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Home My WebLink About20141442.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - HOSHIKO FARMS, INC. 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 Temporary Construction Easement for 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 Hoshiko Farms, Inc., P.O. Box 119, Kersey, Colorado 80644, commencing upon full signature, and ending two years after the start date of construction for the Temporary Construction Easement, or upon completion of the project, whichever is earlier, with 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 Temporary Construction Easement for Certain Improvements to County Road 49 Extension, 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 Hoshiko Farms, Inc., 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 Pw( is,4C� 5/2E 2014-1442 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HOSHIKO FARMS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ATTEST: demo& Cd „„/ ;e,k. ojgla Radem cher Chair Weld County Clerk to the Board �► E L A � rbara Kirkmeyer, Pro-Tem I BY: D • y Clerk to the Bo-G�es� i (` .}a�;� CUSED :row n P. Conway AP 8'TO ORM: ' Mike Fr man Cct y Attorney Wi iam F. Garcia Date of signature: 5la0iig 2014-1442 EG0070 1$61 MEMORANDUM TO: Clerk to the Board DATE: May 8, 2014 ��courr ? YY FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to WCR 49,being a part of the WCR 49 Extension Project with Hoshiko Farms, Inc. One original agreement is attached. MWrancie\AGENDA memm\Ayenda-Leon-2.doe 2014-1442 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 , BETWEEN HOSHIKO FARMS INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /of day of n 2014,by and between Hoshiko Farms Inc., a Colorado corporation whose address is P.O. Box 119, Kersey, Colorado 80644 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 build Weld County Road 49, which will involve said road's 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 rebuild an access which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit"A"(a copy of which is attached hereto and made a part hereof by this reference), for the sum of Six Hundred,Five Dollars,and no/100 Dollars, ($605.00). 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 and made a part hereof by this reference), for the sum of Three Hundred and no/100 Agmt for Purchase of ROW and Temp Easement-immed Possession Before I ransfer Page I 4017994 Pages: 1 of 8 05/22/2014 12:27 P11 R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO U III aD/y-/94'a 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 at the beginning of construction and shall expire and be of no further force or effect 2 years after that start date 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 to 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 the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 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 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 Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 2 4017994 Pages: 2 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 Fan L1.41141 %16'iri Yam 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 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 the transfer of title. 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. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Temporary 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 Temporary Construction Easement 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 and Temporary Construction 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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 4017994 Pages: 3 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III PAUL M11#4'It ��+Lra#.1%7AO Ala11111 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. HBy: I F SI)�� Dennis J..‘ 17os Hoshiko, President BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO D ATTEST: �N1k--)/•IC> ; CJv'1.-.C Wd • , ,,/ / Doug as Radema her, Chair . G �Cl� t c Weld County Clerk to the Beard La% MAY 1 2 2014 BY ��/�/,r_ ; ._I/ 1��/ i O ‘2�� Deputy Cler to the Board • r© 1 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 4 4017994 Pages: 4 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO liiiFAIPL 1l�9�«1'h✓<hl�i1 �'��hKt��t:lIi �+1��, �IIII &o/d- iyz EXHIBIT-A SE 1/4 SI3-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST 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 THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1662267 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF • • 1320.93 FEET TO THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 0070'37" WEST ALONG SAID EAST LINE TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 120.00 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'57'25" WEST TO A POINT WHICH INTERSECTS SAID NORTHERLY RIGHT-OF-WAY LINE AND THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 70.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'57'25" WEST A DISTANCE OF 85.41 FEET; THENCE NORTH 36'35'02" EAST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 142.16 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'20'37" EAST A DISTANCE OF 114.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4872.23 sf. OR 0.11 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 • RIGHT OF WAY '41‘t--"A'1861 WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION WCR 49 EXTENSION ^" PROJECT HOSHIKO FARMS PROJECT NO: SRN 23 SCALE: WELD COUNTY,COLORADO CO U N_T T, DATE: 2-15-13 DRAWN BY: JHB SHEET: I of2 4017994 Pages: 5 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO VIII M1�1�1'TI�,tilh�i+�p&J f�'rI R�'11L�f1FLfd�lUr� I� YIIF �I III EXHIBIT-A SE I/4 S13-T5N-R65W I S 1/16 COR AND`- ", IA7 hCp 513-T5N-R65W I ANDRITW •AY IiOP FND 3 1/4" A.C. &l'Al Al r 11OP .,r �� ,:ao STAMP LS#22098 2005 I R R R NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. . I IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION Ty cc / / I : S% SW/ J ONLY. Sl3 �,/ R/1vV i S/8-15A-R6/If I k i EXISTING-� 70' �—IP RIGHT-OF-WAY i I ci HOSHIKO FARMS Z I RECP.# 1662267 efI IHm �I I rnI � N LINE TABLE mi LINE BEARING DISTANCE SHIRLEY HOWARD Ll N00'20'37"W 120.00' In' LOT 9/RE-nn L2 589'57'25"W 70.00' ,I L3 S89'57'25"W 85.41' , „�� L4 N36'35'02"E 142.16' ' '-I L5 S00'20'37"E 114.09' I 3I le MI RIGHT—OF—WAY ACQUIRED ' a R 4872.23 sf. OR 0.11 ac.± I o ' z SHIRLEY HOWARD SE-1121 EXISTING R.O.W. (CDOT) I BK-1305/RECP.#2257398 JUL. 25, 1991 L2 I _____� -------- US HWY 34 ---------o -----P.O.B. J -POCC--- S89.5T25"W -- --- --__-__--- --_-------'------- SE COR S13-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS#17508 I 1992 IN MON. BOX RIGHT OF WAY y WELD COUNTY DEPARTMENT ACQUISITION 86i OF PUBLIC WORKS WCR 49 EXTENSION PROJECT • • HOSHIKO FARMS PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO ,COUNTY DATE: 2-15-13 DRAWN BY: JHB SHEET: 2of2 4017994 Pages: 6 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO lIII Nrr11u'V,I.WI4Itilitli ALIL'dil: Ir F'l! R iiiihr tii II III EXHIBIT-B SE 1/4 S13-T5N-R65W PROPERTY DESCRIPTION TEMPORARY EASEMENT PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 NORTH, RANCE 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. 1662267 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER AS BEARING SOUTH 00'20'37" EAST A DISTANCE OF 1320.93 FEET TO THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'20'37" EAST ALONG SAID EAST LINE A DISTANCE OF 150.70 FEET; THENCE SOUTH 89'39'23" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 70.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'20'37" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 100.00 FEET; THENCE SOUTH 89'39'23" WEST A DISTANCE OF 96.74 FEET; THENCE NORTH 00'20'37" WEST A DISTANCE OF 100.00 FEET; THENCE NORTH 89'39'23" EAST TO A POINT ON SAID WESTERLY RIGHT—OF—WAY LINE A DISTANCE OF 96.74 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,674.24 sf. OR 0.22 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 I X861 WELD COUNTY DEPARTMENT TEMPORARY OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION .�� ItaN± PROJECT HOSHIKO FARMS Y PROJECT No- SRP-2s SCALE: W >ELD COUNTY,COLORADO G O U_N� 71 t DATE: 2-28-14 DRAWN BY: JHB SHEET: 1 oft 4017994 Pages: 7 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO ■III l4��1h'I'�li. k�Pr� 11 ,Li�IR�Y��1'K! 'i II III EXHIBIT-B SE 1/4 S13-T5N-R65W iV �K71 l v� 5 1/16 COR . )ADRI 1 A 0'l' '° S13-75N-R65W ,, PAt .. . .)P Z PAI.[ AI LG 1t01' FND 3 1/4" A.C. P.O.C. TE #2 or i:/F:�—aoso STAMP LS#22098 2005 R R R IP P.O.B. NOTE: THIS EXHIBIT MAP DOES NOT )/ } t ' ' io ,�3-t.`-?tai;lf REPRESENT A MONUMENTED LAND . _ � SURVEY OR LAND SURVEY PLAT. L5 L1 IT IS INTENDED TO ILLUSTRATE THE A ATTACHED PROPERTY DESCRIPTION _y` J ONLY. TEMPORARY EASEMENT (f;, ACQUIRED s t 9,674.24 sf. OR 0.22 ac. L3 I "L''-; LINE TABLE ( i LINE BEARING DISTANCE L1 589'39'23"W 70.00' EXISTING L2 50020'371 100.00' RIGHT-OF-WAY�I 70' L3 589'39'23"W 96.74' ~ RECP.//3874329 �I zI L4 NOO'20'37"W 100.00' L5 N89'39'23"E 96.74' QI Mil I o mI HOSHIKO FARMS I P � RECP.# 1662267I&oI :,k,II1RT c ,;a) OT / a ir I31 I h-oI N oI R zI z ACC., RED SHIi:dJ -1l:1) J.V ' EXISTING R.O.W. (CDOT) N, , BK-1305/RECP.#2257398 1`0 !. JUL. 25, 1991 -.... _....J USHWY34 o --------- ------- ------S89'5T25"W------ SE COR S13-T5N-R65W FND 3 1/4" A.C. STMP.CDOT LS//17508 I 1992 IN MON. BOX �,�p WELD COUNTY DEPARTMENT TEMPORARY i861 OF PUBLIC WORKS EASEMENTr WCR 49 EXTENSION �y �, PROJECT HOSHIKO FARMS 9l. PROJECT NO: SRP-23 SCALE: 1°�00 WELD COUNTY,COLORADO O U NI Y r DATE: 2-28-14 DRAWN BY: JHB SHEET: 2 of2 4017994 Pages: 8 of 8 05/22/2014 12:27 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■III Nrih'u!II iWiMi'Ni4't'&!IIIA:IVillI VIM LVIIiil EN MEMORANDUM jfrtit, � : _ �4 TO: Clerk to the Board DATE: August 29, 2014 FROM: Leon Sievers,Public Works Department SUBJECT: Consent Agenda Item Doc. No. 2014-1442 Deed of Dedication for Public Highway with Hoshiko Farms Inc. on WCR 49. Enclosures RECEIVED WELD COUNTY COIVIMiSSiONEAS NI Finncic AOILNDA memo. VgL,nde-Lmo-'_dM CAN1AizataC PL.) (re, r_s) 2014 - W`12 (3 - 8- ),f CH-14 £r, 00-70 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 2.'Mday of (Sitist , 2014, between Hoshiko Farms Inc., "Grantor" whose legal address is P.O. Box 119, Kersey, Colorado 80644 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. c ` IK(\ RMIN Dennis J Hoshlk , President Q/26 � c.pe Date STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thisZ t day of b.- 9 v r 2014, by Dennis Hoshiko. Witness my hand an STATE F COLORADO 1 —POLt� NOTARYM4024300Z TE2W fotary Public MYCOSMO& My commission expires: 8—Br/ Deed of Dedication Page 1 4045987 Pages: 1 of 4 09/15/2014 03:53 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO O1W��/I,�� VIII Eirjl t�Nii VIVO I,� �(ArL'4GJ�1',i{�!,( }Y4r} �I II I EG047v IL 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 September , 2014 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diawv / ` (4), �rv�C�al Dougla'Rade cher, Chair SEP 082014 Weld County Clerk to the Board 40. BY- ;4(VA Sid 0• it ,.v De5uty Clerk to the Board 1 . 0 1/41161 STATE OF COLORADO ) %41 l \ ) ss. - COUNTY OF WELD ) Th- foregoing instrument was acknowledged before me this $th day o`k5 a A , 2014 , by, 12/,(01, , Chair, Board of County Commissioners of the County of Weld. aac d enwschsk, Witness my hand and off RAFAELA ALICIA MARTINEZ - NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002878 N Public MY GCS/MISSION EXPIRES JANUARY 22.2018 My commission expires: dquw-akit-,22, 2018 Deed of Dedication Page 2 4045987 Pages: 2 of 4 09/15/2014 03:53 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��/�—/�� I111��1l�'�Au MAIM I �'II�:1R WJII'J�r��hl'Y41h �� 2 1 EXHIBIT-A SE 1/4 SI3-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST 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 THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1662267 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH HALF OF THE SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF 1320.93 FEET TO THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'20'37" WEST ALONG SAID EAST LINE TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 120.00 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'57'25" WEST TO A POINT WHICH INTERSECTS SAID NORTHERLY RIGHT-OF-WAY LINE AND THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 70.00 FEET AND BEING THE POINT OF RFGINNING, THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'57'25" WEST A DISTANCE OF 85.41 FEET; THENCE NORTH 36'35'02" EAST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 142.16 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'20'37" EAST A DISTANCE OF 114.09 FEET TO THE POIIjT OF BEGINNING. SAID PARCEL CONTAINS 4872.23 sf. OR 0.11 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \ \\�\\l1 I I Ill.o//// .. S /..• LEON LEON W. SIEVERS -:- (j RS PLS 23520 N% 18 It a�ot.. RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS 1 , - 1� WCR 49 EXTENSION PROJECT HOSHIKO FARMS A ! PI ' PROJECT NO: SRP-23 SCALE: WELD COUNTY.COLORADO 2 r Q U N T Y 4045987 Pages: 3 of 4 DATE: 2-28-14 DRAWN BY: JHB SHEET: loft 09/15/2014 03:53 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII P J 'V If"�I44�h'Yl PIi�.NOhRlhl� liiwlli�� "I III EXHIBIT-A SE I/4 S13-T5N-R65W S 1/16 COR ANDREW JAY HOP 513—T5N—R65W I ANDREW JAY HOP &PAULA Leh IIOP FND 3 1/4" A.C. &PAUL L L A I. HOP LOT e/ne-404O STAMP LS#22O98 2OO5 I It It I It ' NOTE: THIS EXHIBIT MAP DOES NOT I REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. • I IT IS INTENDED TO ILLUSTRATE THE %ATTACHED PROPERTY DESCRIPTION SY2 -SE 1/4 I S4 -SW 1/4 5 -X 4W ONLY. Sl8 /S 6 Sl3-TSA'-R6�W i I EXISTING 7O' RIGHT-OF-WAY , I I OI HOSHIKO FARMS ' 1 LI RECP.# 1662267 w m cSI LINE TABLE I ' m LINE BEARING DISTANCE iSHIRLEY HOWARD \\O L2 Ills/ L2 589'577'25"W 170.00' I rnl ore a-am `'� � . w. •_. ,,,�, L3 589'57'25"W 85.41' , nl \ S/ r .-I �;4, FG�•a L4 N36'35'O2"E 142.16' • -2; _ L5 SOO'2O'37"E 114.09' Pi 23520 N: = " MI ti's L9 ••-- RIGHT—OF—WAY ACQUIRED I R *i C 4872.23 sf. OR 0.11 ac.± I o� /y. Z /i/////////ice \'' '\\\ I I SHIRLEY HOWARD SE-1121 EXISTING R.O.W. (CDOT) I BK-1305/RECP.4257398 ---- - --- - JUL. 25, 1991 L2 li US Ham'-34 No P.O.B. 1 fP.O.C. 89'57'25"W_ _ _ _ _ _ _ _ _ _ _ _ _ 65 _ _ 5. _ _ _ -_-- _ - SE COR S13-T5N-RW FND 3 1/4" A.C. I _-_--�- STMP.CDOT LS#175O8 I 1992 IN MON. BOX RIGHT OF WAY ��ww WELD COUNTY DEPARTMENT 'U` 1$61 OF PUBLIC WORKS ACQUISITION 1 r l r. ! - '1 WCR 49 EXTENSION PROJECT HOSHIKO FARMS - 1 ! ' PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO COUNTY 1 4045987 Pages: 4 of 4 DATE: 2-28-14 DRAWN BY: JHB SHEET: 2of2 09/15/2014 03:53 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co IIIIWPaIrtIVINAMiAlS5IDEttilf IliWiiiii, 11111 Hello