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HomeMy WebLinkAbout20150797.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 - DONALD AND BETTIE STONE 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 Donald and Bettie Stone, 107 W. Taylor Avenue, La Salle, Colorado 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 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 Donald and Bettie Stone 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. CG ►"tuft(/Ls")`473 2015-0797 EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - DONALD AND BETTIE STONE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WE COUNTY, OLORADO ATTEST: da t , c.( r,,J-;� C/.d�w� "�-'rte' hat /XL((tt rbara Kirk yer, Clrlair Weld County Clerk to the Board Mike Freeman, Pro-Tern Deputy CI rk to the Sean P. C wa APPROVED AS TO FO itQ? � � Irmo Julie A. oz County Attorney • 'SA' 2015-0797 Steve Moreno Date of signature: �1 2015-0797 EG0072 MEMORANDUM r�■ l (ITO: Clerk to the Board DATE: March 18, 2015 UV GC�.N-rY ' FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement, and Temporary Construction Easement with Donald C. and Bettie R. Stone. RECEIVED Enclosure MAR 2 0 2015 WELD COUNTY, COMMISSIONER., Mlkrxncie'AGENDA memos\Anende-Lcon-2.don 2015-0797 Eel 0012 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 DONALD C. STONE AND BETTIE R. STONE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this do day of , 2015, by and between DONALD C. STONE AND BETTIE R. STONE, whose address is 107 W. Taylor Avenue La Salle, Colorado 80645, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 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 One 4097177 Pages: 1 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppel. Clerk and Recorder Weld County, CO ■I O7O/5- �)7 //II KI',ll'h ill'�,:6rheriohKrii II�ilP:r41�4 YL �I II I Page 2 of 5 Thousand Four Hundred Fifty Six Dollars, ($1,456.00). 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 Five Hundred Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before March 11, 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. 8. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing a m easements. g-4 C Kr-.1 9. The Temporary Construction Easement shall commence on the day of closing and „N shall expire and be of no further force or effect on January 1, 2018, or upon the �N completion of the Intersection Improvement Project, whichever is earlier. -0 r smN 10. Owner shall not, during the term of the Temporary Construction Easement, erect aim m or construct, or allow to be erected or constructed, any building or other structures o u on the property described in Exhibit "C" which may interfere with County's full =ram m enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's ti QT. reasonable and proper use of said easement. a:5 isc t• 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 0 _ P:\WELDCNTY\C40#18\STONE\Stone REV Compromise Agreement 2-24-15.docx Page 3 of 5 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 Two Thousand Nine Hundred Thirty Five Dollars ($2,935.00) 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 -y p agreement is signed and returned on or before March 11, 2015. If the agreement is not signed and returned on or before March 11, 2015, the County shall �'� maintain its current offer of Fair Market Value of Two Thousand Two Hundred X01' Fifty Six Dollars ($2,256.00) for the Public Road Right-of-Way, the Permanent "� Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. T;COLli N� M0,1:1(1 a 3" 4. County, as a condition of the granting of Temporary Construction Easement m▪ z, covenants and agrees to restore the property described in Exhibit"C" to a level am o comparable to its original condition. a E,b▪ a Prior to construction commencing on the Project and right of way described herein, the Fam 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 o boundary of the new right of way being acquired hereunder. The Owner shall be P:\WELDCNTY\C40#18\STONE\Stone REV Compromise Agreement 2-24-I 5.docx Page 4 of 5 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 this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4097177 Pages: 4 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell IYl�1 � l i�ildFJ;j�h�'L�IYfiFJ+'�Wlh II III P:\WELDCNTY\C40#IS\STONE\Stone REV Compromise Agreement 2-24-15.docx Page5 of5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: DONALD C. STONE AND BETTIE R. STONE \O-nad /Vellt „/" - , :cc/ , -Donald C. Stone Bettie R. Stone ATTEST: ,W,471.� / r$_;oki BOARD OF COUNTY COMMISSIONERS Weld C ty er to e ar WELD COUNTY, COLORADO BY: Deputy C rk to the Board ;. 7 tlarbara Kirkmey r, C&rM2 5 2015 APPROVED AS TO FU I pcL A IAPPROVED AS TO SUBSTANCE: r1st Control er Elected1eial or Department Head APPROV AS TO FORM: — N ` Director of General Services Cou y t 4097177 Pages: 5 of 14 04/08/2015 12'.58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO •IIIM���!',Ullil'�,'a1: GhJ'iti��wi�l�:�'�,W��rh+'itiY41} 11111 P:AWEI.DCNTY\C40#18\STONE\Stone RI A /Compromise Agreement 2-24-15.doex 0204 5--- O 79 7 EXHIBIT-A NE I/4 S13-T4N-R65W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND LOCATED IN THE NE1/4 OF SECTION 13, T4N, R65W 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. 02169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E 1/4 CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS N00°17'22"W, 2641.50 FEET, THENCE N89°23'40'VV, 40.00 FEET ALONG THE SOUTH LINE OF THE NE1/4 OF SAID SECTION 13 TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 22 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING: THENCE N00°17'22"W, 1077.34 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2521409 OF THE RECORDS OF WELD COUNTY, COLORADO AND A POINT HEREINAFTER REFERRED TO AS POINT A; THENCE N89°23'23"W, 30.00 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO.2521409; THENCE S00°17'22"E, 1077.35 FEET TO THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 13; THENCE S89°23'40"E, 30.00 FEET ALONG THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 13 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 32,320 SQUARE FEET(0.742 ACRES), MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 40.00 FEET OF THE SOUTHERLY 1077.34 FEET OF SAID NORTHEAST ONE-QUARTER; SAID PARCEL CONTAINS 0.99 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. 4097177 Pages: 6 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO EDI I rAVIh4u061,",qthilC W11d17laIJlhttlPlHrLILyi, II III WELD COUNTY DEPARTMENT RIGHT OF WAY _ 1861 OF PUBLIC WORKS ACQUISITION (IW_,1 JJ WCR 49 CORRIDOR PROJECT BETWEEN WCR44&46 STONE PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO _ GO U N T T IDATE: 3-17-15 DRAWN BY:DWI SHEET: 1 of3 EXHIBIT-A NE 1/1+ 513-T4N-R65W PROPERTY DESCRIPTION RIGHT OF WAY (C0N'T) ALSO A PARCEL OF LAND LOCATED IN THE NE1/4 OF SECTION 13, T4N, R65W 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. 02169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT A, THENCE N00°17'22"W, 209.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409 AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING N00°17'22"W, 34.41 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THE S1/2 OF THE NE 1/4 OF SAID SECTION 13; THENCE N89°23'23"W, 30.00 FEET ALONG THE NORTH LINE OF THE S 1/2 OF THE NE1/4 OF SAID SECTION 13; THENCE S00°17'22"E, 34.41 FEET TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE S89°23'23"E, 30.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,032 SQUARE FEET(0.024 ACRES), MORE OR LESS TOTAL AREA =33,352 SQUARE FEET (0.766 ACRES), MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 40.00 FEET OF THE NORTHERLY 34.41 FEET OF THE SOUTH-HALF OF SAID NORTHEAST ONE-QUARTER; SAID PARCEL CONTAINS 0.03 ac.MORE OR LESS. TOTAL 1.02 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. 4097177 Pages: 7 of 14 04/08/2015 12:58 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II III X861 WELD COUNTY DEPARTMENT RIGHT OF WAY OF PUBLIC WORKS ACQUISITION RW_13 WCR 49 CORRIDOR PROJECT BETWEEN WCR44&46 STONE PROJECT NO: SRP-26 SCALE: WELD COUNTY.COLORADO I '_C O U N T Zl DATE: 3-17-15 DRAWN BY:DRII SHEET: 2 of3 EXHIBIT-A ' . ' ENSIGN US ARENS & CALATO I I I DRILLING, LLC. N89°23'23"W 30.00' I i N89°23'23"W 2579.97' SO°17'22"E 34.41' ' ' 1 30' RIGHT-OF- WAY ACQUIRED- r3^+ NO°17'22"W 34.41' 1,032 SQ.FT.± OR 0.024 AC.± , APPARENT PVREA 589°23'23"E , EASEMENT 30.00' T.P.0.B. THRUTCHLEY NO°17'22"W 209.00' i t I NE 1/4 513-T4N-R65W N89°23'23"W 30.00' ,=`s. , I P.O.C. " POINT A � I n tom CC j\ DONALD C. STONE o I 518"4�R64W & BETTIE R. STONE : " PARCEL #1055-13-0-00-018ccl `, RECEPTION #02169683 " "' N ' NOBLE ENERGY WYCO, LLC. 30' RIGHT-OF-WAY ACQUIRED .N' 32,320 SQ.FT.± OR 0.742 AC.± ' I ' N r I NOTE: THIS EXHIBIT MAP DOES �o I NOT REPRESENT A MONUMENTED 'z Unto to LAND SURVEY OR LAND SURVEY ' �� PLAT. IT IS INTENDED TO *EXISTING 40' ROW I I ,��.- ILLUSTRATE THE ATTACHED BK 1046/PG 22 I le PROPERTY DESCRIPTION ONLY. RECP#819300 „fn 6-7-1939 I oN 1 I r o N-0 P.O.C. a; E 1/4 COR. am T P 0 B S13—T4N—R65W �mAa N89°23'40"W 2612.94' � � . F°T' SE 1/4 589°23'40"E 30.00' F am :, S13-T4N-R65W a-'�a N89°23'40"W 40.00' e0a RIGHT-OF-WAY WELD COUNTY DEPARTMENT f a OF PUBLIC WORKS ACQUISITION Drexel, Barrell & Co. le@ Q RW-13 1800 38th Street Boulder, CO 80301 WCR 49 CORRIDOR PROJECT ✓ DONALD C. STONE >n¢lueere/Surveyole (303) 442-4338 BETWEEN WCR(s)44&46 " COLORADO SPRINGS (>lo) teo-oB99 4 a &BETTIE R. STONE e e ("e)Pe,-1960 PROJECT NO. SRP-26 SCALE: 1"-200' .—= c�msr (PM)m�-ode WCR 49 - - WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 3 of 3 EXHIBIT-B PROPERTY DESCRIPTION PERMANENT UTILITY EASEMENT A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN THE NE1/4 OF SECTION 13, T4N, R65W 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. 02169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E 1/4 CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NOO°17'22"W, 2641,50 FEET, THENCE N89°23'40"W, 40.00 FEET ALONG THE SOUTH LINE OF THE NE1/4 OF SAID SECTION 13 TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 22 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOD°17'22"W, 1320.75 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THE S1/2 OF THE NE 1/4 OF SAID SECTION 13; THENCE N89°23'23"W, 30.00 FEET ALONG THE NORTH LINE OF THE S 1/2 OF THE NE1/4 OF SAID SECTION 13 TO THE TRUE POINT OF BEGINNING' THENCE SOO°17'22"E, 34.41 FEET TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION N0. 2521409 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N89°23'23"W, 20.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE NOO°17'22"W, 34.41 FEET TO THE NORTH LINE OF THE S1/2 OF THE NE1/4 OF SAID SECTION 13; THENCE S89°23'23"E, 20.00 FEET ALONG THE NORTH LINE OF THE S1/2 OF THE NE1/4 OF SAID SECTION 13 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 688 SQUARE FEET (0.016 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 4097177 Pages: 9 of 14 04/08/2015 12:58 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO II III PERMANENT UTILITY WELD COUNTY DEPARTMENT EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS ACQUISITION ® 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT DONALD C. STONE EuYlaeere/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46 COLORADO SPRINGS (910)260-0889 &BETTIE R. STONE 1°Ra"NRM^°" "''°)23569W56° PROJECT NO. SRP-26 SCALE: N/A WCR 49 cRAur (vro)°61—Gwa WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 1 oft EXHIBIT-B • N89°23'23"W 30.00 I ; i ENSIGN US ARENS & CALATO T P o B I I I DRILLING, LLC. S89°23'23"E 20.00' I I SO°17'22"E 34.41' N89°23'23"W 2579.97' NO°17'22"W 34.41' 1 20' PERMANENT UTILITY- 'EASEMENT FOR PVREA ACQUIRED 0' EASEMENT INN_APPARENT PVREA N89°23 688 SQ.FT.± OR 0.016 AC.± 20.0 0' I THRUTCHLEY : I I NE 1/4 I II S13-T4N-R65W 1 I 1 iii DONALD C. STONE I • I NW /4 S18-T4N-R64W 1 & BETTIE R. STONE I I PARCEL #1055-13-0-00-018 InI.; I RECEPTION #02169683 IN 1 1 N ss 3 NOBLE ENERGY •N1• I WYCO, LLC. ati- 1^,t0 1 N z 3 NOTE: THIS EXHIBIT MAP DOES I° N NOT REPRESENT A MONUMENTED I I^ LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED I 'o 'z PROPERTY DESCRIPTION ONLY. i i , *EXISTING 40' ROW 1 BK CP# 3 22 R � 819300 ECP# 6-7-1939 ' ' P.O.C. E 1/4 COR. S13-T4N-R65W W ... N89°23'40"W 2612.94' _ SE 1/4 513-T4N-R65 W N89°23'40"W 40.00' • n PERMANENT UTILITY WELD COUNTY DEPARTMENT EASEMENT Drexel Barrell & Co. OF PUBLIC WORKS ACQUISITION PE 13 1800 38th ,Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Eng DONALD C. STONE 1"eere/surveyors (303) 442-4338 BETWEEN WCR(s)44&46 .-43, COLORADO SPRINGS (711)280-0881 & BETTIE R. STONE :Low Bnrnoe (am)181-10 PROJECT NO. SRP-26 SCALE: 1"=200' I®EY (e1G)86-0616 WCR 49 WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 2 of 2 4097177 Pages: 10 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III !llIrld:!Iril'+ilih tricaiON.1M1ZMYIy HILL EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN THE NE1/4 OF SECTION 13, T4N, R65W 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. 02169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E 1/4 CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NOO°17'22"W, 2641.50 FEET, THENCE N89°23'40"W, 40.00 FEET ALONG THE SOUTH LINE OF THE NE1/4 OF SAID SECTION 13 TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 22 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°17'22"W, 1077.34 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2521409 OF THE RECORDS OF WELD COUNTY, COLORADO AND A POINT HEREINAFTER REFERRED TO AS POINT A; THENCE N89°23'23"W, 30.00 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409 TO THE TRUE POINT OF BEGINNING. THENCE SOO°17'22"E, 1077.35 FEET TO THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 13; THENCE N89°23'40"W, 20.00 FEET ALONG THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 13; THENCE NOO°17'22"W, 1077.35 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE 589°23'23"E, 20.00 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409 TO THE TRUE POINT OF BEGINNING' SAID PARCEL CONTAINS 21,547 SQUARE FEET (0.495 ACRES), MORE OR LESS. 4097177 Pages: 11 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO POULTIMIIIIIIIiiib CONTINUES ON SHEET 2 OF 3 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS TE-13 1800 38th Street Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46 DONALD C. STONE _- -- COLORADO MRCS Cm) °°87 & BETTIE R. STONE Glum NPLTos OM)znv-lss° PROJECT NO. SRP-26 SCALE: N/A WCR 49 °ter ono)sin- WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 1 of 3 EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT (CON'T) ALSO A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN THE NE1/4 OF SECTION 13, T4N, R65W 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. 02169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT A, THENCE NOO°17'22"W, 209.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE CONTINUING NOO°17'22"W 34.41 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THE 51/2 OF THE NE 1/4 OF SAID SECTION 13; THENCE N89°23'23"W, 30.00 FEET ALONG THE NORTH LINE OF THE S 1/2 OF THE NE1/4 OF SAID SECTION 13 TO THE TRUF POINT OF BEGINNING' THENCE SOO°17'22"E, 34.41 FEET TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE N89°23'23"W, 20.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE NOO°17'22"W, 34.41 FEET TO THE NORTH LINE OF THE S1/2 OF THE NE1/4 OF SAID SECTION 13; THENCE S89°23'23"E, 20.00 FEET ALONG THE NORTH LINE OF THE S1/2 OF THE NE1/4 OF SAID SECTION 13 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 688 SQUARE FEET (0.016 ACRES), MORE OR LESS TOTAL AREA = 22,235 SQUARE FEET (0.511 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 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE 13 Drexel, Darrell & Co. OF PUBLIC WORKS 1800 38th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engh DONALD C. STONE °eere/surveyors (303) 442-4330 BETWEEN WCR(s)44&46 COLORADO SPRINGS (719)no-ow &BETTIE R. STONE " mum menu (ere)267-Is50 PROJECT NO. SRP-26 SCALE: N/A WCR 49 Mir (970)931-0645 WELD COUNTY,COLORADO DATE: 1014-14 DRAWN BY: TLT SHEET: 2 of 3 4097177 Pages: 12 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III M! AT I1;1N MMer,COlii ihli NI:t i:Q'ciyi, "Ill EXHIBIT-C N89°23'23"W 30.00' I : i ENSIGN US ARENS & CALATO T.P.O.B. I I I DRILLING, LLC. 589°23'23"E 20.00' . 1 SO°17'22"E 34.41' N89°23'23"W 2579.97' No°17'22"W 34.41' 1 20' TEMPORARY NO°37'22"w 34.41' EASEMENT ACQUIRED APPARENT PVREA N89°23'23"W I I EASEMENT 688 SQ.FT.± OR 0.016 AC.± 20.00' NO.17122"W 203.00' THRUTCHLEY I I I T.P.O.B1/4 I ES NE /R65W 14 589°23'23"E 20.00' !' 'i-_4 513-N x P.O.C. PI. ' I I POINT A N89°23'23"W 30.00'-/ I P. I 1 1 u' NW DONALD C. STONE S18 T4NlR64W & BETTIE R. STONE ro N ` r` 1 1 o s_rte PARCEL #1055-13-0-00-018 NI ; RECEPTION #02169683 N r, W • o ' NI3 a I NOBLE ENERGY Z �ic - . WYCO, LLC. oOr NI't N L\.N 20' TEMPORARY Iz 3I EASEMENT ACQUIRED I IiCN._ 21,547 SQ.FT.± OR 0.495 AC.± t I •3-I 1 I *EXISTING 40' ROW 1 g BK 1046/PG 22 NOTE: THIS EXHIBIT MAP DOES RECP#819300 NOT REPRESENT A MONUMENTED 6-7-1939 LAND SURVEY OR LAND SURVEY I I I PLAT. IT IS INTENDED TO ' 'etT4NR65W rC. ILLUSTRATE THE ATTACHED 4 COR. PROPERTY DESCRIPTION ONLY. N89°23'40"W 2612.94'SE1/4 N89°23'40"W 20.00513-T4N-R65W N89°23'40"W 40.00' TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-13 Drexel, Barrell & CO. OF PUBLIC WORKS 1800 38th street. Boulder. Co 80301 WCR 49 CORRIDOR PROJECT DONALD C. STONE Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46 COLORADO SPRINGS (713)Eeo-0887 & BETTIE R. STONE olss, :RA "NM""NM""N (em)267-1880 PROJECT NO. SRP-26 SCALE: 1"=200' WCR 49 crmir (vn)eel-3313 WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 3 of 3 4097177 Pages: 13 of 14 04/08/2015 12:58 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, C0 ■IIIkir1!!'lIllililiiiiiiwriNiVilYillNWIf7R1''}Itii, III III EXHIBIT"D" POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that I ® Donald C. Stone and Bettie R. Stone [PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)] is (are) the Owner(s)of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado corporation, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the undersigned: A UTILITY EASEMENT 20 FEET WIDE. 10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER# ® Reception No. County WeldTownship 4 N, Range 65 W, Section 13 Book , Pages for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or system, including, but not limited to,poles, towers, fixtures, conductors,guy wires,cables,conduits,vaults,transformers,pads,and enclosures,on,over or under the above-described lands; A. And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and shrubbery located within 1$ 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 1$ 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) 0 (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: (Signau IrouDRL VAJ uy RLA 4097177 Pages: 14 of 14 rouox2r2550 04/08/2015 12:58 PM R Fee:$0.00 rORT COLLINS.Caw!SD Document' Carly Koppes. Clerk and Recorder., Weld County.. CO ■IIIr1igIkihii!IrCili!I 1,1,14iYM147113,1)I ■1111 MEMORANDUM ti4 iOt TO: Clerk to the Board DATE: November 12,2015 Irk 6 firiallw FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Doc#2015-0797 RECEIVED Warranty Deed with Donald C.and Bettie R. Stone tel 13 2015 WELD COUNTY COMMISSIONERS M:Wrancie AGENDA memos\Agenda-Loon-2 doc ee; pid(L,,ci -rjPt) ll-/ff-/5 it- it- / 12YI 7 i5-Q Ci 6-e7(707( ... WARRANTY DEED THIS DEED made this /PTA day of 20/6:between Donald C. Stone and Bettie R. Stone 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 21735 Weld County Road 49, 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. 4162726 Pages: 1 of 6 12/03/2015 01:10 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ����Fl.rr lid 11111 c'S D 79 7 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above.()Ma DONALD C. ST , Owner BE TIE R. STONE, Owner State of C-0 t c Itt i D ) )ss. County of kJ eit) ) The foregoing instrument was acknowledged before me this i 2 day of dJoue,wb.c,r-, 20 (6, by Donald C. Stone and Bettie R. Stone, Owners. I[ Witness my hand and official seal. LEON W.SIEVERS NOTARY PUBUC STATE%COLORADO MYC01M8 10PS AMIM E 2017 --e—el ,% /rV� otary Public My commission expires: 65-d 6 -1 7 4162726 Pages: 2 of 6 12/03/2015 01:10 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Kira:VI IIIIII14111.1114 MAI INVI:14Ailik 11111 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). Dated this j0 r' day of Arx.4/21,4 2015. ATTEST: diriteti G: •-io:A. 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 BY: a l /l 4Z-11.01 BY: Deputy Clerk to the Boar. � ' � arbara Kirkm er, Ch r j t ' BOARD OF COUNTYN0V 1 $ 2015 I ;a� COMMISSIONER t; ',"" 1 m"� OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing i strument was acknowledged before me this 0 -/P day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary P lic CHERYL LYNN HOFFMAN My commission expires: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4162726 Pages: 3 of 6 12/03/2015 01:10 PM R Fee:$0.00 D Fee:$0.00 O/�� 00'W Carly Koppes, Clerk and Recorder, Weld County: CO VIII FAUN:I411CL '4NA!iGl+ "U 11.I SIAIA 1I II 1 EXHIBIT-A NE 1/4 S13-T4N-R65W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND LOCATED IN S1/2 OF THE NE1/4 OF SECTION 13, T4N, R65W 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. 2169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E 1/4 CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS N00°17'22"W, 2641.50 FEET, THENCE N89°23'40'W, 40.00 FEET ALONG THE SOUTH LINE OF THE NE1/4 OF SAID SECTION 13 TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 22 OF THE RECORDS OF WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING: THENCE N00°17'22"W, 1077.34 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2521409 OF THE RECORDS OF WELD COUNTY, COLORADO AND A POINT HEREINAFTER REFERRED TO AS POINT A; THENCE N89°23'23'W, 30.00 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO.2521409; THENCE S00°17'22"E, 1077.35 FEET TO THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 13; THENCE S89°23'40"E,30.00 FEET ALONG THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 13 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 32,320 SQUARE FEET(0.742 ACRES), MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 40.00 FEET OF THE SOUTH-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13; SAID PARCEL CONTAINS 1.21 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. 4162726 Pages: 4 of 6 12/03/2015 01:10 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III r.rilViIU I:I ';Iihb IM MO Ii iI Hi RIGHT OF WAY r� WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION RW-13 r. WCR 49 CORRIDOR PROJECT i BETWEEN WCR 44&46 STONE / '� t PROJECT N0: SRP 26 SCALE: WELD COUNTY,COLORADO , C O U wry Y DATE: 3-24-15 DRAWN BY:DRH SHEET: 1 of 3 EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY (CON'T) ALSO A PARCEL OF LAND LOCATED IN THE NE1/4 OF SECTION 13, T4N, R65W 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. 02169683 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT A, THENCE NOO°17'22"W, 209.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409 AND THE "RUE POINT OF BEGINNING; THENCE CONTINUING NOO°17'22"W, 34.41 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF THE S1/2 OF THE NE 1/4 OF SAID SECTION 13; THENCE N89°23'23"W, 30.00 FEET ALONG THE NORTH LINE OF THE S 1/2 OF THE NE1/4 OF SAID SECTION 13; THENCE S00°17'22"E, 34.41 FEET TO THE NORTH UNE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 2521409; THENCE S89°23'23"E, 30.00 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED UNDER SAID RECEPTION NO. 25214O9 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,032 SQUARE FEET (0.024 ACRES), MORE OR LESS TOTAL AREA = 33,352 SQUARE FEET (0.766 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 3O3-442-4338 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION Rw-13 Drexel, Harrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT DONALD C. STONE �1°°n "/Survey° (303) 442-4938 BETWEEN WCR(s)44&46 COLORADO 2PRa0Oe MB)210-ON7 &BETTIE R. STONE "Ale"R"MIMI OM;Rs7-11" PROJECT NO. SRP-26 SCALE: N/A WCR 49 G (W0)eews l WELD COUNTY,COLORADO DATE:10-09-14 DRAWN BY: TLT SHEET: 2 of 3 4162726 Pages: 5 of 6 12/03/2015 01:10 PM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County CO EXHIBIT-A 1 • 1 1 ; 1 ENSIGN US ARENS & CALATO ° I I DRILLING, LLC. N89 23 23 W 30.00' / i N89°23'23"W 2579.97' SO°17'22"E 34.41' I , I 30' RIGHT-OF- WAY ACQUIRED- k °17'22"w 34.41' 1,032 SQ.FT.± OR 0.024 AC.± 1 APPARENT PVREA S89°23'23"E 1 EASEMENT 30.00' T.P.O.B. THRUTCHLEY : NO°17'22"W 209.00' / NE 1/4 513-T4N-R65W N89°23'23"W 30.00' I P.O.G. I POINT A qq� l 0 1inIDONALD C. STONE o _ I518"4NlR6aw & BETTIE R. STONE WNhPARCEL #1055-13-0-00-018 - 1 I0 „ N�RECEPTION #02169683 I z II NOBLE ENERGY / WYCO, LLC. 30' RIGHT-OF-WAY ACQUIRED vt 32,320 SQ.FT.± OR 0.742 AC.± ,3I NI N h.1 NOTE THIS EXHIBIT MAP DOES o NOT REPRESENT A M0NUMENTED iZ LAID SURVEY OR LAND SURVEY PLAT. R IS INTENDED TO *EXISTING 40'ROW LLUSTRATE THE ATTACHED BK 1046/PG zz PROPERTY DESCRIPTION ONLY. RECP#819300 I 6-7-1939 s I I P.O.C. E 1/4 C0R. T.P.O.B. � S13-T4N-R65W N89°23'40"W 2612.94' $, le r SE 1/4 S89°23'40"E 30.00' 513-T4N R65W N89°23'40"W 40.00' S RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION Drexel, Harrell & Co. OF PUBLIC WORKS 0112) 1800 36th street, Boulder, Co 80901 WCR 49 CORRIDOR PROJECT Engineers/Surveyors DONALD C. STONE (303) 442-4338BETWEEN WCR(s)44&46 CUOMO was (7 19)1I0-0067 &BETTIE R. STONE (910)257-050(�j - PROJECT NO. SRP-26 SCALE: 1"=200' WCR 49 WELD COUNTY,COLORADO DATE:I0-14-14,DRAWN BY: TLT(SHEET: 3 of 3 4162726 Pages: 6 of 6 12/03/2015 01:10 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 reirini Jr VICIAtiltialiti4 R 1114 Rilid ri krh 11111 Hello