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Home My WebLink About20161394.tiff RESOLUTION RE: APPROVE AMENDED AND RESTATED AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HOUA THAO, MEE LO, YIA THAO, THAI YANG 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 Amended and Restated Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Houa Thao, Mee Lo, Yia Thao, and Thai Yang, with terms and conditions being as stated in said amended and restated agreement, and WHEREAS, after review, the Board deems it advisable to approve said amended and restated 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 Amended and Restated Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Houa Thao, Mee Lo, Yia Thao, and Thai Yang be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. (TY/PC3 5 as- It, 2016-1394 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HOUA THAO, MEE LO, YIA THAO, AND THAI YANG PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS rrte� WELD COUNTY, COLORADO ATTEST: d S -te-S;€4 enV,M,,.Mike Freeman, Chair Weld County Clerk to the BoardBY: 7 c- G4 n I-�' Sean P. Conway, Pro-Tem Dep ty Clerk to the Board �� I Att./O g: e:, . Cozad / isai I; AF" • E O FORM: I•-r-ra Kirkmey:r ou y Attorney Steve Moreno Date of signature: 6//F/X� 2016-1394 EG0073 1861 �_ MEMORANDUM �Xll TO: Clerk to the Board DATE: 4/15/2016 2—_,G iu FROM: Tiffane Johnson, Public Works Department RECEIVED SUBJECT: Agenda Item APR 1 8 2015 WELD COUNTY RE: Doc #2016-0482 COMMISSION Pc' WCR 49 Corridor Project Amended and Restated Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement, and Temporary Construction Easement with Houa Thao,Mee Lo, Yia Thao, and Thai Yang. M.\Francie\AGENDA memos\Agenda-Tiff-L doc 2016-1394 AMENDED AND RESTATED AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN HOUA THAO, MEE LO, YIA THAO, AND THAI YANG AND WELD COUNTY, COLORADO TI IIS AGREEMENT is made thisorri6 day of 2016, by and between Houa Thao and Mee Lo, whose address is 11742 Cham ers Drive, Commerce City, CO 80022, and Yia Thao and Thai Yang,whose address is 11822 County Road 49, Hudson, CO 80642, hereinafter collectively 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, whose address is 1 150 'O' Street. Greeley, Colorado 80631 hereinafter referred to as "County" and is intended to amend and restate in its entirety the specific Agreement recorded February 4, 2016 at reception number 4178693 with the Clerk and Recorded for Weld County, Colorado. WITNESSETH: 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, Owner owns a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"). which will improve the alignment and construction of the roadway. (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project'), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that 4198735 Pages: 1 of 15 04/27/2016 11.00 PM R Fee:$0.00 el /39 Carly Koppe/2016 1:00Clerk and Recorder, Weld County, CO ■III M!�1l;lTill�'ll�li t�a�'��lfht6��h1'+lfiti1h�14Yls�, III III said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Seven Hundred Fifty-Eight and 00/100 Dollars, (S758.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit"C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred Ninety-five and 00/100 Dollars, ($495.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before April 15, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant a Temporary Construction Easement to the County. free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. Owner agrees to grant a Permanent Easement to the County, in the form attached hereto as Exhibit"D," free and clear of all liens, encumbrances or other possessory claims, except existing easements. 9. The Temporary Construction Easement shall commence on the day of closing and shall expire and shall be of no further force or effect on January 1, 2019 or upon completion of the Project, whichever is earlier. 10. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. I I. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also 4198735 Pages: 2 of 15 Page2of5 04/27/2016 11 :00 RM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO UHF PAM rlil }ilf l'I'l;h�yh��Ih :hlrPr ' i F, 11111 retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes. (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and/or the Warranty Deed. 3. County shall pay Two Thousand Two Hundred Seventy Nine and 00/100 Dollars ($2,279.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before April 15, 2016. If the agreement is not signed and returned on or before April 15,2016, the County shall maintain its current offer of Fair Market Value of One Thousand Seven Hundred Fifty Three and 00/100 Dollars ($1,753.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be 4198735 Pages: 3 of 15 Page3of5 04/27/2016 11 :00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO •IIIM��1�'hfill��If4Cl�rJ:G'aYI,F!?GYI;�, 4k+L�L'I�,YLI� II III responsible for maintenance of said fence. 6. COMPENSATION FOR TREES. County shall reimburse Owner One Thousand Five Hundred Dollars (S1,500.00) for trees located in the area described in Exhibit B. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement 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. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-10I et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party. or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises. terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4198735 Pages: 4 of 15 04/27/2016 11:00 PM R Fee:$0.00 Page 3015 Carly Koppes, Clerk and Recorder, Weld County, CO 1111k1�11"J��i�4',�I :I�LI�Frltii�}I�+�flil��IlY�h+��Y4j 11111 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Houa Thao, Mee Lo, Yia Thao and Thai Yang o Thao ee Lo 4�vvi �Lk 1"(- Yia Thao Thai Yang Thto ATTEST: ddyuwv '6k BOARD OF COUNTY COMMISSIONERS Weld C. inty Clerk to the Board WELD COUNTY, COLORADO O Deputy Clark to the Bo �i � ike Freeman, Chair ?p16 APR 2 5 apt 1/42 �1 �•,c.:� APPROVED AS TO FUN��1 �PPROVED AS TO SUBSTANCE: Controller f El e*- I or Depar ment Ifead APPROVED AS TO FORM: NIA U'S e vU'a'c,_ Director of General Services County Attorney 4198735 Pages: 5 of 15 Page 5of5 04/27/2016 11:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO EMI lira ,t,ITT?mWl+tmilalMdfu' II III O2o/' -/39 PHOTO EXHIBIT ill I of t<< s •. • f 1 • NW CORNER _, '::. ' 'r` r , ' ,;' ' ' `// ', - $6—T2N—R64W ` ti ',s .._, ■ ,M: _ __ _ te`*. 4 I i ( { ; 30' EXISTING RIGHT—OF—WAY . �,,•-,, , (BOOK 86 PAGE 273) ' x . -� yz ', • ,. • ,If+ ADDITIONAL RIGHT—OF—WAY If • '•-•:0, ;•r • ' 2,759s.f.± OR 0.063ac.± ( ' :.:::4.." : f"-' 'tj'� .:•• �.' III „' � • ... :s::*,.. , - �`. ` 20' TEMPORARY EASEMENT;' ,..::::::44,g _ •:*,.a%i';'-;,'' NE 1/426,406s.f.t OR 0.606oC.f r';: , r;' z S1 T2N R651N. . _ :` 'f' • 20' PERMANENT EASEMENT • ,a . :I' . . 26.406s.f.f OR 0.606ac.t rr „M� },,,,y �..: ;,; • r r�: ( , :� ;{ MEE LO AIL:&HOUA THAO .YIA THAO & THAI YANG.. : ; r.:.•'- r,,;.:.: t LVIN I)ECHAI�T JR. a '� . zit t I ` NW 1/4 ' ' I � 6 N W'S T2 R•64 7._- •�;� t ,€ .iiez , f4' ' / '40' EXISTING RIGHT—OF—WAY +s,,:.-' ..,. ., .1 • (BOOK 1046 PAGE 9) _r,1•;. . / 4 +*• y'.ADDITIONAL RIGHT—OF—WAY.,..••••:••'.!1-..,,,,!..- 1 . 1 • :1,559s.f.± OR 0.036ac.± --- ' .l• • ' -•-• : CATIIIERINE AND s ,,* L • I RANDY EVANS �.,,'"' r -• 1 e .., •• • ;:tq, �..; ' F_fir, W 1/4 CORNER ',' ,; ,•; ..S: ,:'� . S6-T2N-R64W , .1 .F . , WELD COUNTY DEPARTMENT PHOTO EXHIBIT OF PUBLIC WORKS 2:: WCR 49 CORRIDOR PROJECT -- BETWEEN WCR(s)24&26 I LO. THAO, THAO &YANG KING SI:Rl'F:1'ORS PROJECT NO: SRP-26 SCALE: 1"=250' 1 WCR 49 ,,,ti..l•_C mkn Drirr \\inJrrt.f•,L.r-do NI',i'i WELD COUNTY.COLORADO I, ::97i:t 4'c 5UI1 I ""Ilk l"6'K"O'r`tr„rtn,m DATE: 4.10-15 I DRAWN BY: CDI.jSHEET: 1 of 4198735 Pages: 6 of 15 04/27/2016 11:00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County: CO /III MITI'IIIIIrV'iiitiGrii'D4ttiii v'iikfOrhitilOliii, BIM EXHIBIT-A 21-THAO+YANG-ROW PROPERTY DESCRIPTION South Parcel A parcel of land being port of the North Half (N1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Ronge Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Qucrter (W1/4) corner of said Section 6 and assuming the West line of • the Northwest Quarter (NW1/4) of said Section 6, being monumentolized by a #6 rebar with o 2•' diameter aluminum cap stamped 't-S25937, 2OO1'• at the South end and by a #6 rebar with a 3 •• diameter aluminum c:ap stamped `t_S13155, 1999•• of the North end, as bearing North D0'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of sold Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (4O) feet, as measured at a right angle, Eost of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North OO'30'35" West along said East Right—of—way line a distance of 1320.05 feet to the South line of the North Half (N1/2) of said Lot No. 3, said point being the POINT OF BEGINNING; THENCE continuing North OO'3O'35• West along said East Right—of—way line a distance of 526.86 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 526.86 feet to the South line of the North Half (N1/2) of said Lot No. 3, said curve having a radius of 15630.00 feet, a central angle of O1'55'53" and a long chord bearing South O1'28'31" Eost a distance of 526.84 feet; THENCE South 88'49'39- West along the South line of the North Half (N1/2) of said Lot No. 3 a distance of 8.88 feet to the POINT OF BEGINNING. Said parcel of land contains 1,559 sq. ft. or 0.036 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. CON11NUED ON PAGE 2 RIGHT OF WAY OF COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO. THAO, THAO& YANG KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 6iU `..t ar.lrn I lmr I \.hor,t:nL+rnI s„iry WF.I.D COUNTY.COLORADO imp,_V701 .1011 t cmail:m6, ?1.011.5W ccnr DATE: 4-10-15 DRAWN BY CUL SHEET: I uf3 4198735 Pages: 7 of 15 04/27/2016 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IN1irjIatIlia ti r+iei:liTh VI■ 11.��*ii ��W �I 111 A � EXHIBIT- ic A parcel of land being part of the North Half (N1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T,2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorodc•, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebor with a 2" diameter aluminum cap stamped tS25937, 2001" at the South end and by a #6 rebor with o 3 IA" diameter clumirum cap stamped `1.S13155, 1999" of the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zcne, North American Datum 1983, o distance of 2640.22 feet, with all other bearings contained herein relative tnereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of said Section 6 o distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 00'30'35" West along said East Right—of—way line a distance of 2002.93 feet to the POINT OF BEGINNING; THENCE continuing North 00'30'35" West along said East Right—of—way line a distance of 637.13 feet to the North line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 88'58'24' East along the North line of the Northwest Quarter (NW1/4) of said Section 6 o distance of 13.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 637.42 feet to the POINT OF BEGINNING, said curve having a radius of 15630.00 feet, a central cngle of 02'20'12" and a long chord bearing South 00'39'31" West a distance of 637.38 feet; Said parcel of land contains 2,759 sq. ft. or 0.063 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD ND. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the North Half (N1/2) of said Lot No. 3. Said existing Right—of—way contains 52,802 sq. ft. or 1.212 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way, ,1On LI 4-.. .1k, .11 • VA .v v5•�G6 `f.:1 Y - Michael Chad Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #3B106 F�IGI I'I OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION tit P:00 OF PUBLIC WORKS (t2:32) tit ►1, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24 &26 LO, THAO, THAO & YANG KIN(; SURVEYORS PROJECT NO: SRP-26 SCALE: N/A , WCR 49 S„ Girl l..[iarlra Driu• I Windsor,(;.,k,n.4�;»(, Will)COUNTY.COI.(.11(:1')() l'I,,,,ie.'"i, ,.5u(( I cmuLIdouhuipuncyor.Na'"' DATE: 4.10-15 DRAWN BY: CDL SHEET: 2 of3 4198735 Pages: 8 of 15 04/27/2016 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County: CO lIII Ncilla loch ILIAMMI INMVICIAlilli 11111 EXHIBIT-A I I NW CORNER I 56-12N—Rei4W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP LINE TABLE STAMPED LS 13155 1999 I W WGt _ IN MON. BOX _- _-- LINE BEARING LENGTH - - - - L4 30'EX7SING RIGHT—OF—WAY j L1 N88'44'37"E 40.00' V csi (BOOK 86 PAGE 273) M U CENTERLINE CF PIPELINE EASEMENT 1 L2 S8$'49'39"W B.88' ` NO WIDTH G1VE7i(RECUNO. 24 S, INC J 09834)r L3 N00'30'35"W 156.02' ADDITIONAL. RIGHT-OF-WAY L4 N88'58 24"E 13.00' I ink 2,759s.f.± OR 0.063oc.t iii o o ME[ LO& HOUA THAO Fe 0 YIA THAO &. THAI YANG m z PARC.#130506000010 0 RECP.n3519230 CURVE TABLE to a M NW 1/4 CURVE LENGTH RADIUS DELTA CHORD CH BEARING A1.VIti $6-T2N-R64W UI'CI l.\t'l JR. POINT OF BEGINNING C1 526.86' 15630.00' 1'55'53" 526.84' SO1'28'31"E O J NORTH PARCEL NE l'° `r C2 637.42' 15630.00' 2'20'12" 637.38' SO0'39'31"W 51 T?i-R65:ti N 40'DOSING RIGHT—OF—WAY (BOOK 7048 PACE 9) ?'s; 3'ELECTRIC EASEMENT O 70 CCLORADO CENTRAL r POllER COMPANY p 'BOOK 1249 PAGE 241) O C0 Z W CV In _ NOTICE I 3 U According to Colorado law you must commence ?vi ADDITIONAL RIGHT—OF—WAY any legal action based upon any defect in this O� 1,559s.f.± OR 0.036oc.± survey within three years otter you first discover r)such defect.In no event may any action based O11 upon any defect in this survey be commenced 0 Z L2 more thoo ten years from the dote the sho wn shown hereon. (13-60-105 C.R.S. 2012) POINT OF BEGINNING 60' INGRESS&EGRESS£ASfMENWOR VEHICULAR. SOUTH PARCEL L PED.S7R/AN,LIIEST�CK AND B/CYCLE nwiiC rin (Ric ND. 1819560) NO This exhibit drawing is not intended to be a monumentallzed land survey. It's sole 0 purpose is as a graphic representation to aid • In the visualization of the written property •�i description which it accompanies. The written I M)I property description supersedes the exhibit lid drawing. POI W 1/4 CORNER I 0I S6-T21•J-R64W FOUND 16 REBAR WITH 2` ALUMINUM CAP O STAMPED LS 25937 2001 Z L1 IN MON. BOX -POINT OF COMMENCEMENT- WELD COUNTY DEPARTMENT RIGHT OF WAY OF PUBLIC WORKS ACQUISITION RW-21 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO. THAO. TI IAO & YANG KIM.; SURVIN(IRS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 Lill l'..(.ndo,Dnu. I \\ind4,r,Colnr in Iiiiii'i WELD COUNTY.C'C}IA)RA')O il., I"71t 1,(jolt , anal,„1"q-K„';s„n.y„n.nu„ DATE: 4-10-15 DRAWN BY CDL SHEET. 3 ot'3 4198735 Pages: 9 of 15 04/27/2016 11:00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO 111IIIAK1I IIi:Ile«d'r.' I hlt'r i hMIL 41't Rh fell, iifl OHM r -- EXHIBI T-B 21-THAO+YANG-PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half (N1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.). Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebor with a 2" diameter aluminum cap stamped 'LS25937, 2001" at the South end and by a #6 rebor with a 3 i" diameter aluminum cap stamped 1..S13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of sold Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 00'30'35" West along said Eost Right—of—way line a distance of 1320.05 feet to the South line of the North Half (N1/2) of said Lot No. 3; THENCE North 88'49'39' East along the South line of the North Half (N1/2) of sold Lot No. 3 a distance of 8.88 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the Eost a distance of 526.86 feet to a Point of Tangency (PT), said point lying on said East Right—of—way line, said curve having a radius of 15630.00 feet, a central angle of 01'55'53" and a long chord bearing North 01'28'31' West a distance of 526.84 feet; THENCE North 00'30'35" West along said East Right—of—way line a distance of 156.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 637.42 feet to the North line of the Northwest Quarter (NW1/4) of said Section 6, said curve having a radius of 15630.00 feet, o central angle of 02'20'12" and a Jong chord bearing North 00'39'31" East a distance of 637.38 feet; THENCE North 88'58'24" East along the North line of the Northwest Quarter (NW1/4) of said Section 6 o distance of 20.02 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 637.60 feet to a Point of Tangency (PT), said point being Twenty (20) feet, as measured at a right angle, East of said East Right—of—way line, sold curve having a radius of 15610.00 feet, a central angle of 02'20'25" and a long chord bearing South 00'39'37' West a distance of 637.56 feet; THENCE South 00'30'35" East along a line being Twenty (20) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 156.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 526.63 feet to the South line of the North Half (N1/2) of said Lot No. 3, said curve having a radius of 15610.00 feet, a central angle of 01'55'59" and a long chord bearing South 01'28'34" East a distance of 526.60 feet; THENCE South 88'49'39" West along the South line of the North Half (N1/2) of said Lot No. 3 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 26.406 sq. ft. or 0.606 acre, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. 1 C' !1 •' •. • v L • JJ ti.} AA L O Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professioncl Land Surveyor #38106 PERti'IANE�'i EASEMENT WELD COUNTY DEPARTMENT (�( OF PUBLIC WORKS ACQUISITION FE-21 \� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO, THAO, THAO & YANG KING SURVI; Y)Rs PROJECT NO: SRP-26 SCALE: NIA WCR 49 bin F.(Jana n 1)d+c I \VinJ..+r,Cot:ad.,F'i;A WF.I.f)COUNTY.COI.ORA11t) pt .O7,•lF(.)t) I ,moJ:inb.{Kinginngnrcr.+n' DATE: 4-10-15 DRAWN BY: CAL SHEET: 1 oft 4198735 Pages: 10 of 15 04/27/2016 11:00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County, CO MI441111 Ell I EXHIBIT-B i NW CORNER • I 56-T2N-R44W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP LINE TABLE STAMPED LS 13155 1999 WAR IN MON. Box }� . • — LINE BEARING LENGTH L4 - - _ .30'_XISRvG RIGHT-OF-WAY, Ll N88'44'37"E 40.00' J M (BOOK 86 PAGE 273) c..1 L2 N88'49'39"E 8.88' I CENTERLINE CF PIPELINE EASEMENT J TO ASSOCIATED NATURAL CAS, INC. —1 WIDTH GIVEN(REC. NO. 2409834) L3 NO0'30'35"W 156.02' L4 N88'58'24"E 20.02' o MEE LO& I IOUA THAO L5 SO0'30'35"E 156.02' ix- 1' IA THAO & THAI YANG L6 S88'49'39"W 20.00' c PARC.P 130506000010 `o RI CP.113519230 U' CURVE TABLE a co NW 1/4 CURVE LENGTH RADIUS ' DELTA CHORD CH BEARING ^,l.V IN 56-T211-R64W I)I,('I I:',MT JK. N C1 526.86' 15630.00' 1'55'53" 526.84' N01'28'31"W O M In NE J J C2 637.42' 15630.00' 2'20'12" 637.38' N00'39'31"E >- ra-11svJ N 40'EXISTING RIGHT-OF-WAY (BOOK Jaw PAGE 9) C3 637.60' 15610.00' 2'20'25" 637.56' SO0'39'37"W Ln 3'ELECTRIC EASEMENT C4 526.63' 15610.00' 1'55'59" 526.60' SO1'28'34"E r7 TO COLORADO CENTRAL O POWER COMPANY O (BOOK 1249 PAGE 241) 0 Z 20' PERMANENT EASEMENT _._26,406s.f.± OR 0.606ac.± st I c.) NoncE I v 60' INGRESS h EGRESS EASEMENT According to Colorado low you must commence FOR VEHICULAR, PEDESTRIAN, any legal action based upon any defect In this LIVESTOCK AND BICYCLE. TRAFr7C survey within three years after you first discover such defect. In no event may any action based (REC. NO. 1819560) upon any defect In this survey be commenced L2 I more than ten years from the dote of the certification shown hereon. (13-80-105 C.R.S. L6 2012) POINT OF BEGINNING I "-,:....". � NOTE: This exhibit drawing is not intended to I be a monumentolized land survey. It's sole C31 (';1 Ill.illVli purpose is as a grophic representation to oid in the visuolizotion of the written property I .,C,:,);I RA1tiDl'LVAAS description which it accompanies. The written I in property description supersedes the exhibit drawing. 1 MI W 1/4 CORNER i 56—T2N—R64W I FOUND ;;6 REEAR WITH p 2" ALUMINUM CAP O STAMPED LS 25937 2001 Z Ll IN MON. BOX POINT CF COMMENCEMENT-- PERMANENT EASEMENT 4A� WELD COUNTY DEPARTMENT ACQUISITION I.4 jrOF PUBLIC WORKS PE 21 \r► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24 &26 L.O. THAO, THAO & YANG Kim; SIIRv'I;v uitS PROJECT NO SRI'-26 SCALE: 1"=250' N'CR 49 lI c rl uu , I v :,,I. c I "In,05,o \1'I:C:I)L OUN II".C(11-11R:\00 ,4.., ',')70c,:1-50H ,i)...D ,h >. „ DATE: 4-10-15 'DRAWN BY CDI.J SHEET: 2 u12 4198735 Pages: 11 of 15 04/27/2016 11 :00 AM R Fee:$0.00 Carly Kopper. Clerk and Recorder. Weld County .CO,'■ nil Will'ALT 7 PWI11�fNti�i�#I1: 4�LI1Ij, BM EXHIBIT-C 21-THAO+YANG-TE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half (N1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described os follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebor with a 2" diameter aluminum cap stomped 1-525937, 2001'' at the South end and by a #6 rebor with a 3 34" diameter aluminum cap stomped 'LS13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other beorings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 00'30'35" West along said East Right—of—way line a distance of 1320.05 feet to the South line of the North Half (N1/2) of soid Lot No. 3; THENCE North 88'49'39" East along the South line of the North Half (N1/2) of said Lot No. 3 a distance of 8.88 feet to the beginning point of o curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the East a distance of 526.86 feet to a Point of Tangency (PT), said point lying on said East Right—of—way line, said curve having a radius of 15630.00 feet, a central angle of 01.55'53 and a long chord bearing North 01'28'31" West a distance of 526.84 feet; THENCE North 00'30'35" West along said East Right—of—way line a distance of 156.02 feet to o Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East o distance of 637.42 feet to the North line of the Northwest Quarter (NW1/4) of said Section 6, said curve having a radius of 15630.00 feet, a central angle of 02'20'12' and a long chord bearing North 00'39'31" East a distance of 637.38 feet; THENCE North 88'58'24" East along the North line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 20.02 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 637.60 feet to a Point of Tangency (PT). said point being Twenty (20) feet, as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15610.00 feet, a central angle of 02'20'25" and a long chord bearing South 00'39'37" West a distance of 637.55 feet; THENCE South 00'30'35" East along a line being Twenty (20) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 156.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 526.63 feet to the South line of the North Half (N1/2) of soid Lot No. 3, said curve having a radius of 15610.00 feet, a central angle of 01'55'59" and a long chord bearing South C1'28'34" East a distance of 526.60 feet; THENCE South 88'49'39' West along the South line of the North Half (N1/2) of said Lot No. 3 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 26,405 sq. ft. or 0.606 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. aOO tre. A 'L .D 10F s-c tk. L ••L>,2%•°•,,C..-..',� i t;a, Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT .�•. 1r r,;i► OF PUBLIC WORKS _ ACQUISITION , g. WCR 49 CORRIDOR PROJECT - -71 \ BETWEEN WCR(s)24&26 LO. THAO, "I'I IAO& YANG KING SURVEYORS PROJECT N0: SRP-26 SCALE: N!A \ CR 49 rsl,E.u,rdc„Dim. I O nd>uc,f oke do 51530 WELD COUNTY.COLORADO c1,,,,,,:,'r,,q,u." I r'"l:a,E' kml3unt;un.c,m, DATE: 4-10-15 DRAWN BY: CDL, SHEET: 1 oft 4198735 Pages: 12 of 15 04/27/2016 11:00 AM R Fee:$0 00 Carl, Kopr.os. Clerk e=1'-':: Recc-Her .Jelc! County IIII PilIIJUIN,r;'liiiiiiNitri4iliJi,i VI�6iiint oiYJ, iI II EXHIBIT-C i 1 NW CORNER ' I $6-T2N-RS4W FOUND #6 REBAR 3.25' ALUMINUM CAP LINE TABLE STAMPED LS 13155 1999 1 CR IN MON26 . BOX __ Y LINE BEARING LENGTH W L.0'E7JS11NG RAW-OF-WAYi L1 N88'44'37"E 40.00' U N) (Boor E5 PAGE 273) U L2 N88'49'39"E 8.88' CENTERLINE OF°/FELINE EASEMENT TO ASSOCIATED NATURAL GAS, INC ,v0 NWDTN plEN(REC. NO. 2409834) L3 N00'30'35"W 156.02' I L4 N88'58'24"E 20.02' MEE LO& I IOUA THAO L5 SO0'30'35"E 156.02' z YIA THAO & THAI YANG L6 Ss8'49'39"W 20.00' mQ , PARC.#1305060000 l 0 0• RECI'.4'3519230 CURVE TABLE a m• NW 1/4 CURVE LENGTH RADIUS DELTA CHORD CH BEARING Ai.VIN • $6-T21I-R6.4W - f:CHANT JR•N I Cl 526.86' 15630.00' 1'55'53" 525.84' No1'28'31"w o 51-T2^!1R65w g3,1- C2 637.42' 15630.00' 2'20'12" 637.38' N00'39'31"E 40'E>vSnNC RfCWT-OF-WAY (BOOK 1046 PAGE 9) C3 637.60' 15610.00' 2'20'25" 637.56' SO0'39'37"W 3 "' 3'ELECTRIC EASEMENT C4 526.63' 15610.00' 1'55'59" 526.60' SO1'28'34"E N O TO COLORADO CENTRAL rj POIWP COMPANY b• (BOOK 1249 PAGE 241) 0 IZ I 20' TEMPORARY EASEMENT I r-- 26,E-06s.f,t OR 0.606oc.± a I U [NOTICE I U I 6D' INGRESS&EGRESS EASEMENT According to Colorado law you y de commence FOR 4£HICULAR, PEDESTRIAN, any legal wi action based upon on defect in this LIVFSTOpC AND BICYCLE TRAFFIC survey within three years often you first discover (REC. NO. 1819560) such defect. In no event may any action based upon ony defect In this survey be commenced L2 I more than ten years from the data of the L6 _ certification shown hereon. (13-80-105 C.R.S. - - 2012) POINT OF BEGINNING 1 NOTE: This exhibit drawing is not intended to in be a monumentolized land survey. It's sole O C'ATI IERINE& purpose is as a graphic representation to aid in the visualization of the written property .CA RANI)YFVANS description which It accompanies. The written I N)I property description supersedes the exhibit drawing. II 44 I r)I W 1/4 CORNER I OI $6-T2N-R64W FOUND #6 REBAR WITH 2' ALUMINUM CAP o STAMPED LS 25937 2001 z�L1 IN MON. BOX r -POINT OF COM)aENCEMENT- TEMPORARYEASEMENTWELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION CE........2D WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO, THAO. TI-LAO & YANG KING; SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' WCR49 (.51E.ciuJ,,I>,ii I grind>,ir.C:Ilood-+f+.K4u 11'L Ll)C!)Uv1'Y.COLOR/V.)0 Ph''"'(97ii.(,a6 cull I 'I 416411';'";,'""'Y' '''''" DATE: 4-10-15 DRAWN BY: COI. SHEET: 2 of 2 198735 Pages: 13 of 15 4/27/2016 11:00 AM R Fee:$0.00 arty Koppes, Clerk and Recorder Weld County. CO1■ III��1�L� '�k�'Il'��U��NY�IlIiiiI:M�IdrW i iiin17i1 j1 III III EXHIBIT D RECORDING INFORMATION ABOVE R/W# 21 GRANT OF EASEMENT Houa Thao and Mee Lo, whose address is 11742 Chambers Drive, Commerce City, CO 80022, and Yia Than and Thai Yang, whose address is 11822 County Road 49, Hudson, CO 80642, GRANTOR(whether one or more), in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to-wit: Easement description as set forth in Exhibit"A" attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on, over, under,or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permitees. W/O # Map No.: Part of Section 6, Township 2N, Range 64W, 6th P.M., County of Weld. State of Colorado 4198735 Pages: 14 of 15 04/27/2016 11 :00 AM R Fee:$0.00 Carly Koppe,. Clerk and Recorder. Weld County, CO �II1 NM I:�ILti" 1L !s M'} hire' I,hMi*l'q,IWHO !I III Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. SIGNED AND SEALED BY GRANTOR this day of , 20_ GRANTOR: BY: Houa Thao BY: Mee Lo BY: Yia Thao BY: Thai Yang STATE OF COLORADO ACKNOWLEDGEMENT COUNTY OF I, , a Notary Public for said County and State, do hereby certify that Houa Thao, Mee Lo, Yia Thao, and Thai Yang personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal, this day of , 20 . Notary Public My Commission Expires: W/O # Map No.: Part of Section 6, Township 2N, Range 64W, 6111 P.M., County of Weld, State of Colorado 4198735 Pages: 15 of 15 04/27/2016 11 :00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO VIII MIr1lL:�Luf'i ip+MlltiIMIK diXITeti II III MEMORANDUM �"�"��'r..►�'� \ TO: Clerk to the Board DATE: 5/4/2016 V p_�yNTY FROM: Tiffane Johnson Public Works Department • SUBJECT: Consent Agenda Item RE: Doc #2016-1394 Warranty Deed with Houa Thao,Mee Lo,Yia Thao,and Thai Yang for the WCR 49 Improvement Project. M\Francie\AGENDA memos\Agenda-WarrantyDeed.doc C Ci: yor,�(1-J re-) �0 vLS /& /3,N EGZ7tS WARRANTY DEED THIS DEED made this Z'\`J day of M ,20 (6 ,between Houa Thao,Mee Lo, Yia Thao, and Thai Yang, whose address is 11742 Chambers Drive, Commerce City, CO 80022, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS,that the grantor,for the sum of One Dollar,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee,their heirs and assigns forever, all the real property together with improvements,if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as: 11822 Weld County Road 49, Hudson, CO 80642 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself,his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4203208 Pages: 1 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 I �,�G4��IIs'ia+hi�'I��, NI W RAM IOW BIM IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Thao, Owner ee o, Owner Yia ao, Owner Thai Yang, Owner State of Colorado ) )ss. County of LL,,6,,L The foregoing instrument was acknowledged before me this let day of ( ie_k , 201(0, by Houa Thao, Mee Lo, Yia Thao, and Thai Yang, Owners. Witness my band and official seal. iicy. Notary Publrc` 7/ My commission expires: U (CI/)1::1% JORDAN N SCOTT Notary Public State of Colorado Notary ID 20104005190 M. Commission Expires Feb 8, 2018 4203208 Pages: 2 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIWla4lr' Y��i�'��Pl�l I� , 11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this / day of , 2016. ATTEST: COUNTY COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD BY: 4�� 1 L,��..•+..` BY: eputy 1- to the Board 1 tLa� Mike Freeman, Chair MAY 0 9 Z016 , BOARD OF COUNTY (it 1/42 COMMISSIONER IVA %;��= "� OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 9 day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD. Witness my hand and official seal. Notary blic G My commission expires: jig Os_oi0 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4203208 Pages: 3 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III Ir (1/4414:140:l0 Iiiri,CAM«IV.1C AI III 0/(0--/39,./ EXHIBIT-A 21-THAO+YANG-ROW PROPERTY DESCRIPTION South Parcel A parcel of land being part of the North Half (N1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebar with a 2" diameter aluminum cop stamped `t.S25937, 2001" at the South end and by a #6 rebar with a 3 14" diameter aluminum cap stamped 1-S13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 00'30'35" West along said East Right—of—way line a distance of 1320.05 feet to the South line of the North Half (N1/2) of said Lot No. 3, said point being the POINT OF BEGINNING; THENCE continuing North 00'30'35" West along said East Right—of—way line a distance of 526.86 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 526.86 feet to the South line of the North Half (N1/2) of said Lot No. 3, said curve having a radius of 15630.00 feet, a central angle of 01'55'53" and a long chord bearing South 01'28'31" East a distance of 526.84 feet; THENCE South 88'49'39- West along the South line of the North Half (N1/2) of said Lot No. 3 a distance of 8.88 feet to the POINT OF BEGINNING. Said parcel of land contains 1,559 sq. ft. or 0.036 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. CONTINUED ON PAGE 2 4203208 Pages: 4 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III I N tri,I �Y r' VI I rq,i4, 11111 .A.. WELD COUNTY DEPARTMENT RIGHT OF WAY ACQUISITION Pi# OF PUBLIC WORKS a W-2l \� ►� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO, THAO, THAO&YANG WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY.COLORADO phone:(970)686-5011 omail:Info®KingSur'syors.c'm DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 3 EXHIBIT-A North Parcel A parcel of land being part of the North Half (N1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped "t.S25937, 2001" at the South end and by a #6 rebar with a 3 1A" diameter aluminum cap stamped `t-S13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 00'30'35" West along said East Right—of—way line a distance of 2002.93 feet to the POINT OF BEGINNING; THENCE continuing North 00'30'35" West along said East Right—of—way line a distance of 637.13 feet to the North line of the Northwest Quarter (NW1/4) of said Section 6; THENCE North 88'58'24' East along the North line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 13.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 637.42 feet to the POINT OF BEGINNING, said curve having a radius of 15630.00 feet, a central angle of 02'20'12' and a long chord bearing South 00'39'31" West a distance of 637.38 feet; Said parcel of land contains 2,759 sq. ft. or 0.063 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the North Half (N1/2) of said Lot No. 3. Said existing Right—of—way contains 52,802 sq. ft. or 1.212 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. LI f'I '�• *' i�',�11i ��1, 3810° y ° 9�.-.,y3'M J s /Old P\AC)t Michael Chod ►� ` Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 4a e, OF PUBLIC WORKS aW-2i \� ► WCR 49 CORRIDOR PROJECT kik BETWEEN WCR(s)24&26 LO, THAO, THAO & YANG WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 C.Gorden Dn e I \C'indsor.Colorado 80550 WELD COUNTY.COLORADOOphooa(970)686Snu emait:ioton -ingson.yorzeom DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 of 3 4203208 Pages: 5 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell�� s� �«��w, �rwr� kw MK'AL), Ili II i EXHIBIT-A i I NW CORNER I S6-T2N-R64W 3.25 DALUMINUM#6 REBARC PTM LINE TABLE STAMPED LS 13155 1999 l WCR 26 �,� IN Mow. Box __ - __ _ _— LINE BEARING LENGTH ON L4 30'EXISTING RIGHT-OF-WAY I L1 N88'44'37"E 40.00' N (8OQY 86 PAGE 273) v CENTERLINE OF PIPELINE EASEMENT L2 S88'49'39"W 8.88' 10 ASSOCIATED NATURAL GAS INC. NO 1410111 GIVEN(REG Na 2409834) tD L3 4100'30'35"W 156.02' : ADDITIONAL RIGHT—OF—WAY L4 4188'58'24"E 13.00' 2,759s.f.t OR 0.063ac.t in o MEE LO& HOUA THAO a o YIA THAO & THAI YANG m Z PARC.#130506000010 0 RECP.#35 19230 N CURVE TABLE a m NW 1/4 CURVE LENGTH RADIUS DELTA CHORD CH BEARING ALVIN 56-T2N-R64W DECHAN1'JR.N POINT OF BEGINNING C1 526.86' 15630.00' 1'55'53" 526.84' S01'28'31"E O M NORTH PARCEL Si-NE 1R65W N J C2 637.42' 15630.00' 2'20'12" 637.38' S00'39'31"W 40'ETOSDNG RIGHT-OF-WAY (BOCK 1046 PAGE 9) '° .r ELECTRIC EASFuavr nn TO=CRAW CENTRAL POSER COMPANY O lo (BOP(1249 PAGE 241) O co IZ t)• N in i 3 NOTICE M ADDITIONAL RIGHT—OF—WAY According to Colorado law you must commence any legal action based upon any defect in this b 1,559s.f.± OR 0.036oc.± survey within three years after you t discover ;'1' such defect. In no event may any action based O I upon any defect In this survey be commenced O( L2 more than ten years rfron. the date 1of0 the certZ 2012)ieotion shown hereon. (13-80-105 C.R.S. 2012) POINT OF BEGINNING L 60' WG'IESS&EGRESS EASaIENTFOR VEHICULAR, SOUTH PARCEL PED£STTXAN,UVES70C1C AND BICYCLE TRAFFIC (REG NO 1819560) NOTE This exhibft drawing is not intended to be a monumentalized land survey. its sole p purpose is as a graphic representation to aid in the visualization of the written property •c description which it accompanies. The written I M I property description supersedes the exhibit drawing. I MI W 1/4 CORNER I OI $6—T2N—R64W FOUND /6 REBAR WITH O 2 ALUMINUM CAP STAMPED LS 25937 2001 L1 IN MON. BOX -POINT OF COMMENCEMENT-- RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION '4 ii3OF PUBLIC WORKS IZZD �� 1, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO, THAO, THAO& YANG WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' 650 E-Garden Drive I Windsor,Colorado 80550 WELD COUNTY.COLORADO prone,(970)686-5011 j email:info@ FingSuweyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 3 of 3 4203208 Pages: 6 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO B11 higiQHCI ig '*OA iliUM:IllailiV Eil iiiiii i 11111 Hello