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Home My WebLink About20141925.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 EXTENSION (WELD COUNTY PARKWAY) AND AUTHORIZE CHAIR TO SIGN - RICHARD BORYS (LOT B OF CORRECTED RE-3651) 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 for Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 Extension (Weld County Parkway), 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 Richard Borys, 1525 Glenmere Boulevard, Greeley, Colorado 80631, commencing upon execution of signature, with further terms and conditions being as stated in said agreement concerning Lot B of Corrected RE-3651, 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 for Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to County Road 49 Extension (Weld County Parkway), 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 Richard Borys, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc-. (11:5C. t s�, gl) -fit L 2014-1925 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT- RICHARD BORYS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADOn ATTEST: `o.& �pc�q % ArC��- QA—/� `��'� Douglas Ikademach r, Chair Weld County Clerk to the Board rbara Kirkmey r, Pro-Tr BY: /_ 4 .. C- D •(tyClerktotheBo- .; 0 j Iasi creLt44 P: �; =n P. Conway — Pr R ED RM: `r. ''�..•� �,I�L. ^� ike Freeman ounty Attorney - EXCUSED William F. Garcia Date of signature: -/ 7 2014-1925 EG0070 MEMORANDUM P-i 7 L pJ Jp, ir TO: Clerk to the Board DATE: June 20, 2014 GOUNTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: ROW/TE, Lot B/Corr. RE-3651 WCR 49 Extension Project, Weld County Parkway Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for the WCR 49 Extension Project with Richard Borys. Enclosures M'Frenci&AGENDA memos Agenda-Leon-3.doc 2014-1925 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 EXTENSION, BETWEEN RICHARD BORYS AND WELD COUNTY, COLORADO U THIS AGREEMENT is made this_45—day of , GtQ,201_,by and between Richard Borys, whose address is 1525 Glenmere Blvd, Greeley, Colorado 80631, 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 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right-of-Way"), and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as"Temporary Construction Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 Extension, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS,County requires said Public Road Right-of-Way in order to complete said Road Improvement Project, and WHEREAS,County will need said Temporary Construction Easement in order to construct the Road Improvement 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 and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit"A"(a copy of which is attached hereto and made a part hereof by this reference),for the sum of One Thousand Five Hundred Twenty Seven and no/100 Dollars,($1,527.00).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 the Temporary Construction Easement shown and/or described on Exhibit"B"(a copy of which is attached hereto Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page I 4035684 Pages: 1 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 101 PIMI 'iMl1CIPMIAILIMWMNIKrukJ, EE DDI env Se- /9a5 and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that he/she/it is the owner of the Public Road Right-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication, free and clear of all liens and encumbrances,except existing easements. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence on August 1, 2014, and shall expire and be of no further force or effect on August 1, 2015, or upon the completion of the Road Improvement Project, whichever is earlier. 7. Owner shall not, during the term of this Temporary Construction Easement,erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder;this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate under the Public Road Public Road Right-of- Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached or associated with the Public Right-of-Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right- of-Way to County at the date of closing which shall be on or about August 1, 2014. 10. Owner shall pay any encumbrance associated with the Public Road Right-of-Way 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 Deed of Dedication 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 and/or Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 2 4035684 Pages: 2 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII F4�.rNrw.r 11 lah4',k4'1 +�rr�i�YI IhG+i�,«ad Ili III COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and/or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Deed of Dedication. 3. County shall pay Owner for the Public Road Right-of-Way and Temporary Construction Easement by County warrants at the date of closing. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit B to a level comparable to its original condition. 5. County will reimburse the Owner the sum of Forty Thousand Nine Hundred Sixty Eight and no/100 dollars($40,968.00)for the removal and replacement of a concrete lined irrigation ditch and concrete transfer box. 6. County will remove the existing right of way fence and will construct a fence along the new right of way. The fence will be a 4 strand barbed wire fence will steel fence posts. MISCELLANEOUS: 1. Following the closing, it is expressly agreed by the parties hereto that County, its contractors,agents,employees and all others deemed necessary by County,shall have the irrevocable right to possess and use said Public Road Right-of-Way and the Permanent Easement for the purposes of constructing the Road Improvement Project, and for its daily operation, access and maintenance. Theses conveyances 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 such Public 2. This Agreement and the transfers of the Public Road Right-of-Way and 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. 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. Agmt for Purchase of ROW and Temp Easement-filmed Possession Before Closing Page 3 4035684 Pages: 3 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Morena Clerk and Recorder: Weld County: CO 1'kA�d'i74F'�:IlirlhVW III III 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. 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 undersigned 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. RICHA BORYS /I By: ✓`' - Title: caner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: - ' . ._ • .dT / - i� IL'1'` ►� emacher, Chair JUN 2 5 2014 Weld County Clerk to the Board O" -� S1 not BY. �+p D uty Clerk to the Board Agmt for Purchase of ROW and Temp Easement-lmm °'— '•n Before Dosing Page 4 4035684 Pages: 4 of 8 08/04/2014 02:00 PIS R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO III a®i5! /90 EXHIBIT-A SW 1/4 SI2-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT B OF CORRECTED RECORDED EXEMPTION NO. 0961-12-3-RE-3651 (RE-3651) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190933 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1rOMMFNCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 00'20'20" WEST A DISTANCE OF 2628,98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'20'20" WEST ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 29.99 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF 18th STREET AND BEING A NON TANGENT POINT OF CURVE; THENCE CONTINUING ALONG SAID EXISTING RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES; 1. THENCE 39.54 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 07'11'42" AND WHOSE CHORD BEARS NORTH 86'27'43" WEST A DISTANCE OF 39.51 FEET AND BEING THE POINT OF BEGINNING 2. THENCE CONTINUING ALONG THE SAME CURVE TO THE RIGHT 227.04 FEET ALONG THE ARC OF THE CURVE WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 41'19'07" AND WHOSE CHORD BEARS NORTH 62'12'18" WEST A DISTANCE OF 222.15 FEET; 3. THENCE NORTH 41'32'44" WEST A DISTANCE OF 33.51 FEET; THENCE NORTH 19'19'13" EAST A DISTANCE OF 78.00 FEET TO A POINT ON A CURVE; THENCE 279.61 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 04'40'15" AND WHOSE CHORD BEARS SOUTH 43'38'49" EAST TO A POINT ON SAID EXISTING RIGHT—OF—WAY LINE A DISTANCE OF 279.54 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,511.68 sf. OR 0.31 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 4035684 Pages: 5 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, CO ■�� Moreno, �lil�lI.P'u Wwo-d�4yYl,;'IY�h ■IIII RIGHT OF WAYv WELD COUNTY DEPARTMENT 86? OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT BORYS LOT-B CORR. RE-3651 I U T y PROJECT NO: SRP-23 SCALE: Il GO WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT-A SW I/4 SI2-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND S12-T5N-R65W E-1,�Lt,lF�4U]N SURVEY OR LAND SURVEY PLAT. FND 3Z" ALUM. CAP IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. A(K RCai. INC. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. -- - - 716 Line-- - - - ----1 HAI I,[RWIN LINE TABLE ACGRl'O. INC. LINE BEARING DISTANCE L1 N41'32'44"W 33.51' Os L2 N19'19'13"E 78.00' 1 m L3 N41'32'44"W 136.67' 0 S12-ISN_I465ft coil L4 N29'07'14"E 74.44' L5 S40'41'03"E 107.34' EXISTING R.O.W. 3Im L6 N48'32'33"E 24.51' 4 L7 N41'27'27"W 168.41' RO.BK.1/P (NI L8 S49'14'42"W 27.60' NOV. 18. 1887272 o rn i BK-12L9 N41'29'59'W 2.86' RECP.#2179750 2 o a L10 N50'34'33"E 80.69' RECP.# cm MAY 16, 1989 zi L11 540'41'03"E 235.35' EXISTING R.O.W. BK-1256 RICHARD M., / RECP.#2205381 X FEB. 14, 1990 BORYS \ R, sr,'/4 FE \ 572-75N-R631d' \ LOT A/CORR. RE-3651 '4,2 4 '\ RECP.#3190933 LOT B/CORR. RE-3651 f�� RECP.#3190933 \,N,,,,, J �0� CORR.SE-1004 RICHARD M. BORYS RECP.#3190932 t RECP.#3723346 CURVE TABLE C. C#LENGTH RADIUS DELTA CHD B CHD C1 39.54' 314,83' 07'11'42" N86'27'43"W 39.51' �6 C2 227.04' 314.83' 41'19'07" N62'12'18"W 222.15' ��` C3 279.61' 3430.00' 04'40'15"S43'38'49"E 279.54' C`], C4 21.54' 1527.31' 00'48'28"N41'55'53"W 21.54r C5 37.56'3430.00'00'37'38"S40'59'52"E 37.55' C 5 C3, C6 91.44' 1527.31' 03'25'49"N44'04'09"W 91.43' C)LS (Rl',1C-I V O C7 266.57' 314.83' 48'3O'49"N65'48'O9"W 258.68' \ - P.O.B. RIGHT—OF—WAY\ ACQUIRED . } ' 13,511.68 sf. -� 29.99' OR 0.31 aat \`� C� ------------------- -j _ VVCR58 - -- - - - - WI I){COUNI'Y `v 1 --7. - ------ i P.O.C. S 1/4 COR S12-15N-R65W FND 27¢" ALUM IN'GL.. I Ail \ l CROUP \ i I CAPSTAMPED POWERS` ELV. LS#9585 \ I I i BOSCI1 WELD COUNTY DEPARTMENT RIGHT OF WAY ]g6. .i* OF PUBLIC WORKS ACQUISITION 'v, 1 iI - WCR 49 EXTENSION BORYS PROJECT r/ ,/ , -J J PROJECT NO: SRP-23 SCALE: 1"=200 LOT-B CORR. RE-3651 a G OUN T Y j WELD COUNTY,COLORADO I I DATE: 8-2-13 DRAWN BY: MB SHEET: 2 oft 4035684 Pages: 6 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld CounlY, CO Ills KIrjI1JJLLlM4'tI�'Ia'lAti 411O11W hilifi Vi is II III • EXHIBIT-B SW 1/4 SI2-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT B OF CORRECTED RECORDED EXEMPTION NO. 0961-12-3-RE-3651 (RE-3651) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190933 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SOMMFNCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 00'20'20" WEST A DISTANCE OF 2628.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'20'20" WEST ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 29.99 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF 18th STREET AND BEING A NON TANGENT POINT OF CURVE; THENCE CONTINUING ALONG SAID EXISTING RIGHT-OF-WAY LINE THE FOLLOWING THREE (2) COURSES; 1. THENCE 23.38 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 0415'18" AND WHOSE CHORD BEARS NORTH 87'55'55" WEST A DISTANCE OF 23.37 FEET AND BEING THE POINT OF BEGINNING 2. THENCE CONTINUING ALONG THE SAME CURVE TO THE RIGHT 16.16 FEET ALONG THE ARC OF THE CURVE WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 02'56'24" AND WHOSE CHORD BEARS NORTH 84'20'08" WEST A DISTANCE OF 16.15 FEET TO A NON TANGENT POINT OF CURVE TO THE RIGHT; THENCE 279.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 04'40'15" AND WHOSE CHORD BEARS NORTH 43'38'49" WEST A DISTANCE OF 279.54 FEET; THENCE NORTH 19'19'13" EAST A DISTANCE OF 11.48 FEET TO A NON TANGENT POINT OF A CURVE TO THE LEFT; THENCE 297.11 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3420.00 FEET, CENTRAL ANGLE IS 04'58'39" AND WHOSE CHORD BEARS SOUTH 43'42'21" EAST TO A POINT ON SAID EXISTING NORTHERLY RIGHT—OF—WAY LINE A DISTANCE OF 297.00 FEET AND BEING THE POINT OF BEGINNING SAID PARCEL CONTAINS 2,884.65 sf. OR 0.07 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 TEMPORARY 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT BORYS LOT-B CORR. RE-3651 7N T Y PROJECT NO: SRP-23 SCALE: U I WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JHB SHEET: I of 2 4035684 Pages: 7 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO ��Miroinr d�lYh l�4'F Jbk�h4l4VC NAM:Milli II III • EXHIBIT-B SW I/4 SI2-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND S12-T5N-R65W Iir11.1,-IR\i IN SURVEY OR LAND SURVEY PLAT. FND 3Z' ALUM. CAP IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. 1('1'RUk` INC. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. Y6 Line-- - - - -- � LINE TABLE LINE BEARING DISTANCE HALT -IRWIN L1 N19'19'13"E 11.48' A IC;NI'XI. INC. I L2 N40'41'03"W 107.34' Oa L3 N29'07'14"E 38.67' itl /.a �tn L4 N47'13'50"E 43.77' N L5 540'41'03"E 35.25' S/.2-133-R631i: ePZ Nire L6 549'36'30"W 70.03' L L7 S40'41'03"E 87.39' EXISTING R.O.W. 3 m LS N40'41'03"W 235.35' RD.BK.1/PG.153 N;o L9 N50'34'33"E 80.00' BKV 1232 18, 1872 NN L10 540'40'31"E 50.01' RECP. 2179750 L71 550'34'33"W 69.99' oa MAY 16, 1989 0100 L12 S4O'41'O3"E 165.07' EXISTING R.O.W. L13 N49'36'30"E 70.03' BK-1256 RICHARD M. L14 540'41'03"E 4.75' RECP.#2205381 FEB. 14, 1990 BORYS • R R • AE i:e • I .N LOT A/CORR, RE-3651 RECP,#3190933 4,X RICHARD M. BORYS —11 ` Nr �,'`,CORR.sE-1004 RECP.#3723346 RECP.#3190932 11::::::://///' ---- ' LOT B/CORR. RE-3651 L14 RECP.#3190933 \\\ lB Yi2 �,'`� p CURVE TABLE C#LENGTH RADIUS DELTA CHD B CHD C1 23.38' 314.83' 04'15'18" N87'55'55"W 23.37' TEMP. ESM T. C2 16.16' 314.83' 02'56'24"N84'20'08"W 16.15' ACQUIRED C3 279.61' 3430.00'04'4015"N43'38'49"W 279.54' 2,884.65 sf. C4 297.11' 3420.00'04'58'39"S43'42'21"E 297.00' \ \OR 0.07 ac.± C5 39.53' 314.83'07'11'39" N86'27'44"W 39.50' OI S1RI;IC1 i \. L1 C6 37.56'3430.00'00'37'38"N40'59'52"W 37.55' � C7 31.81' 3420.00' 00'31'58" 540'57'02"E 31.81' C8 317.17' 3430.00' 0517'53"N43'19'59"W 317.05' C8 `\C21 1 29.99' N O.B. j' - ----WCR 58--- -- - - - - WI.IDCO(INCY \ C5 i --------�----------- \1'(,S"i MI CiROCI VC\C2)i C PSTAMPED POWERS EL . LS FND 2J¢" ALUM /.- BOSCH TEMPORARY WELD COUNTY DEPARTMENT �S61 -" OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT BORYS p li N T Y PROJECT NO: SRP-23 SCALE: I"=200 LOT-B CORR. RE-3651 c WELD COUNTY,COLORADO I DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 of2 4035684 Pages: 8 of 8 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1III PAM IL'Ya VIA/L'i COIANIMA Wilk BIM DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this I Srday of `Angus',2014, between Richard Borys, "Grantor"whose legal address is 1525 Glenmere Blvd., Greeley, Colorado 80631 and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, "Grantee", whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH:That Grantor,for and in consideration of the sum of Ten Dollars and other valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(1)(a),hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of-Way,free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado,to wit: The real property described and shown in the attached Exhibit"A" EXCEPTING existing easements of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property,except as required to sustain the integrity of the Public Highway. Richard Borys-O ner Date "MIN \\ /4.�PRY..FUg��c'''t/ STATE OF COLORADO ) ; CHERI i $ ss. ci: KERN 5 COUNTY OF WELD ) tt11,� .... O% N OF The foregoing instrument was acknowledged before ' .: :c- day of T,(S Li sf , 2014, by Richard Borys. Witness my hand and official seal. 6ary Public I ,—i 4037146 Pages: 1 of 4 My commission expires: /�z 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell MVP'rirJlifd'�LI 11 i 11111 Deed of Dedication Page I Canes da g - 6 - 19 aiaR/9as 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 dedication of property as a Public Highway(Public Right-of-Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 6 day of AZT/51L" , 2014. cJ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: t, t„�',i / l s Rade acher, Chair AUG 0 6 2014 Weld County Clerk to the Boar to O 4-4 BY. Deputy Clerk, o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) T e foregoing instrument was acknowledged before me this �/ day of t Cti` 2014, by �y , Chair, Board of County Commissioners of the County ilk Weld. Witness my hand and official seal. RAFAELA ALICIA MARTINEZ NOTARY PUBLIC � I (�I STATE OF COLORADO r Public " I 4813 NOTARY ID 20144002878 y MY COMMISSION EXPIRES JANUARY 22,2018 My commission expires: `7 22),2018 Deed of Dedication Page 2 4037146 Pages: 2 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO D/� /�� 11111111111111 � EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT B OF CORRECTED RECORDED EXEMPTION NO. 0961-12-3-RE-3651 (RE-3651) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190933 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 0020'20" WEST A DISTANCE OF 2628.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'20'20" WEST ALONG THE EAST UNE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 29.99 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY UNE OF 18th STREET AND BEING A NON TANGENT POINT OF CURVE; THENCE CONTINUING ALONG SAID EXISTING RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES; 1. THENCE 39.54 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 0711'42" AND WHOSE CHORD BEARS NORTH 86'27'43" WEST A DISTANCE OF 39.51 FEET AND BEING THE POINT OF BEGINNING 2. THENCE CONTINUING ALONG THE SAME CURVE TO THE RIGHT 227.04 FEET ALONG THE ARC OF THE CURVE WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 4119'07" AND WHOSE CHORD BEARS NORTH 62'12'18" WEST A DISTANCE OF 222.15 FEET; 3. THENCE NORTH 41'32'44" WEST A DISTANCE OF 33.51 FEET; THENCE NORTH 1919'13" EAST A DISTANCE OF 78.00 FEET TO A POINT ON A CURVE; THENCE 279.61 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 04'40'15" AND WHOSE CHORD BEARS SOUTH 43'38'49" EAST TO A POINT ON SAID EXISTING RIGHT—OF—WAY UNE A DISTANCE OF 279.54 FEET AND BEING THE POINT OF BEGINNING SAID PARCEL CONTAINS 13,511.68 sf. OR 0.31 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 1861 _ OF PUBLIC WORKS ACQUISITIONti r I_ .. i WCR 49 EXTENSION PROJECT BORYS 1♦ i �'I'' i PROJECT NO: SRP-23 SCALE: LOT-B CORR. RE-3651 J] C p U N T Y WELD COUNTY,COLORADO J DATE: 8-2-13 DRAWN BY: MB SHEET: 1 oft 4037146 Pages: 3 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO KIN 4WD' 1,Mai Li, Ill III EXHIBIT-A SW I/4 512-15N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND S12-75N-R65W HALL-IRWIN SURVEY OR LAND SURVEY PLAT. FND 3Y4" ALUM. CAP IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. AGGREG. INC. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. -- ---7(e Line---------- HALI IRWIN LINE TABLE AGGREG. INC. LINE BEARING DISTANCE I L1 N41'32'44"W 33.51' coy L2 N19'19'13"E 78.00' mIN L3 N41'32'44"W 136.67' Sl2-T 5-0511' Nip L4 N29'0T14"E 74.44' a L5 540'41'03"E 107.34' 'a L6 548'32'33"E 24.51' EXISTING R.O.W. 3 m L7 N41'27'27"W 168.41' RD.BK.1/PG.153 ILL NI LB LB 54994'42"W 27.60' NOV.BK-1232 13, 1872 o v-i L9 N41'29'59"W 2.86' RECP.#2179750 01< L10 N50'34'33"E 80.69' 0MAY 16, 1989 z, L11 540'41'03"E 235.35' EXISTING R.O.W. BK-1256 RICHARD M. )( RECP.#2205381 \ FEB. 14, 1990 BORYS \ Qt. SE 1,4 It \ ,51?-TSN-11651V LOT A/CORR. RE-3651 \ RECP.#3190933 LOT B/CORR. RE-3651 rig % ! RECP.#3190933 \ RICHARD M. BORYS • �J �, CORR.SE-1004 t. RECP.#3723346 RECP.#3190932 CURVE TABLE ". ,7---C#LENGTH RADIUS DELTA CHD B CHO ' C1 39.54' 314.83' 0711'42" N86'27'43"W 39.51' C2 227.04' 314.83' 4119'07" N62'12'18"W 222.15' . C3 279.61' 3430.00' 04'40'15"54338'49"E 279.54' C4 21.54' 1527.31' 00'48'28"N41'55'53"W 21.54' C C5 37.56'3430.00'00'37'38"540'59'52"E 37.55' !j I C6 91.44' 1527.31' 03'25'49"544'04'09"W 91.43' OESTREICI I \ o ,� C7 266.57' 314.83'48'30'49-N65'48'09"W 258.68' \ ti P.O.B.— RIGHT—OF—WAY\ ACQUIRED 13,511.68 sf. 29,99' OR 0.31 ac.± \ - -------------------- \ -----WCR 58 ---------- WELD COUNTY \ ---- ---�---- - ----- ' P.O.C. S 1/4 COR S1245N-R65W FND 2X" ALUM INVESTMENT GROUP \ , , CAPSTAMPED POWERS ELV. LS#9585 BOSCH \ II j RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT ACQUISITION _ -ee OF PUBLIC WORKS 1 ,J r.. ! _ j WCR 49 EXTENSION BORYS PROJECT �'�� '�- '� PROJECT• , _; N0: SRP-23 SCALE: 1"=200 LOT-B CORR. RE-3651 ] 50_ LJ N T Y WELD COUNTY,COLORADO r DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 oft 4037146 Pages: 4 of 4 08/08/2014 03:15 PM R Fe 00 Steve Morena, Clerk and Recorder, Weld County CO lIII vIr1 NIFi i 1II4TIlr'kI'b PHAIVITIMM Ms 11111 Hello