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Home My WebLink About20160208.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 - RANDY AND CATHERINE EVANS 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 Randy and Catherine Evans, 11670 County Road 49, Hudson, Colorado 80642, 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 Randy and Catherine Evans, 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. RU.D(fe, fr-1)°2hA- 2016-0208 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49- RANDY AND CATHERINE EVANS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dirdigiv Cd // i< 6 4�Yh.• �C1Lo•� Mike Freeman, Chair Weld County Clerk to the Board Brn S P. onway, Pr ►` BY: q QlCa, i ,ty Clerk to the oard �,, l;�c/ E Julie A. Cozad � APPR D AS •��•- f �� , !�. 1661 I �• 1i:_rbara Kirkmeyer n torney Sri�� ` - _ IL.► Steve Moreno Date of signature: a s ►.......I 2016-0208 EG0073 � � 1861 MEMORANDUM j TO: Clerk to the Board DATE: 1/8/2016 3 GO1NTY FROM: Leon Sievers/Tiffane Johnson RECEIVED Public Works Department SUBJECT: Agenda Item JAN 13 2016 WELD COUNTY COMMISSIONFRS Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement, and Temporary Construction Easement for Certain Improvements to WCR 49 with Randy B. and Catherine M. Evans. M:\Francie'AGENDA memos\Agenda-Leon-Ldoc 2016-0208 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 RANDY B. EVANS AND CATHERINE M. EVANS AND WELD COUNTY, COLORADO pT THIS AGREEMENT is made this /0 day of , 2015),)by and between RANDY B. EVANS AND CATHERINE M. EVANS,whose dress is 11670 County Road 49, Hudson, CO 80642, hereinafter collectively referred to as ` wner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns 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 Three Thousand 4174810 Pages: 1 of 14 ."O��_A (� 01/22/2016 03:39 PM R Fee:$0.00 ( Carly Koppes, Clerk and Recorder, Weld County, CO 1111 1r11C'IIillrl 'GOVI iIii 11111 • Page 2 of 5 Eighty Three Dollars, ($3,083.00). 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 One Thousand Two Hundred Twenty Five Dollars, ($1,225.00).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 Seven Hundred Thirty Five Dollars, ($735.00). 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 December 10, 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 1, 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 enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the 4174810 Pages: 2 of 14 01/22/2016 03:39 PM R Fee:$0.00$0.00 rcels\(20)Evans\Compromise Agreement Warranty Deed-Evans-11- Carly Koppes, Clerk and Recorder, Weld County, CO 25-15.docx 1111 1��.rr,�� I 'I �«'�ti� 'lE��ak��IIN��F�E ilk 11111 Page 3 of 5 Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of- Way, 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 Six Thousand Five Hundred Fifty Six Dollars ($6,556.00) 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 December 10,2015. If the agreement is not signed and returned on or before December 10, 2015, the County shall maintain its current offer of Fair Market Value of Five Thousand Forty Three Dollars ($5,043.00) 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 4174810 Pages: 3 of 14 01/22/2016 03:39 PM R Fee:$0.00 \(20)Evans\Compromise Agreement Warranty Deed-Evans-11- Carly Koppes, Clerk and Recorder, Weld County, CO 25-15.docx VIII IF.01101.455ii:rit K IrIf lid 11111 Page 4 of 5 boundary of the new right of way being acquired hereunder. The Owner shall be 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 Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4174810 Pages: 4 of 14 01/22/2016 OCler9k PM d Recoedee:Valid County, CO Carly Koppes, l!��r�nho tie.t4 M„avu�r,�cM + � II III \\ZIRKEL\data\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(20)Evans\Compromise Agreement Warranty Deed-Evans-1 1- 25-15.docx Page 5 of 5 IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. OWNER: RANDY B. EVANS AND CATHERINE M. EVANS - ‘(/` (e2-/2 'teA"e4:e--' C5-4:2.e..641-...--- Rafidy a Ev s Catherine M. Evans Date: /A/ ATTEST: d. . 1140;tk BOARD OF COUNTY COMMISSIONERS Weld C. ty Clerk to the :oard WELD COUNTY, COLORADO / L BY: �'ii�f� iL�' !- Tif 1. ''-r Deputy Cl;` to the B �Z` Mike Freeman, Chair JAN 1 8 ZU APPROVED AS TO F �I �� PPROVED AS TO TANCE. -104 � � � ��; „� 242et Controller � "� l t ' � Electe 1 al or epartment Head APPROVED AS TO FORM: '—/•11):\Director of General Services County Attorney \\ZIRKEL\data\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(20)Evans\Compromise Agreement Warranty Deed-Evans-11- 25-15.docx 4174810 Pages: 5 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO OZb/(/ .'4 ■III h1��1�:��4i��lrlI'!�?y M :L�1�M a�l�t��li F'�Y4sh 1I II 1 { , PHOTO EXHIBIT - - -- - . • v wjJ w...o- Y + T 5• . r' r - ,r 1 al NW CORNERIV , , , .&y. • S6- T2N- R64W •- fQs. n \ • ` ' ..,,,�, \ - 'at e 1 \. 1 X 14.1CD 3 ' is . F.;.: . . • 44. ' . ny 1• ' • i , r a - E L_;. UA O i . _ , -- di,- A' YIA THAO & THAI YANG 1 . •1?. — .—r i"' - • '-i s h.� ,• .mot - a �i `'' :. --",' • a . .• - - r . . t IV. 4 e rt; . . 4mitilill ill I ►• 4 t .• ,- s. _ , r �'04 20' TEMPORARY EASEMENT . . �' 26 , 402s• f• ± OR 0. 606ac•± , : ii • _, . . . , '.: r ,.., . lei ..t I a 4; .i � al lra 20' PERMANENT EASEMENT y��14 , •- ., 26 , 402s. f. ± OR 0. 606ac. f• 1? ' f `' • • _- Y 1, • / ; 40' EXISTING RIGHT- OF-WAY T • 1i47 (BOOK 1046 PAGE 9) 1/4NE i S1-T2N-R65W `� . • ALVIN i + • • , DECHANT JR. • .4 CATHERINE & •t -. •. d . sif / RANDY EVANS f . if yy wi"; . . 44. ` i i` C r • i 1 _lb 41 ` 1 il NW 1/4 - e � S6-T2N -R64W•lit •. y ''a4 . ,•i V tia : ADDITIONAL RIGHT— OF— WAY - rt.: , :, � . _ . � I' 7 33,2.50s.f.± OR 0.76.3ac. f Y.: , • t _ - / 1 Cr ' ---- --. f ' - �'+r 1 �... .- , W 1 /4 CORNER j ,�► rs ;L; .. _� ,, iijJ7iiC\ . S6- T2N - R64W ",: way r � � la ' • •, �. •• -." 'I .tr r f , r r- ' o-o- - ! '1 ‘,. - ` ...1• Y r. ef :(: 11 • � , ' SW 1/4 si DEE & JOHN ; E 1 4 X56-T2N—R64W SMITH , f :rte v. 1-T2N— • 65 N ,k Sa i it a « 't : 'I4 )ilit e # . .• S - e d- ...i - �, PHOTO EXHIBIT kiAur 4 WELD COUNTY DEPARTMENT A'�► OF PUBLIC WORKS , 2 0 NA" bill . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 24 & 26 EVANS DING SURVEYORS PROJECT NO : SRP-26 SCALE : 1 "- 250' WCR 49 650 E. Garden Drive I Windsor, Colorado 80550 WELD COUNTY, COLORADO phone: (970) 686-5011 I email: info©KingSurrcyor.com DATE : 4- 10- 15 1 DRAWN BY: CDL SHEET : 1 of 1 4174810 Pages : 6 of 14 01 / 22 / 2016 03 : 39 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO fflkirarsitliTikillrWilliCiljilifillilliiiiikilTIMINNinliiiiiiiiiiiii fill • EXHIBIT-A 20-EVANS-ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half (S1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped 'LS25937, 2001" at the South end and by a #6 rebar with a 3 X" diameter aluminum cap stamped '1S13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of said Section 6 o distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6, said point being the POINT OF BEGINNING; THENCE North 00'30'35' West along said East Right—of—way line a distance of 1320.05 feet to the North line of the South Half (S1/2) of said Lot No. 3; THENCE North 88'49'39' East along the North line of the South Half (S1/2) of said Lot No. 3 a distance of 8.88 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 120.74 feet to a Point of Tangency (PT), said curve having o radius of 15630.00 feet, a central angle of 00'26'33" and a long chord bearing South 02'39'45" East a distance of 120.74 feet; THENCE South 02'53'01" East a distance of 73.43 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 653.87 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'22'32" and a long chord bearing South 01'41'45" East a distance of 653.82 feet; THENCE South 00'30'29" East a distance of 421.09 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 50.96 feet to the South line of the Northwest Quarter (NW1/4) of said Section 6, said curve having a radius of 15630.00 feet, a central angle of 0091'13" and a long chord bearing South 00'36'05` East a distance of 50.96 feet; THENCE South 88'44'37" West along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 30.06 feet to the POINT OF BEGINNING. Said parcel of land contains 33,250 sq. ft. or 0.763 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the South Half (S1/2) of said Lot No. 3. Said existing Right—of—way contains 52,803 sq. ft. or 1.212 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. ......ttrt` 1 -oi- 38106y• O Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 .A.. WELD COUNTY DEPARTMENT RIGHT OF WAY � 4 De• OF PUBLIC WORKS ACQUISITION RW-20 , ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 650 E.Carden Dove IC incisor.Colorado 80550 WELD COUNTY,COLORADO phone:(970)6x6-5011 I email:info®KingSuneyorseom DATE: 4-10-15 DRAWN BY: CDL SHEET: I of 2 4174810 Pages: 7 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 III EXHIBIT-A NW CORNER $6-T2N-R64W FOUND #6 REBAR WITH • I 3.25" ALUMINUM CAP STAMPED LS 13155 1999 LINE TABLE IN MON. BOX LINE BEARING LENGTH MEE LO&HOUR THAO YIA THAO&THAI YANG L1 N88'44'37"E 40.00' • i L2 • L2 N88'49'39"E 8.88' L3 S02'53'01"E 73.43' Ch lit �' L 60' IVGYRESS EGRESS EASEMENT L4 S88'44'37"W 30.06' LIVESTOCK AND BICYCLE'1RAFFIC I-j (REC Na 1819560) 30'UIIJTY EASEMENT TO PUBLIC.SERVICE —COMPANY OF COLORADO (REC N0. 02001234) S EL EASEMENT CURVE TABLE MS COLORADO LENIRAL N �"�MANY CURVE LENGTH RADIUS DELTA CHORD CH BEARING Z (BOOK 1249 PAGE 241) a Cl 120.74' 15630.00' 0'26'33" 120.74' S02'39'45"E w m ci C2 653.87' 15770.00' 2'22'32" 653.82' S01'41'45"E NE 1/4 1t. O S1-T2N-R65W 0 C3 50.96' 15630.00' 0'11'13" 50.96' S00'36'05"E U) (7 Q ALVIN m 40'DUSTING RH;HT—OF—WAY DECHANT (BOOK 1046 PAGE 9) JR. Iv a ADDITIONAL RIGHT—OF—WAY ? ie/-33,250s.f.± OR 0.763ac.± NOM co According to Colorado law you must commence any legal action based upon any defect In this IS) an survey wit*: three yeas after you frst discover O O such defect. In no event may any action based • c; • upon any defect in this survey be commenced O rcV CATHERINE& more than ten years from the date of the rRANDY EVANS certification shown hereon. (13-80-105 C.R.S. 2012) Z ) PARK.#130506000030 Po o RECP.#2843861 I raj M NOTE This exhibit drawing is not intended to I be a manumentalized land survey. It's sole OO U) NW 1/4 purpose is as a graphic representation to aid Z $6-T2N-R64W R64W 3 in the visualization of the written property — POINT OF description which it accompanies. The written BEGINNING property description supersedes the exhibit 4 drawing. 1 SW 1/4 W 1/4 CORNER $6-T2N-R64W $6—T2N—R64W SE 1/4 FOUND #6 REBAR WITH DEE&JOHN S1-T2N-R65W I I 2" ALUMINUM CAP SMITH I STAMPED LS 25937 2001 IIN MON. BOX POINT OF COMMENCEMENT RIGHT OF WAY .A._ WELD COUNTY DEPARTMENT ACQUISITION 14 A:. OF PUBLIC WORKS Rw-zo �' ►+. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: l"=250' 650 E.Garden Drive I Windsor.Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 I email:info�d,FinkiSurvevorc.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 of 2 4174810 Pages: 8 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III PIJE IPIIIMh hlhelli Jai;iMilVIllei fi?llitir 11111 EXHIBIT-B 20-EVANS-PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the South Half (S1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebar with o 2" diameter aluminum cap stamped 1-S25937, 2001" of the South end and by a #6 rebar with a 3 }4" diameter aluminum cap stamped `tS13155, 1999" of the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37" East along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE continuing North 88'44'37- East along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 30.06 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the East a distance of 50.96 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 00'11'13" and a long chord bearing North 00'36'05"West a distance of 50.96 feet; THENCE North 00'30'29" West a distance of 421.09 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 653.87 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 0222'32" and a long chord bearing North 01'41'45" West a distance of 653.82 feet; THENCE North 02'53'01" West a distance of 73.43 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 120.74 feet to the North line of the South Half (S1/2) of said Lot No. 3, said curve having a radius of 15630.00 feet, a central angle of 00'26'33" and a long chord bearing North 02'39'45" West a distance of 120.74 feet THENCE North 88'49'39" East along the North line of the South Half (51/2) of said Lot No. 3 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 which is concave to the East a distance of 120.15 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'26'28"and a long chord bearing South 0239'48" East a distance of 120.15 feet; THENCE South 02'53'01" East a distance of 73.43 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 654.70 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 02'22'32" and a long chord bearing South 01'41'45"East a distance of 654.65 feet; THENCE South 00'30'29" East a distance of 421.09 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 50.70 feet to the South line of the Northwest Quarter (NW1/4) of said Section 6, said curve having a radius of 15610.00 feet, a central angle of 00'11'10" and a long chord bearing South 00'36.04"East a distance of 50.70 feet; THENCE South 88'44'37"West along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel of land contains 26,402 sq. ft. or 0.606 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. O O �tt� ��ti1a 0 • 9 i� 38106 v � Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 PERMANENT EASEMENT .A•. WELD COUNTY DEPARTMENT ACQUISITION ,4 OF PUBLIC WORKS PE-20 II ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS PROJECT NO: SRP-26 SCALE: N/A WCR 49 KING SURVEYORS (i50 E.Garden Drive I \5'indsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)asp-50n1 I mad:Info@ ingSurveyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 2 4174810 Pages: 9 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III 1��11�w��lG��llh��'� �M «+��'�� I+ 'i X41 iI II I EXHIBIT-B CNER SS6 TT22NN-R64W LINE TABLE FOUND 6 REBAR MATH I 3.25w AWMINUM CAP LINE BEARING LENGTH ' � STAMPED D LS LS 13 13155 1999 IN MON. BOX L1 N88'44'37"E 40.00' MEE LO&HOUA THAO L2 N88'44'37"E 30.06' YIA THAO&THAT YANG • 4 1 L3 NO2'53'01"W 73.43'I • i I .{ - . . - -- - • - L4 N88'49'39"E 20.00' •• 13 L5 S02'53'01"E 73.43'ON 60' INGRESS�EGRESS E45�1/ENT !1}• I_ FZR 4E1fI AR L6 S88'44'37"W 20.00' UVESTOCK AND BICYCLE TRAFFIC U I (RAC NO. 1819560) 30'UTYfTY fASELENT ' TO RELIC cr. OF COLORADO CURVE TABLE I (RAG Na 02001234) CURVE LENGTH RADIUS DELTA CHORD CH BEARING 3'arcmic E+s vT 10 COLORADO GLIVIRAL C1 50.96' 15630.00' 0'11'13" 50.96' N00'36'05"W (!'I PONFR COMPANY (BOOK 1249 PAGE 241) z_ C2 653.87' 15770.00' 2'22'32" 653.82' NO1'41'45"W S: aI w C3 120.74' 15630.00' 0'26'33" 120.74' NO2'39'45"W m- N u, NE 1/4 L U U C4 120.15' 15610.00' 0'26'28" 120.15' S02'39'48"E S1-T2N-R65W 0 I u) C5 654.70' 15790.00' 2'22'32" 654.65' S01'41'45"E FA AL VIN m. 40'E JSTiNG RIGHT-OF-WAY C6 50.70' 15610.00' 0'11'10" 50.70' S00'36'04"E DECHANT JR. IN 0300K1046 PAGE 9) NIa i 20' PERMANENT EASEMENT I - —C 26,402s.f.± OR 0.606ac.± (V I According to Colorado law you must commence I co any legal action based upon any defect in this O) o survey within three years after you first discover O such defect. In no event may any action based in CATHERINE& upon any defect in this survey be commenced more than ten years from the date of the , InO • ILI RANDY EVANS cer)cation shown hereon. (13-80-105 C.R.S. Z( N N PARC.#130506000030 M o RECP.#2843861 NOTE: This exhbit drawing is not intended to Cn be a monumentolized land survey. It's sole IL2 0 1 NW 1/4 purpose is as a graphic representation to aid L 6 $6-T2N-R64W in the visualization of the written property 6 description description supanies. The ersedes the exhbit property P P drawing. POINT OF BEGINNING SW 1/4 W 1/4 CORNER $6-T2N-R64W $6-72N-R64W SE 1/4 FOUND ate REBAR WITH DEE&JOHN S1-T2N-R65W I I 2" ALUMINUM CAP SMITH I • STAMPED LS 25937 2001 I I I IN MON. BOX POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT PERMANENT EASEMENT -.rem- la 1a e. OF PUBLIC WORKS PE zo °\` `74, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 KING SURVEYORS 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 I email:info@KingSuneyors.eom DATE: 4-10-15 DRAWN BY. CDL SHEET: 2 of 2 4174810 Pages: 10 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 kr rILTIYVIEWRVIIII:l'i,IiNdh l'Oll171W.iiii11I II EXHIBIT-C 20-EVANS-TE. PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being port of the South Half (S1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped 1S25937, 2001" at the South end and by a #6 rebar with a 3 J4" diameter aluminum cop stomped 't.S13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983. a distance of 2640.22 feet, with all other bearings contained herein relative thereto: THENCE North 88'44'37 East along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6; THENCE continuing North 88'44'37" Eost along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 30.06 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line, said point being the POINT OF BEGINNING; THENCE along the arc of said curve which is concave to the East a distance of 50.96 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 001113" and a long chord bearing North 00'36'05" West a distance of 50.96 feet; THENCE North 0030'29" West a distance of 421.09 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 653.87 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'22'32" and a long chord bearing North 01'41'45" West a distance of 653.82 feet; THENCE North 02'53'01' West a distance of 73.43 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 120.74 feet to the North line of the South Half (S1/2) of said Lot No. 3, said curve having a radius of 15630.00 feet, o central angle of 00'26'33"and a long chord bearing North 02'39'45" West a distance of 120.74 feet; THENCE North 88'49'39" East along the North line of the South Half (S1/2) of said Lot No. 3 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 which is concave to the East a distance of 120.15 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'26'28"and a long chord bearing South 02'39.48" East a distance of 120.15 feet; THENCE South 02'53'01" East a distance of 7343 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 654.70 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 02'22'32" and a long chord bearing South 01'41'45" East a distance of 654.65 feet; THENCE South 00'30'29" East a distance of 421.09 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 50.70 feet to the South line of the Northwest Quarter (NW1/4) of said Section 6, said curve having a radius of 15610.00 feet, a central angle of 0011'10" and a long chord bearing South 00'36'04" East o distance of 50.70 feet; THENCE South 88'44'37" West along the South Tine of the Northwest Quarter (NW1/4) of said Section 6 a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel of land contains 26,402 sq. ft. or 0.606 acre, more or less (±), and may be subject to any riots—of—way or other easements of record or as now existing on said described parcel of land. ,.0a101010ko1/4t • Cr rzQ r e cc e •--o 38106 >: O s p •• Wr • l S/••A...... n•• �j ` Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT A. OF PUBLIC WORKS ACQUISITION 4% D:4 WCR 49 CORRIDOR PROJECT TE 20 BETWEEN WCR(s)24&26 EVANS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 6>n E.Garden Drive I Windsor,Colorado 605'.o WELD COUNTY,COLORADO phone.(970)esa-Soli I email:info@A"ingSuneyors.com DATE: 4-10-15 DRAWN BY. CDL SHEET: 1 of 2 4174810 Pages: 11 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ti or+ pnd l u, 11 III L EXHIBIT-C 8kiir___ . . ___ , . _ NW CORNER $6-T2N-R64W LINE TABLE FOUND /6 REBAR WITH I 3.25' ALUMINUM CAP LINE BEARING LENGTH STAMPED LS 13155 1999 IN MON. BOX L1 N88'44'37"E 40.00' MEE LO&HOUA THAO L2 N88'44'37"E 30.06' YIA THAO&THAI YANG I 1 4 L3 NO2'53'01"W 73.43' I • 1 L4 N88'49'39"E 20.00' L5 S02'53'01"E 73.43' ON - ' L 60' INGRESS&EGRESS EASEMENT !y I FOR VEHICLEAR, PEDESTRIAN, L6 S88'44'37"W 20.00' LIVESTOCK AND BICYCLE TRAFFIC I I- (REC. N0; 1819560) tx 'U74JTY EASFa/ENT ' TO PUBLIC Saila- COMPANY OF COLORADO CURVE TABLE i (REC NO. 02001234) CURVE LENGTH RADIUS DELTA CHORD CH BEARING 3'ELECTRIC EASEMENT TO COLORADO CENTRAL C1 50.96' 15630.00' 011'13" 50.96' N00'36'05"W Vim)-'I POKER COMPANY O 'S (BOOK 1249 PAGE 241) z I C2 653.87' 15770.00' 2'22'32" 653.82' NO1'41'45"W w I C3 120.74' 15630.00' 0'26'33" 120.74' NO2'39'45"W co N U NE 1/4 1i_ • V C4 120.15' 15610.00' 0'26'28" 120.15' S02'39'48"E Sl-T2N-R65W O I U) C5 654.70' 15790.00' 2'22'32" 654.65' S01'41'45"E 7) ALVIN m• ' 40'E7IS1LVG RIGHT-OF-WAY C6 50.70' 15610.00' 0'11'10" 50.70' S00'36'04"E DECHANT JR. N I (80M 1046 PAGE 9) NIOv 20' TEMPORARY EASEMENT NOTICE m • — 26,402s.f.t OR 0.606oc.± cV I According to Colorado law you must commence I On any legal action based upon any defect in this frst discover such defect. In within nree no event may may a after ny action based 10" I N F CATHERINE& upon any defect in this survey be commenced more than ten years from the date of the to - RANDY EVANS certification shown hereon. (13-80-105 C.R.S. O 3 o) 2012) I2 I cn N PARC.#130506000030 0 o RECP.#2843861 NOTE: This exhibit drawing is not intended to 0 � be a monumentalized land survey. It's sole IL2 z 1 NW 1/4 purpose is as a graphic representation to aid L 6 $6-T2N-R64W in the visualization of the written property 6 description ro�ti description superse it edes the exhibities. The ttec property P drawing. POINT OF BEGINNING SW 1/4 W 1/4 CORNER $6-T2N-R64W $6—T2N—R64W SE 1/4 FOUND /6 REBAR WITH DEE&JOHN • S1-T2N-R65W I I 2 ALUMINUM CAP SMITH I STAMPED LS 25937 2001 I I IN MON. BOX POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT TEMPORARY EASEMENT .A.. ACQUISITION 'a le.� OF PUBLIC WORKS TE-20 \ 6.1� �. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 1 email:inb@King5urveyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 oft 4174810 Pages: 12 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lui�'rJ'1l�N � 0 ,r11tI YYtr11lirtilZIVI:l'AiTiii,k ii 01 RECORDING INFORMATION ABOVE R/W# 20 GRANT OF EASEMENT Randy B. Evans and Catherine M. Evans, GRANTOR (whether one or more), whose address is 11670 Weld County Road 49, Hudson, CO 80642, 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. 4174810 Pages: 13 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Aditiakil Maki BIM 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.: Part of the S % of the NW y of Section 6, Township 2N, Range 64W, 6th P.M., County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: RANDY B.EVANS AND CATHERINE M.EVANS Randy B. Evans Catherine M. Evans STATE OF COLORADO ) COUNTY OF WELD ) I, , a Notary Public for said County and State, do hereby certify that Randy B. Evans and Catherine M. Evans personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal, this day of , 20_. Notary Public My Commission Expires: 4174810 Pages: 14 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO SIAM kiii:ICri+rti II��F'��I �r �'��, ��II .41.224et# MEMORANDUM ► I I r:,` Iv TO: Clerk to the Board DATE: 2/12/2016 1'`GQUNTY 1 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-0208 Warranty Deed with Randy B. and Catherine M. Evans for WCR 49 project. RECEIVED FEB 12 2016 WELD COUNTY COMMISSIONERS M.\Francie\AGENDA memosWgenda-WarrantyDeed.doc ed0414147fr Offinzta., oi- -16 EG 0973 313,1WOne WARRANTY DEED THIS DEED made this GQ�n'' day of , 2(& , between Randy B. Evans and Catherine M. Evans, whose address is 11670 Wel County Road 49, Hudson, CO 80642, Grantor, and County of Weld, a body corporate 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: WITNESS, that the grantor, for the sum of One Dollar, and other good and 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: 11670 Weld County Road 49, Hudson, CO 80642. 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, 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. 4183069 Pages: 1 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO till IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Randy B. E ans, Owns (#12 Catherine M. Evans, Owner State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this ( ( day of r; r>, 20 1 4 by Randy B. Evans and Catherine M. Evans. Witness my hand and official seal. JAMES R PLESHER NC l Arc• P:JI3LIC STATE(It •o'.ORADO NOTAI-I d?:J 154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 :4:044/: otary Public My commission expires: //?//7 4183069 Pages: 2 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell OA 16 111111 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(l)(a). Dated this (40 4 day of , 2016. d46(ATTEST: G •aC,(to•t,L BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO LZ BY:� �l I� /.iL/ ,// �`�' BY: ral(-ALILet_ Deputy C -r to the Boar•j �;+►, �1 Mike Freeman, Chair � FEB 2 2 2016 STATE OF COLORADO ) )SS .r r�!wy► COUNTY OF WELD ) he foregoing instrument was acknowledged before me this day of 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONS S OF THE COUNTY OF WELD. Witness my hand and official seal. • Notary Publ. My commission expires: Jp?/M/024/d- CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4183069 Pages: 3 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO /- EXHIBIT-A 2D-EVANS-ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half (S1/2) of Lot No. 3 of the Northwest Quarter (NW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 6 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 6, being monumentolized by a #6 rebar with a 2" diameter aluminum cap stamped 1-S25937, 2001" at the South end and by a #6 rebar with a 3 X" diameter aluminum cap stomped 'LS13155, 1999" at the North end, as bearing North 00'30'35" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.22 feet, with oll other bearings contained herein relative thereto: THENCE North 88'44'37" Eost along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 6, said point being the POINT OF BEGINNING; THENCE North 00'30'35" West along said East Right—of—way line a distance of 1320.05 feet to the North line of the South Half (S1/2) of said Lot No. 3; THENCE North 88'49'39" East along the North line of the South Half (S1/2) of said Lot No. 3 a distance of 8.88 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 120.74 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 00'26'33" and a long chord bearing South 02'39'45" East a distance of 120.74 feet; THENCE South 02'53'01" East a distance of 73.43 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 653.87 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 0722'32" and a long chord bearing South 01'41'45" East a distance of 653.82 feet; THENCE South 00'30'29"Eost a distance of 421.09 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 50.96 feet to the South line of the Northwest Quarter (NW1/4) of said Section 6, said curve having a radius of 15630.00 feet, a central angle of 0011'13"and a long chord bearing South 00'36'05" East a distance of 50.96 feet; THENCE South 88'44'37"West along the South line of the Northwest Quarter (NW1/4) of said Section 6 a distance of 30.06 feet to the POINT OF BEGINNING. Said parcel of land contains 33,250 sq. ft. or 0.763 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the South Half (S1/2) of said Lot No. 3. Said existing Right—of—way contains 52,803 sq. ft. or 1.212 acres, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. *i^� f•s 'ft e-o :`—' 3810DYso3 4 9,41-3, Zs• • Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #381O6 RIGHT OF WAY .,A.. WELD COUNTY DEPARTMENT f, r,;i OF PUBLIC WORKS ACQUISITION t" `1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WCR 49 650 E. WELD COUNTY,COLORADO a Cracdc„Dnrc ( W,ndeor.Cobndo 80550 im„c:(970)se6,5dl i I cmad:'"fo@I:ingsuncyoci<om DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 2 or 4183069 Pages: 4 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NU�11 �M� I I�h kti��,l tiw�l�P�7Y��d��i1 "III • EXHIBIT-A NW CORNER --- SB-T2N-R64W FOUND #B REBAR WITH I 3.25 ALUMINUM CAP * I STAMPED LS 13155 1999 LINE TABLE I IN MON. BOX LINE BEARING LENGTH 1 MEE LO&HOUA THAO I YEA TFIA0&THAI YANG Li N88'44'37"E 40.00' 1 I L2 I 1 I L2 N88'49'39"E 8.88' L3 S02'53'01"E 73.43' 001 160' MlPESB&EGRESS EASDI NT L4 S88'44'37"W 30.06' FOR 1618 AR,PEDESTRIAN, r., LJWSTOCK AND BICYCLE TRAfF1C J (RECwC N0. 1819560) 30'U7ZJTY EASf1MMEJMT TD PUBLIC SERE —COMPANY OF COLORADO (REC N0. 02001234) I 3•SICIR,CEASaIENT CURVE TABLE 10 COLORADO CENTRAL 01 ROMER COMPANYCURVE LENGTH RADIUS DELTA CHORD CH BEARING 0 (BOOK 1249 PAGE 241) Cl 120.74' 15630.00' 0'26'33" 120.74' SO2'39'45"E m c4 C2 653.87' 15770.00' 2'22'32" 653.82' SO1'41'45"E NE 1/4 V_ SI-T2N-R65W o C3 50.96' 15630.00' 0'11'13" 50.96' S00'36'05"E in d ALVIN 03 40'EOSIND fQlT-C4-WAY DECHANT 03OCK 1046 PAGE 9) JR. IV a ADDITIONAL RIGHT—OF—WAY 33,250s.f.± OR 0.763ac.± NAccording to Colorado low you must commence any l action based upon any defect hi this 3 in or survey within three yeas after you first discover : 0 0 such defect In no event may any action based M tv FI CATHERINE& upon any defect In this sunray be commenced more than ten years from the data of the :`' RANDY EVANS certification shown hereon. (13-80-105 C.R.S. 2012) z 3 _ PARC.#130506000030 I o RECP.#2843861 I o M O NOW: This euhiol% drawing is not Intended to 0 be a manumentalb¢ed land survey. We sole i o to NW 1/4 purpose Is as a graphic)representation to aid Z 3 $6-T2N-R64W In the visualization of the written property POINT OF description which It accompanies. The written BEGINNING Property description supersedes the exhibit 4 drawing. 1 Sw 1/4 W 1/4 CORNER $6-T2N-R64W $6—T2N—R64W SE 1/4 FOUND #6 REBAR WITH DEE&JOE-IN S1-T2N-R65W I. ' I 2' ALUMINUM CAP SMITH i ' STAMPED LS 25937 2001 I I IN MON. BOX POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT RIGHT OF WAY 44 44,i OF PUBLIC WORKS ACQUISITION till 6.1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 EVANS KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 630 E.Garden Dive I \C'indwr,Colorado 80350 WELD COUNTY,COLORADO phone:(970)686so1I I emaiL(n(ogKingSimeyocccom DATE: 4-10-15 DRAWN BY: CDL SHEET: 2of2 4183069 Pages: 5 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII kIr, 'J41ulille.1(llkvlfL6LIISI'lli5 I ' LLiri h BM Hello