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Home My WebLink About20141926.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 (SE-1004) 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 SE-1004, 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. 2014-1926 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 D COUNTY, COLORADO ATTEST,` C1 L lcetawncw' �+W/ G' .I�p�� ,nc Douglas PRademach r, Chair Weld County Clerk to the Board `rbara Kirkmey r, Pro-Te BY: .�ty Clerk to the Bo iii `.ql='tea ■�� S =n P. Conway APP D M: • ike Freeman ounty Attorney EXCUSED William F. Garcia Date of signature: 1 17 2014-1926 EG0070 I , = 6= MEMORANDUM,_ f 'i P!1 lei TO: Clerk to the Board DATE: June 20, 2014 CC5UNTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: ROW/TE, SE-1004 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\Francie\AGENDA memos\Agenda-Leon-I.doc 2014-1926 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 THIS AGREEMENT is made this a?5 day of OLu.N.P „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 Fifteen Thousand Three Hundred Fifty Eight and no/100 Dollars,($15,358.00).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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 1 4035685 Pages: 1 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO !AM MIA Ill III a©/y-/9d? 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 Six Hundred Seventy Eight and no/100 Dollars,($678.00). 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. 11. Owner shall salvage the existing home by way of relocating the home to a different location on the parcel.The home shall be relocated prior to September 1,2014.There Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 2 4035685 Pages: 2 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, Co Sill ' .'Haar 1I4 'h4lltiht 11111 is no cost to the County for this relocation. Owner will allow sufficient area so to allow County to remove and backfill the basement. The existing tenant will not be allowed to remain in the house after the closing date of August 1, 2014. 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 One Hundred Sixth Five Thousand One Hundred Eighty Nine and no/100 dollars ($165,189.00) for the purchase of the existing home located in the Public Road Right-of-Way shown and/or described on Exhibit "A". 6. County will reimburse the Owner the sum of Six Thousand One Hundred Thirty Eight and no/100 dollars ($6,138.00) for the cost of surveying and preparing a new Subdivision Exemption parcel and the costs needed to secure the necessary approvals. 7. County shall remove the existing basement and backfill with compaction. County will plug the existing sanitary sewer line before backfilling. 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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 3 4035685 Pages: 3 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 r1MIN N riarhilk31.10,1 r, 11111 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. 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 By: Title: caner Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 4 4035685 Pages: 4 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII p r114h i,ig i rITINI Eh Bill BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • ATTEST: C/ ;� JC,�o ougla Rademacher, Chair �..+.� JUN 2 5 2014 Weld County Clerk to the Board 'Es La BY .� �.L�_. I(I]L� a'1/42 eiuty Clerk to the Board 1*6t �: � Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 5 4035685 Pages: 5 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Weal' mtritPt'ALI J4� *Pi: me:, iyi, 11111 a©ty /za� 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 THE CORRECTED SUBDIVISION EXEMPTION NO. 1004 (SE-1004) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190932 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 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 EIGHT (8) COURSES; 1. THENCE 266.57 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 48'30'49" AND WHOSE CHORD BEARS NORTH 65'48'09" WEST A DISTANCE OF 258.68 FEET; 2. THENCE NORTH 41'32'44" WEST A DISTANCE OF 170.18 FEET TO A NON TANGENT POINT OF CURVE TO THE RIGHT; 3. THENCE 21.54 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1527.31 FEET, CENTRAL ANGLE IS 00'48'28" AND WHOSE CHORD BEARS NORTH 41'55'53" WEST A DISTANCE OF 21.54 FEET AND BEING THE POINT OF BEGINNING 4. THENCE CONTINUING ALONG THE SAME CURVE TO THE RIGHT 91.44 FEET ALONG THE ARC OF THE CURVE WHOSE RADIUS IS 1527.31 FEET, CENTRAL ANGLE IS 03'25'49" AND WHOSE CHORD BEARS NORTH 44'04'09" WEST A DISTANCE OF 91.43 FEET; 5. THENCE NORTH 48'32'33" EAST A DISTANCE OF 24.51 FEET; 6. THENCE NORTH 41'27'27" WEST A DISTANCE OF 168.41 FEET; 7. THENCE SOUTH 49'14'42" WEST A DISTANCE OF 27.60 FEET; 8. THENCE NORTH 41'29'59" WEST A DISTANCE OF 2.86 FEET; THENCE NORTH 50'34'33" EAST A DISTANCE OF 80.69 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 235.35 FEET; THENCE SOUTH 29'07'14" WEST TO A POINT ON SAID EXISTING RIGHT-OF-WAY A DISTANCE OF 74.44 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 14,683.25 sf. OR 0.34 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAYWELD COUNTY DEPARTMENT ATN J861t OF PUBLIC WORKS WCR 49 EXTENSION PROJECT BORYS CORR. SE-1004 G N T Y r PROJECT NO: SRP-23 SCALE: OO WELD COUNTY,COLORADO I DATE: 8-2-13 DRAWN BY: JHB SHEET: 1 of2 4035685 Pages: 6 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO viii Iir1I I# Li1:kJW II IcKi 'kid 111111 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 (IALL-1RWIN SURVEY OR LAND SURVEY PLAT. FND 3Y4" ALUM. CAP IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. AGGRNG. INC. ATTACHED PROPERTY DESCRIPTION JONES LS#22O98 ONLY. -- -- X6 Line-- - - ---� 1IAL.L-IRW I N LINE TABLE ,(GREG INC. LINE BEARING DISTANCE L1 N41'32'44"W 33.51' rn L2 N19'19'13"E 78.00' o3 L3 N41'32'44"W 136.67' I S/2-155-R6511 cco!? L4 N29'O7'14"E 74.44' N'a L5 540'41'03"E 107.34' 41 L6 N48'32'33"E 24.51' EXISTING R.O.W. 01 RD.BK.1/PG.153 Diu. L7 N41'2727"W 168.41' NOV. 18, 1872 O LS 549'14'42"W 27.60' N L9 N41'29'59"W 2.86' BK-1232 o in RECP.#217975O O a L1O N5O'34'33"E 80.69' MAY 16, 1989 z,m L11 S4O'41'O3"E 235.35' EXISTING R.O.W. BK-1256 RICHARD M.)( RECP.#22O5381 FEB. 14, 1990 BORYS N R, Seta R \. S72-115 N-R6 5 if LOT A/CORR. RE-3651 icp \ RECP.#319O933 LOT B/CORK. RE-3651 1� RECP. RECP.#319O933 N �� #3886678 RICHARD M. BORYS `� CORR,SE-1OO4 ciL, I/7r \ < 3, RECP.#319O932 CURVE TABLE !../1C#LENGTH RADIUS DELTA CHD B CHD Cl 39.54' 314.83' 07'11'42" N86'27'43"W 39.51' `, C2,227.04' 314.83' 41'19'07" N62'12 18"W 222.15' C3 279.61' 3430.00' O4'4O'15"S43'38'49"E 279.54' RIGHT-OF-WAY CS C4 21.54' 1527.31' OO'48'28"N41'55'53"W 21.54' ACQUIRED C5 37.56'3430.00'OO'37'38"S4O'59'52"E 37.55' 14,683.25 sf. P.0.6.‘ C' C+ OR 0.34 oc.t \�� C6 91.44' 1527.31' O3'25'49"N44'O4'O9"W 91.43' �� C7 266.57' 314.83'48'3O'49"N65'48'O9"W 258.68' N. \NRI1CII C) 29.99' --WC-R 58 -- - WELD COIN 1Y 'N -1 - P.O.C. S 1/4 COR S12/45N-R65W FND 2J¢" ALUM IN TS IN,IINCI (GROUP N I CAPSTAMPED POWERS ELV. LS#9585 BUSCl-i RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 .v OF PUBLIC WORKS WCR 49 EXTENSION PROJECT BORYS CORR. SE-1004 Got) N T Y PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO I DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 of 4035685 Pages: 7 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIIN1FaNIWIWEIVrJii'1t1nLIM'M Y40,� 111111 EXHIBIT-B SW I/4 5I2-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 THE CORRECTED SUBDIVISION EXEMPTION NO. 1004 (SE-1004) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190932 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING 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 RIGHT-OF-WAY 39.53 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 0711'39" AND WHOSE CHORD BEARS NORTH 86'27'44" WEST A DISTANCE OF 39.50 FEET TO A NON TANGENT POINT OF CURVE TO THE RIGHT; THENCE 317.17 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 05'17'53" AND WHOSE CHORD BEARS NORTH 43'19'59" WEST A DISTANCE OF 317.05 FEET; THENCE NORTH 40'41'03" WEST A DISTANCE OF 107.34 FEET AND BEING THE POINT OF BEGINNING THENCE NORTH 40'41'03" WEST A DISTANCE OF 235.35 FEET; THENCE NORTH 50'34'33" EAST A DISTANCE OF 80.00 FEET; THENCE SOUTH 40'40'31" EAST A DISTANCE OF 50.01 FEET; THENCE SOUTH 50'34'33" WEST A DISTANCE OF 69.99 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 165.07 FEET; THENCE NORTH 49'36'30" EAST A DISTANCE OF 70.03 FEET; THENCE SOUTH 40'40'31" EAST A DISTANCE OF 4.75 FEET; THENCE SOUTH 47'13'50" WEST A DISTANCE OF 43.77 FEET; THENCE SOUTH 29'07'14" WEST A DISTANCE OF 38.67 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,382.45 sf. OR 0.15 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT TEMPORARY 1861 �+ OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT BORYS CORK. SE-1004 Wfl PROJECT NO: SRP-23 SCALE: IWELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JHB SHEET: 1 oft 4035685 Pages: 8 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell ricrlunkriiV iiEki.MARyiIGiGk?'NOi 11111 EXHIBIT-B SW 1/4 S12-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND S12-75N-R65W IIALI.IRW'IN SURVEY OR LAND SURVEY PLAT. FND 3Y4" ALUM. CAP AI,GRI,G INC. IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. Y16 Line----- - - - - LINE TABLE LINE BEARING DISTANCE IIALL-IRWIN L1 N19'19'13"E 11.48' AGGREG, INC. ' L2 N40'41'03"W 107.34' .03 L3 N29'07'14"E 38.67' °i L4 N47'13'50"E 43.77' NIr L4 N 8 Sl'-1:S:G-RG91b" Niz LS 540'41'03"E 35.25' Nice-is L6 549'36'30"W 70.03' w L7 840'41'03"E 87.39' EXISTING R.O.W. 3 m LS N40'41'03"W 235.35' RD.BK.1/PG.153 "0�8 L9 N50'34'33"E 80.00' NOV. 18, 1872 o L10 S40'40'31"E 50.01' BK-1232 RECP.#217975O 0 m L71 850'34'33"W 69.99' MAY 16, 1989 z, L12 S40'41'03"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 /\X'\/ FEB. 14, 1990 BORYS \ \,, F h! N S12-15.\-R6i iV '\ LOT A/CORR. RE-3651 RECP.#3190933 ��.12 v., ('o RECP. RICHARD M. BORYS #3886678 \ � ��• `�, ORR.SE-1004 /' LOT B/CORR. RE-3651 \ RECP.#3190932 't RECP.#3190933 L14 ` `,2 C;, NiND CURVE TABLE TEMP. ESMT.‘, ry C#LENGTH RADIUS DELTA CHD B CHD C1 23.38' 314.83' 04'15'18" N87'55'55"W 23.37' ACQUIRED \ C2 16.16' 314.83' 02'56'24"N84'20'08"W 16.15' O C3 279.61' 3430.00'04'40'15"N43'38'49"W 279.54' 0.15 OR 0.15 ac.t a '� - C4 297.11' 3420.00'04'58'39"543'42'21"E 297.00' \ CS 39.53' 314.83'.071 N86'27'44"W 39.50' L7 iC6 37.56'3430.00'00'37'38"N40'59'52"W 37.55' _ R C7 31.81' 3420.00'00'31'58" S40'57'02"E 31.81' O ZS7 R EI{ H \, �I I CB 317.17' 3430.00'05'17'53"N43'19'59"W 317.05' C8 , C2' (C3&C6) \ � .�' „ 1 29.99__________________ _ w WCR 58 - WUD ( OC 1Y \ C5 i - - - 2)c. ALUM - - I'�.Y('5"1'Y9[.S. I GROUPVCt&C2)I P.O.C. S 1/4 COR S12r15N-R65W FND 2) ALUM V I CAPSTAMPED POWER ELV. LS#9585 BOSC}-1 WELD COUNTY DEPARTMENT TEMPORARY W EASEMENTS OF PUBLIC WORKS WCR 49 EXTENSION PROJECT BORYS CORR. SE-1004 N T Y PROJECT NO: SRP-23 SCALE: 1"=200 _GOu WELD COUNTY,COLORADO I DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 oft 4035685 Pages: 9 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii Mildl�K'i�ad6i1�4 a: *m IT iI r Llah1Yi, Bill DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 1 day of IUGusf,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-Pr Date -SY P0 IN �4t CHERI 1 to STATE OF COLORADO ) ? 1 KERN 1 5 ss. IINi�'•., ;:'phi COUNTY OF WELD ) tttq\F Of CU. %.., The foregoing instrument was acknowledged before me this I •ay of r4 u.S.Ust— , 2014, by Richard Borys. Witness my hand and official seal. LNotary Public My commission expires: 8/2c/1 Deed of Dedication Page 1 C Pri a 4008/2037145 Pages: 1 of 4 �` ... .I. 00 Steve Moreno, 0Cler PM R order, el �,¢� �' Steve Moreno, Clerk and Recorder, Weld County, CO g. - G - iy no ronvoiroaxioivimi vim f ilih LIvi BIM I Avg- /9a<0 i 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). / 7x Dated this 0 — day of Xi!{p/,/sf , 2014. ccJJ BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO ATTEST: W ; L 1 •pf gi j de acher, Chair Weld Coun Clerk to B AUG 0 6 2014 ty e oar 1%61 •' BY Deputy Cler o the Board F., "°a l STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1_(-day of Ulf t- , 2014, bycl l 10 A , Chair, Board of County Commissioners of the County oV Weld. Witness my hand and official seal. RAFAELA ALICIA MARTINEZ — • NOTARY PUBLIC *L � p1� A�,, STATE OF COLORADO ry Public J NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2018 my commission expires: jakticaui 22, 20/8 Deed of Dedication Page 2 4037145 Pages: 2 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■ll *INPIAnK,V1 11 III EXHIBIT-A SW I/4 5I2-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 THE CORRECTED SUBDIVISION EXEMPTION NO. 1004 (SE-1004) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190932 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 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 UNE OF 18th STREET AND BEING A NON TANGENT POINT OF CURVE; THENCE CONTINUING ALONG SAID EXISTING RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8) COURSES; 1. THENCE 266.57 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE RADIUS IS 314.83 FEET, CENTRAL ANGLE IS 48'30'49" AND WHOSE CHORD BEARS NORTH 65'48'09" WEST A DISTANCE OF 258.68 FEET; 2. THENCE NORTH 41'32'44" WEST A DISTANCE OF 170.18 FEET TO A NON TANGENT POINT OF CURVE TO THE RIGHT; 3. THENCE 21.54 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 1527.31 FEET, CENTRAL ANGLE IS 00'48'28" AND WHOSE CHORD BEARS NORTH 41'55'53" WEST A DISTANCE OF 21.54 FEET AND BEING THE POINT OF BEGINNING 4. THENCE CONTINUING ALONG THE SAME CURVE TO THE RIGHT 91.44 FEET ALONG THE ARC OF THE CURVE WHOSE RADIUS IS 1527.31 FEET, CENTRAL ANGLE IS 03'25'49" AND WHOSE CHORD BEARS NORTH 44'04'09" WEST A DISTANCE OF 91.43 FEET; 5. THENCE NORTH 48'32'33" EAST A DISTANCE OF 24.51 FEET; 6. THENCE NORTH 41'27'27" WEST A DISTANCE OF 168.41 FEET; 7. THENCE SOUTH 4914'42" WEST A DISTANCE OF 27.60 FEET; 8. THENCE NORTH 41'29'59" WEST A DISTANCE OF 2.86 FEET; THENCE NORTH 50'34'33" EAST A DISTANCE OF 80.69 FEET; • THENCE SOUTH 40'41'03" EAST A DISTANCE OF 235.35 FEET; THENCE SOUTH 29'07'14" WEST TO A POINT ON SAID EXISTING RIGHT-OF-WAY A DISTANCE OF 74.44 FEET AND BEING THE POINT OF BEGINNING SAID PARCEL CONTAINS 14,683.25 at OR 0.34 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 V>� l86� WELD COUNTY DEPARTMENT OF WAY ACQUISITION OF PUBLIC WORKS {, WCR 49 EXTENSION PROJECT BORYS `'� - � rPR0JECT NO: SRP-23 SCALE: CORR. SE-1004 I N T'/ - GO WELD COUNTY,COLORADO l DATE: 8-2-13 DRAWN BY: JHBISHEET: 1 oft 4037145 Pages: 3 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��iiPartin NISIKINkX'+iN 'J'MAIM WIN, 11111 EXHIBIT-A SW I/4 SI2-T5N-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. 1fe Line------ ---1 HALL-IRWIN LINE TABLE AGGREG. INC. LINE BEARING DISTANCE L1 N41'32'44"W 33.51' l to col L2 N19'19'13"E 78.00' SW l/d 08 L3 N41'32'44"W 136.67' S/2-T5\ R65W coz L4 N29'07'14"E 74.44' nitre a L5 S40'41'03"E 107.34' w L6 N48'32'33"E 24.51' EXISTING R.O.W. 3 m L7 N41'27'27"W 168.41' RD.BK.1/PG.153 0 O NI NOV. 18, 1872 LB 849'14'42"W 27.60' BK-1232 b y tPI 0 L9 N41'29'59"W 2.86' RECP.#2179750 ola L10 N50'34'33"E 80.69' CD MAY 16, 1989 z, L11 540'41'03"E 235.35' EXISTING R.O.W. BK-1256 RICHARD M. RECP.#2205381 FEB. 14, 1990 BORYS V B. ,SE 1/8 It V \ .513-T5N-R65W ` \ LOT A/CORR. RE-3651 j % \\ RECP.#3190933 LOT B/CORR. RE-3651 �f; ! RECP. RECP.#3190933 \ J'J, #3886678 7-U RICHARD M. BORYS � CORR.SE-1004 &\ RECP.#3190932 N jCURVE TABLE � LENGTH RADIUS DELTA CHD B CHD 1 39.54' 314.83' 0711'42" N8627'43"W 39.51' ` �. C2 227.04' 314.83' 4119'07" N62'12'18"W 222.15' , C3 279.61' 3430.00' 04'40'15"543'38'49"E 279.54' RIGHT—OF—WAY <'. C4 21.54' 1527.31' 00'48'28"N41'55'53"W 21.54` ACQUIRED C5 37.56'3430.00'00'37'38"540'59'52"E 37.55` 14,683.25 sf. P.O.B.% \�j I C6 91.44' 1527.31' 03'25'49"N44'04'09"W 91.43' OR 0.34 ac.± \ O C7 266.57' 314.83'48'30'49"N65'48'09"W 258.68' /0 OESTREICH 29.99' -_ - --VER 58 ---------- _ WELD COUNTY \ -�- - -------- _ i i P.O.C. S 1/4 COR S1245N—R65W FND 2X's ALUM INVESTMENT GROUP \ I CAPSTAMPED POWERS ELV. LS#9585 BOSCH N I V�� i! WELD COUNTY DEPARTMENT RIGHT OF WAY 86 OF PUBLIC WORKS ACQUISITION WCR49EXTENSION J, --- `:1 PROJECT BORYS ' <- Li PROJECT NO: SRP-23 SCALE: I"=200 CORR. SE-1004 `G P U T T Y WELD COUNTY,COLORADO I DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 oft 4037145 Pages: 4 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO lIII RIJN ciiIi7lhAkf III+I5llM+4fil'M BM Hello