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Home My WebLink About20190792.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 - LARRY AND WENDY CARMICHAEL 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 at 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 Larry and Wendy Carmichael, 15892 County Road 13, Platteville, Colorado 80651, 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 at 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 Larry and Wendy Carmichael 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. Pw(i J1Ss(rmcF-t) OTC i CSC! CO) 2019-0792 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 — LARRY AND WENDY CARMICHAEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, CO ORADO ATTEST: ditifet) V Jdo.40; tA. Weld County Clerk to the Board Barbara Kirkmeye , Chair Mike Freeman, Pro_Tem Date of signature: 2^27-19 Steve Moreno 2019-0792 EG0076 alxo MEMORANDUM TO: Clerk to the Board DATE: February 12, 2019 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Agreement for The Purchase of Property for Public Road Improvements RE: Larry K. and Wendy R. Carmichael- Weld County Road 34 and 13 Improvement Project Please place this Agreement for Purchase of Property for Public Road Improvements between Larry K. and Wendy R. Carmichael and Weld County for necessary improvements to the CR 34/13 Intersection on the Board of County Commissioner's agenda for February 20, 2019 for acceptance. cc-.•Pc.v("c31S5tMc) Oa-ao-t9 2019-0792 EGO01(o AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LARRY AND WENDY CARMICHAEL AND WELD COUNTY, COLORADO 2019, by and between Larry AGREEMENT is made this ,Z day of �� "`°`rY K. Carmichael and Wendy R. Carmichael, whose address is 15892 Weld County Road 13, Platteville, CO 80651, hereinafter collectively referred to as "Owner," and WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described in the attached Exhibit B ("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 lane 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. Exhibit A — Description, Depiction, and Form of ROW. Exhibit B — Description, Depiction, and Form of PE. Exhibit C — Description, Depiction, and Form of TCE. Exhibit D — Site Plan/Grading Plan for Earthwork II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is One Hundred Ninety -Seven Thousand Two Hundred Seventy -Four Dollars, ($197,274.00). 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 Forty Thousand One Hundred Twenty Dollars, ($40,120.00). b. Owner agrees to convey at closing a Permanent Easement to Little Thompson 4469698 Pages: 1 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII lOralindl nialikiltFI'i:le«tk'r.il'i, II III Oo/9- 079L Page 2 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERLY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LARRY AND WENDY CARMICHAEL AND WELD COUNTY. COLORADO Water District described on Exhibit B for the sum of One Thousand Three Hundred Sixty Dollars, ($1,360.00). 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 Seven Hundred Sixty -Eight Dollars, ($1,768.00). d. County agrees to pay Owner Seventy -Two Thousand Two Hundred Fifty -Two Dollars ($72,252.00) to relocate and reconstruct the existing horse setup on the property including loafing shed, corral, stall and pasture fencing, automatic waters, mailbox and landscaping. e. Owner agrees the design as shown on attached Exhibit D is adequate to reconstruct a level and compacted pad site for the replacement of the existing horse setup (loafing shed, corral, stall and pens, and automatic waters, etc.). Owner and County agree County shall pay Owner Sixty Thousand Dollars ($60,000.00) based on Exhibit D for the necessary earthwork including but not limited to fill dirt, grading, compaction etc.) to build horse setup. f. County agrees to pay Owner Four Thousand Eight Hundred Dollars ($4,800.00) for temporary fencing necessary to secure an area to contain Owners horses. Owner agrees to have temporary fencing in place and horses secured by April 1, 2018. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 111. PUBLIC ROAD RIGHT(S)-OF-WAY 1. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication as provided in Exhibit A. 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. 4469698 Pages: 2 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� INFAI COCHIN41III II Page 3 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LARRY AND WENDY CARMICHAEL AND WELD COUNTY, COLORADO 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. 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 4469698 Pages: 3 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 PALMCildittiel 1111 Page 4 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LARRY AND WENDY CARMICHAEL AND WELD COUNTY, COLORADO 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. VIII. ADDITIONAL RESPONSIBILITIES: 1. Owner agrees to have all horses and 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. 4469698 Pages: 4 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1'1,44 ii II Page 5 of5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LARRY AND WENDY CARMICHAEL AND WELD COUNTY, COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWNER: iige/ . endy I Catrmichael -17( ATTEST:;ti BOARD OF COUNTY COMMISSIONERS Weld •u ty lerk to the Bo: rd WILD COUNTY, CQLORADO BY: Deputy CI k t• the Bo .�� Barbara Kirkmeyer Chair 11-1 FEB 2 0 2019 4469698 Pages: 5 of 17 02/27/2019 10:50 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO 'rIA III III 020/9_O79 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION 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 -A OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 (RE -1311) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2239129 AND BONG 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 148.21 FEET TO THE NORTH CORNER OF LOT -A OF SAID RE -1311; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT -A SOUTH 43'20'41" EAST A DISTANCE OF 43.94 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 43'20'41" EAST A DISTANCE OF 73.23 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE SOUTH 0017'08" EAST A DISTANCE OF 368.23 FEET; THENCE SOUTH 4410'51" WEST A DISTANCE OF 28.55 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 164.84 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT -A; THENCE ALONG SAID SOUTH LINE SOUTH 89'24'27" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'17'08" WEST A DISTANCE OF 607.12 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 25,511.11 sf. OR 0.59 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 CARMICHAEL WELD COUNTY. COLORADO 4469698 Pages: 6 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SR.P-3l SCALE: DATE: 10-1-18 DRAWN BY: JHB SHEET:1 of �� FallIkV1 %11i4, iI II EXHIBIT -A POC 60' ROW 10/6/1875 RD-BK 2, PG 31 RD100/41 W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX I N 1 40.4•10SMINIONOMNI. taw. NW COR. S18-T3N-R67W 2" ALUM. CAP ON #6 RBR. 60' ROW OCT. 7, 1878 ILLEG. IN MON. BOX / RD.BK.2,/PG.225 ai/ RD100/86 !! ' TP08 cniN zCD mlW G 0 la z- col IN r In O CD 03 0 SCY • 1 e �I I W t N N WCR34m. - 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. LINE TABLE LINE BEARING DISTANCE L1 S43'20'41 "E 43.94' L2 543'20'41"E 73.23' L3 S44'10'51 "W 28.55' L4 S89'24'27"W 30.00' PROPOSED ROW 25,511.11 sf.t/0.59 ac.± LARRY K. & WENDY R. CARMICHAEL PARC.#120918000009 RECP.#2536171 LOT-A/RE-1311 RECP.412239129 RIGHT OF WAY ACQUISITION RW-9 CARMICHAEL WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR34&13 INTERSECTION PROJECT PROJECT NO: SRP-31 'SCALE: l"=100 DATE: 10-1-18 DRAWN BY: JHB SHEET: 2 oft 4469698 Pages: 7 of 17 02/27/2019 10:50 AM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII ridli gIK inNI ��'i VIDE:111V Ilia Bill DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2019, between Larry K. Carmichael and Wendy R. Carmichael, (referred to herein as "Grantor", whether one or more), whose address is 15892 Weld County Road 13, Platteville, CO, 80651, 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: Larry K. Carmichael Wendy R. Carmichael STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Larry K. Carmichael and Wendy R. Carmichael. 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. 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). 4469698 Pages: 8 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 liPirliV9i hga'1/411617,:li.tr liYii Ill II EXHIBIT -B PERMANENT EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 (RE -1311) 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 0017'08" 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 00'17'08" EAST A DISTANCE OF 787.60 FEET TO THE SOUTHWEST CORNER OF SAID LOT -A OF RE -1311; THENCE ALONG THE SOUTH LINE OF SAID LOT -A NORTH 89'24'27" EAST A DISTANCE OF 60.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 00'17'08" WEST A DISTANCE OF 164.84 FEET; THENCE NORTH 44'10'51" EAST A DISTANCE OF 14.28 FEET; THENCE SOUTH 0017'08" EAST A DISTANCE OF 174.98 FEET TO A POINT ON THE SOUTH UNE OF SAID LOT -A; THENCE ALONG SAID SOUTH UNE, SOUTH 89'24'27" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT 9F BEGINNING. SAID PARCEL CONTAINS 1,699.62 sf. OR 0.04 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 -9 CARMICHAEL WELD COUNTY, COLORADO COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-3 1 SCALE DATE: 10-t-18 DRAWN BY: JHB SHEET: 1 oft 4469698 Pages: 9 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO VIIIWAYIN I0M41,hhalliAI 'fVlrifi,Tl` iki lI III EXHIBIT -B POC SPA FN M CO CD r 1n BASIS OF BEARINGS I V 60' ROW 10/6/1875— + RD-BK 2, PC 31 1-- RD100/41 W 1/4 COR. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX NW COR. S18-T3N-R67W 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX BAI,I.INGF,R 0 a z 0 0 Q stir • PE 9 PROPOSED PE FOR co o LITTLE THOMPSON E N- WATER DISTRICT a0 1,699.62 sf.t/0.04 ac.t O cn L3 WCR 34 60' ROW OCT. 7, 1878 RD.BK.2,/PG.225 RO100/86 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. LINE TABLE LINE BEARING DISTANCE L1 N89'24'27"E 60.00' L2 N44'10'51"E 14.28' L3 S89'24'27"W 10.00' LARRY K. & WENDY R. CARMICHAEL PARC.# 120918000009 RECP 425361 71 LOT—A/RE-1311 RECP.#2239129 ELLIOTT FAMILY IARM Lt TPOB HAI „INGER. PERMANENT EASEMENT ACQUISITION PE -9 CARMICHAEL WELD COUNTY. COLORADO 4469698 Pages: 10 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 DATE: 1-30-19 SCALE: 1"=100 DRAWN BY: J IBJSHEET:2of2 VIII!Vat!?"III Easement and Right of Way Agreement This Easement and Right of Way Agreement, made and entered into as of the day of ,2019 by and between LARRY K. CARMICHAEL and WENDY R. CARMICHAEL hereinafter called "Grantor" (whether grammatically singular or plural), and the LITTLE TI IOMPSON WATER DISTRICT, a quasi -municipal corporation, 835 East Highway 56, Berthoud, Colorado 80513, hereinafter called the "District." For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the District, its successors and assigns, the sole, exclusive and permanent right to enter, re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace, remove and operate one or more lines for the transmission, distribution and service of water, and all underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs and other fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to wit: SEE ATTACHED EXHIBIT County Recorded Reception Number Section The easement and right of way shall be Ten (10') feet wide. Book Page Township Range GRANTOR FURTHER GRANTS TO THE DISTRICT: (a) The right to grade the strip of land for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside the strip to the extent as the District may find reasonably necessary; (b) The right to support the pipelines across ravines and water courses with such structures as District shall deem necessary; (c) The right of ingress to and egress from the strip over and across the land by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the land which is isolated from the strip by any public road or highway now crossing or hereafter crossing the land; provided, further, that if any portion of the land is or shall be subdivided and dedicated roads or highways on such portion shall extend to the strip, the right of ingress and egress on the portion shall be confined to such dedicated roads and highways; (d) The right of grading for, constructing, maintaining and using such roads on and across the lands as the District may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (t) The right to mark the location of the strip by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip; (g) All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. GRANTOR HEREBY CONVENANTS AND AGREES: (a) That Grantor shall not erect or place any pennanent building, structure, improvement, fence or tree on the described easement; and the District shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. (b) Grantor shall not diminish the ground cover over the water lines and shall not substantially add to the ground cover over the water lines or their appurtenances by and between: (c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the District. (d) Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims and that said lands are free and clear and clear of encumbrances and liens of whatsoever character, except the following: LTWD Form 2(X) Page of 2 THE DISTRICT HEREBY COVENANTS AND AGREES: (a) The District shall not fence or otherwise enclose the strip, except during periods of construction and repair. (b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly backfilled and as much, of the original surface soil as possible shall be place on top. All large gravel, stones and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of said land by Grantor shall be suitable for the purpose now used. The District will maintain the trench area and buried water pipeline during installation. Reinstallation and maintenance of said waterline; (c) In the event that the above -described lands are being used for grazing purposes, the District agrees that during the period of construction of the pipeline hereunder, or any subsequent altering, removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said right-of-way strip for the cattle and livestock of Grantor and his tenants and lessee. Further whenever it becomes necessary for the District, its agents or contractors to cut a fence on the above -described lands. The District agrees, at its option, either to keep the gap closed or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock through such gap or to construct at such place or places substantial gates with dual locks and furnish Grantor with one set of keys thereto. Before any such fence is cut by the District, the same shall be braced in order to prevent slackening of the wires along with fence in each direction from the District's temporary gap. (d) In the event that the above -described lands are being used for the growing of a crop which requires irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise provided for to install and operate flumes or appropriate crossing devices across the right-of-way at all times during such construction operations. The District further agrees, unless otherwise provided for, not to block, dam or obstruct in any manner in a irrigation canal, drainage ditches, creeks located on said lands, and also agrees to replace or repair any levees or banks disturbed or damaged by the District's operations on said lands. (e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused by any wrongful exercise of the rights of ingress and egress or by wrongful or negligent act or omission of or of its agents or employees in the course of their employment. IT IS MUTUALLY AGREED BY THE PARTIES: (a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the District. (b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this day of , 2019. �v m� CO M (13 I. oN(D is C9 CO N to T�N• -0 K. GS ZI 4 o A �` otoTN Via® a n aF ;o < MO GRANTOR(S): Larry K. Carmichael STATE OF COLORADO COUNTY OF The foregoing instrument was acknowledged before me this by Larry Carmichael and Wendy Carmichael as Grantors. (Notary Seal} Wendy R. Carmichael day of , 2019. Notary Public My commission expires: I.TWD Form 200 Page 2 of EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT PESCRIPTION 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 -A OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 (RE -1311) 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 UNE OF SAID NORTHWEST ONE -QUARTER SOUTH 00'17'08" EAST A DISTANCE OF 148.21 FEET TO THE NORTH CORNER OF LOT -A OF SAID RE -1311; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT -A SOUTH 43'20'41" EAST A DISTANCE OF 117.17 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 43'20'41" EAST, A DISTANCE OF 14.65 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE SOUTH 00'17'08" EAST A DISTANCE OF 361.62 FEET; THENCE SOUTH 44'10'51" WEST. A DISTANCE OF 28.55 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 150.70 FEET; THENCE NORTH 89'24'27" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 0017'08" EAST A DISTANCE OF 10.00 FEET TO A POINT ON THE SOUTH UNE OF SAID LOT -A; THENCE ALONG SAID SOUTH LINE SOUTH 89'24'27" WEST A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00'17'08" WEST A DISTANCE OF 164.84 FEET; THENCE NORTH 44'10'51" EAST, A DISTANCE OF 28.55 FEET; THENCE NORTH 0017'08" WEST A DISTANCE OF 368.23 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 5,662.83 sf. OR 0.13 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-9 CARMICHAEL WELD COUNTY, COLORADO 4469698 Pages: 13 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 'III 1��11�� .�IF4l a�: �I�'i t��IUII 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-3I SCALE. DATE: 10-1-18 DRAWN BY: JHB SHEET: I of 2 EXHIBIT -C ME Imo POC NW COR. S18-T3N-R67W 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX TPOB IC7 34 ___ 60' ROW OCT. 7, 1878 RD.BK.2./PG.225 RD100/86 I 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. LINE TABLE LINE BEARING DISTANCE L1 S43'20'4175 117j7' L2 $4320'41"E 14.65' L3 $4410'S1 "W 28.55' L4 ' N8924'27"E 10.00' L5 S00"17'O8"E 10.00' L6 S89'24'27"W 20.00' L7 N44'10'51 "E 28.55' ( --.' Ir- TCE-9 ( II PROPOSED 10' TCE I I 5,662.83 sf.t/0.13 ac.± II \\ I (rte? RD100 Io LARRY K. & WENDY R. CARMICHAEL I PARC.#120918000009 60' ROW 10/6/1875 • 11LOT-A/RE-1311 I� RLCP.#2536U7 RD-BK 2, PG 31 RECP.#2239129\\ /41 W 1/4 C0R. -S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX _ LS TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-9 CARMICHAEL WELD COUNTY, COLORADO ccUN_T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO. SRP-31 SCALE 1"--=100 DATE: 10-1-18 DRAWN BY: JHB SHEET. 2 of 2 4469698 Pages: 14 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO viii Ni..17,6Willa.11iVai aygirEi M ivIAMf!J I I ®iii i GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Larry K. Carmichael and Wendy R. Carmichael, (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 ICE. 4469698 Pages: 15 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO till WON NW 11446PLINUMAElk II I GRANTOR: Larry )(Carmichael endy R Carmichael STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2019, by Larry K. Carmichael and Wendy R. Carmichael. Witness my hand and official seal. Notary Public 4469698 Pages: 16 of 17 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppess,µClerk �andd Recorder, Weld County, CO W ` ,III l'i��11ii miii. 1erilli��'limitliantiyii ii III -' N EXHIBIT D ' _. N tT I7 O Nap .. -CE TCE TCE T ,,",}} 54. 1 r -b.. .. T� -�-- fix ME •. ..� . TCE TCE �. TCE TCE ��' TCE < t{11 - J _ �a �- P.-ROr Pr-ROW Pr ' � IK?If •r. :t'. __ . rr,``+► �e T TCE a ,� -Al to ta + • -It -X -- i. -x Iy -- -X « - ��o- { : . —�7eaN!. R IIbM St _ Pr- :.�. -- .:.tr. ••1lGR Pr-R01N �• i rt• ' Lr a�.atr ------a- . ....� Mss.. ` �.-. �1• ryg T r! 0. tit • ;�,ou .1e,� r`e"4 ti f w.rt. m �° —� ^ 118+00 WC ( _.. -1 --- - _ 119. 1Z0iilQ 21 r W 1 . !WOO ` 124• awl) M n r- a ` �..... 1r- + N , -..r'� • IIRII -z '` ..b -�7r -�� ..,rte. big -9.1 -ROB W-ROM ar- W."'""""••••••• Pt-ROllf t — TCE TCE TCE r ea �e r rr"�C►r r_ .. �- TCE TC£ ret TCE TCE TCE --.i. TCE .,'' 's !� •�" "` L . .. Pr-ROW - - Pr-ROW - Pr-AOw -r--' Pr-1tOIC ... Pr PROIP W-ROW Pr ROW 1F / 1 -1 Mal C9 'J I ........ Srim -rr ___~! ....".. Tes. Mr en r`_'- ra ICE TCE TCE ICE TCE a $► LEGEND t�� o _ b- �� d� �I %itr ��ry ' v Don* CONTOURS .''S • 41 PROPOSED CONTOURS ea C 63'Y, PROP EDGE OF ASPHALT ENTRANCE STA 1 RIGHT I a SEE ENTRANCE SHEET5 cOf�,i Ofrtail$ M 5� 1 PROP EDGE OF SHOULDER Pa �f+ t S 0.63% ,ar ' OE 4 .a PROP FLOW UNE DITCH I sr �— ��A � ; ,' PROP TIE IN POINT ^' 4/I. SPOT ELEVI►TtpNS ts A itil O4 ,;;. Ne . 'il lit * n .11 r It DITCH FIOWd1C - T 321 1 a m r 10.i 71na 3i 4 — D9G Oli 3 _ �� jai 1 / Fl = FLOW UNE 1 HORSE CORRAL DIRT QUANTITIES REMOVE FENCE BEFORE / '3 '+r EXCAVATION EMBANKMENT NET IMPORT COIcSTRU�?1NC, 0. / it G� NOTE: FOR ENTRANCE GRADING (CU YID) (CU YD) (CU YO) GRADING SEE ENTRANCE '�. ' a $oii4V SHEETS 54 4076 _ 4022 a „r s �-eR_ v / ;7. ADJUST 9i. IN THE FIELD C - _ ,es ,s a0 KEEP INSIDE OF 'L �S� r basTI{�43 CAIN Ut1UTY NOTIFICATION asam--Clatrai>m°-- a / l� A t:tt in OF COltOtt,►rt. 811 y ...e. •, L. e/ amiilibuiena Is 0 SO 100 CA t 1 eusrrEss DAYS +r ADVANCE al Feet ,' / WOK YOU OC (MOE OR f_aCAVATt V*ttat BARKING OP uttlEtcRouND 7' At1EMBtR UTILITIES Computer File Information �'' Index of Revisions WELD COUNTY °"� ° 1ntJii t""°'S ""o- As Constructed WCR 13 AND WCR 34 INTER Project No /Code Date: Comments Iroals uw*WC DM 12/2BM Initials M DL tCrtulB SOJTN EAST RUVVAi,J MD_ .., _ PUBLIC 111HWORKS STREET IMEN7 No RttVItIIORS GRADING WCR 13-SHT3A fuIISc : ti A't, fi+_'S.wW Initials f y�tr , l,rt. i t r 1111 H fiTREET 1 Y. CO 90632-O758 Da Fia Nome f 'IINCrWat13•PIC pp�,343) , P O Sox s58 Kewsed oespfa M L}WC3{i if 1 t �,r ' G D NE A'4737)33:4113°- SRP-31 A' �� 2017 Scale* AS ACTED LW FAX 7 DeWiler M LAPORTE 1 Vacs Snits S.rt+oret Snot: Subset Sheet Number 59P ur 12; 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-8 FOR CR 13/34 Intersection Improvement Project (SRP-31) DOC: #2019-0792 CONTRACT ID: #2464 Acceptance of a Deed of Dedication from: LARRY AND WENDY CARMICHAEL e6: gO(fffrz) Cs -04- i q ©/ -d 79Z 66-00 7& DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this i•l day of rbruary , 2019, between Larry K. Carmichael and Wendy R. Carmichael, (referred to herein as "Grantor", whether one or more), whose address is 15892 Weld County Road 13, Platteville, CO, 80651, 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: Larry[ Carmichael GRANTOR: TIFFANE V. • SON NOTARY PUBLIC STATE OF COLORADO ) STATE OF COLORADO NOTARY �p ) ss. MY COMMON WPM IA4R N 4, 2010 COUNTY OF WELD ) The foregoing instrument was acknowledged before me this y' day of Larry K. Carmichael and Wendy R. Carmichael. armichael Witness my hand and official seal. , 2019, by 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 thiso ,IAJD 2019. air, Board of Co ! ty Commiss' i ners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1) (a). 4491815 Pages: 1 of 3 05/24/2019 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 02019-079.2 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION 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 -A OF RECORDED EXEMPTION NO. 1209-18-2-RE1311 (RE -1311) 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 UNE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 18 AS BEARING SOUTH 0017'08" 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 UNE OF SAID NORTHWEST ONE -QUARTER SOUTH 0017'08" EAST A DISTANCE OF 148.21 FEET TO THE NORTH CORNER OF LOT -A OF SAID RE -1311; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT -A SOUTH 43'20'41" EAST A DISTANCE OF 43.94 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND BEING THE TRUE POINT OF BEGINNING. TI IENCE CONTINUING ALONG SAID -NORTI IWESTERL-Y-UNE SOUTH 4370'41" -EAST--A-DISTANCE-73:23-FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE SOUTH 0017'08" EAST A DISTANCE OF 368.23 FEET; THENCE SOUTH 44'10'51" WEST A DISTANCE OF 28.55 FEET; THENCE SOUTH 00'17'08" EAST A DISTANCE OF 164.84 FEET TO A POINT ON THE SOUTH LOT -A; THENCE ALONG SAID SOUTH UNE SOUTH 8924'27" WEST A DISTANCE OF 30.00 FEET TO EXISTING EASTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 13; THENCE ALONG SAID RIGHT-OF-WAY UNE NORTH 00'17'08" WEST A DISTANCE OF 607.12 TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 25,511.11 sf. OR 0.59 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 RW-9 CARMICHAEL WELD COUNTY, COLORADO 2- G 0 U NT.Y- 4491815 Pages: 2 of 3 05/24/2019 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell � IMILri'AVIIIC k��l fah 1I 111 UNE OF SAID A POINT ON THE FEET TO THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE: 10-1 18 JDRAWN BY: JHB'SHEET:1 oft EXHIBIT -A IMOMMOMIEN POCK f i ---'c 111= s8 fir' 60' ROW 10/6/1875 RD-BK 2, PG 31 RO100/41 W 1/4 C0R. S18-T3N-R67W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX WCR 34 NW COR. S18-T3N-R67W 2" ALUM. CAP ON #6 RBR. 60' ROW 0 CT. 7, 1878-' ILLEG. IN MON. BOX / RD.BK.2./PG. 225 /.�"/ RD100/86 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A -TpO6 MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. f1 tN \ -...* \ \I 50' 1 8 r_ 141 PROPOSED ROW 25,511.11 sf.i/0.59 ac.± LINE TABLE BEARING DISTANCE LINE L1 S43'20'41"E 43.94' L2 $43'20'41 "E 73.23' 13 S4410'51"W 28.55' L4 589'24'27 W 30.00' LARRY K. & WENDY R. CARMICHAEL PARC.#120918000009 RP.CP.#2536171 LOT—A/RE-1311 RECP.#2239129 RIGHT OF WAY ACQUISITION RW-9 CARMICHAEL WELD COUNTY, COLORADO CL?UhIT_-- WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"=100 DATE: 10-1-18 4491815 Pages: 3 of 3 05/24/2019 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �+Ali I! III DRAWN BY: 1HB (SHEET: 2 of 2 Hello