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Home My WebLink About20154070.tiff RESOLUTION RE : APPROVE AGREEMENT FOR THE 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 - PETER PRESS TRUST AND D . R. COOPER FAMILY, LLLP 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 for 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 Peter Press Trust , 22 Crestmore Drive , Denver, CO 80220 , and D . R . Cooper Family , LLLP , 33943 Upper Bear Creek Road , Evergreen , Colorado 80439 , 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 for 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 Peter Press Trust and D . R . Cooper Family , LLLP , be , and hereby is , approved . BE IT FURTHER RESOLVED by the Board that the Chair be , and hereby is , authorized to sign said agreement . e & LA) 1/F° 2015-4070 EO0072 RE : AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY , PERMANENT EASEMENT , AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 - PETER PRESS TRUST AND D . R . COOPER FAMILY , LLLP PAGE 2 The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 30th day of December, A . D . , 2015 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , CO ORADO c. 1 � ry J, ATTEST : � � �� '/A Ith rbara Kirkmey r, Chair Weld County Clerk to the Board ' ts 0 1_ - • oal ► Mike Freeman , Pro-Tern B _I . t V. / N Irk the Boa N` v r_ : Ô \XCUSED De utyC e to � _p ' ;i �►'! an P . Co ray 1861 I ; �' �': i , N a.1/4 "-P (ya-CORM : •;,;;►� , 7v - � . lie A. Cozad k7 - pus .„, County AttorneyMO —l—r2t-t-er--- • cs •1 04 C : ~.7-n � Steve Moreno f o20 lic Date of signature : 2015-4070 EO0072 �°�� MEMORANDUM �7:treNesuir -tow, TO : Clerk to the Board DATE : 12/21 /2015 Cat; -N_Y-Y-�� FROM : Leon Sievers/Tiffane Johnson RECEIVED Public Works Department SUBJECT : Agenda Item DEC 2 2 2015 WELD COUNTY COMMISSIONERS Agreement for the Purchase of Public Road ROW, Permanent Easement, and Temporary Construction Easement for Certain Improvements to WCR 49 with Peter Press Trust and D . R . Cooper Family LLLP , a Colorado Limited Liability Limited Partnership . M:Trancie\AGENDA memosWgenda-Leon- I .doc 2015-4070 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 PETER PRESS TRUST ; and D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest AND WELD COUNTY, COLORADO . THIS AGREEMENT is made thisMaday of 2015 , by and between PETER PRESS TRUST, whose address is 22 Crestmoor Drive, Denver, CO 80220, and; D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest, whose address is 33943 Upper Bear Creek Road, Evergreen, CO 80439, 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 4 4 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 : 4170078 Pages : 1 of 15 01 / 04 / 2016 12 : 49Cler PM Recorder .Fee : $0 . 0 Weld County , CO Carly Kopp PIes ,es I ■ 0I11 `i VP EirlIPPIIIIV II �II11 ,III I 02)/1/45-- 1670 Page 2 of 7 OWNER' S RIGHTS AND RESPONSIBILITIES : 1 . Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Eleven Thousand Four Hundred Forty Dollars, ($ 11 ,440 . 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 Six Thousand One Hundred Sixty Dollars, ($6, 160 . 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 Thousand Six Hundred Ninety- Six Dollars, ($3 ,696 . 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 October 30, 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. O U 8 . Owner agrees to grant a Temporary Construction Easement to the County, free rfr and clear of all liens, encumbrances or other possessory claims, except existing 073 :16_ easements. • 3 NS i 1mi IS Era tite 4 w; 9 . The Temporary Construction Easement shall commence on the day of closing and OLTshall expire and be of no further force or effect on January 1 , 2019, or upon the N completion of the Project,ect whichever is earlier. � p J 10 . Owner shall not, during the term of the Temporary Construction Easement, erect a p ' (-3 --if: or construct, or allow to be erected or constructed, any building or other structures gt-a No ell met > C :\Users\Peter Press\AppData\Local\Temp\Temp l_attachments_2015_10_19.zip\Compromise Agreement Warranty Deed- Cooper-Press 10- 19- 15 .docx e-c IT O U Page 3 of 7 on the property described in Exhibit "C" which may interfere with County' s full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County' s reasonable and proper use of said easement. 11 . Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way, 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. a 8 _is 3 . County shall pay Twenty Seven Thousand Six Hundred Eighty Five Dollars ($27,685.00) 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 October 30, G) -= 2015. If the agreement is not signed and returned on or before October 30, 2015, in miC i the County shall maintain its current offer of Fair Market Value of Twenty One o o Thousand Two Hundred Ninety Six Dollars ($21 ,296.00) for the Public Road "' Right-of-Way, the Permanent Easement, and the Temporary Construction ctp ry or -E2 Easement by County warrant(s) at the date of closing. a cre -1112 4 . County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" to a level NN o _I r` C :\Users\Peter Press\AppData\Local\Temp\Temp 1_attachments_2015_10_19.zip\Compromise Agreement Warranty Deed- le o ° Cooper-Press 10- 19- 15 .docx I Page 4 of 7 comparable to its original condition. 5 . County shall at closing pay to Owner Eleven Thousand Seven Hundred Forty Six Dollars ($ 11 ,746.00) for Owner to relocate an existing 4 bar pipe gate to the east edge of the temporary construction easement before construction and to replace permanently said gate to edge of new right of way after construction is complete. 6 . County shall at closing pay to Owner Twenty Nine Thousand Three Hundred Sixty Four Dollars ($29,364.00) for Owner to remove and replace the existing irrigation well outside the new right of way. 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. ail 3 . No term or condition of this contract shall be construed or interpreted as a waiver, 8 The express or implied, of any of the immunities, rights, benefits, protections or other arre provisions, of the Colorado Governmental Immunity Act §24- 10- 101 et seq. , as applicable now or hereafter amended. De- t , m3 4 . The parties hereby agree that neither has made or authorized any agreement with `" CD mr-- respect to the subject ect matter of this instrument other than as expressly set forth �, p J p Y o _ herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either a or its agents or party, g 0 F X employees. go. nicotineIt 5 . is. expressly understood and agreed that the enforcement of the terms and N p Y ' to csal conditions of this Agreement, and all rights of action relating to such cog enforcement, shall be strictly reserved to the undersigned parties and nothing in ANY ≤� 111 C :\Users\Peter Press\AppData\Local\Temp\Tempi_attachments_2015_10_19.zip\Compromise Agreement Warranty Deed- Cooper-Press 10- 19- 15 .docx Page 5 of 7 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. 4170078 Pages : 5 of 15 01 / 04 / 2016 12 : 49 PM d R Recorder , Weld County , CO Carly tø: ier' P Clerk urcitichicsacrwrianotiiiiiii ii I ill Kir C :\Users\Peter Press\AppData\Local\Temp\Temp l_attachments_2015_10_19.zip\Compromise Agreement Warranty Deed- Cooper-Press 10- 19- 15 .docx la Page 6 of 7 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: PETER PRESS TRUST; and D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest PE RESS ,44e10A01_„,Trustee The foregoing instrument was a owledged lg _ M I Peter Press s before me in the Coun of �� d1n , 8,ty I 5 s State of to o, this D %2 n iCieeptile_a€44 dayof 'G t , Z01� leil 1 a I Ma ilyn R. Priess as Trustee StCQAAcjS L°1 ' Tekor NCI II tg o Notary Public State of Coloradove k Z or CA's-el a Date : Is -* • D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest I, / it C /.17) By : 4P---) Title : i jr irt -y- J Date :: f49 - - .. ,dis ***,_ ATTEST : daft/1/2k 7;t‘., IA : . J . 4 ‘ BOARD OF COUNTY COMMISSIONERS Weld Co my Clerk to the ir . �71 % WELD COUNTY, COLORADO Al . ,' fro A B Y• / �iirb-A0 vs., :'►1 , ...-ismie _ A / ons Deputy Cll k to the B O r • arbara Kirkmeye , Chairill % 0u �, DEC 3 0 2015 APPROVED AS TO FUNDING : APPROVED AS TO UBSTANCE :--#65a,iii4 7-----,S Controller Elected Official or Department Head APPRO .D AS TO FORM : -- ' 14 /A r' r Director of General Services el=5-:\ sers et ress\AppDataiLocal\Temp\Temp 1_attachments_2015_10_19.zip\Compromise Agreement Warranty Deed- Cooper-Press 10- 1. 9- 15 .docx 4170078 Pages : 6 of 15 '`7i /� �v 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00$0 . 00 02}D N `' Carly Koppes , Clerk and Recorder , Weld County , Co VIII Nilcilr ' IZ6' ill Mrs' C ' PJIiiiiiii Pill ihif' hl'i tk'Ir' PtIOF ' ; iiii i lii EXHIBIT - A 2-PRESS & COOPER-ROW PROPERTY DESCRIPTION A parcel of land being part of that parcel of land described in that Quit Claim Deed recorded March 4, 2014 as Reception No. 4000015 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1 /4) of Section Thirty (30), Township Two North (T. 2N.), Range Sixty—four West (R. 64W. ) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 30 and assuming the West line of the Southwest Quarter (SW1 /4) of said Section 30, being monumentalized by a #6 rebar with a 2 " diameter aluminum cap stamped `t_S25937, 1997 " at the South end and by a #6 rebar with a 2 " diameter aluminum cap stamped `LS25937, 1998" at the North end, as bearing North 01 '02'22 " West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638. 44 feet, with all other bearings contained herein relative thereto: THENCE North 01 '02'22 " West along the West line of the Southwest Quarter (SW1 /4) of said Section 30 a distance of 243. 30 feet to the Northerly Right—of—Way line of interstate No. 76; THENCE North 55'26'08 " East along said Northerly Right—of— Way line of Interstate No. 76 a distance of 47.98 feet to the East Right—of—Way line of Weld County Road No. 49, said East Right— of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1 /4) of said Section 30, said - point being the POINT OF BEGINNING; THENCE North 01 '02'22 " West along said East Right—of—Way line of Weld County Road No. 49 a distance of 1200.00 feet to the North line of that parcel of land described in said Quit Claim Deed; THENCE North 89'08'02 " East along the North line of that parcel of land described in said Quit Claim Deed a distance of 1 .29 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 368.65 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13064.00 feet, a central angle of 01 '37'01 " and a long chord bearing South 02'54'36 " East a distance of 368. 64 feet; THENCE along the arc of a curve which is concave to the West a distance of 631 . 11 feet to a Point of Tangency (PT), said curve having a radius of 13204.00 feet a central angle of 02'44'19 " and a long chord bearing South 02.20'57 " East a distance of 631 .05 feet; THENCE South 00'58'48 " East a distance of 214.16 feet to said Northerly Right—of—Way line of Interstate No. 76; THENCE North 64'55'52 " West along said Northerly Right—of—Way line of interstate No. 76 a distance of 30.65 feet to the POINT OF BEGINNING. Said parcel of land contains 22,645 sq. ft. or 0. 520 acre, more or less (±), and may be subject to any rights— of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the Southwest Quarter (SW1 /4) of said Section 30 lying Northerly of said Northerly Right—of—Way line of Interstate No. 76 and lying Southerly of the Westerly extension of the North line of that parcel of land described in said Quit Claim Deed. Said existing Right—of—way contains 48,532 sq. ft. or 0.1 . 114 acres, more or less (± ), and may be subject to any rights—of— way or other easements of record or as now existing within said described existing Right—of—way. • OO LIQ U r 33 • 38 �- 06 ' a o % 4170078 Pages : 7 of 15 O tg -�- 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 7 . 17. ZI7J3° ' ? Carly Koppes ; Clerk and Recorder , Weld County , CO :i; sJrrdravid• • e •• +/r VIII � I� �� I� � �I I �11lFlG ■ �� I� � 1 I� � I � 111 , III Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT OF WAY , 1L# OF PUBLIC WORKS ACQUISITION WCR 49 CORRIDOR PROJECT BETWEEN I -76 & WCR 18 PETER PRESS & COOPER WCR9 ICING SURVEYORS PROJECT NO : NRP-26 SCALE : N/A 650 E. Garden Drive I Windsor, Colorado g0550 WELD COUNTY, COLORADO phone: (970) 6R6-5f„ 1 I email: info@KingSurveyors.corn DATE : 2- 17- 15 DRAWN BY : CDL SHEET : I of 2 EXHIBIT - A W 1 /4 S30- T2N - R64W FND #6 RB W/ 2" AC STAMPED LS 25937 1998 40' EXISTING RIGHT OF WAY � IN MON . BOX BOOK 1057 PAGE 27 — � RECEPTION No. 836574 I L2 Nr. , . ___ . . .... . . ___ . . __ __ . . ___ risK 40' EXISTING RIGHT- OF- WAY BOOK 1053 PAGE 132 o RECEPTION No. 831473 l o I o N 30' EXISTING RIGHT- OF- WAY _-_ _ BOOK 83 PAGE 298 N PETER PRESS & N o COOPER FAMILY ADDITIONAL RIGHT— OF— WAY ACQUIRED Z LLLC 22, 645sf. ± OR 0. 520ac. f PARC .# 130530000004 NOTICEliff; RECP .#4000015 z According to Colorado law you must commence any legal action based iE upon any defect in this survey within three years after you first Q discover such defect. In no event may any action based upon any L. .1 defect in this survey be commenced more than ten years from the I CD date of the certification shown hereon. (13-80- 1O5 C.R.S. 2012) Il.i- 0 NOTE: This exhibit drawing is not intended to be a monumentalized (1) land survey. It's sole purpose is as a graphic representation to aid in 7) the visualization of the written property description which it Q accompanies. The written property description supersedes the exhibit I CO y drawing. I� w 4 • g w io CURVE TABLEcd IQO N r r— I N CURVE LENGTH RADIUS DELTA CHORD CH BEARING w' 1 si w/�p ( C1 368. 65' 13064. 00' 1 .37'01 " 368. 64' S02 54 36 E N -4. C2 631 . 11 ' 13204. 00' 2'44'19" 631 . O5' S02'20' 57"E I o � . ' 0 O z o POINT OF BEGINNING LINE TABLE 4,3 t,5V L1 GC LINE BEARING LENGTH POINT OF COMMENCEMENT - QP �o• SW COR S30- T2N - R64W ' L1 N55'26 '08"E 47. 98' P\��'�O 6� FND #6 RB W/2" AC Off' Gee O��° L2 N89'08'02"E 1 . 29' STAMPED LS 25937 1997 N �O c& 115 IN MON . BOX L3 N64'55'52" W 30. 65' . ■ r. RIGHT OF WAY .A�. WELD COUNTY DEPARTMENT �r I,✓ OF PUBLIC WORKS ACQUISITION , � I RW-2 VII WCR 49 CORRIDOR PROJECT BETWEEN I -76 & WCR 18 PETER PRESS & COOPER KING SURVEYORS PROJECT NO : SRP-26 SCALE : 1 "=200' WCR 49 65O E. Garden Drive I 1\'inkor, Colorado SOSS(1 WELD COUNTY. COLORADO ., ann,.. rosin ft..,iu1 I email: infon�Kingsunvevorscom DATE : 2- 17- 15 DRAWN BY : CDL SHEET : 2 of 2 4170078 Pages : 8 of 15 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County . CO VII liii II EXHIBIT s S30 - T2N -R64W PERMANENT EASEMENT A PARCEL OF LAND , LOCATED IN THE SOUTHWEST ONE- QUARTER OF SECTION 30, TOWNSHIP 2 NORTH , RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THOSE DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4000015 AND NO. 4109872 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 30 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID SECTION 30 AS BEARING NORTH 01 '02' 22" WEST A DISTANCE OF 2638. 44 FEET TO THE WEST ONE- QUARTER CORNER OF SAID SECTION 30 ALSO DESCRIBED AS SHOWN ; THENCE ALONG SAID WESTERLY LINE NORTH 01 '02' 22" WEST TO THE NORTHERLY RIGHT- OF- WAY LINE OF INTERSTATE NO. 76 A DISTANCE OF 243. 30 FEET; THENCE ALONG SAID NORTHERLY RIGHT- OF- WAY LINE NORTH 5526'08" EAST TO A POINT ON THE EASTERLY RIGHT- OF- WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 47. 98 FEET; THENCE SOUTH 64'55' 52" EAST CONTINUING ALONG SAID NORTHERLY RIGHT- OF- WAY OF INTERSTATE NO. 76 A DISTANCE OF 30. 65 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID NORTHERLY RIGHT- OF- WAY NORTH 00'58' 48" WEST TO A POINT OF CURVE TO THE LEFT A DISTANCE OF 214. 16 FEET; THENCE ALONG SAID CURVE 631 . 11 FEET TO THE POINT OF A REVERSE CURVE HAVING A RADIUS OF 13204. 00 FEET, A CENTRAL ANGLE OF 02'44' 19 " AND A CHORD BEARING OF NORTH 0220' 57" WEST A DISTANCE OF 631 . 05 FEET; THENCE ALONG SAID CURVE TO THE RIGHT 368. 65 FEET TO THE NORTHERLY LINE OF SAID PARCEL HAVING A RADIUS OF 13064. 00 FEET, A CENTRAL ANGLE OF 01 '37'01 " AND A CHORD BEARING OF NORTH 02'54' 36 " WEST A DISTANCE OF 368. 64 FEET; THENCE ALONG SAID NORTHERLY LINE NORTH 89 '08' 02" EAST TO A POINT OF CURVE A DISTANCE OF 20. 00 FEET; THENCE ALONG SAID CURVE WHICH IS CONCAVE TO THE EAST 367. 66 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 13044. 00 FEET, A CENTRAL ANGLE OF 01 '36 ' 54" AND A CHORD BEARING OF SOUTH 02'54' 39 " EAST A DISTANCE OF 367. 65 FEET; THENCE ALONG SAID CURVE TO THE RIGHT 632. 06 FEET HAVING A RADIUS OF 13224. 00 FEET, A CENTRAL ANGLE OF 02'44' 19 " AND A CHORD BEARING OF SOUTH 0220' 57" EAST A DISTANCE OF 632. 00 FEET; THENCE SOUTH 00'58' 48" EAST TO A POINT ON THE NORTHERLY RIGHT- OF- WAY OF INTERSTATE NO. 76 A DISTANCE OF 223. 93 FEET; THENCE NORTH 64'55' 52" WEST ALONG SAID NORTHERLY RIGHT- OF- WAY A DISTANCE OF 22. 26 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 24, 376 sf. OR 0. 56 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4170078 Pages : 9 of 15 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO LEON W. SIEVERS VII , ��I � ,IIII � IVA1111 '4 'M, PLS 23520 WELD COUNTY DEPARTMENT PERMANENT EASEMENT 1861 OF PUBLIC WORKS ACQUISITION PE-2 � WCR 49 CORRIDOR PROJECT BETWEEN I -76 & WCR 18 PETER PRESS & COOPER V s? PROJECT N0 : SRP-26 SCALE : _GO� T �,' WELD COUNTY, COLORADO DATE : 9- 14- 15 BY : DRH SHEET : 1 of2 EXHTBTT - ia, _ W 1 /4 S3O- T2N - R64W FND 2" ALUM . CAP L4 STAMPED LS#25937 1998 ilta IN, M PETER PRESS TRUST & 1 C2 C3 D .R. COOPER CURVE TABLE I FAMILY TRUST LLLP C# LEN RADIUS DELTA CHD CHD BRG I PARCEL # 130530000004 Cl 631 . 11 ' 13204. 00' 02'44' 19 " 631 . 05' N02 '20' 57" W RECP.# 4000015 & 4109872 C2 368. 65' 13064. 00' 01 '37 ' 01 " 368. 64' N02 54 36 W I C3 367. 66 ' 13044. 00' 01 '36 ' 54" 367. 65' S02 '54' 39 " E C4 632. 06 ' 13224. 00' 02'44' 19 " 632. 00' S02 '20' 57"E Q co 1 LA1 0 1 T1 YOUNGBR I m I SE1,%I it 52- T2NV-R65W ao ro (Al Cl C4 SGV1i4 `V1 S30- T2N-R64 kV I Ia N LINE TABLE N 20 ' PERMANENT I-2, EASEMENT LINE BEARING DISTANCE ACQUIRED I L1 N55'26 ' 08" E 47. 98' 5 24, 376 sf. ± OR L2 Z I 0 . 56 ac . ± S64'55' 52" E 30. 65' L3 NO0'58' 48" W 214. 16 ' i 1 L4 N 89 '08' 02" E 20. 00' L5 S00'58' 48" E 223. 93' I L6 N64'55' 52" W 22. 26 ' I L3 L5 NOTE : THIS EXHIBIT MAP DOES NOT REPRESENT A 1 L1 M0NUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED 1 PROPERTY DESCRIPTION ONLY. L2- L6 16 1, 1 w O P . O. B . P . O. C. SW COR S30— T2N — R64W 'ei FND 2" ALUM . CAP N STAMPED LS#25937 1997 WELD COUNTY DEPARTMENT PERMANENT EASEMENT efr OF PUBLIC WORKS ACQUISITION PE-2 i % 1 t � r WCR 49 CORRIDOR PROJECT BETWEEN 1 -76 & WCR 18 PETER PRESS & COOPER ,illi 1a 11/YPR0JECT NO : SRP-26 SCALE : 1 -200 � n rUN T Y . n T r r n m i Tl► T T 7 !` /� . /1 n . n - '` 4170078 Pages : 10 of 15 DATE : 9- 14- 15 DRAWN BY : DRH SHEET : 2 of 2 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 mmommlimmEmEmmEmmy Carly Koppes , Clerk and Recorder , Weld County , CO ■III W' jR' !! iiiiiiiiiiiiiiMiiiialliAli i k'111i Pl1, i" III III EXHIBIT - cs 2-PRESS & COOPER- ICE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of that parcel of land described in that Quit Claim Deed recorded March 4, 2014 as Reception No. 4000015 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1 /4) of Section Thirty (30), Township Two North (T. 2N.), Range Sixty— four West (R.64W. ) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 30 and assuming the West line of the Southwest Quarter (SW1 /4) of said Section 30, being monumentalized by a #6 rebar with a 2" diameter aluminum cap stamped 1S25937, 1997 " at the South end and by a #6 rebar with a 2 " diameter aluminum cap stamped WS25937, 1998 " at the North end, as bearing North 01 '02'22 " West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638. 44 feet, with all other bearings contained herein relative thereto: THENCE North 01 '02'22 " West along the West line of the Southwest Quarter (SW1 /4) of said Section 30 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No. 76; THENCE North 55'26'08" East along said Northerly Right—of—Way line of Interstate No. 76 a distance of 47.98 feet to the East Right— of— Way line of Weld County Road No. 49, said East Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1 /4) of said Section 30; _ THENCE South 64'55'52 " East, continuing along said Northerly Right— of—Way line of Interstate No. 76 a distance of 30. 65 feet to the POINT OF BEGINNING; THENCE North 00'58'48" West a distance of 214. 16 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 631 . 11 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13204.00 feet a central angle of 02'44'19 " and a long chord bearing North 02'20'57 " West a - distance of 631 .05 feet; THENCE along the arc of a curve which is concave to the East a distance of 368.65 feet to the North line of that parcel of land described in said Quit Claim Deed, said curve having a radius of 13064.00 feet, a central angle of 01 '37'01 " and a long chord bearing North 02'54'36 " West a distance of 368.64 feet; THENCE North 89'08'02 " East along the North line of that parcel of land described in said Quit Claim Deed a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; w THENCE along the arc of said curve which is concave to the East a distance of 367.66 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13044.00 feet, a central angle of 01 '36'54" and a long chord bearing South 02'54'39 " East a distance of 367.65 feet; THENCE along the arc of a curve which is concave to the West a distance of 632.06 feet to a Point of Tangency (PT), said curve having a radius of 13224.00 feet a central angle of 02'44'19 " and a long chord bearing South 02'20'57 " East a distance of 632.00 feet; THENCE South 00'58'48" East a distance of 223.93 feet to said Northerly Right—of—Way line of Interstate No. 76; THENCE North 64'55'52 " West along said Northerly Right—of—Way line of Interstate No. 76 a distance of 22.26 feet to the POINT OF BEGINNING. Said strip of land contains 24,376 sq. ft. or 0.560 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. F .� `/. Tx*• • •1341 ; ,N� • hi cC ft / : -y 38106 > ;/ 9\ 4.'2 do 41 `' •• •• 41• .•• S-ar40 • lie •N i AC) 1 .�,.. Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 - i WELD COUNTY DEPARTMENT TEMPORARY EASEMENT ACQUISITION i A . �� r,�► OF PUBLIC WORKS \* WCR 49 CORRIDOR PROJECT BETWEEN I -76 & WCR 18 PETER PRESS AND COOPER KING SURVEYORS PROJECT NO : SRP-26 SCALE : N/A WCR 49 G5!) E. Garden Drive Windsor, Colorado 80550 WELD COUNTY, COLORADO phone: (9700) 686.501 ) I email: info@ingSun'egors.com DATE : 2- 17- 1S DRAWN BY: CDL SHEET : 1 of 2 4170078 Pages : 11 of 15 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO III 1PM ' I rill I `1 NA l' I lid Bill EXHIBIT - C W 1 /4 S3O- T2N - R64W FND #6 RB W/2" AC STAMPED LS 25937 1998 40' EXISTING RIGHT OF WAY1 iL3 IN MON . BOX BOOK 1057 PAGE 27 RECEPTION No. 836574 I C I 4. . . . • • • ____ • • ...._ • • VS M I o 30' EXISTING RIGHT- OF- WAY I BOOK 83 PAGE 298 PETER PRESS & _ I. 40' EXISTING RIGHT— OF— WAY COOPER FAMILY BOOK 1053 PAGE 132 LLLC RECEPTION No. 831473 I PARC .# 130530000004 NOTICE According to Colorado law you must commence any legal action based c1-- - 1 RECP .#40000 5 upon any defect in this survey within three years after you first I discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the C.� I date of the certification shown hereon. (13-80- 105 C.R.S. 2012) Z I 20' ADDITIONAL NOTE: This exhibit drawing is not intended to be a monumentallzed IQ d- RIGHT-OF- WAY land survey. It's sole purpose is as a graphic representation to aid in Iisi • U ACQUIRED the visualization of the written property description which it 24, 376sf. f OR accompanies. The written property description supersedes the exhibit is drawing. O ( 0. 560ac. ± cn1I I[/) CURVE TABLE C . _ rid l j CURVE LENGTH RADIUS DELTA CHORD CH BEARING I I I0 C1 631 . 11 ' 13204. 00' 2'44'19" 631 . O5' NO2'2O'57"W IN '■.`A\\ ADDITIONAL . .. I C2 368. 65' 13064. 00' 1 '37'01 " 368. 64' NO2'54'36"W K° RIGHT- OF- WAY rn C3 367. 66 ' 13044. 00' 1 '36 '54" 367. 65' S02'54' 39"E IN L N �i IN N C4 632. 06 ' 13224. OO' 2'44'19" 632. 00' S02'20'57"E ' _ o w z - 0 • a LINE TABLE i o In •L1 z o \.,O LINE BEARING LENGTH Cl) 'b�`� L1 N55'26 ' 08"E 47. 98' L4L2 4) . 2 ' coi L2 S64'55'52"E 30. 65' a p� Gte O1\.° POINT OF COMMENCEMENT to RP � \tri L3 N89 '08'02"E 20. 00' SW COR S30- T2N- R64W FND #6 RB W/2" AC N L4 N64'55'52"W 22. 26 ' STAMPED LS 25937 1997 POINT OF BEGINNING IN MON. BOX . •. ■ TEMPORARY EASEMENT 4)) I WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION ',, 1 0 r WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 PETER PRESS & COOPER WCR 49 DING SURVEYORS PROJECT NO : SRP-26 ' SCALE : 1 "=--200' 650 F. Garden Drive ( Windsor, Colorado 80550 - WELD COUNTY. COLORADO phone: (970) 686-5011 I email: info a KiugSurve}'or..rnm DATE : 2- 17- 15 DRAWN BY: CDL SHEET : 2 of2 4170078 Pages : 12 of 15 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO ii; IE' I'i'i 1iLE " III RECORDING INFORMATION ABOVE Exhibit D R/W # 2 GRANT OF EASEMENT PETER PRESS TRUST, whose address is 22 Crestmoor Drive, Denver, CO 80220, and; D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest, whose address is 33943 Upper Bear Creek Road, Evergreen, CO 80439, GRANTOR (whether one or more), in consideration of Ten and 00/ 100 Dollars ($ 10 .00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC . , GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603 , its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to-wit : Easement description as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee ' s facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repair and removal thereof Grantor shall not plan t any tree or bush within 3 .0 feet of any existing Grantee facilities or within 10 .0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on, over, under, or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor' s property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, 4170078 Pages : 13 of 15 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO ■II! !�!r rl�� t��I di'M ��lJI I I�� M �Y :�I`��+� �+ � i'Ll4M'�' � '� �� 1�� " III I successors and assigns of the parties hereto . The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee ' s rights hereunder against any defect in Grantor' s title to the land involved or Grantor' s right to make the grant contained herein . The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. W/O # Map No . : SW 'A of Section 30, Township 2N, Range 64W, 6th P .M . , County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of , 20 . GRANTOR: PETER PRESS TRUST ; and D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest PETER PRESS as to an undivided one-half interest Peter Press as Trustee Marilyn R. Press as Trustee STATE OF COLORADO ) COUNTY OF ) I, , a Notary Public for said County and State, do hereby certify that Peter Press and Marilyn R, Press personally came before me this day and acknowledged that he/she executed the foregoing Grant of Easement as his/her own act and deed . WITNESS my hand and official Notarial Seal, this day of , 20 • Notary Public My Commission Expires : 4170078 Pages : 14 of 15 01 / 04 / 2016 12 : 49 PM R corder ,$0 . 00 0 d County , CO Carly Koppes , Clerkd I I�II11 111111 D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest By: Title: STATE OF COLORADO ) ) COUNTY OF ) I, , a Notary Public for said County and State, do hereby certify that personally came before me this day and acknowledged that he is the of D.R. Cooper Family LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest, and he, being authorized to do so, executed the foregoing Grant of Easement as his own act and deed on behalf of D.R. Cooper Family LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest • WITNESS my hand and official Notarial Seal, this day of , 20 . Notary Public My Commission Expires: 4170078 Pages : 15 of 15 01 /04/2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO VIII kriAllil Kg i'i ' ' i . ' . IIII Hello