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Home My WebLink About20161392.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - E. JEAN SWARTZ 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 Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to County Road 49, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works and E. Jean Swartz, 636 Cheyenne Drive, Unit 27, Fort Collins, Colorado 80525, with terms and conditions being as stated in said agreement, or the completion of said project, whichever is earlier, 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 Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to County Road 49, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and E. Jean Swartz be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. C. C?-'? -‘1° 2016-1392 EG0073 AGREEMENT TO PURCHASE PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT - CR 49 - E. JEAN SWARTZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: -. :AttAseli �Clto+e� d I `qua Mike Freeman, Chair Weld County Clerk to the Board BY: i Sean P. Conway, Pro-Tem , �— . 1 ��r� Dep ty Clerk to the Board�� lE lla.° � ozad AP V iA : ism •ara Kirkmey r 'ounty Attorney �`( � 1�� -w-'�� i' kze Steve Moreno Date of signature: 4214(42 2016-1392 EG0073 RECEIVED MEMORANDUM APR 1 8 2016 IOC Tr WELD COUNTY COMMISSIONERS TO: Clerk to the Board DATE: 4/15/2016 UI -r— _ FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with E. Jean Swartz. M:\Francie\AGENDA memos\Agenda-Tiff-I.doc 2016-1392 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN E. JEAN SWARTZ AND WELD COUNTY, COLORADO rl THIS AGREEMENT is made this i ' day of A p2 1 L , 2016, by and between E. Jean Swartz, whose address is 636 Cheyenne Drive, Unit 27, Fort Collins CO 80525, 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 a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve 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 Fifteen Thousand Seven Hundred Seventy Seven Dollars, ($15,777.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit"B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand Six Hundred Three Dollars ($1,603.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4198736 Pages: 1 of 16 0,20/‘, —/39-2- 04/27/2016 11 :00 AM R Fee:$0.00 Carly Koppel, Clerk and Recoorrdderr. Weld County, CO VIII raw l4h'«aJ'O4tHLTI CIA Bill 3. If this agreement is executed and returned to our office on or before April 18,2016 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 Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements. 6. 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. 7. The parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County, and that this Agreement shall serve as complete evidence of the terms contained herein as to Owner's Grant of the Temporary Construction Easement. 8. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect April 18, 2019, or upon the completion of the Weld County Road 49 Improvement Project,whichever is earlier. 9. 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 "B" 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. 10. Owner shall retain the mineral estate under the Public Road Right-of-Way 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. 11. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right-of-Way to County on the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 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 Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security 4198736 Pages: 2 of 16 04/27/2016 11:00 PM R Fee:$0.00 Carl Koppes. Clerk and Recorder. Weld County, CO VIII Mi�111L�iI r Jlitl,f�u�I �J iM',L Bill or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. 13. Owner agrees to salvage all equipment, materials, structures located within area described in Exhibit A and Exhibit B by June 30, 2016 or County may remove said items. 14. The temporary fence shall be left in place after construction and Owner will remove if desired. 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 Deed of Dedication. 3. County shall pay Twenty Two Thousand Five Hundred Ninety Four Dollars ($22,594.00) 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 April 18,2016. If the agreement is not signed and returned on or before April 18,2016, the County shall maintain its current offer of Fair Market Value of Seventeen Thousand Three Hundred Eighty Dollars ($17,380.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County shall reimburse owner Twelve Thousand Seven Hundred and Fifty Nine Dollars ($12,759.00)for fence materials. 5. County shall reimburse Owner One Thousand Four Hundred and Fifty Dollars ($1,450.00) for an Amended Recorded Exemption. 6. County shall reimburse Owner Two Thousand Ninety Five Dollars ($2,095.00) for administrative costs related to review and coordination of Purchase Agreement. 7. County shall reimburse Owner Eight Thousand One Hundred Five Dollars ($8,105.00) to relocate existing facilities permitted under a Surface Owner's Agreement. 8. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit"B" to a level comparable to its original condition. 4198736 Pages: 3 of 16 04/27/2016 11 :00 AM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County CO 1111 kirJl''%'.1114 r4+'PLFiFiiitiirhLr, II 9. 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 may 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 maintenance of said fence. 10. County shall provide Owner an Access and Utility easement with legal description for the benefit of Lots A and B of RECX11-0027. The intent of this access and utility easement is to replace the existing access and utility easement dedicated on Recorded Exemption No. 1307-24-1-RECXI 1-0027 recorded at reception number 3872922 on September 12, 2012. 11. County shall provide Owner a copy of the Access and Utility easement with legal description for the benefit of Lots A and B of AMRE-4208 recorded on February 5,2016 at reception number 4179016. The intent of this access and utility easement is to replace the existing access and utility easement dedicated on Amended Recorded Exemption No. 1307-24-1-AMRE-4208 recorded at Reception Number 3685798 on April 8, 2010. 12. County shall re-construct the existing access located on Lot B of RECX11-0026. County shall coordinate location of re-constructed access point with Owner. 13. County shall construct the access located on Lot B of RECX 11-0027. County shall coordinate location of access point to be consistent with legal description described in 30' Access and Utility Easement outlined in#7 above. 14. County shall contact Owner prior to closure or restriction of any access point. At no time shall Owner's ability to access property be restricted for more than 72 hours. 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. 419of 1 04/827/2016 11 :00g 7 Paes: 4 RM R Fee:$0600 Carly Koppes Clerk and Recorder, Weld County. CO ■IIIFr tklIWICII I9rlt« MII;NYL,`i lii, III III 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: E. Jean Swartz By: & 2 ..".n l.tr?L5 C J 4198736 Pages: 5 of 16 04/27/2016 11 :00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO lIII KAInkeJMii G+4l;U;iFla'iiii 7J`.ATl4,i 1, III II I ATTEST: d & p;oe BOARD OF COUNTY COMMISSIONERS Weld Co . ty Clerk to the Board WELD COUNTY, COLORADO i BY: Deputy Cle; to the :oar Mike Freeman, Chair fa La APR 2 5 2016 APPROVED AS TO FUN 1I �y Scks2 APPROVED AS -SUBSTANCE: 1 J Controller Electe cial or Department Head APPROVED AS TO FORM: ----) TIS e/&•.4:4,1—t Director of General Services County Attorney 04/2 4198736 Pages: 6 eofe 16 otD// 7391-- Carly 04/27/2016 11 :00 pM R Fee: 0.00 !� Carly Koppes. Clerk and Recorder,, Weld County, CO ■III M.50.110 4.11C1CIA9iit Li Ill NI PHOTO EXHIBIT CALCULATED POSTION t NE COR S24- T2N-R65W NE COR S24- T2N - R65W WITNESS CORNER. , • • • _ . • _.• w.•. Arnow • ..1. ._. n,. !SP.•.aaN......t.. .. • . _. O SPOISOSORS c./ MAW AliPiiY_110IS a aMw sae a s awe a s ass a s a,a Venn't r / I .. ' 60' ADDITIONAL RIGHT-OF- WAY .: ACQUIRED 2. 248ac.± r�1• CAROL BROWNING ,, _ + to . , .„Ty' 20' TEMPORARY EASEMENT R pp e ACQUIRED 0. 749ac.± T rti y'k ; ' R` r \h 1/4 4 t,; .4 . N E 1/4 ?' JAMES A . & - ,,,F, ,7 M4W..r -0 k 7 T 7 fr el , . x_ 4 t � .a ` J r` S24— i2N — R65W • .... • . ON , , . GEF.ALDINE �' -", . * • du SLOAN , i oil.. r ;4 I I - •,, are Tr • ;so *P" ' • , , it . . . .., .4. 4 : ilikr". 4-- re 1 • ~ I In ii) A ALDRIC r BARBARA RI ` � '" r- i T`. ` -. I k �,, S r ' . & ADELEA ..-,, r , . ,.... ,-,_ awls., ..... ins ; FISHLER ' 77 !!� «..... ✓ w . .nnr• waw.a..rv...r .......-tw, ��mw... �..-t a�—.�.._.._.�.�._w_.....v. «..� —al-. - _ _ x� A 1 re /% o f c .?. NW 1/4 • 40` EXISTING RIGHT-OF -WAY ' R ; '19 LT2N -R64W } y ` �. - 4 1 y � \ y • * E E . J E AN SWARTZ o .- p i -44,0, , „ ,,,,,. :,. .. LOT B RE 1307-24- 1 -RECXI 1 -0027 i 0 ts- 40' EXISTING RIGHT— OF— WAY` e. 60' ADDITIONAL RIGHT—OF—WAY ACQUIRED 2. 248ac. ± _ ROBERT G. & ' - SHERRIE L • 20' TEMPORARY EASEMENT DENNINI ACQUIRED 0. 749ac. ± IL-47. t yreis 1( kV t gem E . JEANSWARTZ , ' e-- 0 / co LOT ARE 1307-24- 1 -RECX 11 -0027 - , ; 1■ D �_� mss• VIRGIL H . JOHNSON f a 44. a � _ E 1 /4 S24- T2N - R65W O W Lammi WELD LD COUNTY DEPARTMENT 'n s �¢ ; ma PHOTO EXHIBIT 4.44,,,. ` /� OF PUBLIC WORKS xrost dirl --. 8 k1s . W CR 49 CORRIDOR PROJECT ;.-.. BETWEEN WCR(s ) 18 & 20 S WAR`I-,L co 1.13 re Q � I� 1 C ► Sl ! ll �' 1 .l"C)l�ti PROJECT NO : SRP-26 SCALE : 1 "72---3001 WCR49 (r) N O `� l.iii I ( �,tnirn I >rne \\ md=rx. Color-min Soi5( i % CL. I ) C'OIEN"I I C'Ol_.OR.-QUO ph: int. ,,,-',, (,Sl,_itII I (*Instil. tilr�,�1t�lgSURe,,,r:.c,,i„ DATE . 2-25 - 15 I II DRAWN BY : CDL � � L Cr s U I PHOTO EXHIBIT e ,, , , _ . _,,,• ' E 1 4 S13- T2N - R65W i � � � � 9 � 4te, , ;,,, .../..,. . ..,,., ,, ,.. ... f‘s. .. A; tit ' � . � • � � §, .� - � , :� 4 # * r t tie.,` '1` zIr. ,,fl . HOLLY R . * . 3 Y BODA - SUTTON & W � • WILLIAM C. SUTTON , { • I g .. °t .. SS / . I ADDITIONAL RIGHT- OF- WAY A f1 1 . 917ac. ± / . 2. . / . 4- JOEL D & . GLORIA: , a ; � �g Y KUGLER : afif � •: @.:E. t 6 a• _ _ f I p -' •�•• r _ I {' 0.U ' .y kr g 20 TEMPORARY EASEMENT : � . ; ,...=. , , 71 I 'tit - - i lr I' Y •: -' v A A Y * � S 40' EXISTING RIGHT- OF- WAY j e4 V. 4� ll le g .. y d• Y o A. E . JEANSWARTZ , , , LOT B RE NO. 1307- 1 3-4-RECX 11 -0026 le / e A 'f y. toi.„ 0„ , s At A SE1/4 : ` • r ` S 13 -T2N - R65W + a -, s > SW 1/4 S 18 -T2N R64W A .i6 • JOSE ALEJANDRO . . & lv1 I REYA ALARCON -5n .�' . n. . •, t a Y . o imiwr CALCULATED POSITION �3 6 Y• d 10 F.`f .*« o % �.., as .. SE COR S13— T2N — R65W r • - :. • s , ii .mr- "to a ;�ewaw, �.aa�r r .er .. �eeF +sly r�r ..Ia ai. aa.�a�.laala +rya a +s�ws7a- aas a�a, fli o +s . � •I Y f m a _ — R W. -- F' SE COR S13 T2N 65W § co ri mbei. ._ 3, ba : m WITNESS CORNER L o:•Li. O IL r z4.. IX w a Ell fh 'ef", el — r . • _ 4) — WELD COUNTY DEPARTMENT f51 cit L PHOTO EXHIBIT �� ,r OF PUBLIC WORKS im GA) ► . WCR 49 CORRIDOR PROJECT w war BETWEEN WCR(s) 20 & 22 � � Q. 2 SWARTZ se �� WCR 49 ICING SURN'1�.N'ORS PROJECT NO : SRP-26 SCALE : 1 "=250' 1 rift pp N >, ■� G;u E. Garden Drive Windsor, Colorado 80a5t► CD WELD COUNTY, COLORADO �,�l,,,r�; (y7u) Gt+G �U11 ( email: inf ti nSuneSorccorn CD , DATE : 3- 12- 15 DRAWN BY : CDL SHEET: 1 of 1 EXHIBIT-A 6—SWARTZ—SEC24—ROW PROPERTY DESCRIPTION Two strips of land, each Sixty (60) feet in width, being parts of Recorded Exemption No. 1307-24-1 RECX11-0027, recorded September 12, 2012 as Reception No. 3872922 of the records of the Weld County Clerk and Recorder, located in the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Twenty—four (24), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The West Sixty (60) feet of the East One Hundred (100) feet of said Recorded Exemption No. 1307-24-1 RECX11-0027. Said strips of land contains 97,921 sq. ft. or 2.248 acres, more or less (±), and may be subject to any rights—of—woy or other easements of record or as now existing on said described strips of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Recorded Exemption No. 1307-24-1 RECX11-0027. Said existing Right—of—way contains 65,275 sq. ft. or 1.499 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. DO / \\\t R • '.L Ir ins 38106 i o4 ll0`"1:.25.29f5i.L1' 4198736 Pages: 9 of 16 S • .' Q-f 04/27/2016 11:00 1111 R Fee:$0.00 1 S '••• ***.• Carly Koppes. Clerk and Recorder. Weld County, CO :Al kr:1 L 'M;i4,11111 Nt41f?k'iLlig U II I Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.- WELD COUNTY DEPARTMENT ACQUISITION `a Pr" OF PUBLIC WORKS aw- Au ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18 &20 SWARTZ WCR 49 KIN(I SURVEYORS PROJECT NO: SRP-26 SCALE N/A WELD COUNTY.COLORADO flu"" rse-snn r ye: r r,,,n DATE: 2-25-15 DRAWN BY: CDL SHEET: I oft EXHIBIT-A 20' PIPELINE EASEMENT (REC., NO. 38Q619.5)_ . . Lt __ __ _ _ NE COR S24-T2N-R65W 100' PIPELINE, ELECTRIC & I FND 416 RB WI 2.5" AC DATA EASEMENT H " a STAMPED LS 27269 1998 (REC. NO. 3949096) °i • WITNESS CORNER o �. CALCULATED POSTION Y1 - 60' ADDITIONAL RIGHT-OF-WAY NE COR S24-T2N-R65W ACQUIRED 97,921sf.± OR 2.248ac.± w I E. JEAN SWARTZ N l CAROL BROWNING PARC.#130724100002 o .- JAMES A. & RECP.#02294571 s - o I GERALDINE LOT RE 1307-24-i-RECxu-0027 Z 1.--1 SLOAN ur L2I IIgc 40' EXISTING RIGHT—OF—WAY RANDALL L. -H (BOOK 1055 PAGE 192) ALDRICH I ci 40' ACCESS AND l Iin in Nona UTILITY EASEMENT — 'T in According to Colorado law you must commence any legal (REC. NO. 3685798) I .A BARBARA RIES action based upon any detect in this survey within three years otter you first discover such defect. In no event NE 1/4 7y &ADELE A. may any action based upon any defect in this survey be I I FISHLER commenced more than ten years from the date of the 524-T2N-R65W I certification shown hereon. (13-80-105 C.R.S. 2012) L3 NOTE: This exhibit drawing is not intended to be a '. 0\ monumentalized land survey. It's sole purpose Is as a E. JEAN SWARTZ NW 1/4 wropes representation cration to aid the visualization of the b 519-T2N-R64W ap property description which it accompanies. The PARC.#130724100002 written property description supersedes the exhibit drawing. RECP.#02294571 LOTS RE 1307-241-RECx 27.0027 30' ACCESS AND UTILITY EASEMENT i (REC. NO. 3872922) 60' ADDITIONAL RIGHT—OF—WAY I ROBERT G.& ACQUIRED 97,921sf.± OR 2.248ac.± l a SHERRIE L. NM DENNING E. JEAN SWARTZ N1 PARC.#130724100001 -Ji- RECP.#02294571 In 3 I u. LINE TABLE LOfARE 1307-24-1-RECXI1-0021 Q in ?;'.4. P r os LINE BEARING LENGTH z 40' EXISTING RIGHT—OF—WAY VIRGIL H. JOHNSON m°-= L1 N89'57'31"E 60.01' (BOOK 1055 PAGE 192) tom3-S '.'m x L2 589'58'51"W 60.01' L41 wefati E 1/4 S24—T2N—R65W ° w,Si L3 N89'58'51"E 60.01' q6 / QLLo� FND RB W 3.25" AC STAMPED LS 23027 2000 'Y Er L4 589'51'43"W 60.01' IN MON. BOX -s da.-_. WELD COUNTY DEPARTMENT Ien D GOPP'S RIGHT OF WAY '�"��' 0—e a - ACQUISITION Ia i5I✓ OF PUBLIC WORKS Q \� . WCR 49 CORRIDOR PROJECT m.n a Rw BETWEEN WCR(s) 18&20 ^E1 SWARTZ Mry a ti PROJECT NO: SRP-26 SCALE:I":-=300' DING SURVEYORS r' `r . o r t,. 1 :D ¢ d (Worn', i. 0),...7:0:44- r= WCR 49 WELD COUNTY.COLORADO 1i,„' c":"'""' .a "n iih "r.", DATE: 2-25-IS DRAWN BY: COL SHEET: 2012 EXHIBIT-A B-SWARTZ-SEG33-ROW, PROPERTY DESCRIPTION A parcel of land being part of Lot B, Recorded Exemption No. 1307-13-4 RECX11-0026, recorded September 19, 2012 as Reception No. 3874558 of the records of the Weld County Clerk and Recorder, located In the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Two North (T.2N.). Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2 34"diameter aluminum cap stamped '.527269, 1998" and by a #6 rebar with a 3 )f" diameter aluminum cap stomped '_527269, 2004" at the North end, as bearing North 00'32'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zane, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE South 69'57'31" West along the South line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, Weat of and parallel with the East line of the Southeost Quarter (SE1/4) of said Section 13, said point being the POINT OF BEGINNING; THENCE continuing South 89'57'31"West along the South line of the Southeast Quarter (SE1/4) of sold Section 13 a distance of 60.00 feet to a point being Sixty (60) feet, as measured at a right angle, West of said West Right—of—way line; THENCE North 00'32'12" West along a line being Sixty (60) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 705.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 744.45 feet to the North line of sold Lot B, said curve having a radius of 19.770.00 feet, a central angle of 02'09'27" and a long chord bearing North 00'32'32" East a distance of 744.41 feet; THENCE North 89'27'48"East along the North line of said Lot B a distance of 45.99 feet to said West Right—of—way line; THENCE South 00'32'12" East along said West Right—of—way line a distance of 1449.81 feet to the POINT OF BEGINNING. Said parcel of land contains 63,497 sq. ft. or 1.917 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 East Forty (40) feet of said Lot B, Recorded Exemption No. 1307-13-4 RECX11-0026. Said existing Right—of—way contains 57,999 sq. ft. or 1.331 acres, more or less (₹), and may be subject to any rights—of—way or other easements of record or as now existing withal said described existing Right—of—way. U:P O•: .S 38106 >: ° Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS �'aw-eA ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SWARTZ KING SCR\F)(”<:, PROJECT NO: SRP-26 SCALE:N/A WCR 49 WELD COUNCY,COLORADO ,i.""i'ti r' _ DATE: 3-12.15 DRAWN BY: COI, SHEET. 1 oft 4198736 Pages: 11 of 16 04/27/2016 11:00 AM R Fee:$O.00 Carly Koppes, Clerk and Recorder, Weld County, CO EMI l4��1�1;4RriEi' ' ,Tg row Bill EXHIBIT-A E 1/4 513-T2N-R65W FND #6 REBAR WITH 3.25' ALUMINUM CAP STAMPED LS 27269 2004 IN MON. BOX 30'ACCESS AND URUTY EASEMENT HOLLY R. (R£C. NO. 3874558)1 L3 BODA-SUTTON& WILLIAM C. SUTTON 1 Z ` . _ z i4 — . a LJ m O ADDITIONAL RIGHT-OF-WAY LO 83,497sf.t OR i.917aa.t co AC co E. JEAN SWARTZ PARC.#130713400002 0) REC.#3892661 " tO LOT B RE NO.1307-I3-4-RECXI 1-0026 `v 1 JOEL D& t OCE. 3 GLORIA According to Colorodo low you must commence Iv KUGLER any legal action based upon any defect In this survey within three ,are oiler you first discover NI such defect. in no event may any action based upon any defect in this survey be commenced p more than ten years from the dote of the — :1—: certification shown hereon. (13-60-105 C.R.S. 2012) 40'£J5RNC RlOWT-OF-MY — . (Da 1035 PAGE f92) 1 NOTE: 118a exhibit drawing Is not intended to be a monumentolized land survey It'e sole purpose Is as a graphic representation to old in the SEI/4I SW 1/4 visualization of the written property description which It accompanies. fie written property 513-T2N-R65W i 518-T2N-R64W description supersedes the exhibit drawing. N 0 Id o JOSE ALEJANDRO &MIREYA CURVE TABLE N e ALARCON CURVE LENGTH RADIUS DELTA CHORD CH BEARING E z 0 • I yALIE SSW • r uc Cl 744.45' 19770.00' 2'09'27" 744.41' N00'32'32" (REC N0.3806194) o LINE TABLE _20' M" _ L - - - r _ GATHERING LW i _ _ SE COR S13-T2N-R65W r LINE BEARING LENGTH (REC NO 3806195)-- -- L2 i FND 16 REBAR YfiTH 'z 2.5' ALUMINUM CAP o STAMPED LS 27269 1998 u,w-- L1 S89'57'31"W 40.00' WITNESS CORNER 100'PIPELINE ELECTRIC m m L2 S89'57'31"W 60.00' DATA GATHERING TO POINT OF BEGINNING ID' ,3 J KERR-MCGEE Git1NF7NNG!LC POINT OF COMMENCEMENT .-i o (REC NO 5949096) CALCULATED POSITION L3 N89'27'48"E 45.99' SE COR S13-T2N-R65W m s N I,8 WELD COUNTY DEPARTMENT ''etx" RIGHT OF WAY f�A�i► OF PUBLIC WORKS mill. ACQUISITION ,� .1 WCR 49 CORRIDOR PROJECT day n� ten m -- BETWEEN WCR(s)20&22 am�'= SWARTZ . e._7 S; .�,)!O. PROJECT NC: SRP-26 1 SCALE?1"=250' VVCR 49 a..s \4'ELI)COUNTY,COLORADO n. r. DATE 3-12-15 DRAWS By CDI.. S FET 2 of 2 tD c5)""aim_Nc 1 in '1♦ t�\Y— co CV QmiAM EXHIBIT-B 6-SWARTZ—SEC24—TCE PROPERTY DESCRIPTION Two strips of land, each Twenty (20) feet in width, being parts of Recorded Exemption No. 1307-24-1 RECX11-0027, recorded September 12, 2012 as Reception No. 3872922 of the records of the Weld County Clerk and Recorder, located in the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Twenty—four (24), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The West Twenty (20) feet of the East One Hundred Twenty (120) feet of said Recorded Exemption No. 1307-24-1 RECX11-0027. Said strips of land contains 32,641 sq. ft. or 0.749 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strips of land. OO \`tl • �• i1 j "Z I • 38106 Y CC m :` -5.yp��Au 4198736 Pages: 13 of 16 11 S'3, •°* \)Q 04/27/2016 11:00 RM R Fee:$0.00 J Carly Koppes. Clerk and Recorder, Weld County. CO Nq . �IIIfIr1R'��Lhir'i'kWIIIV.ri'GNA wh',+( r.r.tirLi II Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION ;a P.10 OF PUBLIC WORKS TE-s � ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18 &20 SWARTZ WCR 49 KING SURAP.YORS PROJECT NO: SRP-26 SCALE:N/A GardenDn, vt t .(& xr. WELD COUNTY,COLORADO 0"""''''9°"4"11 cmac rn,ti'9s'..9= //• "' DATE: 2-2515 DRAWN BY. CDL SHEET: I of2 EXHIBIT-B 20' PIPELINE EASEMENT (REC.. NO. 3806195,E . . L1 • NE COR S24—T2N—R65W LE 100' PIPELINE, ECTRIC & O IN I FND #6 RB W/ 2.5" AC DATA EASEMENT a c5 . STAMPED LS 27269 1998 (REC. NO. 3949096) '° S 1I WITNESS CORNER E. JEAN SWARTZ 60 3 I' CALCULATED POSTION PARC.#130724100002 a ,Wry I . NE COR S24-72N-R65W RECP.#02294571 , o I CAROL BROWNING LOT RE 1307-20.6RECXII-0027 p O I 20' TEMPORARY EASEMENT Z N I ACQUIRED 32,641sf.± OR 0.749ac.± L2 ' RANDALL L. I Ic JAMES A. & S: ALDRICH I :`l GERALDINE SLOAN 40' EXISTING RIGHT—OF—WAY NoncE 40' ACCESS AND I (BOOK 1055 PAGE 192) UTILITY EASEMENT -- —7-14 According to Colorado law you must commence any legal (REC. NO. 3685798) .� action based upon any defect in this survey within three BARBARA RTES years after you first discover such defect. In no event may any action based upon any defect In this survey be NE 1/4 &ADELE A. commenced more than ten years from the date of the $24-T2N-R65W I I I FISHLER certification shown hereon. (13-80-105 C.R.S. 2012) L3�_ NOTE: This exhibit drawing is not intended to be a • NI monumentalized land survey. It's sole purpose is as a E. ON' NW 1/4 graphic representation to aid in the visualization of the JEAN SWARTZ written property description which it accompanies. The PARC.#1 3 0724 1 00002 I; I 519-T2N-R64W written property description supersedes the exhibit drawing. RECP.#02294571 LOT B RF,I l0]-241-RECX I I-0027 I 20' TEMPORARY EASEMENT i ACQUIRED 32,641sf.± OR 0.749ac.± 'i 30' ACCESS AND UTILITY EASEMENTy (REC. NO. 3872922) 60'74"; I ROBERT G. & uoI SHERRIE L. E. JEAN SWARTZ M I l DENNING • PARC.#130724100001 RECP.#02294571 3 LOT RE 1307-24-II I-0027 µ o LINE TABLE 10 W ua o < I 7 LINE BEARING LENGTH o P 40' EXISTING RIGHT-OF-WAY z o I y L7 N89'57'31"E 20.00' (BOOK 1055 PAGE 192) N VIRGIL H.JOHNSON m L2 S89'58'51"W 20.00' L4 tO Co a,, "m3" E 1/4 S24-72N—R65W w�� L3 N89'58'51"E 20.00' FND #6 RB W/ 3.25" AC Oci STAMPED LS 23027 2000 Cr L4 589'51'43"W 20.00' IN MON. BOX a ixv "ET ib TEMPORARY EASEMENT Int" WELD COUNTY DEPARTMENT va ti 44 .# OF PUBLIC WORKS a m v ACQUISITION ® �.k� WCR 49 CORRIDOR PROJECT S BETWEEN WCR(s) 18& 20 ,pak SWARTZ tam ac- WCR49 KING SURVEYORS PROJECT NO: SRN-26 SCALE:1"=300' n]NOi r'-"—_ WELD COUNTY.COLORADO ono 1ln t>nry col— 14'""` PS" c'"' DATE: 2-25-15 DRAWN BY. CDT SHEET. 2of2 m--. = EXHIBIT-B ';W/k1/ I I II-121,(_X71 (11)26 PttO- I iv 01;sCRIP11011 A strip of land, Twenty (20) feet in width, being part of Lot B, Rccurded Exemption No. 1307-13-4 RECX11-0026, recorded September 19, 2012 as Reception No. 3874558 of the r.acorrb; of the Weld County Clerk and Recorder, located In the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentalized by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2 34 diameter aluminum cap stamped 1527269, 1998" and by a #6 rebar with a 3 34" diameter aluminum cap stamped LS27269, 2004- ot the North end, as bearing North 00'32'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE South 89'57'31' West along the South line of the Southeast Quarter (SE1/4) of said Section 13 o distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SEt/4) of sold Section 13; THENCE continuing South 89'57'31" West along the South line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 60.00 feet to a point being Sixty (60) feet, as measured ot a right angle, West of said West Right—of—way line, sold point being the POINT OF BEGINNING; THENCE continuing South 89'57'31" West along the South line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 20.00 feet to a point being Eighty (80) feet, as measured at o right angle, West of sold West Right—of—way line; THENCE North 00'32'12" West along a line being Eighty (80) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 704.64 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 744.45 feet to the North line of said Lot B. sold curve having a radius of 19,790.00 feet, a central angle of 02'09'19" and a long chord bearing North 00'32'28" East a distance of 744.41 feet; THENCE North 89'27'48' East along the North line of said Lot 9 a distance of 20.01 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 744.45 feet to a Point of Tangency (PT), said point being Sixty (60) feet, as measured at a right angle, West of sold West Right—of—way line, said curve having a rodlus of 19,770.00 feet, a central angle of 02'09'27" and a long chord bearing South 00'32'32" West a distance of 744.41 feet; THENCE South 00'32'12" East along a line being Sixty (60) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 705.02 feet to the POINT OF BEGINNING. Said strip of lond contains 28,988 sq. ft. or 0.665 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. ritt, (1411)4.... ff /� "S ?,0•,24,)4 r, 1Ittaj - -4444-- -- ---__ Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Lond Surveyor #38106 1'EMPOIZARY EASEMENT .�., WELD COUNTY DEPARTMENT' eA0 012 PIJIMIC WORKS ACQUISITION CE 87)1 Si .'N � � ��( k 49( ORR1DOR PROJECT = SW'ART7. __....._ Iilvi; 'l:iitl?1'( I?:; PROJECT NO SRP-?G T SCA�t:N/A 'NCR 49 I NI'; I): ()l N I y. ri)1.f110,1)0 ph, ,..n.. ill I ,n,.;d i 11 —C G r h DAi.. i-Ic-I ✓F'a;fN B'f CUI.I F1FEf. i .1'2 4198736 Pages: 15 of 16 04/27/2015 11:00 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO 1111 II I EXHIBIT-B E 1/4 513-12N-RB5W END 06 REBAR WITH 3.25' ALUMINUM CAP STAMPED LS 27269 2004 IN MON. BOX I 3 EA 0'ACCESS ANC NIWY EASEMENT HOLLY R. (REC. Na 3874558) L4 BODA-SUTTON& WILLIAM C. SUTTON v) — . . — . — ci cl LI I m. Si o, on E. JEAN SWARTZ iti m PARC.#130713400002 u cci N REC.#3892661 m Nina B RE NO 130)-i3-O.RECXI 1O026 1N JOEL D& According to Colorado lawGLORIA you must commence KUGLER any legal action in hosed upon any defect In this survey three years aftyr first discover hose 20'2 TEMPOR9860.1AOR EASEMENT 1 such defect.y event may any action hosed 2B,98Bat! OR O.BBSae.4 moan than defect In this survey be fcommenced [lar: more to io ten lean reon. I d8 the 2012)certification shown hereon. (13-80-105 C.R.S.2012) ' 40'E19STNC RAINT-CE-WAY NOTE: This exhibit drawing is not Intended to be (800'(1055 PAZ 192) I "T'T a monumentallzed land survey. It's sole purpose is as a graphic representation to aid In the SE1/4 SW 1/4 visualization of the written property description which It accompanies. The written property S13-T2N-R65W i I 518-T2N-R54W description supersedes the exhibit drawing. fV O CURVE TABLE o JOSE ALEJANDRO CURVE LENGTH RADIUS DELTA CHORD CH BEARING o N I It I ALARCON C1 744.45' 19790.00' 2'09'19" 744.41' N00'32'28"E N C2 744.45' 19770.00' 2'09'27" 744.41' S00'32'32"W it g I i VALVE SITE (.0 XERR-MCCc-E N GATHERING LW LINE TABLE "' (REC NO. .5806195) O 20'PIPEIIN£EASEMENT z LINE BEARING LENGTH •'' - 4^' L Ii — - CAREERING UC - — -a'� s SE COR 513-T2N-R65W Li 589'57'31"W 40.00' - we 'fir ,I END b REBAR YAM `{ 2.5' ALUMINUM CAP STAMPED LS 27269 1998 L2 S89'57'31"W 60.00' roG'PIPELINE EEEcmfc& 1WThESS CORNER DATA EASEMENT TO CALCULATED OF COMMENCEMENT POSION L3 589'57'31"W 20.00' KERR-MCCEE CARIERR/G LLC SE COLAS13 S13 -RO (REC. NO. 3949096) SE COR SI}T2N-RB5W L4 N89'27'48"E 20.01' POINT OF BEGINNING TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 0* pr OF PUBLIC WORKS CE-BA) \1 b. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SWARTZ WCR 49 Kink, Ni'ieA9'YORS PROJECT NO: SRP-26 SCALE:I"-250' WELD COUNTY,COLORADO I - -- I' ' " "" DATE: 3-12-15 DRAWN BY: CDL SHEET: 2of2 4198736 Pages: 16 of 16 04/27/2016 11 :00 All R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO IIIII I,IIIVIIIM ii ii ma roc Fuiv: h r,Oili liFiCt h I III • ME MEMORANDUM TO: Clerk to the Board DATE: May 31, 2016 2 GOuNTY FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Corridor Project Doc #2016-1392 RECEIVED Deed of Dedication for Public Road Easement with E. Jean Swartz. MAY 3 1 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Deed of Dedication-Tiffany.doc &mood- 444, 01()(''rff/ ) 020/6-/,3=iZ EC,Do-73 DEED OF DEDICATION FOR PUBLIC ROAD EASEMENT 117 THIS DEED OF DEDICATION FOR PUBLIC ROAD EASEMENT, made this (0 day of tune , 2016, between E. Jean Swartz "Grantor" whose legal address is 636 Cheyenne Drive, Unit 27, Fort Collins, CO 80525, and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1 150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby bargain, sell, dedicate and convey unto Grantee an easement (and not in fee) for use as a Public Road Right- of-Way, free and clear of all liens and encumbrances. over and across that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit"A" SUBJECT TO matters of record, and RESERVING unto Grantors fee title to said property, subject to this easement, including the mineral estate appurtenant to said property, and including oil, gas and any and all water rights currently appurtenant to, attached to or associated with said property, except that such reservation of rights shall not adversely affect the structural integrity of the public road right of way. GRANTOR: E. JEAN SWARTZ • By: / X.l. � Gu c12 STATE OF COLORADO W l ss. WO COUNTY OF ) The foregoing instrument was acknowledged before me this ZS day of May la y 2016, by E. Jean Swartz, Grantor. Witness my hand and official seal. 3/4 /Z0/ TIFFANE V. JOHNSON My commission expires: STATE OFCOLORADO // �/�� NOTARY ID 20154008170 x �(�.,(w Y W V. 7oL� M'COMMISSION EXPIRES MARCH 4,2010 I. Q t, e.ac4.:,, Notary Public 4209904 Pages: 1 of 6 06/08/2016 03:38 P11 R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO liii MI��lJti71P�?';hih'«r�'F i�'R' �'�L'd'Yh;rl��i+fliiYl'Ih 1I III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deed of dedication of an easement as a Public I lighway (Public Right-of-Way), pursuant to Colorado Revised Statute 43- 2-201(I)(a). Th Dated this I day of__Jarlt. , 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ldo;tk Mike Freeman, Chair .�� JUN 0 6 2016 Weld County Clerk to the Board � fa L e c..WJ=, • I tear Dep ty Clerk to the Board 4� STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 2W6. by Mike Freeman, Chair. Board of County Commissioners of the County o Weld. Witness my hand and official seal. CHERYL LYNN HOFFMAN My commission expires: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES UEC. 19, 2018 Notary Publi 4209904 Pages: 2 of 6 06/08/2016 03:38 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■III NI1R OKIW IfA' Ik h!1,#w{UIdiI iii i •I III AO/(o-1394 EXHIBIT-A B-SWARTZ-SEC24-ROW PROPERTY DESCRIPTION Two strips of land, each Sixty (60) feet in width, being parts of Recorded Exemption No. 1307-24-1 RECX11—O027, recorded September 12, 2012 as Reception No. 3872922 of the records of the Weld County Clerk and Recorder, located In the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Twenty—four (24), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being mare particularly described as follows: The West Sixty (60) feet of the East One Hundred (100) feet of said Recorded Exemption No. 1307-24-1 RECX11-0027. Said strips of land contains 97,921 sq. ft. or 2.248 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 strips of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Recorded Exemption No. 1307-24-1 RECX11-0027. Said existing Right—of—way contains 65,275 sq. ft. or 1.499 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. D0 / `�ttl i . I iD 38106 v of �t i �`4:•1.5'29t7A'S 4209904 Pages: 3 of 6 1, 5 .� Q', 06/08/2016 03:38 P11 R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO tty'i :y �IIIMir1ll klli.14TIrkikd'eVAll lk 11111 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 44 �� OF' PUBLIC WORKS aw- Ail WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18&20 SWARTZ PROJECT NO'. SRP-26 SCALE N/A WCR49 WELD COUNTY,COLOR VDO DAIL. 2-25-15 DRA6ti'N BY. CDL SHEET, I 42 EXHIBIT-A 20' PIPELINE EASEMENT (REC.. NO. 38061951_ — '. L1 NE COR 524—T2N—R65W 100' PIPELINE, ELECTRIC & I FND #6 RB W/ 2.5" AC DATA EASEMENT STAMPED LS 27269 1998 (REC. NO. 3949096) cn WITNESS CORNER o $ I CALCULATED POSTION 60' ADDITIONAL RIGHT—OF—WAY NE COR S24—T2N—R65W ACQUIRED 97,921sf.± OR 2.248ac.± L. I E. JEAN SWARTZ to . 1 CAROL BROWNING wi PARC.#130724100002 0 JAMES A. & RECP.#02294571 s v I GERALDINE, LOT a RE 1307-24-I-RECXII-0027 a ^i SLOAN L21 Io7 40' EXISTING RIGHT—OF—WAY RANDALL L. Y e (BOOK 1055 PAGE 192) ALDRICH I .&il 40' ACCESS AND win:, 40' EASEMENT — '—ii—I- According to Colorado law you must commence any Isgoi (REC. NO. 3685798) .Pi BARBARA RIES action based upon any defect in this survey within three a p . years after you first discover such defect. In no event NE 1/4 E4 &ADELE A. may any action bond upon any defect in this survey be I I FISHLER commenced mare than ten pan from the dote of the $24-T2N-R65W certification shown hereon. (13-80-105 C.R.S. 2012) L3 NOW: This exhibit drawing Is not Intended to be a ION monumentalind land survey. It's sole purpose is as a E. JEAN SWARTZ NW 1/4 graphic e de representation to aid N the visualisation of the PARC.#130724100002 519-T2N-R64W written property description which it e.accompanistThe The written property description supersedes the exhibit drawing. RECP.#02294571 LOT B RE 1307-24-LRECXI I-0027 I i 30' ACCESS AND UTILITY EASEMENT i (REC. NO. 3872922) ~. i 60' ADDITIONAL RIGHT—OF—WAY ROBERT G.& ACQUIRED 97,921sf.± OR 2.248ac.± I I SHERRIE L. DENNING E. JEAN SWARTZ M • PARC.#130724100001 RECP.#02294571 N LINE TABLE LOT A RE 1301-2"-'-RECXI I-0027M _ P -.'1-: LINE BEARING LENGTH 3 z L1 N89'57'31"E 60.01' 40' EXISTING RIGHT-OF-WAY _ VIRGIL H. JOHNSON (.'73--El (BOOK 1055 PAGE 192) o s. mT� L2 S89'58'51"W 60.01' L4 i • E 1/4 S24-T2N-R65W t°'''''Lig L3 N89'58'51"E 60.01' FND #6 RB W/ 3.25" AC c y�-- STAMPED LS 23027 2000 a u S L4 589'51'43"W 60.01' IN MON. BOX a�0 � "r2 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ID c �� ri♦ OF PUBLIC WORKS toot ACQUISITION ��11 bl WCR49 CORRIDOR PROJECT dmw- - RW- m" • BETWEEN WCR(s) 18&20 to�r y SWARTZ � PROJECTr1c. sax-≥a scAse 1 auo' p Er, ti WCR49 M"`-- W El D COON I\.COLORADO m2), DATE 2-25-15 DRAWN BY. CDL SHEET. 2 o1_ mm = N 1pq • EXHIBIT-A B—SWARTZ—SECI3—ROW, PROPERTY DESCRIPTION A parcel of land being part of Lot B, Recorded Exemption No. 1307-13-4 RECXI1-0026, recorded September 19, 2012 as Reception Na. 3874558 of the records of the Weld County Clerk and Recorder, located In the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of sold Section 13 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 13, being monumentolized by a witness monument Thirty (30) feet Easterly of the South end, said witness monument being a #6 rebar with a 2 diameter aluminum cap stamped 'L527269, 1998" and by a 418 rebar with a 3 )4" diameter aluminum cap stomped 'LS27269, 2004" of the North end, as bearing North 00'32'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2624.92 feet, with all other bearings contained herein relative thereto: THENCE South 89'57'31" West along the South line of the Southeast Quarter (SE1/4) of said Section 13 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 13, said point being the POINT OF BEGINNING; THENCE continuing South 89'57'31"West along the South line of the Southeast Quarter (SET/4) of said Section 13 a distance of 60.00 feet to a point being Sixty (60) feet, as measured at a right angle, West of said West Right—of—way line; THENCE North 00'32'12"West along a line being Sixty (60) feet, as measured at a right angle. West of and parallel with said West Right—of—way line a distance of 705.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve which la concave to the East a distance of 744.45 feet to the North line of said Lot B, said curve having a radius of 19,770.00 feet, a central angle of 02'09'27"and a long chord bearing North 00'32'32" East a distance of 744.41 feet; THENCE North 89'27'48"East along the North line of said Lot B a distance of 45.99 feet to said West Right—of—way line; THENCE South 00'32'12"East along said West Right—of—way line a distance of 1449.81 feet to the POINT OF BEGINNING. Said parcel of land contains 83.497 sq. ft. or 1.917 acres, mare or less (1), 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 NTH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of said Lot B, Recorded Exemption No. 1307-13-4 RECXI1-0026. Said existing Right—of—way contains 57,999 sq. ft. or 1.331 acres, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing with',, said described existing Right—of—way. O C O' v :- 381O6 Y; o % } cif cl` • Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #35106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION m e..0 OF PUBLIC WORKS kw-aA \j'.7 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 SWARTZ WCR 49 KING. SCIkeE1uR5 PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY,COLORADO - DATE 3-12-15 DRAWN BY: CDL SHEET: I of2 4209904 Pages: 5 of 6 06/08/2016 03:38 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO VIII Id��11�1l3I1i'Yil ISL''hJ�4l'I� N Lbil'J I!di Ill III EXHIBIT-A E 1/4 513-T2N-R65W ND /e REBAR WITH 3.25' ALUMINUM CAP STAMPED LS 27269 2004 IN MON. BOX .30' EASEMENT ACCESS AND upon, I HOLLY R. (REC. Na 3874550) L3 BODA-SUTTON& WILLIAM C. SUTTON Z — . . _ . Z a w 03 i1 I 0 SADDITIONAL RIGHT—OF—WAY N 83,497x1.4 OR 1.917oc.k co co E. JEAN SWARTZ N PARC.#130713400002 a REC.#3892661 5 tD LOT B RENO. 1307-13-4-RECXI I-0026 w i JOEL D& NOTICE 3I GLORIA According to Colorado low you must commence N KUGLER any legal action based upon ony defect In this Isurvey within three years alter you first discover Ni such defect. In no event may any action based upon any defect In this survey be commenced g more than ten years from the date of the — Z certification shown hereon. (13-60-105 C.R.S. . 2012) 40'EMSIING RIGHT--OF—WAY . . — , ' (000Y 1055 PAGE 292) I NOTE: This exhibit drawing is not Intended to be a munumentallaed land survey. It's sole purpose is as a graphic representation to old In the SE1/4 • SW 1/4 visuonzatio n of the written property description I 513-T2 N-R65W which It accompanies. The written property I S18-T2N-R64W description supersedes the exhibit drawing. N 0 vi r•-• • JOSE ALEJANDRO &MIREYA CURVE TABLE N e ALARCON IN = CURVE LENGTH RADIUS DELTA CHORD CH BEARING U • YALI&SITE to AERR-YC'C-EF = Cl 744.45' 19770.00' 2'09'27" 744.41' N00'32'32"E Z CAMPING LLC _- (RED N0 .3806795) Ai o LINE TABLE 2o'PIPELINE ' — — GATHERING LLC® SE COR 513-T2N-RB5W 3_I LINE BEARING LENGTH - (RFC. NO. 3906,953- L2 FND /B REBAR WI1H 2.5' ALUMINUM CAP STAMPED LS 27209 1990 11 589'57'31"W 40.00' WITNESS CORNER T00'RIPENS ELECTRIC& 0:9S 0, L2 589'57'31"W 60.00' KERR-Nca DATA LW POINT OF BEGINNING PONT OF COMMENCEMENT to w L L3 N89'27'48"E 45.99' (RFC N2 3949098) CALCULATED SE COR 513-T2N-RTION 65W R65W as °u 0 c WELD COUNTY DEPARTMENT __ RICQUIGHT OSITF IYAY 1 4 i� OF PUBLIC WORKS ma m=1 (TON-8.) \� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)20&22 a"v-- -- SWARTZ mo y KINt; SURVIIYOILs PROJECT NO: SRP-26 SCALE:I"=250' m z WCR49 r, ,2"Ic o I e jm,r -a m m WELD COUNTY.COLORADO n tm1nm i .'"" DATE: 3-12-15 DRAWN BY: CDL SHEET: 2 of 'Iola: N a --♦ � tnr w8'- o-:= N GI e R Ou� Hello