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Home My WebLink About20240434.tiffRESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 41 AND STATE HIGHWAY 52 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - HUGO VILLELA-PORTILLO 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 a Memorandum of Agreement for Purchase of Certain Property for Public Road Improvements for the County Road 41 and State Highway 52 Intersection Project 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 Hugo Villela-Portillo, 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, 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 for Purchase of Certain Property for Public Road Improvements for the County Road 41 and State Highway 52 Intersection Project 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 Hugo Villela-Portillo, 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. cc:PJ(cH/DD/DW/S8/E6) o3 /,26/2.H 2024-0434 EG0082 MEMORANDUM OF AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 41 AND STATE HIGHWAY 52 INTERSECTION PROJECT - HUGO VILLELA-PORTILLO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ! : ATTEST: LA��J Weld County Clerk to the Board B100Cit Deputy Clerk to the Board APP' • VT D A ountyAtto ey Date of signature: IZ' IZ� 0 KeRoss, Chair Perry L. Bu EXCUSED Pro-Tem Mike Freeman Scott K. James CLM Ine 2534.A. 2024-0434 EG0082 C u nit* c+�t4i 'Z≤ - BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Memorandum of Agreement (MOA) to Purchase Right -of -Way (Hugo Villela-Portillo) (WCR 41 / SH 52 Intersection Improvements) DEPARTMENT: Public Works DATE: 02/06/24 PERSON REQUESTING: Erich Green / Don Dunker Brief description of the problem/issue: Weld County is designing and contracting construction of roadway intersection improvements at WCR 41 and SH 52. These improvements include widening of WCR 41 to accommodate North -bound and South -bound left turn lanes, and improved turning radii at all corners. The project involves CDOT funding and oversight, and CDOT plans to construct a traffic signal at the intersection once our project is completed (utilizing the same roadway configuration). Northeast of the intersection, a total of 1.04 acres of Right -of -Way (ROW) and 0.415 acre of Temporary Construction Easement (TCE) must be acquired to construct the intersection improvements. Hugo Villela- Portillo owns all affected areas and was provided a fair market value offer of $36,200.00. Following negotiation between Public Works staff, Weld County's ROW agent, and Mr. Villela Portillo's attorney, Mr. Villela-Portillo has signed the attached Memorandum of Understanding (MOA). The MOA indicates a settlement of $11,314.00 for ROW, $623.00 for TCE, $28,020.00 for affected improvements (gated irrigation pipe, grass hay, irrigation ditch, culvert, and fencing), and $5,500.00 for damages for a total settlement of $45,457.00. What options exist for the Board? 1. Allow the MOA to be placed on the next available BOCC Agenda. 2. Ask for a work session and additional information. Consequences: If the MOA is not placed on the BOCC Agenda and approved for signature, the property may need to be obtained through other means, which could significantly lengthen the project timeline. Impacts: This property acquisition directly impacts the project timeline. It allows relocation of the existing Xcel gas facility in Spring of 2024 and other utility relocations that must be completed in 2024 to keep roadway improvements on schedule for the 2025 construction season. Costs: Costs will not exceed $45,457.00 and are accounted for in the Public Works 2024 fiscal year budget. These are one-time costs so subsequent fiscal year budgets will not be affected. Recommendation: Public Works staff recommends placing the MOA on the next available BOCC Agenda for consideration. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine k44 - n (yaix) 2024-0434 ZA4 Ec-►oc z MEMORANDUM TO: Esther Gesick, CTB DATE: February 8, 2024 FROM: Erich Green, P.E., Public Works SUBJECT: Memorandum of Agreement (MOA) to Purchase Right -of -Way (Hugo Villela-Portillo) (WCR 41 / SH 52 Intersection Improvements) Once approved by all necessary parties in OnBase, please place the attached MOA on the agenda of the soonest possible BOCC hearing. This MOA is for the necessary Right -of -Way and Temporary Construction Easement acquisitions in the Northeast quadrant of the WCR 41 / SH 52 Intersection Improvements project. The contract ID number is 7824. The Board approved the MOA to be placed on the agenda via a pass around that was returned on February 7, 2024. If required, I can provide the wet -signed copy to your office for Weld County signatures prior to the BOCC hearing. I will plan on attending the hearing to present this item and to answer any questions. Page 1ofl Weld County MEMORANDUM OF AGREEMENT Project Code: 25008 Parcel No: RW-02, RW-02A, RWE- 02, TE-02 Project No: AQC C030-086 Location: WCR41 & CO52 Turn Lanes County: Weld I State Highway No: 52 This Memorandum of Agreement ("Agreement") made on FebVuavL 14, , Zo2-I is for the use and benefit of public safety and road improvements between Weld County above from the (GRANTEE) for the purchase of the parcel(s) listed Owner(s) Hugo Villela-Portillo (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. $7,516.00 $11,314.0 , Land (RW-02, RW-02A, RWE-02) 1.04 Sq.ft❑/acres® Permanent and Slope Easements (described in attached exhibits) Sq.ft❑/acres❑ $ t4,"r,::' Temporary Easements (TE-02) 0.415 Sq.ft❑/acres® $623.00 Improvements: 1,668 LF Gated Irrigation Pipe, Grass Hay, Irrigation Ditch, 30 LF Culvert, and 3,209 LF Electric Fencing. $28,020.00 Damages $9:00-5,500.00 $363200700 $45,457.00 Gross Total Less Credit $ ")4 • rn Net Total x;200.00 $45,457.00 - Other conditions: 7;:0(2.— age See attached Addendum. The GRANTOR: 1) 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; 2) 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; 3) Will, at the closing, pay all taxes (including prorated taxes for the current year) and special assessments for the current year; 4) Enters this Agreement knowing that the Board of County Commissioner has the power to authorize eminent domain and requires property for public purposes. 5) 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; 6) Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below; 7) 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 4949088 Pages: 1 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County , CO ��IliciLliliii114411 MA'AM OM MU Nil III 8) 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. 9) 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. 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 7 and 8, 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 7 and 8 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: Warranty Deeds, Temporary Construction Easement ® General Warranty Deed El Access Deed El Full Release(s) Book/Page: ❑ Partial Release(s) Book/Page: Or (specify) Title Company to prepare documents except: 4949088 Pages: 2 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO ❑ Utility Easement El Permanent Easement El Slope Easement ® Temporary Easement Page 2 of 4 ,III RY'ii� iRYl7�f �� IgIIti� Y11i1�� 1�� 11I�i �iIYI 11111 WELD/CDOT Form #784 — 11/2023 MISCELLANEOUS: 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 mid 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 w. 'n the original intent of the parties. Order Warren $45,457.00 Payable to: Hugo Villela-Portillo Order Warrant $ Payable to: GRANTOR By: "wow age 4111740/ Hugo Villela-Portillo ATTEST: WELD COUNTY CLERK TARD OF COUNTY COMMISSIONERS WELD BOATY, COLORADO B Clerk VED AS TO F ACS County Attorney: Page 3 of 4 �, D. Ross, Chair FEB 2 1 2024 ixt 4949088 Pages: 3 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO w J lliMPANCI AID Bill WELD/CDOT Form #784 — 11/2023 ADDENDUM: 1) Owner acknowledges that Weld County is a governmental entity that has limited liability in certain situations. No term or condition of this Agreement 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., C.R.S., as applicable now or hereafter amended. 2) 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 attorney fees and or legal costs occurred by or on its own behalf 4949088 Pages: 4 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IiirdAnfirifigli,FAVilviniitraiilkIVIAMIrrii• iii Page 4 of 4 WELD/CDOT Form #784 - 11/2023 4a w gm oh) al -la 133 W miCe� ■e� h -N Q3� • o XP QA.4 . Na—. N air Es estj l q ;Ca- GS Q Colorado Department of Transportation Sheet Revisions Sheet Revisions Sheet Revisions . lot ill... • •�•., Right of Way Plans 4 Date Description Initials Date Description Initials Date D scription Initials .• : ar— •• Tabulation Properties 10601 W. 10th ST. mm/Adfyc xxxxxxXY xxx rnmfddly� xxxxxxxx xxx mnrldd(yy, xxxxxxxx xxx {� '' •• . of Greeley, CO 80631 y, � Protect Number: AQC C030-086 Q PO l ' Phone: 970-350-2157 r ;moo :_ Project Location: WCR41 @ C052 Turn Lanes' - Region 4 f S a Project cone last Mod. Date su6set SI,rM No. y 2538 02-21-23 2.01 to 2.01 ?' Ot e ' !'— PUBLIC WORKS DEPARTMENT O;. �• : 1 ' ^ - 4i. ^ . _ 11 l 1 H STREET P.O. BOX 738(24/.41_10) , GREELEY. co 110632-07511 PHONE: 19711) 356.4Dao ; tPn .•'' ONA1 ' • ....... ••••r L AN�S`�' 9 8 . • WCR R.O.W. TABULATION OF PROPERTIES IN WELD COUNTY 41 & STATE HIGHWAY NO. 52 Whole Property NP Remainder • lit Remainder Title Penal No. ownership state S.C. Ares Of Parcel (WTI Sr' ft/Acre per Assessor Wasting MOW Met Ares Left (RL) of I Right (RR) of (RLrMR, Project i Project Commitment Crpany and cauParcelCataent Ho of Parcel Alignment Alignment WILD Purchase Mailing Address county Parcel Id lea, M4 Area In Square Feet (do not add alpha letters below) Morptic& No. Title company All Pascale are for. ta[LD COMITY City State Zip Site Address Subdivision 1k:- ' k-:"- (r , .. id; t rt.,. :t•te'f !�-.•.: Date Stewart Vales. Otherwise $pe-t(fled Below RW-01 Michael 8 Dais Drtrrting 147385100026 $ 1,257 8.531.268 1486747 F 3B4AuQ7i HGAVAT W013eC a ASSOCIATED 19819 CR 14 (vane ' North 65 W 0 029 '49 937 0 000 0 000 0 000 0.000 AITURIENANCIS Fort Lupton. CO 80621-8509 Lot B RE -3200 FOR COOT RW-01A same as abaci 1.988 c,We(r HOHWAY Y IMMO a ASSOCIATED 0.031 AFRIRTBANCES FOR COOT RWE-01 same as above 448 • F6AI ENT HCOOMAY YkENNG a ASSOCIATED Qom A t IENAt4 CES TE-01 same as above 17, 775 ACTM1$A'5'900ATFTlMITMIa7A0YMAY 0.409 OONSTRUCt1ON RW-02 Hugo Waia-Portillo 147304200005 4 2.834 8.178.018 I l 1466868 R3i1.lAF@1THG/MtAY vrlCF?iNGhASSOCIATED 5952 CR 41 5932 CR 41 1 North. 65 W 0 065 187 741 ? CX)C 0.000 0 000 0 000 AFFURTENPlICES Fort Lupton, CO 80621-8520 Fort Lupton. CO 80821.8520 NW 1/4 FOR COOT I—RW-0:A same as abase 1.883 -_ cTaBAAtBlT HGtM(AY wart )itlG a AS90QAT® 0 038 A$>FIRTReANCS FOR COOT RWE-02 same as abase 40,803 FEFIMANENT H<HY YIPGaA (X3ATED 0.037 AFRiTTENANCP5 TE-02 same as above 18.084 ACTIVITIES ASSOGA TED WTN RoAEMWAY ' 0 415 ' CONSTRUCTION f RW-03 Saluda land Company 147305000013 5 1,013 8.902930 ', j 4467008 FERMAttiT NOWAY %MW* a ASSOCIATED P 0 Bar 508 5471 CR 41 1 Naha, 65 W 0 023 158 489 0 000 0 000 0 000 0 000 I APR8t1BN►x,IS M tal. CO 80801-0608 Fat Lupton. CO 80821 _ SE 114 FOR COOT RW03A same as atom 1.363 reamPart HC•►MNY AWING aAS;110[><AT13J 0.031 _APPURTENANCES FOR COOT TE-06 same as above 41.362 ' ACTMT ESAS5UMB)WrtH ROADWAY 0 950 OONSTRtx.'TION RW-04 Robed 8 Barbara Ruegge 147304000003 4 2.279 I 8.154,676 1 1487014 F>3Ti1Attelt F$GRAVAY NUDGING &ASSOCIATED 1843 E 22nd st 5262 CR 41 1 North, 65 W 0.052 187 2(k 0.000 0 000 0 000 0 000 ALftliTEMICES Cheyenne WY 82OO1-414O Fort Lupton. CO 80621 SW 1.4 FOR COOT RW-04A same as atom 1,380 FE3aAFUVB/t Hl;ilryAr MEMO a1►S&OOA:180 0.031 AtaRRTBIAtas FOR COOT RWE-04 same as abam r g� ' F>fRtuve3tT NOWAY wot3iNC aAssonAT® 0.887 AFl konEt WNcEs 1 TE•04 same as abates 144.364 Act1VMES AS90C]ATR) NTH ROADISAY 3.314 CoNSTauCTION ' w (11 rw� �-'o NOD =!.�CSI OD -C . " M le nN �N-u fb"CI A a sn Memo coICD - A 0 12. __• m N Iff -r Be aZ r-- O as -c O Colorado Department of Transportation Sheet Revisions Sheet Revisions Sheet Revisions Right of Way Plans Date Description Initials Date Description initials bate Desutptuxt Initials yQ• Plan Sheet 10601 W. 10th ST. mmlddlyy xxxxxxxx xxx mm/ddryy xxxxxxxx xxx mm/dd/yy xxxxtxxx xxx . A' Greeley, CO 80631 ,' ' S' Project Number: AQC C030-086 AC ilIC:!li T Project Location: WCR41 @ C052 Turn Lanes Phone: 970-350-2157 W. krZif f, :p Region 4 PTS elect codes fast Mod. Date] Subset Sheet No. 1 • 75008 02-21-23 1 7.01 to 7.06 1.04 1 . t r �~ I/ •!u+ WELD COUNTY PUBLIC WORKS UE.PARTMh 5 O11 H STREET I II 1 1 ^ I j1] r yd ( Q L I '. 3 -/C 1 3 J'�, ••., . �� ' P O BOX ?.VI • -. GREELEY. CO $On32417Si1 PHONE: (9711) so-MNiI a I I I I I� 1� I. I g z I 1 1 g ti N oc•o5.1-. y� 1 628.88' /0 NAL .,.•'JQ S LANG N 01'30'28" E Iv 30.00'1 I ( I I 175.32' Ii0 I o WESTERN SLOPE GAS COMPANY STRUCTURE INVENTORY J N 01'30'28' E 1 I I I 1 1 c I '7 •Y 1 REC=1512028, 1-15-1968 WARRANTY DEED 2-1 ON SITE SON AND FENCE TO BE 179.32 1� S 00'OS'I7 E III S 89"35'35" W RELOCATED I 179.30' 1 g2 ig437 _�65-00 -1 J 1 3( O° _ 65.00' 224 riel v 1 r-- LIMITS OF 1 II I^ - J 'NIVkill pp, y man ✓i ,' �� W_ I � KERB-McGEE GATHERING LLC DISTURBANCE KERR-McGEE GATHERING LLC I , � N '0 nt - a 1 I . ,041 RECs3946773, 7-11-2013 75' 75' PIPELINE EASEMENT 3q' REC94342619, 9-16-2015 (ROAD) 30' PIPELINE EASEMENT I I p N tD z a _ `a N qi : 11•W_n1 POB RW-01A RWA-01 x I $I. .-s 11 Z FROM E-114 COR. SEC. 5 2-t I Z PUBLICRECs3810997SERVICE CRWE-0-b TE-0 N 17.31'38" W, 100.1Q' I j N 89.54'ID'--� 1 p12 09-2011O�� EXCLUSIVE GAS METER EASEMENT 427 li 1 1' W-0 / 1' WE i 1' W-02 ' TE-0 MICHAEL R. DREILING I ^ -0 89-54'43' 43 219 • 5443U I a & DORIS DREILING �.�� ` t in HUGQ VILLELA-PORTILLO N B9•s4 °° $ \29.eT21g I PARC.# 1473051 000215 5.00' -+ N • I a -- LIMITS OF PARC.#147304200005 RECP.# I5727o7 (3/4 interest) Off/ ��h '�� N e a I S z' I REC-P.$ 4017757 I . RECP.1y 1572708 (1R1 interest) '� i� �° / 3 8 e N o t• W-0 � %. I RDISTURBANCE oADI RECP.4, 4017756 ° o / * P.O.B.RW-01 TE-01 bit ,� LOT -B RE 3260 b RWfO FROM E-1/4 COR SEC 5 ir` '- In,' 0 o 0 z ortwitc uwer Y► t '- 1 P.O.B. RWE-02, TE-02 o REC/2963074, 6-21-2002 �, J N 58`20'59" W 94 0T i T�0.00' N to30.00"s m •�N 0065'12' (J FROM W-1/4 COR. SEC. 4 v+ I N 71'52'45" E. 131 48' VP 'S 0 • 426 S 9'32'25' f� W 89'3275" Hs; 225 4.35 212 216 r _ _ J - t , EAST QUARTER CORNER S 89`32'25" W �® rr WARIER r Q 17 - ' R SEC. 4, TIN. 65W 1 TEB 14.08 ; "" "' -"'irtus S89'35'39" W 30 00' 9Ec. RS11 ETr cumin S 89 35 W COatu- — • — - — — -tQ pp — — — — — • — • _.. — . — - -1 — — — — — - — — — — — — WEST QUARTER CORNER - . - ...we,- . - . _ , • - • - - • - • - • - - - - SEC. 4, TN, R655r 01 DARTMEAIT OrtRANSPORTATION, 1 SEC. 1, TIN, R6Sw _ 'ae. 5, 7T , R`6 91- -- 11+00 DEPARTMENT OF TRANSPORTATION, P O STATE OF COLORADOFor-�'� WARRANTY DEED FROM 12400 N B RW-02 W trd 38'40'0?" RW-02A COR SEC 4 E. 50.13' 3.00 POINT OF COMMENCEMENT RnE-01,-0t`�• QW-02A, RISE -02. aw-ok rE-o1,, RIP -01, S 89'35`39" W S 89.35'39" w 72 78,22.22' 1E-02. P0-03, RM-04, Rr-04A, 144 15+oa v STATE OF COLORADO WARRANTY DEED RECP.i31 `391. MAY 11, 200716400 N89'35'39"E 1700 N89.3 2125"E RECP.+3476068, MAY 36, 2007 R11E-04. TL - I 10 2638.33'I WELD COUNTY ' N=273.607 E=230.8O9 PI 8U 99 28+39.99 �(%�% P O B TE-04 �� FROM W-1/4 COR. SEC. 4 WELD COUNTY 1 RIGHT OF WAY DEED I 5317.26 ! "' RIGHT OF WAY DEED N 89'32'25" E V►' RECP.r837772, FEB. 26, 19401 RECP.a8O5167, DEC. 17, 1938 45.00' r —N 89"35'39" E S 63"46'48" E, 111.52 -E = r •—•—•— --14.O9' •—.—.._. ,...."i .,. = —•— --- ._.ter_ N89"3725 30 00' —- '39" --•—•—•—.— • _ --••--- — — ----- — N 89"32'25" E — . ) 30.00' PP N 89' DTI x$' E / "R aT J ' - 10001 7 G .1�- ut- — -• '7a(� 1 iiB — 4`i is9PP '. _. et - — .... 1 1 1 40 --2.C.06. �i J6 t€--- i / %1• sp•\ e � 14 O O i Nr'i O O O N / _ 1 1 OOOOO�0��"''' ( e i ,9�. PUBLIC SERVICE COMPANY OF COLORADO it, \"3.t. �'�vn 0, o N v o Q 1 3 O • h v W-0 AREA J tia' OF I li 1 t e / °� PUBLIC SERVICE COMPANY OF COLORADO 11-12-1%5 RECs1475S2b, 11-12-1965 \ 1 o ClRECi1475527, o g ! / TEMPORARY I ( POWER LINE EASEMENT POWER LINE EASEMENT \ 9 VS' to z V $9•57'55'I I SHOOFLY LIMITS OF I JI ( 424 CENTER LINE DESCRIPTION, NO WIDTH CENTER LINE DESCRIPTION, NO WIDTH DISTURBANCE• I L 204 P O.B RW-03, RW-03A, TE-03 pp 30 00' i (SHOOFLY) • ILIMITS LIMITS OF FROM E-1/4 COR SEC 5 DISTURBANCE C) N 89'5755" ry 1 I OF • 1• W-0 (W-0� rye -DISTURBANCE S 17''27'08" W, 99.84' (ROAD} 30. Q \/ Y I 1 P O.B RW-O4. RW O4A. RVI� (74 I 4'21' W 112+00 4 L25' WE -0T TE-0 y� 10.00' " FROM W-1/4 COR SEC 4 1 p I; 5 30 89'157' oC W I li S 17.3x18" E. s9.84 �TE-63) ROBERT RUEGGE & I` 1 8 CT 1 1 -4 LI 1 1 BARBARA PARC.# 147304000003 RUEGGE N �W-0�, (W-OSE-0 1 �, I - P /�Y 1 I RECI'.3$ 3829862 ti,AKATA LAND COMPANY 951 1 ARC.# 147305000013 o[ 8 IX, C',1 I Z `Q I g 1 m 1 k• 41 RECP.Id 3783157 \ There b no floodpletn in the area of eDnitnrRton. 2 a0 ��o l-- }r -I 4 IJ zl 1 LIMITS OF 9- L�Dt5TLR8ANCE I (ROAD; V r. `'' ry cT l 1 FEMA flood WnWC►maton obGuncd frt�tt; N V O ~ ' f I ( _ N 89'5715"E I M ►tap Numba 0el1Jc1215t Ig, , — : Ib3 ,o_�. It II Z fEnewe Date • January 10, 2016 35.00' 10 w oc ¢ I I 1. 6U I 0 250 50 100' 406 III nest ea u_ ONCD --'v S C Sr a ar eMn 2N ;rail gar: tu 3� e a 0 - ttC 9 A O 2-• 46 :isms; _ m _teas DOM 45) _ -O t- C ri• _ 1C n ` -o Colorado Department of TransportationI Sheet Revisions Sheet Revisions Sheet Revisions �� Right of Way Plans Date Description Initials Date Description Initials Date Description Initials DC P �, Plan 10601 W. 10th ST. mm/dd/Y� xxxxxxxx xxx mm/ddlYY xxxxxxx'x xxx mmfdd/YY xxxxxxxx xxx ' •��bc ,' Sheet i Greeley, CO 80631 ., s Project Number: AQC C030-086 is Project Phone: 970-350-2157 Location: WCR41 @ CO52 Turn Lanes r ••�';�� Region 4 PTS Project p., Dat Sheet _ __ - 5008 1 0721-23 1 7.01 o7.06 5No. __ • „ . WELD PUBLIC COUNTY WORKS DEPARTMENT d,� '• � .• t Z3.•: lis'• STREET / •1111H _ L. _NA " GREELEY. COCEO IAtb32 1t7s1i PHON11- 35f1-4ao LM > (970) - ffw—oo(w—o13) (PWE-0)(TE- MICHAEL R. DREILING `ik " & DORIS DREILING S igPARC.# 147305100026 RECP.# 1572707 (314 interest) N. RECP.# 1572708 interest) (1/4 LOT -8 RE 3260 RECD 2963074. 6-21— 2002 43 0 N 0010117” W KERR-McGEE GATHERING U..C KERR-MCGEE GATHERING LLC w o RECs4142619, 9.16.2015 v� RECs3946773, 7-11-2013 84 0�• -431 30' PIPEUNE EASEMENT �1 F30'2A F E 75' PIPELINE EASEMENT S 89'54'43' W---%,...44 40.00' - — 89°54'43' E 5 32' N V 1 iU 28' E O 175.32' car p LIMITS OF RECONSTRUCTION n DISTURBANCE OF PRIVATE DRIVE t, � . 4 40 00' 428 N oo•os'1r w (ROAD) 429 , ! 432 N 00'05. 7' w ...... E401=== 41=Erelp=4-elp Din el . Olaillm==1 -r ' — -1 ..�. 1293.26' 513 31' _ \are reirerromeciers re .�� ._.Ni_. .Sc— Itt — — Cr- - — �- - _1 - _ _ �_r 1- _ fir— — —Er NO0'o5'174W 31+00 N 00'05'17' W 32+00 33+00 2622.54' 34+00 0 x!SW �(" 35+UCH j7 3600 37+00 }0C ! 1 I --F--- - -�1 -E-- ---f �- T 628.08' N 00`05'17• W RECP.f36500 APRIL 21. 1890 N 00'05'17" W Co - - - - - -� ,ter.. ___ - t413.47,---_ __14.1.3.4T. _. .. - - __ - tv -- 0 .•$ v 1 WE- o - - Q_-_�-- 4- cill -� c! _". <; �: G Q-Q---a---<1----c2---d--- --Q---©---<]__- -<---© _ •- , 9?-86•iT�A - -- `�`f7 -N » - - r y l -o � N 00-0s1T W TE-0 � t I ��zz� N 02°05'17- W 659. 04* -1700.00' M. 4•=.4- ,ii- T 1 ! 719 24' t.44 o 628.884N Op^O5'17^ W LIMITS OF 438 f 1 p o= 700.00'DISTURBANCE Di I N 00'05'17- w $ -� 628.88' g y '23'12' E—� N I S 89'2312" W 89iROAD1 m o N00"0.11417' W 30.00' a 25 96 4 .,. n 439 6010 440 O r! RECONSTRUCTION - OF PRIVATE DRIVE N ut o cm �- w-0 .a r WE -0 a 1• w—02 TE-0 `QC-lake.HIUGO + 7..--- 7. VILLELA-PORTILLO •e.' PARC.4147304200005 RECP.# 4017757 RECP.# 4017756 Than s no 81nodpiain on the arts of cantructar. FEMA flood gnfomytiws o6tannee from FIRM Map Number 08123W2I WtiF of twe ctDate - Mowery 20. 2016 O — �0 as Ca -• a ' sias Ds NOD gsar nN r -r•• 'Sm N� grn" or:n a M - 7O 7O 0 co o -11 A O d- � N CM. E- a a LC -r " ` Colorado Department of Transportation Sheet Revisions Sheet Revisions Sheet Revisions -'� Right of Way Plans Date Description pc Initials Date ��, Description initials Date Description Initials DD P Plan Sheet 10601 W. 10th ST. mm/ddfw xxxXXXxx xrx yxxxxxx mm/dd/� xx 'cur mmfdd/yy xxxxxxxx xxx Greeley, CO 80631 CPhone: is Project Number: AQC C030-086 Project Location: WCR41 @ CO52 Turn Lanes 970-350-2157 f • Q •ac i . p Region 4 PTS Project Code Last Mod. Date Subset snort No. 25008 02-21.23 1 7.01 to 7.06 7.06 _, otec ro , : " --' WELD PUBLIC COUNTY WORKS DEPARTMEST .i 3 -4-L3 •• JA - i. r r IIIINSTREET j• P.O BOX MK GREELEY, CO 80632-0758 RW-0 w-ol At LAS Pt It Al_(970)3.564000 -WE (P -0 -00 MICHAEL & DORIS PARC.# R. DREILING 147305100026 DREILING la RECP.# 1572707 (3/4 interest) RECP.# 1572708 (114 interest) ,,,e;ez... LOT -8 RE 3260 REC#2963074, 6-21-2002 KERR-McGEE GATHERING LLC KERR-McGEE GATHERING LLC RECt4142619, 9-16-2015 30' PIPELINE EASEMENT RECs 3946773, 7.11-2013 75' PIPELINE EASEMENT in rn SLIMITS v • OF d —_ N 00'05'17" W DISTURBANCE & (ROAD) a 433 -- �� .n ��.� .,.�� .� .—T• --1. -Ally 54'43" E 718,81` TE-Qi 1293.26' ti a 1000' - `_ _ • - - ---- ___ - - - - --...._._ _ �_ - - - - - - - - - - - - - - ! --._._S�9�51?"F - - - - - - _ - - - - - - - - --- -•-•- - - _ _ _. 434 N=275 175 96 E=230.798 35 o 4i QU neon WCR 43+ 0 N 01'08 18" W 44+00 NQ0.05�17 W a5__ -r r. - _ --t--- i - $+00 N tiil'3b �T8" W 3y+UV +- _� - -I -- I 4 - I 2622.54 _i___ I 4 �- I 87 1T 872.88' EXISTING 60• RIGHT OF WAY RECP.*36500 N I I APRIL 21, 1890 Sitr8t437"pp o , S. 44 3 N a0'a5'17• W N 0517`' — _�S'"` -� _ 1413A7' -- — Q— — — © - 59.10' - �-- -- •4-- 1 �— 5a'43" w _ -- <1- - - C - -� 21 �8 - - a- - - 4 - - - =0 �. ._.,,...,�,i,_ .'K- ., _ _ SECTION CORN - c, -- C, •Q5•a T _ _ - -- G- - -- <}- - - 4- - -- C1- N C. 32 & - -,r-" 442 4, T3, R 5W SEC. 5 & TIN, R85w �, ��, * -� 659 04' TF — 0 , ��—'• _ W -» — N U2.OS'17' 719.24' _ \___ - - MINIMAL SLOPE MITS OF GRADING TO TIE DISTURBANCE (ROAD) INTO EXISTING O N O1 rw-oWE-0 w-02TE—Oa --F srLn rHUGO VILLELA-PORTILLO + z' 1 PARC.# 1473042(X)005 RECP.# RECP.# 4017757 4017756 Then is no tloodpfaei Ln me area o1 conatnrcnor.. FCMta flood information obtained from. HRH Nap Number tW 111C213SE Pagano Date - January 10, 1016 O O `- C9 a w� w a IL ow 4: a ffnN - 3 T, —mom O Lim o t:140,K1 Colorado Department of Transportation c a 10601 W. 10th ST. Greeley, CO 80631 Phone: 970-350-2157 Region 4 PTS WELD COUNTY PUBLIC WORKS OFPAR'I\tl ♦ t 131 t H STREET PO. BOX 7[11 GREELEY, CO &t324 758 PHONE: (V71►) 356-4911 Sheet Revisions bate Desviplion rnrn(d d/ yy xxxxxxxx Yxx Sheet Revisions rnm/dd/yy xx xxxxrx Sheet Revisions mm/dd/yy xxxxxxxx xxx OM %KOSE R KITCHEN' I A\il ail or oat es ad RI TCHEY 1 VENWH ro NE 1/4 SECTION 5 TIN -R65 W a MICHAEL It. I)REILING & DORIS DREILING RECP.# 1572707 RECP.# 1572708 NaNE-3ao O SAKATA LAND COMPANY RECP.#3783157 SE 1/4 SECTION TON 5 TIN-R65W 300' 600' 1200' CbWE-0 (W- 01 w-01 S1 e W- 04 W-04) WE -01 I- NAL LANG NW 1/4 SECTION 4 TIN-R65W HUGO VILLELA-POR11U O RECP.#40 17756 RECP.#401 7757 I ROBERT RUEGGE & BARBARA RUEGGE RECP.#3829862 SW 1/4 SECTION 4 TIN-R65W Rig t o Way Pans Ownership Sheet Project Number: AQC C030 -08E Project Location: WCR41 @ CO52 Turn Lanes 2%008 Last Mod. Date Subset Sheet No. 02-? 1-23 5.01 to 11.01 8.01 a all 401*ltil L/ asi v ov rid & e CIIAVI7 cal a" There a no noodplain in the area of construttoo FENA 60o0 information obtained from FIRM Nap Number 001130135* effective Ore January 20, 2016 WARRANTY DEED THIS DEED made this day of , 20 , made between Hugo Villela-Portillo whose legal address is 5952 CR41, Fort Lupton, CO 80621 of the County of Weld in the State of COLORADO, grantor(s), Exempt from Documentary Fee and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO whose legal address is 2829 W HOWARD PLACE, DENVER, COLORADO 80204 of the City and County of DENVER in the State of COLORADO, grantee: WITNESS, that the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors, heirs and assigns forever, all the real property, together with improvements, if any, lying and being in the County of WELD and the State of COLORADO, described as follows: See attached Exhibit "A & 0" dated March 3, 2023 for: Project Number: AQC C030-086 ( Project Code: 25008 I Parcel Number: RW-02, RW-02A also known by street and number as: 5952 CR 41, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, the grantees heirs and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes assessments, encumbrances and restrictions of whatever kind or nature soever, except: Excepting from the subject property described herein as Exhibit "A & B", the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in or 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. 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 as described as Exhibit "A & 0", 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. The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, the grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Hugo Villela-Portillo STATE OF COLORADO ss. County of The foregoing instrument was acknowledged before me this this 20_, by Hugo Villela-Portillo. Witness my hand and official seal. My commission expires: day of Notary Public 4949088 Psgss: 10 of 27 03/13/2024 12:24 PM R F..:$0.00 Carly Koppel', Clark and Recorder, Wald County , CO POI ff1111T ilaititf lt# lerali IkfiGW 1I 111 WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RW-02 STA. 28+80.17 Rt. to STA. 29+35.50 Rt. FROM Hugo Villela-Portillo 5952 CR 41 Fort Lupton, CO 80621 FOR Project Code: 25008 Project Number: AQC C030-086 Location: WC41 @ CO52 Turn Lanes 4949088 Pages: 11 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Koppas, Clerk and Raoordar, Wald County , CO iIII l� ialiCh �ti �iiwi �i ��y �Fti�iil�rilw'�'ilY 11111 EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-02 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-02 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 2,834 square feet (0.065 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 36°40'02" East a distance of 50.13 feet, to a point on the Easterly Right-of-way line of County Road 41 and the Northerly Right -of -Way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence departing said Northerly Right-of-way line and along said Easterly Right-of-way line, North 00°05'17" West a distance of 55.33 feet; 2. Thence departing said Easterly Right-of-way line North 89°54'43" East a distance of 29.87 feet;; 3. Thence South 38°04'58" East a distance of 69.70 feet, to a point on said Northerly Right -of -Way line; 4. Thence along said Northerly Right-of-way line, South 89°35'39" West a distance of 72.78 feet to the POINT OF BEGINNING. The above -described parcel contains 2,834 sf. (0.065 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 - inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970)304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4949088 Pages: 12 of 27 03/13/2024 12:24 PM R Foe :$0.00 Carly Koppel, Clark and Recorder, Wald County , CO Bill EXHIBIT -A NORTHWEST CORNER'' S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2007 IN A MONUMENT BOX DREILING EXISTING 60' -- RIGHT OF WAY RECP.#36500 APRIL 21, 1890 L2 IL HWY 52 P.O.C. WEST ONE -QUARTER CORNER S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX MM.r 1 tI 4JI maw p `IpN Q CDOT RIGIIT OF WAY ACQUISITION VILLELA-PORTILLO - RW-02 WELD COUNTY, COLORADO L3 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. HUGO VILLELA-PORTILLO PARC. # 147304200005 RECP.# 4017757 RECP.# 4017756 RW-02 RIGHT—OF—WAY ACQUIRED 2,834 sf. OR 0.065 ac.± L4 50' RIGHT OF AY 50j2 COUNTYW REC#837772,2-26-1940 i ROBERT & BARBARA 1 RUEGGE ; OUTHWEST CORNER 5� LINE TABLE LINE BEARING DISTANCE L1 L2 N36'40'02"E NOO'05'17"W 489'54'43"E 538'04'58"E S89'35'39"W 50.13' 55.33' 29.87' 69.70' 72.78' L3 L4 L5 PL 40' RIGHT OF WAY DEPARTMENT OF TRANSPORTATION WARRANTY DEED REC#3475197,5-11-2007 N8935'39"E 5317.26' •S4-T1N-R65W FOUND 2 1/2" •ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX UN 1 4949088 Pages: 13 of 27 03/13/2024 12:24 PM R F..:$0.00 Carly Kopper, Clark and Recorder, Weld County , CO iIII Kil 'Willa IVIh��lY�h 111 EAST ONE -QUARTER CORNER 54-T1 N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 'SCALE: 1"=50 DATE: 2-13-23 DRAWN BY: DRHI SHEET: 2 of 2 WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RW-02A STA. 28+80.17 Rt. to STA. 29+35.50 Rt. FROM Hugo Villela-Portillo 5952 CR 41 Fort Lupton, CO 80621 FOR Project Code: 25008 Project Number: AQC C030-086 Location: WC41 @ CO52 Turn Lanes 4949088 Poges: 14 of 27 03/13/2024 12:24 PM R Faa:$0.00 Carly Kappa., Clark and Raoardar, Wald County , COlIIII��lil�ah P��MI� WiI Nils ii:�IP tliiPM CI EXHIBIT "B" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-02A DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-02A of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 1,663 square feet (0.038 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 36°40'02" East a distance of 50.13 feet, to a point on the Easterly Right-of-way line of County Road 41 and the Northerly Right -of -Way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence departing said Easterly Right-of-way line and along said Northerly Right-of-way line, South 89°35'39" West a distance of 30.00 feet, to a point on the West line of said Northwest One -Quarter; 2. Thence departing said Northerly Right-of-way line and along said West line, North 00°05'17" West a distance of 55.50 feet; 3. Thence departing said West line, North 89°54'43" East a distance of 30.00 feet, to a point on said Easterly Right -of - Way line; 4. Thence along said Easterly Right-of-way line, South 00°05'17" East a distance of 55.33 feet to the POINT OF BEGINNING. The above -described parcel contains 1,663 sf. (0.038 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 - inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4949088 Pages: 15 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO EXHIBIT -B NORTHWEST CORNER- S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2007 IN A MONUMENT BOX ,A DREILING FXTSTTN,, 60. RIGHT OF WAY RECP. #36500 APRIL 21, 1890 PL Ice .0 HWY 52 P.O.C. WEST ONE -QUARTER CORNER S4 -T1 N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX IN I c� z 'cgs, 1 (IpN to m S CDOT RIGHT OF WAY ACQUISITION L1 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. HUGO ti��VILLELA-PORTILLO PARC.# 147304200005 RECP.# 4017757 RECP.# 4017756 RW-02A RIGHT—OF—WAY ACQUIRED 71,663 sf. OR 0.038 ac.± L5 PL 50' RIGHTS WAY WELD OOUNTY REC#837772,2-26-1940 LINE TABLE LINE BEARING DISTANCE L1 L2 N36'40'02`E S89'35'39"W N00'05'17"W N89'54'43"E S00'05'17"E 50.13' 30.00' 55.50' 3Q,QQ' 55.33' L3 1.4 L5 PL PL 40' RIGHT OF WAY DEPARTMENT OFTRANSPORTATION WARRANTY DAD REC#3475197, 5-11-2007 I ROBERT & BARBARA RUEGGE OUTHWEST CORNER S . S4-T1N-R65W FOUND 2 1/2" I ALUMINUM CAP LS25965 J1997 IN A MONUMENT BOX VILLELA-PORTILLO - RW-02A WELD COUNTY, COLORADO N89'35'39"E 5317.26 EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 SCALE: 1"=50 DATE: 2-13-23 'DRAWN BY: DRHISHEET: 2 of 2 4949088 Paws: 16 of 27 03/13/2024 12:24 PM R F..:$0.00 Carly Kappa', u ` ♦ Kappaa',Cll1a1`r'kyand Ra000rd`ar,Weld County , `CO Wi WARRANTY DEED THIS DEED made this day of , 20 , made between Hugo Villela-Portillo whose legal address is 5952 CR41, Fort Lupton, CO 80621 of the County of Weld in the State of COLORADO, grantor(s), and WELD COUNTY, COLORADO whose legal address is 1150 O Street, Greeley, CO 80631 Exempt from Documentary Fee of the County of WELD in the State of COLORADO, grantee: WITNESS, that the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors, heirs and assigns forever, all the real property, together with improvements, if any, lying and being in the County of WELD and the State of COLORADO, described as follows: See attached Exhibit "A" dated March 3, 2023 for: Project Number _ AQC C030-086 I Project Code: 25008 J Parcel Number RWE-02 also known by street and number as: N/A TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or M anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, the grantees heirs and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes assessments, encumbrances and restrictions of whatever kind or nature soever, except: Excepting from the subject property described herein as Exhibit "A", the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in or 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. 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 as described as Exhibit "A", 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. The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, the grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Hugo Villela-Portillo STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this this 20_, by Hugo Villela-Portillo. Witness my hand and official seal. My commission expires: 4949088 Pages; 17 of 27 03/13/2024 12:24 PM R Fee:$0,00 Carly Rope.., Clerk and Recorder, Weld County , CO day of Notary Public 11111 FAY 11111 WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-02 STA. 28+80.57 Rt. to STA. 43+48.49 Rt. FROM Hugo Villela-Portillo 5952 CR 41 Fort Lupton, CO 80621 FOR Project Code: 25008 Project Number: AQC C030-086 Location: WC41 @a CO52 Turn Lanes 4949088 Pages: 18 of 27 03/13/2024 12:24 PM R Fe.:$0.00 Car1Y Kopp.s, C1.rk and R.00rd.r W.ld County CO 11111 EXHIBIT "C" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RWE-02 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RWE-02 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 40,803 square feet (0.937 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 71°52'45" East a distance of 131.46 feet, to a point on the Northerly Right-of-way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence along said Northerly Right-of-way line, South 89°35'39" West a distance of 22.22 feet; 2. Thence departing said Northerly Right-of-way line, North 38°04'58" West a distance of 69.70 feet; 3. Thence South 89°54'43" West a distance of 29.87 feet, to a point on the Easterly Right -of -Way line of County Road 41; 4. Thence along said Easterly Right -of -Way line, North 00°05'17" West a distance of 1413.47 feet; 5. Thence departing said Easterly Right -of -Way line, North 89°54'43" East a distance of 7.00 feet; 6. Thence South 02°05'17" East a distance of 659.04 feet; 7. Thence South 00°05'17" East a distance of 700.00 feet; 8. Thence North 89°35'39" East a distance of 65.00 feet; 9. Thence South 00°05'17" East a distance of 110.00 feet to the POINT OF BEGINNING. The above -described parcel contains 40,803 sf. (0.937 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -cell diwni:wrn e:ay sldrnped LS 25965, 1997 In a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 - inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1083/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970)304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4949088 Pages: 19 of 27 03/13/2024 12:24 PM R F..:$0.00 Carly Koppas, Clerk and Recorder, Weld 4County h,u'C0 W''` ,III iIda''! liNV Chit-I�I7'iI��'fl�i��flfflg�ff1'IIII EXHIBIT -C NORTHWEST CORNER S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2007 IN A MONUMENT BOX NOO'05'17"W 2622.54' EXISTING 60' RIGHT OF WAY REC.6 APRiL 21#3, 189500 0 -'H 1i1/Y 52 P.O.C. WEST ONE -QUARTER CORNER S4 -T1 N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX , SAKATA LAND COMPANY RIGHT-OF-WAY ACQUISITION VILLELA-PORTILLO - RWE-02 WELD COUNTY, COLORADO L7 L8 L9 L10 L2 PL NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. HUGO VILLELA-PORTILLO PARC. # 147304200005 RECP.# 4017757 RECP.# 4017756 RWE-02 RIGHT—OF—WAY ACQUIRED 40,803 sf. OR 0.937 ac.± .0.8. BASIS OF BEARING SOO'02'05"E 2635.43' PL OUTHWEST CORNER 54-T1 N-R65W FOUND 2 1/2" ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX LINE TABLE LINE BEARING DISTANCE L1 L2 N71'52'45"E S89'35'39"W N38'04'58"W S89'54'43"W NOO'05'17"W N89'54'43"E S02'05'17"E S00'05'17"E N89'35'39"E SO0'05'17"E 131.46' 22.22' 69.70' 29.87' 1413.47' 7.00' 659.04' 700.00' 65.00' 110.00' L3 L4 L5 L6 L7 L8 L9 L10 EAST ONE -QUARTER CORNER S4 -T1 N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX 40" RIGHT OF WAY DEPARTMENT OF TRANSPORTATION WARRANTY DEED REC#3475197,5-11-2007 PL _ L N5.9'3 ' 9". 5317.26' 50' RIGHT OF WAY WELD COUNTY REC#837772,2-26-19 RUEGGE 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 'SCALE: 1"=300 DATE: 2-13-23 DRAWN BY: DRHISHEET: 2 of 2 4949088 Pages: 20 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO VIII PALIL Pic VINICIVINN W. I A KA III GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement ("Agreement"), is executed this day of , 20, between Hugo Villela-Portillo, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): 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" is the location of the Temporary Construction Easement ("TCE" ) located upon Owner's Property. 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 ("Term"). This TCE is granted solely for intersection improvements at Weld County Road 41 and Colorado State Highway 52 (the "Project") 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 Project including for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. In no event shall the County use the TCE within TCE Nos. 438 and 441 (per ROW Plans) for any purpose other than installing the culvert and regrading of the driveway access. The County agrees that TCE Nos. 438 and 441 will not be used for prolonged staging or parking vehicles or equipment. 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. In further consideration of the granting of this TCE, it is hereby agreed that all work performed by the County, its successors and assigns, in connection with this Easement shall be done with care. In particular, the County agrees to take all measures necessary to protect Owner's well/diversion box ("Irrigation Well") approximately located near the northern end of the TCE with temporary fencing. 4. At the expiration of the Term of this TCE, County shall promptly repair any damage to Owner's property caused by County and compensate Owner for any crop damages, damages to livestock and other items caused by County, its agents, employees, 4949088 Pages: 21 of 27 03/13/2024 12:24 PM R Fee:00.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIII FRIPiCll. WIT1110I�141kii • II 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. In the event of crop damages for hay in the area shown in Exhibit A, the County shall pay two (2) years of crop damage, including a reasonable profit, which payment shall be upon a basis consistent with the market conditions, at the time such crops are damaged. 5. County agrees that any current access to the property from the adjacent right-of- way shall remain open throughout the term of the TCE. Owner and County agree to coordinate use of field access to prevent disruption in road construction activity. 6. Owner shall relocate the electric fence to accommodate for the TCE. After the termination of the TCE, Owner shall relocate the electric wire fence to the edge of the new right of way. Owner shall have the electric fence relocated within 2 weeks of County staking the right of way and temporary construction easement. 7. At the end of the term and any extension thereto, all rights granted under this TCE are released and the Property shall be considered free and clear of this TCE. Upon termination of the TCE, Owner shall obtain ownership of any materials installed by County at no cost to Owner. 8. In no event may any use of the TCE by the County and its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, successors, and assigns thereof violate any applicable law, rule or regulation or materially impact Owner's farming operations in the adjacent property. To the extent allowed by law, the County shall indemnify and hold the Owner harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the activities of the County and/or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, successors, and assigns. 9. Owner acknowledges that County is a governmental entity that has limited liability in certain situations. No term or condition of this Agreement 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., C.R.S., as applicable now or hereafter amended. 10. 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 attorney fees and or legal costs occurred by or on its own behalf. 11. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. In the event of a legal dispute between the parties, the parties agree that Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 12. Prior to commencement of any construction, if requested by Owner, County and Owner shall hold a pre -construction meeting on the property. This meeting shall be held 4949088 Pages: 22 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Kappa., Clark and Recorder, Wald County , CO IIiii IVJI� w�� NIiI c,Iffliw'kilitOL NTWkh Bi ii i no more than 10 calendar days prior to commencement of any construction activities. If Owner requests a pre -construction meeting with County but fails to attend the scheduled meeting, County shall be permitted to immediately commence construction activities on the TCE. In addition to the foregoing, and if requested by Owner prior to the end of the Term, the County and Owner shall have a pre -reclamation meeting on Owner's Property prior to County commencing its reclamation activities on Owner's Lands. County shall provide Owner with at least fourteen (14) days' notice prior to commencing reclamation activities on Owner's Property. If Owner requests a pre -reclamation meeting with County but fails to attend the scheduled meeting, the County shall be permitted to immediately commence its reclamation activities on the TCE. 13. During the first April following the end of the Term, County shall meet Owner and Shannon Scholefield of Field Well and Testing to test and verify the condition and output of the Irrigation Well (Post -Construction Test). In the event that the Irrigation Well test shows a lower output or any variation in performance from the base test done on April 24, 2023, the County shall pay all costs and expenses to repair the Irrigation Well to perform the same or better than prior to the County's activities on the Owner's Property. Owner has provided the County with a copy of the report prepared in 2023 to use as the baseline and once the Post -Construction Test report and invoice are provided by Owner, County will pay reasonable testing fees to Field Well and Testing for the Post -Construction Test.. 14. County agrees to complete construction of irrigation structure as detailed on the attached Irrigation Construction Plan Sheet by April 14, 2024. 15. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assigns. 16. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. OWNER: Hugo Villela Portillo 4949088 Pages: 23 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO IIIII 4ti0RO'MF'RS6k 1I III WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: TE-02 STA. 28+80.69 Rt. to STA. 44+07.58 Rt. FROM Hugo Villela-Portillo 5952 CR 41 Fort Lupton, CO 80621 FOR Project Code: 25008 Project Number: AOC C030-086 Location: WC41 @ CO52 Turn Lanes 4848088 Pages: 24 of 27 03/13/2024 12:24 PM R F�e:$0.OO County , CO Carly Kopp., Clrrk and Raoord.r 11111 EXHIBIT "D" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: TE-02 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. TE-02 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 18,084 square feet (0.415 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 71°52'45" East a distance of 131.46 feet, to a point on the Northerly Right -of -Way line of State Highway 52 and being the POINT OF BEGINNING. 1. Thence departing said Northerly Right-of-Wal line, North 00°05'17" West a distance of 110.00 feet; 2. Thence South 89°35'39" West a distance of 65.00 feet; 3. Thence North 00°05'17" West a distance of 700.00 feet; 4. Thence North 02°05'17" West a distance of 659.04 feet; 5. Thence South 89°54'43" West a distance of 7.00 feet, to a point on the Easterly Right -of -Way line of County Road 41; 6. Thence along said Easterly Right -of -Way line, North 00°05'17" West a distance of 59.10 feet; 7. Thence departing said Easterly Right -of -Way line, North 89°54'43" East a distance of 14.94 feet; 8. Thence South 02'05'17" East a distance of 719.24 feet; 9. Thence North 89°23'12" East a distance of 29.96 feet; 10. Thence South 00°05'17" East a distance of 60.00 feet; 11. Thence South 89°23'12" West a distance of 30.00 feet; 12. Thence South 00°05'17" East a distance of 628.88 feet; 13. Thence North 89°35'39" East a distance of 65.00 feet; 4949088 Pages; 20 of 27 03/13/2024 12:24 PM R F..:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1111 14. Thence South 00°05'17" East a distance of 120.00 feet, to a point on the Northerly Right-of-way line of State Highway 52; 15. Thence along said Northerly Right-of-way line, South 89°35'39" West a distance of 10.00 feet, to the POINT OF BEGINNING. The above -described parcel contains 18,084 sf. (0.415 ac.), more or less. The purpose of the above -described Temporary Easement is for activities associated with roadway construction. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 -inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4949088 Pages: 28 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Kopp., Clark and Recorder, Wald County , CO hi IY II II EXHIBIT -D NORTHWEST CORNER NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A S4-TiN-R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2007 IN A MONUMENT BOX N00'05'17"W 2622.5x.'\1/4., C Fa MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. L8 HUGO VILLELA-PORTILLO PARC.#147304200005 147304200005 �i RECP.# 4017757 1 RECP.# 4017756 000' LINE TABLE QI LB LINE BEARING DISTANCE Z : .23--+ L1 N71'52'45"E 131.46' 9 TE-02 L2 NOM -15'17"W 110.00' s TEMPORARY CONSTRUCTION EASEMENT L3 S89'35'39"W 65.00' W I a �1 ACQUIRED 18,084 sf. OR 0.415 L4 N0005'17"W 700.00' c::, ac.# L5 NO2'05'17"W 659.04' U L6 589'54'43"W 7.00' i.,Li 5 r L10 L7 NOO'05'17"W 59.10' %,....1t ..1 1 L8 N89'54'43"E 14.94' L_12 L9 S02'05'17'E 719.24' L10 N89'23'12"E 29.96' 5 L11 SOO 05'17"E 60.00' Nti 1 ' L12 S89 -23'12"W 30.00' ;; Z EXISTING 60 1 ----------y % L13 SDO'05'17"E 628.87' RIGHT OF WAY^ .. 6 L14 N89'35'39"E 65.00' APRIL 21,6 S 0 L41 .2' .R5 L15 S00O5'17"E 120.00' L13 L6 589'35'39"W 10.00' 1 P.Q.B. i L14 L3 $a'0 EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX 40' RIGHT OF WAY DEPARTMENT OF TRANSPORTATION - WARRANTY DEED L15 REC#3475197, 5-11-2007 I 1 ' i ` - _ _ _ 5317.26' '.0.9. - 50' RIGHT OF WAY - D COUNTY WELWEST REC#830772, 2-26-1940 P`)o ' • BASIS OF ' • i . BEARINGQ • S00'02'05" E 2635.43' RUEGGE - `fl!! 6121be • SOUTHWEST CORNER '40. S4—T1N—R65W FOUND 2 1/2" ', .�y+j'.3..o �lyv� ALUMINUM CAP LS25965 °NI:4410S 1997 IN A MONUMENT BOX TEMPORARY CONSTRUCTION EASEMENT ACQUISITION - 1861 T - -..__ ' 'L,j r,' �� I 1 i L' !1 'I' ] G O u NIT �'PROJECT A" �r�J WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR41&HWY52 INTERSECTION PROJECT VILLELA-PORTILLO - TE-02 WELD COUNTY, COLORADO N0: GR-69 SCALE: 1"=300 DATE: 2-13-23 DRAWN BY: DRHISHEET: 3 of 3 4949088 Pages: 27 of 27 03/13/2024 12:24 PM R Fee:$0.00 Carly Kopp.., Clerk and Recorder, Weld County , CO iii( rdlEAL!MIVLII Contract Form Entity Information Entity Name * Entity ID * VILLELA-PORTILLO, HUGO @00048041 Contract Name* MEMORANDUM OF AGREEMENT Contract Status CTB REVIEW Q New Entity? Contract ID 7824 Contract Lead * EGREEN Contract Lead Email egreen@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # GR-69 Contract Description * MEMORANDUM OF AGREEMENT TO PURCHASE RIGHTS -OF -WAY AND TEMPORARY CONSTRUCTION EASEMENT FROM HUGO VILLELA-PORTILLO (WCR 41 / SH 52 INTERSECTION IMPROVEMENTS PROJECT, NORTHEAST QUADRANT) Contract Description 2 Contract Type* Department AGREEMENT PUBLIC WORKS Amount* $45,457.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKER@CO.WELD.CO.0 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 02/10/2024 02/14/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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 Termination Notice Period Contact Information Contact Info Review Date * 02/08/2024 Committed Delivery Date Renewal Date Expiration Date* 02/14/2124 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 02/08/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/14/2024 Finance Approver CHERYL PATTELLI Legal Counsel ADRIA SCHIEL Finance Approved Date Legal Counsel Approved Date 02/09/2024 02/12/2024 Tyler Ref # AG 021424 Originator EGREEN MEMORANDUM TO: Esther Gesick, CTB DATE: March 6, 2024 FROM: Erich Green, P.E., Public Works SUBJECT: Consent Agenda - Accept Owner Signed Warranty Deed as Public Right -of -Way (Contract ID 7824) (Parcel RWE-02) (WCR 41/SH 52 Intersection Improvements) Please place this item on the Consent Agenda of the soonest possible BOCC hearing. The Memorandum of Agreement was approved by the Board on February 21, 2024, and the Document ID is 2024-0434. An image of the signed deed is attached, and I am providing the original to your office today. It is crucial that the deed is recorded and the reception number provided as soon as the deed is accepted by the Board so that we can keep other project tasks on track. Please let me know if someone from our office needs to assist with recordation. Conferrf. P9ena.a-- ,5///fr7z-- Zo 2,+-04N EC1Ob�Z 4948178 Pages: 1 of 3 03/07/2024 03:11 PM R Foe:$0.00 D Fee:$0.00 Carty Koppel, Clerk and Recorder, Weld County , CO kir1ONIII rNClAL rIIIrmMAI Willi, III III rg WARRANTY DEED THIS DEED made this - day of /'oral. - , 20 2.'4, made between Hugo Viilele-Portillo whose legal address is 5952 CR41, Fort Lupton, CO 80621 of the County of Weld in the State of COLORADO, grantor(s), and WELD COUNTY, COLORADO whose legal address is 1150 O Street, Greeley, CO 80631 of the County of WELD in the State of COLORADO, grantee: Exem•t from Documenta Fee WITNESS, that the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors, heirs and assigns forever, all the real property, together with improvements, if any, lying and being in the County of WELD and the State of COLORADO, described as follows: See attached Exhibit "A" dated March 3, 2023 for: Project Number: AQC C030-086 I Project Code: 25008 I Parcel Number: RWE-02 also known by street and number as: N/A TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, the grantees heirs and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes assessments, encumbrances and restrictions of whatever kind or nature soever, except: Excepting from the subject property described herein as Exhibit "A", the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in or 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. 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 as described as Exhibit "A", 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. The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, the grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Hug iilela-Portilio STATE OF COLORADO l ss. County of Weld J The fo egoing instrument was acknowledged before me this this day of �1it,� 2521, by Hugo hillela-Portillo. Witness my hand and official seal. My commission expires: 4 s - s IL ZDZL MITCHELL HAUFF Notary Public State of Colorado Notary ID # 20144016002 Myaommission Expires 04-16-2026 Notary Public 4948178 Pages: 2 of 3 03/07/2024 ar 1y Coppae,OClerk and Reeorrder$,0Wa1dCounty , Co0 '.�� II ii�lkil w.IW L' III EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RWE-02 DATE: February 13, 2023 LEGAL DESCRIPTION A tractor parcel of land No. RWE-02 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 40,803 square feet (0.937 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 71°52'45" East a distance of 131.46 feet, to a point on the Northerly Right-of-way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence along said Northerly Right-of-way line, South 89'35'39" West a distance of 22.22 feet; 2. Thence departing said Northerly Right-of-way line, North 38°04'58" West a distance of 69.70 feet; 3. Thence South 89"54'43" West a distance of 29.87 feet, to a point on the Easterly Right -of -Way line of County Road 41; 4. Thence along said Easterly Right -of -Way line, North 00°05'17" West a distance of 1413.47 feet; 5. Thence departing said Easterly Right -of -Way line, North 89"54'43" East a distance of 7.00 feet; 6. Thence South 02°05'17" East a distance of 659.04 feet; 7. Thence South 00'05'17" East a distance of 700.00 feet; 8. Thence North 89°35'39" East a distance of 65.00 feet; 9. Thence South 00°05'17" East a distance of 110.00 feet to the POINT OF BEGINNING. The above -described parcel contains 40,803 sf. (0.937 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 - inch aluminum cap illegible in a monument box at the North End, as Bearing North 00"02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970)304-6496 Weld County Pulblic Works Dept. 1111 H Street Greeley, CO 80632 EXHIBIT -A NORTHWEST CORNER NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2007 i IN A MONUMENT BOX NOO'05'17"W 2622.54' FFe Q Ca .? r •H M0NUMENTED LAND SURVEY OR LAND SURVEY PLAT. , IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. L6 HUGO VILLELA-PORTILLO L7 PARC. # 147304200005 RECP.# 4017757 RECP.# 4017756 .-e LINE TABLE LINE BEARING DISTANCE C) L1 671'52'45"E 131.46' 7. U RWE-02 RIGHT-OF-WAY L2 089'35'39"W 22.22' ACQUIRED L3 N38'04'58"W 69.70' 5 40,803 sf. OR L4 S89'54'43"W 29.87' 0.937 ac.± L5 N00'05'17"W 1413.47' L6 989'54'43"E 7.00' a000 L7 002'05'17"E 659.04' �^ EXISTING 6a L8 SO0'05'17"E 700.00' RIGHT OF WAY .,�� \�t�0,`N L9 N89'35'39"E 65.00' RECP.#36500 APRIL 21, 1890 L8 '�� L10 SO0'05'17"E 110.00' EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX 40' RIGHT OF WAY L9 DEPARTMENT OF TRANSPORTATION L10 REC#347551197, 5--11--2007 PL PL I _-- L2 P.O.B. 5317.26' I -SO• RIGHT OF WAY WELD COUNTY : REC#837772, 2-26-19 11 : c;R:pgF�� o'• BASIS OF (.1►' . ,,f' < BEARING V. SO0'02'05"E RUEC;UE 'Ile"2'69 2635.43' 6,7 i or SOUTHWEST CORNER ,P , � ' S4-T1N-R65W FOUND 2 1/2" 41 ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX RIGHT-OF-WAY ACQUISITION x.486 G p U "I N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT VILLELA-PORTILLO - RWE-02 WELD COUNTY, COLORADO PROJECT NO: GR-69 I5CALE: ("=300 DATE: 2-13-23 DRAWN BY: DRHJSHEET: 2 of 2 4848178 Pages: 3 of 3 03/07/2024 03:11 PM R Fee:$0.00 D Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO IIIII IPAMAIRRICI 1r1\ 111rIAMIV IiII1 i II Chloe White From: Sent: To: Cc: Subject: Attachments: All, Erich Green Thursday, March 21, 2024 3:55 PM Esther Gesick; Adria Schiel; Bruce Barker Daniel Holmes; Don Dunker; CTB RE: Consent Agenda to Accept Warranty Deed (Contract ID 7824) RW-02 and RW-02A (WD) (CDOT) - Rec No 4950535.pdf The recorded version of the Warranty Deed for the CDOT acquisition (inclusive of Parcels RW-02 and RW-02A) is attached for your use. This was recorded by Public Works today. Thank you, Erich Erich Green, P.E., L.S.I. Engineer III Weld County Public Works Dept. 1111 H Street Greeley, CO. 80632 tel: (970) 400-3742 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 privileged, 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: Erich Green Sent: Thursday, March 7, 2024 4:05 PM To: Esther Gesick <egesick@weld.gov>; Adria Schiel <aschiel@weld.gov>; Bruce Barker <bbarker@weld.gov> Cc: Daniel Holmes <dholmes@weld.gov>; Don Dunker <ddunker@weld.gov>; CTB <CTB@co.weld.co.us> Subject: RE: Consent Agenda to Accept Warranty Deed (Contract ID 7824) All, The recorded version of the Warranty Deed is attached for your use. We plan to move forward with field staking of the acquisition so the owner can move his fence, as well as teeing up the next process to convey a portion of this piece to Xcel to accommodate their gas site relocation. Thank you, Coinse,n+ AeAnd 03!a"7!&1 CC= a)(e0/1/7;(0 'p,3/z7/ayzoca9-09 39 8..Googa s WARRANTY DEED THIS DEED made this 6 day of ,a , 202,, made between Hugo Villela•Portillo whose legal address is 5952 CR41, Fort Lupton, CO 80621 of the County of Weld in the State of COLORADO, grantor(s), and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO whose legal address is 2829 W HOWARD PLACE, DENVER, COLORADO 80204 of the City and County of DENVER in the State of COLORADO, grantee: Exem.t from Documenta Fee WITNESS, that the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors, heirs and assigns forever, all the real property, together with improvements, if any, lying and being in the County of WELD and the State of COLORADO, described as follows: See attached Exhibit "A & B" dated March 3, 2023 for: Project Number: AQC C030-086 I Project Code: 25008 I Parcel Number: RW-02, RW-02A also known by street and number as: 5952 CR 41, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, the grantees heirs and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes assessments, encumbrances and restrictions ofwhatever kind or nature soever, except: Excepting from the subject property described herein as Exhibit "A & B", the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in or 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. 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 as described as Exhibit "A & B", 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. The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, the grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Hug illela-Porte o STATE OF COLORADO as. County of i�i„4t° The fofegoing instrument was acknowledged before me this this day of /114,14Z , 201,t, by Hugo Villela-Portiilo. Witness my hand and official se I. My commission expires: /b` 201(, MITCHELL HAUFF Notary Public State of Colorado Notary ID ft 20144016002 My Commission Expires 04-16-2026 711:14-4.../. • -# Notary Public 67 4990535 Pages: 2 of '3 03/21/2024 02:64 PM R Fee:$01004 0 Feey$0C00 , Carly Kopf. Clerk end Recorder, EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-02 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-02 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 2,834 square feet (0.065 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 36°40'02" East a distance of 50.13 feet, to a point on the Easterly Right-of-way line of County Road 41 and the Northerly Right -of -Way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence departing said Northerly Right-of-way line and along said Easterly Right-of-way line, North 00°05'17" West a distance of 55.33 feet; 2. Thence departing said Easterly Right-of-way line North 89°54'43" East a distance of 29.87 feet;; 3. Thence South 38°04'58" Easta distance of 69.70 feet, to a point on said Northerly Right -of -Way line; 4. Thence along said Northerly Right-of-way line, South 89°35'39" West a distance of 72.78 feet to the POINT OF BEGINNING. The above -described parcel contains 2,834 sf. (0.065 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 - inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 EX NORTHWEST CORNER---" S4—T1N—R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2OO7 IN A MONUMENT BOX DREILING HWY 52 P.O.C. WEST ONE —QUARTER CORNER 54—T1N—R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX 3 V N 1-1 OEM w Y wwwww w'w � W Q7 C1 d' tC o s N S: CDOT RIGHT OF WAY ACQUISITION VILLELA-PORTILLO - RW-02 WELD COUNTY, COLORADO NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY: a,v HUGO VILLELA-PORTILLO s' S� PARC. # 147304200005 RECP.# 4017757 RECP.# 4017756 RW-02 RIGHT-OF—WAY ACQUIRED 2,834 sf. OR 0.065 ac.± 50' RIGHT OF WAY WELD COUNTY RECN837772,2-26-1940 LINE TABLE LINE L1 L2 BEARING DISTANCE N36'40'02"E N00'05'17"W N89'54'43"E S38'54'58"E S89'35'39"W 50.13' 55.33' 29.87' 69.70' 72.78' L3 L4 L5 PL PL 40' RIGHT OF WAY DEPARTMENT OF TRAN=TATION WARRANTY DEED REC#3475197, 5-11-2007 N89'35'39"E 5317.26 EAST ONE -QUARTER CORNER-' S4—T1N—R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX w w swwwe w w w d se®w w w w w wwww w I ROBERT & BARBARA RUEGGE OUTHWEST CORNER 5� S4-T1N-R65W FOUND 2 1/2" 'ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX 3_G pUN 4950535 Pages: 3 of 5 03/21/2024 02:54 PM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO rdrillAI:IVIINITIMINIXIMIN 1� IiVii6 t III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 SCALE: 1,50 DATE: 2-13-23 DRAWN BY: DRH SHEET: 21 2 EXHIBIT "B" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-02A DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-02A of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 1,663 square feet (0,038 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 36°40'02" East a distance of 50.13 feet, to a point on the Easterly Right-of-way line of County Road 41 and the Northerly Right -of -Way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence departing said Easterly Right-of-way line and along said Northerly Right-of-way line, South 89°35'39" West a distance of 30.00 feet, to a point on the West line of said Northwest One -Quarter; 2. Thence departing said Northerly Right-of-way line and along said West line, North 00°05'17" West a distance of 55.50 feet 3. Thence departing said West line, North 89°54'43" East a distance of 30.00 feet, to a point on said Easterly Right -of - Way line; 4. Thence along said Easterly Right-of-way line, South 00°05'17" East a distance of 55.33 feet to the POINT OF BEGINNING. The above -described parcel contains 1,663 sf. (0.038 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, From the Southwest Corner of said section 4, being monumented by A No, 6 rebarwith a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 - inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4950535 Pages: 4 of 5 03/21/2024 02:54 PM R Feet$0.00 D Fee:$0.00 Carle Koppel, Clerk and Recorder, Weld County , CO �� F.r ' llaglif Clfili k ll'ithi'IMril' g iliOt vh II II I EXHIBIT- B NORTHWEST CORNER--" S4-T1N--R65W FOUND 3 1/4" ALUMINUM CAP I L534993 2007 IN A MONUMENT BOX z w x C EXISTING 60'' RIGHT OF WAY RECP.#36500 APRIL 21, 1890 PL HWY 52 P.O.C. WEST ONE -QUARTER CORNER 54-T1N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX L3 SWIMS WM WS INEWSWISISM WI IN WWIWW1 1J.I I. 171.8 '4 5 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. HUGO VILLELA-PORTILLO PARC. # 147304200005 RECP.# 4017757 RECP.# 4017756 RW-02A. RIGHT—OF—WAY ACQUIRED 1,663 sf. OR 0.038 ac.± PL PL P.O.B. SO' RIT OF WAY WELGHD COUNTY b REC#837772,2-26-1940 LINE TABLE LINE BEARING DISTANCE L1 L2 636'40'02"E S89'35'39"W NO0'05'17"W N89'54'43"E S00'05'17"E 50.13' 30.00' 55.50' 30.00' 55.33' L3 L4 L5 PL 40' RIGHT OF WAY DEPARTMENT OF TRANSPORTATIDN WARRANTY DEED RECA3475197,5-11-2007 689'35'39"E ROBERT & BARBARA a `o ° RUEGGE I "412 OUTHWEST CORNER �r • 1 S4-T1N-R65W FOUND 2 1/2" ',ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX CDOT RIGHT OF WAY ACQUISITION VILLELA-PORTILLO - RW-02A WELD COUNTY, COLORADO 4950535 Pages: 5 of 5 03/21/2024 02:54 PM R Fee:$0.00 D F.a:$0.00 Carly Kopp®a, Clerk and Reoorder, Weld County , CO FM IMAM aiiritrI rh 11111 5317.26' EAST ONE -QUARTER CORNER-' S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX WWWIMISSO MI SW NISSAN WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT N0: GR-69 !SCALE: I'-50 DATE: 2-I3-23 DRAWN BY: DRHISHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement ("Agreement"), is executed this S'�� day of /1sti-6, , 20, between Hugo Villela-Portillo, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): 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" is the location of the Temporary Construction Easement ("TCE" ) located upon Owner's Property. 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 ("Term"). This TCE is granted solely for intersection improvements at Weld County Road 41 and Colorado State Highway 52 (the "Project") 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 Project including for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. In no event shall the County use the TCE within TCE Nos. 438 and 441 (per ROW Plans) for any purpose other than installing the culvert and regrading of the driveway access. The County agrees that TCE Nos. 438 and 441 will not be used for prolonged staging or parking vehicles or equipment. 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. In further consideration of the granting of this TCE, it is hereby agreed that all work performed by the County, its successors and assigns, in connection with this Easement shall be done with care. In particular, the County agrees to take all measures necessary to protect Owner's well/diversion box ("Irrigation Well") approximately located near the northern end of the TCE with temporary fencing. 4. At the expiration of the Term of this TCE, County shall promptly repair any damage to Owner's property caused by County and compensate Owner for any crop damages, damages to livestock and other items caused by County, its agents, employees, eom-2th *da- 3/27/24 e' ,P,;(g/D4/0) 0/.27/02 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. In the event of crop damages for hay in the area shown in Exhibit A, the County shall pay two (2) years of crop damage, including a reasonable profit, which payment shall be upon a basis consistent with the market conditions, at the time such crops are damaged. 5. County agrees that any current access to the property from the adjacent right-of- way shall remain open throughout the term of the TCE. Owner and County agree to coordinate use of field access to prevent disruption in road construction activity. 6. Owner shall relocate the electric fence to accommodate for the TCE. After the termination of the TCE, Owner shall relocate the electric wire fence to the edge of the new right of way. Owner shall have the electric fence relocated within 2 weeks of County staking the right of way and temporary construction easement. 7. At the end of the term and any extension thereto, alt rights granted under this TCE are released and the Property shall be considered free and clear of this TCE. Upon termination of the TCE, Owner shall obtain ownership of any materials installed by County at no cost to Owner. 8. In no event may any use of the TCE by the County and its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, successors, and assigns thereof violate any applicable law, rule or regulation or materially impact Owner's farming operations in the adjacent property. To the extent allowed by law, the County shall indemnify and hold the Owner harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the activities of the County and/or its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, successors, and assigns. 9. Owner acknowledges that County is a governmental entity that has limited liability in certain situations. No term or condition of this Agreement 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., C.R.S., as applicable now or hereafter amended. 10. 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 attorney fees and or legal costs occurred by or on its own behalf. 11. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. In the event of a legal dispute between the parties, the parties agree that Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 12. Prior to commencement of any construction, if requested by Owner, County and Owner shall hold a pre -construction meeting on the property. This meeting shall be held no more than 10 calendar days prior to commencement of any construction activities. If Owner requests a pre -construction meeting with County but fails to attend the scheduled meeting, County shall be permitted to immediately commence construction activities on the TCE. In addition to the foregoing, and if requested by Owner prior to the end of the Term, the County and Owner shall have a pre -reclamation meeting on Owner's Property prior to County commencing its reclamation activities on Owner's Lands. County shall provide Owner with at least fourteen (14) days' notice prior to commencing reclamation activities on Owner's Property. If Owner requests a pre -reclamation meeting with County but fails to attend the scheduled meeting, the County shall be permitted to immediately commence its reclamation activities on the TCE. 13. During the first April following the end of the Term, County shall meet Owner and Shannon Scholefield of Field Well and Testing to test and verify the condition and output of the Irrigation Well (Post -Construction Test). In the event that the Irrigation Well test shows a lower output or any variation in performance from the base test done on April 24, 2023, the County shall pay all costs and expenses to repair the Irrigation Well to perform the same or better than prior to the County's activities on the Owner's Property. Owner has provided the County with a copy of the report prepared in 2023 to use as the baseline and once the Post -Construction Test report and invoice are provided by Owner, County will pay reasonable testing fees to Field Well and Testing for the Post -Construction Test.. 14. County agrees to complete construction of irrigation structure as detailed on the attached Irrigation Construction Plan Sheet by April 14, 2024. 15. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assigns. 16. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. OWNER: Hug Villela ortillo EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: TE-02 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or pa¢el of land No. TE-02 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 18„084 square feet (0.415 acres), more or less, being a part of the Northwest One -Quarter (NW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of those deeds filed in the Weld County Clerk and Recorders office under reception No. 4017757 Dated May 21, 2014 and reception No. 4017756, Dated May 21, 2014 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence North 71°52'45" East a distance of 131.46 feet, im a point on the Northerly Right -of -Way line of State Highway 52 and being the POINT OF BEGINNING. 1. Thence departing said Northerly Right-of-Wal line, North 00°05'17" West a distance of 110.00 feet; 2. Thence South 89°35'39" West a distance of 65.00 feet; 3. Thence North 00°05'17" West a distance of 700.00 feet; 4. Thence North 02°05'17" West a distance of 659.04 feet; S. Thence South 89°54'43" West a distance of 7.00 feet, to a point on the Easterly Right -of -Way line of Couemty Road 41; 6. Thence along said Easterly Right -of -Way line, North 00°05'17" West a distance of 59.10 feet; 7. Thence departing said Easterly Right -of -Way line, North 89°54'43" East a distance of 14.94 feet; 8. Thence South 02°05'17" East a distance of 719.24 feet; 9. Thence North 89°23'12" East a distance of 29.96 feet; 10. Thence South 00°05'17" East a distance of 60.00 feet; 11. Thence South 89°23'12" West a distance of 30.00 feet; PQO 12. Thence South 00°05'17" East a distance of 628.88 feet; 13. Thence North 89°35'39" East a distance of 65.00 feet; 14. Thence South 00°05'17" East a distance of 120.00 feet, to a point on the Northerly Right-of-way line of State Highway 52; 15. Thence along said Northerly Right-of-way line, South 89°35'39" West a distance of 10.00 feet, to the POINT OF BEGINNING. The above -described parcel contains 18,084 sf. (0.415 ac.), more or less. The purpose of the above -described Temporary Easement is for activities associated with roadway construction. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 -inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 EXHIBIT -A NORTHWEST CORNER NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A �.� S4-THW R65W FOUND 3 1/4" ALUMINUM CAP LS34993 2007 , IN A MONUMENT BOX L7 600'05'17"W 2622.54' c MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. i L8 HUGO VILLELA-PORTILLO I /" �s PARC. # 147304200005 RECP.# 4017757 I RECP.# 4017756 Oow LINE TABLE , I L9 LINE BEARING DISTANCE Z L5 L1 N71'52'45"E 131.46' . -- i TE-02 L2 N00'05'17"W 110.00' C!71-,, TI TEMPORARY CONSTRUCTION L3 S89'35'39"W 65.00' EASEMENT ACQUIRED 18,084 sf. OR 0.415 ac.t L4 N00'05'17"W 700.00' a , L5 NO2'05'17"W 659.04' C..) Ci L6 S89'54'43"W 7.00' L10 L7 NO0'05'17"W 59.10' L11 L8 N89'54'43"E 14.94' L12 L9 502'05'17"E 719.24' L10 N89'23'12"E 29.96' L11 500'05'17"E 60.00' L12 589'23'12"W 30.00' EXISTING 60' L13 S00'05'17"E 628.87' RIGHT OF WAY L14 N89'35'39"E 65.00' RECP.#36500 APR. 21, la90 L4 .�-3 L15 S00.05'17"E 120.00' L13 L6 S89'35'39"W 10.00' P.O.B. PL PL L14 L3 L2 y,;� EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX 40' RIGHT OF WAY DEPARTMENT OF TRANSPORTATION WARRANTY DEED L15 REC#3475197,5-11-2007 PL PL PL 689'35'39"E '-5317.26'__ -_!HWY 52 P.O.C. WEST ONE -QUARTER CORNER : S4-T1N-R65W FOUND 3 1/4" : ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX `,3, C SAKATA LAND COMPANY ' _ __ - -_ _ _ __ -P.O.B. - 50' RIGHT OF WAY WELD COUNTY REC#837772, 2-26-1940 •� P BASIS OF � '• "'• BEARING � �, `� " T�S SO0'02'05"E RUEGGE GG E - Q 0 3 f� 2635.43' 6 -pi -v ' it SOUTHWEST CORNER 4,''. a S4 -T1 N-R65W FOUND 2 1/2" J' ';,-(''.1:`'-',,,,.•' Q ALUMINUM CAP LS25965 �404 A 1997 IN A MONUMENT BOX TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 861 _ WE\ Q L1 N 1 T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT VILLELA-PORTILLO - TE-02PROJECT WELD COUNTY, COLORADO NO: GR-69 SCALE: I"=300 1 DATE: 2-13-23 'DRAWN BY: DRHISHEET: 3 2 3 Hello