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Home My WebLink About20160206.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -JOHN AND DEE SMITH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way 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 John and Dee Smith, 11250 County Road 49, Hudson, CO 80643-9606, 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 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 John and Dee Smith, 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. 2016-0206 EO0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 -JOHN AND DEE SMITH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Welled& �C�4tx Mike Freeman, Chair Weld County Clerk to the Board .� • Se . Conway, Pr BY: 0,10,_ aiJ\ l' ��.�r� ty Clerk to the oard � ` �� E (11441,00 lie A. Cozad APP: . . : DASj�- :..M: 1361� ar Kirkmeyer Cou Attorney Steve Moreno Date of signature: 2016-0206 EG0073 1861 MEMORANDUM TO: Clerk to the Board DATE: 1/12/2016 1J � .--c o-u N YyY .S E��l ED FROM: Tiffane Johnson RE� Public Works Department 916SAN 3 SUBJECT: Agenda Item ENE M' 'OQU�NERS COM Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to WCR 49 with John and Dee Smith. M:\Francie\AGENDA memos\Agenda-TitT-2.doc 2016-0206 �el • r ' AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN John Smith and Dee Smith AND WELD COUNTY, COLORADO ,THIS AGREEMENT is made this 2/lid-ay of £ 54- QQ11JA, 2015, by and between John Smith and Dee Smith, whose address is 11250 County Road 49, Hudson CO 80642-9606, 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 a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("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 Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand, Four Hundred Fifty Five and 00/100 Dollars, ($3,455.00). 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 4174808 Pages: 1 of 14 016'' dlo 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ownk��ri�ti�� "Ill "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Seven Hundred Fifty Seven and 50/100 Dollars, ($757.50). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit"C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four Hundred Fifty Four and 50/100 Dollars, ($454.50). 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 September 24,2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. Owner agrees to grant a Permanent 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 the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 10. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 4174808 Pages: 2 of 14 01/22/2016 03: 9 PM Carly Koppes, Clerk and Recorder$,0W0 d County, CO Page 2 of VI k��.rL' _K'�� t'Fi�jM�1 � II "III • 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way 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 Eleven Thousand, Seven Hundred Seven Dollars ($11,707.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before September 24, 2015. If the agreement is not signed and returned on or before September 24, 2015, the County shall maintain its current offer of Fair Market Value of Ten Thousand, Three Hundred Seven Dollars ($10,307.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. 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 subsequent maintenance on the permanent right of way fence, after it has been installed. 4174808 Pages: 3 of 14 01/22/2016 03:39 PM R Fee:$0.00 $0.00 Page 3 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO III III MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4174808 Pages: 4 of 14 Fee: .00 Dar 22/2016,03:39k alnd Recorderr Weld County, CO 1111 KINTILVI VIIIII 61 I 11414:i:IWIlilAki 111 Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: John mith an e Smith By: Title: By: ' � Title: ATTEST: diz/ j 0:‘,,k, BOARD OF COUNTY COMMISSIONERS Weld C t' t Clerk to the Bo,rd WELD COUNTY, COLORADO BY: Deputy Cler! to t e Bo Mike Freeman;Chair JAN 1 8 Z®1 La APPROVED AS TO F D ; •`-1412 APPROVED AS STANCE: Ito Controller ` /1;>1 Electe cial or epartment Head APPROVED AS TO FORM: N/ A Director of General Services County Attorney 4174808 Pages: 5 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly�Koppes, Clerk``' Bqand Recorder,o Weld County, CO W'` uvi nun i' ih woad � i�i1Yi ,�I�I Page 5 of 5 PHOTO EXHIBIT . ... , , ,,, .... . ... • . . , . )]I ..... • r•� , • . fit•' • �-• 44 II • ittisi 2,),C..., • tilliqiiit It , roe NDY & CATHERINE EVAN C' ii .-.11, '' tar r- t ' , h , . Oil•;4 issapossommos. % l I1 .y; W 1 /4 CORNER ice : • *� _ ball. S6— T2N — R64W a 0 ,,,,, ,, 4 ' " "" Ya.� 20 TEMPORARY EASEMENT , h' s Mew t 'e ►. 26, 403s.f.± OR 0.606ac. ± • b• , 7-• 4 '.1` p. kii . • D .sC I ' a t 't • • 14 / 41/ w. .� 40 EXISTING RIGHT- OF- WAY i. r f • �., ( BOOK 1046 PAGE 9) :• ' . . 4 , / _ :, ALVIN DECHANT JR. 4. ilit I s is , "" ' I ;7 ., ,. . ‘, I. Wir •t % _ ilk 40t4 ' 20' PERMANENT EASEMENT - sE 1/4 � 4 � • . _ � : ; - 26, 403s. f. ± OR 0. 606ac. ± r 51 T2N R6 5W 4. ► a t p t. fr .. si . it E � . DEE & JOHN • • :::— 4 . P .... . . . .. vt,..p.„J.:,..,,,. .:.., . I Oltil ti- ilirs viii1 Ib 1/2 SI W S W 1/4 ' '° S6-T2N-R64W .,: . � _ • I '4 4. Itar,. •4 .01# � al `t.: / gra ' '` .ft. . • . �: ADDITIONAL RIGHT- OF- WAY _ ° f`* ` ₹ i 60,187s. f. ± OR 1 . 382ac. t YOF 0S 1 /16TH CORNER 1 ' ;if �; S6— T2N— R64W = t ►4. a — N — R65W 4 •. .• . ' A4 _ � _, .. b . •j I I ,q,,, _ • { WOODMEN OF THE WORLD r TOD MOORE LOT A RE 1305-6-3-RE-3048 ',� LOT B RE 1305-6-3-RE-3048 • t ' �j[d a Aor%'a, • ' �, * * pst ✓'` 3 SW CORNER 1 S6 -T_ 2N - R64W 'y WELD COUNTY DEPARTMENT �A. PHOTO EXHIBIT , ta r 0 OF PUBLIC WORKS R 49 CORRIDOR PROJECT 19 r . WCR BETWEEN WCR(s) 24 & 26 SMITH KING SURVEYORS PROJECT NO : SRP-26 SCALE : 1 "-2501 WCR 49 650 E. Garden Drive I \C'indsor, Colorado 80550 WELD COUNTY. COLORADO phone: (970) 686-5011 I email: info@hingSun-cyors.com DATE : 4- 10- 15 DRAWN BY: CDL SHEET: 1 of 1 4174808 Pages : 6 of 14 01 / 22 / 2016 03 : 39 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO III lo ,.., r , ItIL i ' j , « lli' l�� iM i4„lllFlij.thii, l ,, ,: l , 11r ii,,,i,� � ,, iM h � EXHIBIT-A 19-SMITH-ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half (N1/2) of Lot No. 4 of the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld. State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebor with a 3 3i" diameter aluminum cap stomped 1.S13155, 1999" at the South end and by a #6 rebar with a 2" diameter aluminum cap stomped `LS25937, 2001" at the North end, as bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 00'30'12" West along the West line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 1320.25 feet to the Southwest corner of the North Half (N1/2) of said Lot No. 4; THENCE North 88'39'43" East along the South line of the North Half (N1/2) of said Lot No. 4 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6, said point being the POINT OF BEGINNING; The following Two (2) courses and distances are along said East Right—of—way line: THENCE North 00'30'12" West a distance of 1319.67 feet; THENCE North 00'30'35" West a distance of 0.52 feet to the North line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 88'44'37" East along the North line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 30.06 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 622.04 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 0216'49" and a long chord bearing South 01'50'06" East a distance of 622.00 feet; THENCE South 02'58'30" East a distance of 18.88 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 679.24 feet to the South line of the North Half (N1/2) of said Lot No. 4, said curve having a radius of 15770.00 feet, a central angle of 02'28'04- and a long chord bearing South 01'44'28" East a distance of 679.19 feet; THENCE South 88'39'43" West along the South line of the North Half (N1/2) of said Lot No. 4 a distance of 60.01 feet to the POINT OF BEGINNING. Said parcel of land contains 60,187 sq. ft. or 1.382 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 Forty (40) feet of the North Half (N1/2) of said Lot No. 4. Said existing Right—of—way contains 52,809 sq. ft. or 1.212 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. O C ... < • 38106 yof Michael Cho. '—''�` Sn Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 14 le, OF PUBLIC WORKS RW-19 � ►: WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 650 E.Garden Dove I IN tnd>r,r,Colorado 80550 WELD COUNTY.COLORADO phone:(970)686.9011 I email:Info@KmpSurveyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 2 4174808 Pages: 7 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Eli/112k �l'�khalhl1�J��i�ti�l tI III EXHIBIT-A j I W1/4 CORNER S6-T2N-R64W I ' i FOUND #6 REBAR WITH LINE TABLE 2" ALUMINUM CAP STAMPED LS 25937 2001 LINE BEARING LENGTH L3 IN MON. BOX L1 N88'39'43"E 40.00' L2 is5 L2 NO0'30'35"W 0.52' i 3' ELECTRIC EASEMENT L3 N88'44'37"E 30.06' I - TO COLORADO CENTRAL POWER COMPANY (BOOK 1249 PAGE 241)Ch L4 S02'58'30"E 18.88' L5 S88'39'43"W 60.01' 3 ADDITIONAL RIGHT-OF-WAY f--"- 60,187s.f.± OR 1.382ac.± 1 co !i CURVE TABLE Z CURVE LENGTH RADIUS DELTA CHORD CH BEARING 1 a2 m N4 C1 622.04' 15630.00' 216'49" 622.00' S01'50'06"E o ro) C2 679.24' 15770.00' 2'28'04" 679.19' S01'44'28"E N o 0 En a 00 40'EXiS77NG RIGHT—OF—WAY (BOOK 1046 PAGE 9) NOTICE ALVIN inAccording to Colorado low you must commence DECHANT JR. ov DEE & JOHN SMITH any legal action based upon any defect in this SE 1/4 N PARC.#130506000028 survey within three years after you first discover 51-T2N-R65w such defect In no event may any action based RECP.#2263734 upon any defect in this survey be commenced U more than ten years from the date of the iV certification shown hereon. (13-80-105 C.R.S. 2012) ID POINT OF BEGINNING SW 1/4 '.`, $6-T2N-R64W O O z 60'INGRESS AND EGRESS EASEMENT NOTE: This exhibit drawing is not intended to I (REC. NOs. 1627199, 1821893 & 2834061)1 be o monumentalized land survey. It's sole L purpose is as a graphic representation to aid written 1r,(J in the visualization of the ftten property description which it accompanies. The written L5 S1/16 CORNER property description supersedes the exhibit I S6-T2N-R64W I drawing. i. ICs4.Ni S1-T2N-R65W O d FOUND #6 REBAR WITH r,n N 2.5" ALUMINUM CAP z EN�- STAMPED LS 23027 2001 W�00E uMORLDF i TOD MOORE LOT B RE I LOT A RE 1305-6-3-RE-3048 1305.6-3-RE-3048 I SW CORNER S6-T2N-R64W 1i FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED r-LS 13155 1999 IN MON. BOX POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 4a Pe,0 OF PUBLIC WORKS CRw-i) \� ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=250' WELD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 phone:(970)606-5011 I email infu@KingSurveyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 oft 4174808 Pages: 8 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIII railrillIL kiRIVI IIIIIir ah0k 1I5.01 I'I'h BM I EXHIBIT-B 19-SMITH-PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being port of the North Half (N1/2) of Lot No. 4 of the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebor with a 3 X" diameter aluminum cap stamped "LS13155, 1999" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped `LS25937, 2001" at the North end, os bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 00'30'12" West along the West line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 1320.25 feet to the Southwest corner of the North Half (N1/2) of said Lot No. 4; THENCE North 88'39'43" East along the South line of the North Half (N1/2) of said Lot No. 4 a distance of 40.00 feet to the East Right—of—way line of Weld County Rood No. 49, said East Right—of—way line being Forty (40) feet, os measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6; The following Two (2) courses and distances are along said East Right—of—way line: THENCE North 00'30'12" West a distance of 1319.67 feet; THENCE North 00'30'35" West a distance of 0.52 feet to the North line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 88'44'37" East along the North line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 30.06 feet to the POINT OF BEGINNING; THENCE continuing North 88'44'37•' East along the North line of the Southwest Quarter (SW1/4) of said Section 6 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 621.44 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 02'16.51" and a long chord bearing South 01.50'05" East a distance of 621.40 feet; THENCE South 02'58'30" East a distance of 18.88 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 679.81 feet to the South line of the North Half (N1/2) of said Lot No. 4, said curve having a radius of 15790.00 feet, a central angle of 02'28'00" and a long chord bearing South 01'44'30" East a distance of 679.76 feet; THENCE South 88'39'43" West along the South line of the North Half (N1/2) of said Lot No. 4 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 West a distance of 679.24 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 0228'04" and a long chord bearing North 01'44'28" West a distance of 679.19 feet; THENCE North 02'58'30" West a distance of 18.88 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the Eost a distance of 622.04 feet to the POINT OF BEGINNING, said curve having a radius of 15630.00 feet, a central angle of 0216'49" and a long chord bearing North 01'50'06" West a distance of 622.00 feet; Said strip of land contains 26,403 sq. ft. or 0.606 acre, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. ?ix • G SP I i ce 38106 yo : n �: /tom L Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 PERMANENT EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 44 e, OF PUBLIC WORKS FTI J. ►1. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY.COLORADO Gin E. d Garden Doc 11 inor,Colorado 80550 phone:(9?0;686-5'111 ,mal"nio@K'ngSu, vor om DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 2 4174808 Pages: 9 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ': 11 III • EXHIBIT-B W1/4 CORNER S6-T2N-R64W NO1ICE i ' i FOUND #6 REBAR WITH 2" ALUMINUM CAP According to Colorado low you must commence any legal action based upon any defect in this STAMPED LS 25937 2001 survey within three years after you first discover L3 IN MON. BOX such defect. In no event may any action based upon any defect in this survey be commenced 4 more than ten years from the dote of the L2 certification shown hereon. (13-80-105 C.R.S. POINT OF BEGINNING 2012) I 3' ELECTRIC EASEMENT NOTE: This exhibit drawing is not intended to i TO COLORADO CENTRAL POWER COMPANY be a monumentalized land survey. It's sole (BOOK 1249 PAGE 241) purpose is as a graphic representation to aid T in the visualization of the written property 20' PERMANENT EASEMENT description which it accompanies. The written ljI 26,403s.f.± OR 0.606ac.E property description supersedes the exhibit 1 Id' U CURVE TABLE U i CD I CURVE LENGTH RADIUS DELTA CHORD CH BEARING U, z IM C1 621.44' 15610.00' 2'16'51" 621.40' S01'50'05"E w= � 7 5 C2 679.81' 15790.00' 2'28'00" 679.76' SO1'44'30"E m'CNI Io C3 679.24' 15770.00' 2'28'04" 679.19' N01'44'28"W N o i C4 622.04' 15630.00' 216'49" 622.00' N01'50'06"W CO•z a . i m 40'EXISTING RIGHT--OF-WAY ALVIN (BOOK 1046 PAGE 9) LINE TABLE DECHANT JR. oil - I DEE & JOHN SMITH Sl-7E 1/4 N D . PARC.#130506000028 LINE BEARING LENGTH RECP.#2263734 L1 N88'39'43"E 40.00' SW 1/4 L2 N00'30'35"W 0.52' r)j� ' 56-T2N-R64W o I L3 N88'44'37"E 30.06' z 60'INGRESS AND EGRESS EASEMENT L4 N88'44'37"E 20.00' (REC. NOs. 1627199, 1821893 & 2834061)1 L 6 L5 S02'58'30"E 18.88' ' S1/16 CORNER L6 S88'39'43"W 20.00' 3 I S6-T2N-R64W 1 ".NI S1-T2N-R65W L7 NO2'58'30"W 18.88' FOUND #6 REBAR WITH M a 2.5" ALUMINUM CAP WOODMEN OF o �I STAMPED LS 23027 2001 THE LOT WORLD I TOD MOORE 1305-6-3-RE-3048 LOT A RE 1305-6-3-RE-3048 SW CORNER S6-T2N-R64W 1._ W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED -LS 13155 1999 IN MON. BOX POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT PERMANENT EASEMENT .A•. ACQUISITION �4 peg OF PUBLIC WORKS PE-19 \� ►" . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' 650 E.Carden Drive I Windsnr,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 I email:info@KingSuncyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 of 2 4174808 Pages: 10 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 kIr1trI NAti I:Iriri:PPICItt'IM OVOIVIM' ilia i II III • EXHIBIT-C 19-SMITH-TE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half (N1/2) of Lot No. 4 of the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T2N.), 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 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebar with a 3 J4" diameter aluminum cap stamped `LS13155, 1999" at the South end and by a #6 rebar with o 2" diameter aluminum cop stomped `LS25937, 2001" at the North end, as bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 00'30'12" West along the West line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 1320.25 feet to the Southwest corner of the North Half (N1/2) of said Lot No. 4; THENCE North 88.39'43- East along the South line of the North Half (N1/2) of said Lot No. 4 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6; The following Two (2) courses and distances are along said East Right—of—way line: THENCE North 00'30'12" West a distance of 1319.67 feet; THENCE North 00'30'35" West a distance of 0.52 feet to the North line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 88'44'37" East along the North line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 30.06 feet to the POINT OF BEGINNING; THENCE continuing North 88'44'37" East along the North line of the Southwest Quarter (SW1/4) of said Section 6 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 621.44 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 02'16'51" and a long chord bearing South 01.50'05" East a distance of 621.40 feet; THENCE South 02'58'30" East a distance of 18.88 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 679.81 feet to the South line of the North Half (N1/2) of said Lot No. 4, said curve having a radius of 15790.00 feet, a central angle of 02.28'00" and a long chord bearing South 01'44'30" East a distance of 679.76 feet; THENCE South 88'39'43" West along the South line of the North Half (N1/2) of said Lot No. 4 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 West a distance of 679.24 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'28'04" and o long chord bearing North 01'44'28" West o distance of 679.19 feet; THENCE North 02'58'30" West a distance of 18.88 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 622.04 feet to the POINT OF BEGINNING, said curve having a radius of 15630.00 feet, a central angle of 02'16'49" and a long chord bearing North 01'50'06" West a distance of 622.00 feet; Said strip of land contains 26,403 sq. ft. or 0.606 acre, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. r .00 L!0 r Q , - q• ti • cC � 38106 ›. 0 , OrvA L L P �= Michael Chad Di ' — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT �� i► OF PUBLIC WORKS ACQUISITION TE-i9 .\\k„ ►:. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Garden Drove Windsor,Colorado 80559 WELD COUNTY.COLORADO phone:(970)686.5911 p email info@IiingSon-cyan..eom DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 2 4174808 Pages: 11 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III VIM!N�'ilONGM�,G��I h ll.0,II#UTE',1 "III EXHIBIT-C j • , W1/4 CORNER S6—T2N—R64W N011cE i ' i FOUND #6 REBAR WITH 2" ALUMINUM CAP According to Colorado law you must commence any legal action based upon any defect in this STAMPED LS 25937 2001 survey within three years after you first discover L3 IN MON. BOX such defect. In no event may any action based upon any defect In this survey be commenced 4 more than ten years from the date of the s, L2 certification shown hereon. (13-80-105 C.R.S. POINT OF BEGINNING 2012) I i 3' ELECTRIC EASEMENT I • l TO COLORADO CENTRAL POWER COMPANY NOTE: This exhibit drawing Is not intended to be a monumentalized land survey. It's sole (BOOK 1249 PAGE 241) purpose is os a graphic representation to aid in the visualization of the written property 20' TEMPORARY EASEMENT descrption which it accompanies. The written I 26,403s.f.± OR 0.606ac.± property p � description supersedes the exhibit g. I ' i- CURVE TABLE I t• CURVE LENGTH RADIUS DELTA CHORD CH BEARING DI moo, z Id I.- C1 621.44' 15610.00' 2'16'51" 621.40' SO1'50'05"E w=3i 7 5 C2 679.81' 15790.00' 2'28'00" 679.76' SO1'44'30"E m •N lo C3 679.24' 15770.00' 228'04" 679.19' N01'44'28"W N ol C4 622.04' 15630.00' 2'16'49" 622.00' N01'50'06"W IT)•z a. I m 40'EXISTING RIGHT-OF-WAY ALVIN 7)l (BOOK 1046 PAGE 9) LINE TABLE DECHANT JR. d- I DEE & JOHN SMITH SE 1/4 CO- PARC.#130506000028 LINE BEARING LENGTH S1-T2N-R6SW N Ire) C4 RECP.#2263734 L1 N88'39'43"E 40.00' l SW 1/4 i L2 N0010'35"W 0.52' M $6-T2N-R64W o I L3 N88'44'37"E 30.06' z 60' INGRESS AND EGRESS EASEMENT L4 N88'44'37"E 20.00' i • (REC. NOs. 1627199, 1821893 & 2834061)1 L 6 L5 S02'58'30"E 18.88' S1/16 CORNER L6 S88'39'43"W 20.00' 3 I S6-T2N-R64W Ni S1-T2N-R64W L7 NO2'58'30"W 18.88' FOUND #6 REBAR WIT-I WOODMEN OF M Nl 2.5" ALUMINUM CAP o `� STAMPED LS 23027 2001 THE WO D T B RE I TOD MOORE 1305-6-3-RE-3048 LOT A RE I 305-6-3-RE-3048 � SW CORNER S6-T2N-R64W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED rLS 13155 1999 IN MON. BOX I POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT TEMPORARY EASEMENT •A•- ACQUISITION is Pry OF PUBLIC WORKS TE-19 \� ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 650 E.Carden Dove I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone(970)606-5011 i matt info@NinOurvecon.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 of 2 4174808 Pages: 12 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell FRIQ N i'IffilNK@fiiI#il+LARFIP Ul Y), II II RECORDING INFORMATION ABOVE R/W# 19 GRANT OF EASEMENT John Smith and Dee Smith, GRANTOR(whether one or more), whose address is 11250 Weld County Road 49, Hudson, CO 80642, in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC.,GRANTEE,whose address is 500 Cooperative Way,Brighton,Colorado 80603,its successors and assigns, a perpetual easement and the right to construct,operate,maintain,replace,enlarge,reconstruct, improve, inspect,repair and remove utility,electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under,and across the following described property in the County of Weld,State of Colorado to-wit: Easement description as set forth in Exhibit"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 J. lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace,enlarge,reconstruct, improve,inspect,repair and remove utility,electrical and communications facilities and all fixtures and devices appurtenant thereto,and the right to remove any objects interfering therewith, including but not limited to,the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy,use,and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement,inspection,repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install,or permit the installation of,any buildings or permanent structures or facilities of any kind on,over,under,or across said easement without the prior written approval of Grantee. Upon completion of construction,Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees,licensees,contractors and permitees. 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. 4174808 Pages: 13 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO W/O# Map No.: Part of Section 6,Township 2N,Range 64W, 6`h P.M.,County of Weld,State of Colorado V SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: BY: STATE OF COLORADO ACKNOWLEDGEMENT COUNTY OF WELD I, , a Notary Public for said County and State, do hereby certify that John Smith and Dee Smith 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: 4174808 Pages: 14 of 14 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III t��'��M�':4 ' l�.a'ZJF�II'rw��W��Irk�+� YL�� II III W/O# Map No.: Part of Section 6,Township 2N,Range 64W, 6`h P.M.,County of Weld,State of Colorado .8:N....1,1# MEMORANDUM r apl L r TO: Clerk to the Board DATE: 2/12/2016 160UNTY FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-0206 Warranty Deed with John and Dee Smith for WCR 49 project. RECEIVED FEB 1220$ WELD COUNTY COMMI SSIONERS M FrancieAGENDA memos\Agenda-WarrantyDeed.doc CA t " °IlindAj ; Iry dims,- to a - 02.'0202- bGom-73 .3/3l,2aits WARRANTY DEED THIS DEED made this 00 day of , 20) , between John Smith and Dee Smith, whose address is 11240 Weld County Road 49, udson, CO 80642, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A" Also known as: 11240 Weld County Road 49, Hudson, CO 80642. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights- of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4183068 Pages: 1 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO El KIWI II„ irl:10,K All151 hill LLVIUI h�ti;'Y4rh iI II IN TN THEREOF the grantor has executed this deed on the date set forth above. John S ith, Owner ,,<9.)-e. 4 Dee Smith, Owner State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this // day of Alieuar , 20 i4, by John Smith and Dee Smith. JAMES R.FLESHER Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: ID //9' 4183068 Pages: 2 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII WAIL iatrJ��I C t M� Ni;�Y4rh 11 II 1 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). ��nq' Dated this day ofirJ)rIJaLrj , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Deputy 1:j, o the Board ; 4,` % Mike Freeman, Chair Ism =�rN FEB 2 2 2016 STATE OF COLORADO ) Fr )ss COUNTY OF WELD he foregoing instrument was acknowledged before me this day of 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONE S OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Publi My commission expires: /72//y �// / CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4183068 Pages: 3 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO a�Pllo- doh$ EXHIBIT-A 19-SMITH-ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half (N1/2) of Lot No. 4 of the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebar with a 3 X." diameter aluminum cap stamped 'LS13155, 1999" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped 'LS25937, 2001" at the North end, as bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 00'30'12" West along the West line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 1320.25 feet to the Southwest corner of the North Half (N1/2) of said Lot No. 4; THENCE North 88'39'43" East along the South line of the North Half (N1/2) of said Lot No. 4 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6, said point being the POINT OF BEGINNING; The following Two (2) courses and distances are along said East Right—of—way line: THENCE North 00'30'12" West a distance of 1319.67 feet; THENCE North 00'30'35" West a distance of 0.52 feet to the North line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 88'44'37" East along the North line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 30.06 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 622.04 feet to a Point of Tangency (PT), said curve having a radius of 15630.00 feet, a central angle of 0216'49" and a long chord bearing South 01'50'06" East a distance of 622.00 feet; THENCE South 02'58'30" East a distance of 18.88 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 679.24 feet to the South line of the North Half (N1/2) of said Lot No. 4, said curve having a radius of 15770.00 feet, a central angle of 02'28'04" and a long chord bearing South 01.44'28" East a distance of 679.19 feet; THENCE South 88'39.43" West along the South line of the North Half (N1/2) of said Lot No. 4 a distance of 60.01 feet to the POINT OF BEGINNING. Said parcel of land contains 60,187 sq. ft. or 1.382 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 Forty (40) feet of the North Half (N1/2) of said Lot No. 4. Said existing Right—of—way contains 52,809 sq. ft. or 1.212 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. ,o IC• • 1I, U �P • -1) 38106 y on • J3S �1 °A/AL LF .� Michael Cho� -'''`�� s n Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106, RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 4. e.•0 OF PUBLIC WORKS RW 19 til . . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 SMITH KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 WELD COUNTY,COLORADO 650 E.Carden Dove I \Vindsor,Colorado 80550 phone:(970)686-5011 I cmaikinfon ingSarvcyors.com DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 of 2 4183068 Pages: 4 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell kihlialll l My �Y4�h 1I 111 EXHIBIT-A - i W1/4 CORNER S6-T2N-R64W i - i FOUND #6 REBAR WITH LINE TABLE 2" ALUMINUM CAP STAMPED LS 25937 2OO1 LINE BEARING LENGTH L3 IN MON. BOX L1 N88'39'43"E 40.00' L2 L2 NOO'3O'35"W 0.52' i 3' ELECTRIC EASEMENT L3 N88'44'37"E 30.06' I _ TO COLORADO CENTRAL POWER COMPANY (BOOK 1249 PAGE 241) L4 SO2'58'3O"E 18.88' NtihCIN L5 S88'39'43"W 60.01' ADDITIONAL RIGHT-OF-WAY III-------6O,187s.f.± OR 1.382ac.± 1 I m CURVE TABLE o re) z CURVE LENGTH RADIUS DELTA CHORD CH BEARING m N4 C1 622.04' 15630.00' 216'49" 622.00' SO1'5O'O6"E o M C2 679.24' 15770.00' 2'28'O4" 679.19' SO1'44'28"E N o O F.4 z a m 40'EXIST7NG RIGHT-OF-WAY - (BOOK 1046 PAGE 9) NOTICE ALVIN in O� DEE & JOHN SMITH According to Colorado low you must commence DECHANT JR. r any legs action based upon any defect In this SE 1/4 N PARC.#130506000028 survey within three years after you first discover Si-T2N-R65w such defect. In no event may any action based upon any defect In this survey be commenced N RECP.#2263 734 more this" ten years from the date of the Ucertification shown hereon. (13-80-105 C.R.S. csi 2012) b POINT OF BEGINNING SW 1/4 :`) S6-T2N-R64W O O Z 60' INGRESS AND EGRESS EASEMENT NOTE: This exhibit drawing is not intended to I (REC. NOs. 1627199, 1821893 & 2834061)1 be a monumentdized land survey. It's sole L purpose is as a graphic representation to aid in the visualization of the written property I description which It accompanies. The written L5 St/16 CORNER property description supersedes the exhibit i - I S6-T2N-R64W �'� Imo.Nl S1-T2N-R65W . l"o FOUND #6 REBAR WITH r) N 2.5" ALUMINUM CAP '- STAMPED LS 23O27 2OO1 WOODMEN OF iz I THE WORLD i I TOD MOORE LOT B RE I I LOT A RE I 305-6-3-RE-3048 1305-6-3-RE-3048 i 1 SW CORNER S6-T2N-R64W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED -LS 13155 1999 IN MON. BOX POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT 4a Pe" PUBLIC WORKS ACQUISITION cip kil . . WCR 49 CORRIDOR PROJECT sNik. BETWEEN WCR(s)24&26 SMITH KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=250' WCR 49 650 E.Garden Drive I Windsor,Colorado 80550 uicr n of-NTT-10W n.rTv onr n no n n - -mail:info@KingSurveyors.com•ors.com@- gS e} DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 of 2 4183068 Pages: 5 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIII PilifFilliailillithillihilliisiliAlilifirliiiikiiiiiii BM Hello