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Home My WebLink About20161841.tiffRESOLUTION RE: APPROVE 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 - GEORGE AND ELOISE MAXEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an 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 George and Eloise Maxey, 26331 County Road 49, Greeley, Colorado 80631, 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 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 George and Eloise Maxey be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign any necessary documents. CC Ca- CBC), KJ,n.+ n 444 , �eor(fl xe- %/1S/ 9O1CO 2016-1841 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - GEORGE AND ELOISE MAXEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:diptha) .:e&o%ok. EXCUSED Mike Freeman, Chair / Sean P. Co way, Pro-Te Weld County Clerk to the Board BY AP eputy Clerk to the Boar County Attorney awspospile Date of signature: Z ill I ao t6 Julie A. ozadzad CUSED rbarKirkmeyer Steve Moreno 2016-1841 EG0073 AGREEMENT FOR THE PURCIIASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN GEORGE A. MAXEY AND ELOISE J. MAXEY AND WELD COUNTY, COLORADO Tµ [HIS \GRI \lf N I is made this /- day of _2016, by and between GEORGE A. MAXEY AND ELOISE J. MAXEY. whose dress is 26331 County Road 49. Greeley. CO 80631. 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." WI I NESSE [H: WHEREAS. Owner owns a parcel of real property described in the attached Exhihit "A" (hereinafter referred to as "Public Road Right -of -Way" or "ROW"), and WFIERFAS, Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the ("Permanent Easement' or "PE"). and WHEREAS. Owner ow ns a parcel of real property described in the attached Exhihit "C" (hereinafter referred to as ("Temporary Construction Easement" or'TCE"), and WI [EREAS. County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "W('R 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 1Or the henefit of County in order to complete a portion of said Project. and WHEREAS. County requires a Permanent Easement, in order to accommodate the relocation of existing permanent facilities, and W I II:REAS, County requires a I emporary Construction Easement( s) in order to construct the Project_ and NOW. Il II.REEORE. the parties herein agree as follows: OW NEWS RI(iH I S \NI) RI SPONSIBILI l IES: EXHIBI I S. the following exhibits are attached hereto and incorporated as if hilly set forth herein: a. Exhibit A, Description of Public Road Right of Wray ( ROW): h Exhibit B. Description of Permanent Easement (Pit : 4212705 Pages: 1 of 32 06/20/2016 01:16 P11 Carly Koppel R ore: IIIRl�,rtRil Clerk and III 2016-1841 n ie: 2 ,•tb c. Exhibit C. Description of Temporary Construction Easement (ICE); d. Exhibit D. Form of Permanent Easement ( PE); e. Exhibit E. Description of and Costs Related to Fencing; I. Exhibit F, Description of and Costs Related to Trees. AGREEMENT TO PURC'I IASE AND SELL: PURL IIASE PRICE. Owner agrees to sell at closing and County agrees to purchase the Public Road Right -of -Way' shown and/or described on Exhibit A. Owner further agrees to convey at closing a Permanent Easement described on Exhibit B. Owner further agrees at closing to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit C. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. WAR RAN FY DEED. Owner agrees to grant the Public Road Right -or -Way to the County by Special Warranty Deed, free and clear of all liens and encumbrances. except existing easements and all other matters of record. 6. FORM OF PERMANENT LASEviE:N I . Owner agrees at closing to convey the Permanent Easement in a berm substantially similar to that attached hereto as Exhibit D. 7 TEMPORARY CONSI'RI'CTiON EASEMENT. Owner agrees to grant a Temporary Construction Easement ("F('E) to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements and all other matters of record. The ICE shall commence on the day of closing and shall expire and be of no further force or effect on March 1, 2018, or upon the completion of the Project, whichever is earlier. Owner shall not, during the term of the WE, erect or construct, or allow to he 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 IC'l includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said casement. County. as a condition of granting of the 'ICE. agrees to restore the property described in Exhibit C to a level comparable to its original condition. 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 sufficient to contain livestock. 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 sufficient to contain livestock. Owner shall he responsible for maintenance of said fence. K. MINERALS: WATER RIGI ITS. Owner shall retain the mineral estate under the ROW. PE. and ICE. and shall also retain any water rights currently attached to or associated with the ROW, PE. and TCE. 4212705 Pages: 2 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County. CO ■ill EirrtnrII,I��Mi��+�i>•��YL�, IIlll RILL. 3,4'6 9. CLOSING. Owner shall deliver the fully executed Special Warranty Deed for the Public Road Right -of -Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. FAXES AND ENC[:ME3R.. \C ES. Owner shall pay any encumbrance associated with the ROW. PE, or TCE. 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 (.)wner delivers the Special Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the ROW, PE, and ICE. ACCESSES. Owner shall maintain the use of live existing access points adjacent to County Road 49 during the duration of Owner's ownership. Once ownership changes (except for an ownership change within the Maxey family such as a family trust or inheritance) or a change of use from use by right farming or ranching on the property occurs, all accesses may he closed except for two locations to he determined by the Board of County Commissioners through the land use procedures in effect at that time. 12. TEMPORARY LICENSE FOR FENCE. AND TREE IN RIGHT Oh WAY. Weld County shall allow Owner to maintain the following personal property within the ROW: a four foot tall white vinyl scalloped picket Icnce, and a Colorado Spruce tree (tree #7 in Exhibit F). Owner agrees to appropriately maintain and/or remove any trees, branches, and other vegetation debris. which have the potential to create hazardous driving conditions to the general public utilizing Weld County Road 49. Owner agrees that all personal property shall he removed from the ROW if any of the following occurs: ownership of the property changes (except for an ownership change within the Maxey family such as a family trust or inheritance), or a change of use from use by right tanning or ranching on the property occurs, the personal property is moved from its current location or position. or the personal property is damaged more than 50%. Such removal shall he made within ninety (90) days of such change, at the Owner's expense. 13. REMOVAL. OF IMPROVEMENTS FROM RI(;F(I' OF WAY. Except as specifically permitted in Section 12 of this Agreement. Owner shall remove all personal property and improvements from the right of way by December 31, 2016. unless otherwise agreed in writing by Owner or County may remove said property and improvements. County- is responsible for the removal of tree 41 and tree #4 in Exhibit F. COUNTY'S Y'S RICA iTS.AND_RI SPONSIBILl rE[S: l . TITLE INS1TRANCE. County shall at closing pay for the cost of obtaining title 4212705 Pages: 3 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO lIII M1M EI!' lflklrffinitiniftilIJ IVIrWRY), Ii II 9. insurance if County desires to obtain title insurance for the ROW. PE., and ICE. RECORDING FEES. County shall at closing pay all fees associated with recording this Agreement, the Special Warranty Deed. and -or the Permanent Easement form. 3. COMPENSATION FOR RICH l OF WAY, PERMANENT EASEMENT, AND TEMPORARY CONSTRICTION EASEMENT. County shall pay Thirty Five Thousand Dollars ($35,000.00) to the Owner for the ROW. PE, and .I.CE by County warrant(s) at the date of closing. 4. COMPENS:1 [ION FOR FENCING. County shall pay Owner Six Thousand Four Hundred Seventy Three Dollars (S6,473.00) liar fencing outlined Exhibit E including 4 Strand Barbed Wire Fence and 4' tall Wire Panel Fence On Metal r Posts. 3 Rail White Viny [ Ranch Fence and Green Metal Tube Panel on 1 Posts. Payment shall not include T' Tall White Vinyl Scalloped Picket fence, which is described in Section 12. above. �. COMPENSATION MK BACKSTOP. County shall pay Owner One Thousand Dollars (S1,000.00) for the Owner to remove and salvage existing backstop. 6. COMI'F.NSA HON FOR IRELS. County shall pay Owner Nine I housand Five Hundred Dollars ($9.500.00) for trees P-1. 2. 4. 8. 10. I I. 12, and 13 outlined in the tree valuation described in Exhibit F. Compensation does not include reimbursement tier the Colorado Spruce (tree g7) which is described in section 12. above. 7. C'OMPENSA HON FOR Al)y.1I\fS IR.\ l IVE COS IS. County shall pa) Owner Two Ilundred Eighty Six Dollars ($286.(10) for the oversight of remo arsalyage and installation of reimbursed damages outlined in numbers 4. 5. and 6, above (County's Rights and Responsibilities). 8. COMPENSATION FOR [ fORSI'SI lOE PIT. County shall pay Owner Five ) lundred Dollars ($500,00) for horseshoe pit. COMPENSATION FOR DRIVEWAYS. County shall pay Owner Six Thousand Four Hundred Twenty One Dollars ($6,421.00) tier driveways. 10. COMPENSATION FOR CROP DAMAGE. County shall pay Owner One Thousand Five 1lundred Eighty Four Dollars (!51,5Ha.90) ibr crop damage. I I. COMPENSATION FOR CONCRETE WALL NOISE BARRIER. County shall pay Owner Ten Thousand Dollars ($10.000.00) tier a concrete block 1%,all to he installed between the residential improvements and the ROW described in Exhibit A. 4212705 Pages: 4 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County, CO rap: 501'6 12. RI'.MOVAi. O1 1 RE•:ES IN RIG1lT OF WAY: County shall remove and dispose of trees I and a-1 in Exhibit F and shall coordinate removal dates with Owner to ensure large landscaping rock and material is cleared prior to tree removal. MiSCELLANEUI;S: This Agreement and the transfers of the Public Road Right -of -Way, made pursuant to the terms herein, shall he bindine. upon. all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. _2. fhis Agreement shall not he valid until it has been approved by the Hoard of('ounty Commissioners of Weld County. Colorado or its designee. 3. No term or condition of this contract shall he 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- I 0-10I et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorised any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party. or its agents or employees. ?. It is expressly understood and agreed that the enforcement of the teams and conditions of this Agreement, and all rights of action relating to such enforcement. shall he 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 he 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 go' crned by and constructed in accordance with the laws of the State of Colorado. 4212705 Pages: 5 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Wec ::runty CO t.f4ll{t,I \ \1 \\I "I II 4" I. \1101 \ \I \\. 4212705 Pages: 6 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■III M'r1ti4P.iJlk4dE4i1'A#Ialk14,171A I Ora 11 II III c - / .' c, can P. Conway, Pro-Tem ci JUN 1 5 2016 oZo/lo -/1+4/ EXHIBIT -A RIGHT-OF-WAY TWO PARCELS OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 A DISTANCE OF 267.67 FEET; THENCE DEPARTING SAID LINE SOUTH 89'33'44" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 AND BEING THE POINT OF BFGINNING. THENCE SOUTH 69'01'55" WEST ALONG THE NORTH LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY A DISTANCE OF 83.69 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS NORTH 01'33'56" EAST A DISTANCE OF 404.73 FEET; THENCE NORTH 02'18'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 598.84 FEET; THENCE NORTH 00'26'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 592.62 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 02'42'36" AND WHOSE CHORD BEARS NORTH 01'47'34" WEST A DISTANCE OF 592.57 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'17'57" AND WHOSE CHORD BEARS NORTH 02'29'53" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 357.61 FEET; THENCE NORTH 89'48'24" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 77.17 FEET; THENCE SOUTH 00'26'16" EAST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 2366.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 132,710.81 sf. OR 3.05 ac. MORE OR LESS. AND RIGI IT OF WAY ACQUISITION RW-47 GEORGE & ELOISE MAXEY %VCR 49 Wig WIll) C'(1I!V]V. COLORADO 86� '- J WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO. SRI' -26 SCALE: I"=41) 4212705 Pages: 7 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO DATE. 12-23-14 BY: JIM SHEET: I uf3 �� RIFJP }Zl I III EXHIBIT -A RIGHT-OF-WAY CONT. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'39'23" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'39'23" WEST A DISTANCE OF 142.48 FEET; THENCE NORTH 69'02'46" EAST TO A POINT ON SAID EXISTING RIGHT-OF-WAY LINE A DISTANCE OF 152.13 FEET; THENCE SOUTH 00'26'16" EAST ALONG SAID LINE A DISTANCE OF 53.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,815.02 sf. OR 0.09 cc. MORE OR LESS. FOR A COMBINED TOTAL OF 136,525.83 sf. OR 3.14 ac. MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT—OF—WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL(S) CONTAINING 1.67 oc.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. RIGI IT OF WAY ACQUISITION GEORGE & ELOISE MAXEY WOK 49 V IU. I) COtJAI Y_ COLORADO 4212705 Pages: 8 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO iI� VIII M!�1�'ktiUJ��h^frW H/ki}iM;OH' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE. r-4(11 DATE: 12-23-14 BY 11113 SHEER 2 of EXHIBIT -A E 1/4 COR S24-T5N-R65W 2 1/2" A.C. STAMPED ALLES LS#9644 2001 IN MON. BOX R NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 01 ' , I • N I n z CD E 3 Ca LINE TABLE ADDITIONAL RIGHT—OF—WAY ACQUIRED —11• i I ' m o LINE BEARING DISTANCE 132,710.81 sf.± OR 3.05 ac.± coN L1 589'39'23"W 142.48' & I o a L2 N69'02'46"E 152.13' i O z m L3 500'26'16"E 53.55' ADDITIONAL RIGHT—OF—WAY ACQUIRED f L4 NO0'26'16"W 267.67' (SEE DETAIL) 3,815.02 OR 0.09 re� L5 589'33'44"W 30.00' sf.± ac.± I EXISTING WCR 49 L6 S69'01'55"W 83.69' ADDITIONAL RIGHT—OF—WAY ACQUIRED i�3o' 30'R RIGHT-OF-WAY L7 NO2'18'02"E 207.50' COMBINED TOTAL OF ' BK.86/PG.273 OCT. 12, 1889 L8 NO0'26'16"W 18.51' 136,525.83 sf.± OR 3.14 ac.± ' 0 L9 NO3'08'52"W 217.87' r 1I' ADDITIONAL RIGHT—OF—WAY d' L10 N89'48'24"E 77.17' m c — ACQUIRED 'R n GEORGE & ELOISE MAXEY PARC.#096124000023 3 co ` I, 3,815.02 sf.t OR 0.09 ac.± 9 u� RECP.#1317140 N `V 0 o j I P.O.B. CURVE TABLE Z I 589'39'23"W J 30.00' . - C# LEN RADIUS DELTA CHD CHD BRG I DETAIL C1 404.74' 15770.00' 01'28'14" 404.73' N01'33'56"E J I i -NTS- I C2 598.90' 12530.00' 02'44'19" 598.84' NO0'55'53"E i APPARENT 30' RIGHT-OF-WAY C3 592.62 12530.00' 02'42'36" 592.57' NO1'47'34"W a C4 357.61' 15770.00' 01'17'57" 357.61' NO2'29'53"W O P.O.C. i P.O.B. SE COR 524—T5N—R65W 2 1/2" A.C. STAMPED LS#34980 2008 IN MON. BOX S 1/4 COR. R" S24-T5N-R65W I ii7 -Pi L�le� R <, \ R S 1/4 CDR. 519-T5N-R64W _\_ EXIST —AG_ mss_ 0 _A� _ _ -t — —c — - 589'39'27' W 2660.15' SEE N Y DETAIL,, ----- I fJ89'49 23 E 2581.56' / RIGHT OF WAY ACQUISITION KW °J "�� O -- 1861 - ti - �, 7 r _ Ji WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 GEORGE & ELOISE MAXEY WC'K 49 W lip cco0AlF Y- COI PROJECT N0- .SKI' -?6 SCALE 1"-400 DATE. 12-23-14 BY: MB SHEET- 3 of 4212705 Pages: 9 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO 1101 h'1 r'A:IrI' I jIA,114,1I III EXHIBIT -B PERMANENT EASEMENT #1 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING SOUTH 00'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'24" WEST ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 A DISTANCE OF 107.17 FEET TO A POINT OF CURVE TO THE LEFT AND BEING THE POINT OF BEGINNING. THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'17'57" AND WHOSE CHORD BEARS SOUTH 02'29'53" EAST A DISTANCE OF 357.61 FEET; THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 248.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 01'08'03" AND WHOSE CHORD BEARS SOUTH 02'34'51" EAST A DISTANCE OF 248.01 FEET; THENCE SOUTH 85'11'08" WEST A DISTANCE OF 20.02 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 248.60 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,510.00 FEET, CENTRAL ANGLE IS 01'08'19" AND WHOSE CHORD BEARS NORTH 02'34'42" WEST A DISTANCE OF 248.60 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 358.64 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 01'18'05" AND WHOSE CHORD BEARS NORTH 02'29'49" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 358.64 FEET; THENCE NORTH 89'48'24" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 16,486.09 sf. OR 0.38 ac. MORE OR LESS. PERMANENT EASEMENT ACQUISITION GEORGE & ELOISE: MAXEY W(R 49 N PI. I) COI N I Y. COI ()WAD() „1861 p h T� 4212705 Pages: 10 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO VIII F4�1�'l,4�+rf �I�''IWISI4��h P� I�N�N1�11h'� I�i� 114 ,11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO. Mr' -26 SCALE 1-401) DATE 6-19-15 BY DRH SHEET. I oil EXHIBIT -B PERMANENT EASEMENT 112 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 A DISTANCE OF 238.32 FEET; THENCE SOUTH 89'33'44" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD A DISTANCE OF 108.37 FEET AND BEING THE POINT OF BEGINNING THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 69'01'55" WEST A DISTANCE OF 21.54 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 413.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15790.00 FEET, CENTRAL ANGLE IS 01'29'58" AND WHOSE CHORD BEARS NORTH 01'33'03" EAST A DISTANCE OF 413.24 FEET; THENCE NORTH 02'18'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 597.94 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 597.88 FEET; THENCE NORTH 00'26'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 87.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS NORTH 00'38'14" WEST A DISTANCE OF 87.02 FEET; THENCE NORTH 89'09'49" EAST A DISTANCE OF 20.00 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 87.16 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS SOUTH 00'38'14" EAST A DISTANCE OF 87.16 FEET; THENCE SOUTH 00'26'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 598.84 FEET; THENCE SOUTH 02'18'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS SOUTH 01'33'56" WEST A DISTANCE OF 404.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26,410.14 sf. OR 0.61 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. PERMANENT EASEMENT ACQUISITION /4� /) (PE GEORGE & ELOISE MAXEY WCR 49 WI.I. I) 001iNI Y_ COI OR:ADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SKI' -26 SCALE: I"-4111 DATE. 6-19-15 BY. 1)1211 SHEET 2017 4212705 Pages: 11 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III MI�114'1,V. '1i V VIR EXHIBIT -B S89'48'24"W 12 ` P.O.C. \ 107.17' (TIE) , \\ L4 " 2 1/4 CORS24T5N- RW 2 1/2" A.C.C STAMPED ALLES LS#9644 2001 IN MON. BOX E NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO U ILLUSTRATE THE ATTACHED 20' PERMANENT EASEMENT P.O.B.#1 #1 PROPERTY DESCRIPTION ONLY. 16,486.09 sf.± OR 0.38 ac.± GEORGE & ELOISE MAXEY L PARC.#096124000023 '�1 I —w °a m �o LINE TABLE RECP.#1317140 1317140 N LINE BEARING DISTANCE a a L1 S03'08'52"E 217.87' o on L2 585'11'08"W 20.02' L3 NO3'08'52"W 217.87' L2 L4 N89'48'24"E 20.01' L5 238.32' } EXISTING 30' RIGHT—OF—WAY I L6 589NO0' 3'44"W 589'33'44"W 108.37' L10 P BK.86/PG.273 OCT. 12, 1889 L7 569'01'55"W 21.54' cl L8 NO2'18'02"E 207.50' L9 NO0'26'16"W 18.51' 20' PERMANENT EASEMENT #2 L10 N89'09'49"E 20.00' 26,410.14 sf.± OR 0.61 ac.± L11 S00'26'16"E 18.51' APPARENT 30' RIGHT—OF—WAY L12 502'18'02"W 207.50' m , CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG C1 357.61' 15770.00' D1'17'57" 357.61' 502'29'53"E ADDITIONAL C2 248.02' 12530.00' 01'08'03" 248.01' 502'34'51"E RIGHT-OF-WAY C3 248.60' 12510.00' 01'08'19" 248.60' NO2'34'42"W C4 358.64' 15790,00' 01'18'05" 358.64' NO2'29'49"W co J C5 413.25' 15790.00' 01'29'58" 413.24' NO1'33'03"E C6 597.94'12510.00' 02'44'19" 597.88' NO0'55'53"E E C7 87.02' 12510.00' 00'23'55" 87.02' NO0'38'14"W CB 87.16' 12530.00' 00'23'55" 87.16' 500'38'14"E ui 09 598.90 12530.00' 02'44'19" 598.84' SO0'55'53"W U _o " 010404.74'15770.00' 01'28'14" 404.73' SO1'33'56"W .O.B.#2 Q ,; SE COR S24-T5N-R65W `'E 2 1/2' A.C. STAMPED L7 J!49802008INMt 5WW LS .. S19-T5N-R6>� �/_ Fag; ROW - NO �CGE55 - e-� WCR 54 —� P PERMANENT EASEMENT ACQUISITION ELD * L_ CO<)I`!T� yigbi _ !, W ELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54&USIIWY34 GEORGE & ELOISE MAXEY WCR 49 WI( I)001 LNIN_ COLORADO PROJECT No SRP-z6 SCALE I"=400 DATE. 6-19-15 BY. DRII SHEET- 3 oN 4212705 Pages: 12 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO VIII W1j!',7 n'J i411:1Y V,ILkl'i:til aRf,,:14'ial'AIII III III EXHIBIT -C TEMPORARY EASEMENT in A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING SOUTH 00'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'24" WEST ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 A DISTANCE OF 107.17 FEET TO A POINT OF CURVE TO THE LEFT AND BEING THE POINT OF BEGINNING. THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'17'57" AND WHOSE CHORD BEARS SOUTH 02'29'53" EAST A DISTANCE OF 357.61 FEET; THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 248.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 01'08'03" AND WHOSE CHORD BEARS SOUTH 02'34'51" EAST A DISTANCE OF 248.01 FEET; THENCE SOUTH 85'11'08" WEST A DISTANCE OF 20.02 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 248.60 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,510.00 FEET, CENTRAL ANGLE IS 01'08'19" AND WHOSE CHORD BEARS NORTH 02'34'42" WEST A DISTANCE OF 248.60 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 358.64 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 01'18'05" AND WHOSE CHORD BEARS NORTH 02'29'49" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 358.64 FEET; THENCE NORTH 89'48'24" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 16,486.09 sf. OR 0.38 cc. MORE OR LESS. TEMPORARY EASEMENT ACQUISITION TE-47 GEORGE & ELOISE MAXEY WCI( 49 WI 1.11) COI fY- COI. DRAM) WELD COUNTY DEPAR"TMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE I"-400 DATE: 6-19-U BY UKII SHEET Iof 4212705 Pages: 13 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO VIII M1�1�74 ' Yfi4'tiIM'LI'�'h�'f;I�+�MiR��Jk tIUI�'Ii V II I EXHIBIT -C TEMPORARY EASEMENT #2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 A DISTANCE OF 238.32 FEET; THENCE SOUTH 89'33'44" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD A DISTANCE OF 108.37 FEET AND BEING THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 69'01'55" WEST A DISTANCE OF 21.54 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 413.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15790.00 FEET, CENTRAL ANGLE IS 01'29'58" AND WHOSE CHORD BEARS NORTH 01'33'03" EAST A DISTANCE OF 413.24 FEET; THENCE NORTH 02'18'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 597.94 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 597.88 FEET; THENCE NORTH 00'26'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 87.02 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12510.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS NORTH 00'38'14" WEST A DISTANCE OF 87.02 FEET; THENCE NORTH 89'09'49" EAST A DISTANCE OF 20.00 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 87.16 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 00'23'55" AND WHOSE CHORD BEARS SOUTH 00'38'14" EAST A DISTANCE OF 87.16 FEET; THENCE SOUTH 00'26'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 598.84 FEET; THENCE SOUTH 02'18'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS SOUTH 01'33'56" WEST A DISTANCE OF 404.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26,410.14 sf. OR 0.61 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. TEMPORARY EASEMENT ACQUISITION GEORGE & ELOISE MAXEY WCR 49 'VI I. I) COUNTY_ C(II. ()RAI)O i86. B— CCU W'GLD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO. SRP-26 SCALE: 1"-401) 4212705 Pages: 14 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO DATE. 6-19-15 BY DM1 SHEET. 2 of 3 101 Mr1I ,Q G'I 1ha'I'ri14, I1/2:irtiVeLd*}AFVI'IWvvii II 01 EXHIBIT -C III NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. LINE TABLE LINE BEARING DISTANCE L1 S03'08'52"E 217.87' L2 S85'11'08"W 20.02' L3 NO3'08'52"W 217.87' L4 N89'48'24"E 20.01' L5 NO0'26'16"W 238.32' L6 S89'33'44"W 108.37' L7 569'01'55"W 21.54' L8 NO2'18'02"E 207.50' L9 NO0'26'16"W 18.51' L10 N89'09'49"E 20.00' L11 S00'26'16"E 18.51' L12 S02'18'02"W 207.50' CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG Cl 357.61' 15770.00' 0117'57" 357.61' 50229'53"E C2 248.02' 12530.00' 01'08'03" 248.01' 502'34'51"E C3 248.60' 12510.00' 01'08'19" 248.60' NO2'34'42"W C4 358.64' 15790.00' 01'18'05" 358.64' NO2'29'49"W C5 413.25' 15790.00' 01'29'58" 413.24' N01'33'03"E C6 597.94'12510.00' 02'44'19" 597.88' N00'55'53"E C7 87.02' 12510.00' 00'23'55" 87.02' N00'38'14"W C8 87,16' 12530.00' 00'23'55" 87.16' S00'38'14"E C9 598.90 12530.00' 02'44'19" 598.84' 500'55'53"W C10 404.74'15770.00' 01'28'14" 404.73' SO1'33'56"W 589'48'24"W 107.17' (TIE) L4 20' TEMPORARY EASEMENT #1 16,486.09 sf.± OR 0.38 ac.± GEORGE & ELOISE MAXEY PARC.#096124000023 RECP.#1317140 20' TEMPORARY EASEMENT #2 26,410.14 sf.± OR 0.61 ac.± S 1/4 COR. 524—T5N—R65W -��- NCR -54 SE COR 524—T5N—R65W 2 1/2' A.C. STAMPED LS#34980 20088 1Nt BOX J U L2 P.O.C. -E 1/4 COR S24-T5N-R65W 2 1/2" A.C. STAMPED ALLES LS#9644 2001 IN MON. BOX I�I P.O.B.#1 Wcn ( re Z 0E CRw /-O 10 NN oQ o I�Zm L101 J, U L7 U L EXISTING 30' RIGHT-OF-WAY BK.86/PG.273 OCT. 12, 1889 4 —APPARENT 30' RIGHT-OF-WAY III I ADDITIONAL RIGHT-OF-WAY O.B.k2 LS S 1/4 COR. 519-T5N-R64W EX1 iTh ROW - NOSCESS _kr0 TEMPORARY EASEMENT ACQUISITION ens GEORGE & ELOISE MAXEY WCR 49 WELD COUNT Y. COLORADO AN,i8ir 6yr .t.", WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO. SRI' -26 SCALE: I" 400 4212705 Pages: 15 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County.. CO ■III PrdI ?I III DATE 6-19-15 BY. UR11 SHEET 3 of EXHIBIT D PREPARED BY: Atmos Energy Corporation 1200 11th Avenue Greeley, CO 80631 NONEXCLUSIVE RIGHT-OF-WAY AND EASEMENT STATE OF COLORADO KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WELD THAT, GEORGE A. MAXEY AND ELOISE J. MAXEY, whose address is 26331 County Road 49, Greeley, CO 80631, hereinafter called GRANTOR (whether one or more), for and in consideration of the sum of Ten and NO/100 ($10.00) DOLLARS, and other good and valuable consideration in hand paid by Atmos Energy Corporation, a Texas and Virginia corporation, whose address is P.O. Box 650205, Dallas, TX 75265-0205, hereinafter called GRANTEE, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey, unto the said Grantee, its successors and assigns, a perpetual nonexclusive right-of-way and easement in, across, under, over and through the following described property in Weld County, State of Colorado (hereinafter the "Property"), and described as follows, to wit: EXHIBIT B ATTACHED (3 pages) Nonexclusive Right-of-way and Easement twenty (20) feet in width, to install, construct, reconstruct, inspect, operate, maintain, alter, repair, change the size of, replace and remove, abandon in place and/or remove at will, in whole or in part, relocate along the same general direction, one or more gas pipelines, service laterals and extensions thereto, together with meters, regulators, cathodic protection equipment and aerial markers, and all other facilities, equipment and other appurtenances thereto, over and through the Property, necessary or convenient to Grantee in the use of said pipeline(s) (collectively, unless the context indicates otherwise, the "Pipeline"). This grant shall carry with it the rights of ingress and egress to and from said Property with the right to use existing roads for the purpose of constructing, operating, inspecting, repairing, and maintaining the Pipeline, and the right of removal or replacement of the same with either like or different size or type pipe, facilities or equipment, whether larger or smaller, or other construction at will, either in whole or in part. TO HAVE AND TO HOLD the above described rights and easements, together with any 4212705 Pages: 16 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO ■IIIfrPjl1RIvr�I)MiI��Wtdk,'irYlLN Ill 01 other rights necessary to operate and maintain the Pipeline over and across the above described property unto the said Grantee, its successors and assigns. Grantor shall have the right to fully use and enjoy the surface of the easement area except for the purposes herein granted provided that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the Grantee's rights hereunder. No permanent building, house, well, reservoir, structure or obstruction shall be constructed upon, under or across the easements or rights -of -way herein granted without the Grantee's written consent. Further, Grantor shall not change the grade of the easement area or excavate within the easement area without the written permission of Grantee. Grantor further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior approval of Grantee. Grantee shall have the right to install at its expense, permanent gates in any existing fence to permit ingress and egress along the easement or right-of-way herein granted. Grantee agrees to pay for damages to growing crops and other property of Grantor, or any tenant or lessee of Grantor, as their respective interests may appear, arising out of the construction, operation, repair, inspection, maintenance or replacement of the Pipeline and/or Facilities maintained hereunder unless caused by the negligence of Grantor or of Grantor's agents, employees, representatives or assigns. Grantee agrees to hold Grantor harmless from all damages, injuries or claims by third parties resulting from the construction, operation or maintenance of any pipeline(s), facilities and/or appurtenances thereto constructed by Grantee under this easement. The Grantee shall bury the Pipeline, if applicable, to a depth not less than that required by applicable law or regulation. All construction, maintenance and repairs which shall be made to the Pipeline shall be done at times suitable to Grantee and, if possible, at such times as will least interfere with the agricultural use of the Property. Grantee shall have the full right. at its sole option, to clear, and keep clear, the right-of-way and easement herein granted, and all timber, trees, undergrowth and other obstructions which might interfere with the construction, operation, inspection, repairing or maintenance of the Pipeline, or endanger same. Grantee shall have the right to select the exact location of said Pipeline(s) and any future Pipeline(s) within said easement, and to do whatever may be requisite for the use and enjoyment of the rights herein granted. Grantee agrees to restore the Property to as close to the original condition as is reasonable. Grantor represents that Grantor is the owner in fee simple of the land above described, free and clear of any unstated liens, encumbrances or imperfections, subject to outstanding mortgages, if any, and all other matters now on record in said County. Grantor shall retain all oil, gas and other mineral rights in, on and under the right of way and easement granted herein. This right-of-way and easement shall run with the Property and inure to the benefit of, and be binding upon, the successors in interest of Grantor, in and to the Property. Grantee shall have the right to assign this easement in whole or in part of one or more assignees. This contract is binding upon any subsequent owner or owners of said land, and it is hereby expressly understood that the parties securing this grant in behalf of Grantee are without authority to make any covenant or agreement not herein expressed. WITNESS THE EXECUTION HEREOF this GRANTOR. 4212705 Pages: 17 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO IIII NJ�1L'�n Cir' Ih�ti'i, bF�J Pj��F�'rrl� fi ill VI Ih'I Pi Lint Bill day of A.D., 20 GEORGE A. MAXEY 26331 County Road 49, Greeley, CO 80631 ELOISE J. MAXEY 26331 County Road 49, Greeley, CO 80631 JOINT ACKNOWLEDGMENT STATE OF COUNTY/PARISH OF § The foregoing instrument was acknowledged before me this day of A.D , 20 by GEORGE A. MAXEY and ELOISE J. MAXEY WITNESS MY HAND AND OFFICIAL SEAL (Type, print or stamp name) NOTARY PUBLIC My Commission Expires: Notary Identification No: 4212705 Pages: 18 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO �III1� �1RLQhr:�F I?iI J w, i6k+i�M �:ti«�kl��'�h# 'L�,11111 EXHIBIT E Bonnell Fencing Services, Inc PO Rox 337442 Greeley, CO 80633 Name / Address Proposal / Contract Date Proposal # 4/45/2015 11461 Ship To 26331 C R 49 Kersey CO Ph 970-353-1819 Fax 970-353-1988 E -m... paul@bonnellfencing.com Terms Description City Cost Total 4 STRAND BARREL) WIRE FENCE AND 4' TAIL WIRE PANEI. FENCE ON VIETAI. T POSTS - reuse metal T posts - reuse panels - reuse metal tube gates - new barbed wire - new wooden El braces - new gate posts Labor to tear out and dispose of existing fence 1.190 1.00 1.191.00 4 -strand Barb Wire with fasteners (4 spools of 1320' ) I 480.00 480.00T Wooden II -Brace End/Line 5 4590 225.00T Wooden II -Brace Corner I 911.110 90.01)1 6" diameter Wooden Gate Posts 2 18.50 37.00T Labor to install fence 1.190 2.00 2.380.01) Labor to install II -Brace End(I.inc 5 80.01) 400.00 I to install II -Brace Corner I 120.00 120.00 Labor to install gates) ***does NOT include removing or reinstalling existing chain link hack stop 3 RAIL WHIFF: VINYL RANCH FENCE - reuse rails - new posts (with concrete) 2 50.00 100.00 I.ahor to tear out and dispose of existing fence posts 128 2.00 256.00 5"x5"x(i White Vinyl Custom -Routed Post (with concrete) 16 19.50 312.001 I.ahor to install fence 128 4.40 563.21) Thank you for the opportunity to meet your fencing needs! Subtotal All material is guaranteed to he as specified, and the above work is to be performed in accordance with the drawings and specifications submitted litr above work and completed in a timcl) workmanlike manner. Any alterations or deviation from proposed work involving additional costs will he billed accordingly. Sales Tax (0.0%) Total 4212705 Pages: 19 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes Clerk and Recorder Weld Wleld County CO �III!!!C1' TUfi Ng: hidlidf�� t�� 4f�tl�fl «ISYi h 11111 age 1 Signature Bonnell Fencing Services, Inc PO Box 337442 Greeley, CO 80633 Name / Address Proposal / Contract Date Proposal # 415/2015 11461 Ship To 26331 CR 49 Kersey CO Ph 970-353-1819 Fax 970-353-1988 E -m... paul@bonnellfencing.com Terms Description Qty Cost Total 4' TALI. WHITE VINYI. SCAT. IOPE D PICKET FENCE - reuse panels - new posts (including concrete) Tabor to tear out and dispose of existing fence 4'x4'x6' White Vinyl Custom -Routed Post (with concrete) I.abor to install fence ***does NOT include reinstalling existing concrete tooter GREEN METAI. FURL RANEE SON I POSTS - reuse existing material Iahor to remove and reinstall panels 54 9 54 I 2.35 18.00 9.00 320.00 126.90 162.00T 486.00 320.00 Thank you 11w the opportun i tv to meet your fencing needs! Subtotal 57.248.1(1 All material is guaranteed to he as specified. and the above work is to he performed in accordance with the drawings and specifications submitted for abo'c work and completed in a timely workmanlike manner. Any alterations or deviation from proposed work involving additional costs will be billed accordingly_ * -) d $0.00 Sales Tax (0.0%) Total $7.248.10 c��..� �e i' jut' urn,n coninwuon umue easy umu'MSC - Signature 4212705 Pages: 20 of 32 06/20/2016 01:16 PM R Fee:$0.00 2 Carly Koppes. Clerk and Recorder, Weld County, CO VIII NI�11LI?f ITil4Y !IN III EXHIBIT F Maxey Farms 1 Valuation Landowners: Maxey Farms Property location: 26331 WCR 49 Kersey. Colorado Purpose: To value trees to be removed in the widening of WCR 49 that provide landscape value to a home. Date of field visit: April21, 2015 Tree function: Trees add landscape value to the home mentioned above. Wildlife habitat, site protection from wind, and aesthetics also are benefits. Process: A field inventory was conducted. Information collected was tree species, tree diameter, and location as it benefits the residence. Condition was evaluated per the descriptions in the Appendix. The book, Guide for Establishing Values of Trees and other plants, was utilized in determining tree values. Plant descriptions: A total of thirteen trees were examined. Three of the trees are mature and well established. Two are volunteer clumps. The remaining trees were planted one year ago and appear to be established. A magnificent American elm is the dominant tree in the landscape. It is possibly the largest and in the best condition of any of this species in Weld County. A mature honeylocust provides shade for the residence. The third mature tree, a boxelder, was brought to Colorado by the family from their previous home in Illinois and has added value for that reason. All species represented are well suited to the local climate. See the Inventory in the Appendix for specifics. Discussion: Landscape trees are more valuable than those trees along roadsides or in natural wooded areas. They add comfort and beauty to this residence. There are only minor pest problems present. All trees would have an expected life span of at least 20 years. The young, recently planted trees could be moved to another location by a tree spade of appropriate size. See the remarks included in the inventory for additional information on individual trees. Estimated value: In my opinion, the estimated value of the thirteen trees is: $ 10,830. 4212705 Pages: 21 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO 1111M!r'j'�i�lfni�F�ll.l'Ihl}l��'��1'Itil;1Ili'I i��1it' 11111 Certification: I hereby affirm the following: - I have no undisclosed interest in the property or appraised vegetation. -I personally inspected all trees and shrubs. -This appraisal has been made in accordance with recognized standards and practices. - According to my knowledge, everything contained in this report is true and not important facts have been omitted. TR ca, aymond L. Mehaffey, Jr. 4212705 Pages: 22 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Kopples, Clerk and Recorder, Weld County. CO' ■III !!!�1�,�3h* �hKr.�V� l'�ti 1,4lu �l Rr�V4h. Yr,h.iIli Bill May 4, 2015 Maxey Farms 1 Inventory Tree No. Species Diameter Condition Remarks l American Elm 32.0" Good Pruned. Good specimen 2 Green Ash 2"& 2" Fair Twin trunk, unpruncd, 4" new twig growth. in landscape fabric & gravel 3 Ilonelocust 16.5" Good Clearance pruned only, in lawn, 5-7" new twig growth 4 Boxelder 10.8, 9.0, Fair Triple trunk, in fabric & lava rock, & 8.5" pruned, 5-7" new twig growth, sun scald, heritage tree, healing wound 5 Siberian elm clump Fair Volunteer 6 Co. blue spruce Excellent 8 feet tall, 1 -year transplanted, temporary ROW 7 Co. blue spruce Good Imperfect form, minor damage to leader, on ROW boundary line 8 Co. blue spruce Excellent 9 Green ash 3.5" Fair Sunscald, 3-5" new twig growth 10 Apple 2.5" Fair Restrictive tie at base, frost damage, branch tear scar I I Apple 2.3" Fair Branch tear, 5" new twig growth, tie at base is restrictive 12 Cherry 3.0" Fair Basal scar, 8-12" new twig growth, tie is restrictive, gwnmosis 13 Cherry 3.0" Good 5-7" new twig growth Diameter on large trees measured at a point 4.5 feet above ground level. Diameters on small trees using nursery measure at 12 inches. 4212705 Pages: 23 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII M��1�lQh'�r11Y�;U*!ISViiiil'rk4,ilIh:RIAIV'Iivi,1IIII Maxey Farms 1 Values Tree number 1 3 4 5 6 7 8 9 10 Il 12 13 4212705 Pages: 24 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO VIII Il'r1R'1R4rt'JILiVi'Mh4 II III Estimated value . $ 4,050 80 2,830 1,280 80 490 390 490 200 140 210 250 310 4212705 Pages: 25 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder! Weld County CO Ph 44 I','Ii 111111 Tree #4 ,. ' . . ' ?''h., a . , : � I �' � + C J . � ,j( 1. • !` i ; .. •'': ~ �' � � �h ' l� � i � \ � � � . � . � � � � ^ T ;� ' d � . / � . � . ,- . � . ' �uii eti � �u' � , �� s,- ' � � .�,� i; . ' .. ` 7S " ` . ,� , ; _ •�_ _ � - . --- � ' ' �' � � - - � , • .. , . �_ - - ; .: _ ; ; � . _ � « , ,. . :k�,' . �I .:� . ' . .i�C: ._.. 'yr^ �, � "" ^ ' � i � �� .y.i �'.� w� �n . � � ^ � r...• � ' , ;.i . .ti_. 4�-. j - � ,�. N� � �� . , . ' � � , � . ' _ :� . . , ' - , � ' . � , ,.. � ; r • v � � � . , . .ti�:., -t' ._ �•� '. .� . i. �. . .� �f _ -S� 'S . t . � . � ♦ ..�' '��'. .•; � - IY r . � ' r � � ` � . .,�� m .�.�f��.�. 1 ` .. . � � y :4'�� iy� � r �}�! �` � . • � ' r i � 2 /' ` 4 `' , ' . y �'yG�_ � Y ~ � ry� l\ • i.y , 4 �� V 1 I �i < .� ) � �I � `�n , � 4212705 Pages : 26 of 32 u 06/20/2036 01 : 16 P11 R Fee : $0 . 00 T Garly Koppes , Clerk and Recortler . Weltl County , CO ■III N��1l7�QG'RJf+Y�:IIh�� Y ��1��1�� l6 �yly��Llhl �FP��iYI��F� �I III Trees #5 & #6 ��,, .•. - � —� �, r. . - •. o e: �r ✓ � .^'y �. . `Y E 2.. • , � � '— �,; . . � � � ' , . .t 'x ' . � . � . : . . . :,. . , . - ; �;;r; y r • . tl� 1 , � r ' . . � / . . �� r . � ) � . � a � ; � �� . _' � �+ { . . � q� ' tc - ' t ' �-� � y y., � - � ' i !�� . ' � 'ly{4�(�' e �i, t R �. 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Weld County , CO �IIIIV��1��!3�'�� Yi�li+i�� wl� 6ht�:IW�iY��1Y�h�Plr:Y4rF� �I III Trees #10 & #11 c � _ � . _: �, . . �. . ', , � � r . , �+ g � , 1 Yi � t+ l I ' ' � �� / �1 ��^ r. , r \� I i y � � { � � �n i , � ,. ��` . � , ��,�, , - '� --�'fi•�`.,; M , _." . :uj'{ 1 , R. .� � �r. 't , �i ; ; � _� � u' e � f � " J�� .��.� �� r i � . , , , . ., n __ � �.t. : � �' } :.��;� � �w , ^t . : �_ � A a� . �. '' �. ;� _ , y'�e- - - � r . 1 . v � . '_ �' f _ �l. : .% � • 1 � • 1 r ♦ . . _^ �' 'J � I ♦ ' ' - •'' . ^ � A ��+ ' � �� . i _ ;- y� . ^_ Y U�.`�Y R � . J �y} � �� : � � • �' �lilr . � .. '�i , . '� _ , � K �.- • ��M � .� . " '�. , L" . . ." qVa., ..', . • �( � . � 1 n ��l► � ~.� � I v .'�:'1t �'.: . �� 4�. , {� . [ _ ^ � ' T , � i. � f R t f�4 .� , , 4 . ~� �� ' J . �. . :.r-. . : ti 'a - v' �: . .. .. , , �.. "�. A,.�� t • � „ '� r :, � . - ' _.� . 4.�: .Y°�r{`{` Q �' �' �n ;.�, ! _� .. '.� . ...�... f��`j� f ."� ` �. "„ . t ' /1 �r. '�' .,. ' .. f � ' . '. 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Weld Coun [y , CO �III I��l11��i �f�Fihh��ll�+ i, l� w��l� �� i!lilLr��Yi�}Y�� I III : ;-:; , _; � �,; � ;,� r� . �� 1�f.� ,s� ::1�1 iF �!� ' �I i i Z � r ; �. -+c �� " �.�! -�:-' ' , ,p , : � ,, ' � � �,tit �� . � � -� 1 : : `�`� � `}l�`} � ~ ` ' )1 � . 1 �� . \ I , � � \ � . l ;�� . . . . . . . . . ' _ . . 7 'v ,. � .C.,- vi . �! � ' 1 '_Y. � _ _ , - ; Y � .{�' t t � —� •� -n r � - Y'^ . ��•� �4T � { ��3 ��'\� ��Y �� • . . ._ i .. • . •� . • �' .'1 . . y ' � i _� • :� • 'lf2TT � � ( :.J .. . � . •i . s � a � ��! ��.�� _ � `.;v[�P . - - � . . . - ' P� y f. ' ♦ .� �� j � � � . , �. .. �1 � ��) •Y �� r nI'R^�"Ur ._ � 4a. � . . . r' _ ^' ♦ �: ,� • • � a�} � � .. ~ ; . �` . . . . _• ' . t,. .. - ./�, . ` ' - ° n� j � • � � w .. ' _ 'h, y . . . , . . • ■ ��S , . . � . L'�.'R'L' •� : :� T .. . '.'s. l � � �, . . . •,v, . Y . � � ''�4. 1 . . � ' , .- ' .� !�. _ ' ,. '-� . ' � • r, . .' �a � . '. . . . — � . .. • . . .. f . . •� ;'.. .. �.. . . Y .� � . . ._. - .. - . - �r -d. r �•- • _ , 1 . � - . .:;'�--",:L „ . r . �i. w. � . r . - • '.;;,,� . �� . • � i« kK>�jj, '�' .. "\. ��lvV •1 . ' � r .. e� y�i �� .�� .� [�; F . . .:ti _ . : �_e ..i�: .. _'.r:'"'"_ - . - � � • � .. i,� ; �I , �. .� �..: �� a � - ; ' . , , . , � . . . - � � . - , t .� , � � n � :. .� • . v � .. . . _ � . . � _.- - y . {=�, �� + ' . p . . . .z� �"Jr'� t �` t .. . . . ; ' �Q,�`r".� � � ' m �� Y � � • ��rR r.�. ,� r�, 'Y � . . ' � 1'r{�. . , ,f � -��i� ,�. � _ - _ � . . ' . , � y d . � , yK \ ' - . �' , g �i . . u 4 4 - '. . t �. . . . - . . . - . . 1 TREE CONDITION DESCRLPTIONS USED IN INVENTORIES Excellent - Good - Fair - Healthy, vigorous tree. No apparent signs of insect, disease, or mechanical injury. No corrective work required. Form representative of the species. Better than average vigor. little corrective work needed. Not quite perfect form. Average condition and vigor for the area. May he in need of some corrective pruning or repair. May lack desirable form characteristics of the species. May show minor insect injury, disease, or physiological problem. Poor - General state of decline. May show severe mechanical, insect or disease damage. Death not imminent. May require major repair or renovation. Very Poor - Includes "poor" above but is more extreme in that no amount of repair or renovation will lead to a desirable and sustainable tree. Costs would exceed any benefit. 4212705 Pages: 31 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County., CO III BACKGROUND Raymond L. Mehaffey, Jr. Education Colorado State University Colorado State University B.S. in Forest Management 1960 Post graduate classes Introduction to Natural Resource Economics Real Estate Law Arboriculture Front Range Community College Landscape Management Partial list of workshops attended: National Urban Tree Symposium National Urban free Symposium II National Urban Forest Conferences, Two. Three, Four, and Six National Christmas Tree Association Marketing Conferences (2) Valuation of Landscape Trees, Shnths, and Other Plants-ISA (2) Basic and Rural Properties Land Appraisal - AIREA Rural Appraisal — Society of Farm Managers and Rural Appraisers Landscape and 'turf Conferences — CSU Extension Service Colorado Nurseryman's Association Trade Conferences (10) Windbreak Establishment and Survival - CSFS Experience 1958-1959 Kroh Nursery- Loveland, Colorado (part time) 1960-1975 US Forest Service - Oregon, Colorado, South Dakota 1975-1995 Colorado State Forest Service includes: Community and Urban Forestry 25% of time Windbreak Establishment & Nursery 5% of time Insect and Disease Identification & Mngt. 20% of time Wildfire Prevention and Suppression 15% of time Forest Management Planning and Harvest 35% of time 1995 -present Greenglen Forestry Services — private consultant Colorado Forestry Association - member Secretary- Treasurer Rocky Mountain Christmas Tree Association — 7 years Colorado Tree Farm Committee- past chairman, member I.arimer County Chapter Colorado Tree Coalition - member and past board member Prepared the Appraisal Report for Crystal Lakes Land Exchange with the Roosevelt NF Wrote the Final Land Use Plan for the Snake River Basin, Arapaho NE Guest Speaker at the Sixth National Urban Forestry Conference in Minneapolis, MN Chairman of the 2004 National Free Farm Convention in Fort Collins, CO Awards Other Certificate of Merit Commendation Outstanding Performer Newsletter Media Award US Forest Service for superior performance in all phases of timber management. Colorado Free Farm Committee for leadership in the passage of IJB-1229, The Forest Agriculture Act. Colorado State Forest Service for outstanding approaches in cooperative forestry. National Arbor Day Foundation for editing the outstanding conservation newsletter for the year 1989. Conducted numerous workshops on pruning, planting. insects and diseases, Christmas tree culture, wildland fire control, windbreak design, and forest management practices. Articles published in state and national conservation publications. Organized the first and ten subsequent northern Colorado 'Free Board Conferences. Provided technical forestry assistance to twenty-two I.arimer- Weld County communities. Tree Farm Leadership Award. 4212705 Pages: 32 of 32 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County, CO �� loll! tlirlifeVINAl iIhI iiM';1'II F�Yrh�YI'� 11111 MEMORANDUM TO: Clerk to the Board DATE: June 23, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: Doc # 2016-1841 WCR 49 Corridor Project Special Warranty Deed with George A. and Eloise J. Maxey. M:\Francie\AGENDA memoskAgenda-Tiffany.doc :AdersJ-/r) vIl4-�8�[ SPECIAL WARRANTY DEED THIS DEED, made this day o 2016, between George A. Maxey and Eloise J. Maxey, whose address is 26331 Weld County oad 49, Greeley, CO 80631, of the State of Colorado, Grantors, and the County of Weld, a body corporate and politic of the State of Colorado whose address is 1150 "O" Street, Greeley, CO 80631, of the County of Weld, State of Colorado, Grantees; WITNESSETH, That Grantors, for and in consideration of the sum of One Dollar & 00/100 Dollars ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A, attached hereto and by this reference incorporated herein; also known by street and number as: 26331 County Road 49, Greeley, CO 80631 (the "Property") TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances, BUT RESERVING unto Grantors all water rights appurtenant to the Property and all oil, gas, and other minerals in, on, or under the Property, together with a right of ingress and egress for the purposes of exploring, developing and producing the same ; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantors, for Grantors and Grantors' heirs, successors, and assigns, do covenant and agree that Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors, and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantors, except taxes for the current year, and easements, restrictions, and rights -of -way of record. IN WITNESS WHEREOF, Grantors have executed this deed on the date set forth above. S „1,77/7 ! George A. Maxey STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Eloise J. Maxey. The foregoing instrument was acknowledged before me this �j day of 20 t Lf , by George A. Maxey and Eloise J. Maxey. TIFFANE V. JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154009170 MY COMMISSION N RCH 4, 2019 Notary Public My commission expires: CULUV-\ 4 019 4216711 Pages: 1 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII ter. IIVAIthI'I i0dIKIV3ICt IAWi III III aotca- I by► EXHIBIT -A RIGHT-OF-WAY TWO PARCELS OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED OF FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1317140 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 A DISTANCE OF 267.67 FEET; THENCE DEPARTING SAID LINE SOUTH 89'33'44" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 69'01'55" WEST ALONG THE NORTH LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY A DISTANCE OF 83.69 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 404.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'28'14" AND WHOSE CHORD BEARS NORTH 01'33'56" EAST A DISTANCE OF 404.73 FEET; THENCE NORTH 0218'02" EAST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 598.90 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS NORTH 00'55'53" EAST A DISTANCE OF 598.84 FEET; THENCE NORTH 00'26'16" WEST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 592.62 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,530.00 FEET, CENTRAL ANGLE IS 02'42'36" AND WHOSE CHORD BEARS NORTH 01'47'34" WEST A DISTANCE OF 592.57 FEET; THENCE NORTH 03'08'52" WEST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 357.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,770.00 FEET, CENTRAL ANGLE IS 01'17'57" AND WHOSE CHORD BEARS NORTH 0229'53" WEST TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 357.61 FEET; THENCE NORTH 89'48'24" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 77.17 FEET; THENCE SOUTH 00'26'16" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 2366.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 132,710.81 sf. OR 3.05 ac. MORE OR LESS. AND RIGHT OF WAY ACQUISITION GEORGE & ELOISE MAXEY WCR 49 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE: 1"=400 4216711 Pages: 2 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell Il tirK MINA 11111 DATE: 12-23-14 BY: JHB SHEET: I 613 EXHIBIT -A RIGHT-OF-WAY CONT. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 24 AS BEARING NORTH OO'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'39'23" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 24 TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'39'23" WEST A DISTANCE OF 142.48 FEET; THENCE NORTH 69'O2'46" EAST TO A POINT ON SAID EXISTING RIGHT-OF-WAY LINE A DISTANCE OF 152.13 FEET; THENCE SOUTH OO'26'16" EAST ALONG SAID LINE A DISTANCE OF 53.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,815.02 sf. OR 0.09 ac. MORE OR LESS. FOR A COMBINED TOTAL OF 136,525.83 sf. OR 3.14 ac. MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL(S) CONTAINING 1.67 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4216711 Pages: 3 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIl��l�i�1«�I'�Cl�lti��.Pi�rl��'h'14k'��rh till RIGHT OF WAY ACQUISITION RW-47 GEORGE & ELOISE MAXEY WCR 49 WELD COUNTY. COLORADO C LINTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE: 1 "=400 DATE: 12-23-14 BY: JHB SHEET: 2 of 3 EXHIBIT -A NE 1/4 S24-T5N-R65W SANDIN FARMS E 1/4 COR S24-T5N-R65W; 2 1/2" A.C. STAMPED ALLES;: LS#9644 2001 IN MON. BOX, NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. LINE TABLE LINE BEARING DISTANCE L1 S89'39'23"W 142.48' L2 N69'02'46"E 152.13' L3 SO0'26'16"E 53.55' L4 NO0'26' 16"W 267.67' L5 S89'33'44"W 30.00' L6 S69'01'55"W 83.69' L7 NO2'18'02"E 207.50' L8 NO0'26'16"W 18.51' L9 NO3'08'52"W 217.87' L10 N89'48'24"E 77.17' SE 1/4 S24-T5N-R65W ADDITIONAL RIGHT—OF—WAY ACQUIRED 132,710.81 sf.± OR 3.05 ac.± ADDITIONAL RIGHT—OF—WAY ACQUIRED (SEE DETAIL) 3,815.02 sf.± OR 0.09 ac.± ADDITIONAL RIGHT—OF—WAY ACQUIRED COMBINED TOTAL OF 136,525.83 sf.± OR 3.14 ac.± GEORGE & ELOISE MAXEY PARC.#096124000023 RECP. # 1317140 CURVE TABLE C# LEN RADIUS DELTA CHD CHD BRG C1 404.74' 15770.00' 01'28'14" 404.73' NO1'33'56"E C2 598.90' 12530.00' 02'44'19" 598.84' NO0'55'53"E C3 592.62' 12530.00' 02'42'36" 592.57' N01'47'34"W C4 357.61' 15770.00' 01'17'57" 357.61' NO2'29'53"W S 1/4 COR. S24—T5N—R65W - - .S4-..-. -. co cD to N N00'26'16"W P.O.C. P.O.B. SE COR S24-T5N-R65W 2 1/2" A.C. STAMPED LS#34980 2008 IN MON. BOX �R S89'39'27"W 2660.15' SEE DETAIL U ' 7d NW 1/4 S19-T5N-R64W KLEIN SW 1/4 N S19-T5N-R64W 4 9 re) ? co a' N i m to � 0 �N N — bc.:12 J. MAXEY b EXISTING WCR 49 30' RIGHT—OF—WAY BK.86/PG.273 OCT. 12, 1889 ADDITIONAL RIGHT—OF—WAY ACQUIRED 3,815.02 sf.± OR 0.09 ac.± P.O.B. S89'39'23"W-/ 30.00' , - DETAIL -NTS- APPARENT 30' RIGHT—OF—WAY 1 K. MAXEY 5 MILLER P S 1/4 COR. S19-T5N-R64W E$tSTINC_ RONL=NO_ACCESS... N89'49-7173 'E 2581.56' M & J DAIRY RIGHT OF WAY ACQUISITION GEORGE & ELOISE MAXEY WCR 49 _GOU-1T-z WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 54 & US HWY 34 PROJECT NO: SRP-26 SCALE: 1"=400 4216711 Pages: 4 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 N rIOrkVili y 11111 DATE: 12-23-14 BY: JHB SHEET: 3 of 3 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 7�/� day of ATTEST: 'd°.`k CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: Deputy Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2010. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Mike Freeman, Chair BOARD OF COUNTY JUN 2 7 2016 COMMISSIONER OF THE COUNTY OF WELD errif The foregoing instrument was acknowledged before me this / day of , 20140 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THJ COUNTY OF WELD. Witness my hand and official seal. ota My commission expires: /D / 9 //t 4216711 Pages: 5 of 5 07/06/2016 12:36 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II KIVNI SIVA 4KE LILT WAYI P 1i h iI II I CHERYL L r N HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 Hello