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Home My WebLink About20252815.tiff Resolution Approve Memorandum of Agreement to Purchase Property Interest for Public Road Right-of-Way and Temporary Construction Easement, Accept Deed of Dedication for Public Road Right-of-Way for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign All Necessary Documents — Rebecca Cutler, Sandra Murphy, and Gary Pound 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 to Purchase Property Interest for Public Road Right-of-Way and Temporary Construction Easement, and Acceptance of a Deed of Dedication for Public Road Right-of-Way for the State Highway 392 and County Road 35 Intersection Improvements Project among 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, Rebecca Cutler, Sandra Murphy, and Gary Pound, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement and deed of dedication, and Whereas, after review, the Board deems it advisable to approve said agreement and accept said deed of dedication, copies of which are attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement to Purchase Property Interest for Public Road Right-of-Way and Temporary Construction Easement, and Acceptance of a Deed of Dedication for Public Road Right-of-Way for the State Highway 392 and County Road 35 Intersection Improvements Project among 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, Rebecca Cutler, Sandra Murphy, and Gary Pound, be, and hereby are, approved and accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 5062125 Pages: 1 of 19 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ell 110,1141111101 101417M110!110Id 11111 cc:PW(cN/lc)4/cP/DD/sB), c02,(04/As) 2025-2815 12./vH/25 EG0083 Memorandum of Agreement to Purchase Property Interest for Public Road Right-of-Way and Temporary Construction Easement, and Deed of Dedication for Public Road Right-of-Way for State Highway 392 and County Road 35 Intersection Improvements Project — Rebecca Cutler, Sandra Murphy, and Gary Pound Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 15th day of October, A.D., 2025: Perry L. Buck, Chair: Aye o+ to-.. Scott K. James, Pro-Tem: Aye ,/� �i1♦` Jason S. Maxey: Aye / , 0L Lynette Peppler: Aye � Y pp , t Kevin D. Ross: Aye Approved as to Form: ., ,► Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 6062125 Pages: 2 of 19 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 2025-2815 EG0083 Corll-va 04.99(A. N-VEL4 1861 Public Works Department (970) 400-3750 1111 H St., P.O. Box 758 COUNTY,CO Greeley, CO 80632 MEMORANDUM TO: Clerk to the Board DATE: October 2,2025 FROM: Cameron Parrott, Sr. Engineer SUBJECT: BOCC Agenda Item-Contract ID #9964 (Memorandum of Agreement to Purchase ROW from Rebecca Cutler, Sandra Murphy, and Gary Pound for the Hwy 392 @ WCR 35 Intersection Improvement Project) The BOCC was asked to approve this ROW initial offer in a passaround dated 6/16/25. As part of that passaround the Public Works Dept. requested the ability to negotiate any counteroffers within a specific boundary. This accepted offer for the Rebecca Cutler, Sandra Murphy, and Gary Pound ROW acquisition, which has been signed by the owners, is within those boundaries previously approved. The Public Works Dept.will have a representative available at the meeting to answer any questions. 2025-2815 I0A5 on3 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Hwy 392©WCR 35 ROW Initial Offers DEPARTMENT: Public Works DATE:6/16/25 PERSON REQUESTING: Cameron Parrott Brief description of the problem/issue: We have recently received fair market values from CDOT for the Hwy 392 ifg WCR 35 Intersection Improvement project. They can be broken down as follows(numbers rounded to nearest$10): Size of Appraised Appraised 30% Appraised County Landowner ROW/Easement Value of Value of Incentive on Value of Initial (Acres) ROW Easements Land Value Damsons Offer Rebecca L Cutler, Sandra K 0.567/0.122 $7,750 $340 $2,430 $0 $10,520 I Murphy, and Gary A Pound Timotny►c ana 0.286/0.100 $29,930 $2,140 $9,620 $16,980 $58,670 Jamie L Pribble Richard H and 0.000/0.013 $0 $500 $0 $0 $500 Francis M Geisert Louise McKay and 0.083/0.016 $4,940 $360 $1,590 $0 $6,890 Tony Nagel Eagle View Point LLC 0.000/0.020 $0 $500 $0 $0 $500 Staff would like to extend initial offers for these acquisitions based on the numbers in the last column of the table above. What options exist for the Board? • Allow staff to make initial offers for these ROW acquisitions • Deny staff to make initial offers for these ROW acquisitions Consequences: Denial of making initial offers for these ROW acquisitions will delay the project. Impacts: The next phase of this project is to relocate impacted utilities. Not having the ROW acquired will delay this phase and could ultimately delay construction. Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):$10,520+$58,670+$500+$6,890+ $500 for a total of$77,080 for these five properties. Recommendation: Staff recommends extending initial offers for these acquisitions based on the described values listed above and allow staff to negotiate any counter offers up to a total of$88,640(additional 15%). If any counter offers exceed 15%above the values shown in the table above, staff will reach out for approval again from the BOCC. Support Recommendation Schedule Place on BOC A end Work Session Other/Comments: Perry L. Buck Scott K.James - ��/ Jason S. Maxey r y1 t Lynette Peppier Kevin D. Ross Project Code:24798 Parcel No:RWE-01,RW-01, MEMORANDUM OF RW-lA,and TE-01 AGREEMENT TO PURCHASE Project No:SHE 3921-020 PROPERTY INTEREST Location:SHWY 392&WCR 35 County:Weld State Highway No:392 This Memorandum of Agreement("Agreement")made on OC�f V �Z�s between Weld County (GRANTEE)for the purchase of the parcel(s)listed above from the Owner(s) REBECCA CUTLER,SANDRA MURPHY,AND GARY POUND (GRANTOR). Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado state laws and regulations.The amount of money and/or compensation listed below is full consideration for the following land,easements,improvements,and damages of any kind. Land(RWE-01,RW-01,RW-1A,) Sq.ftD/.567 acres® $7,749.00 Permanent and Slope Easements Sq.ftD/acres $-0 Temporary Easements(TE-01) Sq.ftD10.122acres® $342.00 Improvements:None $-0- Damages: Gross Total $8,100(Rounded) Additional consideration for incentive payment to Grantor if Agreement signed by Grantor on or before September 11,2025,per the terms stated below in $2,430.00 "Other conditions." Net Total $10,530.00 Other conditions: See attached Addendum. Grantor(OWNER)is hereby advised Grantee(the COUNTY),its employees,contractors or representatives,is seeking to accelerate the State HWY 392 and CR 35 project to more quickly provide road improvements to the traveling public. Therefore,it is understood and agreed that: 1. For the purpose of expediting the project,the COUNTY is hereby offering OWNER an incentive of$2,430.00 shown above,if this Memorandum of Agreement(MOA)is(1)properly executed by OWNER,and(2)received by the COUNTY or its representatives on or before September 11,2025. 2. If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business September 11,2025 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the incentive payment of$2,430.00. Further,OWNER understands that if the COUNTY or its representatives has not received a fully executed MOA by close of business September 11,2025,the COUNTY's position at any further proceedings regarding"Just Compensation"will be in the amount of$8,100.00(Gross Total). The GRANTOR: 1)Represents that he or she is the legal owner of the property and has the right to convey the property in the manner detailed in this Agreement; 2)Acknowledges that just compensation was determined by an appropriate valuation procedure prepared in accordance with applicable laws and regulations,and hereby knowingly waives any right to contest such valuation; 3)Agrees the amount of money and/or compensation listed above is full consideration for the following land, easements,improvements,and damages of any kind whatsoever; 4)Will,at the closing,pay all taxes(including prorated taxes for the current year)and special assessments for the current year; 5)Has entered into this agreement because the GRANTEE has the power of eminent domain and requires the property for public purposes; 6)Shall be responsible for securing releases from all liens,judgments and financial encumbrances to deliver clear, unencumbered title to GRANTEE.Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction hereby contemplated or from any lawful other source; 7)Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below; 8)Excepts from the subject property described herein in the attached Exhibits,the mineral estate and including all coal,oil,gas and other hydrocarbons,and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without payment of further compensation to the GRANTOR,any and all sand,gravel,earth,rock,and other road building materials found in or upon said subject property and belonging to the GRANTOR;and 9)The GRANTOR further covenants and agrees that no exploration for,or development of any of the products,as described above,and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits,and 5062125 Pages: 3 of 19 10/29/2025 10:53 AM R Fee:$0.00 ^,,,�-_a8,'S Carly Kopper, Clerk and Recorder, Weld County , CO OJLJ 11111 P•111:1V 11Altri Oakih4ia ni l4Y4 11111 that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder,shall inure to and be binding upon the GRANTOR and its heirs,personal and legal representatives,successors and assigns forever. 10)Acknowledges and agrees that by signing this Agreement,it may be waiving rights,including,but not limited to,the right to contest GRANTEE's taking of possession or title to the property by eminent domain. 11)GRANTOR warrants and represents to GRANTEE that the Property has never been used as a landfill or waste dump;there has been no installation in or production,use,release,disposal,or storage on the Property of any hazardous substances or other toxic substance,and there is no pending or threatened proceeding,inquiry,action, litigation or order by any court,governmental authority or agency with respect to the Property under any Environmental Laws or otherwise. 12)GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR after the date of transfer,that such after acquired title is conveyed to the GRANTEE. NOTE: At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature,title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE,Paragraphs 8 and 9, as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: 1)Will be entitled to specific performance of this agreement upon tender of the agreed consideration; 2)Will be held harmless from any claims against the property or to any interest in the property,except for any benefits due under relocation law; 3)Will make payment after receiving acceptable conveyance instruments from the GRANTOR; 4)Will take possession and use of the parcel(s)when it deposits the consideration,as set forth above,into an escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR.Transfer of title to the parcel(s)shall occur upon performance of any and all terms under this agreement,and release of the payment from escrow to the GRANTOR,unless other arrangements are made that follow Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended;and 5)Will prepare the following documents: © Deed of Dedication 0 Utility Easement ❑ Access Deed 0 Permanent Easement ❑ Full Release(s) Book/Page: p Warranty Deed ❑ Partial Release(s) Book/Page: ® Temporary Easement Order Warrant$10,530.00 Payable to:Rebecca Cutler,Sandra Murphy,and Gary Pound Order Warrant$ Payable to: GRANTOR:REBECCA CUTLER,SANDRA MURPHY,AND GARY POUND By: _ Date: By x Date:,24p/ -"DO By: Date: A1TLS•1yLD COUNTv LE THE BOARD OF COUNTY COMMISSIONERS WELD BOARIJInkrtoi COUNTY,COLORADO LOr BY: al/nynl BY: Deputy lerk to the Board Perry Buck,C ' OCT 1 f APPROVED AS TO FORM: Real Estate Specialistel il, d County Attorney � 1861 Vrz- 5082125 Pages: 4 of 19 WELD/CDOT 4 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO III FidltYTI"a''ilirtri 'r i iAMITPT4P: iiJiii h 11111 2675-2%is -1 that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder,shall inure to and be binding upon the GRANTOR and its heirs,personal and legal representatives,successors and assigns forever. 10)Acknowledges and agrees that by signing this Agreement,it may he waiving rights,including,but not limited to,the right to contest GRANTEE's taking of possession or title to the property by eminent domain. II)GRANTOR warrants and represents to GRANTEE that the Property has never been used as a landfill or waste dump;there has been no installation in or production,use,release,disposal,or storage on the Property of any hazardous substances or other toxic substance,and there is no pending or threatened proceeding,inquiry,action, litigation or order by any court,governmental authority or agency with respect to the Property under any Environmental Laws or otherwise. 12)GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR after the date of transfer,that such after acquired title is conveyed to the GRANTEE. NOTE: At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature,title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE.Paragraphs 8 and 9. as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: I)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 parcels)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 Ill of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.as amended;and 5)Will prepare the following documents: ® Deed of Dedication ❑ Utility Easement ❑ Access Deed ❑ Permanent Easement 0 Full Release(s) Book/Page: 0 Warranty Deed ❑ Partial Release(s) Book/Page: ® ',Temporary Easement Order Warrant$10,530 00 Payable to:Rebecca Cutler,Sandra Murphy,and Gary Pound Order Warrant$ Payable to: GRANTOR:REBECCA CUTLER,SANDRA MU'R/PHY,AND GARY POUND del By: u .h 13r�.w�� -� . _._ Date: BY_ Date: • By _—_.. Date:._. 7,./ ATTES I': WE D COUNTY CLERK TO HIE—TBOARD OF COUNTY COMMISSIONERS WELD -- BOARD p � COUNTY,COLORADO d BY:_ _ &W671) BY: . J Deputy Jerk o the Board Perry Buck,Ch rJ APPROVED AS TO FORM: Real Estate Specialist County.Attorney agtera '._ 1851 =` 5082125 Pages: 5 of 19 10/29/2025 10:53 AM R Fee:$0.00 wtl ujt tnrr Fo Clerk and Recorder, Weld County , CO � • Carly Koppea, �III FIJIZIIIII I G IG�JR IV II�+I�1t1t11610111A 11111 2 026-Z 1 s -Z ADDENDUM: 1)This Agreement and the conveyance of the Property made pursuant to the terms herein,shall be binding upon,all and inure to the benefit of and be enforceable by the parties and their heirs,executors,administrators,successors, and assigns. 2)This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 3)No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act§24- 10-101 et seq.,as applicable now or hereafter amended. 4)This Agreement including the Exhibits attached hereto and incorporated herein,contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation,promise,or consideration different from the terms herein contained shall be binding on either party,or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 5)Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation, execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 6)If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 7)In the event of litigation between the parties in connection with this Agreement,the parties agree that each party shall be responsible for the payment of their respective attorney fees and/or legal costs incurred by or on its own behalf. 8)Any right or obligation in this Agreement that,by its terms,exists or is intended to be performed after termination or Closing will survive Closing of this Agreement and will not be merged into the deed of the Property delivered by GRANTOR or GRANTEE at Closing. 5062125 Pages: 8 of 10 10/29/2025 101aMd Recorder, aOWe d County , CO Carly Koppel' IP411.191, rk a61111 IOC I Ai II Page 3 of 3 WELD/CDOT Form#784-04/2024 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED • Parcel Number:RW-01 STA.105+88.42 RT.to STA 106+59.45 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/4 INT GARY A POUND 1/4 INT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 5062125 Pages: 7 of 19 10/29/2025 10:53 AM R Feaioorder:$O, Weld County CO Clark and Carly Koppee Re 11IIIt��1 41�F4g1f�u011ti'11111111R1148100211Mai5 kit KM • EXHIBIT A PROJECT CODE:24798 PROJECT NUMBER.SHE 3921-020 PARCEL NUMBER:RW-01 DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-01 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 2,330 SQUARE FEET (0.053 ACRES),MORE OR LESS,BEING A PART OFTHE SW1/4 OF SECTION 13,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N23°36'41"E,122.57 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING SIX(6)COURSES; 1. S89°15'05"W,20.56 FEET; 2. SO0°44'55"E,21.57 FEET; 3. S51°15'35"E,77.78 FEET; 4. N88°53'25"E,35.80 FEET; 5. N51°15'35"W,95.28 FEET; 6. N10°23'37"W,10.36 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2,330 SQUARE FEET(0.053 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW1/4 SECTION 13,T6N,R66W OF THE 6TM P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHWEST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 13,BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP • STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING NOO°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 5062125 Pages: 8 of 19 10/29/2025 10:53 aMd :Lor :SO:e d County CO Carly KoPPas ' LEGAL DESCRIPTION PREPARED BY. MATHEW E SELDERS I. �� DREXEL,BARRELL&CO {-:: i " 1376 MINERS DRIVE.SUITE 107 LAFAYETTE,CO 80026 } (303)4'12-4333 13 2. •i 5062/25 Pages: 9 of 109 00 10/29/2025 10:53 AMd Ra Fee:$ Weld County Co Carly Koppes, ClerkIII VII isl l��,hk1t1EI I ILiI�+i� lL'Y'��r iIvh III III COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-0IA STA. 106+37.80 RT.to STA 106+59.45 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/4 INT GARY A POUND I/4 INT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 5062125 Pages: 10 of 19 10/29/2025 10:53 AM R Fee:$0.O9 County Co III Carly Koppel!, Clark and Recorder, EXHIBIT B PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RW-01A DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO RW•01A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 647 SQUARE FEET (0.015 ACRES),MORE OR LESS,BEING A PARE OF THE SW 1/4 OF SECTION 13,T6N,R66W OF THE 6TH P.M , COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 THENCE N14'17'25'"E 115 62 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES, 1 SOO'44'55"E, 21 57 FEET, 2 S89'15 05',Vi 30.00 FEET; 3 N00`44'55"W,21.57 FEET; 4 N89'15'OS'E, 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 647 SQUARE FEET (0 015 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW 1/4 SECTION 13,T6N, R66W OF THE 6r"P M,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175 2014 IN A MONUMENT BOX AT THE SOUTH END, TO THE NORTHWEST CORNER OF THE SW1/4 OF THE SW 1/4 OF SAID SECTION 13, BEING N1ONUMENTED BY A 2 5 INCH ALUMINUM CAP STAMPED LS 28285, 2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING NO0'44'55'W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011, A DISTANCE OF 1317 12 FEET.WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO, 1 . • `1 X LEGAL DESCRIPTION PREPARED BY. MATHEW E.SELDERS 1 DREXEL, BARBELL&CO 1376 MINERS DRIVE,SUITE 107 LAFAYETTE,CO 80026 ' / (303)442-4338 506212'� Pages: 11 of 19 R Fee;SOWe0d CCoouuntty` co ,IIII 10/29/ �3 and Recorder, L 1 L�Trmulc� Carly KcodeopPeS,10 k • COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RWE-01 STA.106+59.45 RT.to STA 117+47.31 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/4 INT GARY A POUNDI/4 INT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 • 125 Pages° R Fes 00 car 1Y KoPPRI 202D Clark and R��` +i EXHIBIT C PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER:RWE-01 DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RWE-01 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 21,757 SQUARE FEET (0.499 ACRES),MORE OR LESS,BEING A PART OF THE SW1/4 OF SECTION 13,TEN,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING ATTHE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N23°36'41"E,122.57 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING EIGHT(8)COURSES; 1. S891.5'05"W,20.56 FEET; 2. N00°44'55"W,1087.81 FEET; 3. N89°06'07"E,17.50 FEET; 4. S03°25'17"E,75.04 FEET; 5. SOO°44'55"E,71.08 FEET; 6. 500°40'18"E,745.00 FEET; 7. SOD°35'58"W,170.05 FEET; 8. S10°23'37"E,27.19 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 21,757 SQUARE FEET(0.499 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW1/4 SECTION 13,TEN,R66W OF THE 6TM P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHWEST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 13,BEING MON UMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 5062125 Pages: 13 of 19 10/20/2025 10:53 AM R Fee:$0.00 Carly Koppel, Clerk end Reoorder, Weld County , CO 111111PORIlViNWtiaAFKIliWJtLtalkii 11111 LEGAL DESCRIP:10N PREPARED BY: MATHEW E SEWERS DRExEL, Br%RRELL&CO 1 i76 MINERS DRIVE SHITE 107 LAFAYETTE CO 80026 1)f (3031442-4338 5062125 Pages: 14 of 19 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 FA«u1.71111hl+a,l1.1Aldlirl alit 11)111/114111111 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number:TE-0l STA. 106+86.14 RT.to STA 117+47.55 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/4 TNT GARY A POUNDI/4 TNT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 5062125 Pages: 15 of 19 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III kKra71311L'��I�'i�Dr+�tiIl MON III EXHIBIT D PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 TEMPORARY EASEMENT NUMBER:TE-01 DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO.TE-01 OF THE DEPARTMENT OF TRANSPORTATION,STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 5,307 SQUARE FEET(0.122 ACRES), MORE OR LESS,BEING A PART OF THE SW1/4 OF SECTION 13,T6N,R66W OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N19°29'11"E,147.45 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TEN(10)COURSES; 1. NOO°35'58"E,170.10 FEET; 2. N00°4O'18"W,745.06 FEET; 3. NOO°44'55"W,71.20 FEET; 4. NO3°25'17"W,75.16 FEET; 5. 586°34'43"W,5.00 FEET; 6. S03°25'17"E,75.04 FEET; 7. SOO°44'55"E,71.08 FEET; 8. SOO°4O'18"E,745.00 FEET; 9. S00°35'58"W,170.05 FEET; 10. S89°24'02"E,5.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 5,307 SQUARE FEET(0,122 ACRES)MORE OR LESS. THE PURPOSE OF THE ABOVE-DESCRIBED TEMPORARY EASEMENT IS FOR ACTIVITIES ASSOCIATED WITH ROADWAY CONSTRUCTION. of 19 10 2912025 10:53�es AM RiFee$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO ��MN:w�aililltilliAldiglAINIP011114, 11111 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW 1/4 SECTION 13. TEN,R66W OF THE 6`"P M,COUNTY OF WELD,STATE OF COLORADO FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38L75. 2014 IN A MONUMENT BOX AT THE SOU IN END, t0 THE NORTHWEST CORNER OF THE SW1/4 OF THE SW 1/4 OF SAID SECTION 13, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285, 2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00'44'S5'W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 198312011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO LEGAL DESCRIPTION PREPARED BY MATHE'WV E-SELDERS , DREXEL,BARRELL&CO 1376 MINERS DRIVE,SUITE 107 LAFAYETTE,CO 80026 C (303)442-4338 'i� ?' Il, 5062125 Pages: 17 of 10 Carly OPP* 1Cl5r3 anld ReooerdasOWald County ,� ,IIII CarIyYlKopp'e's,'I. r` +, I LY+ 11/41 ,III IiT��fT Ii�II Illllki1=I ilhfllll�llr'•I EXHIBIT D PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 TEMPORARY EASEMENT NUMBER:TE-01 DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO.TE-01 OF THE DEPARTMENT OF TRANSPORTATION,STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 5,307 SQUARE FEET(0.122 ACRES), MORE OR LESS,BEING A PART OF THE SW1/4 OF SECTION 13,TEN,R66W OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N19°29'11"E,147.45 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TEN(10)COURSES; 1. N0015'58"E,170.10 FEET; 2, N00°40'18"W,745,06 FEET; 3. NOO°44155"W,71.20 FEET; 4. NO3°25'17"W,75.16 FEET; 5. S86°34'43"W,5.00 FEET; 6. S03°25'17"E,75.04 FEET; 7. SOO°44'S5"E,71.08 FEET; 8. S00°40'18"E,745.00 FEET; 9. 500°35'58"W,170.05 FEET; 10. S89°24'02"E,5.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 5,307 SQUARE FEET(0.122 ACRES)MORE OR LESS. THE PURPOSE OF THE ABOVE-DESCRIBED TEMPORARY EASEMENT IS FOR ACTIVITIES ASSOCIATED WITH ROADWAY CONSTRUCTION. 5082125 Pages: 18 of 19 10/29/2025 10:53 AM R Fee;sOWe d County CO Carly Koppel, Clark and Recorder, III rill'fIIlh'bwtili a��' 1,1101 i41,�M+��N M 111111 BASIS OF BEARINGS.' THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW1/4 SECTION 13,T6N,R66W OF THE 6 P.M,COUNTY OF WELD.STATE OF COLORADO FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38115, 2014 IN A MONUMENT BOX AT THE SOU IH END, TO THE NORTHWEST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 13, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOY Al THE NORTH END,AS BEARING N004465'W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,.A DISTANCE OF 1317 12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO, LEGAL DESCRIPTION PREPARED BY- MATHEW E.SELDERS jj DREXEL,BARRETT.&CO 1376 MINERS DRIVE,SUITE 107 , LAFAYETTE,CO 80026 (303)442-4338 *", 2t• . , . • 5052125 Pages: 19 of 19 carly 'commits, Clerk and %co OMI HI 10/29/2025 10:53 AM R FeW0 w.Vo county cc DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED,made this IS hday of OCc obe V ,20 25 ,between Rebecca Cutler,Sandra Murphy, and Gary Pound(referred to herein as"Grantor",whether one or more),whose legal address is 20965 Dahlstedt Rd,Burlington,WA 98233-8718,and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners(referred to herein as"Grantee"), whose legal address is 1150"0" Street,Greeley,Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,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. EXCEPTING oil, gas,hydrocarbons, and mineral leases, liens, encumbrances,rights-of-way, easements, and utilities thereto existing or of record,and RESERVING unto Grantor the mineral estate under said property,including oil,gas,hydrocarbons and any and all water rights including non-tributary and not non-tributary water currently attached to,upon,under, or associated with said property,except as required to sustain the integrity of the Public Highway. 5082128 Pages: 1 of 8 10/29/2025 10:53 AM R Fee:$0.00 Carly Kopp'', Clerk and Recorder, Weld County , CO III!PERIL E110a'I VANOIMI1hdli:Ullyi 11111 aoa5- ag �� GRANTOR:REBECCA CUTLER BeSi�A Rebecca Cutler STATE OF ;ya,L ) )ss. COUNTY OF W.Ltl ) The foregoing instrument was acknowledged before me this ;kV /day of AV 064— ,2025, By REBECCA CUTLER. AMANDA LYNN HOOPS Witness my hand and official seal. Notary Public State Colorado Notary ID 202424401015435 +� # Notary Public My Commission Expires 04-19-2028 5082128 Pages: 2 of 8 10/20/2025 10:53 AM R Fee:$0.00 Carly Koppel', Clark and Recorder, Weld County , CO 11111 KW N.k 14741 01Y►:1tr'Nlat4 �Y4 11111 GRANTOR: SANDRA MURPHY ByJ OA.Ltic, .Y „n Sandra Murphy STATE OF CC) ) )ss. COUNTY OF'Jw') The foregoing instrument was acknowledged before me this 11171 day of SD-OT ,2025, by SANDRA MURPHY. Witness my hand and official seal. ary Public MOTARY PUBUG STATE OF GOL©�2TUtl NOTAR'��© MY GOMMISIO EXf'l S E�t11912Q26 .S 10/29 2025 10:33 AM ' Ree F :$0.00 ciTly III I /gill.Jll1 4C1 l lii i,14:0FG 111 11111 GRANTOR: GARY POUND. By „AA/ Gary Pound STATE OF Wai►ir`34) )ss. COUNTY OF SIG.e- ) The foregoing instrument was acknowledged before me this 21 day of �Sv 3� ,2025, by GARY POUND. Witness my hand and official seal. MICHAEL BAZAN Notary Public VV Notary Public State of Washington Commission#230212312027 My Comm.Expires Jun 27, 5052126 Pages: 4 of 8 10/20/2025 10:53 AM R Fee:$0.00 Carly Koppes,l �.r�lll'Z�I�c 1111 y�l�4CI�4'kR�fiiOU iyi. II III ACCEPTANCE The County of Weld,by and through its Board of County Commissioners,hereby accepts the above dedication of property as a Public Highway(Public Right-of-Way)pursuant to C.R.S. §43-2-201(1)(a). Dated this (Stillay of n c"p ,V ,2025. ATTEST: , BOARD OF COUNTY COMMISSIONERS Weld ounty C rk to the Board WE OUNTY,COLORADO By:y Deputy Clerk to the Board 40 1111" EL :'r,Boar f County Commissioners *No Deed of Dedication is valid until ept y ,a co;,,t1M,unty Commissioners pursuant to CRS, 43-2-201(1)(a). 1861= (r 02, lk A4 1 5082128 Pages: 5 of 8 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County , CO 1111 I�r.�l11��Z11�LIMl :Aga 14 1)FAIIM'All 111111 2025-nt5 -3 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RWE-01 STA. 106+59.45 RT.to STA 117+47.31 RT.(WCR-35 Align.) FROM • REBECCA L CUTLER SANDRA K MURPHY 1/4 INT GARY A POUND'1/4 INT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 5062126 Pages: 6 of 8 10/20/2025 10:53 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County CO 11��1 EXHIBIT C PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RWE-01 DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RWE-01 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 21,757 SQUARE FEET (0,499 ACRES),MORE OR LESS,BEING A PART OF THE SW1/4 OF SECTION 13,T6N,R66W OF THE 6TH P.M., • COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N23°36'41"E,122.57 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING EIGHT(8)COURSES; • 1. S89°15'05"W,20.56 FEET; 2. NOO'44'55"W,1087.81 FEET; 3, N89°06'07"E,17.50 FEET; 4. S03°25'17"E,75.04 FEET; 5. S00°44'55"E,71.08 FEET; 6. S00°40'18"E,745,00 FEET; 7. SO0°35'58"W,170.05 FEET; 8. S10°23'37"E,27.19 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 21,757 SQUARE FEET(0.499 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW1/4 SECTION 13,T6N,R66W OF THE 6"'P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHWEST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 13,BEING MON UMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 5082128 Pages: 7 of 8 10/29/2025 10:53 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO III 1�.�I�ZIIe le 'J�4 illi� �i�G14ll:11'=6t'rkl14NJ� 11111 LEGAL DESCRIPTION PREPARED BY; , MATHEW E SELDERS DREXEL, BARRELL&CO_ 1.6?;,/,(1,:,,,?:.-k C; 1376 MINERS DRIVE,SUITE 107 LAPAYETTE,CO 80026 ` 4' (303)442-4338 ` * 2-i , 5062126 Pages: 8 of 8 10/20/2025 10:53 AM R Fes:$0.00 Carly Koppel', Clerk and Recorder, Weld County , CO 11111 KrellrUe 014411'I1419Iii141E> 14'MUl'Alli III III � WARRANTY DEED THIS DEED is dated epAtrY1betet4Z nd is made between REBECCA CUTLER,SANDRA MURPI IY,AND GARY POUND(whether one.or more than one),the"Grantor",whose address is 20965 Dahlstedt Rd, Burlington WA of the County of Skagit and State of Washington,and DEPARTMENT OF TRANSPORTATION, STATE OF COI,ORADO(whether one, or more than one). the"Grantee,' whose legal address is 2829 West Howard Place,Denver.CO 80204 of the City and County of Denver and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS, ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains. sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever,all the real property,together with any improvements thereon,located in the County of Weld and State of Colorado,described as follows: Project Number 24798 Project Code.SHE 3921-020 See attached Exhibit"A"dated February 13'1',2024 for Parcel Number RW-01 See attached Exhibit"B"dated February 13`^,2024 for Parcel Number RW-01 A also known by street address as:33470 CR 35,Greeley,CO 80631 and assessor's schedule or parcel number 805130001)28 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining. the reversions,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 hereditanrents and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever The Grantor,for the Grantor and the Grantor's heirs and assigns:does covenant.grant,bargain,and agree to and with the Grantee,and the Grantee's heirs and assigns.that at the time of the ensealing and delivery of these presents,the Grantor is well seized of the premises above described;has good,sure,perfect,absolute and indefeasible estate of inheritance, in law and 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 and subject to: ❑none;or®the following matters: 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 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. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley.if any,in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee,against all and every person or persons claiming the whole or any part thereof. IN Wil NESS WHEREOF.the Grantor has executed this deed on the date set forth above 5062127 Pages: 1 of 9 10/29/2025 10:53 AM R Fee:$0.00 D Fee:$0.00 iii �IKoppes,pCllerk�,and ReLcor`deerl, WWeld Coou'nty*, COUW��RY's+��'i1i1�'S,10tl'�'hli�f WI MOM��i�li�iY�t ,�III 90a5-ag 15 STATE OF (;)16-1-a ) )SS. County of__LA` A._._. ) Yh The foregoing instrument was acknowledged before me this "IV day of y'Us+.20___ • __ by REBECCA CUTLER. Witness my hand and official sea4 y My commission expires 0 IV 7D2.-9 Notary Public AMANDA LYNN HOOPS Notary Public State of Colorado Notary ID#20244015435 My Commission Expires 04-19-2028 5082127 Pages: 2 of 9 10/29/2025 10:53 AM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 11111 �QYZN�I�I t'Ir III tr.:.iyuy. k'tk� et,he (t*»g.z.nw STA IF OF County of_Dr ,hut' The foregoing instrument was acknowledged before me thisL day of Seal" ,20 ems". by SANDRA MURPHY Witness my hand and official sea) My commission expires. 6 1 IQJ'Z an Public JACOIrELLIS UNDSEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224002700 MY COMMISSION EXPIRES 01/1012026 5062127 Pages: 3 of 9 10/29/2025 10:53 AM R Fee:$0.00 D Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County , CO 16 / iI II ____---, Giry PO D I STATE OF V.1oz1^'"5k1'-v �+ }ss. County of J�"" r* The foregoing instrument was acknowledged before me this 17) day of JS'*vw�� ,2025 , by GARY POUND. Witness my hand and offici 1 sear iscei ,l My commission expires: t Notary Public Mathew Selders, 1376 Miners Dr,Ste 107,Lafayette,CO 80026 PLS:27275 Name and Address of Person Creating Newly Created Legal Description( 38-35-I06.5,C.R.S) MICHAEL BAZAN Notary Public State of Washington Commission t 23021231 My Comm.Expires Jun 27,2027 5O62127 Pages: 4 of 9 10/20/2025 10:53 AM R Fee:$0.00 D Fee:$0,00 Carly Koppee, Clerk and Recorder, Weld County , CO 11111 I,rdlll R itliWIC1110,141 1h w r1.411111 NC 111111 Ike.YSdA. R::..tit U'/. 1•l AA HAN1 Y ULUU If'.,e 161 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-01 STA.105+88.42 RT.to STA 106+59.45 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/41NT GARY A POUND1/4INT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 5062127 Pages: 5 of 9 10/20/2025 10:53 AM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County CO Riii i ,i�/�11:K l it rc i i i milli EXHIBIT A PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER:RW-01 DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-01 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020,CONTAINING 2,330 SQUARE FEET (0.053 ACRES),MORE OR LESS,BEING A PART OF THE SW1/4 OF SECTION 13,T6N,R66W OFTHE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N23°36'41"E,122.57 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING SIX(6)COURSES; 1. S89°15'05"W,20.56 FEET; 2. S00°44'55"E,21.57 FEET; 3. S51°15'35"E,77.78 FEET; 4. N88°53'25"E,35.80 FEET; 5. N51°15'35"W,95.28 FEET; 6. N10°23'37"W,10.36 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2,330 SQUARE FEET(0.053 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW1/4 SECTION 13,T6N,R66W OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHWEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHWEST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 13,BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'S5"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 5062127 Pages: 6 of 9 10/29/2025 10:53 All R Fee:$0.00 D Fee:$0.00 Carly Koppea, Clerk and Reoorder, Weld County , CO III 11P AVZN+V'A Ighk1A M 1w1 Y 1krrL'i h 111111 LEGAL DESCRIPTION PREPARED BY 1? iYf� M ATHEW E SELDERS , a.' DREXEL BARREL&CO } r 1376 MINERS DRIVE SUITE 10/ LAFiAYETTE,CO 80026 (303)442-4338 2-i3 G'r- 5092127 Pages: 7 of 9 10/29/2025 10:53 AM R Fee:$0.00 D Fee:$0.00 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-01A STA. 106+37.80 RT.to STA 106+59.45 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/41NT GARY A POUNDI/41NT 2106 APRICOT AVE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 • 5052127 Pages: 8 of !a 10/29/2025 10:53 AM R Fee:SOW�ld�oun y�0000 Car1Y Koppas, C1®rk and Recorder, III l��.��fZM ht�:l 'Fi)� �M LOVII Jbh��+�Y h III III EXHIBIT B PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 - PARCEL NUMBER:RW-01A DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL QF LAND NO. RW-01A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO PROTECT CODE 24798, PROJECT NUMBER SHE 3921-070, CONTAINING 647 SQUARE FEET {0.015 ACRES),MORE OR LESS,BEING A PART OF THE SW1/4 OF SECTION 13. ION,R66W OF THE 6TH P M COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OE SAID SECTION 11 THENCE N 14'17'25'E. 115 6?FEET TO THE POINT OF BEGINNING; THENCE THE"FOLLOWING FOUR(4)COURSES; 1 SOO'44'55'E, 21.57 FEET, 2 S8915'05'"4`i 30 00 FEET; 3 N00'44'55 W,21 57 FEET; 4 N89'15'05"E, 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 647 SQUARE FEET(O,U15 ACRES)MORE OR LESS BASIS OF BEARINGS.THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE WEST LINE OF THE SW1/4 OF THE SW1/4 SECTION 13. T611,R66W OF THE 6' P.M.,COUNTY OF WELCH,STATE OF COLORADO. FROM THE SOUTH',NEST CORNER OF SAID SECTION 13 BEING MONUMENTED BY A 2 5-INCH ALUMINUM CAP STAMPED LS 38175. 2014 IN A MONUMENT BOX AT THE SOUTH END TO THE NORTHWEST CORNER Of THE SW1/4 OF THE SW 1R OF SAID SECTION 13, BEING MONUMENTED BY A 2 5 INCH ALUMINUM CAP STAMPED LS 28285. 2016 IN A MONUMENT BOX AT THE NORTH END, AS BEARING NO0'44 55'W, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM NORTH ZONE, NORTH AMERICAN DATUM 198312011.. A DISTANCE OF 1317 12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. r LEGAL DESCRIPTION PREPARED BY- MATHEW E SEWERS DREXEL. BARRELL&CO 1316 MINERS DRIVE SUITE 107 LAFAYETTE,CO 80026 303;442-4338 5082127 Pages: 9 of 9 10/29/2025 10:53 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III kir1 17N411110,V+ i IiEF' ��'��4'1Ptfi«r�if4�h �I II GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement(TCE), executed this LI+ ay of 5 ,e}, 20 2S is made between Rebecca Cutler, Sandra Murphy, and Gary Pound, (referred to`tlerein as "Owner",whether one or more),whose legal address is 20965 Dahlstedt Rd,Burlington,WA 98233- 8718 and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners(referred to herein as "County"),whose legal address is 1150"O" Street,Greeley,Colorado 80631: WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement,covering that real property lying and being in the County of Weld,State of Colorado,to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete,whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents,employees, designees, contractors,guests,invitees,successors and assigns,and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County,its agents,employees, contractors,guests,invitees,and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the road Right-of-Way shall remain open throughout the term of the TCE. ao�5- a�s15 OWNER:REBECCA CUTLER,SANDRA MURPHY,AND GARY POUND. B ��- t„_ Rebecca Cutler By Sandra Murphy By Gary Pound STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this .% day of 4tAjiA51c2025, by Rebecca Cutler, , Witness my hand and official/10-0i10 Notary Public AMANDA LYNN HOOPS Notary Public State of Colorado Notary ID#20244015436 My Commission Expires 04-19-2028 OWNER:REBECCA CUTLER,SANDRA MURPHY,AND GARY POUND. By�.,... Rebecca Cutler By Sandra Murphy By AMA)61"..."1 Gary Pound STATE OF COLORA O ) Ski gti'� )ss. COUNTY OF W_bB ) The foregoing instrument was acknowledged before me this 2,1 day of 'SvY , 2025, by Gtttier,SaittrialayrAnd Gary Pound. Witness my hand and official seal. 8 Tr—_._J ( MICHAELtaryPublicBAZA V Notary State of Washington Notary Public 1 Commission#23021231 My Cornm. Expires Jun 27, 2027 OWNER: REBECCA CUTLER,SANDRA MURPHY,AND GARY POUND. By Rebecca Cutler BY2C/14 it&la,i f1116 Sandra Murphy By Gary Pound STATE OF COLORADO ) "Urirtn_lue- )ss. COUNTY OF H ) The foregoing instrument was acknowledged before me this711 day of SSG' 2025, by Rebeeea-Cjttler,Sandra Murphy,And Gary Pound. Witness my hand and official seal. otary Pu is T_-_ -JACOB ELLS LLINDSEY� NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224002700 Y 09MM1 NJEXPIRES 01/19/2026 (Version 2024-01-30) COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number:TE-01 STA. 106+85.14 RT,to STA 117+47.55 RT.(WCR-35 Align.) FROM REBECCA L CUTLER SANDRA K MURPHY 1/4 INT GARY A POUNDI/4 INT 2106 APRICOT A'VE GREELEY,CO 80631-6086 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 Contract Form Entity Information Entity Name* Entity ID* Q New Entity? CUTLER, REBECCA @00050343 Contract Name* Contract ID Parent Contract ID MEMORANDUM OF AGREEMENT TO PURCHASE ROW 9964 FROM REBECCA CUTLER, SANDRA K. MURPHY, AND * Requires Board Approval GARY POUND FOR THE HWY 392 @ WCR 35 Contract Lead INTERSECTION IMPROVEMENT PROJECT CPARROTT YES Contract Lead Email Department Project# Contract Status GR-64 CTB REVIEW cparrott@weld.gov Contract Description* AGREEMENT TO PURCHASE ROW FROM REBECCA CUTLER, SANDRA K. MURPHY, AND GARY POUND FOR THE HIGHWAY 392 @ WCR 35 INTERSECTION IMPROVEMENT PROJECT. THE PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF HWY 392 AND WCR 35. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 10/09/2025 10/13/2025 Amount* Department Email $10,530.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included? Automatic Renewal DeptHead@weld.gov NO NO County Attorney Grant GENERAL COUNTY NO ATTORNEY EMAIL IGA County Attorney Email NO CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 11 /30/2026 Termination Notice Period Committed Delivery Date Expiration Date* 12/31 /2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/09/2025 10/10/2025 10/10/2025 Final Approval BOCC Approved Tyler Ref# AG 101525 BOCC Signed Date Originator CPARROTT BOCC Agenda Date 10/15/2025 Hello