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Home My WebLink About20162064RE: Doc #2016-2064 (Additional ROW) MEMORANDUM TO: Clerk to the Board DATE: July 6, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda Item Acceptance of Warranty Deed from John and Dee Smith for improvements to WCR 49. M:\' Administration\Forms\MEMO-Form.doc 2n3e%4 aeinfi--ems -7/10 9 Cc, NA) C-rcr/ rnc) 7�io-/7 7/ 7 �O l Co QOCo4 a.Go©-73 Recp l llleecfronically D Couhty Date 3.52 it1 Time siiflpifilke.6am 800.460.5657 W tRRANTY DEED NO DOC FEE QU �7 q �'°.L "J �Y4c. 1 i tu0.t.o ..RAIQIN THIS DEED made this 8th day of March, 2017, between John Smith and Dee Smith of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as 11250 Weld County Road 49, Hudson, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4318332 Pages: 1 of 5 Carly 4Kocp15 BCl.rk and RPM eoorder,,BW00 eld County, CO IIII1 �1t nj, {;I��,'I�Yd'kj�dI+IL}9 N�tI�d'Yftpaj 1I III IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. STATE OF COLORADO ) )ss. COUNTY OF WELD in Dee Smith The foregoing instrument was acknowledged before me this 8th day of March, 2017, by John Smith and Dee Smith. Witness my hand and official seal. Notary Public My commission expires:,,, NOTARY PUBUC STATE OF COLORADO NOTARY ID 1908403^370 I. COb1MISSION EXPIRES NOV.02, 2018 07/143/2017 02 3132 9 PM R Fee:E .00 Carly Koppes, Clerk and Recorder, Weld County, CO ��Kmile:141tiliE IM111.11CMr&FMW1Yki11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this Jo 771 day of ATTEST: diddigki Jeld0 t.C. CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY uty Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2017. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Julie A. Cozad, Cha BOARD OF CO COMMISSIONER JUL 1 0 2017 OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this �0 -r-/1day of , 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS OF TIME CO TY OF WELD. Witness my hand and official seal. My commission expires: /fie 9/do/11, 4318332 Pages: 3 of 5 07/14/2017 02:31 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1��11W��k�:1 � 1Lk'4�lir L�41�h14rl�1��4Y4 11111 Notar P CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 o2O/(,o-aZ0(o9 EXHIBIT - 19A ADDITIONAL RIGHT-OF-WAY FROM THE DEE & JOHN SMITH PROPERTY WITHIN PARCEL #130506300002 AS FILED UNDER RECEPTION #2263734 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN the North West % of the South West % of Section 6, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the West 1/4 Corner of Said Section 6 bears N81°56'03"W, a distance of 70.89 feet; THENCE 561°15'23"E, a distance of 23.56 feet; THENCE 501°58'49"E, a distance of 656.48 feet; THENCE 546°35'15"E, a distance of 64.08 feet; THENCE 501°35'15"E, a distance of 595.17 feet, to a point on the South Line of the North West'/. of the South West Ya of said Section 6; THENCE, 588°39'43"W, along said South Line of the North West 'A of the South West''/. of said Section 6, a distance of 65.01 feet, to a point on a non -tangent curve to the left; THENCE, 679.24 feet along the curve to the left, said curve having a Radius of 15,770.00 feet, a central angle of 2°28'04", a chord bearing of NO1°44'28"W, and a chord distance of 679.19 feet; THENCE NO2°58'30"W, a distance of 18.88 feet to a curve to the right; THENCE 610.55 feet along a curve to the right, said curve having a Radius of 15,630.00 feet, a central angle of T14'17", a chord bearing of N01°51'22"W, and a chord distance of 610.51 feet, to the POINT AND PLACE OF BEGINNING, containing 54,591 Sq. Ft. (1.25 Acres) more or less. BEARINGS as shown in the above description are based upon the West Line of the Southwest a of said Section 6 having a Bearing of N 00°30'12"W. This property is subject to all rights -of -way and easements of whatever kind both recorded and implied which may be in effect at the time of this document. This Property Description was prepared entirely from information provided to this Surveyor by Weld County Personnel. ft Lk. 4216704 Pages: 5 of 10 07/06/2016 12:26 PM R Fee:$0.00 Carly KOPPes, Clerk and Recorder, Weld County, CO VIII NlGR;IT I1d�M14Y.GW��Rri�7h�th�4'YMl�.4 �l Yl II III CO PLS 18468 ADDITIONAL ROW ACQUISITION DEE & JOHN SMITH WCR 49 WELD COUNTY, COLORADO LUCHETII SURVEYING 1975 Prairie Owl Road WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 Parker, LU 80138 (303)841-2568 PROJECT NO.: SRP26 ALE: 1'e200' DATE: 5/10/16 IDRAWR BY: MEL !SHEET 1 OF 2 4318332 Pages: 4 of 5 07/14/2017 02:31 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� I��If��hl'Illi4'iI�hLORi14ION IJ}d lig 111111 EXHIBIT - 19A W'/4 Corner Sect 6 72N- R64W N 81'56'03" W, 70.89 4-2'14'17" R=15630.00' L=610.55' ChB=ChL 6 0.51' ChL=610.51' ' \\ WCR-49 West Line Section 6 N 02'58'30" W, 18.88' 4=2'28'04" R=15770.00' L=679.24'— ChB=NO1'44'28"W ChL=679.19' ALVIN DECRANr JP SE 14 51-725-R&5W WCR - 49 Existing R -O- W Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. P-OB S 61'15'23" E, 23.56' East - West CL Section 6 DEE & JOHN SMITH PARCEL #130506300002 RECEPT. #2263734 VS 01'58'49" E, 656.48' I1\(-5 46'35'15" E, 64.08' Additional ROW Parcel 54491 Sq.Pt. /125Acres r I �_ProposedPermanent Easement Parcel S 01'35'15" E, 595.17' All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. South Line of Smith Property —C-S 88'39'43" W, 65.01' TOD MOORE LOTA RE ,305L?aE-]ae 200 WOODMEN OF THE WORLD LOTH RE IX5-S}RE-1115 0 100 200 400 SCALE: 1"=200' ADDITIONAL ROW ACQUISITION RW19A DEE &JOHN 1216704 Pages: 6 of 10 17/06/2016 12:26 PM R Fee :$0.00 'arty Koppes, Clerk and Recorder, Weld County, CO ;arty tntl1 P IFrvti.% Ii Mw 11111 LOCH ETTI SURVEYING 4318332 Pages: 5 of 5 07/14/2017 02:31 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld `uµCo�un'uty, `C+O�4W�� !III�UPa�IIlTIO P IANL 1i �I�YIr1YIM iI�Ah 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 rairie Owl Road PROJECT NO.: SRP26 seALE. 1"=zoo' er, l,U 8013S 3)841-2568 DATE: 5/10/16 DRAWN BY: MSL SHEET 2 OF 2 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - JOHN AND DEE SMITH 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 and Permanent Easement for Certain Improvements to County Road 49 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 John and Dee Smith, 11250 County Road 49, Hudson, Colorado 80642-9606, 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 and Permanent Easement for Certain Improvements to County Road 49 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 John and Dee Smith be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. Gc Po -r3/ Pc) G+PPL �r97/gotc0 2016-2064 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - JOHN AND DEE SMITH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: di 5 JCS,‘,4, Weld County Clerk to the Board BY:Q 0,w_ C uty Clerk to the Board APP ED County Attorney Date of signature: -7I aco a Mike Freeman, Chair Sean P. Conv�ay, Pro-Te o .Gl vt� ie _ A. Cozad teve Moreno 2016-2064 EO0073 MEMORANDUM j ,\ TO: Clerk to the Board FROM: Tiffane Johnson, SUBJECT: Agenda Item DATE: June 23, 2016 Public Works Department RE: WCR 49 Corridor Project Agreement for Purchase of Public Road Right -of -Way and Permanent Easement for Certain Improvement to WCR 49 with John and Dee Smith. M:\Francie\AGENDA memos \Agenda-Tiffany.doc 2016-2064 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN JOHN SMITH AND DEE SMITH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this a9111 -day of , 2016, by and between John Smith and Dee Smith whose address is 11250 Cou Road 49, Hudson CO 80642-9606 hereinafter collectively referred to as "Owner," and t e COUNTY OF WELD, 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." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit - 19A" (hereinafter referred to as ("Public Road Right -of -Way"), and WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit - 19B" (hereinafter referred to as ("Permanent Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and IHC on behalf of Weld County agrees to purchase the Public Road Right -of -Way shown and/or described on Exhibit "19A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand One Hundred Twenty-five and 00/100 Dollars, ($3,125.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "19B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Seven Hundred Seventy-five and 00/100 Dollars, ($775.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 02o -aZo l JA,,L 3. If this agreement is executed and returned to our office on or before -31, 2016, IHC on behalf of Weld County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights -of -Way and the Permanent Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right -of -Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Permanent Easement to the County, in the forms attached hereto free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. Owner shall retain the mineral estate under the Public Road Right -of -Way, the Permanent Easement, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Permanent Easement. 8. Owner shall deliver the fully executed Warranty Deed for the Public Road Right - of -Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 9. Owner shall pay any encumbrance associated with the Public Road Right -of -Way, the Permanent 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 Warranty Deed 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. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. IHC on behalf of Weld County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of - Way and Permanent Easement. 2. IHC on behalf of Weld County shall at closing pay all fees associated with recording this Agreement and/or the Warranty Deed. 3. IHC on behalf of Weld County shall pay Five Thousand Seventy and 00/100 Dollars ($5,070.00) to the Owner for the Public Road Right -of -Way and the Permanent Easement by County wa (s)vat the date of closing if agreement is signed and returned on or before AU -y--31, 2016. If the agreement is not signed and returned on or before May -3+, 2016, IHC on behalf of Weld County shall Page 2 of 4 026/CP COL maintain its current offer of Fair Market Value of Three Thousand Nine Hundred and 00/100 Dollars ($3,900.00) for the Public Road Right -of -Way and Permanent Easement by County warrant(s) at the date of closing. 4. Prior to construction commencing on the Project and right of way described herein, IHC on behalf of Weld County shall construct a temporary fence line along the outside boundary of the Right -of -Way. At the conclusion of construction, IHC on behalf of Weld County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be responsible for maintenance of said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way and the Permanent Easement made pursuant to the teuris 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. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. 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. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Page 3 of 4 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Jahn Smitt) -mil Dee Smith John S ith ATTEST: dderdf4A)G: '4k Weld Cody Clerk to the Boa d BY: Deputy Clerl' Ito the Boar APPROVED AS TO FUN '0,0112k4 Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair JUN 2 PROVED AS TO S : STANCE: Elected Of r Department Head (A Director of General Services Page 4 of 4 o20lly—o2U� EXHIBIT - 19A ADDITIONAL RIGHT-OF-WAY FROM THE DEE & JOHN SMITH PROPERTY WITHIN PARCEL #130506300002 AS FILED UNDER RECEPTION #2263734 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN the North West 1/4 of the South West 1/4 of Section 6, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the West 1/4 Corner of Said Section 6 bears N81°56'03"W, a distance of 70.89 feet; THENCE S61°15'23"E, a distance of 23.56 feet; THENCE S01°58'49"E, a distance of 656.48 feet; THENCE S46°35'15"E, a distance of 64.08 feet; THENCE S01°35'15"E, a distance of 595.17 feet, to a point on the South Line of the North West 1/4 of the South West % of said Section 6; THENCE, 588°39'43"W, along said South Line of the North West 14 of the South West % of said Section 6, a distance of 65.01 feet, to a point on a non -tangent curve to the left; THENCE, 679.24 feet along the curve to the left, said curve having a Radius of 15,770.00 feet, a central angle of 2°28'04", a chord bearing of N01°44'28"W, and a chord distance of 679.19 feet; THENCE N02°58'30"W, a distance of 18.88 feet to a curve to the right; THENCE 610.55 feet along a curve to the right, said curve having a Radius of 15,630.00 feet, a central angle of 2°14'17", a chord bearing of N01°51'22"W, and a chord distance of 610.51 feet, to the POINT AND PLACE OF BEGINNING, containing 54,591 Sq. Ft. (1.25 Acres) more or less. BEARINGS as shown in the above description are based upon the West Line of the Southwest a of said Section 6 having a Bearing of N 00°30'12"W. This property is subject to all rights -of -way and easements of whatever kind both recorded and implied which may be in effect at the time of this document. This Property Description was prepared entirely from information provided to this Surveyor by Weld County Personnel. CO PLS 18468 ADDITIONAL ROW ACQUISITION DEE & JOHN SMITH LUCH ETT1 SURVEYING 1975 Prairie Owl Road WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCALE: 1"=200' WCR 49 WELD COUNTY, COLORADO Parker, CU 8U13 (303)841-2568 DATE: 5/10/16 DRAWN BY: MSL SHEET 1 OF 2 EXHIBIT - 19A W 1/4 Corner Sect. 6 T2N - R64W N 81'56'03" W, 70.89' • A=2'14'17" R=15630.00' L=610.55' ChB=N01'51'22"W ChL=610.51' WCR - 49 West Line Section 6 N 02'58'30" W, 18.88' A=2'28'04" R=15770.00' L=679.24' ChB=N01'44'28"W ChL=679.19' L= 679.19' ALVIN DECHANT J& SE w4 sl T2n-R66W WCR-49 Existing R -O -W Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. it is intended to show the attached property description only. P.O.B. S 61'15'23" E, 23.56' East - West CL Section 6 DEE & JOHN SMITH PARCEL #130506300002 RECEPT. #2263734 S 01'58'49" E, 656.48' S 46'35'15" E, 64.08' All existing ownership, Additional ROW Parcel Rights —of —Way, and 54591 Sq.ft. /1.25Acres+ ipxisting nformation easement t onhas been provided by Weld County. ( 1 Easement Parcel Proposed Permanent S 01°35'15" E, 595.17' South Line of Smith Property S 88'39'43" W, 65.01' TOD MOORE LDT A RE 3R5b}RE-30-08 200 WOODMEN OF THE WORLD LOT BRE 0 100 200 $05 -6 -3 -RE -3048 400 SCALE:1"=200' "=200' ADDITIONAL ROW ACQUISITION DEE & JOHN SMITH LUCHETTI SURVEYING 1975 Prairie Owl Road —Pa rice r 0-8Ui38- (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCALE 1"=200' SHEET 2 OF 2 WCR 49 WELD COUNTY, COLORADO DATE: 5/10/16 DRAWN BY: MSL EXHIBIT - 19B REVISED PERMANENT EASEMENT FROM THE DEE & JOHN SMITH PROPERTY WITHIN PARCEL #130506300002 AS FILED UNDER RECEPTION #2263734 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN the North West 1/4 of the South West 1/4 of Section 6, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the West 1/4 Corner of Said Section 6 bears S88°44'37"W, a distance of 70.07 feet; THENCE N88°44'37"E, along the East-West Centerline of Said Section 6, a distance of 20.00 feet; THENCE S61°15`23"E, a distance of 23.27 feet; THENCE S01°58'49"E, a distance of 659.66 feet; THENCE S46°35'15"E, a distance of 64.16 feet; THENCE S01°35'15"E, a distance of 603.54 feet, to a point on the South Line of the Northwest 1/4 of the Southwest 1/4 of Said Section 6; THENCE S88°39'43"W, along said South Line a distance of 20.00 feet; THENCE N01°35'15"W, a distance of 595.17 feet; THENCE N46°35'15"W, a distance of 64.08 feet; THENCE N01°58'49"W, a distance of 656.48 feet; THENCE N61°15'23"W, a distance of 23.56 feet to a non -tangent point on a curve to the right; THENCE 11.48 feet along a curve to the right, said curve having a central angle of 00°02'32", a radius of 15,630.00 feet, a chord bearing of N00°42'57"W, and a chord distance of 11.48 feet, to the POINT AND PLACE OF BEGINNING, containing 27,014 Sq. Ft. (0.62 Acres) more or less. BEARINGS as shown in the above description are based upon the West Line of the Southwest 1/4 of said Section 6 having a Bearing of N 00°30'12"W. This property is subject to all rights -of -way and easements of whatever kind both recorded and implied which may be in effect at the time of this document. This Property Description was prepared entirely from information provided to this Surveyor by Weld County Personnel. CO PLS 18468 PERMANENT EASEMENT ACQUISITION DEE & JOHN SMITH WCR 49 WELD ( 11I IN rv, C Fr}r,A!_u) LUH ET[I SURVEYING WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCA.F 1"=200' 1975 Prairie Owl Road R Parker, CO 01 (303)841-2568 DATE: 5/10/16 DRAWN BY: MSL 59111Ef 1 OF 2 EXHIBIT - 19B N 88'44'37" E, 70.07' W 1/4 Corner Sect 6 - T2N - R64W A=0'02'32" R=15630,00' L=11.48' ChB=NO0°42'57"W ChL=11.48' N 6115'23" W, 23.56' N 01'58'49" W, 656.48' WCR-49 West Line Section 6 N 46'35'15" W, 64.08' N 01'35'15" W, 595.17'— ALVIN DECHANTJR Seim 31•'12N-fl6SIV WCR-49 Existing R -O -W Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached proiier description only. PERMANENT EASEMENT ACQUISITION PI:.tt9 DEE & JOHN SMITH WCR 49 WELD COUNTY, COLORADO P.O.B. N 88'44'37" E, 20.00' S 6115'23" E, 23.27' East - West CL Section 6 DEE & JOHN SMITH PARCEL #130506300002 RECEPT. #2263734 S 01'58'49" E, 659.66' S 46'35'15" E, 64.16' Proposed Additional ROW Parcel All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. Permanent Easement Parcel 27,014 Sq.Ft. / 0.62 Acres t S 01'35'15" E, 603.54' — South Line of Smith Property \.-S 88°39'43" W, 20.00' TOO MOORE 200 LOT A RE 11033.4&'518 WOODMEN OF THE WORLD LOT B RE 0 100 200 �� soar 400 SCALE: 1"=200' LUCH ETII SURVEYING 1975 Prairie Owl Road "Parker, CO80138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCALE 1"=200' DATE: 5/10/16 DRAWN BY: MSL (SHEET 2 OF 2 RECORDING INFORMATION ABOVE PE #19B GRANT OF EASEMENT John Smith and Dee Smith, GRANTOR (whether one or more), whose address is 11250 County Road 49, Hudson, CO 80642-9606, in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to -wit: Easement description as set forth in Exhibit "19B" attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on, over, under, or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. W/O # Map No.: Part of Section 6, Township 2N, Range 64W, 6th P.M., County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of , 2016. GRANTOR: John Smith Dee Smith STATE OF COLORADO COUNTY OF ) ) ) ACKNOWLEDGEMENT I, , a Notary Public for said County and State, do hereby certify that John Smith and Dee Smith personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal, this day of , 2016. Notary Public My Commission Expires: W/O # Map No.: Part of Section 6, Township 2N, Range 64W, 6th P.M., County of Weld, State of Colorado Hello