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Home My WebLink About20150184.tiff RESOLUTION RE: AUTHORIZE FILING OF CIVIL ACTION AGAINST MARK HAMILTON 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, on or about October 17, 2011, Weld County executed an agreement concerning Purchase of Right-of-Way for certain improvements to County Road 54 between Mark Hamilton and Weld County, Colorado, ("purchase agreement") which is attached and incorporated herein, and WHEREAS, in accordance with the Purchase Agreement, Weld County paid Mr. Hamilton $41,258.00 by check, which was cashed by Mr. Hamilton on or about January 24, 2012, and WHEREAS, in accordance with the Purchase Agreement, Mr. Hamilton was required to sign a Deed of Dedication for the right-of-way, and Mr. Hamilton has not done so, and WHEREAS, in order to avoid losing the right to enforce Mr. Hamilton's promise to convey the right-of-way in the Purchase Agreement, the Board finds it necessary to file a civil action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to file an appropriate civil action in the Weld County District or County Court, against Mark Hamilton to enforce Mr. Hamilton's promise to convey the right-of-way for which he has already been paid. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of January, A.D., 2015. BOARD OF COUNTY COMMISSIONERS 4rkmee4 &1 ELD COUNTY, COLORADO ATTEST.Wacticos b t� Ki kl%S Weld County Clerk to the Board �(l • n1h . Mike Freeman, Pro-Tem BY: I / [ ,1. �ecfty Clerk tothe =oJ� I1_ �� jRC; , APPROVED AS TO FOR ism „v !, .zad County Attorney ��1/j .� JJ't2wrr ,z, Steve Moreno Date of signature: CC' CRrcta(Lean 5t�d� 201015 > t!2211 CA0015 MK,r t4.1.:‘, : TO: Board of County Commissioners """a— FROM: Bob Choate, Assistant County Attorney o \�e A.J�i _ DATE December 18, 2014 t 4 A.71 bay. 4PraFiLityttA SUBJECT: Potential Breach of Contract Action with County as Plaintiff Commissioners, In conjunction with Public Works, the County Attorney's Office has determined the need to file a breach of contract action against Mark Hamilton. In October 2011, Mr. Hamilton agreed to sell the County right-of-way over his property, for a total purchase price of$41,258. The County mailed him a check in January of 2012, and he cashed that check on January 23,2012. However, Mr. Hamilton never signed the Deed of Dedication as required by the purchase agreement. This oversight went unnoticed until the last few weeks. Leon Sievers, Public Works' Right of Way Acquisition Specialist/Surveyor, has recently made multiple attempts to contact Mr. Hamilton,with very little success. Mr. Hamilton did sign for the FedEx letter, so we know he has received our recent notice, but he has not contact us. Our legal recourse is a breach of contract action. Because there is a three year statute of limitation on these types of cases, it is important that we file it immediately. Because this is a district court civil action,the County Attorney's Office would need a resolution of the Board authorizing the filing of this complaint. Please let me know your questions and comments. 2015-0184 I- 14 -15 1j AGREEMENT CONCERNING PURCHASE.OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 54 BETWEEN MARK HAMILTON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /7 day of_ � 2011,by and between Mark Hamilton, whose address is 23561 Weld County Road 52, Greeley,Colorado 80631,hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley,Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 54,and WHEREAS, Owner owns the property described in the attached Exhibit"A" hereinafter referred to collectively as"Right-of-Way",and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project,and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway,and WHEREAS,Owner wishes to cooperate with County in said road improvement. NOW,THEREFORE,the parties herein agree as follows: I. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit"A"attached hereto and hereinafter referred to herein as the "Right-of-Way"fur the sum of Thirty Seven Thousand One Hundred Fifty Light and no/1 00($37,158.00)dollars. 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication. free and clear of all encumbrances,except existing easements.Owner shall retain the mineral estate under the Right of Way, including oil and gas,and shall aiso retain any water rights currently attached or associated with the Right of Way. Page 1 of 3 Pages 111111 1111 III MINI OEM11111111Ilil 3801786 10/27/2011 12:46P Weld County, CO r j,, 1 of 12 R 0.00 10 0.00 Steve Moreno Clerk& Recorder 3 County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the right of way. County shall pay all fees associated with recording the Deed of Dedication. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise.or consider?Nor_different from the terms herein contained shall be binding on either party,or its agents or employees,hereto. 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. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner,County,its contractors,agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. S. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. Owner represents and warrants that all prior general taxes levied have been paid in lull by Owner. 8. County will construct a fence along the new right of way line.The fence will be a 4 strand barb wire fence with steel post with a wood post at every third steel post. 9. County will construct a field entrance and cattle guard to access the existing gas facility on the south side of the proposed roadway.County will remove the driveway, including the cattle guard,that presently exists to this facility from WCR 49. 10. County will construct a driveway to serve the area north of the proposed roadway 11. County will reimburse the Owner the sum of Four Thousand One Hundred ($4100.00) dollars for the costs to survey and submit an amended recorded exemption plat for the reconfiguration of the existing lots of RE 4308. 1111111111111111111 III 111111111 111 HI 11111 IIII IIII 3801786 10/2712011 12:46P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk&Recorder Page 2 of 3 Pages IT IS MUTUALLY AGREED that the terms and conditions ofthis Agreement shall extend to and be binding upon the heirs,executors,administrators,successors,and assigns of the respective parties hereto. IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. Alt; AL4lijethL Mark Hamilton,Owner BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,STATE OF COLORADO ATTEST: $ / r • « .' -Barbara Kirkme, Y r,Chair ' ,��•••I�` OCT 2 4 2011 Weld County Cleric to the• BY: /mow i�►i `I `!>'° �l eputy CI - to the Boa I111111IIIII!!1111!II!IIIIIII 1111111111 III IIIII IIII Itl! 3801786 10127/2011 12:46P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk&Recorder Page 3 of 3 Pages v?C)/./- EXHIBIT-A NE I/4 S25-T5N-R65W PROPERTY DESCRIPTION (LOT-A/RE - 4308) RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF RECORDED EXEMPTION NO. 0961-2541 RE-4308 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3397408 AND OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3686476 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 25. TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SECTION 25 AS BEARING SOUTH 00'12'44" EAST A DISTANCE OF 5296.40 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'12'44" EAST ALONG SAID EAST LINE A DISTANCE OF 52.96 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'47'16" WEST A DISTANCE OF' 30.00 FEET TO A POINT WHICH INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 49 AND THE SOUTHERLY RIGHT-OF-WAY UNE OF THE UNION PACIFIC RAILROAD AND BEING THE POINT OF BEGINVIQ. THENCE SOUTH 00'12'44" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID LOT-A A DISTANCE OF 438.63 FEET; THENCE SOUTH 89'47'16" WEST ALONG SAID UNE A DISTANCE OF 251.84 FEET TO THE WEST LINE OF mom mom SAID LOT-A; mom THENCE NORTH 00'12'44' WEST ALONG SAID WEST LINE A DISTANCE OF' 60.68 FEET; ,o THENCE NORTH 89'45'06" EAST A DISTANCE OF 89.44 FEET; -Z.- THENCE NORTH 66'38'30' EAST A DISTANCE OF 149.43 FEET; ars THENCE NORTH 00'12'44" WEST A DISTANCE OF 309.68 FEET TO A POINT ON THE SOUTHERLY mg3 RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; moo d THENCE NORTH 69'01'55" EAST ALONG SAID RAILROAD RIGHT—OF—WAY A DISTANCE OF 26.73 FEET TO A io POINT ON THE EXISTING WESTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 49 AND BEING THE POINT e ale— DE BEGINNING. C SAID PARCEL CONTAINS 28,656.88 sf. OR 0.66 oc. MORE OR LESS. t1\II1Nu/�/ r�@c THE ABOVE DESCRIPTION WAS PREPARED BY LEON tO REG y OF WAY AGENT AND SURVEYOR IN wmI;C AND FOR WELD COUNTY. COLORADO. .��Q .•W'`S"•'r ', a imm Jt S,. 23520 N: — � < LEON W. SIEVERS PLS 23520 • i ) _ w-I.�• tier RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION \ 44 DEPARTMENT WELD COUNTY ROADS 54&49 MARK I IAMILTON RE-ROUTE PROJECT WELD COUNTY ROAD 49 IN1 C ''PC �c�EF WELD COUNTY.COLOR ADO RC-i2 COLORADO `DATT__._ I AWN e; DEC 16.2010 ! JHEi I EXHIBIT-A NE 114 S25-T5N-R65W Wit,. ¶4 .; r S25CT5N--R65W ER P.0.8. .7 4„a- FOUND 2-1/2" L •' A.C. STAMPED THE PLS#3498? 1 L2 a �'�`L' laSgiy Up‘IO14C.s 9 2006 FOUND 4 REB. I I % 1 FLI' V W/RPC LSg30462J 1 1 ) I LINE TABLE I U SOO'T 2'44"E 52.96' I. I MARK L2 S89'4716"W 30.00' HAMILTON r 1 L3 N6YOT'55"E 26.73' PARC.#1)96125100013 1 FOUND #4 REB. RECP.#3686476 r, W/RPC LS#ILLEG. M I N LOT-A RE: 4309 a N �4 2 1 �l,$l11H.S+!!!!!/// dd // ADDITIONAL z m �. S:�pN W S '� LOT-D RIGHT-OF-WAY 25'� o = _r vti� i,ti pi 28,65fi.88 sf. RE: 4308 OR 0.66 act al ' 'L> 1 X520 1 Cl..- I. ;: %•.• 12-2i ion'VI 14S I N89'45'061 1.4'4' 1 ' rn I 3 89.44' IT, • ;r io WCR 54 WCR 54 w NO RE-ROUTE z S89'47'16"W 251.84' a• 1 RE-ROUTE . _- __ -� _ r ' o ' - 1 1 I +� I PROPOSED s 1 r RIGHT-OF-WAY Z 1 , f mode PROPOSED FOUND 4 REB. I ' IN (.3.. RIGHT-OF-'NAY PI_IJSS Ems,'" c i ' W/RPC L5#30462 II _ 30'I 40' LEASING LI_C =o LOT D i _c) m RE: 4308 ; 7`• EXISTING 70' ■�- e f RIGHT-OF-WAY ��ga r•..a. I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT I 1 S25-0T5N-R65W ±$4." A MONUMENTED LAND SURVEY OR LAND SURVEY I i ��W/2-1/2" A.C ammo("4 PLAT. IT IS INTENDED TO ILLUSTRATE THE ////� Nam•r a ATTACHED PROPERTY DESCRIPTION ONLY. STAMPED ALLES dt i ASSOC. PLS #9644 .... 1 1999 — .c RIGHT-OF-WAY-WAY WELD COUNTY PUBLIC WORKS s K c ACQUISITION ( DEPARTMENT d it . WELD COUNTY ROADS S4&49 Immo toe MARK HAMILTON RE-ROUTE PROJECT =~ inlipcWELD COUNTY ROAD 49 r.-<0.)C 7' ..WELD CO UN Y.COLORADO R('-52I'-i110 COLORADO '• PEC. It,.201o) I'''''''° .._ JEfA sHEE— 2 of: 1 EXHIBIT-A NE 1/4 S25-TSN-R65W PROPERTY DESCRIPTION (LOT-B/RE - 4308) RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT B OF RECORDED EXEMPTION NO. 0961-25-1 RE-4308 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3397408 AND OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3686476 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SECTION 25 AS BEARING SOUTH 00'12'44' EAST A DISTANCE OF 5296.40 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'12'44" EAST ALONG SAID EAST LINE A DISTANCE OF 788.32 FEET; THENCE DEPARTING SAID EAST UNE SOUTH 89'47'16' WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF BEGINNING. THENCE SOUTH 0O'12'44" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 221.80 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT-B; THENCE SOUTH 89'47'16" WEST ALONG SAID LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 00'12'44" WEST A DISTANCE OF 158.76 FEET; THENCE NORTH 02'19'27" WEST A DISTANCE OF 59.77 FEET TO A POINT ON THE NORTH UNE OF LOT-B; THENCE ALONG SAID NORTH LINE NORTH 81'17'50" EAST A DISTANCE OF 22.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,472.36 sf. OR 0.10 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. ilittliwo ON G1S�;�. LEON W. SIEVERS cam: W SJF ''•�v PLS 23520 Ci T" 23520 )-I�i -,,,/A( *\‘‘`\‘' ,,.. 1111111!!III 1111111 III!111111!III!IIIl1 III IIIII ill! 1111 3801786 10/27/2011 12:46P Weld County, CO 6 0l 12 R 0.00 0 0.00 Steve Moreno Clerk&Recorder RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS I}t ACQUISITION ��r -\ WELD COUNTYDEPARTMENTADS 54 RO &49 AO MARK HAMILTON RE-ROUTE PROJECT WELD COUNTY ROAD 49 PROJECT STALE WELD COUNTY,COLORADO RC-52 COLORADO .1T( DE-C 16,2010 1HH «t.,. 1 ,,r EXHIBIT-A NE 1/4 S25-75N-R65W LOT-A P:f .O.C. NE CORNER WCR 4308 1 1 S25-T5N-R65W54 T� 171*1C �0 1 FOUND 2-1/2" IL E-1;®1V1[!L/ 0-4- A.C. STAMPED lrV CR � RE-ROUTE z f! THE PLS#3498? I s,N�: 2006 p 1:: 1 PROPOSED-- PROPOSED NI 1.4 RIGHT-OF--WAY RIGHT-OF-WAY ao i�gl r' LOT-D RE: 4308 NWIi �— I • 1 ' 'e°sW 1 FOUND X14 REB. 1 �a W/RPC LS#3O462 I 0I P.O.B. LINE TABLE ,,r,..1514- U S89.47'16"W 30.00' S 1 I 1 L2 S89'47'16** 20.00' La 1 1 l3 NOZ 19'27"W 59.77 ` E L4 N81'1 7'5O"E 22.45' �. a ammo 2 „1 1 L1 1 a.tr 1 1 �V�e IIIIril / c (. /� -o V MARK h ®1 "4'1.'0o` ....•' • ��', HAMILTON o; I p 1 p 1O o PARC.#096125100014 ^ 1°D I 1 = '1' cwt !Eat_3 X RECP.#3686476 ADDITIONAL ri /� 23520 �' - ~ o LOT B RE:4308RIGHT-OF--WAYs ; : ra Tu 1,4 4.472.36 sf. ( = . ��ti OR 0.10 oc* , 12 2(�1raz N 1 1 �i .� �� rN„O 1 FOUND #4 REB�,�,, •'••�•• �••• ��• �� c zI W/RPC LS�/3O462/�////llIIi ill 111�� o 1 1 ado ‘,s., L2 1 1 EXISTING 70' ' a= I �RIGHT-OF-WAY ��F RLO4 08 130' 40' .c E 1 ►. F 0' .- SE CORNER ' I S25-T5N-R65W LOT-0 W/2-1/2" A.C. STAMPED ALLES & 1 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT RE: 4308 ASSOC. PLS #9644 I A MONUMENTED LAND SURVEY OR LAND SURVEY 1999 PLAT. IT IS INTENDED TO ILLUSTRATE THE I I ATTACHED PROPERTY DESCRIPTION ONLY. i RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION flo( DEPARTMENT WELD COUNTY ROADS 54&49 MARK HAMILTON RE-ROUTE PROJECT WELD COUNTY ROAD 49 vilk PR0JECT' SCALE' — — WELD COUNTY.COLORADO RC 57 ]"-100' ._.�._. COLORADO DATE DEC 16,2010 1°K°wn BY 11111 ' i ,,��_i tot EXHIBIT-A NE 1/4 S25-T5N-R65W PROPERTY DESCRIPTION (LOT-C/RE - 4308) RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25. TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT C OF RECORDED EXEMPTION NO. 0961-25-1 RE-4308 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3397408 AND OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3686476 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SECTION 25 AS BEARING SOUTH 00'12'44" EAST A DISTANCE OF 5296.40 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'12'44" EAST ALONG SAID EAST LINE A DISTANCE OF 1010.12 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'47'16" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF FIEGINNING. THENCE SOUTH 00'12'44" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 383.60 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT-C; THENCE SOUTH 89'47'16" WEST ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET; THENCE NORTH 00'12'44" WEST A DISTANCE OF 69.07 FEET: THENCE SOUTH 89'47'16' WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 00'12'44" WEST A DISTANCE OF 294.53 FEET TO A POINT ON THE NORTH LINE OF SAID LOT-C: THENCE NORTH 89-47'16" EAST ALONG SAID NORTH UNE A DISTANCE OF 20.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,781.34 sf. OR 0.16 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO_ • / OdO�vJ3! (�r-- LEON W. SIEVERS �� iE '- ` u-)• PLS 23520 23520 • 14iilll illii illlll1111 Illllil lilll Ilili Ili illil Iiii 111� V ..,,,..••' �� 3801786 10127!20110 UO:Steve Moreno Clerk 4 Recorder oi„ AL LAS ,\\, 8 of 12 R 0.00 aAAttrrinill�ut RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION ,. DEPARTMENT WELD COUNTY ROADS 54&49 MARK HAMILTON RE-ROUTE PROJECT WELD COUNTY ROAD 44 -'''.E ; !SCALE WFLi)C0U\"FY.COI OR RC-52 COLORADO Dal- -DEC' Ifi. !Lill! :k.1wv B'r MB I uE I ut t EXHIBIT-A NE 1/4 S25-T5N-R65W ..r- R PROPOSED I IL : P.O.C. NE CORNER RIGHT-OF-WAY I 525-T5N-R65W I I FOUND 2-1/2' LOT B A.C. STAMPED ArWv1 RE: T 4308 r^ S'�1 r THE PLSO3498? -nyv co r 2OO6 FOUND #4 REB. l - I W/RPC LS#30462 1 r .P.0.6.I I LINE TABLE U S89'47'18'W 30.00' _l\orR, MAR L 1 i L2 S89'47'16'W 10.00' HAMILTON I L3 NO0'12'44'W 89.07' PARC.#096125100015 . L4 589'47'16'W 10.00' RECP.#3686476 t 15 N89'47'18'E 20.00' LOT-C RE:43O8 ADDITIONAL N r 1 �° 4 RIGHT-OF-WAY 1 Q if_,.�Il 6,781.34 sf. c I 1' OR 0.16 act n P5-4 ni r I = r PLUSS z r 1 LEASING I.I.C 20' `O4,pO RE/ "///,r I Z V.•.. / 'l ',i 1 �qq r �; �1j S� . I-4 -4r L I Lo I - 23520 i = 1O'-x- H-- v_, -�.: Z Z I-r � 0 . . JI Q r � 1� .•.... LOT-D i o /��'irrtlnt``��,� RE: 4308I 40 I L2 r I N In PROPOSED-- RIGHT-OF-WAY I o r 1111111 OHM III 111110111IIIIII 11111 MI IIII SE CORNER O 1 S25—T5NR65w 3801788 10/27/2011 12:46P Weld County, CO W/2-1/2" AC. 9 of 12 R 0.00 0 0.00 Steve Moreno Clerk&Recorder STAMPED ALLES do r 4. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT ASSOC. PLS #9644 1 A MONUMENTED LAND SURVEY OR LAND SURVEY 1999 i PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY WELD COUNTY PI TBLIC WORKS ACQUISITION �(�r DEPARTMENT 1IIIIWELD COUNTY ROADS 54&49 MARK HAMILTON I RE-ROUTE PROJECT WELD COLN I Y Ko.�D 49 smile 7Ro.,Ec- - ;_,_:WELD C(Y.iNTY.COLORADO RC 5_ I'`-10(1' COLORADO -_ DEC ih.201;. 1:.P .%, MBj 3--EE, 1.,t_T EXHIBIT-A NE 1/6 S25-15N-R65W PROPERTY DESCRIPTION (LOT-D/RE - 4308) RIGHT-OF-WAY(NORTH) A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25. TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO. SAID PARCEL BEING A PORTION OF LOT D OF RECORDED EXEMPTION NO. 0981-25-1 RE-4308 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3397408 AND OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3686476 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: MUM= AT THE NORTHEAST CORNER OF SECTION 25. TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SECTION 25 AS BEARING SOUTH 00'12'44" EAST A DISTANCE OF 5296.40 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25 ALSO DESCRIBED AS SHOWN; THENCE SOUTH 0012'44' EAST ALONG SAID EAST LINE A DISTANCE OF 491.59 FEET; THENCE DEPARTING SAID EAST UNE SOUTH 89'47'16" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF BEGIMONQ.. THENCE SOUTH 0412'44" EAST ALONG SAID RIGHT-OF-WAY UNE A DISTANCE OF 296.73 FEET TO A POINT ON THE NORTH LINE OF LOT-B OF SAID RECORDED EXEMPTION; THENCE SOUTH 61'17'50' WEST ALONG SAID NORTH UNE A DISTANCE OF 22.45 FEET; THENCE NORTH 02'19'27' WEST A DISTANCE OF 211.59 FEET; THENCE NORTH 47'54'29' WEST A DISTANCE OF 73.37 FEET; THENCE SOUTH 89'45'O6' WEST A DISTANCE OF 22B.07 FEET: THENCE NORTH 86'26'03" WEST A DISTANCE OF 300.67 FEET; THENCE SOUTH 89'45'O6' WEST A DISTANCE OF 89.13 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 282.92 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 411.00 FEET, CENTRAL ANGLE IS 39'26'26' AND WHOSE CHORD BEARS NORTH 70'31'41' WEST A DISTANCE OF 277.37 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; mem , THENCE NORTH 89'01'50" EAST ALONG SAID RAILROAD RIGHT-OF-WAY A DISTANCE OF 96.24 FEET TO A NON-TANGENT CURVE TO 4 THE LEFT; r a y THENCE 179.79 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 331.00 FEET, CENTRAL ANGLE IS 31'07'18' AND WHOSE =MI v u CHORD BEARS SOWN 74'41'15" EAST A DISTANCE Of 177.59 FEET; ~� THENCE NORTH 89'45'06' EAST A DISTANCE OF 449.69 FEET TO A POINT ON THE WEST UNE OF LOT-A OF SAID RECORDED g EXEMPTION: C THENCE SOUTH 0412'44' EAST ALONG SAID WEST LINE A DISTANCE OF 60.68 FEET TO A POINT ON THE SOUTH LINE OF SAID maw, LOT-A; 0'5 THENCE NORTH 89'47'16' EAST ALONG SAD SOUTH LINE A DISTANCE OF 251.64 FEET TO A POINT ON THE EXISTING WESTERLY �W RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF BEGI4NINQ. mem� SAD PARCEL CONTAINS 76,915.69 ef. OR 1.77 ae. �QRE\1k11(824 o .� R£ " ��a THE ABOVE DESCRIPTION WAS PREPARED BY LE ' .k.O$143'• OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. (410"� W I S/ `. lNr• ; MIMI CI)CC 23520 N LEON W. SIEVERS _,J 1.10: ems to PLS 23520 ` •. • 1'1'001 IWO C7 r- RIGHT-OF-WAY /// WELD COUNTY PUBLIC WORKS ACQUISITION � DEPARTMENT WELD COUNTY ROADS 54&49 MARK HAMILTON RE-ROUTE PROJECT WELD COUN'T'Y ROAD 49 PROJECT I SCALE WELD COUNTY.COLORADO _ RC COLORADO tnrk. DEC to,MO IL"'`'`''` RIB .PE sPEET I of EXHIBIT-A NE 1/4 S25-TSN-R6SW PROPERTY DESCRIPTION (LOT-DIRE - 4308) RIGHT-OF-WAY(SOUTH) A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT 0 OF RECORDED EXEMPTION NO. 0961-25-1 RE-4308 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3391408 ANO OF THAT DEED FLED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3686476 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: =MGM AT THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SECTION 25 AS BEARING SOUTH 00'12'44' EAST A DISTANCE OF 5296.40 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25 ALSO DESCRIBED AS SHOWN; THENCE SOUTH (10'12'44' EAST ALONG SAID EAST LINE A DISTANCE OF 1393.72 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'47'16" WEST A DISTANCE Of 30.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 49 AND BEING THE EMWEgiailta.. THENCE SOUTH 00'12'44" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 694.62 FEET TO A SOUTH UNE OF LOT-0 OF SAID RECORDED EXEMPTION; THENCE SOUTH 69'41'56' WEST ALONG SAID SOUTH UNE A DISTANCE OF 10.00 FEET; THENCE NORTH 00'12'44" WEST A DISTANCE OF 694.64 FEET TO A POINT ON THE SOUTH UNE OF LOT-C OF SAID RECORDED EXEMPTION; THENCE NORTH 89'47'16" EAST ALONG SAID SOUTH UNE A DISTANCE OF 10.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND BEING THE POINT OF 9Ff1INNING, SAID PARCEL CONTANS 6,946.31 of. OR 0.16 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT ANC) SURVEYOR IN AND FOR WELD COUNTY, COLORADO. PLS 2352DEVERS LEON W. SI \�\10 0 REG�A� ///,/�i z 23520• . ste 1111111111111111111 III 111111111111111!1111!!1111 III IIII 3801786 10/27/2011 12:46P Weld County, CO 11 of t2 R 0.00 0 0.00 Steve Moreno Clerk&Recorder RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION f E/ DEPARTMENT WELD COUNTY ROADS 54&49 MARK HAMILTON RE-ROUTE PROJECT WELD COUNTY ROAD 49 L��" PROJEC' WELD COUNTY,COLORADO RC-52 COLORADO DAIL DRAWN PY DTI.: 1h.NM JIlL3 ,--- EXHIBIT-A NE 1/4 S25-T5N-R6SW • "2:::*/ V N( LOT-A to \��1�1 \l Rp�n /t v RE: 4308 �` I PLUSS '" ELP L - 179.79 LOT-D P.D.C. NE CORNER LEASING LLC J A - 31'07'1 $25-TSN-R65w A - 3ro7',9' RE: 4308 �I j 44841:‘ . CB 574'41'15'E FOUND 2-1/2' In , PROPOSED '. C = 177.59 A.T. STP0T C. STAMPED/ E • ' I+ I RIGHT-CF-WAY 209 43'06'E 45 444.89' 2006 i , $ L,' ; i 3I N59'4r16'( 251.64' RE-Rom L = 252.92' (NORTH)P.0.13. R = 411.00' 569'45'0611 NSA'26 03 300.67' $69 4506 .0 1 I _-_.-- 6 341'26'26- PROPOSED CS - 270'31'41 (NORTH) FOUND /4 REEL .�' J ATOM-OF-WAY C = 277.37 ADDITIONAL W/RPC LS/3046 I, lk RIGHT-OF-WAY 11., 76,915.69 sr. OR 1.77 act rN : �1,W le4 ummi l 1/4 ig ,cq mow FOUND �4 REEL S' ' � W/RPC 15130462I ,, , !hi/ S�MIN MARK LOT-8 . N HAMILTON RE: 4308 PROPosEC l Ailrem 8 PARC.#096125100016 RIGHT-OF-WAY I 1� �� REC.P.#3686476 FOUND µ aEe.�, !• I s�3 LOT-D RE: 4308 w/RPc Ls.30462 In mial LINE TABLE I I• LI S89'47'161W 30.00' LOT-C ' ems rl L2 S61'17'50" 22.45' *40.43E RE: 4308 i I IS61'17'501./ L3 NO2'19.27N4 211.59' NORTHERLY & SOUTHERLY ...3a14.0'1 &ME: PORTIONS OF LOT-D/RE: 4308 L4 N47-54'29"1'1 73.37' 1 (XISPNG 70' 66� 63,862.00 sf. OR 1.93 act t L5 N69'01'58"E 96.24' . ; 4 RIGHT-OF-WAY _1— L6 500'12'44"E 60.68' \`\\��11101RE1!I/ii/4/, (Ps N). ( 1'' L7 $69 47'16"W 30.00' �..Q *1. Si . # 1 7 ' L8 S89.41'56'1'1 10.00' y&: l ;O L9 'I I tL9 1N89'47'16"E 10.00' .71,-'-4.'O �� cn: ' I --1- 23520 = • I I'LUSS L' --.7:.;-‘i2', /-r-it))5 "- : i LE,AS1NG r 1.C" ANdMON MIENTE0 S ISLAND SURVEY OR LAND SURVEY /��ii L 111 IT MAP DOES NOT REPRESENT ;"‘ RIGHT—OF—WAY 6,946.31 sf. P ':I PLAT. IT IS INTENDED TO ILLUSTRATE THE OR 0.16 act ; I'll ATTACHED PROPERTY DESCRIPTION ONLY. i t I I - SE CORNER S25-T5N-R65W MARK}IARIlL1ON 'A I I W/2-I/2- A.C. , STAMPED ALLES do LOT-O RL. 4310 , ASSOC. PLs 19644 I 1 1 1999 RIGHT-OF-WAY WELD COUNTY PUBLIC WORKS ACQUISITION f a r\ --DEPARTMENT fV� WELD COUNTY ROADS 54&49 MARK HAMILTON RE-ROUTE PROJECT WELD COUNTY ROAD 49 70.CT — — WF.I.11 CO U NTY,COLORADO RC-5' I I"- 'UC'COLORADO )e,E P,:;'.r:: D1?C ih.lQtl1 HIR ISrF` tot. -._.------ -:r— r""1,-,- =y=.',,,r7i- -.,%1T` ir,,,j ,..�.r f` I =' WARRANT Weld County HUMBER 3270528 et �i,L,. 8y Order of The Board Of County Commissioners 17.9. I '- �M y w P.O.Box 758 1024 Ilss+�...ital. Greeley.CO 80632 n.rrx�rn J Wetf3 Fargo (970)356-4000 FAX.(970)352-0242 Greeley.CO 80634 DATE 1/14/2012 S 41.258.00 •9i, a-•Drj-arS? CD WADK NC,rsI/EcSFfCoArs LL Fony One Thousand Two�undted rihy EcH Ddlpre OPEN :IL IS f>o/,Sf 6 PAY TO THE ORDER OF ISSUE DATE a 14o IS^T'' /,3 H MARK HAMILTON TOKE VW- AD- O uuRu. .aEorcouti1r !;soNERs KC C 23561 COUNTY ROAD 52 DEPOSIT ONLY 612. .-4,-:,(11?-:04;.:3: i/ I— GREELEY CO 80631 - �3-'.— Y I HIST- Ct SIG- o�pxo.1 Ee Sao HPF•6t MEMO It 0000 3 2 70 5 2aJI' 1: 10 2 100 4 iat: 8D 1 2 7008481' I, 1= Li CIS F J&1`A HA LO 4 28122d2 EKi88 PK194 is • P12.21-0527434 1= 1 --:c- - l: 1- '; • Posting Account:8012700848 Amount:541,258.00 Posting Date:01/24/2012 Serial No.:3270528 Type:Debit Status:Posted Issue Date: Additional Data/Payee Name: Issue Amount:$D.00 Deposited Items:0 Source:Check Bank Reference No.:5012913659 IKey:20120123501291365901 Data Detail: Hello