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Home My WebLink About20153268.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 PRO-TEM TO SIGN NECESSARY DOCUMENTS - TOD MOORE 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 Tod Moore, 11208 CR 49, Hudson, Colorado 80642, 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 Tod Moore, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tern be, and hereby is, authorized to sign any necessary documents. 2015-3268 CC,:?(A) 4.5/7-J ire.) lab EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 -TOD MOORE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAtiv ,i.•j EXCUSED �C Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem I'e uty Clerk to the Board' IE1��A — can P. Conway APPROVED AS TO FORM: t ::I��'�•4O) 361 a A. Cozad r l County Attorney \! 1 ..,,,,M„ ✓ Steve Moreno >%Date of signature: 2015-3268 EO0072 MEMORANDUM TO: Clerk to the Board DATE: October 8, 2015 GOUNTY FROM: Leon Sievers/Tiffane Johnson 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 Tod Moore. RECEIVED OCT 08 2015 WELD COUNTY COMMISSIONERS M:\Francie'AGENDA memos\Agenda-Leon-I.doc 2015-3268 ECDO7a 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 TOD MOORE AND WELD COUNTY, COLORADO rg THIS AGREEMENT is made this ,/ day of , 2015, by and between Tod Moore, whose address is 11208 Weld County Roa 49, Hudson, CO 80642 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 a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("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 Seventeen Thousand Two Hundred Seventy Dollars, ($17,270.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable 4150547 Pages: 1 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III�' LP!'�l�I.IL�itti 'w l EI.I L'I t'i'I'iG�I W I'h II II Page 2 of 5 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 Twenty Dollars, ($2,920.00). 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 Two Dollars, ($1,752.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before October 7, 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 a Permanent Easement to the County, in the form attached here to as Exhibit "D" free and clear of all liens, encumbrances or other possessory claims, 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 easements. 9. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January 1, 2018, or upon the completion of the Corridor Improvement Project, whichever is earlier. Trt V10. 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 m 3- on the property described in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement LL o includes all rights and privileges as are necessary or incidental to County's Nre reasonable and proper use of said easement. �a o N ms 11. Owner shall retain the mineral estate under the Public Road Right-of-Way and the Temporary Construction Easement, and shall also retain any water rights m�3 ..- yr N o '.1 m T M:\Leon\WCR 49 corridor\CR 24-26(RW 16-21)\MOORS\Final Agreement.docx Page 3 of 5 currently attached to or associated with the Public Right-of-Way and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County 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, 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. 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 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 Twenty Eight Thousand Five Hundred Twenty Five Dollars ($28,525.00) to the Owner for the Public Road Right-of-Way, Permanent Easement and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before October 7, 2015. If the agreement is not signed and returned on or before October 7, 2015 the County shall maintain its current offer of Fair Market Value of Twenty One Thousand Nine Hundred Forty Two Dollars ($21,942.00) for the Public Road Right-of-Way, Permanent Easement and the Temporary Construction Easement a by County warrant(s) at the date of closing. U 4. County, as a condition of the granting of Temporary Construction Easement o covenants and agrees to restore the property described in Exhibit"C" to a level comparable to its original. m w m- - 3 5. Prior to construction commencing on the Project and right of way described o v�� herein, the County shall construct a temporary fence line along the outside M __ boundary of the temporary construction easement. At the conclusion of a construction, the County will install a new permanent right of way fence along the G '� boundary of the new right of way being acquired hereunder. The Owner shall be s • subsequent responsible for the maintenance of said fence. No Z P m v if) er'No 141>, 1771.7?. M:\Leon\WCR 49 corridor\CR 24-26(RW 16-21)\MOORE\Final Agreement.docx Page 4 of 5 6. The existing electrical pedestal located approximately 400 feet north of the south property line shall be relocated to a location agreeable to the property owner, United Power and the County. County shall pay costs associated with the relocation of said pedestal and associated buried electrical cable. 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 No undersignedparties that any entity other than the undersignedparties receiving .�, g � 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. M • �, 7. This transaction shall be governed by and constructed in accordance with the laws o v o of the State of Colorado. � N Wal2 mm m amd=.: N ci m IM in N_ trNo ni v~2 M:\Leon\WCR 49 corridor\CR 24-26(RW 16-21)\MOORE\FInal Agreement.docx Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: TOD MOORE Date: / 7J� ATTEST: Wj, ,) BOARD OF COUNTY COMMISSIONERS Weld unty Clerk to th Board WELD COUNTY, COLORADO BY: Deputy erk to the ar Mike Freeman, Pro-Tem .Z OCT 1 2 2015 APPROVED AS TO FU411 APPROVED UBSTANCE: Controller `w%r El icial or Department Head APPROVED AS TO FORM: ,1jii edtk-sa--<_ Director of General Services County Attorney M:\Leon\WCR 49 corridor\CR 24-26(RW 16-21)\MOORE\Final Agreement.docx 4150547 Pages: 5 of 13 0(% Llak 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII 14!r.dE'MillielNi.«iiPr'iihr�lf�ff liii II W. "Ill EXHIBIT-A j8-MOORE-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot A, Recorded Exemption No. 1305-6-3—RE-3048, recorded December 14, 2001 as Reception No. 2909286 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebar with a 3 14" diameter aluminum cap stamped 'LS13155, 1999" at the South end and by a #6 rebor with a 2" diameter aluminum cop stomped 't.S25937, 2001" at the North end, as bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 88'34'36' East along the South line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 40.01 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 00'30'12' West along said East Right—of—way line a distance of 66.68 feet to the Southwest comer of said Lot A, said point being the POINT OF BEGINNING; THENCE continuing North 00'30'12" West along said East Right—of—way line a distance of 1253.51 feet to the Northwest corner of said Lot A; THENCE North 88.39'43' East along the Northerly line of said Lot A a distance of 60.01 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 1.06 feet to a Point of Tangency (PT), said point being Sixty (60) feet, as measured of a right angle, East of said East Right—of—way line, said curve having a radius of 15770.00 feet, a central angle of 00'00'14" and a long chord bearing South 00'30'19" East a distance of 1.06 feet; THENCE South 00'30'12' East along a line being Sixty (60) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 517.15 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 532.69 feet, said curve having a radius of 15770.00 feet, a central angle of 01'56'07" and a long chord bearing South 00'27'52" West a distance of 532.67 feet; THENCE South 88'34'05" East, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 153.00 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 0033'19 and a long chord bearing South 01'42'35" West a distance of 153.00 feet; THENCE South 01'59'14" West a distance of 6.67 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 44.27 feet to the Southerly line of said Lot A, said curve having a radius of 15610.00 feet, a central angle of 00'09'45" and a long chord bearing South 01.54'21" West a distance of 44.27 feet; The following Two (2) courses and distances are along the Southerly lines of said Lot A: THENCE South 73.31'58" West a distance of 11.97 feet; THENCE North 85'52'35' West a distance of 51.60 feet to the POINT OF BEGINNING. Said parcel of land contains 75,226 sq. ft. or 1.727 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing or said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the Southwest Quarter (SW1/4) of said Section 6 lying Northerly of the Westerly extension of the Southerly line of said Lot A and lying Southerly of the Westerly extension of the Northerly line of said Lot A. Said existing Right—of—way contains 50,064 sq. ft. or 1.149 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. Ip0 / 1 �� • • • • yi ,ltd 38105 v` ° i Michael Chap�'�� `��` =ehalf Of King Surveyors Colorado License• 'ro essional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION ia OF PUBLIC WORKS Q RW-18 �,\� ►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 650 E.Garden Drive l \�mdu,r,Colorado 8655» WELD COUNTY.COLORADO phone(o-n)6x65(111 p info@ jngsurveyor DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 oft 4150547 Pages: 6 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII Per1EMUM W IWI M!irit F:6 O,tl"j'ilki lI II i EXHIBIT-A NOTICE W 1/4 CORNER $6—T2N—R64W FOUND #6 REBAR WITH According to Colorado law you must commence 2' ALUMINUM CAP STAMPED any legal action based upon any defect in this LS 25937 2001 IN MON. BOX survey within three years after you first discover such defect. In no event may any action based upon any defect In this survey be commenced I L3 - more than ten years from the date of the S 1/16TH CORNER -�I certification shown hereon. (13-80-105 C.R.S. $6-T2N-R64W I 1 I 2012) S1—T2N—R65W C1 FOUND #6 REBAR WITH 60'INGRESS AND 2.5" ALUMINUM CAP EGRESS EASEMENT NOTE: This exhibit drawing is not intended to STAMPED LS 23027 2001 I (REC. NOs. 1627199, be a monumentolized land survey. It's sole I 1821893&2831061) purpose is as a graphic representation to a'd in the visualization of the written property (--/-)' description which it accompanies. The written 6 (..D property description supersedes the exhibit z In drawing. N I W lC) CO N W N O N LINE TABLE "' -05 oQ z m o LINE BEARING LENGTH I fn ''. : L1 N8834'36"E 40.01' I 3'ELECTRIC �nRAL I _ POWER COMPANY L2 NO0'30'1 2"W 66.68' (BOOK 1249 PAGE 241) R - L3 N88'39'43"E 60.01' in 40'EXISTING RIGHT—OF—WAY I (BOOK 104,5 PAGE 9) L4 S88'34'05"E 20.00' I csi L5 SO1'59'14"W 6.67' ADDITIONAL RIGHT—OF—WAY SE 1/4 N 75,226s.f.± OR 1.727ac.± L6 S73'31'58"W 11.97' SI-T2N-R65W I r) SW 1/4 L7 N85'52'35"W 51.60' DECHANTJR o No S6-T2N-R64W z TOD MOORE LOT A RE NO 1305-o-3-RE-3048 CURVE TABLE WOODMEN OF THE CURVE LENGTH RADIUS DELTA CHORD CH BEARING -L4 WORLD Cl 1.06' 15770.00' 0'00'14' 1.06' SOO-30'19"E .Ll LOT B RE NO ®1 1305-6-3-RE-3O48 C2 532.69' 15770.00' 1'56'07" 532.67' SO0'27'52"W 100'INGRESS&EGRESS EASEMENT C3 153.00' 15790.00' 0'33'19' 153.00' S01'42'35"WD., ro I FOR bE's AND, LIVESTOCK —BICYCLES AND PEDESTRIAN TRAFFIC U (REC NO. 1617995) C4 44.27' 15610.00' 0'09'45" 44.27' SO1'54'21"W L5 \ I c - 30'ACCESS EASEMENT FOR THE BENEFIT OF LOT A, RE-3048 (REC NO. 2909286) -POINT OF BEGINNING l J 7 Li_. ...1i- _ . -.. - - - - - N':"--L1 SW CORNER S6-T2N-R64W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 13155 1999 IN MON. BOX I POINT OF COMMENCEMENT RIGHT OF WAY .A., WELD COUNTY DEPARTMENT ACQUISITION 4� .� OF PUBLIC WORKS Rw-1B till hi' 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE KING SL K\"GYORS PROJECT NO: SRP-26 SCALE: 1"=200' WCR 49 150 E(nrd,n Dme I ' ,ndsor,Colorado S0i3u WELD COUNTY.COLORADO phone:(970)686SOl l I email info@K ingSonryors.a,n, DATE: 4-10-15 DRAWN BY CDL SHEET: 2 of 2 4150547 Pages: 7 of 13 10/15/2015 0200 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO VIII II11FJ i Iliii<<OlelikIiFl.9kl!?F:'ililili,ki !bill Ill III EXHIBIT-B 18—MOORE—PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Lot A, Recorded Exemption No. 1305-6-3—RE-3048, recorded December 14, 2001 as Reception No. 2909286 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebar with a 3 %' diameter aluminum cap stamped 'LS13155, 1999" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped 'L525937, 2001" at the North end, as bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 88'34'36 East along the South line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 40.01 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 6; THENCE North 00'30'12" West along said East Right—of—way line a distance of 1320.19 feet to the Northwest corner of said Lot A; THENCE North 88'39'43' East along the Northerly line of said Lot A a distance of 60.01 feet to the POINT OF BEGINNING; THENCE continuing North 88'39'43 East along the Northerly line of said Lot A a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 1.35 feet to a Point of Tangency (PT), said point being Eighty (80) feet, as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15790.00 feet, a central angle of 00'00'18" and a long chord bearing South 00'30'21" East a distance of 1.35 feet; THENCE South 00'30'12" East along a line being Eighty (80) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 517.15 feet to a Point of Curvature (PC); THENCE along the arc of o curve which is concave to the West a distance of 513.37 feet. said curve having a radius of 15790.00 feet. a central angle of 01'51'46" and o long chord bearing South 00'25'41" West a distance of 513.34 feet; THENCE South 88'34'05' East, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 173.19 feet to a Point of Tangency (PT), said curve having a radius of 15810.00 feet, a central angle of 0037'40" and a long chord bearing South 01'40'24" West a distance of 173.19 feet; THENCE South 01'59'14" West a distance of 6.67 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 37.60 feet to the Southerly line of said Lot A, said curve having a radius of 15590.00 feet, a central angle of 00'08'18" and a long chord bearing South 01'55'05" West a distance of 37.60 feet; THENCE South 73'31'58" West along the Southerly line of said Lot A a distance of 21.07 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 44.27 feet to a Point of Tangency (PT). said curve having a radius of 15610.00 feet. a central angle of 00'09'45" and a long chord bearing North 01'54'21" East a distance of 44.27 feet; THENCE North 01'59'14 East a distance of 6.67 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 153.00 feet, said curve having a radius of 15790.00 feet, a central angle of 00'33'19" and a long chord bearing North 01'42'35" East a distance of 153.00 feet; THENCE North 88'34'05" West, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 532.69 feet to a Point of Tangency (PT), said point being Sixty (60) feet, as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15770.00 feet, a central angle of 01'56'07" and a long chord bearing North 0027'52" East a distance of 532.67 feet; THENCE North 00'30'12" West along a line being Sixty (60) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 517.15 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 1.06 feet to the POINT OF BEGINNING, said curve having a radius of 15770.00 feet, a central angle of 00'00'14- and a long chord bearing North 00'30'19" West a distance of 1.06 feet; Said strip of land contains 25,442 sq. ft. or 0.584 acre, more or less (±), and may be subject to any rights—of—way or other easements of reco • or as now existing on said described strip of land. �hf t" • 38106 ›.0 > , Mic ehalf Of King Surveyors Color.►yIiar e r. sional Land Surveyor #38106 WELD COUNTY DEPARTMENT PERMANENT EASEMENT .A.. ACQUISITION 19.4#►�� .4� OF PUBLIC WORKS EE-l8 ) \� . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 GSU I. Garden Dncc I U ind>nr,Colorado 80550 WELD COUNTY.C01 C)RAI)O ph„nc.;!97u)ts(,-iI'u I ""'I'n'fr'@*mg8"ne)' .c,' DATE: 4-10-15 DRAWN BY: CDL SHEET: 1 oft 4150547 Pages: 8 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT-B NOTICE W 1/4 CORNER $6-72N—R64W FOUND #6 REBAR WITH According to Colorado low you must commence 2- ALUMINUM CAP STAMPED any legal action based upon any defect in this LS 25937 2001 IN MON. BOX survey within three years after you first discover ' such defect. In no event may any action based I upon any defect in this survey be commenced C8'� more than ten years from the date of the S 1/16TH CORNER certification shown hereon. (13-80-105 C.R.S. $6-72N-R64W I L2 2012) S1-T2N-R65W 1 60'INGR£5S AND FOUND ¢6 REBAR WITH I -L3 EGRESS EASEMENT 2.5' ALUMINUM CAP STAMPED LS 23027 2001 I (REC. NOs. 1627199,_ NOTE: This exhibit drowing I 1821893&2834061) is not Intended to be a - '� I monumentalized land u) to survey It's sole u ose p ' z I Is asya graphic p LINE TABLE _ r1 In representation to aid In co N < I r the visualization of the w Fl N` written property description LINE BEARING LENGTH Li • I which it accompanies. The written property Ll N88'34'36"E 40.01' N O I I 3 description supersedes the CV N exhibit drawing. b N L2 N88'39'43"E 60.01' 'M Q o o - L3 N88'39'43"E 20.00' z-i I o 0 z L4 S88'34'05"E 20.00' N 3'ELECTRIC EASEMENT - �I TO COLORADO CENTRAL L5 SO1'59'14"W 6.67' POM£R COMPANY i (BOOK 1249 PAGE 241) g L6 S73'31'58"W 21.07' I o 1 EN 20' PERMANENT EASEMENT L7 N01'59'14"E 6.67' i ^ — F25,442s.f.± OR 0.584ac.± L8 N88'34'05"W 20.00' a i 40'EXISANG RIGHT-OF-WAY I�o r (BOOK 1046 PAGE 9) CURVE TABLE I • oI SW 1/4 i zI N. v $6-T2N-R64W I CURVE LENGTH RADIUS DELTA CHORD CH BEARING C1 1.35' 15790.00' 0'00'18- 1.35' SO0'30'21-E I I TOD MOORE C2 513.37' 15790.00' 1'51'46" 513.34' SOO'25'41"W I • LOT A RE NO 1305-6-3-RE-304s C3 173.19' 15810.00' 0'37'40" 173.19' SO1'40'24-W I I WOODMEN C4 37.60' 15590.00' O'0B'18' 37.60' S01 55'OS'W I OF THE • C5 44.27' 15610.00' 0'09'45' 44.27' NO1'54'21"E I _ I �L4 WORLD LOTBRENO C6 153.00' 15790.00' 033'19- 153.00' NO1'42'35-E I 1305-6.3-RE-3045 IC7ir 532.69' 15770.00' 156'07' 532.67' N0027'52'E %' 100'INGRESS&EGRESS EASEMENT C8 1.06' 15770.00' 0'00'14' 1.06' NO030'19"W I IL8-J Ih FOR t•EHI YED ME-STOCK, 0 -BICYCLE'S AND PEDESTRIAN TRAFf1C V (REG NO. 1617995) L5 SE 1/4 51-T2N-R65W I L7 \ / POINT OF u) -4'/ JO'ACCESS EASEMENT BEGINNING DECHANT JR. iJ FOR THE BENEFIT OF 0-1 _ 6 LOT A, RE-3048 - - - - (REC. NO. 2909286) - - -- SW CORNER $6-T2N-R64W FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 13155 1999 IN MON. BOX , - I POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT PERMANENT EASEMENT .A._ ACQUISITION 1al e, OF PUBLIC WORKS PE 18 \� .i. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE KING SURVEYORS PROJECT NO: SRP-26 SCALE 1"=200' \VCR 49 65o E:Garden Do,, I Woldsnr,Colorado H(1550 WELD COUNTY.COLORADO phone, 9711)686-50I I I Mail:ineu@KIngSurveyomcom DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 oft 4150547 Pages: 9 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO lIII IIGIYI«i1'rjLICNIW EIMit iiiiiiii Ill III EXHIBIT-C 18-MOORE-TE. PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Lot A, Recorded Exemption No. 1305-6-3—RE-3048, recorded December 14, 2001 as Reception No. 2909286 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebor with a 3 14 diameter aluminum cap stomped 'LS13155, 1999 at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped '_525937, 2001 at the North end, os bearing North 0030'12" West, being o Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 88'34'36" East along the South line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 40.01 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of sold Section 6; THENCE North 00'30'12' West along said East Right—of—way line o distance of 1320.19 feet to the Northwest corner of said Lot A; THENCE North 88'39'43 East along the Northerly line of said Lot A a distance of 60.01 feet to the POINT OF BEGINNING; THENCE continuing North 88'39'43 East along the Northerly line of said Lot A a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 1.35 feet to a Point of Tangency (PT), said point being Eighty (80) feet, as measured at o right angle, East of sold East Right—of—way line, said curve having a radius of 15790.00 feet, a central angle of 00'00'18 and a long chord bearing South 00'30'21 East a distance of 1.35 feet; THENCE South 00'30'12" East along a line being Eighty (80) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 517.15 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 513.37 feet, said curve having a radius of 15790.00 feet, a central angle of 01'51'46 and a long chord bearing South 0025'41 West a distance of 513.34 feet; THENCE South 88'34'05' East, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 173.19 feet to a Point of Tangency (PT), said curve having a radius of 15810.00 feet, a central angle of 00'37'40 and a long chord bearing South 01'40'24' West a distance of 173.19 feet; THENCE South 01'59'14' West a distance of 6.67 feet to o Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 37.60 feet to the Southerly line of said Lot A, said curve having a radius of 15590.00 feet, a central angle of 00'08'18 and a long chord bearing South 01'55'05 West a distance of 37.60 feet; THENCE South 73'31'58 West along the Southerly line of said Lot A a distance of 21.07 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 44.27 feet to a Point of Tangency (PT), said curve having a radius of 15610.00 feet, a central angle of 00'09'45' and a long chord bearing North 01'54'21" East a distance of 44.27 feet; THENCE North 01'59'14' East a distance of 6.67 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 153.00 feet, said curve having a radius of 15790.00 feet, a central angle of 00'33'19 and a long chord bearing North 01'42'35 East a distance of 153.00 feet; THENCE North 88'34'05 West, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 532.69 feet to a Point of Tangency (PT). said point being Sixty (60) feet. as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15770.00 feet, a central angle of 01'56'07 and o long chord bearing North 00'27'52 East a distance of 532.67 feet; THENCE North 00'30'12 West along a line being Sixty (60) feet, as measured at a right angle, East of and parallel with sold East Right—of—way line a distance of 517.15 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 1.06 feet to the POINT OF BEGINNING, said curve having a radius of 15770.00 feet, a central angle of 00'00'14 and a long chord bearing North 00'30'19 West a distance of 1.06 feet; Said strip of land contains 25,442 sq. ft. or 0.584 acre, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. p0 LIC \,1' 38106 yo , °•,4 74.7-191 -'�% L Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 1e �♦ OF PUBLIC WORKS TE-18 \�►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE KING SURVEYORS PROJECT NO. SRP-26 SCALE. N/A WCR 49 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY.COLORADO pi,,,,,'(p°)656-sal i l r l,nfo@}un,Ounnroe u n' DATE: 4-10-15 DRAWN BY CDL SHEET. 1 of 2 4150547 Pages: 10 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County; CO 4 • EXHIBIT-C NOTICE W 1/4 CORNER S6—T2N—R64W FOUND #6 REBAR WITH According to Colorado law you must commence 2" ALUMINUM CAP STAMPED any legal action based upon any defect in this LS 25937 2001 IN MON. BOX survey within three years after you first discover i such defect. In no event may any action based , upon any defect in this survey be commenced I C8' more than ten years from the date of the S 1/16TH CORNER certification shown hereon. (13-60-105 C.R.S. $6-T2N-R64W I L2 . . ______ . . 4 . . - 2012) S1-T2N-R65W 1 Cl FOUND #6 REBAR WITH I I 60'INGRESS AND 2.5" ALUMINUM CAP 3 EGRESS EASEMENT STAMPED LS 23027 2001 (REC. NOs. 1617199, NOTE: This exhibit drawing I 1811893 ?834061) Is not intended to be a monumentalized land 1f1 U i survey. It's sole purpose (� I is as a graphic LINE TABLE p ? I .10 in representation to aid In N Q I t` the visualization of the LJ F r written property description LINE BEARING LENGTH 3 m • I "' which it accompanies. The written property L1 N88'34'36"E 40.01' iv 0 I i 3 description supersedes the _ CV w exhibit drawing. O in CV L2 N88'39'43"E 60.01' to ¢ • I b o o L3 N88'39'43"E 20.00' z m I o I L4 S88'34'05"E 20.00' I zN 3'ELECTRIC EASEMENT 70 COLORADO CENTRAL L5 SO1'59'14"W 6.67' I P01454 COMPANY O)i (BOOK 1249 PACE 241) t L6 S73'31'58"W 21.07' I Ni 20' TEMPORARY EASEMENT L7 N01'59'14"E 6.67' 25,442s.f.± OR 0.584ac.± L8 N88'34'05"W 20.00' N 40'EXasnNG RIGHT-CF-WAY O (BOOK 1046 PAGE 9) CURVE TABLE . oI sw 1/4 zi n v $6-T2N-R64W CURVE LENGTH RADIUS DELTA CHORD CH BEARING I I Ci 1.35' 15790.00' 0'00'18' 1.35' SOO30'21'E I I TOD MOORE C2 513.37' 15790.00' 1'51'46' 513.34' S00'25'41"W I • LOT A RE NO 1305.6-3-RE-3043 C3 173.19' 15810.00' 037'40' 173.19' SO1'40'24'W WOODMEN C4 37.60' 15590.00' 0'08'18" 37.60' SO1'55'05'W I OF THE C5 44.27' 15610.00' 0'09'45' 44.27' NO1'54'21'E i I 4 WORLD LOT BRE NO C6 153.00' 15790.00' 0'33'19' 153.00' N01'42'35"E I 1;05-6-3-RE-304£ C7 532.69' 15770.00' 1'56'07" 532.67' NO0'27'52"E �' 100'INGRESS&EGRESS EASEMENT C8 1.O6' 15770.00' 0'00'14' 1.06' NO0'30'19"W I I L8 rrJ E FAR YEIHCLE.Sy LOCK, U —amiss AND PEDESTRIAN TRAFFIC V (REC: NO. 1617995) / SE 1/4 L7 \YY/ S1-T2N-R65W i I POINT OF 'n U/ 30'ACCESS EASEMENT DECHANT JR. BEGINNING FAR THE BENEFIT OF L -_ 6 LOT A, RE-3048 — - - I . - (REC. N0. 2909286) 1 • - - - - - SW CORNER $6-T2N-R64W FOUND #6 REBAR MATH 3.25' ALUMINUM CAP STAMPED LS 13155 1999 IN MON. BOX I POINT OF COMMENCEMENT TEMPORARY EASEMENT .At- WELD COUNTY DEPARTMENT ACQUISITION 44 e/# OF PUBLIC WORKS TE-18 tkli ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE Kim; SURvI? oRS PROJECT NO: SRP-26 SCALE: 1"=200' WCR 49 65,I GarJcn Dm, \\nitk r_Cnlun „Bhn Jo WELD COUNTY.COLORADO ,l„ ,-,,,6,i,l l crud:Elf we,KmgMr,e ursa,n, DATE: 4-10-15 DRAWN BY: CDL SHEET: 2 oft 4150547 Pages: 11 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO III kir1t1i Ti;r11M�'�ti litl.I�'�1hi�AI.'L ka II:FlPlitllii III II 1 RECORDING INFORMATION ABOVE R/W#18 EXHIBIT D GRANT OF EASEMENT Tod Moore GRANTOR(whether one or more),whose address is 11208 Weld County Road 49,Hudson, Colorado 80642, in consideration of Ten and 00/100 Dollars ($10.00)and other valuable consideration, receipt of which is hereby acknowledged,grants and conveys unto UNITED POWER,INC.,GRANTEE, whose address is 500 Cooperative Way,Brighton,Colorado 80603,its successors and assigns,a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility,electrical and communications facilities and all fixtures and devices appurtenant thereto,as may from time to time be useful to,or required by Grantee,on,over,under, and across the following described property in the County of Weld,State of Colorado to-wit: Easement description as set forth in Exhibit"A"attached hereto and incorporated herein by reference. Those facilities may be overhead,underground and/or at grade and may include,but shall not be limited to,poles,cables,conduits,wire,conductors,transformers,manholes and supports of whatever materials, including braces,guides,and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks,over and across the lands of the Grantor to and from the above described easement to survey,construct,operate, maintain, replace, enlarge, reconstruct, improve, inspect,repair and remove utility,electrical and communications facilities and all fixtures and devices appurtenant thereto,and the right to remove any objects interfering therewith, including but not limited to,the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use,and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement,inspection,repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install,or permit the installation of,any buildings or permanent structures or facilities of any kind on,over,under,or across said easement without the prior written approval of Grantee. Upon completion of construction,Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees,licensees,contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and 8 lawful authority to make the grant contained herein,and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or s Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, G —. Colorado. rj 4-1 3 w!�?m Unless special provisions are listed below and/or attached, the above constitutes the entire agreement o y a— between the parties and no additional or different oral representation, promise or agreement shall be N tL°o� binding on any of the parties with respect to the subject matter of this Grant of Easement. SI 0. al T 0. a NU B m W/O# Map No.: Part of Section 6,Township 2N, Range 64W, NY 1~ 6`h P.M.,County of Weld,State of Colorado tr)>. SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: BY: STATE OF COLORADO ACKNOWLEDGEMENT COUNTY OF WELD 1, , a Notary Public for said County and State, do hereby certify that Tod Moore personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal,this day of ,20_. Notary Public My Commission Expires: 4150547 Pages: 13 of 13 10/15/2015 02:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Bill W/O# Map No.: Part of Section 6,Township 2N,Range 64W, 6th P.M.,County of Weld,State of Colorado a 1861 MEMORANDUM TO: Clerk to the Board DATE: November 6, 2015 N T Y GOu FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Doc #2015-3268 Warranty Deed with Tod C. Moore RECEIVED NOV 09 2015 WELD COUNTY COMMISSIONERS M:'Erancie\AGENDA memos\Agenda-Leon-2.doc eC:7qt)(1 CS/fifrO 1/-��' /N"- )a- y - a0/5 Et 0O7a a WARRANTY DEED THIS DEED made this 7-11 dayof 20/J, between Tod C. Moore 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 11208 Weld County Road 49, Hudson, 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. 4159132 Pages: 1 of 5 / 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 /�/'. 3�1t Carly Koppes, Clerk and Recorder, Weld County, CO �v FA NICItCI ha MAU Ill II a IN WITNESS THEREOF the grantor has executed this deed on the date set fo• h above. I ''''''--(__ OD C. MOORE, Owner State of L ►o tzp pu ) )ss. County of 2A)c-L') ) The foregoing instrument was acknowledged before me this Z,4=-day of AioLien1-I Qee(- 20 / 5, by Tod C. Moore, Owners. Witness my hand and official seal. ,,ice,. L - ,G2/t., Notary Public My commission expires: 0,a5 , c)(.,,i77 7 ILEON W. SIEVERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014024300 MY C01My8SSI0H EXPIRES AUGUST 8,2017 4159132 Pages: 2 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 IIMNI.P.ANICIMIO eke,driilY'i It rd 1'G;I Iiii 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 /V�� day of 2015. ATTEST: dj„a G: ;ok 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. i/'/(XX:d BY: rL Dep ty Clerk to the Board arbara Kirkme er, Chair I La, BOARD OF COUNTY NOV 1 6 2015 �. COMMISSIONER OF THE COUNTY OF WELD 1861 t 4l2 STATE OF COLORADO ) )ss COUNTY OF WELD •) The foregoin instrument was acknowledged before me this /4 day of , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO Notary Pu is NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4159132 Pages: 3 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO II • EXHIBIT-A J8-MOORE-ROW PROPERTY DESCRIPTION A parcel of land being part of Lot A, Recorded Exemption No. 1305-6-3—RE-3048, recorded December 14, 2001 as Reception No. 2909286 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 6 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 6, being monumentalized by a #6 rebar with a 3 J4" diameter aluminum cap stamped 'tS13155, 1999" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped tS25937, 2001" at the North end, as bearing North 00'30'12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2640.51 feet, with all other bearings contained herein relative thereto: THENCE North 88'34'36' East along the South line of the Southwest Quarter (SW1/4) of said Section 6 a distance of 40.01 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line cf the Southwest Quarter (SW1/4) of said Section 6; THENCE North 00'30'12" West along said East Right—of—way line a distance of 66.68 feet to the Southwest corner of said Lot A, said point being the POINT OF BEGINNING; THENCE continuing North 00'30'12' West along said East Right—of—way line a distance of 1253.51 feet to the Northwest corner of said Lot A; THENCE North 88'39'43" East along the Northerly line of said Lot A o distance of 60.01 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 1.06 feet to a Point of Tangency (PT), said point being Sixty (60) feet, as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15770.00 feet, a central angle of 00.00'14•' and a long chord bearing South 00'30'19" East a distance of 1.06 feet; THENCE South 00'30'12' East along a line being Sixty (60) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 517.15 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 532.69 feet, said curve having o radius of 15770.00 feet, a central angle of 01'56'07" and a long chord bearing South 00'27'52" West a distance of 53267 feet; THENCE South 88'34'05" East, non—tangent to aforesaid curve, a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the West a distance of 153.00 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 00'33'19- and a long chord bearing South 01'42'35" West a distance of 153.00 feet; THENCE South 01'59'14•' West a distance of 6.67 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 44.27 feet to the Southerly line of said Lot A, said curve having a radius of 15610.00 feet, a central angle of 00'09'45" and a long chord bearing South 01'54'21" West a distance of 44.27 feet; The following Two (2) courses and distances are along the Southerly lines of said Lot A: THENCE South 73'31'58" West a distance of 11.97 feet; THENCE North 85'52'35' West a distance of 51.60 feet to the POINT OF BEGINNING. Said parcel of land contains 75,226 sq. ft. or 1.727 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing or said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the Southwest Quarter (SW1/4) of said Section 6 lying Northerly of the Westerly extension of the Southerly line of said Lot A and lying Southerly of the Westerly extension of the Northerly line of said Lot A. Said existing Right—of—way contains 50,064 sq. ft. or 1.149 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. 00 0• • 331C-73 Michael Cha — ehalf Of King Surveyors Colorado License ro essional Land Surveyor #38106 RIGHT OF WAY .A. WELD COUNTY DEPARTMENT ACQUISITION r'• OF PUBLIC WORKS -.w 18 N44111 ). . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE Kim; SURVL?YOBS PROJECT NO: SRP-26 SCALE: N/A WCR 49 ,5I)E.Garden in,c I 'A Colundo$Uiiol WELD COUNTY.COLORADO phone:rural 6s6 5u:1 email:ininr9Qq¢$unr nn.r°01 DATE: 4-10-15 DRAWN BY CDL I SHEET: I of 2 4159132 Pages: 4 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder,' Weld County. CO ■III I+It'I I:F'�,K'��I��tl�� II4yr�! I��1 BI II I EXHIBIT-A NOTICE W 1/4 CORNER S6—T2N—R64W FOUND #6 REBAR WITH According to Colorado law you must commence 2- ALUMINUM CAP STAMPED any legal action based upon any defect in this LS 25937 2001 IN MON. BOX survey within three years after you first discover ' such defect. In no event may any action based upon any defect in this survey be commenced l L3 - . •. more than ten years from the date of the S 1/16TH CORNER • • - ' —�t certification shown hereon. (13-80-105 C.R.S. S6-72N-R64W I 2012) S1-T2N-R65W C1 FOUND #6 REBAR WITH 60'INGRESS AND 2.5" ALUMINUM CAP EGRESS EASEMENT NOTE: This exhibit drawing is not intended to STAMPED LS 23027 2001 I —(REC. NOs. 1627199, be a monumentalized lard survey. It's sole 1821893&2834061) purpose is as a graphic representation to old in the visualization of the written property fn description which it accompanies. The written C7 property description supersedes the exhibit d 'n drawing. EC- CV Q W Fri 3 0] cv p -0 p N N LINE TABLE o Q o O CO 0 Z v LINE BEARING LENGTH I o 3' C L1 N8834'36"E 40.01' I TO COLORADO CE'1RAL I _ POM£R COMPANY r L2 I N00'30'12"W 66.68' I (BOOK 1249 PAGE 241) g L3 I N88'39'43"E 60.01' � 40'DOSING RIGHT-OF-WAY r j (BOOK 1046 PAGE 9) L4 S88'34'05"E 20.00' I CN ADDITIONAL RIGHT—OF—WAY L5 S01'59'14"W 6.67' SE 1/4 N 75,226s.f.± OR 1.727ac.± L6 S7331'58"W 11.97' 51-T2N-R65LY o CN SW 1/4 L7 I N85'52'35"W 51.60' DECHAM JR- o 0 S6-T2N-R64W z l TOD MOORE LOT A RE NO 1305-o-3-RE-3043 CURVE TABLE WOODMEN OF THE CURVE LENGTH RADIUS DELTA CHORD CH BEARING p4 WORLD Cl 1.06' 15770.00' 0'00'14' 1.06' S00'30'19"E LOT B RE NO 1305-o-3-RE-3048 C2 532.09' 15770.00' 1'56'07' 532.67' SOO'27'52.W d' 100'INGRESS&EGRESS EASEMENT C3 153.00' 15790.00' 0'33'19' 153.00' SO1'42'35"W I FOR VEHICLES UI,ESTOGx, ��'� -BICYCLES AND PEDESTRIAN RAMC C4 44.27' 15610.00' 0'09'45" 44.27' SO1'54'21"W I 0 5 (REC N0. 1617995) V/ .30'ACCESS EASEMENT l FOR 1HE BENEFIT OF _ - _LOT A, RE-3048 - - - -POINT OF BEGINNING I -3 7 L6 (REC._NO. - - - - - L1SW CORNER $6-T2N-R64W FOUND #6 REBAR WITH 3.25' ALUMINUM CAP STAMPED LS 13155 1999 IN MON. BOX I POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT AC IIISITION �a P:40OF PUBLIC WORKS Q pw-16 *,� ►. . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)24&26 MOORE KING SL i vt v RS PROJECT NO: SRP-26 SCALE: 1"=200' wCR 49 o?u- ,;,,An Derr I AC"ulsor•Colorado xoiio WELD COUNTY.COLOR\')0 „h..' "'.;"II '"'':'ne„/a1;"'gs"^ '„r;'''' DATE. 4-10-15 DRAWN BY CDL SHEET: 2 of 2 4159132 Pages: 5 of 5 11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County. CO ■III.111! �Ili li II�11 �tk��'IMIA.1!Ii ki 1 al 1117 VAMiikii, II III Hello