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Home My WebLink About20150719.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 — ROBERT AND DIXIE WALKER 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 Robert and Dixie Walker, 23828 CR 49, La Salle, CO 80645, 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 Robert and Dixie Walker 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. C C ?o C1c,l A5> 44/30 2015-0719 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49— ROBERT AND DIXIE WALKER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: `�.axiv G� ��. 1_ •� ,�� is �"ci arbar� yer, Chair Weld County Clerk to the BoardTIAA—n gfu Mike Freeman, Pro-Tem B . 1 1 � i 1 L!i�/��,► ------- .� ty Clerk to e Boar �; 1 . / � Cean . Qnwa APPROVED AS TO FORM I186I 'raft -I' �c%a �� tW; lie A. Cozad (._J County Attorney NI 7) zc>' ' Date of signature: 1 I - Steve Moreno 2015-0719 EG0072 186= MEMORANDUM TO: Clerk to the Board DATE: March 12, 2015 1:113. GC U, N T. FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RECEIVED MAR 1 2 2015 RE: WCR 49 Project WELD COUNTY COMMISSIONERS Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement, and Temporary Construction Easement with Robert and Dixie L. Walker. Enclosure M:\F rancie`:AGENDA memos\Agenda-Leon-2.doc 2015-0719 ECG Erna 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 ROBERT WALKER AND DIXIE L. WALKER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this //yjilday of ,(>l , 2015, by and between ROBERT WALKER AND DIXIE L. WALKER, whose address is 23828 County Road 49 La Salle, Colorado 80645, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the ("Permanent Easement"), and WHEREAS, 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 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 Two 4100442 Pages: 1 of 13 0/6-- D 7�1 04/21/2015 12:30 PM R Fee:$0.00 0'- Carly Koppes. Clerk and Recorder. Weld County, CO VIII Mi�1RJRllral�h'� +:IFh5��J;�f'idk�'ilL' R k:JL i i 1111 Page 2 of5 Thousand One Hundred Eighty Dollars, ($2,180.00). 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 One Thousand Three Hundred Ten Dollars, ($1,310.00). 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 Easement described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Sixty One Dollars, ($561.00). 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 March 5, 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 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 — o xN a easement. - r' fio 9. The Temporary Construction Easements shall commence on the day of closing IN_2N and shall expire and be of no further force or effect on January 1, 2018, or upon ▪ mm the completion of the Intersection Improvement Project, whichever is earlier. �43N s x x,ro 10. Owner shall not, during the term of the Temporary Construction Easement, erect o or construct, or allow to be erected or constructed, any building or other structures " on the property described in Exhibit "C" which may interfere with County's full m, enjoyment of the rights hereunder; the Temporary Construction Easement ▪ as includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. nr -no` 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the r� NE P:AWELDCNTYVC40#18\WALKER\Walker Agreement 2-I8-15.docx 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 Easement 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 Five Thousand Two Hundred Sixty Seven Dollars ($5,267.00) 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 March 5, 2015. If the agreement is not signed and returned on or before March 5, 2015, the County shall maintain its current offer of Fair Market Value of Four Thousand Fifty One Dollars ($4,051.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit"C" to a level comparable to its original condition. 5. County shall at closing pay in the amount of Three Thousand Seven Hundred Eighty Eight Dollars ($ 3,788.00) for removal of the trees and shrubs, including the drip irrigation. 4100442 Pages: 3 of 13 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO II4T;iniKiiMil IA Ui III P:\W ELDCNTY\C40#I 8\WALKER\Walker Agreement 2-I8-15.docx Page4 of5 5. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement / 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 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. 4100442 Pages: 4 of 13 04/21/2015 12'.30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO iiii M!r1FiIL llgt00'I:14LAI'WF,7u! iiiit Bill P:\WELDCNTY\C4O#18\WALKER\Walker Agreement 2-I8-15.docx Page5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: ROBERT WALKER AND DIXIE L. WALKER 4,..-42 4 , 174 Robert Walker Dixie Walker ATTEST: dahaiW , ;zi BOARD OF COUNTY COMMISSIONERS Weld C nt Clerk to the oard WELD COUNTY, CO ORADO J ' BY: Deputy erk to the Bo `' -A ar ara Kirkmeye Chair M 1 8 2u15 APPROVED AS TO F I I ' APPROVED AS SUBSTANCE: i Controller ,_._ Electe fficial or Department Head A VED HA Director of General Services Co ttomey P:AWELDCNTYVC40#18\WAI,KER\Walker Agreement 2-18-15.docx 4100442 Pages: 5 of 13 c.2O/5— O 7/7 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO IIII PlicirtilliViihrili WIN IA 111111 LEGAL DESCRIPTIONS TO BE REVISED AT CLOSING TO INCLUDE EXISTING COUNTY ROW EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT 1, MINOR SUBDIVISION 1053-6-2-MS-4, LOCATED IN THE NW1/4 OF SECTION 6, T4N, 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. 1816874 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 6 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 6 BEARS NOO°33'06"W, 2638.65 FEET, THENCE N88°46'44"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 6 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°33'06"W, 1571.02 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER SAID RECEPTION NO. 1816874 AND THE TRUE POINT OF BEGINNING- THENCE CONTINUING NOO°33'06"W, 408.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF LOT "A", AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N88°56'38"E, 28.18 FEET ALONG THE SOUTH LINE OF SAID LOT "A"; THENCE SOUTHERLY, 339.56 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01°14'D1"AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°56'12"W, 339.55 FEET; THENCE S01°33'13"W, 68.80 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874; THENCE S88°58'38"W, 16,83 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,515 SQUARE FEET (0.218 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL Sc CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 4100442 Pages: 6 of 13 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO •IIIt4IPjFJiI�t:�Y�,I� �'�1: F��GJ+�M+K��Ltitkl+�Iv 11111 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION Rw-33 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street Boulder. CO 80301 WCR 49 CORRIDOR PROJECT ROBERT WALKER & Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)48 &50 "�• • cameo mores (n0) sso-seen DIXIE L. WALKER :RAPIDs lade)mi-a1ffi°is PROJECT NO. SRP-26 SCALE: N/A WCR49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2 EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT 1, MINOR SUBDIVISION 1053-6-2-MS-4, LOCATED IN THE NW1/4 OF SECTION 6, T4N, 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. 1816874 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 6 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 6 BEARS N00°33'06"W, 2638.65 FEET, THENCE N88°46'44"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 6 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°33'06"W, 1571.02 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER SAID RECEPTION NO. 1816874 AND THE TRUE POINT OF BEGINNING. THENCE CONTINUING NOO°33'06"W, 408.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF LOT "A", AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N88°56'38"E, 28.18 FEET ALONG THE SOUTH LINE OF SAID LOT "A"; THENCE SOUTHERLY, 339.56 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01°14'01" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°56'12"W, 339.55 FEET; THENCE S01°33'13"W, 68.80 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874; THENCE S88°58'38"W, 16.83 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,515 SQUARE FEET (0.218 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 4100442 Pages: 7 of 13 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO 1111 MIr rlJ!l!i'if 1111 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION Rw-33 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Euylneere/surveyor! (303) 442-4338 BETWEEN WCR(s)48 & 50 ROBERT WALKER Sc. O31OBL00 SPRINGS (719) 2!0.0087 DIXIE L. WALKER ° 3 J)1 1011 (WM)267-1860 PROJECT NO. SRP-26 SCALE: N/A GRUM (870)351-0.46 WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2 EXHIBIT-A I EDMONDS N88°56'38"E 28.18' PROPERTY LINE Nir LN N88°56'38"E 482.90' T. VARIABLE WIDTH RIGHT-OF-WAY ACQUIRED I 9,515 SQ.FT.± OR 0.218 AC.± NW 1/4 $6-T4N-R64W 4 L=339.56' � R=15770.00' I °' , X01°14'01" , 0 .n °,4: 4,r CH=SO°56'12"W c 4339.55' ro " 3 " - ROBERT WALKER & "' DIXIE L. WALKER 0 o x # SMITH o z R- LOT 1 , MINOR SUBDIVISION Z #1053-6-2-MS-4 OP PARCEL #1053-06-0-00-020 r1 RECEPTION #1816874 ':,-S1°33'13"W 68.80' T.P.O.B. I t PROPERTY LINE EXISTING N88°58'38"E 1218.72' 40' ROW o (NW 1/4 S6) S88°58'38"W 16.83' BK.1046/PG 25 to RECP#819302 3 NOTE: THIS EXHIBIT MAP DOES 6-7-1939 NOT REPRESENT A MONUMENTED I o h COBB LAND SURVEY OR LAND SURVEY PLAT. R IS INTENDED TO P.O.C. E THE ATTACHED zo FAMILY TRUST ILLUSTRAPROPERTY DESCRIPTION ONLY. W1/4 CORNER $6-T4N-R64W 1/4 SECTION LINE m so am I N88°46'44"E 2505.25' N88°46'44"E 40.00' I RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION Rw-33 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street. Boulder. CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)48 &50 ROBERT WALKER & -: - miniu a SPRINGS clue aso-oeev DIXIE L. WALKER rAND JUNC1e" �°'°l E6' "0D PROJECT No. SRP-26 SCALE r"=80' czar (svo)»�--oeve WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 2of 2 4100442 Pages: 8 of 13 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ■IIIIiirjr:lt!L ' ti'Nill'I'#1tid10:htrAVO.II II III EXHIBIT-B PROPERTY DESCRIPTION PVREA PERMANENT EASEMENT: A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT 1, MINOR SUBDIVISION 1053-6-2-MS-4, LOCATED IN THE NW1/4 OF SECTION 6, T4N, 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. 1816874 OF THE RECORDS OF WELD COUNTY. COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 6 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 6 BEARS NOO°33'06"W, 2638.65 FEET, THENCE N88°46'44"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 6 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOD°33'06"W, 1571.02 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER SAID RECEPTION NO. 1816874; THENCE CONTINUING NOO°33'06"W, 408.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF LOT "A", AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N88°56'38"E, 28.18 FEET ALONG THE SOUTH LINE OF SAID LOT "A" TO THE TRUE POINT OF BEGINNING. THENCE SOUTHERLY, 339.56 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01°14'01" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°56'12"W, 339.55 FEET; THENCE S01°33'13"W, 68.80 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874; THENCE N88°58'38"E, 20.02 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874; THENCE N01°33'13"E, 67.90 FEET TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY, 340.47 FEET ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF SAID LOT "A", SAID ARC HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 01°14'08" AND BEING SUBTENDED BY A CHORD THAT BEARS NOO°56'09"E, 340.47 FEET; THENCE 588°56'38"W, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT "A" TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,167 SQUARE FEET (0.187ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 4100442 Pages: 9 of 13 1800 38TH STREET 04/21/2015 12:30 PM R Fee:$0.00 BOULDER, CO 80301 Carly u Koppess.. Clerk and Recorder, Weld County.+ `C0L �y ` • 303-442-4338 ■III!l��1RYyl�� ,� hip+�IL��sI�Ii+riFA� ��I ill'i�i�ifi 11111 PVREA PERMANENT WELD COUNTY DEPARTMENT EASEMENT Drexel, Barre11 & O. OF PUBLIC WORKS ACQUISITION PE-33 1800 38th Street. Boulder. CO 80301 WCR 49 CORRIDOR PROJECT Engineer,/Surreyore (303) 442-4338 BETWEEN WCR(s)48 &50 ROBERT WALKER & $ canne°woe me zeo-veer DIXIE L. WALKER :RAND"CI" �e'°)'s+—reeo PROJECT NO. SRP-26 SCALE: N/A �sr (exo)aar-oeu WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2 EXHIBIT-B ' N88°56'38"E 28.18' EDMONDS T.P.O.B. 588°56'38"W 20.01' PROPERTY LINE Nr ,Xitk N88°56'38"E 482.90' 20' PVREA PERMANENT L=339.56' : EASEMENT ACQUIRED R=15770.00' ' =' 8,167 SQ.FT.± OR 0.187 AC.± A=01°14'01°I f NW 1/4 CH=SO°56'12"W AI' $6-T4N-R64W 339.55' L=340.47' L'Ni I ,, R=15790.00' o „ X , 01°14'08" mo , . CH=NO°56'09"E cd a Mji^. 340.47' el " o ROBERT WALKER & in kk DIXIE L. WALKER O b �..F SMITH o LOT 1, MINOR SUBDIVISION `Z #1053-6-2-MS-4 PARCEL #1053-06-0-00-020 S1°33'13"W 68.80'-Th RECEPTION #1816874 N1°33'13"E 67.90' PROPERTY LINE EXISTING I N88°58'38"E 1218.72' 40' ROW ` N88°58'38"E 20.02' (NW 1/4 $6) R BK.1046/PG PG 25 RECP#819302 NOTE: THIS EXHIBIT MAP DOES 1939 3 NOT REPRESENT A MONUMENTED 6-7-1939 LAND SURVEY OR LAND SURVEY 1(I PLAT. IT IS INTENDED TO n COBB ILLUSTRATE THE ATTACHED P.O.C. o FAMILY TRUST PROPERTY DESCRIPTION ONLY. z W1/4 CORNER 56-T4N-R64W 1/4 SECTION LINE S mom = I N88°46'44"E 2505.25' N88°46'44"E 40.00' ■ PVREA PERMANENT WELD COUNTY DEPARTMENT EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS ACQUISITION PE-33 1800 38th Street. Boulder. CO 80301 WCR 49 CORRIDOR PROJECT Euylneers/Surreyore (303) 442-4338 BETWEEN WCR(s)48 &50 ROBERT WALKER & 00,E CIPEDIGS (710)260-008., DIXIE L. WALKER : Min " Voj 2311-195° PROJECT NO. SRP-26 SCALE: 1"=80' WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 2of 2 4100442 Pages: 10 of 13 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO lIII kicar,V,VIINRErth';yKLilr :mitir;t•'1Iv}, 1I III EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT: A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT 1, MINOR SUBDIVISION 1053-6-2-MS-4, LOCATED IN THE NW1/4 OF SECTION 6, T4N, 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. 1816874 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 6 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 6 BEARS NOO°33'06"W, 2638.65 FEET, THENCE N88°46'44"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 6 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°33'06"W, 1571.02 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER SAID RECEPTION NO. 1816874; THENCE CONTINUING NOO°33'06"W, 408.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF LOT "A", AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N88°56'38"E, 28.18 FEET ALONG THE SOUTH LINE OF SAID LOT "A" TO THE TRUE POINT OF BEGINNING' THENCE SOUTHERLY, 339.56 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01°14'01" AND BEING SUBTENDED BY A CHORD THAT BEARS 500°56'12"W, 339.55 FEET; THENCE S01°33'13"W, 68.80 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874; THENCE N88°58'38"E, 20.02 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874; THENCE N01°33'13"E, 67.90 FEET TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY, 340.47 FEET ALONG THE ARC OF SAID CURVE TO THE SOUTH LINE OF SAID LOT "A", SAID ARC HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 01°14'08" AND BEING SUBTENDED BY A CHORD THAT BEARS NDO°56'09"E, 340.47 FEET; THENCE 588°56'38"W, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT "A" TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,167 SQUARE FEET (0.187ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 4100442 Pages: 11 of 13 1800 38TH STREET 04/21/2015 12:30 PM R Fee:$0.00 BOULDER, CO 80301 Carly Koppess Clerk and Recorder.U `Weld County, GOy, ` 303-442-4338 ,III Rii'1!it:r�r:r�i N!i�IS�Yiki'i it �iNiITr':4I i 11 II I TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS TE-33 1800 38th Street, Boulder. CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)48&50 ROBERT WALKER & --�- coluwoo®mice (710)1100-0087DIXIE L. WALKER -. O°Z^TM �"° °l°)°667-1°°° PROJECT NO. SRP-26 SCALE: N/A char sm)aol—rou WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 1 of 2 EXHIBIT-C i I N88°56'38"E 28.18' EDMONDS T.P.O.B. SBS°56'38"W 20.01' PROPERTY LINE NY - N88°56'38"E 482.90' 20' TEMPORARY EASEMENT L=339.56' ty " ACQUIRED R=15770.00' ' 8,167 SQ.FT.± OR 0.187 AC.± A=01°14'01" SY4T NW 1/4 CH=SO°56'12'W56-T4N-R64W 339.55' ;`'S", L=340.47' I 4th± R=15790.00' X I -0, 01°14'08" i° °° CH=N0°56'09"E oi a ,d.,1 340.47' PI " ROBERT WALKER & DIXIE L. WALKER SMITH o Z LOT 1 , MINOR SUBDIVISION #1053-6-2-MS-4 S1°33'13"W 68.80'--, _�; PARCEL #1053-06-0-00-020 RECEPTION #1816874 Ii' N1°33'13"E 67.90' rr� PROPERTY LINE EXISTING N88°58'38"E 1216.72' 40' ROW N N88°58'38"E 20.02' (NW 1/4 S6) N BK.1046/PG 25 NOTE: THIS EXHIBIT MAP DOES RECP#81 3 NOT REPRESENT A MONUMENTED 6-7-1939 939 ro LAND SURVEY OR LAND SURVEY I o n COBB PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED P.O.C. o FAMILY TRUST PROPERTY DESCRIPTION ONLY. z W1/4 CORNER $6-T4N-R64W 1/4 SECTION LINE a a a I N88°46'44"E 2505.25' N88°46'44"E 40.00' ■ TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Harrell & Co. OF PUBLIC WORKS TE-33 1800 38th Street Boulder. CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4938 BETWEEN WCR(s)48&50 ROBERT WALKER & - crom"Aro USD= caul 260-0887 DIXIE L. WALKER / :RAND Minnte6)>26,-156° PROJECT NO. SRP-26 SCALE 1"=80' 2®sr e 661-08.6 WCR 49 WELD COUNTY,COLORADO DATE: 11-18-14 DRAWN BY: TLT SHEET: 2 of 2 4100442 Pages: 12 of 13 04/21/2015 12:30 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County, CO ■Ill Mlr1I:«d?qhllOPkl1711.g+,'.NIA c'ih,I': iltii, i Li II III EXHIBIT"D" POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that I ® Robert Walker and Dixie L.Walker [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)I is (are) the Owner(s) of record and for a good and valuable consideration, the receipt of which is hereby acknowledged,do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado corporation, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the undersigned: A UTILITY EASEMENT 20 FEET WIDE.10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER# ® Reception No. County Weld• Township 4 N, Range 64 W, Section 6 Book Pages for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity,operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or system, including,but not limited to,poles,towers, fixtures, conductors,guy wires,cables,conduits, vaults,transformers,pads,and enclosures,on,over or under the above-described lands; A. And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and shrubbery located within 18 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other facilities of the Association. B. The undersigned agrees to keep the area within 18 feet of the centerline of said underground or overhead electric line or system clear of buildings,structures, piles of earth, rubbish,debris or other substances or materials, and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems. C. And grants to the Association the right of access for ingress and egress over the lands above-described and the right to use the roads or trails,whether public, private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed from time to time. D. And further agrees that all facilities installed by or for the Association shall remain the property of the Association, removable at the option of the Association. E. And further grants to the Association the right to use the easement for communication purposes including wireless transmitters and receivers and phone line carrier equipment. F. And shall not grant any other easement right-of-way,permit or license upon, under or over said property without the written consent of the Association.The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. G. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: MORTGAGE COMPANY NAME: © IN WITNESS WHEREOF the undersigned has set his hand and seal this day of ,20 (Owner) (Signature) (Owner) (Signature) (Owner) STATE OF COLORADO ) (Signature) ) ss: COUNTY OF ) SEAL © The foregoing instrument was acknowledged before me this day of 20 by, [PRINT OWNER(S) OF RECORD NAME(S)] Notary Public: My Commission Expires: (Ri vnatnrr 1 PODURL VALLLY RLA P O BOX 272550 4100442 Pages: 13 of 13 FORTCOLLN5.CO%:•9r• Documeml 04/21/2015 12:30 PI1 R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO X111 kir11'LIMd', 41101 l lOki IC Mr.ft'II,YI'ri iiII I ..;,12.aer MEMORANDUM TO: Clerk to the Board DATE: April 20, 2015 /COUNTY j FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Doc#2015-071' RE: WCR 49 Project between WCR 48 & WCR 50 RECEIVED APR 21 2015 Warranty Deed with Robert and Dixie L. Walker WCR 49 Project WELD COUNTY COMMISSIONERS M Wrancie\AGENDA memos\Agenda-Leon-1 doe Coaa 1s � at?leo LIFa453 a015-0-rq ��15 EGoo7a WARRANTY DEED THIS DEED made this p2 day of A-1 ic- , 20/5-between Robert Walker and Dixie L. Walker 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 23828 WCR 49, LaSalle, Weld County, Colorado. 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. 4102951 Pages: 1 of 5 04/29/2015 12:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ■III M!��R74h �1�h,Ohs +f1Pi'INa~�Pi;{ lip County, t#Wlh 11111 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. ROBERT WALKER, Owner DIXIE L. WALKER, Owner State of jciLVLid 0 ) )ss. County of CvC66' ) The foregoing instrument was acknowledged before me this /(P day of �yV( I , 20(p , by Robert Walker and Dixie L. Walker, Owners. TIFFANE V.JOHNSONI Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154009170 MY COMPASSION EXPIRES AMRCH 4,2019 / ! 6-11-4,34417 Notary Public My commission expires: pc H 4102951 Pages: 2 of 5 04/29/2015 12:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County., GO ■III ra ITV NIII9WililII'iii:i,V,4 l.ri'XiIALikI:I i II III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Publlii/c Highway,pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this o� / �� day of Age/-- , 2015. ATTEST: d-� ` L'edii COUNTY OF WELD, A BODY CLERK TO THE BOARD OF �"" CORPORATE AND POLITIC OF THE COUNTY COMMISSIONE E Le, STATE OF COLORADO THE COUNTY OF WELD t t 61 Cr BY: /2 '_ � � I .44 -.$ BY. Deputy Cl,:'rk to the Board T..F/ rbara Kirkmey r, Chair PR 2 7 2015 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The he foregoing instrument was acknowledged before me this 027 ' day of Lt_hr'A_, p„ , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO tary Public NOTARY ID 20144002878 MY CAMMISSIDN EXPIRES JANUARY 22,2018 My cornmissiuu cAptres: etueutahAt\ cU)aoig 4102951 Pages: 3 of 5 c>20/5— Q7� 9 04/29/2015 12:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO ■iiiFir1RI eliNli dk,V.FirMIr,IDDLii'r'llig, "iui EXHIBIT-A NW 1/4 S6-T4N-R64W PROPERTY DESCRIPTION RIGHT OF WAY ALL THAT PORTION OF LOT 1, MINOR SUBDIVISION 1053-6-2-MS-4, LOCATED IN THE NW1/4 OF SECTION 6,T4N, 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. 1816874 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 6 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 6 BEARS N00°33'06"W,2638.65 FEET, THENCE N88°46'44"E,40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 6 TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 25 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N00°33'06"W, 1571.02 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER SAID RECEPTION NO. 1816874 AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING N00°33'06"W, 408.09 FEET ALONG THE THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF LOT"A",AMENDED RECORDED EXEMPTION NO. 1053-06-2 RE-3255,A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2951011 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE 588°56'38"E, 28.18 FEET ALONG THE SOUTH LINE OF SAID LOT"A"; THENCE SOUTHERLY, 339.56 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO POINT TANGENT,SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01°14'01" AND BEING SUBTENDED BY A CHORD THAT BEARS 500°56'12'W, 339.55 FEET; THENCE S01°33'13"W, 68.80 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 1816874 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,515 SQUARE FEET (0.218ACRES), MORE OR LESS LEGAL. 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 SOUTHERLY 408.00 FEET OF THE NORTHERLY 1067.49 FEET OF SAID NORTHWEST ONE-QUARTER; SAID PARCEL CONTAINS 0.38 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY: LEON W. SIEVERS, PLS 23520 RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4102951 Pages: 4 of 5 04/29/2015 12:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO IM FIAIV,, i4134,11iIN B RIGHT OF WAY yy. WELD COUNTY DEPARTMENT ACQUISITION �W_3� 6 OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT 1 '�J BETWEEN WCR 48&50 WALKER �/ -A. D% PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO c L1 Nr-IX DATE: 3-17-15 DRAWN BY:DRH SHEET: I oft EXHIBIT-A I EDMONDS /N88°56'38"E 28.18' PROPERTY LINE 31, , N88°56'38"E 482.90' VARIABLE WIDTH RIGHT-OF-WAY ACQUIRED 9,515 SQ.FT.± OR 0.218 AC.± I *,' NW 1/4 ; SG-T4N-R64W L=339.56' R=15770.00' o 4=01°14101" 7‘.(O) ao CH=SO°56'12"W m a 339.55' M " o ROBERT WALKER & M , DIXIE L. WALKER a .Ott SMITH o Z LOT 1, MINOR SUBDIVISION Z #1053-6-2-MS-4 PARCEL #1053-06-0-00-020 RECEPTION #1816874 SL S1°33'13"W 68.80' T.P.O.B. PROPERTY LINE EXISTING I I N88°58'38"E 1218.72' 40' ROW o (NW 1/4 56) R S88°58'38"W 16.83' BK.1046/PG 25 RECP#819302 3 NOTE: THIS EXHIBIT MAP DOES 6-7-1939 NOT REPRESENT A MONUMENTED I "�o COBB LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO P.O.C. z FAMILY TRUST ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. W1/4 CORNER 6- $6-T4N-R64W 1/4 SECTION LINE a a" a I "- N88°46'44"E 2505.25' N88°46'44"E 40.00' ■ RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-33 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Enytneers/Suneyors (303) 442-4338 BETWEEN WCR(s)48& 50 ROBERT WALKER& 4);: COLORADO 4> (719) °,,, DIXIE L. WALKER /7771/2-; c°RIND Mel" (rrol(ero)°N7- ° PROJECT NO. SRP-26 SCALE: I"=80' ®sr set-oea WCR 49 WELD COUNTY,COLORADO DATE: I 1-18-141 DRAWN BY: I T SHEET: 2 of 2 4102951 Pages: 5 of 5 04/29/2015 12:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO IN f+!I1P,44MPh+h'lli }:Likr.0 VAIN'I1Iliii4;lii, BIM Hello