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
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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.
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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
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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.
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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:''
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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
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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
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!►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
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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
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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
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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%
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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 ••••
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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�
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20 PERMANENT EASEMENT.... .
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a 406s.f. ± OR 0. 606ac.±
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IVIEE LO & HO,, THAO 4 .i w�I +.. . ..W V Wn�^nv
,.. igt 4. . YIA THAO & THAI YANG
r I . - .j
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. 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
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. .. . ..^,� ADDIT1 ON AL RIGHT— OF— WAY
° 1 ,559s. f. ± OR 0. 036ac. ±
. .anifteiataill
• ATHERINE AND -
• ,� RANDY EVANSAi
i
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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
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