HomeMy WebLinkAbout20151652.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -THISTLE DOWN, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right-of-Way, Permanent Easement and 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 Thistle Down, Inc., 22019 County Road 54, Greeley, Colorado 80631, with
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Thistle
Down, Inc., 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.
£ ?w(FC/LSIT.$) 1',Z 20EG0652
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49-THISTLE DOWN, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST:
datditk) h it
�Cl�to arbara Kirkmey r, C a
Weld County Clerk to the Board
q 4
Mike Freeman, Pro-Tern
.431.0
CLe4uty Clerk to the oard
Sean P. Conway
ELz
APPROVED AS TO FOR
�.��r., 'Julie A. Cozad
1861 (. -•p �.
County Attorney
� ® Steve Moreno
Date of signature: Le/02.6 �►�
2015-1652
EG0072
1861 MEMORANDUM
TO: Clerk to the Board DATE: May 26, 2015 zi COUNTY
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project, Parcel#40-B
Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement, and Temporary
Construction Easement with Thistle Down, Inc.
RECEIVED
MAY 272015
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-2.doc
2015-1652
1
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN THISTLE DOWN, INC. A COLORADO CORPORATION AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this gay of , 2015, by and between
THISTLE DOWN, INC. A COLORADO CORPORATI , whose address is 22019 County
Road 54 Greely, CO 80631, 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."
WITNES SETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as ("Public Road Right-of-Way"), and
WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"), and
WHEREAS, 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 Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, 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 Ten
4119741 Pages: 1 of 14
Carly K015 10:58 AM R Fee:$0.00 J O/-`(p5 Carly oppes. Clerk and Recorder, Weld County, CO
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Thousand Six Hundred Nineteen Dollars, ($10,619.00). 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
"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of Two Thousand Eight Hundred Forty Dollars, ($2,840.00). The
parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of One Thousand
Three Hundred Forty Seven Dollars, ($1,347). 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 May, 15,
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,
Permanent Easement and the Temporary Construction Easement and will defend
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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 the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. 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.
9. The Temporary Construction Easement shall commence on the day of closing and
sshall expire and be of no further force or effect on January 1, 2018, or upon the
completion of the Project, whichever is earlier.
p
f 10. Owner shall not, during the term of the Temporary Construction Easement, erect
3 or construct, or allow to be erected or constructed, any building or other structures
•L:_ on the property described in Exhibit "C" which may interfere with County's full
41 enjoyment of the rights hereunder; the Temporary Construction Easement
LL° includes all rights and privileges as are necessary or incidental to County's
a =! reasonable and proper use of said easement.
11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
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Page 3 of 5
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, Permanent Easement and Temporary Construction Easement.
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, Permanent Easement 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, Permanent
Easements 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 Nineteen Thousand Two Hundred Forty Eight Dollars
($19,248.00) to the Owner for the Public Road Right-of-Way, the Permanent
Easement, and the Temporary Construction Easement by County warrant(s) at the
date of closing if agreement is signed and returned on or before May 15, 2015. If
the agreement is not signed and returned on or before May 15, 2015, the County
shall maintain its current offer of Fair Market Value of Fourteen Thousand
3 Eight Hundred Six Dollars ($14,806.00) for the Public Road Right-of-Way, the
Permanent Easement, and the Temporary Construction Easement by County
warrant(s) at the date of closing.
3.14
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m 3 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
ow o comparable to its original condition.
M
aE� 5. County shall at closing pay to Owner Six Thousand Dollars ($6,000.00) for the
o�a.ata
mco 11- Owner to remove the last tower on the existing irrigation pivot sprinkler.
a.to
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in v 6. County shall at closing pay to Owner Fifty One Thousand Seven Hundred Fifty
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Page 4 of 5
Four Dollars ($51,754.00) for the Owner to add a swing arm extension to the
existing irrigation pivot sprinkler.
7. 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 / permanent easement. At the
conclusion of construction, the County will install a new permanent right of way
fence along the boundary of the new right of way being acquired hereunder. The
Owner shall be responsible for the subsequent maintenance of said fence.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement 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
m3 no promises, terms, conditions, or obligations referring to the subject matter
'" L_'--' whereof other than as contained herein.
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- 7. This transaction shall be governed by and constructed in accordance with the laws
a s c— of the State of Colorado.
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Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: THISTLE DOWN, INC. A COLORADO CORPORATION
By: V7-04-4(2)", A A-c/a
_ Title: d/6) c _
Date: 7 � 2-C)//3.
ATTEST: d„ J W ..- dlD;e, BOARD OF COUNTY COMMISSIONERS
Weld C ty Clerk to the B..rd WELD COUNTY, CO ORADO
BY: - i- (_ t .- t
Deputy Cle J to the Bo L '� Barbara Kirkmeyer, Chair
JUN 0 8 2015
stm
APPROVED AS TO F N` � PPROVED AS.TO SUBSTANCE:'----3 JO 67"2 citA7 Controller / --s►� ,, ��,�. El e1 UIficial or epartment Head
APPROV AS TO FORM: t4/11
Director of General Services
Co nt
4119741 Pages: 5 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO
lIII KIII Illiralli rillia6L4Ili1ir NIII,YI iiiiPl iiiii Bill
Z:\WELDCNTY\C40#18\THISTLE DOWN INC PC-41 B\Compromise Agreement-Warranty Deed-4-30-15.docx
EXHIBIT-A NW 1/4 S3I-T5N-R64W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT D, RECORDED EXEMPTION NO. 0963-31-1 RE-4794,A RECORDED EXEMPTION
RECORDED UNDER RECEPTION NO. 3578313 OF THE RECORDS OF WELD COUNTY,COLORADO, LOCATED IN
THE NW1/4 OF SECTION 31, T5N, R64W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER
RECEPTION NO. 3124932 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER OF
SAID SECTION 31 BEARS NOO°37'54"W,2630.99 FEET, THENCE N89°21'59"E,40.00 FEET ALONG THE SOUTH
LINE OF THE NW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS
DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE NOO°37'54"W,827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49
TO THE SOUTHWESTERLY LINE OF SAID LOT D AND THE TRUE POINT OF BEGINNING:
THENCE CONTINUING NOO°37'54"W 1773.73 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 49 TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52;
THENCE N89°36'34"E,50.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 52;
THENCE S00°37'54"E, 1210.57 FEET;
THENCE S89°22'06"W, 20.00 FEET;
THENCE S00°37'54"E,638.45 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT D;
THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE CONCAVE TO THE WEST,81.25 FEET ALONG THE
SOUTHWESTERLY LINE OF SAID LOT D TO THE TRUE POINT OF BEGINNING, SAID ARC HAVING A RADIUS OF
1380.00 FEET, A CENTRAL ANGLE OF 03°22'25"AND BEING SUBTENDED BY A CHORD THAT BEARS
N22°18'09"W,81.24 FEET.
SAID PARCEL CONTAINS 78,589 SQUARE FEET (1.804 ACRES), MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE NORTHERLY 1803.73 FEET OF SAID NORTHWEST ONE-QUARTER;
SAID PARCEL CONTAINS 1.66 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY:
LEON W.SIEVERS, PLS 23520
RIGHT OF WAY AGENT AND SURVEYOR 4119741 Pages: 6 of 14
IN AND FOR WELD COUNTY,COLORADO. 06/29/2015 10:58 AM R Fee:$0.00
$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
Ell ��� �ri�G �iiV INNI:r'i,I51,4), Bill
RIGHT OF WAY ,, WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ACQUISITION EW-4�
1861
(�j � r�]` � � � WCR 49 CORRIDOR PROJECT
BETWEEN WCR 50&52
THISTLE DOWN INC. �/ J� PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO C_0_U N T Y-}
DATE: 3-16-15 DRAWN BY:DRH SHEET: 1 of 3
EXHIBIT-A
S89°22'06"W 20.00' 50' PROPOSED
' ROW-OF-WAY
i I
it.
30' PROPOSED
/ ROW—OF—WAY
'r_
in
APPARENT
cn EA EASEMENT THISTLE DOWN,1V, INC.
o N ` " 0
i 2 w LOT D, RECORDED EXEMPTION
NO. 0963-31-1 RE-4794
`n "' PARCEL #0963-31-2-00-044
P& A TURKEY o z cn
z RECEPTION #3124932
FARMS, INC. z
T.P.0.B. VARIABLE WIDTH
RIGHT-OF -WAY ACQUIRED
1 78,589 SQ.FT.± OR 1.804 AC.±
L=81.25'
R=1380.00'
A=03°22'25"
CH=N22°18'09"W
81.24' I I -0
'Po
P NW 1/4
-0 S31-T5N-R64W
2<• L=1210.28'
R=1380.00'
A=50°14'57"
'
NE 1/4 CH=S45°44'25"E
1171.86'
S36-T5N-R65W
o EXISTING 40' ROW NOTE: THIS EXHIBIT MAP DOES
`Qf N (ALL OF SEC. 31) NOT REPRESENT A MONUMENTED
CO BK 1046/PG 1 LAND SURVEY OR LAND SURVEY
N RECP#819281 PLAT. IT IS INTENDED TO
6-7-1939 ILLUSTRATE THE ATTACHED
NI rn PROPERTY DESCRIPTION ONLY.
I o BOULTER
z
P.O.C.
W 1/4 CORNER iN89°21'59"E 40.00'531-T5N-R64W
- -
1/4 SECTION LINE
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY
OF PUBLIC WORKS
ACQUISITION RW-40B Drexel, Barrell & Co.
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
THISTLE DOWN INC. CoLoR`°°s (719) °°°'
S.. :Rum JUNCTION (vro) 287-1960 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 GN6RIEY (rro)sal—ae�a
.. -. " ---.. „-. -- .— DATE: 12-08-14 DRAWN BY: TLT SHEET: 2 of 3
4119741 Pages: 7 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes: Clerk and Recorder, Weld County, CO
Ell kill r�: liiiI0C« 11101411 I illinl'i:kiki/I•KRili ii it
EXHIBIT-A
I I
I I
I I
N89°36'34"E 40.00'
NW CORNER N89°36'34"E 50.00' N 1/4 CORNER
S31-T5N-R64W
831-T5N-R64W
—
Wal 32 WCR52 SECTION LINE
N89°
'46
SO°37'54"E 30.00' PETITION TO VACATE
THIS PORTION OF CR 52,
APPARENT DENIED, 9-14-1915
PVREA RD.BK.14/PG.439
NE 1/4 I EASEMENT
S36-T5N-R65W NW 1/4
I S31-T5N-R64W
EXISTING 40' ROW
(ALL OF SEC. 31)
` r BK 1046/PG 1
RECP#819281
6-7-1939
.
I r THISTLE DOWN, INC.
I N
P&A TURKEY i LOT D, RECORDED EXEMPTION
FARMS, INC. I NO. 0963-31-1 RE-4794
PARCEL #0963-31-2-00-044
�I w
RECEPTION #3124932
i .
It
I o •i.:
Z M
I j
VARIABLE WIDTH
= RIGHT-OF -WAY ACQUIRED
78,589 SQ.FT.± OR 1.804 AC.±
I �I I .
•
S89°22'06"W 20.00'-\ 11 / 50' PROPOSED NOTE: THIS EXHIBIT MAP DOES
ROW-OF-WAY NOT REPRESENT A MONUMENTED
n ' LAND SURVEY OR LAND SURVEY
I PLAT. IT IS INTENDED TO
30' PROPOSED ILLUSTRATE THE ATTACHED
I '4 / ROW-OF-WAY PROPERTY DESCRIPTION ONLY.
I
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION RW-40B Drexel, Barrell Sc Co. OF PUBLIC WORKS
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
THISTLE DOWN INC. .-- COLORADO SPRINGS (719)260-0807
if GRAND JUNCTION (970)267—lseo PROJECT NO. SRP-26 SCALE: 1"-----200'
WCR 49 e GREXIRY (aro) set-Dens
WFL D cot Ivry COLORADO DATE: 12-08-14 DRAWN BY: TLT SHEET: 3 of 3
4119741 Pages: 8 of 14
06/29/2015 10:58 All R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII fill's ,TIEVVE lfiiiVilI iiii$tr'11 0:0iIi i'millyi, u III
EXHIBIT-B
PROPERTY DESCRIPTION
PVREA PERMANENT EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT D, RECORDED EXEMPTION NO. 0963-31-1
RE-4794, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3578313 OF THE RECORDS OF
WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, T5N, R64W OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND
AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3124932 OF THE RECORDS OF WELD
COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER
OF SAID SECTION 31 BEARS NOO°37'54"W, 2630.99 FEET, THENCE N89°21'59"E, 40.00 FEET ALONG
THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF
WELD COUNTY, COLORADO; THENCE NOO°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE
OF SAID WELD COUNTY ROAD 49 TO THE SOUTHWESTERLY LINE OF SAID LOT D; THENCE CONTINUING
NOO°37'54"W 1773.73 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49
TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52; THENCE N89°36'34"E, 50.00 FEET
ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 52 TO THE TRUE POINT OF
BEGINNING:
THENCE S00°37'54"E, 1210.57 FEET;
THENCE S89°22'06"W, 20.00 FEET;
THENCE SOO°37'54"E, 638.45 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT D;
THENCE SOUTHEASTERLY, 48.48 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT D, SAID ARC
HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 02°00'47" AND BEING SUBTENDED BY A
CHORD THAT BEARS S24°59'44"E, 48.48 FEET;
THENCE NOO°37'54"W, 662.61 FEET;
THENCE N89°22'06"E, 20.00 FEET;
THENCE NOO°37'54"W, 1230.49 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD
52;
THENCE S89°36'34"W, 20.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 52 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 37,828 SQUARE FEET (0.868 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS
E-713)3
ACQUISITION 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
THISTLE DOWN INC. COLORADO SPRINGS (719)2e0-0887
GRAND JQRcr1"R (970)257-1350 PROJECT NO. SRP-26 SCALE: N/A
.'"Nc, GRIMM (970)351-0645
WCR 49
WF1.D COUNTY.COLORADO DATE: 12-08-14 DRAWN BY: TLT SHEET: 1 of 3
4119741 Pages: 9 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
•
EXHIBIT-B
S89°22'06"W 20.00'-1-\1\..
50' PROPOSED
Ii . ROW-OF-WAY
N89°22'06"E 20.00'
30' PROPOSED
- / ROW-OF-WAY
APPARENT
01l °,�°' - EASEMENT THISTLE DOWN INC.
i O? N co i iD ,
i d r w LOT D, RECORDED EXEMPTION
N cr,
on Ln
A NO. 0963-31-1 RE-4794
z
PARCEL #0963-31-2-00-044
; �
P&A TURKEY o z RECEPTION #3124932
FARMS, INC. i z ` z
20' PVREA PERMANENT
EASEMENT ACQUIRED
37,828 SQ.FT.± OR 0.868 AC.±
L=81.25'
R=1380.00'
A=03°22'25"
CH=N22°18'09"W
81.24' I 'O NW 1/4
L=48.48' �("-P. 531 T5N R64W
R=1380.00' I ��
_0 ° "
CH=S24°59'44"E <, L=1210.28'
48.48' R=1380.00'
A=50°14'57"
I
NE 1/4 NE
536-T5N-R65W I 1171'86
QN N_
EXISTING 40' ROW NOTE: THIS EXHIBIT MAP DOES
NT. N (ALL OF SEC. 31) NOT REPRESENT A MONUMENTED
co BK 1046/PG 1 LAND SURVEY OR LAND SURVEY
PI RECP#819281 PLAT. IT IS INTENDED TO
6-7-1939 ILLUSTRATE THE ATTACHED
S I ° PROPERTY DESCRIPTION ONLY.
N
I in) BOULTER
z
P.O.C.-\410,W 1/4 CORNER �N89°21'59"E 40.00' - -
S31-T5N-R64W
1/4 SECTION LINE
PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS
PE-40B
ACQUISITION 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50&52
THISTLE DOWN INC. COLORADO SPRINGS (719)260-0887
GRAND JUNCTION (970) zsv-1330 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 GRIMILY (970)361-0616
WPI II COT INTY MI nR Ann DATE: 12-08-14 DRAWN BY: TLT SHEET: 2 of 3
4119741 Pages: 10 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder Weld County, CO
VIII IMPI DUI INVIR'KirhiiitilTI PPI Iii Ill ill
•
EXHIBIT-B
I I
I I
I I
N89°36'34"E 40.00'
NW CORNER -N89°36'34"E 50.00' N 1/4 CORNER
531-T5N-R64W T.P.O.B. S31-T5N-R64W
S89°36'34"W 20.00'
WCR 52 = __ -. .=WCR52 _ 34SECTION LINE
N89 _ _ _
■ �f °36' "E2636.70'
SO°37'54"E 30.00' PETITION TO VACATE
THIS PORTION OF CR 52,
APPARENT DENIED, 9-14-1915
PVREA RD.BK.14/PG.439
NE 1/4 I EASEMENT
536-T5N-R65W NW 1/4
I S31-T5N-R64W
EXISTING 40' ROW
(ALL OF SEC. 31)
BK 1046/PG 1
RECP#819281
6-7-1939
rn
co THISTLE DOWN, INC.
N
P&A TURKEY 7F12 0
LOT D, RECORDED EXEMPTION
FARMS, INc. I NO. 0963-31-1 RE-4794
zl PARCEL #0963-31-2-00-044
r, w RECEPTION #3124932
Ire)
0
I I 0
Z M i"g z
I o
O
rn 20' PVREA PERMANENT
EASEMENT ACQUIRED
37,828 SQ.FT.± OR 0.868 AC.±
I ,
I �
S89°22'06"W 20.00T,..„ 50' PROPOSED NOTE: THIS EXHIBIT MAP DOES
I
ROW-OF-WAY NOT
A U
SURVEY OR LAND SURVEY
I N89°22'06"E 20.00' PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED
I30' PROPOSED ROW-OF-WAY PROPERTY DESCRIPTION ONLY.
I
PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT PE 40B Drexel, Barrell & Co. OF PUBLIC WORKS
ACQUISITION 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50&52
.....................
THISTLE DOWN INC. COLORADO SPRINGS (719)290-0889
GRAND JUNCTION (970)267-1980 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 cRsarar (s9o) 981-0946
Wr~r n rnr rn,Tv ( C'T r..,A n� DATE: 12-08-14 DRAWN BY: TLT SHEET: 3 of 3
4119741 Pages: 11 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder: Weld County, CO
uIIIM!Vi1' tilliilidi Nii!JI4'MAYi.,WRVti IM,■rifr ,1II
EXHIBIT-C
PROPERTY DESCRIPTION
TEMPORARY EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT D, RECORDED EXEMPTION NO. 0963-31-1
RE-4794, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3578313 OF THE RECORDS OF
WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, T5N, R64W OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND
AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3124932 OF THE RECORDS OF WELD
COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER
OF SAID SECTION 31 BEARS NOO°37'54"W, 2630.99 FEET, THENCE N89°21'59"E, 40.00 FEET ALONG
THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF
WELD COUNTY, COLORADO; THENCE NOO°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE
OF SAID WELD COUNTY ROAD 49 TO THE SOUTHWESTERLY LINE OF SAID LOT D; THENCE CONTINUING
NOO°37'54"W 1773.73 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49
TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52; THENCE N89°36'34"E, 50.00 FEET
ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 52 TO THE TRUE POINT OF
BEGINNING.
THENCE SOO°37'54"E, 1210.57 FEET;
THENCE S89°22'06"W, 20.00 FEET;
THENCE SOO°37'54"E, 638.45 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT D;
THENCE SOUTHEASTERLY, 48.48 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT D, SAID ARC
HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 02°00'47" AND BEING SUBTENDED BY A
CHORD THAT BEARS S24°59'44"E, 48.48 FEET;
THENCE NOO°37'54"W, 662.61 FEET;
THENCE N89°22'06"E, 20.00 FEET;
THENCE NOO°37'54"W, 1230.49 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD
52;
THENCE S89°36'34"W, 20.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 52 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 37,828 SQUARE FEET (0.868 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
TE-40B 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
TT T Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s) 50& 52
THISTLE DOWN INC. - COLORADO SPRINGS (716)260-0887' TIMID JUNCTION (wro)257-1360 PROJECT NO. SRP-26 SCALE: N/A
WCR 49 GR66L6P (670)361—oe+a
DATE: 12-08-14 DRAWN BY: TLT SHEET: I of 3
4119741 Pages: 12 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
rI II
EXHIBIT-C
S89°22'06"W 20.00' 50' PROPOSED
I ROW-OF-WAY
N89°22'06"E 20.00'
I I
30' PROPOSED
I / ROW-OF-WAY
APPARENT
EA
a) M06 ,EASEMENT THISTLE DOWN INC.
i a)M r N
LOT D, RECORDED EXEMPTION
N 0' NO. 0963-31-1 RE-4794
N
`n °
L1-) r o �Ln PARCEL #0963-31-2-00-044
P&A TURKEY o z o
RECEPTION #3124932
FARMS, INC. i z y z
20' TEMPORARY
EASEMENT ACQUIRED
37,828 SQ.FT.± OR 0.868 AC.±
L=81.25'
R=1380.00'X I
03°22'25"
CH=N22°18'09"W
81.24' I °13 NW 1/4
A
L=48.48' <" S31-T5N-R64W
R64W
R=1380.00' I .\/
CH=S24 59 44'E <�� L=1210 R=1380.000'48.48' A=50°14'57"
NE 1/4 I CH=S45°44'25"E
1171.86'
536-T5N-R6SW R65W NOTE: THIS EXHIBIT MAP DOES% 1046/PG 1
o EXISTING 40' ROW NOT REPRESENT A MONUMENTED
I 0 ALL OF 31 LAND SURVEY OR LAND SURVEY
CV BK LOFSEC. ) PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED
RECP#819281 PROPERTY DESCRIPTION ONLY.
- 6-7-1939
N I N
n
o BOULTER
z
P.O.C.
W 1/4 CORNER N89°21'59"E 40.00'
S31-T5N-R64W
•
1/4 SECTION LINE
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
-ft-40B 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
THISTLE DOWN INC. COLORADO SPRINGS (719)'190-0887
GRAND JUNCTION (970)297-1990 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 c1�Er (970) 991-09 9
WFI n C CI I T'JTV Cnr nu A no DATE: 12-08-14 DRAWN BY: TLT SHEET: 2 of 3
4119741 Pages: 13 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes; Clerk and Recorder. Weld County, CO
IIIII K!r1IIII 6'Ilr'iiII l 1iti RrilANiii:ti liilikl*tifili iIilli 11111
EXHIBIT-C
I I
I I
I I
89°36'34'E 40.00'
NW CORNERyt_N
N89°36'34"E 50.00' N 1/4 CORNER
S31-T5N-R64W -T.P.O.B. S31-T5N-R64W
S89°36'34"W 20.00'WIT 52 _ ,)52 _ SECTION LINE����_ _ N89°36'34"82636.70'S0°37'54"E 30.00 PETITION TO VACATE
THIS PORTION OF CR 52,
APPARENT DENIED, 9-14-1915
PVREA RD.BK.14/PG.439
NE 1/4 I r" EASEMENT
S36-T5N-R65W NW 1/4
I 531-T5N-R64W
EXISTING 40' ROW
(ALL OF SEC. 31)
BK 1046/PG 1
RECP#819281
0) 6-7-1939
co THISTLE DOWN, INC.
N
P&A TURKEY I LOT D, RECORDED EXEMPTION
FARMS, INC. I � yCsi
M NO. 0963-31-1 RE-4794
zl.f,_ N '
PARCEL #0963-31-2-00-044
u, ,'-n- RECEPTION #3124932
° �, M
N f; O
Z M " Z
I l'cA ,
20' TEMPORARY
I Z- EASEMENT ACQUIRED
37,828 SQ.FT.± OR 0.868 AC.±
I �
I �
S89°22'06"W 20.00' 50' PROPOSED NOTE: THIS EXHIBIT MAP DOES
ROW-OF-WAY NOT REPRESENT A MONUMENTED
N89°22'06"E 20.00' LAND SURVEY OR LAND SURVEY
I PLAT. IT IS INTENDED TO
30' PROPOSED ILLUSTRATE THE ATTACHED
II ROW-OF-WAY PROPERTY DESCRIPTION ONLY.
1
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
TE 40B 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
THISTLE DOWN INC. _ COLORADO SPRINGS (718)280-0887
:RMD JUNCTION (970) x557-13550 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 /' GRZKIEl (970)9551-08a55
uir.I n rnt rnrry rnI CID Ann DATE: 12-08-14 DRAWN BY: TLT SHEET: 3 of 3
4119741 Pages: 14 of 14
06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
I I I I MI III 0('r, igi l .UIC4M'ie!1'finfAi Yip'), BM
186 MEMORANDUM
u. TO: Clerk to the Board DATE: August 31, 2015
V`— CouN
FROM: Tiffane Johnson/Leon Sievers
Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc #2015-1652
RECEIVED
WCR 49 Project AUG 31 ZU15
Warranty Deed with Thistle Down, Inc. WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-I.doc
5.)
Carom - NkitICLGLI
9 -02-020/5 9-�--/5"- ao�5-1�v�a.
EGoo-iz
WARRANTY DEED
THIS DEED made this o D day of , 20/••. , between Thistle Down,
Inc., a Colorado Corporation, of the County of Weld, State of Colorado, 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, Grantees:
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: vacant land.
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.
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.
4143562 Pages: 1 of 6
09/18/2015 03:35 PM R Fee:$0.00 D Fee:$0.00 /
Carly Koppes. Clerk and Recorder, Weld County, CO �/6 `/(ca
VIII�,i�,���"r h��.y Iir�'1�4�����'��i��rd'V,N A ,I II
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
THISTLE DOWN, INC.
By: 7"✓/%2J ,- `i-J:".1 `�/,-(,1 It.,;(,-,,4/
Michael J. Bolter Vice President
State of Colorado )
)ss.
County of Weld )
r`_
The foregoing instrument was acknowledged before me this zt_ day of /A u cl <> 1 ,
20 "±- Thistle Down, Inc, Michael J. Boulter, Vice President Owner.
LEON W.SIEVERS Witness my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO C
MV Ca gSSI0N�EXPI S 8,2017 �� /
Notary Public
My commission expires: c.r., -Lc'', i•-1
4143562 Pages: 2 of 6
09/18/2015 03:35 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
1111 kir Fril'i i:14,1 I1O,ii:i«+ld,h,140.1D,IMMiyt, 11111
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this c ' day of /dibl-ca-ex), 2015.
ATTEST: dirit&V X/60;e1 COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS OF STATE OF COLORADO
THE COUNTY OF WELDBY004/fafil
1861 k ~'0 •I �� 1 � "'t.I
Deputy Clerk to the Board,'' ( �, Mike Freeman, Pro-Tem
kIi " i ` -!0P BOARD OF COUNTY SEP 0 2 2015
COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
T e foregoing instrument was acknowledged before me this day of
, 2015 byMike Freeman BOARD OF COUNTY
O ISSIONERS OF THE COUNTY OF WELD.
Witne5c my hand anti nffl`'1"1
CHERYL LYNN HEW T1'
NOTARY PUBLIC
STATE OF COLORADO •
NOTARY ID 20144048044 Notary Pub
MY COMMISSION EXPIRES DECEMBER 19,2018
My commission expires:
4143562 Pages: 3 of 6
09/18/2015 03:35 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County, COD/� //
III II
EXHIBIT-A NW 1/4 S31-T5N-R64W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT D, RECORDED EXEMPTION NO. 0963-31-1 RE-4794,A RECORDED EXEMPTION
RECORDED UNDER RECEPTION NO. 3578313 OF THE RECORDS OF WELD COUNTY,COLORADO, LOCATED IN
THE NW1/4 OF SECTION 31, T5N, R64W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER
RECEPTION NO. 3124932 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER OF
SAID SECTION 31 BEARS NOO°37'54"W,2630.99 FEET, THENCE N89°21'59"E,40.00 FEET ALONG THE SOUTH
LINE OF THE NW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS
DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE N00°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49
TO THE SOUTHWESTERLY LINE OF SAID LOT D AND THE TRUE POINT OF BEGINNING:
THENCE CONTINUING NOO°37'54"W 1773.73 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 49 TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 52;
THENCE N89°36'34"E, 50.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 52;
THENCE SOO°37'54"E, 1210.57 FEET;
THENCE S89°22'06"W, 20.00 FEET;
THENCE S00°37'54"E,638.45 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT D;
THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE CONCAVE TO THE WEST,81.25 FEET ALONG THE
SOUTHWESTERLY LINE OF SAID LOT D TO THE TRUE POINT OF BEGINNING, SAID ARC HAVING A RADIUS OF
1380.00 FEET, A CENTRAL ANGLE OF 03°22'25"AND BEING SUBTENDED BY A CHORD THAT BEARS
N22°18'09'W,81.24 FEET.
SAID PARCEL CONTAINS 78,589 SQUARE FEET (1.804 ACRES), MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE NORTHERLY 1803.73 FEET OF SAID NORTHWEST ONE-QUARTER;
SAID PARCEL CONTAINS 1.66 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY:
LEON W.SIEVERS, PLS 23520 4143562 Pa
RIGHT OF WAY AGENT AND SURVEYOR 09/18/2015 03:35gPM • R 4 Fee:$0.00 D Fee:$0.00
IN AND FOR WELD COUNTY,COLORADO. Carly Koppes, Clerk and Recorder, Weld County, CO
RIGHT OF WAY its WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION .W-40B \ WCR 49 CORRIDOR PROJECT
BETWEEN WCR 50&52
THISTLE DOWN INC. ?i4 'J Jf PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO G 0U N T YY. DATE: 3-16-15 DRAWN BY:DRH SHEET: 1 of3
EXHIBIT-A
S89°22'06"W 20.00' I * / 50' PROPOSED
ROW-OF-WAY
I
30' PROPOSED
ROW-OF-WAY
y
APPARENT
EA
� EASEMENT THISTLE DOWN, INC.
Ici, M ' M
`° LOT D, RECORDED EXEMPTION
I N I. - w
NO. 0963-31-1 RE-4794
I It;-.4-
PARCEL #0963-31-2-00-044
P&A TURKEY o Z RECEPTION #3124932
FARMS, INC. z ,
T.P.0.B. VARIABLE WIDTH
RIGHT-OF -WAY ACQUIRED
78,589 SQ.FT.± OR 1.804 AC.±
L=81.25'
R=1380.00'
X03°22'25"
CH=N22°18'09"W
81.24' I O12' NW 1/4
OAF S31-T5N-R64W
'P,
I
(Z� L=1210.28'
R=1380.00'
A=50°14'57"
CH=S45°44'25"E
NE 1/4
536-T5N-R65W I I 1171.86'_IICS EXISTING 40' ROW NOTE: THIS EXHIBIT MAP DOES
VI N (ALL OF SEC. 31) NOT REPRESENT A M0NUMENTED
IIII
BK 1046/PG 1 LAND SURVEY OR LAND SURVEY
RECP#819281 PLAT. IT IS INTENDED TO
d L) 6-7-1939 ILLUSTRATE THE ATTACHED
' PROPERTY DESCRIPTION ONLY.
In
oI BOULTER
z
P.O.C.
S3 1/4 CORNER �N89°21'59"E 40.00'
S31-T5N-R64W
1/4 SECTION LINE
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY
OF PUBLIC WORKS
ACQUISITION ni-40B Drexel, Barrell 8c Co.
1800 38th street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s) 50& 52
THISTLE DOWN INC. COLORADO SPlwces (719)260-0887
csnm JUNCTION (970)267-1360 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 ctstmar (970)ssI—oe�s
WFt n rem INTY COLORADO DATE: 12-08-14 DRAWN BY: TLT SHEET: 2 of 3
4143562 Pages: 5 of 6
09/18/2015 03:35 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
MI Mr.1 r h• d'i�Ii,":L�liiI i'Irill) of Vililli i0 k i II II
EXHIBIT-A
I I
I I
I I
N89°36'34"E 40.00'
NW CORNER N89°36'34"E 50.00' N 1/4 CORNER
S31-T5N-R64W A.
S31-T5N-R64W
WC 52
k
_ , WCR 52' 63
SECTION 36. _ _ N■ N89°36'34"E 26.70'
trp
S0°37'54"E 30.00' PETITION TO VACATE
THIS PORTION OF CR 52,
APPARENT DENIED, 9-14-1915
PVREA RD.BK.14/PG.439
NE 1/4 I EASEMENT
536-T5N-R65W NW 1/4
S31-T5N-R64W
EXISTING 40' ROW
(ALL OF SEC. 31)
Of
BK 1046/PG 1
RECP#819281
es a1 6-7-1939
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C 04 THISTLE DOWN, INC.
IN
P&A TURKEY LOT D, RECORDED EXEMPTION
FARMS, INC. I h. N NO. 0963-31-1 RE-4794
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PARCEL #0963-31-2-00-044
w RECEPTION #3124932
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ir (7:::/::',E1 VARIABLE WIDTH
RIGHT-OF -WAY ACQUIRED
78,589 SQ.FT.± OR 1.804 AC.±
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S89°22'06"W 20.00' 50' PROPOSED NOTE: THIS EXHIBIT MAP DOES
I ROW-OF-WAY NOT REPRESENT A MONUMENTED
eAlli LAND SURVEY OR LAND SURVEY
I I PLAT. IT IS INTENDED TO
30' PROPOSED ILLUSTRATE THE ATTACHED
i
' ROW-OF-WAY PROPERTY DESCRIPTION ONLY.
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY OF PUBLIC WORKS
ACQUISITION RW-40B Drexel, Barrell & Co.
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4398 BETWEEN WCR(s)50& 52
THISTLE DOWN, INC. : =- 001A91°0 SPRINGS (719)260-0887
:RAND 70NCi7°a (970)2:7-135° PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 cRS6IZT (970) 9:1-0645
WELD COUNTY,COLORADO DATE: 12-08-14 DRAWN BY: TLT SHEET: 3 of 3
4143562 Pages: 6 of
g 6
09/18/2015 03:35 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO
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