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Home My WebLink About20161566.tiff RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST GEORGE AND ELOISE MAXEY 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, Weld County is in need of acquiring additional property for the expansion of County Road 49, in a portion of Section 24, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, as more fully described and depicted in the attached Exhibits, and • Exhibit A, Legal Description and Diagram of Right-of-Way (ROW) • Exhibit B, Legal Description and Diagram of Permanent Easements #1 and #2 (PE) • Exhibit C, Legal Description and Diagram of Temporary Construction Easements #1 and #2 (TCE) • Exhibit D, Form of PE #1 for Atmos Energy Corporation WHEREAS, in an appraisal prepared by Jon Vaughn, Certified Appraiser, the value of the Property to be acquired is established at $44,200.00, and WHEREAS, said property is owned by George and Eloise Maxey, and WHEREAS, negotiations with the property owner have included multiple phone calls, emails and letters from Mitch Hauff, Acquisitions Agent for Western States Land Services (on behalf of Weld County), to George Maxey, and from Tiffane Johnson, Weld County Department of Public Works, to George Maxey, and between Assistant Weld County Attorney, Bob Choate, and counsel for the Maxeys, attorney Douglas Widlund, and WHEREAS, Weld County has made multiple offers to purchase the property, with a final offer made on April 4, 2016, for the compensation amount of$57,170.00, and WHEREAS, the County and the Property Owner have attempted to negotiate compensation, but have been unable to agree on compensation, and WHEREAS, to date, the parties have been unable to reach an agreement for the purchase of said property, and WHEREAS, the expansion of County Road 49, between 1-76 and U.S. Highway 34, as it proceeds past the Respondent's property, is necessary for the public good to provide safety for the traveling public due to historic and projected increased traffic on said roadway, and WHEREAS, the Property Owner was notified by email addressed to counsel dated May 2, 2016, of the place and time of the hearing at which the Board approved this Resolution. CA 2016-1566 S/8-&/b CA0015 RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST GEORGE AND ELOISE MAXEY PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Weld County Attorney be, and hereby is, authorized to file a proceeding in eminent domain, pursuant to Section 38-1-101 et. seq., C.R.S., against George and Eloise Maxey, in the Weld District Court to acquire the property described and depicted in the attached Exhibits. BE IT FURTHER RESOLVED by the Board that the acquisition of such property is deemed necessary for the health, safety and welfare of the citizens of Weld County, Colorado. BE IT FURTHER RESOLVED by the Board that the Controller shall cause to be paid $44,200.00 into the Registry of the Court, being the amount that Weld County estimates is the appropriate value of the property including all damages, for the purpose of acquiring the aforementioned property upon the filing of a motion for possession of the property, or if in conjunction with a joint and stipulated motion for immediate possession or a stipulated Rule and Order, payment may be made to Respondent as an alternative to depositing such sums into the Registry of the Court. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �f 1 LA-K-O4.e..#,- Mlke Freeman, Chair Weld County Clerk to the Board Sean P. C way, Pro-lrn B : De uty Clerk to the Board EL i�ie Cozad AP RM: I _`SED ISM 1� ►''•� = a Kirkmeyer ou'' Attorney MO—I v- e Moreno Date of signature: S`Z7"`"T1 2016-156 6 CA0015 1$b CLERK TO THE BOARD VI PHONE: (970) 400-4226 FAX: (970) 336-7233 „� �. 1150 O STREET 1/1 P.O. BOX 758 G O U NT Y 71 GREELEY, COLORADO 80632 STATE OF COLORADO) ss COUNTY OF WELD ) I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2016-1566, dated May 11, 2016, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 18th day of May, 2016. s � / f " . „ A_Zi.,A ,-;. ee ' , �, ` ',� CLERK TO THE BOARD ,gw t , ,. , i_ s�, A r, EXHIBIT-A RIGHT-OF-WAY TWO PARCELS OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0026'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24 A DISTANCE OF 267.67 FEET; THENCE DEPARTING SAID LINE SOUTH 89'33'44" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 69'01'55" WEST ALONG THE NORTH LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY A DISTANCE OF 83.69 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS NORTH 01'33'56" EAST A DISTANCE OF 404.73 FEET; THENCE NORTH 02'18'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 598.84 FEET; THENCE NORTH 0026'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 592.62 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 02'42'36" AND WHOSE CHORD BEARS NORTH 01'47'34" WEST A DISTANCE OF 592.57 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'17'57" AND WHOSE CHORD BEARS NORTH 0229'53" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 357.61 FEET; THENCE NORTH 89'48'24" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 77.17 FEET; THENCE SOUTH 00'26'16" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 2366.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 132,710.81 sf. OR 3.05 ac. MORE OR LESS. AND ,rte RIGHT OF WAY �►a, WELD COUNTY DEPARTMENT 1861 ACQUISITION OF PUBLIC WORKS �* WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY WCR 49 271 N PROJECT NO: SRP-26 SCALE: 1"--400 Y G_ QU WELD COUNTY,COLORADO DATE: 12-23-14 BY: JHB SHEET: I of3 2016-1566 EXHIBIT-A RIGHT-OF-WAY CONT. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'39'23" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24 TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'39'23" WEST A DISTANCE OF 142.48 FEET; THENCE NORTH 69'02'46" EAST TO A POINT ON SAID EXISTING RIGHT-OF-WAY LINE A DISTANCE OF 152.13 FEET; THENCE SOUTH 00'26'16" EAST ALONG SAID LINE A DISTANCE OF 53.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,815.02 sf. OR 0.09 ac. MORE OR LESS. FOR A COMBINED TOTAL OF 136,525.83 sf. OR 3.14 ac. MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL(S) CONTAINING 1.67 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. RIGHT OF WAY -at1/4 WELD COUNTY DEPARTMENT ACQUISITION � OF PUBLIC WORKS 432) 1 WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY WCR 49 Y - / PROJECT NO: SRP-26 SCALE: I"=400 GQLNT WELD COUNTY,COLORADO DATE: 12-23-14 BY: JHB SHEET: 2 o13 EXHIBIT-A iy N- 1/4 ' i w/ t 4 r_)N 4 j 5)WWW n air 1 4 Q SL9 5N R64 Ai SANDIN FARMS R E 1/4 COR S24-T5N-R65W � I , 2 1/2" A.C. STAMPED ALLES . , KI_EIN LS#9644 2001 IN MON. BOX _._._.._.._.._.._.._.._.._.._.._ _.. R R NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED ' LAND SURVEY OR LAND SURVEY SNi 1/4 PLAT. IT IS INTENDED TO i -co 31-9 r5N R54 Ai ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 374 �r 4 1 ' A•z - N ,-255N 1,1 i r7 to Ct 11((('� N�Q LI LINE TABLE ADDITIONAL RIGHT-OF-WAY ACQUIRED ri i ' `o o LINE BEARING DISTANCE 132,710.81 sf.± OR 3.05 ac.± lo N L1 S89'39'23"W 142.48' & i b Q I MAXEY L2 N69'02'46"E 152.13' vi O m L3 SOO'26'16"E 53.55' ADDITIONAL RIGHT-OF-WAY ACQUIRED 1 ' Z (SEE DETAIL) ,.. L4 NOO'26'16"W 267.67' 3,815.02 sf.± OR 0.09 ac.± M L ,' 5 v EXISTING WCR 49 S89'33 44"W 30.00' t AY L6 S69'01'55"W 83.69' ADDITIONAL RIGHT-OF-WAY ACQUIRED t BK.30' 6/PG.273RIGHT-OF OCT.COMBINED TOTAL OF I BK.86/PG.273 CT. 12, 1889 L7 N02'18'O2"E 207.50' / L8 N00'26'16"W 18.51' 136,525.83 sf.± OR 3.14 ac.± : ADDITIONAL 0 L9 N03'08'52"W 217.87' RIGHT-OF-WAY V L10 N89'48'24"E 77.17' ACQUIRED 3,815.02 sf.t ' M N OR 0.09 ac.± GEORGE & ELOISE MAXEY PARC.#096124000023 - 0 y: , RECP,#1317140 I N II P.O.B. CURVE TABLE Z r ' S8939'23"W J 30.00'- C# LEN RADIUS DELTA CHD CHD BRG N _ , DETAIL Cl 404.74' 15770.00' 01'28'14" 404.73'N01'33'56"E i11 I -NTS- C2 598.90'12530.00' 02'44'19" 598.84'N00'55'53"E •I-APPARENT 30' RIGHT-OF-WAY C3 592.62' 12530.00'02'42'36" 592.57'NO1'47'34"W i-' It C4 357.61' 15770.00' O117'57" 357.61' N02'29'53"W (1 , K MAXEY U r P.O.C. P.O.B. le-�- �4i�O SE COR S24-T5N-R65W ,L5 ZC 2 1/2" A.C. STAMPED • '�Q a�'i LS#34980 2008 IN MON. il - R-. BOX S 1/4 COR. R :4-4----- M _1_ER S 1/4 COR. S24-T5N-R65W _ S19-T5N-R64W �� _ - EXIS�INC,R0W._ NO_ACCESS... . _.„._--70L ------ - - S89'39'27"W 2660.15' SEE N89'49-'21"E 2581.56' , . \_ DETAIL I M & J DAIRY / RIGHT OF WAY '. WELD COUNTY DEPARTMENT ACQUISITION "" �>< OF PUBLIC WORKS Rw-4) .-- WCR 49 CORRIDOR PROJECT maw 1, '�. BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY Z 1 L N T Y PROJECT N0: SRP-26 SCALE: 1"----400 WCR 49 1 WELD COUNTY,COLORADO DATE: 12-23-14 BY: RIB SHEET: 3 of EXHIBIT-B PERMANENT EASEMENT #1 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 24 AS BEARING SOUTH 00'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'24" WEST ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24 A DISTANCE OF 107.17 FEET TO A POINT OF CURVE TO THE LEFT AND BEING THE POINT OF BEGINNING. THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 0117'57" AND WHOSE CHORD BEARS SOUTH 02'29'53" EAST A DISTANCE OF 357.61 FEET; THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 248.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 01'08'03" AND WHOSE CHORD BEARS SOUTH 02'34'51" EAST A DISTANCE OF 248.01 FEET; THENCE SOUTH 85'11'08" WEST A DISTANCE OF 20.02 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 248.60 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,510.00 FEET, CENTRAL ANGLE IS 01'08'19" AND WHOSE CHORD BEARS NORTH 02'34'42" WEST A DISTANCE OF 248.60 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 358.64 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 0118'05" AND WHOSE CHORD BEARS NORTH 02'29'49" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 358.64 FEET; THENCE NORTH 89'48'24" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 16,486.09 sf. OR 0.38 ac. MORE OR LESS. PERMANENT EASEMENTArk, i° WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS aso mos WCR 49 CORRIDOR PROJECT GEORGE & ELOISE MAXEY BETWEEN WCR 54& US HWY 34 WCR 49 �%jam U N T�' PROJECT NO: SRP-26 SCALE: 1"--400 G 0 WELD COUNTY,COLORADO DATE: 6-19-15 BY: DRH SHEET: 1 of3 EXHIBIT-B PERMANENT EASEMENT #2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24 A DISTANCE OF 238.32 FEET; THENCE SOUTH 89'33'44" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD A DISTANCE OF 108.37 FEET AND BEING THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 69'01'55" WEST A DISTANCE OF 21.54 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 413.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15790.00 FEET, CENTRAL ANGLE IS 01'29'58" AND WHOSE CHORD BEARS NORTH 01'33'03" EAST A DISTANCE OF 413.24 FEET; THENCE NORTH 0218'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 597.94 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 597.88 FEET; THENCE NORTH 00'26'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 87.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS NORTH 00'38'14" WEST A DISTANCE OF 87.02 FEET; THENCE NORTH 89'09'49" EAST A DISTANCE OF 20.00 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 87.16 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS SOUTH 00'38'14" EAST A DISTANCE OF 87.16 FEET; THENCE SOUTH 00'26'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 598.84 FEET; THENCE SOUTH 02'18'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS SOUTH 01'33'56" WEST A DISTANCE OF 404.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26,410.14 sf. OR 0.61 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. PERMANENT EASEMENT WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION op WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY __-- PROJECT NO: SRP-26 SCALE: 1"=400 WCR 49 G U'N T Y WELD COUNTY,COLORADO DATE: 6-19-15 BY: DRII SHEET: 2 of3 EXHIBIT-B ,,4 r ,,,„ K_FIN4 , I. Nw S74 73,N—;?:>>'d\i I . I Q- 5!9-T'N 2S4W 4- SAND:N FARM S89'48'24"W I I I ' P.O.C. E ---____\ 107.17' (TIE) Ii I E 1/4 COR S24—T5N—R65W is. t ' 2 1/2" A.C. STAMPED ALLES L4 LS#9644 2001 IN MON. BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY I • _IP•O•B•#1 PLAT. IT IS INTENDED TO (713 3 *� ILLUSTRATE THE ATTACHED 20' PERMANENT EASEMENT #1 , Co PROPERTY DESCRIPTION ONLY. 16,486.09 sf.± OR 0.38 ac.± I • I . I z GEORGE & ELOISE MAXEY J . 1I W PARC.#096124000023 'r': 3 m LINE TABLE RECP.#1317140 1317140 III o N csi LINE BEARING DISTANCE O VI ' • Q Lt S03'08'52"E 217.87' I z m L2 S85'11'O8"W 20.02' L2 L3 N03'08'52"W 217.87' SE 1/4 I .L"----j L4 N89'48'24"E 20.01' S24-75N R65W I • L5 NOO'26'16"W 238.32' I. I EXISTING 30' RIGHT-OF-WAY L10 BK.86/PG.273 OCT. 12, 1889 L6 S89'33'44"W 108.37' r , L7 S69'01'55"W 21.54' ° O, • ' L8 N02'18'02"E 207.50' S El I ; MAXFY L9 N00'26'16"W 18.51' 20' PERMANENT EASEMENT #2 I , L10 N89'09'49"E 20.00' 26,410.14 sf.± OR 0.61 ac.± I •—APPARENT 30' RIGHT—OF—WAY L11 S00'26'16"E 18.51' L12 S02'18'02"W 207.50' O rnl I I SW 1/4 U •CURVE TABLE 319- T 5N R64W C# LEN RADIUS DELTA CHD CHD BRG I Cl 357.61' 15770.00' 01'17'57" 357.61' S02'29'53_E ADDITIONAL RIGHT-OF-WAY C2 248.02' 12530.00'01'08'03" 248.01' S02'34'51"E C3 248.60' 12510.00' 01'08'19" 248.60'N02'34'42"W C4 358.64' 15790.00' 01'18'05" 358.64'N02'29'49"W J C5 413.25'15790.00' 01'29'58" 413.24' N01'33'03"E, C6 597.94'12510.00' 02'44'19" 597.88' NO0'55'53"E E C7 87.02' 12510.00' 00'23'55" 87.02' N00'38'14"W ' I K MAXEY C8 87.16' 12530.00' 00'23'55" 87.16' S00'38'14"E �n _o C9 598.90'12530.00' 02'44'19" 598.84'S00'55'53"W U I �I��O�� C104O4.74'15770.00' 01'28'14" 404.73'S01'33'56"W O.B.#2 ��`�� 2 at,i. SE COR S24-T5N-R65W 0 N{ i _ 2 1/2" A.C. STAMPED S LS#34980 2008 IN MON. �- L7 L I ' 1 4 COR. S 1/4 COR. I L5 / S24-T5N-R65W BOX ' S19-T5N-R64W 4,Jr _ • _ _ EXI$11NG RAW - NO ASS �$ PERMANENT EASEMENT _,,,..,*4z_6.2.#:,,- WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION PE 47 11 iltri � �� WCR 49 CORRIDOR PROJECT GEORGE & ELOISE MAXEY 1J n / BETWEEN WCR 54& US HWY 34 WCR 49 N T Y - PROJECT NO: SRP-26 SCALE: 1"=400 WELD COUNTY,COLORADO DATE: 6-19-15 BY: DRH SHEET: 3 of3 EXHIBIT-C TEMPORARY EASEMENT #1 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 24 AS BEARING SOUTH 00'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'24" WEST ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24 A DISTANCE OF 107.17 FEET TO A POINT OF CURVE TO THE LEFT AND BEING THE POINT OF BEGINNING. THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 0117'57" AND WHOSE CHORD BEARS SOUTH 02'29'53" EAST A DISTANCE OF 357.61 FEET; THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 248.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 01'08'03" AND WHOSE CHORD BEARS SOUTH 02'34'51" EAST A DISTANCE OF 248.01 FEET; THENCE SOUTH 8511'08" WEST A DISTANCE OF 20.02 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 248.60 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,510.00 FEET, CENTRAL ANGLE IS 01'08'19" AND WHOSE CHORD BEARS NORTH 02'34'42" WEST A DISTANCE OF 248.60 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 358.64 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 01'18'05" AND WHOSE CHORD BEARS NORTH 02'29'49" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 358.64 FEET; THENCE NORTH 89'48'24" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 16,486.09 sf. OR 0.38 ac. MORE OR LESS. TEMPORARY EASEMENT WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION op WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY � " PROJECT NO: SRP-26 SCALE: I"=400 WCR 49 4 G 0 lJ_IN Y WELD COUNTY,COLORADO I DATE: 6-19-15 BY: DRII SHEET: 1 of3 EXHIBIT-C TEMPORARY EASEMENT #2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0026'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24 A DISTANCE OF 238.32 FEET; THENCE SOUTH 89'33'44" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD A DISTANCE OF 108.37 FEET AND BEING THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 69'01'55" WEST A DISTANCE OF 21.54 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 413.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15790.00 FEET, CENTRAL ANGLE IS 0129'58" AND WHOSE CHORD BEARS NORTH 01'33'03" EAST A DISTANCE OF 413.24 FEET; THENCE NORTH 02'18'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 597.94 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 597.88 FEET; THENCE NORTH 00'26'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 87.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS NORTH 00'38'14" WEST A DISTANCE OF 87.02 FEET; THENCE NORTH 89'09'49" EAST A DISTANCE OF 20.00 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 87.16 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS SOUTH 00'38'14" EAST A DISTANCE OF 87.16 FEET; THENCE SOUTH 0026'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 598.84 FEET; THENCE SOUTH 0218'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS SOUTH 01'33'56" WEST A DISTANCE OF 404.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26,410.14 sf. OR 0.61 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. TEMPORARY EASEMENT WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION asp mai WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY WCR 49 PROJECT NO: SRP-26 SCALE: 1"-400 _G O_U -r_ WELD COUNTY,COLORADO DATE: 6-19-15 BY: DRH SHEET: 2of3 EXHIBIT-C NE E 4 I. r c�,-/ KLEIN NW ,4 524 75N-R63W i I ' i q 4, S.') 75 N .x,54 N Q- SANDIN FARMS S89'48'24"W I ' P.O.C. IC -______\ 107.17' (TIE) ,,. i E 1/4 COR S24—T5N—R65W is. i 2 1/2" A.C. STAMPED ALLES L4 LS#9644 2001 IN MON. BOX -. -..-.._..-.._.. IC If NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY ' • ' P.O.B.#1 PLAT. IT IS INTENDED TO (1) 51 I�� ILLUSTRATE THE ATTACHED 20' TEMPORARY EASEMENT #1 I o0 PROPERTY DESCRIPTION ONLY. 16,486.09 sf.± OR 0.38 ac.± ; ' — GEORGE & ELOISE MAXEY 1II N J Jc PARC.#096124000023 096124000023 i . 3 m g LINE TABLE RECP.#1317140 a)(nLINE BEARING DISTANCE rn U' o a L1 SO3'08'52"E 217.87' ' z m L2 S85'11'08"W 20.02' L2 I--.1.----1L3 NO3'08'52"W 217.87' SE i/1 L4 N89'48'24"E 20.01' `5=''4-'SN R55VV1 I EXISTING 30' RIGHT-OF-WAY L5 N00'26'16"W 238.32' L10I� I BK.86/PG.273 OCT. 12, 1889 L6 S89'33'44"W 108.37' r L7 S69'01'55"W 21.54' o 0, . L8 NO2'18'02"E 207.50' rn I 1 MAXEY L9 NO0'26'16"W 18.51' 20' TEMPORARY EASEMENT #2 L10 N89'09'49"E 20.00' 26,410.14 sf.± OR 0.61 ac.± I —APPARENT 30' RIGHT—OF—WAY L11 S00'26'16"E 18.51' L12 50218'02"W 207.50' �� • I SVV 1/4 U CURVE TABLE 0, . 319 T5N R64U1! C# LEN RADIUS DELTA CHD CHD BRG G1 357.61' 15770.00' 01'17'57" 357.61' SO2'29'53"E , I ADDITIONAL RIGHT-OF-WAY C2 248.02' 12530.00' 01'08'03" 248.01' SO2'34'51"E C3 248.60' 12510.00' 01'08'19" 248.60'NO2'34'42"W C4 358.64' 15790.00' 01'18'05" 358.64'NO2'29'49"W J J C5 413.25'15790.00' 01'29'58" 413.24' N01'33'03"E C6 597.94'12510.00' 02'44'19" 597.88'N00'55'53"E I FE C7 87.02' 12510.00' 00'23'55" 87.02' N00'38'14"W ; < MAXEY C8 87.16' 12530.00' 00'23'55" 87.16' SO0'38'14"E in o C9 598.90'12530.00' 02'44'19" 598.84'S00'55'53"W �' I .V-BU Y C10404.74'15770.00' 01'28'14" 404.73'SO1'33'56"W •0•B•#2 W- �,{L:.'' SE COR S24-T5N-R65W ��r0 V' " M `P 2 1/2" A.C. STAMPED LS 34980 2008 IN MO It L7 L : ' N.# S 1/4 COR. , L5 S 1/4 COR. S24-T5N-R65W BOX S19-T5N-R64W -0--- . . _\ Q(ISTING ROW - NO�GCESS �� M & iDA.RY / / TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS TE-47 WCR 49 CORRIDOR PROJECT • BETWEEN WCR 54& US HWY 34 GEORGE & ELOISE MAXEY ✓��/�� WCR 49 t'Jl__I - N T Y PROJECT NO: SRP-26 SCALE: 1"=400 WELD COUNTY,COLORADO DATE: 6-19-15 BY: DRH SHEET: 3 of3 EXHIBIT D PREPARED BY: Atmos Energy Corporation 1200 11th Avenue Greeley,CO 80631 RIGHT-OF-WAY AND EASEMENT STATE OF COLORADO § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WELD § THAT, GEORGE A. MAXEY AND ELOISE J. MAXEY, whose address is 26331 County Road 49, Greeley, CO 80631, hereinafter called GRANTOR (whether one or more), for and in consideration of the sum of Ten and NO/100 ($10.00) DOLLARS, and other good and valuable consideration in hand paid by Atmos Energy Corporation, a Texas and Virginia corporation, whose address is P.O. Box 650205, Dallas, TX 75265-0205, hereinafter called GRANTEE, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey, unto the said Grantee, its successors and assigns, a perpetual right-of- way and easement in, across, under, over and through the following described property in Weld County, State of Colorado(hereinafter the"Property"), and described as follows, to wit: EXHIBIT B ATTACHED(3 pages) Right-of-way and Easement twenty (20)feet in width, to install, construct, reconstruct, inspect, operate, maintain, alter, repair, change the size of, replace and remove, abandon in place and/or remove at will, in whole or in part, relocate along the same general direction, relocate in the same relative position to any adjacent road if and as such road is widened in the future, one or more gas pipelines, service laterals and extensions thereto, together with meters, regulators, cathodic protection equipment and aerial markers, and all other facilities, equipment and other appurtenances thereto, over and through the Property, necessary or convenient to Grantee in the use of said pipeline(s) (collectively, unless the context indicates otherwise, the"Pipeline"), This grant shall carry with it the rights of ingress and egress to and from said Property and/or Facilities Property, including the right to temporarily utilize adjoining property of Grantor during construction, repair and maintenance of the Pipeline and/or Facilities with the right to use existing roads for the purpose of constructing, operating, inspecting, repairing, and maintaining the Pipeline and/or Facilities, and the right of removal or replacement of the same with either like or different size or type pipe, facilities or equipment, whether larger or smaller, or other construction at will, either in whole or in part. I Grantor Initials TO HAVE AND TO HOLD the above described rights and easements, together with any other rights necessary to operate and maintain the Pipeline and/or Facilities over and across the above described property unto the said Grantee, its successors and assigns. With the exception of the easement area comprising the Facilities Property, if applicable, Grantor shall have the right to fully use and enjoy the surface of the easement area except for the purposes herein granted provided that such use and enjoyment shall not, in the sole judgment of Grantee, hinder, conflict or interfere with the exercise of the Grantee's rights hereunder. No permanent building, house, well, reservoir, structure or obstruction shall be constructed upon, under or across the easements or rights-of-way herein granted without the Grantee's written consent. Further, Grantor shall not fence the easement area or change the grade of the easement area or excavate within the easement area without the written permission of Grantee. Grantor further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior approval of Grantee. Grantee shall have the right to install at its expense, permanent gates in any existing fence to permit ingress and egress along the easement or right-of-way herein granted. Grantee agrees to pay for damages to growing crops and other property of Grantor, or any tenant or lessee of Grantor, as their respective interests may appear, arising out of the construction, operation, repair, inspection, maintenance or replacement of the Pipeline and/or Facilities maintained hereunder unless caused by the negligence of Grantor or of Grantor's agents, employees, representatives or assigns. Grantee agrees to hold Grantor harmless from all damages, injuries or claims by third parties resulting from the construction, operation or maintenance of any pipeline(s), facilities and/or appurtenances thereto constructed by Grantee under this easement. The Grantee shall bury the Pipeline, if applicable, to a depth not less than that required by applicable law or regulation. All construction, maintenance and repairs which shall be made to the Pipeline and/or Facilities shall be done at times suitable to Grantee and, if possible, at such times as will least interfere with the agricultural use of the Property. Grantee shall have the full right, at its sole option, to clear, and keep clear, the right-of-way and easement herein granted, and all timber, trees, undergrowth and other obstructions which might interfere with the construction, operation, inspection, repairing or maintenance of the Pipeline and/or Facilities, or endanger same. Grantee shall have the right to select the exact location of said Pipeline(s) and any future Pipeline(s) within said easement, and to do whatever may be requisite for the use and enjoyment of the rights herein granted. Grantee agrees to restore the Property and/or Facilities Property to as close to the original condition as is reasonable. Grantor represents that Grantor is the owner in fee simple of the land above described, free and clear of any unstated liens, encumbrances or imperfections, and warrants the title to the Property and/or Facilities Property, subject to outstanding mortgages, if any, now on record in said County/Parish. Grantor shall retain all oil, gas and other mineral rights in, on and under the right of way and easement granted herein. This right-of-way and easement shall run with the Property and/or Facilities Property and inure to the benefit of, and be binding upon, the successors in interest of Grantor, in and to the Property and/or Facilities Property. Grantee shall have the right to assign this easement in whole or in part of one or more assignees. This contract is binding upon any subsequent owner or owners of said land, and it is hereby expressly understood that the parties securing this grant in behalf of Grantee are without authority to make any covenant or agreement not herein expressed. (,,lr1 Y Innials WITNESS THE EXECUTION HEREOF this day of , A.D., 20 GRANTOR: GEORGE A. MAXEY 26331 County Road 49, Greeley, CO 80631 ELOISE J. MAXEY 26331 County Road 49, Greeley, CO 80631 (�ruiwr Initials _ INDIVIDUAL ACKNOWLEDGMENT STATE OF § COUNTY/PARISH OF § The foregoing instrument was acknowledged before me this day of , A.D., 20_, by WITNESS MY HAND AND OFFICIAL SEAL. (Type, print or stamp name) NOTARY PUBLIC My Commission Expires: Notary Identification No.: Graniur 111111,1E- JOINT ACKNOWLEDGMENT STATE OF § COUNTY/PARISH OF § The foregoing instrument was acknowledged before me this day of A.D., 20 , by and WITNESS MY HAND AND OFFICIAL SEAL. (Type, print or stamp name) NOTARY PUBLIC My Commission Expires: Notary Identification No.: ACKNOWLEDGMENT BY CORPORATION OR OTHER BUSINESS ENTITY STATE OF § COUNTY/PARISH OF § The foregoing instrument was acknowledged before me this day of A.D., 20 , by , known to me to be the of WITNESS MY HAND AND OFFICIAL SEAL. (Type, print or stamp name) NOTARY PUBLIC My Commission Expires: Notary Identification No.: 6 (;ru)ts In]Hal, Hello