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Home My WebLink About20252350 Corrected Resolution (Corrected as to the Chair's authority to sign all necessary documents to effectuate closing, including,but not limited to,signing the acceptance of the deed of dedication.) Approve Memorandum of Agreement for Purchase of Property Interest for Acquisition of Right-of-Way and Easements for Design-Build Project of High Plains Boulevard(aka County Road 9.5)Between County Roads 32 and 34,and Authorize Chair to Sign All Necessary Documents—Mark and Linda Getman 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 Property Interest for Acquisition of Right-of-Way and Easements for the Design-Build Project of High Plains Boulevard (also known as County Road 9.5), between County Roads 32 and 34,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 Mark and Linda Getman,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 Property Interest for Acquisition of Right-of-Way and Easements for the Design-Build Project of High Plains Boulevard(also known as County Road 9.5),between County Roads 32 and 34,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 Mark and Linda Getman,be,and hereby is,approved. Be it further resolved by the Board that the Chair be,and hereby is,authorized to sign said agreement and all necessary documents to effectuate closing, including,but not limited to,signing the acceptance of the deed of dedication. Pages: 1 of 12 09/22/2025 O .00 cc..pW(CH/DN/►s1-11cr SC3) 2025-2350 Carly Koppes,Cr n Clerk and Recorder,Weld County,CO .9/23/-5 EG0083 Corrected Resolution-Memorandum of Agreement for Purchase of Property Interest for Acquisition of Right-of-Way and Easements for Design-Build Project of High Plains Boulevard (aka County Road 9.5) Between County Roads 32 and 34 - Mark and Linda Getman 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 September,A.D.,2025,nunc pro tunc the 18th day of August,A.D.,2025: Perry L.Buck,Chair:Aye ,�•*+-.,, Scott K.James,Pro-Tem:Aye 4 1 /i,i! Jason S.Maxey:Excused ♦ 1 Lynette Peppler:Aye Kevin D.Ross:Excused , Approved as to Form: %CVO\�� Bruce Barker,County Attorney Attest: Esther E.Gesick,Clerk to the Board 5054475 Pages: 2 of 12 2025-2350 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO EG0083 1111 rAYnu lih'h'iihn�' h l ':��i I��rlii h 11111 CONTRACT ID#9835 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE:High Plains Blvd.Between WCR 32&34—Mark&Linda Getman Accepted Offer DEPARTMENT:Public Works DATE:7/30/25 PERSON REQUESTING: Cameron Parrott Brief description of the problem/issue: We have recently received an accepted offer for the acquisition of property needed to build the High Plains Blvd.Design- Build Project from CR 32 to CR 34.The property owners,Mark and Linda Getman,have signed and returned their Memorandum of Agreement(MOA).The approved offer can be broken down as follows: o County Size of Offered Value 30/o Appraisal County Offer Landowner ROW/Easements of Land Incentive on Value of Total (Acres) Land Values Damages Mark and Linda 1.766/2.109 $90,600 $27,200 $0 $117,800 Getman What options exist for the Board? • Approve the MOA for the purchase of this ROW and allow it to be placed on the next available BOCC agenda for approval and signature • Deny approval of this MOA Consequences:Denial of approval of this MOA could delay the construction of the project. Impacts:The ROW acquisition phase of this project is controlling the entire project schedule and the ability to meet completion goals. Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):$117,800.00 Recommendation:Staff recommends approving this MOA to acquire 1.766 acres of land and 2.109 acres of easement from Mark and Linda Getman in the amount of$117,800.00. Support Recommendation Schedule Place on:OCC Agenda Work Session Other/Comments: Perry L.Buck .' Scott K.James Via e+tGtLL Jason S., _.,)Maxey (04 Lynette Peppler Kevin D.Ross (i' 2025-2350 $�$ ECIOnS Karla Ford From: Scott James Sent: Wednesday, August 13, 2025 10:50 AM To: Karla Ford Subject: Re: Please Reply - Passaround - High Plains Blvd. Accepted ROW Offer - Getman I approve—thanks! \Ma cOUNTY,co Scott K.James Weld County Commissioner Office: 970-400-4200/Cell : 970-381-7496 P.O. Box 758, 1150 0 St., Greeley, CO 80632 00000 Join Our Team IMPORTANT: 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: Karla Ford <kford@weld.gov> Date: Wednesday, August 13, 2025 at 10:48 AM To: Scott James <sjames@weld.gov> Subject: Please Reply- Passaround - High Plains Blvd. Accepted ROW Offer- Getman COUNTY,CO Karla Ford Office Manager& Executive Assistant Board of Weld County Commissioners Desk: 970-400-4200/970-400-4228 P.O. Box 758, 1150 0 St., Greeley, CO 80632 0 © NCO Project Code: Parcel No:RW-05,PE-5,TCE-5 and MEMORANDUM OF TCE-5A AGREEMENT TO PURCHASE Project No: PROPERTY INTEREST Location:4529 CR 32 County:Weld State Highway No: This Memorandum of Agreement("Agreement")made on cit,tqu 1i 7. is between Weld County (GRANTEE)for the purchase of the parcel(s)listed above from t1� Owner(s) Mark Getman and Linda Getman (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(RW-05) Sq.ft❑/acres®1.766 $68,900 Permanent and Slope Easements(PE-05) Sq.ft❑/acres®0.86 $16,800 Temporary Easements(TE-5) Sq.ft❑/acres®0.131 $510 Temporary Easements(TE-5A) Sq.ft❑/acres®1.118 $4,360 Improvements: $0 Damages: $0 Gross Total: $90,600 rounded Additional consideration for incentive payment to Grantor if Agreement signed by Grantor on or before duly-3 August 8,2025,per the terms stated below in"Other $27,200 conditions." Net Total: $117,800 Other conditions: See attached Addendum. Grantor(OWNER)is hereby advised Grantee(the COUNTY),its employees,contractors or representatives,is seeking to accelerate the Weld County High Plains Boulevard 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$27,200.00 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 duly-3 August 8,2025. 2.If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business duly-3 August 8,2025 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the incentive payment of$27,200.00.Further,OWNER understands that if the COUNTY or its representatives has not received a fully executed MOA by close of business July-3 August 8,2025,the COUNTY's position at any further proceedings regarding"Just Compensation"will be in the mount of$90,600.00(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 born 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 5048082 Pages: 3 of 12 5054475 Pages: 3 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO Carly Koppes,Clerk and Recorder,Weld County,CO 11111�U��'Y��r'f iAlriii: lift a illki l 'ilki 11111 III 14urjEYhviar ot kmulpau��' li �I II } 1 1' 9)The GRANTOR further covenants and agrees that no exploration for,or development of any of the products,as described above,and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits,and that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises.These covenants and agreements hereunder,shall inure to and be binding upon the GRANTOR and its hobs,personal 1 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. i NOTE:At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by GRANTOR to the GRANTEE.GRAN"I'EE 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 = N N the Memorandum of Agreement and the conveyance document. ��M'Ao N I �l The GRANTEE: _Am N in i 1)Will be entitled to specific performance of this agreement upon tender of the agreed consideration; e H tii� 2)Will be held harmless from any claims against the property or to any interest in the property,except for any o! benefits due under relocation law; m N 3)Will make payment after receiving acceptable conveyance instruments from the GRANTOR; N;to 4)Will take possession and use of the parcel(s)when it deposits the consideration,as set forth above,into an v/v escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR Transfer W°-a y of title to the parcel(s)shall occur upon performance of any and all terms under this agreement,and release of o 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 r a:-on 5)Will prepare the following documents: ,5.'ici.. T� �mm N .. �iim ®Deed of Dedication ❑ Utility Easement o ❑Access Deed ® Permanent EasementZ.- ❑Full Release(s) Book/Page: ❑ Slope Easement '- ❑Partial Release(s)Book/Page: ® Temporary Easement t 8 Order Warrant$ Payable to: ,` 1♦ i , Order Warrant$ Payable to:Mark Getman and Linda Getman GRANTO: G TMAN AND LINDA GETMAN I, .4,-,,,-._X, ATTEST: CrO TY a M BOARD OF COUNTY COMISSIO RS WELD BOARD /i�=�Afi�1/.• '� •,e/C. COUNTY,COLORADO j theil....„,,,,,..);,,;,....:T;,,,1 ' AP BY: l/ BY i'//� f�JDepuOVAI lerk to the Board PenL.Buck,/hair All I ` el,,, \� APPROVED AS TO FORM: ...a.. re County Attorney: '10444 5048082 Pages: 4 of 12 08/19/2025 09:23 AM R Fee L:$0.00co WELD/CDO[Form 4784 04/2024 Car 1 III��v:OPpes Clerk and If'1I4110111 1114WliliA,IIII 2 oZ5-2 350 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. 9)Access to the property east of the new roadway will be constructed by the GRANTEE per the project design plans at no cost to the GRANTOR.The access shall be constructed as a gravel surface like the existing access roadway. 10)Access to the property west of the new roadway will be constructed by the GRANTEE per the project design N t plans at no cost to the GRANTOR.This access will consist of installing pipe to cross an existing concrete irrigation , ditch and building the new access over this ditch with a gravel surface like the existing access roadway. !$ cn t 1)The right-of-way where the new accesses are to be placed on either side of the new roadway will be vacated by the GRANTEE back to the original owner(Martha Fischer)while exempting out all necessary easements including NE_ss permanent access for the GRANTOR.This process shall be completed with the creation of a vacation plat prepared m N j by a registered professional land surveyor.Grantor will be given the proposed vacation plat prior to action by the vao County to vacate,and given an opportunity to participate in the process with respect to preserving the rights of g all Grantor's land to the permanent access easements,including any provisions related to use by others and maintenance of the accesses. 12)The property on either side of the new roadway will be fenced by the GRANTEE at no cost to the GRANTOR.The new fences will be placed just outside the right-of-way and will become property of the i-.~.,m.+ GRANTOR. Z m tv 13)Per County policy,the GRANTOR's property on either side of the new roadway shall be considered legal lots r with the lot lines being described to the center of the ultimate new roadway.These lots will receive legal lot numbers from the GRANTEE with the recording of quit claim deeds from the GRANTOR to the GRANTOR.These deeds shall be completed as part of the closing documents for this transaction. 8 0 5048082 Pages: 5 of 12 08/19/2025 09:23 AM R Fee:$0.00 Carly Koppel,Clerk and Recorder,Weld County,CO 11111 Icinair3P:iitthil■iJ 11 141 1.1tiAl vi 11111 WELD/CDOT Form#784-04/2024 ILLUSTRATION TO EXHIBIT A SEE PAGE 3 SW 14 / SE 1 GENERAL /4 WARRANTY DEED �:�0\ SEC. 14 PARCEL 2 140' c 83. SEC. 14 T3N, R68W, REC Na 3969398 �", 66 s T3N, R68W, 6TH P.M. a�r'r; o'P�,1 6TH P.M. LOT c,Li0 �•p rn '� S89'39 39 W RECORDED `� w UNPLA TTED 30.62' EXEMPTION NO. 3 m 1207-/ 1R91: o: GEN .i°14 S89'39'39"W REC.NO.3454401 O V N: ft:. 'o W lRl 56�•26�y/0 10/ PONT OF Z m / _BEGIG LOT B LOT A / RECORDED RECORDED EXEMPT/ON NO. LOT B EXEMPT/ON NO. /i '''''''''"'' f207-f4-4 RE1f08 1207-14-4 RE1108/ REC.NO.2159485 REC.NO.2159485 1�/Off` N 1 / I / (VARIABLE WIDTH PUBLIC ROW) +30'SLY LINE SE 1/4 SEC. 14 HELD COUNTY ROAD 32 30'1 N8949'16"E 2646.23' iii,( ._ I POINT OF COMMENCEMENT/ NW 1/4 I 1,4 I 51/4 SECniv 14 T3N,R606 61116W NE 1/4 SEC. 23 I oI. DEED OFOEOIcAnON SEC. 23 T3N, R68W, I v REC.NA 2856038 T3N, R68W, 6TH P.M. II O I 6TH P.M. II a4 1 0' So' 100' 2 j 0' SCALE:1'=WO' NOTE:THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL RW-5 dAzTEcp.F.25,;i:101,7.AseSuite1 SE 1/4 SECTION 14,T3N,R68W,6TH P.M. o BOi22WELD COUNTY.COLORADO 898JOJ).2".27 PATH:O:\191824-8-HGA PLANS BA YAPP \DWGSUBOTS\HIGH PLANS BM ROW ACWMMON PARCELARW-S.DRG CONSULTANTS.INC. wxw.aztecconsultamuom JOB NUMBER:197624-01 DAiE11-07-2024 DWG: RD$ CHK: DED 2 of 3 PAG6 5048082 Pages: 6 of 12 5054475 Pages: 6 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:0.00 Carly Koppel,Clerk and Recorder,Weld County,CO Carly Koppel,Clerk and Recorder,,Weld County CO 11111 kicA �'iliu lililhtk1R1 INI I711 1141I III III I��LY�w�IP�I�G�G1Ifi�'I" i jri4�t I;�iIitlili�k 11111 ILLUSTRATION TO EXHIBIT A cep WZ O (it h WW �S J m oL,T),� Z\v SW 1/4 SEC. 14 SE 1/4 SEC. 14 T3N, R68W, 6TH P.M. T3N, R68W, 6TH P.M. 4 "/ M o �� UNPLA TTED rn ,P ? p 4 O GENERAL WARRANTY �► O, DEED PARCEL 2 UNPLATTED �s�6`s REC N0.3969398 •140' PARCEL CONTAINS 76,947 SQ. FT., OR 1.766 ACRES, �� MORE OR LESS SEE PAGE 2 N0., 50' 100' 200' SCALE:r='Too' NOTE:THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL RW-5 AAZ SE 1/4 SECTION 14,T3N,R68W,6TH P.M. >t01u WELD COUNTY,COLORADO 8 wa(303);a1M97 PATH:a\:12 1"-2:11 PLAINS"MAPP&40�D1YC\ElQ"TS:'PLIED "r AODIJI9IION PARCELSF\RW-S.DWG CONSULTANTS,INC. .azlecronsmtann.com JU9 NUMBER:191624-07 DA1E:11-07-2024 Dwc: ROS CHK: DED 3 of 3 PAGES 5048082 Pages: 7 of 12 5054475 Pages: 7 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO Carly Koppes,Clerk and RecorTPkI r,Weld Count CO 1111 1FAI'llki r,VACK 111.0IhM aifLUKWiYhhk 11111 1111 IIkW i 11111 ILLUSTRATION TO EXHIBIT A SEE PAGE 4 GENERAL SW 1/4 WARRANTY C4 SE 1/4 SEC. 14 DEED C1 40' SEC. 14 PARCEL 2 L , EC NO. POINT OF T3N, R68W, . 6TH P.M. C2 ao' BECNNING ocp Q,h Na 429i n,401 in m PARCEL 1 c)„1 `l/ POINT OF O U Q REC NO.3969398 W v,) ,C0'/ BEPARCEL 2 M,NINC m g319` _ L2 / N89'39'39"E 5.69'(TIE) -5691,1\'*`Rl —58939'39"W 30.62'(TIE) LOT A / LOT B LOT B RECORDED RECORDED EXEMPTION NO. / EXEMPT/ON NO. 4t ,,''''''''''' 1207-14-4 RE1109/ 1207-14-4-RE1109 NEC.NO.2159485 REC.Na 2159485 R 1 ' �0 ''/ SEE PAGE 4 FOR LINE ��y$' AND CURVE TABLES N I POC-POINT OF I / COMMENCEMENT / / 30'S'L Y LINE SE 1/4 SEC. 14 (VARIABLE WIDTH PUBLIC ROW) �PELD COUNTY ROAD 32 30'1 N89 49'16"E 2646.23' -h— POINT OF COMMENCEMENT/ NW 1 4 Z i S 1/4 SECTION 14,T3N,R68W.6TH P.M. NE 1/4 SEC. 23 v�C)I DEED OF DED0CA1ON SEC. 23 T3N, R68W, REC.NO.28560.38 T3N, R68W, qq 6TH P.M. a p 6TH P.M. / I I � 0' 50' 100' 200' SCALE:1'a 100' NOTE:THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL PE-5 )oli East thin''Are.Sotre t SE 1/4 SECTION 14,T3N,R68W,6TH P.M. L Z I G ittleton,Cobrodo mot:: WELD COUNTY,COLORADO Phone:t301)713.1898 ra',($pti2E PATH:N\191624-OI-if PLA.BAN YAPP0G18WC EIW®ITSNIICH PLAWS 0.10 ROW RCQU9110N PMCELS\PE-S.O11G CONSULTANTS,INC. waw.ozleceonsoitintn.rom Jos NUMBER:19184-01 DATE:ii-072024 Dwc: Rp$ CHK: DED 3 of 4 PAGES 5048082 Pages: 8 of 12 5054475 Pages: 8 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO Carly Koppes,Clerk and Recorder,Weld County CO �111 NUS.ri' '��'�Jhii�M��I tFI,�dR 'I i4F�:�'i �1 11 1111 INIIMakillig anIii/N11F111M I ti h 11111 ILLUSTRATION TO EXHIBIT A cs 0 L9 z ON .1) W W. 1i 50' 100' 200' ~V) SCALE:I.-100' v¢ z�m N L3 PARCEL 2 PARCEL CONTAINS / W 20,412 SQ.FT., i v OR 0.469 ACRES, MORE OR LESS SW 1/4 SEC. 14 SE 1/4 SEC. 14 T3N, R68W, 6TH P.M. D T3N, R68W, 6TH P.M. UNPLA TTED o C4 Z UNPLA TTED GENERAL C3 WARRANTY DEED PARCEL 2 L1 ''j REC NO.3969398 PARCEL I PARCEL CONTAINS C1 140' 17,053 SQ. FT., OR 0.391 ACRES, 40' MORE OR LESS C2 SEE PAGE 3 LINE TABLE CURVE TABLE LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH L1 SO0'03'17"E 59.96' C1 22'22'31" 1163.00' 454.18' L2 N64'21'47"E 40.16' C2 20'18'52" 1123.00' 398.16' L3 N00'03'17"W 39.30' C3 28'46'46" 1303.00' 654.49' L4 S89'39'39"W 31.91' C4 30'21'19" 1333.00' 706.23' NOTE THIS ILLUSTRATOR DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL PE-5 e.Sulle 1 SE 1/4 SECTION 14,T3N,R68W,6TH P.M. AAZTEc,Eiazip., SDI:: WELD COUNTY,COLORADO 5u:IJo317111597 PAIN:94191824-8-804 8.048 8142 YAPPI_or2r2000iS�IHGN PLANS BIRD R.RCQN9S N PARDLSTPE-5AMB CONSULTANTS.INC. www.aztecmneullanmcam Joe NUMBER:191624-01 A1E:11-07-2024 Dwc: RDS cNK:_DED 4 of 4 PAGEs 5048082 Pages: 9 of 12 5054475 Pages: 9 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO Carly Koppes,Clerk and Recorder,Weld County,CO Y IGhahRtliO INCI MIR 1I 111 11111 IVAPiiirii,14070110Iiii Mika QM 11111 ILLUSTRATION TO EXHIBIT A SW 1/4 SEC. 14 GENERAL SE 1/4 SEC. 14 T3N, R68W, 6TH P.M. WARRANTY DEED T3N, R68W, 6TH P.M. PARCEL 2 REC NO.3969398 PARCEL CONTAINS S67'3544''W(R)—'>. d, 5,726 SQ.FT.. OR 0.131 ACRES. \ LOT A '3z MORE OR LESS tp�u z n o /� / N89'39'39"E 37.60(PE) N RECORDED h Z w UNPLA TTED WW2 Y CORNER LOT 8 ni EXEMPTION NO. 3 i.m 1207-14-3 RE-4281 L'- ' L2 �O GENERAL �REC.ND.3454401 p,,Z WARRANTY DEED POINT OF p W— PARCEL 1 DINING O V Q REC NO.3969398 2\m / S69'S9'14'W(R) / Zv LOTS LOT A / RECORDED RECORDED EXEMPT/ON NO. L 0 T B EXEMPT/ON NO. / 1207 14-4 REfi09 1207-14-4-RE1109/ REC.NO.2159485 REC.NO.2159485 o°` h��b SEE PAGE 3 FOR LINE �'� N I / AND CURVE TABLES / 1— —�-y—, (VARIABLE WIDTH PUBLIC ROW) +30 SLY LINE SE 1/4 SEC. 14 WELD COUNTY ROAD 32 30't N89 49'16"E 2646.23' E+ POINT OF CONNAENCEMENT NW 1/4 nI S1/4SECAON14,TIN,NSW,6TH PM NE 1/4 SEC. 23 vac DEED OE0E01CAR°N SEC. 23 T3N, R68W, AA REC.NO 285603E T3N, R68W, 6TH P.M. 5 p I 6TH P.M. II /4 0' 50' 100' 2�' I � SCALE:Y=100' NOTE THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL TCE-5 AAZT E C i.ENtiCiid,ivlos,Ts,T 1 SE 1/4 SECTION 14,T3N,R68W,6TH P.M. 122WELD COUNTY.COLORADO w( 71}I897 PA.{,g\191621; -F9GH PUNS BLVD MAPPIIG\DWC\E>W6fTSV+JGH PLAINS MO ROW ACW�7bN PARCELS\7GE-5.DWG CONSULTANTS,INC. wawartecrnmutranf4.com JOB NUMBER:191624-07 ArE:0127-2025 Dwc RDS CHK: DED 2 of 3 PAGM 5048082 Pages: 10 of 12 5054475 Pages: 10 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder, Carly Koppes,Clerk and Recorder,Weld County,CO )Weld County,CO III KIWIilitM I�N�CR57I•iIkIi4)l1firkit L�V I iI III 1111 KAMlirh Iv�I�GVI��INNII�wVIMCP Milk 11111 ILLUSTRATION TO EXHIBIT A LINE TABLE LINE BEARING LENGTH L1 N67'35'44"E 80.00' L2 S89'39'39"W 84.65' CURVE TABLE CURVE DELTA RADIUS LENGTH C1 2'23'30" 1333.00' 55.64' C2 3'32'51" 1413.00' 87.48' NOTE:THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL TCE-6 AAZT' 300 Past Alineral Are,uite SE 1/4 SECTION 14,T3N,R68W,6TH P.M. 1 Littlemn,Colorado aol:: WELD COUNTY,COLORADO Phone:(JO3)71J-1898 Pax:(J0323.297 PATH:CA19192;(4-HRW PLAINS BM MAPpING�DWG�E)91BI75\F IGH PLARIS RLVD RGW ACGWSTION PARCEIS\10E-S.DWG CONSULTANTS,INC. sysssr.azteceoanoltantscom JOB NUMBER:191624-01 DATE:O127-2025 DWG RDS CHK:_ DED 3 OF 3 PAOES 5048082 Pages: 11 of 12 5054475 Pages: 11 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO Carly Koppes,Clerk and Recorder,Weld County,CO �iii #1114� rig MEW 11 III 1111 PIPAIwCIIIA 1+ TEAT`Ii\LNiIIIM ARA.W4111111 ILLUSTRATION TO EXHIBIT A (BASIS OF BEARINGS) NOO 03'17"W 5296.07' UNPLA TTED ,.,/ N/S CENTERLINE SEC. 14 GENERAL WARRANTY DEED UNPLA TTED REC NO.3969398 / 54914'02"W(R) / GENERAL WARRANTY DEED SE 1/4 SEC. 14 PARCEL 2 REC NO.3969398 T3N, R68W, 6TH P.M. SW 1/4 SEC. 14 \� T3N, R68W, 6TH P.M. c%.,o 6a,_�0- PARCEL CONTAINS 48,697 SQ. FT., LOT A OR 1.118 ACRES, MORE OR LESS i, RECORDED -,in- EXEMPTION NO. P 1207-14-3 RE-4291 O GENERAL REC.NO.3454401 Z WARRANTY DEED PARCEL 1 REC NO.3969398 ,l.L�IS LOT B LOT B "`� RECORDED ;6N EXEMPTION NO. LOT A RECORDED 1207-14-4-RE1109 POINT OF/ EXEMPT/ON NO. REC.NO.2159485 N BEGINNING 1207-14-4-RE1109 S2 Y COR.PARCEL 1 REC.NO.2159485 30'S'L Y LINE SE 1/4 SEC 14 (VARIABLE WIDTH PUBLIC ROW) + _ _ - _ WELD COUNTY ROAD 32 30' N8949'16"E 2646.23' -+-— r-- ---1-/ POINT OF COMMENCEMENT NW 1/4 Z I I 5 1/4 SECON 14,T3N,R68W,61N P.M. SEC. 23 vi o.qq I DEED OFDED1CA110N NE 1/4 SEC. 23 T3N, R68W, REC.NO 2856038 T3N, R68W, 6TH P.M. 6TH P.M. @ p I c4 I 0' 50' 100' 2'0' II i SC "=100' NOTE:THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL TCE-5A :C303)13 ,ueSE 1/4 SECTION 14,T3N,R68W,6TH P.M. AAZTEc 300 E on,Colorado Ave..: WELD COUNTY,COLORADO Phone:(703)71Y1896 Fac:(J03)7111697 p.TH:O:\191624-01-HIGH PLAINS BIM MAPPNG\DWG\DWIBITS\HIGH P1NNS BLW ROW ACQUISITION PARCELS\TCE-SADWG CONSULTANTS.INC. www.azteccoo:ulrontseom JOB NUMBER:191624-01 DATE:5/13/2025 DWG: RDS CHK: DED 2 OF 2 PAC;Es i 5048082 Pages: 12 of 12 5054475 Pages: 12 of 12 08/19/2025 09:23 AM R Fee:$0.00 09/22/2025 01:29 PM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld Couiri y,CO Carly Koppes,Clerk and I,R■ecorder,I Weld County,CO liii �IIIr�II%ilika 1'�rI PLIM 11 CI liiir 11111 11111 KM�19'01I1�■H�1Rl 11 IN a NtliHi4N1aILWvh 11111 Resolution Approve Memorandum of Agreement for Purchase of Property Interest for Acquisition of Right-of-Way and Easements for Design-Build Project of High Plains Boulevard(aka County Road 9.5)Between County Roads 32 and 34,and Authorize Chair to Sign—Mark and Linda Getman 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 Memorandum of Agreement for Purchase of Property Interest for Acquisition of Right-of-Way and Easements for the Design-Build Project of High Plains Boulevard (also known as County Road 9.5), between County Roads 32 and 34,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 Mark and Linda Getman,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 Property Interest for Acquisition of Right-of-Way and Easements for the Design-Build Project of High Plains Boulevard(also known as County Road 9.5),between County Roads 32 and 34,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 Mark and Linda Getman,be,and hereby is,approved. Be it further resolved by the Board that the Chair be,and hereby is,authorized to sign said agreement. 5048082 Pages: 1 of 12 08/19/2025 09:23 AM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO III KINn hilliaW7111111'1WII nii Id 11111 cc'Pc4)-1/oN/KR/cP/SBS 2025-2350 oViq/25 EG0083 Memorandum of Agreement for Purchase of Property Interest for Acquisition of Right-of-Way and Easements for Design-Build Project of High Plains Boulevard (aka County Road 9.5)Between County Roads 32 and 34—Mark and Linda Getman 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 18th day of August,A.D.,2025: Perry L.Buck,Chair:Aye r.•M••., Scott K.James,Pro-Tem:Aye Ir 1.I /i\ Jason S.Maxey:Aye Lynette Peppier:Aye I,� Nei Kevin D.Ross:Aye ",,,'; Approved as to Form: `, i., Bruce Barker,County Attorney Attest: Esther E.Gesick,Clerk to the Board 5048082 Pages: 2 of 12 08/19/2025 09:23 AM R Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO III KIP214 621402 1.101AI NIN Nii Il R 11111 2025-2350 EG0083 ontract Form Entity Information Entity Name* Entity ID* ❑New Entity? GETMAN,LINDA @00050154 Contract Name* Contract ID Parent Contract ID MEMORANDUM OF AGREEMENT TO PURCHASE ROW 9835 FROM MARK AND LINDA GETMAN FOR THE HIGH PLAINS BLVD.PROJECT BETWEEN CR 32&34 Contract Lead* Requires Board Approval CPARROTT YES Contract Status CTB REVIEW Contract Lead Email Department Project# cparrott@weld.gov GR-73 Contract Description* AGREEMENT TO PURCHASE ROW FROM MARK&LINDA GETMAN FOR THE HIGH PLAINS BLVD.DESIGN-BUILD PROJECT FROM CR 32 TO CR 34.THE PROPERTY IS BETWEEN CR 32 AND 34 BORDERING THE EAST SIDE OF HOLT RESERVOIR. Contract Description 2 Contract Type" Department Requested BOCC Agenda Due Date • AGREEMENT PUBLIC WORKS Date* 08/14/2025 08/18/2025 Amount* Department Email $1 17,800.00 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 ::1:: ::90v NO Grant ADRIA SCHIEL NO County Attorney Email IGA ASCHIEL@WELD.GOV NO 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 08/12/2025 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 CHERYL PATTELLI ADRIA SCHIEL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/14/2025 08/14/2025 08/15/2025 Final Approval BOCC Approved Tyler Ref# AG 081825 BOCC Signed Date Originator CPARROTT BOCC Agenda Date 08/18/2025 5086079 Pages: 1 of 2 03/03/2026 10:30 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii Nrd i k r:WG'IM 0 IP41',Iiineli«'MY4rI, 11111 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this . (Q day of �� , 20 %, between Mark Getman and Linda Getman (referred to herein as"Grantor",whether one or more),whose legal address is 4529 CR 32,Mead,Colorado, 80504 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. GRAN \R: it Mark Get an Lin a Getman STATE OF COLORADO ) )ss• COUNTY OF WELD ) —�` The foregoing instrument was acknowledged before me this .1.k' day of rq,..b ,2026, by Mark and Linda Getman,Grantors. CHRISTINE MOSER NOTARY PUBLIC Witnesspy hand d official se 1 STATE OF COLORADO 134 lam, MA/ [) MY COMMISSION EXPIRES MAY 7,2028 Notary Public 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 thiscrVk day of -.:�,¢byidl 2021. ATTEST:( ave. HOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Boar do,I.' AWEL OUNTY,COLORADO By: Nfl iso ;•* �1 Deputy Clerk to the Board hair,Board of County Commissioners *No.Deed of Dedication is valid un. r• 'e iy . roard of County Commissioners pursuant to C.R.S, 43-2-201(1)(a), (Version 2024-01-30) Con xn+ Acend - cc : PiaCE4,i ,w,CPvM,EC) ZOZS --2.356 3/9/2 co 3/9 /Z 4 EC—t C OAS 3 5086079 Pages: 2 of 2 03 03/2026 10:30k AMd R ooede:r$,0 dD°ety$OcoO 1111 rwil laNI ll '+ .I'WM'lh 1 II 111 EXHIBIT "A" LEGAL DESCRIPTION File No.: 2723587 PARCEL 1: (Fee) THAT CERTAIN PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, BEING A PORTION OF THE LAND DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED OCTOBER 8, 2013 AT RECEPTION NO. 3969398, IN THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 14, WHENCE THE NORTH/SOUTH CENTERLINE OF SAID SECTION 14 BEARS NORTH 00°03'17"WEST, A DISTANCE OF 5296.07 FEET, WITH ALL BEARINGS HEREIN BEING REFERENCED TO SAID NORTH/SOUTH CENTERLINE; THENCE NORTH 15°20'47" EAST, A DISTANCE OF 1371.04 FEET TO THE NORTHEASTERLY CORNER OF LOT A, RECORDED EXEMPTION NO. 1207-14-4-RE1109 PER PLAT RECORDED OCTOBER 24, 1988 AT RECEPTION NO. 2159485 IN SAID OFFICIAL RECORDS AND THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY AND NORTHWESTERLY LINE OF SAID LOT A THE FOLLOWING 2 COURSES: 1) SOUTH 89°39'39"WEST, A DISTANCE OF 30.62 FEET; 2) SOUTH 64°21'47"WEST, A DISTANCE OF 106.35 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,163.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 69°22'10"WEST; THENCE DEPARTING SAID NORTHWESTERLY LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°22'31", AN ARC LENGTH OF 454.18 FEET TO SAID NORTH/SOUTH CENTERLINE OF SAID SECTION 14; THENCE NON-TANGENT TO SAID CURVE, ALONG SAID NORTH/SOUTH CENTERLINE, NORTH 00°03'17"WEST, A DISTANCE OF 194.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,303.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 40°44'08"WEST; THENCE DEPARTING SAID NORTH/SOUTH CENTERLINE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°46'46", AN ARC LENGTH OF 654,49 FEET TO THE NORTHERLY LINE OF LOT B, SAID RECORDED EXEMPTION NO. 1207-14-4-RE1109; THENCE NON-TANGENT TO SAID CURVE, ALONG SAID NORTHERLY LINE, SOUTH 89°39'39" WEST, A DISTANCE OF 5.69 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS STATEMENT: BEARINGS REFERENCED HEREIN ARE GRID BEARINGS DERIVED FROM GPS OBSERVATIONS BASED UPON THE COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE (NAD 83, 2011) REFERENCED TO THE NORTH/SOUTH CENTERLINE OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE SOUTH QUARTER CORNER OF SAID SECTION 14 BY A 3-1/4"ALUMINUM CAP STAMPED IN PART"1994 PLS 13155 MERRICK& COMPANY" ON A NO. 6 REBAR IN RANGE BOX AND AT THE NORTH QUARTER CORNER OF SAID SECTION 14 BY A 2-1/2"ALUMINUM CAP STAMPED IN PART"1994 LS 11682" ON A NO. 6 REBAR IN A RANGE BOX, TAKEN TO BEAR NORTH 00°03'17"WEST, A DISTANCE OF 5296.07 FEET. (Also described as Parcel RW-5) NOTE: The following disclosure is made pursuant to C.R.S. 38-35-106.5: Said descriptions created by Daniel E. Davis, PLS 38256,on behalf of Aztec Consultants, Inc., dated November 7, 2024, et al., as Job Number 191624-01. 5086080 Pages: 1 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III 10� 1411 MINVitinii HMO 11111 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement(TCE), executed this"5 day of i i2 ,20:)(7 is made between Mark Getman and Linda Getman, (referred to herein as "Owner", whether one or more), whose legal address is 4529 CR 32 Longmont, Colorado, 80504 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"0"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 ICE, 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. 5086080 Pages: 2 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO N11017141111railfilliMilkililin«�� #11 h II II OWNER: Mark Getman O i a Getma STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this A: day of �� ,2026, by Mark and Linda Getman, Owners. Witness my ha rl and offici I seal. CHRISTINE MOSER NOTARY PUBLIC .L STATE OF COLORADO Notary u lie NOTARY ID 2004400134 MY COMMISSION EXPIRES MAY 7,2028 (Version 2024-01-30) 5086080 Pages: 3 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 .�I I��Yllia'�� h�FM 0111114 HA 11111 EXHIBIT "A" LEGAL DESCRIPTION File No.: 2723587 PARCEL 3: (Easement) A PARCEL OF LAND BEING THAT CERTAIN PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, BEING A PORTION OF THE LAND DESCRIBED AS PARCEL 2 IN THE GENERAL WARRANTY DEED RECORDED OCTOBER 8, 2013 AT RECEPTION NO. 3969398, IN THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, WHENCE THE NORTH/SOUTH CENTERLINE OF SAID SECTION 14 BEARS NORTH 00°03'17" WEST, A DISTANCE OF 5296,07 FEET, WITH ALL BEARINGS HEREIN BEING REFERENCED TO SAID NORTH/SOUTH CENTERLINE; THENCE NORTH 15°20'47" EAST, A DISTANCE OF 1371.04 FEET TO THE NORTHWESTERLY CORNER OF LOT B, RECORDED EXEMPTION NO. 1207-14-4-RE1109 PER PLAT RECORDED OCTOBER 24, 1988 AT RECEPTION NO. 2159485 IN SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LOT B, NORTH 89°39'39" EAST, A DISTANCE OF 37.60 FEET TO THE POINT OF BEGINNING, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1,333.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 69°59'14"WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°23'30", AN ARC LENGTH OF 55.64 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 67°35'44" EAST, A DISTANCE OF 80.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1,413.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 67°35'44" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°32'51", AN ARC LENGTH OF 87.48 FEET TO SAID THE NORTHERLY LINE OF LOT B; THENCE ALONG SAID NORTHERLY LINE, NON-TANGENT TO SAID CURVE, SOUTH 89°39'39" WEST, A DISTANCE OF 84.65 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS STATEMENT: BEARINGS REFERENCED HEREIN ARE GRID BEARINGS DERIVED FROM GPS OBSERVATIONS BASED UPON THE COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE (NAD 83, 2011) REFERENCED TO THE NORTH/SOUTH CENTERLINE OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE SOUTH QUARTER CORNER OF SAID SECTION 14 BY A 3-1/4" ALUMINUM CAP STAMPED IN PART"1994 PLS 13155 MERRICK& COMPANY" ON A NO. 6 REBAR IN RANGE BOX AND AT THE NORTH QUARTER CORNER OF SAID SECTION 14 BY A 2-1/2" ALUMINUM CAP STAMPED IN PART"1994 LS 11682" ON A NO. 6 REBAR IN A RANGE BOX, TAKEN TO BEAR NORTH 00°03'17" WEST, A DISTANCE OF 5296.07 FEET. (Also described as Parcel TCE-5) PARCEL 4: (Easement) A PARCEL OF LAND BEING THAT CERTAIN PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, BEING A PORTION OF THE LAND DESCRIBED AS PARCEL 1 AND PARCEL 2 IN GENERAL WARRANTY DEED RECORDED OCTOBER 8, 2013 AT RECEPTION NO. 3969398, IN THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, WHENCE THE NORTH/SOUTH CENTERLINE OF SAID SECTION 14 BEARS NORTH 00°03'17"WEST, A DISTANCE OF 5296.07 FEET, WITH ALL BEARINGS HEREIN BEING REFERENCED TO SAID NORTH/SOUTH CENTERLINE; 5086080 Pages: 4 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO THENCE ALONG SAID NORTH/SOUTH CENTERLINE NORTH 00°03'17" WEST, A DISTANCE OF 1162.00 FEET TO THE SOUTHERLY CORNER OF PARCEL 1, DESCRIBED IN SAID GENERAL WARRANTY DEED AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH/SOUTH CENTERLINE AND THE WEST BOUNDARY OF SAID PARCEL 1 AND THE WEST BOUNDARY OF PARCEL 2, DESCRIBED IN SAID GENERAL WARRANTY DEED, NORTH 00°03'17"WEST, A DISTANCE OF 437.48 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,123.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS, SOUTH 49°14'02"WEST; THENCE DEPARTING SAID NORTH/SOUTH CENTERLINE AND THE WEST LINE OF SAID PARCEL 2 SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°18'52", AN ARC LENGTH OF 398.16 FEET TO THE SOUTHEAST BOUNDARY OF SAID PARCEL 1, AND THE NORTHWEST LINE OF LOT A, RECORDED EXEMPTION NO. 1207-14-4-RE1109 RECORDED OCTOBER 24, 1988 AT RECEPTION NO. 2159485, IN SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHEAST BOUNDARY AND THE NORTHWEST LINE OF SAID LOT A, SOUTH 64°21'47"WEST, A DISTANCE OF 223.23 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS STATEMENT: BEARINGS REFERENCED HEREIN ARE GRID BEARINGS DERIVED FROM GPS OBSERVATIONS BASED UPON THE COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE (NAD 83, 2011) REFERENCED TO THE NORTH/SOUTH CENTERLINE OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE SOUTH QUARTER CORNER OF SAID SECTION 14 BY A 3-1/4"ALUMINUM CAP STAMPED IN PART"1994 PLS 13155 MERRICK& COMPANY" ON A NO. 6 REBAR IN RANGE BOX AND AT THE NORTH QUARTER CORNER OF SAID SECTION 14 BY A 2-1/2" ALUMINUM CAP STAMPED IN PART"1994 LS 11682" ON A NO. 6 REBAR IN A RANGE BOX, TAKEN TO BEAR NORTH 00°03'17"WEST, A DISTANCE OF 5296.07 FEET. (Also described as Parcel TCE-5A) NOTE: The following disclosure is made pursuant to C.R.S. 38-35-106.5: Said descriptions created by Daniel E. Davis, PLS 38256, on behalf of Aztec Consultants, Inc., dated November 7, 2024, et al., as Job Number 191624-01. 5086081 Pages: 1 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111KV , � �1� li13/411141III1 PERMANENT SLOPE EASEMENT This Permanent Easement (PE), is made this < (% day of , 20 `o, between Mark Getman and Linda Getman, (referred to herein as "Owner", whether one or more), whose legal address is 4529 CR 32,Longmont,Colorado 80504 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 "0" Street, Greeley, Colorado 80631: WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt of which is hereby acknowledged, does hereby dedicate and convey unto County a Permanent 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. (the "Easement Area") Subject to the following conditions: 1. The PE is conveyed from Owner to County for the purpose of maintaining proper slope stability and drainage. The County shall have right to access and modify the slope within the easement area, including the ability to excavate, fill, grade, install retaining walls, and construct drainage systems as needed, provided that such activities are conducted in accordance with the accepted engineering practices and do not unreasonably interfere with the use of the remaining property by the Owner. 2. Owner reserves the right to use and occupy the Easement Area for any purpose consistent with the permitted uses granted the County herein. Owner shall not construct and structures or improvements within the Easement Area that would interfere with the maintenance of the slope or drainage facilities. Owner shall not grant, dedicate, or convey any other easement within the Easement Area, or otherwise authorize the placement of any utility or pipeline within the Easement Area without receiving prior written approval from the County. County's approval shall not be unreasonably delayed or withheld. 3. The PE is granted without any representations or warranties of title and subject to all existing easement, encumbrances, and matters of record otherwise, including, but not limited to, any interests of the Owner. The obligations of the Owner herein and the rights granted to the County herein are subject to and qualified by this paragraph 3. 4. In the event any of the terms of this Easement are violated by a Party of by any person in privity with such Party, such violation shall be immediately corrected and eliminated upon receipt of written notice from the non-violating Party by the violating Party at the address first stated above or other address provided for in writing by such Party, and, if not corrected, the non-violating Party shall have the right to correct and eliminate such violation, and the violating Party, its successors and assigns, shall promptly pay the reasonable costs to correct said violation upon receipt of invoice or other evidence of such costs. If such violation is not corrected, the non-violating Party shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The non-violating Party reserves the right to do all acts necessary to immediately remedy any emergency that may arise within the Easement Area caused by or resulting from any such violation. 5. In the event the County conducts any work within the Easement Area as allowed by the PE, County shall restore or repair the Easement Area to its original condition or as close to as practicable, including landscaping, reseeding, or other improvements, whenever the same may occur. The PE does not grant County any authorization to enter onto Owner's property outside the Easement Area without prior approval of the Owner. 6. The rights granted herein shall be possessed and enjoyed by the Parties, their successors and assigns, in perpetuity. The PE shall run with the land, and Owner's subsequent conveyance of the underlying fee parcel shall be made subject to this PE. County's rights and obligations under this PE may be assigned, in County's discretion, to any municipality or other governmental entity which obtains jurisdiction over County's structures within the Easement Area. 5086081 Pages: 2 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 FIRMIIVIIMIP014 NIAPIMMA11114 1111 7. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 8. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Owner and the covenants and promises hereinabove made as County. 9. The Parties hereto agree that this Easement shall be recorded at County's sole expense in the office of the County Clerk and Recorder in which the PE is located. IN WITNESS WHEREOF, the Parties hereto have executed this Permanent Easement to be effective as of the mutual execution hereof. OWNER: Mark Getman Date of Signature OWN : in Getman Date of Signature STATE OF COLORADO ) ss. COUNTY OF W`d- ) The foregoing instpurrAent was acknowledged before me this day of ,24,by Mark and Linda Getman, as Owners. My commission expires: WI l N mAdviy,iwgd official al. NOTARY PUBLIC STATE OF COLORADONOTARY ID 2004400134 MY COMMISSION EXPIRES MAY 7,2028 Notary Pub is COUNTY: ATTEST: �rlt Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD C UNTY, COLORADO BY: NA A4 E LSD BY: Deputy Clerk th- 40A Scott K. James, Chair z1E61 4' .' 5086081 Pages: 3 of 4 03/03/2026 10:30 AM R Fee:$0.el CO Car ly Koppes, Clerk and Recorder, Weld County cmcfrallitICAN EXHIBIT "A" LEGAL DESCRIPTION File No.: 2723587 PARCEL 2: (Easement) 2 PARCELS OF LAND BEING THOSE CERTAIN PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, BEING A PORTION OF THE LAND DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED OCTOBER 8, 2013 AT RECEPTION NO. 3969398, IN THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, WHENCE THE NORTH/SOUTH CENTERLINE OF SAID SECTION 14 BEARS NORTH 00°03'17"WEST, A DISTANCE OF 5296.07 FEET, WITH ALL BEARINGS HEREIN BEING REFERENCED TO SAID NORTH/SOUTH CENTERLINE; THENCE NORTH 15°20'47" EAST, A DISTANCE OF 1371.04 FEET TO THE NORTHEASTERLY CORNER OF LOT A, RECORDED EXEMPTION NO. 1207-14-4-RE1109 PER PLAT RECORDED OCTOBER 24, 1988 AT RECEPTION NO. 2159485 IN SAID OFFICIAL RECORDS, BEING A POINT HEREINAFTER REFERRED TO AS POINT"A"; THENCE ALONG THE NORTHERLY AND NORTHWESTERLY LINE OF SAID LOT A THE FOLLOWING 2 COURSES: 1) SOUTH 89°39'39" WEST, A DISTANCE OF 30.62 FEET; 2) SOUTH 64°21'47" WEST, A DISTANCE OF 106.35 FEET TO THE POINT OF BEGINNING, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,163.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 69°22'10" WEST; THENCE DEPARTING SAID NORTHWESTERLY LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°22'31", AN ARC LENGTH OF 454.18 FEET TO SAID NORTH/SOUTH CENTERLINE OF SAID SECTION 14; THENCE NON-TANGENT TO SAID CURVE, ALONG SAID NORTH/SOUTH CENTERLINE, SOUTH 00°03'17" EAST, A DISTANCE OF 59.96 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,123.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 49°14'02" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°18'52", AN ARC LENGTH OF 398.16 FEET TO SAID NORTHWESTERLY LINE OF LOT A; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 64°21'47" EAST, A DISTANCE OF 40.16 FEET TO THE POINT OF BEGINNING. PARCEL 2 COMMENCING AT THE HEREINABOVE DESCRIBED POINT"A"; THENCE ALONG THE NORTHERLY LINE OF LOT B, SAID RECORDED EXEMPTION NO. 1207-14-4- RE1109, NORTH 89°39'39" EAST, A DISTANCE OF 5.69 FEET TO THE POINT OF BEGINNING, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,303.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 69°30'54"WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°46'46", AN ARC LENGTH OF 654.49 FEET TO SAID NORTH/SOUTH CENTERLINE OF SAID SECTION 14; THENCE NON-TANGENT TO SAID CURVE, ALONG SAID NORTH/SOUTH CENTERLINE, NORTH 00°03'17" WEST, A DISTANCE OF 39.30 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,333.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 39°37'55"WEST; THENCE DEPARTING SAID NORTH/SOUTH CENTERLINE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°21'19", AN ARC LENGTH OF 706.23 FEET TO SAID NORTHERLY LINE OF LOT B; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°39'39"WEST, A DISTANCE OF 31.91 FEET TO THE POINT OF BEGINNING. 5086081 Pages: 4 of 4 03/03/2026 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO uii 1111011141 V IM riVirilIMINtlevaillyik111111 BASIS OF BEARINGS STATEMENT: BEARINGS REFERENCED HEREIN ARE GRID BEARINGS DERIVED FROM GPS OBSERVATIONS BASED UPON THE COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE (NAD 83, 2011) REFERENCED TO THE NORTH/SOUTH CENTERLINE OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE SOUTH QUARTER CORNER OF SAID SECTION 14 BY A 3-1/4"ALUMINUM CAP STAMPED IN PART"1994 PLS 13155 MERRICK& COMPANY" ON A NO. 6 REBAR IN RANGE BOX AND AT THE NORTH QUARTER CORNER OF SAID SECTION 14 BY A 2-1/2"ALUMINUM CAP STAMPED IN PART"1994 LS 11682" ON A NO. 6 REBAR IN A RANGE BOX, TAKEN TO BEAR NORTH 00°03'17"WEST, A DISTANCE OF 5296.07 FEET. (Also described as Parcel PE-5) NOTE: The following disclosure is made pursuant to C.R.S. 38-35-106.5: Said descriptions created by Daniel E. Davis, PLS 38256, on behalf of Aztec Consultants, Inc., dated November 7, 2024, et al., as Job Number 191624-01. Hello