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HomeMy WebLinkAbout20161792.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS — JEFF AND DEANNE 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, the Board has been presented with An Agreement for Purchase of Public Road Right -of -Way 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 Jeff and Deanne Maxey, 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 for the Purchase of Public Road Right -of -Way 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 Jeff and Deanne Maxey be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said agreement. CG' Ca- c ac.), Teri Maxu6, K m Op e_t_ / la/aolQ, 2016-1792 EO0073 RE: AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 49 - JEFFREY AND DEANNE MAXEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d. h,L/ jeji;j. EXCUSED Mike Freeman, Chair Weld County Clerk to the Board BY: Mtn GU • puty Clerk to the Board APPROVED AS TO FORM: Cm - County Attorney Date of signature: 7 /CO/ � Sean P. Conway, Pro -Tern Julie A. Cozad Moreno 2016-1792 EO0073 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT -OF -\k:1\ FOR CERTAIN IMPROVEMIENTS TO WELD COUNTY ROAD 49 BETWEEN JEFFREY A. \IAXF.V!AND DF::SN\F; I\1. 11:\XlE':Y AND \NE LU COUNTY, COLORADO I FI1S AGREEMENT is made this 61 da\ of MAN . 2016, by and between JEFFREY :A. MI:SXEY :AND I)EANNE M. MAXEY. whose ad(lress is _6408 County Road 49. Greeley, CO 80631. hereinafter collectively referred to as -Owner.- and the COUNTS OF WELD. a body corporate and politic of the State of Colorado. by and through its Board of County Commissioners. whose address is 1 150 '0' Street. Greeley. Colorado 80b1I herernaller referred to as -011.111(y.." WI I.NESSE.I FI. WHEREAS. Owner owns a parcel of real property described in the attached Exhibit "A" hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS. RI•.\S. County finds it necessary to rebuild and improve Weld County Road 49 thereinafter "WCR -49"t. which will improve the alignment and construction of the roadway. thereinafter referred to as "WCR 49 Corridor improvement Project" (the "Project-i. and \\ I IFRLAS. County requires the parcel of the Public Road Right-of-\k'ay for the henetit of County in order to complete a portion of said Project. and NOW, I I IF:RE:It)Rh, the parties herein agree as follows: OWNER'S R'S RltdI IS :AND RESPO\SIIIILI I ILS: 1. 1 X11113115. The following exhibits are attached hereto and incorporated as if folly set forth herein: a. Exhibit A. Description of Public Road Right of Way: h. Exhibit 13. I ) scription of and Costs Related to fencing: Exhibit C. Description of and Costs Related to Trees: d. Exhibit D. Description Oland Costs Related to Concrete Ditch: and .AC;RC:£:\1LN I f(.) PURCHASE AND SELL Pt.RCH:\SF PRICE: Owner agrees to sell at closing and County agrees to purchase the Public Road Right -of - Way shown and or described on Exhibit A for the sum provided in section 4 of { ounty's Rights and Responsibilities, below. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. WARRANTY Y l)LH). Owner agrees to grant the Public Road Right -of -Way to the County by Special Warranty Deed, tree and clear of all liens and :ncumbrances. except existing e.rseme:its and all other matters of record. 4211648 Pages: 1 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO 1111 111 II I 2016-1792 4MOMS. I S. owner Than retain the mineral estate under the I'uhl:e Road Right -01-W ay. and shall alit' retain any ‘\ater rights currently attached to or assoeiated with the Public Right -of -\\'ay. CLOSING. Owner shall deliver the tiil'\ executed Special Warranty Deed for the Public Road Right -of -Way to Count.' at the date of closing which ;hall be no later than thirty (?1i) days following the County 's execution of this \grecment T -\XFS .\\U k:\('1.\IRR.\\('FS ()once •hall pay any encumbrance associated with the Public Road Right -of -Way which is required to he paid. including. but not limited to, a prorated amount of the property taxes. and any past due property taxes. Land interest and penalties thereon). on or before the date of closing when Owner delivers the Special \r(arrant' Deed to (bounty. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the I'ubiic Road Right -of -\k ay. .\C('FSSES. Owner shall maintain the use of live existing at,ct.a points adjacent rt) County Road 4c) during the duration of Owner's s Ownership. ( )ncc ownership changes (except t!1r All ownership change within the Maxey family such di a family trust or inheritance) or .1 change of use from use by right farming, or ranellin_, on the property occur. all accesses may he closed except for two locations to he determined by the Hoard of County (commissioners through the land use procedures in effect at that nine K. I'F:NII't)R.\RY I.I('I-.\til• I +)R I RE•.Fs IN RI(ilI I OF WAY. U'. ner shall maintain the trees as #3, #4 and #5. which will he ai!owed to remain within the County. Right -of -Way until ownership of the property changes (except l;)r an ownership chance within the Rlaxe\ lainil\ such as a family trust or inheritance t. or until a change of use from use by right farming or ranching on the property occurs. Owner agrees to appropriately maintain and or remove any trees. branches and other vegetation debris, which have the potential to erea:e hazardous driving conditions to the general public toll thing Weld County Road 4'). No additional uses or facilities are permitted in the Right -of -Way. Notwithstanding this section K. Owner. or t hvner's successor in interest if the property is conveyed by. any means. -shall remove all personal property and linprllhum the r'ig'ht of way if ownership of the property changes or there is a change of use from use by right farming or ranching on the property. such removal shall be made within ninety ILA); days .,t' such chance. at :he Owner's expense. as Owner is being compensated Itrr si_.cll removal pursuant to this .\ur,fement. t) RFFM1t)\'.\L. OI- I\IPRU\'F•\IF:NIS I Rt)M RI(illt t)F \4\\. l:\cept as spccitieally permitted in 'action R of this \urcemeat. (t\\net sh.al remove all personal property and improvements from '.ale right 01 I"\ October ail . ?nits or County ilia\ remove said property and En '1't?`. eilierit.. such pci'-ostall proper \ 4211648 Pages: 2 of 19 06/15/2016 02:52 PM R Fee:$0.00 Cary Koppes. Cleric and Recorder, Weld County. CO 111 !GI���IG'�r }� �� MiM1hJ 11oI ! ii'i iI II I Page 3 of 6 and improvements include, but is not limited to: the four strand barbed wire fencing, six-foot (6') tall cedar privacy fence described in Exhibit B, the concrete ditch improvements described in Exhibit D, and the water well. Owner shall comply with the requirement to remove the well from the right of way by causing the well to be plugged and abandoned, including the completion of all necessary permitting requirements with the State of Colorado. 10. RIGHT OF WAY FENCE. Owner shall install a permanent fence on the right of way line by October 31, 2016. The parties anticipate that Owner will reuse the four strand barbed wire removed from the right of way. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. TITLE INSURANCE. 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. 2. RECORDING FEES. County shall at closing pay all fees associated with recording this Agreement and / or the Special Warranty Deed. 3. IRRIGATION WATER. County shall replace culvert and necessary support structures to transfer surface irrigation water under and across Weld County Road 49 from the Southeast Quarter of Section 24, Township 5 North, Range 65 West to the West half of the Southwest Quarter of Section 19, Township 5 North, Range 64 West by February 1, 2017 unless otherwise agreed to in writing by Owner. County shall coordinate location and installation with Owner prior to construction and availability of irrigation water to Owner shall not be disrupted by County's construction of the culvert and support structures during the growing season. 4. COMPENSATION FOR RIGHT OF WAY. County shall pay Twelve Thousand Eight Hundred Forty Three Dollars ($12,543.00) to the Owner for the Public Road Right -of -Way by County warrant(s) at the date of closing. 5. COMPENSATION FOR BARBED WIRE FENCING. County shall pay Owner Six Thousand Six Hundred Fifty Dollars ($6,650.00) for fencing including removal and replacement of 1,900 feet of 4 strand barbed wire fence. 6. COMPENSATION FOR CEDAR FENCING. County shall pay Owner Four Thousand Twenty One Dollars ($4,021.00) for fencing outlined Exhibit B including removal and replacement of cedar fence. 7. COMPENSATION FOR RELOCATION OF PIPE FENCING AND SIGN. County shall pay Owner Three Hundred Forty Five Dollars ($345.00) for Owner to relocate existing pipe fencing and sign to the edge of the new Road Right of Way. 4211648 Pages: 3 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 4 o16 8. COMPENSATION FOR RELOCATION OF METAL TUBE GATES. County shall pay Owner One Thousand One Hundred Dollars ($1,100.00) for Owner to relocate the existing five 12 -foot -wide metal tube gates separating the corrals outside the new Road Right of Way. 9. COMPENSATION FOR TREES. County shall pay Owner Five Thousand Two Hundred Sixty Dollars ($5,260.00) for trees #3, 4, 5 outlined in Exhibit C. 10. COMPENSATION FOR CONCRETE IRRIGATION DITCH. County shall pay Owner Eighty Nine Thousand Five Hundred Dollars ($89,500.00) for the removal and replacement of the concrete irrigation ditch outlined in Exhibit D. 11. COMPENSATION FOR ADDITIONAL CONCRETE. County shall pay Owner One Thousand Dollars ($1,000.00) for concrete not included in irrigation bid for concrete riser/dividing structure not included in Exhibit D. 12. COMPENSATION FOR FILL DIRT. County shall pay Owner Sixteen Thousand Seven Hundred Seventy Dollars ($16,770.00) for fill dirt necessary to elevate the new concrete irrigation ditch to maintain flows, which is otherwise not included in Exhibit D. 13. COMPENSATION FOR RELOCATION OF WELL. County shall pay Owner Sixty One Thousand Two Hundred Twenty Three Dollars ($61,223.00). Reimbursement includes construction of a small shed and all abandonment of existing well. 14. COMPENSATION FOR NOISE ABATEMENT. County shall pay Owner Five Thousand Nine Hundred Forty Dollars ($5,940.00) for Owner to construct a free- standing concrete block wall for noise abatement. 15. COMPENSATION FOR DRIVEWAYS. County shall pay Owner Three Thousand One Hundred Thirty Three Dollars ($3,133.00) for existing driveways. 16. COMPENSATION FOR ADMINISTRATIVE COSTS. County shall reimburse Owner Three Thousand Three Hundred Thirty Six Dollars ($3,336.00) for the oversight of removal/salvage and installation of reimbursed damages outlined above in numbers 4 through 14 of this section (County's Rights and Responsibilities). All sums set forth in paragraphs no. 4 through no. 16 immediately above totaling Two Hundred Eleven Thousand One Hundred Twenty One Dollars ($211,121.00) shall be paid by County to Owner at Closing. This sum is being paid by County to Owner in lieu of County continuing condemnation proceedings to acquire the Public Road Right -of -Way. The total sum of $211,121.00 shall be paid to Owner by two checks, one in the amount of $12,843.00 for the Public Road Right -of -Way and one in the amount of $198,278.00 for relocation and damages to Owner's improvements. 4211648 Pages: 4 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III I ����'N f''��G���I :� ; ���wk��t�i'hl �� i i III II Page 5 of 6 MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way, made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 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. 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. 4211648 Pages: 5 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO h�,1.111I 'h�J',Y�h Bill ( ounty :\ttornc\ OWNER: JEFFREY A. NIA WV .AND DI ANNE M. MIAXEY Jl: Y A. N1.\NIA Date: •3 , ` \<_) AI fESl: Weld ( BY: ddrAgeti w•-do;ii It j Clerk o the Iitur.l Deputy C'1 k to the Boa 47a) \ IS It L . I) Controller APPROVED AS TO FORM: ;s DF.\NNE M. \MAXI\ BOARD OF COUNTY COMMISSIONERS WELD COUNTY. ('UI.URAD() Sean P. Conway, Pro -Tern ROVED) AS 1)--Strt . I ANCE: al or Department Head Dircctor ()I' Getieral Services 4211648 Pages: 6 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO Mill ���� -/ 7�- EXHIBIT -A RIGHT-OF-WAY TWO PARCELS OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0963-19-3-RE1886 (RE -1886) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2500359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19 A DISTANCE OF 400.24 FEET; THENCE DEPARTING SAID LINE NORTH 89'33'44" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 87'45'48" EAST ALONG THE SOUTH LINE OF LOT -A OF SAID RE -1886 A DISTANCE OF 6.13 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 163.68 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'36'00" AND WHOSE CHORD BEARS SOUTH 01'08'10" WEST TO A POINT ON THE SOUTH LINE OF LOT -B OF SAID RE -1886 A DISTANCE OF 163.68 FEET; THENCE SOUTH 69'02'46" WEST ALONG SAID SOUTH LINE TO A POINT ON SAID EXISTING EASTERLY RIGHT—OF—WAY LINE A DISTANCE OF 1.74 FEET; THENCE NORTH 00'26'16" WEST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 164.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 611.07 sf. OR 0.01 cc. MORE OR LESS. AND COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AS BEARING SOUTH 00'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'30'30" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 89'30'30" EAST A DISTANCE OF 2.89 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 350.57 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 01'17'06" AND WHOSE CHORD BEARS SOUTH 02'30'19" EAST A DISTANCE OF 350.56 FEET; RIGI IT OF WAY ACQUISITION JEFFREY & DEANNE MAXI:Y WCR 49 'Al I I) ('OI N I Y_ (All .Olt V DO 4211648 Pages: 7 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County. CO �iiix��lti�tlt \���irultl4l�,,kIii WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 °R0JECT AC'. SRN -_26 SCALE. I" -.On DATEI2-I?-IT 9v JIIB SHE" -E IuE3 EXHIBIT -A RIGHT-OF-WAY CONT. THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE OF THE RIGHT; THENCE 599.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,670.00 FEET, CENTRAL ANGLE IS 02'42'36" AND WHOSE CHORD BEARS SOUTH 01'47'34" EAST A DISTANCE OF 599.19 FEET; THENCE SOUTH 00'26'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE OF THE RIGHT; THENCE 605.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,670.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 605.53 FEET; THENCE SOUTH 0218'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE OF THE LEFT; THENCE 21.33 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'04'42" AND WHOSE CHORD BEARS SOUTH 0215'42" WEST TO A POINT ON THE NORTH LINE OF SAID LOT -A A DISTANCE OF 21.33 FEET; THENCE NORTH 89'49'32" WEST ALONG SAID NORTH LINE TO A POINT ON SAID EXISTING EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 14.62 FEET; THENCE NORTH 00'26'16" WEST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 2019.25 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,261.01 sf. OR 1.27 ac. MORE OR LESS. FOR A COMBINED TOTAL OF 55,872.08 sf. OR 1.28 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 1.51 cc.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4211648 Pages: 8 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Kappes. Clerk and Recorder, Weld County, CO fr'rjIiNviINIk gliallM II II I RIGHT OF WAY ACQUISEIION (RW 49) JEFFREY & DEANNE MAXEY W (R 49 NI I I) COI N I F_ ( CI.()RADO 'S. r WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BE IW1-TN WCR 54 & US HWY 34 PROJECT NO SI2I'-?o SCALE, I"-lr EATS 12-15-I B TIM SHEET '_ol P.0.8 W 1/4 CORD S19-T5N-R64WI 2 1/2" A.C. STAMPED ALLES I III LS#9644 2001 IN MON. BOX L6 EXHIBIT -A WCR 49 N EXISTING RIGHT-OF-WAY SW COR-P.O.C. 519-T5N-R64W 2 1/2" A.C. I STAMPED LS#34980 � -L3 2008 IN MON. BOX SEE I I DETA45 . / L4 L11 (TIE) JEFFREY & DEANNE MAXEY PARC.#096319300065 RECP.#2756959 LOT B/RE-1886 REC P. #2500359 LINE TABLE LINE BEARING DISTANCE Ll NO0'26'16'W 400.24' L2 N89'33'44"E 30.00' L3 N87'45'48"E 6.13' L4 569'02'46"W 1.74' L5 NO0'26'16"W 164.03' L6 N89'30'30"E 2.89' L7 SO3'08'52"E 217.87' L8 50026'16"E 18.51' L9 502'18'02"W 207.50' L10 N89'49'32"W 14.62' L11 N89'30'30"E 30.00' ADDITIONAL RIGHT—OF—WAY ACQUIRED 55,261.01 sf.± OR 1.27 ac.± ADDITIONAL RIGHT—OF—WAY ACQUIRED (SOUTH OF LOT —A) 611.07 sf.± OR 0.01 ac.± ADDITIONAL RIGHT—OF—WAY ACQUIRED COMBINED TOTAL OF a 55,872.08 sf.± OR 1.28 ac.± APPARENT 30' RIGHT—OF—WAY Er] L10 5 CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG Cl 163.68' 15630.00' 00'36'00" 163.68' SO1'08'10"W C2 350.57'15630.00' 01'17'06" 350.56' 502'30'19"E 03 599.25' 12670.00' 02'42'36" 599.19' 501'47'34"E C4 605.59'12670.00' 02'44'19" 605.53' 500'55'53"W CS 21.33' 15630.00' 00'04'42" 21.33' 502'15'42"W ADDITIONAL R.O.W ING RIG IF -WAY RIGI IT OF WAY ACQUISITION ciw a- JEFFREY & DEANNE MAXEY U CR-19 UI LD col SIN. 0111R \1X1 4211648 Pages: 9 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO 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. L 3 P O.B. 0 L4 -DETAIL- O o a' WELD COUNTY DEPARTMENT Of: PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PRO„Fl.- N0. SRP-'_6 SCALE I 21 DALE. 12-15-14 DRAWN 5Y. JIIB SHEET 301 VIIIMIraRnitt,ItiAIMIPNEhrIlialliP itikI+iIIII Bonnell Fencing Services, Inc PO Box 337442 Greeley, CO 80633 Name / Address Exhibit B Proposal / Contract Date Proposal # 5!812015 l l 6.36 Ship To 26331 CR49 Kersey CO Ph 970-353-1819 Fax 970-353-1988 E -m... paul@bonnellfencing.com _ Terms Description Qty Cost Total 6' tall Cedar Privacy Fence (with 6x6 posts) - remove and dispose of existing 120' white painted fence - install new cedar fence on 6x6 po5ls - does NOT include painting Labor to tear out and dispose of existing fence I20 3.50 420.00 6' Fall Cedar Privacy Fence (with 6"x6" brown treated posts) 120 15.85 1,902.00"1 Extra Posts (with concrete, rails and pickets) for short section of fence 1 42.00 42.00'1' Labor to install fence 120 7.50 900.00 6" diameter Wooden Gate Posts 2 I8.50 37.OOT Labor to relocate White Metal l'ipe Structures 1 4R0.00 480.00 Labor to relocate 20' opening metal tube gates 2 120.00 ?40.00 I hank you for the opportunity to meet your fencing needs? Subtotal $4.021.00 All material is guaranteed to be as specilied, and the above work is to be performed in with the drawings and specifications submitted for above work and completed in a timely workmanlike manner. Any alterations or deviation from proposed work involving $0.00accordance Sales Tax (0.0 )/0) additional costs will he killed accordingly. Total $4,021.00 own with balance due in lull upon umess states spacthcally uthcrwise. Signature 4211648 Pages: 10 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■vII EPAl�'rr�rr f qQiiirlfIfWO, IV 1JDA r '1,0 •I III Exhibit C Maxxey Farms 2 Tree Valuation Landowners: Maxey Farms 2 Property location: 26468 WCR 49 Kersey, Colorado Purpose: To value trees to be removed in the widening of WCR 49 that provide landscape value to a residence. Date of field visit: April 21, 2015 Tree function: Trees add landscape value to the house mentioned above. They also provide shade, wildlife habitat, site protection from wind, and aesthetics. Process: A field inventory was conducted. Information collected was tree species, tree diameter, and location as it benefits the residence. Condition was evaluated per the descriptions in the Appendix. The book, Guide for Establishing Values of Trees and other plants, was utilized in determining tree values. Plant descriptions: A total of seven trees were examined. There are seven tree species represented. All but the Siberian elm are conventional and desirable for our area. However, the elm here adds significant value to the site in the form of afternoon shade. Other species present are shown in the Appendix. Tree numbered 4 shows signs of salt damage that may have come from WCR 49. All trees are well established, healthy and functional. See the Inventory in the Appendix for specifics. Discussion: Landscape trees are more valuable than those trees along roadsides or in natural wooded areas. They add comfort and beauty to this residence. No significant pest problems were found during the field examination. Life expectancy of all trees is at least twenty years. Estimated value: In my opinion, the estimated value of the Maxey Farms 2 trees is: $ 6,890. A table in the Appendix shows individual tree values. Certification: l hereby affirm the following: -I have no undisclosed interest in the property or appraised vegetation. - I personally inspected all trees and shrubs. - This appraisal has been made in accordance with recognized standards and practices. -According to my knowledge, everything contained in this report is true and not important facts have been omitted. 3c�g,Y May 4,2015 Raymond L. Mehaffey, Jr., ores er 4211648 Pages: 11 06/15//2015 02:52PM RFee $0.00 Carly Koppes, Clerk and Recorder. Weld County, CO �IIIrdll7: 7:111clulii,P4iirAliftliric, dill Maxey Farms 2 Inventory Tree No.Species Diameter Condiion Remarks Crabapple 2.7" Excellent In grass, 6" new twig growth 2 Austrian pine 6 0" Fair Leader damaged, imperfect form 3 Siberian elm 36.8" Fair Pruned, minor scattered dead branches, bacterial wetwood, forks (a% 9 feet 4 Ponderosa pine 10" Fair Minor needle damage from salt(road'.)_ bushlike form, fork la, 4' 5 Plum 4.3. 3.7, Fair Four stems, semi -crowded, 4- new twig growth 2.9 & 2- 6 C. blue Spruce 5" Fair Flat top, 4-5" new twig growth 7 Pear 6.6 & 3.7" Fair Two sterns, '- new twig growth Diameters measured at 4.5 feet above ground level. 4211648 Pages: 12 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO Maxey Farms 2 Values Tree number Estimated value . 1 $ 310 2 490 3 4,040 4 5 6 7 4211648 Pages: 13 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO VIIIMi�.rILJ�I+I '��L�I�hI.RtiT kILi,1 PiCJIOI1'110, 111111 890 330 480 350 � Trees #1 & #2 _ - _ _ _ . —� � , , ; . , �- � � � � e� .. � ��- J , � + . F � � � _ f , ' f l ,. �4 :, • i� ,__. r �� :� + ;� ,' �� • y � , � � ~ �4 . '� • � ' m ` .� 'l , �t���� ; � �.. . '@ .: � � � � i � d ti � ' Y • 19�,.: . . . - ♦ � �� ♦ ♦itl� J' � a � ! �A�� e.� w' 1 { � � ... i ♦ . M}��.�'�r `=~FI✓��' r � . '�M1. - J� � �.wC"y .' ^�t1 _ . , `� I ; • �4 � . . ' � -'- .. _ _ .� . - yq�. . i 1'1A�. . � ` •.r -�-ty, . fti� �r: . - � .l_ . , �( , . .. , '- ' "„ ' �, . , i ' . • ' !�. ���, � ` ` ` i %� ., . , ♦ n .�y . . . . . � • �ai . r j S' . • I �� • � � � :,ry , ' �C. _� y'� • '� y �_ ��.��� . � . I � � ♦a�� �r.�� � � ! I _ � / ' ' i ��y� � � •ri �� . , r . Mln1� . � �.Ri , � ��� 2� ��.. ' . ,_ r '� ��, ; � ' ;, � � i .: � �2. ;, � _' ��;': ; . . I 4� / � � � � � � ) i � .a , J � i x F � � J . � �. � y � ' � � Y . . �� � F _ �- � . ♦. . _ i, j Ic_ T c_.`� . .� .�I . . • .� . I � 4 •. . ° v. ' � � ' . - .. 1 •_ ' y/ • • . :r - r 4211648 PagGs : 19 of 19 06/ 15/2016 02 : 52 PM R Fec : $0 . 00 Carly Koppes , Clerk and Recortler . Weltl County ; CO ■iii ���ltisaa,sri�s +n�� rH�� N� ����r�,���� �iiii 4211648 Pages: 15 of 19 06/15/2016 02:52 PM R F€c:$0.00 Carly Kdpp s, Clerk and Recorder, Weld County, CO Trees #5, #6, & #7 4211648 Pages: 16 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ill FAO Dfie 1111 TREE CONDITION DESCRIPTIONS USED IN INVENTORIES Excellent - Good - Healthy, vigorous tree. No apparent signs of insect, disease. or mechanical injury. No corrective work required. Form representative of the species. Better than average vigor. Little corrective work needed. Not quite perfect tom. Fair - Average condition and vigor for the area. May be in need of sonic corrective pruning or repair. May lack desirable form characteristics of the species. May show minor insect injury, disease. or physiological problem. Poor - Very Poor - General state of decline. May show severe mechanical, insect or disease damage. Death not imminent. May require major repair or renovation. Includes "poor" above but is more extreme in that no amount of repair or renovation will lead to a desirable and sustainable tree. Costs would exceed any benefit. 4211648 Pages: 17 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII M!�11L,�t+ it .�Mi�r�'tia 47ELf'ti��.Pt�nU,�i IIilly), II MI BACKGROUND Education Raymond L. Mehatley, Jr. Colorado State University B.S. in Forest Management 1961) Colorado Slate (Jniversity Post graduate classes Introduction to Natural Resource Economics Real Estate Law Arboriculture Front Range Community College I andscape Management Partial list of workshops attended: National Urban I ree Symposium National Urban Tree Symposium II National Urban Forest Conferences, Two, Three, Four, and Six National Christmas Free Association Marketing Conferences (2) Valuation of landscape Frees, Shrubs, and Other Plants-ISA (2) Basic and Rural Properties Land Appraisal AIREA Rural Appraisal - Society of Farm Managers and Rural Appraisers Landscape and Turf Conferences - CS(J Extension Service Colorado Nurseryman's Association 1 rade Conferences (10) Windbreak Establishment and Survival - CSFS F xperienee 1958-1959 Kroh Nursery- Loveland, Colorado (part. rime) 1960-1975 US Forest Service - Oregon, Colorado, South Dakota 1975-1995 Colorado State Forest Service includes: Community and Urban Forestry 25% of time Windbreak Establishment & Nursery 5% of time Insect and Disease Identification & Mngt. 20% of time W'ildtire Prevention and Suppression 15% of time Forest Management Planning and I harvest 35% of time 1995 -present Greenglen Forestry Services -• private consultant Colorado Forestry Association - member Secretary -Treasurer Rocky Mountain Christmas 1 rec Association • 7 years Colorado Free Farm Committee- past chairman, member Lorimer County Chapter Colorado Tree Coalition - member and past hoard member Prepared the Appraisal Report for Crystal Lakes Land Exchange with the Roosevelt NF Wrote the Final Land Use Plan for the Snake River Basin, Arapaho NF Guest Speaker at the Sixth National Urban Forestry Conference in Minneapolis, MN Chairman of the 2004 National 'tree Farm Convention in Fort Collins, CO Awards Other Certificate of Merit US forest Service li)r superior performance in all phases of timber management. Commendation Colorado l'ree Farm Committee for leadership in the passage of I llt-1229, Fhc Forest Agriculture Act. Outstanding Perii)rmer Colorado State Forest Service tier outstanding approaches in cooperative li)restry. Newsletter Media Award National Arbor Day foundation for editing the outstanding conservation newsletter for the year 1989. Conducted numerous workshops on pining, planting, insects and diseases, Christmas tree culture, wildland tire control, windbreak design, and forest management practices. Articles published in state and national conservation publications. Organized the first and ten subsequent northern Colorado free Board Conferences. Provided technical forestry assistance to twenty-two l.arimer- Weld County communities. Free Farm Leadership Award. 4211648 Pages: 18 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, Co CIA BIM Pogo No. Exhibit D of Paget ADEN INC. CONCRETE DITCH LINING 907 N. 2ND ST. JOHNSTOWN, CO 80534 Di xp 7,} {970} 587.2540 PROPOSAL AND ACCEPTANCE R DocOt4 @ Cp. tJJEL.tJ .CO. V S 97d -3b� - 37 PROPOSAL SUBMITTED TO kk-) •ji l'- uctr Li J u 6 Li c_ IA) 0RKS PHONE DATE 05-06- 2015 STREET 1 1/1 {� • r4 &L 758 JOE NAME JEFF / l I XE � CITY. STATE AND ZIP CODE C R EE LEY OO 8063 2 JOO LOCATION 2648A J,�) 2 49 ARCHITECT ) DATE Of PLANS JOB PHONE y 4,1 4S fpec11 co?ianf On d Ofhmate5 or 1) 260 r+ RE.L\G�E /31J-0 _JL f FF E x l Sri rJr-, (r.Qn}c$� Li J$(P± NA1,14m FoR_A.D C ONcRQ.-rE 1_1 co _DlTC.}-1 lonc.) (± 1811 _DEEP x 1 211 .21.O7 -TOE X 2N YN Ic K S L. e L I Ai E.1> CQn14t261-E LJN nI_r�.F X20` ± 1811 STE E 2-7 Pf PE .rD1 V I Z.)1 G 13ox AT P U M P 7 EAe1A ± 12" G61 -E 4U-r-Le-rs SSARY . _E" C_ t r4 C„ EE -r--1Z t M i3 We Propose hereby to furnish material and labor — complete in accordance wish above se cificotions Gil r'{ -r-NpySAct.N E f l ut•ibREb Payment to be mode as follows Q rl GOM p LE I Q�J for the sum of. dauar, (S B9) 50O.o o All material is guaranteed to be as specified. Ail work to be completed m a workman, like manner according to standard practices Any awteration or deviation Iron" above specifications involving swim costs will be executed only upon wrtnen orders and will become an witro charge over as.d above the etumate All agreements contingent upon strikes. accidents or delays beyond our control Owner to carry fire tornado and other necessary insurance Our workers ore fully covered by Workmen -s Con. pensol.on InturOnce Authorized Signature Nof. This proposal may be withdrawn by us it nor occepted within IRO days Acceptance of Proposal _TM above antes specifications and conditions aye satisfactory and ore hereby accepted you ore authonred to do the work as specified. Payment will be made as outlined above Signature Date of Acceptance Signature 4211648 Pages: 19 of 19 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO 1111 IMI��.rl��3G'��Iu��i�l�Ch'��I�l'�'l�lfll �l��j I' sIk YL��h II III MEMORANDUM TO: Clerk to the Board DATE: June 23, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: Doc # 2016-1792 WCR 49 Corridor Project Special Warranty Deed with Jeffrey A. and Deanne M. Maxey. MAFrancie\AGENDA memos\Agenda-Tiffany.doc eon AjDkola- c6 )(i-J/M SPECIAL WARRANTY DEED THIS DEED, made thisp( / da o , , 2016, between Jeffery A. Maxey and Deanne M. Maxey, whose address is 26468 County Rosd 49, Greeley, CO 80631, of the State of Colorado, Grantors, and the County of Weld, a body corporate and politic of the State of Colorado whose address is 1150 "O" Street, Greeley, CO 80631, of the County of Weld, State of Colorado, Grantees; WITNESSETH, That Grantors, for and in consideration of the sum of One Dollar & 00/100 Dollars ($1.00), and 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, convey, and confirm, unto Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A, attached hereto and by this reference incorporated herein; also known by street and number as: 26468 County Road 49, Greeley, CO 80631 (the "Property") TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances, BUT RESERVING unto Grantors all water rights appurtenant to the Property and all oil, gas, and other minerals in, on, or under the Property, together with a right of ingress and egress for the purposes of exploring, developing and producing the same ; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantors, for Grantors and Grantors' heirs, successors, and assigns, do covenant and agree that Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors, and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantors, except taxes for the current year, and easements, restrictions, and rights -of -way of record. IN WITNESS WHEREOF, Grantors have executed this deed on the date set forth above. -a3r•x`e--\\°C-\3-^c't Deanne M. Maxey. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this c3 day of 3 Lu\ e> 20 , h, by Jeffery A. Maxey and Deanne M. Maxey. FTIFFANE V. JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201'54006170 MY CCMPAISSION EXPIRES MARCH 4, 2019 Notary Public My commission expires: IrGO,O'1 4 01019 4216712 Pages: 1 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WI:YAM III II aoccfl-l'�qa EXHIBIT -A RIGHT-OF-WAY TWO PARCELS OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. O963-19-3-RE1886 (RE -1886) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 25OO359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AS BEARING NORTH OO'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19 A DISTANCE OF 400.24 FEET; THENCE DEPARTING SAID LINE NORTH 89'33'44" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 87'45'48" EAST ALONG THE SOUTH LINE OF LOT -A OF SAID RE -1886 A DISTANCE OF 6.13 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 163.68 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS OO'36'OO" AND WHOSE CHORD BEARS SOUTH O1'O8'1O" WEST TO A POINT ON THE SOUTH LINE OF LOT -B OF SAID RE -1886 A DISTANCE OF 163.68 FEET; THENCE SOUTH 69'O2'46" WEST ALONG SAID SOUTH LINE TO A POINT ON SAID EXISTING EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1.74 FEET; THENCE NORTH OO'26'16" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 164.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 611.07 sf. OR 0.01 ac. MORE OR LESS. AND COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AS BEARING SOUTH OO'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'3O'3O" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 89'3O'3O" EAST A DISTANCE OF 2.89 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 350.57 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS O1'17'O6" AND WHOSE CHORD BEARS SOUTH O2'3O'19" EAST A DISTANCE OF 350.56 FEET; RIGHT OF WAY ACQUISITION JEFFREY & DEANNE MAXEY WCR 49 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE: 1 "=300 DATE: 12-15-14 BY: JHB SHEET: 1 of3 4216712 Pages: 2 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ���� Nr1Fillii'Nee ELIVirift EXHIBIT -A RIGHT-OF-WAY CONT. THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE OF THE RIGHT; THENCE 599.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,670.00 FEET, CENTRAL ANGLE IS 02'42'36" AND WHOSE CHORD BEARS SOUTH 01'47'34" EAST A DISTANCE OF 599.19 FEET; THENCE SOUTH 0026'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE OF THE RIGHT; THENCE 605.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,670.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 605.53 FEET; THENCE SOUTH 02'18'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE OF THE LEFT; THENCE 21.33 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'04'42" AND WHOSE CHORD BEARS SOUTH 0215'42" WEST TO A POINT ON THE NORTH LINE OF SAID LOT -A A DISTANCE OF 21.33 FEET; THENCE NORTH 89'49'32" WEST ALONG SAID NORTH LINE TO A POINT ON SAID EXISTING EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 14.62 FEET; THENCE NORTH 00'26'16" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 2019.25 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,261.01 sf. OR 1.27 cc. MORE OR LESS. FOR A COMBINED TOTAL OF 55,872.08 sf. OR 1.28 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 1.51 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 ACQUISITION R W -49 JEFFREY & DEANNE MAXEY WCR 49 WELD COUNTY, COLORADO T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE: 1"=300 DATE: 12-15-14 BY: JHB SHEET: 2 of 3 4216712 Pages: 3 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111 R P.O.C. W 1/4 COR S19-T5N-R64W 2 1/2" A.C. STAMPED ALLES LS#9644 2001 IN MON. BOX WCR 49 EXISTING RIGHT-OF-WAY , SW COR-P.O.C. I S19-T5N-R64W 2 1/2" A.C. I j STAMPED LS#34980 2008 IN MON. BOX B SEE DETL,� L11 (TIE) EXHIBIT -A JEFFREY & DEANNE MAXEY PARC.#096319300065 RECP.#2756959 LOT B/RE-1886 RECP.#2500359 LINE TABLE LINE BEARING DISTANCE L1 NO0'26'16"W 400.24' L2 N89'33'44"E 30.00' L3 N87'45'48"E 6.13' L4 S69'02'46"W 1.74' L5 N00'26' 16"W 164.03' L6 N89'30.30"E 2.89' L7 S03'08'52"E 217.87' L8 SO0'26'16"E 18.51' L9 S02'18'02"W 207.50' L10 N89'49'32"W 14.62' L11 N89'30'30"E 30.00' ADDITIONAL RIGHT—OF—WAY ACQUIRED 55,261.01 sf.± OR 1.27 ac.± ADDITIONAL RIGHT—OF—WAY ACQUIRED (SOUTH OF LOT -A) 611.07 sf.± OR 0.01 ac.± ADDITIONAL RIGHT—OF—WAY ACQUIRED COMBINED TOTAL OF 55,872.08 sf.± OR 1.28 ac.± APPARENT 30' RIGHT—OF—WAY CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG C1 163.68' 15630.00' 00'36'00" 163.68' S01'08'10"W C2 350.57' 15630.00' 0117'06" 350.56' S02'30'19"E C3 599.25' 12670.00' 02'42'36" 599.19' S01'47'34"E C4 605.59' 12670.00' 02'44'19" 605.53' SO0'55'53"W C5 21.33' 15630.00' 00'04'42" 21.33' S02'15'42"W R K. MAXEY LOT A/RE-1886 3 - ADDITIONAL R.O.W. RIGHT OF WAY ACQUISITION WCR 49 RIG JEFFREY & DEANNE MAXEY WCR 49 4216712 Pages: 4 of 5 07/06/2016 12:36 PMd Re Fee:$0.00der, Fee :$0. 0 Carly Koppes, 1111 O WA IN,iIik 14,10.104.11.4 I II II ING F —WAY MILLER LNITY 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. SW 1/4 S19-T5N-R64W MOWERY -DETAIL- MOWERY �. HERG ENREDER WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 DATE: 12-15-14 DRAWN BY: JHB SCALE: I"=300 SHEET: 3 of 3 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). r/ H Dated this ` day of ATTEST: `".,,e4 v CLERK TO THE BOARD OF COUNTY COMMISSIONERS THE COUNTY OF WELD BY: y Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) OFT , 201• COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE TATE OF COLORADO Mike Freeman, Chair BOARD OF COUNTY JUN 2 7 2016 COMMISSIONER OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this O2 / day of , 2011oby Mike Freeman, BOARD OF COUNTY COMMISSIONERS E COUNTY OF WELD. Witness my hand and official seal. My commission expires: j02//9 4216712 Pages: 5 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I Kilil,FrOi! II II Notar CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEG, 19, 2018 o P/‘, -/ 79.2 Hello