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Home My WebLink About20152925.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - THE ESTATE OF DONNA M. BOULTER AND THE HEIRS , 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 was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way 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 Sherri O' Hara aka Sherri Lynn Stewart O' Hara as Personal Representative of the Estate of Donna M. Boulter, and the Heir(s) or Devisee(s) of Donna M. Boulter, Deceased, Subject to Administration by the Personal Representative of Decedent's Estate, 2723 Geneva Place, Longmont, Colorado 80503, 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 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 Sherri L O'Hara aka Sherri Lynn Stewart O'Hara as Personal Representative of the Estate of Donna M. Boulter and the Heir(s) or Devisee(s) of Donna M. Boulter, Deceased, Subject to Administration by the Personal Representative of Decedent's Estate, 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. 2015-2925 �:,C'�' �t.�;�T.l�/�)°1�3tj EG0072 � RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 -THE ESTATE OF DONNA M. BOULTER AND HEIRS PAG E 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of September, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �j�,a� � �;� EXCUSED Barbara Kirkmeyer, Chair Weld County Cler the Board y� �� i�(1 L�.i�a.�o - — Mike Freeman, Pro-Tem B � ` D uty Clerk to the Boa f�� ean P. Co way � AP OV O F � �� t�t � lie A. Cozad , � �' , oun Attorney �°� �� Steve Moreno Date of signature: � �S 2015-2925 � EG0072 1861, MEMORANDUM jTtLiJIa r iiiii**\ TO: Clerk to the Board DATE: July 20, 2015 Cp_UNT_Y FROM: Tiffane Johnson & Leon Sievers Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-way and Temporary Construction Easement with Sherri L. O'Hara aka Sherri Lynn Stewart O'Hara as Personal Representative of the Estate of Donna M. Boulder and the Heir(s) or Devisee(s) of Donna M. Boulder, Deceased Subject to Administration by the Personal Representative of the Decedent's Estate. RECEIVED JUL 202015 WELD COUNTY COMMISSIONERS M\Erancie\AGENDA memos\Agenda-Tiffane.doc 2015-2925 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 SHERRI L. O'HARA A/K/A SHERRI LYNN STEWART O'HARA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DONNA M. BOULTER AND THE HEIR(S) OR DEVISEE(S) OF DONNA M. BOULTER, DECEASED, SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEDENT'S ESTATE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this � _day of h 2015, by and between SHERRI L. O'HARA A/K/A SHERRI LYNN STE 'HARA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DONNA M. O TER AND THE HEIR(S) OR DEVISEE(S) OF DONNA M. BOULTER, DECEASED, SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, whose address is 2723 Geneva Place, Longmont, CO 80503, 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 aligmnent 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 reyuires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, 414376$ Pages: 1 of 13 �Ol'' -��`�''/ 09/'Z1/2015 11:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO �III!�!�1�',�=�N�I�l��ti h��+'Mi�ih��f�l,��ti'F�:ih�+,�Y��h �I II I Page 2 of 6 NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: l. 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 Nine Thousand Five Hundred Three Dollars, ($9,503.00). 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 Two Thousand Nine Hundred Thirty One Dollars, ($2,931.00). 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 One Thousand ' Seven Hundred Fifty Nine Dollars, ($1,759.00). The parties acknowledge and I 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 June 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. _47 T� �r 8. Owner agrees to grant a Temporary Construction Easement to the County, free m-�� and clear of all liens, encumbrances or other possessory claims, except existing �3� easements. �� _-_. , L� I Q LL o� 9. The Temporary Construction Easement shall commence on the day of closing and � N�� shall ex pire and be of no further force or e f fec t on January 1, 2 0 1 8, or upon t he N�� completion of the Project, whichever is earlier. �¢m�� da�,� ��; r. 10. Owner shall not, during the term of the Temporary Construction Easement, erect � t �N� ��f �N o � r�Y� frJNaZ cr��= Z:\WELDCNTY\C40#18\BOULTER,Donna\Parcel 037-41 A\Compromise Agreement-Warranty Deed-6-15-15.docx �m�� Page 3 of 6 or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full 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. i 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 0-- 3. County shall pay Eighteen Thousand Four Hundred Fifty One Dollars ($18,451.00) to the Owner for the Public Road Right-of-Way, the Permanent r Easement, and the Temporary Construction Easement by County warrant(s) at the m date of closing if agreement is signed and returned on or before June 30, 2015. If m 3 the agreement is not signed and returned on or before June 30, 2015, the County shall maintain its current offer of Fair Market Value of Fourteen Thousand One Hundred Ninety Three Dollars ($14,193.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County �a ru. warrant(s) at the date of closing. w�({ •V oo a�mY 0 4. County, as a condition of the granting of Temporary Construction Easement N N op m n C r)N>. m�= Z:\WELDCNTY\C40#18\BOULTER,Donna\Parcel 037-41A\Compromise Agreement-Warranty Deed-6-15-15.docx Page 4 of 6 covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. 5. County shall reimburse the Owner Two Thousand Dollars ($2,000.00) for the incurred appraisal expense from this Project. 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. The Owner shall be responsible for the subsequent maintenance of said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent Easement and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in Ts EL. this Agreement shall give or allow any claim or right of action whatsoever by any 3 other person not included in this Agreement. It is the express intention of the ••w undersigned parties that any entity other than the undersigned parties receiving o 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 �►r -IP no promises, terms, conditions, or obligations referring to the subject matter a'v. roco whereof other than as contained herein. — I ((ONO N^ Z:AWELDCNTY\C40#18\BOULTER,Donna\Parcel 037-41 A\Compromise Agreement-Warranty Deed-6-15-15.docx Page 5 of 6 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4143768 Pages: 5 of 13 5 48 qqp i R Fee:$0'+'.`00 09r 21I'p�e Clerk and M ��l� ��1�F�Ni1�e1iii11,��'��rl��w I �iri ,I III Z:\WELDCNTY\C40#18\BOULTER,Donna\Parcel 037-41A\Compromise Agreement-Warranty Deed-6-15-15.docx � Page 6 of 6 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: SHERRI L. O'HARA A/K/A SHERRI LYNN STEWART O'HARA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DONNA M. BOULTER AND THE HEIR(S) OR DEVISEE(S) OF DONNA M. BOULTER, DECEASED, SUBJECT TO ADMINISTRATION BY THE PERSONAL REPRESENTATIVE OF THE DECEDENT'S ESTATE ..�2� ��11�� Date: Co �� /,T� BY' �??1t- Sherri L. O'Hara ATTEST: �� U�p�� BOARD OF COUNTY COMMISSIONERS Weld o nty Clerk to th Board WELD COLTNTY, COLORADO BY: 'YY�.�.�D�� Deputy erk to the Board �� Mike Freeman, Pro-Tem SEP 0 2 2015 APPROVED AS TO F�N t � � PROVED AS T�0 SUBSTANCE: C�n Controller Elec ed ial or Department Head APPROVED AS TO FORM: �/A — Director of General Services ��•�.� �,r.�--_� County Attorney 4143768 Pages: 6 of 13 09/21/2015 11:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III M��l��I��G��i�hi��;P��:E��Mi�1Ma��N'��E��W��,h �I III Z:\WELDCNTY\C40#18\BOULTER,Donna\Parcel 037-41A\Compromise Agreement-Warranty Deed-6-15-15.docx oZ p��'�oZ�'.� EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT A, RECORDED EXEMPTION NO. 0963-31-2- RE1388, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2298988 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, T5N, 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. 3519433 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 31 BEARS NOO°37'54"W, 2630.99 FEET, THENCE N89°21'59"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING. THENCE NOO°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE SOUTHEASTERLY, 81.25 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT A AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID ARC HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 03°22'25" AND BEING SUBTENDED BY A CHORD THAT BEARS S22°18'09"E, 81.24 FEET; THENCE SOO°37'54"E, 751.59 FEET TO THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND THE SOUTH LINE OF SAID LOT A; THENCE S89°21'59"W, 30.00 FEET ALONG THE SOUTH OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINS 23,648 SQUARE FEET (0.543 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION RW-41A Drexel, Barrell & Co. 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT DONNA M. BOULTER& Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52 THE ESTATE OF WILLIAM BOULTER COLORADO SPRINGS (719)260-0887 DECEASED GRum IM' (97°)25 1-oeas PROJECT N0. SRP-26 SCALE: N/A WCR 49 DATE: 12-08-14 DRAWN BY: TLT SHEET: I of 2 4143768 Pages: 7 of 13 09/21/2015 11:48 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO ■III!�!rjl.�til��I�G��+i�'I��,�k��hhl��l ��I��I�� iI II I EXHIBIT-A ' SECTION LINE SECTION LINE N89°36'34"E 40.00' NOTE: THIS EXHIBIT MAP DOES P.O.C. Z NOT REPRESENT A MONUMENTED NW CORNER I� LAND SURVEY OR LAND SURVEY S31-T5N-R64W � M PLAT. IT IS INTENDED TO � THISTLE DOWN INC. ILLUSTRATE THE ATfACHED I o° ' PROPERTY DESCRIPTION ONLY. N E 1/4 w N W 1/4 S36-T5N R65W � 531-T5N-R64W � r� 0 O � � � DONNA M. BOULTER & THE ESTATE OF L=81.25� WILLIAM BOULTER, � R=,38°.°°' DECEASED �03°22'25" � � �"=S22°,S'°9"E �` LOT A, RECORDED EXEMPTION 81.24' � � , '' � : NO. 0963-31-2-RE 1388 � : PARCEL #0963-31-0-00-037 :3- ' °' RECEPTION #3519433 � �£: � P & A � A TURKEY � � N :; w �'°,�F� , T�T � ;_ �� =i2�o.2a F'ARMS� 11VC. 3 `�,�� R=1380.00' � � ;' � '�•F 4=50°t4'57�� '� � M CH=S45°44'25"E M ' � APPARENT � � �n � o � `* N PVREA EASEMENT 1171'86 EXISTING 40' ROW Z o (ALL OF SEC. 31) Z :� 30' RIGHT-OF -WAY ACQUIRED BK 1046/PG 1 '"�¢ RECP#819281 I 23,648 SQ.FT.± OR 0.543 AC.± 6-7-1939 w T.P.0.8. PROPERTY LINE N89°21'59"E 2639.30' 1/4 SECTION LINE P.O.C. W 1/4 CORNER S31-T5N-R64W SW 1/4 o S31-T5N-R64W S89 21'59"W 30.00� gp�TER SE 1/4 ' � ' N89°21'59"E 40.00' S36-T5N-R65W � � � � RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUIS[TION RW-41A Drexel, Barrell & Co. OF PUBLIC WORKS ieao ser.n streec, Houlder, co eoaoi WCR 49 CORRIDOR PROJECT DONNA M. BOULTER& Engiaeers/Surveyors (303) 442-4338 BETWEEN WCR(S�5�& 52 THE ES'i'nTE OF WILLIAM BOULTER -_� - cor.o2uoo sexures ��io�zeo-oee� DECF.ASED ��r ��D 7tlNCSTON �°�°)2''�-1�° PROJECT N0. SRP-26 SCALE: 1"=200' /' -� cx�ar (rro)s6i-oeas WCR 49 DATE: 12-08-14 DRAWN BY: l'LT SHEET: 2 of 2 4143768 Pages: 8 of 13 09/21/2015 11:48 AM R Fee:$0.00 Garly Koppes. Clerk and Recorder, Weld County CO ■III��l;��wi��i<«��'w�,�I��LS«�j��I��'if�'�;�i��r�� I II I EXHIBIT-B PROPERTY DESCRIPTION PVREA PERMANENT EASEMENT: A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT A, RECORDED EXEMPTION N0. 0963-31-2- RE1388, A RECORDED EXEMPTION RECORDED UNDER RECEPTION N0. 2298988 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, T5N, 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 N0. 3519433 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 31 BEARS N00°37'54"W, 2630.99 FEET, THENCE N89°21'59"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N00°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE SOUTHEASTERLY, 81.25 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT A AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST TO THE TRUE POINT OF BEGINNING SAID ARC HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 03°22'25" AND BEING SUBTENDED BY A CHORD THAT BEARS S22°18'09"E, 81.24 FEET; THENCE S00°37'54"E, 751.59 FEET TO THE SOUTH �INE OF THE NW1/4 OF SAID SECTION 31 AND THE SOUTH LINE OF SAID LOT A; THENCE N89°21'59"E, 20.00 FEET ALONG THE SOUTH OF THE NW1/4 OF SAID SECTION 31 AND ALONG ' THE SOUTH LINE OF SAID LOT A; THENCE N00°37'54"W, 707.42 FEET TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE NORTHWESTERLY, 48.48 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT A AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST TO THE TRUE POINT OF BEGINNING. SAID ARC HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 02°00'47" AND BEING SUBTENDED BY A CHORD THAT BEARS N24°59'44"W, 48.48 FEET. SAID PARCEL CONTAINS 14,583 SQUARE FEET (0.335 ACRES), MORE OR LESS LEGAL DESCRIP11ON PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & C0. 1800 38TH STREET 60ULDER, CO 80301 303-442-4338 PVREA PERMANENT WELD COUNTY DEPARTMENT EASEMENT pE-41A Drexel, Barrell & Co. OF PUBL[C WORKS ACQUISITION 1800 38th 3treet, Houlder, co eosoi WCR 49 CORRIDOR PROJECT DONNA M. BOULTER& �s�eers/Surveyors (303) 442-4338 BETWEEN WCR(S) 50& 52 THE ESTATE OF WILLIAM BOULTE�,R, =_�=�� coiox�m sPswcs (7io)zeo-oeea cs�m nnrcnoN (rro) zs�-lssa PR0JECT N0. SRP-26 SCALE: N/A DF.CEASF,D �-.�, c�a7 (wro) y6i-oeas WCR 49 DATE: 12-08-14 DRAWN BY: TLT SHEET: l of 2 4143768 Pages: 9 of 13 09/21/2015 11:48 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County, C0 �III k��.rL'�t��w��i��«��I'��il��,F.��h'��'�L��i��, �I II I EXHIBIT-B SECTION LINE SECTION LINE NOTE: THIS EXHIBIT MAP DOES N89°36'34"E 40.00' NOT REPRESENT A MONUMENTED P.o.c. Z NW CORNER LAND SURVEY OR LAND SURVEY I M PLAT. IT IS INTENDED TO S31-T5N-R64W I M ILLUSTRATE THE ATTACHED ' �� THISTLE DOWN, INC. PROPERTY DESCRIPTION ONLY. NE 1/4 w� NW 1/4 S36-T5N-R65W � S31-T5N-R64W r r� 0 O � � i i T.P.°.B. DONNA M. BOULTER & � L=48.48� THE ESTATE OF R=1380.00' a°2°°°'4'" WILLIAM BOULTER L=81.25� CH=N24°59'44"W � R=1380.00� i � 48�48� DECEASED �03°22'25" � CH=S22 18 09 E LOT A, RECORDED EXEMPTION o , �, � 81.24' � � - � NO. 0963-31-2-RE 13 8 8 � " � PARCEL #0963-31-0-00-037 � p_ � �� RECEPTION #3 51943 3 P CX. A � � '� o a � 3 ,p TURKEY � TT�7 � N o � � ��'p� L=1210.28' FARMS 11vC. 3 � o � R=1380.00' � � � ,,�,� Z �'LF �=50°t4'57" � � a CH=S45°44'25°E - <n APPARENT � o � PVREA EASEMENT 1171.86 EXISTING 40' ROW Z o (ALL OF SEC. 31) Z 20' PVREA PERMANENT BK 1046/PG 1 � EASEMENT ACQUIRED RECP#819281 � 6-7-1939 14,583 SQ.FT.± OR 0.335 AC.± PROPERTY LINE N89�21'59"E 2639.30' 1/4 SECTION LINE P.O.C. N89 21 59 E 20.00 W 1/4 CORNER 531-T5N-R64W SW 1/4 � � ' BOULTER S31-T5N-R64W ' ' ' S89 21'59 W 30.00 SE 1/4 N89°21'59"E 40.00' 536-T5N-R65W � 1 � 1 PVREA PERMANENT WELD COUNTY DEPARTMENT EASEMENT pE-41A Drexel, Barrell & Co. OF PUBLIC WORKS ACQUISITION 1800 38th 3treet, Boulder, co ao9oi WCR 49 CORRIDOR PROJECT DONNA M. BOULTER& �s�eers/surv�yora (303) 442-4338 BETWEEN WCR(s) 50& 52 THE ESTATE OF WILLIAM BOULTER -=�: co�.oR�no sPRnres (�io>zeo-oeav DECEASED cae�m rotrcTToa (ero)zs�—isso PROJECT N0. SRP-26 SCALE: 1"=200' ��c�ar (aro) s6i-oe�a WCR 49 DATE: 12-08-14 DRAWN BY: TLT SHEET: 2 of 2 4143768 Pages: 10 of 13 09/21/2015 11:48 AM R Fee:$0.00 Carly Koppes� Clerk and Recorder, Weld County, C0 ■III t�!��l�t��'��h'ti�tl��w�k'��f��:��:M�tM�4 t�L��, �I II I EXHIBIT-C PROPERTY DESCRIPTION TEMP0RARY EASEMENT: A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT A, RECORDED EXEMPTION N0. 0963-31-2- RE1388, A RECORDED EXEMPTION RECORDED UNDER RECEPTION N0. 2298988 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, T5N, 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 N0. 3519433 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 31 BEARS N00°37'54"W, 2630.99 FEET, THENCE N89°21'59"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N00°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE SOUTHEASTERLY, 81.25 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT A AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST TO THE TRUE POINT OF BEGINNING. SAID ARC HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 03°22'25" AND BEING SUBTENDED BY A CHORD THAT BEARS S22°18'09"E, 81.24 FEET; THENCE S00°37'54"E, 751.59 FEET TO THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND THE SOUTH LINE OF SAID LOT A; THENCE N89°21'59"E, 20.00 FEET ALONG THE SOUTH OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A; THENCE N00°37'54"W, 707.42 FEET TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE NORTHWESTERLY, 48.48 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT A AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST TO THE TRUE POINT OF BEGINNING. SAID ARC HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 02°00'47" AND BEING SUBTENDED BY A CHORD THAT BEARS N24°59'44"W, 48.48 FEET. SAID PARCEL CONTAINS 14,583 SQUARE FEET (0.335 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & C0. 1800 38TH STREET � BOULDER, CO 80301 303-442-4338 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-41A Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Houlder, co eo3oi WCR 49 CORRIDOR PROJECT DONNA M. BOULTER& �e�eera/Surveyora (303) 442-4338 BETWEEN WCR(S�50 c� 52 THE ESTATE OF WILLIAM BOULTER �-... = car.owoo sPnnres (vie)Zeo-oeaT DECEASED caeem n�ercnox (e�o) zs�—i9so PR0JECT N0. SRP-26 SCALE: N/A so _..__,.._.: c�ar (wm) ssi—oe�a WCR 49 DATE: 12-08-14 DRAWN BY: TLT SHEET: 1 of 2 414376$ Pages: 11 of 13 09/21/2015 11:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County, CO ■III l��!'1�Q�'�i�I�'r��L��h��i��lly��J+l�l��,�IY�� I II I � EXHIBIT-C ' SECTION LINE SECTION LINE , N89°36'34"E 40.00' NOTE: THIS EXHIBIT MAP DOES P.O.C. Z NOT REPRESENT A MONUMENTED NW CORNER LAND SURVEY OR LAND SURVEY S31-T5N-R64W I � PLAT. IT IS INTENDED TO I � ILLUSTRATE THE ATTACHED ' �� THISTLE DOWN, INC. PROPERTY DESCRIPTION ONLY. NE 1/4 w� NW 1/4 S36-T5N-R65W � S31-T5N-R64W r M 0 O � f i i T.P.o.B. DONNA M. BOULTER & � L=48.48� THE ESTATE OF R=1380.00' °=02°°°'47° WILLIAM BOULTER, L=81.25� CH=N24°59�44��W R=1380.00� � 48•48� DECEASED �=03°22'25" � � < �"=S22°,$°�4 i LOT A, RECORDED EXEMPTION ' � �� NO. 0963-31-2-RE 13 8 8 � � _ ��`� PARCEL #0963-31-0-00-03 7 p_ °'` � RECEPTION #3519433 �, � � P (X. A � � ; A I � � rs: � � TURKEY � ' N N w �R�� 'P L=1210.28' � FARMS, INC. � � � o �, R=,3so.00' � � �;" z '�F �=50°14'57" � � a :,; CH=S45°44'25°E ,� r cn:� APPARENT 1171.86' a M PVREA EASEMENT EXISTING 40' ROW Z o (ALL OF SEC. 31) Z 20' TEMPORARY BK 1046/PG 1 EASEMENT ACQUIRED RECP#819281 � 6-7-1939 14,583 SQ.FT.± OR 0.335 AC.± PROPERTY LINE N89°21'59"E 2639.30' t/4 SECTION LINE P.O.C. N89°21'59"E 20.00' W 1/4 CORNER S31-T5N-R64W SW 1/4 S89°21�59°W 30.00� BOULTER 531-T5N-R64W � � o �� I SE 1/4 N89 21'59 E 40.00' S36-T5N-R65W � I � � TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-41A Drexel, Barrell & Co. OF PUBLIC WORKS 1800 3Bth 3treet, Baulder, co eosoi WCR 49 CORRIDOR PROJECT DONNA M. BOULTER& Engineers/Surveyors (303) a42-43se BETWEEN WCR(s) 50& 52 THE ESTATF,OF WILLIAM BOULTER, =-_�=-' co�nx�no saanres (�ia) zeo-oeav DECEASED ��/ CRAN°�°"�°x (°'o� �''—'�° PROJECT N0. SRP-26 SCALE: I"=200' F ':� c�aY (wro) s6i-oe4s WCR49 DATE 12-08-14 DRAWN BY: TLT SHEET: 2of 2 4143768 Pages: 12 of 13 �9/21/2015 11:48 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder. Weld County, GO �lII�!�1l1��rrY�'�r��F'�I��i �'�f�1�1�'i�l��Yl�r�� I II I EXHIBIT D POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that ��----- --__________ _.________� v...____..__..___.____..__.__�_ ___�..v.___.__ j [Pi�t''�"�' FLaC,L NA.�fE{S) (SI�{�I�E,J�['tiT, FAR"!'NERSHIP,CO[2POkATION,II�C�RPOI��T�D A,SS�CIATIOlV,U'4'4`NER)� is (are) the Owner(s) of record and far a good and valuable considera[ion, the receipt of which is hereby acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., tAssocration} a Colorado corporation, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual right-of-way and easement upan these particularly described lands of the undersigned: A UTILITY EASEMENT 20 FEET WIDE. 10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CC?NSTRUCTED ON WORK ORDER# � Reception No. County Township N, Range 1'V, Section Book� Page� for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining, and extending from time ro time an overhead andJar underground electric line or system, inciuding, but not Iwmited to,poles,tawers, fixwres, 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 cantrollin� by chemicat means, from time to time, trees, bushes and shruhbery 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 Associalian, otherwise endanger the lines or other facilities af the Association. B, The undersigned agrees to keep the area within 18 feet of the centerline of said undergrau�d or overhead electric line or system c(ear of buildings, structures, piles oF earth, rubbish,debris or other substances or materials, and to permtt or otherwise agree to the easement and joint use occupancy of other lines or systems. C. And grants ro the Association the right of access for ingress and egress over the lands above-described and the right to use the road4 or trails, whether public, private or dedicated, to install, maintain ancl use gates and fences presently installed or as may be installed from time to time. D. And further agrees that all facilities installed by ar#�or the Assacsation 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 easemenc for communication purposes iricluding wireless transmitters and ' receivers and phone Isne carrier equipment. F. And shali not grant any other easement right-of-way, permit or license upon, under or aver said property without ihe written consent af the Association.The failure to enfc�rce all or any portion of this Easement by the Assaciation 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 awner in fee of the above descnbed lands and will defend the title therero against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever eharacter except the foffowing: MORTGAGE COMPANY NAME: � IN WITNESS WHEREUF the undersigned has set his hand and seal this day�of_ ,70____� (O�uner} � (Signature) (Owner) � (Signature) (Owner) Q STATE OF COLORADO ) (Signature) ' ) ss: ' COUNTY OF_ ) SEAL � The Eoregoing instrument was acknowledged before me this day of._^__ 20_�_ by, — f PR�N'�"t��'1�E�d{S)OI� RE�CDR�A NAME(S)� Notary Public: ^_ My Cammission Expires: ___� �__ rauoR�vN_t_i.e kE_�t 4143768 Pages: 13 af 13 r>c��ox_r_ssu 09/21/2015 11:48 AM R Fee:$0.00 roaTr.�nt.i.�n:s.cn�,s�� Carly Koppes, Clerk and Recorder, Weld County, CO ��k��1��'IfY�1'�1��a��i��'�f��I�L�1�It��1��4�� - ��6.��.� MEMORANDUM � , l `�'"'�ff TO: Clerk to the Board DATE: October 1, 2015 1�I�u --�o_�NTY � FROM: Leon Sievers/Tiffane Johnson Public Warks Department SUBJECT: Consent Agenda Item RE: WCR 49 Project Warranty Deed with Sherri Lynn Stewart O'Hara RECEiVED OCT 0 2 2015 WELD COUNTY COMMISSIONERS M:�FrancieWGENDA memosWgenda-Leon-I.doc � �� : ��C � �L jo� �. ��' �� _� _ �S, io%y/Is �,?o�s-aqaS �C, c�o�a WARRANTY DEED THIS DEED made this � day of , 20/J, between Sherri Lynn Stewart O'Hara, as Personal Representative of the Estate of Donna M. Boulter, of the � County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: � WITNESS, that the grantor, for the sum of One Dollar, and other good and � valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as: vacant land, 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 �rant, 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. Pa9�s� 1 °f 5 D Fee:$@�00 4149539 AM R Fee:$OW��d Countv ��1i�'�IIII 10/13/2015 101erk and Recorlder , ,� I 4 G�r1Y KopPes' ■ III t�!��li'�Ih��,�,��:I��•F Y��L��L�J�'h�.,��,'�4� � _ _ IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. The Estate of Donna M. Boulter d �� ' _ � i' �'l''�—'� ;�' ;'/Z_��a/ lfJl<L'� , l�tf�— SHERRI LYNN S WART O'HARA, Personal Representative/Executor State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this � day of fjc�"�bC✓, 2015, by Sherri Lynn Stewart O'Hara Personal Representative/Executor of the Estate of Donna M. Boulter, Owner. Witness my hand and official seal. � • tary Public My commission expires: g-�-l7 «�.�w. LEON W.SIEVERS 8TA�O�F COL�ORADO NOT��R1f ID�140d4.900 IA1'00MMSII0N a�aa MIOUST 1,1017 4149539 Pages: 2 of 5 10/13/2015 10:45 AM R Fee:$0.00 D Fee:$0.P10 Carly Koppes Clerk and Recorder, Weld County. CO �I �iii�!��r«ti��,i�,��,if F��,�.��,w�+,k,�� i ii i - 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). II /�7� j Dated this / day of , 2015. ATTEST: G/,��J �'�. �;� COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD � I�IL j� � BY: �� B . Deputy Cle to the Boa � arbara Kirkm er, Chair OCT 0 7 ZOti5 a� BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) � )ss � COUNTY OF WELD ) � he oregoing instrument was acknowledged before me this day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY �� COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. N ary Public My commission expires: STEPHANIE FREDERICIC NOTARY PUBLIC•STATE OF COLORADp My Iden'tfication#20154037785 F.�ires September 23,2019 4149539 Pages: 3 of 5 / 10/13/2015 10:45 AM R Fee:$0.00 D Fee:$0.00 ��5"�ya-�' Carly Koppes, Clerk and Recorder, Weld County; CO ■i!I��1�Lw�l�rL�l��:�i��;I�'��I'r'�L�F'r,�l��W�J�i��+�Y�� !II I EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT A, RECORDED EXEMPTION N0. 0963-31-2- RE1388, A RECORDED EXEMPTION RECORDED UNDER RECEPTION N0. 2298988 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 31, T5N, 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 N0. 3519433 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 31 FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 31 BEARS N00°37'54"W, 2630.99 FEET, THENCE N89°21'59"E, 40.00 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING: THENCE N00°37'54"W, 827.09 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE SOUTHEASTERLY, 81.25 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT A AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID ARC HAVING A RADIUS OF 1380.00 FEET, A CENTRAL ANGLE OF 03°22'25" AND BEING SUBTENDED BY A CHORD THAT BEARS S22°18'09"E, 81.24 FEET; THENCE S00°37'54"E, 751.59 FEET TO THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 31 AND THE SOUTH LINE OF SAID LOT A; THENCE S89°21'59"W, 30.00 FEET ALONG THE SOUTH OF THE NW1/4 OF SAID SECTION 31 AND ALONG THE SOUTH LINE OF SAID LOT A TO THE TRUE POINT OF BEGINNING: SAID PARCEL CONTAINS 23,648 SQUARE FEET (0.543 ACRES), MORE OR LESS LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & C0. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-41A Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th 3treet, Houlder, co eo3oi WCR 49 CORRIDOR PROJECT DONNA M. BOUL'I'ER& Engtaeers/surveyors (303) a42-4338 BETWEEN WCR(s)50& 52 THE F,STATE OF WILL[AM BOULTER, -`._�-- cotowuo srRaas (�io)zea-oee� D[?CGASED f:� GG�Ynn�rn°x ��l_�� PR0JECT N0. SRP-26 SCA�E: N/A WCR 49 WELD COUNTY.COI.ORADO DATE: 12-08-14 DRAWN BY: TLT SHEET: t of 2 4149539 Pages: 4 of 5 10/13/2015 10:45 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, C0 ■III k��1��4�w��li�l��'�F 1��N��l�,��wt��r�M�,Y�YL��, �I II I r EXHIBIT-A SECTION LINE SECTION LINE N89°36'34"E 40.00' NOTE: THIS EXHIBIT MAP DOES P.O.C. Z NOT REPRESENT A MONUMENTED NW CORNER I�,� LAND SURVEY OR LAND SURVEY 531-T5N-R64W I r� PLAT. IT IS INTENDED TO � THISTLE DOWN INC. ILLUSTRATE THE ATfACHED I o° ' PROPER1Y DESCRIPTION ONLY. NE 1/4 w NW 1/4 536-T5N-R65W � S31-T5N-R64W r r� 0 O � � � DONNA M. BOULTER & THE ESTATE OF L=81.25� WILLIAM BOULTER, R=1380.00� � DECEASED �=03'22'25" � � �"=S22°,8°z4 i LOT A, RECORDED EXEMPTION � � � NO. 0963-31-2-RE 1388 � ` PARCEL #0963-31-0-00-037 - ' °' RECEPTION #3519433 p_ � � P (X. A � O o r � A�QO TURKEY � "' � , ``' �F'P�� L=1210.28' FARMS INC. � � �, R=,sao.00� � � � `. ^ tiF �50°14'57" -`n `t ` � CH=S45°44'25"E '� `-r' '` � APPARENT M o M '� N PVREA EASEMENT 1171.86 EXISTING 40' ROW Z o (ALl OF SEC. 31) Z 30' RIGHT-OF -WAY ACQUIRED BK 1046/PG 1 23,648 SQ.FT.± OR 0.543 AC.± RECP#819281 � 6-7-1939 T.P.O.B. PROPERTY LINE N89°21'59"E 2639.30' t/4 SECTION LINE P.O.C. W 1/4 CORNER S31-T5N-R64W SW 1/4 o � S31-T5N-R64W sss 2i'5s"w 30.0o BOULTER SE 1/4 I � I N89°21'59"E 40.00' 536-T5N-R65W � I � 1 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-41A Drexel, Harrell & Co. OF PUBLIC WORKS 1800 38th 3ireet, Houlder, co eosoi WCR 49 CORRIDOR PROJECT DONNA M. E3OULTER& �S�eera/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52 THE F.STATE OF WILLIAM BOULTER. `=� cotox�uo sean�cs (tiio)ze�om� DF,CF?ASED ��r �sAN°'°"`�°N �°'�°��''''�° PROJECT N0. SRP-26 SCALE: 1"=200' /' � ca�rt (rro) s6i-oeas I WCR 49 WF.[.D COUNTY.COLORA(�O DATE: 12-08-14 DRAWN BY: 'I'L'1' SHEET: 2 of 2 4149539 Pages: 5 of 5 10/13/2Nl5 10:45 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County. C0 I ■III�!�1a�'�l�r�tC��If��;h�41!'��+��t�Y a'iE��;hl�'�i�L�� I II I Hello