The URL can be used to link to this page

Browse Search

Home My WebLink About20160172.tiff RESOLUTION 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 - HOLLY BODA-SUTTON AND WILLIAM SUTTON 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 was 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 Holly Boda-Sutton and William Sutton, 946 Stannard Avenue, Indiana, PA 15701, 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 Holly Boda-Sutton and William Sutton, 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. CC� Q►��S��G�T5��3 2016-0172 � EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HOLLY BODA-SUTTON AND WILLIAM SUTTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: `�-�'�d��L`1/ � �to:�. EXCUSED Mike Freeman, Chair Weld County Clerk to the Board �---� � � Sean P. Conway, Pro-Tem BY: !L De ty Clerk to the Board �� ie . C zad � APP D AS M: �� Kirkmey ounty Attorney �� eve Moreno Date of signature: � a� �o 2016-0172 EG0073 � 18�1� �. MEMORANDUM `"""" y ' TO: Clerk to the Board DATE: 1/6/2016 1 ...GOUNTY FROM: Leon Sievers/Tiffane Johnson RECEI�/E� Public Works Department JAN O 1 2016 SUBJECT: Agenda Item �yELD COUNTY C�OMMISSIONf RS Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement, and Temporaxy Construction Easement for Certain Improvements to WCR 49 with Holly R. Boda-Sutton and William C. Sutton. � M:�FrancieWGENDA memosWgenda-Leon-l.doc 2016-0172 ��3 �a�A'� 3 � , AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN HOLLY R. BODA-SUTTON AND WILLIAM C. SUTTON AND WELD COUNTY, COLORADO T� THIS AGREEMENT is made this �day o , 201�O, by and between HOLLY R. BODA-SUTTON AND WILLIAM C. SUTT , whose address is 946 Stannard Avenue, Indiana, PA 15701, 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 refened to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the"Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Permanent Easement, in order to accommodate the relocation of existing permanent facilities, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit"A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Nine Hundred Six 4173469 Pages: 1 of 13 �1/ � �� '� 01/18/2016 02:24 PM R Fee:$0.00 �� Carly Koppes, Clerk and Recorder, Weld County, CO ��l��.��1��u��h��i��y��K�kl��Karr�,«��Y4�� , Page 2 of 5 Dollars, ($906.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Dollars,($500.00).The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before November 19, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Permanent Easement and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant the Permanent Easement, in the form attached hereto as Exhibit "D", free and clear of all liens and encumbrances, except existing easements. 8. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 9. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January l, 2019, or upon the completion of the Project, whichever is earlier. 10. Owner shall not,during the term of the Temporary Construction Easement,erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full enjoyrnent of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also 4173469 Pages: 2 of 13 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO els\(12)Sutton\CompromiseAgreement-Sutton-11-4-15.docx �iii��r��n��r,��r�:��+��:K�� i ii i I , . Page 3 of 5 retain any water rights currently attached to or associated with the Public Right-of- Way, Permanent Easement and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including,but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way, Permanent Easements and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and/ or the Warranty Deed. 3. County shall pay Two Thousand Two Hundred Eighteen Dollars ($2,218.00)to the Owner for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before November 19, 2015. If the agreement is not signed and returned on or before November 19,2015,the County shall maintain its current offer of Fair Market Value of One Thousand Seven Hundred Sia� Dollars ($1,706.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement / permanent easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The Owner shall be 4173469 Pages: 3 of 13 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, clerk and rtecorder, We1d county, co ;ls\(12)Sutton\CompromiseAgreement-Sutton-11-4-15.docx ■III l��.�lL�µu,�i��I��;w��M ti 1�k��1��,��wkti Y4�� I II I �_ Page 4 of 5 responsible for the subsequent maintenance of said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent Easement and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Ageement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4173469 Pages: 4 of 13 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III I��.rILY��ui'�Ml�h�i��:iF?�fjh��Y,��,t�l��kl��th �I III ' Z:\WELDCNTl'�C40#18�PHASE II\WSLS Parcels\(12)Sutton\Compromise Agreement-Sutton-11-4-15.docx L . . � F'uge 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: HOLLY R. BODA-SUTTON AND WILLIAP�Z C. SUTTON �.�..,, �� . � � Holly R. B -Sutton William C. iton Date: 1�/lZ/ J �" ATTEST: �„�J � .aC,LLo��iC, BOARD OF COUNTY COMMISSIONERS Weld nty Clerk to the B ard WELD COUNTY, CO[,ORADO BY: �_-�-,.,�j �_ Deputy Cl k to the Bo �� Sean P. Conway, Pro-Tem JA 13 201� APPROVED AS TO FUN � � PPROVED AS TO BS?AN.CE: �' � . , � � -� i Controller Elec �ci r Department Head APPROVED AS TO FORM: '- �I�" � Director of General Services i � County Attorney ��— "L:�.WELDCNTYIC4O#18\PHASE 11\WSLS Parcels\(12)Sutton�Com romise A eement-Sutton-I I-4-i5.docx P Sr 4173469 Pages: 5 of 13 01/18/2016 02:24 PM R Fee:$0.00 ,III�f'��e�Ri��1iT717Y�Ili�tiRli,�iR��Y111Y�lili��i�fl ,l III pC�U�� i� EXHIBIT-A 12-SUTTON-ROW PR0PERTY DESCRIP11ON A parcel of lond being port of the South Half of the North Half of the Southwest Quarter (S1/2 N1/2 SWt/4) of Section Etghteen (18), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particulariy described as follows: C0MMENCING at the West Quarter (W1/4) comer of said Section 18 and assuming the West Ilne of the Southwest Quorter (SWt/4) of said Section 18, being monumentalized by a �j6 rebar with a 3 ,Yi" diameter aluminum cap stamped `iS27269, 2004" at the North end and by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a �/6 rebar with a 2 3�i" diameter aluminum cap stamped `iS27269, 1998," as bearing South 00'32'12" East, being a Grid 8earing of the Colorado State Plane Coordinate System, North Zone, North Amarican Datum 1983, a distance of 2624.92 feet, with all other bearings contained herain relative thereta THENCE North 88'56'52" East along the North Iine of the Southwest Quarter of sald Section 18 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, Eost of and poraliel with the West line of the Southwest Quarter (SWi/4) of soid Section 18; THENCE South 00'32'12" East along said East Right—of—way line a distance of 656,26 feet to the North Iine of the South Half of the North Half of the Southwest 4uarter (S1/2 N1/2 SW1/4) of said Sectfon 18, said point being the P0INT 0F BEGINNING; THENCE North 88'59'15" East olong the North line of the 5outh Half of the North Holf of the Southwest Quarter (S1/2 N1/2 SW1/4) of said Section 18 a distance of 28.10 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; 7HENCE olong the arc of said curve which is concave to the West a diatance of 497.65 feet to a Point of Reverse Curvature (PRC), so(d curve having a radius of 19,770.00 feet, a centrol angle of 01'26'32" and a lonq chord bearing South 00'58'42" West a distance of 497.64 feet; THENCE along the arc of o curve which is concave to the Eost u distance of 159.05 feet to the South line of the South Half of the North Half of the Southwest Quarter (S1/2 N1/2 SWt/4) of satd Section 18, said curve hav(ng a radius of 19,630.00 feet, a centroi angle of 00'27'51" and a long chord bearing South 01'28'03" West o distance of 159.05 feet; THENCE South 89'01'37" West along the South line of the South Half of the North Half of the Southwest Quarter (St/2 N7/2 SW1/4) of soid Section 1B a distance of 9.39 feet to said East Right—of—way line; THENCE North 00'32'12" West along said East Right—of—way Iine a distance of fi56.26 feet to the P0INT 0F BEGINNING. Said parcel of land contains 13,141 sq. ft. or 0.302 acre, more or less (t), and may be subJect to any rights—of—woy or other easements of record or os now existing on sald described parcel of lond. T0GETHER WITH EXISTING RIGHT-0E-WAY 0F WELD C0UNTY R0AD N0. 49, BEING M0RE PARIICULARLY DESCRIBED AS F0LL0WS: The West Forty (40) feet of the South Haif of the North Half of the Southwest Quarter (S1/2 Nt/2 SWt/4) of safd Section 18. Said existing Right—of—way contoins 26,250 sq. ft. or 0.603 acre, more or tess (f), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—woy. p,O� ��F .• •• F . C��Q- %: �: � -� i� 38106 v; o • 4173469 Pages: 6 of 13 O;3.�.'�'�� 01/18/2016 02:24 PM R Fee:$0.00 • Q ��K1�.�I�Viti��'�{��L��M��W�'��h��t��'+��4�� S ' J I� ' ' � � � � � .. . i .. .... Michael Chad Difka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS Rw-i2 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SUTTON WCR 49 KING SURVEl'ORS PR0JECT N0: SRP-26 SCALE:N/A WELD COtJNTY COLORADO GSOE.Garden Drice � �e;�,a:��,coiona�sos�o � phune:(910)G86-�Ull � ema��i��[��gS��e�-oes.com DATE: 3-12-15 DRAWN BY: CDL SHEET: 1 of2 EXHIBIT-A POINT OF COMMENCEMENT L1 W 1/4 S18-T2N-R64W � FND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 27269 2004 IN MON. BOX ct°v� vt°i� W( DONALD& �. �i SUSAN Z - BRATRSOVSKY rN I m �I SCOTT&VICKI � �L2 KINNISON o ; ; - - ' ' — . . — . . — � SE 1/4 N ' S13-T2N-R65W Q m v � � -_. ADDITIONAL RIGHT—OF—WAY ,� �9' 13,141sf.t OR 0.302ac.t N � .. (O NOTICE N According to Colorado law you must commence W �a any legol actton based upon ony defect in this N k� aurvey within three years after you ftrst diacover � auch detect. In no event may any oction baeed rN 40' EXIST)NG RIGHT—OF—WAY upon any defect tn this survey be commenced • � (BOOK 1055 PAGE 192) moro than ten years irom the dote of the � certiflcotfon ahown hereon. (13-80-105 C.R.S. � 20�2> HOLLY R. , � NOTE: Thia exhibit drowing is not intended to be - BODA-SUTTON& o monumentalized tand aurvey. It's so�a purpose N WILLIAM C. SUTTON ia os a graphic representotion to oid in the ip viaualization of the written property deacription � p�C.#13051800003 which it occompanfea. The written property deacription supersedea the exhibit drowing. �C.#4051375 3 t � SW 1/4 LINE TABLE M sls-T2rv-R64w o ; 0 LINE BEARING LENGTH Z E.JEAN L1 N88'56'52"E 40.00' SWARTZ N U L2 N88'59'15"E 28.10' L3 S89'01'37"W 9.39' . � � 10EL D. & I L3 GLORIA KUGLER CURVE TABLE � CALCULATED POS110N � SW COR S18-T2N-R64W CURVE LENGTH RADIUS DELTA CHORD CH BEARING SW COR S18-T2N-R64W C1 497.65' 19770.00' 1'26'32" 497.64' S00'58'42"W FND #6 REBAR WITH 2.5" ALUMINUM CAP C2 159.05' 19630.00' 0'27'51" 159.05' S01'28'03"W STAMPED LS 27269 1998 WITNESS CORNER RIGHT OF Vt�AY WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS Rw-i2 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SUTTON v._.� �_.___.______ �� T •�^ SRP-26 SCALE:1"=150' WCR 49 4173469 Pages: 7 of 13 WELD COUNTY,CC 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, C0 �RAWN BY: CDL SHEET: 2of2 ■III 14��1�'��FJ��'+��S�h��u4��1�'�l�,�FI��Yiti�� I II I EXHIBIT-� �3 S18-T2N-R64W PERMANENT EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 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 N0. 4051375 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 18 FROM WHICH THE CALCULATED SOUTHWEST CORNER OF SAID SECTION 18 BEARS SOUTH 00'32'12" EAST, A DISTANCE OF 2624.92 FEET BY FOUND WITNESS MONUMENT DESCRIBED AS SHOWN; THENCE SOUTH 0032'12" EAST ALONG THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 18 A DISTANCE OF 655.67 FEET; THENCE DEPARTING SAID LINE NORTH 89'27'48" EAST TO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 68.10 FEET AND BEING THE POINT OF BEGINNING. THENCE ALONG SAID NORTH LINE NORTH 88'59'15" EAST A DISTANCE OF 20.00 FEET TO A NON-TANGENT POINT OF CURVE TO THE RIGHT; THENCE 498.60 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 19,790.00 FEET, CENTRAL ANGLE IS 01'26'37" AND WHOSE CHORD BEARS SOUTH 00'58'40" WEST A DISTANCE OF 498.59 FEET TO A POINT OF REVERSE CURVE (PRC) TO THE LEFT; THENCE 158.12 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 19,610.00 FEET, CENTRAL ANGLE IS 00'27'43" AND WHOSE CHORD BEARS SOUTH 01'28'07" WEST TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 158.12 FEET; THENCE SOUTH 89'01'37" WEST ALONG SAID SOUTH LINE A DISTANCE OF 20.01 FEET TO A NON-TANGENT POINT OF CURVE TO THE RIGHT; THENCE 159.05 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 19,630.00 FEET, CENTRAL ANGLE IS 00'27'51" AND WHOSE CHORD BEARS NORTH 01'28'03" EAST A DISTANCE OF 159.05 FEET TO A POINT OF REVERSE CURVE (PRC) TO THE LEFT; THENCE 497.65 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 19,770.00 FEET, CENTRAL ANGLE IS 01'26'32" AND WHOSE CHORD BEARS NORTH 00'58'42" EAST A DISTANCE OF 497.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,134 sf.f OR 0.30 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN ANO FOR WELD COUNTY, COLORADO. LEON W. SIEVERS 4173469 Pages: 8 of 13 01/18/2016 02:24 PM R Fee:$0.00 PLS 23520 ,III RI�'i��l"Y��rIY17��ri��rY5��/1'�rl��,T�hif'J�Yh ,I III PERMANENT EASEMENT � WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION pE_12 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 BODA�SUTTON PROJECT N0: SRP-26 SCALE: WELD COUNTY,COLORADO �G O U N T Y DATE: 9-21-15 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-� f3 S18—T2N—R64W P.O.C. N89'27'48"E N % OF N�OF W 1/4 CORNER i� Sw 1/a S18-T2N-R64W � � 68.10' BRATRSOVSKY S18-T2N-R64W 3 Y+' A.C. STAMPED � � � P.0.6. LS#27269 IN �� R . . - . . - . . - . . MON. BOX � - � - S� OF N� OF SW 1/4 � � S18-T2N-R64W � � WILLIAM SUTTON & � � HOLLY BODA-SUTTON � � PARC.#130518000003 � �N RECP.#4051375 Z SWARTZ � ° W � � � m I N � I 20' PERMANENT EASEMENT � 13,134 sf.t OR 0.30 ac.t U N � � N (n v � ' I I CURVE TABLE C LEN RADIUS DELTA CHD CHD BRG C1 498.60'19790.00' 01'26'37" 498.59' S00'58'40"W C2 158.12' 19610.00' 00'27'43" 158.12' S01'28'07"W C3 159.05' 19630.00' 00'27'51" 159.05' N01'28'03"E � � C4 497.65'19770.00' 01'26'32" 497.64' N00'58'42"E I I P PRC LINE TABLE SE 1/4 LINE BEARING DISTANCE S13-T2N-R65W , L1 N88'5915"E 20.00' c�i L2 S89'01'37"W 20.01' I I �, U � � EXISTING 80� 40. RIGHT-OF-WAY . - . . -R . . - . . - . . - . . R . . � L2 KUGLER I I NOTE: THIS EXHIBIT MAP DOES NOT �30� SW CORNER S18-T2N-R64W REPRESENT A MONUMENTED LAND CALCULATED 2 J�" A.C. STAMPED LS 27269 SUR T ND DLTO�ILLUSTRp,TE T�j-TjE IT POSITION �gg$ IN MON. BOX WITNESS COR. ATfACHED PROPERTY DESCRIPTION ONLY. PERMANENT EASEMENT WELD COUNTY DEPARTMENT 1�61 OF PUBLIC WORKS ACQUISITION pE_12 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 BODA�SUTTON � PROJECT N0: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO I G O U N T Y 4173469 Pages: 9 of 13 DRAWN BY: JHB SHEET: 2 of 2 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �III��l�Y�'!�"��F�h�'�:I�h I��I��i�',f�a�1k?��'Y�'r�� I II I EXHIBIT-� c. 12-SUTT0N—TCE e60PERTY DESCRIP710N A strip of land, Twenty (20) feet in width, being part of the South Half of the North Half of the Southwest Quarter (S1/2 N1/2 SWt/4) of Section Eighteen (18), Township Two North (T.2N.), Range Sixty—four West (R,64W.) of the Sixth Principal Meridian (6th P.M.), County of Weid, State of Colorado, and being more particularly described as foilows: C0MMENCING ot the West Quarter (N11/4) comer of soid Section 18 and assuming the West line of the 5outhwest Quorter (SW1/4) of said Section 18, being monumentalized by a �6 rebar with a 3 j�" diameter aluminum cap stamped `tS27269, 2004" at the North end and by a witness monument Thirty (30) feet Easteriy of the South end, said witness monument being a #6 rebor with a 2 J�" diameter oluminum cap stomped `iS27269, 1998," as beoring South 00'32'12" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE North 88'56'52" East along the North line of the Southwest Quarter of said Section 18 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, soid East Right—of—woy line being Forty (4D) feet, as measured at a right angie, East of and parallel with the West line of the Southwest Quorter (SW1/4) of said Section 18; THENCE South 0032'12" East olong said East Right—of—way line a distance of 656.26 feet to the North line of the South Half of the North Half of the Southwest Quarter (S1/2 N1/2 SW1/4) of said Section 18; 1}iENCE North 88'59'15" East olong the North Iine of the So�th Half of the North Half of the Southwest Quarter (S1/2 Nt/2 SW1/4) of said Section 18 a distance of 28.10 feet to the P0INT 0F BEGINNING; 'RiENCE conttnuing North 88'59'15" Eost along the North Iine of the South Half of the North Half of the Southwest Quarter (S1/2 Nt/2 SWt/4) of said 5ectfon 18 a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; 'THENCE along the arc of said curve whlch is concave to the West a distance of 498.60 feet to a Point of Reverse Curvature (PRC), said curve having a rodius of 19,790.00 feet, o central angle of 01'26'37" and a long chord bearing South 00'58'40" West a distance of 498.59 feet; THENCE along the arc of o curve which ts concave to the East a distance of 158.12 feet to the South line of the South Half of the North Half of the Southwest puarter (S1/2 N7/2 SW1/4) of said Section 18, said curve having a radius of 19,610.00 feet, a central ongle of 00'27'43" and a long chord bearing South 0t'28'07" West a dtstonce of 158.12 feet; THENCE South 89'01'37" West along the South line of the South Half of the North Half of the Southwest Quarter (S1/2 Nt/2 SWt/4) of safd Section 18 o distance of 20.01 feet to the beginning point of o curve, said curve being non—tangent to oforesafd line; THENCE along the arc of said curve which is concave to the East a distance of 159.05 feet to o Point of Reverse Curvature , (PRC), scid curve hoving a radius of 19,630.00 feet, a central angle of 00'27�51" and a long chord bearing North 01'28'�3" East a distance of 159.05 feet; 7HENCE along the arc of a curve which is concove to the West a distance of 497.65 feet to the P0INT �F BEGINNING, said curve hoving a rodius of 19,770.00 feet, a central angle of 01'26'32" and a long chord bearing North 00'58'42" East a distance of 497.64 feet; Said strip of land contains 13,134 sq. ft. or 0.302 acre, more or less (f), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. OO L/ � s • • H O :� ' ° . � ;� 38106 v�� 4173469 Pages: 10 of 13 O ';� � ;��J� C0a ly$Kopp e,OClerk aMd Recoeder�,0W0 d County, CO �s,'�••-. ..•.••s Q �iii r��.��E��ii��M+a�KT��i,�x�w��,��+��a�� i ii i A � Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS Te-iz WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SUTTON WCR 49 KING SURVEYORS PR0JECT N0: SRP-26 SCALE:N/A WELD C��I,rY,C�L�R/�D� GSU E.Cruden Dric•e � \C'indsoc,Colondo 80i�0 phone:(970)68G-5011 � email:in(o�;;ngSun�ryar.mm DATE: 3-12-15 DRAWN BY: CDL SHEET: 1 of 2 �____ __._. -__ _ i E�HIBIT-� C POINT OF COMMENCEMENT L1 W 1/4 S18-T2N-R64W � FND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 27269 2004 IN MON. BOX ct°v� DONALD& �� SUSAN co ( BRATRSOVSKY w _ SCOTT& VICKI �^' �i KINNISON z • r;i� POINT OF BEGINNING SE 1/4 W �( L3 513-T2N-R65W � � jL2 0 1 ' _ ' • — . . _ NOTICE (n I N According to Colorado law you must commence a any legal action based upon any defect in this m• survey within three years after you first diseover � such detect. In no event moy any actton based N , � upon a�y defect in this survey be commenced a? more than ten yeors from the dote of the N ( certification ahown hereon. (13-80-105 C.R.S. � 2012) N � 1 NOTE: Thfa exhibit drawing fs not tntended to be W HOLLY R. a monumentalfzed land aurvey. It's sole purpose � BODA-SUTTON & la as a graphic representotion to aid in the N �e�anZac�o� of the written property deacription � � .�� WILI,IAM C. SUTTON which It accompaNea. The writtan property O � deacription aupereedea the exhlbR drawtng. � �� PARC.#13051800003 ( REC.#4051375 � i U SW 1/4 LINE TABLE 40' RlGHT-OF-WAY � S18-T2N-R64W (BDOK 1055 PAGE 192) I LINE BEARING LENGTH 40' EXISANG RIGHT-OF-WAY � (BOOK 1055 PAGE 192) L1 N88'56'52"E 40.00' . � 20' TEMPORARY EASEMENT L2 N88'59'15"E 28.10' �13,134sf.f OR 0.302ac.f L3 N88'59'15"E 20.0�' � E.JEAN � c.� L4 S89'01'37"W 20.01' SWARTZ v C3 CURVE TABLE - � �4- � � JOEi °.-& � � GLORIA CURVE LENGTH RADIUS DELTA CHORD CH BEARING KUGLER C1 498.60' 19790.00' 1'26'37" 498.59` S00'58'40"W � CALCULATED POSTION SW COR S18-T2N-R64W C2 158.12' 19610.00' 0'27'43" 158.12' S01'28'07"W SW COR S18-T2N-R64W FND #6 REBAR WITH C3 159.05' 19630.00' 0'27'51" 159.05 N01'28'03"E 2.5" ALUMINUM CAP STAMPED LS 27269 1998 C4 497.65' 19770.00' 1'26'32" 497.64' N00'5$'42"E WITNESS CORNER TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS re-iz WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SUTTON v..... �_._._...__.,__._ �� ,��T .�^ ^TtP-26 SCALE:I"=150' WCR 49 4173469 Pages: 11 of 13 WELD COUNTY,COL�01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder� Weld County, CO AWN BY: CDL SHEET: 2of2 �III��1R 1��1�4'N�'�N��4�:�Y��I��P�?�'�iW�� I II I RECORDING INFORMATION ABOVE EXHIBIT D x/w# 12 GRANT OF EASEMENT Holly R. Boda-Sutton and William C. Sutton, GRANTOR (whether one or more), whose address is 946 Stannaxd Ave, Indiana, PA 15701, in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to-wit: Easement description as set forth in Exhibit"B"attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on,over,under,or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees,contractors and permitees. 4173469 Pages: 12 of 13 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �III N��1�L'1��In�l�r�'��4T Ft��M�i��k��lt"�'1K��iYti�� I II I Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. W/O# Map No.: S '/Z of the N %2 of the SW '/ of Section 18, Township 2N, Range 64W, of the 6�'P.M., County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: HOLLY R. BODA-SUTTON AND WILLIAM C. SUTTON Holly R. Boda-Sutton William C. Sutton STATE OF COLORADO ) ) COUNTY OF ) I, , a Notary Public for said County and State, do hereby certify that Holly R. Boda-Sutton and William C. Sutton personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WIT'NESS my hand and official Notarial Seal, this_day of , 20_. Notary Public My Commission Expires: 4173469 Pages: 13 of 13 01/18/2016 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �III l��'��31��I�IJ+�l,Ihtl�f��!�Y��N��9tNI�YIti�� I II I � t � 1g61 .� MEMORANDUM j .� � ' TO: Clerk to the Board DATE: 2/5/2016 � � _GOuNY� FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: Doc#2016-0172 Warranty Deed with William C. Sutton and Holly R. Boda-Sutton for improvements to WCR 49. RECEIVED FEB 0 8 ZOt6 WELD COUNTY COMMISSIONERS M:�Francie�AGENDA memosWgenda-Leon-t.doc C�-��Sl�� ar�,o� �� _ � 01(s�617�. a,� �o / � �� - ► � � -��-�.ort� ECSoo�3 WARRANTY DEED T� //� THIS DEED made this �d day of , 2Q/(P, between William C. Sutton and Holly R. Boda-Sutton, whose address is 94 tannard Avenue, Indiana, PA 15701, Grantor, and County of Weld, a body corpor e and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: nd f ne Dollar and other ood a WITNESS, that the grantor, for the sum o O , g valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A" Also known as: Vacant land. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, 4180528 Pages: 1 of 5 D�� 7 02/12l2016 12:19 PM R Fee:$0.00 D Fee:$0.00 7 D/�_ O�. Carly Koppes, Clerk and Recorder, Weld County� CO QC_ ��I��S��Ii��i�M�Y�'!��l+��k�7�'.t'K'�+IY�4�� against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. �' - � William C. Su n, Owner State of p.�v,r�,,�\v.4r:« ) —� )ss. nt of ` Cou y �.��.,4�� The foregoing instrument was acknowledged before me this �� day of .�1� q,� 20]�, by William C. Sutton. Witness my hand and official seal. ��x�.-."..r� ��\ �fl,� Notary Public My commission expires: �� ,�p\� � COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DONNA M.PELLAS,NOTARY PUBLIC INDIANA BORO.,INDIANA COUNTY MY COMMISSiON EXPIRES SEPT.6,2019 , �l � 1� - ► o�:-�- , _..-.� Holly R. oda-Sutton, Owner Stateof��n�.�,.,\va�.�4 ) � )ss. - County of ��,��4 Y�c, ) � � The foregoing instrument was acknowledged before me this 1 s-K day of [� �.i�, m -+ 20�,by Holly R. Boda-Sutton. m�� «� _� �� Witness my hand and official seal. LLo�O� �3� �� n� �.RS�� Notary Public �LL o� My commission expires: ��a�tG� COMMONWEALTH OF PENNSYLVANIA N�� AONNA MNPELLAS,NOTARY PUBLIC �{ INDIANA BORO.,INDIANA COUNTY m�Y� MY COMMISSION EXPIRES SEPT.6,2019 a'"a 7� N c>�' .-� � t0'^L— �„�d�— NNo� ��Y� m�r� ��L� �tmc"� � 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 �d r� day of � , 2016. ATTEST: C/� � �'K BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE �� STATE OF COLORADO BY t � Y: "��.�.� ep y Clerk to the Boar Mike Freeman, Chair FEB 1 0 2016 �� STATE OF COLORADO ) )ss COUNTY OF WELD ) �� The foregoing instrument was acknowledged before me this (' � day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONE S OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Publi My commission expires: �oZll9 �l� CHERYL LYNN HOPFMAN IVOTARII' P1J�LIC STA'�E O� COLOPtAe�O N0�'ARY ID 201440�48044 MY G0MMISSIQN EXPI�ES GEC. 19, 2018 4180528 Pages: 3 of 5 �O�� 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��1�a��I��'��FI��ti��M��:'fr��'�� 1�� EXHIBIT-A 12—SUTTON—ROW PROPER'fY DESCRiPT10N A parcel of lond being part of the South Half of the North Half of the Southweat Quarter (S7/2 N1/2 SWi/4) of Sectlon Elqhtean (1B), Townahip Two North (T.2N.), Range Sixty-faur Weet (R.64W.) of the Slxth Prtnctpd Martdlan (6th P.M.), County ot Weld, Stats of Colorado, and belny more partbula�ly described ae followa: C0MMENGNG at tbe Weat Quorter (VY1/4) corner of eald Secllon 1B and assuminy the Wast Ilne of the Southwest Ouarter (SW1/4) of �old 5oction 18, being monumentdlzed by o M6 rebar wlth a 3 �f^diamota aluminum cap siamped `LS27269, 2004" at the North �d and by a witness monumsnt Thirty (30) iNt East�rly of the Sauth end, said wltnat monum�nt baing o ye rebar wlth o 2 �" diometer otuminum cop stomped 'LS27289, 1998,"aa bsa�inq South 00'3Z'12"Easi, b�nq o O�id 8earing of tha Colorado Stata Plone Coardinots Syslem, North Zons, North Americon 0a4um 19A3, a dlstonc� of 1a24.92 fest, with oll other bearinys eontoined heroin relatWe iherelo: T1IENCE North 8B'58'52" Eaat alonq the North Ilne of the Southweet Quarter of eald Sectlon 18 a dlatance of 40.00 feat to the East Riqht—of—way tine of Wald County Road No. 49, said Eost Right—of—way llne being Forty (40) feet, as msawred a1 a rlght angle, Eaat of and paraYel with the West Iine of the Southwesi Quorter (SWi/4) of sold Section 18; 7HENCE 5outh 00'32'12"East along said Eaat Right—of—way Iins a diatance of 656.26 faet to !he North Ilne of the South Half ot the Norkh Half o( the Southwest Ouarter (S1/2 N1/2 SW1/4) oi said Sectbn 18, sold polnt betng the P0INT 0F BEGINNING; THENCE North 88'59'15"Eoet dong ths North Ilne of the South Half of ths North Hali of the Southwest Ouarter (S1/2 N1/2 SWt/4) of �oW Ssction 18 a dletancs of 28.10 fe�t to the begtnntng polnt o( a curve, said curve being non—tanqent to oforewW Ilna; TF�NCE along the arc of eoid curve which Is concove to th� Wost a dtotancs of 497.65 fest to o Pofnt oi Rever�� Curvature (PRC), said curve having a radlus of 19,770.00 fesi, a centrd anyle of 01'26'32"and a lonq chord beorinq South 00'S9'42" Wut o dutanee of 497.64 fset; THENCE alonq ths aro of a curve whlch Is concave io the Eost o dletance of 159.05 feet to the South Ilne of ths South Half of the North Hdt of tha Southw�at Quorter (S1/2 N1/2 SNfI/4) of aald SactFon 18. soid curve huvM►q o ►adlua of 19,830.00 fN� o anVal an�� of 0037'51" ond o long d�ord baaring South 01'28'03"Wast a distance of 156.05 fset; 7NENCE South �'0t'3�"W�st alonq the South IMe of ths South Holf oi th� NortN HoM of the SoulF►west Quorter (S1/2 N1/2 SW1/4) of aaid Sactlon 1B o dlatanee oi 9.39 feet to aald Eost R{ght—of—woy Ilne; 7HENCE North 00'32'12"We�t alonp said Eaet Right—of—way Ilne a dlatance of 858.28 feet to the P0INT 0F BEGINNING. Sdd parcel of lond containe 13,141 aq, it. or 0.302 acre, more or less (t), ond moy be subJsct to any rlghts—oi—way or other �osan�nts oi r�eord w a� now ex�ating on sald described porcei of lond. T0GETHER WITH EXISTING RIGHT-0E-WAY 0F WfLD C0UNTY R0AD NO. 49, BEING M0RE PAR11CUlARLY DESCRIBED AS F0LL0WS: Ths West Forty(40) fest of ths South Hdt oi the North Holf of the Southwsat Ouarter (51/2 N1/2 SMIt/4) of satd Sectlon 1B. Satd existiny Right—of—way contalns 26,250 aq. ft. or 0.803 acre, more or less (t), and may bs �ubjsct to ony rlqhta—of—way or other eaeemants of roeord or as now exlnting within aald dsocribed exlatfng Right—of—way. � � Li�F .• •• F ��, : : <= �� 8106 �'o ro ;`� 3 ;>- 7� • • W o,��.�.30.�I�� ,, � s • ••• ..,.. . Michoel Chod Dilko — On Behalf Of King Surveyors Colorodo Licensed Professional Lond Surveyor �38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS aw-iz WCR 49 CORRIDOR PROJECT SUTTON BETWEEN WCR(s)20&22 WCR 49 I�[NG SURVEYORS PR0JECT N0: SRP-26 SCALE:N/A WELD COI1N'I'Y,COLORADO G50 E.Cruden Ontr � 1t+�id,o�,Cabndo B0i50 plronr:(97�G(W-5011 � �m��G��r��sun�roasmm DATE: 3-12-15 DRAWN BY: CDL SHEET: I of 2 4180528 Pages: 4 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��'��1'��:'��f��h��'��l��i�'��1�=�1��1�� EXHIBIT -A POINT OF COMMENCEMENT W 1/4 S18-T2N-R64W FND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 27269 2004 IN MON. BOX I MIME According to Colorado low you must commence any legal action based upon any defect in this survey within three yeas otter you first discover such defect. In no event may any action based upon any defect In this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) NOTE: This sithlblt drawing is not intended to be a monumentdhzsd land survey. It's solo purpose Is as ographlo representation to aid In the visualization of the written party des tlon when y description esersedes the exhibit draw g. LINE TABLE LINE BEARING LENGTH L1 N88'56'52"E 40.00' L2 N88'59'15"E 28.10' L3 S89'01'37"W 9.39' SCOTT & VICKI KINNISON SE 1/4 S13-T2N-R65W E. JEAN SWARTZ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING C1 497.65' 19770.00' 1'26'32" 497.64' S00'58'42"W C2 159.05' 19630.00' 0'27'51" 159.05' S01'28'03"W L1 co co U'SI colW NI IL2 DONALD & SUSAN BRATRSOVSKY ADDITIONAL RIGHT—OF—WAY 13,141sf.± OR 0.302oc.t 40' £XIS71NG RIGHT-OF-WAY (BOOK 1055 PAGE 192) HOLLY R. BODA-SUTTON & WILLIAM C. SUTTON PARC.# 13051800003 REC.#4051375 SW 1/4 S 18-T2N-R64W • JOEL D. & GLORIA KUGLER CALCULATED POS11ON SW COR S18-T2N-R64W SW COR S18-T2N-R64W FND #6 REBAR WITH 2.5" ALUMINUM CAP STAMPED LS 27269 1998 WITNESS CORNER RIGHT OF WAY ACQUISITION SUTTON WCR 49 WELD COUNTY, COLORADO KING SURVEYORS 650 E. Garden Drive I Windsor. Colorado 80550 phone: (970) 686-5011 I nail' info@:inp,Sunxpors.rnm WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 20 & 22 PROJECT NO: SRP-26 SCALE:1 "=150' DATE: 3-12-15 DRAWN BY: CDL SHEET: 2 of 2 4180528 Pages: 5 of 5 02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO ■iii t!!rdITATIARL leis Ili Ii III Hello