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Home My WebLink About20260259 Resolution Approve Memorandum of Agreement to Purchase Property Interest for Acquisition of Temporary Construction Easement for Galeton Drainage Improvements Project on County Road 74, Between Grandview Avenue and County Road 51, and Authorize Chair to Sign All Necessary Documents — Mojack Enterprises, LLC 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 Memorandum of Agreement to Purchase Property Interest for Acquisition of a Temporary Construction Easement for the Galeton - Drainage Improvements Project on County Road 74, between Grandview Avenue and County Road 51, 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 Mojack Enterprises, LLC, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement and accept said easement, 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 Memorandum of Agreement to Purchase Property Interest for Acquisition of a Temporary Construction Easement for the Galeton Drainage Improvements Project on County Road 74, between Grandview Avenue and County Road 51, 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 Mojack Enterprises, LLC, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 5088663 Pages: 1 of 2 03/16/2026 101:34 erk alnd Re oeder,,OWeld County CO .00 Car 1Y Koppes, El IV 5084020 Pages: 1 of 2 c�'P�,.�(cH/KH1`/Kt'A/sQ) 2026-0259 02/20/2026 11:11 AM R Fee:$0.00 3�io/26 EGOO84 Carly Koppes, Clerk and Recorder, Weld County , CO O 1111 FM ki'1f 11hivi h'l IM101:11iii 11111 0 3 f t b/ 2(3, Memorandum of Agreement to Purchase Property Interest for Acquisition of Temporary Construction Easement for Galeton Drainage Improvements Project on County Road 74, Between Grandview Avenue and County Road 51 — Mojack Enterprises, LLC Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 9th day of February, A.D., 2026: Scott K. James, Chair: Aye .� Jason S. Maxey, Pro-Tem: Aye f„[Lii)s'� - Perry L. Buck: Aye 1 Lynette Peppler: Aye ='1 Kevin D. Ross: Aye ifFr Approved as to Form: '%Cb Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5088663 Pages: 2 of 2 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■III KM!WICK ti M IMK551:IVAtNI .144. ■1111 5084020 Pages: 2 of 2 2026-0259 02/20/2026 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EG0084 ■III I��GI ��I lily'halItithENIKAllii'OW E 11111 Ur ii-va&11) k- l 0334 q qi4- �-11--- .,,_,_�4 MEMORANDUM ,r2 1 , `� at TO: Esther Gesick,Clerk to the Board DATE: 1/29/26 cvL A. FROM: Val Mino and Trace Anderson Public Works Department 7...=q -Ci` 'U N T SUBJECT:ROW less than$5,000 i' {,611. Please place the following Right-of-Way(ROW)item on the next available BOCC Agenda,without a BOCC pass-around memo. This ROW acquisition is associated with the Galeton Drainage Improvement Project and the proposed amount of payment to the landowner(Mojack Enterprises,LLC)is$1890.00. pc: M:\'Administration\Forms\MEMO-Form.doc 2026-0259 Project Code:N/A Parcel No:071131000066, MEMORANDUM OF 071131000067,071131000068 AGREEMENT TO PURCHASE Project No:GR-75 PROPERTY INTEREST Location:WCR 74—Grandview Ave to WCR 51 County:Weld State Highway No:N/A This Memorandum of Agreement("Agreement")made on l?OVU C1.11L CIi MAI between Weld County (GRANTEE)for the purchase of the parcel(s)listed above from the J Owner(s) Mojack Enterprises,LLC,a Colorado Limited Liability Company (GRANTOR). Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado state laws and regulations.The amount of money and/or compensation listed below is full consideration for the following land,easements,improvements,and damages of any kind. Land Sq.ft❑/acres❑ $ Permanent and Slope Easements Sq.ft❑/acres❑ $ Temporary Easements(TE) 1,574 Sq.ft®/acres❑ $1,890.00 Improvements: $ Damages: $ Gross Total(ifReceived by February 16,2026) $2,457.00 Gross Total(if NOT received by February 16,2026) $1,890.00 Other conditions: See attached addendum. 1.The agreement includes an incentive payment.The incentive payment is only applicable if Weld County receives the final executed agreement on or before February 16,2026,which is within 32 days of Weld County's offer of fair market value. The GRANTOR: 1)Represents that he or she is the legal owner of the property and has the right to convey the property in the manner detailed in this Agreement; 2)Acknowledges that just compensation was determined by an appropriate valuation procedure prepared in accordance with applicable laws and regulations,and hereby knowingly waives any right to contest such valuation; 3)Agrees the amount of money and/or compensation listed above is full consideration for the following land, easements,improvements,and damages of any kind whatsoever; . 4)Will,at the closing,pay all taxes(including prorated taxes for the current year)and special assessments for the current year; 5)Has entered into this agreement because the GRANTEE has the power of eminent domain and requires the property for public purposes; 6)Shall be responsible for securing releases from all liens,judgments and financial encumbrances to deliver clear, unencumbered title to GRANTEE.Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction hereby contemplated or from any lawful other source; 7)Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below; 8)Excepts from the subject property described herein in the attached Exhibits,the mineral estate and including all coal,oil,gas and other hydrocarbons,and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without payment of further compensation to the GRANTOR,any and all sand,gravel,earth,rock,and other road building materials found in or upon said subject property and belonging to the GRANTOR;and 9)The GRANTOR further covenants and agrees that no exploration for,or development of any of the products,as described above,and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits,and that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder,shall inure to and be binding upon the GRANTOR and its heirs,personal and legal representatives,successors and assigns forever. 10)Acknowledges and agrees that by signing this Agreement,it may be waiving rights,including,but not limited to,the right to contest GRANTEE's taking of possession or title to the property by eminent domain. 11)GRANTOR warrants and represents to GRANTEE that the Property has never been used as a landfill or waste dump;there has been no installation in or production,use,release,disposal,or storage on the Property of any hazardous substances or other toxic substance,and there is no pending or threatened proceeding,inquiry,action, 5088664 Pages: 1 of' 5 03/16/2026 10:34 AM R Fee:$0.00 5084021 Pages: 1 of 5 02/20/2026 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder,ll Weld , County uCOI Carly Koppes, Clerk and Recorder, Weld County CO ,III��'.11111+I'I iSI I'EilliNI�I17_��Iffirtliiv lI IJ III h�IJ.G�ti4h'HAW Lail II III - - zo2.c0—( 259 litigation or order by any court,governmental authority or agency with respect to the Property under any 'Environmental Laws or otherwise. 12)GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR after the date of transfer,that such after acquired title is conveyed to the GRANTEE. NOTE:At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature,title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE,Paragraphs 8 and 9, as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: 1)Will be entitled to specific performance of this agreement upon tender of the agreed consideration; 2)Will be held harmless from any claims against the property or to any interest in the property,except for any benefits due under relocation law; 3)Will make payment after receiving acceptable conveyance instruments from the GRANTOR; 4)Will take possession and use of the parcel(s)when it deposits the consideration,as set forth above,into an escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR.Transfer of title to the parcel(s)shall occur upon performance of any and all terms under this agreement,and release of the payment from escrow to the GRANTOR,unless other arrangements are made that follow Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended;and 5)Will prepare the following documents: ❑ General Warranty Deed 0 Utility Easement O Access Deed 0 Permanent Easement ❑ Full Release(s) Book/Page: ❑ Slope Easement 0 Partial Release(s) Book/Page: ® Temporary Easement Order Warrant$2,457.00 Payable to:Mojack Enterprises,LLC,a Colorado Limited Liability Company Order Warrant$ Payable to: GRANTOR:Mojack Enterprises,LLC,a Colorado Limited Liability Company Jj By: ox ��2rwl-t Date: / ' ,?G ^ab E L, A1TEST: I ) COUNTY RK TO HE BOARD OF COUNTY COMMISSIONERS WELD , ��1t�.► BOARD �� COUNTYOLORADO 1 .1061 I> p'rC� BY: 1PkarBY: ' FE3 0 9 ^ C �+�Deputy Clerk to the Boar Scott K.James,Chair 2cL !�V°1� APPROVED AS TO FORM: �" County Attorney: PeSt �' 9/4tfred&P 5088664 Pages: 2 of 5 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 RIitkin RI IN Veil hill I MN. � eith'r Vella ®III 5084021 Pages: 2 of 5 02/20/2026 11:11 AM R Fee:$0.00 • Carly Koppes, Clerk and Recorder, Weld County , CO 11111FARKEIgiii14141101Viligillif1 W4. iI II WELD/CDOT Form#784 with incentive—Jan.2026 202(p-0259 ADDENDUM: 1)This Agreement and the conveyance of the Property 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. 2)This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 3)No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act§24- 10-101 et seq.,as applicable now or hereafter amended. 4)This Agreement including the Exhibits attached hereto and incorporated herein,contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation,promise,or consideration different from the terms herein contained shall be binding on either party,or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 5)Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation, execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 6)If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 7)In the event of litigation between the parties in connection with this Agreement,the parties agree that each party shall be responsible for the payment of their respective attorney fees and/or legal costs incurred by or on its own behalf. 8)Any right or obligation in this Agreement that,by its terms,exists or is intended to be performed after termination or Closing will survive Closing of this Agreement and will not be merged into the deed of the Property delivered by GRANTOR or GRANTEE at Closing. 5088664 Pages: 3 of 5 03/16/2025 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 IiiirdriVelkEitiLiirlitinlICANII III 5084021 Pages: 3 of 5 02/20/2026 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111FACYI N 1•C4iN NOI Wiib la,1ti14h1 141ti I1111 Page 3 of 3 WELD/CDOT Form#784—04/2024 EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE—QUARTER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THOSE DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4490272, DATED MAY 20, 2019 AND RECEPTION NO. 4907323, DATED JULY 05, 2023, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE—QUARTER AS BEARING SOUTH 88'35'54" WEST, A DISTANCE OF 2598.38 FEET, TO THE SOUTH ONE—QUARTER CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE—QUARTER, SOUTH 88'35'54" WEST, A DISTANCE OF 384.00 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 01'24'06" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 74, DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 198988, DATED MARCH 16, 1914, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, SOUTH 88'35'54" WEST, A DISTANCE OF 124.20 FEET, TO A POINT ON THE WESTERLY PROPERTY LINE; THENCE DEPARTING SAID NORTHERLY RIGHT—OF—WAY LINE AND ALONG SAID WESTERLY PROPERTY LINE, NORTH 00'38'56" WEST, A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID WESTERLY PROPERTY LINE, NORTH 88'35'54" EAST, A DISTANCE OF 54.07 FEET; THENCE NORTH O1'24'06" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89'00'28" EAST, A DISTANCE OF 70.00 FEET, TO A POINT ON THE EASTERLY PROPERTY LINE; • THENCE ALONG SAID EASTERLY PROPERTY LINE, SOUTH 01'24'06" EAST, A DISTANCE OF 14.50 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,574 sf. OR 0.036 oc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ,;.t+;« k ;pry ¢DANIEL R. HOLMES d, , to PLS 38213 :� • "KIL LAW TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT EASEMENT ACQUISITIONAlj i861 OF PUBLIC WORKS GALETON DRAINAGE PROJECT MOJACK ENTERPRISES, LLC \ V � _ PROJECT NO: GR-75 SCALE: WELD COUNTY,COLORADO CO U N T Y DATE:9-30-25 DRAWN BY:DRH SHEET: I of 2 5084023 Pages: 4 of 5 5088664 Pages: 4 of 5 02/20/2026 11:11 AM R Fee:$0.00 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I III 11111n111111ti 1IRlf N 111I1ACKONC.14 1111 • EXHIBIT—A $ NIN6t� 1 V ,,. .,,,, 0.. ,, .. l7•• Q•j ld ld .id id ld id Td_, , -, ',,.., — i1,Y 3 yam . -. , `ETC,_ • �.\ . -zA� . MOJACK ,,s' !6-v7` Q. DALE G. HILL& `PLO " S� ._ ENTERPRSES LAC -.;, /AL LA0), •'' II LORI M. HILL h� '�a�. PARC.#0711310000fi6,071131000d68, 071131000067 1 RECP.#4490272,5-20-2019 RECP.#4907323,7-05-2023 71 a I LOT-A, RE-3565 I TEMPORARY CONSTRUCTION REC#3136792 EASEMENT ACQUIRED 12-18-2003 - a 1,574 sf. OR 0.036 ac.± SOUTH ONE—QUARTER CORNER I S31—T7N—R64W FOUND 3 1/4" L6 L7 t ALUMINUM CAP LS-22098, 1991 L.. 1 L8 N A MONUMENT BOX " L4 - • i �L2 P.O.B. f I S88'35'54"W — — — i ' 1.1_,______\if7,, 2598-38' P.O.C. I BASIS OF BEARING SOUTHEAST CORNER S31—T7N—R64W 30'RIGHT-OF-WAY FOUND 3 1/4" ALUMINUM CAP LS W C R 74 REC#198988,3-16-1914 22098, 1991 IN A MONUMENT BOX 40'RIGHT-OF-WAY REC#152437,3-04-1910 - - - W Q > zb•`` 66 w: ^ � '- LINE TABLE i';, W —I I �;, LINE BEARING DISTANCE — L1 S88'35'54"W 384.00' ^ , L2 N01'24'06"W 30.00' 1..1.', 1 L3 S88'35'54"W 124.20' I L4 N00'38'56"W 10.00' L5 N88'35'54"E 54.07' i NOTE THIS EXHIBIT MAP DOES NOT REPRESENT A L6 N01'24'06"W 5.00' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I IT IS INTENDED TO ILLUSTRATE THE ATTACHED L7 N89'00'28"E 70.00' PROPERTY DESCRIPTION ONLY. L8 SO1'24'06"E 14.50' TEMPORARY CONSTRUCTION " 1,, WELD COUNTY DEPARTMENT EASEMENT ACQUISITION 1861 • OF PUBLIC WORKS II t r: = 11 GALETON DRAINAGE PROJECT MOJACK ENTERPRISES LLC ,,/ 1 r \ WELD COUNTY,COLORADO p_U N T PROJECT NO: GR 75 SCALE: 1"=50 111/ 1 DATE:9-30-25 DRAWN BY:DRH SHEET:2 of 2 5084023 Pages: 5 of 5 1 5088664 Pages: 5 of 5 02/20/2026 11:11 AM R Fee:$0.00 ' 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ' Carly Koppes, Clerk and Recorder, Weld County , CO 1111 rialliiiiiMil likillialli Will IillMh i gliik Liii 11111 1 1111 NPR:VIM,l1111'40111411NM M',IAILY41I 11 111 Col tract or Entity Information Entity Name* Entity ID* New Entity?Please use the job MOJACK INTERESTS SUP-42420 aid linked here to add a ❑supplier in Workday. • • Contract Name* Contract ID Parent Contract ID MOJACK ENTERPRISES_GALETON DRAINAGE_RIGHT- 10334 Requires Board Approval OF-WAY ACQUISITION Contract Lead* YES Contract Status VMINO CTB REVIEW Department Project# Contract Lead Email vmino@weld.gov Contract Description* ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE GALETON DRAINAGE IMPROVEMENT PROJECT LOCATED ALONG WCR 74 FROM GRANDVIEW AVE TO WCR 51. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 01/31 /2026 02/04/2026 Amount* Department Email $1,890.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included?* Automatic Renewal DeptHead@weld.gov NO Grant j County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 12/31 /2026 Termination Notice Period Expiration Date* Committed Delivery Date 12/31/2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 . Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHRIS D'OVIDIO BYRON HOWELL ' DH Approved Date Finance Approved Date Legal Counsel Approved Date 01 /29/2026 02/04/2026 02/04/2026 _ Final Approval BOCC Approved Doc ID# AG 020926 BOCC Signed Date Originator BOCC Agenda Date VMINO 02/09/2026 MEMORANDUM 0. ----..),):- w n �- TO: Esther Gesick, Clerk to the Board DATE: 3/12/26 �U. / r FROM: Val Mino & Trace Anderson - Public Works Department i , = COUNT SUBJECT: BOCC Consent Agenda Item—Mojack Enterprises, LLC i,:f '-- Temporary Easement Agreement Related to Contact ID 10334 The BOCC approved the Memorandum of Agreement for the purchase of temporary construction easement from Mojack Enterprises, LLC as part of the Galeton Drainage Project on February 9, 2026. This acquisition was completed at an informal closing. According to the resolution for the MOA, the Board is authorized to accept the related property conveyance, and the chair is authorized to sign all necessary documents. We request this item be added to the consent agenda. C,ohsen+ P961' CC: PG0(CA,kH VM,TllSB) 20Z11)-02S�j 3/R&Z(o 34 o/Z(o EEC—, 0 034 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), executed this a O day of JAAl, , 2026 is made between Mojack Enterprises, LLC, a Colorado Limited Liability Company (referred to herein as "Owner", whether one or more),whose legal address is 38375 County Road 55, Eaton, CO 80615 and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners(referred to herein as "County"),whose legal address is 1150"O"Street, Greeley, Colorado 80631: WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement,covering that real property lying and being in the County of Weld, State of Colorado,to wit: The real property described and depicted on the attached Exhibit A. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete,whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents,employees,designees, contractors,guests,invitees,successors and assigns,and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County,its agents,employees, contractors,guests,invitees,and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the road Right-of-Way shall remain open throughout the term of the TCE. GRANTOR: MOJACK ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY By: 721D As: ii/l� % • STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 217IL day of T.v.107.-- ,2026, by /" , f as /114,,,.."47 /( .G� of Mojack Enterprises, LLC, a Colorado Limited Liability Company. HAUFF Witness myhand and official seal. MITCHELL Notary Public % � State of Colorado Notary ID#20144016002 Notary Publi My Commission Expires 04-16-2026 EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE—QUARTER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THOSE DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4490272, DATED MAY 20, 2019 AND RECEPTION NO. 4907323, DATED JULY 05, 2023, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE—QUARTER AS BEARING SOUTH 88'35'54" WEST, A DISTANCE OF 2598.38 FEET, TO THE SOUTH ONE—QUARTER CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE—QUARTER, SOUTH 88'35'54" WEST, A DISTANCE OF 384.00 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 01'24'06" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 74, DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 198988, DATED MARCH 16, 1914, AND BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, SOUTH 88'35'54" WEST, A DISTANCE OF 124.20 FEET, TO A POINT ON THE WESTERLY PROPERTY LINE; THENCE DEPARTING SAID NORTHERLY RIGHT—OF—WAY LINE AND ALONG SAID WESTERLY PROPERTY LINE, NORTH 00'38'56" WEST, A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID WESTERLY PROPERTY LINE, NORTH 88'35'54" EAST, A DISTANCE OF 54.07 FEET; THENCE NORTH 01'24'06" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89'00'28" EAST, A DISTANCE OF 70.00 FEET, TO A POINT ON THE EASTERLY PROPERTY LINE; THENCE ALONG SAID EASTERLY PROPERTY LINE, SOUTH 01'24'06" EAST, A DISTANCE OF 14.50 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,574 sf. OR 0.036 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. es:{0- DO L/ DANIEL R. HOLMES to PLS 38213 V 3.CJ rO ' ;lb-07--4 NAL LP .• TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT EASEMENT ACQUISITION 1861 OF PUBLIC WORKS r 1. GALETON DRAINAGE PROJECT MOJACK ENTERPRISES, LLC �,�,\.�/�� WELD COUNTY,COLORADO L. OB N T Y PROJECT NO: GR 75 SCALE: G _. DATE:9-30-25 DRAWN BY:DRH SHEET: I of 2 EXHIBIT-A �p !. ,,„ $ti1.1�t, frill•,� 5; -= -' la id w id is ".i&rie •r3 - �t_cct: /�_�7 ? MOJACK e DALE G. HILL& in,.•!LANDS'', ENTERPRISES,LZ_,C LORI M. HILL r.e...h_:;or" PARC.#071131000066,071131000068, 0711310p0067 RECP.#449027 ,5-20-2019 RECP.#490732 ,7-05-2023 r4 P e LOT-A, RE-3565 TEMPORARY CONSTRUCTION REC#3136792 EASEMENT ACQUIRED 12-18-2003 P a a 1,574 sf. OR 0.036 ac.± SOUTH ONE—QUARTER CORNER L7 S31—T7N—R64W FOUND 3 1/4" L6 ALUMINUM CAP LS-22098, 1991 iimum__,,,LS� � L8 N A MONUMENT BOX '3 L4 im�� _ —� L3 L2 P.O.B. I S88'35'S4"W _ _ _ ;_ —.— L1 v 2598.38' P.O.C. BASIS OF BEARING SOUTHEAST CORNER S31—T7N—R64W 30'RIGHT-OF-WAY W C R 7 4 FOUND 3 1/4" ALUMINUM CAP LS REC#198988,3-16-1914 22098, 1991 IN A MONUMENT BOX 40'RIGHT-OF-WAY REC#152437,3-04-1910 1--- d i q i H ■ ' e. ! ! Z W< > i___________ `IA 6A� —— 6 V1 S�� __ i LINE TABLE S, W I44„,' LINE BEARING DISTANCE L1 S88'35'54"W 384.00' H --- -----"- L2 NO1'24'06"W 30.00' I L3 S88'35'54"W 124.20' L4 N00'38'56"W 10.00' L5 N88'35'54"E 54.07' • NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A L6 N01'24'O6"W 5.00' a MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I IT IS INTENDED TO ILLUSTRATE THE ATTACHED L7 N89'00'28"E 70.00' PROPERTY DESCRIPTION ONLY. L8 SO1'24'06"E 14.50' TEMPORARY CONSTRUCTION , WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS EASEMENT ACQUISITION VIA [ i fl. GALETON DRAINAGE PROJECT MOJACK ENTERPRISES, LLC0 J PROJECT NO: GR-75 SCALE: I"=50 WELD COUNTY,COLORADO vg�C p U N T.-- DATE: 9-30-25 DRAWN BY:DRH SHEET:2 of 2 Hello