Loading...
HomeMy WebLinkAbout20072634 RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13, ACCEPTANCE OF GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HICKS AND JOHNSON DACONO FARM, LLP 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 Concerning the Purchase of Right-of-Way for Certain Improvements to County Road 13 and the Acceptance of the Grant of Permanent Easement and the Temporary Construction Easement 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 Hicks and Johnson Dacono Farm, LLP, 1417 Rembrandt Road, Boulder, Colorado 80302,with terms and conditions being as stated in said agreement and acceptance of Easements, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said easements,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 of Right-of-Way for Certain Improvements to County Road 13 and the Acceptance of the Grant of Permanent Easement and the Temporary Construction Easement 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 Hicks and Johnson Dacono Farm, LLP be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2007-2634 00 NO, PL APPL EG0056 O1- -d-7 IMPROVEMENTS TO COUNTY ROAD 13 PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 20th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELIOUIY, COLORADO ATTEST: gel/ Q, c>\ ` LA E. Long, Chair Weld County Clerk to the B 'rd 4ww.; :, 1861 fic9• Ilia rk Pro-Tem BY: ,/ i _• � ��j�i, g Deputy Cle r to the Boar�� iam F. Garcia APPRO E AS T9 a : Robert D. Masden my Atto ney _ 4 �_ ,C,r-- �ougla. Rademacher Date of signature: 9—el-O7 2007-2634 EG0056 MEMORANDUM ' TO: Clerk to the Board DATE: 8/13/2007 • FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Agenda Item Agreement Concerning Purchase of ROW for Certain Improvements to WCR 13 with Hicks& Johnson Dacono Farm, LLP The appropriate documentation is attached. M:\Francie\Agend-Leon.doc G2A13011H bitZdhI91 1G1 S83NOISSINN03 AJNt103 013M 2007-2634 330 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN HICKS &JOHNSON DACONO FARM, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 3'3 day of A�sT ,2007,by and between Hicks and Johnson Dacono Farm,LLP, a Colorado Limited Liability Partnership whose address is 1417 Rembrandt Road,Boulder, CO 80302 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 915 10* Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS,Owner owns the property described in the attached Exhibits"A" hereinafter referred to collectively as"Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described in Exhibits "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of SIXTEEN THOUSAND ONE HUNDRED THIRTY SEVEN and 00/100($16,137.00)dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication,free and clear of all encumbrances, except existing easements. Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 1 1 111111 11111111111111111111111111111111 III VIII 1Iii 1111 3505330 09/19/2007 03:12P Weld County, CO 1 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than 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 and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance, 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 all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner represents that he/she is the owner of the Right-of-Way. 7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County agrees to compensate the Owner the sum$11, 864.00 for oil/gas line easement referred as PE described in attached"Exhibit B". 9. County agrees to compensate the Owner the sum $273.00 for temporary easements referred as TE-6 South and TE-6 North described in attached"Exhibit C". 2 1111111 11111 111111 III 111111 111111 111111 11111111 IIII IIII 3505330 09/19/2007 03:12P Weld County, CO 2 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 on the day and year first above written. OWNER: HICKS AND JOHNSON DACONO FARMS, LLP, a Colorado Limited Liability Partnership By: Title: / / rAA1d60C,_. Date: 8/ 3 /07 ATTEST: 1 , A ` BOARD OF COUNTY COMMISSIONERS � �„„/,,�� Elsa OF WELD COUNTY, STATE OF """^'f! COLORADO Weld County Clerk to the B dferti,p 1132 k �, By: Pr, BY: eo De ±thYBoard L' David E. Long. Chairm Board of County Commissioner f Weld County, Colorado UG 2 0 2007 3 1 111111 111 111111 III 111111 111111 111111 111 11111 1111 1111 3505330 09/19/2007 03:12P Weld County, CO 3 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 400 1_076.3 EXHIBIT "A" PROPERTY DESCRIPTION (1 of 3) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Warranty Deed (WD) recorded December 16, 2004 as Reception No. 3244691 of the records of the Weld County Cleric and Recorder(WCCR), located in the Southwest Quarter (SW1/4) of Section Eighteen (18), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18 as bearing North 00°09'18" West,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2659.46 feet with all other bearings contained herein relative thereto: rth line of said S1/4 a stance of THENCEote EastlRight of-W aya(ROW) of said 89°37'31" Est along the oWCR13 as esttablished byrthat ac epted R feet 0 Road Viewer's Report (RVR) recorded Apri118, 1884 rBEGIcNNING�ge 109 of the records of the WCCR, said point being the POINT O THENCE continuing South 89°37'31" East along said North line a distance of 58.66 feet to the beginning point of a curve, said curve being non-tangent to aforesaid line; said curve e along radius of 1565.00 of a curve tch is concave to the West a feet, a central angle of 02°31'13"distance and alo g chord said cu bearing South 03°28'54" West a distance of 68.83 feet to a Point of Tangency (PT);21 .69 ft to a THE along the arc of acury 04°44'30" estawl which is odistance f cave to the East aoint of distanceLrvature of 124.41 feet, THENCE g said curve having a radius of 1445.00 feet,.a central angle of 04°55'59" and a long chord bearing South 0296'31" West a distance of 124.38 feet to a PT, said point lying on a line being Thirty (30) feet, as measured at a right angle, East of and parallel with said East ROW; ____;T1: a^d9J 11 1)1 IIIIIIIIIIIIIIIIII RIB IIIIIIIIIIIIIII Will IIII 45of3 6 R 0000D70.00 fSeve Weld Mor no Clerk& Recorder M:\2004295\property descriptions\ROW-6-PROP-DESC.doc Last printed 2/19/2007 9:18 AM (2 of 3) THENCE South 00°11'29" East along said line being 30 feet East of and parallel with said East ROW a distance of 834.24 feet to the Northerly line of that parcel of land described in that WD recorded December 16, 2004 as Reception No. 3244692 of the records of the WCCR; THENCE North 76°13'54" West along said Northerly line a distance of 30.91 feet to said East ROW; THENCE North 00°11'29" West along said East ROW a distance of 1239.19 feet to the POINT OF BEGINNING; Said parcel contains 42,582 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it?-thin -opd correct to the best of my knowledge and belief. o.-y�,h1Fl� „Ces r p.� i tR e 34995 lc54rr 00-1 ihhalf of Ring Surveyors, Inc. Ste r���� � ' Colorado s t Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 3505330 09/19/2007 03:12P Weld County, CO 5 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\2004295\property descriptions\ROW-6-PROP-DESC.doc Last printed 2/19/2007 9:18 AM FIICKS, JOHNSON 8c DACONO FARM RIGHT—OF—WAY SWY4 SEC. 18, T.1 N., R.67W. . NORTHWEST CORNER (3 of 3) LINE TABLE SEC. 18, T.1 N., R.67W. LINE BEARING LENGTH L1 S8937'31"E 30.00' m 58.66' z LO L2 589'37'31"E a ,��gLv�dCC I(.P.�' L3 504'44.30"W 219.69' wiN MUMS m 3 I R2Eic .NO ' S9 L4 500'11'29"E 34 8 .24'Ow Or L5 N76'13'54"W 30.91' Or L6 N00'11'29"W 1239.19' 3F d�PS J a wig,' Bern IL . -'' a b Li CENTER QUARTER CORNER DNS PRO Na 7 2iy m Z POINT OF BEGINNING SEC. 18, T.1N., R.67W. 1. L2 ROCESS/NC AND WEST QUARTER CORNER tr. U PRERE/S A 50'EASEMENT COMPANY FORTTH�7RANSPORTAP ON OF 02, ETCAMOCO IN WE SEC. 18, T.1 N., R.67W. POINT OF COMMENCEMENT I I i SIV1/4 OF SEC. RECN011664639/1 LOCA770N CANNOT SE DETER/WA/ED FROM M N n u 6 J 50'PANHANDLE EASTERN PIPE LINE COMPANY aw CON a `m EASEMENT.(8819 REC. NO. 1794646 Pe-1 CO N o'"' I - U o0 I- O N a) au I I a�/-JCSAT -2 9-L - n4cON® 1C'am L a) (0 o -.- t I I I RFC NO- .2 3%1 0 ° • ac ti , I USN c =s 0 o n▪ o E ° C I 60' RIGHT—OF—WAY W _ c m o o t PER ACCEPTED ROAD VIEWER'S REPORT F o N o N N u o DATED 4-17-1884 a N • m'> ° RECORDED 4-18-1884 848 P109 H Q Co Ole-, o `�3a k?: . ui v -0 73 I t 0 200 U Ga Liii a __, 0 , I 200 100 B as Z N oUa I ^��l 1n— 200' Z m — _ Es2 1 0 46 0 c O stt! 5v C L, 2 E' �\_1 o-- i 'p.r� PIA �` �, �� �... vo ii1 c.) ti 11 00= �'9 4 o u1 o— �r�G i v o 34995 n• Zoo-1 G,�— — 'es: 0 -c— I I t ',er • oo CO� I -- . �T yN� / I I Steven A. Ac}ESd�T'•`, `�f of King Surveyors, Inc. CD * Colorado Reg' 'fired essional 0 a� j I ) Land Surveyor #34995 3 N — ( LS NO o0 \ �� ,nr� -Fa SOUTHWEST CORNER I NO. 3244692aec� sEc. 1e. T,/„ R.s7w. I PROJECT N0:2004295 KING SURVEYORS, INC. DATE: 02/13/2007 Et 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 i fax: (970) 686-5821 DWG:ROW-6-HICKSJOHNSONDACON I w ww.lringsurveyors.com DRAWN: MCD CHECKED: SAL EXHIBIT "B" GRANT OF PERMANENT EASEMENT This Grant of Permanent Easement is made by and between Hicks and Johnson Dacono Farm, LLP, a Colorado Limited Liability Partnership (Owner), whose address is 1417 Rembrandt Road Boulder, CO 80302 (collectively referred to herein 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 915 10th Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non-exclusive, perpetual easement, for the purpose of the construction and maintenance of a+oil and gas lines, The location of the easement parcel is described as follows: See Easement Exhibit"A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the construction and maintenance of an oil and gas line. Upon execution of the Permanent Easement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the daily operation, access and maintenance of said utilities. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon, passage over any of material and equipment on such area as may be necessary or useful for the construction, maintenance, and repair of said oil and gas lines This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties, their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. MUM 11111 111111III 111111111111 3505330 09/19/2007 03:12P Weld County, CO 7 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: HICKSAND JOHNSON DACONO FARMS, LLP, a Colorado Limited Liability Partnership By: Title: fry)awia`st a-ksPu, MEIiCo STATE OF GOLORADO ) Q )ss. COUNTY OF - ?`ril- RG- ) The foregoing instrument was acknowledged before me this -a Ka,day of �_ 2007, by S, L. �ytttu3o.7 as Ham&e +._ Hicks and Johnson Dacono Farms, LLP, a Colorado Limited Liability Partnership. Witness my hand and official seal. P . is "ii,.. o My commission expires: @ a `: Greta Kjolhede k 8 `mil " STATE OF NEW ME XICO My Commission Enpim... The Grantee hereby accepts this easement for the purposes set forth herein on this the r day of .(1vs1-- , 2007 COUNTY OF WELD, STATE OF ATTEST:tits/4W COLORADO, GRANTEE 1/O ' 186, fa•1 J J Co( D uty Clerk to th Bo ar _ vid E. Long, Chi an, Board of \ , �r ounty Commissi rs of Weld ' ° S‘' *P County, Colorado 111111111111111111III IIIII Jill Jill Ui!'i!J'iL!1Ei1!tiJI' 03:12P Weld County, CO 8 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT - A A STRIP OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. #3244691 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'09'18" WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2659.46 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89'37'31" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 A DISTANCE OF 88.66 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'37'31" EAST A DISTANCE OF 50.03 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 72.65 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1615.00 FEET; CENTRAL ANGLE IS 02'34'38" WHOSE CHORD BEARS SOUTH 03'27'11" WEST A DISTANCE OF 72.64 FEET; THENCE SOUTH 04'44'30" WEST A DISTANCE OF 219.69 FEET TO A POINT ON THE CURVE TO THE LEFT; THENCE 120.11 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1395.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS SOUTH 02'16'31" WEST A DISTANCE OF 120.08 FEET; THENCE SOUTH 00'11'29" EAST A DISTANCE OF 846.67 FEET; THENCE NORTH 76'13'54" WEST A DISTANCE OF 51.53' FEET; THENCE NORTH 00'11'29" WEST A DISTANCE OF 834.24 FEET TO A POINT ON THE CURVE TO THE RIGHT; THENCE 124.42 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1445.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS NORTH 02'16'31" EAST A DISTANCE OF 124.38 FEET; THENCE NORTH 04'44'30" EAST A DISTANCE OF 219.69 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT; THENCE 68.84 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1565.00 FEET; CENTRAL ANGLE IS 02'31'12" WHOSE CHORD BEARS NORTH 03'28'54" EAST A DISTANCE OF 68.83 FEET; TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 62,657 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DOCUMENTS RECORDED UNDER RECEPTION #3244691. FOR AND BEHALF OF WELD COUNTY COLORADO "�``tp001RE / LEON W. SIEVERS PLS 22023520 s % ,3;.7-12-D7 c .t"11111110\. i i.. 1111111 HE 111111 III Ell 111111 HEM 11111 MI IIII 0.----Thi Li:, 3505330 09/19/2007 03:12P Weld County, CO 9 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 444 lig WELD COUNTY PUBLIC WORKS DEPARTMENT Wj l l WELD COUNTY ROAD 3 SHEET DR UTILITY EASEMENT AWN: JHB /� • OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: 6-26-07 1 OF / COLORADO EXHIBIT 1 L.� UTILITY EASEMENT SOUTHWEST QUARTER SECTION 18, -TOWNSHIP 1 NORTH-RANGE 67 WEST NORTHWEST CORNER S18—T1N—R67W IW CPI � I N z N� m $ CENTER QUARTER CORNER In 518—T1N R67W Pa WEST QUARTER CORNER co 518—T1N—R67W / POINT OF BEGINNING L1 L2 ■ U, U 200 100 0 200 N 50' M J SCALE: 1"=200' M NOTE: THIS NON-EXCLUSIVE HICKS&JOHNSON GENERAL UTILITY EASEMENT d DACONO FARM, LLP ALLOWS THE USE OF TRANS- a MISSION OF GAS AND RHC'EPHON#3244691 c mom m 8a PETROLEUM PRODUCTS. V m 1n act q a mmaa � o / -o 2 50' UTILITY EASEMENT mom IV')is / 62,657 sq.ft.t d CM OM.-r ai.5o 30' ROW-y a o o BK.48/PG.109 'al r..,c 0 —ocm, al ADDITIONAL ROW X111111111// �p0 RE6 ///i —ail- Co10 .moo .•NI S� .'' ` \off 0 o / N' LINE TABLE23520 - L1 589'37'31"E 88.66' / 12 p7: % 7 L2 589'37'31"E 50.03' / . L3 SO4'44130"W L4 50011'29"E 846.67' ///10011H11110\ / L LAPA\11�\�` , L5 N76'13'54"W 51.53' I.5 1111 I L6 NO0'11'29"W 834.24' L7 N04'44'30"E 219.69' SOUTHWEST CORNER 518-T1 N-R67W ANDORA INVE'STME'NTS LLC. RECEPTION#3244692 N CURVE LENGTH RADIUS DELTA CHD.BEARING CHD.DIST. I Cl 72.65' 1615.00' 2'34'38" 503'27'11"W 72.64' C2 120.11' 1395.00' 4'56'00" 502'16'31"W 120.08' C3 124.42' 1445.00' 4'56'00" NO2'16'31"E 124.38' C4 68.84' 1565.00' 2'31'12" NO3'28'54"E 68.83' WELD COUNTY I PUBLIC WORKS DEPARTMENT VI D WELD COUNTY ROAD 13 DRAWN: JHB SHEET UTILITY EASEMENT C OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: 6-26-07 COLORADO EXHIBIT MAP SCALE: 1"-200' 2 OF 2 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Hicks and Johnson Dacono Farms, LLP, a Colorado limited liability Partnership (Owner), whose address 1417 Rembrandt Road, Boulder, CO 80302 (Grantor) 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 915 10th Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for purpose of driveway construction to Weld County Road 13, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT"A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on October 1, 2007, and shall expire and be of no further force or effect on October 1, 2008, or at the end of road construction, which ever is earlier. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures, which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of TWO HUNDRED SEVENTY THREE and no/100 ($273.00) dollars for the execution of this Temporary Construction Easement referred as TE-6 North and TE-6 South described in attached "Exhibit "A„ d County, vu11111'WIIU!'1111111!Y412 !!!!LrIIII11111I1 � 1 5 of 16 R 0.00 D 0. tev More IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. OWNERS: HICKS and JOHNSON DACONO FARMS,LLP, A COLORADO LIMITED LIABILITY COMPANY By "CJe1u,...-__• Title: I_____ ___ STATE OF COLORA�O ) )ss COUNTY OF WELD• ) The foregoing instrument was acknowledged before me this-344 day of Q.u_-y . , 2007, by "Al—. Jm/f„13o,J as 1nty,J,+c p-e, Hicks and Johnson Dacono Farms, LLP, a Colorado Limited Liability Company. Witness my hand and official seal. Notary Pub c OPP101AL SEAL My commission expires: ,""°c CAROLYN W FINDLAY /. J.-0i/ NOTARY PUBLIC '-d STATE OF NEW MEXICO My Comm.Exp. /—2- aoi/ GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: �� '� 1 /. j � COUNTY OF WELD, STATE OF �" ��CO ORADO, GRANTEE(1" F4 krio qv ,tec.4, De ty Cl to the Board +J , �avzd E. Long, Chai , Board of County 6'5 Commissioners. 1111111 11111 111111 III 111111111111111111 III 111111 III IIII 3505330 09/19/2007 03:12P Weld County, CO 12 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" PROPERTY DESCRIPTION (1 of 2) A parcel of land,for temporary construction easement purposes,being a part of that parcel of land described in that Warranty Deed (WD) recorded December 16, 2004 as Reception No.3244691 of the records of the Weld County Cleric and Recorder(WCCR), located in the Southwest Quarter (SW114) of Section Eighteen (18),Township One North (T.1N.),Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6'h P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18 as bearing North 00°09'18"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2659.46 feet with all other bearings contained herein relative thereto: THENCE South 89°37'31"East along the North line of said SWl/4 a distance of 88.66 feet to the POINT OF BEGINNING; THENCE continuing South 89°37'31"East along the North line of said SW1/4 a distance of 110.05 feet to the beginning point of a curve,said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 19:82 feet,said curve having a radius of 1675.00 feet, a central angle of 00°40'41" and a long chord bearing South 02°26'21"West a distance of 19.82 feet; THENCE North 87°13'19" West along a line being non-tangent to aforesaid curve a distance of 110.00 feet to the beginning point of a curve,said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 15.20 feet,said curve having a radius of 1565.00 feet, a central angle of 00°33'24" and a long chord bearing North 02°29'59"East a distance of 15.20 feet to the POINT OF BEGINNING. Said parcel contains 1,926 sq.ft.,more or less (t),and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A.Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checicing, and that it is true and correct to the best of l w edgeand belief. e:f R r 34995 l 2OC 1 Ste d `Id@e.;Wt'nr of King Surveyors,Inc. Color y fessional Land Surve atfitW5 KING SURVEYORS,INC. 650 Garden Drive Windsor, Colorado 80550 1 NI 11111 111111 III lit 111111 flu III 111111 III II (970)686-5011 3505330 09/19/2007 03:12P Weld County, CO M:\2004295\property descriptions\TCE-6-PROP-DESC.dac 13 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Last printed 2/19/2007 9:46 AM HICKS, JOHNSON & DACONO FARM TEMPORARY CONSTRUCTION SWY4 SEC. 18, T.1 N., R.67W. EASEMENT NORTHWEST CORNER (2 of 2) ! SEC. 18, T.1N., R.67W. LINE TABLE ° LENGTH CA m LINE BEARING wwLo IN B$a ��K"LC L1 589'37'31°E 88.66' Lice 3 N I EEC i may L2 S89'37'31T 110.05' oo 0 2-- L3 N87-13'19"W 110.00' S POINT OF BEGINNING REWARD J. et tnlo I BETTY L. ROOS ¢ '00 CENTER QUARTER CORNER—� 6 ma 17379% m Z 1,926 sq.ft. SEC. 18, T.1N. � \.B91l L1 L2 I Nu C2 L3 Cl WEST QUARTER CORNER 77/ERE/5 A 50'EASEMENT TO VESSELS GAS PROCESS/NG AND AMOCO SEC. 18, TME., E ENT PRODUCTION COMPANY FOR THE 7RANSPORTA 770N OF OIL, ETC. /N THE POINT OF COMMENCEMENT S 4', OF SEC. 16 TIN, R.6711! LOCA770N CANNOT RE DETERMINED FROM DEED.(8743 REC. NO /6646397o w m a I I 50'PANHANDLE EASTERN P/PE L/N£ COMPANY N n L, _50' EASEMENT.(B8/3 REC. NO. 17346467 ° N o c W a En LL. I I PI c.4 N or.':4-' I I I U z .n• ° (oii° I .CON® t�' (sr LLP o ti IBIG2 NO. 3244691CO • o -.C x °i N v ac 0.— O U o c °-' °-o E O I I 60' RIGHT—OF—WAY W - - c o 0 o tom., I I PER ACCEPTED ROAD VIEWER'S REPORT N • ° m u N I DATED 4-17-1884 a o n • (1''> ° °'II, p RECORDED 4-18-1884 B48 P109 :I- :') H W o O y - 5-56n � '' W Q OO -i era e a 3 I I /... � .. Fes' G i[) u] In ° ` ` 200 100 0 200 U ! � • o II < . Ny N N H N c ma N _ 0 41 Gt 1°= 2OO' z m v is o E ' '' W 2 2 212. Ee e l I /.\ \ 0 a at3Elia g.= Z �' a a " ICY \ \ p HE(• ' ��� y� \----\-\ uo �F1A.tryp� , U L c � o d�4CON ' I IV l rveh ci ' •� r—arm vc:. S ESTATES LW o R• UC Ara 20651574 .v�' I I. 99 061 _� ; 7 I I I s �drn I " •t�l�' `�°-' alf of King Surveyors, Inc. :al,- / I Steven A � !„ rofessional =see;ca, I Colorado Regis - a�o j , Land Surveyor 1134995 =00 r / . mo cm co. LILO iNIMM m SOUTHWEST CORNER AEC nO ��OO SEC. 18, T.1N., R.67W.'Hl I NO. —4692 � � somore6 PROJECT KTNG SURVEYORS, INC. DATE: 02/13/200 295 650 Garden Drive i Windsor,Colorado 80550 CLIENT:FHU phone: (970) 686-5011 fax: (970) 686-5821 DWG:TCE 6 HICKS-JOHNSON-DACONO FA Iwww.kingsurveyors.com DRAWN: MCD CHECKED: SAL t . EXHIBIT "A" PROPERTY DESCRIPTION (1 of 2) A parcel of land, for temporary construction easement purposes,being a part of that parcel of land described in that Warranty Deed (WD) recorded December 16, 2004 as Reception No. 3244691 of the records of the Weld County Cleric and Recorder (WCCR), located in the Southwest Quarter (SW1/4) of Section Eighteen (18), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth l Mer idian .M.), County of Weld, State of Colorado, and being more particularlya des (6th c ibed asfolows: The East Seventy (70) feet of West One Hundred Thirty (130) feet of the South Seventy- five (75) feet of the North Seven Hundred Thirty-six (736) feet of that parcel of land described in said Reception No. 3244691.. Said parcel contains 5,250 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it 'sta. d correct to the best of my knowledge and belief. bo Hen, S r&ic, 0, . 34995 i a2m-1 / c -,.....1.74,A.,==4/// Steven ut.A �,,bthalf of King Surveyors, Inc. Colorado Re 'Ailed Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970)2004204295 9511 I11111111111111111III111111111111111111III111111III /III JN: 2 3505330 09/19/2007 03:12P Weld County, CO 15 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\200429Sproperty descriptions\TCE-6-SOUTH-PROP-DESC.d0c Last printed 2/19/2007 10:43 AM TEMPORARY CONSTRUCTION I (HICKS, JOHNSON & DACONO FARM EASEMENT e SWY4 SEC. 18, T.1N., R.67W. PJiy NORTHWEST CORNER (2 of 2) SEC. 18, T.1N., R.67W. `>- SRdITLW O?EEC LIC . RC .NO MR9 I I R(OFMRD 2 a BETTY L ROOD CENTER QUARTER CORNER PSIS 'WCTYG.4 .M7976 CENTER 18, T.1N., R.67W.� . ` lci WEST QUARTER CORNER 1µ THERE IS A 50'EASEMENT TO VESSELS GAS PROCESS/NG AND AMOCO SEC. 18, TME., R.67W. PRODUCTION COMPANY FOR 77/E IRANSPORTA770N OF OIL, ETC. /N THE POINT OF COf ENCEAAENT 5111 j OF SEC. 16 TIN., R 57W LOCA77ON CANNOT SE DETERMINED FROM DEED.(8743 REC. NO 1664639) o I 0 I I 50'PANHANDLE EASTERN P/PE LINE COMPANY O o,a) w I I — EASEMENT.(6813 REC. NO 1734646) .... III I o • L. 6, 0) ° 0 n) �+ 661, 1)1''���' ' AMC;�+ ]/]/]1� O N ate+nu I- I I I ��® F „vL N O u AEC NO.. M44(6_91 to 0 co N. 0 O C - o,N o' c I I 60' RIGHT-OF-WAY 6 t 0 o I PER ACCEPTED ROAD VIEWER'S REPORT c m 5 U m DATED 4-17-1884 ` 0 0 RECORDED 4-18-1884 848 P109 0'4, L ` I /-....- C T U N -,,, D-0 .. 4?:. m o c 0 60' /5,250 sq.ft. 200 o.-a II 70' 200 100 0 �i� K - G U U 75 V O N O _ u` z c ova \J c ,fGr 1"= 200' O - N C T T O m ✓ Ethl d _ 2 N o ao o / - Y - o .d7v40DFT® I , �' \�\ 1 6/4, QG"' i^ . mo d I �' I ° 34995 , -1 Ea Ara / I U =3 / 1 III s ` -7,. � raj-o. �Tw / I Steven A. km. -er''.behalf of King Surveyors, Inc. mmoa a. Colorado Registered Professional j 0 Land Surveyor #34995 �np r - p O°o LW _T wi�nINTRA hocet SOUTHWEST CORNER AIRS. NO IIII fr SEC. 18, T.1N., R.67W.-'F� y 2244692 - . KING SURVEYORS, INC. DATE: 02/13/2007 PROJECT NO:2OO4295 650 Garden Drive Windsor,Colorado 80550 CLIENT:FHU I phone: (970) 686-5011 ( fax: (970) 686-5821 DWG:TCE 6-HICKS-JOHNSON—DACONO FAR www.lungsurveyors.com DRAWN: MCD CHECKED: SAL 123 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that HICKS AND JOHNSON DACONO FARMS, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit "A", do hereby dedicated forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except the existing easements and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and minerals if any and shall also retain any and all water rights currently attached or associated with the Right of Way. D.L. JOHNSON, PARTNER OF HIC S AND JOHNSON DACONO FARMS, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP State of Colorado) ) ss: County of Boulder ) The foregoing instrument was acknowledged before me this (,pday of September, 2007 by: D.L. Johnson, Partner of Hicks and Johnson Dacono Farms, LLP, a Colorado Limited Liability Partnership Witness my hand and official seal. _ N t ry Pub ' >• • • i c c My commission expires: 3'S • {)�' sty et, a ;t‘et19� .OAP My Commission Expires 03/05/2008 1 111111 11111 11111 III 111111111111111111 III 11111 IIII IIII e a edi1.Q,Put 3506123 09/24/2007 02:08P Weld County, CO : .7 7- a 6, 9-/a-rjtj 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 toll) day of September, 2007. ELM fal ATTEST: tt : '),,, COUNTY OF WELD, A BODY CLERK TO THE BOARD 4,,,,, / '' , COPRORATE AND POLITIC OF COUNTY COMMISSIONS ,1 '' 1 ','"+ THE STATE OF COLORADO OF THE COUNTY OF WE .+ BCe By:Deputy Cler to the Board '``i ` y David E. Long, Chair BOARD OF COUNTY COMMISSIONERS OF T E OF THE COUNTY OF WELD STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I OTt' day of September, 2007 by David E. Long, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. 0 .VWI.p% Notary Public MELINDA GUALANDRI N`. My commission expires: 1 b t 1- (6qj� ®F..,, CQ My comma.: AIM 11111 111111 III 11111 1111111111111 III VIIIIIIIIIII 3506123 09/24/2007 02:08P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" PROPERTY DESCRIPTION (1 of 3) A parcel of land, for Weld County Road No. 13 (WCR13) Right-Of-Way, being a part of that parcel of land described in that Warranty Deed (WD) recorded December 16, 2004 as Reception No. 3244691 of the records of the Weld County Cleric and Recorder Townshi (WCCR), located in the Southwest Quarter (SW 1/4) of Section Eighteen (18), Township One North (T.IN.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6°i P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18 as bearing North 00°09'18" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2659.46 feet with all other bearings contained herein relative thereto: THENCE South 89°37'31" East along the North line of said SW1/4 a distance of 30.00 feet to the East Right-of-Way (ROW) of said WCR13 as established by that accepted Road Viewer's Report (RVR) recorded April 18, 1884 in Book 48 at Page 109 of the records of the WCCR, said point being the POINT OF BEGINNING; THENCE continuing South 89°37'31" East along said North line a distance of 58.66 feet to the beginning point of a curve, said curve being non-tangent to aforesaid line; THENCE along the arc of a curve which is concave to the West a distance of 68.84 feet, said curve having a radius of 1565.00 feet, a central angle of 02°31'13" and a long chord bearing South 03°28'54" West a distance of 68.83 feet to a Point of Tangency (PT); THENCE South 04°44'30" West a distance of 219.69 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 124.41 feet, , said curve having a radius of 1445.00 feet, a central angle of 04°55'59" and a long chord c bearing South 02°16'31" West a distance of 124.38 feet to a PT, said point lying on a line being Thirty (30) feet, as measured at a right angle, East of and parallel with said East cm,ee ROW; =d o=7.3 C � o 3E CO 0 •=140. r'• nC Tnao �� `q( 1P_ 001 -ed O FS�ed (�,\ict -OA 0 Of 0�OCC 09) MI=o M:\2004295\property descriptions\ROW-6-PROP-DESC.doc - CO Last printed 2/19/2007 9:18 AM , • (2 of 3) THENCE South 00°11'29" East along said line being 30 feet East of and parallel with said East ROW a distance of 834.24 feet to the Northerly line of that parcel of land described in that WD recorded December 16, 2004 as Reception No. 3244692 of the records of the WCCR; THENCE North 76°13'54" West along said Northerly line a distance of 30.91 feet to said East ROW; THENCE North 00°11'29" West along said East ROW a distance of 1239.19 feet to the POINT OF BEGINNING; Said parcel contains 42.582 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that iLis'trurand connect to the best of my knowledge and belief. !' `Or - .. pr ss l',97,;;; :.1-1A ` f 1 N, a , --1 34995 \. c`9 oo-4 S l> cS,..lam � � Steve hJ iin�lfr�gSa',hel�alf of King Surveyors, Inc. ColoradorKowsterea Professional Land Surveyor #34995 . ICING SURVEYORS, INC. 12 rom 8 650 Garden Drive �oac Windsor, Colorado 80550 e-°'°° (970) 686-5011 .ice d ✓ 0o e JN: 2004295 • •9 22d is a. N mmi en —(1 = �Og Ir.= O n0 N c = c EN O -c O cc m 0, INI 0 M:\2004295\property descriptions\ROW-6-PROP-DESC.doc Last printed 2/19/2007 9:18 AM • II (S, JOHNSON 8c DACONO FARM RIGHT—OF—WAY SWYa SEC/ . 18, T.1 N., R.67W. %-'I•� NORTHWEST CORNER (3 of 3) LINE TABLE SEC. 18, 7.1N., R.67W. LINE BEARING LENGTH IC/ • L1 689'37'31"E 30.00' z o L2 589'37'31"E 58.66' a N ggpjfl � CREEK IGB.G' L3 504'44'30"W 219.69' til"10 I RUC NO 91 L4 600'11'29"E 834.24' or I L5 N76'13'54"W 30.91' 11e. a (A 0 I L6 NOO'11'29"W 1239.19' gpg777Y L. R<C7Offi' Q o L1 POINT OF BEGINNING CENTER QUARTER CORNER �e816 REC pica !73797% m z SEC. 18, Ti. N., R.67W. 1 L2 WEST QUARTER CORNER t : U THERE/S A 50'EASEMENT TO !VESSELS CAS PROCESS/NO AND AMOCO SEC. 18, T.1 N., R.67W. y- PRODUC WON COMPANY FOR THE TRANSPORTAWON OF O/L, ETC /N THE POINT OF COMMENCEMENT II I� I SW% OF SEC 18, 71N, R.57W LOCA17ON CANNOT SE DETERMINED FROM `n DEED(8743 /?EC. NO 1664639) -E d, to 0 3 3 I s _ 1 J 50'PANHANDLE EASTERN PIPE LINE COMPANY ,n o. ° g EASEMENT 18813 REC. NO 1734646 W ro 'o B.N I P7 M N o=C ItI ' I I x 0 3 a ` MICK$ AND .IToEThTSON U o .In FL- 1 L .DE4C11�M® PARK L 1? Q a)4- p C.1 ro O O •o .. 0 1 1 x ro " ro a d= ._ ON C O =X U -.'CD d O a N 60' RIGHT-OF-WAY W o 0= 0,-=�, _PER ACCEPTED ROAD VIEWER'S REPORT )..a d n o, mum m DATED 4-17-1884rig H r u. W 5 O N in rn;, RECORDED 4-18-1884 B48 P109 W N .n - m- N O r .� W Q O o k?: m =t a 3 m I I /._. �.. vi vi in o _ = 200 U a ;D 4 0 0 I (' 200 100 0 1� 1 xm- oaa) o I l �, x N °ova , 1 „= 200' a ~ E r �� Ed v (y W in Ciir =o no o C:), I I 9 a o f a 6 \ \ 'rte._ ,,,.y W \� /4349rn p-r1 , .ESRUC N 7d y1 1/ I Surveyors, Inc. / I I Steven A. gH'dif of King Colorado RegiftredzKefessional ( I \! Land Surveyor #34.995 L5 SOUTHWEST CORNER "s1TJID�[711fA ' LW SEC. 18, T.iN.. R.67W.—'4,1 iI l/EC NO. 3244b92 PROJECT N0:2004295 TITT�1(t CTTT2\TR.V(�RS_ INC. DATE: 02/13/2007 111111111111111111111111111111111111 MINIM IIII II 0550 CLIENT:FHU 055 DWG:ROW—6 FIICKSJOHNSONDACON 3506123 09/24/2007 02:08P Weld County, CO DRAWN: MCD CHECKED: SAL 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello