The URL can be used to link to this page

Browse Search

Home My WebLink About20163503.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 74 REALIGNMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - BENJAMIN D. BROWN TRUST 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 Temporary Construction Easement for County Road 74 Realignment 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 Benjamin D. Brown Trust, 35954 CR 69, Briggsdale, Colorado 80611, 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 County Road 74 Realignment 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 Benjamin D. Brown Trust be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. C G PW C FG / TO" / on / H B ) I'D/I9/(Co 2016-3503 EG0073 PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CR 74 - BENJAMIN D. BROWN TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtttis, ";(4. Weld County Clerk to the Board BY:( % 9& Gv eeputy Clerk to the Board APP VED AS ttorney Date of signature: (1/30/ Mike Freeman, Chair Sean P. Conway, Pro -Tern Z Julie A. Cozad Steve Moreno 2016-3503 EG0073 Cai,vd GoL, MEMORANDUM TO: Clerk to the Board DATE: November 4, 2016 FROM: Jacqueline Hernandez -Barrow, Public Works Dept. SUBJECT: Agenda Item RE: WCR 74/SH 392 REALINGMENT PROJECT Approval of an Agreement between Weld County and the Benjamin D. Brown Trust for additional right-of-way and temporary construction easement. M:\DH-JHB\JOB FOLDER-2014\WCR 74-HWY392\ACQUISITION DOCUMENTS\BROWN\AGENDA MEMO.doc 2016-3503 O16 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 74 REALIGNMENT PROJECT, BETWEEN THE BENJAMIN D. BROWN TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this / day of , 2016, by and between The Benjamin D. Brown Trust, whose address is 35954 CR 69 Briggsdale Colorado 80611 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 a parcel of 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 realign and improve existing Weld County Road 74 and 69, which will involve said road construction, (hereinafter referred to as "WCR 74 Realignment Project" (the "Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Project, and WHEREAS, County will need said Temporary Construction Easements in order to construct the Project which is required in conjunction with said realignment, and WHEREAS, Owner wishes to cooperate with County in said road realignment 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 Two Thousand, One Hundred and no/100 Dollars, ($2,100.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements shown and/or described on Exhibit "B" (a copy of which is 1 of 5 4253663 Pages: 1 of 5 11/15/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO a PrdrinsigliTlitkiviirrieNfiikIliliibii Iiiiiiki II II off/(.,.351)3 attached hereto and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before October 24, 2016 the County shall pay the amount described in Paragraph Four "4" under COUNTY'S RIGHTS AND RESPONSIBILITIES set forth below. 4. 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. 5. 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. 6. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. This Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on October 1, 2018, or upon the completion of the Project, whichever is earlier. 8. 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. 9. Owner agrees to relocate the existing metal tube fence to the south line of the Temporary Construction Easement three (3) weeks prior to construction or County may remove said improvements. Owner further agrees to install the new permanent metal tube fence along that portion of the newly acquired right-of-way at the completion of construction. 10. 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. 11. Owner shall deliver the fully executed Warranty Deed for the Public Road Right -of - Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 2 of 5 4253663 Pages: 2 of 5 11/15/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •III !PAP 114:10:114 1 NAM II 12. 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 closing 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 Temporary Construction Easement. 13. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. 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/or Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and the Warranty Deed. 3. County shall at closing pay Twenty -One Thousand, Nine Hundred and Fifty and no/100 Dollars, ($21,950.00) to Owner for Damages/Cost to Cure. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. County shall pay Thirty -One Thousand, Six Hundred and Fifty -Five and no/100 Dollars ($31,655.00) to the Owner for the Public Road Right -of -Way, the Temporary Construction Easement and Damages/Cost to Cure by County warrant at the date of closing if Agreement is signed and returned on or before October 24, 2016. If the Agreement is not signed and returned on or before October 24, 2016, the County shall maintain its current offer of Fair Market Value of Twenty -Four Thousand, Three Hundred and Fifty and no/100 Dollars ($24,350.00) for the Public Road Right - of -Way, the Temporary Construction Easement and Damages/Cost to Cure by County warrants at the date of closing. 5. 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. 6. County shall notify Owner three (3) weeks prior to construction commencing on the Project and right-of-way described herein. 3 of 5 4253663 Pages: 3 of 5 11/15/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 ligiNir lirk'4C1A1' 14.0 riPIPM.Iiiilt# i'', ill BIM I 7. County shall construct a temporary fence along the outside boundary of the . Temporary Construction Easement where it will attach to the temporary metal tube fence described in Paragraph Nine "9" under OWNER'S RIGHTS AND RESPONSIBILITIES. At the conclusion of construction, the County shall install a new permanent right-of-way fence to attach to the permanent metal tube fence. The Owner shall be responsible for the subsequent maintenance of said fence. Once the project is complete, the County shall have no ongoing liability for damage to the fences that are unrelated to any work done by the County or County's Contractor during the project. MISCELLANEOUS: 1. 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. 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 4 of 5 4253663 Pages: 4 of 5 11/15/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO viiiFAIRWRIM hfirl l: 3,44h illitiUiMi lllilii Ill II the State of Colorado. 8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and • employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 9. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowners: BENJAMIN D. BROWN TRUST Benjamin & Debra Brown — Trustees By: Benj ami 4 44j3' D. Brown - Trustee ATTEST: ddritsil) BY: Deputy Cl k to t e Boar 111/15G/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IirdlifF VIVA IACIAiN. MILIAlkihilal4 11111 By: Debra J. Bauman Brown - Trustee BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair NOV 14 2016 5 of 5 RE: Doc # 2016-3503 MEMORANDUM TO: Clerk to the Board DATE: January 25, 2017 FROM: Jackie Hernandez -Barrow, Public Works Department SUBJECT: Consent Agenda Item Acceptance of Warranty Deed for Public Road Right -of -Way for certain improvements to WCR 74 Realignment Project at SH 392 with Benjamin D. Brown Trust. �a�%(T.flB/T.T/G) 01 -03 -I —I ao)(' -3503 66o073 WARRANTY DEED THIS DEED made this 00 day of , 2017 , between THE BENJAMIN D. BROWN TRUST, whose address 35954 R 69 Briggsdale, Colorado 80611 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: 35954 CR 69 Briggsdale, Colorado 80611 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. 4274714 Pages: 1 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell INFAZI ilerO I4.f I I�f �L� ICI tiE��Yk �I II I IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNERS: THE BENJAMIN D. BROWN TRUST By: - �• / �' ,c�.u�vc� /L Benj min D. Brown, Trustee State of Colorado ) )ss. County of Weld ) The foregoin instrument was acknowledged before me this J 9 day of 3 ail 20 17, by a,e,,,,Na mtrl �i ►R of JrI JACQUELINE HERNANDEZ-BARROW NOTARY PUBLIC STATE OF COLORADO 37 MYCOMMSS NOTARY XEXP$R0ESAUGU 1IZ,2017 My commission expires: 4274714 Pages: 2 of 10 C11Ca k and Recorder, Weld D 0 County, CO Carly KoPPes,ClIII Ell , Trustee. Witness my hand and official seal. 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: dalLeA/ 't1 CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY puty Clerk to the Board STATE OF COLORADO )ss COUNTY OF WELD , 2017. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Julie A. Cozad, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this 7 day of , 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS OF T4J E COUNT / OF WELD. 'JAN 302W Witness my hand and official seal. My commission expires: /.2//9/0tod 4274714 Pages: 3 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I��I�iVti''4�4'��L4RFi��h��i�rt��ilF14�Yi "Ill Notary P e'• lic CNEZYL LYNN KOFPNIAN NOTALVI NOTARY ID 201440460z-14 MY COMiIVIi SIGN L.XP RLS a :C. 19, 2018 �/� . .33 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-5 STA. 600+76.35 CL. to STA. 626+35.96 CL. (Center line of WCR 74) FROM Benjamin Brown Trust 35954 CR 69 Briggsdale, CO 80611 FOR Project Code: 19892 Project Number: STMC 030-057 Location: CR 74 @ S.H. 392 Purpose: Safety Improvements and CR 74 realignment 4274714 Pages: 4 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII ill:f 'i' i iiiiii iiirkl� ll'l'�I�irMilliiM 11111 EXHIBIT "A" PROJECT CODE: 19892 PROJECT NUMBER: STMC 030-057 PARCEL NUMBER: RW-5 DATE: November 16, 2015 LEGAL DESCRIPTION A parcel of land No. RW-5 of Weld County, and being part of the Department of Transportation, State of Colorado, Project Code 19892, Project Number STMC 030-057, containing 3.21 acres, more or less, in the Northwest One - Quarter of Section 2, Township 6 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows: BEGINNING at the North One -Quarter Corner of Section 2, Township 6 North, Range 63 West and being the TRUE POINT OF BEGINNING. 1. Thence South 01°02'29" East to a point on the existing southerly right-of-way line of Weld County Road 7Z (WCR 74) a distance of 30.02 feet; 2. Thence continuing South 01°02'29" East a distance of 20.01 feet; 3. Thence North 89°06'13" West a distance of 575.81 feet; 4. Thence South 31°03'06" West a distance of 147.68 feet; 5. Thence North 58°56'54" West a distance of 100.00 feet; 6. Thence North 31°03'06" East a distance of 89.59 feet; 7. Thence North 89°06'13" West to a point on the existing easterly right-of-way line of Weld County Road 69 (WCR 69) a distance of 1869.00 feet; 8. Thence North 00°03'19" East along said right-of-way line to a point on the existing southerly right-of-way line of WCR 74 a distance of 20.00 feet; 9. Thence continuing North 00°03'19" East to a point on the north line of said Northwest One -quarter a distance of 30.00 feet; 10. Thence South 89°06'13" East along said north line a distance of 2559.50 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 139,852.46 sf. (3.21 ac.), of which 76,665.60 sf. (1.76 ac.) are in existing right- of-way of the present road leaving a net area of 63,060.34 sf. (1.45 ac.), more or less. Basis of Bearings: All bearings are based on a grid bearing of the north line of the Northwest One -Quarter as bearing South 89"06'13" East a distance of 2559.50 feet from the Northwest corner to the North One -Quarter corner of Section 2, Township 6 North, Range 63 West and described as shown. 4274714 Pages: 5 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill rill'VIIIV 4Pili Ginili hi llif 0twMACIIIA II II 2 of 4 For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4274714 Pages: 6 of 10 02/01/2017 10:22 AM R Fee:$0.0 00 Fee:$0.00 Weouo Carly Koppes, Clerk and Recorder, X111 l��.I!'S'�4MI�i�l tii�rilligli 4'�I $11LiliiiiYlvh 5 I11 EXHIBIT -A S2-T6N-R63W -------ROW/SEC UNE-• EXISTING 60' ROW RECP.#220696 OCT. 28, 1915 WR69 L7 EXISTING 30' ROW SECTION LINE RESOLUTION BK.86/PG273 BENJAMIN BROWN TRUST PARC.#079902200001 RECP.#3904086 RW-5 ADDITIONAL RIGHT—OF—WAY ACQUIRED 63,060.34 sf.± OR 1.45 ac.± LINE TABLE LINE BEARING DISTANCE L1 S01'02'29"E 30.02' L2 $01'02'29"E 20.01' L3 S31'03'06"W 147.68' L4 N58'56'54"W 100.00' L5 N31'03'06"E 89.59' L6 N00'03'19"E 20.00' L7 NOO'03'19"E 30.00' —PL---- L6 20' —PL— — —PL- RIGHT-OF-WAY ACQUISITION B. BROWN TRUST 4274714 Pages: 7 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO sro6'13"W 1869.00' Z co N89'06'13"W 57 1 \ \ N. \ NW CORNER \, . \ \$2-T6N-R63W � — \ 3\'rA.C. IN BOX\ \ \ .\ \ 7\ \ / 4" Nc \. •• \., '4 \ \ '9764),p • a a EXISTING 6O' •ROW' \ • '•\ FEB. 11, 1916 • \ onm BK 14 -PG 563 0 PL -1 BK _ 83 -PG 375 \ RD1OO/631 (61PL PL PL N m r,- EXISIING ROW r�, 1.76 act %I EXISTING 60' ROW RECP.#86028 JUL. 16, 1902 T.P.O.B. N 1/4 CORNER S2-T6N-R63W #6 REBAR NO CAP • 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 WCR 74 REALIGNMENT PROJECT AT STATE HIGHWAY 392 PROJECT NO: GR-17 SCALE: 1":200 DATE: 11-16-15 BY: JHB SHEET: 4 of 1111 11111 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-6 STA. 406+59.80 CL. to STA. 412+50.51 CL. (Center line of WCR 69) FROM Benjamin Brown Trust 35954 CR 69 Briggsdale, CO 80611 FOR Project Code: 19892 Project Number: STMC 030-057 Location: CR 74 @ S.H. 392 Purpose: Safety Improvements and CR 74 realignment 4274714 Pages: 8 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIll 1 ii1C lildi 1'G4TI �Ilh1liCa �lliki "III EXHIBIT "A" PROJECT CODE: 19892 PROJECT NUMBER: STMC 030-057 PARCEL NUMBER: RW-6 DATE: November 16, 2015 LEGAL DESCRIPTION A parcel of land No. RW-6 of Weld County, and being part of the Department of Transportation, State of Colorado, Project Code 19892, Project Number STMC 030-057, containing 0.73 acres, more or less, in the Northeast One - Quarter of Section 3, Township 6 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the Northeast Corner of Section 3, Township 6 North, Range 63 West; Thence South 00°03'19" West along the east line of said Northeast One -Quarter a distance of 47.21 feet; Thence departing said line North 89°56'41" West to a point on the existing westerly right-of-way line of Weld County Road 69 (WCR 69) a distance of 60.00 feet and being the TRUE POINT OF BEGINNING. Thence continuing along said westerly right-of-way line the following (3) courses; 1. Thence South 00°03'19" West a distance of 470.84 feet; 2. Thence North 89°08'38" East a distance of 30.00 feet; 3. Thence South 00°03'19" West a distance of 120.08 feet; 4. Thence departing said line South 89°09'47" West a distance of 80.01 feet; 5. Thence North 00°03'19" East to a point on the existing easterly Weld County right-of-way line which runs parallel to State Highway 392 a distance of 541.74 feet; 6. Thence North 45°05'07" East along this right-of-way line a distance of 70.67 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 31,920.44 sf. (0.73 ac.), more or less. Basis of Bearings: All bearings are based on a grid bearing of the east line of the Northeast One -Quarter as bearing South 00°03'19" West a distance of 2574.24 feet from the Northeast corner to the East One -Quarter corner of Section 3, Township 6 North, Range 63 West and described as shown. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4274714 Pages: 9 of 10 02/01/2017 10:22 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII ��n :i nf'irri' I L' I ILdk�rl 1l '1 "Ill 2 of 3 EXHIBIT -A S3-T6N-R63W • /+� / _ _ - /T.P.O.B. /' $. /' BENJAMIN BROWN TRUST PARC.#079903 100017 RECP.#3904086 RW-6 ADDITIONAL RIGHT—OF—WAY ACQUIRED 31,920.44 sf.± OR 0.73 ac.± PL -I N00'03'19 -E 541.74 60' S89'09'47"W 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. RIGHT-OF-WAY ACQUISITION B. BROWN TRUST WCR 74 WELD COUNTY, COLORADO I Q {EXISTING 60ROW 1 RECP.#562361 JUL. 14, 1928 WCR 74 -P.0.6.-NE CORNER - S3-T6N-R63W EXISTING 60' ROW 3 Y4" A.C• IN BOX RECP.#86028 JUL. 16, 1902 EXISTING 30' ROW SECTION UNE TION BK.86/PG273 SECTION LINE AND EAST RIGHT-OF-WAY UNE O O IN I EXISTING 60' ROW --+--�—RECP.#220696 OCT. 28, 1915 EXISTING 60' ROW RECP.#220696 OCT. 28, 1915 E 1/4 CORNER S3-T6N-R63W 2 X" A.C. LINE TABLE LINE BEARING DISTANCE L1 S00'03'19"W 47.21' L2 N89'56'41 "W 60.00' L3 N89'O8'38"E 30.00' G 61 li 0 0 o° 0 :443 X6ID _EN 3 Ovo� ticr or� 'a as 19N � dN so- my r N N•=• NN o I,m a WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 REALIGNMENT PROJECT AT STATE HIGHWAY 392 PROJECT NO. GR-17 SCALE: l"=10O DATE: 11-16-15 BY: JHB SHEET: 3 of 3 Hello