The URL can be used to link to this page

Browse Search

Home My WebLink About20143782.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT UTILITY EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN -JAMES AND SHARON WELCH 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 to Purchase Public Road Right-of-Way, Permanent Utility Easement and Temporary Construction Easement for certain improvements to CR 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 James and Sharon Welch, commencing upon execution of signature, with further 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 to Purchase Public Road Right-of-Way, Permanent Utility Easement and Temporary Construction Easement for certain improvements to CR 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 James and Sharon Welch be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dedavti I` �j � R�k2 `1cc�pJ�^� �• sK Douglas'F2ademacheir, Chair Weld County Clerk to the Board w l� /Liz • Kirkmeyer, ro-Tem BrWa Depjjty Clerk to he Board onway APPROVED AS TO FORM: �►� ^e Fre;m�y} County Attorney William F. Garcia Date of signature: 12/13 2014-3782 CC:PwU±pn 3tl�,vws> �212A EG0070 r86r MEMORANDUM fit. a 'J V TO: Clerk to the Board DATE: November 25, 2014 OU_N I FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Items Attached is one original Agreement for the Purchase of Public Road Right-of-Way, Permanent Utility Easement, and Temporary Construction Easement for Certain Improvements to WCR 49 with James E. Welch and Sharon M. Welch. Enclosures M-\Francie\AGGNDA memos V Agenda-Leon-3 doe 2014-3782 /273- zoi4 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN JAMES E. WELCH AND SHARON M. WELCH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 9 day of1 2014, by and between James E. Welch and Sharon M. Welch, whose address is 18626 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 1 150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." W'ITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"A" (hereinafter referred to as "Public Road Right-of-Way"), and WIIEREAS, Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the "Utility Easements"), 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 Utility Easement for the benefit of the Poudre Valley Rural Electric Association. Inc. (hereinafter "PVREA"), in order to accommodate the relocation of existing electrical distribution facilities owned by PVREA, and WHEREAS, County requires a Temporary Construction Easement in order to construct the Project, and WI IEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, 'THEREFORE, the parties herein agree as follows: OWNER'S RIGI ITS AND RESPONSIBILITIES: 1 . Owner agrees at closing to sell and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is 4070031 Pages: 1 of 12 12/1Steve Moreno 01:55 and n R Fee .e0 ( /4/. 37p� Steve Moreno. Clerk PRecorder. Weld Coun[y, CO 8 VIII IMi�J�J,�14��t1��,� 'l��f,FJti}I��II'hI!19 �Y I i III III Page 2 of 5 attached hereto and made a part hereof by this reference), for the sum of One Thousand Five Hundred Dollars, ($1500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Utility Easement to PVREA described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Dollars, ($500.00). 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 Three Hundred Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Utility Easement 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 the Utility Easement to PVREA by Easement, in the form attached hereto as Exhibit "D", free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. -�Nm —< -.1 °m 8. The Temporary Construction Easement shall commence on the day of closing, mmw' and shall expire and be of no further force or effect on January 1, 2018, or upon +'pA � m the completion of the Project, whichever is earlier. (1, —o v�m 9. Owner shall not, during the term of the Temporary Construction Easement, erect a3 or construct, or allow to be erected or constructed, any building or other structures orN on the property described in Exhibit "C" which may interfere with County's full ■ a� o enjoyment of the rights hereunder; the Temporary Construction Easements C�ml' includes all rights and privileges as are necessary or incidental to County's z• N reasonable and proper use of said easement. Cam sn i3; 10. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Utility Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way, C: Documents and SettingsVIsievers\Local Settings\Temporary Internet Files\Content.Outlook\1697KU0L\WELCH REV Agreement I I-I9-I4.docx Page 3 of 5 Utility Easement and Temporary Construction Easement. 11. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right-of-Way to County and the Utility Easement to PVREA at 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, the Utility 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 Deed of Dedication to County and the Easement to PVREA. 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, Utility Easement and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way, Utility Easements and Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and / or the Deed of Dedication. 3. County shall pay Owner the sum of$2,300.00 for the Public Road Right-of-Way, the Utility Easement, on behalf of PVREA, and the Temporary Construction Easement by County warrant(s) at the date of closing. -m'..A onNO 3 e m 4. County, as a condition of the granting of Temporary Construction Easement 73\m covenants and agrees to restore the property described in Exhibit "C" to a level o a comparable to its original condition. mom Nm 5. Prior to construction commencing on the Project and right of way described —Cm4 herein, the County shall construct a temporary fence line along the outside r_g, boundary of the temporary construction easement / utility easement. At the `" conclusion of construction and after reseeding reaches approximately 80% �a�o r ? " maturity, the County will relocate said temporary fence line to the new right of z- way line along the boundary of the new right of way being acquired hereunder. dam The fence shall be constructed of stock resistant wire and metal T-posts, with le wooden brace posts for support as necessary. The permanent right of way fence shall become the ownership and responsibility of the Owner at the conclusion of ?-o the construction of the Project. P:\WELDCNTY\C40#I8\WELCH\Acquisition\WELCH REV Agreement 11-4-14.docx Page 4 015 MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way, Utility 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. 4070031 Pages: 4 of 12 12/19/2014 01:55 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO ■III M)rjf'?ordtlmii+;FninixfI,'iJh°,5 II III P:AWELDCNTY\C40#I8\WELCH\Acquisition\WELCH REV Agreement 11-4-14.docx Page 5 of 5 IN WITNESS WHEREOF. the parties have set their hands on the day and year first above written. OWNER: JAMES E. WELCH AND SHARON M. WELCH Ja;ks E. Welch Sharon M. Welch WsdatAl A, ATTEST: •!, BOARD OF COUNTY COMMISSIONERS Weld . nt Clerk to th ' oar. ,p' `' , WELD COUNTY, COLORADO BY' ��_� i6t .ar �.� 6 -- Deputy a ! , S'�-rk to the B t you la . 'ademach-r, Chair ) 9y 9 DECO $ 2014 ern APPROVED AS TO FUNDING: APPROVED A 0 SUBSTANCE: C Controller Elept'ed Official or De a ment Head APPROVED AS TO FORM: N I R Director of General Services County Attorney 4070031 Pages: 5 of 12 12/19/2014 01:55 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■IIIIerdralliIcKi. ri'CF.',15,If0111Ib1Ll4f04), IIIII AC/471 378 P:AWELDCNTY\C40##18\WELCHVAcquisition\WELCH REV Agreement 11-4-14.docx EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-31-2 RE-3656, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3126889 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, 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. 3204772 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°21'17"W, 702.54 FEET ALONG THE WEST LINE OF SAID LOT B TO THE NORTHWEST CORNER OF SAID LOT B; THENCE N88°23'15"E, 35.23 FEET ALONG THE NORTH LINE OF SAID LOT B; THENCE SOUTHERLY, 320.76 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, SAID ARC HAVING A RADIUS OF 15630.01 FEET, A CENTRAL ANGLE OF 1°10'33" AND BEING SUBTENDED BY A CHORD THAT BEARS S00°19'03"W, 320.75 FEET; THENCE SO0°16'16"E, 381.85 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE 588°17'48"W 30.91 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 22,423 SQUARE FEET (0.515 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 4070031 Pages: 6 of 12 12/19/2014 01 :55 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO ■III N��1�RRw��ih+�tiNAK+ "Ill RIGHT -OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW_5 Drexel, Barrell & Co. OF PUBLIC WORKS 'I 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38 &40 JAMES E. WELCH AND COLORADO SPm$08 (719)260-0891 SHARON M. WELCH " e n°'1T1os r97,10) )rd1-1959 PROJECT NO. SRP-26 SCALE. N/A 9�sr (sac) ffi1—ae,9 WC/12 49 WELD COUNTY,CO1ORAIO DATE: 9-03-14 DRAWN BY. TCf SHEET. 1 of 2 EXHIBIT-A I N 1/16 CORNER I I WALTERS S31-T4N-R64W I I I N88 23'15"E 35.23' - - - ' - LIN E NW CORNER LOT B N 1/16 CORNER ' L=320.76' WITNESS CORNER ' R=15630.01' S31-T4N-R64W I ° A =1°10'33" ' CH=SOO°19'O3"W NW 1/4 I 320.75' 531-T4N-R64W I ' I I I I I STATE OF I ' COLORADO I RIGHT-OF-WAY ACQUIRED ' ' (VARIABLE WIDTH) I ' o z= ; 22,423 SQ.FT.± OR 0.515 AC.± F. JAMES E. WELCH AND • Z SHARON M. WELCH ' I LOT B, EXEMPTION #RE-3656 I �' :; PARCEL #1053-31-2-00-020 I °I RECEPTION #3204772 I , w 1 31 PI I I NI - . p I D to I � . I NOTE: THIS EXHIBR MAP DOES NOT I REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED EXISTING 40' ROW I ^,I: PROPERTY DESCRIPTION ONLY. BK 1060/PG 72 ' • q44 04-06-1940 I ' I PROPERTY LINE I SW CORNER LOT B I i 588°17'48"W 30.91' HOYLAND RIGHT-OF-WAY ' WELD COUNTY DEPARTMENT ACQUISITION FS Drexel, Barrell & Co. OF PUBLIC WORKS 1800 9Bt6 Street, Boulder, CO 80901 WCR 49 CORRIDOR PROJECT JAMES E. WELCH AND Engineers/surveyors (303) 442-4938 BETWEEN WCR(s)38&40 COLORADO sps (719)260-0087 SHARON M. WELCH ��//h_ rum Awn* WO Ie7-1ss0 PROJECT NO. SRP-26 SCALE: 1"= 100 �sr (070)961-0040 WCR 49 Gil WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 of 2 4070031 Pages: 7 of 12 12/19/2014 01:55 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III finnilb/v'ti' W lliVik1'J'M'F'A i'i II III EXHIBIT-B PROPERTY ,DESCRIPTION PERMANENT EASEMENT ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-31-2 RE-3656, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3126889 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, 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. 3204772 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°21'17"W, 702.54 FEET ALONG THE WEST LINE OF SAID LOT B TO THE NORTHWEST CORNER OF SAID LOT B; THENCE N88°23'15"E, 35.23 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING- THENCE SOUTHERLY, 320.76 FEET ALONG THE ARC or A CURVE CONCAVE TO THE EAST, SAID ARC HAVING A RADIUS OF 15630.01 FEET, A CENTRAL ANGLE OF 1°1d'33" AND BEING SUBTENDED BY A CHORD THAT BEARS 500°19'03"W, 320.75 FEET; THENCE SOO°16'16"E, 381.85 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE N88°17'48"E, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT B; THENCE NOO°16'16"W, 381.35 FEET; THENCE NORTHEASTERLY, 321.23 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST TO THE NORTH LINE OF SAID LOT B, SAID ARC HAVING A RADIUS OF 15610.01 FEET, A CENTRAL ANGLE OF 1°10'45" AND BEING SUBTENDED BY A CHORD THAT BEARS N00°19'x9"E, 321.22 FEET; THENCE S88°23'15"W, 20.02 FEET ALONG THE NORTH '.LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 14,053 SQUARE FEET (0.323 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 4070031 Pages: 8 of 12 12/19/2014 01 :55 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Dui M��lr,�ti r,st Sit1111 HI WELD COUNTY DEPARTMENT PERMANENT EASEMENT OF PUBLIC WORKS ACQUISITION PE-5 Drexel, Barren & Co. 1800 38th street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineere/surveyor. (303) 442-4338 BETWEEN WCR(s)38&40 JAMES E. WELCH AND COLORADO sem (719)260-0887 SHARON M. WELCH e"�"""Tp" )`WM)86'-1660 PROJECT N0. SRP-26 SCALE: N/A WCR 49 l o�sr '... (ow am-aaa WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 1 oft • EXHIBIT-B S31-T4N-R64W ' _ 1 T.P.O.B.8°23115"W 5.23' 20.02'_ _ _ _ N 1/16 CORNER WALTERS - - I 1 588°23' _ _��_, ' PROPERTY LINE Oil NW CORNER LOT B ' 1 N 1/16 CORNER ' I I WITNESS CORNER ' S31-74N-R64W I I I ' I NW 1/4 ' ' I 531-T4N-R64W 1 L=320.76' R=15630.01' I 1 L=321.23' A =1°10'33" 1 1 I R=15610.01' CH=S00°19'03"W I , _ t =1°10'45" 320.75' I CH=N00°19'09"E I I 321.22' I I 1 0 1 • STATE OF I COLORADO I 1 ' 20' UTILITY EASEMENT ACQUIRED aI i I o I 14,053 SQ.FT.± OR 0.323 AC.± � I NT 1 1 n 1 31 ' I ' N • JAMES E. WELCH AND I z SHARON M. WELCH I I LOT B, EXEMPTION #RE-3656 ill.: n' 171:! PARCEL #1053-31-2-00-020 MII .4. MNI RECEPTION #3204772 1 II3��1NII4 pI "p1 Z I Z �� I ' ' NOTE: THIS EXHIBIT MAP DOES NOT I 1 III III:I REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS ' INTENDED TO ILLUSTRATE THE ATTACHED EXISTING 40' ROW I PROPERTY DESCRIP11ON ONLY. BK 1060/PG 72 ' 04-06-1940 1 ' ! PROPERTY LINE I P.O.C. - I N88°17'48"E 20.01' SW CORNER LOT B I i HOYLAND PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION PE_5 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 seta street. Boulder, Co ea301 WCR 49 CORRIDOR PROJECT Engineers/surveyors (303) 442-4338 BETWEEN WCR(s)38&40 JAMES E. WELCH AND = COLORADO macs 'Ile)Ie0-Ole? SHARON M. WELCH UNetm NINLTDN (°'e>Q57-1 0 PROJECT NO. SRP-26 SCALE: I"=I00 WCR 49 = o�sr (vro7 set-oeu WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 012 4070031 Pages: 9 of 12 12/19/2014 01:55 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■IIIf+,lrarfilkdhV1tt'l'Ml+Jii11tk119I1L liIII1 Yl'vi, Ill III EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-31-2 RE-3656, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3126889 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, 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. 3204772 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°21'17"W, 702.54 FEET ALONG THE WEST LINE OF SAID LOT B TO THE NORTHWEST CORNER OF SAID LOT B; THENCE N88°23'15"E, 35.23 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING: THENCE SOUTHERLY, 320.76 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, SAID ARC HAVING A RADIUS OF 15630.01 FEET, A CENTRAL ANGLE OF 1°10'33" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°19'03"W, 320.75 FEET; THENCE S00°16'16"E, 381.85 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE N88°17'48"E, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT B; THENCE NOO°16'16"W, 381.35 FEET; THENCE NORTHEASTERLY, 321.23 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST TO THE NORTH LINE OF SAID LOT B, SAID ARC HAVING A RADIUS OF 15610.01 FEET, A CENTRAL ANGLE OF 1°10'45" AND BEING SUBTENDED BY A CHORD THAT BEARS NOO°19'09"E, 321.22 FEET; THENCE 588°23'15"W, 20.02 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 14,053 SQUARE FEET (0.323 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 4070031 Pages: 10 of 12 12/19/2014 01:55 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III KUr11M LiIlliha' trf ItiNiiCi rgilg dl,:euliti BIM I TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-5 Drexel, Barre11 & Co. OF PUBLIC WORKS woo sec, street, Boulder, Co eosoi WCR 49 CORRIDOR PROJECT Engineers/Surveyors (sos) 442-4338 BETWEEN WCR(s)38&40 JAMES E. WELCH AND wwuw 81,291981,2919 (719)no-9997 SHARON M. WELCH {\ 6°om mono p) PROJECT NO. SRP-26 SCALE: N/A WCR 49 air pi)rsvrowoeu WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: I of2 EXHIBIT-C N88°23'15"E 35.23' N 1/16 CORNER I WALTERS S31-T4N-R64W T.P 1 1 I. S88°2315"W 20.02' PROPERTY LINE NW CORNER LOT B i 1 :::. N 1/16 CORNER 1 , WITNESS CORNER 1 I Al S31—T4N—R64W I 1 1 1 NW 1/4 1 a I 531-T4N-R64W 1 i L=320.76' , R=15630.01' u , L=321.23' A =1°10'33" , I R=15610.01' CH=S00°19'03"W 1 , I A =1°10'45" 320.75' I , CH=N00°19'09"E 1 321.22' 1 STATE OF I COLORADO I 1 1 20'TEMPORARY EASEMENT ACQUIRED 1 I N 14,053 SQ.FT.± OR 0.323 AC.± I 1 N n 1 3I 1.1 IN JAMES E. WELCH AND I ' SHARON M. WELCH : LOT B, EXEMPTION #RE-3656 I in ^1 ii cc M PARCEL #1053-31-2-00-020 icti n 1 M col RECEPTION #3204772 1 I I w IN I in �� 1 o co I a o 1 NI O O I 'O 1 I N Z I IZ I 1 1 Vi I , I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY I 1 q"? PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED EXISTING 40' ROW 1 ri PROPERTY DESCRIPTION ONLY. 1 BK 1060/PG 72 1 04-06-1940 I I I 1 PROPERTY LINE I N88°17'48"E 20.01' SW CORNER LOT B 1 I HOYLAND I - TEMPORARY EASEMENT WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION rE-5 Drexel, Barrell &1800 Serb screen Boulder. Co S030Co.11 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40 JAMES E. WELCH AND corner SPRINGS (no no-neat SHARON M. WELCH GROWN `PIe 2Z-1900 PROJECT NO. SRP-26 SCALE: 1"=I00 WCR 49 lNe�r A10 �e? �-oee WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 of2 4070031 Pages: 11 of 12 12/19/2014 01:55 PM R Fee:$0.00 Steve Moreno, Clerk and�L Recorder, Weld uC,o`unty, CO ■iii MI'ill'!YM1'IlIITh1YTtII:TYLI11r1IINIFMOIIi'IIiYi 11111 EXHIBIT"D" POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that (PRINT FULL NAfsil (S)(SINGLE, JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNERIl 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# 0 Reception No. County Township N, Range W, Section Book Page_, for the purposes of constructing, reconstructing, inspecting,upgrading. increasing voltage or line capacity,operating,repairing, maintaining, and extending from time to lime 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, hushes and shrubbery located within 18 feet of the centerline of said tine 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 Imes 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 he deemed acquiescence or waiver by the Association of any of its hereby expressed rights. 0. 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: \IORTGA(;E COMII'ANY NAME: ® IN WITNESS WHEREOF the undersigned has set his hand and seal this day of_- .20_.__ (Owner) 0 (signature, (Owner) 0— (Signature) (Owner) 0 STATE OF COLORADO ) (Signature( ) ss: COUNTY OF ) SEAL 0 The foregoing instrument was acknowledged before me this day of�•,_ 20._... by. PRINT OWNER(S)OF RECORD NAMEtS)) Notary Public'.... ._. My Commission Expires' (Signature) L,::,v:.v,u.u..ItLA I•U t,nX MI" 1117 11':If I INC t 4070031 Pages: 12 of 12 12/19/2014 01:55 PM R Fee:$0.00 Ste','e Moreno, Clerk and Recorder, Weld County, CO VIII RICATikillilliNNitlarailallinalli lad 11111 181 . MEMORANDUM TO: Clerk to the Board DATE: March 9, 2015 G du.NTY FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Doc #2014-3782 Purchase of ROW Agreement RECEIVED Warranty Deed with James and Sharon Welch. MAR 1 0 205 Enclosure WELD COUNTY COMMISSIONER( M 1Francie\AGENDA memo&Ayenda-Leon-I doc J 3-I to-020/5 eC �t�(FeAs) 23 a0/y-3782 E&007O WARRANTY DEED fil THIS DEED made this / day of P/Vecti , 20Jj, between James Welch and Sharon Welch, 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 "0" 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 18626 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. 4091090 Pages: 1 of 6 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII FAN iY�u�l�lti��l't�hil�4rf: 1�h4,!Ili VII IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. JES E. WELCH, Owner ON M. WELCH, Owner State of ) )ss. County of ) The foregoing instrument was acknowledged before me this 1� day of taolc. 11-, 20 15 , by James E. Welch and Sharon M. Welch, Owners. LEON W.SEVERSWitness my hand and official seal. NOTARY POOLE STATE OF COLORADO NOTARY ID 20014024300 , W COMMON EXPIRESAUGUS S 2017 JC Le,(_i-Zt.� ��UZv . Notary Public My commission expires:t)6-OS -17 4091090 Pages: 2 of 6 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO 1111 MMINVI:1 cL"i'IA%K'i u ioii.y.l M��11i i, 11III 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). T� Dated this A� day of Pill , 2015. ATTEST: dolt. l G. r ��a- ++. COUNTY OF WELD, A BODY CLERK TO THE BOARD OF /��,, , • ILz. CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS 11 I STATE OF COLORADO THE COUNTY OF WELD 461 tbrilljiau 11 r NIS rat BY: „ / i� BY: MAR 1 i zato- Deputy CI y k to the Board Mike Freeman, Pro-Tem BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO )ss COUNTY OF WELD The foregoing instrument was acknowledged before me this 16th day of March , 2015 byMike Freeman , BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Pro—Tern. Witness nw hand and official seal. RAFAELA ALICIA MARTINEZ ,, " � " NOTARY PUBLIC a UA , STATE OF COLORADO ary Public NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2018 My isslon expires. coG� o7a/ 02018 4091090 Pages: 3 of 6 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO NE: MYAM "Ill • p/ c) EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-31-2 RE-3656, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3126889 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, 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. 3204772 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE N0O°21'17"W, 702.54 FEET ALONG THE WEST LINE OF SAID LOT B TO THE NORTHWEST CORNER OF SAID LOT B; THENCE N88°23'15"E, 35.23 FEET ALONG THE NORTH LINE OF SAID LOT B; THENCE SOUTHERLY, 320.76 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, SAID ARC HAVING A RADIUS OF 15630.01 FEET, A CENTRAL ANGLE OF 1°10'33" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°19'03"W, 320.75 FEET; THENCE SOO°16'16"E, 381.85 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE 588°17'48"W, 30.91 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 22,423 SQUARE FEET (0.515 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 WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION (kW_) Drexel, Barrel]. & Co. 1800 38th street Boulder, co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (309) 442-4338 BETWEEN WCR(s)38&40 JAMES E. WELCH AND - COLORADO SPRINGS (,J91 ze-0687 SHARON M. WELCH y °B4D ^°"J°"r ("°°(J 111368 PROJECT NO. SRP-26 SCALE: N/A ( °)sal—Bole WCR 49 WELD COUNTY,COLORADO DATE: X-X-I4 DRAWN BY: TLT SHEET: I of 2 4091090 Pages: 4 of 6 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO 1J�7G��tf:�LYlI�, 11111 EXHIBIT-A I N 1/16 CORNER WALTERS S31-T4N-R64W , , i N88°23'15"E 35.23' ' - 4 PROPERTY LINE NW CORNER LOT B-I i N 1/16 CORNER ' ' L=320.76' WITNESS CORNER ' I R=15630.01' S31—T4N—R64W I I A —1°10'33" i CH=S00°19'03"W NW 1/4 g 320.75' 531-14N-R64W e , II I I , Ii 1 I 1 , STATE OF COLORADO I ,I a RIGHT-OF-WAY ACQUIRED ' I "1 (VARIABLE WIDTH) ' 0 • 22,423 SQ.FT.± OR 0.515 AC.± � I ' r, I i r j o JAMES E. WELCH AND Z SHARON M. WELCH : LOT B, EXEMPTION #RE-3656 ?,-3:, in co PARCEL #1053-31-2-00-020 M co of RECEPTION #3204772 IW 3, o lo N.' o , 01 A IZ , , NOTE: THIS EXHIBIT MAP DOES NOT I , REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS 4. INTENDED TO ILLUSTRATE THE ATTACHED EXISTING 40' ROW ' 1 PROPERTY DESCRIPTION ONLY. BK 1060/PG 72 ' , 04-06-1940 I I ` PROPERTY LINE SW CORNER LOT B I I ' S88°17'48"W 30.91' HOYLAND ' WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION CD Drexel, Barrell & CO. 1800 38th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineere/Sur°eyore (303) 442-4938 BETWEEN WCR(s)38&40 JAMES E. WELCH AND _- COLORADO SPRING, (va)2110—0607 SHARON M. WELCH :RA""J'c'°" TA ffi+—�'"° PROJECT NO. SRP-26 SCALE: r'= 100 a®sr co-o1 eelae's WCR 49 WELD COUNTY,COLORADO DATE: X-X-14 DRAWN BY: TLT SHEET: 2 of 2 4091090 Pages: 5 of 6 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 rItli,kW,lAii:ICAC'11/40leflkn«hid 11111 • POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that ® James E. Welch and Sharon M. Welch [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# Q Reception No. County Weld Township 4 N, Range 64 W, Section 31 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: 0 IN WITNESS WHEREOF the undersigned has set his hand and seal this [�_ day of (N A'P, 4 ,20 I (Owner) ® � (Signatures (Owner) ®)'/' 1m i//w (Signature) (Owner) 0 STATE OF COLORADO ) (Signature) SS: COUNTY OF Lam' e:(..0 ) SEAL 0 The foregoing instrument was acknowledged before me this 1 day of tiA, • 20 [ S _, by ,_ lIA1 t c w E. c /~4 R Vic +tip Lu LEON W. SIEVERS [PRINT OWNER(S)OF RECORD NAME(S)] NOTARY PUBUC STATE OF COLORADO NOTARY ID 20014024300 Notary Public: My Commission Expires: Csf, -U 8 WY C0MIAISS0NDIF1RESM1Gt1STS,2017 (Signature) T�1VUK1.P V.IJ3l{L r I'0 BOX 272550 4091090 Pages: 6 of 6 I ORT CO,.I.INS.CO N'••sr Docume 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■III 14PM POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that ® James E.Welch and Sharon M.Welch [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# 0 Reception No. County Township 4 N, Range 64 W, Section 31 Book Page , 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 m 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: c F U MORTGAGE COMPANY NAME: mlimP m e -3' © IN WITNESS WHEREOF the undersigned has set his hand and seal this_L^ day of NL?!' 4 ,20 i-5 +'►� A 0 Y�am °I t.(Owner) .7.'„_._-/-/ r+ (Signature, CYre (Owner) © 11 ii�1�!`'� / rQ ei (Signature) a Y (Owner) 0 (Lin` mU STATE OF COLORADO ) (Signature) u3 aeig ss: .. COUNTY OF `LJ f.0 ) SEAL MNCs1Y`.-i ono rM OA 0 The foregoing instrument was acknowledged before me this L^ day of iti�Al^-c-I- 20 t , W.,U= by ,J '� C4 c we: 4-G 4 R lv O 6. l-1 fl Yze it.) TiA l,u c c c_l-i- LEON W.SIEVERS [PRINT OWNER(S) OF RECORD NAME(S)] PUBLIC �'eA iL^-P_c- My c> STATE OF COLORADO NOTARY 1D 200'1A022U3T0, Notary Public: t Commission Expires: v -O 8 ]' Mtt001Y8810NEX1�E8At1t3USiti,2017 (Signature) Tvvrnu.'AA I Mt' r O BOX 271550 4091090 Pages: 6 of 6 rORTCO1.LINS.CO W 52' Doc ume �/�(�Cj,� 03/17/2015 03:27 PM R Fee:$0.00 D Fee:$0.00 �0� �" �'y�.1 Carty Koopes, Clerk and Recorder, Weld County, CO / Ell��a I+ir'IJii iiii eh iVI'IMAIlli�4�i Bill �a'" ° ` `" EXHIBIT-B PROPERTY DESCRIPTION PERMANENT EASEMENT ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-31-2 RE-3656, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3126889 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, 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. 3204772 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°21'17"W, 702.54 FEET ALONG THE WEST LINE OF SAID LOT B TO THE NORTHWEST CORNER OF SAID LOT B; THENCE N88°23'15"E, 35.23 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY, 320.76 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, SAID ARC HAVING A RADIUS OF 15630.01 FEET, A CENTRAL ANGLE OF 1°10'33" AND BEING SUBTENDED BY A CHORD THAT BEARS SOO°19'03"W, 320.75 FEET; THENCE SOO°16'16"E, 381.85 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE N88°17'48"E, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT B; THENCE N00°16'16"W, 381.35 FEET; THENCE NORTHEASTERLY. 321.23 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST TO THE NORTH LINE OF SAID LOT B, SAID ARC HAVING A RADIUS OF 15610.01 FEET, A CENTRAL ANGLE OF 1°10'45" AND BEING SUBTENDED BY A CHORD THAT BEARS NOO°19'09"E, 321.22 FEET; THENCE S88°23'15"W, 20.02 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 14,053 SQUARE FEET (0.323 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 PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION PE-5 Drexel, Harrell & Co. OF PUBLIC WORKS 1900 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT JAMES E. WELCH AND Englneere/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40 _V cmnwoo SPRINGS te)seo-oee9 SHARON M. WELCH MCI" ((VA = PROJECT NC. SRP-26 SCALE: N/A WCR 49 WELD COUNTY.COLORADO DATE: 9-03-14 DRAWN BY: T1,1' SHEET: I oft 4265225 Pages: 2 of 3 12/28/2016 10:52 AM R Fee:$0.00 O',4n //7L-- °3 70 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII FIRS,LillNan IkI'hL'Mi ' w,ii Ill III EXHIBIT-B • ` N88°23'15"E 35.23' N 1/16 CORNER 1 1 T T.P.0.8. WAL I FRS S31-T4N-R64W • 1 1 S88°23'15"W 20.02' PROPERTY LINE 1 NW CORNER LOT B 1 i N 1/16 CORNER • 1 WITNESS CORNER ' I S31-T4N-R64W I 1 • I I NW1/4 1 s I S31-T4N-R64W L=320.76' i R=15630.01' • L=321.23' =1010'33u 1 • ' R=15610.01' CH=S00°19'03"W 1 I I 0 =1°10'45" 320.75' I CH=N00°19'09"E iii ' 321.22' • i /I I STATE OF I • COLORADO • 1 20' UTILITY EASEMENT ACQUIRED I ' W' 1 14,053 SQ.FT.± OR 0.323 AC.± • • cV 1 INu- O11 e I I 1 31 I • P4 ' •I <4 N JAMES E. WELCH AND 2 I i SHARON M. WELCH In LOT B, EXEMPTION #RE-3656 I Ng • NI PARCEL #1053-31-2-00-020 "' "' RECEPTION #3204772 ' • w 3 I 3 I co co 1 io io • N1 °O O° • p1 0 Z I z NOTE: THIS EXHIBIT MAP DOES NOT • I REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS ' INTENDED TO ILLUSTRATE THE ATTACHED EXISTING 40' ROW I • * PROPERTY DESCRIPTION ONLY. BK 1060/PG 72 • 04-06-1940 : 1 I • 1 ° ' PROPERTY LINE P.O.C. • I • N88 17 48 E 20.01 SW CORNER LOT B 1 1 HOYLAND WELD COUNTY DEPARTMENT PERMANENT EASEMENT OF PUBLIC WORKS ACQUISITION PE_5 Drexel, Barrell & Co. 1800 38th Street, Boulder, co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4398 BETWEEN WCR(s)38&40 JAMES E. WELCH AND ==,..-i-,-= cmm avnnws 01074-0887 SHARON M. WELCH alum'UMW re7o)367-axo PROJECT NO. SRP-26 SCALE. 1"-i 00 WCR 49 cemsr (rro)xi-oe+e WELD COUNTY,COLORADO DATE 9-03-14 DRAWN BY. 11 T SHEET. 2 oft 4265225 Pages: 3 of 3 12/28/2016 10:52 AM R Fee:$0.00 Carly�IKoppes, Clerk and Recorder, 1I iii�'1�Ya N�'II�efili�IhY'Y'�NOCI� '.�il�i■-If Bill Hello