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Home My WebLink About20141144.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, PART OF THE COUNTY ROAD 49 EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN -JOSEPHINE CLOUGH 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 the Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to East 18th 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 Josephine Clough, 2112 40th Street, Greeley, Colorado 80634, commencing upon execution of signature, and ending September 1, 2015, 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 Road Right-of-Way and Permanent Easement for Certain Improvements to East 18th 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 Josephine Clough be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. et: PW(Ls, Fc,5m) 44.aa. jq 2014-1144 EG0070 AGREEMENT FOR PURCHASE OF PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, PART OF THE COUNTY ROAD 49 EXTENSION PROJECT-JOSEPHINE CLOUGH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Waitaki tido- Tr, WYE gla- Radema her, Chair Weld County Clerk to the Boar1861 t. ,>► .'% : USED � QQ •ara Kirkmeyer, Pro-Tern BY: (s n . chaff 7 '_ w DepQty Clerk to the Board � �i �� `� CUSED , . Sean P. Conway APPROVED AS TO FORM: C(Lc -e_ Mike Free 4ss+- County Attorney ( /FZ William F. Garcia Date of signature: 4118.1 r 2014-1144 EG0070 =s6= MEMORANDUM TO: Clerk to the Board DATE: March 31, 2014 NTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for purchase of public right-of-way and permanent easement for certain improvements to East 18th Street, part of the WCR 49 extension project with Josephine Clough. One original agreement is attached. Enclosures M\FrancieAGENDA memsAAgenda-Leon-I.doc 2014-1144 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18th STREET BEING PART OF THE WELD COUNTY ROAD 49 EXTENSION PROJECT BETWEEN JOSEPHINE CLOUGH AND WELD COUNTY, COLORADO a n THIS AGREEMENT is made this 9 day of /`1,fril , 2014, by and between Josephine Clough,whose address is 2112 40th Avenue,Greeley,Colorado 80634 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 East 18th 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 One Thousand, Four Hundred, Forty and no/100 Dollars, ($1,440.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before Transfer Page 1 4012431 Pages: 1 of 8 04/29/2014 10:52 RR R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO •ii krarr*�i'� �'iAE IA1,VANti,r� �,��w�� h tai III a0/V /NV 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 Five Hundred and no/100 Dollars,($500.00). 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 an 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 Transfer Page 2 4012431 Pages: 2 of 8 04/29/2014 10:52 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO P.1/41M1■iii M1?j Ytw JI4t �,N. ��a,� ��ti�� ■i iii COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and/or 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. 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. 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. Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before Transfer Page 3 4012431 Pages: 3 of 8 04/29/2014 10:52 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO crM K 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. BY: /X2'LJZ f 1r1 r �--=--V"_vi k Josephine Clough/Gerald Clough—Po er of Attorney BOARD OF COUNTY COMMISSIONERS WELD II.�COUNTY, COLORADO ATTES bt 1 k 62owta C ^ ' �� • ? ;., 'adem cher, Chair Weld County Clerk to the Board ; APR 0 9 2014 1/42 BY• 61),4116k. 1u' De U JL9uty Clerk to the Board ,rte r Agmt for Purchase of ROW and Perm.Easement-Immed.Possession Before Transfer Page 4 4012431 Pages: 4 of 8 04/29/2014 10:52 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO • EXHIBIT-B SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER 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. 1442957 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF EAST 18th STREET, WHENCE THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN BEARS SOUTH 34'34'30" WEST A DISTANCE OF 1392.05 FEET AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 0026'52" 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; THENCE NORTH 29'19'46" EAST ALONG THE WESTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 29.40 FEET TO THE POINT OF BEGINNING- THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 29'19'46" EAST A DISTANCE OF 41.41 FEET; THENCE DEPARTING SAID LINE SOUTH 75'40'49" EAST A DISTANCE OF 68.45 FEET; THENCE SOUTH 1419'11" WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 75'40'49" WEST A DISTANCE OF 79.18 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,952.28 sf. OR 0.07 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 4012431 Pages: 5 of 8 04/29/2014 10:52 RI1 R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO �uir��Jrrtj\:'I thA:E�hMNILW,thr� �� Ii I vi 11111 PERMANENT EASEMENT y WELD COUNTY DEPARTMENT ACQUISITION '�X86� OF PUBLIC WORKS WCR 49 EXTENSION PROJECT CI'OUGFUGIL'BERT PROJECT NO: SRP-23 SCALE WELD COUNTY,COLORADO �IC O U N T Y fll ILL DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of 2 Pgr EXHIBIT-B SW 1/4 S12-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Ul'Ci W 1/4 COR 512-T5N-R65W FND 2 1/2" A.C. FARMS STMP. LS#235O1 0 to z NW OF c[;•G cn a E 312-/S\-1/65 M N Q I m ROADIFERS / I N L. in w lo o o Q m z -23.41 _.AB NN / - - R 0 9N �. JOSEPHINE CLOUGH °' ' ROADIFER & ROBERT GILBERT -=m / A RECP.# 1442957 �xNa • Piz s.Dm PERMANENT EASEMENT ACQUIRED ‘,_3(.^. 2,952.28 sf.± OR 0.07 oc.± LINE TABLE Am P am O B LINE BEARING DISTANCE -am a L1 N29'19'46"E 29.40' '99 '"m mm P.O.C. L2 N29'19'46"E 41.41' HALE,- _£. ..., �J L3 575'4O'49"E 68.45' IRWIN ors, _ `�. A j'OrV IL L4 514'19'11"W 40.00' _0 I o - ��_ r -� LS N75'40'49"W 79.18' Lea o` SW COR �,... /7jO�A �p,�• ,6o,`1' S12—T5N—R65W RCUv��_ �� c� FND 2) " ALUM. _ \`��. E CAP STAMPED �' �-----:"-----------------E---___ ��., r� • POWERS ELEV. _ OM ` LS#25385 L�. `�f .. __ E O "\-- ... , .....„1. oth sr __7 ....„„ e •••• ..........,E. ; JOSEPHINE CLOUGH ROADIFFR & ROBERT GILBERT RECP.# 1442957 EXISTING ROW galtrattp _ BK-1236 '� RECP.#2183415 I Air/ O1-IC;;7 JUN. 22, 1989 OES I REICH r:-/.i`r.p:=!1 PERMANENT EASEMENT • WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS /' a WCR 49 EXTENSION PROJECT CLOUGH/GILBERT PROJECT NO: SRP-23 SCALE: 1"=100 f WELD COUNTY,COLORADO ,G O Ll� T Y DATE: 3-17-14 DRAWN BY: JEW SHEET: 2 of2 • EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER 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. 1442957 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF EAST 18th STREET, WHENCE THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN BEARS SOUTH 34'34'30" WEST A DISTANCE OF 1392.05 FEET AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER 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; THENCE NORTH 29'19'46" EAST ALONG THE WESTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 29.40 FEET; THENCE DEPARTING SAID LINE SOUTH 75'40'49" EAST TO A POINT ON THE EASTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 547.52 FEET; THENCE ALONG SAID EASTERLY LINE SOUTH 0023'39" EAST TO A POINT ON SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 29.26 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 75'41'23" WEST A DISTANCE OF 562.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15,735.80 sf. OR 0.36 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 4012431 Pages: 7 of 8 04/29/2014 10:52 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO Ell FAT MIl .11hrliiKaahlO P ' III RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS WCR 49 EXTENSION PROJECT CLOUGH/GILBERT PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO f C O L1 T Y DATE: 3-17-14 DRAWN BY: JHB SHEET: I of2 dr EXHIBIT-A SW 1/4 512-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. W 1/4 COR S12-T5N-R65W DPG FND 2 1/2" A.C. FARMS STMP. LS#23501 SN ! ;. ..,,\s O S/2-7S\-RG5;Y CD z t° 11 oi ¢ ROADIFER m 3 $l_'-J5\-,ROO,)tF INO to u.) a N o Q O m z le / ROADIFER 4, JOSEPHINE CLOUGH & ROBERT GILBERT 1 RECP.# 1442957 N29'19'46"E 29.40' a P.O.B. RIGHT—OF—WAY ACQUIRED 15,735.80 sf.± OR 0.36 ac.± II'1I,Er IR\A, IN s75-4 c1 • X✓4, , Sl 49 E CC'b. 8 SW COR p; 0,`1'' 512-T5N-R65W N75. e 47 N� FND 2X" ALUM. )2,311, CAP STAMPED 562.57' {{ " xg3': S00'23'39"E POWERS ELEV. :% LS#25385 2� ; 29.26' L 8 #. • th ST " /1--"\- ... _ ..„.7 ee JGH ROADIFROADIFER &OSEPHINE ROBERT GILBERTCLOU ....i RECP.# 1442957 EXISTING ROW �1 _ _ - BK-1236 I Silt Of Stt'Yr RECP.#2183415 S i,,.,.p6,, c JUN. 22, 1989 OT.S1 RI IGH RIGHT OF WAY ;1 y WELD COUNTY DEPARTMENT 1863# OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION . • PROJECT CLOUGH/GILBERT ��/ �� PROJECT NO: SRP-23 SCALE: 1"=100 WELD COUNTY,COLORADO I 2-iG QU N T Y DATE: 3-17-14 DRAWN BY: JHB SHEET: 2of2 4012431 Pages: 8 of 8 04/29/2014 10:52 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO IIIIMIPAKIW'llhkllll'IliII1 ft1'ILMob:IiiI 11III X86 MEMORANDUM ,�J /I q TO: Clerk to the Board DATE: May 2 2014 v C�U-NTY FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: Agreement is doc #2014-1144 Both with property owner Josephine Clough on E. 18`h Street Deed of Dedication for Public Road Right-of-Way And Easement Deed of Dedication on E. 18`h Street with M\Frnnci&WGENDA meni SAyends-Leon-I.doc Cavwwrt cc: ne(Fd LS/ BNB 5171c20/4-1 /- aoiy • • EASEMENT DEED OF DEDICATION THIS DEED, made this / day of/14 2014, between Josephine Clough, "Grantor"whose legal address is 2112 40th Avenue, Greeley, Colorado, 80634, 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 April 9,2014,Grantor, for and inconsideration of the sum of Ten Dollars and other valuable consideration, 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 "vacant land", located in Section 12, Township 5 North,Range 65 West.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 4020864 Pages: 1 of 5 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Oitiq IN WITNESS WHEREOF, Grantor and Grantees have executed this Easement Deed and Agreement this day of , 2014. Josephine Clough/Gerald Clough-Power of Attorney 5-2-/i/ Date STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this Z day of /2701- 2014, Gerald Clough—P.O.A. Witness my hand and official seal. gumar— ' o Pu.lic My commission expires: E-12-1 7 I JACQUELINE HERWINDEZ-BARROW NOTARY PUOLJC ��SppTATE OF COLORADO NYCS I8810N SCP SAU $T12,2017 Easement Deed of Dedication Page 2 4020864 Pages: 2 of 5 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, Co �hI�Y4 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). q 'h Dated this / day of May , 2014. / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (q, eRQ ,eI C%4.�,� C��` , ,/ Dougla�Rademacher, Chair MAY 0 7 2014 [/ +wV -fUto K —� Weld County Clerk to the Bard "4 ` I /*)\� I / 1,1 4: BY.41 lint., , tt a �. .4% li=d= " al Deputy Cle rto the Board twt '%N �� ``(4 ' , ,` \,e STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7/h day of , 2014,by Douglas Rademacher, Chair, Board of County Commissioners of the County f Weld. Witne 3... E. A lt[.ICtA 2 NOTARY PUBLIC n STATE ID COLORADO 00A .( (QIZCl N0TARY11 MIRES 20144002878 Public MY c0MMISS10IRES JANUARY 22.2018 My commission expires: ja&CLaiujo707/ �O/g� Easement Deed of Dedication Page 3 4020864 Pages: 3 of 5 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III1P1FRNEWC111'J<1Ydb1=111 MI WV Li 11111 EXHIBIT-%A SW 1/4 SI2-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER 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. 1442957 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF EAST 18th STREET, WHENCE THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN BEARS SOUTH 34'34'30" WEST A DISTANCE OF 1392.05 FEET AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER 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; THENCE NORTH 29'19'46" EAST ALONG THE WESTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 29.40 FEET TO THE POINT OF BEGINNING- THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 29'19'46" EAST A DISTANCE OF 41.41 FEET; THENCE DEPARTING SAID LINE SOUTH 75'40'49" EAST A DISTANCE OF 68.45 FEET; THENCE SOUTH 14'19'11" WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 75'40'49" WEST A DISTANCE OF 79.18 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,952.28 sf. OR 0.07 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. O\\\\\\ DOI Ill��y/// LEON W. SIEVERS • G4., -- PLS 23520 F-53 �O 3520 r:5 1.1\3—2t Iy:16r = 07.54c111bow 4020864 Pages: 4 of 5 06/04/2014 10:34 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII INVitrir'IIeIki',I'MIIIAM it 112 11111 PERMANENT EASEMENT WELD COUNTY DEPARTMENT tk\ACQUISITION , 1861 OF PUBLIC WORKS �� 14 rl ice. WCR 49 EXTENSION ' -i rir -L' PROJECT CLOUGH/ ILBERTY COLORADO ��1 C O U��'FY� PROJECT NO: SRP-23 SCALE WELD OUNT DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-IA SW I/4 SI2-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A M0NUMENTED LAND 18 tSURVEY OR LAND SURVEY PLAT. R IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. W 1/4 C0R 512-T5N-R65W DPG FND 2 1/2" A.C. FARMS si2-T5V-Offiiii 111 RE)STMP. LS#23501 z XIVIi.,Of StfV4 N m ROADIFER o` PPS • , I. -N FL� a N n 1-..! lot to(.2N 1 o m • Zr. 0 Z -%�; 23520 --= 4, ,g ,• IE IIII/Illin 110° JOSEPHINE CLOUGH ROADIFER & ROBERT GILBERT RECP.# 1442957 PERMANENT EASEMENT ACQUIRED 2,952.28 sf.± OR 0.07 ac.± LINE TABLE P 0 B LINE BEARING DISTANCE L1 N29'19'46"E 29.40' s3 P.O.C. L2 N29'19'46"E 41.41' HALL- L3 575'40'49"E 68.45' IRW N ` ('ADDiTiONAC L5 N75'40,49 W 79.108' O Z 0' ` � _ \I.:7 oy SW C0R """••••••...„,, `.�ADDItION ' 1.1' S12-T5N-R65W - AL RO ky FND 2J¢" ALUM. ` CAP STAMPED U. POWERS ELEV. _ ■ . LS#25385 D ...a ..."..\. 4.11 .........7. 1:• 8th • f .... ..............ria....' I", ea ... ... ......." JOSEPHINE CLOUGH ROADIFER & ROBERT GILBERT ..."„„. EXISTING ROW _ RECP.# 1442957 BK-1236 RECP.#2183415 03 SIB Y.,OP 587/, JUN. 22, 1989 pESTREICH 51,-1- :v-ROsrf' PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS ' r ? �', A WCR 49 EXTENSION ._J PROJECT CLOUGH/GILBERT , f i �.� � - PROJECT NO: SRP-23 SCALE: 1"=100 WELD CT'Y 4020864 Pages: 5 of 5 1TE: 3-17-14 DRAWN BY: MB SHEET: 2of2 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO , IIIIfir PLhktniNihIV IkIMI IT IfriAvi, "Ill DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY �A THIS DEED,made this 7 day of NIP ,2014,between Josephine Clough,"Grantor"whose legal address is 2112 40`h Avenue, Greeley, Colorado 80634 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 if 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. t eZzaika Josephine Clough/Gerald Clough—Power of Attorney Date I JRCQUEUNE HERNANDEZBARR0W STATE OF COLORADO ) NOTARY PUBLIC STATE OF COLORADO ) SS. Ira,i 20134061297 MYOAS&0N EJ(PIRBiAU0118r12.20N COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2 day of 177 2014, by Gerald Clough—P.O.A. Q Witness my hand and official seal. J2., MG � ' ^-� No CitIlblic My commission expires: F-I2-/7 Deed of Dedication Page 1 4020863 Pages: 1 of 4 06/04/2014 Moreno,10:34 AM R order, .00 alk Steve 0:34 Recorder, .00 County, CO ■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 1 43-2-201(1)(a).illDated this I day of nn 7ik) , 201 . I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �� ad� d, 1 Radema her Chair • �. ,; � faLa� MAY 072014 Weld County Clerk to the Bs. d irz BY /,�ri�.G d .t Deputy Cl to the Board ♦ CP u STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7 day of 201 4 , by , Chair, Board of County Commissioners of the County of eld. Witness my hand and nffci91 sag! RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002878 No Public MY COMMISSION EXPIRES JANUARY 22.2018 My commission expires: Deed of Dedication Page 2 4020863 Pages: 2 of 4 06/04/2014 10:34 AM R Fee:$@.00 Steve II NlM(rII Clerk and .%I' 'i'V fiIllil`ili�iOY4rh "Ill flOi'1(4 EXHIBIT-A SW I/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER 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. 1442957 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RFGINNING AT A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF EAST 18th STREET, WHENCE THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN BEARS SOUTH 34'34'30" WEST A DISTANCE OF 1392.05 FEET AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER 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; THENCE NORTH 29'19'46" EAST ALONG THE WESTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 29.40 FEET; THENCE DEPARTING SAID LINE SOUTH 75'40'49" EAST TO A POINT ON THE EASTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 547.52 FEET; THENCE ALONG SAID EASTERLY LINE SOUTH 00'23'39" EAST TO A POINT ON SAID EXISTING NORTHERLY RIGHT—OF—WAY LINE A DISTANCE OF 29.26 FEET; THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE NORTH 75'41'23" WEST A DISTANCE OF 562.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15,735.80 sf. OR 0.36 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY GENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\\ tlllil;;llq // 5v�DO gibN . LEON W. SIEVERS = 23520 cP PLS 23520 •, 3_ 4) 4020863 Pages: 3 of 4 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO W�� 1�t��illirinli LwJ1N� ILIA le kJLI 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT CLOUGH/GILBERT PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO _c O U N T Y lDATE: 3-17-14 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-A SW 1/4 512-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. W 1/4 COR S12-T5N-R65W DPG FND 2 1/2" A.C. FARMS STMP. LS#235O1 / slv 1 512-75 -Xfi ti' � z 03 IN CD Led ROADIFER 5nit %ot Srr /, INo l0 0 10 fa O a O m z - - - R - - ROADIFER JOSEPHINE CLOUGH & ROBERT GILBERT RECP.# 1442957 N 29'19'46"E \��UIU I I I N H / 29.40' O ADO R• //i� IJ P.O.B. RIGHT-OF-WAY ACQUIRED �� ....;°,;, •; 15,735.80 sf.± OR 0.36 ac.± o� �, HALL- , .,� <(;*.° = IRYVIN �� , :;Gk S754O4gE =o: 23s20 �• say .3-19 6` 'd, c�aQ0- SW COR 52 S . hp• FND 2W' ALUM. N75' 123 I$ E x 'v r 's /74 . �` ` CAP STAMPED 5 57 11111111// ■ • POWERS ELEV. 62's� `^:I SOO'23'39"E \ \ LS#25385 2� 29.26' 4".1. ..\.., ... ise 8th ST \ ♦ `fa ... ......d. JOSEPHINE CLOUGH \ ROADIFER & ROBERT GILBERT RECP.# 1442957 EXISTING ROWlittiftt' \ BK-K-1236 mir. \ SW Y.,,op siv y RECP.#2183415 I-79 512-115N-ROW JUN. 22, 1989 OESTREICH RIGHT OF WAY WELD COUNTY DEPARTMENT •� ACQUISITION �86� OF PUBLIC WORKS WCR 49 EXTENSION PROJECT CLOUGH/GILBERT I _ PROJECT NO: SRP-23 SCALE: 1"=I00 WELD"---.—. __- -- -- , .: -ry 4020863 Pages: 4 of 4 ATE: 3-17-14 DRAWN BY: JHB SHEET: 2of2 06/04/2014 10:34 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO MOWN ViIa149LFARDOCINAIMI01.Y4i Mill Hello