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HomeMy WebLinkAbout20160482.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - HOUA THAO, MEE LO THAO, YIA THAO, AND 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 Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 between 1-76 and County Road 38 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 Thao, Yia Thao, and Thia Yang, 11742 Chambers Drive, Commerce City, Colorado 80522, 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 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 Thao, 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 said all necessary documents. 2016-0482 EG0073 RE: AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 - HOUA THAO, MEE LO THAO, 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 1st day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d,tow rY o `^I)`'t-�nto,..-� �C.1LD%‘,k Mike Freeman, Chair Weld County Clerk to the Board Sean P. Conway, Pro- em - uty Clerk to the o+, ra 14,0� rbara Kir meyer / APP DA ,.� ! � 1861 e A. ozad �x C•. Attorney Ii / ,. , r�+►'r Steve Moreno Date of signature: 47 2016-0482 EG0073 MEMORANDUM , r, ..._. ,. TO: Clerk to the Board DATE: 1/26/2016 1�J =C-uNYY FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to WCR 49 between I-76 and WCR 38 with Houa Thao, Mee Lo Thao, Yia Thao, and Thai Yang. RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-3.doc 2016-0482 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN I-76AND WCR 38,WELD COUNTY, COLORADO THIS AGREEMENT is made this J O day of ,2015,by and between Hotta Thao,Mee Lo Thao,Yia Thao and Thai Yang,whose address is 11742 Chambers Drive, Commerce City, CO 80022 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 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"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, THEREFORE,theparties here in agree as follows: NOW, � 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 said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit 4178693 Pages: 1 of 15 ( 290/6*--* 6 e/O 2_ 02/04/2016 01:26 PM R Feeee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO dill kir rural�'i>,'�rf ��'f L lal���Y�� Kr1�l'I hJ�l Li aI II "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, ($758.00). 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 January 8, 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 forms 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. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 4178693 Pages: 2 of 15 02/04/2016 01:26 PM R Fee:$0.00 Paget as Carly Koppes, Clerk and Recorder, Weld County; CO 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 January 8, 2016. If the agreement is not signed and returned on or before January 8, 2016, the County shall maintain its current offer of Fair Market Value of One thousan d 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 agrees to restore the property described in Exhibit"B"to a level covenants and p p y 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 responsible for maintenance of said fence. ij 4178693 Pages: 3 of 15 Page 3 of 5 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III!!!��������� � f hlh�'NY�.�F'�'�k���r��iM�i� s�l���; "III 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 §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4178693 Pages: 4 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly�IKoppes,pClerk and Recorder; Weld County LCO W,,` 111 RY'.����Z�YiRA itii TAPIPit ��������M �1t��r i" i1 "Ill Page 4 of5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Houa Thao,Mee Lo Thao, Yia Thao and Thai Yang Thao (Mee Lo Thao Yia Thao Thai Yang ATTEST: ;� BOARD OF COUNTY COMMISSIONERS . o Weld C► . � er to a Board WELD COUNTY, COLORADO BY: �'.../ • _�/L.� e)firCtS6]Lua,-____, �.+. Deputy C(rk to the B� � ��s La Mike Freeman, Chair FEB 0 1 2016 t `�'}'�:� APPROVED AS TO � � ;'�: ?tJ ���'PROVED AST STANCE:• . .�: frator Controller ': �� a �� � 'al or Department Heap APPRO D AS TO FORM: — N/A — sr) Director of General Services County Attorne:'' Page 5 of 5 02/04/ 3 Pages: 5 of 15 C /4' - VieZ 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County,' CO' 11111,1 WIN ���ri'1.h 11'h'7/k'I''�441ILK 'r. iY' IIII 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 cap stamped "LS25937, 2001" at the South end and by a #6 rebar with a 3 k" diameter aluminum cap stamped "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 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 WELD COUNTY DEPARTMENT RIGHT OF WAYNI rig' OF PUBLIC WORKS ACQUISITION `111 WCR 49 CORRIDOR PROJECT Cw � 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 ur>:T.n rat MTV_COLORADO nho,,,(9701 686-5011 I emaitin[osgiingSuncToraeom DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 3 4178693 Pages: 6 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 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 `tS25937, 2001" at the South end and by a #6 rebar with a 3 j4" diameter aluminum cap stamped "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 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, mere 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. AQ� U • ,tt1 a `' 38106 cr. >- yi+0 .1},_�(VJ e trs eeeN.eee ese G, � !►tt°NAI t_P•N�r Michael Chad ► '" Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT OF WAY t r OF PUBLIC WORKS ACQUISITION 'r ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO,THAO, THAO&YANG WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A 450 E.Garden Drive I Windsor.Colorado 80550 *mnl:[nEo ngsn'eyroaccom DATE:. 4-10-15 DRAWN BY: CDL SHEET: 2 of 3 4178693 Pages: 7 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO 5111 Mr 0:ti1l`V lia lrAleMlkll"i.71VANA iti KA iil,li 1l III • EXHIBIT-A I NW CORNER I. • $6-T2N-R64W 3.25 ALUMINUMR PC � LINE TABLE STAMPED LS 13155 1999 WO? 26 IN IN MOM. BOX ■r' - _ LINE BEARING LENGTH L4 30•pa, -RICHT--0E—WAY 1 L1 N88'44'37"E 40.00' N (BOOK 66 PAGE 273) `° U CENTERLINE OF PIPELINE EASEMENT L2 S88'49'39"W 8.88' TO ASSOCIATED NATURAL GASr INC NO WIDTH p4EIV(REQ Na 2409834) L3 NO030'35"W 156.02' ADDITIONAL RIGHT—OF—WAY L4 N88'58'24"E 13.00' 2,759s.f.± OR 0.063ac.t In Z M MEE LO& HOUA THAO Ei o VIA THAO& THAI YANG m Z PARC.#130506000010 o RECP.#3519230 Ln CURVE TABLE m NW 1/4 CURVE LENGTH RADIUS DELTA CHORD CH BEARING ALVIN $6-T2N-R64W DECHANT JR.N POINT OF BEGINNING C1 526.86' 15630.00' 1'55'53" 526.84' SO1'28'31"E d felJ NORTH PARCEL NE i/4 S1-12N-R65W N C2 637.42' 15630.00' 2'20'12" 637.38' S0039'31"W 40'EXISTING RIGHT—OF—WAY (BOOK 1046 PAGE 9) In 3'ELECTRIC EASEMENTr7 70 COLORADO CENTRAL b POIIfR COMPANY O co (BOOK 1249 PAGE 241) 0 op IZ • co N in _ NOTICE in U According to Colorado law you must commence 1.1 ADDITIONAL RIGHT—OF—WAY ony legal action based upon any defect In this 0 1,559s.f.± OR 0.036ac.± survey within three years after you first discover o I such defect In no event may any action based 0 ate f the Z( L2 + - _ .. -. _. tion shown hereon. (13—80-105 C.R.S. tl upon any defect in this survey more than ten years from the certification (1 • • — . . _. . . . . — . - — '2012) POINT OF __ _ -- . —- ...._ ...._ .__ ... ., .... . BEGINNING i 60' INGRESS&EGRESS EASEMEN7FOR VEHICULAR, SOUTH PARCEL PEDESTR/AN,UIESTDCK AND BICYCLE TRAFFIC lii (REQ Na 1819560) NOTE: This exhibit drawing is not Intended to be a monumentalized land survey. It's sale O purpose is as a graphic representation to aid in the visualization of the written property •N I description which it accompanies. The written MI property description supersedes the exhibit I*' drawing. 3 -10 r�il, W 1/4 CORNER in I; $6—T2N—R64W M FOUND #6 REBAR WITH O rALUMINUM CAP O STAMPED LS 25937 2001 L1 IN MON. BOX -P OINT OF COMMENCEMENT-- RIGHT OF WAY .A., WELD COUNTY DEPARTMENT 4* 15,40OF PUBLIC WORKS ACQUISITION OD \,,•,,,,,,.,,k.. `� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO, THAO, THAO&YANG WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"='250' --lye I Windsor,Colorado 80550 I cmmtinfoQlungsurvelars.wm DATE: 4-10-15 DRAWN BY: CDL SHEET: 3 of3 4178693 Pages: 8 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIII WilliAllfiliCwliGtili« niiIIII ILA, 11' Iiiii UI III EXHIBIT-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 rebar with a 2" diameter aluminum cap stamped 'LS25937, 2001" at the South end and by a #6 rebar with a 3 34" diameter aluminum cap stamped "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 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; 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 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 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 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, 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 0039'37" 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 (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. LI ''• �r_ •° 'Si.• It •� yi. . ; % J Z i-a :" 38106 y cr. i i � •23•791.1,e I\`1.‘‘o'vA LP' Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT PERMANENT EASEMENT .A.. AC UISTTION `� 0 OF PUBLIC WORDS Q PE 21 � •�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO, THAO, THAO&YANG KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WCR 49 —_ 650 E.Garden Drip I Windsor,Colorado 60550 `mait•nrroQ13n6Surscjors.om DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 oft 4178693 Pages: 9 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III���.r11"�'��+u�'I�������� lF�l� �I i 4��1�1 ■III EXHIBIT-B I NW CORNER 1 1 $6-T2N-R64W IFOUND 0 REBAR WITH + 3.25"ALUMINUM CAP LINE TABLE .STAMPED LS 13155 1999 IN MON. BOX _= LINE BEARING LENGTH 1.N K 4a'DEW RIGHT-OF-WAY, L1 N88'44'37"E 40.00' D 3 (BOOIC 86 PAGE 273) t. 0 L2 N88'49'39"E 8.88' . CEVIERLWE OF PIPELINE EASEMENT I TO ASSOCIATED NATURAL GAS;ING I NO WIDTH GIVEN(REC.Na 2409834) L3 N00'30'35"W 156.02' I L4 N88 58'24"E 20.02' it o' 1VIEE LO&HOUA THAO L5 SOO'30'35"E 156.02' IYIA THAO &THAI YANG L6 888'49'39"W 20.00' La co. PARC.#130506000010 o• RECP.#3519230 cnI CURVE TABLE 5 m. NW 1/4 CURVE LENGTH RADIUS DELTA CHORD CH BEARING ALVIN $6-T2N-R64W DECHANTJR.N I Cl 526.86' 15630.00' 1'55'53" 526.84' N01-28'31"W di re) in NE1/4 --I C2 637.42' 15630.00' 220'12" 637.38' N00-39'31"E Si-T2N-R65W N 40'DOSTING RIGHT-OF-WAY (BOOK 1046 PAGE 9) C3 637.60' 15610.00' 2'20'25" 637.56' S00'39'37"W 0 3'ELECTRIC EASEMENT C4 526.63' 15610.00' 155'59" 526.60' S01'28'34"E TO COLORADO CENTRAL r POSER COMPANY O• (BOOK 1249 PAGE 241) O I 20' PERMANENT EASEMENT 26,406s.f.± OR 0.606ac.± i 0 NOTICE 1 OI I According to Colorado low you must commence 60' INGRESSI EGRESS EASEMENT any legal action based upon any defect In this FOR VEflI , PEDESTRIAN, survey within three years after you first discover LIVESTOCK AND BICYCYE 7RAFF7C such defect. In no event may any action based (REG NO. 1819560) upon any defect in this survey be commenced �L2 more than ten years from the date of the I I certification shown hereon. (13-80-105 C.R.S. I L6 • • _ . 2012) POINT OF BEGINNING 1 NOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's sole OCATHERINE& purpose is as a graphic representation to aid I .NI RANDY EVANS in the visualization of the written property description which it accompanies. The written I re)I property description supersedes the exhibit II drawing. I reil, W 1/4 CORNER I 01 S6-T2N-R64W II M FOUND #6 REBAR WITH 2' ALUMINUM CAP Z -Ll STAMPED LS 25937 2001 IN MON. BOX -POINT OF COMMENCEMENT-- WELD COUNTY DEPARTMENT PERMANENT EASEMENT 'A`- fal e, OF PUBLIC WORKS ACQUISITION PE-21 t' .. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO,THAO,THAO&YANG KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 650 E.Garden Drive I Windsor,Colorado 60550 maThinfo®Kii"gSune1ors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 oft 4178693 Pages: 10 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11111!Ir.IIIIPAr:%LiNElY Al ill W 1 ■■�Itlll l kJ, 11111 r.._...__.._. .____.._..__.___..._.____._....__...____._.___-5555•_-55_55- --- _ --- -- 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 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 1-S25937, 2001" at the South end and by a #6 rebar with a 3 X" diameter aluminum cap stamped '-513155, 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; 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 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 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 0128'31" 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, 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 637.56 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 (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. t,pp0 L1O 11% • Q 1 • l 1 Fri- 38106 v f o. ,. it kPs/.°.°em.N*°• Cjv Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 •A•, WELD COUNTY DEPARTMENT TEMPORARY EASEMENT 4a e.ok OF PUBLIC WORKS ACQUISITION Z1 till .1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 LO,THAO, THAO&YANG KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 Windsor,Colorado 805550 c inf4WmaSnncgoe''com DATE: 4-10-15 DRAWN BY: CDL SHEET: I of 2 4178693 Pages: 11 of 15 02/04/2016 2 1 ,O Clerk alnd Recorder, Weld 0 d County, CO ■III���1�'Z�,F��;�h���l���i�h' �1Fill II III r EXHIBIT-C NW CORNER iI ' I ' $6-T2N-R64W FOUND #6 REBAR WITH I . 3.25' ALUMINUM CAP LINE TABLE ,STAMPED LS 13155 1999 IN MON. BOX �.. _... .. - = — _ '— __ LINE BEARING LENGTH L _30'E ST/NG RIGHT—OF—MYi L1 N88'44'37"E 40.00' N r7 (BOCK 66 PAGE 273) 6 . c I CENTERLIVE OFPIPELINE EASEMOIT L2 N88'49'39"E 8.88' TO ASSOCIATED NATURAL GAS, INC: NO WIDTH GIVEN(REC.Na 2409834) L3 N00'30'35"W 156.02' I L4 N88'58'24"E 20.02' 0' MEE LO&HOUA THAO L5 SO0'30'35"E 156.02' Q I YIA THAO & THAI YANG L6 S88.49'39"W 20.00' DJ m. PARC.�#130506000010 o' RECP.#3519230 Do CURVE TABLE m• NW 1/4 CURVE LENGTH RADIUS DELTA CHORD CH BEARING ALVIN • $6-T2N-R64W DECHANT JR.1( C1 526.86' 15630.00' 1'55'53" 526.84': N 01'28'31"W ci NE 1/4 - ' C2 637.42' 15630.00' 220'12" 637.38' N00.39.31"E S1.-T2N-R65W N' 40'DOSING RIGHT-CF WAY (BOOK 1046 PAGE 9) C3 637.60' 15610.00' 2'20'25" 637.56' SOO'39'37"W In I 3'ELECTRIC EASEMENT C4 526.63' 15610.00' 1'55'59" 526.60' S01'28'34"E ro b To COLORADO CENTRAL M) POKER COMPANY C • (BOOK 1249 PAGE 241) 0 IZ 20' TEMPORARY EASEMENT 26,406s.f.t OR 0.606ac.t 0 NOTICE U I 60' INGRESS&EGRESS EASE According to Colorado law you must commence AIEVT any legal action based upon any defect In this FOR VEHICULAR, PEDESTRIAN, survey within three years after you first discover LIVESTOCK AND BICYCLE TRAFFIC such defect. In no event may any action based (REC. NO. 1819560) upon any defect In this survey be commenced L2 more than ten years from the date of the - . L6 certification shown hereon. (13-80-105 C.R.S. . - -- . . — • . — • 2012) POINT OF BEGINNING NOTE: This exhibit drawing is not Intended to be a monumentalized land survey. It's sole CD CATHERINE& purpose Is as a graphic representation to aid I di RANDY EVANS in the visualization of the written property _ description which it accompanies. fie written Ir)I property description supersedes the exhibit drawing. In I Mi W 1/4 CORNER -- I S6-T2N-R64W r, FOUND #6 REBAR WITH t ALUMINUM CAP o WELD COUNTY DEPARTMENT STAMPED LS 25937 2001 Z Ll IN MON. BOX —P OINT OF COMMENCEMENT-- TEMPORARY EASEMENT 4A•, r�� r# OF PUBLIC WORKS Id ACQUISITION TE-21 ilk \II k,. WCR 49 CORRIDOR PROJECT \` BETWEEN WCR(s)24&26 LO,THAO,THAO&YANG __- KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=250 WCR 49 _ 650 E.Gsrdcn Drive I Windsor,Colorado 80550 il:nfo@-usSunVciors.cam DATE: 4-10-15 DRAWN BY: CDL SHEET: 2of2 4178693 Pages: 12 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��■III kIrju Flo JHTIK«' rlakilaMIVAD.Iii iiyi, Ill II EXHIBIT D RECORDING INFORMATION ABOVE R/W# 21 GRANT OF EASEMENT Houa Thao, Mee Lo, Yia Thao, and Thai Yang, GRANTOR (whether one or more), whose address is 11742 Chambers Drive, Commerce City, CO 80022, 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. 4178693 Pages: 13 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO ■II!k��1�1n KIWI/11a D4ilr1 *.li fit K?QL'r,�iYi'r� Bill 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, 6th P.M., County of Weld, State of Colorado 4178693 Pages: 14 of 15 02/04/2016 01:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III PAW WIWa &Li 'hill Ld.u1:1 0:C, Ill III 4' e PHOTO EXHIBIT . . . , „,, • .. I • . • I NW CORNER 1 / - S6- T2N - R64W i vivo, oa rtaw•a.aa. awr wr 41•0 .pna.rrw.caser«r am S :e,. 4 Si Y@PaMO!x11JY�bstficb!'aa •••• r?' � x ..•..•�.+�•- • a:of ...,*.. .... .,....,,. '•.•.t' ......�»-.....:..,..—'.'."' 17 f�/�V ► .r I M CaylnclCmIWni6s wat art* alourrairanar-twersivriressiir Spa s S " 'SIM S taws 9.u.rNa—.—R'r t. 4•0* IS et' rx r A es '�..M'W.YWLi1M°+I+MM a aV _ / 4. - V ri ii 30' EXISTING RIGHT— OF—WAY ^ ,et. ps i (BOOK 86 PAGE 273) 4I 1 r i � ` ADDITIONAL RIGHT— OF—WAY 2, 759 s. f. f OR 0. 063ac. f • "I •.4 N `! _ i " `A0. 20' TEMPORARY EASEMENT NE 1/4 ;*, -f' • 26, 406s.f.± OR 0. 606ac. ± ,- r� a — _ — S 1 -T2N - R6SW �P'`r •r� /1 ft • rfr ►`l . 1 , + _ 20 PERMANENT EASEMENT.... . le. 1O4 26, a 406s.f. ± OR 0. 606ac.± of. V 4 r ,„ 1 :,, ...,, , , • , .. •„. 1 i I t • . rr .4. . ;...s . ,% 1 . r, . 4 -, I tree- .. IVIEE LO & HO,, THAO 4 .i w�I +.. . ..W V Wn�^nv ,.. igt 4. . YIA THAO & THAI YANG r I . - .j r Iii, - .. . a ALVIN DECHANT JR_ - 1p r 4- NW 1/4 . S6-T2N - R64Wy, i : M• n1� , Ry v '►' 1 '_ f T_.. _. .\ x n•� ^^ '; >yn 71° k @�,Jy'�r� .' ill ' 40 EXISTING RIGHT—OF-WAY '1 (BOOK 1046 PAGE 9) by $ 4 x i i . .. . ..^,� ADDIT1 ON AL RIGHT— OF— WAY ° 1 ,559s. f. ± OR 0. 036ac. ± . .anifteiataill • ATHERINE AND - • ,� RANDY EVANSAi i Wr.V 'kk�/ °- P t iA lT* ''MM 1 ! C. \ W 1 /4 CORNER : m . . y 14 T q 11}Ifess S6- T2N - R64W r , 'JA ♦ .. WELD COUNTY DEPARTMENT iirA' OF PUBLIC WORKS PHOTO EXHIBIT < <4 �r WCR 49 CORRIDOR PROJECT C27). kikII . . c BETWEEN WCR(s) 24 & 26 LO, THAO, THA.O & YANG KING SURVEYORS PROJECT NO : SRP-26 SCALE : 1 "-250' WCR 49 650 E. Garden Drive I Windsor, Colorado 80550 WELD COUNTY, COLORADO phone: (970) 686-5011 I email: info@ ingSuntyors.com DATE : 4- 10- 15 DRAWN BY . CDL SHEET : 1 of 1 —Ala se 4178693 Pages 15 of 15 02 / 04 / 2016 01 : 26 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder . Weld County , CO III INII �L 1 1� .1 � i� 11 r� llit ofilliyil II Di � Hello