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Home My WebLink About20140476.tiff RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST DPG FARMS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 10, 2014, the Board was presented with the filing request and they deemed it advisable to continue the matter to February 19, 2014, to allow adequate time for a work session, and WHEREAS, Weld County is in need of acquiring additional right-of-way for the extension of County Road 49, in a portion of Sections 1, 11, 12,Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, including a temporary construction easement and permanent irrigation easement, and WHEREAS, said right-of-way is described in the attached Exhibit "A" and shown in the attached Exhibit Map "A," and consists of 16.96 acres, more or less, and WHEREAS, said temporary construction easement is described in the attached Exhibit "B" and shown in the attached Exhibit Map "B," and consists of 6.29 acres, more or less, and WHEREAS, said permanent irrigation easement is described in the attached Exhibit "C" and shown in the attached Exhibit Map "C", and consists of 2.04 acres, more or less, and WHEREAS, in an appraisal with a date of valuation being July 15, 2013, prepared by E. Nelson Bowes and J. Virginia Messick, Certified Appraisers, the value of the right-of-way to be acquired is established at $108,544.00, the value of the temporary construction easement is $8,051.00, and the value of the permanent irrigation easement is $13,056.00, and the costs of damages is $19,068.00, for a total of$148,714.00, and WHEREAS, said property for the right-of-way, temporary construction easement, and permanent irrigation easement are owned by DPG Farms, LLC, and WHEREAS, negotiations with DPG Farms, LLC have included several verbal communications (in person and by phone) between Leon Seivers of the Weld County Public Works Department and Ken Holm, and several written communications, including the following: "Notice of Intent to Acquire", dated March 4, 2013; "Offer Letter" dated August 7, 2013; "Final Offer Letter" dated September 4, 2013; and Letter from DPG Farms, LLC, attorney Richard Judd declining the final offer letter, dated September 13, 2013, and WHEREAS,to date, the parties have been unable to reach an agreement for the purchase of said right-of-way, temporary construction easement, and permanent irrigation easement, and C,C. P W,TA, C R, A4 P t. 3 .6t�1 2014-0476 CA0015 FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST DPG FARMS, LLC PAGE 2 WHEREAS, the acquisition of said right-of-way, temporary construction easement, and permanent irrigation easement is necessary because of the pending extension of County Road 49. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to file a proceeding in eminent domain, pursuant to Section 38-1-101 et. seq., C.R.S., against DPG Farms, LLC, in the Weld District Court to acquire the right-of-way described in the attached Exhibit "A" and shown in the attached Exhibit Map "A," the temporary construction easement as described in the attached Exhibit "B" and shown in the attached Exhibit Map "B," and the permanent irrigation easement as described in the attached Exhibit"C"and shown in the attached Exhibit Map "C". BE IT FURTHER RESOLVED by the Board that the acquisition of such right-of-way, temporary construction easement, and permanent irrigation easement is deemed necessary for the health, safety and welfare of the citizens of Weld County, Colorado. BE IT FURTHER RESOLVED by the Board that the Controller shall cause to be paid $148,714.00 to DPG Farms, LLC, for the purpose of acquiring the aforementioned property, as an alternative to depositing such sums into the Registry of the Court. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: water $ <x> �.•u• as Radem-cher, Chair Weld County Clerk to the Bo 0:1;nal Ili Pint •ara Kirkm , Pro- em BY: >'uty Clerk to the Bo N - Sean P. Conway A A ORM: Mike Fre ounty Attorney William F. Garcia Date of signature:09.07 2014-0476 CA0015 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue, P.O. Box C, Greeley, CO 80632 Phone Number: (970) 475-2400 COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, Petitioner, vs. DPG FARMS LLC; and JOHN LEFEBVRE, as Treasurer of Weld County, Case Number: 14-CV-30182 Division: Respondent(s). Bruce T.Barker,Weld County Attorney,Attorney Reg.#13690 Bob Choate,Assistant Weld County Attorney,Attorney Reg. #40588 1150 'O' Street, P.O. Box 758,Greeley, CO 80632 Phone Number: (970)336-7235,Fax Number: (970)352-0242 bbarker@co.weld.co.us bchoate@co.weld.co.us LIS PENDENS NOTICE IS GIVEN that a civil action has been commenced and is pending in the Weld County District Court under Civil Action No. 14-CV-30182. The County of Weld is named as the Petitioner and DPG Farms LLC is named as the Respondent. The object of this civil action is to obtain a preliminary and permanent injunction preventing the use and enjoyment of a parcel of real property in a manner contrary to County regulations and State law. The parcels of real property affected by the Civil action is described as follows; to-wit: 1. Parcel#: 096101000117 12056-D S2S2 &N2SE4 1 5 65 BEG SW COR OF N2SE4 N0D48'E 228.84' TO PT ON N/W OGILBY DITCH S60D27'E 214.30' S43D04'E 152.37' S81D54'E 63.15'N63D58'E 127.25'N34D58'E 382.62' THENCE N77D55'E 188.75'N79D34'E 402.37' N77D44'E 135.50'N50D17'E 103.06' S06D19'E 702' THENCE W TO BEG (2.44D) 1 3999007 Pages: 1 of 2 02/28/2014 11:27 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Figir SYCIATICIIIIl'LVI NIR'1w i ' OA BIM I 2. Parcel #: 096112000120 12398 NW4 & PT NE4 12 5 65 LYING ABOVE A LN DESC AS BEG S0D22'W 1630.62' FROM NE COR OF SEC S71D23'W 2844.50' TO CEN OF SEC EXC THAT PT E2 S & E OF RIVER &N OF S1000' ALSO EXC BEG SW COR NE4 N350' M/L TO RIVER THENCE ELY ALONG RIVER 950' M/L THENCE SWLY TO BEG (3R1D) 1390 HOLLY AV WELD 000000000 3. Parcel #: 0961 1 1000 108 12392 S2NW4/NE4 & PT NE4NW4 11 5 65 LYING S C/L CACHE LA POUDRE & E C/L SAND CREEK EXC BEG SE COR OF SEC N0ID14'E 2696.64' S89D10'W 753.81' N13D08'E 30.91' TO TRUE POB N'3D08'E 355.55'N07D52'W 168.90'N59D19'W 129.05' $61D42'W 217.11'N22D46'W 22.30' $63D31'W 259.10' S83D39'W 20.83' S0D26'E 194.22' S28D14'W 247.12; THENCE LONG CHORD N66D34'E 61.06' N89D10'E 558.41' TO TRUE POB (2.11R) DATED thin) `day of February, 2014. THE COUNTY OF WELD, a political subdivision of the STATE OF COLO O etition By: CE T. BARKER, #13690 eld County Attorney E-FILED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICE OF WELD COUNTY ATTORNEY 2 3999007 02/28/2014 Pages: 014 11:27RM R Fee:$0.00 e Moreno, Clerk and Rec tiI �1MTk414!'Ifnhi:�tlRJkN: r��l�I �Yaihi 11111 EXHIBIT-A SI,SI I,SI2-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 11, THE NORTHWEST ONE-QUARTER OF SECTION 12 AND THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2193641 & 2808479 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF THE NORTHEAST ONE-QUARTER OF SECTION 11 AS BEARING NORTH 00'27'50" WEST A DISTANCE OF 2657.03 FEET TO THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'27'50" WEST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF HOLLY STREET A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'42'33" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY UNE A DISTANCE OF 594.26 FEET TO THE POINT OF BEGINNING THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 88'42'33" WEST A DISTANCE OF 151.54 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 277.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 14'01'14" AND WHOSE CHORD BEARS NORTH 26'42'37" EAST A DISTANCE OF 277.05 FEET; THENCE NORTH 33'43'1C EAST A DISTANCE OF 999.95 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 574.88 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1130.00 FEET, CENTRAL ANGLE IS 29'08'56" AND WHOSE CHORD BEARS NORTH 19'08'46" EAST A DISTANCE OF 568.70 FEET; THENCE NORTH 85'25'41" WEST A DISTANCE OF 30.00 FEET TO A POINT OF A NON TANGENT CURVE TO THE LEFT; THENCE 77.15 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1100.00 FEET, CENTRAL ANGLE IS 04'01'06" AND WHOSE CHORD BEARS NORTH 02'33'45" EAST A DISTANCE OF 77.13 FEET; THENCE NORTH 00'33'12" EAST A DISTANCE OF 1576.29 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 355.55 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1900.00 FEET, CENTRAL ANGLE IS 10'43'19" AND WHOSE CHORD BEARS NORTH 04'48'27" WEST A DISTANCE OF 355.03 FEET; THENCE SOUTH 79'17'23" WEST A DISTANCE OF 94.14 FEET; THENCE NORTH 0079'41" EAST TO A POINT ON THE NORTHERLY LINE OF SAID DEED (RECEPTION NO. 2193641 & 2808479) A DISTANCE OF 303.90 FEET; THENCE ALONG SAID NORTHERLY LINE SOUTH 89'03'47" EAST A DISTANCE OF 242.44 FEET; THENCE SOUTH 1010'07" EAST A DISTANCE OF 251.06 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; RIGHT OF WAYS WELD COUNTY DEPARTMENT ACQUISITION 86� OF PUBLIC WORKS WCR 49 EXTENSION PROJECT DPG FARMS 1/( � ' PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO - C p U N T Y DATE: 2-27-13'DRAWN RY- IRS ISHEFT' I nil 2014-0476 EXHIBIT-A SI,SII,SI2-T5N-R65W PROPERTY DESCRIPTION CONT. THENCE 392.98 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2100.00 FEET, CENTRAL ANGLE IS 10'43'19" AND WHOSE CHORD BEARS SOUTH 04'48'27" EAST A DISTANCE OF 392.41 FEET; THENCE SOUTH 00'33'12" WEST A DISTANCE OF 1576.29 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 91.18 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1300.00 FEET, CENTRAL ANGLE IS 04'01'06" AND WHOSE CHORD BEARS SOUTH 02'33'45" WEST A DISTANCE OF 91.16 FEET; THENCE NORTH 85'25'41" WEST A DISTANCE OF 30.00 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 646.10 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1270.00 FEET, CENTRAL ANGLE IS 29'08'56" AND WHOSE CHORD BEARS SOUTH 19'08'46" WEST A DISTANCE OF 639.16 FEET; THENCE SOUTH 33'43'14" WEST A DISTANCE OF 999.95 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 189.17 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 995.00 FEET, CENTRAL ANGLE IS 10'53'35" AND WHOSE CHORD BEARS SOUTH 2816'27" WEST A DISTANCE OF 188.88 FEET TO THE POINT F BFGINNING SAID PARCEL CONTAINS 738,774.27 sf. OR 16.96 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION T 18_§1/§1/ OF PUBLIC WORKS WCR 49 EXTENSION PROJECT DPG FARMS 1/211.____ T Y J PROJECT N0: SRP-23 SCALE: WELD COUNTY,COLORADO G Q U N DATE: 2-27-13 DRAWN BY: JHB SHEET: 2 of 3 EXHIBIT-A SI,SII,SI2-T5N-R65W NE COR 4 ,,.<71,8')....*--'Q 589'03'47"E S11-T5N-R65W G46' - (242.44' MARCY FND CAP STAMPED I /S,1 C° w $6 - R POWERS ELV. `�i - LS#23501 IT mi' v o; ao (Ai. 510.10'07"E WELD o 6z 251.06' SW/ COUNTY 0 "�" SI-T5N-R65W L=392.98' lq�, %, R=2100.00 8=--10'43'19" MATCH LINE---- — ———- 79.17'23"W r ;1 CB=SO4'48'27'E '' 94.14'1 C=392.41' 0h I L=355.55' NE% eib': ea R=1900.00 S11-T5N-R65W °� . Cb' - 0=10.43'19" DPG FARMS INC. eb ,j r, CB=N04'48'27"W RECP.#2193641 ^," '. A NL a C=355.03' RECP.#2808479 v� a m w ��. NYKAMP ,y „ �,y o a ^'h LOIm Nl N J N SW Y/ L=277.74' r,,I a z� t° `° SI-T5N-R65W R=1135.00 L=189.17' o m vii <: i X14'01'14" R=995.00 zi I - r CB=N26'42'37'E X10'53'35" C=277.05 / CB=528'16'27"W C=188.88' I NE CORY -----� 594.26' S11-T5N R65WI w 3 FND 2J4" ALUM.( 1.4N _-HOLLY-888'42'33"W . P.O.B. i j-- CAP STAMPED; - NW IA 151 54' + ] I POWERS ELV. n n S12-T5N-R65W LS 23501 8 '%. o i i CITY OF i ( ROADIFER # z ,� I /GREELEY I I. P.O.C. E Y4 COR I S11—T5N—R65W ,o En RIGHT—OF—WAY FND 2J¢" ALUM. 0LI ACQUIRED CAP STAMPED �Iw , 738,774.27 sf. POWERS ELV. a,m OR 16.96 ac.+ LS#23501 018 0 ti L=77.15' Im DETAIL R=1100.00 r L=91.18' —NTS— A=04'01'06" R=1300.00 CB=NO2'33'45"E I X04°01'06" , C=77.13' CB=S02'33'45'W _-_--_-- C=91.16' 'I, N85'2541"W' c --- 588'42'33"W- 30.00' ` ' r— -------- .—; N85'25'41'W T -----t N-66 27'50"W ,-J-. - P.O.B. L=574.88' , ,. 30.00' ? / 30.00' R=1130.00 I L=646.10' , a=29'08'56" CB=N19'08'46"E A=29'08'56" C=568.70' • CB=S19'O8'46"W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I .,', 7 C=639.16' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 40' IT IS INTENDED TO ILLUSTRATE THE },'" ATTACHED PROPERTY DESCRIPTION ONLY. ----- ----MATCH LINE RIGHT OF WAY ` WELD COUNTY DEPARTMENT ACQUISITION _ 1861 OF PUBLIC WORKS WCR 49 EXTENSION PROJECT DPG FARMS ��\�'/ PROJECT NO: SRP-23 SCALE: 1"=400 WELD COUNTY,COLORADO ty C 0 LJ N T Y DATE: 2-27-13 DRAWN BY: JI-IB(SHEET. 3 of 3 EXHIBIT-B 5I-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2193641 & 2808479 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SECTION 1 AS BEARING NORTH 00'29'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0029'41" EAST ALONG SAID WEST LINE A DISTANCE OF 1268.58 FEET TO A POINT ON THE NORTHERLY LINE OF SAID DEED (RECEPTION NO. 2193641 & 2808479); THENCE SOUTH 89'03'47" EAST ALONG SAID NORTH LINE A DISTANCE OF 242.44 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 89'03'47" EAST A DISTANCE OF 635.42 FEET; THENCE SOUTH 00'56'34" WEST A DISTANCE OF 118.38 FEET; THENCE NORTH 89'03'47" WEST A DISTANCE OF 454.28 FEET; THENCE SOUTH 00'56'34" WEST A DISTANCE OF 86.63 FEET; THENCE SOUTH 79'49'53" WEST A DISTANCE OF 138.24 FEET; THENCE NORTH 10'10'07" WEST A DISTANCE OF 236.06 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 88,661.84 sf. OR 2.04 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT PERMANENT is6ii _ OF PUBLIC WORKS IRRIGATON EASEMENT WCR 49 EXTENSION PROJECT DPG FARMSV� r PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO -COUNTY If DATE: 2-27-13 DRAWN BY: JHB SHEET: I oft EXHIBIT-B SI-T5N-R65W I -NW COR i I SI-T5N-R65W _ sI i FND 3WALUM. --� -- I-- ' CAP STAMPED _e !0_±.L.,S 263 _ -_ -- ° ' I LS#10855 IN STI3ICR _A-- pc MON. BOX -- L.,' � MARCY N`/aofSW94 J , SI-T5,U-R65W ...", :1 PERMANENT IRRIGATION /.. EASEMENT ACQUIRED /_ ICY 88,661.84 sf. OR 2.04 ac.± .' I C) ry P.O.B. / S89`03'47"E 635.42' '+ 242.44' WELD �s ` S00°56'34"W COUNTY _ N'10°10'07 W �s � f * � f 236.06' 118.38 N89°03 47 W 454.28 c * �• S00°56'34"W c 86.63' m A S%>of SW% 1 in 579°49'53"W s1-TSN-265W 0z I138.24' tedtissnd A �Z N La (O i--u_ i a DPG FARMS INC. r d- RECP.#2193641 Nco o N RECP.#2808479 c m 2 1 DPG y h FARMS + 1 P.O.C. SW COI:' S1-T5N-R65W. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A FND 2) " ALUM. MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. CAP STAMPED IT IS INTENDED TO ILLUSTRATE THE POWERS ELV. ATTACHED PROPERTY DESCRIPTION ONLY. LS#23501 WELD COUNTY DEPARTMENT PERMANENT . i86 OF PUBLIC WORKS IRRIGATON EASEMENT WCR 49 EXTENSION PROJECT DPG FARMS 1)' J PROJECT N0: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO "j _C o U N T Y DATE: 2-27-13 DRAWN BY: MB SHEET: 2 oft EXHIBIT-C SI,SII,SI2-T5N-R65W TFMPORARY EASEMFNT #1 PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 11, THE NORTHWEST ONE-QUARTER OF SECTION 12 AND THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BONG A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2193641 & 2808479 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH. RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 11 AS BEARING NORTH 00'27'50" WEST A DISTANCE OF 2657.03 FEET TO THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'27'50" WEST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF HOLLY STREET A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'42'33" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 583.29 FEET TO THE POINT OF BEGINNING THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 88'42'33" WEST A DISTANCE OF 10.97 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 189.17 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 995.00 FEET, CENTRAL ANGLE IS 10'53'35" AND WHOSE CHORD BEARS NORTH 2816'27" EAST A DISTANCE OF 188.88 FEET; THENCE NORTH 33'43'14" EAST A DISTANCE OF 999.95 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 646.10 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1270.00 FEET, CENTRAL ANGLE IS 29'08'56" AND WHOSE CHORD BEARS NORTH 19'08'46" EAST A DISTANCE OF 639.16 FEET; THENCE SOUTH 85'25'41" EAST A DISTANCE OF 30.00 FEET TO A POINT OF A NON TANGENT CURVE TO THE LEFT; THENCE 91.18 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1300.00 FEET, CENTRAL ANGLE IS 04'01'06" AND WHOSE CHORD BEARS NORTH 0733'45" EAST A DISTANCE OF 91.16 FEET; THENCE NORTH 00'33'12" EAST A DISTANCE OF 1576.29 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 392.98 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2100.00 FEET, CENTRAL ANGLE IS 10'43'19" AND WHOSE CHORD BEARS NORTH 04'48'27" WEST A DISTANCE OF 392.41 FEET; THENCE NORTH 10'10'07" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 79'49'53" EAST A DISTANCE OF 138.24 FEET; THENCE NORTH 00'56'34" EAST A DISTANCE OF 86.63 FEET; THENCE SOUTH 89'03'47" EAST A DISTANCE OF 454.28 FEET; THENCE NORTH 00'56'34" EAST A DISTANCE OF 118.39 FEET; THENCE SOUTH 89'03'47" EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 00'56'34" WEST A DISTANCE OF 137.39 FEET; THENCE NORTH 89'03'47" WEST A DISTANCE OF 454.28 FEET; TEMPORARY WELD COUNTY DEPARTMENT OF PUBLIC WORKS EASEMENTS - WCR 49 EXTENSION -NatioN PROJECT DPG FARMS W f PROJECT NO: SRP-23 SCALE: P'=400 WELD COUNTY,COLORADO I`-' COUNT " • DATE: 2-27-13 DRAWN BY: SI-IB SHEET: 1 of6 EXHIBIT-C SI,SII,S12-T5N-R65W TEMPORARY EASEMENT #1 CONT. THENCE SOUTH 00'56'34" WEST A DISTANCE OF 79.97 FEET; THENCE SOUTH 79'49'53" WEST A DISTANCE OF 140.58 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 394.85 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2110.00 FEET, CENTRAL ANGLE IS 10'43'19" AND WHOSE CHORD BEARS SOUTH 04'48'27" EAST A DISTANCE OF 394.27 FEET; THENCE SOUTH 00'33'12" WEST A DISTANCE OF 125.16 FEET; THENCE SOUTH 89'26'48" EAST A DISTANCE OF 181.19 FEET; THENCE SOUTH 00'33'12" WEST A DISTANCE OF 120.00 FEET; THENCE NORTH 89'26'46" WEST A DISTANCE OF 141.19 FEET; THENCE SOUTH 00'33'12" WEST A DISTANCE OF 1331.13 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 198.50 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1350.00 FEET, CENTRAL ANGLE IS 08'25'28" AND WHOSE CHORD BEARS SOUTH 04'45'56" WEST A DISTANCE OF 198.32 FEET; THENCE NORTH 81'01'20" WEST A DISTANCE OF 70.00 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 205.46 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1280.00 FEET, CENTRAL ANGLE IS 0911'48" AND WHOSE CHORD BEARS SOUTH 13'34'34" WEST A DISTANCE OF 205.24 FEET; THENCE SOUTH 55'31'48" EAST A DISTANCE OF 35.99 FEET; THENCE SOUTH 00'36'50" WEST A DISTANCE OF 179.07 FEET; THENCE NORTH 89'21'26" WEST A DISTANCE OF 111.77 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 131.76 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1280.00 FEET, CENTRAL ANGLE IS 05'53'52" AND WHOSE CHORD BEARS SOUTH 30'46'18" WEST A DISTANCE OF 131.70 FEET; THENCE SOUTH 33'43'14" WEST A DISTANCE OF 999.95 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 182.79 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 985.00 FEET, CENTRAL ANGLE IS 10'37'57" AND WHOSE CHORD BEARS SOUTH 28'24'16" WEST A DISTANCE OF 182.52 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 151,880.18 sf. OR 3.49 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 TEMPORARY WELD COUNTY DEPARTMENT 118 OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT DPG FARMS ✓ ` PROJECT NO: SRP-23 I SCALE: 1"-400 WELD COUNTY,COLORADO JZLC 0 U1.1 T Y DATE: 2-27-13 DRAWN BY: MB SHEET:2 of6 EXHIBIT-C SI,SI I,SI2-T5N-R65W TEMPORARY EASEMENT #2 PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 11, THE NORTHWEST ONE-QUARTER OF SECTION 12 AND THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2193641 & 2808479 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 11 AS BEARING NORTH 00'27'50" WEST A DISTANCE OF 2657.03 FEET TO THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'27'50" WEST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF HOLLY STREET A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'42'33" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 745.80 FEET TO THE POINT OF BEGINNING. THENCE NORTH 12'36'58" EAST A DISTANCE OF 65.92 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 214.73 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1145.00 FEET, CENTRAL ANGLE IS 10'44'43" AND WHOSE CHORD BEARS NORTH 28'20'53" EAST A DISTANCE OF 214.42 FEET; THENCE NORTH 33'43'14" EAST A DISTANCE OF 999.95 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 277.82 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1120.00 FEET. CENTRAL ANGLE IS 14'12'44" AND WHOSE CHORD BEARS NORTH 26'36'52" EAST A DISTANCE OF 277.11 FEET; THENCE NORTH 55'31'48" WEST A DISTANCE OF 73.80 FEET; THENCE NORTH 00'27'50" WEST A DISTANCE OF 73.19 FEET; THENCE SOUTH 55'31'48" EAST A DISTANCE OF 97.87 FEET TO A POINT OF A NON TANGENT CURVE TO THE LEFT; THENCE 129.23 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1120.00 FEET, CENTRAL ANGLE IS 06'36'40" AND WHOSE CHORD BEARS NORTH 13'00'00" EAST A DISTANCE OF 129.16 FEET; THENCE NORTH 8525'41" WEST A DISTANCE OF 70.30 FEET TO A POINT OF A NON TANGENT CURVE TO THE LEFT; THENCE 173.79 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1050.00 FEET, CENTRAL ANGLE IS 09'29'01" AND WHOSE CHORD BEARS NORTH 0517'42" EAST A DISTANCE OF 173.60 FEET; THENCE NORTH 00'33'12" EAST A DISTANCE OF 1331.13 FEET; THENCE NORTH 89'26'48" WEST A DISTANCE OF 74.97 FEET; THENCE NORTH 00'29'41" EAST A DISTANCE OF 120.00 FEET; THENCE SOUTH 89'26'48" EAST A DISTANCE OF 115.03 FEET; TEMPORARY �86� ap WELD COUNTY DEPARTMENT EASEMENTS OF PUBLIC WORKS WCR 49 EXTENSION PROJECT DOU FARMS PROJECT NO: SRP-23 SCALE: 1"=400 WELD COUNTY,COLORADO \-/ o U N T Y DATE: 2-27-13 DRAWN BY: JHB SHEET: 3 of6 EXHIBIT-C SI,SII,SI2-T5N-R65W TEMPORARY EA,SFMENT #2 CONT. THENCE NORTH 00'33'12" EAST A DISTANCE OF 125.16 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 343.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1890.00 FEET, CENTRAL ANGLE IS 10'24'57" AND WHOSE CHORD BEARS NORTH 04'39'16" WEST A DISTANCE OF 343.11 FEET; THENCE SOUTH 7917'23" WEST A DISTANCE OF 96.19 FEET; THENCE NORTH 00'29'41" EAST A DISTANCE OF 64.38 FEET; THENCE SOUTH 89'30'19" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'29'41" WEST A DISTANCE OF 52.20 FEET; THENCE NORTH 7917'23" EAST A DISTANCE OF 94.14 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 355.55 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1900.00 FEET, CENTRAL ANGLE IS 10'43'19" AND WHOSE CHORD BEARS SOUTH 04'48'27" EAST A DISTANCE OF 355.03 FEET; THENCE SOUTH 00'33'12" WEST A DISTANCE OF 1576.29 FEET; TO A POINT OF CURVE TO THE RIGHT; THENCE 77.15 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1100.00 FEET, CENTRAL ANGLE IS 04'01'06" AND WHOSE CHORD BEARS SOUTH 02'33'45" WEST A DISTANCE OF 77.13 FEET; THENCE SOUTH 85'25'41" EAST A DISTANCE OF 30.00 FEET TO A POINT OF A NON TANGENT CURVE TO THE RIGHT; THENCE 574.88 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1130.00 FEET, CENTRAL ANGLE IS 29'08'56" AND WHOSE CHORD BEARS SOUTH 19'08'46" WEST A DISTANCE OF 568.70 FEET; THENCE SOUTH 33'43'14" WEST A DISTANCE OF 999.95 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 277.74 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 14'01'14" AND WHOSE CHORD BEARS SOUTH 26'42'37" WEST A DISTANCE OF 277.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 121,937.19 sf. OR 2.80 ac. MORE OR LESS THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT TEMPORARY ` 1861 - OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT DPG FARMS PROJECT NO: SRP-23 SCALE: 1"=400 WELD COUNTY,COLORADO G O_U N T Y CJ DATE: 2-27-13 DRAWN BY: JHB SHEET:4 of6 EXHIBIT-C SI,SII,SI2-75N-R65W J NE COR •�--..'�X ¢�' MARCY S11-T5N-R65W•/"6Q'' FND CAPvSTAMPED .,•••••-c;,1-,..•• -- R L7 POWERS ELV. 93`S- -' 1 PERMANENT ESMT. to LS#23501 �^ N_,...)2 WELD ._.. L5 � G U,.-co COUNTY L3t\ L33 J 0 L9 ^ ` L L19 LX L30 - L2 L11 J � 29 1011ES5 7��'� a 0 0 4C2 ill DPG FARMS INC. MATCH LINE / --// - a, RECP.#2193641 NE% 000 1011E - RECP.#2808479 S11-T5N-R65W 4',* rn 2 1 N a) ^b a) 0' i7I J 17, SW Y4 7O5-,._ P� Ca 0) OIfA SI-T5N-R65W /y ,^a� z 4L27- 'L13„.4- _ a 6/ p',1* Nl Q ��25 'LL1S. .a' ^� I m 50'TEH ? R. g •.a'o 0 s o wI ,�50'TE h h A SW/ N NI -C "� S]-T5N-R65W NYKAMP oo'm o. 3 N `:' r 7o, z, z 16 _n L20 yG^� 4- ---- - - N !J P.O.B. 0) gl NE COR ,N 0 - a ----- ------� TE-#2 S11-T5N-R65W I . i -- ------ END 2X" ALUM. M .` ," Y---HOLLY_- ` ---986•42'33''W, - CAP STAMPED I - I NW%4 S88'42'33"W I P.O.B. / / y, POWERS ELV. -, 3 w N S/2-T5N-R65W 10.97' TE-#ii I ROADIFER w LS#23501 N w — 5 ! CITY OF a `t in in !GREELEY I• P.O.C. E Ya COR 2 I --r r :,0 I t I 511-T5N-R65W z30 - o "' o '`c - FND274" ALUM. • o,o -N o! z e TEMPORARY CAP STAMPED wiz oo o1 F- EASEMENT #1 POWERS ELV. 151,880.18 sf. LS#23501 0 z. D OR 3.49 ac.± w u- M i 200' DETAIL TEMPORARY —N TS— EASEMENT #2 1 L34 F.O.B./ I 121,937.19 sf.r o ". co TE—#2 sa3.z9' I OR 2.80 aa.t Ic. L1, v -.—. -- - ----------. 2. 745.80' _ 588'42'33"W N -IJ6 • — "� -NOO'27'50'W J% acv --- $88'42'33"W, P.O.B. 4 ,'10.97' ! TE-#130.00' 17/G^ G , NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A � L1 MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 740•/ I % IT IS INTENDED TO ILLUSTRATE THE G ATTACHED PROPERTY DESCRIPTION ONLY. ----MATCH LINE WELD COUNTY DEPARTMENT TEMPORARY ,••• 86j.,..:•,.; OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT DPG FARMS �./ PROJECT NO: SRP-23 SCALE: 1"=400 WELD COUNTY,COLORADO lincE70 U t4 7 Y DATE:2-27-13 DRAWN BY: JHB SHEET: 5 of6 EXHIBIT-C SI,SII,S12-T5N-R65W LINE TABLE LINE BEARING DISTANCE L1 885'25'41"E 30.00' L2 N10'10'07"W 15.00' L3 N79'49'53"E 138.24' L4 N00'56'34"E 86.63' CURVE TABLE L5 S89'03'47"E 454.28' C# LENGTH RADIUS DELTA CHD B CHD L6 N00'56'34"E 118.39' Cl 189.17' 995.00' 10'53'35" N28'16'27"E 188.88' L7 S89'03'47"E 15.00' C2 646.10' 1270.00' 29'08'56" N19'08'46"E 639.16' L8 800'56'34"W 137.39' C3 91.18' 1300.00' 04'01'06" N02'33'45"E 91.16' L9 N89'03'47"W 454.28' C4 392.98' 2100.00'10'43'19" N04'48'27"W 392.41' L10 800'56'34"W 79.97' C5 394.85' 2110.00' 10'43'19" S04'48'27"E 394.27' L71 S79'49'53"W 140.58' C6 198.50' 1350.00'08'25'28" 804'45'56"W 198.32' L12 800'33'12"W 125.16' C7 205.46' 1280.00' 09'11'48" 813'34'34"W 205.24' L13 889'26'48"E 181.19' C8 131.76' 1280.00' 05'53'52" S30'46'18"W 131.70' L14 800'33'12"W 120.00' C9 182.79' 985.00' 10'37'57" S28'24'16"W 182.52' L15 N89'26'48"W 141.19' C10 214.73' 1145.00'10'44'43" N28'20'53"E 214.42' L16 N81'01'20"W 70.00' C11 277.82' 1120.00 14'12'44" N2636'52"E 277.11' L17 S55'31'48"E 35.99' C12129.23' 1120.00 06'36'40" N13'00'00"E 129.16' L18 S00'38'50"W 179.07' C13 173.79' 1050.00 09'29'01" N05'17'42"E 173.60' L19 N89'21'26"W 111.77' C14 343.59' 1890.00 10'24'57" N04'39'16"W 343.11' L20 N12'36'58"E 65.92' C15 355.55' 1900.00 10'43'19" S04'48'27"E 355.03' L21 N55'31'48"W 73.80' C16 77.15' 1100.00 04'01'06" S02'33'45"W 77.13' L22 N00'27'50"W 73.19' C17 574.88' 1130.00 29'08'56" S19'08'46"W 568.70' L23 S55'31'48"E 97.87' C18 277.74' 1135.00 14'01'14" S26'42'37"W 277.05' L24 N85'25'41"W 70.30' L25 N89'26'48"W 74.97' L26 N00'29'41"E 120.00' L27 S89'26'48"E 115.03'_ L28 N00'33'12"E 125.16' L29 S79'17'23"W 96.19' L30 N00'29'41"E 64.38' L31 889'30'19"E 10.00' L32 S00'29'41"W 52.20' L33 N79'17'23"E 94.14' L34 885'25'41"E 30.00' TEMPORARY • WELD COUNTY DEPARTMENT 1861 EASEMENTS T OF PUBLIC WORKS WCR 49 EXTENSION PROJECT DPG FARMS PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO G O U N T Y TI DATE: 2-27-13 DRAWN BY: JHB SHEET: 6 of 6 Hello