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Home My WebLink About20160835.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - PHILIP AND SARAH PFANNEBECKER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Public Road Right-of-Way and Permanent Easement for 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 Philip and Sarah Pfannebecker, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for 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 Philip and Sarah Pfannebecker, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of March, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board p nn nn `` Se P. Conway, Pro- ct) uty Clerk tot a Boar Barbara&fie Kirkmmeeyelr� �� APPROVED AS T FORM: r`-{' rc 'd Julie A. Cozad County Attorney Steve Moreno Date of signature: �I� 2016-0835 EG0073 CI✓.7uESjFC 3/ MEMORANDUM TO: Clerk to the Board DATE: 2/19/2016 C pu_" N ' FROM: Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to WCR 49 with Philip J. and Sarah S. Pfannebecker. RECEIVED FEB 2 2 2011 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Tiff-I doc 2016-0835 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN PHILIP J.PFANNEBECKER AND SARAH S. PFANNEBECKER AND WELD COUNTY,COLORADO THIS AGREEMENT is made this I day of 7)1, , 2016, by and between Philip J. Pfannebecker and Sarah S. Pfannebecker,whose address is 24331 County Road 32, LaSalle CO 80645-9717, 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 whose address is 1150 `O' Street, Greeley,Colorado 80631 hereinafter referred Commissioners, y, 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 Thousand, Ninety Two Dollars, ($9,092.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4186827 Pages: 1 of 14 otp/6- 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��P1lL'T'M'o1 lei 1111 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 Sixty Four Dollars, ($1,264.00). 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 Fifty Eight Dollars, ($758.00). 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 February 19, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Permanent Easement and 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, 2018, 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 and the Permanent Easement and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Permanent Easement. 4186827 Pages: 2 of 14 Page 2 of 5 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill 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, and the Permanent which is required to be paid, including, but not limited to, a prorated amount of the property taxes,and any past due property taxes,(and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Permanent Easement 14. Owner shall salvage all existing fencing material located within the right of way by April 1,2016. 15. Owner will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder after project completion. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. 16. Owner shall coordinate access to the property described in Exhibit"B"with United Power for the relocation of existing utility. 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 Fourteen Thousand Four Hundred Forty Nine Dollars ($14,449.00) to the Owner for the Public Road Right-of-Way and the Permanent Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before February 19,2016.If the agreement is not signed and returned on or before February 19, 2016, the County shall maintain its current offer of Fair Market Value of Eleven Thousand One Hundred Fourteen Dollars($11,114.00)for the Public Road Right-of-Way and the Permanent Easement by County warrant(s) at the date of closing. 4. County shall reimburse owner Thirty Thousand Nine Hundred Thirty Three Dollars (30,933.00) for the removal and replacement of 1,539 feet of welded pipe fence 4186827 Pages: 3 of 14 Page 3 of 5 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO BIM located in the Right-of-Way. 5. County shall install temporary fence by March 31, 2016 so that it is up prior to Owner removing existing permanent fence to ensure horses and livestock are contained. 6. County shall assist Owner and Anadarko in the scheduling of the relocation of existing facilities currently located within the areas described in exhibit "A" and "B"to ensure conflicts with relocation are minimized. MISCELLANEOUS: I. This Agreement and the transfers of the Public Road Right-of-Way and Permanent 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. 4186827 Pages: 4 of 14 Page 4 of 5 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII��r1�'��L+�.�I R��ti+��JH k�tNMI RI II I IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: %17 �.�— Phil f ebecker OWNER: LaS ' 1c>&4 arah S. Pfannebecker ATTEST: d ) W . p•e,C. BOARD OF COUNTY COMMISSIONERS Weld ireferk to the B.and WELD COUNTY, COLORADO BY: `. / I . Deputy C rk to he Boa�III w z Mike Freeman, Chair .WAR 0 7 20 APPROVED AS TO F a"'►•. ' PROVED AS 0 SU STANCE: 36, ;; Controller �' �'�,w le d :'al or Department Hea. APPR S O ORM: /A Director of General Services County Attorney Page 5 of 5 4186827 Pages: 5 of 14 . .Z0//O- Dzo 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, Co uIII kir11.lEi iiklgi l'AICE U 4iit'h liiiiiNICii 10'I iliyi, II III PHOTO E. HIIT S18-T3N-R64W .r, _„ 1� t , M m s i - A —�_a . , ,� :�mom„ � p'. - - F �. , ,� VALERIE A. 1 - 30' EXISTING RIGHT--OF--WAY " "' I'LOBES r ACCEPTED ROAD VIEWER'S REPORT (BOOK 658 PAGE 9) !� tit-::!4,""*:- SE114 € e a g"aAk - _ it.:6 l 'x . a � PHILLIP J. & SARAI-1 = ....4t".47°-,,`::•"'''''',.. ,....,:,..'3't-;,„-:, t 1. * i' / I ; S. PFANNERECKER ,.— �., ,, :.,,,,„;,.,:-.:%.7.i:,..'",-,—,'— ��, r ° s ! .�f DUANE E. LUTES : ►� sW 1%4 dip �. , t�'� i' _ fs S18-T3N-R64W w .,' ' ,:;" , 20' TEMPORARY EASEMENT 27,543s.f.± OR 0.632ac.± a - x'b .' x°it-ti-,---..";,,'— ; „ m •—rte I w x, 3. x P[ ,- H w' r U� � ��"f JOHN D. & 4 �°'I ' PATRICIA .LANE '' . , 20' PERMANENT EASEMENT' Iti:w lil Cdr , t a �� I'll WAGNER ig �v •t i*y "27,543s.f.± OR 0.632ac.± M?k'.,� tu # "K a ,+n,Mp''b.m Y:u� J t'','",';'4",''''''''4,,� .a' E 3 �' 'S - d - �t 4,1 'i x i _ e a "' �� 7'i aka x ��! _ itq 9 ° � a-_ ,1 r. t ,ADDITIONAL RIGHT-OF-WAY 1" I X „,,.,WILLIAM D LINDENMAYER ', 99,0315.1.1 OR 2.273ac.± i LIVING TRUST �� a,, .; & SKIPPER LINDENMAYER „,,-(J aj re r LIVING TRUST ' -- ' a ' 30' EXISTING RIGHT-OF-WAY: SW CORNER�", I _ (BOOK 86 PAGE 273) = S18-T3N-R64W- .Y.G 4 � wc2 C WELD COUNTY DEPARTMENT PIIOTO EXHIBIT OF PUBLIC WORKS 33 WCR 49 CORRIDOR PROJECT I BETWEEN WCR(s)32&34 PI-'ANNEBECKER. KIN'i SLR\I'.YORS PROJECT NO: SRR-26 SCALE: 1"-200' t1'CIZ 49 \t'ELl)COUNTY,COI.ORAi)O l'1""'" ,,;<:,' :.n , s'LF"'"..' DATE: 5-11-15 DRAY/N BY: CIA, SHEET: 1 of 4186827 Pages: 6 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII kir1l.i7M'IfII Ni hli'i'IYi L ill lif Iial,' "'I',J'II",'h 11111 FXHIRTT-Q 33-PFANNEBECKER-ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half (S1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), 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 Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebor with a 2 M" diameter aluminum cap stamped `Greenhorne & O'Mara" (year and LS# are illegible) at the South end and by a #6 rebor with a 3 )4" diameter aluminum cap stamped `199?" (LS# is illegible) at the North end, as bearing North 0018'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE North 00'18'47" West along said East Right—of—way line a distance of 1324.85 feet to the North line of the South Half (S1/2) of said Lot No. 2; THENCE North 88'57'52" East along the North line of the South Half (51/2) of said Lot No. 2 a distance of 48.27 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 125.41 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 0027'35" and a long chord bearing South 02'31'39" East a distance of 125.41 feet; THENCE South 02'45'27" Eost a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 663.46 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'24'38" and a long chord bearing South 01'33'08" East o distance of 663.41 feet; THENCE South 00'20'49" East a distance of 77.18 feet; THENCE North 89'39'11" East a distance of 20.00 feet; THENCE South 00'20'49" East a distance of 305.82 feet; THENCE South 47'55'39" East a distance of 102.36 feet to a point being Thirty (30) feet, as measured at a right angle, North of the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 01'00'43" East a distance of 30.00 feet to the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 88'59'17" West along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 165.92 feet to the POINT OF BEGINNING. Said parcel of land contains 99,031 sq. ft. or 2.273 acres, 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 Thirty (30) feet of the South Half (S1/2) of said Lot No. 2; Said existing Right—of—way contains 39,745 sq. ft. or 0.912 acre, 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. ifot AP PQ r' L I - % , ' 38106 > o0 JQ� Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 44.r OF PUBLIC WORKS RW 33 \�► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 PFANNEBECKER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 630 E.Carden Drive I Windsor,Colorado 00550 WELD COUNTY,COLORADO phone.(970)606-50n I ernad:InfogICIngSurveyors.eon, DATE: 5-11-15 DRAWN BY: CDL SHEET: l oft 4186827 Pages: 7 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111 II 1 PYTTTRTT 1JL 1L 11.L1 1 -A • W 1/4 CORNER No11cE Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH • According to Colorado law you must 3.25" ALUMINUM CAP, commence ony legal action based upon any defect In this survey within three years ILLEGIBLE, 199X after you first discover such defect. In no IN MONUMENT BOX event may any action based upon any defect in this survey be commenced more L2 than ten years from the date of the . . . — . • -certification shown hereon. (13-80-105 C.R.S. 2012) U NOTE: This exhibit drawing is not Intended to be a monumentalized land survey. It's i t-O sole purpose is as a graphic representation to aid in the visualization of the written J property description which it accompanies. The written property description supersedes VALERIE A. the exhibit drawing. FLORES I 30' EXISTING RIGHT-OF-WAY ---- - ACCEPTED ROAD VIEWER'S REPORT a (BOOK 658 PAGE 9) SE 1/4 513-T3N-RSSW I r` PHILLIP J. & SARAH �� S. PFANNEBECKER LINE TABLE o PARC.#121518000023 LINE BEARING LENGTH N N RECP.#3692972 L1 N88'59'17"E 30.00' I. DUANE E. 3 L2 N88'57'52"E 48.27' LUTES I d4- SW 1/4 L3 502'45'27"E 52.92' OD S18-T3N-R64W o L4 S00'20'49"E 77.18' O Z L5 N89'39'11"E 20.00' 50' PIPELINE EASEMENT TO PANHANDLE EASTERN L6 S47'55'39"E 102.36' PIPE LINE COMPANY L7 S01'00'43"E 30.00' JOHN D. & I (REC. N0. 1751441) PATRICIA JANE I .- L5 L8 S88'59'17"W 165.92' WAGNER I °� • I N 1 of z N CURVE TABLE co WILLIAM D N w a CURVE LENGTH RADIUS DELTA CHORD CH BEARING co LINDENMAYER 3 M Cl 125.41' 15630.00' 0'27'35' 125.41' 5O2'31'39*E LIVING TRUST • O W C2 663.46' 15770.00' 2'24'38' 663.41' SO1'33'08'E & SKIPPER -co LINDENMAYER o a N ADDITIONAL RIGHT-OF-WAY LIVING TRUST m Z O 99,031s.f.± OR 2.273ac.± SW CORNER J Sec.18, T.3N., R.64W. !s 30' EXISTING RIGHT-OF-WAY FOUND #6 REBAR WITH I-(BOOK 86 PAGE 273) - 2.5' ALUMINUM CAP, ILLEGIBLE �. • WCR J2 _ . IN MONUMENT BOX— �� L8 I POINT OF COMMENCEMENT 1 L1 POINT 0 BEGINNING RIGHT OF WAY �A._ WELD COUNTY DEPARTMENT ACQUISITION ��Iir OF PUBLIC WORKS Q RW-33 ►� WCR 49 CORRIDOR PROJECT \ BETWEEN WCR(s)32&34 PFANNEBECKER KING SURvEYOI S PROJECT NO: SRP-26 SCALE: I" 200' WCR 49 WELD COUNTY,COLORADO 650 E.Garden Dr,e I Windsor,Colorado 80550 phone:(970)666-5011 I email:inte@K ogSurveyora com DATE: 5-1115 DRAWN BY: CDL SHEET: 2 of 2 4186827 Pages: 8 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III ii ildil aL r1il11lli«I+' Illli flf KINK.'ihilikiiiiIIIIJkliiii11111 EX H B IT-B 33,-P_EANNEBECKEP_PE. PROPERTY lTE c8L.P,,,TION A strip of land, Twenty (20) feet in width, being part of the South Half (S1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), 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 Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by u f b rebar with u 2 4 diameter aluminum cup stamped Greenhorne & O'Mara ' (year and LS# are illegible) at the South end and by a #6 rebar with a 3 diameter aluminum cap stomped 199?`' (LS,y is illegible) at the North end, as bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Wane Coordinate System, North Zone, North American Datum 1983, u distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 195,92 feet to the POINT OF BEGINNING; THENCE North 01'00'43" West a distance cf 30.00 feet to a point being Thirty (30) feet, as measured at u right angle, North of the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE North 47'55'39' West a distance of 102.36 feet; THENCE North 00'20'49 West a distance of 305.82 feet; THENCE South 89'39'11 West a distance of 20.00 feet; THENCE North 00'20'49" West a distance of 77.18 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 663.46 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'24'38" and a long chord bearing North 01'33'08' West a distance of 663.41 feet; THENCE North 02'45'27" West a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of o curve which is concave to the East a distance of 125.41 feet to the North line of the South Half (S1/2) of said Lot No. 2, said curve having a radius of 15630.00 feet, a central angle of 00'27'35" and a long chord bearing North 02'31'39" West a distance of 125.41 feet; THENCE North 88'57'52' East along the North line of the South Half (S1/2) of said Lot No. 2 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 124.81 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'27'29" and a long chord bearing South 02'31'42' East a distance of 124.81 feet; THENCE South 02'45'27" East a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 664.30 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 02'24'38" and o long chord bearing South 01'33'08" East a distance of 664.25 feet; THENCE South 00'20'49 East a distance of 57.18 feet; THENCE North 89'39'11" East a distance of 20.00 feet; THENCE South 00'20'49 East a distance of 317.01 feet; THENCE South 47'55'39" East a distance of 102.22 feet; THENCE South 01'00'43' East a distance of 38.68 feet to the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 88'59'17" West along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 2/,843 sq. ft. or 0.632 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. ` t►5� r , I � r ,'1. 1 tl .r Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION ��1 OF PUBLIC WORKS PF-33 �► \V( R 49 CORRIDOR PROJLCT I3ETWEEN WCR(s)32 & 34 PFANNEBECKEI Kim; Sl;R\11'Olt' PROJECT NO SRP-76 SCALE N/A \VCR-19 WILD C(N!Nil',COLORADO 00,', i ,.asr "ii I t,,,k,"'“,"‘'-'"" DATE: 5-I i-I5 DRAWN DY: CUL SHEET: I oft 4186827 Pages: 9 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO mIII!Oct 111,1,7t r LiV<<Ut A!k'+'k'rDi Li, II II EXHTBTT-B W 1/4 CORNER According to Colorado law you must NOTE: This exhibit drawing Is not intended FOUND #6 REBAR WITH • commence any legal action based upon to be a monumentolized land survey. It's any defect In this survey within three years sole purpose Is as a graphic representation 3.25" ALUMINUM CAP, • after you first discover such defect. In no to old In the visualization of the written ILLEGIBLE, 199X event may any action based upon any property description which it accompanies. IN MONUMENT BOX defect In this survey be commenced more The written property description supersedes than ten years from the date of the the exhibit drawing. certification shown hereon. (13-80-105 i I L8 C.R.S. 2012). - 1 . I LINE TABLE I 1 "", LINE BEARING LENGTH VALERIE A. I I' L1 N88'59'17'E 30.00' FLORES 1 30' EXISTING RIGHT-OF-WAY L2 S88'59'17"W 165.92' •- ACCEPTED ROAD VIEWER'S REPORT L3 NO1'00'43"W 30.00' I" (BOOK 658 PAGE 9) SE 1/4 L4 N47'55'39"W 102.36' 513-T3N-R65W PHILLIP J. & SARAH L5 S89'39'11"W 20.00' Ol I' S. PFANNEBECKER PARC.#121518000023 L6 NO0'20'49"W 77.18' RECP.#3692972 L7 NO2'45'27"W 52.92' • O 0 L8 N88'57'52"E 20.00' DUANE E. I LUTES I SW 1/4 L9 SO2'45'27"E 52.92' S18 T3N R64W L10 SO0'20'49"E 57.18' L__20' PERMANENT EASEMENT --- L11 N89'39'11"E 20.00' 27,543s.f.t OR 0.632ac.t 50' PIPELINE EASEMENT L12 S47'55'39"E 102.22' TO PANHANDLE EASTERN PIPE LINE COMPANY L13 SO1'00'43"E 38.68' JOHN D. & ' I (REC. NO. 1751441) L14 S8859' 7"W 20.00' 0 1 PATRICIA JANE I '�° o 'L11 WAGNER o 2I L5—�c" I CURVE TABLE z co _•WILLIAM D N w . In M CURVE LENGTH RADIUS DELTA CHORD CH BEARING LINDENMAYER 3 m I M W Ct 663.46' 15770.00' 2'24'38" 663.41' N01'33'08'W cn LIVING TRUST N- o ' 3 O C2 125.41' 15630.00' 0'27'35' 125.41' NO2'31'39'W & SKIPPER -co N ' d N C3 124.81' 15610.00' 0'27'29" 124.81' S02'31'42.E LINDENMAYER o m N o C4 664.30' 15790.00' 2'24'38" 664.25' S01'33'08'E LIVING TRUST z i is o SW CORNER J I z Sec.18, T.3N., R.64W./ • ()- 30' EXISTING RIGHT-OF-WAY L1 `� BOOK 86 PAGE 273) FOUND #6 REBAR WITH _ _(A r( _ _ 2.5" ALUMINUM CAP, ILLEGIBLE n L13 , . WCR 32 _ . . IN MONUMENT BOX— 'L' - } POINT OF COMMENCEMENT POINT OF BEGINNING L14 PERMANENT EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4s e,00 OF PUBLIC WORKS AC Q PE-33 1/4,11,111.74. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 PFANNEBECKER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' 650 E.Carden Dore I %X oldsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)6865011 r emall.mfo@KingSurNey or,.corn DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 4186827 Pages: 10 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII kirelliTIrliii iilliaillICCil ll iai«IiL'IVIIV AID iiiiiiii 11111 F.XHIBTT®C 33-PFANNEBECKER-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the South Half (S1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), 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 Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebar with a 2 jd" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# are illegible) at the South end and by a #6 rebar with a 3 %%" diameter aluminum cap stamped 199?" (LS# is illegible) at the North end, os bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 195.92 feet to the POINT OF BEGINNING; THENCE North 01'00'43" West a distance of 30.00 feet to a point being Thirty (30) feet, as measured at a right angle, North of the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE North 47'55'39" West a distance of 102.36 feet; THENCE North 00'20'49" West a distance of 305.82 feet; THENCE South 89'39'11" West a distance of 20.00 feet; THENCE North 00'20'49" West a distance of 77.18 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 663.46 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, o central angle of 02'24'38" and a long chord bearing North 01'33'08" West a distance of 663.41 feet; THENCE North 02'45'27" West a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 125.41 feet to the North line of the South Half (S1/2) of sold Lot No. 2, said curve having a radius of 15630.00 feet, a central angle of 00'27'35" and a long chord bearing North 02'31'39" West a distance of 125.41 feet; THENCE North 88'57'52" East along the North line of the South Half (S1/2) of said Lot No. 2 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 124.81 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'27.29" and a long chord bearing South 02'31'42" East a distance of 124.61 feet; THENCE South 02'45'27" East a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 664.30 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 02'24'38" and a long chord bearing South 01'33'08" East a distance of 664.25 feet; THENCE South 00'20'49" East a distance of 57.18 feet; THENCE North 89'39'11" East a distance of 20.00 feet; THENCE South 00'20'49" East a distance of 317.01 feet; THENCE South 47'55'39" East a distance of 102.22 feet; THENCE South 01'00'43" East a distance of 38.68 feet to the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 88'59'17" West along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 20.00 feet to the POINT OF BEGINNING. , Said strip of land contains 27,543 sq. ft. or 0.632 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. p,,s LI0 ron` 3310'6 Rio °5•12.?o1 u ,..,,,,v.4.;.;;:,;,0, Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT .A._ ACQUISITION r Al. OF PUBLIC WORKS TE-33 \�► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 PFANNEBECKER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: NIA 650 E.Gardea Drive I \Vind,or,Colorado 80550 WELD COUNTY,COLORADO Phonc.(970)686-501 I email:i,,I@KngSuncyoracom DATE: 5-11-15 DRAWN BY: CDL SHEET: I of 2 4186827 Pages: 11 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III !ir,'tf'lf:!il'!1 Fir:ly."iiih,Nilliiir INV I la I i Id III III EXHIBIT-(y W 1/4 CORNER NOTICE Sec.18, T.3N., R.64W. I According to Colorado law you must NOTE: This exhibit drawing is not intended FOUND #6 REBAR WITH commence any legal action based upon to be a monumentolized land survey. it's any defect In this survey within three years sole purpose Is as a graphic representation 3.25' ALUMINUM CAP, after you first discover such defect. In no to aid in the visualization of the written ILLEGIBLE, 199X event may any action based upon any property description which It accompanies. IN MONUMENT BOX defect in this survey be commenced more The written property description supersedes than ten years from the date of the the exhibit drawing. certification shown hereon. (13-80-105 J L8 C.R.S. 2012) - --- . 0 0 LINE TABLE 1 I I LINE BEARING LENGTH I c. �� 1 I VALERIE A. I L1 N88'59'17"E 30.00' FLORES I 30' EXISTING RIGHT-OF-WAY L2 S88'59'17"W 165.92' I i ACCEPTED ROAD VIEWER'S REPORT L3 NO1'00'43"W 30.00' (BOOK 658 PAGE 9) SE 1/4 L4 N47'55'39"W 102.36' 513-T3N-R6SW I PHILLIP J. & SARAH 1 L5 S89`39'11"W 20.00' S. PFANNEBECKER ' PARC.#1 2 1 5 1 8000023 L6 N00'20'49"W 77.18' ' RECP.#3692972 L7 NO2'45'27"W 52.92' - 0 0 il m I' L8 N88'57'52"E 20.00' R DUANE E. I' LUTES I SW 1/4 L9 S02'45'27"E 52.92' S18-T3N-R64W R64W L10 SO0'20'49"E 57.18' I; 20' TEMPORARY EASEMENT L11 N89.3911 'E 20.00' 27,543s.f.t OR 0.632ac.f • 50' PIPELINE EASEMENT L12 S47'55'39"E 102.22' TO PANHANDLE EASTERN PIPE LINE COMPANY L13 S01'00'43"E 38.68' JOHN D. & I (REC. Na 1751441) PATRICIA JANE I • co L14 S88'59'17"W 20.00' J J L11 WAGNER I l I I ai z I L5—" r; CURVE TABLE co WILLIAM D N w • I! o M CURVE LENGTH RADIUS DELTA CHORD CH BEARING LINDENMAYER 3 m ML.Li Cl 663.46' 15770.00' 2'24'38` 663.41' N01'33'OB`W LIVING TRUST O ' C2 125.41' 1563000' 0'2735' 125.41' NO2'31'39'W & SKIPPER DO In ;V C3 124.81' 15610.00' 0'27'29" 124.81' SO2'31'42"E LINDENMAYER o m I N 0 C4 664.30' 15790.00' 2'24'38" 664.25' S01'33'06"E LIVING TRUST z" I o SW CORNER J z Sec.18, T.3N., R.64W. • <',2 30' EXISTING RIGHT-OF-WAY FOUND #6 REBAR WITH L1 _ !R [(BOOK 86 PAGE 273) - 2.5" ALUMINUM CAP, ILLEGIBLE L13 , • WCR 32 _ . . IN MONUMENT BOX- L2 , POINT OF COMMENCEMENT POINT OF BEGINNING L14 TEMPORARY EASEMENT .A..4WELD COUNTY DEPARTMENT ACQUISITION #OF PUBLIC WORKS TE-33 \ ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 PFANNEBECKER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' 650 E.Garden Dow I 1N ind,or,Colorado 80550 WELD COUNTY,COLORADO Ph„"' (970)686 50" „,„it'„r„ „KS„n•"s"."m DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 4186827 Pages: 12 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO MI F1I'LIII:liiii lilt Fi rllr'lyhtRI l MIrJNi ikiliiii, 11111 EXHIBIT D RECORDING INFORMATION ABOVE R/W# 33 GRANT OF EASEMENT Sarah S. Pfannebecker and Philip J. Pfannebecker, GRANTOR (whether one or more), whose address is 24331 Weld County Road 32, LaSalle, Colorado 80645, in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to-wit: Easement description as set forth in Exhibit"A"attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on, over, under, or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, W/O # Map No.: Part of Section 18, Township 3N, Range 64W, 6th P.M., County of Weld , State of Colorado 4186827 Pages: 13 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO '� ■III M�� tirM��II��.C��JI 'VW!!I:IF FY:i lk BIM I successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees,contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: BY: STATE OF COLORADO ) ACKNOWLEDGEMENT COUNTY OF ) I, , a Notary Public for said County and State, do hereby certify that Sarah S. Pfannebecker and Philip J. Pfannebecker personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal, this day of , 20_• Notary Public My Commission Expires: W/O # Map No.: Part of Section 18, Township 3N, Range 64W, 6th P.M., County of Weld , State of Colorado 4186827 Pages: 14 of 14 03/09/2016 12:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 101 14��1L'll��uad it WI.Nil' Lig ii+i I+ II III MEMORANDUM TO: Clerk to the Board DATE: 3/17/2016 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-0835 Warranty Deed with Philip J. and Sarah S. Pfannebecker for improvements to WCR 49. RECEIVED MAR 18 2016 WELD COUNTY COMMISSIONERS M:Wrancie\AGENDA memosWgenda-WarrantyDeed.doc 65)tatitt , `.0A)(_-r*e-) aa J4-8 .5-.11- / 40 4 WARRANTY DEED THIS DEED made this O7 day of 1-1t•i , 20/4e2, between Philip J. Pfannebecker and Sarah S. Pfannebecker,whose address is 24331 County Road 32, LaSalle, CO 80645, 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: 24331 County Road 32, LaSalle, CO 80645. 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 4191685 Pages: 1 of 5 03/30/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO D/�- ■III I��.r�,4L'�le141�L�4 '4,TANIT,KJ�aM�«+u�e�IWr�� I III • 4 ,.4/.7/";.:""...."'....-.'.---.--------//' 14/9 Phi ' ec er, Owner cliv` (- Sarah S. Pfannebecker, er State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this f day of v "A Ro-( , 20 f C , by Philip J. Pfannebecker and Sarah S. Pfannebecker. JAMES R. FLESHER Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134039602 MY COMMISSION EXPIRES OCTOBER 7,2019 tary Public My commission expires: / v,/)-/15 4191685 Pages: 2 of 5 03/30/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO lIII FINIFININI'IIIIIIK'hiliii ill.h villaVi1i Aiiih "I IJ 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 O day of `i/ , 2016. ATTEST: di "jCo;6i' COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS • ;/M+��*•� STATE OF COLORADO THE COUNTY OF WELD � y�;e ILz BY: D y Clerk tot e Boar1; j � Mike Freeman, Chair MAR 2 8 2016 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 6,4 day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. ,, / Notary P lic My commission expires: /0 /�C9/O2O/0, CHERYL LYNN HO OMAN 777 NOTARY PUBLIC STATE OF COLORADO NOTARY ID_201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4191685 Pages: 3 of 5 03/30/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� viii � f I r ir+►arii' 6rl � ECM kyh �i iii w FXTTTRTT-A 33-PFANNEBECKER-ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half (S1/2) of Lot No. 2 of the Southwest Quarter (SW1/4) of Section Eighteen (18), Township Three North (T.3N.), 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 Southwest corner of said Section 18 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 18, being monumentalized by a #6 rebar with a 2 16" diameter aluminum cap stamped 'Greenhorne & O'Mara" (year and LS# ore illegible) at the South end and by a #6 rebor with a 3 J4" diameter aluminum cap stamped '199?" (LS# is illegible) at the North end, as bearing North 00'18'47" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all other bearings contained herein relative thereto: THENCE North 88'59'17" East along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE North 0018'47" West along said East Right—of—way line o distance of 1324.85 feet to the North line of the South Half (S1/2) of said Lot No. 2; THENCE North 88'57'52" East along the North line of the South Half (S1/2) of said Lot No. 2 a distance of 48.27 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 125.41 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 00'27'35" and a long chord bearing South 02'31'39" East a distance of 125.41 feet; THENCE South 02'45'27" East a distance of 52.92 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West o distance of 663.46 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'24'38" and a long chord bearing South 01'33'08" East a distance of 663.41 feet; THENCE South 00'20'49" East a distance of 77.18 feet; THENCE North 89'39'11" East a distance of 20.00 feet; THENCE South 00'20'49" East o distance of 305.82 feet; THENCE South 47'55'39" East a distance of 102.36 feet to a point being Thirty (30) feet, as measured at a right angle, North of the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 01'00.43" East a distance of 30.00 feet to the South line of the Southwest Quarter (SW1/4) of said Section 18; THENCE South 88'59'17" West along the South line of the Southwest Quarter (SW1/4) of said Section 18 a distance of 165.92 feet to the POINT OF BEGINNING, Said parcel of land contains 99,031 sq. ft. or 2.273 acres, 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 Thirty (30) feet of the South Half (S1/2) of said Lot No. 2; Sold existing Right—of—way contains 39,745 sq. ft. or 0.912 acre, 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. X�73, 0Qri LI F ‘It, �� 111•. �� •• i ff / : 38106 v® of a . i 4191685 Pages: 4 of 5 p 3 / 03/30/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 '617.7-,D6 Carly Koppes, Clerk and Recorder,, Weld County, CO ......_• lIII PPM kK' ��, f' ANFII III II Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION e r OF PUBLIC WORKS �r►�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 PFANNEBECKER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 6S0 F..C rdcn Drive I Windsor,Colorado 80550 pi,°ne:(970)(,00 son I en,a ,,(°@K;ngsumcyors.com DATE: 5-11-15 DRAWN BY; CDL SHEET: 1 oft 15'YT-TTRTT""LAS. L1 1111L1 I. W 1/4 CORNER NOTICE Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH • According to Colorado law you must 3.25" ALUMINUM CAP, commence any legal action based upon any defect In this survey within three years ILLEGIBLE, 199X after you first discover such defect. In no IN MONUMENT BOX event may any action based upon any defect In this survey be commenced more i L2 than ten years from the date of the . _ , • _ . . — . • -certification shown hereon. (13-80-105 C.R.S. 2012) , U NOTE: This exhibit drawing is not intended ! to be a monumentaiized land survey. It's I sole purpose is os a graphic representation to aid in the visualization of the written J property description which It accompanies. The written property description supersedes VALERIE A. the exhibit drawing. FLORES I 30 EXISTING RIGHT-OF-WAY I - - ACCEPTED ROAD VIEWER'S REPORT • I (BOOK 658 PAGE 9) SE 1/4 S13-T3N-R65W I U PHILLIP J. & SARAH LINE TABLE S. PFANNEBECKER In PARC.#121518000023 LINE BEARING LENGTH N N RECP.#3692972 L1 N88'59'17"E 30.00' .- DUANE E. ' L2 N88'57'52"E 48.27' LUTES SW 1/4 L3 S02'45'27"E 52.92' i S18-T3N-R64W r- L4 S00'20'49"E 77.18' o Z L5 N89`39'11"E 20.00' 50' PIPELINE EASEMENT TO PANHANDLE EASTERN L6 S47'55'39"E 102.36' PIPE LINE COMPANY L7 S01'00'43"E 30.00' JOHN D.& _ (REC. NO. 1751441) PATRICIA JANE I - L5 L8 S88'59'17"W 165.92' WAGNER LO N I Z w CURVE TABLE WILLIAM D N w o FS CURVE LENGTH RADIUS DELTA CHORD CH BEARING LINDENMAYER 3 m Cl 125.41' 15630.00' 0'27'35" 125.41' S02'31'39"E IM LIVING TRUST ^ 0 w C2 663.46' 15770.00' 2'24'38' 663.41' S01'33'08"E ai & SKIPPER 3 N m ' LINDENMAYER b < o moY o co b ADDITIONAL RIGHT-OF--WAY m LIVING TRUST z.. !�'T�. N 99,031s.f.f OR 2.273ac.f w c SW CORNER ) 30' EXISTING RIGHT-OF-WAY LL 2,r Sec.18, T.3N., R.64W./ (6,0" r K 86 PAGE 273 FOUND #6 REBAR WITH 1 (BOO 273) 6,12 0112 2.5" ALUMINUM CAP, ILLEGIBLE - WCR 32 _ @3z IN MONUMENT BOX— L8 tn a� POINT OF COMMENCEMENT L1 POINT OF BEGINNING 4-°LL L. WELD COUNTY DEPARTMENT maces . RIGHT OF WAY �`A r OF PUBLIC WORKS wn c ACQUISITION dam RW 33 '�►�. WCR 49 CORRIDOR PROJECT N L g 171 I BETWEEN WCR(s)32&34 aim PFANNEBECKER ®" KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' ^ WCR 49to (50 E.Garden Drive \\'ind<or,Colorado 80550 aWELD COUNTY,COLORADO phone.(970)6865011 email info@King$urleyor;.com DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 oft co N O ni l°�Y-. 4My� 0)M�— tmU- Hello