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HomeMy WebLinkAbout20140676.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND PERMANENT EASEMENT FOR IMPROVEMENTS TO EAST 18TH AVENUE AND HOLLY STREET (PART OF THE COUNTY ROAD 49 EXTENSION PROJECT) AND AUTHORIZE CHAIR TO SIGN - ROADIFER REVOCABLE LIVING TRUST 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 Right-of-Way and Permanent Easement for Improvements to East 18th Street and Holly Street as part of the County Road 49 Extension Project, 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 Roadifer Revocable Living Trust, 3791 East 18th Street, Greeley, Colorado 80631, commencing April 1, 2014, and ending April 1, 2016, or upon completion of said project, whichever is earlier, with further 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 for the Purchase of Public Right-of-Way and Permanent Easement for Improvements to East 18th Street and Holly Street as part of the County Road 49 Extension Project, 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 Roadifer Revocable Living Trust be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CGS P(43 I 2014-0676 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND PERMANENT EASEMENT FOR IMPROVEMENTS - ROADIFER REVOCABLE LIVING TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: c/Cam`wV G tc' Cd r i . , , wJ)e/-V dim Dougl Rade acher, Chair Weld County Clerk to the Board i -P�\� -f�a: -rbara Kirkmeyer)Pro-Tem BY: QA12a-CA S.. �», ` C . ov De ty Clerk to the Boai � , � �� -`•�, .t! n P. Conway c9--- APPiOVD TO FORM: % 4/ 1 .ar...---- �— i ek Freem ze y Attorney Wit iam . Gar--- - Date of signature: 1'c?55 1'>t 2014-0676 EG0070 ✓���'��� MEMORANDUM v� GO JN . TO: Clerk to the Board DATE: February 27, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Right-of-Way and Permanent Easement for improvements to East 18`" and Holly Street, a part of the WCR 49 Extension Project. One original agreement is attached. 2014-0676 N4\Francie\AGENDA memos\AgendaLeon-2 docx AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST le AND HOLLY STREET BEING PART OF THE WELD COUNTY ROAD 49 EXTENSION PROJECT BETWEEN THE ROADIFER REVOCABLE LIVING TRUST AND WELD COUNTY, COLORADO a THIS AGREEMENT is made this ,S day of /i'yr'A , 2014, by and between The Roadifer Revocable Living Trust whose address is 3791 East l8`' Street, 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 "Permanent Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 and Holly Street, which will involve said roads 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 Permanent Easement in order to maintain a drainage easement which is necessary in conjunction with 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 Six Thousand, Seven Hundred, Twenty and no/100 Dollars,($6,720.00).The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Agmt for Purchase of ROW and Perm.Easement-tamed.Possession Before Transfer Page I 4004606 Pages: 1 of 11 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO O2O14/- 067. 2. Owner agrees to sell and County agrees to purchase the Permanent Easement 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 One Thousand, Five Hundred, Forty and no/100 Dollars, ($1,540.00). 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 Permanent 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 Permanent Easement by Easement Deed of Dedication to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. Owner shall not erect or construct or allow to be erected or constructed,any building or other structures on said Permanent Easement property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder; this Permanent Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 7. Owner shall retain the mineral estate under the Public Road Public Road Right-of- Way and the Permanent Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Permanent Easement. 8. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right- of-Way and a Easement Deed of Dedication for the Permanent Easement to County at the date of the transfer of title which shall be no later than thirty(30)days following the County's execution of this Agreement. 9. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Permanent 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 the transfer of title, 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 Permanent Easement. Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before'I'ransfer Page 2 4004606 Pages: 2 of g 11 03/2Steve Moreno Cer and R order] Weld Steve Moreno. Clerk and Recorder, Weld County, CO VIII f+i�1�'tiZw�?til�?ti �'IIN I��R� l�l'k'r:�Ft!:L!f'i �lF III MI 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 Permanent Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Deed(s) of Dedication. 3. County shall pay Owner for the Public Road Right-of-Way and Permanent Easement by County warrants at the date of the transfer of title. 4. County shall reimburse the owner the sum of Nine Thousand, One Hundred and no/100 Dollars, ($9,100.00)for the replacement of 2,600 linear feet of a four-strand barbed wire fence. 5. Sixty Nine Thousand and no/100 Dollars,($69,000.00) for removal and replacement of irrigation structures including a concrete lined ditch and seeding. The existing irrigation pattern will not be affected by the new concrete ditch. 6. County shall construct a cattle crossing under East 18`" Street being ten feet(10') in height and twenty feet (20') in width. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Permanent Easement shall be the date of the transfer of title, 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,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 the construction of the drainage easement,and for its daily operation,access and maintenance. These 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 Road Right-of-Way and Permanent Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right-of-Way and Permanent 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. Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before'I ransfer Page 3 4004606 Pages: 3 of 11 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno- Clerk and Recorder. Weld County. GO ''0;,�F;'!Jft j, •I III 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of ROW and Perm. Basement-Immed.Possession Before Transfer Page 4 4004606 Pages: 4 of 11 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO 11111 Kr .'lick'Gth AV DI. II III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. THE ROADIFER REVOCABLE LIVING TRUST By. "�'%v',;.r _ Catherine Roadifer- Trustee / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � W � [.1 , ,,/ ;64. bbu Ia Rademac er, Chair igerhoil Weld County Clerk to the Board Ls° MAR 0 5 2014 BY. Deputy Cl rk to the Board 61 tiji s- 6:7)!7 y LAY°�V Agmt for Purchase of ROW and Perm. Easement-Immed.Possession Before Transfer Page 5 4004606 Pages: 5 of 11 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■IIIM!�1R4tµ,iuCfi! !ti'�'i'�+FLII�Miti?h'ktha+,4�',�IiLI} 1111 aoiy- 06 �� EXHIBIT-A SW I/4 S12-T5N-R65W SE I/4 SII-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, AND THE SOUTHWEST ONE-QUARTER OF SECTION 12, BOTH IN 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. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-I THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST TO THE NORTHERLY RIGHT-OF-WAY OF 18TH STREET A DISTANCE OF 1319.58 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 00'26'52" WEST ALONG SAID WEST SECTION LINE TO THE SOUTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 11 A DISTANCE OF 28.70 FEET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'33'50" WEST TO SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 107.34 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 75'28'07" WEST TO THE POINT OF A CURVE A DISTANCE OF 129.03 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY 99.20 FEET ALONG THE ARC OF A CURVE TO THE LEFT TO THE EASTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 848 RECEPTION NO. 1769869 WHOSE RADIUS IS 838.11 FEET, CENTRAL ANGLE IS 6'46'54" AND WHOSE CHORD BEARS NORTH 76'29'04" WEST A DISTANCE OF 99.14 FEET; THENCE ALONG SAID EASTERLY LINE NORTH 00'15'03" WEST TO A POINT OF A CURVE A DISTANCE OF 163.54 FEET; THENCE DEPARTING SAID EASTERLY LINE 448.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 995.00 FEET, CENTRAL ANGLE IS 25'49'39" AND WHOSE CHORD BEARS SOUTH 62'45'59" EAST A DISTANCE OF 444.74 FEET; THENCE SOUTH 75'40'49" EAST TO THE WESTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 521 RECEPTION NO. 1442957 A DISTANCE OF 772.84 FEET; THENCE ALONG SAID WESTERLY LINE SOUTH 29'19'46" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 18TH STREET A DISTANCE OF 29.40 FEET; THENCE NORTH 75'41'23" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 543.29 FEET; THENCE SOUTH 1418'41" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 30.91 FEET; THENCE NORTH 75'28'07" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 275.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 63,029.98 sf. OR 1.45 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. 4004606 Pages: 6 of 11 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno.LL Clerk and anndd Re`c'4ordeerrA. Weld County LC0 W ` LEON W. SIEVERS ,III PUN !II.JO ,I'VI�LlSLkrilli H PLS 23520 ITj RIGHT OF WAY WELD COUNTY DEPARTMENT ><86><� OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION SIM ,/ PROJECT ROADIFER UAL_ PROJECT No: SRP-23 SCALE: COUNTY,COLORADO I G Q UY DATE: 8-12-13 DRAWN BY: DRH SHEET: 1 of4 EXHIBIT-A SW 1/4 S12-T5N-R65W SE 1/4 SFT T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN 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 THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-II THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST A DISTANCE OF 1235.64 FEET TO THE POINT OF BEGINNING. THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST TO THE SOUTHERLY RIGHT-OF-WAY OF 18TH STREET A DISTANCE OF 21.84 FEET; THENCE SOUTH 75'28'07" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 259.19 FEET; • THENCE SOUTH 14'18'41" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.60 FEET; • THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 75'40'49" WEST TO THE POINT OF A CURVE A DISTANCE OF 221.95 FEET; THENCE 31.67 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 1'35'56" AND WHOSE CHORD BEARS NORTH 74'52'51" WEST A DISTANCE OF 31.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,397.42 sf. OR 0.12 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 4004606 Pages: 7 of 11 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION i86' OF PUBLIC WORKS WCR 49 EXTENSION PROJECT ROADIFER �� J PROJECT NC: SRP-23 SCALE: WELD COUNTY,COLORADO C O U N T Y DATE: 8-12-13 DRAWN BY: DR SHEET: 2 of • SW 1/4 EXHIBIT-A E /4 SIII-TEN R 5W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, 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. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 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 SAID SECTION 11 AS BEARING SOUTH 00'26'52" EAST A DISTANCE OF 2696.56 FEET TO THE SOUTHEAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-III THENCE SOUTH 88'42'33" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 260.45 FEET; THENCE SOUTH 01'17'27" EAST TO THE NORTHERLY RIGHT-OF-WAY OF HOLLY AVENUE A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 2325'25" WEST TO THE EASTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 848 RECEPTION NO. 1769869 A DISTANCE OF 159.13 FEET; THENCE ALONG SAID EASTERLY LINE NORTH 00'15'03" WEST TO SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 144.58 FEET; THENCE NORTH 88'42'33" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 63.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,619.00 sf. OR 0.11 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 4004606 Pages: 8 of 11 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO IIIIIIII licirht illiM'tridiiIM4 'F:+Tltii11O4,tilyi II II RIGHT OF WAY ' WELD COUNTY DEPARTMENT "g6' OF PUBLIC WORKS ACQUISITION • WCR 49 EXTENSION PROJECT ROADIFER _ T Y ✓ PROJECT NO: SRP-23 SCALE: • WELD COUNTY,COLORADO VL C_q U..N_.I 1 DATE: 8-12-13 DRAWN BY: DRH SHEET: 3 of4 EXHIBIT-A SW I/4 S12-TEN-R65W SE I/4 SII-T5N-R65W IC 1/4 COR 311-T5N-R65W W 1/4 COR 512-T5N-R65W /- __ C 1/4 COR 512-T5N-R65W FND 3 1/4" A.C. FND 2 1/2" A.C. /� .. _ ✓.'' FND 2 1/2" A.C. STMP. PLS#10855 2001 STMP. LS#23501 /- / STMP. LS#22098 zs3s.as'-= -- -2—!"'A-- 6/ -- __DOHA_ / N88'45'11"W- 2690.11 - 566'473YW�T I --- L14 L13 P.0.B. �- R RIGHT—OF—VIIAY -.,. ACQUIRED 1 PARCEL—Ill 4,619.00 sf., OR 0.11 ac.± LINE TABLE 71- -a" xo LINE BEARING DISTANCE I ,� -I- ^ r w oo m --- L1 N00'26'52"W 28.70' 4., '" LoL2 589'33'50"W 107.34' ..-;° - = oo 6 z :^. Q cv 0 .T L3 N75'28'07"W 129.03' Z - Q N�Lap - L4 , N00'15'03"W 163.54' _ -� - CD R x U 3 m ,� LS 329'19'46"W 29.40' 21° ROADIFER Ls s141 a'41"w 30.91' N io, RECP.#2858054 L7 N75.28'07"W 275.01' a. o ¢ L8 N00'26'52"W 21.84' a'm L9 375'28'07"E 259.19' z L=448.52' L10 514'18'41"W 20.60' R=995.00' L11 N75'40'49"W 221.95' /=25'49'39" i L12 S01'17'27"E 30.00' CB=S62'45'59"E L13 523'25'25"W 159.13' C=444.74' L14 NO0'15'03"W 144.58' L15 N88'42'33"E 63.91' RIGHT—OF—WAY / L4 :' r ACQUIRED — PARCEL—I R _ 63,029.98 sf. OR 1.45 ac.t 18th _ 2 - T z L=99.20' 1/16thLCOR L-/ •o.B.L .LST-5.-40'gg.,E 272.84'- -- R ---- - - 1-4 R=838.11' FND #4 REBAR L L9 N75- �— w, X6'46'54" P.o.e. L11 L10 41 W 543.2 9' �� 23" C=99.14' 04"W MAIRno3,R O W \ - - ~ C=99.14' L=1135.00' - BK-1225/RECP//2172374 L5 . L-31.67 A=1'35'56" 6 CO RIGHT-OF-WAY CB=N74'52'51"W eu ACQUIRED — PARCEL—II - --...,I C=31.67' M'� 5,397.42 sf. OR 0.12 ac.± -_, ROADIFER RECP.#285 8054 z - NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND I SURVEY OR LAND SURVEY PLAT. - IT IS INTENDED TO ILLUSTRATE TH� SW CORNER ATTACHED PROPERTY DESCRIPTION S12-T5N-R65W 5 ONLY. FND 2 1/2" A.C. I STMP. LS#25385 1 \ I RIGHT OF WAY WX86' WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS WCR 49 EXTENSION ' PROJECT ROADIFERilarit 4I J PROJECT NO: SRP-23 SCALE:1'=300' WTI [1 MIINTY COI ORADO I 2— C. (I Li N T 4004606 Pages: 9 of 11 DATE: 8-12-13 DRAWN BY: DRH SHEET: 4of4 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO I IIII Mirdiri lUilj,rthill f,WKril:Idihr hillild4 Fi III III • . , EXHIBIT-B 7� SW 1/4 SE /4 SIII T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, AND THE SOUTHWEST ONE-QUARTER OF SECTION 12, BOTH IN 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. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-I THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST A DISTANCE OF 1400.64 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 75'40'49" EAST A DISTANCE OF 213.78 FEET; THENCE NORTH 14'19'11" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 75'40'49" EAST TO THE WESTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 521 RECEPTION NO. 1442957 A DISTANCE OF 643.51 FEET; THENCE SOUTH 29'19'34" WEST ALONG THE WESTERLY LINE OF SAID DEED A DISTANCE OF 41.41 FEET; THENCE DEPARTING SAID DEED NORTH 75'40'49" WEST TO THE POINT OF A CURVE A DISTANCE OF 772.84 FEET; THENCE 199.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 995.00 FEET, CENTRAL ANGLE IS 11'30'26" AND WHOSE CHORD BEARS NORTH 69'55'36" WEST A DISTANCE OF 199.50 FEET; THENCE SOUTH 75'40'49" EAST A DISTANCE OF 124.77 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 30,978.92 sf. OR 0.71 ac. MORE OR LESS. PARCEL-II THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST A DISTANCE OF 1107.71 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SECTION LINE NORTH 00'26'52" WEST TO A POINT OF A CURVE A DISTANCE OF 127.93 FEET; THENCE 20.79 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 1'02'58" AND WHOSE CHORD BEARS SOUTH 74'36'22" EAST A • • DISTANCE OF 20.79 FEET; THENCE SOUTH 00'26'52" EAST A DISTANCE OF 122.25 FEET; THENCE SOUTH 89'33'08" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,501.14 sf. OR 0.06 ac. MORE OR LESS. THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4004606 Pages: 10 of 11 03/26/2014 01:07 PM R Fee:$0.00 LEON W. SIEVERS Steve u Moreno. Clerk)`` and Recorder. Weld Weld IAA. LCO W ` PLS 23520 ,III RIIr1I'��i' I<�ii�l��1 MI'�SP�i�F��Y CO IAA. IhIl Yi III III PERMANENT EASEMENT WELD COUNTY DEPARTMENT `ig61� OF PUBLIC WORKS ACQUISITION -�, WCR 49 EXTENSION �... 1I146;t PROJECT ROADIFER -tAt L_IJ. PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO L-- caUNTYI DATE: 8-12-13 DRAWN BY: DRH SHEET: 1 of2 EXHIBIT-B SW 1/4 S12-T5N-R65W SE 1/4 SII-T5N-R65W 1/4 COR W� 1/4 COR V / S11-T5N-R65W S12-T5N-R65W t ` - C 1/4 COR W FNDSTMP. 3 LS# A.C. ENDSTMP. 2 /2" A.C. -7 `- FND 251 2" A.G.STMP. PLS'10855 2001 STMP. LS#23501 FND 2 1/2" A. STMP. LS#22098 zs39+s' _ HiTO�TT TT `7 { N88'45'11"W 2690.11' 588'4233 W __ __ __ _-_ i�1]Y_] -- I --_-_ _ _ _ _________ /1 ( R , .7r ; . _, o _ �� a 7-,1 x --. `O' z LINE TABLE -.� - v Q l (Di< LINE BEARING DISTANCE p_ L1 S75'40'49"E 213.78' ,- R 3 � L2 N14'19'ii"E 20.00' N O ROADIFER L3 S29'19'34"W 41.41' -,0,0 RECP.#2858J54 L4 575'40'49"E 124.77' o ¢ L5 N00'26'52"W 127.93' Y,. 0'm L6 S00'26'52"E 122.25' z L7 589'33'08"W 20.00' PERMANENT DRAINAGE / EASEMENT PARCEL—I R L4 ' '°.e. 30,978.92 sf. OR 0.71 aat ------ LI L2 18th _ �� z z 'L=199.84 t/tstn coR -- N75* ' 64 v -', - - R=995.00' FND g4 REBAR O4g,.w >72 84,-__ 3 51 L3 811N69 55'36"W LS L6 •- - ;.," C=199.50' L=20.79' P.O.B. EXISTING R.O.W. R=1135.00' a BK-12K-1225/RECPCP i21J23J4- - 6-1,02'56" O MM.03. 1989 __ \ C6=57436'22"E . " PERMANENT DRIVEWAY _ C=20.79' _ 'R EASEMENT — PARCEL—II _---'I 0 2,501.14 sf. OR 0.06 ac.f I— ROADIFER R Ks. _ NOTE: THIS EXHIBIT MAP DOES NOT RECP.#2858054 REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT 6 INTENDED TO ILLUSTRATE TH� P.o.C. _ FF SW CORNER ATTACHED PROPERTY DESCRIPTION512—rsN—Rssw _, ONLY. FND 2 1/2" A.C. STMP. LS/25385 '1/4s1 , WELD COUNTY DEPARTMENT PERMANENT EASEMENT �861 OF PUBLIC WORKS ACQUISITION If �- WCR 49 EXTENSION PROJECT ROADIFER ���� r — ! PROJECT NO: SR -23 SCALE: 1'=300' WFI D COI ATV COLORADO C QQI� N T 2- 4004606 Pages: 11 of 11 I DATE: 8-12-13 DRAWN BY: DRIi SHEET: 2 oft 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO i III Mical14it'iriA{?rill I'I )hYu hti',I' i"N1':.N liiy,ih II III MEMORANDUM G_0 OLIO= TO: Clerk to the Board DATE: April 4, 2014 FROM: Jackie Hernandez-Barrow, Public Works Department SUBJECT: BOCC Consent Agenda RE: Associated with Agreement—Doc#2014-0676—for the WCR 49 Extension Proiect. Deed of Dedication for Public Highway with the Roadifer Revocable Living Trust. Easement Deed of Dedication with the Roadifer Revocable Living Trust. / , /�/ Cc : ?�(Fc ) 0C)7(0 4,9'' 1 4-18-1 EG6o-o EASEMENT DEED OF DEDICATION dna THIS DEED, made this / day of 4r;/ , 2014, between The Roadifer Revocable Living Trust,"Grantor"whose legal address is 3791 East 18th Street,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: Pursuant to an Agreement Dated February 27 ,2014,Grantor,for and inconsideration of the sum of One Thousand, Five Hundred, Forty and no/100 Dollars ($1,540.00) the receipt and sufficiency of which is hereby acknowledged, do hereby dedicate and convey forever unto Grantee and Grantees' heirs,successors,assigns,and personal representatives,free and clear of all liens and encumbrances and warrants title to a perpetual Easement,(hereinafter referred to as the"Easement"), over and across Grantor's real property in Weld County,Colorado,known as 3791 East 18th Street, Greeley,Colorado. The exact location of the Easement is more particularly described on Exhibit A, (legal description)which is attached hereto and by this reference incorporated herein and made a part hereof. Grantees, at Grantees' expense, have constructed, and shall have the right to operate, use, maintain, and repair the slope within the easement and shall have reasonable access thereto. The Easement shall be an easement appurtenant to Grantees' Public Road Right-of-Way,and shall inure to the benefit of Grantees' heirs,successors,assigns,and personal representatives,subject to the conditions set forth herein. All costs associated with the Easement, including surveying, construction, repair, maintenance, and snow removal, shall be borne by Grantees. Grantees' use of the Easement shall be exclusive, and Grantor and Grantor's heirs, successors,assigns,personal representatives,guests,and invitees shall have an equal right to the use of the surface area of the Easement,without interference with Grantees' use thereof, and subject to the provision that any increased costs of repair and maintenance caused by such use shall be borne by the party using the Easement. The mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantors, except as required to sustain the integrity of the Easement. Easement Deed of Dedication Page 1 4008440 Pages: 1 of 5 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIlM��1 Y �dL u:IhL4Y�t �N'�n'�,h14'ri��l�r� 11111 OD/�0l0710 IN WITNESS WHEREOF, Grantor and Grantees have executed this Easement Deed and Agreement this day of , 2014. The Roadifer Revocable Living Trust Cathafine Roadifer - Trustee Date STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this / day of 2014, by Catherine Roadifer, Trustee. Witness my hand and official seal. 1 , ott Pu lic My commission expires: e 72- 20% 7 JACQUEUNE HERNANDEZ-BARROW NOTARY PUBLIC �NSppTATE OF COLORADO M'lOJ rfION IFXRI SA 5123/17,3017 Easement Deed of Dedication Page 2 4008440 Pages: 2 of 5 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■���kMi lkilffleiiA:hii;11:UYi ifilALICIA1 III 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 day of 4r / , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: t:x.9s Loo �[�vno Jh� C1`t C1 , ,/ ; L Douglas Rademac er, Chair Weld County-Clerk to the Board (•C APR 0 9 2014 BY Deputy Qa dC , 41 Afr ',_,,,, D uty Clerk to the Board tt6t >*' a ` it r STATE OF COLORADO ) ***. owe ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7 day of Adrie/ 2014, by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. �Th _ BROWN No ary P b is NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010751 My commission expires: z -2.2 - MY COMMISSION EXPIRES FEBRUARY 22,2017 Easement Deed of Dedication Page 3 4008440 Pages: 3 of 5 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IlIM��11 7fib iili1/47101.1,1kIiiicdI'gK+til+ lii& IIIIII aoiy o676 EXHIBIT-A SW 1/4 S12-T5N-R65W SE 1/4 SII-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, AND THE SOUTHWEST ONE-QUARTER OF SECTION 12, BOTH IN 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. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-I THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST A DISTANCE OF 1400.64 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 75'40'49" EAST A DISTANCE OF 213.78 FEET; THENCE NORTH 14'19'11" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 75'40'49" EAST TO THE WESTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 521 RECEPTION NO. 1442957 A DISTANCE OF 643.51 FEET; THENCE SOUTH 29'19'34" WEST ALONG THE WESTERLY LINE OF SAID DEED A DISTANCE OF 41.41 FEET; THENCE DEPARTING SAID DEED NORTH 75'40'49" WEST TO THE POINT OF A CURVE A DISTANCE OF 772.84 FEET; THENCE 199.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 995.00 FEET, CENTRAL ANGLE IS 11'30'26" AND WHOSE CHORD BEARS NORTH 69'55'36" WEST A DISTANCE OF 199.50 FEET; THENCE SOUTH 75'40'49" EAST A DISTANCE OF 124.77 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 30,978.92 sf. OR 0.71 ac. MORE OR LESS. PARCEL-II THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST A DISTANCE OF 1107.71 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SECTION LINE NORTH 00'26'52" WEST TO A POINT OF A CURVE A DISTANCE OF 127.93 FEET; THENCE 20.79 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 1'02'58" AND WHOSE CHORD BEARS SOUTH 74'36'22" EAST A DISTANCE OF 20.79 FEET; THENCE SOUTH 0026'52" EAST A DISTANCE OF 122.25 FEET; THENCE SOUTH 89'33'08" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,501.14 sf. OR 0.06 ac. MORE OR LESS. THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGEN\T\\QMIDIIIII, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. Pp.:',Ot (i // f/S/c<,G F9 23520 LEON W. SIEVERS ;% PLS 23520 '•.2 ` � .,, `✓g1*LFS 9k PERMANENT EASEMENT yr X861 y WELD CF • ACQUISITION OF PUBLIC WORKS �-. WCR 49 EXTENSION 4 = PROJECT ROADIFER PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO COUNTY---e&, 4008440 Pages: 4 of 5 DATE: 8-12-13 DRAWN BY: DRH SHEET: 1 oft 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO 101 I% IN' 11III EXHIBIT-A SW 1/4 S12-T5N-R65W SE 1/4 S11-TSN-R65W 1/4 COR !I 1/4 COR / S11-TSN-R65W 512-TSN-R65W C 1/4 COR FND 3 1/4" A.C. FND 2 1/2" A.C. ,� DPG FARMS 512-TSN-R65W SNP. PLS�"10855 2001 STMP. L /2------ FND 2 5j2 A5 2839.48' _——_— -- - u� q/— N88'45'11"W 2690.11' STMP. L /22098 58 ' 753 W ___—_____ _ 11VL]Ll �- 1 _ _ V _ _ _ ___—_ ,1 I COX ;NI- R SF 1 4 I S11-15.\-R6S W Lc. >.' ;o CG 0 511'1.? a 512-7JA-R65W 0aa w n � c� >„ t x pa I Z LINE TABLE H ;i, r 0 Ala LINE BEARING DISTANCE '2 ",/ CM w L1 S75'40'49"E 213.78' c4 m R U , 0 ROADIFER L2 N14.19'11"E 20.00' L3 529'19'34"W 41.41' to.u) RECP.#2858054 L4 575.40'49"E 124.77' w NI¢ L5 N00'26'52"W 127.93' ^ 8.0 Ntl!I! !U ii L6 S00'26'52"E 122.25' `\\�P0) R,Q/ //0 L7 589'33'08"W 20.00' woe.lYr. •P'.9� '.- F9 O • E_ • 23520 : = � . f` 742A. LAP �,. PERMANENT DRAINAGE �y,11111,,1�"' EASEMENT - PARCEL-I L4 .O.a 30,978.92 sf. OR 0.71 ac.± 18th _ L1 L A uu R=995.00' 4FFiD t/4 REBAR - ----_,#0,6'40 49"ly 2jZ E 6431„ -- CB/Ox GH 21 w 4=11'30'26" L5 L6 64 L3 RI(P No 1442957 ,- 0 CB=N69'55'36"W tt < C=199.50' _.L S .. L=20.79' P.O.B. E R=1135.00' -*do K-122 8K-122. 1989.RI)2P4 _ 4=1'02'58" MAR. oa 1989 ' CB=57436'22"E V I. PERMANENT DRIVEWAY C=20.79' 'r- EASEMENT - PARCEL-II --� 2,501.14 sf. OR 0.06 ac.± BARR '� CLOUGH BOOK ill ROADIFER R REce:vo. 1442957 I J NOTE: THIS EXHIBIT MAP DOES NOT RECP.#2858054 REPRESENT A MONUMENTED LAND 04 SURVEY OR LAND SURVEY PLAT. E-- IT IS INTENDED TO ILLUSTRATE TH� P.O.C. El SW RNR ATTACHED PROPERTY DESCRIPTION , S 2CT05NER65W O ONLY. ``�� FND 2 1/2" A.C.C. STMP. L5;25385 I \ I PERMANENT EASEMENT • 86 WELD COUNTY DEPARTMENT •ACQUISITION ��_ X ' OF PUBLIC WORKS V1 WCR 49 EXTENSION C PROJECT r LP �. ROADIFER I\4 C 'z "1 PROJECT NO: SRP-23 SCALE: 1'=300' WELD COUNTY,COLORADO I * COUNTY ,V 4008440 Pages: 5 of 5 DATE: 8-12-13 DRAWN BY: DRH SHEET: 2 oft 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO •IIINFJP,+12iiiMIRWV «;CM1/2,MhIA+JAI III DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this 9 day of Atrt,/ , 2014, between The Roadifer Revocable Living Trust, "Grantor" whose legal address is 1791 East 18th Street, 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 inconsideration of the sum of Ten Dollars and no/100 ($10.00) 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 Highway,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 or associated with said property,except as required to sustain the integrity of the Public Highway The Roadifer Revocable Living Tr sd t Catherine Roadifer- Trustee Date JACQUEUNE HEE -BARROW NOTARY 0 STATE OF COLORADO ) STATE OF COLORADO ��11pTARP ID 2013A051237 ) ss. WC0MIISSgN O(POiESM1GU8T 1;1017 COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1-1 day of J 2014, by Catherine Roadifer—Trustee. Witness my hand and official seal. ceM nrL3'_Jcwti.� Not Public My commission expires: a - 20/7__ J Page 1 oft pages 4008441 Pages: 1 of 6 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County.. CO ltirii� � tiww'11Y!l,h�nKlElYlr�, 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 dedication of property as a Public Highway (Public Right-of-Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this / day of 12)Q)"i , 2014 Jed ATTEST: ;6k COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF � � S K+c4,e, ATE OF COLORADO THE COUNTY OF WELD SWS Vii:al=Ra �1 BY: ®I ' 1 : �rn (9-,, ka ire M De tuty Clerk to the Board � Douglag Rademacher, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD APR 0 9 2014 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) me fti ,P/3� The foregoing instrument was acknowledged before this 9` day of 2014, by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. e ( Net�ry u li . SUSAN BROM My commission expires: e —22—\q- NOTARY PUBLIC STA t Jr C.,_ORADO NOTARY ID 20134010751 Page 2 of 2 pages MY COMMISSION EXPIRES FEBRUARY 22,2017 4008441 Pages: 2 of 6 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld VIII�I�11�1 //Iid:l��'ki I'll IN4l�'#kL'ii4WlhIIIIIIIII a®/y e ?? EXHIBIT-A SW 1/4 S12-T5N-R65W SE 1/4 SII T5N R 5W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, AND THE SOUTHWEST ONE-QUARTER OF SECTION 12, BOTH IN 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. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-I THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST TO THE NORTHERLY RIGHT-OF-WAY OF 18TH STREET A DISTANCE OF 1319.58 FEET TO THE POINT OF BEGINNING THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 0026'52" WEST ALONG SAID WEST SECTION LINE TO THE SOUTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 11 A DISTANCE OF 28.70 FEET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'33'50" WEST TO SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 107.34 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 75'28'07" WEST TO THE POINT OF A CURVE A DISTANCE OF 129.03 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY 99.20 FEET ALONG THE ARC OF A CURVE TO THE LEFT TO THE EASTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 848 RECEPTION NO. 1769869 WHOSE RADIUS IS 838.11 FEET, CENTRAL ANGLE IS 6'46'54" AND WHOSE CHORD BEARS NORTH 76'29'04" WEST A DISTANCE OF 99.14 FEET; THENCE ALONG SAID EASTERLY LINE NORTH 00'15'03" WEST TO A POINT OF A CURVE A DISTANCE OF 163.54 FEET; THENCE DEPARTING SAID EASTERLY LINE 448.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS IS 995.00 FEEL CENTRAL ANGLE IS 25'49'39" AND WHOSE CHORD BEARS SOUTH 62'45'59" EAST A DISTANCE OF 444.74 FEET; THENCE SOUTH 75'40'49" EAST TO THE WESTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 521 RECEPTION NO. 1442957 A DISTANCE OF 772.84 FEET; THENCE ALONG SAID WESTERLY LINE SOUTH 29'19'46" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 18TH STREET A DISTANCE OF 29.40 FEET; THENCE NORTH 75'41'23" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 543.29 FEET; THENCE SOUTH 14'18'41" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 30.91 FEET; THENCE NORTH 75'28'07" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 275.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 63,029.98 sf. OR 1.45 ac. MORE OR LESS.THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS ,' vTRIe8/W AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. Lp J • 23520 LEON W. SIEVERS '/ Z.' Z-J� ���,�•• ' PLS 23520 � ��.1•/�i:S • • O`'.�� "1T AL Lnr$J cD, "IWEtD COUNTY DEPARTMENT RIGHT OF WAY OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT ROADIFER PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO COUNTY 4008441 Pages: 3 of 6 DATE: 8-12-13 DRAWN BY: DRH SHEET: 1 of4 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IlUMI�1G�L'�lidliNICKNKINfillI IW,tiILyi, 11111 EXHIBIT-A SW 1/4 S12-T5N-R65W SE 1/4 SII-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN 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 THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-II THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST A DISTANCE OF 1235.64 FEET TO THE POINT OF BEGINNING. THENCE ALONG SAID WEST SECTION LINE NORTH 00'26'52" WEST TO THE SOUTHERLY RIGHT-OF-WAY OF 18TH STREET A DISTANCE OF 21.84 FEET; THENCE SOUTH 75'28'07" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 259.19 FEET; THENCE SOUTH 14'18'41" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.60 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 75'40'49" WEST TO THE POINT OF A CURVE A DISTANCE OF 221.95 FEET; THENCE 31.67 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 1135.00 FEET, CENTRAL ANGLE IS 1'35'56" AND WHOSE CHORD BEARS NORTH 74'52'51" WEST A DISTANCE OF 31.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,397.42 sf. OR 0.12 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 ;3.-c PLS 23520 'C, RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS \ ti _� WCR 49 EXTENSION PROJECT ROADIFER `-' "� PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO I CaUNT---TY 4008441 Pages: 4 of 6 DATE: 8-12-13 DRAWN BY: DRH SHEET: 2 of4 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■0i EXHIBIT-A SE /4 SIII T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, 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. 2858054 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 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 SAID SECTION 11 AS BEARING SOUTH 00'26'52" EAST A DISTANCE OF 2696.56 FEET TO THE SOUTHEAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; PARCEL-III • • THENCE SOUTH 88'42'33" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A • DISTANCE OF 260.45 FEET; THENCE SOUTH 01'17'27" EAST TO THE NORTHERLY RIGHT-OF-WAY OF HOLLY AVENUE A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 23'25'25" WEST TO THE EASTERLY LINE OF A DEED THAT IS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 848 RECEPTION NO. 1769869 A DISTANCE OF 159.13 FEET; THENCE ALONG SAID EASTERLY LINE NORTH 00'15'03" WEST TO SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 144.58 FEET; THENCE NORTH 88'42'33" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 63.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,619.00 sf. OR 0.11 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. LEOPLSSN W.235 01EVERS l'IJ\O\\ACC' PEG/Si /, • 23520 2, i RIGHT OF WAY _� � , �/��y WELD COUNTY DEPARTMENT ACQUISITION X86- F` OF PUBLIC WORKS ��I), �r �� WCR 49 EXTENSION _��� PROJECT ROADIFER �� �l PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO I 'C_p lJ T - 4008441 Pages: 5 of 6 DATE: 8-12-13 DRAWN BY: DRH SHEET: 3 of4 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO El M!:MN URI.li 41,1060 Viii iii01,411111 EXHIBIT-A SW I/4 S12-15N-R65W SE I/4 SII-15N-R65W R 5W C 1/4 COR S11-T5N-R65W I W 1/4 COR 512-T5N-R65)1/7 / C 1/4 COR S12-T5N-R65W [FND 3 1 4" A.C. I FND 2 1 2" A.C. / ,- DPG FARMS FND 2 1/2" A.C. STMP. PLS#10855 2001 STMP. LS#23501_/-' 7 STMP. LS#22098 • 2639.46' _ - 2_61: 1•81_ _ N88.45'11"W 2690.11 _-_ '4233-- _11Vt]l.- ---f_ —_—_ r_I/� L14 , L13 P.O.B. P -1---- COX R S7i/.4 RIGHT-OF-WAY I 511-1.5\ ROc0 ACQUIRED --11 PARCEL-Ill 4,619.00 sf.! OR 0.11 ac.± I LINE TABLE Chi SN'1:4 LINE BEARING DISTANCE I .S12-754-265 0" O U -4 $ rLQ oo L1 N00'26'52"W 28.70' , . o Io Z L2 589'33'50"W 107.34' H IL p � Q � Q cA L3 N75'28'07"W 129.03' '� .. `' Q NI w L4 NOO'15'03"W 163.54' _ CC ° x ' R ° U 3�m ROADIFER L5 529'19'46"W 29.40' < <`+I6 L6 514'18'41"W 30.91' In RECP.# 558054 L7 N75'28'07"W 275.01' oCN Im �l1vUIII 1111 LS NO0'26'52"W 21.84' O, L=448.52' Z I ���J\\��P0 p • ii, L9 S75'28'07"E 259.19' ji /� •„<<;.‘"2,.> _L10 514'18'41"W 20.60' R=995.00' tics-\‘',0 L11 N75'40'49"W 221.95' A=25•49'39" -PI' CB=S62'45'59"E I • 23520 W• a-, L12 501' 30.00' L13 523'25'25"W 159.13' C=444.74' - L14 NO0'15'03"W 144.58' ?�s,Z;ZS_t/ L15 N88'42'33"E 63.91' 4, •.L LA S'\'\I ` ' ,;: II MIGHT-OF-WAY L' 4xr,,. ACQUIRED - PARCEL-I R 63,029.98 sf. OR 1.45 ac.t 18th jt " .a:� z Li L-99.20' 1/16th C0R Lei •o•B.�L '4o'as"E »z.g4.- --- CLOUGH z J R=838.11' BND µ REBAR L 9 N7 ROOK 521 1 y D=6'46'54" P.O.B. L11 L10 547'2 "W 5..'.::, 2ECP NO 1442957 ..1 CB=N76'29'04"W 43.29• ';L5 v C=99.14' J'EXISTING R.O.W. -. 1 T E R=1135.00 o'_ BK-1225/RECP.#2172374 _ MAR. 03, 1989 --'\ A=1'35'56" a"c° • RIGHT-OF-WAY CB=N74'52'51'W I,"'1 ACQUIRED — PARCEL—II C=31.67' 5,397.42 sf. OR 0.12 ac.± _ BARR I� ROADIFER CLOUGH I I ROOK 521 RECP.#2858054 it HE:CP NO. 1442957 U NOTE: THIS EXHIBIT MAP DOES NOT ' REPRESENT A MONUMENTED LAND i N SURVEY OR LAND SURVEY PLAT. =- IT IS INTENDED TO ILLUSTRATE THE SW CORNER '/1 ATTACHED PROPERTY DESCRIPTION 512-T5N-R65W y ONLY. FND 2 1/2" A.C. IO STMP. LS#25385 I \ I RIGHT OF WAY WELD COUNTY DEPARTMENT '86' ACQUISITION OF PUBLIC WORKS WCR 49 EXTENSION PROJECT ROADIFER PROJECT NO: SRP-23 SCALE: 1'=300' WELD COUNTY,COLORADO G G U�l 4008441 Pages: 6 of 6 DATE: 8-12-13 DRAWN BY: ORH SHEET: 4of4 04/11/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO III learillihiMI*L'Alli ILINfiF.1,Mil iiii ILA II III Hello