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Home My WebLink About20122509.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE AND SALE OF RIGHT-OF- WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49, ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - 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, on September 10, 2012, the Board was presented with an Agreement Concerning the Purchase and Sale of Right-of-Way for Certain Improvements to County Road 49 and a Deed of Dedication 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, with terms and conditions being as stated in said agreement and deed, and WHEREAS, the board deemed it advisable to continue the matter to September 17, 2012, to allow additional time for staff to refine the terms of the agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said deed, copies of which are 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 Concerning the Purchase and Sale of Right-of-Way for Certain Improvements to County Road 49 and the Deed of Dedication 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 are, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. /0-4-V02 2012-2509 EG0064 AGREEMENT CONCERNING PURCHASE AND SALE OF RIGHT-OF-WAY 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 17th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:' • Sean P. Con (hair Weld County Clerk to the`iui •�< �,..�+,�.,� ..:. c/ illiam F. arcia, Pro- em Deputy Clerk to the Boar /}I>Jfi) L ,)t/ lU�� Barba Kirkmeyern AP E ORM: �J b David E. Long my Attorney �en cM2a d�.c/t-' 10/9 ougl s Rademacher Date of signature: 2012-2509 EG0064 RECEIVED AU3 v n�� 0 2 j►, �T,l G�� 4 MEMORANDUM COMMIS$iQIt hs 13t '- r Pi G u—T - S TO: Clerk to the Board DATE: August 30, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC genda Agreement Concerning Purchase and Sale of ROW and Deed of Dedication with Hoshiko Farms, Inc. Attached is one original agreement. M�e GeA de - do 2012-2509 f BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Agreement for Acquisition of Right of Way-Hoshiko Farms, Inc. WCR 49 Extension Project DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: August 15, 2012 PERSON REQUESTING: Dave Bauer, Public Works Director; Wayne Howard, County Engineer; Leon Sievers, Right of Way Agent Brief description of the problem/issue: Weld County is acquiring 1.93 acres of right of way from Hoshiko Farms, Inc. for the WCR 49 Extension Project. The property is located just north of State Highway 34 and just west of WCR 49. We have offered $6562 for the right of way, which is $3400/acre and is based on an appraisal report prepared in 2011 for Hamilton Hay Farms located one mile south. We are reimbursing the landowner the amount of $2100 for damages to the existing irrigation system, which includes construction of a new irrigation ditch, reconstruction of a portion of the existing concrete irrigation ditch, and excavation of a new tail water retention pond. There are no other cost to cure or damages and the landowner is a willing seller. Total reimbursement to Hoshiko Farms, Inc. is $8662.00. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Accept the values listed above and have staff present the agreement to the Board at an upcoming Board meeting or schedule a work session to discuss further. Recommendation to the Board: The Department recommends accepting the amounts offered. Approve Schedule Recommendation Work Session Comments Sean P. Conway, Chair William F. Garcia, Pro-Tem (Jw Barbara Kirkmeyer David E. Long V Douglas Rademacher Attachments: 2 Photo maps T REF: WCR 49 EXT. PROJ. EXJIIBIT-B JULY 24, 2012 -R RIXISTING OND APPROXIMATE �& LOCATION OF I I RELOCATED POND BY LAND OWNER I MINIMUM OF 10.00' FROM RIGHT-OF-WAY APPROXIMATE I I I LOCATION OF -NTS- RELOCATED DITCH I I BY LAND OWNER EXISTING DITCH TO BE I REMOVED BY WELD COUNTY APPROXIMATE LOCATION -1 I OF DRIVEWAY I I HOSIEICO FARMS TO BE DETERMINED-- BY LAND OWNER MINIMUM OF 4.00' FROM RIGHT—OF—WAY I I I I F70.00' ROW I I q I MINIMUM ACCESS o to DISTANCE FROM SH 34 co I I I I I I I EXISTING DITCH TO BE APPROXIMATE REMOVED BY WELD COUNTY LOCATION OF RELOCATED DITCH I BY LAND OWNER EXISTING CONC. DITCH ' sat o 7� I a to' i o in p3 i ce a , I i r Io t i i w4 M 4 i I ,. _ ,"�-R.. _ II. 1,- M � ----,-_,-_-,-.E-,O u - a c a8Y3}p v I.A. PO �i r- T �* � t k "-. I II L :MU',_ INCe L i. eel' ell . I , 3* Wn I )r e+i ----- -- --— — S'Li,113M3M --- ------e-- _ n� — AGREEMENT CONCERNING THE PURCHASE AND SALE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN HOSHIKO FARMS, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT ("Agreement") is made effective the, day of..c 2012, by and between Hoshiko Farms, Inc., a Colorado corporation whose address is PO 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." Owner and County shall be referred to collectively herein as the "Parties." WITNESSETH: WHEREAS, County finds it necessary to build and improve Weld County Road 49; and WHEREAS, Owner owns the property described and illustrated in Exhibit A, attached hereto and made a part hereof by this reference, which property shall hereinafter be referred to as the "Right-of-Way"; and WHEREAS, County needs and desires to acquire from Owner the Right-of-Way in order to complete said building and improvement project; and WHEREAS, said building and improvement project involves the construction and alignment of said roadway; and WHEREAS, Owner has authority to sell and wishes to sell to County the Right-of-Way needed by County for said road improvement project; NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants, promises, and conditions contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties herein agree as follows: 1. Owner agrees to sell to County and County agrees to purchase from Owner the Right-of- Way, as shown and described on the attached Exhibit A, for the sum of Six Thousand Five Hundred Sixty-Two and no/100 Dollars ($6,562.00). Additionally, County shall pay to Owner the sum of Two Thousand One Hundred and no/100 Dollars ($2,100.00) for the work undertaken by Owner to relocate the irrigation ditch and irrigation runoff pond described in Paragraph 7, below. Thus, total compensation to Owner shall be Eight Thousand Six Hundred Sixty-Two and no/100 Dollars ($8,662.00). 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances except existing easements and all other items of record in the office of the Clerk and Recorder of Weld County, Colorado. Owner shall retain the mineral Page 1 of 4 Pages 3874330 Pages: 1 of 6 09/19/2012 11:37 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIII riYRll,lS11114ll0:l#0 .W4 141 !IL ��t Bill III 07O/0?_075ey estate under the Right-of-Way, including but not limited to all of the oil and gas, oil shale, coal, and other minerals in and under, and that may be produced from, the Right- of-Way, and shall also retain any and all water rights, including any and all right, title, and interest in and to dry-up credits, currently owned by Owner and attached to or associated with the Right-of-Way. 3. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Right-of-Way. County shall pay all fees associated with recording the said Deed of Dedication. 4. The Parties hereby agree that between them neither has made or authorized any agreement with respect to the subject matter of this instrument other than that 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, hereto. This Agreement embodies all agreements between the Parties hereto as to the specific subject matter set forth herein, and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. The date of the transfer of the Right-of-Way shall be the date of delivery of the documents of conveyance. However, the parties expressly agree that Owner shall retain the right to access and to utilize the Right-of-Way for farming purposes until Owner has completed the 2012 harvest of crops. Owner agrees that County shall have exclusive possession of the Right-of-Way following the harvest season and in no event later than November 30, 2012, subject to Owner's need to access the Right-of-Way for the construction of a new irrigation ditch and retention pond, as described in Paragraph 7 below. 6. Owner represents that, to the best of Owner's knowledge, all prior general taxes levied against the Right-of=Way have been paid in full by Owner. Owner is responsible for the payment of property taxes on the Right-of-Way only through the date of delivery. 7. As stated in Paragraph 1, above, County shall pay to Owner the sum of Two Thousand One Hundred and no/100 Dollars ($2,100.00) for the relocation by Owner of a concrete irrigation ditch currently located on the east side of the property to the location depicted on the attached Exhibit B, and for the relocation of the existing irrigation runoff pond currently located at the north end of the Right-of-Way to the location depicted on Exhibit B. Owner agrees that County may inspect the site of the irrigation runoff pond before, during and after its relocation, in order to conduct soil tests and to verify that the relocation efforts are conducted in such manner as will not negatively impact the integrity of the subsurface of the Right-of-Way and new road which will be constructed in that Right-of-Way. The relocation of the irrigation ditch and the runoff pond shall be completed on or before April i5, 2013. Owner agrees to construct a separate dirt runoff ditch on Owner's property at its own expense, without cost to County. Page 2 of 4 Pages 3874330 Pages: 2 of 6 09/19/2012 11:37 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO I�l�!iUMIMCIVI, 11111 8. County agrees to grant Owner one Industrial Access driveway as an access into Owner's parcel. Said access shall be located in the South One-Half of the Southeast One Quarter of Section 13, Township 5 North, Range 65 West of the 6th P.M., ("Owner's Parcel"), as shown on Exhibit B. Pursuant to Weld County Code Provisions, the Industrial Access classification allows Owner to utilize said access for industrial, commercial, agricultural and residential purposes. County shall construct said access at its sole expense. At all times between December 1, 2012, and such time as Owner may permanently access Owner's Parcel via the above-described Industrial Access driveway, County agrees to provide to Owner a means of temporary access to Owner's Parcel along the eastern edge of Owner's Parcel. The Parties recognize and agree that Owner's Parcel may be subdivided and developed further in the future. County expressly agrees that the grant of the access described in this paragraph is not intended to preclude Owner's (or subsequent owners') right to request one or more additional road accesses. However, the grant of any such access shall depend entirely on County's process, policies and procedures concerning road accesses at the time of the request for such road access. 9. County shall notify the Weld County Assessor that the Right-of-Way has been conveyed from Owner to County. County shall be responsible for the completion of any documentation reasonably required by the Weld County Assessor to reflect the County's ownership of the Right-of-Way. However, Owner and County recognize and accept that the taxation of real property is a matter of State law and that the sale of the Right-of-Way may not significantly impact the assessed value of the Owner's Parcel. 10. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument representing the agreement of the parties to this Agreement. 11. This Agreement was made in the State of Colorado and shall be governed by, construed, and enforced in all respects in accordance with the laws of the State of Colorado, without reference to its conflict-of-laws or choice-of-laws provisions. Venue shall be proper only in the Weld County District Court for any dispute arising hereunder. 12. In the event of any litigation arising out of this Agreement, each party shall pay its own costs and expenses incurred in connection with the litigation including, without limitation, all attorneys' fees. 13. 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 their respective heirs, executors, administrators, successors, and assigns, 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 person or entity other than the undersigned Parties receiving services or benefits under this Agreement :hall be an incidental beneficiary only. Page 3 of 4 Pages 3874330 Pages: 3 of 6 09/19/2012 11:37 All R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO SH Rrrila VI AA}i MIL PHARMilli Bill 14. This Agreement expresses the Parties' entire understanding regarding the specific subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the Parties with respect to the specific subject matter of this Agreement. This Agreement may not be amended, modified, or changed, and no waiver of any provision of this Agreement shall be effective, except by an instrument in writing signed by the Parties affected by the amendment, modification, change, or waiver. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Parties have set their hands effective as of the day and year first above written. OWNER: HOSHIKO FARMS, INC. By: De is J. Hoshiko, President ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Boar $s.Q+ j OF WELD COUNTY, STATE OF COLORADO t i--*?1/4k2 96 By: Ire Deputy erk to the Bo (7` i4\ Sean P. Conway, Chai an SEP 1 7 2012 Page 4 of 4 Pages 3874330 Pages: 4 of 6 09/19/2012 11:37 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III MtMEMr101.111iNi"111III aW2,7S EXHIBIT A DESCRIPTION: The East 70.00 feet of the South One-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 EXCEPT: all that part thereof conveyed to the State Department of Highways, Division of Highways, State of Colorado by Deed recorded on July 25, 1991 in Book 1305 at Reception Number 2257398 in the real property records of the Office of the Clerk and Recorder, Weld County, Colorado. The above described parcel contains 1.93 acres, more or less. The above description was prepared by Leon W. Sievers, for and on behalf of Weld County 3874330 Pages: 5 of 6 09/19/2012 11:37 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO KIhillYl1.It11OO.� r�Nf314411� .1N't UIlI REF: WCR 49 EXT. PROJ. EXHIBIT-B JULY 24, 2012 B Fe APPROXIMATE IC3H I 1 LOCATION OF I I RELOCATED POND BY LAND OWNER I MINIMUM OF 10.00' FROM RIGHT—OF—WAY APPROXIMATE S I I LOCATION OF 1 —N TS- RELOCATED DITCH I I BY LAND OWNER EXISTING DITCH TO BE I -as REMOVED BY WELD COUNTY I APPROXIMATE LOCATION 4 I sA r OF DRIVEWAY I mD HOSHIKO FARMS TO BE DETERMINED m3 BY LAND OWNER in w, MINIMUM OF 4.00' c va FROM RIGHT-OF-WAY I LLl�°ccr:a I IV ma rti th aM v-- 70.00_ I ..3 BROW X2 MNo IO1 am,T 1 It I ra°imAni MINIMUM ACCESS b N DISTANCE FROM SH 34 a I I I I I I EXISTING DITCH TO BE APPROXIMATE REMOVED BY WELD COUNTY LOCATION OF RELOCATED DITCH I BY LAND OWNER SH34 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Hoshiko Farms, Inc.,a Colorado corporation whose address is PO Box 119, Kersey, Colorado 80644, ("Grantor")being the owner of certain property situate in Weld County, Colorado, which is described in the attached Exhibit"A"(the"Right of Way"), for and in consideration of Ten Dollars($10.00)and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,does hereby quitclaim, sell,convey, and dedicate forever to Weld County("Grantee")said Right of Way as parts of a public highway, pursuant to Colorado Revised Statute §43-2-201(1)(a); EXCEPT RESERVING UNTO GRANTOR the mineral estate under the Right of Way, including but not limited to all of the coal, oil,gas,and other minerals in and under, and that may be produced from the Right of Way; provided, however, that Grantor hereby covenants and agrees that Grantee shall forever have the right to take and use,without payment of further compensation to Grantor,any and all sand, gravel, earth, rock, and other road building materials found in or upon said Right of Way; AND EXCEPT FURTHER RESERVING UNTO GRANTOR any and all water rights, including any and all right,title, and interest in and to dry-up credits, currently owned by Grantor and attached to or associated with the Right of Way; To have and to hold the same, with all its appurtenances, free and clear of all liens and encumbrances except existing easements and all other items of record in the office of the Clerk and Recorder of Weld County,Colorado. IN WITNESS WHEREOF,Grantor has executed this Deed of Dedication on the date set forth above. •vGRANTO - osh' o Farms, I t) 7Z_ Dennis J. Hoshiko, President STATE OF COLORADO ) ) ss. COUNTY OF Weld ) q The foregoing instrument was acknowledged before me this 3 hQ day of "l(1.5/- , 20 II-, by Dennis J. Hoshiko, as President of Hoshiko Farms, Inc., a Colorado corporation. Witness my h nd and official seal. ,~a "- Notary ublic / • My commission expires: �I6 Z' \n !I /GG. , Page 1 of 2 pages '0 "eQ 3874329 Pages: 1 of 3 09/19/2012 11:37 AM R Fee.$0.00 Steve Moreno Clerkand Recorder, Weld County CO IIII il• e;;)c/ 1-,W5O9 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 Public Rights-of- Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 17th day of September 20 12 ATTEST: COUNTY OF WELD,A BODY N� CLERK TO THE BOARD OF I CD ` CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER � �� STATE OF COLORADO THE COUNTY OF WELD 4� 361 ' t, BY: ` >// ./ . it%K � et BY: Deputy Clerk .the :oard Sean P. Conway,Chair BOARD OF COUNTY COMMISSI RS OF THE COUNTY OF WELD SEP 1 7 2012 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 10th day of September 20 12, by Sean P. Conway, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. TONYA JOHNSON Witness my hand and official seal. NOTARY PUBLIC STATLORADO NOTARY ID F 001040427 6 CVV\V131bn MY COMMISSION EXPIRES OCT. 7, 2014 Notary Public) My commission expires: 1p —1 - DON Page 2 of 2 pages 3874329 Pages: 2 of 3 09/19/2012 11:37 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III I i PGA VLiiti NW:V Winn NI 1O Pi lull EXHIBIT A DESCRIPTION: The East 70.00 feet of the South One-Half of the Southeast One-Quarter of Section 13, Township 5 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado EXCEPT: all that part thereof conveyed to the State Department of Highways, Division of Highways, State of Colorado by Deed recorded on July 25, 1991 in Book 1305 at Reception Number 2257398 in the real property records of the Office of the Clerk and Recorder, Weld County, Colorado. The above described parcel contains 1.93 acres, more or less. The above description was prepared by Leon W. Sievers, for and on behalf of Weld County 3874329 Pages: 3 of 0.00 'Ave2012 11:37 ARMny RR'Fre:$ y1� iv Ste Moreno Cie/ik laintit Recorder �JfWt C eVi Rl Esther Gesick From: Bruce Barker Sent: Friday, September 14, 2012 3:05 PM To: Dan Jones Cc: Leon Sievers; David Bauer; Stephanie Arries; Esther Gesick; Barbara Kirkmeyer Subject: RE: Hoshiko Farms, Inc., Agreement Thanks. It will be on the Board's agenda for approval and signature at 9 a.m. If Dennis could deliver it before that time, that would be great. Have a super weekend! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150'O" Street Greeley, CO 80632 (970) 356-4000,ext.4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dan Jones [mailto:DJones@nocolegal.com] Sent: Friday, September 14, 2012 3:02 PM To: Bruce Barker Subject: RE: Hoshiko Farms, Inc., Agreement Hi Bruce: Dennis is fine with the proposed revisions. I expect him to sign the updated Agreement and deliver the same to Leon as soon as he's able. How early on Monday must the updated, signed Agreement be received by Leon to make it before the Board? Thanks. Dan Jones Otis, Coan& Peters, LLC Telephone: (970) 330-6700 From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent:Thursday, September 13, 2012 1:52 PM To: Dan Jones 1 Cc: Stephanie Arries; Leon Sievers; David Bauer Subject: Hoshiko Farms, Inc., Agreement Dan: Please see the attached. The pdf entitled, "Hoshiko 9-10-12 Agreement," is what was submitted to the Board of County Commissioners on Monday, September 10, 2012. It consists of the agreement to purchase right-of-way and compensate for irrigation ditch and pond relocation, and the Deed of Dedication. Those documents were signed by Dennis Hoshiko on August 3, 2012. At the Monday Board meeting, Commissioner Kirkmeyer asked if staff was sure that Hoshiko Farms would be made whole with the payment of$2,100 for the irrigation ditch and pond relocation. It was represented that the$2,100 was calculated from 2 bids which are in the 2' attached pdf. However, the Board continued the matter until Monday, September 17, 2012,to give staff time to double-check with Dennis to make certain the company is being made whole. The Board also asked that Paragraphs 1 and 7 be reworded so as to better state the payment arrangement which is being agreed to. Hopefully,the attached Word document does that. I left a message for Dennis this morning before I talked to Stephanie Arries and found out that you represent Hoshiko (Stephanie would normally handle this, but is at a class all week). I will not speak with Dennis about this; rather, I will proceed through you. Please let me know if the $2,100 is sufficient to cover all of Hoshiko's expenses in the relocation, and if the attached Word doc is acceptable. Unfortunately, we will need to have Dennis resign the agreement and return it to Leon Sievers. Hopefully that can be done before the matter is reconsidered by the Board on September 17th. Thanks! Please feel free to call me if you have any questions or need additional information. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970)356-4000,ext.4390 Fax: (970) 352-0242 sq.� Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello