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HomeMy WebLinkAbout20162640.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 50.5/39A BRIDGE IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DANIEL AND JULIE BUDERUS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 50.5/39A Bridge Improvements Project 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 Daniel and Julie Buderus, 19712 CR 50.5, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 50.5/39A Bridge Improvements Project 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 Daniel and Julie Buderus, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. cc.: C- cT5IrC) c/l31g0KCo 2016-2640 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 50.5/39A BRIDGE IMPROVMENTS PROJECT - DANIEL AND JULIE BUDERUS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of August, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dettAvt) G. i-e/o%c1 Weld County Clerk to the Board BY: a. County Attorney � � ','�, • puty Clerk to the Board teve Moreno Date of signature: 9l1l 00 2016-2640 EO0073 MEMORANDUM TO: Clerk to the Board DATE: August 11, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: BOCC Item for Agenda RE: 50.5/39A Bridge Improvement Project Agreement for Purchase of Public Road Right -of -Way and Temporary Construction Easement with Daniel and Julie Buderus. M\Francie\AGENDA memos\Agenda-Tiffany.doc 2016-2640 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 50.5/39-A BRIDGE IMPROVEMENT PROJECT~ BETWEEN DANIEL AND JULIE BUDERUS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of 4 u u . 1, 2016, by and between Daniel and Julie Buderus, whose address is 19712 Weld County Road 50.5, LaSalle, Colorado 80645 hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as "Temporary Construction Easement", and WHEREAS, County finds it necessary to rebuild and improve the existing Weld County Road 50.5/39-A Bridge, which will involve said road construction, (hereinafter referred to as "Bridge Improvement Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Bridge Improvement Project, and WHEREAS, County will need said Temporary Construction Easement in order to construct said bridge which is required in conjunction with the Bridge Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Bridge Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand Dollars and no/100 Dollars, ($1000.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 1 4234791 Pages: 1 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County, CO 021) /6, '� �� and made a part hereof by this reference), for the sum of One Thousand Eight Hundred and no/100 Dollars, ($1,800.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right -of -Way to County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on August 10, 2018, or upon the completion of the Bridge Improvement Project, whichever is earlier. 7. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate under the Public Road Public Road Right -of - Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Warranty Deed for the Public Road Right -of - Way to County at the date closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of the transfer of title, when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way and/or Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 2 4234791 Pages: 2 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co Nil: II III COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and/or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Warranty Deed. 3. County shall pay Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrants at the date of the transfer of title. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit B to a level comparable to its original condition. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right -of -Way and Temporary Easement shall be the date of the transfer of title, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use said Public Road Right -of -Way and the Temporary Construction Easement for the purposes of constructing the Bridge Improvement Project and, for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right -of -Way and Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right -of -Way and Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 4234791 09/08/2016 10: Carly Koppes, Cl Pages: 3 of 8 57 AM R Fee:$0.00 erk and Recorder, Weld County, CO 11111 herein contained shall be binding on either party, or its agents or employees. 6. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landown By: Daniel Buderus ATTEST: daziA) Deputy Cl:! k to the B By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair AUG 1 5 2616 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 4 4234791 Pages: 4 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill EXHIBIT -A SE 1/4 S32-T5N-R65W PARCEL DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. RE -3847 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3220112 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 32 AS BEARING SOUTH 89'26'20" WEST A DISTANCE OF 2653.77 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID NORTHERLY LINE SOUTH 89'26'20" WEST A DISTANCE OF 2212.64 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'33'39" EAST DEPARTING SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'26'20" WEST TO A POINT ON THE WESTERLY LINE OF SAID RE -3847 A DISTANCE OF 75.11 FEET; THENCE ALONG SAID WESTERLY LINE NORTH 27'42'36" EAST TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32 A DISTANCE OF 11.36 FEET; THENCE NORTH 89'26'20" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 69.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 724.20 sf. OR 0.02 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT-OF-WAY ACQUISITION BUDERUS BRIDGE 50.5-39A WELD COUNTY, COLORADO 4234791 Pages: 5 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■111 MilAlli k'i'rd I « WV'P,1 H.9" 'Li 101 LINTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -112 SCALE: DATE: 7-06-15 DRAWN BY: DRH SHEET: 1 of2 EXHIBIT -A SE 1/4 S32-T5N-R65W WESTERN EQUIPMENT & TRUCK INC. C-1/4 COR. S32-T5N-R65W 2 1/2" A.C. STAMPED INTERMILL LS#12374 1999 LINE TABLE LINE BEARING DISTANCE L1 SOO'33'39"E 10.00' L2 S89•26'2O"W 75.11' L3 N27'42'36"E 11.36' L4 N89'26'2O"E 69.73' WCR 50.5 589.26'2O"W 2653.77' BASIS OF BEARINGS L4 LAW -FAST SE 1/-i S32 -715N -R65 W RIGHT-OF-WAY ACQUISITION BUDERUS BRIDGE 50.5-39A WELD COUNTY, COLORADO L3 L2 L1 P.O.C. E-1/4 COR. S32-T5N-R65W 3 1/4" A.C. STAMPED ALLES LS#9644 1998 589"26'2O"W 2212.64' P.O.B. RIGHT—OF—WAY ACQUIRED 724.20 sf.± OR 0.02 ac.± DANIEL J. & JULIE A. BUDERUS PARC.#096132400001 RECP.#3539479 LOT -A RE -3847 RECP#3220112 C NTY LUARK NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -112 SCALE: 1"=60 DATE: 7-06-15 DRAWN BY: DRH SHEET: 2 of 2 4234791 Pages: 6 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111 �!�111111 EXHIBIT -B SE 1/4 S32-T5N-R65W PARCEL DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. RE -3847 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3220112 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 32 AS BEARING SOUTH 8926'20" WEST A DISTANCE OF 2653.77 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID NORTHERLY LINE SOUTH 89'26'20" WEST A DISTANCE OF 2109.46 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 59'26'27" WEST DEPARTING SAID NORTHERLY LINE A DISTANCE OF 129.98 FEET; THENCE SOUTH 89'26'20" WEST A DISTANCE OF 81.84 FEET; THENCE NORTH 60'33'41" WEST TO A POINT ON THE WESTERLY LINE OF SAID RE -3847 A DISTANCE OF 11.86 FEET; THENCE NORTH 27'42'36" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 55.70 FEET; THENCE NORTH 89'26'20" EAST DEPARTING SAID WESTERLY LINE A DISTANCE OF 75.11 FEET; THENCE NORTH 00'33'39" WEST TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32 A DISTANCE OF 10.00 FEET; THENCE NORTH 89'26'20" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 103.19 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,951.60 sf. OR 0.18 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 TEMPORARY EASEMENT ACQUISITION BUDERUS BRIDGE 50.5-39A WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -112 SCALE: DATE: 7-06-15 DRAWN BY: DRH SHEET: 1 oft 4234791 Pages: 7 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO WESTERN EQUIPMENT & TRUCK INC. C-1/4 COR. S32-T5N-R65W 2 1/2" A.C. STAMPED INTERMILL LS#12374 1999 EXHIBIT -B LINE TABLE LINE BEARING DISTANCE L1 S89'26'20"W 2109.46' L2 S59'26'27"W 129.98' L3 S89'26'20"W 81.84' L4 N60'33'41 "W 11.86' L5 N27'42' 36"E 55.70' L6 N89'26'20"E 75.11' L7 NOO'33'39"W 10.00' L8 N89'26'20"E 103.19' SE I/4 S32-T5N-R65W P.O.C. E-1/4 COR. S32-T5N-R65W 3 1/4" A.C. STAMPED ALLES LS#9644 1998 o V V CR 50. 5 S89'26'20"W 2653.77' BASIS OF BEARINGS L8 LAW -FAST SE I/ -I 532-T5N-R65W TEMPORARY EASEMENT ACQUISITION BUDERUS BRIDGE 50.5-39A WELD COUNTY, COLORADO DANIEL J. & JULIE A. BUDERUS PARC.#096132400001 RECP. #3539479 LOT -A RE -3847 RECP#3220112 _GOUN_TY TEMPORARY EASEMENT ACQUIRED 7,951.60 sf.± OR 0.18 ac.± LUARK NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -112 DATE: 7-06-15 DRAWN BY: DRH SCALE: 1 "=60 SHEET: 2 of 2 4234791 Pages: 8 of 8 09/08/2016 10:57 AM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO ■III M��1R�7 ��n'�:Uh� �� k� �i���t1� w��il�� C�k�+iY�ti�h �l II MEMORANDUM TO: Clerk to the Board DATE: November 30, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Item RE: 50.5 -39A Bridge Improvement Project Acceptance of Warranty Deed between Weld County and Daniel and Julie Buderus per Agreement for Purchase of Road Right of Way and Temporary Construction Easement adopted on August 15, 2015 at docket number 2016-2640. co; :\Tiff e\ P OJECTS\50.5 39A RIDGE\BUDERUS ACQ DOCENT ri/PWD/v) az, - ou 4 MSWgnd) ea mo.doc - UM�a ' L°. � gg 607 3 WARRANTY DEED THIS DEED made this day of 20 > between Daniel and Julie Buderus, whose address is 19712 Weld County Road 50.5, LaSalle, Colorado, 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: 19712 Weld County Road 50.5, 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 4259896 Pages: 1 of 5 12/07/2016 10:50 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III FAVIIPAIIIIIIVIVII Wilil PAMIRIII �illiOilillit 111 Otal6D 4024 4 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. Daniel Buderus, Owner u . erus, • ' er State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this day of NOV 20 , by Daniel Buderus and Julie Buderus. TIFFANE V. JOHNSON ttiOTe r Y PUBLIC E o4 COLORADO NC I4RY ID 20154009170 MY COMMU & N EXPIRES MARCH 4, 2019 My commission expires: 901 4259896 Pages: 2 of 5 12/07/2016 10:50 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III liii Witness my hand and official seal. Notary Public EXHIB IT -A SE 1/4 S32-T5N-R65W PARCEL DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. RE -3847 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3220112 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 32 AS BEARING SOUTH 89'26'2O" WEST A DISTANCE OF 2653.77 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID NORTHERLY LINE SOUTH 89'26'20" WEST A DISTANCE OF 2212.64 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'33'39" EAST DEPARTING SAID NORTHERLY LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'26'20" WEST TO A POINT ON THE WESTERLY LINE OF SAID RE -3847 A DISTANCE OF 75.11 FEET; THENCE ALONG SAID WESTERLY LINE NORTH 27'42'36" EAST TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32 A DISTANCE OF 11.36 FEET; THENCE NORTH 89'26'20" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 69.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 724.2O sf. OR 0.02 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT-OF-WAY ACQUISITION BUDERUS BRIDGE 50.5-39A WELD COUNTY, COLORADO i 1 18 6 1 TY \l I WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -112 DATE: 7-06-15 SCALE: DRAWN BY: DRH SHEET: l of 2 4259896 Pages: 3 of 5 12/07/2016 10:50 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT -A SE I/4 S32-T5N-R65W WESTERN EQUIPMENT Lt TRUCK INC. C-1/4 COR. S32-T5N-R65W 2 1/2" A.C. STAMPED !"ITER"VIILL L541 12374 1000 Iriffic — Isnin anns. is rry I LINE TABLE LINE BEARING DISTANCE L1 S00.33'39"E 10.00' L2 S89'26'20"W 75.11' L3 N27'42'36"E 11.36' L4 N89'26'20"E 69.73' P.O.C. E-1/4 COR. 532-T5N-R65W 3 1/4" A.C. STAMPED ALLES LS#9644 1998 .. . LAW -FAST • ■ ■ ■ ... .. WUH 5U.5 SE 1/4 S32-T5N-R65W RIGHT-OF-WAY ACQUISITION BUDERUS BRIDGE 50.5-39A WELD COUNTY, COLORADO L3 .. • C Q O ") R'O Cl" W �.JVJ LV LV •• 9Acd 7 J' . BASIS OF BEARINGS L4 L2 L1 ... .. .... .... 58926'2O"W P.O.B. LL I L.64 .. .. RIGHT-OF-WAY ACQUIRED 724.2O si.± OR 0.02 ac.± DANIEL J. & JULIE A. BUDERUS PARC.#096132400001 RECP.#3539479 LOT -A RE -3847 RECP#322011 2 LUARK NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -112 DATE: 7-06-15 i I DRAWN BY: DRH SCALE: 1"-=-.60 SHEET: 2 of 2 4259896 Pages: 4 of 5 12/07/2016 10:50 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III rITI #?i'Ii' w.r4%t."+wl III III 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 J�� day of ATTEST: doh& S.•C,Gto;ii CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD \atta ty Clerk to the Boar STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoi , 2016. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Julie A. Cozad, Chair Pro-Tem BOARD OF COUNTY a COMMISSIONER DEC 0 5 201 OF THE COUNTY OF WELD Sill was acknowled ed before me thisday of g instrumentg ,2016 by Julie A. Cozad, Chair Pro-Tem of the Board of County Commissioners of the County of Weld. Witness my hand and official seal. My commission expires: raf Notary Pu ChM!. ! L` ' N' HOF °Ma N 0 AIR •.: '. C STATE 01 `fa, 1��+ L O t A A 6iY `� NOTARY ID 201440 48044 MY COMMISSION EXPHRES DEC. 19, 2018 s•trtn}'mi'l'd. 7.M.W. 3'H !erin inerr fte rtretr e....i1 tv:rl.:' ..7,C ck. _„ rt-.Oe.+r...--rr 4259896 Pages: 5 of 5 12/07/2016 10:50 AM R Fee:$0W810�ou�ty$00 0 Carly Koppes, Clerk and Recorder, da/6 -4022/P4 �/�vIII �'iI��riIi�Q'�'�li1'�1i�"iIli ir1� i1111 o Hello