Loading...
HomeMy WebLinkAbout20171173.tiffRESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FEIT FARMS 1, LLC 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 a Possession and Use Agreement 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 Feit Farms 1, LLC, 1534 64th Avenue, Greeley, CO 80634, commencing November 1, 2017, 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 Possession and Use Agreement 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 Feit Farms 1, LLC, be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D., 2017. ATTEST: discaski a Weld County Clerk to the Board APP uty Clerk to the Boar ounty Attorney Date of signature: 5-l(o-17 BOARD OF COUNTY COMMISSIONERS WELD COlJ'JTY, COLORADO Cozad, Chair Steve Moreno, Pro-Tem Fyn P. Conway USED Freeman arbara Kirkmeyer cc:PAJCTJ$Ir'C) .x-30 — [ 7 2017-1173 EG0074 eireitZ-- /D ' ii 71 `I1ac0 MEMORANDUM TO: Clerk to the Board DATE: April 24, 2017 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 47 IMPROVEMENT PROJECT Approval of a Possession and Use Agreement between Feit Farms I LLC and Weld County for the Weld County Road 47 Improvement Project. 2017-1173 EGO on9 M:\Tiffane\_PROJECTS\CR 47 CORRIDOR\LANDOWNERS\RW 18 FEITWCQUISISITON DOCUMENTS\Agenda Memo.doc POSSESSION AND USE AGREEMENT THIS AGREEMENT("Agreement")is made thia o17 and between Feit y by Farms 1 ITC, whose address is 1534 64th Avenue, Greeley, CO 80634 hereinafter referred to as "Owner" and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereinafter referred to as "County". WHEREAS, Owner owns real property described in the attached Exhibits "A," "B," and "C," hereinafter collectively referred to as "the Property," and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 47, which will involve the realignment and construction of said road, utilities, and irrigation facilities (hereinafter referred to as "Road Improvement Project"), and WI IEREAS, County requires the Property in order to complete said Road Improvement Project, and is in need of possession of the Property by November 1, 2017, and the Parties have not yet agreed upon the form of the conveyance or the compensation to be provided to Owner, and WI IEREAS, Owner has agreed to grant possession of the Property to the County for the Road Improvement Project. NOW, THEREFORE, the Parties agree as follows: ! . In consideration of this irrevocable grant of possession, and the mutual promises and covenants contained herein, County will tender the Owner the sum of Five Hundred Twenty Five Thousand ($525,000.00) dollars at the time this Agreement. County shall take possession of the Property for the purposes described in this Agreement on November 1, 2017. It is agreed this sum shall be deducted from any final settlement amount, award, or verdict, but in no event will any of the $525,000 be refunded to County. 2. Owner represents to the best of its knowledge that the title to the Property is free and clear of all monetary liens. 3 Owner agrees to grant possession of the Property to County on November 1, 2017. 4. As of the date of this Agreement, County agrees that Owner has relied on the fact that the County has committed to condemn the Property and Owner has changed its position, by commencing to replace some or all of the facilities located on the Property. 5. This Agreement is made with the understanding County will continue to negotiate in good faith with Owner to acquire the interest in the Property. If the County continues to negotiate in good faith and no settlement is reached within 120 days of the signing of this Agreement, County may begin proceedings in eminent domain to acquire title to the Page 2 of 3 4297797 Pages: 1 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III Whildhliiffl#15i:igilid1liii o240/ 7 //Z-5 Property. County shall not unreasonably delay the commencement of proceedings under eminent domain law once the time provided for in this paragraph has expired. If County begins proceedings in eminent domain it is understood and agreed this Agreement shall continue in effect until either a settlement is reached or a rule and order is entered by the court, as provided for in C.R.S. 38-1-105(3). If such proceedings are begun, this Agreement shall operate as a stipulation to continued possession of the Property pursuant to C.R.S. 38-1-105(6). 6. It is agreed by the undersigned, in the event proceedings in eminent domain are begun, the valuation day for determining the amount of just compensation shall be the date on which payment was tendered to the owner, pursuant to paragraph one above. 7. This Agreement shall be deemed a contract and shall bind the Parties and shall extend to and bind their heirs, executors, administrators, legal representatives, successors, and assigns. 8. This Agreement embodies all the 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. 9. Nothing in this Agreement changes the right of the Owner to obtain an appraisal and for the County to pay for its full cost pursuant to CRS 38-1-121 if such appraisal is submitted to the County on or before June 5, 2017. 10. Owner shall retain the mineral estate under the real property described in Exhibit "A", "B" and "C", and shall also retain any water rights currently attached to or associated with the real property described in Exhibit "A", "B" and "C". Page 3 of 3 4297797 Pages: 2 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III PPIONieglifehifillilliPthAVNili 111111 written. INN WITNESS WHEREOF, the parties have set their hands on the day and year first above OWNER: FEIT FARMS I LLC Date: ATTEST: acritAi- Hi:Cr ifc -IfY wieco;41 BOARD OF COUNTY COMMISSIONERS Weld Cc n y,lerketo the Board BY: Deputy Clerk te Board WELD C LINTY, COLORADO Page 4 of 3 4297797 Pages: 3 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIrdrAkrla6401.111h07, � ' �'K �4 h� �iY�h �I 11 1 PR 2 6 2017 020 / 7-// 73 INENSOSO sew NEWTON CANNON PERMANEN 1 GAS LINE EASEMEN l' ACQUIRED PE -19 77,072.32 sf. OR 177 ac.4 PE 30' FEET FARMS I LLC St 4 S23 -76N -ROSH/ R 1 G 1 IT -OF' WAY -------- .-1 ACQLIRLD RW-19 297.474.87 Sf. TE20r OR 6.83 ac.+ TEMPORARY EASEMENT ACQUIRED TL -19 104,561.94 sf. R 2.40 ac.+ .a SE Sea ..tir..i; -tier. . - .ti.. lereaSe e wows a IN L . I - .i 1 t '$ a • • I� WAKE Se s S . . r. - ...Y. w ..r SW 1/4 S24-TGA -ROSH.' TEMPORARY EASEMENT ACQUIRED rI E-18 31, 250.98 s f . OR 0.72 ac.4- FEIT FARMS 1 LLC PARCEL A RE -31 RECP.WI609515 sass •. a -a. M - WC -R-6& SS O e •r - e w -r z 4 4297797 Pages: 4 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO i II )j7IN II �1�Hi kU'+Ilk �I II DANIEL R. HOLMES PLS 38213 EX 1-IIB IT -A SE 1/4 S23-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4078258 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 23 AS BEARING NORTH 00'52'19" WEST, A DISTANCE OF 5302.56 FEET TO THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 23 SOUTH 89'15'51" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47 AND ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 66, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 8915'51" WEST, A DISTANCE OF 703.33 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 4915'51" EAST, A DISTANCE OF 108.90 FEET; THENCE NORTH 89'15'51" EAST, A DISTANCE OF 229.69 FEET; THENCE SOUTH 00'44'09" EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89'15'51" EAST, A DISTANCE OF 265.11 FEET; THENCE NORTH 44'11'46" EAST, A DISTANCE OF 35.31 FEET; THENCE NORTH 00'52'19" WEST, A DISTANCE OF 2580.94 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 23; THENCE ALONG SAID NORTHERLY LINE NORTH 89'06'46" EAST, A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 2651.20 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 297,474.87 sf. OR 6.83 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. S p LIC 4, iiark-f4) • 38213 iC: • '1 • St • • • • • • • ... • ' • • •�� o, L1AND RIGHT OF WAY ACQUISITION FEIT FARMS 1 LLC - RW-19 WELD COUNTY, COLORADO 4297797 Pages: 5 of 13 00 04/28/2017 11:29 AM d R coed: $O . Weld County, CO Carly Koppes, Clerk ��,�,IIII iu !� •�L�lf � !i u�11r�� V4N% 14 c t - WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 DATE: 2-23-17 FAEE: DRAWN BY: DRI i SHEET: 1 01'3 EXHIBIT -A FElT FARMS I LLC RECP.# 4078258 PARCEL//80323000006 LINE TABLE LINE BEARING DISTANCE Li 38915'511'W 30.00' L2 N49'15'51 "E 108.90' , L3 N89'15'51'E 229.69' L4 _ SOO'44'O9"E 25.00' L5 N89'15'51 "E 265.11' L6 N44'11'46"E 35.31' L7 N89'O6'46"E 100.00' RIGHT-OF-WAY --z ACQUIRED RW-19 297, 474.87 sf. OR 6.83 ac.± NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. L3 Se Olt\ ` S 1/4 COR. S23-T6N-Rfi5W FND 2 1/2" ALUM. CAP LS9644 2001 IN MON. BOX L2 L4 L5 703.33' S89'15'51 "W 2667.83' S - rINS IMO 4 i i N N00'52'19"W annual 7 ; II Lai z QI f� 0 lot "D1 -col 0 ;g1.121 7), (Tifol .r - N o� iz ( f1 ( l r _ L6 I EXISTING 60' ROW REC#69779 JULY 16, 1899 P.O.8. I TOWARD Lt 41- rt EXISTING 60' ROW RD BK2/PG192 JAN. 23, 1878 SE lift- S23-T6N-86501 FEIT FARMS 1 LLC RECP.// 4078258 PARCEL// 80324000025 1 � I tr-1 LOT A RE -31 RECP.#16O9515 N89'44'O5"E _ 2610.79' T.O.C. SE COR. S23-16N—Rfi5W END 2 1/2" ALUM. CAP LS24670 1993 IN MON. BOX EXISTING 60' ROW REC#29420 JULY 23. 1888 W CR GE RIGHT OF WAY ACQUISITION FEIT FARMS 1 LLC - RW-19 WELD COUNTY, COLORADO 4297797 Pages: 6 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO HI PiRdritri'iciaiiii!lki k OVA W 11101 16 6 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO. SRP-27 I SCALE: 1'177:200 DAT°E. 2-23-17 DRAWN BY: I)RI • �_I , O1 EXHIBIT -A SE 1/4 S23- FON-R65W NE COR - - -- - - T i S23--T6N-R65W 1 assiM FND 2 1/2" ALUM. CAP t STAMPED LS#38175 2010 IN MON. BOX FElT FARMS 1 LLC RECP.# 4078258 PARCELI/80323000006 LINE TABLE LINE BEARING DISTANCE Li S89'15'51 "W 30.00' L2 N49'15'51 "E 108.90' 1 L3 N89'15'51 "E 229.69' L4 S00'44'09 "E 25.00' L5 N89'15'51 "E 265.11' L6 , N44.11 '46'E 35.31' L7 N89 06 46 E _ , 100.00' , RIGHT—OF—WAY ACQUIRED RW-19 297,474.87 sf. OR 6,83 ac,± NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION [`Eli FARMS I I111C - RW-19 WELD COUNTY, Y, COLORADO 4297797 Pages: 7 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III II II • i I L7 E 1/4 COR. .7rTi -- T6N - R z--- CALCULATED POSITION Iz imp FEIT FARMS 1 LLC EXISTING 60' ROW RD BK2/PG192 JAN. 23, 1878 0 RECP./I 4078258 ia' PARCEL//80324000025 mp LOT A RE -31 RECP. #1609515 i I I I i i 1861", r GO! WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 I sCAI F 1"=20(1 DATE: 2-23-17 DRAWN BY DRI I rfr1 > i, EXHIBIT -B SE I;`'. 523--T6N-R65W PROPERTY DLSCRIP TION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4078258 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: aNCI_NG_ AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 23 AS BEARING NORTH 00'52'19" WEST, A DISTANCE OF 5302.56 FEET TO THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 23 SOUTH 89'15'51" WEST, A DISTANCE OF 130.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'52'19" WEST, A DISTANCE OF 70.00 FEET TO THE T THENCE SOUTH 44'11'46" WEST, A DISTANCE OF 35.32 FEET; THENCE SOUTH 89'15'51" WEST, A DISTANCE OF 42.37 FEET; THENCE NORTH 44'11'46" EAST, A DISTANCE OF 52.79 FEET; THENCE NORTH OO'52'19" WEST, A DISTANCE OF 2518.80 FEET; THENCE NORTH 89.06'46" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'52'19" EAST, A DISTANCE OF 2531.25 FEET TO THE TRUE PQ IT OF DEQINNING., SAID PARCEL CONTAINS 77,072.32 sf. OR 1.77 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 ltirtibANt • .I L A seelinta— w 't 38213 .� v'.?, :.Z q-0 <ICI. % •. PERMANENT GAS LINE EASEMENT ACQUISITION FEL I' FARMS 1 LLC - PE -19 WEI,D COUNTY, COLORADO .• IL LAc 4297797 Pages: 8 of 13 04/28/2017 11:29 AM d R Recorder,00 Weld County, CO Carly Koppes, Clerk VIII I� WaallYillildniX61411Li 1111 • • . . •. 41sa• ,>a WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SR P-27 SCALE DA FE 2-21-17 DRAWN BY: BRIE SHEET: I or,3 EXHIBIT -B SE I R, S?3-T6N-R65W FEIT FARMS 1 LLC RECP.# 4078258 O PARCEL//80323000006 LINE TABLE .LINE , BEARING DISTANCE L1 S89'15"51 "W s 130.00' , L2 NO0'52'19"W 70.00' L3 S44'11'46"W 35.32' L4 S89'15'51 "W 42,37' L5 N44'11'46"E 52.79' L6 N 89'06' 46 "E 30.00' 30' _ N N OO'52' 19" W PERMANENT EASEMENT- Y. ACQUIRED PE -19 77,072.32 sf. OR 1.77 ac.± NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 0 tro S8915'51 "W 2667.83' a - -5 1/4 COR. S23-T6N-R65W FND 2 1/2" ALUM. CAP LS9614 2001 IN MON a L5 L4L� S00'52'19"E 100' L2 EXISTING 60' ROW REC#69779 JULY 16, 1899 tiOWAW) . L1 1 1 II 1 i i o st�wGi RO* i 1 C, 2 IQ col ILL 0 tni ¢1 la N21 0 toi Ito �rn I I i 1 1 i I EXISTING 60' ROW RD 8K2/PG192 JAN. 23, 1879 FEIT FARMS 1 LLC RECP.// 4078258 PARCEL// 80324000025 NW - 1 . ' N89'44'05"E ____ 2610.79' 1 1 LOT A RE -31 RECP. #1609515 Q er— .0.C. SE COR. S23-T6N-R65W FND 2 1/2" ALUM. CAP LS24670 1993 IN MON. BOX EXISTING 60' ROW RCCf29420 DULY 2:3. 1888 WGR 66 - PERMANENT GAS LINT. EASEMENT ACQUISITION FEIT FARMS I LLC - PE -1Q WELD CO(_JN"I'Y, COLORADO 4297797 Pages: 9 of 13 04/28/2017 11:29 Clerk AM d R Recorder, Weld County, CO Carly Koppes ,111Krill iJtriga 105 IhkillirPhtiKVIMAILIA 11111 N1 1 Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NC. `RP -27 SCALE. I „=20() DATE 2-23-17 DRAWN BY DRI-1 + E t T EXFI1RITB SE I/4 S23-T6N-RO5W NE COR. S23- T6N-R65W END 2 1/2" ALUM. CAP STAMPED LS#38175 2O1O IN MON BOX it)' FEIT FARMS 1 LLC RECP.# 4078258 PARCEL/180323000006 LINE TABLE LINE BEARING DISTANCE_ Li S89'15'51 "W 130.00' L2 N00'52'19"W 70.00' S44'11'46"W 35.32' L4 S89'15'51 "W 42.37' L5 N44'11'46"E 52.79' . L6 N 89'06'46"E _ 30.00' , PERMANENT EASEMENT ACQUIRED PE -19 77,072.32 sf. OR 1.77 ac.± .-- N00'52'19"W 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. L6 PERMANENT GAS LINE EASEMENT ACQUISITION FELT FARMS 1 I_,.i.,C - PE -19 WELD COl_UNtl Y, COLORADO:) in N Ni LU N S0095211 9"E 1 te \\I COR. ( I 6N --R -CALCULATED POSITION ,II I I I I ~60 fm mo Row — EXISTING 60' ROW I RD BK2/PG192 I ei' I JAN_ 23, 1878 I I 1 I I I I <I UJI un cfi I FELT FARMS 1 LLC RECP.# 4078258 PARCEL/480324000025 LOT A RE -31 RECP.#16O9515 4297797 Pages: 10 of 13 04/28/2017 11:29 AM d Recorder, $@We d County, CO Carly Koppes, Clerk yUMW" II.I� INt1 W h liii VIII W?j.1'� l����I� NI 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJ[C`1' PROJECT NO: SRP-27 ;.,ALF: r=200 DATE: 2-23-[7 DRAM BY: URN AHF ET 3 of; EXHIBIT- C SE 1/4 S23-T6N-Rb5W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEP11ON NO. 4078258 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: cOMMENC NG AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 23 AS BEARING NORTH 00'52'19" WEST, A DISTANCE OF 5302.56 FEET TO THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTHERLY UNE OF SAID SECTION 23 SOUTH 8915'51" WEST, A DISTANCE OF 155.11 FEET; THENCE DEPARTING SAID SOUTHERLY UNE NORTH 00'44'09" WEST, A DISTANCE OF 45.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE SOUTH NORTH SOUTH NORTH NORTH NORTH NORTH SOUTH NORTH NORTH SOUTH NORTH NORTH NORTH SOUTH NORTH NORTH NORTH SOUTH NORTH NORTH NORTH SOUTH NORTH NORTH NORTH SOUTH 8915'51" 00'44'09" 8915'51" 49'15'51" 89'15'51n 00'44'09" 8915'51" 00'44'09" 8915'51" 00'52'19" 89'07'41" 00'52'19" 89'07.41" 00'52'19" 89'07'41" 00'52'19" 89'07'41" 00'52'19" 89'07'41" 00'52'19" 89'07'41" 00'52'19" 89'07'41" 00'52'19" 89'07'41" 00'52'19" 89'06'46" WEST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF EAST, A DISTANCE OF EAST, A DISTANCE OF WEST, A DISTANCE OF EAST, A DISTANCE OF EAST, A DISTANCE OF EAST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF EAST. A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF EAST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF EAST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF WEST. A DISTANCE OF EAST, A DISTANCE OF WEST, A DISTANCE OF WEST, A DISTANCE OF 265.11 FEET; 25.00 FEET; 229.69 FEET; 23.33 FEET; 130.00 FEET; 95.00 FEET; 50.00 FEET; 95.00 FEET; 301.83 FEET; 171.16 FEET; 30.00 FEET; 80.00 FEET; 30.00 FEET; 286.48 FEET; 75.00 FEET; 60.00 FEET; 75.00 FEET; 558.70 FEET; 95.00 FEET; 100.00 FEET; 95.00 FEET; 443.83 FEET; 65.00 FEET; 100.00 FEET; 65.00 FEET; 710.72 FEET; 200.00 FEET; THENCE NORTH 00'52'19" WEST, A DISTANCE OF 55.00 FEET TO A POINT ON THE NORTHERLY UNE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 23; THENCE ALONG SAID NORTHERLY UNE NORTH 89'06'46" EAST, A DISTANCE OF 220.00 FEET; THENCE DEPARTING SAID NORTHERLY UNE SOUTH 00'52'19" EAST, A DISTANCE OF 2580.94 FEET; THENCE SOUTH 4471'46" WEST, A DISTANCE OF 35.31 FEET TO THE TRUE POINT OF BEGINN NG. SAID PARCEL CONTAINS 104,561.94 ,f. OR 2.40 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 38213 • � �. '• 2)-1' ) 7 . . nNQs • -I., .. • TEMPORARY EASEMENT ACQUISITION FELT FARMS 1 LLC TE-19 WELD COUN'T'Y, COLORADO 4297797 Pages: 11 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NC: SRP-27 SCALE: 1"=200 DATE: 2-23-17 DRAWN BY: DRis SHEET: 1 of 3 EXHIBIT -C SE 1/4 S23-T6N-R65W L16 FEIT FARMS 1 LLC L15 RECP.# 4078258 PARCEL//80323000006 LINE TABLE LINE BEARING DISTANCE L1 N 00'44'09"W 45.00' L2 N00'44'09"W 25.00' L3 . N49'15'51 "E 23.33' L4 N89'15'51 "E 130.00' L5 N00'44'09"W 95.00' L6 N 89'15'51 "E 50.00' L7 S00'44'09"E 95.00' L8 N00'52'19"w 171.16' L9 S89'07'41 "W 30.00' ' L10 N00'52'19"W 80.00` L11 N89'07'41 "E 30.00' L12 S89'07'41 "W 75.00' L13 N00'52'19"W ' 60.00' L14 N89'07'41 "E 75.00' L15 S89'07'41 "W 95.00' L16 NO0'52'19"W 100.00' L17 N89'07'41 "E 95.00' L18 S89'07'41 "W 65.00' L19 NO0'52'19"W 100.00' L201 N8907'41 "E 65.00' L21 S44'11'46"W 35.31' L3 TEMPORARY EASEMEN T ACQUIRED TE-19 104,561.94 sf. OR 2.40 ac.± L4 L6 0 N 06 NO0'52'19"W L14 L13 L12 2.0' 3 T w co - ta Q N 1.5 L7 N89'15'51 'E 301.83' L11 L10 L9 L8 S89'15'51 "W L2 229.69' S89'15'51 "W 265.11' S89'15'51 "W 2667.83' P.O.B. r a S 1/4 COR. S23-16N-R65W FND 2 1/2" ALUM. CAP L39644 2001 IN MON - - 1! it. i 2 t. ' 1 N 4 i. N1.•• • ' I i .1 . . I 1' t , - - - EXISTING 60' ROW REC#69779 JULY 16. 1899 TEMPORARY EASEMENT ACQUISITION E E f FARMS 1 1 IC r E 1 J \VEIJ) COUNTY, COLORADO 4297797 Pages: 12 of 13 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II ans- 0 co tO N S00'52'19"E Le I1 I I 60' I Ion 1 z) $O. 10 IZI 100' I L21 LI 15 861 I 1 I i I 1 I EXISTING 60' ROW RD BK2/PG192 JAN. 23. 1878 FEIT FARMS 1 LLC RECP.# 4078258 PARCEL// 80324000025 N 89'44'05"E Q79 P.O.C. SE COR. S23-T6N-R65W FND 2 1/2" ALUM. CAP LS2467O 1993 (N MON. BOX LOT A RE -31 RECP.#16O9515 a a a - g a a EXISTING 60' ROW REC%x9420 Y 23. 1888 WC -R 66 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 _.ALE. 1" 2(12 DATE: 2-23-17 DRAWN BY: DWI EXHIBIT -C SC 1/4 S23--T6N-R65W FND 2 1/2" ALUM. CAP t STAMPED LS#38175 2010 IN MON. BOX N 00'52' 19"W 55.00' N 89'06' 46"E 220.00' S89'06'46"W 200.00' FELT FARMS 1 LLC RECP.# 4078258 PARCEL�180323000006 LINE TABLE LINE , BEARING DISTANCE L1 N00'44'09"W 45.00' L2 N00'44'09"W 25.00' L.3 N49'15'51 "E 23.33' L4 N89'15'51 "E 130.00' L5 N 00'44'09"W 95.00' L6 N 89'15' 51 "E 50.00' L7 SOO'44'09"E 95.00' L8 NO0'52'19"W 171.16' L9 S89'07'41 "W 30.00' L10 N 00652'19"W 80.00' L11 N89'07'41"E 41 , "E 30.00' _ S89'07'41 "W L12 75.00' L13 N 00'52' 19"W 60.00' L14 N89'07'41 "E 75.00' L15 , 589'07'41'W 95.00' _L16 NO0'52'19"W 100.00' L17 N89'07'41 "E 95.00' L18 , S89'07'41 "W 65.00' L19 N00'52'19"W 100.00' L20 N89'07'41 "E 65.00' L21 S44'11'46"W 35.31' TEMPORARY EASEMENT -- ACQUIRED TE-19 104, 561.94 sf. OR 2.40 ac.± L19 L16 N N 00'52'19" W L.20 L18 co M N00'52'19"W L17 i i NF CON. __I_EL 1 S23— T6N—R65W 1 1 .c.1 r rn a 00 N d 1 i 1 I tni, now I E 1/4 COR. S23--T6N-R65W CALCULATED POSITION I k- EXISTING 60' ROW RD BK2/PG192 1 JAN_ 23, 1878 121 S00'52'19"E l -of 1 r t FEIT FARMS 1 LLC RECP.# 4078258 PARCEL// 803 24000025 LOT A RE -31 RECP.#16O9515 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 EASEMENT ACQUISITION F EIT FARMS 1 LLC IL 19 WI LI ) COUNT Y, COLORADO 4297797 pages: 13 of 13 04/28/2017 11:29 AM R Recorder, . d County, CO Carly Koppes, Clerk and 511110.M1411491rif.lik,1111 UN WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PRO.1ECH {.' 1 I SCALE: 1"---t-200 DATE: 2-23-17 D R iN `Yiv', J D'' . 1) It 11 Hello