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Home My WebLink About20141836.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - PETER AND HENRIETTA BOSCH 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 Permanent Easement for Certain Improvements to County Road 49, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Peter and Henrietta Bosch, 27629 County Road 47.5, Greeley, Colorado 80631, commencing upon execution of signature, 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 Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to County Road 49, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Peter and Henrietta Bosch, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. -�i / on tnai -b Brod 7cdabe on 8 CC: CJA(BY)f�W (re, Ls) 2014-1836 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT- PETER AND HENRIETTA BOSCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: aX� � '� Doi asst�ad mac elr,Ohair Weld County Clerk to the Board �/ (�/� • arbara Kirkmeyer,r,, P"`o-Tem BY� 3 �neQ� - � 'f D y Clerk to the Board Sean P. Conway APP D AS T • i�t♦ ., ., sea , ike Fre ou ttorneY . Garcia Date of signature: -J'8-14 2014-1836 EG0070 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN PETER AND HENRIETTA BOSCH AND WELD COUNTY, COLORADO in THIS AGREEMENT is made this I8 h' day of June, 2014, by and between Peter and Henrietta Bosch, whose address is 27629 WCR 47'4, Greeley, CO 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"0"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, 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 further requires said Permanent Easement to maintain access between, and for the benefit of, the twoparcels adjacent to and located north and south of the J Owner's property and identified by Weld County parcel numbers 096113400002 and 096113000086, where such access would otherwise be restricted by the Road Improvement Project. NOW, THEREFORE, the parties herein agree as follows: I. 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 Two-Hundred and Seventeen Thousand Eight-Hundred and Forty-Seven and no/100 Dollars($217,847.00). 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 Permanent Easement shown Agmt for Purchase of ROW and Perm Easement Page 1 4030694 Pages: 1 of 10 07/15/2014 12:23 PM R Fee:$0.00 2014-1836 Steve Moreno. Clerk and Recorder, Weld County, CO ■III Ml�1R nrItiFu ell i��F�9lkS�rM2ak�h�JL�Wl1lf�+Y4 11111 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 Hundred and no/100 Dollars, ($100.00). The Permanent Easement shall be for agricultural purposes including, but not limited to, farm machinery and equipment, irrigation and water pipelines, and livestock transit as is necessary. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner represents to County that Owner has valid and sufficient title to grant the Deed of Dedication and Permanent Easement. 4. Owner's grant of Permanent Easement and Deed of Dedication is expressly made subject to any prior oil,gas and mineral leases,liens,encumbrances,rights-of-way, easements and existing utility easements applicable thereto existing or properly recorded with the office of the Weld County Clerk and Recorder. 5. Owner shall not 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 the full enjoyment of the rights hereunder by the owner or occupier of the parcels located north and south of the Owner's property identified as Weld County parcel numbers 096113400002 and 096113000086 and connected by the Permanent Easement as depicted in Exhibit B;this Easement includes all rights and privileges as are necessary or incidental to the reasonable and proper use of said easement. 6. Owner hereby reserves the mineral estate under the Public Road Right-of-Way and Permanent Easement, and any water rights including non-tributary and not non- tributary water currently attached to, upon, under, or associated with the Public Right-of-Way and Permanent Easement. 7. Payment of the amounts owed by County to Owner as described in Sections I(1) and I(2) of this Agreement shall occur within fifteen (15) days of the mutual execution of this Agreement. Owner shall deliver to County the fully executed Deed of Dedication to County for the Public Road Right-of-Way and proof of the recording of the Permanent Easement from Owner to Andrew Jay Hop and Paula Lee Hop Exemption Trust as depicted on attached Exhibit "B" no later than 1:00 p.m. on September 5, 2014. 8. Prior to delivery of the fully executed Deeds of Dedication on September 5, 2014, Owner shall ensure that the Public Road Right-of-Way is clear of any crops which may unreasonably impede any work associated with the construction of a paved road on the Public Road Right-of-Way. Should any crops remain within the Public Road Right-of-Way subsequent to delivery of the Deeds of Dedication on September 5,2014,and which may unreasonably impede any work associated with the construction of a paved road on the Public Road Right-of-Way, Owner shall reimburse County for the reasonable costs incurred by County to clear such crops. Agmt for Purchase of ROW and Perm Easement Page 2 4030694 Pages: 2 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��li)rju:'NMIGiMIAVi lliPIAU11111 Under no circumstances shall County be liable for any damage which may occur to crops growing within the Public Road-Right-of-Way. 9. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Permanent Easement which are 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 Deeds 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. II. 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 or the Deeds of Dedication. 3. The parties agree that County shall pay Owner for the Public Road Right-of-Way and Permanent Easement by County warrants. 4. County shall install a new road right of way fence along the new right of way line. Although the new fence is installed by the County, Owner shall be responsible for maintaining said fence. For purposes of this Agreement,the word"fence" shall be not less than a"legal fence" as defined by Colorado Statutes. III. MISCELLANEOUS: 1. Upon delivery of the fully executed Deeds of Dedication on or before September 5, 2014, pursuant to Section I(7) of this Agreement, 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 for the purposes of constructing the Road Improvement Project 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 as may be useful and necessary. Furthermore, the owner and/or occupier of the properties benefitted by the Permanent Easement shall have the irrevocable right to utilize the Permanent Easement. 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, Agmt for Purchase of ROW and Perm Easement Page 3 4030694 Pages: 3 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County CO 1111 ralrVIINP hIMPF'd1IEUIVIDI,J v 11111 administrators, successors, and assigns. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. No term or condition of this contract shall be construed or interpreted as a waiver, expressed 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. Mark R. VanEarden SALA Title: Attorney in Fact on Behalf of Peter and Henrietta Bosch 4030694 Pages: 4 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, CO Pk:1M,, WihUGl6n,14'WF, 4 NIIIIIMAYIti'h 1i iii Agmt for Purchase of ROW and Perm Easement Page 4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LA W JCo:ok(t.,' �® ugl Rademacher,Chair JUN 1 8 2014 Weld County n /Cllerk to the Board BY: 4•4 l ai IS tabt� ° Deputy Clerk to the Board \ .e A, 4030694 Pages: 5 of 10 07/15/2014 uI ■r 1142-:233NPM�y RJeoord!...`0y0 ��J�,,�� 'j ,llll i Steve Moreno,III K liinili lir lti eRWIi'S�IYMlY5 i tY• CO Agmt for Purchase of ROW and Perm Easement Page 5 Xi')—)131 EXHIBIT-A NE 1/4 S13-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, 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 THE 2nd AMENDED RECORDED EXEMPTION NO. 0961-13-1—RE-292 (RE-292) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2390242 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE NORTH ONE—QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING SOUTH 88'47'59" EAST A DISTANCE OF 2690.71 FEET TO THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 88'47'59" EAST ALONG SAID NORTH LINE A DISTANCE OF 376.91 FEET; • THENCE SOUTH 0112'01" WEST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 58 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 6016'50" WEST A DISTANCE OF 145.89 FEET; THENCE SOUTH 39'26'12" WEST A DISTANCE OF 48.53 FEET; THENCE SOUTH 10'39'18" EAST A DISTANCE OF 54.54 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 214.95 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 03'35'26" AND WHOSE CHORD BEARS SOUTH 53'43'33" EAST A DISTANCE OF 214.92 FEET; THENCE SOUTH 55'31'16" EAST A DISTANCE OF 898.60 FEET; THENCE SOUTH 00'32'41" EAST A DISTANCE OF 170.96 FEET; THENCE NORTH 55'31'16" WEST A DISTANCE OF 996.72 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 228.69 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'40'13" AND WHOSE CHORD BEARS NORTH 53'41'10"WEST A DISTANCE OF 228.65 FEET; THENCE SOUTH 88'24'32" WEST A DISTANCE OF 53.31 FEET; THENCE SOUTH 39'26'12" WEST A DISTANCE OF 29.40 FEET; THENCE SOUTH 27'04'34" WEST A DISTANCE OF 77.12 FEET; THENCE NORTH 00'13'11" WEST A DISTANCE OF 370.67 FEET; THENCE SOUTH 88'47'59" EAST A DISTANCE OF 346.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 222,126.02 sf. OR 5.10 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. 4030694 Pages: 6 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, C0 ■IIIMI�IL'mly�YF6�l'N�,SEi;VN�r�hl��KIuYtIlJ1Y4 ■I III LEON W. SIEVERS PLS 23520 RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION j r - (, WCR 49 EXTENSION I PROJECT BOSCH -PARCEL I f PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO I G O U N T Y 1 DATE:2-10-14 DRAWN BY: JHB SHEET: 1 of 3 EXHIBIT-A NE I/4 SI3-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, 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 THE 2nd AMENDED RECORDED EXEMPTION NO. 0961-13-1—RE-292 (RE-292) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2390242 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 88'47'59" WEST A DISTANCE OF 2690.71 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'20'37" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2642.32 FEET; THENCE NORTH 89'48'55" WEST A DISTANCE OF 84.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT B OF 2nd AMENDED RE-292 AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'48'55" WEST ALONG THE SOUTH LINE OF LOT B A DISTANCE OF 104.70 FEET TO A NON-TANGENT CURVE TO THE LEFT; THENCE 28.63 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2830.00 FEET, CENTRAL ANGLE IS 00'34'47" AND WHOSE CHORD BEARS NORTH 17'17'15" WEST A DISTANCE OF 28.63 FEET; THENCE SOUTH 76'15'47" EAST A DISTANCE OF 116.54 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1428.90 sf. OR 0.03 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 4030694 Pages: 7 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III F��1��'��I�hNrih4��I �hYlF��dj�l�Fti74i'w s 1,, 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT ig61 OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION ) , / PROJECT BOSCH - PARCEL II � �L r ' PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO I G O U N T Y DATE:2-10-14 DRAWN BY: RIB SHEET: 2of3 EXHIBIT-A NE 1/4 SI3-T5N-R65W I P.O.C. (PARC. 1) N 1/4 COR ,�,., � ., P.O.C. (PARC. 2) NE ICOR I S13-75N—R65W S13—T5N—R65W I FND 2J¢" ALUM. CAP 'Po.lkl'S 1_IAi-I -IR\\'iN FND 3Y4" ALUM. CAP STAMPED POWERS ELV. - 58847'59"E 2690.71' TAMPED LS#28665 154(9585 IN MON.BOX 7 CO' �•• _ BASIS OF BEARINGS 0' 1999 IN MON. BOX i I y., RIGHT—OF—WAY KO - 1 ` I • .--__—•_—._—_ •_ n ACQUIRED C � P.O.B. PARCEL—I 2 a , _ I , „`'4"•,1•;.]'•:.\.-.1x '� 222,126.02 sf. c. EXISTING R.O.W. r 1� ` fi\ OR 5.10 ac.t — R—�, RD.BK-1/PG-153 % I I 10 '"',c,y� ?". j NOV. 18, 1872 YSIIN,1I : i Yjs bta I I ' EXISTING R.O.W. ;Li-EXISTING R.O.W. `7"k',„� ,u -,,is . JUL. 7, 1879I yr 1 ri?t} I �'' CURVE TABLE I PETER BOSCH& at LENGTH RADIUS DELTA CHD B CHD C1 214.95'3430.00'03'35'26"553'43'33"E 214.92' I HENRIETTA BOSCH C2 228.69'3570.00'03'40'13"N53'41'10"W 228.65' I RECP.#2457822lei ^hIl LOT B/2nd AMD.RE-292 to rn mI I RECP. 2390242 e NIII ` NI ^IIII ' `q T /�'� WI 'C IMP `, MI rIII NI O• :A'F L4 �9 0, o1 LINE TABLE uN I LINE BEARING DISTANCE S!3-7:5T'-R5,II' \ 1NO to hIh LI 50112'01"W 30.00' R-2830.00 I L2 56016'50"W 145.89' e=00'34'47" I IyI L3 53926'12"W 48.53' ` CB=N1717'15"W \ I �. L4 51039'18"E 54.54' •\ C=28.63' \ i hail L6 50032'41 E L5 555'31'16*E 8170.96• ,te 8.60' �8y5'47t 116.$4. IVI L7 N55'31'16"W 996.72' �" �. ° \\ I 3lL8 588'24'32'W 53.31' N89'4855 W 104.70 \ I . L9 539'26'12"W 29.40' .I \\ \ II L1O 527'04'34"W 77.12' \ 1 \ \ L11 N0013'11"W 370.67' \ DETAIL " \ h I I L12 588'47'59"E 346.24' 1 -NTS- \ I i C 1/4 COR N89 5cW I hIl 513-T5N-R65W RIGHT-OF-WAY 8402'u, I I I FND 2N. ALUM. CAP ACQUIRED PARCEL—II \ \ STAMPED LS49644 1428.90 sf. OR 0.03 ac.± \ \ i Tt NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A R \ \ ii 11O MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. HOP I III / IT IS INTENDED TO ILLUSTRATE THE P.O.B. \ ATTACHED PROPERTY DESCRIPTION ONLY. i WELD COUNTY DEPARTMENT RIGHT OF WAY at1 OF PUBLIC WORKS ACQUISITION `I I J r I _ 1 WCR 49 EXTENSION PROJECT BOSCH - PARCELS I & II 1 !_ �N I , PROJECT NO: SRP-23 SCALE: 1^=400 WELD COUNTY,COLORADO 1 c42_11 N T Y 1 DATE:2-10-14 DRAWN BY: R-IB SHEET: 3 of3 4030694 Pages: 8 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �Iu �1�:r ills I WTI? fIrralfr5Jrl,IIVd'I IIlvA 11111 EXHIBIT B NE 1/4 513-T5N-R65W PROPERTY DESCRIPTION PFRMANENT EASEMENT PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, 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 THE 2nd AMENDED RECORDED EXEMPTION NO. 0961-13-1—RE-292 (RE-292) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2390242 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 88'47'59" WEST A DISTANCE OF 2690.71 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'20'37" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2642.32 FEET; THENCE NORTH 89'48'55" WEST A DISTANCE OF 188.72 FEET AND BEING THE POINT OF BEGINNING THENCE CONTINUING NORTH 89'48'55" WEST A DISTANCE OF 15.52 FEET; THENCE NORTH 1717'19" WEST A DISTANCE OF 32.88 FEET; THENCE SOUTH 7615'47" EAST A DISTANCE Of 17.27 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 28.64 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2830.00 FEET, CENTRAL ANGLE IS 00'34'48" AND WHOSE CHORD BEARS SOUTH 171759" EAST A DISTANCE OF 28.64 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 455.96 sf. OR 0.01 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 2352O 4030694 Pages: 9 of 10 07/15/2014 12:23 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 PERMANENT WELD COUNTY DEPARTMENT .a 1861 OF PUBLIC WORKS EASEMENT - - 1 WCR 49 EXTENSION - PROJECT PETER BOSCH& j",, 1' p HENRIETTA BOSCH c O U,I T Y - PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO l DATE:2-10-14 DRAWN BY: JHB SHEET: I oft EXHIBIT B NE 1/4 S13-T5N-R65W I P.O.C. N 1/4 COR I P.O.C. NE COR r S13-75N-R65W - - S13-T5N-R65W FND 2Xt� ALUM. END 3r ALUM. CAP I STAMPED POWERS ELV. 588'47'59"E 2690.71' STAMPED L5�128665 c:: LS#9585 IN MON. BOX — — — -- BASIS OF BEARINGS 60' 1999 IN MON. BOX - -=orrr a.. — --- —_ ..L=_-=-_-=_-_-:-" - I' I TEMPORARY EASEMENT #1 r !I EXISTING R.O.W. I I ' ^O RD.BK-1/PG-153 NOV. 18,;1872 I ' I III III III TEMPORARY Ili EASEMENT #2 III4IrI �I I I PETER BOSCH& I cI ' I HENRIETTA BOSCH . to I: RECP.#2457822 "I ' � : LOT B/2nd AMD.RE-292 � PI ;+III RECP.# 2390242 e., \ e ., rnl 0 121?-EXISTING R.O.W. N. a �' RD BK-2/PG-266 8I NIr�JUL 7, 1879 ,k0 -'I ' 1 60' IR X00 -jM0034.48" Iii fuel ICB••51717.59"E I,•I III 28.64• , 57615'47"E ICII @„/ 17.27' 3� % v PERMANENT III 188-72' I `\ EASEMENT ,�,�"WI , ACQUIRED • I: �4 455.96 sf. I I C 1/4 COR DETAIL 1 - 15.52' 'N OR 0.01 0c.3 I r I S13-T5N-R65W �-- t8t7722'I5"W III FND 2) ALUM. CAP • STAMPED LS/9644 t (1 r R NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I `,\I MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. rI IT IS INTENDED TO ILLUSTRATE THE HOP TE-#3 \ P.01B. III ATTACHED PROPERTY DESCRIPTION ONLY. 1 PE PERMANENT WELD COUNTY DEPARTMENT EASEMENT �6� "M OF PUBLIC WORKS '' I l r r _ I WCR 49 EXTENSION PETER BOSCH& ` l r' r PROJECT HENRIETTA BOSCH j - T y PROJECT NO: SRP-23 SCALE: 1400 WELD COUNTY,COLORADO Q U-; — 1 DATE:2-10-14 DRAWN BY: MB SHEET: 2 oft 4030694 Pages: 10 of 10 07/15/2014 12:23 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell Nrju:7w:Nt 'v!I' Iiiiik'dlAk: LQl i BIM q LIND "k SI&O1TENHOFF, LLP Attorneys at L, a w Kenneth F.Lind 355 Eastman Park Dr.,Ste.200• Windsor,CO 80550 George 11.Ottcnhoti Telephone: (970)674-9888 Fax: (970)674-9535 Email: ken4a?Iolaw.us Chrysten S.Ilion June 12, 2014 Brad Yatabe Assistant Weld County Attorney P.O. Box 758 Greeley, CO 80632 RE: Peter and Henrietta Bosch Documents Dear Mr. Yatabe: Enclosed are two complete sets of the following Peter and Henrietta Bosch documents for the Weld County 49 Project: 1) Agreement for the Purchase of Public Road Right-Of-Way and Permanent Easement for Certain Improvements to Weld County Road 49, Between Peter and Henrietta Bosch and Weld County, Colorado 2) Agreement for the Purchase of Temporary Construction Easement for Construction of Weld County Road 49 Extension, Between Peter and Henrietta Bosch and Weld County, Colorado 3) Deed of Dedication for Public Road Right-Of-Way Also enclosed is a copy of the Permanent Easement and Right-of-Way Agreement between Peter and Henrietta Bosch and Andrew Jay Hop and the Paula Lee Hop Exemption Trust. We are getting the signatures from Andrew Jay Hop. Please return one complete set to our office once they have been executed. If you have any questions regarding this matter, please contact Ken Lind. Yours very truly, LIND & O" '' I TOFF,LLP Stephanie J. Roe Legal Assistant to Kenneth F. Lind and Chrysten S Hinze /sr Enclosures pc: o (44/23(a 4025580 Pages: 1 of' 5 06/23/2014 02:06 PM R Fee:$31.00 Steve Moreno. Clerk and Recorder, Weld County. CO PillR1P1!{JT 4 Ila Ihke:*W'4 U III PERMANENT EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS Permanent Easement and Right-of-Way Agreement ("Agreement") is made and entered into this )2'4\day of June,2014,by and between Peter and Henrietta Bosch,whose local address is 27629 WCR 47.5, Greeley, CO 80631, hereinafter referred to as the "Grantor", and Andrew Jay Hop and the Paula Lee Hop Exemption Trust, whose address is 27294 WCR 47.5, Greeley, CO 80631,hereinafter referred to as "Hop". 1. For and in consideration of the mutual promises and covenants herein contained and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged,the Grantor has granted and conveyed and by these presents does grant and convey unto the Hop, its successors and assigns,a permanent non-exclusive easement and right-of-way including the right of ingress and egress on, over and across Grantors described property, to use said described property for agricultural purposes including, but not limited to, farm machinery and equipment, irrigation and water pipelines, and livestock transit as is necessary so that Hop can traverse Grantors property to access property owned by Hop located North of the properties owned by Hop located North and South of Grantors Easement. 2. The parcel of land,the subject of this Agreement, is described by metes and bounds and description shown on Exhibit"B"attached hereto and made a part hereof by reference. Such property is owned by Grantor,whether one or more. 3. Hop hereby releases and indemnifies Grantor their successors, assigns, employees, agents, heirs and representatives on account of any damage or loss sustained by them or any of them by reason of using said Easement. Such release, indemnification and covenant to hold harmless by Hop to Grantor shall also include any third party claims,actions and damages that the construction,maintenance, use and operation of the Inlet may directly or indirectly cause. 4. Grantor shall not construct nor allow the construction of any structures or fixtures or do any act or acts which would interfere with or endanger Hop's use of the Easement. 5. Hop shall be responsible for maintaining said Easement in such a condition that Hop as well as Grantors can use said Easement on a year round basis. Hop further agrees to maintain such Easement by routinely cutting,mowing or spraying any noxious weeds. 6. This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors and assigns. Furthermore,the provisions of this Agreement shall constitute covenants running with the title to the benefitted Hop property and the burdened Grantor property. 7. This Agreement shall be governed by the laws of Colorado and venue for any action related to this Agreement shall be in Weld County, Colorado. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. • 7-30—aevy EGcb7o 4025580 Pages: 2 of 5 06/23/2014 02:06 Ph R Fee:$31.00 VIII 1��lid ��t {I I:aRecorder i gi iDan t ri M Csivi, Bill GRANTOR: Mark R.VanEarden "AAL Title: Attorney in Fact on Behalf of Peter and Henrietta Bosch STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I Ztay of June, 2014, by Mark R. VanEarden, attorney in fact on behalf of Peter and Henrietta Bosch,Grantor. Witness my hand and offici 1 sea . My c • • ',442—efe— NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 20124063203 MY COMMISSION EXPIRES 09-28-2016 HOP: Andrew Jay Hop Paula Lee op Exemption Trust By: ndrew ay Hop ee STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before this 12} ay of June,2014 by Andrew Jay Hop,individually,and by Andrew Jay Hop as trustee of the Paula Lee Hop Exemption Trust. WITNESS my hand and official seal. expires: 4 144.frC My commission9(201(p STEPHANIE J ROE Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124063203 MY COMMISSION EXPIRES 08-28.2016 2 Exhibit A (There is not an Exhibit A) 4025580 Pages: 3 of 5 06/23/2014 02:08 PM R Fee:$31.00 Steve Moreno Clerk and Recorder. Weld County, CO 1111 M��1171t!L Il t'Iia'Mil IP 11 iNglikihE MK'V1 fl 111 3 4025580 Pages: 4 of 5 06/23/2014 02:06 PM R Fee:$31.00 Steve Moreno. Clerk and Recorder, Weld County, CO PHIPOCiFir FAIN, :IV 1,NI it1,44Iii 11 III EXHIBIT B NE 1/4 Si3-T5N-R65W PROPERTY DESCRIPTION PERMANENT EASEMENT PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE—QUARTER OF SECTION 13, 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 THE 2nd AMENDED RECORDED EXEMPTION NO. 0961-13-1—RE-292 (RE-292) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2390242 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 85 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 88'47'59" WEST A DISTANCE OF 2690.71 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 13. TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN: THENCE SOUTH 00'20'37" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2642.32 FEET; THENCE NORTH 89'48'55" WEST A DISTANCE OF 188.72 FEET AND BEING THE POINT OF BEGINNING THENCE CONTINUING NORTH 89'48'55" WEST A DISTANCE OF 15.52 FEET; THENCE NORTH 17'17'19" WEST A DISTANCE OF 32.88 FEET; THENCE SOUTH 76'15'47" EAST A DISTANCE OF 17.27 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 28.64 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2830.00 FEET, CENTRAL ANGLE IS 00'34'48" AND WHOSE CHORD BEARS SOUTH 17'17'59" EAST A DISTANCE OF 28.64 FEET TO THE POINT OF PFCp1NING SAID PARCEL CONTAINS 455.98 sf. OR 0.01 ac, MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 ��r WELD COUNTY DEPARTMENT PERMANENT -`,.1861-`1"'t OF PUBLIC WORKS EASEMENT AI rug 1 WCR 49 EXTENSION PROJECT PETER BOSCH & '_ Via HENRIETTA BOSCH ! °I PROJECT NO: ST P-23 SCALE: '12 t j N T r WELD COUNTY.COLORADO ' DATE:2.10.14 DRAWN 8Y: ]H8 SHEET: I oft • 4025580 Pages: 5 of 5 06/23/2014 02:08 PM R Fee:$31.00 Steve Moreno. Clerk and Recorder, Weld County. CO IIIII R ilwitEli, eirellli'i+eitliliKKIV Ftii4,NIa IIII:iYlti'A III III EXHIBIT B NE 1/4 SIS-T5N-R65W P.O.C. N 1/4 COR I; P.O.C. NE COR I 513-T5N-R65W S13-TSN-R65W !ENDSTAMPED POWERS ELY, I.r --- 86557 90.7' I`,. STAMPED PE ALUM. CAP I • � 59"E 2890.71' TAMPED L5�126665 ` ii- LS#9585 IN MON. BOX OF BEARINGS CO'' 1999 IN MON, BOX , • �� TEMPORARY � f i EASEMENT Lt I " `1 1 i ' I 11 I III EXISTING•R.O.W. II. Fe-'' RD.BK-1%PG-153 . ..§ NOV. 15,i 1872 I lit III I I III 1tl TEMPORARY 1 iii EASEMENT 92 I + l� I i %.I I PETER BOSCH& 4' i HENRIETTA BOSCH 11•1rvI I I RECP.N 2457822 1 i1 LOT B/2nd AMD.RE-292 w� Wi I l RECP.9 2390242 e I IT ,' -�.!0, nI M ! 5 , rl Irk EXISTING R.O.W. `� g Q� PG-266 '„ti, bi ' D.BK 2 R / �I IJUL. 7, 1879 I I. R-283 . `��` ` -� x-60' -M-0034'48 CI ee00'34'48" I'nl 517' '19"E C8=517'17'59"E �'\\ `,' I<' 32.80' CA28.64' \ I Ik4 57615'47"E aI ` !3 Iv 17.27 '‘ • 1 ' O" � \\ PERMANENT 188.72' EASEMENT !i• I \ ACQUIRED III DETAIL 89'46'515"w 455.96 sT. -x1s- 652' I �, OR 0.01 cm+ I ' I C t/4 COP W89.48'55'W S13-T __5N-R65W 168.72' Ili FND 2X8" ALUM. CAP \ STAMPED L9Ø9644 ti ' R NOTE: THIS EXHIBIT MAP ODES NOT R R REPRESENT A 1 ' 1 '1 11' !i' ' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 1. IT IS 'TENDED TO ILLUSTRATE THE 11O13 TE-93 , P.OB• TY ili ATTACHED PROPER DESCRIPTION ONLY. PE` PERMANENT WELD COUNTY DEPARTMENT 286 .p" OF PUBLIC WORKS EASEMENT ` WCR 49 EXTENSION y' tit u'+r�IL� V ii."�' 1. PROJECT PETER BOSCH& (/ 'tr.,/_ . PROJECT NO: SRP 23 SCALE: 1" 400 HENRIETTA BOSCH 1 __G_p u 7 I WELD COUNTY,COLORADO - DATE:2-10-14 DRAWN BY: MB SHEET: 2 of 4027737 Pages: 1 of 3 07/01/2014 03:46 PM R Fe* $21.00 Steve Moreno, Clerk end Recorder Weld County, CO ■III If1lINIWi�4ih'MJ'I;�4Phlilf.41Yl416"AlE'llhYk� 11111 POWER OF ATTORNEY This POWER OF ATTORNEY has been signed by the Principal named below in order to authorize the agent who is identified below as the Attorney-in-Fact to exercise specified powers with respect to real estate,together with any improvements and appurtenances,which is described below as the Property. PRINCIPALS: Peter Bosch and Henrietta Bosch 12420 Magnolia Chino, CA 91710 ATTORNEY-IN-FACT: Mark VanEarden 27629 WCR 47 '/2 Greeley,CO 80631 PROPERTY: All property owned by Principals in Section Thirteen(13),Township Five(5)North,Range Sixty-Five(65)West of the 6th PM Weld County, Colorado including,but not limited to,the property as specifically described on attached Exhibit"A". Appointment and Grant of Authority. The Principal hereby appoints the Attorney-in-Fact as his agent and grants the Attorney-in-Fact full power and authority to sell, purchase, encumber or otherwise transfer or acquire the Property or any interest in the Property. In furtherance of that power and authority, the Attorney-in-Fact may execute, in the name of the Principal (or in the name of the Attorney-in-Fact but on behalf of the Principal)any or all of the following instruments, contracts of purchase or sale, deeds with or without warranty, deeds of trust, mortgages, promissory notes, assumption documents, transfers of escrow funds and of insurance policies, closing and settlement statements,applications for loans,and any other documents containing such terms and conditions and such warranties and covenants as the Attorney-in-Fact deems necessary or convenient in order to complete any such authorized transaction. The Attorney-in-Fact also is authorized and empowered to receive and collect funds and documents, and sign receipts for such funds and documents, and to endorse and deposit checks or drafts; no person paying funds or delivering documents to the Attorney-in-Fact shall be responsible for the handling of the funds or documents by the Attorney-in-Fact. The Principal hereby ratifies and confirms all the Attorney- in-Fact does or causes to be done pursuant to and in accordance with this Power of Attorney. Duration and Revocation. This Power of Attorney shall remain in effect until revoked. It may be revoked only by written notification given by the Principal,or by his conservator or other court- appointed representative, to the Attorney-in-Fact. The Principal's death also shall revoke this Power of Attorney. This Power of Attorney shall not,however,be affected by the disability of the Principal. In no case shall this Power of Attorney be deemed to have been revoked in any manner with respect to any person who, without actual knowledge of the revocation or the event giving rise to the revocation,acts in good faith in dealing with the Attorney-in-Fact. 1 4 7 of 070 01/7014 03:46 PM R Fee:$21.00 Steve �l�.fI TRIM:#'r d'k ii iiir gnty. i 11(11 Effective Date. For all purposes this Power of Attorney is effective as of April I, 2014. Signed by the Principal(s)on June /2ry 0 ,2014 as of April 1,2014. Peter Bosch Henrietta Bosch STATE OF CALIFORNIA ) ss. COUNTY OF S) The foregoing instrument was acknowledged before me this ,-, ay of June,2014 by Peter Bosch. WITNESS MY HAND AND OFFICIAL SEAL. DENISE YATES aY. , Commission 111946393 c <....7i5.-/ --------.. y cx Notary Public•California N My commission expires: r/�`ZS—/� �1;.'� San aarnordma County ^' Comm.Es ret ust28,2015 D-4O_1.4.4---47 --, Notary Public STATE OF CALIFORNIA ) ) ss. COUNTY OFSdA4ofzebrei The foregoing instrument was acknowledged before me this ntrofJune,2014 by Henrietta Bosch. WITNESS MY HAND AND OFFICIAL SEAL. DENISE YATES f a "!'t Y commission ll946393 C 09 `'Y,.._ Notary Putt•California My commission expires: - = L*+1,. Son Bernardino County 10 Comm.ExplruAU UR28,2015 Notary Public 2 nrrefT ale Pan 1: All that part of Lot B of Second Amended Recorded Exemption No. 0961-13-1-18292, recorded Nay 25, 1994 in Book 1443 as Reception No. 2390242, being a part of the NE1/4 of Section 13, Township 3 North, Range 65 West of the 6th P.N., County of Weld, State of Colorado, lying Westerly of the following described line: Beginning at the N1/4 corner of said Section 13; thence East 1176.7 feet to the point of beginning of said line; thence South 06 degrees 15 minutes 00 seconds West 349.6 feet; thence South 01 degrees 40 minutes 00 seconds East 360.0 feet; thence South 04 degrees 00 minutes 00 seconds West 233.0 feet; thence South 01 degrees 15 minutes 00 seconds East 356.0 feet; thence South 11 degrees 10 minutes 00 seconds East 100.0 feet; thence South 51 degrees 40 minutes 00 seconds East 153.3 feet; thence South 51 degrees 40 minutes 00 seconds East 196.0 feet; thence South 39 degrees 11 minutes 00 seconds West 362.8 feet; thence South 49 degrees 50 minutes 00 seconds West 220.2 feet; thence South 53 degrees 40 minutes 00 seconds West 312.5 feet; thence South 76 degrees 00 minutes 00 seconds East 1921.0 feet to the point of terminus of said line. PARCEL 2: All that part of the SE1/4 of the NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.N., County of Weld, State of Colorado, described g as follows: est West and North 01 degrees 511.feetafrompthe iint nterior quarter corner of said Section 13, West thence North 01 degrees 08 minutes West, 333.9 feet; thence West 1147 feet; thence South 75 degrees 41 minutes West 148.6 feet to the West line of the 551/4 of the NW1/4 of said Section 13; thence South 00 degrees 53 minutes East 762.14 feet along the West line of the 581/4 of the NW1/4 of said Section 13; thence North 47 degrees 19 minutes East 685.8 feet; thence East 780.2 feet to the Point of Beginning. PARCEL 3: A part of the SE1/4 of the NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.N., County of Weld, State of Colorado, described as follows: Section g atsai point 25 feet West of the Interior Quarter Corner of said Of said Section Ipoint being on the South line of the SE1/4 of the NW1/4 thence West along said South line 1293.5 feet to the Southwest corner of said SE1/4 of the NW1/4; thence North 00 degrees 53 minutes West along the West line of said 5£1/4 of RW1/4 a distance of 52.4 fest; thence North 47 degrees 19 minutes East 685.8'feet; thence East 780.2 feet to a point on the West right-of-way line of a county road; thence South 01 degrees 06 minutes East along said right-of-way 517.7 feet to the Point of Beginning. Together with Well No. 8640, Well No. 2591, and Well No. 9628. TOGETHER WITH 2 Shares of the capital stock of the Lpwer Latham Ditch Company TOGETHER WITH 3 Shares of the capital stock of the bower Latham Reservoir Company TOGETHER WITH 2 shares of the capital stock of the Smith Lateral Ditch Company • 37 Pages: 3 of 3 7712 1 2 0 1 4 03 46 Pn R Fee:E 1.00 Steve Moreno, Clerk and Recorder, Weld Ccunly CO VIII 1117Putilehtlitl5 p ,F�klra�4 P 4i+i,Y4rh III III 3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this it-&-day of June, 2014, between Peter and Henrietta Bosch, "Grantor" whose local address is 27629 Weld County Road 47.5, 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 Two-hundred and Seventeen Thousand Eight-Hundred and Forty-Seven Dollars and no/100 ($217,847.00) the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicates and conveys forever unto Grantee for use as a Public Road Right-of-Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown on the attached Exhibit"A" EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights-of- way, easements and utilities thereto existing or of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non-tributary and not non-tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. Mark R. VanEarden NM - ' Title: Attorney in Fact on Behalf and Henrietta Bosch a STATE OF COLORADO ) m6 ) ss. in To3-F COUNTY OF WELD ds o dE 11-80 The foregoing instrument was acknowledged before me this 12Th day of EC. 3Uh-2 , 2014, by Mark R. VanEarden, attorney in fact on behalf of Peter and mom Henrietta Bosch, Grantor. aady (42°;-1 Witness my han and nffir;al 'e a g STEPHANIE J ROE NOTARY PUBLIC Notary Public uO1i v STATE OF COLORADO m m m NOTARY ID 20124063203 vmtoMI ►YYCGYWcmnuFXPIRa09-28-2016 Deed of Dectanon Page 1 /crro �c esvuunt 09-09 iy o?o/y- 183c. My commission expires: t9 12S 120 I Co 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 p d day of Sep/tinber , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dewv (ebv\la4:QvY�c!wi/— 'Ids Rade Cher, Chair StP 08 1014 d, ,J `'. io:"e: " Lit Weld County Clerk to the Board ,p BY: 1861tentt° -g De uty Clerk to the Board STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2M day of •., apnFomin , ,2014,by Douglas Rademacher, Chair,Board of County Commissioners of the County of Weld. Witness my hand and official seal. RAFAELA ALICIA MARTINEZ C /1 n NOTARY PUBLIC �A/,, STATE OF COLORADO P bl�`LL ;ArA NOTARY ID 20144002878 J MY COMMISSION EXPIRES JANUARY 22,2018 commission expires: ot/8 Deed of Dedication Page 2 4045982 Pages: 2 of 5 09/15/2014 03:46 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii kir.M.VIOWIR lOkit li EOM OE MI, 11111 ao,y-/836 EXHIBIT-A NE 1/4 SI3-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, 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 THE 2nd AMENDED RECORDED EXEMPTION NO. 0961-13-1—RE-292 (RE-292) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2390242 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING SOUTH 88'47'59" EAST A DISTANCE OF 2690.71 FEET TO THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 88'47'59" EAST ALONG SAID NORTH LINE A DISTANCE OF 376.91 FEET; THENCE SOUTH 01'12'01" WEST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 58 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING THENCE SOUTH 60'16'50" WEST A DISTANCE OF 145.89 FEET; THENCE SOUTH 3926'12" WEST A DISTANCE OF 48.53 FEET; THENCE SOUTH 10'39'18" EAST A DISTANCE OF 54.54 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 214.95 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 03'35'26" AND WHOSE CHORD BEARS SOUTH 53'43'33" EAST A DISTANCE OF 214.92 FEET; THENCE SOUTH 55'31'16" EAST A DISTANCE OF 898.60 FEET; THENCE SOUTH 00'32'41" EAST A DISTANCE OF 170.96 FEET; THENCE NORTH 55'31'16" WEST A DISTANCE OF 996.72 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 228.69 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'40'13" AND WHOSE CHORD BEARS NORTH 53'41'10"WEST A DISTANCE OF 228.65 FEET; THENCE SOUTH 88'24'32" WEST A DISTANCE OF 53.31 FEET; THENCE SOUTH 3926'12" WEST A DISTANCE OF 29.40 FEET; THENCE SOUTH 27'04'34" WEST A DISTANCE OF 77.12 FEET; THENCE NORTH 00'13'11" WEST A DISTANCE OF 370.67 FEET; THENCE SOUTH 88'47'59" EAST A DISTANCE OF 346.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 222,126.02 sf. OR 5.10 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 ' 1$(11 OF PUBLIC WORKS ACQUISITION �- WCR 49 EXTENSION PROJECT BOSCH -PARCEL I ! L ' r ' PROJECT NO: SRP-23 SCALE: U WELD COUNTY,COLORADO a C O I T Y DATE:2-10-14 DRAWN BY: JHB SHEET: 1 of3 a 4045982 Pages: 3 of 5 09/15/2014 03:46 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Zvi M��1�h}LI4i�� K�iv1 I��tirw �i ra'�i�ti hl�Aid 11111 EXHIBIT-A NE 1/4 S13-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, 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 THE 2nd AMENDED RECORDED EXEMPTION NO. 0961-13-1—RE-292 (RE-292) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2390242 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 13 AS BEARING NORTH 88'47'59" WEST A DISTANCE OF 2690.71 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'20'37" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2642.32 FEET; THENCE NORTH 89'48'55" WEST A DISTANCE OF 84.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT B OF 2nd AMENDED RE-292 AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'48'55" WEST ALONG THE SOUTH LINE OF LOT B A DISTANCE OF 104.70 FEET TO A NON-TANGENT CURVE TO THE LEFT; THENCE 28.63 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2830.00 FEET, CENTRAL ANGLE IS 00'34'47" AND WHOSE CHORD BEARS NORTH 17'17'15" WEST A DISTANCE OF 28.63 FEET; THENCE SOUTH 76'15'47" EAST A DISTANCE OF 116.54 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 1428.90 sf. OR 0.03 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT RIGHT OF WAY 1861 OF PUBLIC WORKS ACQUISITION -t 1 Y _ I WCR 49 EXTENSION PROJECT BOSCH-PARCEL II i� S" r ' PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO 2 0 0 0 N T Y '- DATE:2-10-14 DRAWN BY: JHB SHEET: 2 of3 4045982 Pages: 4 of 5 09/15/2014 03:46 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO IIii 4' :LPL i!'. NA III III EXHIBIT-A NE 114 SI3-T5N-R65W I P.O.C. (PARC. 1) N 1/4 COR P.O.C. (PARC. 2) NE kA S13—T5N—R65W 513—T5N—R65W I !ii2b 5,F FND 2)" ALUM. CAP BORYS 1IAl.L-JIM FND 3Ya ALUM. CAP STAMPED POWERS ELV. S66'47'59"E 2690.71' STAMPED LS#28665 LS#9585 IN MON.BOX 60' 1999 IN MON. BOX I �-• 1 BASIS OF BEARINGS 7 •-,1 ..- 376.97..—• .--..--.—.._..--„— _ _ _ ! — —WCR58 --- — —..—..—.•— — — RIGHT—OF—WAY '-- --•—IZI )5-\ PO.B PARCEL—I 22212602sf. 2o2OR 5.10 ac.± NG'ROW- --- ---- ---- ---------------- - ------- --- ACQUIREDRD BK-1/PG-153 I I L70 NOV 18, 1872 II -'I I--60' ` S I I '\5()\ ' I' 1-.\EXISTING R.O.W. �RD.BK-EXISTING -266 I I I JUL. 7, 1879 N I N CURVE TABLE III PETER BOSCH& I> .•' C# LENGTH RADIUS DELTA CHD B CHD NN. S53'43'33"E I , I HENRIETTA BOSCH .N C2 228.69'3570.00'03'40'13"N53'41'10"W 228.65' RECP.#2457822 "NN 'N ml ! ! LOT B/2nd AMD.RE-292 �` N. "NIT gI I RECP.# 2390242 N� aI VIII \\ co \ NI WI w1 I : f 1lOP VCS \ n TI I ( J7 \ ;VI ?II1 I I LINE TABLE \\ -° \ 0 LINE BEARING DISTANCE 'r� r' Nr>'If \ \ 1tic° I Li 501'12'01"W 30.00' L=28.63' \ I IR=2834'40 \r ,\ LZ 56016'50"W 145.89' LI L3 539'26'12"W 48.53' \ Ce-Nj 17 B"W \\ \\ ^. L4 S10'39'18"E 54.54' \ C=28.63' \ \L5 S.55'31'16"E Ia; L6 SOD'32'41"E 870.96' �r, 5787547E 716. \ \\� 131 L7 N5531'16"W 996.72' St' I; 54' \ I I LS SBB'24'32-W 53.31' N89' '55 W 104.70 \\ \\ L9 53926'12"W 29.40' \ \ III L10 S27'04'34"W 77.12' \ \ \ \ \ IIL11 N0093'11"W 370.67' I L12 588'47'59"E 346.24' \ DETAIL \\ 1\ III C 1/4 COR \' \ I : S13—T5N—R65W RIGHT—OF—WAY 84.02''55'W III FND 2J¢" ALUM. CAP ACQUIRED PARCEL—II , STAMPED LS#9644 1428.90 sf. OR 0.03 ac.± 1 \ I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A 1 I !TOP ) MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. i (OP !I R IS INTENDED TO ILLUSTRATE THE P.0.B. \ \ I I ATTACHED PROPERTY DESCRIPTION ONLY. \ RIGHT OF WAY W�� WELD COUNTY DEPARTMENT W. OF PUBLIC WORKS ACQUISITION r ) ,ti r_! - 1, WCR 49 EXTENSION PROJECT BOSCH-PARCELS I & II -4__ •L r i WELD COUNTY,COLORADO - 2�G O U N T Y PROJECT NO: SRP-23 SCALE: 1"=400 DATE: 2-10-14 DRAWN BY: RIB SHEET: 3of3 4045982 Pages: 5 of 5 09/15/2014 03:46 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III10:0G ,i1/4MIfi.10,11.MMNI,1.WUhMliL Ell III Hello