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Home My WebLink About20161516.tiff RESOLUTION RE : APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - SHELTON LAND AND CATTLE , LTD. 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 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 Shelton Land and Cattle . Ltd . . P . O . Box 65 , Roggen , Colorado 80652 , 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 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 Shelton Land and Cattle , Ltd . , be . and hereby is , approved . BE IT FURTHER RESOLVED by the Board that the Chair be . and hereby is . authorized to sign any necessary documents . et. Pwer3 ) 2016- 1516 EO0073 RE : AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - SHELTON LAND AND CATTLE . LTD . PAGE 2 The above and foregoing Resolution was . on motion duly made and seconded . adopted by the following vote on the 2nd day of May. A. D . . 2016 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: thL v , X/40;4 Ilede Mike Freeman , Chair Weld County Clerk to t e Board L ' / Sean P. Conway, Pro-Tern BY : Dep y Clerk to the Board ' LUO( Juli . Cozad APP D AS : ,K` r rb a Kirkmeyer • un y A ttorney ED S = ' oreno Date of signature : i l.Q �j . :� � - s 2016- 1516 EO0073 18616 MEMORANDUM TO: Clerk to the Board DATE: 4/28/2016 -aria— C O U--N- --�- FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item • RE: WCR 49 Corridor Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Shelton Land and Cattle, LTD. M:\Francie\AGENDA memos\Agenda-Tiff-1.doc 2016-1516 tEPO7L3 • AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 , BETWEEN S I I ELTON LAND AND CATTLE, LTD., A COLORADO CORPORATION AND WELD COUNTY, COLORADO rh THIS AGREEMENT is made this Q4 day of kr•. I , 2014_, by and between SHELTON LAND AND CATTLE, LTD., A COLORADO CORPORATION, whose address is P.O. Box 65, Roggen, Colorado, 80652, hereinafter 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 real property described in the attached Exhibit "A" ( hereinafter referred to as "Public Road Right-of-Way"), and WHEREAS, Owner owns 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 involve said road's realignment and construction, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "project"), and WHEREAS, County requires said 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 in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project. NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: I . Owner agrees to sell 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 Six Thousand Three Hundred no/ 100 Dollars, ($6,300.00. The parties acknowledge and agree that said purchase price represents full. fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "C" (a copy of which is attached hereto Agmt for Purchase of ROW and Temp Easement Page I 4200751 Pages : 1 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO lIII ��1��I�R IVlC:Vidµa U fL'rM, ai o2a/ /.5/ 4 and made a part hereof by this reference), for the sum of One Thousand Two Hundred Sixty Two no/100 Dollars, ($ 1 ,260.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. e5 N 1 'V11f Apr; I 3 . If this agreement is executed and returned to our office on or before-March 27, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they the owners of the Public Road Right-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County. and that this Agreement shall serve as complete evidence of the terms contained herein as to Owner's Grant of the Temporary Construction Easement. 8. This Temporary Construction Easement shall commence on the day of closing, and shall expire and be of no further force or effect on May 1 , 20 19, upon the completion of the Road Improvement Project, whichever is earlier. 9. Owner shall not, during the term of this 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: this Temporary Construction Easement includes all rights and • privileges as are necessary or incidental to County's reasonable and proper use of said easement. 10. Owner shall retain the mineral estate under the Public Road Public Road Right-of-Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached or associated ' ith the Public Right-of-Way and Temporary Construction Easement. 11 . Owner shall deliver the fully executed Deed of Dedication 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. 12. Owner shall pay any encumbrance associated with the Public Road Right-of-Way 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 (honer Agmt for Purchase of ROW and Temp Easement Pagc2 4200751 Pages : 2 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO IJ VA'I !Pe r II ` 1 delivers the Deed of Dedication 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 Public Road Right-of-Way and/or Temporary Construction Easement. 13. Owner agrees to salvage all equipment, materials, structures located within the area described in Exhibit A and Exhibit 13 by June 30, 2016 or County may remove said items. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1 . County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and/or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and/or Warranty Deed. 3. County shall pay Nine Thousand Eight Hundred Twenty Eight and no/ 100 Dollars ($9,828.00) to the Owner for the Public Road Right-of-Way and Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before April 27, 2016. If the agreement is not signed and returned on or before April 27, 2016 the County shall maintain its current offer of Fair Market Value of Seven Thousand Five Hundred Sixty and no/100 Dollars ($7,560.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County Warrant(s) at the date of closing. 4. County shall at closing pay the amount of Forty Four Thousand Five Hundred Dollars ($44,500.00) for the reconfiguration of the pivot irrigation system, the "lost" acreage of irrigated crop land and to re-establish native grass. 5. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. 6. 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, except that no fence that would interfere with the existing irrigation pivot in the vicinity of the temporary construction easement shall be installed. 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. The Owner shall be responsible for the subsequent maintenance of said fence. MISCELLANEOUS: I . Although the date of the transfers of the Public Right-of-Way and Temporary Easement shall be the date of the closing, it is expressly agreed by the parties hereto that upon Agent for Purchase of ROW and Temp Easement Page 3 4200751 Pages : 3 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes : Clerk and Recorder . Weld County , CO 1111 MIA?: Mt'F ! M! I i ICJ, Ill II I execution of this Agreement by County and Owner, County, its contractors, agents. employees and all others deemed necessary by County. shall have the irrevocable right to possess and use said Public Road Right-of-Way and the Temporary Construction Easement for the purposes of constructing the Road Improvement Project, and for its daily operation. access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation. access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right- ofWay and Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right-of-Way and 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. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. 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- I01 et seq., as applicable now or hereafter amended. 5. 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. 6. 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. 7. 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. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agent for Purchase of ROW and Temp Easement Page 4 4200751 Pages : 4 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes Clerk and Recorder . Weld County : CO 1111 �!!��lU"�"� L'M(' I'��,�l� .�i. � 11111 . 1 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: SHELTON LAND AND CATTLE, LTD., A COLORADO CORPORATION By:: QW"\klteN Title: President Ronald E. Shelton Date: ke et 1 a 4 % ZD I b d . j�o%cx. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld • my Clerk to the :=y0■.�,,, WELD COUNTY, COLORADO BY: 11. tiJt1$V inaless Deputy C 1 rk to t i • o .`4' :;;;; `, Mike Freeman, Chair MAY 0 2 2016 361 gill iiiu ' al . APP.ROV 'D AS TO F `'\% jSi ' ' APPROVEDAST �e190Sta ( Controller El c' I or Department Head APPROVED AS TO FORM : l4 Director of deneral Services St.dneCounty Attorney �" I Agmt for Purchase of ROW and Temp Easement Page 4200751 Pages : 5 of 9 �D /� 05/04/2016 11 : 04 AM R Fee : $0 . 00 C� Carly Koppes Clerk and Recorder . Weld County , CO 11111 RICEIVL,A'"1 ADO!. WAWA"1'i')tI i'I4Ull ), 11111 EXHIBIT-A S1 -T3N-R65W RIGHT- OF- WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1 , TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3102763 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30.00 FEET OF THE EAST 70.00 FEET. SAID PARCEL CONTAINS 78,311 .46 sf.± OR 1 .80 ac. MORE OR LESS. TOGETHER WITH EXISTING RIGHT—OF—WAY ON WELD COUNTY ROAD 49 AND WELD COUNTY ROAD 36 CONTAINING 2.4 ac. ±. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 4200751 Pages : 6 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County . CO REVISED WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION CW'50 Tr �, \ WCR 49 CORRIDOR PROJECT II BETWEEN WCR(s) 36 & 38 taiSHELTON � r _ T Y J PROJECT NO: SRP-26 SCALE: Z WELD COUNTY, COLORADO cc U N- lDATE: 9-30- 15 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT-1`1 S1 -T3N-R65W S89'31 '45"E- 30.00' N89'31 '45"W It - - - • - • • - • - -It- • - • E 1 /4 CORNER S1 -T3N-R65W i 2 )i" A.C. STAMPED • LS#12374 1995 4,4 I OSTER 30' 2 ( I LOT-B/RE- 1739 0 .-I-- EXISTING 4O' 30' ADDITIONAL RIGHT—OF—WAY ♦ 0 I RIGHT-OF-WAY 78,311 .46 sf.± OR 1 .80 ac.± (. : RECP.#819303 6-7-1939 r - - — -- FE. ± ir I ' EXISTING 40' SW 1/4 IRIGHT-OF-WAY 56-13N-R64W SHELTON LAND RECP.#823960 8-10-1939 & CATTLE, LTD a PARC . # 121301000009 'o)I I ' RECP. # 3102763 kid _� 'UIMI o O '� N N / NI W Z 1 • o 0 ' SHARBONDA o o I LOT-A RE- 255 ' SE 1/4 N / S1-T3N-R6SW o Z 2\1/41/4. EXISTING ROW 2.4 ac.± I UN—MAINTAINED 60' RIGHT—OF—WAY BK.48/PG.139 ZVI 5-13-1895 y NOTE: THIS EXHIBIT MAP DOES NOT SE CORNER REPRESENT A MONUMENTED LAND r' S1 -T3N-R65W 60' RIGHT-OF-WAY SURVEY OR LAND SURVEY PLAT. IT N89'50'28"W i ' 3 Y4" A.C. STAMPED BK.48/PG.139 IS INTENDED TO ILLUSTRATE THE 30.00' LS#25320 2001 5-13-1895 ATTACHED PROPERTY DESCRIPTION ONLY. _ 1UN-MAINTAINED WCR 36 N 89'50'28"W . REVISED WELD COUNTY DEPARTMENT 441/4 RIGHT-OF-WAY 1861 OF PUBLIC WORKS ACQUISITION CW-?) l' ) WCR 49 CORRIDOR PROJECT �/ 1�` BETWEEN WCR(s) 36 & 38 SHELTON rim; J PROJECT NO: SRP-26 SCALE: I"=200 ' WELD COUNTY. COLORADO vl- v p N T Y IDATE: 9-30- 15 DRAWN BY: JHB SHEET: 2 oft 4200751 Pages : 7 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder . Weld County , CO ■III W!rjtrilNil VIII: 1 iYi 1 b iM11 I klin Rh iv'aid Ill II EXHIBIT- C S1 -T3N-R65W TEMPORARY EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1 , TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3102763 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20.00 FEET OF THE EAST 90.00 FEET. SAID PARCEL CONTAINS 52,210.31 sf.± OR 1 .20 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. LEON W. SIEVERS PLS 23520 4200751 Pages : 8 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO VIII FMY:II !tit Ali BIM REVISED , WELD COUNTY DEPARTMENT TEMPORARY EASEMENT OF PUBLIC WORKS ACQUISITION WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 36 & 38 SHELTON CTE-5C) tAt r PROJECT NO: SRP-26 SCALE: WELD COUNTY. COLORADO - r O U NT �,- - T 1 DATE: 9-30-15 DRAWN BY: JHB SHEET: 1 of 2 EXHIB I T - C S1 -T3N-R65W S89'31 '45"E I 20.00' N89'31 '45"W -E - _ . . _ . . . . _ . . _ . . _FE- - - '4i E 1 /4 CORNER S1 -T3N-R65W I 2 7)" A.C. STAMPED I LS#12374 1995 . II 20' TEMPORARY EASEMENT : i 52,210.31 sf.t OR 1 .20 ac.t I ' OSTER • LOT—B/RE- 1739 III I 20' I I •— EXISTING 40' 3 RIGHT—OF—WAY o : I RECP.#819303 re - I 6-7-1939 I I III FEt Q � . SHELTON LAND 614,-f-1-EXISTING 40' SW 1/4 RIGHT-OF-WAY S6 T3N R64W & CATTLE, LTD <� I RECP.#823960 PARC . # 121301000009 121301000009 r - I• 8-10-1939 I RECP. # 3102763 3102763 ICI (p. Imo-: N I t le IO; oI 0 : oI o INO ' N up N I O W I I I I 0 o Ii ' SHARB0NDA N o LOT-A/RE- 2551 N I I _OT-A RE- 255 SE 1 4 I / o o I I S1-T3N-R65W o Z cin I I 1 III I I I ' ' I I I UN-MAINTAINED 60' RIGHT-OF-WAY I BK.48/PG.139 5-13-1895 I i tSE CORNER UN-MAINTAINED NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND i I S1 -T3N-R65W 60' RIGHT-OF-WAY SURVEY OR LAND SURVEY PLAT. IT N89'5O'28"W ' ' 3 Y4' A.C. STAMPED BK.48/PG.139 IS INTENDED TO ILLUSTRATE THE 20.00' i L I S#25320 2001 5-13-1895 ATTACHED PROPERTY DESCRIPTION ONLY. 1 I N89'50'281'0/ .. - - - - REVISED WELD COUNTY DEPARTMENT TEMPORARY EASEMENT '� 1�� .e OF PUBLIC WORKS ACQUISITION (' WCR 49 CORRIDOR PROJECT Mani BETWEEN WCR(s) 36 & 38 TE-50 SHELTON 1Y,,��L r PROJECT NO: SRP-26 SCALE: I"=200 WELD COUNTY, COLORADO DATE: 9-30- 15 DRAWN BY: MB SHEET: 2 of 2 4200751 Pages : 9 of 9 05/04/2016 11 : 04 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO 1111 k1rjPJVltli{4 k'Vk ii' llr E itiVilaill Niiiiiikii 11111 MEMORANDUM TO: Clerk to the Board DATE: 5/13/2016 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item • RE: Doc #2016-1516 WCR 49 Project Deed of Dedication for Public Road Easement with Shelton Land and Cattle, LTD. RECEIVED MAY 16 2016 WELD COUNTY COMMISSIONERS M\Francie\AGEND A memos\Agenda-W arrantyDeed.doc e&e, Y°q)C-rJ// ) vv&sw.it v\s94•Ac)--- 0?c/6- 15-76, _ f-- i6' goo73 DEED OF DEDICATION FOR PUBLIC ROAD EASEMENT THIS DEED OF DEDICATION FOR PUBLIC ROAD EASEMENT, made this S}&day of May , 2016, between SHELTON LAND AND CATTLE, LTD., A COLORADO CORPORATION, "Grantor" whose legal address is whose address is P.O. Box 65, Roggen, Colorado 80652, and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1 150 g g "O" Street, Greeley, Colorado 80631 : WITNESSETH: That Grantor, for and inconsideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201 ( 1 )(a), hereby bargain, sell, dedicate and convey unto Grantee an easement (and not in fee) for use as a Public Road Right- of-Way, free and clear of all liens and encumbrances, over and across that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit "A" SUBJECT TO matters of record, and RESERVING unto Grantors fee title to said property, subject to this easement, including the mineral estate appurtenant to said property, and including oil, gas and any and all water rights currently appurtenant to, attached to or associated with said property, except as required to sustain the integrity of the Public Highway easement. GRANTOR: SHELTON LAND AND CATTLE, LTD., A COLORADO CORPORATION. By: Qca& c Title: kv25 4ceY\ E STATE OF COLORADO ) ) ss. COUNTY OF Lk) C 4 O� ) The foregoing instrument was acknowledged_before me this 5 day of 1v L , 2016, by IUD► ck t d t' 4161l as wc4lda4f- of, SH .LTON LAND AND CATTLE, LTD.. A COLORADO CORPORATION, Grantor. Witness my hand and official seal. 5) 410.01 TIFFANE V. JOHNSONMy commission expires: STATE NOTARY COLORADO NOTARY ID 20154009170 ,/,Lbpocp v994_44-ryMY COMMISSION EXPIRES MARCH 4, 2019 Notary Public 4206366 Pages : 1 of 4 05/25/2016 11 : 36 AM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder . Weld County . CO ■III Prakil OW: Mk', Bill c o /cos 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 07,1 '9 day of , 2016. ATTEST: Waddegt) S bidaf i COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD gilik "IS Ey% 0P- a\ As- BY: . A, a t , Ar/t_ to. ` foi BY: - Deputy Cr to the B • tcl k 45. :al Oa Mike Freeman, Chair '44' x` ` �I BOARD OF COUNTY ssirf ~- MAY 2 3 2016 COMMISSIONER `% 11 . \e OF THE COUNTY OF WELD -sr pas r STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me this o2eieD day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE C TY OF WELD. Witness my hand and official seal. Notary Pub c My commission expires: 1O2,prit, CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4206366 Pages : 2 of 4 05/25/2016 11 : 36 AM R Fee : $0 . 00 Carly Koppes Clerk and Recorder Weld County . CO �D /_ � AC/ et" 1111 M��JL'I7 Iet 14'1.«,1', ��w h' �� I'�'�1 I�r+ diiii�� Bill & / EXHIBIT - C1 S1 -T3N-R65W RIGHT- OF- WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1 , TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3102763 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30.00 FEET OF THE EAST 70.00 FEET. SAID PARCEL CONTAINS 78,311 .46 sf.± OR 1 .80 cc. MORE OR LESS. TOGETHER WITH EXISTING RIGHT—OF—WAY ON WELD COUNTY ROAD 49 AND WELD COUNTY ROAD 36 CONTAINING 2.4 ac. ±. I THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 REVISED WELD COUNTY DEPARTMENT RIGHT-OF-WAY 1861 ItirrtOF PUBLIC WORKS ACQUISITION RVv -5O r WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 36 & 38 SHELTON PROJECT NO: SRP-26 SCALE: WELD COUNTY, COLORADO h C O U N T Y Tlil DATE: 9-30- 15 DRAWN BY: JHB SHEET: 1 of 2 4206366 Pages : 3 of 4 05/25/2016 11 : 36 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder . Weld County CO ■III PAO Of OM 1•0.1.ihre41:1Y Were, II III EXHTBIT- AS1 -T3N-R65W S89'31 '45'1E-1 45"E 11 N89'31 '45"W _ e_ - 30.00' f - - - E 1 /4 CORNER S1 -T3N-R65W 2 Ji" A.C. STAMPED i LS#12374 1995 ✓ � I i OSTER 30' / i LOT-B/RE- 1739 all 0 •-- EXISTING 40' 30' ADDITIONAL RIGHT—OF—WAY - • I RIGHT-OF-WAY 78,311 .46 sf.± OR 1 .80 ac.± 10 1 RECP.#819303 6-7-1939 1 ,4 I IE ± V,,,/4 ' EXISTING 40' SW 1/4 RIGHT-OF-WAY S6-T3N-R64W SHELTON LAND ' 8-10-1939RECP.#823960 & CATTLE, LTD • o 7 PARC . # 121301000009 121301000009 = iii t RECP. # 3102763 k' ' b le IU) I � O O N N 17/1C7DI ZIV w 3 i 0 0 SHARBONDA b N SE 1/4 /I LOT- A RE- 2551 S1-T3N-R65W 0 0 EXISTING ROW 2.4 ac.± NNiti Y UN—MAINTAINED 60' RIGHT—OF—WAY BK.48/PG.139 2 4 5-13-1895 NOTE: THIS EXHIBIT MAP DOES NOT I SE CORNER17-UN-MAINTAINED REPRESENT A MONUMENTED LAND r I S1 -T3N-R65W 60' RIGHT-OF-WAY SURVEY OR LAND SURVEY PLAT. IT N89'50'28"W I 3 Y4' A.C. STAMPED BK.48/PG.139 IS INTENDED TO ILLUSTRATE THE 30.00' LS#25320 2001 5- 13-1895 ATTACHED PROPERTY DESCRIPTION ONLY. _ _ a . ... _ N89'5O'28"W _ - - --- . _ •- ___�, REVISED WELD COUNTY DEPARTMENT RIGHT-OF-WAY . 1861 _ OF PUBLIC WORKS ACQUISITION R‘1/2 - () 1 l' WCR 49 CORRIDOR PROJECT - BETWEEN WCR(s) 36 & 38 SHELTON IA r 2 PROJECT NO: SRP-26 SCALE: 1"=2001 WELD COUNTY, COLORADO I \ DATE: 9-30-15 DRAWN BY: JHB SHEET: 2 of 2 4206366 Pages : 4 of 4 05/25/2016 11 : 36 AM R Fee : $0 . 00 Carly Koppes Clerk and Recorder . Weld County . CO VIII frF1L ' kkil ICIf : Li."40,1 AV !VII Fill+k, ' lily), Ill Hello