HomeMy WebLinkAbout20182500.tiffRESOLUTION
RE: APPROVE EASEMENT QUIT CLAIM DEED TO TRANSFER THREE (3) SLOPE
EASEMENTS AND AUTHORIZE CHAIR TO SIGN - TOWN OF ERIE
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 Easement Quit Claim Deed to Transfer
three (3) Slope Easements from 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, to the
Town of Erie, commencing upon full execution, with further terms and conditions being as stated
in said easement quit claim deed, and
WHEREAS, after review, the Board deems it advisable to approve said easement quit
claim deed, 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 Easement Quit Claim Deed to Transfer three (3) Slope Easements
from 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, to the Town of Erie, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said easement quit claim deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of August, A.D., 2018.
ATTEST: �"Qt'�itA) v• ;t1
Weld County Clerk to the Board
Deputy Clerk to the B
APPROVED AS TO FOR
Asst. County Attorney
Date of signature: .08-#23-18
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
St a e Moreno, Chair
Mike Freeman
cc..! Cat F'H ), PWC ER)
9— i7L—i 1
2018-2500
EG0075
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
Transfer of Slope Easements to the Town of Erie
DEPARTMENT: County Attorney/Public Works DATE: 7/25/18
PERSON REQUESTING: Frank haug
Brief description of the problem/issue:
Erie contacted us about some slope easements located near WCR 10.5 and WCR 3. The slope
easements were granted to the county by the previous owner of the lots for purpose of making sure
that snow didn't pile up on the road. Those owners have since sold the property to a developer. The
roads involved have been annexed into Erie and we no longer maintain them. Erie is approving a
development on the property and wants to get the easements cleared so they don't have to worry
about them as they rebuild the area. In speaking with public works, we do not see any reason for the
county to retain them. However, in order to avoid an issues or liability, we are asking the board to
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Deed the slope easements to the town of Erie.
2. Vacate the easements
3. take no action
Recommendation:
Option 1
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve
Recommendation Work Session
Schedule
Other/Comments:
2018-2500
E,Goo1S
When recorded return to:
Town of Erie, Colorado
Attn: Jessica Koenig, Deputy Town Clerk
645 Holbrook Street
P.O. Box 750
Erie, Colorado 80516
EASEMENT QUITCLAIM DEED
THIS EASEMENT QUITCLAIM DEED, made this 6th day of Aug.,,2018, between
COUNTY OF WELD, a political subdivision of the State of Colorado ("Grantor" or "Weld
County"), and TOWN OF ERIE, a Colorado municipal corporation, organized and existing under
and by virtue of the laws of the State of Colorado, whose legal address is 645 Holbrook Street,
P.O. Box 750, Erie, Colorado 80526, of the Town of Erie and County of Weld, State of Colorado
("Grantee" or "Town"):
WITNESSETH, that Weld County is the grantee of a certain Easement consisting of three
(3) documents recorded in the records of the Clerk and Recorder of Weld County, State of
Colorado on January 30, 1998 at sequential Reception Nos. 2591729, 2591730 and 2591731, the
legal descriptions for which are described therein (collectively the "Easement") and the purpose
of which Easement is for the back sloping of the hill to the north of Weld County Road 10.5 so
that snow will not drift and collect on the road surface; and
WITNESSETH, that portion of Weld County Road 10.5 adjacent to the Easement has
been annexed to the Town and the Town desires to obtain the rights to the Easement; therefore
That the Grantor, for and in consideration of the sum of Ten and No/Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sells and quitclaims to Grantee, its successors and assigns forever, all of
Grantee's right, title and interest, if any, in and to the Easement subject to all obligations of Grantee
set forth therein.
IN WITNESS WHEREOF, Grantor has executed this EASEMENT QUITCLAIM DEED
as of the date set forth above.
WELD COUNTY,
A political subdivision of the State of Colorado
By:
Name: Steve Moreno
Title: BOCC Chair
AUG 0 6 2018
4422342 Pages: 1 of 1
08/10/2018 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
111IAA III III
o/1-02 'a)
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 6th day of Aug, 2018, by
Steve Moreno as BOCC Chair of
County of Weld, a political subdivision of the State of Colorado.
[SE
WITNESS my hand and official seal.
Notary Publi1 Lynn Ho
My Commission Expires: 12/19/2018
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC, 19, 2018
1-7 21
EASEMENT
THIS EASEMENT, granted this i / day of ! • , 1998 between Mary Alice Billings, as to
an undivided 2/3 interest, Owner whose legal address is 2'246 Riverside Drive, Lyons, Colorado 80540, the Grantor,
and the County of Weld, a political subdivision of the State of Colorado, whose legal address is P.O. Box 758, 915
Tenth Street, Greeley, Colorado 80632, the Grantee.
WITNESSETH, that the Grantor, for good and sufficient consideration paid to the Grantee, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an
easement over and across the following described parcel of real property owned by Grantor and situated in the
County of Weld and State of Colorado, to wit: The real property described in the attached Exhibit "A".
This Easement is for the purpose of back sloping the hill to the north of Weld County Road 10.5 so that
snow will not drift and collect on the road surface and maintaining said area for the benefit of and appurtenant to
that land, or any part thereof, situated in the County of Weld and State of Colorado, described as the right-of-way
known as "Weld County Road 10.5" which Grantee owns and has an obligation to maintain.
This Easement is permanent and shall become effective upon signature of the Grantor.
The Grantee agrees to repair and maintain the easement granted herein at the sole cost and expense of the
Grantee, and -that said -Grantee -will-nrrway-himler-orprevent-the proper andreasonableuse and enjoyment of the
property through which the easement is granted. The Grantor will not build or maintain any buildings or structures
within the easement which will hinder or prevent the proper and reasonable use of the easement by the Grantee.
Signed and delivered the 26th day of January
OWNER
, 1990.
By: 1//l(.A.i.�
Mary Ali@e Billings
STATE OF COLORADO )
)
COUNTY OF WELD )
The-furegoing instrumentwas-acknowledged before me this 2-6 th
SS.
Mary Alice Billings, Owner.
My Commission expires 02/03/ , 2001, Witless my hand and official seal.
ca
4/ ,
�••. i' ,..
day of Ja i rY - • • �� , 1999'1'Iby
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2691729 01/30/1998 02;29P Weld County CO
1 of 3 R 0.00 D 0.00 JR Suki Tsukamoto
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OCT-08-97 04:10 PM EHRHART GRIFFIN & ASSOC. 303 829 3418 P.03
Il_ EHRHART- GRIFFIN. ta ASSOCIATES
LAND SURVEYING • CAb0 DRAFTING
October 12, 1997
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7. TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO, BEING
MORE PARTICUALLY DESCRIBED AS FOLLOWS:
COMMENCING_ AT T$E_ NORTH QUARTER CORNER OF SAID SECTION 7; S01"05'06" E
ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE 017 -258T.90 -FEET -TO -
THE TRITE POINT OF BEGINNING; THENCE 801°05'06"E CONTINUING ALONG SAID EAST
OF
WELD COUNTY ROAD CE ANo 10 1/2;T THENCE NN89 1''333"E ALONG SAID NORTH RIGHT-ONORTH RIGHT -OP -WAY F WAY
LINE A DISTANCE OF 450.65 FEET; THENCE N 82°21'43"E A DISTANCE OF 246.38 FEET;
TRENCH S89°25° 13"E A DISTANCE OF 136.79 FEET; THENCE 6133°51'17"E A. DISTANCE OF
69.47 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 11610.34 SQUARE FEET OR 0.267 ARCH MORE OR LESS.
BASIS OF BEARINGS
$01°05'06"E A DISTANCE OF 2643.68 FEET ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER CENTER QUARTER IS 2" ALUM CAP LS 14070, NORTH QUARTER 2" ALUM CAP LS
14070.
1111111-111111111111 1111111I111111-1111ri111111-
2591729 01/30/1998 02;29P Weld County CO
2 of 3 R 0.00 D 0.00 JA Sukl Tsukamoto
EHRHART GRIFrIN St ASSOCIATIS • P,O, Box 930 • 575 Pierce Street • Erie, Colorado 80516 • 303-828-3340. 303.828-3418 j2v
10/08/97 16:14
TX/RX N0.4867 P.003
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TN P.O
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PP W/TEL. RISER
BENCtl1IERK
U.S. SOIL, CONSERVATION SERVICE ALUMINUM CAP
MONUMENT LOCATED 37 FEET NORTHWEST OF THE
INTERSECTION OF PIERCE AND PERRY STREETS. 13
FEET SOUTHWEST OF A FIRE HYDRANT. AND 2
FEET S 711 OF THE STREET SIGN (PIERCE AND
PERRY STREET). TONTT OF ERIE, COLORADO.
ELEV = „5024.95 USGS 1929 DATUM
N0NTHgID ILI�SG I3 IVISI0N
589'25'54.'W
:IE 759.5]' 011E LURE � OHE"J'0 — — OHE
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1729 01/30/1998 02:29P Nsld County CO
3 of 3 R 0.00 D 0.00 JA Sukl Tsukamoto
UNITS OF SLOPE
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EASEMENT
PP
PROPERTO OWNER
PARCEL /146707000030
THOMAS S. MORTON h JAMES NORTON
3191 WEST 151ST COURT
OPOOMFIELD. CO 80020
FgQ11 POINT ELEV - 50#921
NIGH POINT STA - 127+g4.84
LPN STA +• 125+16.21}
PIA ELEV - SOB5.94
AT -861
K 156.10
06316' VG
OLD RIGHT-OF-WAY LINE
PROPLR I, :IWNLG+
PARCEL 1146%0700Ll03i
MARY ALICE BILLII-ES
_'_46 RIVERSIDE DRIVE
LIONS, CO 6054D
STA 125+10.29-12 RIGHT
BEGIN 10:1 TAPER
•PERT: '..NALA
PARCEL #,46,'D.840O022
WOOLE I FAMIL, TOUT,
P.O. BOx
ALLENSPARK, CO 00510
LINE
CENTER I/A/CORNER
WELD CDUNTT' ROAD
UNITS OF SLOPE
EASEMENT
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_NE'W RIGHT -Or -WRY LINE DEDICATED
AT FLINT OF NORTHR2•;E FINAL PL I
AT:
STA 128930.24-24' RIGHT
ENO TO;1 TAPER
BEGIN 12' RIGHT TURN LANE
PROJECT NO.
97128
EHRHAf
GRIFFIN
ASSOCI
3915 Cumin} c.
Omolw. Nebroak,
402 / 551—C
• ENGINEPRlI
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2591730 01/30/1998 0229P Nald County CO
1 of 3 R 0.00 D 0.00 JA Suki Tsukamoto
EASEMENT
TI -HS EASEMENT, granted this 21stslay of ,la nu a ry , 1998, between Mary Alice Billings Trust,
c/o The First National Bank of Longmont Trust Department, P.O. Box 1159, Longmont, Colorado 80502-1159, as
to an undivided 1/3 interest, the Grantor, and the County of Weld, a political subdivision of the State of Colorado,
whose legal address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632, the Grantee.
WITNESSETH, that the Grantor, for good and sufficient consideration paid to the Grantee, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an
easement over and across the following described parcel of real property owned by Grantor and situated in the
County of Weld and State of Colorado, to wit: The real property described in the attached Exhibit "A".
This Easement is for the purpose of back sloping the hill to the north of Weld County Road 10.5 so that
snow will not drift and collect on the road surface and maintaining said area for the benefit of and appurtenant to
that land, or any part thereof, situated in the County of Weld and State of Colorado, described as the right-of-way
known as "Weld County Road 10.5" which Grantee owns and has an obligation to maintain.
This -Easement -is permanent and shall'become effective upon signature of the Grantor.
The Grantee agrees to repair and maintain the easement granted herein at the sole cost and expense of the
Grantee, and that said Grantee will no way hinder or prevent the proper and reasonable use and enjoyment of the
property through which the easement is granted. The Grantor will not build or maintain any buildings or structures
within the easement which will hinder or prevent the proper and reasonable use of the easement by the Grantee.
Signed and delivered the 26th day of nuary , 199 -
By:
M pAti
lic
/Le/ e'-- /44/ VI?
illings, Trustee
The First Na 'onal Bank of Longmont, as
Trustee . i e Mary Ai;ce Billings Trust
l
By: fit .citl,,
Steven E. Melvin, Sr. Vice President and Sr. Trust Officer
STATE OF COLORADO )
)ss. '„)1'.
COUNTY OF \ ) o -o
l
The foregoing instrument was acknowledged before me this 26th day of �dnu ry' i'•:•'.
Mary Alice Billings, Trustee and Steven E. Melvin, Sr. Vice President and Sr. Trust Offider.t
My Commission expires 02/03/ ,111D 2001. Witness my hand and official seal.
4
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OCT-08-97 04:10 PM EHRHART GRIFFIN 0 ASSOC. 303 826 3'318 P.03
El-ERHART GRIFFIN Ex ASSOCIATES
LAND SURVEYING • CAOO DRAFTING
October 12, 1997
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 61° P.M., COUNTY OF WELD, STATE OF COLORAI)O, BEING
MORE PARTICUALLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7; S011''05'06"E
ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 2583.90 FEET TO
THE TRUE POINT OF BEGINNING; THENCE S01°05'06"E CONTINUING ALONG SAID EAST
LINE A DISTANCE QF 29.76 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
WELD -COUNTY ROAD Nor 10-1/2; THENCE_N89°15'33"E ALONG SAID NORTH RIGHT-OF-WAY
LINE A DISTANCE OF 450.65 FEET; THENCE N 82°21°43"E A. DISTANCE OF 246.38 FEET;
THENCE 589°25'13"E A DISTANCE OF 136.79 FEET; THENCE S83°51'17"E A DISTANCE OF
69.47 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 11610.34 SQUARE FEET OR 0.267 ARCE MORE OR LESS.
BASIS OF BEARINGS
501 5'06"E A DISTANCE OF 2643.68 FEET ALONG THE EAST -LINE -OP SAID- NORTHWEST
QUARTER. CENTER QUARTER IS 2" ALUM CAP LS 14070, NORTH QUARTER 2" ALUM CAP LS
14070.
11111111111111111 P1111111111111111111 III 1111111111111
2591730 01/30/1998 02:29P Wrald County CO
2 of 3 R 0.00 D 0.00 JA Suki Tsuksmoto
EHRHAHT GRIfflN SS A5 o1WILS • P.O. Ur 930 . 575 Pierce Street • Erie, Colorado 80516. 303.828.3340 • 303.828-3418 f r
10/08/97 16:14
TX/RA NO.4867 P.003
•
= 30'
U.S.5SOIL CONSERVATION SERVICE ALUMINUM CAP
MONUMENT LOCATED 37 FEET NORTHWEST OF THE
INTERSECTION OF PIERCE AND PERRY STREETS. 13
FEET SOUTHWEST OF A FIRE HYDRANT, AND 2
FEET SOUTH CF THE STREET SIGN (PIERCE AND
PERRY STREET). TOWN OF ERIE, COLORADO.
ELEV = 5024.95 USGS 1929 DATUM
1111111111111111111111 IIII 1111111111111 III 11111 Ili1 IIII
29991730 01/30/1998 02:29P Wald County CO
3 of 3 R 0.00 D 0.00 JR Sukl Tsukamoto
PROPERTY OWNER
PARCEL Bi46707000031
MART ALICE BILLINGS
-246 Ro:ER51DE DRIVE
L+ONS; GO 60540
LIMITS OF SLOPE — — _ — — . — . .
EASEMENT / ~
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PARCEL fl4.5707000030
THOMAS S. NORTON A JAMES NORTON
319' REST 151ST COURT
PROOMFIELO. (0 80020
OLD RIGHT-OF-WAY ONE
ISSA 125+10.24-12' RIGHT
BEGIN 10:1 TAPER
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PROPERTY OWNER
PARLEI, )1407070000`1
WOOLLY FAMILY TRUST
P.O. SOX `23
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NEW R1GHT-OF-WAY ONE DEDICATED
A :NE CF V^•"1'Ir ID? E = FINAL =_
STA 126+30.24-24' RIGHT
END 10:1 TAPER
BEGIN 12. RIGHT TURN LANE
HIIjF1 POINT EtEV 50'9.21
IRQ POINT STA - 127+04.64
IPM STA - I25+16.2.7
PN E1EV 5065.95
A2. -NW
K 155.10
1063.16 VC
STA-
125+_"0
ELEV=5075.90
FINISHED GROUND IL
SPECIAL DITCH GRADE tihG'HT
9'15
PROJECT NO.
97128
EHRHAI
GRIFFI1'
ASSOCI
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Omaha, NebresW
402 / 551
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2891731 01/30/1998 02130P Weld County CO
1 of 2 R 0.00 D 0.00 JR Sukt Tsukamoto
EASEMENT
THIS EASEMENT, granted this�i f day of 4fx�ecs 199%, between The Woolley Family
Trust, Donna Woolley Trustee, P.O. Box 223 Aliens Park, Co. 80510, the Grantor, and the County of Weld, a
political subdivision of the State of Colorado, whose legal address is P.O. Box 758, 915 Tenth Street, Greeley,
Colorado 80632, the Grantee.
WITNESSETH, that the Grantor, for good and sufficient consideration paid to the Grantee, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an
easement over and across the following described parcel of real property owned by Grantor and situated in the
County of Weld and State of Colorado, to wit: The real property described in the attached Exhibit "A".
This Easement is for the purpose of back sloping the hill to the north of Weld County Road 10.5 so that
snow will not drift and collect on the road surface and maintaining said area for the benefit of and appurtenant to
that land, or any part thereof, situated in the County of Weld and State of Colorado, described as the right-of-way
known as "Weld County Road 10.5" which Grantee owns and has an obligation to maintain.
This Easement is permanent and shall become effective upon signature of the Grantor.
The Grantee agrees to repair and maintain the easement granted herein at the sole cost and expense of the
Grantee, and that said Grantee will no way hinder or prevent the proper and reasonable use and enjoyment of the
property through which the easement is granted. The Grantor will not build or maintain any buildings or structures
within the easement which will hinder or prevent the proper and reasonable use of the easement by the Grantee.
Signed and delivered the day of,) cewe' ' , 199Z.
Woolley F
By:,
Donna Woolley, Trustee
STATE OF COLORADO )
gne lcle r ) SS -
COUNTY OF'WEER )
The -foregoing instrument was acknowledged before me this s r 5T- day of Docc ;11.4e r , 199 7 by
Donna W I y.Trustee.
",Ivly'PLnmission expires ,Ta. ri 6.ea rj IC,, i=4 ?o00. Witness my hand and official seal.
Notary Public m:\wpfiles\dons\woley.wpd
RVICE ALUMINUM CAP
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HYDRANT. AND 2
F SIGN (PIERCE AND
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DATUM
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1111111 IIII 111111111111111111111111111 III 11111 IIII IIII
2'391731 01/30/1998 02.30P Weld County CO
2 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto
UNITS OF SLOPE
EASEMENT
•
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•
S89'26'54"W
BH` 759.57• 011E 'TOR'E - 6F1E- — T -ant — — OHE
PP
PROPERTY OWNER
PARCEL 4146707000030
THOMAS S. MORTON & JAMES NORTON
3101 WEST 15151 COURT
BROOMFIELD. CO 60020
PROPERTY OWNER
PARCEL $146707000031
MARY ALICE BILLINGS
2246 RIVERSIDE DRIVE
LYONS, CO 00540
+
------------$
OLD RIGHT -OE -WAY LINE
ALL UTIUTIES TO BE
RELOCATED BY OTHERS
STA 125+10.24-12' R
BEGIN 10:1 TAPER
21
PROFERTI OWNER
PARCEL #156707000032
WOOLEY FAMILY TRUST
P.O. BOX 223
ALLENSPARK. 1Y7 00510
LIMITS OF SLOPE
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NEW RIGHT- OF -WAY LINE DEDICATED
AT FILING OF NORTHRIDGE 2 FINAL PLAT
H6@1 PUNT EIEV - 50#9.21
NIR PUNT STA - 127+84.64
pPVI STA - 125+16.27
PU ELEV - 5015.95
An - -681
K - 156.10
106316' 1^
STA 126+30.24-24' RIGHT
ENO TO:1 TAPER
BEGIN 12 RIGHT TURN LANE
1.00%
'STA=124+50.00
IELEV=5073.62
FINISHED GROUND,t
STA=125+50
ELEV-5075.90 !
SPECIAIE DITCH GRADE MN
LIMITS OF SLOPE
EASEMENT
Off G
2"W i1G00`
REMOVE 149 ST ASPHALT
PAVEMENT. FULL DEPTH
SAWCUT 5110071 EDGE.
I,
HIGH PUNT no 5079.21
HIGH POINT STA - 127+64.6,
PH STA e 15+16.27
PN E1EV =5085.95
♦11 =+601
ATCH EXISTITI
PAVEMENT ELE
K = 156.10
1063.16 VC
-I DOT
STA=127+40
SPECIAL DITCH GRADE RIGHT ELEV=5077.80
5TA=127+99.6
FLEW=5077.20
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