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Home My WebLink About20162247.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY, PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BOX ELDER KIDS, LLC 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, Permanent Easement and 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 Box Elder Kids, LLC, 7495 CR 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 Box Elder Kids, LLC, 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 : Pw(FC(fll ER) g( au / t fo 2016-2247 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - BOX ELDER KIDS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk t, a Board BY: epufy Clerk to the Board T• -FORM: ttorney Date of signature: 1//0/1 LP Mike Freeman, Chair ) �- Sean P. Conway, Pro -Tern 2016-2247 EG0073 MEMORANDUM TO: Clerk to the Board DATE: July 11, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right -of -Way and Permanent Easement for Certain Improvements to WCR 49 with Box Elder Kids, LLC, a Colorado Limited Liability Company. %f:\Francie\AGENDA memos\Agenda-Tiffany doc 2016-2247 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN BOX ELDER KIDS, LLC, A COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this / 0 day of 201(e3 by and between BOX ELDER KIDS, LLC, A COLORADO LIMITED LIABI IT COMPANY, whose address is 7495 Weld County Road 49, Hudson, CO 80642, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter 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, 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, 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 Fourteen Thousand Seven Hundred Twenty Nine Dollars, ($14,729.00). 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 (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Dollars, ($500.00). The parties acknowledge and agree 4221108 Pages: 1 of 9 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO RN kireiliRn!:IerlIONV'Igiiikrifth!bwi'rh tHiiii iii 1I III O2 o/G- 517 Page 2 of 5 that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before June 10,2016, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights -of -Way and the Permanent Easement and will defend title thereto against all claims. 5. 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. 6. Owner agrees to grant the Permanent Easement, in the form attached hereto as Exhibit "C", free and clear of all liens and encumbrances, except existing easements. 7. 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. 8. 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. 9. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and the Permanent 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 and Permanent 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 and Permanent Easements. 2. County shall at closing pay all fees associated with recording this Agreement and / or the Warranty Deed. 3. County shall pay Nineteen Thousand Seven Hundred Ninety Eight Dollars ($19,798.00) 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 4221108 Pages: 2 of 9 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO mill M!�.rPIY�KiL'It4'I�Lhr+,� �! 1A,Yi141:11), 11111 Eider Kids Final Agreement br Signature.does Page 3 of5 returned on or before June 10, 2016. If the agreement is not signed and returned on or before June 10, 2016, the County shall maintain its current offer of Fair Market Value of Fifteen Thousand Two Hundred Twenty Nine Dollars ($15,229.00) for the Public Road Right -of -Way and the Permanent Easement by County warrant(s) at the date of closing. 4. County shall at closing pay to Owner Fifty Three Thousand Dollars ($53,000.00) for Owner to reconfigure existing irrigation system with a corner arm. 5. County shall at closing pay to Owner Fifty Nine Thousand Two Hundred Sixty Seven Dollars ($59,267.00) for Owner to remove and replace the existing irrigation well outside the new right of way. 6. County shall at closing pay to Owner Twenty Four Thousand Dollars ($24,000.00) for Owner to remove and replace the existing concrete ditch and siphon outside the new right of way. 7. County shall reimburse the Owner Eight Thousand Five Hundred Dollars ($8,500.00) for the incurred appraisal expense from this Project. 8. County shall at closing pay to Owner Thirty Four Thousand Three Hundred Twenty Eight Dollars ($34,328.00) to relocate United Power irrigation electrical service line outside new right of way. 9. County shall at closing pay to Owner $21,652.00 as a cost to cure the difference in the appraisals. 10. Owner has already been paid One Hundred Fifty Six Thousand Sixty Five Dollars ($156,065.00) through a Possession and Use Agreement. This sum included $19,798.00 for Public Right -of -Way and $136,267.00 for the relocation and damages to Owner's Improvements. The remaining Sixty Four Thousand Four Hundred Eighty Dollars ($64,480.00) of the total agreed upon compensation shall be paid to Owner at closing. This remaining amount to be paid includes the cost of the appraisal described above in number 7, the relocation of electrical service for the irrigation well described above in number 8, and the difference in appraisals described above in number 9. This sum is being paid by County to Owner in lieu of County continuing condemnation proceedings to acquire the Public Road Right - Of -Way. The total sum of $64,480.00 shall be paid to Owner by two checks, one in the amount of $21,652.00 for the Public Road Right of Way and one in the amount of $42,828.00 for the relocation and damages to Owner's Improvements. 11. 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 permanent easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The Owner shall be responsible for the subsequent 4221108 Pages: 3 of 9 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO lIIIM��R�h�wJ;I�IL'1*4'fr�hil4: !hYYrihhl ��F� w�lh 11111 ?Ider Kids`,Pinal Agreement For Signaturedocx I'age 4 of 5 maintenance of said fence. MISCELLANEOUS: 1. Owner agrees to close the north oil and gas access. 2. An agricultural access shall be allowed south of County Road 18 as far south as possible without negatively impacting the agricultural operation and the operation of the irrigation pivot. County shall coordination with landowner prior to finalizing the location of the field access. 3. 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. 4. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 5. 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. 6. 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. 7. 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. 8. 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. 9. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4221108 Pages: 4 of 9 i 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII M��11 �W�L'Ifnl�l�'I +�w'� uf; liKrh't}5V� i�l�,11111 76 - 18' Ilox 1-.Ider Kids`.l inal Agreement for Signature.doex Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: BOX ELDER KIDS, LLC, A COLORADO LIMITED LIABILITY COMPANY By: /% ATTEST: Weld Co.. ty Clerk to the Board WELD COUNTY, COLORADO Title: << i 1,<L_ BY: ` ottni ..S;eA Deputy C APPROVED AS TO FU Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS Mike Freeman, Chair JUL 1 8 2016 APPROVED AS TO SUBSTANCE: Electe SIi% ' al or Department Head Director of General Services 4221108 Pages: 5 of 9 Carly1/2016 01:15 eerand Recorder. Weld W00 eld County, CO VIII l�!�1R�1P il:l4 li�ti'I�' i P� iP S? 14L' di�I�N.�EYI+� �I II I M:ALeon AWCR 49 corridorACR I-76 - ISVI3ox Elder Kids VFinal Agreement for Signature.docx 020/6- - aaf EXHIBIT -A 525-T2N-R65W RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE —QUARTER OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4015164 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 90.00 FEET OF THE EASTERLY 120.00 FEET OF THE NORTHEAST ONE —QUARTER OF SAID SECTION 25. SAID PARCEL CONTAINS 237,636.15 sf. OR 5.46 ac. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT OF WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30 FEET OF THE NORTHEAST ONE —QUARTER OF SAID SECTION 25. SAID EXISTING RIGHT OF WAY CONTAINS 79,192 sf. OR 1.82 cc. 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 4221108 Pages: 6 of 9 07/21/2016 00 rlYoppe Clerk KO 1:15 and RecorrderM R $0 Weld County. CO VIII M!�1R K I�:h' 1h1� Fi �w�,Ll��kl41lrt�'��F' ': W x,11 III RIGHT OF WAY ACQUISITION caw BOX ELDER KIDS WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN 1-76 & WCR 18 PROJECT NO: SRP-25 SCALE DATE: 1 I-10-15 DRAWN BY 1)1(11 SHEET: I oft EXHIBIT -A Sts- ; 2N -165W 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. ANADARKO NEI/4 S25-T2141-R65W BOX ELDER KIDS LLC PARCEL # 130725000002 RECP.# 4015164 90' RICH!' OF WA" ACQUIRED 237,636.'5 sf. OR 5.46 ac.± RIGHT OF WAY ACQUISITION RW5 BOX ELDER KIDS �E ELD COI. NTY, COLORADO 4221108 Pages: 7 of 9 07/21/2016 01:15 P11 R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■lit �!��N1 l � I�\ ,�h,+�.tI I.Y,h1L.��,L ViYir� II Ill I 0 NE COR S25-T2N-R65W END 2 1/2" ALUM. CAP STAMPED LS#23520 2002 a .NWI/4 S30-7'2N-R64W EXISTING 30' R.O.W. 8K-83/PC 298 RD BK-10/PG 178 DEC. 8, 1903 R0100/469 �E '/4 COR S25-T2N-R65W FND 2" ALUM. CAP STAMPED LS#25937 1998 WELD COUNTY DEPARTMENT 2 OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 PROJECT NO: SRP-26 SCALE:1"-400' DATE: 11-10-I5 DRAWN BY:I)KII SHEET: 2 of 2 EXHIBIT -B S25-T2N-R65W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4015164 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 20.00 FEET OF THE EASTERLY 140.00 FEET OF THE NORTHERLY 50.00 FEET OF THE NORTHEAST ONE —QUARTER OF SAID SECTION 25. SAID PARCEL CONTAINS 1,000.10 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 PERMANENT EASEMENT ACQUISITION PE -5 BOX ELDER KIDS, LLC VOID COUNTY, COLORADO 4221108 Pages: 8 of 9 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppel. Clerk and Recorder, Weld County, CO ■III Ml�1R �w�:IW+,�iut �J4F� r�',f'J�� W�hfk'ti Flr'r:Yl h 1I 111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN 1-76 & WCR 18 PROJECT NO: SRP-26 SCALE: DATE: 11-10-15 BY: DRII SHEET: I oft EXHIBIT -B S25-T2N-R65W 50' NE S25-T2N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#23520 2002 0' 20' 20'X50' PERMANENT EASEMENT ACQUIRED 1,000.10 sf. OR 0.02 ac.± BOX ELDER KIDS, LLC PARCEL # 130725000002 RECP.# 4015164 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 30' 40' liVeR 1$ i PERMANENT EASEMENT ACQUISITION P1 BOX EIDER KIDS, LLC WELD COLNIY, COLORADO 4221108 Pages: 9 of 9 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 PROJECT NO: SRP-26 SCALE: 111-50' DATE: 11-10-15 DRAWN BY_ DIM SHEEr. 2 oft VIII M1�116w1RrI:«.'LIiI'k'F+If'+�:i'i�4P+FLMMMINII III MEMORANDUM TO: Clerk to the Board DATE: January 11, 2017 FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 RIGHT OF WAY ACQUISITION - PROJECT SPR-26 Acceptance of Warranty Deed for Right of Way for Weld County Road 49 with Box Elder Kids, LLC, a Colorado Limited Liability Company. Agreement for Purchase of Public Road Right of Way and Permanent Easement for Certain Improvements to Weld County Road 49 between Box Elder Kids, LLC and Weld County approved July 18, 2016; docket number 2016-2247. paerilvisf /- /h - /7 o10vo -0 c/7 CAUsers\tvjo nsonWppDa \Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookUBN58C2I\Agenda Memo Box Elder Kids.doc c�--�`7 ao7 I- l 3 WARRANTY DEED THIS DEED made this I Si day of 2 _, 20/4, , between Box Elder Kids, LLC, A Colorado Limited Liability Co pany, whose address is 7495 Weld County Road 49, Hudson, CO, 80642, hereinafter referred to as "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: 7495 Weld County Road 49, Hudson, CO 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. 4271024 Pages: 1 of 5 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IrdnM PIfJ III ozd - IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNERS: Box Elder Kids, LLC, A Colorado Limited Liability Company By: ,31eL Kerry �f a ee, Manager State of Colorado )ss. County of Weld The foregoing instrument was acknowledged before me this 1st day of September, 2016, By Kerry Shaklee, Manager. TlFFANE V.I NOTARY pue(iNSON c STATE OF COLORADO MY COMMON SPIRES MARCH 4, 2019 My commission expires: March 4, 2019 4271024 Pages: 2 of 5 .00 01/19/2017 y e KoPP,iCCle k and O Recorrder,,We Weld 0 County, CO ,IIII Witness my hand and official seal. tk V Tiffane V. Johnson, otary Public EXHIBIT -A S25 T2N R65W RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4015164 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 90.00 FEET OF THE EASTERLY 120.00 FEET OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 25. SAID PARCEL CONTAINS 237,636.15 sf. OR 5.46 cc. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT OF WAY OF WELD COUNTY ROAD NO, 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30 FEET OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 25. SAID EXISTING RIGHT OF WAY CONTAINS 79,192 sf, OR 1.82 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 ("RW5-) 4271024 Pages: 3 of 5 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ledItlebVIRI °I4XIi MLA 1111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 T.. EXHIBIT -A S25-72N-R65W 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. ANADA RKO BOX ELDER KIDS LI,C PARCEL 1130725000002 RECP.4 4015164 90' RIGHT OF WAY ACQUIRED - 237,636.15 sf. OR 5.46 ac ± 90 NE COR S25-T2N-R65W END 2 1/2" ALUM. CAP STAMPED LS#23520 2002 W r� 7L�:_7i1= -- EXISTING 30' R.O.W. 8K-83/PG 298 RD 8K-10/PG 178 DEC. 8. 1903 R0100/469 E 1/4 COR S25-T2N-R65W END 2" ALUM. CAP STAMPED LS#25937 1998 RI(FI1 O1 \VAY ACQUISI11ON 4271024 Pages: 4 of 5 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lilt MAIM' NIfi+�l t44 U4 Ariti614 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR Iu CURR PR WELT BF I'W F.FN I-76 & WCR I 1 OF 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 /c., day of ATTEST: dirlin,1 v• �K1�0�� CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: Deputy Cle ; to t - Boar STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2017. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Julie A. Cozad, hair BOARD OF COUN COMMISSIONER JAN 1 6 2B17 OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS THE COUNLIY OF WELD. Witness my hand and official seal. My commission expires: tary Public CHLOE ALEXANDRA REMPEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164024038 MY COMMISSION EXPIRES JUNE 23, 2020 4271024 Pages: 5 of 5 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO X111 1�hLl II III oZo/6 a �7 Hello