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Home My WebLink About20194853.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION PROJECT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - EDWARD KINZER, MARJORIE A. KINZER FAMILY TRUST, AND MARJORIE A. KINZER MARITAL TRUST 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 Certain Property for Public Road Improvements (County Roads 54/17 Intersection Project) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Edward Kinzer, Marjorie A. Kinzer Family Trust, and Marjorie A. Kinzer Marital Trust, P.O. Box 980, Johnstown, Colorado 80534, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Certain Property for Public Road Improvements (County Roads 54/17 Intersection Project) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Edward Kinzer, Marjorie A. Kinzer Family Trust, and Marjorie A. Kinzer Marital Trust, 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. L�� (Po) / ce.�. Pc,l(T3/£R(CH), GcTcSc. (ca) 12/23/19 2019-4853 EG0076 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION PROJECT) - EDWARD KINZER, MARJORIE A. KINZER FAMILY TRUST, AND MARJORIE A. KINZER MARITAL TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WEED COUNTY, COLORADO ATTEST: d 1) �C.L�•� Weld County Clerk to the Board BY: Deputy Clerk to the Boar APROVED AS TO FOR Ass .County A ttorney Date of signature: 11/27/19 arbara Kirkmeyer, c Mike Freeman, Pro -Tern Sea Conway �✓ tt K. James Steve Moreno 2019-4853 EG0076 U�n+aact r0 # 3QCo ' MEMORANDUM TO: Esther Gesick, CTB DATE: November 8, 2019 FROM: Tiffane Johnson, Public Works SUBJECT: Purchase and Sale Agreement for Edward J. Kinzer, Marjorie A. Kinzer Family Trust & Marjorie A. Kinzer Marital Trust Please place the attached Purchase and Sale Agreement on the BOCC Agenda. Once the agreement has been signed, please return an electronic copy of the signed version back to me so that we may proceed with payment This Purchase and Sale Agreement is for acquisition of Right -of -Way (ROW), Permanent Easement and Temporary Construction Easement (TCE)) parcels required for construction of the WCR 54 and WCR 17 intersection improvement located just north of the Town of Johnstown. The permanent easements were acquired on behalf Poudre Valley Rural Electric and replaced an existing easement for a service pole. Total compensation for this acquisition is $26,585.00. The area acquired from the owner included: • 2.33 acres of ROW for $18,873.00 • 0.002 acre of PE for Poudre Valley REA $500.00 • 0.64 acres of TCE $1.037.00 • Incentive $6,135.00 The valuation of the acquisition was based off the appraisal prepared for the County with a recommended per acre land value of $8,100.00 per acre. Staff negotiated a voluntary settlement with the landowner in lieu of condemnation. 2019-4853 Si!'*vim #iat'ansn*sziidm****ties +Want feta4 $Hilt.,+St* eilt Nat airswaa toe44lett4Sty 44 • SO;la 01444-14114 4 Mit WM 4 eistilliti nen 44.14444114.4*.11 sasu tia tassasne11gB . Mr 4es• - .,Se44Ilit y { 4.t#MitMMERVJM $ita frill.4a 44usttilit pa met %irraza /,77" KINZER AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN EDWARD J. KINZER, MARJORIE A. KINZER FAMILY TRUST & MARJORIE A. KINZER MARITAL TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this o�J' day of (1,0 Vu» , 2019, by and between EDWARD J. KINZER, MARJORIE A. KINZER FAMILY TRUST & MARJORIE A. KINZER MARITAL TRUST, whose address is P.O. Box 980, Johnstown, CO 80534, 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 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 WCR 54 and Weld County Road 17 which will include the addition of a roundabout for the new roadway (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: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A - RW 6 - Description, Depiction, and Form of ROW. Exhibit B - PE 6 - Depiction and Form of PE. Exhibit C - TCE 6 - Description, Depiction, and Form of TCE. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Twenty -Six Thousand Five Hundred Eighty -Five and 00/100 Dollars, ($26,585.00) ("Total Compensation" rounded). a. Owner agrees to sell and County agrees to purchase at Closing the Public Road Right -of -Way described and depicted on Exhibit -A, RW-6 for the sum of Page 1 of 5 4546658 Pages: 1 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 ao/9- z/8�3 Page 2 of5 AGREEMENT FOR THE. PURCI IASF.OF G - C I AIN PROPERTY I•'OR PUBLIC ROAD IMPROVEMENTS BETWEEN KINZER AND \VEI I) COUNTY, COLORADO Eighteen Thousand, Eight Hundred and Seventy -Three and 00/100 Dollars, ($18,873.00). b. Owner agrees to sell and County agrees to purchase at Closing the Temporary Construction Easement described on Exhibit -C, TCE-6 for the sum of One Thousand, Thirty -Seven and 00/100 Dollars, ($1,037.00). c. Owner agrees to sell and County agrees to purchase at Closing the Permanent Easement described on Exhibit -B, PE -6 PVREA (service line relocation) for the sum of Five Hundred and 00/100 Dollars, ($500.00). d. For the purpose of expediting the Project, County offers and Owner accepts an incentive of Six Thousand, One Hundred and Thirty -Five and 00/100 Dollars ($6,135.00) ("Incentive Payment") if this Agreement is properly executed by Owner and received by County or its representatives on or before September 9, 2019 ("Incentive Date"). If this Agreement is not properly executed and received by the County on or before the Incentive Date, the Owner shall not be eligible, and the County shall not be obligated to pay the Incentive Payment. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. III. PUBLIC ROAD RIOIIT(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, RW-6. 2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of - Way to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement; or, if the Right -of -Way is financially encumbered, within 30 days from the date the title company closing the transaction on behalf of the County receives a partial release(s) of, or binding commitment from the lienholders/lenders to issue partial release(s) of, financial encumbrances affecting the Right -of -Way. The Deed of Dedication shall not be valid until accepted and approved by the Board of County Commissioners. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. 4. Owner has entered into this Agreement only because the County has the power of eminent domain and requires the property for public purposes. Page 2 of 5 4546658 Pages: 2 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppel+, Clerk and Reoorder, Weld County, CO �� giRIiriIilikvatiVid 'eharifiti Mti1 NA Bill Page 3 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENT'S BETWEEN KINZER AND WELD COUNTY. COLORADO 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, PE -6 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 agrees to convey a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit -C, TCE-6. 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, Permanent 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, Permanent and Temporary Construction Easements to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of - Way, Permanent and Temporary Construction Easements. 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, Permanent Easement, Temporary Construction Easement, and 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 be binding upon the Owner upon the date of signature by the Owner. Page 3 of 5 4546658 Pages: 3 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO iv INFJP:MICkliMilliTivillinVill lei & AI II Page 4 of 5 AGREEMENT FOR THE PURCI LASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN KINZER AND WELD COUNTY, COLORADO This Agreement shall be binding upon the County upon approval 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 the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. Page 4 of 5 4546658 Pages: 4 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO VIII INFjc: ICI EMIKIk'xr 1i ii Page 5 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN KINZER AND WELD COUNTY, COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Edward J. Kinzer Marjo .e A. Kinzer Fami y rust - Trustee arjorie A. Kinzer Marital Trust - Trustee ATTEST• day ) W . p;&k, BOARD OF COUNTY COMMISSIONERS Weld •o t Clerk to the Beard W LD COUNTY, COLORADO Deputy CI; toiia Bo. t f : arbara Kirkmey r, Chair County Attorney Page 5 of 5 4546658 Pages: 5 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NUr.anwici L GoI 11111 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 28, TOWNSHIP 5 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. 0957-28-3 RECX14-0146 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4135280 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 5 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 28 AS BEARING SOUTH 00'09'52" EAST, A DISTANCE OF 2608.75 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28, SOUTH 00'09'52" EAST A DISTANCE OF 59.76 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'50'08" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 17 SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1409793, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG THE SOUTH LINE OF SAID PARCEL NORTH 89'22'56" EAST A DISTANCE OF 30.00 FEET; THENCE CONTINUING ALONG SAID PARCEL UNE NORTH 00'09'52" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 54; THENCE DEPARTING SAID PARCEL LINE AND ALONG SAID SOUTH RIGHT-OF-WAY LINE NORTH 89'22'56" EAST A DISTANCE OF 1305.78 FEET TO THE EAST LINE OF SAID LOT -B; THENCE ALONG SAID EAST LINE SOUTH 00'11'06" EAST A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID EAST UNE SOUTH 89'22'56" WEST A DISTANCE OF 1145.80 FEET; THENCE SOUTH 55'49'55" WEST A DISTANCE OF 168.87 FEET; THENCE SOUTH 00'09'52" EAST A DISTANCE OF 757.95 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3241691; THENCE ALONG SAID NORTH LINE SOUTH 89'50'08" WEST A DISTANCE OF 50.00 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 17; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00'09'52" WEST A DISTANCE OF 860.89 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 101,618.81 sf. OR 2.33 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-6 KINZER WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 DATE:12.05- 1 S SCALE DRAWN BY: DRH1SHEET: 1 of 2 4546658 Pages: 6 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II EXHIBIT -A S00'09'52"E 757.95' r of r n r- -P r- W r- N —z rr., m CO UrZ z z to OsOO (0 0 0 CO to CD to O 0 co a-Idd 0 t(NOUOg OO Mrrirrim TABLE __ 0000 w OtwDmi K? O 0.0.0.0.0.0 O O o o V> _n Z m NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION KINZER WELD COUNTY, COLORADO c0 iSHOECRAFT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: 1"=-200 DATE:12-05-18lDRAWN BY: DRH SHEET: 2 of2 4546658 Pages: 7 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO MA4,11111 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of September 2019, between Edward J. Kinzer, Marjorie A. Kinzer Family Trust & Marjorie A. Kinzer Marital Trust, (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201( l)(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: Edward J. Kinzer Marjorie A. Kinzer Family Trust — Trustee Marjorie A. Kinzer Marital Trust — Trustee STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Edward J. Kinzer. Witness my hand and official seal. Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of . 2019, by Marjorie A. Kinzer Family Trust — Trustee. Witness my hand and official seal. Notary Public 4546658 Pages: 8 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Wild Bill STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Marjorie A. Kinzer Marital Trust — Trustee. 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(1Xa). Dated this day of ATTEST: Weld County Clerk to the Board By: , 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4546658 Pages: 9 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II II W Computer Filo Information WIEDEM4N t.- 10 RD PROPOSED 1 TELEPHONE AND CENTURYRELOCATED �« r FIBER OPTIC — EASEMENT TELEPHONE AND FIBER � (CG•RURYL'NRQ R' CRTC (CENTUFYLEAQ I PE — FE 1— h' �..VE� dROPOEiO ROOD IMO H10P RCL 'rE REEK REB — VT♦= - ROT — EOM�QC% CENTIMLINE 0 - '' LO Ow COA Eon F0A — E0A — LOA — LOA — EOM. EOA EOA COA E0A=.�L' LG .EOA /20/7=-C ZQ COA 7q=n 1rA0 11E.00 (Tf,00EDA V1fCR� 120.00- T — Sd� Sd k L21•W OIMx .°J^ ` COO — EOA — EDO — COO — ECM — EOM — EOA — E.— EDA — EOA — COA — y COO — i EAU E0A EW Cy _ EON EOA EDA ;ow ---- ROR—A?.• RELOCATED GAS UNE /CCP) 20 CO PROPOSED lOCR MIDSTREAM GAS EASEMENT PC _ — — Ii PC o DUSTUPS 2000 OCP MIDSTREAM CAS EASEMENT EA,GTNG GAS USE (DCP� EXHBIT B POUDRE VALLEY REA APPROXIMATE SERVICE UTILITY RELOCATION COSTING TELEPHONE MARKER IRRIGATION / STORM /r (CENTURYUNKJ LINE / }— I -_ I-- _, ----- n.-- D/rI C OVERHEAD ELECTRIC IPVREA: 0M -E— Co. -4 D/n E— om-c PROPOSED SCORIA LUE TELEPHONE PEDE STN. (LEMUR)UNQ or ROA P ROW P, -ROM -W w Pr-ROO—r P,-0.011 IT -ROY —.PE — OEFa<Ora VO.DOICLW -L ui0Ae01s ETUQOT0 MmHS CLAN' 'iJ NC. w�5A-^. N{aA+Aa9u W,K•.. �wa�u.AHnnv Our:: An Yam V,OR •w_URLUL: ONTO ..a -.41W w LOES- kw RSOOTED Iwo Fa¢an RELOCATED WATERUME ILIAC) 20 co PROPOSED LINO WATERLINE EASEMENT IACOURED BY OTHERS) index of Revisions Commas: l PE KINZER 50 KEYNAP ---M— NOTES: 1 THESE DRAW NOS ME NOT FOR CONSTRUCTION PURPOSES THEY ARE MENDED TO EE USED SOLEY FOR URUTES RELOCATION PLANNING All OTIU'1 ES COMPANIES SHALL BE RESPONSIBLE FOR THEIR CA i CONSTRLC EON DRAW NOS S TIESE DRAIMNGS CO NOT SHOW EX:STING UTILITIES TO BE REMOVED OR ABANDONED ANY ABANDONED BURIED PIPELINES WHICH RAE 7 CO GREATER IN DaEMETET SHOAL BE REMOVED BY TIE minas COYPA.7E$ CATS own. Rot...RicR CENTER Cr COLORADO 861 10D CALL e{USn ESE OATS IM PENANCE BEFORE YOU NC. GRADE, On EAGVATE Feel FOR THE U A[AC OF Un CERGROUMO WEIRER UTARIEA OM M M WELD COUNTY As Constructed PUCE= In XI_IXENT ET Po Roc TSSR DYE NONE >bA70D FAA ( 70l3Bgbet WCR 54 / 17 INTERSECTION UTILITY RELOCATION PLAN (SHT 8) Otero C_WTWHE ORLIIN C W0CWT SAeENRR R Project No./Code RoMad. Void SRP-20 shoe &Asa Ste. Nurgne, at of 170 EXHIBIT B POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT —UNDERGROUND KNOW ALL MEN BY THESE PRESENTS, that X KINZER EDWARD) AND KINZER MARJORIE ANN [Print full narne(s) (single, joint, partnership, LLC, corporation, incorporated association)[ is (arc) the rnvner(e) of reconl [collectively "Grantor"[ and for a good and valuable consideration, the receipt of when is hereby acknowledged, do(es) hereby grant unto Pnudre Valley Rural Electric Association, inc., ("Association') a Colorado cooperative association, whose post office address is Port Collins, Colorado, and to its successors and assigns, a perpetual tight -of -way and easement, upon these particularly described lands of the Grantor ["Easement Areal; X AN !BASEMENT i0Ft.E.I' WIDE. S FEET EACH SIDE OF POWER LINE CFNTE X AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER # X RECEPTION No. County Welds Parcel 095728200002 X Township ON, Range ¢2W, Section 18 for the purposes of constructing, rteonstrucong, inspecting, upgrading, increasing voltage or line capacity, modifying, operating, repairing, maintaining, and extending from time to time an underground electric line or system [including without limitation any communications facilities, fiber optic facilities, wireless transmitters and receivers and phone tine carrier equipment and other communication equipment of any kind of the Association or its assigns], including without limitation above and below ground fixtures, structures, conductors, cables, wires, arrestors, footings, conduits, shove and below ground vaults, above and below ground transformers, above and below ground pads, and stove and below ground enclosures (collectively "Facilities"[, on, over or under the Easement Area Grantor, and Grantor's heirs, successors, personal representatives and assigns, also grams to the Association the following rights and Grantor, and Grantor's heirs, successors, personal representatives and assigns, agrees to the following provisions: A For the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and shrubbery located within the Easement Area and outside the liasemcnt Area fora reasonable distance from the centerline of said line or system and to cut down all dead, weak, !caning or dangerous trees or limbs in or adjacent to the Easement Area as may, in the opinion of the Association or its assigns, otherwise endanger the Facilities B Grantor shall not construct or permit the construction of any temporary or permanent buildings, structures (including without limitation trailers or mobile homes), signs, or wells on, under, or over the Easement Area or that impair or impede the access of the Association to its Facilities 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 Arca or interfere with the exercise of any of the rights herein grated Grantor shall not without the prior written approval of the Association, bndd, create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or Bandar improvements, permanent or temporary, nor allow the impoundment of water on the Easement Area Any of the improvements or structures described in this Easement may be hereinafter called "Improvements." No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to sac, Improvements In addition, no such failure by the Association to remove or otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor Grantor shall not grant any other easement, right -of way, permit or license upon, under or aver the tdaseincnt Arm without the poor written consent of the Association, which consent shall mat he unreasonably withheld. C: Grantor grants the Association and its assigns the right of access for ingress and egress over the Easement Arm and the adjoining lands of Grantor and the right to use the roads or trails, whether public, private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed from time to time U Grantor agrees that all Facilities installed by or for the Association shall remain the property of the Association, relrcatable and removable at the option of the Association Grantor shall not perform any act that will impair the structural integrity of, interfere with, or endanger the facilities Without limiting the foregoing, Grantor shall not, without the prior written approval of the Association, alter the existing ground elevations or change the compaction of the soil on the Easement Area Non use or a limited use of the Easement Area shall not prevent the Association 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 Arca, the Association shall restore the surface of the Easement Arca 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 the Association unless mode in writing and executed by an authorized representative of the Association (or its successor or assign, if applicable). The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the .Association of any slits hereby expressed rights. e Grantor warrants that Grantor is the owner in fee of the above described lands and will defend the tide thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following X MORTGAGE COMPANY NAME: Grantor shall contact the utility Notification Comer of Colorado (I -t100-922-1987), or any similar one -cal utility line locator system which may replace or supplement it, at least four business days (or such longer rime if required by applicable law) prior to the commencement of construction or excavation oil the Ifascmcoi Area to arrange for held locating of Facilities. X IN WiTNItiSS WHEREOF the undersigned has set his hand and seal this day of 20 X (Owner[ �. X [Owned is X l(Iwncr( ?s X [Owner' b. X SI'A'fl( OP ) X COUNTY Olt ) ss. X The foregoing instrument was acknowledged before sir his day of , 2(1 by: p,ar Err ( iaa l its r r u rcnttn N v vl l;rsll X?s My Commission Expires' SI,AI, Notary Public (Stellar Are) lttcr Hi. nnit,y; Ilet.,m lo - Pi' [ION 2725i1i ,'iiii I' COI I I'B'S, 4546658 Pages: 11 of 13 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO [III I �I�R4 TM: OP Yid 1101 EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 2B, TOWNSHIP 5 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. 0957-28-3 RECX14-0146 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4135280 ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: QQMMFNCINQ. AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 67 WEST, 0LSCNIbWD AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28 AS BEARING SOUTH 00'09'52" EAST, A DISTANCE OF 2608.75 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28, SOUTH 00'09'52" EAST A DISTANCE OF 162.70 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'50'08" EAST A DISTANCE OF 80.00 FEET TO THE I I.11; POINT OF gEGINNING,. THENCE NORTH 55'49'55" EAST A DISTANCE OF 168.87 FEET; THENCE NORTH 89'22'56" EAST A DISTANCE OF 1145.80 FEET TO THE EAST LINE OF SAID LOT -B; THENCE ALONG SAID EAST LINE SOUTH 00'11'06" EAST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'22'56" WEST A DISTANCE OF 1142.71 FEET; THENCE SOUTH 5549'55" WEST A DISTANCE OF 160.54 FEET; THENCE SOUTH 00'09'52" EAST A DISTANCE OF 712.63 FEET; THENCE NORTH 89'50'08" EAST A DISTANCE OF 182.00 FEET; THENCE SOUTH 00'09'52" EAST A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3241691; THENCE ALONG SAID NORTH LINE SOUTH 89'50'08" WEST A DISTANCE OF 192.00 FEET; THENCE DEPARTING SAID NORTH LINE NORTH 00'09'52" WEST A DISTANCE OF 757.95 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 27,922.48 sf. OR 0.64 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-6 KINZER WELD COUNTY, COLORADO 4546658 Pages: 12 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE DATE: 3.01-19 DRAWN BY: DRNISHEET: 1 of 2 VIII NUM M.r WII:WiItrhWilli' II EXHIBIT -C SIIOE:CRAI'1. @L1SBIO BEARING 1•0QQ9' 2"E 260$•75 WCR l / MM. MIN 1 •MMIII MM. N00'09'52"W 7 7..5' •Ao01110N z r z Nui 0 O 0 O co R1 S00'09'52"E 712.63' DIial P W N � z 00ni 00NCO0 BEARING WO DItD0 0 t oo N -' AD0o 1 2 m COMM • • 1ujs it NJ ...1• v No N).0 t 0930N3 0 OOO . • pp N D o O Q co O D 2 m -"0 m H- O r a MI 0J w. 42708 N u-�NJ Ni 4k 00 � Oo o N O 0 0 0 N -a a a a a NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-6 KINZER WELD COUNTY, COLORADO a C N T_Y N O 0 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 DATE: 3-01-19 SCALE! 1"-200 DRAWN BY: DRH!SHEET: 2 of 2 4546658 Pages: 13 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 l��I�'�14 t�n�.�IPL�MJ�'aI 11111 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between EDWARD J. KINZER, MARJORIE A. KINZER FAMILY TRUST and MARJORIE A. KINZER MARITAL TRUST (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 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. 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 (2) 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. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4546658 Pages : 14 of 13 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppers, Clerk and Recorder, Weld County, CO �� ValiriVATIMili NUM Nit WILititINId 11111 Edward J. Kinzer Marjo 'e A. Kinzer ti l Trust — . r 1,01.46441 — y'm1Y uste.e MarJc1'rte A. Kinzer arttal Trust Trustee t loctc STATE OF-eetORAD'j SklS COUNTY OF-WL*LIT The foregoing instrument was acknowledged before me this3CC\ day of by Edward J. Kinzer ) ) ss. ) % Notary Public — State of Florida ' Commission ft GG 167275 • _ % � My Comm. Expires Feb 27, 2022 , •`• . / Bonded :nrougn Naxne No,xyawe. I STATE OF COLORADO COUNTY OF WELD seal. ) ) ss. ) 019, The foregoing instrument was acknowledged before me this day of , 2019, by Marjorie A. Kinzer Family Trust - Trustee Witness my hand and official seal. Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Marjorie A. Kinzer Marital Trust— Trustee Witness my hand and official seal. Notary Public 4546658 Pages: 15 of 15 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO lIII�U��QI��'1�4�1y+��l�Krh��'Kr't�'�'��tiw 11111 Entity Information Entity Name' KINZER, EDWARD tity ID* @00041433 Contract Name* Contract ID AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY 3262 Contract Status Contract Lead* CTB REVIEW TVJOHNSON Parent Contract ID Requires d YES Contract " ° • ii l Department Project if tvjohnson@co weld.co.us Contract Description* AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN EDWARD J. KINZER, MARJORIE A KINZER FAMILY TRUST & MARJORIE A KINZER MARITAL TRUST AND WELD COUNT(. Contract Description 2 FOR PAYMENT OF CONTRACT OF $26,585 00 2/3 GOES TO EDWARD J. KINZER FOR $17 723 33 1/3 GOES TO THE MARJORIE A. KINZER TRUSTS AS - MARGORIE A. KINZER FAMILY TRUST FOR $7.261.95 & MARJORIE A. KINZER MARITAL TRUST FOR 1599.72 EDWARD IS TRUST OFFICER. Contract Type AGREEMENT Amount' $26 585.00 Renewable* NO Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks@weldg©v.com ►:, rtment Head Email CM-PublicWorks- DeptHead@weldgovcorn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU N TYATT ORN EY(@ WEL D GOV. COM Requested BOCC Agenda Date* 11/25/2019 Due Date 11/21/2019 Will a work session with BDCC be required? r NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note- the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base act Dates Effective nate Termination Notice Period Contact Information 1111 2 9 Renewal Date Expiration Date 11/19/2020 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 11)21/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/25/2019 Originator TVJOHNSON Finance Approver CHRIS D'OVIDIO Purchasing Approved Date Finance Approved Date 11/21/2019 Tyler Ref 1 AG 112519 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 11/21/2019 Submit MEMORANDUM TO: Clerk to the Board DATE: February 20, 2020 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Consent Agenda RE: Edward J. Kinzer, Marjorie A. Kinzer Family Trust & Marjorie A. Kinzer Marital Trust, LLC- Weld County Road 17 and 54 Improvement Project Agreement for Purchase Docket 2019-4853 Acceptance of Deed of Dedication for Public Road Right of Way. Gonscoi- atranda., 031080 e- & Puierffiss 3-02 ' 'at' 3- I g- -6. goc9 -Lici53 8.,6001 G DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 3 day of September 2019, between Edward J. Kinzer, Marjorie A. Kinzer Family Trust & Marjorie A. Kinzer Marital Trust, (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: an i ne A. KinzeYFamily Trust — Trustee Edward J. Kinzer STATE OF -COLORADO cct06.4f Ac� COUNTY OF ALT) heire ) ss. The foregoing instrument was acknowledged before by Edward J. Kinzer. Mar orie A. Kinz arital Trust — Trustee Witness my hand and official s me this at -day of STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this by Marjorie A. Kinzer Family Trust — Trustee. Witness my hand and official seal. LINDA M. ROSSETTI Notary Public — State of Florida Commission # GG 167275 °;: My Comm. Expires Feb 27, 2022 Bonded through National Notary Assn, Al ,2019, day of , 2019, 4572321 Pages: 1 of 4 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III Fur �'��I' � t �l� i� iii«7MIda Notary Public g ci-98'53 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Marjorie A. Kinzer Marital Trust — Trustee. 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 asa Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of ATTEST: -07. .. te i Weld .0 tyClerktotheBo By: *No Deed of Dedication is valid 43-2-201(1) (a). 4572321 Pages: 2 of 4 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO , 02-A.2D BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair, Board of County Commissioners Board of County Commissioners pursuant to C.R.S. f EXHIBIT -A RIGHT-OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 28, TOWNSHIP 5 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. 0957-28-3 RECX14-0146 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4135280 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 5 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 28 AS BEARING SOUTH 00'09'52" EAST, A DISTANCE OF 2608.75 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28, SOUTH 00'09'52" EAST A DISTANCE OF 59.76 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'50'08" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 17 SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1409793, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG THE SOUTH UNE OF SAID PARCEL NORTH 89'22'56" EAST A DISTANCE OF 30.00 FEET; THENCE CONTINUING ALONG SAID PARCEL LINE NORTH 00'09'52" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY UNE OF COUNTY ROAD 54; THENCE DEPARTING SAID PARCEL UNE AND ALONG SAID SOUTH RIGHT-OF-WAY LINE NORTH 89'22'56" EAST A DISTANCE OF 1305.78 FEET TO THE EAST LINE OF SAID LOT -B; THENCE ALONG SAID EAST UNE SOUTH 00'11'06" EAST A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'22'56" WEST A DISTANCE OF 1145.80 FEET; THENCE SOUTH 55'49'55" WEST A DISTANCE OF 168.87 FEET; THENCE SOUTH 00'09'52" EAST A DISTANCE OF 757.95 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3241691; THENCE ALONG SAID NORTH UNE SOUTH 89'50'08" WEST A DISTANCE OF 50.00 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 17; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00'09'52" WEST A DISTANCE OF 860.89 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 101,618.81 sf. OR 2.33 oc. 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-6 KINZER WELD COUNTY, COLORADO '- GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: DATE: I2-05-I8IDRAWN BY: DRIIISHEET: 1 of 2 4572321 Pages: 3 of 4 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1 �1�C�Ili� aL�4.V4�� 1 S P �riiJ �h��M Ii Yl II II r EXHIBIT -A S00'09'52"E 757.95' miarnm_02J I oDoorncx .MPE?' Ox wZ Wm . Il N W e F.�m 0 4.• O 4..▪ ?0IQ N O • A 4,m0 f vs !RA• m 02 0 R m 410 m CoU' � GI I) � Z MI C° COCO CO o I BEARING O O O cD O O oJ(ODNO(O oON OornN m g Uc0cr o m a 31 m N m E TABLE (n�(,4ww(n 00000$v DISTANCE I 0 0 0 0 0 0 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION KINZER WELD COUNTY, COLORADO c_o SHOFCRAFT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 DATE:12-05-18 SCALE: 1"=200 DRAWN BY: DRH SHEET: 2 of 2 4372321 Pages: 4 of 4 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii NUrj J w��1�94C1 .i til4� �'ri� R�14ti+�i'� IrU� 1I 111 Hello