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Home My WebLink About20141924.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 EXTENSION (WELD COUNTY PARKWAY) AND AUTHORIZE CHAIR TO SIGN - RICHARD BORYS (LOT A OF CORRECTED RE-3651) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49 Extension (Weld County Parkway), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Richard Borys, 1525 Glenmere Boulevard, Greeley, Colorado 80631, commencing upon execution of signature, with further terms and conditions being as stated in said agreement concerning Lot A of Corrected RE-3651, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to County Road 49 Extension (Weld County Parkway), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Richard Bows, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC:PLO (Fc/Ls5 2014-1924 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 W ELD COUNTY, COLORADO ATTES P.cpear ow.n/� „ s Radema/Y1/4/111)-- . , Chair Weld County Clerk to the board�� 1.2144.24 bara Kirkmeyero-Te BY: D p Ry Clerk to the Boa a�, .ate s-an P. Conway t . . . � iED sFe'M:% =: •' `�i ' -47.P • eke Freeman .0 "Attorney � � EXCUSED William F. Garcia Date of signature: 1—/ 2014-1924 EG0070 MEMORANDUM , r ✓ ' TO: Clerk to the Board DATE: June 20, 2014 1 GOUNTY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: ROW/TE, Lot A/Corr. RE-3651 WCR 49 Extension Project,Weld County Parkway Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for the WCR 49 Extension Project with Richard Borys. Enclosures M FrancicAGENDA memos Ugenda-Leon-2.doc 2014-1924 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 045-ay of C(,�yjQ,,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 Five Thousand Two Hundred Fifty Two and no/100 Dollars, ($5,252.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit"B"(a copy of which is attached hereto Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page I 4035683 Pages: 1 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO 07D/9-/paii and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that he/she/it is the owner of the Public Road Right-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication,free and clear of all liens and encumbrances,except existing easements. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence on August 1, 2014, and shall expire and be of no further force or effect on August 1, 2015, or upon the completion of the Road Improvement Project, whichever is earlier. 7. Owner shall not,during the term of this Temporary Construction Easement,erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder;this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate under the Public Road Public Road Right-of- Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached or associated with the Public Right-of-Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right- of-Way to County at the date of closing which shall be on or about August 1, 2014. 10. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication to County.Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and/or Temporary Construction Easement. 11. Owner shall provide sufficient area for the County to demolish the existing home and basement and to backfill the basement. The area will be restored, as much is practical, to its original condition. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 2 30 42 014 02 00 3 Pages: 2 of 9 08/ PM R Fee:$0.00 nty Steve Moreno, Clerk K�11�4� 111111 4 �1 FI lWIPi1,PY•1h4'i co 'Y4lh 1I III 12. Prior to closing,Owner shall allow County,its contractors,agents,employees and all others deemed necessary by County a right to tour the existing house and to do necessary investigation and testing for the presents of hazardous materials. Notification will be given to the Owner at least 5 days prior to the testing. 12. Owner shall have the right to remove the existing furnace and appliances prior to closing. 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 Two Hundred Thousand Six Hundred Seventy Three and no/100 dollars ($200,673.00) for the purchase of the existing home located in the Public Road Right-of-Way shown and/or described on Exhibit 6. County shall remove the existing home and basement and County shall backfill the basement. Care will be taken to not disturb the existing water well located near the back of the house. County will plug the existing sanitary sewer line that connects to the leach field before backfilling the basement. 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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 3 4035683 Pages: 3 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lvi M!r1R4?�j cI, hh W�1N F� ��it�K'I�Y4 1I III 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 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: rsg Agmt or Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 4 4035683 Pages: 4 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii : i 'i'ii 11111 Title: Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: cAf ceThadfa.� i tea- as dema `e�c�Q.rvlg�t� p�" adrift& SIC ' ' �-�!� . �las ademacher, Chair �`�� JUN 2 5 2014 Weld County Clerkto t^heBoard '(-, ,p F UOi ,BY• Qa a .,1 Ddputy Clerk to the Board Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 5 4035683 Pages: 5 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell Fr114IVAN,104'4 til a riiViiIAii 11111 a©iy-/9a5` • EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORT10N OF LOT A OF CORRECTED RECORDED EXEMPTION NO. 0961-12-3-RE-3651 (RE-3651) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190933 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST 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 FOUR (4) 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 33.51 FEET AND BEING THE POINT OF BEGINNING. 3. THENCE CONTINUING NORTH 41'32'44" WEST A DISTANCE OF 136.67 FEET TO A NON TANGENT POINT OF CURVE TO THE RIGHT; 4. 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; THENCE NORTH 29'07'14" EAST A DISTANCE OF 74.44 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 107.34 FEET TO A POINT OF CURVE TO THE LEFT THENCE 37.56 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 00'37'38" AND WHOSE CHORD BEARS SOUTH 40'59'52" EAST A DISTANCE OF 37.55 FEET; THENCE SOUTH 19'19'13" WEST TO A POINT ON SAID EXISTING RIGHT-OF-WAY LINE A DISTANCE OF 78.00 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 10,433.42 sf. OR 0.24 oc. 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 je 1861 "'� OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT BORYS LOT-A CORR. RE-3651 4,W PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JHB SHEET: I of2 4035683 Pages: 6 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO EXHIBIT-A SW 1/4 512-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND 512-T5N-R65W SURVEY OR LAND SURVEY PLAT. FND 3Y." ALUM. CAP 1-IALI -HON 1N IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. AG AIR[•.Cr, INC. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. -- -- n6 Line--- - - - - � }-[AI-1.IRWIN LINE TABLE 1GGR}LC'r. INC. LINE BEARING DISTANCE L1 N41'32'44"W 33.51' co L2 N19'19'13"E 78.00' sti /:a a07 5 V) L3 N41'32'44"W 136.67' SI2-75,V-R6rtr' (biz L4 N29'07'14"E 74.44' (NILE L5 840'41'03"E 107.34' EXISTING R.O.W. m L6 N48'32'33"E 24.51' 3 L7 N41'27'27"W 168.41' RD.BK.1/PG.153 Nl o i L8 849'14'42"W 27.60' NOV. 18, 1872BK-1 o N L9 N41'29'59"W 2.86' RECP?2179750 32 oa L10 N50'34'33"E 80.69' MAY 16, 1989 zim L11 S40'41'03"E 235.35' EXISTING R.O.W. BK-1256 RICHARD M.)( RECP.#2205381 FEB. 14, 1990 BORYS R, s/ /4 R,\ 812-7?.I-_r65i5' \ RECP.#3886677 \ LOT A/CORR. RE-3651 fJf2 '• > RECP.#3190933 LOT B/CORR. RE-3651 V RECP,#3190933 \ tP -RIC HARD M. BORYS N,'`�� CORR.SE-1004 RLCP}-'3T3,i4t> N(• 6N RECP.#3190932 CURVE TABLE !., i c#LENGTH RADIUS DELTA CHD B CHD C1 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' 04'40'15"543'38'49"E 279.54' C4 21.54' 1527.31' 00'48'28"N41'55'53"W 21.54' _ C4 C5 37.56;3430.00'00'37'38"540'59'52"E 37.55r /_.‘ C6 91.44' 1527.31' 03'25'49"N44'04'09"W 91.43' RIGHT—OF—WAY ./�... C7 266.57' 314.83' 48'30'49"N65'48'09"W 258.68' ACQUIRED \` 1, 10,433.42 sf. OR 0.24 ac.± P.O.B. \ \ 0) 2s.ss' '. -- WCR 58-- -- \1 LLD cot HIY N I ' P.O.C. S 1/4 COR 512-1'5N-R65W FND 2)i" ALUM 1\11.51 MI Vi GROUP \ I CAPSTAMPED POWERS ELV. LS#9585 v 1 �= 13O5c 1-I RIGHT OF WAYy WELD COUNTY DEPARTMENT "�,; 86 vC OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION PROJECT BORYS LOT-A CORR. RE-3651 GOU N T Y PROJECT NO: SRP-23 SCALE: I"=200 WELD COUNTY,COLORADO I DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 of2 4035683 Pages: 7 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii Pra MIAO:IMIti4L C ' v rallR• l i 1I II I EXHIBIT-B SW I/4 S12-15N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF CORRECTED RECORDED EXEMPTION NO. 0961-12-3-RE-3651 (RE-3651) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190933 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST 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 TO THE RIGHT; 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 07'11'39" 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 279.61 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 04'40'15" AND WHOSE CHORD BEARS NORTH 43'38'49" WEST A DISTANCE OF 279.54 FEET AND BEING THE POINT OF BEGINNING THENCE CONTINUING ALONG SAME CURVE 37.56 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 00'37'38" AND WHOSE CHORD BEARS NORTH 40'59'52" WEST A DISTANCE OF 37.55 FEET; THENCE NORTH 40'41'03" WEST A DISTANCE OF 107.34 FEET; THENCE NORTH 29'07'14" EAST A DISTANCE OF 38.67 FEET; THENCE NORTH 47'13'50" EAST A DISTANCE OF 43.77 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 35.25 FEET; THENCE SOUTH 49'36'30" WEST A DISTANCE OF 70.03 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 87.39 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 31.81 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3420.00 FEET, CENTRAL ANGLE IS 00'31'58" AND WHOSE CHORD BEARS SOUTH 40'57'02" EAST A DISTANCE OF 31.81 FEET; THENCE SOUTH 1919'13" WEST A DISTANCE OF 11.48 FEET TO T HE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,691.48 sf. OR 0.08 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 TEMPORARY y WELD COUNTY DEPARTMENT 1861 - OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION • ` PROJECT BORYS PROJECT NO: SRP-23 SCALE: LOT-A CORR. RE-3651 �� G p D 1 T Y WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JHB SHEET: I oft 4035683 Pages: 8 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III FPFJP1 P'CREIVAILONIFZIPWililki, 111111 • EXHIBIT-B SW W. SI2-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND 512-T5N-R65W HAL.L-IRVt'IN SURVEY OR LAND SURVEY PLAT. FND 3Y4" ALUM. CAP V(aGRI,<I INC. IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. )f6 Line- -- - - ----I i LINE TABLE LINE BEARING DISTANCE L HAL-IRWIN Li 6119'19'13"E 11.48' AfiLiitiiO. INC. L2 N40'41'03"W 107.34' no' L3 N29'07'14"E 38.67' a' L4 N47'13'50"E 43.77' N'S !:'q N o L5 840'41'03"E 35.25' c‘ia L6 S49'36'30"W 70.03' w L7 540'41'03"E 87.39' EXISTING R.O.W. 3 °o L8 N40'41'03"W 235.35' RD.BK.1/PG.153 No L9 N50'34'33"E 80.00' NOV. 18, 1672 bN L10 S40'40'31"E 50.01' BK-1232 PI N L11 550'34'33"W 69.99' RECP.#2179750 o a v MAY 16, 1989 zj L12 540'41'03"E 165.07' EXISTING R.O.W. L13 N49'36'30"E 70.03' BK-1256 RICHARD M.) / L14 S40'41'03"E 4.75' RECP.#2205381 /\X�/ FEB. 14, 1990 BORYS N \,. se no \ RECP.#3886677 S/2-115Y-R654a' \ LOT A/CORR. RE-3651 RECP.#3190933 \��71d" RICHARD M. BORYS�� \,�ORR.SE-1004 /' LOT B/CORK. RE-3651 `�\ RECP.(j3190932 �" ' RECP.�3190933 \ L1 14 �\s . CURVE TABLE �e C#LENGTH RADIUS DELTA CHD B CHD k '- C1 23.38' 314.83' 04'15'18" N87'55'55"W 23.37' ' C2 16.16' 314.83' 02'56'24"N84'20'08"W 16.15' C3 279.61' 3430.00'04'40'15"N43'38'49"W 279.54' TEMP. ESMT�. • C4 297.11' 3420.00'04'58'39"S43'42'21"E 297.00' ACQUIRED \ - D:' i C5 39.53' 314.83',0711'39" N86'27'44"W 39.50' 3,691.48 sf. \, L1 ' C6 37.56'3430.00' 00'37'38'1_6140'59'52"W 37.55' OR 0.08 ac.± '.• O� ' C7 31.81' 3420.00' 00'31'58" 540'57'02"E 31.81' C8 317.17' 3430.00' 05'17'53"N43'19'59"W 317.05' C'1E15i12EIC:I{ C8 ` •• CC2�' (C3&C6) \ \ - .. 1 29.99' \ ��, �, - WCR 518- 'L[!1 I)COL N"IN \ C5 I - - - - I N VI 1 M1i N I CIRO1.. P Vc1&c2)� C PST MPED POWERS ELV. LS#9585 P.0.C. S 14 COR S12/45N-R65W FND 2)¢" ALUM V I ..- BfSCII WELD COUNTY DEPARTMENT TEMPORARY Wse OF PUBLIC WORKS EASEMENTS WCR 49 EXTENSION PROJECT BORYS LOT-A CORR. RE-3651 I ,G Q U I T Y PROJECT N0: SAP-23 SCALE: 1"=200 WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JIB SHEET: 2 oft 4035683 Pages: 9 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111NraPIDE illiKIr KiklitflinINhi4:Nhiihlull DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED,made this j SIday of 14-k_C>usr,, 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. A. 2 - I y Richard Borys- wner Date St 4.1 .. ... STATE OF COLORADO ) ) ss. CHERI COUNTY OF WELD ) KERN The foregoing instrument was acknowledged before me t c}•.• •• .daQ PmCm ts?- , 2014, by Richard Borys. OF CO' Witness my hand and official seal. / tary Public 4037147 Pages: 1 of 4 My commission expires: e) (25L5 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO AIM 1 Deed of Dedication Page I Co Rr3 _ _ I O7O/4- May ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway(Public Right-of-Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this�_day of 4a/q/r , 2014. c�Jl BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: °,� dCPe �,drI{M/ Dougla Radema er, Chair G� %� tb AUG 0 6 2014 Weld County Clerk to e Board w10 " BY. .� 1.. Deputy Clerk o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) T fore�ggoiin�g_instrument was acknowledged before me this l Q#day of 14-1— , 2014, byy2�(1t�Srl Chair, Board of County Commissioners of the County Weld. O.JUOL Witness my hand and official seal. RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO ry Public NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2018 MyLommisston exphes: 0411401222 2018 Deed of Dedication Page 2 4037147 Pages: 2 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII I�PiflM 'L47 II9�'um�r.MIL KR Mid 11111 do/d/- /gay EXHIBIT-A SW 1/4 S12-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL BEING A PORTION OF LOT A OF CORRECTED RECORDED EXEMPTION NO. 0961-12-3-RE-3651 (RE-3651) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3190933 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 EXISTING RIGHT-OF-WAY UNE THE FOLLOWING FOUR (4) 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 33.51 FEET AND BEING THE POINT OF BEGINNING 3. THENCE CONTINUING NORTH 41'32'44" WEST A DISTANCE OF 136.67 FEET TO A NON TANGENT POINT OF CURVE TO THE RIGHT; 4. 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; THENCE NORTH 29'07'14" EAST A DISTANCE OF 74.44 FEET; THENCE SOUTH 40'41'03" EAST A DISTANCE OF 107.34 FEET TO A POINT OF CURVE TO THE LEFT THENCE 37.56 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3430.00 FEET, CENTRAL ANGLE IS 00'37'38" AND WHOSE CHORD BEARS SOUTH 40'59'52" EAST A DISTANCE OF 37.55 FEET; THENCE SOUTH 1919'13" WEST TO A POINT ON SAID EXISTING RIGHT—OF—WAY UNE A DISTANCE OF 78.00 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 10,433.42 sf. OR 0.24 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 1 1 WELD COUNTY DEPARTMENT 86 OF PUBLIC WORKS ACQUISITION ' '11 r ' WCR 49 EXTENSION PROJECT BORYS --'1'' T �' PROJECT NO: SRP-23 SCALE: LOT-A CORR. RE-3651 2150 UNITY - - WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JITB SHEET: 1 of2 4037147 Pages: 3 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��M��IHFiMrItI�R�Ir,R�d1�w r�Gt�rlfCl�.l�WILE EE DDI EXHIBIT-A SW I/4 5I2-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT C 1/4 COR REPRESENT A MONUMENTED LAND S12-T5N-R65W HALL-IRWIN SURVEY OR LAND SURVEY PLAT. FND 3Y4" ALUM. CAP IT IS INTENDED TO ILLUSTRATE THE STAMPED KING SURV. AGGREG. INC. ATTACHED PROPERTY DESCRIPTION JONES LS#22098 ONLY. Xe Line— ---- , HALL-IRWIN IN I LINE TABLE AGGREG. INC. LINE BEARING DISTANCE I L1 N41'32'44"W 33.51' I o, L2 N19'19'13"E 78.001 SW 1/4 col� i L3 N41'32'44"W 136.67' S12-75N-R6.5111 wiz L4 N29'O7'14"E 74.44' cvirc a L5 540'41'03"E 107.34' EXISTING R.O.W. m L6 N48'32'33"E 24.51' 3 L7 N41'27'27"W 168.41' RD.BK.1/PG.153 gla 1872 18 NOV_ r l LB 849'14'42"W 27.60' BK . , o • n cn L9 N41'29'59"W 2.86' RECP.#2179750 o a L10 N50'34'33"E 80.69' MAY 16, 1989 z, L11 540'41'03"E 235.35' EXISTING R.O.W. BK-1256 RICHARD M. RECP.#2205381 FEB. 14, 1990 BORYS '\ S12-T5N-R65W \ RECP.#3 886677 \ LOT A/CORR. RE-3651 \\ RECP.#3190933 LOT B/CORK. RE-3651 !�� l RECP.#3190933 \ RICHARD M. BORYS `N 'r' \.SE-1004 RECP.#3723346 #3190932 CURVE TABLE RADIUS DELTA CHD B CHD C1 39.54' 314.83' 0711'42" N86'27'43"W 39.51' C2 227.04' 314.83' 4119'07" N62'12'18W 222.15' C3 279.61' 3430.00' 04'40'15"543'38'49"E 279.54' C4 21.54' 1527.31' 00'48'28"N41'55'53"W 21.54' C C5 37.56'3430.00'00'37'38"540'59'52"E 37.55' 4 I C6 91.44' 1527.31' 03'25'49"N44'04'09'W 91.43' RIGHT—OF—WAY ,_ C7 266.57' 314.83'48'30'49"N65'48'09"W 258.68' ACQUIRED \ 10,433.42 sf. \ OR 0.24 ac.± P.O.B. \ \, . - 29.99' OESTREICH ' % _____------------- - - •� — -�bCR 58 --------- WELD COUNTY \ ---�--- ------- INVES"I INVESTMENT GROUP \ T i P.O.C. S 1/4 COR S12r45N-R65W FND 21¢" ALUM \ I I CAPSTAMPED POWER$ ELV. LS#9585 BOSCH � ��y±� WELD COUNTY DEPARTMENT RIGHT OF WAY +a�18614; OF PUBLIC WORKS ACQUISITION ,/ r i 1 WCR 49 EXTENSION „. _:�1 PROJECT BORYS PROJECT NO: SRP-23 SCALE: 1"=200 LOT-A CORR. RE-3651 G p U E T Y WELD COUNTY,COLORADO DATE: 8-2-13 DRAWN BY: JHB SHEET: 2 oft 4037147 Pages: 4 of 4 08/08/2014 03:15 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII114:118+ %rA'I*CAINIII ti II:3%hllAfMMU, 11111 Hello