The URL can be used to link to this page

Browse Search

Home My WebLink About20150643.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - KENNETH AND KATHY HOYLAND WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Kenneth and Kathy Hoyland, 18612 County Road 49, LaSalle, CO 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easeme 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 Kenneth and Kathy Hoyland be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. r° itij(FC/45) 443 2015-0643 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - KENNETH AND KATHY HOYLAND PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO t/ATTEST: l ;ti ltidi arbara Kirkmeyer hair Weld County Clerk to the Board ^ ^^ J,) 1, _`� Mike Freeman,- Pro-Tem BY: Deputy C rk to the Boar• 4 E ILZ Sean P. Conw y Ct- 77) APPROVEf AS TO FOR 0 i,/ —e S) 361 O ulie A//. ozad C„,1 County Attorney �� t� �A !� d / ti., Steve Moreno Date of signature: 2015-0643 EG0072 MEMORANDUM TO: Clerk to the Board DATE: March 4, 2015 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Agreement for the Purchase of Public Road ROW, Permanent Easement, and Temporary Construction Easement with Kathy Lynne and Kenneth William Hoyland. Enclosure RECEIVED MAR 0 5 2015 WELD COUNTY COMMISSIONERS M.\Francic\AGENDA memosWgenda-Leon-I doc 2015-0643 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 KATHY LYNNE HOYLAND AND KENNETH WILLIAM HOYLAND AND WELD COUNTY, COLORADO THIS AGREEMENT is made this g' day of ,u4ecti , 2015, by and between KATHY LYNNE HOYLAND AND KENNETH WILLIAM HOYLAND, whose address is 18612 County Road 49 La Salle, CO 80645, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the ("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Permanent Easement, in order to accommodate the relocation of existing permanent facilities, and WHEREAS, County requires a Temporary Construction Easement in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four 4095225 Pages: 1 of 12 04/01/2015 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO hl+dl'M?ilk{1hI,�'Yl'r�, 11111 Page 2 of 5 Thousand Three Hundred Ten Dollars, ($4,310.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand Four Hundred Fifteen Dollars, ($1,415.00). 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 Eight Hundred Forty Nine Dollars, ($849.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before March 4, 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. Wit 8. Owner agrees to grant a Temporary Construction Easements to the County, free mN and clear of all liens, encumbrances or other possessory claims, except existing C.„n) easements. Sa 00 c, 9. The Temporary Construction Easements shall commence on the day of closing p.o and shall expire and be of no further force or effect on January 1, 2018, or upon a- in the completion of the Intersection Improvement Project, whichever is earlier. a N QNr 10. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures �9. on the property described in Exhibit "C" which may interfere with County's full FIE ;rmN enjoyment of the rights hereunder; the Temporary Construction Easements a includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 2 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the P:\WELDCNTY\C40#18\HOYLAND\REV Compromise Agreement-Warranty Deed-FINAL 1-30-15.docx Page 3 of 5 Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way, Permanent Easement and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way, Permanent Easements and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Eight Thousand Five Hundred Forty Seven Dollars ($8,547.00) 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 p o agreement is signed and returned on or before March 4, 2015. If the agreement is not signed and returned on or before March 4, 2015, the County shall maintain its j c current offer of Fair Market Value of Six Thousand Five Hundred Seventy Four _N v Dollars ($6,574.00) for the Public Road Right-of-Way, the Permanent Easement, op and the Temporary Construction Easement by County warrant(s) at the date of r F N w closing. �]3N a 4. County, as a condition of the granting of Temporary Construction Easement mu) covenants and agrees to restore the property described in Exhibit "C" to a level ';2.12 2, comparable to its original condition. c2.- 3 amN 5. County shall at closing pay in the amount of Seven Thousand Nine Hundred Twenty Four Dollars ($7,924.00) for relocation of fencing along Weld County Road 49 adjacent to Owner's property. 8 P:\WELDCNTY\C40#I8\HOYLAND\REV Compromise Agreement-Warranty Deed- FINAL 1-30-15.docx Page 4 of 5 6. 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. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent Easement and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such I IIa p enforcement, shall be strictly reserved to the undersigned parties and nothing in x com this Agreement shall give or allow any claim or right of action whatsoever by any o N N other person not included in this Agreement. It is the express intention of the P N undersigned parties that any entity other than the undersigned parties receiving op services or benefits under this Agreement shall be an incidental beneficiary only. -a 6. This Agreement embodies all agreements between the parties hereto and there are 0-;NW „4 no promises, terms, conditions, or obligations referring to the subject matter 3"• whereof other than as contained herein. FAA 's °, 7. This transaction shall be governed by and constructed in accordance with the laws ti ON of the State of Colorado. £. r.a�0- m c) -o amm f r o P:\WELDCNTY\C40#18\HOYLAND\REV Compromise Agreement-Warranty Deed-FINAL I-30-I5.docx Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: KATHY LYNNE HOYLAND AND KENNETH WILLIAM HOY AND e 1 .tee 2 � tta t , 7 , Kat , o and �,,,,,,// / enneth William Hoyland ((��((ATTEST: C/ Gi ado; BOARD OF COUNTY COMMISSIONERS Weld n .'Derr to the r3 and WELD COUNTY, LORADO BY. a�Sr��•..�� i Deputy C to the :t ar. i Barbara Kirkmey r, Chair / sbl t `�� MAR 0 9 2015 APPROVED AS TO FU APPROVED AS SUBSTANCE: L� a Controller EleeCe/d Official or Department Head APPR DASTO IA Director of General Services County ey P:AWELDCNTYVC40#I8\HOYLAN DAREV Compromise Agreement-Warranty Deed-FINAL 1-30-15.docx 4095225 Pages: 5 of 12 04/0Carly Cer aMn R order, el yOj�— h6 4- Carly Koppes, Clerk and Recorder. Weld County. CO O< CJ VIII k��1!"fliUa:i F�h��+'Na'rklrrl;ti}Lfi'r+Y�LI�K�l� 4- 11111 LEGAL DESCRIPTIONS TO BE REVISED AT CLOSING TO INCLUDE EXISTING COUNTY ROW EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT A, 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. 3188055 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE NOO°21'17"W, 616.74 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°17'48"E, 30.91 FEET ALONG THE NORTH LINE OF SAID LOT A; THENCE 500°16'16"E, 616.76 FEET TO THE SOUTH LINE OF SAID LOT A; THENCE 588°17'26"W, 30.01 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE POINT OF BFGINNING. SAID PARCEL CONTAINS 18,781 SQUARE FEET (0.431 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 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION Drexel, Harrell & CO. OF PUBLIC WORKS RyV_4 1800 38th street. Bowser, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40 KENNETH WILLIAM HOYLAND rnm".e°muC8 (719) ¢50-0687 AND KATHY LYNNE HOYLAND c"� °"�°" r°>2I°0 PROJECT NO. SRP-26 1SCALE: N/A WCR 49 cater Ivro),7,: 111 WELD COUNTY.COLORADO DATE: 9-03-14 DRAWN BY: TLT]SHEET: 1 of 2 4095225 Pages: 6 of 12 04/01/2015 04:42 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO VIII PI A'I�I��r �LN. frA '!1nYal3/44.1}1w1rW10 lvi II III EXHIBIT-A EXISTING 40' ROW I N88°17'48"E 30.91' WELCHBK 1060/PG 72 I \y 04-06-1940 II PROPERTY LINE (I`1,, NW CORNER LOT A ' I I I RIGHT-OF-WAY ACQUIRED I (VARIABLE WIDTH) - 18,781 SQ.FT.± OR 0.431 AC.± 1 r 1, • I co nI 3 I N `°N KENNETH WILLIAM HOYLAND STATE OF o - °- o COLORADO I 3- Z w AND KATHY LYNNE HOYLAND NI LOT A, EXEMPTION #RE-3656 z- PARCEL #1053-31-2-00-019 ) 1 RECEPTION #3188055 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED I I NW 1/4 LAND SURVEY OR LAND SURVEY I - 531-T4N-R64W PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 1 1 W 1/4 CORNER II S31-T4N-R64W PROPERTY LINE I : I It 588°17'26"W 30.01' P.O.B. I SW CORNER LOT A W 1/4 CORNER WITNESS CORNER I I THROCKMORTON S31-T4N-R64W I _ • RIGHT-OF-WAY , WELD COUNTY DEPARTMENT ACQUISITION RW_q Drexel, Barrell 8480 Co. OF PUBLIC WORKS 1800 38th Street, BoWder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s) 38&40 KENNETH WILLIAM HOYLAND R- rnma.00 MIMS Mg)z60-ueer AND KATHY LYNNE HOYLAND /\ o rower■ t%ro) eo)n,-1:o PROJECT NO. SRP-26 SCALE: r'= 100 WCR 49 czar Ivi-oea WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 of 2 4095225 Pages: 7 of 12 04/01/2015 04:42 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO live MirdI II'JP."liiiii ii+;hliitlli'i,GAf'iYMEilili i BM' EXHIBIT-B PROPERTY DESCRIPTION PERMANENT EASEMENT ALL THAT PORTION OF LOT A, 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. 3188055 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE N00°21'17"W, 616.74 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°17'48"E, 30.91 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING' THENCE SOO°16'16"E, 616.76 FEET TO THE SOUTH LINE OF SAID LOT A; THENCE N88°17'26"E, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT A; THENCE NOO°16'16"W, 616.76 FEET TO THE NORTH LINE OF SAID LOT A; THENCE 588°17'18"W, 20.01 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,335 SQUARE FEET (0.283 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 _q Drexel, Barrell & Co. OF PUBLIC WORKS pE 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT • Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40 KENNETH WILLIAM HOYLAND -AEr COLORADO , (*0) 088 AND KATHY LYNNE HOYLAND " 0R11m JUNCTION (090)E6'-t 0 PROJECT NO. SRP-26 SCALE: N/A WCR 49 Ipall (ero) -0546 WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: I oft 4095225 Pages: 8 of 12 04/01/2015 04:42 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO ■III M .rL'l�'Jr::Ml��iJ'I1Til VIEW I F 1I III EXHIBIT-B EXISTING 40' ROW I i N T.P.O.BB E 30.91' WELCH BK 1060/PG 72 I 04-06-1940 1 • 588°17'48"W 20.01' II/�IPROPERTY LINE 1///_' NW CORNER LOT A ' ' 1 1 ;,'it'' III 1 I - 11 20' UTILITY EASEMENT ACQUIRED I 12,335 SQ.FT.± OR 0.283 AC.±ii : t C(�I 1 `�; 1 I I n q- I - 1 r n• I� - 1 � �I -,1w '. 3 STATE OF I N I `°l O o KENNETH WILLIAM HOYLAND COLORADO 1 3 3I " Z AND KATHY LYNNE HOYLAND 11 -1 LOT A, EXEMPTION #RE-3656 PARCEL #1053-31-2-00-019 , c, RECEPTION #3188055 NOTE: THIS EXHIBIT MAP DOES I NOT REPRESENT A MONUMENTED 1 LAND SURVEY OR LAND SURVEY 1 I I NW 1/4 PLAT. IT IS INTENDED TO 1 S31-T4N-R64W ILLUSTRATE THE ATTACHED 1 PROPERTY DESCRIPTION ONLY. I I- I F: 1 1 I I I 1 W 1/4 CORNER S31-T4N-R64W - - - LAN - - - 1 PROPERTY E - N88°17'26°E 20.01' 1 1 1 I 1 P.O.C. I SW CORNER LOT A W 1/4 CORNER WITNESS CORNER 1 I 1 THROCKMORTON 531-T4N-R64W I _ 1 PERMANENT EASEMENT 1 WELD COUNTY DEPARTMENT ACQUISITION CD Drexel, Harrell & Co. OF PUBLIC WORKS 1800 38th Street Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Sur°eyore (303) 442-4398 BETWEEN WCR(s)38 &40 KENNETH WILLIAM HOYLAND rnoe.00 seoce (no) MO-mn AND KATHY LYNNE HOYLAND oriss rip a 19,12 2x:1350 PROJECT NO. SRP-26 SCALE: I°=loo WCR 49 cee�r lvro)am-aea WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 of 2 4095225 Pages: 9 of 12 04/01/2015 04:42 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO IIII f+,IFO:i?t likriEl,+'t' LIPI hLINIF'YMil;ilLkiiiii IN EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT ALL THAT PORTION OF LOT A, 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. 3188055 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A, THENCE NOO°21'17"W, 616.74 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°17'48"E, 30.91 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING. THENCE SOO°16'16"E, 616.76 FEET TO THE SOUTH LINE OF SAID LOT A; THENCE N88°17'26"E, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT A; THENCE NOO°16'16"W, 616.76 FEET TO THE NORTH LINE OF SAID LOT A; THENCE 588°17'48"W, 20.01 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,335 SQUARE FEET (0.283 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 4095225 Pages: 10 of 12 04/01/2015 04:42 PM R Fee:$0.00 Carly Kcppes. Clerk and Recorder. Weld County, CO ■III P,IcarLFALIVIMPEACIINI Li?rrkti ritily"F, NI III TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-4 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)38&40 KENNETH WILLIAM HOYLAND SPRINGS MR) 0687 AND KATHY LYNNE HOYLAND rip mxcme (vro) 23551:123551:135° PROJECT NO. SRP-26 SCALE: N/A WCR 49 cams (vm)sa--oe�s WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 1 of2 EXHIBIT-C EXISTING 40' ROW IiTh. T.P.O.B N B E 30.91' WELCH 1O6O/PG 72 I - 04-06-1940 1 �S88°17'48"W 20.01' II . PROPERTY LINE 1- NW CORNER LOT A I 1 si:: 1 at I 1 1 20'TEMPORARY EASEMENT ACQUIRED 1 I * 12,335 SQ.FT.± OR 0.283 AC.± 1 1 - I I 11 it 1 1 141 V' I 1 ID 'di 1 r r e 1 I n- a w ' �: N 1 lc ro STATE OF I Nil o t o KENNETH WILLIAM HOYLAND COLORADO I 3 3I N z AND KATHY LYNNE HOYLAND I Is.I °N0 1 LOT A, EXEMPTION #RE-3656 PARCEL #1053-31-2-00-019 9I RECEPTION #3188055 NOTE: THIS EXHIBIT MAP DOES I - M Iom a NOT REPRESENT A MONUMENTED 1 =-mom LAND SURVEY OR LAND SURVEY 1 I NW 1/4 O1 PLAT. IT IS INTENDED TO I 531-T4N-R64W an)r.N) ILLUSTRATE THE ATTACHED 1 am,n PROPERTY DESCRIPTION ONLY. I jaiHN I m I - `y ny II �,n'im W 1/4 CORNER>II 1r, 0 k;31D S31-T4N-R64W a PROPERTY LANE m r �tR- �ya�N - m \ m o `N88°17126"E 20.01' t'(H�o sm mN u- SW CORNER=g W 1/4 WITNESS CORNER 1 I 1 THROCKMORTON �� S31-T4N-R64W I 1 -J I _ o TEMPORARY EASEMENT WELD COUNTY DEPARTMENT w OF PUBLIC WORKS ACQUISITION TE-4 Drexel, Harrell & Co. - 1800 38th Street. Boulder. CO 80301 WCR 49 CORRIDOR PROJECT EngIneen/surveyors (sos) 442-4338 BETWEEN WCR(s) 38&40 = KENNETH WILLIAM HOYLAND COLO SPRINGS (>1) 0087 AND KATHY LYNNE HOYLAND cwm nc^c" 1o')e)2671—W^c PROJECT NO. SRP-26 SCALE: 1"=100 WCR 49 car (vio)am-owe WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2012 EXHIBIT D POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that ®Kathy Lynne Hoyland and Kenneth Wiliam Hoyland [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 receivers and phone line carrier equipment. F. And shall not grant any other easement right-of-way,permit or license upon,under or over said property without the written consent of the Association.The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. G. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: MORTGAGE COMPANY NAME: ®IN WITNESS WHEREOF the undersigned has set his hand and seal this day of ,20 (Owner) ® (Signature) (Owner) ® (Signature) (Owner) ® STATE OF COLORADO ) (Signature) COUNTY OF ) SEAL 0 The foregoing instrument was acknowledged before me this day of 20 by, [PRINT OWNER(S)OF RECORD NAME(S)] Notary Public: My Commission Expires: (Slgn r.•...r I'noonL VN LLY IILA I'o BOX 272550 4095225 Pages: 12 of 12 I OBT COLLINS.COS'Sr Document' 04/01/2015 04:42 PM R Fee:$0.00 Carly Kooves. Clerk and Recorder Weld County. CO VIII Eir1l1RYa'4iNfrINfle 15L�IL ILM1�FZII�)�,11III MEMORANDUM 11 • ki TO: Clerk to the Board DATE: March 18, 2015 va-GC.u � ' FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 Project RECEIVED Doc # 2015-0643 MAR 3 1 2015 Warranty Deed with Kenneth W. and Kathy Lynne Hoyland. WELD COUNTY COMMISSIONERS Enclosure N1.'FranncAAGENDA memosVAgenda-I.eon-?.Joe y- trams- et s ,/ /ice /5 E0007a " WARRANTY DEED THIS DEED made this 1 id day of it- , 20/`s,, between Kenneth W. Hoyland and Kathy Lynne Hoyland, of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACIIED EXHIBIT "A" Also known as 18612 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. 4097180 Pages: 1 of 6 04/08/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII NMIRtiN LIIrElicil 'iiiiI:r'4IVINVi 4Mi i, II III IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. / �;c v'LL../ L � �%f�L�_ I Lc-!t p 4Z.YlK !`-r&J�`` 14 KENNETH W. HOVLA , Owner KA1 HY(I LYE NE HOYLAND, Owner State of ) )ss. County of ) I-• ti l ti The foregoing instrument was acknowledged before me this Z/ day of 20 i 5, by Kenneth W. Hovland and Kathy Lynne I-Ioyland, Owners. Witness my hand and official seal. ,j Notary Public My commission expires: ( cc t ,J, I ILEON W. PUBLIC NOTARY STATE OF COLORADO NOTARY ID 2001424300 my COMA1930N p{gRESAlIGU8T6,2017 4097180 Pages: 2 of 6 04/08/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes Clerk and Recorder Weld County, CO VIII IIIIJOIIIWAIllilUtill at Figililltrili I A iii Ili Il III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). / -ofDated this (p day of /(_ , 2015. ATTEST: dirdieli COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER '� STATE OF COLORADO THE COUNTY OF WELD Ltr I tte BY: lj �� . BY: Deputy Clk to the Board Mike Freeman,p y �' T Pro—Tem APR 6 6 2015 BOARD OF COUNTY COMMISSIONER OF 'UHF COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD The foregoing instrument was acknowledged before me this CC day of ► & L , 2015 by Mike Freeman BOARD OF COUNTY CO ISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. KARLA FORD n J NOTARY PUBLIC �I�CIJ/hl J �.{1� STATE OF COLORADO Notar Public NOTARY ID 19984029774 MY COMMISSION EXPIRES DECEMBER 2,2018 y commission htit 2 p 20!0 4097180 Pages: c3 of 6 04/08/2015 12:58 PM n R FeeRecorder Weld 0 County. CO 0 /� 04/18 Koppes. Clerk and Recorder. .00 GoFW.Fee:$0.00 ",�/, ■III l4��ih�R��I�P:I� ��FitE� �'�I�Ly�rM��l�df' aI } 11 II O.2O/.5 EXHIBIT-A NW I/4 S31-T4N-R64W PROPERTY DESCRIPTION RIGHT OF WAY ALL THAT PORTION OF LOT A, 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. 3188055 OF THE RECORDS OF WELD COUNTY,COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT A,THENCE N00°21'17"W,616.71 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°17'48"E, 30.91 FEET ALONG THE NORTH LINE OF SAID LOT A, THENCE S00°16'16"E, 616.76 FEET TO THE SOUTH LINE OF SAID LOT A; THENCE S88°17'26"W, 30.01 FEET ALONG THE SOUTH LINE OF SAID LOT A TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,781 SQUARE FEET(0.431 ACRES),MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 40.00 FEET OF THE SOUTHERLY 616.74 FEET OF SAID NORTHWEST ONE-QUARTER SAID PARCEL CONTAINS 0.57 ac.MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY: LEON W. SIEVERS,PLS 23520 RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY,COLORADO. 4097180 Pages: 4 of 6 04/08/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO •III I rjPhHPiifl.W.Li ,ti 'J!" AVATd]Ifi III III RIGHT OF WAY WELD COUNTY DEPARTMENT .es WELD OF PUBLIC WORKS ACQUISITION 10v14") WCR 49 CORRIDOR PROJECT . 11111 BETWEEN WCR 38 &40 I-IOYLAND PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO _.C O_U Y � DATE: 3-12-15 DRAWN BY:DRII SHEET: 1 oft EXHIBIT-A N88°17'48"E 30.91' EXISTING 40' ROW I I WELCH 1060/PG 72 I \"`••• 04-06-1940 I I y.. PROPERTY LINE k , NW CORNER LOT A ' I Tl,,,K . I RIGHT-OF-WAY ACQUIRED (VARIABLE WIDTH) ifrp17,.:?:,;:i!ti 18,781 SQ.FT.± OR 0.431 AC.± , I I I ^ ter. 6 M STATE OFi ors I I o 7f , o KENNETH WILLIAM HOYLAND COLORADO i Z 3i' ._ N AND KATHY LYNNE HOYLAND --I'?-1 LOT A, EXEMPTION #RE-3656 , Z= .44 PARCEL #1053-31-2-00-019 ' �I ;: RECEPTION #3188055 I $: NOTE: THIS EXHIBIT MAP DOES , NOT REPRESENT A MONUMENTED , I e NW 1/4 LAND SURVEY OR LAND SURVEY - < S31-T4N-R64W PLAT. IT IS INTENDED TO I I •&'� ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. I - 1 - ( I /4 CORNER W 1/4N-R64W W 1 - iti PROPERTY LINE P.O.B. I ' S88°17'26"W 30.01' SW CORNER LOT A I - W 1/4 CORNER - WITNESS CORNER ' I , THROCKMORTON S31-T4N-R64W I - , RIGHT-OF-WAY ' WELD COUNTY DEPARTMENT ACQUISITION , Barren & Co. OF PUBLIC WORKS RW_4 1800Drexel 38th Sfaeet Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/surveyors (303) 442-4338 BETWEEN WCR(s)38&40 KENNETH WILLIAM HOYLAND -0 _ rn on.°°SPRINGS (710)mo-aee, AND KATHY LYNNE HOYLAND cwlm mxclro 1°+ x °)x5671-196° PROJECT NO. SRP-26 SCALE: 1"=100 WCR 49 c1®.er (rro)�1-oeu WELD COUNTY,COLORADO DATE: 9-03-14 DRAWN BY: TLT SHEET: 2 of 2 4097180 Pages: 5 of 6 04/08/2015 12:58 PM R Fee:$0.00 0 Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO •IIIfIrjllillhillt, Ifi1'h'I iAri1htil1 N'IKAi i, IllIII POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that Q Kathy Lynne Hoyland and Kenneth William Hoyland [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPOR%TED ASSOCIATION,OWNER)) 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# U 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 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 ,20 (Owner) @ ; ,- ::(.. "�� i/ C '`�C.�-� �y, (Signature� (Owner) © r"'`�E�-kZ�� Y"G,)1,ij � (Sgnature) (Owner) STATE OF COLORADO ) (Signature) us: COUNTY OF L-. `) ) SEAL 0 The foregoing instrument was acknowledged before me this / t day of i't(,'"1"` 20 + , by, fie, Li! L ,ua( (�ey(r),'r� �S —) + rs l,i.c i) [PRINT OWNER(S)OF RECORD NAME(S)] Notary Public: �-< - �'``-.a-, My Commission Expires: r )S" (Signature) ,„,ine,VAT I I c RI LEON W.SIEVERS 4097180 Pages: 6 of 6 w��memi NOTARYPUIBLIC 04/08/2015 12:58 PM R Fee:$0.00 D Fee:$0.00 STATE OF COLORADO Carly Kopper Clerk and Recorder. Weld County, CO 4YC 0dY1 NOTSS0N Y017 ARYID20014024300 VIII 1 + iR�a Ii+MI�+hR+5FaE�trl�Irii, ��,ii,Ill III E%PIRESAUGU3T8, POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that I 0 Kathy Lynne Hoyland and Kenneth William Hoyland [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)] 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 Welct 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 MI 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: u MQRTGAGE COMPANY NAME: . ;g 0 IN WITNESS WHEREOF the undersigned has set his hand and seal this day of ,20 . d m o"1 (Owner) 4JLIZe) -ei e � / me . L • (Signature J_._( v (Owner) 0 Cc � /j t� �rflGy^ o (Signature) CE1 y_ (Owner) 0 toETM STATE OF COLORADO ) (Signature) b a Y�"ll ss: d"'mtie COUNTY OF (A) L'(-- >,7 ) SEAL m o to m tt- © The foregoing instrument was acknowledged before me this 2 7 day of ji'h1 t� 1 20 / 5� , hm a� by, '/CNN�"T1-1 ILIrt_aftild I-kt9ir-l'N0 it-A-, r) kf}T Y 1.'milyvrtrC 19cLr (r+-r'to awn [PRINT OWNER(S)OF RECORD NAME(S)] er..clam Notary Public ,,',- .7_,L....,,,, My Commission Expires: �" 6 -0 t' -15- 0 6.ci15, SSinaturel I+�VAI1 I Y Rl.A Ccn /Jr /�/ _ ' lJ LEON W SIEVERS I 47180 04/08/2015 12:58 ge Pages; R Fee:$0.00 0.00 0 Fee:$0.00 0.00 Document/ NOTARY Max $ $ STATE RYID2• 01402 30 Carly Koppes, Clerk and Recorder, Weld County, CO �� t a ' �I� VIII kireire Nti Iii:I� MJII5 f,r b R+LrR':rilkl�,lh Bill EXHIBIT-B PROPERTY DESCRIPTION PERMANENT EASEMENT ALL THAT PORTION OF LOT A. 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 NWI/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. 3188055 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A. THENCE NOO°21'17"W, 616.74 FEET ALONG THE WEST LINE OF SAID LOT A TO THE NORTHWEST CORNER OF SAID LOT A; THENCE N88°17'48"E, 30.91 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING; THENCE SOO°16'16"E, 616.76 FEET TO THE SOUTH LINE OF SAID LOT A; THENCE N88°17'26"E, 20.01 FEET ALONG THE SOUTH LINE OF SAID LOT A; THENCE NOO°16'16"W, 616.76 FEET TO THE NORTH LINE OF SAID LOT A; THENCE S88°17'18"W, 20.01 FEET ALONG THE NORTH LINE OF SAID LOT A TO THE T UE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,335 SQUARE FEET (0.283 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 (413DDrexel, Barrell & Co. OF PUBLIC WORKS 1840 38th street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Englneers/Surveyore (303) 442-4398 BETWEEN WCR(s)38&40 KENNETH WILLIAM HOYLAND COLORADO eraege re)seco-oarr AND KATHY LYNNE HOYLAND wax PROJECT NO. SRP-26 SCALE N/A 11•10)111-0.46 WCR 49 WELD COUNTY,COLORADO DATE 9-03-14 DRAWN BY: TLT SHEET I of2 4265222 Pages: 2 of 3 12/28/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, COI 1�/ — D iii �J T �hi�11 ill, I� IM lye tiFL 'Yi'ir 11111 s EXHIBIT-B EXISTING 40' ROW ' N88°N88°17'48 E 30.91' WELCH BK 1060/PG 72 04-06-1940 4 sar1748'W 20.01' IPROPERTY LINE a NW CORNER LOT A 1 I i ,� I I I i 20'UTILITY EASEMENT ACQUIRED 12,335 SQ.FT.t OR 0.283 AC.t co r : , Ch,,,, allI INI , co ce r W STATE OF I N l u 2 KENNETH WILLIAM HOYLAND COLORADO : 3 3! Z AND KATHY LYNNE HOYLAND I o I o: LOT A, EXEMPTION #RE-3656 2I PARCEL #1053-31-2-00-019 ` �� RECEPTION #3188055 ` NOTE: THIS EXHIBIT MAP DOES I NOT REPRESENT A MONUMENTED • LAND SURVEY OR LAND SURVEY I NW 1/4 PLAT. R IS INTENDED TO f a S31-T4N-R64W ILLUSTRATE THE ATTACHED I e (PROPERTY DESCRIPTION ONLY. I e 4 W 1/4 CORNER I I I S31-T4N-R64W PROPERTY LINE N88°17'26"E 20.01' P.O.C. s I SW CORNER LOT A li i W 1/4 CORNER WITNESS CORNER I I a THROCKMORTON S31-T4N-R64W 1 PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Glip Drexel, Barrell & Co. OF PUBLIC WORKS 1800 BM Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT KENNETH WILLIAM HOYLAND , 6n41neer/8ur,syore (303) 442-4338 BETWEEN WCR(s)38&40 —1 MUM,*8*381or Failln-oen AND KATHY LYNNE HOYLAND rip NM= ,� PROJECT NO. SRP-26 SCALE r'=100 , WCR 49 WELD COUNTY,COLORADO DATE. 9-03-14 DRAWN BY TLT SHEET 2 of'2 4265222 Pages: 3 of 3 12/28/2016 10:52 All R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iiiir �e nlY�r lt witiwarNAIIGuIAM till Hello