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HomeMy WebLinkAbout20142906.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENTS FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 22 AND 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - FRONT RANGE RESOURCES, 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, the Board has been presented with an Agreement Concerning Purchase of Permanent Easements for Certain Improvements to County Roads 22 and 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 Front Range Resources, LLC, 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 Purchase of Permanent Easements for Certain Improvements to County Roads 22 and 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 Front Range Resources, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all related documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS [� C� WELD COUNTY, COLORADO ATTEST: , Gt ..fao%&k. h ,4r' *GY(^t.� leg as ademach r, Chair Weld County Clerk to the Boar. ♦ ELa44 XCUSED • ,V arbara Kirkmeyer, Pro-Tem .., . B . 1 .,� i' - Imo • (` . D- � ty Clerk t t. the B. . � 1 , %;J:c ` •u•, s ;+w ?-an P. Conway AP V ORM: `®u N$ if) - - Mi e Free ounty Attorney . Garcia Date of signature: 91ag 2014-2906 EG0070 CC;hilFg,Ls)44 =861 MEMORANDUM TO: Clerk to the Board DATE: September 17, 214 NTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Permanent Easements for WCR 22 & 49 with Front Range Resources, LLC. Attached is one original agreement. Enclosures RECEIVED SEP 1 8 2014 WELD COUNTY COMMISSIONERS M-\FreneieWGENOA memosWyenda-Leon-I.doe 2014-2906 • AGREEMENT FOR THE PURCHASE OF PERMANENT EASEMENTS FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 22 AND 49, BETWEEN FRONT RANGE RESOURCES, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this maid day of 2014, by and between FRONT RANGE RESOURCES, LLC a Colorado Limited Liability ompany whose address is 1801 Broadway, Suite 1010, Denver, Colorado 80202, hereinafter 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 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner owns real property described within the attached Exhibits "A" and "B" (hereinafter referred to as"Permanent Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Roads 22 and 49, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires a Utility Easement for the benefit of the UNITED POWER, INC. (hereinafter"United"), in order to accommodate the relocation of existing aerial electrical facilities owned by United, and WHEREAS, County requires a Utility Easement for the benefit of the QWEST CORPORATION D/B/A CENTURYLINK QC, a Colorado corporation (hereinafter "Qwest"), in order to accommodate the relocation of existing telecommunication facilities owned by Qwest, 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 and County agrees to purchase a Permanent Easement into UNITED POWER, INC. as 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 Five Hundred Dollars, ($500). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase a Permanent Easement into QWEST CORPORATION DB/A CENTURYLINK QC, a Colorado corporation, as shown and/or 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). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner warrants that he / she / it is (they are) the Owner of the property described in Exhibits "A" and "B" and will defend title thereto against all claims. 4. Owner agrees to grant the Permanent Easements to United and Qwest, free and clear of all liens and subject only to existing matters of record in the real property records of Weld County as of the date hereof 4048486 Pages: 1 of 11 rnet Files\Content.Outlook\TTS7NP2R\Agmt Perm Easement 09/24/2014 03:51 PM R Fee:$0.00 w-attachments 7-18-14.docx Steve Moreno, Clerk and Recorder, Weld County, CO App-1-.R906° VIII Mink 1�:I�h +lr{�YI 5. Owner shall retain the mineral estate associated with the Permanent Easement interests, and shall also retain any water rights currently attached to or associated with said Permanent Easements. 6. Owner shall deliver the fully executed Permanent Easements to United and Qwest at the date of closing which shall be no later than thirty (30) days following the Owner obtaining a Partial Release(s) of the Right of Way from current deeds of trust. 7. Owner shall pay any encumbrance associated with the Permanent Easements which is required to be paid on or before the date of Owner's delivery of the Permanent Easements to United and Qwest. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Permanent Easements. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if United and / or Qwest desire to obtain title insurance for the Permanent Easements. 2. County shall pay all fees associated with recording the Permanent Easements. 3. The parties agree that County shall pay Owner for the Permanent Easements by County warrant at the date of closing. MISCELLANEOUS: 1. Although the date of the transfer of the Permanent Easements shall be the date of the closing, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County and United shall have the irrevocable right to possess and use said Permanent Easements for the purposes of relocating an existing electrical distribution line and telecommunication facilities, and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon the Permanent Easements as may be useful and necessary. 2. This Agreement and the transfer of the Permanent Easements made pursuant to the terms herein shall be binding upon and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. 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. 5. 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. 4048486 Pages: 2 of 11 es\Content.Outlook\TTS7NP2R\Agmt Perm Easement 09/24/2014 03:51 PM R Fee:$0.00 w-attachments 7-1 8-I4.docx Steve Moreno, Clerk and Recorder, Weld County, CO ■III PO:4qt VIIANIgµI!WIVII I II II 6. 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 parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7. 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. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. FRONT RANGE SO R S, LLB,a Colorado Limited Liability Company By: Title: 4 F�� �, ATTEST: , (dz`�. / BOARD OF COUNTY COMMISSIONERS U. t) G .XLto4 WELD COUNTY LORADO Weld County Clerk to the Board r\" /62[4y ricQl I_ Hinglas *ademacher Chair SEP a 2 ?014 By: :11-:11-RDY1A^ � py , De uty Clerk to the Board `^�Mle!?l 11161 9 r tat 4048486 Pages: 3 of 11 09/24/2014 03:51 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO .III rain h;l�h'h��'l+�l,h�flh�'�F�}Jl hf I'M II III C:\Users\GPN\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\TTS7NP2R\Agmt Perm Easement w-attachments 7-18-14.docx EXHIBIT "A" EASEMENT AGREEMENT Private Easement Individual(s) as Grantor The undersigned ("Grantor") for and in consideration of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION d/b/a CENTURYLINK QC, a Colorado corporation ("Grantee"), whose address is 100 CenturyLink Drive, Monroe, Louisiana 71203, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non-exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the COUNTY OF WELD, State of Colorado, which Grantor owns or in which Grantor has an interest ("Easement Area"), to wit: An easement at Weld County, Colorado, which is described in its entirety on EXHIBIT "A" which is attached hereto and by this reference made a part hereof, all of which is situated in the NW '/4 of Section 18, Township 2 North, Range 69 West of the 6th P.M. Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental contamination, which is either pre-existing or not caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area. Grantor will warrant and defend title to the Easement Area against all claims. Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the 4048486 Pages: 4 of 11 09/24/2014 03:51 PM R Fee:$0.00 :t Files\Content.Outlook\TTS7NP2R\Agmt Perm Easement Steve Moreno, Clerk and Recorder. Weld County, GO w-attachments 7-18-14.docx •i )riltli 'I alika?fhilaith'h?Jaiii II III award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Easement Area is situated. GRANTOR(S): FRONT RANGE RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY By: Title: STATE OF COLORADO ) ) ss: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 2014, by as of Front Range Resources, LLC, a Colorado Limited Liability Company. Witness my hand and official seal: My commission expires: Notary Public 4048486 Pages: 5 of 11 09/24/2014 03:51 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII rdlIFINV .Wil filieril ,1131iRraL rI,ih II III EXHIBIT-A NW IR. 518-T2N-R6LW I EXISTING 60' R.O.W. T BK-83/PG-292 RDBK- /PG-40 / I JUNE 3, 1903 _1 - •1 P.O.C. i 1t / NW CORNER L_ S18-T2N-R64W FND 3Y." A.C. THIS PORTION OF STAMPED WCR 22 IS NOT LS/J23520 2002 r_________________CONSTRUCTED - WCR 22 . FRONT RANGE —• I i RESOURCES LTC I ♦ I �n \ PARCEL#130518200009 o di i RECP#3667883 • ♦ T \ "I I \ P.O.B. I 20'x30' • CENTURY LINK T PERMANENT EASEMENT 600.00 sf. OR 0.01 oc.3 r � L1 L2 1 \ \ in M I J m0o 1 L I IO Z I Lo NI ` 1 LINE TABLE (,e.L I.\I I U I :' L- I Lt N89'26'04"E 70.00' \( RI T 1 I ( i v i i O i ( L2 N89'26'04"E 30.00' In L3 500'33'56"E 20.00' I N —' m L4 S89'26'04"W 30.00'I — 70 L5 NOO'33'56"W 20.00' 'I I I I I I I4- i I I • I WEST 1/4 COR NOTE: THIS EXHIBIT MAP DOES NOT I I 518—T2N—R64W REPRESENT A MONUMENTED LAND FND 3Y4" A.C. SURVEY OR LAND SURVEY PLAT. STAMPED IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION I PLSp10855 1995 ONLY. WELD COUNTY DEPARTMENT PERMANENT EASEMENTi86hi*N OF PUBLIC WORKS PREPARED FOR WCR 49 R 22 CENTURY LINK INTERSECTION PROJECT PROJECT NO SRP-24 SCALE. 1"=100 WCR49 Gb IJN_! L WELD COUNTY,COLORADO DATE 6-24-14 DRAWN BY. 7FB SHEET. l0(2 4048486 Pages: 6 of 11 09/24/2014 03:51 PM R 'net Files\Content.Outlook\TTS7NP2R\Agmt Penn Easement Steve Moreno, Clerk and Recorder, Weld County, CO Fee:$0.00 w-attachments 7-18-14.docx , ■III Elr tIti RIR Viii I i+'IliAk1nUR{f,Fik1lhliiyi1 II III EXHIBIT-A NW NE SIS-T2N-P64W PROPERTY DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND. LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 18. TOWNSHIP 2 NORTH, RANGE 64 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. 3667883 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18. TOWNSHIP 2 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 18 AS BEARING SOUTH 00'33'56" EAST A DISTANCE OF 2595.90 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 18. TOWNSHIP 2 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'33'56" EAST ALONG THE WEST LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 295.00 FEET; THENCE DEPARTING SAID LINE NORTH 89'26'04" EAST TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 70.00 FEET AND BEING THE POINT OF BEGINNING THENCE NORTH 89'26'04" EAST A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'33'56" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89'26'04" WEST TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 00'33'56" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET MORE OR LESS TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 600.00 sr. OR 0.01 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 EASEMENT ' 1861 r OF PUBLIC WORKS PREPARED FOR • �.;,, WCR 49&22 CENTURY LINKI, .I' J INTERSECTION PROJECT e,. WCR49 - • is OU Nr__( - - PROJECT N0. SRP-24 SCALE WELD COUNTY,COLORADO I DATE. 6-24-14 DRAWN BY. JHB SHEET. 1of2 4048486 Pages: 7 of 11 09/24/2014 03:51 PM $0.00 ,IIIoIr'�iiw�u, ..I irLd��'e ��',���I��I Co �I�1I^y��Ii�I ,I III nternet Files\Content.Outlook\TTS7NP2R\Agmt Perm Easement RI IfY I�{Y w-attachments7-18-14.docx l — EXHIBIT B GRANT OF EASEMENT FRONT RANGE RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY, GRANTOR (whether one or more), whose address is 1801 Broadway, Suite 1010, Denver, Colorado 80202 , in consideration of Ten and 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 Weld County, 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 5.0 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 4048486 Pages: 8 of 11 09/24/2014 03:51 R1 R Fee:$0.00 ternet Files\Content.Outlook\7TS7NP2R\Agmt Perm Easement Stevep Moreno ..p Clerk tandd Recorder,o Weld County, CO W ` ��A�A'Mi�'I�N I�T1�i��1���t IiI T'�f,��iYh IN w-attachments 7-18-14.docx 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 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, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation; promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. SIGNED AND SEALED BY GRANTOR this day of , 20 . GRANTOR: FRONT RANGE RESOURCES,LLC,A COLORADO LIMITED LIABILITY COMPANY By: Title: STATE OF COLORADO )ss: WELD COUNTY I, , a Notary Public for said County and State, do hereby certify that personally came before me this day and acknowledged that he is the of Front Range Resources, LLC a Colorado Limited Liability Company, and he/ she, being authorized to do so, executed the foregoing Grant of Easement as his own act and deed on behalf of Front Range Resources, LLC a Colorado Limited Liability Company. WITNESS my hand and official Notarial Seal,this day of , 20_ My Commission Expires: Notary Public 4048486 Pages: 9 11 of it 09/24/2014 03:51 PM R F el 00 • EXHIBIT B NW I/L SI8-T2N-R64W PROPERTY DESCRIPTION PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 2 NORTH. RANGE 64 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. 3667883 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 18 AS BEARING SOUTH 00'33'56" EAST A DISTANCE OF 2595.90 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'33'56' EAST ALONG THE WEST LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 29.56 FEET MORE OR LESS; THENCE DEPARTING SAID LINE NORTH 89'26'04" EAST TO A POINT INTERSECTING THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 22 (NOT CONSTRUCTED) A DISTANCE OF 70.00 FEET AND BEING THE POINT OF BEGINNING, THENCE NORTH 88'47'39' EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'33'56" EAST A DISTANCE OF 265.78 FEET MORE OR LESS; THENCE SOUTH 89'26'04- WEST TO A POINT ON SAID EASTERLY RIGHT—OF—WAY LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 00'33'56- WEST ALONG SAID EASTERLY RIGHT—OF—WAY LINE TO A POINT ON SAID SOUTHERLY RIGHT—OF—WAY LINE A DISTANCE OF 265.45 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,968.40 sf. OR 0.18 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 EASEMENT r 186r OF PUBLIC WORKS PREPARED FOR ' ',+ 4 WCR 49&22 UNITED POWER INC. ) INTERSECTION PROJECT 'f-� L!` • PROJECT NO SRP-24 SCALE. WCR49 - CQUy TY - WELD COUNTY,COLORADO DATE. 6-24-14 DRAWN BY. JBB SHEET. 1of2 4048 6 of 11 09 244/82014 03:519PM R1FFee$0.00 Steve Morena., Clerk and Recorder, Weld County, CO ■III RIPAII RPINI AIlw�CW�J I+'�,�1� I+��iYl��F'�hsYi'r� III!! C\Users\GPN\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\TTS7NP2R\Agmt Perm Easement w-attachments 7-18-14.docx EXHIBIT B NW ILL SI8-72N-R641/V I I 1 1 EXISTING 60' R.O.W. 1 1 if I .AV VIA J I 1 ' PP.( I I t RDBK-10/PG- 4 RDDK-10/PG- 40 JUNE 3, 1903 - - P.O.C. .007 NW CORNER _ -_- S18-72N-R64W L��---�-- FND 3Y4" A.C. THIS PORTION OF STAMPED WCR 22 IS NOT N0 �coNsrRucTED -_- - LS#23520 2002 30.0.007'39"E 0' L2 -------' _ice WCR22 P.O.B. I a `\ UNITED POWER INC. / PERMANENT EASEMENT • \ 7,968.40 sf. OR 0.18 oc.± 3 �, w . t0 i0 ,n % l) 17 N1, / -; ' mu z w R FRONT RANGE GE = r'"1^' ' A RESOURCES LLC 1 Cam. rr Z '30.00' PARCEL 11130518200009 I '\ '11 Q S89'26'04"W RECP A 3667883 w Iwm N m 1 fV. V . n GKI km I {-.,) ,-4) I AC RE.6 1.1,1. I 1m 1 1 LINE TABLE i ...e_a_...., -I L1 500'33'56"E 29.56' L2 N89'26'04"E 70.00' ,..._7_91......- 1 I I I 1 I 1-L. II I 1 I WEST 1/4 COR NOTE: THIS EXHIBIT MAP DOES NOT 518-T2N-R64W REPRESENT A MONUMENTED LAND 1 SURVEY OR LAND SURVEY PLAT. 1 END 3/;" A.C. IT IS INTENDED TO ILLUSTRATE THE 1 STAMPED ATTACHED PROPERTY DESCRIPTION PLS/10855 1995 ONLY. JJJJ WELD COUNTY DEPARTMENT PERMANENT EASEMENT "4M2.6_141-t. OF PUBLIC WORKS PREPARED FOR 1itj �,; WCR 49&22 UNITED POWER INC. � INTERSECTION PROJECT /,1 iL- I' I PROJECT NO. SRP-24 SCALE. 1"=100 WCR49 I C 0-11.1y N.�.Y - WELD COUNTY,COLORADO - DATE. 6-24-14 DRAWN BY: MB SHEET: lof2 4048486 Pages: g s 11 : 11 09/2Steve M2014 03:51 PM R order, .00 I Steve Moreno, Clerk and Recorder. Weld County, CO �III M��11'li�,11'0Li r��if+�r1YP�Cf1d�Ri�:rEi rlitiklil �I ION C:\Users\GPN\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\TTS7NP2R\Agmt Penn Easement w-attachments 7-I8-14.docx Hello