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HomeMy WebLinkAbout20253068.tiffResolution Approve Memorandum of Agreement and Joint Escrow Instructions for Purchase of Temporary Construction Easement and Permanent Slope Easement 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 — WCR 34 and HWY 25-220, LLC Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board has been presented with a Memorandum of Agreement and Joint Escrow Instructions for the Purchase of Temporary Construction Easement and Permanent Slope Easement 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 WCR 34 and HWY 25-220, LLC, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement, 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 and Joint Escrow Instructions for the Purchase of Temporary Construction Easement and Permanent Slope Easement 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 WCR 34 and HWY 25-220, LLC, be, and hereby is, approved Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign all necessary documents CG CA (BB hok/Rs),Pw(c./DN/KH/DDIcP), AcT(Rw/cD), TR(8G) 't/ '3125 2025-3068 EG0083 Memorandum of Agreement and Joint Escrow Instructions for Purchase of Temporary Construction Easement and Permanent Slope Easement for Design -Build Project of High Plains Boulevard (aka County Road 9 5), Between County Roads 32 and 34 — WCR 34 and HWY 25-220, LLC Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 10th day of November, A D , 2025 Perry L Buck, Chair Aye Scott K James, Pro -Tern Aye Jason S Maxey Aye Lynette Peppier Aye Kevin D Ross Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E Gesick, Clerk to the Board 2025-3068 EG0083 Con-lvac+(t 100-3 Public Works Department (970) 400-3750 1111 H St., P.O. Box 758 Greeley, CO 80632 MEMORANDUM TO: Clerk to the Board FROM: Cameron Parrott, Engineering Manager DATE: October 31, 2025 SUBJECT: BOCC Agenda Item — Contract ID #10043 (Memorandum of Agreement and Joint Escrow Instructions to Purchase Easements from WCR 34 & Hwy 25-220, LLC for the High Plains Blvd. Project Between CR 32 & 34) The BOCC was asked to approve this easement acquisition counteroffer in a pass around dated 10/13/25. The landowner has accepted the counteroffer and provided the attached Memorandum of Agreement and Joint Escrow Instructions in lieu of our standard Memorandum of Agreement. Please note, this memorandum of agreement stipulates in Section 12 that it not be recorded in the records of the office of the Clerk and Recorder of Weld County. The Public Works Dept. will have a representative available at the meeting to answer any questions. 2025-3068 V( 0 EC -4007S3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: High Plains Blvd. Between WCR 32 & 34 — WCR 34 & Hwy 25-220 LLC DEPARTMENT: Public Works DATE: 10/13/25 PERSON REQUESTING: Cameron Parrott Brief description of the problem/issue: The WCR 34 & Hwy 25-220 LLC property is located on the northwest corner of the proposed roundabout at WCR 34 and High Plains Blvd. We need to acquire a permanent slope easement on this property to accommodate the slopes coming off the new roundabout and to grade the area within the North Creek floodplain to pass through the new structures to be built under WCR 34. We are also requesting to get a temporary construction easement allowing access to the area for construction. The County's appraisal and the landowner's appraisal came in with very different values for this property. The County's appraisal showed the value of the land in this location was $60,000/acre ($1.38/sq. ft.) while the owner's appraisal showed the value to be $124,146/acre ($2.85/sq. ft.). There was also a substantial difference in the percentage of value given to the permanent easement. The County's appraisal valued the permanent easement at 50% of the land value while the owner's appraisal showed the value as 90%. The area being acquired is completely within the existing North Creek floodplain/floodway and is also encumbered with multiple utility easements including Platte River Power Authority, Chevron, and Little Thompson Water District. Due to all these constraints on the ability to develop this land, we sent an initial offer for these acquisitions based on the County's appraisal values. That offer can be broken down as follows: Landowner Size of Easements PE / TCE (Acres) Percentage of Value for PE / TCE Offered Value of Easements o 30 /o Incentive County Offer Total WCR 34 & Hwy 25-220 LLC 0.845 / 0.923 50% / 10% $30,888.00 $9,266.00 $40,154.00 The landowner rejected our offer and provided a counteroffer asking for the easements to be purchased at a price closer to their appraisal values $119,970/acre ($2.75/sq. ft.). The counteroffer can be broken down as follows: Landowner Size of Easements PE / TCE (Acres) Percentage of Value for PE / TCE Offered Value of - Easements No Incentive Counteroffer Total WCR 34 & Hwy 25-220 LLC Q.845 / 0.923 90% / 10% $102,156.92 $0 $102,156.92 These offers were discussed with the County Attorney's office, and it was decided that we would split the difference between these two offers as a final offer. To get the value halfway between the two offers, the final land value ended up being $83,437.44/acre. The final offer was sent to the owner on October 6, 2025. That offer was: Landowner Size of Easements PE / TCE (Acres) Percentage of Value for PE / TCE Offered Value of Easements No Incentive Final Offer Total WCR 34 & Hwy 25-220 LLC 0.845 / 0.923 90% / 10% $71,155.46 $0 $71,155.46 This offer was accepted by the owner on October 7th, 2025. What options exist for the Board? Approve the accepted final offer and allow staff to place this agreement onto the next available BOCC agenda for signature. Deny the final accepted offer and have staff proceed toward condemnation. Consequences: Delaying this acquisition will directly impact construction schedules and the work that can be completed during the scheduled closure of WCR 34 which is scheduled to start on Oct. 20"'. 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): $71,155.46 Recommendation: Due to project schedule constraints, staff recommends approving the accepted final offer and allowing this item to be placed on the next available BOCC agenda for signature. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross -vr 4,4, Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: MEMORANDUM OF AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into this Z . ay of Ddiutes/, 2025 ("Effective Date"), by and between WCR 34 & HWY 25-220 LLC, a Colorado limited liability company, whose address is 8800 N. Gainey Center Drive, Suite 255, Scottsdale, AZ 85258 ("Seller") and WELD COUNTY, a body corporate and politic of the State of Colorado, whose address is 1150 O St., Greeley, CO 80631 ("Purchaser"). RECITALS: A. Seller owns certain real property in Weld County, Colorado, together with tangible and intangible rights appurtenant to or benefiting that property; B. Purchaser has threatened to condemn certain easements across a portion of Seller's property for its project to improve High Plains Boulevard from CR 32 to CR 34 (the "Project"); and C. In order to avoid litigation and settle the threatened condemnation action, Seller wishes to grant and convey certain easements across a portion of its property to Purchaser, and Purchaser wishes to acquire such easements from Seller. AGREEMENT: NOW, THEREFORE, in consideration of the above premises, the mutual promises and covenants below, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Purchase and Sale Agreement. Subject to the terms, provisions, covenants and conditions herein contained, Seller hereby agrees to sell, convey and grant, and Purchaser hereby agrees to purchase and pay for the following: (a) Those portions of Tract B, Block 1 of the Raterink Mixed Use Subdivision Final Plat, recorded on November 19, 2019, in the Office of the Clerk and Recorder of Weld County, at Reception No. 4542531 ("Final Plat"), as follows: i. Permanent Easement ("PE"): PE -9 described in Exhibit A, consisting of approximately 0.845 acres (36,810 sq ft). The form of PE is attached hereto as Exhibit B; and ii. Temporary Construction Easement ("TCE", together with the PE, the "Easements" or the "Property"): TCE-9 described in Exhibit C, consisting of approximately 0.923 acres (40,197 sq ft) for an initial period of one (1) year. The form of TCE is attached hereto as Exhibit D. ZoZ5- 3 i f 2. Purchase Price and Payment. The parties agree that the purchase price for the Easements shall be Seventy -One Thousand One Hundred Fifty -Five and 46/100 Dollars ($71,155.46) (the "Purchase Price"), payable in cash, wired, certified or other funds to Escrow Agent (defined below), which will be immediately available for Closing (defined below). On or before Closing, Purchaser shall deposit the Purchase Price and all other funds payable by Purchaser pursuant to this Agreement with Escrow Agent. At Closing, the Purchase Price shall be delivered to Seller, subject to all terms and conditions set forth in this Agreement. 3. Conveyance of Property: Just Compensation. (a) Notwithstanding anything in this Agreement to the contrary, conveyance and grants of the Easements shall not in any event include or be construed to include, and shall expressly exclude, any and all mineral rights, oil and gas rights, and royalties with respect to same (collectively, "Mineral Rights"); and Seller advises Purchaser it has entered into that certain oil and gas lease dated July 10, 2013, and recorded at Reception No. 3952631 in the Official Records of Weld County, Colorado (as amended, the "Lease") with respect to the Property and other real property owned by Seller. It is Seller's understanding the Lease is a "No Surface Occupancy Lease", however, Seller makes no representations or warranties in that regard as the Lease speaks for itself. From and after the Effective Date, Seller shall not perform any act, nor shall Seller enter into any agreement, which will cause the exploration for, or development of any of the Mineral Rights owned by the Seller heretofore or hereafter the date set forth above and hereby excepted on or from the surface of the Property, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the Seller shall itself perform no physical act which may impair the subsurface or lateral support of the Property. Seller shall not in any event be responsible for the actions or inactions of any tenant or third -party with respect to the Lease or otherwise with respect to the Mineral Rights. The Parties acknowledge and agree that Purchaser is acquiring the Easements subject to the provisions of C.R.S. § 43-1-209. These covenants and agreements hereunder, shall inure to and be binding upon the Seller and Purchaser and their respective successors and assigns forever. (b) Seller acknowledges that the Purchase Price is full and just compensation for the Easements due to Seller and agrees that the compensation is full consideration for the Easements. 4. Escrow Agent: Title Commitment: Title Policy. Seller and Purchaser agree that Heritage Title Company, 7251 W. 20th St., Greeley, CO 80634, Attn: Antionette Alirez (aalirezta heritagetco.com) shall serve as the Escrow Agent for this transaction ("Escrow Agent"). Upon execution of this Agreement, the County shall open an escrow ("Escrow") with the Escrow Agent by depositing a duplicate original or copy (in electronic or other format) of this Agreement executed by both Seller and Purchaser with the Escrow Agent. If Purchaser desires to obtain a title policy, it shall be at Purchaser's expense. 5. Closing Documents. On or before Closing, Seller shall execute, acknowledge and deliver to Escrow Agent the PE and the TCE. 6. Closing: Closing Procedure. 2 (a) The date, time and location of the closing of the Escrow ("Closing") shall be mutually agreed upon in writing by Purchaser and Seller as soon as possible following the execution of this Agreement; provided, however, that if for any reason the Closing does not occur on or before November 14, 2025 ("Outside Closing Date"), Purchaser and Seller shall be entitled to exercise their rights contained in the "Remedies" section below. The Closing may only be extended by a written amendment to this Agreement executed by Purchaser and Seller. (b) At Closing, Escrow Agent shall: (i) record the PE and the TCE; (ii) if applicable, cause Title Insurer to issue the Title Policy effective as of Closing, and deliver the original thereof to Purchaser, respectively, within fourteen (14) days following Closing; and (iii) prepare and deliver to the Parties a final Settlement Statement, and electronic copies in pdf format (and originals where available and appropriate) of all documents processed through the Escrow. 7. Closing Costs. Purchaser shall pay any closing and escrow fees charged by Escrow Agent for the Escrow and, if applicable, any premiums charged by the Title Insurer for the Title Policy, and all transfer, documentary and recording fees for the documents delivered by Seller to Purchaser hereunder. Each party shall be responsible for the payment of its own attorney fees incurred in connection with the transaction that is the subject of this Agreement. 8. Remedies. (a) In the event that the Seller fails to consummate this Agreement for any reason, except Purchaser's default or termination of this Agreement by Purchaser pursuant to the provisions hereof, Purchaser may, at its option, enforce this Agreement by (i) terminating this Agreement and proceeding with a condemnation action, or (ii) bringing an action against Seller for specific performance. Seller acknowledges and agrees that the subject of this Agreement is unique and irreplaceable and damages would be a wholly inadequate remedy for Purchaser in the event of termination of this Agreement by Seller. (b) In the event that Purchaser shall fail to close on this Agreement for any reason, Seller shall not be entitled to enforce this Agreement through an action for specific enforcement, nor shall Seller be entitled to any damages from Purchaser for any such failure, and Seller's exclusive remedy shall be the rescission of this Agreement. In the event of default or termination of this Agreement by Purchaser, other than as set forth in this subsection (b), the parties shall have no further rights or obligations hereunder. 9. Time. Time is of the essence hereof and all terms, conditions and covenants shall be tendered or performed as specified herein. The time for performance of any obligation or taking any action under this Agreement shall be deemed to expire at midnight (Denver, Colorado time) on the last day of the applicable time period provided for herein. A "business day" shall mean any day 3 other than a Saturday, Sunday or holiday recognized by the State of Colorado. If the time for performance under this Agreement occurs on a day other than a business day, the time for performing shall be extended to the next succeeding business day. 10. Agreement Binding. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. The parties hereto agree that, except for such of the terms, conditions, covenants and agreements hereof which are, by their very nature, fully and completely performed upon Closing, all of the terms, conditions, representations, warranties, covenants and agreements herein set forth and contained shall survive the Closing and shall continue to be binding upon the parties and their above -named successors. 11. Colorado Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by the laws of the State of Colorado. 12. No Recording. This Agreement may not be recorded in the records of the Office of the Clerk and Recorder of Weld County, Colorado. 13. Entire Agreement. This Agreement embodies the complete Agreement between the parties and cannot be modified or amended except by the written agreement of the parties. 14. Interpretation. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for or against any Party, regardless of which Party originally drafted the provision. 15. Nature of Transfer. Purchaser acknowledges that the Property is being purchased under threat of condemnation and that other factors may have been considered in the determination of the price set forth herein in addition to fair market value. Seller acknowledges and agrees it is selling the Property under threat of condemnation of all or a portion of the Property, and that by signing this Agreement, it may be waiving rights, including but not limited to, the right to contest Purchaser's taking of possession or title to the property by eminent domain. 16. Recitals; Exhibits: The Recitals, by this reference, are incorporated into and made a part of this Agreement. Exhibits expressly referenced in this Agreement are incorporated and made a part of this Agreement. 17. Severability: Waiver. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. The failure by either Party to enforce against the other any 4 term or provision of this Agreement shall not be deemed to be a waiver of such Party's right to enforce against the other Party the same or any other such term or provision. 18. Counterparts; Signatures. This Agreement shall be manually signed, and may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. The Parties agree that [Signature Page to Follow] 5 IN WITNESS WHEREOF, this Agreement is executed by Seller and Purchaser as of the date first above written. SELLER: WCR 34 & HWY 25-220, LLC, a Colorado limited liability company By: RMG Real Estate Services XV, L.L.C., an Arizona limited liability company, its Administrator By: Name: Its: Authorized Officer STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) The above and foregoing document }vas acknowledged before me this a 9'' `day of C G'C L r , 2025, by Auks{; h< j.(. fix, i[-L , the Authorized Officer of RMG Real Estate Services XV, L.L.C, an Arizona limited liability company, the Administrator of WCR 34 & Hwy 25-220, LLC, for and on behalf thereof. 4 —WITNESS m+, hand arid official Seal. I,:. LAURIE A. D , Notary Public -Arimna at...0.44_ MARICOPACOUNTY of„o: Commission* 696144 Notary Public Expires August 14, 2029 - PURCHASER: _AW...dcrit,,,d ...do:4 ATTEST: WELD COUNTY CLERK TO BOARD OF COUNTY COMMISSIONERS WELD THE BOARD COUNTY, COLORADO By: Deputy Clerk to the Board APPROVED AS TO FORM: By: IA'2A✓ ' Perry L. Buc i hair County Attorney:irlAiAtill.VOlidfk. 6 zo2S-SUA ACCEPTANCE BY ESCROW AGENT By execution hereof, Heritage Title Company, the Escrow Agent, hereby accepts this Agreement as its escrow instructions and agrees to administer the Escrow in accordance with the provisions thereof. Escrow Agent shall immediately notify Seller and Buyer of the Opening Date. Escrow Agent acknowledges it has received a fully executed original or copy of this Agreement and has sent an electronic copy of such fully executed Agreement to Buyer and Seller as of the date set forth underneath its signature below. Heritage Title Company By: Address: 7251 W. 2010 St., Greeley, CO 80634 Attention: Antionette Alirez Telephone: (970) 330-4522 E-mail: aalirez(c heritagetco.com Date: W QA)\ c ' 5 , 2025 LIST OF EXHIBITS Exhibit A Legal Description of PE -9 Exhibit B Form of PE -9 Exhibit C Legal Description of TCE-9 Exhibit D Form of TCE-9 8 EXHIBIT A Legal Description of PE -9 9 EXHIBIT A PARCEL PE -9 (SLOPE AND DRAINAGE) THAT CERTAIN PORTION OF TRACT B, RATERINK MIXED -USE SUBDIVISION FINAL PLAT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER PLAT RECORDED NOVEMBER 19, 2019 AT RECEPTION NO. 4542531, IN THE OFFICIAL RECORDS OF SAID COUNTY, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, SAID COUNTY AND STATE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 14, SAID TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, 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 06°29'15" WEST, A DISTANCE OF 5390.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID TRACT B AND THE POINT OF BEGINNING, BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 34 AS SHOWN ON SAID RATERINK MIXED -USE SUBDIVISION FINAL PLAT; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT B AND SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89°36'31" WEST, A DISTANCE OF 285.17 FEET TO THE SOUTHWEST CORNER OF SAID TRACT B; THENCE DEPARTING SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY OF SAID TRACT B THE FOLLOWING 2 COURSES: 1. NORTH 00°23'29" WEST, A DISTANCE OF 118.06 FEET; 2. NORTH 42°07'30" WEST, A DISTANCE OF 31.47 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY NORTH 00°23'29" WEST, A DISTANCE OF 47.33 FEET; THENCE NORTH 89°36'31" EAST, A DISTANCE OF 38.47 FEET; THENCE SOUTH 21°54'41" EAST, A DISTANCE OF 168.52 FEET; THENCE NORTH 81°08'15" EAST, A DISTANCE OF 87.16 FEET; THENCE NORTH 43°54'34" EAST, A DISTANCE OF 50.32 FEET; THENCE NORTH 06°24'43" EAST, A DISTANCE OF 71.00 FEET; THENCE NORTH 16°50'59" EAST, A DISTANCE OF 149.32 FEET TO THE NORTHEASTERLY LINE OF SAID TRACT B; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 56°06'16" EAST, A DISTANCE OF 39.01 FEET TO THE NORTHEASTERLY CORNER OF SAID TRACT B, BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 9 1/2 AS SHOWN ON SAID RATERINK MIXED -USE SUBDIVISION FINAL PLAT; 09-04-2025 CG:\191624-01- High Plains Blvd Mapping\Legals\High Plains Blvd ROW Acquisition Parcels\PARCEL PE-9.docx PAGE 1 OF 3 THENCE ALONG THE EASTERLY LINE OF SAID TRACT B AND SAID WESTERLY RIGHT-OF-WAY, SOUTH 00°18'09" EAST, A DISTANCE OF 272.07 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 36,810 SQUARE FEET OR 0.845 ACRES, MORE OR LESS. ILLUSTRATION ATTACHED AND MADE A PART HEREOF. 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, 20111 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. DANIEL E. DAVIS, PLS 38256 COLORADO LICENSED PROFESSIONAL LAND SURVEYOR FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 300 E. MINERAL AVENUE, SUITE 1 LITTLETON, CO 80122 09-04-2025 Q:\191624-01- High Plains Blvd Mapping\Legals\High Plains Blvd ROW Acquisition Parcels\PARCEL PE-9.docx PAGE 2 OF 3 SW 1/4 SEC. 11 T3N, R68W, 6TH P.M. LOT 5, BLOCK 1 N00'23'29"W RA TERINK 47.33' MIXED -USE SUBDIVISION FINAL PLAT N42'07'30"W REC. N0. 4542531 31.47' N89'36'31 "E 38.47' if) • 3 N � o N� o•-• z LOT 6, BLOCK 1 RA TERINK MIXED -USE SUBDIVISION FINAL PLA T REC. NO. 4542531 TRACT B RA TERINK MIXED -USE SUBDIVISION FINAL PLA T REC. N0. 4542531 PARCEL CONTAINS 36,810 SQ. FT., OR 0.845 ACRES, MORE OR LESS cP ea.'s 3O" RICNT-OF-WAY OED/CATION SEC NO 4542531 N81'08'15"E 87.16 B) N ;O O) S89'36'31 "W 285.17' _556'06'16"E 39.01' N CD o 9A � Om h EE N N z W W 0) OQ O V a O rn 30' PRESCRIPTIVE HOW -OF -WAY 8OON 84 PACE 273 30' - PRESCRIPT/LE RIGHT-OF-WAY BOOZY 86, PAGE 273 20' RIGHT-OF-WAY OEO/CAROhv REC. N0. 3303766 0' ry WELD COUNTY ROAD 34 (VARIABLE WIDTH PUBLIC ROW) 589'41'40"W 2652.02' N'L Y LINE NW 1/4 SEC 14 SW 1/4 SEC. 14 T3N, R68W, 6TH P.M. 1 MCI - 1-4 I co ku z f RI(' '72 g:\h� w POINT OF COMMENCEMENT \ o v a S 1/4 SEC1IOY 14, 13V,, 568W, 611/ P.M.. Q m 160'WELD COUNTY ROAD 32 sc.:,•-eo POB - POINT OF BEGINNING (VARIABLE WIDTH PUBLIC ROW) NOTE: THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PARCEL PE -9 PgivarilArySuitelSW 1/4 SECTION 11, T3N, R68W, 6TH P.M. do80122WELD COUNTY, COLORADO . 189897INC.�nru.com PATH: 1x\191624-01 -1041 RAINS MO MAPP# 6140 1S\HGH PLAINS BLVD Row )0434100 P44165186-66100 JOB NUMBER: 191624-01 067609-04-2025 DWG: OED _ clot: ROS 3 OF 3 PAGES PERMANENT SLOPE EASEMENT This Permanent Easement ("PE"), is made this day of , 20 , between WCR 34 & HWY 25-220, LLC, a Colorado limited liability company (referred to herein as "owner"), whose legal address is 8800 N. Gainey Center Drive, Suite 225, Scottsdale, Arizona 85258, 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 the "Coon "), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Owner, for and in consideration of payment made by the County, the receipt of which is hereby acknowledged, does hereby grant and convey unto the 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 A (the "Easement Area"), subject to the following conditions: 1. The PE is conveyed from Owner to the 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 ("Improvements"), provided that such activities are conducted in accordance with the accepted engineering and construction practices and do not unreasonably interfere with the use of the remaining property by the Owner. 2. Owner retains fee ownership of its property and 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 any structures or improvements within the Easement Area that would interfere with the maintenance of the Improvements without the prior written approval of the County. 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, conditioned or withheld. 3. The PE is granted without any representations or warranties of title or of any kind or nature and is 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. Notwithstanding anything to the contrary contained or implied elsewhere herein, Owner reserves, retains and excepts from this grant and conveyance all minerals, mineral interests, shut in gas royalties, oil and gas leasehold interests, executive rights, bonuses, delay rentals, royalty interests, overriding royalty interests, production payments, and any and all interests of any kind or nature whatsoever in or with respect to the mineral estate in all of the Easement Area, including, but not limited to, all coal, oil, gas and other hydrocarbons, and other minerals, and all clay, and any and all other minerals rights and interests in, on or under said Easement Area, including, but not limited to, those that are the subject of that certain Oil and Gas Lease dated July 10, 2013, with Owner as "Lessor" and Grizzly Petroleum Company, LLC, a Colorado limited liability company, as "Lessee," recorded August 1, 2013, at Reception No. 3952631, of the official records of the Weld County Clerk and Recorder. 5. 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. 6. In the event the County conducts any work within the Easement Area as allowed by the PE, such work shall be performed lien free and workman like manner, with good construction practice and in compliance with all applicable laws. The 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 the County any authorization to enter onto Owner's property outside the Easement Area without prior approval of the Owner. Any access to the Easement Area by the County, any contractor, subcontractor, consultant or other invitee of the County shall be where the boundary of the Property and Easement Area connect from adjacent right-of- way, or from an adjacent easement which benefits the County. 7. 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. The 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 the County's structures within the Easement Area. 8. 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. 9. 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 the County. 10. The Parties hereto agree that this PE shall be recorded at the County's sole expense in the office of the County Clerk and Recorder in which the PE is located. [SIGNATURES ON THE FOLLOWING PAGES] IN WITNESS WHEREOF, the Parties hereto have executed this Permanent Easement to be effective as of the mutual execution hereof. OWNER: WCR 34 & HWY 25-220, LLC, a Colorado limited liability company By: RMG Real Estate Services XV, L.L.C., an Arizona limited liability company, its Administrator By: Name: Its: Authorized Officer STATE OF ARIZONA ACKNOWLEDGMENT COUNTY OF MARICOPA This record was acknowledged before me on , 20 by , the Authorized Officer of RMG Real Estate Services XV, L.L.C., an Arizona limited liability company, the Administrator of WCR 34 & HWY 25-220, LLC, a Colorado limited liability company. (Notary's official signature) (Commission Expiration) COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: BY: Deputy Clerk to the Board Perry L. Buck, Chair STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by Perry L. Buck as Chair of Board of County Commissioners of Weld County, Colorado. My commission expires: WITNESS my hand and official seal. Notary Public EXHIBIT C PARCEL TCE-9 THAT CERTAIN PORTION OF TRACT B, RATERINK MIXED -USE SUBDIVISION FINAL PLAT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER PLAT RECORDED NOVEMBER 19, 2019 AT RECEPTION NO. 4542531, IN THE OFFICIAL RECORDS OF SAID COUNTY, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, SAID COUNTY AND STATE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 14, SAID TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, 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 06°29'15" WEST, A DISTANCE OF 5390.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID TRACT B, BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 34 AS SHOWN ON SAID RATERINK MIXED -USE SUBDIVISION FINAL PLAT; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT B AND SAID NORTHERLY RIGHT-OF- WAY, SOUTH 89°36'31" WEST, A DISTANCE OF 285.17 FEET; THENCE DEPARTING SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY OF SAID TRACT B, THE FOLLOWING 2 COURSES: 1. NORTH 00°23'29" WEST, A DISTANCE OF 118.06 FEET; 2. NORTH 42°0T30" WEST, A DISTANCE OF 31.47 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY BOUNDARY NORTH 00°23'29" WEST, A DISTANCE OF 47.33 FEET; THENCE NORTH 89°36'31" EAST, A DISTANCE OF 38.47 FEET; THENCE SOUTH 21°54'41" EAST, A DISTANCE OF 168.52 FEET; THENCE NORTH 81°08'15" EAST, A DISTANCE OF 87.16 FEET; THENCE NORTH 43°54'34" EAST, A DISTANCE OF 50.32 FEET; THENCE NORTH 06°24'43" EAST, A DISTANCE OF 71.00 FEET; THENCE NORTH 16°50'59" EAST, A DISTANCE OF 149.32 FEET TO THE NORTHEASTERLY LINE OF SAID TRACT B; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 56°06'16" WEST, A DISTANCE OF 39.01 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE, SOUTH 33°53'44" WEST, A DISTANCE OF 108.15 FEET; THENCE SOUTH 89°36'31" WEST, A DISTANCE OF 257.09 FEET TO THE WESTERLY BOUNDARY OF SAID TRACT B; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 42°07'30" EAST, A DISTANCE OF 114.08 FEET TO THE POINT OF BEGINNING. 09-04-2025 Q:\19162401- High Plains Blvd Mapping\Legals\High Plains Blvd ROW Acquisition Parcels\PARCELTCE-9.docx PAGE 1OF3 CONTAINING AN AREA OF 40,197 SQUARE FEET OR 0.923 ACRES, MORE OR LESS. ILLUSTRATION ATTACHED AND MADE A PART HEREOF. 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. DANIEL E. DAVIS, PLS 38256 COLORADO LICENSED PROFESSIONAL LAND SURVEYOR FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 300 E. MINERAL AVENUE, SUITE 1 LITTLETON, CO 80122 09-04-2025 Q:\191624-01- High Plains Blvd Mapping\Legals\High Plains Blvd ROW Acquisition Parcels\PARCELTCE-9.docs PAGE 2 OF 3 SW 1/4 SEC. 11 LOT 6, BLOCK 1 RA TERINK MIXED -USE T3N, R68W, 6TH P.M. SUBDIVISION FINAL PLAT LOT 5, BLOCK 1 RA TERINK MIXED -USE SUBDIVISION FINAL PLAT REC. NO. 4542531 REC. NO. 4542531 TRACT B RA TERINK MIXED -USE SUBDIVISION FINAL PLA T REC. NO. 4542531 S89'36'31"W 257.09' tS` � Rra POB N4215730'W 31.47' (TIE) N89'36'31 "E 38.47' O0`' PARCEL CONTAINS 40,197 SQ. FT., OR 0.923 ACRES, MORE OR LESS NO0'23'29"W w B 47.33' �Ni*wt b ,-, 0, c.1% O N n . 0...'s .'s Z r<V 8 ft‘NS1'0j8.15"E Di ,bev 87 N .16 +bc .O. SEYY CORNt7? TRACT B 589'36'311V 285.17' (PE) 3O' RIGHT-OF-WAY OED/CAR0N REC. NO 4542531 30' PRESCRIPAhf RIGHT-OF-WAY BOOK B6, PATE 273 30' PRESCR/P11VE RIGHT-OF-WAY 8004 B6, PATE 273 - 20' RIGHT -OF WAY DEO/CATITN REL. N0. 3363766 WELD COUNTY ROAD 34 (VARIABLE WIDTH PUBLIC ROW) 589'41'40V 2652.02' N'L Y LINE NW 1/4 SEC 14 160' SCAB: 1" - 60 POB - POINT OF BEGINNING (VARIABLE WIDTH PUBLIC ROW) NOTE: THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. fr tpW Z fo ` cS' Z �m TWO POINT OF COMMENCEMENT ) o v a 51/4 .2-51105 14, UN,, 668k 6111 P.M 4 \ m WELD COUNTY ROAD 32 SW 1/4 SEC. 14 O)(1, E T3N, R68W, 6TH P.M. CONSULTANTS, Li:41Ba,/ 841nerW Avasaiu ! , ColmaA0 88122 Phone: (303)7131898 Fan: (]03y/133897 Rlr 1.921KfOOJUIfan[S.f6N PARCEL TCE-9 SW 1/4 SECTION 11, T3N, R68W, 6TH P.M. WELD COUNTY, COLORADO PAIN: 07691624-01 - HIGH RAM BLVD MAPPING\1190\00113TSVIGH Pura INA Row 909191rox PA1BLS\106-9.0119 JOB NUMBER: 191624-01 DA1E:9-04-2025 DWG: DED O12: RCS 3 OF 3 PACES GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement ("TCE"), executed this day of , 20 ("Effective Date") is made between WCR 34 & HWY 25-220, LLC, a Colorado limited liability company (referred to herein as "Owner", whether one or more), whose legal address is 8800 N. Gainey Center Drive, Suite 225, Scottsdale, Arizona 85258, 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 the "County"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Owner, for and in consideration of payment made by the County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto the County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit A ("Temporary Easement Property"), subject to the following conditions: 1. The TCE is granted and conveyed from Owner to the County immediately and shall expire and be of no further force or effect one (1) year following the Effective Date, or upon the County's determination that the Project is complete and recordation of a release of this TCE, whichever is earlier (the "Term"). Following the earlier to occur of the County's determination that the Project is complete, or expiration of the Term, County shall within ten (10) business days following written request from Owner execute, acknowledge and deliver to Owner in instrument in recordable form which releases this TCE. 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 constructing and installing slope and drainage improvements related to the construction of High Plains Boulevard from CR32 to CR 34 (the "Project"). 3. The County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the Temporary Easement Property 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, the County shall promptly repair any damage to Owner's property caused by the County, its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County, so as to return the Owner's property to substantially as good or better condition as existed prior to the commencement of the Term. 4. The County agrees that any current access to the Owner's property from the road right-of- way for High Plains Boulevard shall remain open throughout the Term. OWNER: WCR 34 & HWY 25-220, LLC, a Colorado limited liability company By: RMG Real Estate Services XV, L.L.C., an Arizona limited liability company, its Administrator By: Name: Its: STATE OF ARIZONA ACKNOWLEDGMENT COUNTY OF MARICOPA This record was acknowledged before me on , 20 by , the Authorized Officer of RMG Real Estate Services XV, L.L.C., an Arizona limited liability company, the Administrator of WCR 34 & HWY 25-220, LLC. a Colorado limited liability company. (Notary's official signature) (Commission Expiration) COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: BY: Deputy Clerk to the Board Perry L. Buck, Chair STATE OF COLORADO COUNTY OF } ) ss. The foregoing instrument was acknowledged before me this day of , 20_, by Perry L. Buck as Chair of Board of County Commissioners of Weld County, Colorado. My commission expires: WITNESS my hand and official seal. Notary Public (Version 2024-01-30) act For Entity Information Entity Name* Entity ID* WCR 34 & HWY 25-220 LLC @00050466 Contract Name* MEMORANDUM OF AGREEMENT AND JOINT ESCROW INSTRUCTIONS TO PURCHASE EASEMENTS FROM WCR 34 & HWY 25-220, LLC Contract Status CTB REVIEW Q New Entity? Contract ID 10043 Contract Lead * CPARROTT Contract Lead, Email cparrott@weld.gov Parent Contract ID Requires Board Approval YES Department Project # GR-73 Contract Description* MEMORANDUM OF AGREEMENT AND JOINT ESCROW INSTRUCTIONS TO PURCHASE EASEMENTS FROM WCR 34 & HWY 25-220, LLC FOR THE HIGH PLAINS BLVD. PROJECT BETWEEN WCR 32 & WCR 34. PROPERTY IS LOCATED NORTHWEST OF THE NEW ROUNDABOUT AT WCR 34 AND HIGH PLAINS BLVD. Contract Description 2 Contract Type* AGREEMENT Amount* $71,155.46 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 11/06/2025 11/10/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 11/01/2026 Committed Delivery Date Renewal Date Expiration Date* 12/31/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 11/04/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/10/2025 Finance Approver RUSTY WILLIAMS Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 11/05/2025 11/05/2025 Tyler Ref # AG 111025 Originator CPARROTT Hello