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'.PW CT3I6RIcA, Ac -T (GC-IcO) L1I2q/►q Co/3/19 2019-1457 EG0076 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13 — JANICE BALLINGER AND WILLIAM BALLINGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2019. ATTEST: datiu,N) Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO .71A1A-4A1L— Barbara Kirkmeye , Chair / Date of signature: 1-F25-19 Steve Moreno c_D 2019-1457 E00076 /DZ57)-- MEMORANDUM TO: Clerk to the Board DATE: April 9, 2019 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Agreement for Purchase of Purchase of Property for Public Road Improvements RE: Janice May Ballinger and William B. Ballinger- Weld County Road 34 and 13 Improvement Project Please accept this Agreement for Purchase of Certain Property for Public Road Improvements Between Janice May Ballinger and William B. Ballinger and Weld County for necessary improvements to the CR 34/13 Intersection. 2019-1457 aGool AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JANICE MAY BALLINGER, WILLIAM B. BALLINGER AND WELD COUNTY, COLORADO rkt THIS AGREEMENT is made this day of , 2019, by and between Janice May Ballinger, whose address is 3080 Leatherwood Ford ad Jamestown, TN 38556, William B. Ballinger Jr., whose address is 1817 Faith Place, Longmont, CO 80501, hereinafter collectively referred to as "Owner" and the 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 ("Permanent Easement" or PE), and property described in the attached Exhibit C ("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 Weld County Road 13 and Weld County Road 34, which will include widening the roadway for the addition of turn lands and replacement of two bridges with a concrete box culvert (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: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. =a- 0 U mit o O U 03 10 • c..1 • w4 O N - LL o-� v -e a wan,`� rums Ilm QNvI� - a— ▪ . N o N "« NN>.� tt� C- Cr00 Exhibit A — Description, Depiction, and Form of ROW. Exhibit B — Description, Depiction, and Form of PE. Exhibit C — Description, Depiction, and Form of TCE. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Thirty -Four Thousand One Hundred Nineteen Dollars, ($34,119.00). a. Owner agrees to sell, and County agrees to purchase at closing the Public Road Right -of -Way described and depicted on Exhibit A for the sum of Twenty - Three Thousand Two Hundred Five Dollars, ($23,205.00). b. Owner agrees to convey at closing a Permanent Easement described on Exhibit 4482180 Pages: 1 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes Clerk and =r=Weld County, CO �II�� Jll�.�yi �I I 11 1 11 11 � LLiI 01o/9-/ % Page 2 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JANICE MAY BALLINGER, WILLIAM B. BALLINGER AND WELD COUNTY, COLORADO B for the sum of One Thousand Three Hundred Seventy -One Dollars, ($1,371.00). c. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit C for the sum of One Thousand Six Hundred Sixty -Nine Dollars, ($1,669.00). 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. III. PUBLIC ROAD RIGHTS) -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. 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. PERMANENT EASEMENT(S) 1. Owner agrees to grant the Permanent Easement to the Grantee described in, and in a form substantially similar to, the attached Exhibit B, subject to the terms contained therein. 2. Owner shall deliver the fully executed Permanent Easement to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. V. 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 C. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. 4492241 Pages: 2 of 26 05/28/2019 11:29 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ,III MIld�L'i"�I�'�ii�1�� IeI�'I II':I iv:hion:rill I � ii�'ri1 11111 4482180 Pages: 2 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I I Page 3 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JANICE MAY BALLINGER, WILLIAM B. BALLINGER AND WELD COUNTY, COLORADO VI. 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, the Permanent Easement 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 and the Permanent Easement. 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, Permanent Easement and Temporary Construction Easement. 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, the Temporary Construction Easement, and/or the Deed of Dedication. VII. 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 4482180 Pages: 3 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ii■ ■iu I✓I-RTIJ■ III ■ 111la _ Il I _ IUILIL_ _ I. 4492241 Pages: 3 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County. CO I'1'i1 II II Page 4 of 5 AGREEMENT FOR THE PURCHASE or CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JANICE MAY BALLINGER, WILLIAM B. BALLINGER AND WELD COUNTY, COLORADO 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. 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. VIII. ADDITIONAL RESPONSIBILITIES: 1. Owner agrees to have all personal property to be salvaged by landowner removed and or relocated outside of the areas described in Exhibits A, B and C to allow the County to commence construction of the project by April 1, 2019. 4492241 Pages: 4 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder; Weld County. CO III II 4482180 Pages: 4 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk a order, Weld County, CO Page 5 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JANICE MAY BALLINGER, WILLIAM B. BALLINGER AND WELD COUNTY, COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: �611 de /� jh/��•l� l By: ATTEST: .,6Cif4A) JC o; ok Weld Clerk to the : 'ard BY: 4492241 Pages: 5 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder. Weld County CO 4482180 Pages: 5 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Title: BOARD OF COUNTY COMMISSIONERS WE,J.D COUNTY, COLORADO arbara Kirkmeyer,IChair, APR T52019 o2oi9- 7 5 `.ii %I Fi:'W IIII- t RI.AIN` Id'I K I nK Pt lil It ti.v,\'i l`.11'Ru\f `II E YFf `, : NW IS VI I IAt,l'.R. ( 14�I ft li tI E �A ,l K L.;) ( (,1 UK \(X1 IN WI LNESS WHEREOF, the parties have set their hands on the da\ and year first above written, c)\1'NER: By: ff."- (1-4- A t hST: W,41fr- J v• ;&e. Weld • n ty Clerk to the card WELD (A)1.' N TY, COLORADO Title: BY: Deputy Cle to the L3 4492241 Pages: 6 of 26 05/28/2019 11:29 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County. CO 'rrAO, V, 11111 4482180 Pages: 6 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ lfir?Pt !J II ' I ,' I HOARD OF COUNTY COMMISSIONERS idrhara Kiritnleve'. ("hair PR 15 2519 020/9-7 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION RW-7, RW-7A, RW-7B RW-7 A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING NORTH 87'03'25" WEST, A DISTANCE OF 2527.61 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'22'36" EAST A DISTANCE OF 30.05 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AND BEING THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00'22'36" EAST A DISTANCE OF 50.08; THENCE DEPARTING SAID EAST LINE NORTH 87'03'25" WEST A DISTANCE OF 1763.62 FEET TO A POINT ON THE EASTERLY LINE OF THE BASS RESERVOIR, DESCRIBED IN THAT DEED FILED UNDER RECEPTION NO. 199995; ALONG SAID EASTERLY LINE THE FOLLOWING TWO COURSES; THENCE NORTH 43'03'25" WEST A DISTANCE OF 58.20 FEET; THENCE NORTH 09'33'25" WEST A DISTANCE OF 9.80 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 34; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 87'03'25" EAST A DISTANCE OF 1804.71 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 89,358.35 sf. OR 2.05 ac. MORE OR LESS. CONTINUED.... 4492241 Pages: 7 of 26 05/28/2019 11:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO II I 4482180 Pages: 7 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-78 BALLINGER WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: JATE:10-11-18 DRAWN BY: JI-IB SHEET: 1 of4 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION RW-7, RW-7A, RW-7B RW-7A A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 87'03'25" EAST A DISTANCE OF 31.74 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 02'56'35" WEST A DISTANCE OF 30.00 FEET TO A POINT THAT INTERSECTS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AND THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EXISTING SOUTH RIGHT-OF-WAY LINE SOUTH 87'03'25" EAST A DISTANCE OF 256.49 FEET TO A POINT ON THE NORTHWESTERLY LINE OF BASS RESERVOIR, AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID NORTHWESTERLY LINE THE FOLLOWING TWO COURSES; THENCE SOUTH 24'21'35" WEST A DISTANCE OF 12.52 FEET; THENCE SOUTH 55'16'35" WEST A DISTANCE OF 62.74 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE NORTH 87'03'25" WEST A DISTANCE OF 81.09 FEET; THENCE SOUTH 60'00'00" WEST A DISTANCE OF 78.48 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 106.44 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT -A OF SAID RE -1311; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 43'20'41" WEST A DISTANCE OF 73.23 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE DEPARTING SAID NORTHEASTERLY LINE AND ALONG SAID EAST LINE NORTH 00'17'08" WEST A DISTANCE OF 148.57 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 19,247.27 sf. OR 0.44 ac. MORE OR LESS. CONTINUED.... RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-7B BALLINGER WELD COUN"[Y, COLORADO 4482180 Pages: 8 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: L4492241 Pages: 8 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County, CO Ell EXHIBIT -A RIGHT-OF-WAY DESCRIPTION RW-7, RW-7A, RW-7B RW-7B A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO, 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET FROM THE NORTHWEST CORNER, DESCRIBED AS SHOWN, TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER NORTH 00'17'08" WEST A DISTANCE OF 82.56 FEET TO THE SOUTHWEST CORNER OF LOT -B OF SAID RE -1311; THENCE ALONG THE SOUTHERLY LINE OF LOT -B OF SAID RE -1311 SOUTH 88'06'45" EAST A DISTANCE OF 30.02 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE NORTH 00'17'08" WEST A DISTANCE OF 1794.34 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT -A OF SAID RE -1311; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG SAID SOUTHERLY LINE NORTH 89'24'27" EAST A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE SOUTH 00'17'08" EAST A DISTANCE OF 550.29 FEET; THENCE SOUTH 89'42'52" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 1245.02 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT -B OF SAID RE -1311; THENCE ALONG SAID SOUTHERLY LINE NORTH 88'06'45" WEST A DISTANCE OF 20.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 46,899.10 sf. OR 1.08 ac. MORE OR LESS, FOR A COMBINED TOTAL AREA OF RW-7, RW-7A AND RW-7B CONTAINING 155.504.72 sf. OR 3.57 ac. MORE OR LESS. THE ABOVE DESCRIPTION(S) WERE PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 4492241 Pages: 9 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Pecorder, Weld County.. CO f':I ill iff i.11010 I RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-7B BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 9 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■VIII ■••-- - - WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-11-18 DRAWN BY: JHB SHEET: 3 of4 EXHIBIT -A POC RW_ NW COR. S18—T3N—R67W 2" ALUM. CAP ON #6 RBR. - _ ILLEG. IN MON. BOX ----_144 L5 -i-1 Sa\ L8 RW-7A PROPOSED ROW 19,247.27 sf. 0.44 ac.± TPOB V1 -7A CARMICHAEL g, LOT -A RE -1311 O 74. N 89'24'27" E I w I 1 40.00' III. —PL--I CC a:1 o I 00 L Li _PL WALACE IA w 40' O In RW-78 PROPOSED ROW 46,899.10 sf.± 1.08 ac.± S 89'42'52" W 20.00' • RIGHT OF WAY ACQUISITION O ai In 20' TPOB RW-7B N 88'06'45" W 20.01' x EA, ELLIOTT FAMILY FARM REC# 199995 NEW DAY - SUNRISE RW-7 PROPOSED ROW 89,358.35 sf. 2.05 ac.± 60' ROW OCT. 7, 1878 RD-BK 2, PG 225 RD100/86 N 1/4 COR. S18-T3N-R67W 2 1/2" ALUM. CAP ON #6 RBR. STAMPED LS#30462 (2000) IN MON. BOX N 87'03'25" W 1763.62 50'- POC RW-7 TPOB NW 1/4 818-T3,V-R67W JANICE MAE & WILLIAM B. BALLINGER JR. PARC.# 120918000010 RECP.#3078146 - 3710535 - 3042554 LOT-B/RE-1311 RECP.#2239129 POC RW-7B W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX vL � RW-7, RW-7A, RW-7B BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 10 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO — - - Il1_11>J■■ III.LL..l.I.IIi■u II aii 1 0. RW-7 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 LINE TABLE LINE BEARING DISTANCE L1 S00'22'36"E 30.05' L2 S00'22'36"E 50.08' L3 N43'03'25"W 58,20' L4 N09'33'25"W 9.80' L5 S87'03'25"E 31.74' L6 S02'56'35"W 30.00' L7 S87'03'25"E 256.49' L8 S24'21'35"W 12.52' LINE TABLE LINE BEARING DISTANCE L9 S55'16'35"W 62.74' L10 N87'03'25"W 81.09' L11 S60'00'00"W 78.48' L12 SO0'17'08"E 106.44' L13 N43'20'41"W 73.23' L14 NO0'17'08"W 148.57' L15 NO0'17'08"W 82.56' L16 S88'06'45"E 30.02' 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. Pt. R __COUNT rr rr nnlrc.I Ali l Ofninala11.1 nv- rim Ie",rrr- SCALE: l"=.300 4492241 Pages: 10 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO VIII ��Iw 14I�1�1?! i�Iti�kII�aIWI�N �I �a � NNW, II III DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2019, between Janice May Ballinger, whose address is 3080 Leatherwood Ford Road, Jamestown, TN, 38556, William B. Ballinger Jr., whose address is 1817 Faith Place, Longmont, Co 80501, (referred to herein as "Grantor", 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 "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: GRANTOR: Janice May Ballinger STATE OF COUNTY OF ) ss. William B. Ballinger The foregoing instrument was acknowledged before me this day of , 2019, by 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(I)(a). Dated this day of , 2019. 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). 4482180 Pages: 11 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO -_ lll■_ I 6 4492241 Pages: 11 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO II 1111 XCEL/PUBLIC SERVICE EXHIBIT -B PERMANENT EASEMENT DESCRIPTION PE -7 A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -8 OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING SOUTH 00'17'08" EAST, A DISTANCE OF 2663.20 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 0017'08" EAST A DISTANCE OF 127.38 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'42'52" EAST A DISTANCE OF 80.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 60'00'00" EAST A DISTANCE OF 78.48 FEET; THENCE SOUTH 87'03'25" EAST A DISTANCE OF 81.09 FEET TO A POINT ON THE NORTHWESTERLY UNE OF THE BASS RESERVOIR, DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID NORTHWESTERLY LINE THE FOLLOWING TWO COURSES; THENCE SOUTH 5516'35" WEST A DISTANCE OF 37.28 FEET; THENCE SOUTH 4216'35" WEST A DISTANCE OF 35.21 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE NORTH 87'03'25" WEST A DISTANCE OF 14.50 FEET; THENCE SOUTH 60'00'00" WEST A DISTANCE OF 92.21 FEET; THENCE NORTH 00'17'08" WEST A DISTANCE OF 57.57 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,509.61 sf. OR 0.15 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 PERMANENT EASEMENT ACQUISITION PE -7 BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 12 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ha.IJI•III_ 1_.IL1'i'IIRnLA-11 U.ULL1�L..PJI III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: .��r� •n „ Inlm,A IILI nV. flrolc L,CCT. i _C'1 ■ 4492241 Pages: 12 of 26 05/28/2019 11:29 RM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO 1111 Niro,I I Lii �FJ�I��I� PSG RI�'�ll PiKrNii0 NAN Li III XCEL/PUBLIC SERVICE EXHIBIT -B MN ME SPAHN i I op N N L1 POC NW COR. 518—T3N—R67W 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX NEM PL 0° I ISM i t- ol o a1 N�� CCmo ELLIOTT 10 0 2- ELLIOTT ce ADDITIONAL ROW 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. ONO INN _ _N 87_03'25" W 2527,61'CR 4v -34 TPOB `.b L3 tic MEM MEP PE -7 PROPOSED PE FOR PUBLIC SERV./XCEL 6,509.61 sf.±/0.15 ac.± NW 1/4 S18-T3N-R67W MEI 60' ROW _ OCT. 7, 1878 RD—BK 2, PG 225 RD100 86 ADDITIONAL ROW NMI LINE TABLE LINE BEARING DISTANCE L1 N89'42'52"E 80.00' L2 N60'00'00"E 78.48' L3 S87'03'25"E 81.09' L4 555'16'35"W 37.28' L5 S42'16'35"W 35.21' L6 N87'03'25"W 14.50' L7 S60'00'00"W 92.21' L8 NOO'17'08"W 57.57' JANICE MAE & WILLIAM B. BALLINGER JR. PARC.0120918000010 RECP #3078146 - 3710535 - 3042554 `n LOT-B/RE-1311 RECP./2239129 CARMICHAEL LOT -A RE -1311 W 1/4 COR. S18- T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX PERMANENT EASEMENT ACQUISITION PE -7 BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 13 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, • •11P •ILW ILL. 11.. J IILJ. u ■ II L ILIJJJ Ill I u CO GOu T Y ELLIOTT FAMILY FARM REC# 199995 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"=100 DATE:10-I I -I8 DRAWN BY: JHB SHEET: 2 of 2 4492241 Pages: 13 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO 111III POfaN 1kl Ile r%I! ■ I III After recording, return to: Public Service Company of Colorado 1 123 West Third Avenue Denver, CO 80223 Attn: DIVISION LOCA"LION ROW AGENT DESCRIPTION AUTHOR AUTHOR ADDRESS DOC. NO. PLAT/GRID NO. WO/JO/CREG NO. GAS EASEMENT JANICE MAE BALLINGER AND WILLIAM B. BALLINGER JR. ("Grantor") for good and valuable consideration the receipt and adequacy of which is hereby acknowledged, grants, bargains, sells, conveys and confirms to PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, with an address of 1800 Larimer Street, Denver, CO 80202, Suite 1 100 ( "Grantee" or "Company"), its successors and assigns, a gas easement (the "Easement") more particularly described as follows: A perpetual non-exclusive easement for the transmission or distribution, or both, of gas on, over, under, through and across the following described premises: SEE EXHIBIT B ATTACHED HERETO AND INCORPORATED BY THIS REFERENCE (the "Easement Area"). Together with the full right and authority in Grantee, its successors, licensees, contractors, or assigns, and its and their agents and employees to (1) enter the Easement Area at all times to survey, mark and sign the Easement Area or the Facilities (as defined below); (2) access, construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect, improve, enlarge, and maintain gas pipelines, with necessary and proper valves, manholes, gas meter/regulator stations, guardrails, fences, and other appurtenances and devices used or useful in connection therewith (collectively the "Facilities"); (3) remove objects interfering with the Facilities or the exercise of Grantee's rights hereunder; and (4) use and have reasonable ingress and egress along and across the Easement Area for personnel, equipment and vehicles. Grantor agrees not to perform any act that will impair the structural integrity of, interfere with, or endanger said Facilities. Without limiting the foregoing, Grantor shall not, without the prior written approval of Grantee, alter the existing ground elevations or change the compaction of the soil on the Easement Area. No temporary or permanent buildings, structures (including without limitation trailers or mobile homes), signs, or wells shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other objects shall be erected, placed, or permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the prior written approval of Grantee, build, create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or 4482180 Pages: 14 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld'County, CO uu _UI11 L. I It.Il I�llJ - -r.�u �• L u_u. IL_•L II 4492241 Pages: 14 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO 1111 �1�1��M�f�K �� i��1��IN,�aF��'�NII'� ��I:4,� K�?' INDIA III III temporary, nor allow the impoundment of water on the Easement Area. Any of the improvements or structures described in this paragraph may be hereinafter called "Improvements". No failure by Grantee to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of Grantee to such Improvements. In addition, no such failure by Grantee to remove or otherwise object to such Improvements shall be deemed a waiver of Grantee's right to remove any such Improvements without further notice or compensation to Grantor. No waiver by Grantee of any provision hereof, nor any approval of Grantee required herein, shall be deemed to have been made unless made in writing and signed by an authorized representative of Grantee. Grantor further agrees to contact the Utility Notification Center of Colorado (1-800-922-1987), or any similar one -call utility line locator system which may replace or supplement it, at least four business days (or such longer time if required by applicable law) prior to the commencement of construction or excavation on the Easement Area to arrange for field locating of Facilities. Non-use or a limited use of the Easement Area shall not prevent Grantee from thereafter making use of the Easement Area to the full extent herein authorized. Following completion of construction or renovation of its Facilities on the Easement Area, Grantee shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable, taking into account, among other things, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations on structures, trees, shrubs, and other objects. No amendment, modification or supplement of this Easement shall be binding on Grantee unless made in writing and executed by an authorized representative of Grantee (or its successor or assign, if applicable). The provisions of this Easement shall run with the land and shall be binding on and burden the Easement Area and shall be binding on and shall inure to the benefit of all persons claiming an interest in the Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and Grantee. "Grantor" shall include the singular, plural, feminine, masculine and neuter. Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to sell, transfer, convey and grant the easement and rights contained in this Easement. This grant is binding on Grantor, is not conditioned upon obtaining the consent of any third party, and is not subject to any mortgages or liens, except those for which Grantor has provided Grantee with a consent and subordination agreement, executed by such mortgagee or lienholder and attached hereto. This Easement incorporates all agreements and stipulations between Grantor and Grantee as to the subject matter of this Easement and no prior representations or statements, verbal or written, shall modify, supplement or change the terms of this Easement. The title of this document is inserted for convenience only and does not define or limit the rights granted pursuant to this Easement. This Easement consists of the document entitled "Gas Easement" and an Exhibit containing a legal description and a sketch depicting the legal description if referenced above or PSCo Gas Form 07/17 US 1 13 167294 01 4482180 Pages: 15 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carlyu'Ko_ppess, Clerk and `Recorder, Weld County, NCO INr�l. LlLll1�'wl�,�d'fJ"Q� •'1r�J I_ I attached hereto, and if attached hereto, a Consent addendum, schedule or other attachment (collectively and no Addendum shall be effective and binding upon authorized representative of Grantee. Executed and delivered this GRANTOR: and Subordination. No other exhibit, "Addendum") is authorized by Grantee, Grantee unless separately executed by an day of , 2019. Janice May Ballinger STATE OF COUNTY OF ) ss. The foregoing instrument was acknowledged before me this by : day of . 20 as, a Witness my hand and official seal. My Commission Expires: GRANTOR: William B. Ballinger STATE OF COLORADO ss. COUNTY OFWELD ELD The foregoing instrument was acknowledged before me this by : Notary Public day of , 20 as, a Witness my hand and official seal. My Commission Expires: PSCo Gas Form 07/17 US 113167294.01 4482180 Pages: 16 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, ■I ■iu u 1 u.11 n ' �'tfHr�� 1 e 11 �I CO Notary Public 4492241 Pages: 16 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes.. Clerk and Recorder, Weld County. CO IIII NrIATYipl110�I��,G' rF!:+�kIII Palr'��i��9Y��! I! CONSENT AND SUBORDINATION This Consent and Subordination is executed by , a ("Lender"), for the benefit of Public Service Company of Colorado, a Colorado corporation ("Grantee"). A. Lender is the current beneficiary of, and owner of the evidence of debt secured by, that certain deed of trust or mortgage recorded in the real estate records in the office of the Clerk and Recorder of County, Colorado on at [Book and Page or Reception Number as Applicable] (the "Mortgage"). B. The real property encumbered by the Mortgage includes the Easement Area as described in the foregoing Gas Easement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Lender agrees as follows: Lender consents to the foregoing Gas Easement and agrees and confirms for itself and its successors and assigns that the lien of the Mortgage and other rights and interests of the Lender in the Easement Area are subject and subordinate to the Gas Easement. In the event of a foreclosure of the Mortgage and a sale of the property that is subject to the Mortgage pursuant to such foreclosure, the rights of Grantee acquired by virtue of the Gas Easement shall not be affected thereby. By: Name: Its: STATE OF ) ss COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20 by as of , a corporation. WITNESS my hand and official seal. My Commission expires: 4492241 Pages: 17 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County: CO VIII I�I��.r�lt:N ,J11 ��1(i��1k1' f�li1'�IK �:�h'u �IAI�,1� III III 4482180 Pages: 17 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO —�II� _�11■I1 IJ-11 JI 11 II.■ a ur r■ ■i ■. „ „ -,� Notary Public November 2017 LITTLE THOMPSON WATER DIST. EXHIBIT -B PERMANENT EASEMENT DESCRIPTION PE -7A A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'17'08" WEST, A DISTANCE OF 2663.20 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER NORTH 00'17'08" WEST A DISTANCE OF 677.54 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'42'52" EAST A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 44'42'52" EAST A DISTANCE OF 28.29 FEET; THENCE NORTH 00'17'08" WEST A DISTANCE OF 1154.23 FEET; THENCE SOUTH 4517'08" EAST A DISTANCE OF 14.14 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 1148.38 FEET; THENCE SOUTH 44'42'52" WEST A DISTANCE OF 42.43 FEET; THENCE NORTH 0017'08" WEST A DISTANCE OF 14.15 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 11,865.03 sf. OR 0.27 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 4482180 Pages: 18 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I II PERMANENT EASEMENT ACQUISITION PE -7A BALLINGER WELD COUNTY, COLORADO 4492241 Pages: 18 of 26 05/28/2019 11:29 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County; CO tillRHAFTIII COL ��l� l,III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:IO-11-18 DRAWN BY: JHB SHEET: 1 oft LITTLE THOMPSON WATER DIST. EXHIBIT -B ELLIOTT -PL � LL oi4) lui 717- t ��11M t oo :- o o z',cn km R•-: ZI WALLACE 1 L3 CARMICHAEL \ t 0NW COR. S18-T3N-R67W Ii 2" ALUM. CAP ON #6 RBR. 0 ILLEG. IN MON. BOX t t I M PE -7A 0 PROPOSED 10' LITTLE . _ 11 THOMPSON WATER DIST. 0 11.865.03 sf.±/0.27 ac.± 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. NW 14 18-I ,V -R6711' ELLIOTT FAMILY FARM JANICE MAE & WILLIAM B. BALLINGER JR. PARC.#120918000010 RECP.#3078146 - 3710535 - 3042554 LOT-B/RE-1311 RECP.#2239129 LINE TABLE LINE BEARING DISTANCE L1 N89'42'52"E 50.00' L2 N44'42'52"E 28.29' L3 545'17'08"E 14.14' L4 S44'42'52"W 42.43' L5 NO0'17'08"W 14.15' 4482180 Pages: 19 of' 27 04/18/2019 02:11 PM R Fee:$0.00 60' ROW OCT. 6, 1875 Carly Koppes, Clerk and Recorder, Weld County, CO RD.BK.2/PG.31 RD100/41 ' ' POC W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX PERMANENT EASEMENT ACQUISITION PE -7A BALLINGER WELD COUNTY, COLORADO 4492241 Pages: 19 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111111 Ili, ®I III G O U N_ T_Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"-200 DATE:1O-11-18 DRAWN BY: JHB (SHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Janice May Ballinger and William B. Ballinger, (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 County 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 C. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two 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 that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. 4492241 Pages: 20 of 26 R Fee:$0.00 CO 05/28/2019 ly ;1Cler�k and Recorder, Weld County VIII tir.VA�MPlihrlikilia0tYki ilil rtilii ii 111 GRANTOR: Janice May Ballinger STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2019, by Janice May Ballinger. Witness my hand and official seal. Notary Public GRANTOR: William B. Ballinger STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by William B. Ballinger. Witness my hand and official seal. Notary Public 4492241 Pages: 21 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County; CO EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TCE-7, TCE-7A, TCE-78 TCE-7 A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 18 AS BEARING NORTH 87'03'25" WEST, A DISTANCE OF 2527.61 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP .3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'22'36" EAST A DISTANCE OF 80.13 FEET BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00'22'36" EAST A DISTANCE OF 10.02; THENCE DEPARTING SAID EAST LINE NORTH 87'03'25" WEST A DISTANCE OF 1739.45 FEET; THENCE SOUTH 43'03'25" EAST A DISTANCE OF 19.00 FEET; THENCE SOUTH 21'03'25" EAST A DISTANCE OF 29.34 FEET; THENCE NORTH 87'03'25" WEST A DISTANCE OF 10.95 FEET TO A POINT ON THE EASTERLY LINE OF THE BASS RESERVOIR DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID EASTERLY LINE THE FOLLOWING TWO COURSES; THENCE NORTH 21'03'25" WEST A DISTANCE OF 22.95 FEET; THENCE NORTH 43'03'25" WEST A DISTANCE OF 41.80 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 87'03'25" EAST A DISTANCE OF 1763.62 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 18,066.11 sf. OR 0.41 ac. MORE OR LESS. CONTINUED.... 4482180 Pages: 23 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-7B BALLINGER WELD COUNTY, COLORADO G_OLNTY 4492241 Pages: 22 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO VIII kir.r1O I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:1O-12-18 DRAWN BY. MB SHEET: 1 of5 EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TCE-7, TCE-7A, TCE-7B TCE-7A A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'17'08" EAST A DISTANCE OF 127.38 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'42'52" EAST A DISTANCE OF 80.00 FEET AND BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 60'00'00" EAST A DISTANCE OF 78.48 FEET; THENCE SOUTH 87'03'25" EAST A DISTANCE OF 81.09 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE BASS RESERVOIR DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID NORTHWESTERLY LINE THE FOLLOWING TWO COURSES; THENCE SOUTH 55'16'35" WEST A DISTANCE OF 37.28 FEET; THENCE SOUTH 42'16'35" WEST A DISTANCE OF 35.21 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE NORTH 87'03'25" WEST A DISTANCE OF 14.50 FEET; THENCE SOUTH 60'00'00" WEST A DISTANCE OF 80.69 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 65.28 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT -A OF SAID RE -1311; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 43'20'41" WEST A DISTANCE OF 14.65 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE NORTH 00'17'08" WEST A DISTANCE OF 106.44 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,079.95 sf. OR 0.16 ac. MORE OR LESS. CONTINUED.... TEMPORARY CONSTRUCTION EASEMENT ACQUISITION ICE -7, TCE-7A, TCE-7B BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 24 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO r r.nUNYY, WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 4492241 Pages: 23 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TCE-7, TCE-7A, TCE-7B TCE-7B A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET FROM THE NORTHWEST CORNER, DESCRIBED AS SHOWN, TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER NORTH 0017'08" WEST A DISTANCE OF 82.56 FEET TO THE SOUTHWEST CORNER OF LOT -B OF SAID RE -1311; THENCE ALONG THE SOUTH LINE OF SAID LOT -B SOUTH 88'06'45" EAST A DISTANCE OF 50.03 FEET AND BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID SOUTH LINE NORTH 0017'08" WEST A DISTANCE OF 1245.02 FEET; THENCE NORTH 89'42'52" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'17'08" WEST A DISTANCE OF 550.29 FEET TO A POINT ON THE SOUTH LINE OF LOT -A OF SAID RE -1311; THENCE ALONG SAID SOUTH LINE NORTH 89'24'27" EAST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID SOUTH LINE SOUTH 00'17'08" EAST A DISTANCE OF 1182.62 FEET; THENCE SOUTH 44'42'52" WEST A DISTANCE OF 28.29 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 593.12 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT -B; THENCE ALONG SAID SOUTH LINE NORTH 88'06'45" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 30,798.14 sf. OR 0.71 cc. MORE OR LESS, FOR A COMBINED TOTAL AREA OF TCE-7, TCE-7A AND TCE-7B CONTAINING .944.20 sf. OR 1.28 cc. MORE OR LESS. THE ABOVE DESCRIPTION(S) WERE PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-78 BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 25 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIP JIIU 1. Il.l� Iiu I �� I I • u ■ u u II WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 4492241 Pages: 24 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO III li I EXHIBIT -C POC I I z TPOB TCE-7A 'II --I' r III II w It, I I r t N Id :44 .rcoll ih r§l :0 II "i t w II tj I� I181 v IIN ,I3 I'0 Ito NW COR. S18-T3N-R67W 2" ALUM. CAP ON #6 RBR. - ILLEG. IN MON. BOX SEE DETAIL TCE-7A L7 L18 - POC TCE- 78- I N L PROPOSED TCE L6 7,079.95 sf. 0.16 ac.± CARMICHAEL LOT -A RE -1311 20 L19 0 0 0 P< 2 SEE TCE-7B PROPOSED TCE 30, 798.14 0.71 cc.± ELLIOTT FAMILY FARM REC* 199995 -`\� r-:oxxza- xxc�rasS 8 x3'25" E l4 N 67'03 '' yy alt- 7x7 9.4 739.45'` L5 L2 NEW DAY - SUNRISE 60' ROW N 1/4 COR. S18-T3N-R67W OCT. 7. 1878 #6 RBR. RD -SK 2, PG 225 2 1 /2" ALUM. CAP ON RD100/86 STAMPED LS#30462 (2000) JANICE MAE & WILLIAM B. BALLINGER JR. PARC.# 120918000010 TPOB TCE-7B RECP.#3078146 - 3710535-3042554 LOT—B/RE-1311 RECP.#2239129 TCE-7 PROPOSED TCE 18,066.11 sf. 0.41 ac.± SEE DETAIL 10' IN MON. BOX - POC 17 ------�-.Irk 63.62' TCE ncx%ar,Y NW 1/4 S18-T3N-R67W N l LINE TABLE LINE BEARING DISTANCE Ll SOO'22'36"E 80.13' L2 S00'22'36"E 10.02' L3 S43'03'25"E 19.00' L4 S21'03'25"E 29.34' L5 N87'03'25"W 10.95' L6 N21'03'25"W 22.95' L7 N43'03'25"W 41.80' L8 N89'42'52"E 80.00' L9 N60'00'00"E 78.48' L10 S87'03'25"E 81.09' L11 555'16'35"W 37.28' L12 S42'16'35"W 35.21' POC TCE-78 W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED -HAS�ALL PLS#23500 (1996) IN MON. BOX PL PL PL.. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-7B BALLINGER WELD COUNTY, COLORADO 4482180 Pages: 26 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO u eu�lL�lL1IL.1■ J LINE TABLE LINE BEARING DISTANCE L13 N87'03'25"W 14.50' L14 S60'00'00"W 80.69' L15 S00'17'08"E 65.28' L16 N43'20'41 "W 14.65' L17 NO0'17'08"W 106.44' L18 S88'06'45"E 50.03' L19 N89'42'52"F 20.00' L20 N8924'27"E 10.00' L21 S44'42'52"W 28.29' L22 SDO'17'08"E 593.12' L23 N88'06'45"W 10.00' 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. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR34& 13 INTERSECTION PROJECT PROJECT NO: SRP-3I SCALE: 1"=300 4492241 Pages: 25 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County, CO ��'n�I it, Ill III ICE DETAIL CARMICHAEL TCE-78 -NTS- TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-7B BALLINGER WELD COUNTY, COLORADO EXHIBIT-C N 1/4 COR. S18-T3N-R67W_ L7 scro,cx:xasceo-42 x�e312S" E '763.62' . _ L4 N 87'03` x L6 25 W 1739 4�""*Pr L5 10' 4482180 Pages: 27 of 27 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO � vll _UIl■ 1. I ILIl 111 Ilt II 1 11 11 I 1 ■ I II ■ II WCR 34 TPOB J TCE-7-. -NTS- LINE TABLE L # BEARING DIST L1 SO0'22'36"E 80.13' L2 SO0'22'36"E 10.02' L3 S43'03'25"E 19.00' L4 S21'03'25"E 29.34' - L5 N87'03'25"W10.95' L6 N21'03'25"11022.95' L7 N43'03'25"W 41.80' L8 N89'42'52"E 80.00' L9 N60'00'00"E 78.48' LIC S87'03'25"E 81.09' L11 S55'16'35"W 37.28' L12 542'16'35"W.35.21' L13 N87'03'25"W 14.50' L14 560'00'00"W 80.69' L15 S0097'08"E 65.28' L16 N43'20'41"W 14.65' L17 N00'17'08"W 106.44' L18 S88'06'45"E,50.03' L19 N89'42'52"E 20.00' L20 N89'24'27"E 10.00' L21 544'42'52"W 28.29' L22 S00'l7'08"E _593.12' L23 N88'06'45"W 10.00' WELD COUNTY DEPARTMENT N4ilatidAeOF PUBLIC WORKS 1 - GOUT TY WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"=300 11A TC.1n 1') 141non ie,ni Dv. rrrnlc 4492241 Pages: 26 of 26 05/28/2019 11:29 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO 1111 W,Ird14'rti II MEMORANDUM TO: Clerk to the Board DATE: May 10, 2019 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: CONSENT AGENDA Acceptance of Deed of Dedication RE: RW-7 FOR CR 13/34 Intersection Improvement Project (SRP-31) DOC: #2019-1457 CONTRACT ID: #2575 Acceptance of a Deed of Dedication from: JANICE MAY BALLINGER AND WILLIAM B. BALLINGER ig 6e-i Pa) C-rs Cp-oLA-\c IA G/ 01019- /#L57 6--t).07(00 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY i THIS DEED, made this day of , 2019, between Janice May Ballinger, whose address is 3080 Leatherwood Ford Road, J stown, TN, 38556, William B. Ballinger Jr., whose address is 1817 Faith Place, Longmont, Co 80501, (referred to herein as "Grantor", 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 "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: Janice May Ballinger STATE OF(AWN)) ) ) ss. COUNTY OF 1A)C !� ) G / evti illiam B. Ballinger TIFFANE JOHNSON NY FUSUC OTE ID COLORADO1 170 W SON EIS MARCH 4, 2019 The foregoing instrument was acknowledged before me this 2.O day of pc,o,tt ty, 2019, by Witness my hand and official seal. cu -e V 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). ,410 Dated thiso� day of /, 2019. air, Board of Co hj my Commi sioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). o20/q- DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made thi rd day of 1 , 2019, between Janice May Ballinger, whose address is 3080 Leatherwood Ford Road, J stown, TN, 38556, William B. Ballinger Jr., whose address is 1817 Faith Place, Longmont, Co 50501, (referred to herein as "Grantor", 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 "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNE SETH: 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. NE o U C 7�_ O 019 0 4" W- v o Ii C Nc oNiE o-;. 11.7 al.' � N 0 � G L) G N OR: ice lay Ballinge T ATE OF �(V OWN OF STATE daf-kL.V , The foregoing is3straJinent�a Itnoiledged before me this 12 y o 2019, by _ TENNESSE ) III ill( rOR: William B. Ballinger I,, RY :, rt(? 1 C ? PUBLIC./ my hand +, `CSS x.111111%1\\ 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. 03-2-201(1X a). Dated thiso day of ard of Co my Commis ; loners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C R.S. 43-2-201(0(4 (a}. 02.0/9 -/146'7 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION RW-7, RW-7A, RW-7B RW-7 A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING NORTH 87'03'25" WEST, A DISTANCE OF 2527.61 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'22'36" EAST A DISTANCE OF 30.05 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AND BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00'22'36" EAST A DISTANCE OF 50.08; THENCE DEPARTING SAID EAST LINE NORTH 87'03'25" WEST A DISTANCE OF 1763.62 FEET TO A POINT ON IHE EASTERLY LINE OF THE BASS RESERVOIR, DESCRIBED IN THAT DEED FILED UNDER RECEPTION NO. 199995; ALONG SAID EASTERLY LINE THE FOLLOWING TWO COURSES; THENCE NORTH 43'03'25" WEST A DISTANCE OF 58.20 FEET; THENCE NORTH 09'33'25" WEST A DISTANCE OF 9.80 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 34; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 87'03'25" EAST A DISTANCE OF 1804.71 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 89,358.35 sf. OR 2.05 ac. MORE OR LESS. CONTINUED.... 4491812 Pages: 3 of 6 05/24/2019 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-7B BALLINGER WELD COUNTY, COLORADO GOUN7Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE: 10-1I-18IDRAWN BY: !LIB 'SHEET: 1 of 4 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION RW-7, RW-7A, RW-7B RW-7A A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -8 OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 87'03'25" EAST A DISTANCE OF 31.74 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 02'56'35" WEST A DISTANCE OF 30.00 FEET TO A POINT THAT INTERSECTS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AND THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EXISTING SOUTH RIGHT-OF-WAY LINE SOUTH 87'03'25" EAST A DISTANCE OF 256.49 FEET TO A POINT ON THE NORTHWESTERLY UNE OF BASS RESERVOIR, AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID NORTHWESTERLY LINE THE FOLLOWING TWO COURSES; THENCE SOUTH 24'21'35" WEST A DISTANCE OF 12.52 FEET; THENCE SOUTH 5516'35" WEST A DISTANCE OF 62.74 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE NORTH 87'03'25" WEST A DISTANCE OF 81.09 FEET; THENCE SOUTH 60'00'00" WEST A DISTANCE OF 78.48 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 106.44 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT -A OF SAID RE -1311; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 43'20'41" WEST A DISTANCE OF 73.23 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE DEPARTING SAID NORTHEASTERLY UNE AND ALONG SAID EAST LINE NORTH 00'17'08" WEST A DISTANCE OF 148.57 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 19,247.27 sf. OR 0.44 ac. MORE OR LESS. CONTINUED.... 4491812 Pages: 4 of 6 05/24/2019 11:07 All R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� IPl��I�Y�G��:IiCr�'fiyy ��rNti'�G��II�M4�LY4rh 1I III RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-7B BALLINGER WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-11-18 DRAWN BY: JHB SHEET: 2 of 4 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION RW-7, RW-7A, RW-78 RW-78 A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -8 OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET FROM THE NORTHWEST CORNER, DESCRIBED AS SHOWN, TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER NORTH 00'17'08" WEST A DISTANCE OF 82.56 FEET TO THE SOUTHWEST CORNER OF LOT -B OF SAID RE -1311; THENCE ALONG THE SOUTHERLY LINE OF LOT -B OF SAID RE -1311 SOUTH 88'06'45" EAST A DISTANCE OF 30.02 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE NORTH 00'17'08" WEST A DISTANCE OF 1794.34 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT -A OF SAID RE -1311; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG SAID SOUTHERLY LINE NORTH 89'24'27" EAST A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE SOUTH 0017'08" EAST A DISTANCE OF 550.29 FEET; THENCE SOUTH 89'42'52" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 0017'08" EAST A DISTANCE OF 1245.02 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT -B OF SAID RE -1311; THENCE ALONG SAID SOUTHERLY LINE NORTH 88'06'45" WEST A DISTANCE OF 20.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 46,899.10 sf. OR 1.08 cc. MORE OR LESS, FOR A COMBINED TOTAL AREA OF RW-7, RW-7A AND RW-7B CONTAINING 155.504.72 sf. OR 3.57 ac. MORE OR LESS. THE ABOVE DESCRIPTION(S) WERE PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 4491812 Pages: 5 of 6 05/24/2019 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO gill kl�� dill:I IN it IMi: ,Y5 RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-7B BALLINGER WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:1O-11-18 1-18 DRAWN BY: JHB SHEET: 3 of 4 POC I I RW-71`j EXHIBIT -A NW COR. S18-T3N-R67W NEW DAY - 2" ALUM. CAP ON #6 RBR. SUNRISE ILLEG. IN MON. BOX L5-�-+� 7.r� - _ L8 RW-7A PROPOSED ROW 19,247.27 sf. 0.44 ac.± TPOB RW-7A PL O W IX: I 40' ,r • Io ,cn Puy' Y I I: I S 89'42'52" W 20.00' 20' I rI :N ' Ie. 'I' IoM I i-cD ' II Io N� I 'J O Y 11ii9! I '' ' TPOB RW-76 N 88'06'45" W 20.01' PL Ems .\\ 4 1 6. I CARMICHAEL io. Ir LOT -A RE -1311 '1 ( N 89'24'27" E I I `40.0Y Id -1 iI 1 . . .' I ' I N ;; RW-7B gp,, PROPOSED ROW 46,899.10 sf.± 1.08 ac.± PROPOSED ROW 89,358.35 sf. ELLIOTT FAMILY FARM REC# 199995 60' ROW OCT. 7, 1878 N 1/4 COR. S18-T3N-R67W RD-BK 2, PO 225 2 1/2" ALUM. CAP ON X16 RBR. RD100/86 STAMPED LS#30462 (2000) IN MON. BOX Srisfisra"-r l $(ICI. NW 1/4 TPOB RW-7 S18-T3N-R67W JANICE MAE & WILLIAM B. BALLINGER JR. PARC.#120918000010 POC RW-7B W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX PL Pt. RIGHT OF WAY ACQUISITION RW-7, RW-7A, RW-7B 12 A i T iAf!'_IID 4491812 Pages: 6 of 6 N 05/24/2019 11:07 AM R Fee:$0.00 TY t Carly Koppes, Clerk and Recorder, Weld County, CO II IIISINJ RECP.#3078146 - 3710535 - 3042554 LOT-B/RE-1311 RECP.#2239129 LINE TABLE LINE BEARING DISTANCE L1 S00'22'36"E 30.05' L2 S00'22'36"E 50.08' L3 N43'03'25"W 58.20' L4 N09'33'25"W 9.80' L5 587'03'25"E 31.74' L6 SO2'56'35"W 30.00' L7 S8 '03'25"E 256.49' L8 S24'21'35"W 12.52' LINE TABLE LINE BEARING DISTANCE L9 S5516' 35"W 62.74' L10 N87'03'25"W 81.09' L11 S60'00'00"W 78.48' L12 SO0'17'08"E 106.44' L13 N43'20'41"W 73.23' L14 NO0'17'08"W 148.57' L15 NO0'17'08"W 82.56' L16 S88'06'45"E 30.02' 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. PL J WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"=.300 DATE:10- I I-18IDRAWN BY: JHI3 'SHEET: 4 of 4 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Janice May Ballinger and William B. Ballinger, (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 C. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two 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 that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. Cicnrnor ons OCorlO/1� c.c.; PwCTJfC1nCJ OCo /O3 (19 O©(G- 0-157 �� © o -7 Co GRANTOR: f n ice May Railin e ,/"/ STATE OF COUNTY O1 ss. 'do. The foregoing instrument was acknowledged before me thi Janice May Ballinger. Witness my hand and official seal. GRANTOR: William B. Ballinger ) Notary Public clay 2019, by cd,G STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of . 2019, by William B. Ballinger. Witness my hand and official seal. Notary Public GRANTOR: Janice May Ballinger STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2019, by Janice May Ballinger. Witness my hand and official seal. Notary Public GRANTOR: William B. Ballinger STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this )(/' day of William B. Ballinger. Witness my hand and official seal. L TIFFANE V. JOHNSON NOTARY PUBLIC STATE OF COLORADO LMh?OTARY ID 20154009110 Y ( ' •MiSSK)N EXPIRES MARCH 4, 2019 :fwdlr / /t 1, f Nofa y Public O-i 2019, by EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TCE-7, TCE-7A, TCE-78 TCE-7 A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO, 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 18 AS BEARING NORTH 87'03'25" WEST, A DISTANCE OF 2527.61 FEET TO THE NORTHWEST CORNER OF SECTION 1B, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'22'36" EAST A DISTANCE OF 80.13 FEET BEING THE TRUE POINT OF BEGIN�IItjO THENCE CONTINUING ALONG SAID EAST UNE SOUTH 00'22'36" EAST A DISTANCE OF 10,02; THENCE DEPARTING SAID EAST LINE NORTH 87'03'25" WEST A DISTANCE OF 1739.45 FEET; THENCE SOUTH 43'03'25" EAST A DISTANCE OF 19.00 FEET; THENCE SOUTH 21'03'25" EAST A DISTANCE OF 29.34 FEET; THENCE NORTH 87'03'25" WEST A DISTANCE OF 10.95 FEET TO A POINT ON THE EASTERLY LINE OF THE BASS RESERVOIR DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID EASTERLY LINE THE FOLLOWING TWO COURSES; THENCE NORTH 21'03'25" WEST A DISTANCE OF 22.95 FEET; THENCE NORTH 43'03'25" WEST A DISTANCE OF 41.80 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 87'03'25" EAST A DISTANCE OF 1763.62 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 18,066.11 sf. OR 0.41 cc. MORE OR LESS. CONTINUED.... TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-78 BALLINGER WELD COUNTY, COLORADO GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 DATE:I0-12-1H DRAWN BY: JHB SCALE• SHEET: I of 5 EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TCE-7, TCE-7A, TCE-78 TCE-7A A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING SOUTH 87"03'25" EAST, A DISTANCE OF 2527,61 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'17'08" EAST A DISTANCE OF 127.38 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'42'52" EAST A DISTANCE OF 80.00 FEET AND BEING THE TRUE POINT OF _BEGINNING THENCE NORTH 60'00'00" EAST A DISTANCE OF 78.48 FEET; THENCE SOUTH 87'03'25" EAST A DISTANCE OF 81.09 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE BASS RESERVOIR DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 199995; ALONG SAID NORTHWESTERLY LINE THE FOLLOWING TWO COURSES; THENCE SOUTH 55'16'35" WEST A DISTANCE OF 37.28 FEET; THENCE SOUTH 4216'35" WEST A DISTANCE OF 35.21 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE NORTH 87'03'25" WEST A DISTANCE OF 14.50 FEET; THENCE SOUTH 60'00'00" WEST A DISTANCE OF 80.69 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 65.28 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT -A OF SAID RE -1311; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 43'20'41" WEST A DISTANCE OF 14.65 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE NORTH 00'17'08" WEST A DISTANCE OF 106.44 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,079.95 sf. OR 0.16 oc. MORE OR LESS. CONTINUED.... TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-7B BALLINGER WELD COUNTY, COLORADO - COUNT `S' r. 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:I0-12-18 DRAWN BY: JHB SHEET: 2of5 EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TCE-7, TCE-7A, TCE-7B TCE-7B A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 18 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET FROM THE NORTHWEST CORNER, DESCRIBED AS SHOWN, TO THE NORTH ONE -QUARTER CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE -QUARTER NORTH 0017'08" WEST A DISTANCE OF 82.56 FEET TO THE SOUTHWEST CORNER OF LOT -B OF SAID RE -1311; THENCE ALONG THE SOUTH LINE OF SAID LOT -B SOUTH 88'06'45" EAST A DISTANCE OF 50.03 FEET AND BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE NORTH 0017'08" WEST A DISTANCE OF 1245.02 FEET; THENCE NORTH 89'42'52" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'17'08" WEST A DISTANCE OF 550.29 FEET TO A POINT ON THE SOUTH LINE OF LOT -A OF SAID RE -1311; THENCE ALONG SAID SOUTH LINE NORTH 89'24'27" EAST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID SOUTH LINE SOUTH 00'17'08" EAST A DISTANCE OF 1182.62 FEET; THENCE SOUTH 44'42'52" WEST A DISTANCE OF 28.29 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 593.12 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT -B; THENCE ALONG SAID SOUTH LINE NORTH 88'06'45" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 30,798.14 sf. OR 0.71 cc. MORE OR LESS, FOR A COMBINED TOTAL AREA OF TCE-7, TCE-7A AND TCE-7B CONTAINING 55,944.20 sf. OR 1.28 ac, MORE OR LESS. THE ABOVE DESCRIPTION(S) WERE PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-78 BALLINGER WELD COUN'1 Y, COLORADO GOUN.T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-12- I8 DRAWN BY: JHB SHEET: 3 of 5 EXHIBIT -C POC I I TCE�,7Ai TPOB TCE-7A r— PL -1 1 L18- — PL� POC u1Oi ICE - 7B NW COR. S18-T3N-R67W 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX SEE DETAIL TCE-7A L7 CARMICHAEL LCT-A RE -1311 P1 1d PROPOSED TCE 7,079.95 sf. L6 0.16 ac.± 1a NEW DAY SUNRISE 60' ROW N 1/4 COR. S18-T3N-R67W OCT. 7, 1878 P RD -8K 2, PG 225 2 1/2" ALUM. CAP ON #6 RBR. R0100/66 STAMPED LS#30462 (2000) IN MON. BOX .:-.o.: s..-.., _ 1.8x7'0 25" ,E1 1763e62'`-TCEE---7 - .. `L4 N 03'25"� W -� �17399.4.5...7x:s_c:s2 ! r' .' -.rsca.--r- \L5 L2 z �--s7 - R34 ELLIOTT b� FAMILY FARM REC# 199995 TCE-7 PROPOSED TCE 18,066.11 sf. 0.41 ac.± SEE DETAIL SEE DETAIL ICE -7B PROPOSED TCE 30,798.14 sf. 0.71 ac.± JANICE MAE & WILLIAM B. BALLINGER JR. PARC.# 120918000010 TPOB TCE-7B RECP,#3078146 - 3710535-3042554 LOT-B/RE-1311 RECP.#2239129 LINE TABLE LINE BEARING DISTANCE LI SOO'22'36"E 80.13' L2 SOO'22'36"E 10.02' L3 S43'03'25"E 19.00' L4 S21'03'25'E 29.34' L5 N87'03'25"W 10.95' L6 N21'03'25"W 22.95' L7 N43'03'25"W 41.80' L8 N89'42'52"E 80.00' L9 N60'00'00"E 78.48' L10 S87'03'25"E 81,09' L11 37.28' L12 _355'16'35"W 542'16'35"W 35.21' 10' NNi S'!fi-T.3h'-kh; Pr \. LINE TABLE LINE BEARING DISTANCE L13 N87'03'25"W 14,50' L14 560'00'00"W 80.69' L15 S0017'08"E 65.28' L16 N43'20'41"W 14.65' L17 N00'17'06"W 106.44' L18 588'06'45"E 50.03' L19 N89'42'52"E 20 00' L20 N89'24'27"E 10.00' L21 S44"42'52"W 28.79' L22 500'17'08"E 59312' L23 N 88'06' 45"W 10.00' POC TCE-78 W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT PL rti�r_PL,� A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-7, TCE-7A, TCE-7B BALLINGER WELD COUNTY, COLORADO ?Y 0 U{UTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT FROJECT NO: SRP-31 SCALE: 1"--300 DATE:10- I2-18 DRAWN BY: JHB SHEET: 4 ors TCE DETAIL EXHIBIT -C 1 ? , L?0-1 - - - -- - N 1/4 COR. S18—T3N—R67W — — -'-_ �-: 4- --- --------- �Cc_TF�-7 �l.3 `7. - -—ty-..—.. L7— TA!:zczxr_sc.xc.., .sears '03;25" E- __. 1763 • $E?'_ .. t t c _ 62" TCE-7�� L6f �"-L4 N 87'03'?_5; W' s -t 739 454t:a_-- ":--- rs_ -J- �L5 -,L2 -. 10'� N } COR. R�J _ N 0017'O" N \'''' -NTS- L7- N',-=_:'3 :- L6--�� L4 L5 - - _�_.. WCR 3. TCE-7 I -J ..,::-:;:;...;::-•-l2 ; TCE-7 -NTS- isi0, :XHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SU RVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED _SCRIPTION ONLY. N 00'17'08" W ------------N 0017'08" W 1245.02' ' SR00'17'08" E 11. TCE-7A LINE TABLE —NTS— L # BEARING DIST 500'22'38"E 80.13' 500'22'36"E 10.02' P0C I L L3 43'03'1.5" 19.00 NW COR —----._.__— -- E_ •• 4. T TCE-7A L5 �: • ., '' • -_____ --.7ii -"- '— N i • 5wW 22.95' --- L7 N43'•3' 41.80' " —I . _ ___ -- - _ _ L8 N89'4252E :0.00' _ _ ' LL9�9i... ••'•c•" • ' TP0B Ll0 ^° 11ii� TCE-7A ...1:',/, i<Z� ; 1 .•' \.9 Ili O3 N:7'033 '25" 14 50' �,. ` L12 115 ••' '•.: <<`<�<y1`s= 1 ' i1,•1 D'' L13 ►�• •: •' :"f L19 .:• • •�' 40 121 '4 ", �s g ?88 •:" L N'OS'45 ' 10.00' W = o Sp ZOO— Ia in 1n ITEMPORARY irk, 1,1 ! • k L23 TPO PL ---.I TCE-7B 1.18 , POC TCE- 78 I W } COR. 41 ' S' ek 1 I \ 1 I q \\\ 1 \ IN CONSTRUCTION, EASEMENTACQUISITION TCE-7, TCE-7A, TCE-78 ..44,'WELD COUNTY DEPARTMENT OF PUBLIC WORKS t ' �'- ` tr - - __" (rif fir•,`-` ��+" WCR 34 & 3 INTERSECTION PROJECT BALL.INGER WELD COUNTY, COLORADO PROJECT NO: SRY-31 SCALE: 1"=300 }- Q L i DATE:10-12-18 DRAWN BY: !HB SHEET: 5 of Hello