HomeMy WebLinkAbout20231084.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS FOR RECONSTRUCTION OF BRIDGE 54/13A AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - CROISSANT
FAMILY FARM, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Purchase of Certain
Property for Public Road Improvements for the Reconstruction of Bridge 54/13A 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 Croissant Family Farm, LLC, 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 Agreement for the Purchase of Certain Property for Public Road
Improvements for the Reconstruction of Bridge 54/13A 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 Croissant Family Farm, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:ATTEST: datov;,1
Weld County Clerk to the Board
BY:
AP
County At orney
Date of signature: 04 /2.5 /23
eman, Chair
ck, Pro-Tem
Scott K. James
.7L
evin D. Ross
Lori Saine
cc;pc„ (cm/catra)
05 /0-/23
2023-1084
EG0081
Con -Iva el- I b14_ (0870
MEMORANDUM
TO: Clerk to the Board DATE: April 6, 2023
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Agreement for Purchase of Certain Property for Public
Road Improvements
CONTRACT ID: 6820
RE: Bridge Reconstruction for Bridge 54/13A
Approve the attached Agreement for Purchase of Certain Property for Public Road Improvements between
Croissant Family Farms and Weld County, Colorado.
Total Compensation to be paid to Owner is $118,800.00 as outlined below:
• County agrees to pay $43,320.00 for 1.385 acres of Public Road Right of Way a
• County agrees to pay $24,928.00 for 1.558 acres for Permanent Easements
• County agrees to pay $18,093.00 for 2.827 acres of Temporary Construction Easement
• County agrees to pay $18,150.00 for existing improvements (fencing)
• County agrees to pay $13,310.00.00 as a signing incentive
2023-1084
(gin EC 00
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN CROISSANT FAMILY FARM, LLC AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this I day of PpV\\ , 2023, by and between
Croissant Family Farm, LLC, a Colorado limited liability colmpany, whose address is 49316
County Road 83, Briggsdale, CO 80611, hereinafter collectively referred to as "Owner," and the
WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WHEREAS, Owner owns a parcel of real property containing the property described in
the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property
described in the attached Exhibit B & C ("Permanent Easement" or PE), and property described
in the attached Exhibit D ("Temporary Construction Easement" or TCE), which are hereinafter
referred to collectively as the "Property", and
WHEREAS, County finds it necessary to reconstruct bridge 54/13A on Weld County
Road 54, (hereinafter referred to as the "Project"), and
WHEREAS, Owner wishes to cooperate with County in completing the Project.
NOW, THEREFORE, the parties herein agree as follows:
I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into
this Agreement.
Exhibit A — Description, Depiction, and Form of ROW.
Exhibit B — Description, Depiction, and Form of PE.
Exhibit C — Description, Depiction, and Form of PE.
Exhibit D — Description, Depiction, and Form of TCE.
II. COMPENSATION; PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner, as described below, is One Hundred
Eighteen Thousand Eight Hundred Dollars, ($118,800.00).
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
III. PUBLIC ROAD RIGHT(S)-OF-WAY
1. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of
Dedication as provided in Exhibit A.
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Carly Keppea, Clerk and Recorder, Weld County Co
VIII I��l�1�I�r'r�i'G'NI�I ill' I�i�Y�IY iI II
o?cb23-logy (s)
Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN CROISSANT
FAMILY FARM, LLC AND WELD COUNTY, COLORADO
2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of -
Way to County at the date of closing which shall be no later than thirty (30) days
following mutual execution of this Agreement. The dedication shall not be valid until
accepted and approved by the Board of County Commissioners and signed by the Chair
or other person delegated authority to sign on behalf of the Board.
3. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property, if any exists.
W. PERMANENT EASEMENT(S)
1. Owner agrees to grant the Permanent Easements to the Grantee described in, and in a
form substantially similar to, the attached Exhibit B & C, subject to the terms contained
therein.
2. Owner shall deliver the fully executed Permanent Easements to County at the date of
closing which shall be no later than thirty (30) days following mutual execution of this
Agreement.
V. TEMPORARY CONSTRUCTION EASEMENT(S)
1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering
all property described and depicted in, and subject to the terms provided in, Exhibit B.
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
VI. CLOSING
1. County shall not be liable for any encumbrance associated with the Property prior to the
date of closing. Owner shall pay any encumbrance associated with the Public Road
Right -of -Way, the Permanent Easements and the Temporary Construction Easement
which is required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties thereon), on or
before the date of closing when Owner delivers the Deed of Dedication to County and the
Permanent Easements. Owner is solely responsible for the payment of any amounts owed
to a third party holding a security or other ownership interest in the Public Road Right -of -
Way, Permanent Easements and Temporary Construction Easement.
2. County shall at closing pay for the cost of obtaining title insurance if County elects to
obtain title insurance for the Property.
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Carly Koppes, Clerk and Recorder, Weld County , CO
���� liIrdirilI VICh4Il4 VJIFY INAIIMI VItI 11111
Page 3 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN CROISSANT
FAMILY FARM, LLC AND WELD COUNTY, COLORADO
3. County shall at closing pay all fees associated with recording this Agreement, the
Temporary Construction Easement, and/or the Deed of Dedication.
VII. MISCELLANEOUS:
1. This Agreement and the conveyance of the Property made pursuant to the terms herein,
shall be binding upon, all and inure to the benefit of and be enforceable by the parties and
their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
5. 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 maybe changed or supplemented only by a written instrument signed by both
parties.
6. 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,
Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to
resolve said dispute.
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04/27/2023 Carly Koppes, Clerk and Recorder, �I01:12 �PM R Fee``: $0.0,,0 II'' 44 `` ``'' ,III �U�AMIII IRIMINIIII11�WI17f r�TI11TIOI ,l III
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN CROISSANT
FAMILY FARM, LLC AND WELD COUNTY, COLORADO
3. 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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: CROISSANT FAMILY FARMS, LLC, a Colorado limited liability company
By:
ATTEST:
Weld County Clerto the Board
BY:
ddtifeo
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Carly Koppes, Clerk and Recorder, Weld County , CO
Diu Fainwlit'Lra :r1Aw FahIO141r*Ii 11111
Title: 'P? 0 ..,c
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
APR 1 'r 2023
aoa3 -108!
EDIT A
Deed of Dedication, Description, and Depiction of ROW for Parcel RW
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Carly Koppel, Clerk and Recorder, Weld County , CO
1111 INFJIITMCIALMNPICi f Ih CF Vitliiikid 11111
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this day of , 2023 between Croissant Family Farm, LLC,
a Colorado limited liability company (referred to herein as "Grantor", whether one or more), 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 "O" 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 A.
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.
GRANTOR:
By:
Title:
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of , 2023,
by of Croissant Family Farm, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My Commission Expires:
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 this day of , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerk to the Board Chair, Board of County Commissioners
*No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S.
43-2-201(1)(a).
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Carly Koppel, Clerk and Recorder, Weld County , CO
QCUCY iVINII45Vith111111
EXHIBIT A
(1 of 3)
PROPERTY DESCRIPTION
A parcel of land, being part of Lot A, Recorded Exemption No. 0957-19-4-RE1347, recorded October 4, 1991 as
Reception No. 02265304 of the records of the Weld County Clerk and Recorder, locatedm the Southeast Quarter
(SEI/4) of Section Nineteen (19), Township Five North CL5N.), Range Sixty-seven Weal (R.67 W.) of. Sixth
Principal Meridian (6th P.M), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S 1/4) corner of said Section 19 and assuming the South line of the Southeast
Quarter (SEl/4) of said Section 19, being monommtalized by a #6 caber with a 2'A" diameter aluminum cap stamped
'7517662" in a monument box at the West end and by a #6 mbar with a 2'/4" diameter aluminum cap stamped
'7512374,1993" in a monument box at the East end, as bearing North 89°58'46" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone; North American Datum 1983/2011, a distance of 2619.82 feet,
with all other bearings contained herein relative thereto;
THENCE North 00°24'29" West along the West line of the Southeast Quarter (SEl/4) of said Section I9, also being
along the West line of said Lot A, a distance of 30.00 feet to the North Right-of-way line of Weld County Road 54 as
established by that Quit Claim Deed recorded June 18, 1895 in Book 114 at Page 343 of the retards of the Weld
County Cleric and Recorder and also by that Approved Road Viewers' Report recorded April 17,1895 in Book 48 at
Page 372 of the records of the Weld County Clerk and Recorder, said North Right-of-way line being Thirty (30) feet,
as measured at a right angle, North of and parallel with the South lice of the Southeast Quarter (SEl/4) of said Section
19, said point being the POINT OF BEGINNING;
THENCE continuing North 00°24'29" Wort along the West line of the Southeast Quarter (SE1/4) of said Section 19,
also being along the West line of said Lot A, a distance of 40.00 feet to a point being Seventy (70) feat, as measured at
a right angle, North of the South line of the Southeast Quarter (SEl/4) of said Section 19;
THENCE North 89°58'46" East along a line being Seventy (70) feet, as measured at a right angle, North of and parallel
with the South line of the Southeast Quarter (SEl/4) of said Section 19 a distance of 1733.58 feet;
THENCE South 00°01'14" East a distance of 40.00 feat to said 30' North Right-of-way line;
THENCE South 89°58'46" West along said 30' North Right-of-way lice a distance of 583.51 fast to the North Right-
of-way lime of Weld County Road 54 as established by that parcel of land described as RW-1 in that Quit Claim Deed
recorded March 29, 2018 as Reception No. 4386697 of the records of the Weld County Clerk and Recorder;
The following Three (3) coarser and distances are along said North Right-of-way lines established by said parcel RW-
1:
THENCE North 00°01'14" West a distance of 30.00 feat to a point being Sixty (60) feet, as measured at a right angle,
North of. South line of the Southeast Quarter (SEI/4) of said Section 19;
THENCE South 89°58'46" West along a lice being Sixty (60) feet, as measured at a right angle, North of and parallel
with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 300.00 feet;
THENCE South 00°01'14" East a distance of 30.00 feat to said 30' North Right-of-way line;
THENCE South 89°58'46" West along said 30' North Right-of-way line a distance of 849.80 feet to the POINT OF
BEGINNING.
Said described parcel eland contains 60,338 sq. ft. or 1385 acres, more or. (t), and maybe subject to any rights -
of -way or other easements of record or as now existing on said described parcel of land
$URVEYORSSTATEMENT
I, Michael Chad Dillai, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and that it is hue and correct to the best of my knowledge
and belief.
Michael Chad Dilka - • . behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970)686-5011
IN: 20190710
X:120190710\property deseriptions9ROW-CROISSANT.docx
7/13/2022 9:27 AM
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Carly Kappa', Clark and Recorder, Wald County , CO
NOM Mkt 1I 111
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Carly Kocces, Clerk and Recorder, Weld County CO
WIFAINIIr0KI4O11Thirltil I610 II II
�_.�CENTER QUARTER CORNER
SECTfON 19, T.SN. R.67W.
LINE TABLE
LINE
BEARING
LENGTH
L1
N00'24'29"W
30.00'
L2
NO0'24'29,
40.00'
L3
S00'01'14"E
40.00'
L4
N00'01'14"W
30.00'
L5
S00'01'14"E
30.00'
/O'NA714PAL GASANO LY7Y.fI///�4AGiY F�fLOIf EA4a✓LN!'
JO P!H!/C S:ll{1 L171A.4NYCir1414.000
(RE✓ti ACi ,z9aJ�ZJ
10' W,47fR !bt E' EA.ffi1/EYl
1/771£ AKWPSGW 7YA7£R q'SJA3'CT
/ASG Na 6azzJ/cfJ
LOTH, Rff-1347
30' RIGHT-OF-WpY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372)(30,
(QUIT CWN EEO-
BOOI( t14 PAGE 343)(30') N89'58'46'E 1733.58'
60' RIGHT-OF-WAY
(APPROVED BOOK 4QEPAGE 3�72P)(30')
(QUIT ClAIAI DEED -
BOOK 1,14a1
74 PAGE J43)(JO')
60.338 SQ.Fl. (WIT CIAIM 1
1.385 sga" REG N0. 4386897)
tiIr SOS>GY/'NA7tafAC 6.15'
� I7E7=1.L1.11A4 67177 E4.SE.5
7071%vi'1C.47JHL1 LYJ4PANY Ll�Lk7.'g4.100
4 (A'£G NQ .A4+t771C7J
I a7•P'laLz/NEEAs9J6vr
7D IXlA2'EAffAi;YfA20 .ffRN� CP
REAJ4£R/YACYE .47E E4.R`NENT
Ry/�OyI�AiEENEROYfkZd .994Nlk'7i ,
(A'EL' NQ .xxtt1�J
a I
30' RIOHT—OF—WpY
(APPROVED ROAD HEWERS° REPORT -
BOOK 48 PAGE 372)(30')
(qutr cLata DEm—
BOOK 114 PAQE 343)(30')
30'PIPtZ/A1�EA�NT
7l0� -Nr£5JEflY.%A°E CAS LYdI/P.
fREG AKl 0/9HPZJJ
CENTER QUARTER CORNER
SECTION 30, T.5N. R.67W.
S89'58'48"W 849.80' WCKS4
4' RIGHT-OF-WAY
(PPROVED ROAD VIEWERS'RFPORi
BOOK l PAGE 372)(30')
(FEET CLAIM DEED -BOOK 14 PAGE 0788) 0')
(DEED OF DEDICATION-REC. NO 2960798)(70')
15' ALt�.S' EA.SL�iVENT
—70 FI�L/C,St7PNC2r CUYPANY ; LY.LA4A00
�EQ Alts .I9I3/4+! .�7I:QT?.A4.Li967J
(BASIS OF BEARINGS)
N89.58'46"E 2619.82'
n
T T �� .b'PRdEEA,R�iYENT
I I '-70 A'ES7ERt' SY04'" G4S' LZ
JAfi"G Asz T��aJ
I L
20,,A7LW.1[ G4SAM7
C17W/UNK'AT/RV RPd/AEFASFIA`NT
-70 K/BL/C.SE/i'NL1 Cq!/P4NY Ll�LYY04A00
(REG Ah2 .x4fS/!1f XI'P�I/NEEA.52r!/ENT
70 al/Ac ENEACYf/QO 5fRIX'
/KEL^ A'Q 3.i12R5'7J
DUSTING' 9QJAMIEA. CERISTBNSRN
(REC. NO. 4694877)
Michael Chod DBka — On Behalf Of King Surveyors
Colorado Llcensel Professional Land Surveyor 438106
I
100 50 0
100
SCALE IN FEET
SCALE: 1 "=100'
(£ 3o Z) V ZIaIHXR
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Carly Koppes, Clerk and Recorder, Weld County , CO
WAWA 11111
f ro 300.00'
Michael Ghad DiIkG — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor /38106
9�YOWAY NDR EA5Ed/fNT
RJ 0£U/ LZYd47Y
(REG NG e
\rr-To�all�crf>�n.maa�e�S to
(R�G NR 3337f67J
\ N89'58'46'E 1733.58'
S89'58'48"W 583.51'
I WGTc'S4 _ _
I l - - (BASIS OF BEARINGS)
_ _ J_ NB9'58'46"E 2619.82'
I � I
I-
60,338 SQ,FT.
1.385 ACRES
LOTA, R1 1347
30' RIGHT-OF-WAY
(APPROVED ROAD WEWERS REPORT -
BOOK 48 PAGE 372)(30')
(gU1T CLAIM OETD-
BOOK 114 PAGE 343)(30')
27'P,i�E11NE £A,R'T/ENT
- lb GUM£ ENE/AGY F7EIO .R77NTt3: 1P
(HEG A'O. S77775fJ
70'NA77/.PA1 GAS AND
WAY 419NMlbY/CADLW Pb EZ/rt2'-EA,4�/ENT
D VIEWE1t5' REPORi——71Jf'71�!L'.�R�G'OYP.4NY GI�CCClNA00
37z)(3o') 757 341 A9, 757
BO' RICHi—OF—
(APPRovED Roa
BOOK 4B PAGE
(OVR CLAM DEED —BOOK 114 PAGE 343x30)
(QUIT CLAIM GEED—REG NO. 4386697)
DUSTINC c@-JAME6'A. CIL2LSTENSEN
(RUC NO. 4694877)
10' /YAJE7 P UME FA.4�NfNT
ID 0771£ 1N�.SYW AA7FR lJ/S'718'CT
(REG NG OP,iti/6fJ� SOUTHEAST CORNER
SECTION 79, T.5N. R.67W.
20x.R7'NA7LOF.41 G4S U-
P/R761E'.4N0 CAKN!/r19G177LW £ASL�X7ENT
rD arc s� ,,ca zx7PANYca<cacwAOD
(R£G NQ .iBd'8f73J
30' RIGHT-OF-WAY
(APPROVED ROAD HEWERS' REPORT-
-BOOK 48 PAGE 372)(30')
(qulr clay DE'ID-
BOOK 114 PAGE 343)(30
100 50 0 100
I _
SCALE IN FEET
SCALE: V.-100'
(£JO£)Vllama
ML9N 'NSA. '61. O S t3S
EXHIBIT B
Description, Depiction, and Draft Form of Permanent Easement for Parcel PEI
4894946 Pages: 10 of 30
Car1V oop OCler2k PM
Recorder, Wed County , Co 11111rIdinklitiligingiAl1/211M41,61 M. ,IIII
Car1Y Koppes,
LTWD Form 200
Page 1 of 5
Easement and Right of Way Agreement
This Easement and Right of Way Agreement, made and entered into as of the day of ,
2023 by and between Croissant Family Farm, LLC, a Colorado limited liability company hereinafter
called "Grantor" (whether grammatically singular or plural), and the LITTLE THOMPSON WATER
DISTRICT, a quasi -municipal corporation, 835 East Highway 56, Berthoud, Colorado 80513,
hereinafter called the "District."
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Grantor hereby grants, sells, conveys and transfers to the District, its successors and assigns, the sole,
exclusive and permanent right to enter, re-enter, occupy and use the hereinafter described property to
construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace,
remove and operate one or more lines for the transmission, distribution and service of water, and all
underground and service appurtenances thereto, including metering stations, vaults, enclosures,
identification signs and other fixtures, over, across, under and upon the following described land, situate
in the County of Weld, State of Colorado, to wit:
PT SE 1/4 19-5-67 LOT A REC EXEMPT RE -1347 EXC BEG S 1/4 COR THENCE S87D57'W 850.13
NOODO1'W 30.00 N89D58'E 300.00 S00D0I'E 30.00 S89D58'W 300.00 TO POB
1) A permanent water line easement 20 feet in width as described on Exhibit A attached hereto (the
"Permanent Easement"); and
2) A temporary construction easement described on Exhibit A attached hereto (the "Temporary
Easement"), which shall commence upon mailing of notice to Grantor of commencement of
construction and automatically terminate and thereafter be null and void at the earlier of (i)
completion of the water line or (ii) two years from the date of mailing of the notice to Grantor
GRANTOR FURTHER GRANTS TO THE DISTRICT:
(a) The right to grade the Permanent Easement for the full width thereof and to extend the cuts and
fills with such grading into and on the land along and outside the Permanent Easement to the
extent as the District may find reasonably necessary;
(b) The right to support the pipelines across ravines and water courses with such structures as District
shall deem necessary;
(c) The right of ingress to and egress from the Permanent Easement over and across the land by
means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantor; provided that such right of
ingress and egress shall not extend to any portion of the land which is isolated from the Permanent
Easement by any public road or highway now crossing or hereafter crossing the land; provided,
further, that if any portion of the land is or shall be subdivided and dedicated roads or highways
on such portion shall extend to the Permanent Easement, the right of ingress and egress on the
portion shall be confined to such dedicated roads and highways;
(d) The right of grading for, constructing, maintaining and using such roads on and across the lands
as the District may deem necessary in the exercise of the right of ingress and egress or to provide
access to property adjacent to the land;
LTWD Form 200 Page 1 of 4
(e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross
the Permanent Easement;
(f) The right to mark the location of the Permanent Easement by suitable markers as determined by
the District, or as otherwise approved by the Grantor, set in the ground; provided that any such
markers remaining after the period of construction shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the Permanent Easement;
and
(g) All other rights necessary and incident to the full and complete use and enjoyment of the right-
of-way and easement for the purposes herein granted.
GRANTOR HEREBY CONVENANTS AND AGREES:
(a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or
tree on the described easement; and the District shall not be liable for their removal if they are so
placed, and Grantor agrees, at Grantor's sole expense to so remove such items.
(b) Once water line construction is complete, the Grantor shall not diminish the ground cover over
the water lines and shall not substantially add to the ground cover over the water lines or their
appurtenances by and between; diminish more than 0.50 feet or add to by more than 1.0 foot
unless approved in writing by the District.
(c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over
said property without the written consent of the District.
(d) Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend
the title thereto against all claims and that said lands are free and clear of encumbrances and liens
of whatsoever character.
THE DISTRICT HEREBY COVENANTS AND AGREES:
(a) The District shall not fence or otherwise enclose the Permanent Easement, except during periods
of construction and repair.
(b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly
backfilled and as much, of the original surface soil as possible shall be placed on top. All large
gravel, stones and clods will be removed from the finished backfill. The District will finish the
backfill after normal settling of the soil so that the use and enjoyment of said land by Grantor
shall be suitable for the purpose now used. The District will maintain the trench area and buried
water pipeline during installation. Reinstallation and maintenance of said waterline.
(c) In the event that the above -described lands are being used for grazing purposes, the District agrees
that during the period of construction of the pipeline hereunder, or any subsequent altering,
removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said
right-of-way Permanent Easement for the cattle and livestock of Grantor and his tenants and
lessee. Further whenever it becomes necessary for the District, its agents or contractors to cut a
fence on the above -described lands. The District agrees, at its option, either to keep the gap closed
or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock
through such gap or to construct at such place or places substantial gates with dual locks and
furnish Grantor with one set of keys thereto. Before any such fence is cut by the District, the
same shall be braced in order to prevent slackening of the wires along with fence in each direction
from the District's temporary gap.
LTWD Form 200 Page 2 of 4
(d) In the event that the above -described lands are being used for the growing of a crop which requires
irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise
provided for to install and operate flumes or appropriate crossing devices across the right-of-way
at all times during such construction operations. The District further agrees, unless otherwise
provided for, not to block, dam or obstruct in any manner, any irrigation canal, drainage ditches,
or creeks located on said lands, and also agrees to replace or repair any levees or banks disturbed
or damaged by the District's operations on said lands.
(e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused
by any wrongful exercise of the rights of ingress and egress or by wrongful or negligent act or
omission of or of its agents or employees in the course of their employment.
(I The District agrees to allow Poudre Valley REA (PVREA) to occupy the southerly 4 feet of the
20' easement described in Exhibit A and the southerly 7' of the 20' easement in areas described
in exhibit B as a perpetual right of way and easement for the relocation of the existing overhead
powerline. All work shall be coordinated with the District prior to construction. The District
shall allow Poudre Valley the use of the full width described in Exhibit A as a temporary
construction easement for the initial construction. PVREA shall not grant any other easement
right of way or permit or license upon, under or over said property without the written consent
of the District.
IT IS MUTUALLY AGREED BY THE PARTIES:
(a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and
Grantor shall not grant any right in the surface or otherwise that will materially interfere with the
rights and privileges herein granted to the District.
(b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to
and be binding upon the respective personal representatives, successors, and assigns of the parties
hereto.
(c) Grantor reserves the right to use and occupy the Permanent Easement and for any lawful purpose
consistent with the rights and privileges granted herein, so long as such uses do not unreasonably
interfere with or endanger any of the District's facilities on or under the Permanent Easement.
Without limitation, Grantor reserves the following rights: (i) to alter or replace any fence or gate
on the Permanent Easement such that it meets the separation requirements of the District and
provides the District uninterrupted access to the Permanent Easement, (ii) to use the Permanent
Easement for open space areas with or without landscaping, (iii) to use the Permanent Easement
for utility lines crossing at right angles with prior approval by the District to ensure appropriate
separation; and (iv) to use maintain, repair, and replace irrigation facilities located on the
Permanent Easement and to add new irrigation facilities while maintaining adequate separation
requirements from District facilities. Other recreation areas and uses, maybe allowed by the
District subject to review and written approval issued from the District.
LTWD Form 200 Page 3 of 4
IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this day of
, 2023.
GRANTOR:
By:
Title:
STATE OF COLORADO }
}
COUNTY OF }
The foregoing instrument was acknowledged before me this
by as _
liability company as Grantor.
{Notary Seal}
day of , 2023
of Croissant Family Farm, LLC, a Colorado limited
Notary Public
My commission expires:
LTWD Form 200 Page 4 of 4
EXHIBIT A
(1 of 3)
PROPERTY DESCRIPTION
A strip of land, Twenty (20) feet in width, being part of Lot A, Recorded Exemption No. 0957-19-4-
RE1347, recorded October 4, 1991 as Reception No. 02265304 of the records of the Weld County Clerk and
Recorder, located in the Southeast Quarter (SE1/4) of Section Nineteen (19), Township Five North (T.5N.),
Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, SHE of
Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S1/4) corner of said Section 19 and assuming the South line of the
Southeast Quarter (SE 1/4) of said Section 19, being monumentalized by a #6 rebar with a 2 'A" diameter
aluminum cap stamped "LS17662" in a monument box at the West end and by a #6 rebar with a 2 '/z"
diameter aluminum Hp stamped "LS12374, 1993" in a monument box at the East end, as bearing North
89°58'46" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983/2011, a distance of 2619.82 feet, with all other bearings contained herein relative
thereto;
THENCE North 00°24'29" West along the West line of the Southeast Quarter (SE1/4) of said Section 19,
also being along the West line of said Lot A, a distance of 70.00 feet to a point being Seventy (70) feet, as
measured at a right angle, North of the South line of the Southeast Quarter (SE1/4) /4) of said Section 19, said
point being the POINT OF BEGINNING;
THENCE continuing North 00°24'29" West along the West line of the Southeast Quarter (SE1/4) of said
Section 19, also being along the West line of said Lot A, a distance of 20.00 feet to a point being Ninety (90)
feet, as measured at a right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section
19;
THENCE North 89°58'46" East along a line being Ninety (90) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 1683.72
feet;
THENCE South 00°01' 14" East a distance of 20.00 feet to a point being Seventy (70) feet, as measured at a
right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 1683.58
feet to the POINT OF BEGINNING.
Said described parcel of land contains 33,673 sq. ft. or 0.773 acre, more or less (f), and maybe subject to
any rights -of -way or other easements of record or as now existing on said described parcel of land.
SURVEYORS STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking and that it is true and correct to the
best of my knowledge and belief.
Michael Chad Dilka - on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
IN: 20190710
X:\20190710\property descriptions\PE1-CROISSANT.docx
7/13/2022 2:01 PM
4894946 Pages: 16 of 30
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Carly Koppes, Clerk and Recorder, Weld County , CO
��.�CENTER QUARTER CORNER
SECTION 19, T.5N. R.67W.
'24'29,N 2637.59'
LINE TABLE
LINE
BEARING
LENGTH
L1
N00°24'29"W
70.00'
L2
300'24'29'W
20.00'
L3
500°01'14"E
20.00'
JO' NA7URAL CAS ANO CCM/R/UN/CAALW P/PEC/NE EA.4'A/ENT
JO PUBLJCSERNLEG „zwri pr,ra;,
(REC. NO. 3Ba(il/2f
20' HAIFR C/NE EASEMENT
TC C/TILE 7NCN/PSGBY WATER LNS7R/CT
(REC NO. OZTT3784)
/2 ,
LOT A, RE -1347
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT -
60' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT -
BOOK 48 PAGE 372)(30')
-BOOK 48 PAGE 372)(30') (PUTT CLAIM DEED --
(QUIT CLAIM DEED- BOOK 114 PAGE 343)(30')
BOOK 114 PAGE 343)(30') 33,673 SQ.FT. (QUIT CLAIM DEED -
0.773 ACRE REC. N0. 4386697)
389'58'46"E 1683.72'
20' /'//1 `7/('///////'l'/'A//
S89'58'46"W 1683.58'
40°-----�----
POINT OF BEGINNING
JI 1---I ----r-
SOUTH QUARTER CORNER
ECTION 19 T_SN. R.67W.
OINT OF COMMENCEMENT
E 50;x100 NATURAL CAS
77 ME7FR/RELY/lATp7 STARC3Y EASEMENT
PUCTC/C SERI9LE C[dNPgNY LYXO4AD0
//y✓
10' P/PEUNE EA.¢7/ENT
TC DUKE ENERCYf7EL0 5000000 IP
(REC NO. T iT2k58)
REGE/4ER/VgL !E .S�7E EASEMENT
- TO DUKE ENE7PCYf7LZ0 SERNGES, LP
(REC NO 3332)88)
30' RIGHT-OF-WAY'
(APPROVED ROAD VIEWERS' REPORT -
BOOK 48 PAGE 372)(30')
(QUIT CLAM DEED —
BOOK 114 PAGE 343)(30')
50'P/PEUNE EASEMENT
TO 3.-,tN SYLWE CAS CQNPANY
(REC. N0. 0793027)
CENTER QUARTER CORNER
SECTION 30, T.SN. R.67W.
WCR 54
(BASIS OF BEARINGS)
389'58'46"E 2619.82' i
40' RIGHT -OF -AY
(APPROVED ROAD VIEWERS' REPORT-
- BOOK 48 PAGE 372)(30)
(QUIT CLAIM DEED-OOK 114 PAGE 343)(30')
(DEED OF DEDICATION-REC. N0. 2960796)(10')
J5'ACCESS EASEMENT
TO 6.3: SERNCELcRIAY,61.g A00
(REC NOs T9AiW,, 3874103 3875982)
----TTTx: _
I I
II L
20'NA7URgl GAS ANO L
L1;d1/MUN/Cg7l�Y P/Pf1/NE EASEMENT
TO PUBUC SERNCF C@NPANY O� CQC@?A00
(REC NO T9Q3/I7) ZO' P/PEUNE EA.4MENT
TO DUKE ENf77GYf7ElO 5003105 CP
(REC. NO. 3332!87)
8381//8 EAS?MENT
TO U77CE If/QIJPSAY _
/YAJER D/S7R/Cl
(REC. ND. 0 :00081
DUSTIN -C. & JAMIEA. CIIRISTENSEN
(SEC NO. 4694877)
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
50' P/PEUNE EASEMENT
- 70 NESTFRN SZGPE CAS CQd/PANY
(REC NO 7778.0)
100 50 0 100
SCALE IN FEET
SCALE: 1"=100'
(£ JO Z) V naIHXi
4894946 Pages: 17 of 30
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Carly Koppes, Clerk and Recorder, Weld County , CO
III POrdigitliAlifilliliMiVicV,'WkWivA
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contact@KingSurveyors.com
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BENDIYAY N£/R EASEMENT
TO HEW COUNTY
(REC. NO. 4386698)
20' PIPELINE EASEMENT
\ — TO DUKE ENERGY /7ELD .SERIWcfl LP
\ (NEC NO JJJ2167,)
\ N89'58'46"E 1683.72'
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SLE SHEET 2
LOT A, RE -1347
33,673 SQ.FT.
0.773 ACRE !
77-1-A77-77-7720'
— --L S89'58'46"W 1683.58'
WCR 54
7
60' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-- BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -BOOK 114 PAGE 343)(30')
(QUIT CLAIM DEED-REC. NO. 4386697)
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
- BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -
BOOK 114 PAGE 343)(30')
1
40'
4re)
(BASIS OF BEARINGS)
N89'58'46"E 2619.82'_
20' PIPELINE EASTAIENT
- TO DUKE ENERGY f7EZD SERNQf' LP
(NEC NO. .1CJ772512
/0' NATURAL GAS AND
COV4fUN/CA /70N PIPELINE E422/ENT
TO PUBLIC . RWCE CO1/PANY or CQ OQADO
(RFC. NO J94:J/12)
DUSTIN C. & JAMYIIEA. CHRISTNSF.N
(REC. NO. 4694877)
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
100
50
0
20' ir41FR LINE EASEMENT
TO L/TILE INOMPSOV NA7£R 0/S/R/CT
(REc. NO 02333/61)
20x50' NATURAL CAS
PIPELINE AND COMA/UN/CA/ICW EASEMENT
TO PUBLIC 19PLICE COMPANY Cis" Ccz a? 00
(REC. Na .J86847J)
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
- BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -
BOOK 114 PAGE 343)(30')
100
SCALE IN FEET
SCALE: 1"=100'
SOUTHEAST CORNER
SECTION 19, T.5N. R.67W.
/
I
EMANUEL EMILTRUST
W
O
DTI
4894946 Pages: 18 of 30
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Carly Koppes, Clerk and Recorder, Weld County , CO
III )Pj' NM III III
DATE :
INITIALS :
WORK ORDER NUMBER:212202
AND BASE COMPILED FROM
uSGS DIGITAL LINE GRAPH FILES
STATE PLANE - COLORADO NORTH. 7,4 AD -83
DRAWING FILE NAME: Mott T/Weld County Rood 54
Widening/WCR 54 Bridge Exhibit A.dwg
3/2/23
P/C
LOG
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EXHIBIT B
SHEET 1 OF 2
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QUDRE VALLEY RE8A.
STATE
COLO.
COUNTY
WELD
SUBDIVISION NAME
MAP NUMBER
WCR 54 Bridge 5N69W 1 9
4894946 Pages: 19 of 30
04/27/2023 01:12 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
III W.Ell IIII
DATE :
INITIALS :
WORK ORDER NUMBER:212202
N-tf
rR
N
La `1
AND BASE COMPILED FROM
LAGS DIGITAL LINE GRAPH PILES
STATE PLANE - COLORADO NORTH. NAD-
DRAWING FILE NAME: Mott TJWeid County Rood 54
Widening/WCR 54 Bridge xhibit A.dwg
.
G
DATE
3/2/23
REVISION
MP
1
TJ
EXHIBIT B
SHEET 2 OF 2
4 t --- - - - -4%
LOC
P/T
Ott
LOC i/E Pff - LOC 7/E f 1t
C- C
OUDRE VALLEY ROHA
LOC LOC
Poudre
Valley
P/I
- - t7b
ro-----fO------10
7954
Pa
SUBDIVISION NAME
P/E — P/E
- - - - 12it-- - - t21Y
0-
X
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PA
U' -
MAP NUMBER
pit P -11-
WCR 54 Bridge 5N69W 1 9
EXHIBIT C
Description, Depiction, and Draft Form of Permanent Easement for Parcel PE2
4894946 Pages: 20 of 30
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Carly Koppes, Clerk and Recorder, Weld County , CO
CVimlid II III
NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be
constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and
before construction is commenced,
Croissant Family Farm, LLC
49316 County Road 83
Briggsdale, CO 80611
hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to DCP
Operating Company, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and non-
exclusive easement, twenty (20) feet in width for a temporary easement for initial construction for this line only and a
permanent non-exclusive easement of twenty (20) feet in width, for the purpose of a single pipeline, and from time to
time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing a single pipeline or other
appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of
the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the
following described land located in WELD County, State of COLORADO, to wit:
Township 5 North. Ranee 67 West ofthk6m�.M.
Section: 19
Said temporary construction easement and permanent non-exclusive pipeline easement being more particularly
described on Exhibit "A" attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline, or any of them, on, over and across said land
and adjacent land of Grantor. Grantor hereby agrees to granting access to Grantee for the use of the existing access
roads, field roads, driveways, or otherwise as specified by Grantor onto the property as necessary for the initial
construction and installation of the associated pipeline including any future access for inspection as reasonably
necessary. Grantor will grant mutually agreeable alternate ingress and egress, which shall not be unreasonably
withheld. After the initial construction of the pipeline DCP may require, from time to time, additional temporary work
space parallel and adjacent to the right-of-way in order to exercise the rights herein granted. Grantor hereby consents
to Grantee's use of temporary work space as reasonably necessary to conduct such operations.
It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty-eight (48) inches
below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the
right to fishy use and enjoy the above described premises subject to the rights herein granted.
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition
and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said
temporary construction easement shall terminate.
Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent
right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the
herein granted right-of-way that will interfere with the normal operation and maintenance of said line.
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber,
fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted;
provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages
4894946 Pages: 21 of 30
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Carly Kappas, Clerk and Recorder, Weld County , CO
L'YAM 'dill' LAI II
caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights
herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial
consideration paid by Grantee to Grantor includes any and all damages that maybe sustained by original construction
of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or
any other property owned by Grantor. If the property is leased, Grantee will settle actual damages with the tenant.
Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will
make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of
time.
The grant is made in consideration that Grantee, its successors and assigns, shall hold Grantor, its successors and
assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein
granted.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors, and assigns of the parties hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as
long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2023
signed, sealed, and delivered in the presence of:
Croissant Family Farm, LLC, a Colorado limited liability company
By: Title:
ACKNOWLEDGEMENT
STATE OF COLORADO
SS.
COUNTY OF WELD
Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared,
as of Croissant Family Farm, LLC, a Colorado limited
liability company, known to me to be the same persons who executed the within and foregoing instrument, and
acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes
and consideration therein expressed.
Given Under My Hand and Seal of Office, this day of , A.D. 2023.
My commission expires:
Notary Public
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Carly Koppas, Clark and Recorder, Weld County , CO
WO AMY II
EXHIBIT A
(1 of 3)
flOPERTY DESCRIPTION
A parcel of land, being part of Lot A, Recorded Exemption No. 0957-191-RE1347, recorded October 4, 1991 as
Reception No. 02265304 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SE1/4) of Section Nineteen (19), Township Five North (T.5N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S1/4) comer of said Section 19 and srltmming the South line of the Southeast
Quarter (SE1/4) of said Section 19, being mommiental.ed by a #6 reber with a 2'h" diameter aluminum cap stamped
"LS17662" in a monument box at the Wass end and by a #6 rebar with a 2 %i' diameter aluminum cap stamped
"LS12374, 1993" in a mamrmant box at the East end, as bearing North 89°58'46" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2619.82 feet,
with all other bearings contained herein relative thereto;
THENCE North 00°24'29" West along the West lime of the Southeast Quarter (SEI/4) of said Section 19, also being
along the West line of said Lot A, a distance of 70.00 f9 to a point being Seventy (70) feet, as measured at a right
angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE North 89°58'46" East along a line being Seventy (70) feet, as measured ata right angle, North of and parallel
with the South lime of the Southeast Quarter (SE1/4) of said Section 19 a distance of 74.17 feet to the POINT OF
BEGINNING;
THENCE North 00°01' 14" West a distance of 40.00 feet to a point being One Hundred Ten (110) feet, as measured at
a right angle, North of the South Imo of the Southeast Quarter (SE1/4) of said Section 19;
THENCE North 89°58'46" East along a line being One Hundred Ten (110) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter. (SE1/4) of said Section 19 a distance of 1659.41 feet;
THENCE South 00°01' 14" last a distance of 40.00 feet to a point being Seventy (70) feet, as measured at a right
angle, Notch of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of and
parallel with the South line of the Southeast Quarter (SEI/4) of said Section 19 a distance of 20.00 feet;
THENCE North 00°01'14" West a distance of 20.00 feet to a point being Ninety (90) feet, as measured at a right angle,
North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Ninety (90) feet, as measured at a right angle, North of and parallel
with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 1609.41 feet;
THENCE South 00°01'14" East a distance of 20.00 feet to a point being Seventy (70) feet, as measured at a right
angle, North of the South lice of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of and
parallel with the South line of. Southeast Quarter (SE1/4) of said Section 19 a distance of 30.00 feat to the POINT
OF BEGINNING.
Said described parcel of land contains 34,188 sq. ft. or 0.785 acre, more or less (f), and maybe object to any rights -
of -way or other easements of record or as now existing on said described parcel of land.
SURVEYORS STATEMENT
I, Michael Chad Dillca, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and that it is true and correct to the beat of myIce:mk dge
and belie£
Michael Chad !Aka - on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970)686-5011
1N: 20190710
X:/20190710/property desoriptions\PE2-CROISSANT.docx
7/13/2022 2:58 PM
4894946 Pages: 23 of 30
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Carly Koppea, Clerk and Recorder, Weld County , CO
4894946 Pages: 24 of 30
04/27/2023 01:12 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
LINE TABLE
LINE
BEARING
LENGTH
L1
N00'24'29'W
70.00'
L2
N89.58'46,
74.17'
L3
N00.01'14,
40.00'
L4
800'01'14"E
40.00'
/O'NA7LC CASANO LtY/L//A19GITKWP.R!//,£EL4�1''NT
^-7T1 HGB'/C SFRN(f LYJ�'ANYCJ� GtTC+P.4L♦7
(kErn AYJ. 3B+(ilf1J NA
SQ.Fl:
0.785 ACRE
(
LINE TABLE
LINE
BEARING
LENGTH
1.5
589.58'46.W
20.00'
L6
N00'01'14'W
20.00'
L7
800.0114"E
20.00'
LS
S89.58'46"W
30.00•
VED ROAD NEWQ15' REPORT -
PAGE 372)(30')
(QUIT CLAJM pEED-
BOOK 114 PAGE 343)(30')
V
N89 56'46'E 1659.41'
__ 7v'rra�xure�rour
-LS— mc/77LE nvcwPsavwA/rxorsmxr-I
PaNr of BEGINNIt10
EmmaCORNER
SECTION >�. T5N. R.67W.
POINT OF COMMFAJCadENT
$69'58'46'W 1609.41'
60'
W1'A, RE -1317
� o
BO' RIGHT -0£ WAY
(APPROVED ROAD VIEWERS' REPORT -
BOOK 48 PAGE 372){30')
(WI CLAIM GEm-- JO'wA7fR .OtEFA.SFA/ENT
BOOK 114 PAGE 343)(30) lb LN7/E !7/LN/PSAY
(QUIT CLAIM DEED- wglfR LYS1A/CT —
REC. NO. 4386647,)�/ �,q� NQ OZ.x.V/6fJ
ti
N
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7, 7%,SERNLL''LpNPANY Gds L1204AL'C
(� Na .�svivJ
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REL79ifR/Y.fC{£ 9TEF.fSEiL'Xr
7D 1.Y.9f£ENERGYT/ET17 S+�RIfrES IP
(REC A52 .1;7J2/R?f
1 I
0 RIGHT-OF-WAY
BOOK 48 P70; 2)NEWE )5' REPORT-
(QUn' CLAIM r3-4
BOOK 114 PAGE 313)(30')
50' 'E£ASE y
TO Nt37EAN.A.'O�' CPS LKWP.
CENTER QUARTER CORNER
SECTION 30, T.5N. R.67W.
IL
TVCR54
(BASIS OF BEARINGS)
N 89'58'46' E — 2619.6 2 `r
L(APPRDVED ROAD VIEWERS REPORT
BOOK 48 PAGE 312)[30')
(QUIT CWM OEED-DOOK 114 PAGE 313x30')
(GEED OF DEDICATION-REC. NO. 2980798)(10•)
/s Acci ss EsaM�vr
—TO FY.�/C .43tHlF LYNb°ANY[7� 4TXLIP.1lXl
REC: Aizc .��Cilfil .7B7.tR73t.�7,R71J
Michael Chad Dilkc — On Behalf Of King 5urvey0rs
Cot0rad0 Ucensed 61111,601101 Land Surveyor #36106
—4-
II
I L
.w'�caEEws�aLovr
— /a dts/oav:zcwE cos cnrwANr
(REc Na /r/L<7J
-L
117'NA7L4lAL CAS ANO
ceru�2cwcanavP�r7/NEEA.s�vr
TO Ham' '/C SLRNC�GgWPgNYQ�C0.'L14gtNJ
(Ara. MOT., .20,'₹Z/NE EASEMENT
TU 002, 61.46,
.StXlTi1S P
(T�c A7L ..cv2>w/J
100 50 0
100
SCALE IN FEET
SCALE: 1" =100'
4894946 Pages: 23 of 30
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII Igr(VAN ihillM L'lAi 11111
� m m
rtm�
N ri
i � X
U �
3 4 N
na
c a
m<F'1
71-7.S7
-',:17.117j-77;1;3.46, 34,188SQ.FI:
1659.41' 0.789 ACRE
LOTA, RE --0347
iu
G/ I
0 7 0 30' r -� S89'58'46'W 1609.41'
sQ I { f -Z-- --- —
WCR54__ �_
(BASIS _ OF BEARINGS)
gi
989'58'46"E 2619.82'_
amx�vr I
y �--'-CAS GYAYPANY I I
17/'P/PFl/A7�EASYR/6VT
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Ltdf2W/G4J/pyEA.47lFiYrIEWERS—mW/6}:IC .�AWLL�CZdIIPANY�LixRPRDO)(30') (l 'G NO, . 1)71 at7JD-BOOK 114 PAGE 343}(30�UIT CWM DEED-REC. ND- 4386897)
30' RIGHT-CFWAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 4$ PAGE 372)C'✓�)
=(OUR CLAIM DEED
114 PAGE 34.1x30')
DUSTIN C 6JAMIEA. CIIRISTENSEN
(REC NO. 4694877)
Michael Chad Dil a — On Beholf Of Kng Surveyors
CQtorado Licensed Prof6s8ional Land Surveyor #38106
////AA
I} 5uS3
80' L5
7d lK4TfX LAYE£ASEfIE/VT
m crrnE sav lYA7fF as�rcr
�-G ,yQ 0l'.ii7�6! SOUTHEAST CORNFii
i SECTION 19, T.5N_ R.6JW.
SCALE IN FEET
SCALE: 1 °=100'
NOIl01d30 1.183dOad
ML921 `N51 '6 L 03S t3S
EXHIBIT D
Description, Depiction, and Form of Temporary Construction Easement for Parcel TE
4894946 Pages: 26 of 30
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Carly Kopp., Clerk and Recorder, Weld County , CO
IIII Mill'IlJrialik I AININIKiilgdiik 11111
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Croissant Family Farm, LLC, a
Colorado limited liability company, (referred to herein as "Owner", whether one or more), and
the County of Weld, a body corporate and politic of the State of Colorado, through its Board of
County Commissioners (referred to herein as "County"):
WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner
a Temporary Construction Easement, covering that real property lying and being in the County
of Weld, State of Colorado, to wit:
The real property described and depicted on the attached Exhibit A
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force or effect two (2) years later, or upon the County's determination that
the Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting by or
on behalf of the County for the purpose of surveying, appraising, establishing, laying,
constructing, reconstructing, installing, realigning, modifying, replacing, improving,
adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling,
protecting, or repairing the roadway improvements, including the storage of materials
related to said roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has legal
access, for any and all purposes necessary and/or incident to the exercise by the County
of the rights granted to it hereunder. At the expiration of the term of this TCE, County
shall promptly repair any damage to Owner's property caused by County, its agents,
employees, contractors, guests, invitees, and all those acting by or on behalf of County so
as to maintain the Owner's property in substantially as good or better condition as existed
prior to use by County.
4. County agrees that any current access to the property from the Right -of -Way shall
remain open throughout the term of the TCE.
OWNER:
By: Title:
4894946 Paves: 27 of 30
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Carly Koppel, Clerk RUC IIII 1 1 Nisi ieNitilAMO DU till
EXHIBIT
(I of 3)
PROPERTY DESCRIPTION
A parcel of land, being part of Lot A, Recorded Exemption No. 0957-19-4-RE1347, recorded October 4, 1991 as
Reception No. 02265304 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SE1/4) of Section Nineteen (19), Township Five North (f.5N.), Mange Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly deserted as follows:
COMMENCING at the South Quarter (S1/4) comer of said Section 19 and assuming the South line of the Southeast
Qasrter (SEl/4) of said Section 19, being monummtalized by a #6 rebar with a 2'A" diameter aluminum cap stamped
"IS17662" in a monument box at the West end and by a#6 rebar with a VA" diameter aluminum cap stamped
"LS12374,1993" in a monument box at the East end, as bearing North 89°58'46" East, being a Grid Searing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2619.82 feet,
with all other bearings contained herein relative thereto;
THENCE North 00°24'29" West along the West lice of the Southeast Quarter (SE1/4) of said Section 19, also being
along the West line of said Lot A, a distance of 70.00 feet to a point being Seventy (70) feet, as measured at a right
angle, North of the South Imo of the Southeast Quarter (SE1/4) ad'said Section 19, said point being the POINT OF
BEGINNING;
THENCE continuing North 00°24'29" West along the Weal. of the Southeast Qu.er(SE1/4) of said Section 19,
also continuing along the West lime of said Lot A, a distance of 40.00 feet to a point being One Hundred Ten (110) feet,
as measured at a right angle, North of the South lice of the Southeast Quarter (SE1/4) of said Section 19;
THENCE North 89°58'46" East along a line being One Hundred Ten (110) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 853.10 feet;
THENCE North 24°45'25" West a distance of 199.60 feet;
THENCE North 49°39'57" East a distance of 63.42 feet;
THENCE South 55°12'06" East a distance of 75.19 feet
THENCE South 17°50'23" East a distance of 77.81 feet;
THENCE North 77°25'56" East a distance of 253.58 feet;
THENCE South 21°04'12" East a distance of 171.87 fed to a paint being One Hundred Ten (110) feet, as measured at
a right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE North 89°58'46" East along a line being One Hundred Ten (110) fleet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 521.12 feat;
THENCE South 00°01'14" East a distance of 40.00 fed to a point being Seventy (70) feet, as measured at a right
angle, North of the South lime of the Southeast Qa.er (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of and
parallel with the South line of the Southeast Quarter (SEI/4) of said Section 19 a distance of 1733.58 feet to the
POINT OF BEGINNING.
Said described parcel of land contains 125,160 sq. R or 2.873 acres, more or less (f), and may be subject to any rights -
of -way or other easements of record or as now abating on said described parcel of land.
SURVEYORS STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge
and belief.
Michael Chad a' ... - on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970)686-5011
IN: 20190710
X:120190710\ property descriptiondTCE-CROISSANT.docx
7/14/2022 11:02 AM
4894946 Pages: 28 of 30
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Carly Kopp., Clerk and Recorder, Weld County , CO
11111 IIr1Ltriv IiliVil 11tw 1 I gh+lea Bill
4894946 Pages: 29 of 30
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 I �hi !Mill; khiltd, lift LUCIA "Ill
m z _CENTER QUA ar CORNER
v r SECTION 79, T.5N. R.67W.
mm
UNE
L1
L2
L3
L4
LINE TABLE
BEARING
N00.24'29"W
N00'24'29,
N24'45'25• W
N49'39'57"E
70'/YA7URAL GAS'.4M' LYNi/UMGP7r4'/fl7'EI,WEE4,43/Er/T
-70 PU6L/C SERHG&"GYWPANY [3'"LYKCiPd00
(REG NGi .79!3742) s?7' JY.f7E4 UNEE156!i6JVT
IU urnE nAar�sav f En msnacr —
(� Aa ozazriss)
SOUTH QUARTER CORNER
S_ 10 1� T_f51. R_fi7W.
POINT OF COMMENCEMENT
I- wsian' wan�u cas
�.�.+�rEa�cr�arav srnnavEa.sa7rNr
ro P!/R1C.ffRY/tY' Lp!/P.9A'Y Lr'' LYXGPA00
!I
Zv'I�AUEEAsn77rmr
XL.-,- EGR'EA3',; 70 . HCfS LP
REk75"u 541.-a .¢NFYT
7D LYAYEEhY77GYT7EL0.99PNLESi LP
(?Ea Na .i332t6C)
VT.
T OF -WAY IED ROADNE('3' REPORT-
PAGE372)(307ooKAIM GEE 34
BOOK 114 PAGE 343)(30')
SO'.9FEZ/NE'Eq.Saty
R7 NESrfRY.5[�`'C4s Ltd
$ (KEGm 079fIU27)
CENTER QUARTER CORNER
SECTION 30, m. R.67W.
LENGTH
70.00'
40.00'
199.60'
63.42'
LINE
L5
L6
L7
LINE TABLE
BEARING
555'12'06"E
S17'50'23,
S00'01'14" E
LENGTH
75.19'
77.81'
40.00'
LOT A, RE -1347
4N
60' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT
BOOK 48 PAGE 372x30'}
(gUIT M OEED-
BODK f P -13, -Dc')
(qulr -
30' RIGHT-OF-WAY
(APPROVEp ROAD VIEWERS REPORT -
BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEEO-
BOOK it4 PAGE 343)(30') N89'58.46, 853.1e
S89'58'48"W 1733.58'
-40'------r-
_L
(BASIS OF BEARINGS)
- - - - - _N89'58'46"E 2619.82`
40' RIGHT-OF-WAY
(APPROVED ROAD NEWfli5' REPORT-
- BOOK 48 PAGE 72)(30
(OUI7 CLAIM DEED -800K 714 PAGE 343}(30)
(GEED OF DEDICATON-REC. NO. 2960798)(10)
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(Ai≤"G NQ .7T32�67/
253.5
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- r0 r1ESTEEW SLLd E is C0034.4,LPrLc nee In9,�oJ
DEETI/VC, AJAMIEA. £ /RAETENSEN
(REC. NO. 4694877)
Michas Chad 07ka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #36106
100 50 0 10
I _
SCALE IN FEET
SCALE: 1 "=100'
4894946 Pages: 30 of 30
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Carly Koppel, Clerk and Recorder, Weld County , CO
ElIMA NA M 'aL'#ti Yoh 11111
-1'4A
2;0
rOro
r•' s 253s
m
0
! Ne frIZY GY/VIY,ffA wr
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0' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT -
c 'o ' a7'�ruu��ASEa�vr —BoaK 4e PAGE 372)(30')
t
o�9 TOOIM'EfNE/rGYikZD ,9.7PlKt !P(QUIT CLAIM OEED-
w'7 (FEG NQ .�S.L72ISTJBOOK 74 PACE 343)(30')
a '74
N89'58'48'E 521.12'
� a // // 1v'res>Fxu,�Ea�rHr
a yi �( //// 1 // / 178/0 S 1- X `/�j/�/ h TO linW SOY 711; LYSThYCT �I
rt o a 2.873 ACRES J ( OZ.�,ii1GsJ� SECTIONu 9,ET 5N CR 67W.
°� � — — — — —t 58
9'58'46"W 1733.56'
m 10' _i___ i
1 1 WcRS4
(BASIS OF BEARINGS)
I az< - _ _ :9 582 2619.82' _ - -
I t_l_
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(APPROVED ROAD NEWERS' REPORT--,,,,,',,,,IOL'E"IZAIY[3�GYYgPA00
BOOK 48 PAGE 372)(30') (RE[: Na .3gici/i1J
(WIT CLAIM ZEED-BOOK 114 PAGE 343)(30')
(QUIT Ci1JM GEED-REG NO. 4386697)
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LOT A, RE --1347
DUSTINC &JAMIEA. CYMISTENSEN
(SEC NO, 4694877)
Michael Chad DilkO — On Behalf Of King Surveyors
Colorado Licensed P1014640001 Land Surveyor #38106
— 10S50"NR7lb4AL GAS I
P.IoEZA0046 C�/A/!M'TG>ODpYEA.47/ENT
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(APPROVED ROAD VIEWERS' REPORT —
BOOK 48 PAGE 372){30')
(ONT CLAIM DE® —
BOOK 774 PAGE 343)(30')
100 50 0 100
SCALE IN FEET
SCALE: 1"=100
/ EAE4tyUELBE2ZTRU.ST
(£ o £) vnamxi
ML92:1 `N91 `6L 03S t3S
Contract Form
[ew Contract Request
Entity Information
Entity Name* Entity ID*
CROISSANT FAMILY FARM LLC @00038842
Contract Name.
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6820
Contract Lead.
TVJOHNSON
Contract Lead Email
tvjohnson@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description.
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN CROISSANT FAMILY FARM,
LLC AND WELD COUNTY, COLORADO. AGREEMENT INCLUDE ROW,PE FOR LTWD, PE FOR DCP , AND A TCE.
Contract Description 2
Contract Type.
AGREEMENT
Amount.
$118,800.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
CO U NTYATTO RN EY@WELD G
OV.COM
Requested BOCC Agenda
Date.
04/12/2023
Due Date
04/08/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept to be included?
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
FC-ontract Dates.
i Effective Date
Review Date.
04/12/2023
Renewal Date
Termination Notice Period
Committed Delivery Date Expiration Date*
04/12/2025
IContact Information
i
Contact Info
Contact Name
Contact Type Contact Email Contact Phone 1 Contact Phone 2
IPurchasing
Purchasing Approver
Purchasing Approved Date
SApproval Process
Department Head
.CURTIS HALL
DH Approved Date
04/10/2023
Finance Approver Legal Counsel
CHERYL PATTELLI BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
04/10/2023 04/10/2023
Final Approval
I
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/17/2023
Originator
TVJOHNSON
Tyler Ref #
AG 041723
MEMORANDUM
TO: Clerk to the Board DATE: June 16, 2023
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Consent Agenda- Acceptance of Deed of Dedication
CONTRACT ID: 6820
RE: Bridge Reconstruction for Bridge 54/13A
Acceptance of Deed of Dedication for Public Road Right of Way as Approved in the Agreement for Purchase of
Certain Property for Public Road Improvements between Croissant Family Farms and Weld County, Colorado
dated April 17, 2023, at docket number 2023-1084.
Cbnicrrt
lc/2l /2,3
icipA
ec..-7q,)(1 p 3 -1‘,AAzi-fr'71-4-a--
crs
Z.02,3 -1o4
Ec oogl
4905698 Pages: 1 of 4
08/26/2023 03:56 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
indlin.1114Ild I 1,61N,I)IIIIII/ACM114k 1I 111
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this ocl ' day of , 2023 between Croissant Family Farm, LLC,
a Colorado limited liability company (referre o herein as "Grantor", whether one or more), and the County
of Weld, a body corporate and politic of t e State of Colorado, by and through its Board of County
Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" 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 A.
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.
GRANTOR:
By:
STATE OF COLORADO
ss.
Title: rt
�de
COUNTY OF WELD )
The foregoingte�trument was acknowledjed before me this jday of Colorado , 2023,
Y
liability company.
Witness my hand and official seal.
My Commission Expires: )(, j ZQ Z
MITCHELL HAUFF
Notary Public
State of Colorado
Notary ID* 20144016002
CDnuQission ires 04-16-2026
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(l)(a).
T
Dated this pi/ S day of , 2023.
ATTEST: V,,,ceitilt)
< • jeL,BOARD OF COUNTY COMMISSIONERS
Weld ' o my Clerk to the
By
Deputy
TY, COLO
o—Tem, Board County Commissioners
*No Deed of Dedication is va oard of County Commissioners pursuant to C.R.S.
43-2-201(1)(a).11nsgacP`�
4905698 Pages: 2 of 4
06/28/2023 03:56 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 Mit WAIN' MOM W4 LY/ID MARI II1
EXHIBIT A
(1 of 3)
PROPERTY DESCRIPTION
A parcel of land, being part of Lot A, Recorded Exemption No. 0957-19-4-RE1347, recorded October 4, 1991 as
Reception No. 02265304 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SEl/4) of Section Nineteen (19), Township Five North (T.5N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S1/4) comer of said Section 19 and assuming the South line of the Southeast
Quarter (SEI /4) of said Section 19, being monumentalized by a #6 rebar with a 2," diameter aluminum cap stamped
"LS 17662" in a monument box at the West end and by a #6 rebar with a 2 %" diameter aluminum cap stamped
"LS 12374, 1993" in a monument box at the East end, as bearing North 89°58'46" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2619.82 feet,
with all other bearings contained herein relative thereto;
THENCE North 00°24'29" West along the West line of the Southeast Quarter (SEl/4) of said Section 19, also being
along the West fine of said Lot A, a distance of 30.00 Feet to the North Right-of-way line of Weld County Road 54 as
established by that Quit Claim Deed recorded June 18, 1895 in Book 114 at Page 343 of the records of the Weld
County Clerk and Recorder and also by that Approved Road Viewers' Report recorded April 17, 1895 in Book 48 at
Page 372 of the records of the Weld County Clerk and Recorder, said North Right-of-way line being Thirty (30) feet,
as measured at a right angle, North of and parallel with the South line of the Southeast Quarter (SE1/4) of said Section
19, said point being the POINT OF BEGINNING;
THENCE continuing North 00°24'29" West along the West line of the Southeast Quarter (SEl/4) of said Section 19,
also being along the West line of said Lot A, a distance of 40.00 feet to a point being Seventy (70) feet, as measured at
a right angle, North of the South line of the Southeast Quarter (SEl/4) of said Section 19;
THENCE North 89°58'46" East along a line being Seventy (70) feet, as measured at a right angle, North of and parallel
with the South line of the Southeast Quarter (SEI/4) of said Section 19 a distance of 1733.58 feet;
THENCE South 00°01'14" East a distance of 40.00 feet to said 30' North Right-of-way line;
THENCE South 89°58'46" West along said 30' North Right-of-way line a distance of 583.51 feet to the North Right-
of-way line of Weld County Road 54 as established by that parcel of land described as RW-1 in that Quit Claim Deed
recorded March 29, 2018 as Reception No. 4386697 of the records of the Weld County Clerk and Recorder;
The following Three (3) courses and distances are along said No. Right-of-way lines established by said parcel RW-
THENCE North 00°01'14" West a distance of 30.00 feet to a point being Sixty (60) feet, as measured at a right angle,
North of the South line of the Southeast Quarter (SEI/4) of said Section 19;
THENCE South 89°58'46" West along a line being Sixty (60) feet, as measured at a right angle, North of and parallel
with the South line of the Southeast Quarter (SEl/4) of said Section 19 a distance of 300.00 feet;
THENCE South 00°01'14" East a distance of 30.00 feet to said 30' North Right-of-way line;
THENCE South 89°58'46" West along said 30' North Right-of-way line a distance of 849.80 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 60,338 sq. ft. or 1.385 acres, more or less (t), and may be subject to any rights -
of -way or other easements of record or as now existing on said described parcel of land.
SURVEYORS STATEMENT
1, Michael Chad Di1ka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge
and belief.
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970)686-5011
JN:20190710
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LINE
BEARING
LENGTH
It
ROO 24'29•W
30.00'
L2
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40.00'
L3
500'01'14•E
40.00'
L4
N00'01'14,
30.00'
L5
500.01.14.E
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30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372x30')
(WIT CLAIM DEED -
BOOK 114 PAGE 343030) N89.58" 48•E 1733.58'
60• RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT -
BOOK 48 PAGE 372030')
IT CLAIM DEED-- JO' AW/ER CALF EAsazvr
BOOK 114 PACE 343x30') - '11172'21
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(RIFF 0$42 I1CTJ
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0$7 LL'RF61fAi7'AIF7D.47M2�S LP
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(APPROVED ROAD V1EwER9• REPORT -
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40 RIGHT—OF—WAY
(APPROVED ROAD VIEWERS' REPORT-
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(OUT CWM DEED -BOOK 14 PACE 343x30)
(DEED OF OFDICATION-REC. N0 2980798x10'}
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Colorado Licensed Professionol Land Surveyor #38106
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100 50 0
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4905698 Pages: 3 of 4
06/26/2023 03:38 PM R Fee :$0.00
Carly Kopp's, Clerk and Recorder, Weld County , CO
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LOT A, RE -1347
30' RIGHT-OF-WAY
(APPROVED ROAD NEW3.7 REPORT-
-BOOK 48 PAGE 372X30')
(QUIT CLAIM DEED -
BOOK I. PAGE 343)(30')
X
WCR 54 S8s'58'46"w
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(BASIS OF BEARINGS)
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(OUT CLAIM DEED -BOOK 114 PAGE 343)(30)
(QUIT CLAIM DEED-REC. N0. 4386697)
DUSTINC 80JAMIEA. CHRISTENSEN
(REC NO. 4694877)
100 50
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(QUIT CLAIM OFEO-
BOOK 114 PAGE 343)(30,
100
SCALE IN FEET
SCALE: 1" =100'
EMANUEL165777REIST
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4905698 Pages: 4 of 4
08/26/2023 03:58 PM R Fee:$0,00
Carly Koppel, Clerk and Recorder, Weld County , CO
1111 I C1NMOLPAMi JCPihtU AI 11111
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0'24'29"W 2631.59'
LINE TABLE
UNE
BEARING
LENGTH
L1
NO0'24'29•W
30.00'
L2
NO074.29"W
40.00'
L3
500'01'14"E
40.00'
L4
N00.01'14'W
30.00'
L5
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(APPR4: ROAD 2,V7 5' RFPORT-
B001C 48 PAGE 372x30')
(Darr cwM DEm-
BOOK 114 PACE 3430301 889.88'48'E 1733.58'
60' RIIEr'F-WAY
(APPROVED ROAD NEWER5 REPORT -
BOOK 48 PAGE 372X30')
(QUMAN
AIM DEED-
BOOK 114 PAGE 343x30')
6g60338 50SF. (QUIT CLAIM DEED-
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(APPROVED ROAD 21X3 1 REPORT-
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(OUT CLAIM DEED -BOOK 114 PAGE 313x30)
(DEED OF DUCATON-REC. NO. 2980798x10')
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DUSTINC. eftJAMIEA. CIRISTENSEN
(REC. NO. 4A94827)
Michael Chad Dilko — On Behalf Of King Surveyors
Colorado Lieensed Professionol Lend Surveyor #38106
100 50
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SCALE IN FEET
SCALE: 1"-100'
z) V fl IHXa
4905698 Pages: 3 of 4
08/28/2023 03:58 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
4905699 Pages: 1 of 9
08/28/2023 03:58 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIII 1IBill
Easement and Right of Way Agreement This Easement and Right of Way Agreement, made and entered into as of thee-[[ day of
2023 by and between Croissant Family Farm, LLC, a Colorado limited liability company herein er
called "Grantor" (whether grammatically singular or plural), and the LITTLE THOMPSON WATER
DISTRICT, a quasi -municipal corporation, 835 East Highway 56, Berthoud, Colorado 80513,
hereinafter called the "District."
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Grantor hereby grants, sells, conveys and transfers to the District, its successors and assigns, the sole,
exclusive and permanent right to enter, re-enter, occupy and use the hereinafter described property to
construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace,
remove and operate one or more lines for the transmission, distribution and service of water, and all
underground and service appurtenances thereto, including metering stations, vaults, enclosures,
identification signs and other fixtures, over, across, under and upon the following described land, situate
in the County of Weld, State of Colorado, to wit:
PT SE IA 19-5-67 LOT A REC EXEMPT RE -1347 EXC BEG S '/a COR THENCE S87D57'W 850.13
N00D0I'W 30.00 N89D58'E 300.00 S00D0I'E 30.00 S89D58'W 300.00 TO POB
1) A permanent water line easement 20 feet in width as described on Exhibit A attached hereto (the
"Permanent Easement"); and
2) A temporary construction easement described on Exhibit A attached hereto (the "Temporary
Easement"), which shall commence upon mailing of notice to Grantor of commencement of
construction and automatically terminate and thereafter be null and void at the earlier of (i)
completion of the water line or (ii) two years from the date of mailing of the notice to Grantor
GRANTOR FURTHER GRANTS TO THE DISTRICT:
(a) The right to grade the Permanent Easement for the full width thereof and to extend the cuts and
fills with such grading into and on the land along and outside the Permanent Easement to the
extent as the District may find reasonably necessary;
(b) The right to support the pipelines across ravines and water courses with such structures as District
shall deem necessary;
(c) The right of ingress to and egress from the Permanent Easement over and across the land by
means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantor; provided that such right of
ingress and egress shall not extend to any portion of the land which is isolated from the Permanent
Easement by any public road or highway now crossing or hereafter crossing the land; provided,
further, that if any portion of the land is or shall be subdivided and dedicated roads or highways
on such portion shall extend to the Permanent Easement, the right of ingress and egress on the
portion shall be confined to such dedicated roads and highways;
(d) The right of grading for, constructing, maintaining and using such roads on and across the lands
as the District may deem necessary in the exercise of the right of ingress and egress or to provide
access to property adjacent to the land;
LTWD Form 200
7— - a 5
Page l of 4
o7vot3--/0t/
4905699 Pages: 2 of 9
06/26/2023 03:56 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ktitr MIEN ti'It! 11111
(e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross
the Permanent Easement;
(f) The right to mark the location of the Permanent Easement by suitable markers as determined by
the District, or as otherwise approved by the Grantor, set in the ground; provided that any such
markers remaining after the period of construction shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor shall make of the Permanent Easement;
and
(g) All other rights necessary and incident to the full and complete use and enjoyment of the right-
of-way and easement for the purposes herein granted.
GRANTOR HEREBY CONVENANTS AND AGREES:
(a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or
tree on the described easement; and the District shall not be liable for their removal if they are so
placed, and Grantor agrees, at Grantor's sole expense to so remove such items.
(b) Once water line construction is complete, the Grantor shall not diminish the ground cover over
the water lines and shall not substantially add to the ground cover over the water lines or their
appurtenances by and between; diminish more than 0.50 feet or add to by more than 1.0 foot
unless approved in writing by the District.
(c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over
said property without the written consent of the District.
(d) Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend
the title thereto against all claims and that said lands are free and clear of encumbrances and liens
of whatsoever character.
THE DISTRICT HEREBY COVENANTS AND AGREES:
(a) The District shall not fence or otherwise enclose the Permanent Easement, except during periods
of construction and repair.
(b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly
backfilled and as much, of the original surface soil as possible shall be placed on top. All large
gravel, stones and clods will be removed from the finished backfill. The District will finish the
backfill after normal settling of the soil so that the use and enjoyment of said land by Grantor
shall be suitable for the purpose now used. The District will maintain the trench area and buried
water pipeline during installation. Reinstallation and maintenance of said waterline.
(c) In the event that the above -described lands are being used for grazing purposes, the District agrees
that during the period of construction of the pipeline hereunder, or any subsequent altering,
removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said
right-of-way Permanent Easement for the cattle and livestock of Grantor and his tenants and
lessee. Further whenever it becomes necessary for the District, its agents or contractors to cut a
fence on the above -described lands. The District agrees, at its option, either to keep the gap closed
or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock
through such gap or to construct at such place or places substantial gates with dual locks and
furnish Grantor with one set of keys thereto. Before any such fence is cut by the District, the
same shall be braced in order to prevent slackening of the wires along with fence in each direction
from the District's temporary gap.
LTWD Form 200 Page 2 of 4
4903699 Pages: 3 of 9
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Carly Koppes, Clerk and Reoorder, Weld County , CO
IIIII MAT y i!I MhPrIRh' Iik 111111
(d) In the event that the above -described lands are being used for the growing of a crop which requires
irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise
provided for to install and operate flumes or appropriate crossing devices across the right-of-way
at all times during such construction operations. The District further agrees, unless otherwise
provided for, not to block, dam or obstruct in any manner, any irrigation canal, drainage ditches,
or creeks located on said lands, and also agrees to replace or repair any levees or banks disturbed
or damaged by the District's operations on said lands.
(e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused
by any wrongful exercise of the rights of ingress and egress or by wrongful or negligent act or
omission of or of its agents or employees in the course of their employment.
(fl The District agrees to allow Poudre Valley REA (PVREA) to occupy the southerly 4 feet of the
20' easement described in Exhibit A and the southerly 7' of the 20' easement in areas described
in exhibit B as a perpetual right of way and easement for the relocation of the existing overhead
powerline. All work shall be coordinated with the District prior to construction. The District
shall allow Poudre Valley the use of the full width described in Exhibit A as a temporary
construction easement for the initial construction. PVREA shall not grant any other easement
right of way or permit or license upon, under or over said property without the written consent
of the District.
IT IS MUTUALLY AGREED BY THE PARTIES:
(a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and
Grantor shall not grant any right in the surface or otherwise that will materially interfere with the
rights and privileges herein granted to the District.
(b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to
and be binding upon the respective personal representatives, successors, and assigns of the parties
hereto.
(c)
Grantor reserves the right to use and occupy the Permanent Easement and for any lawful purpose
consistent with the rights and privileges granted herein, so long as such uses do not unreasonably
interfere with or endanger any of the District's facilities on or under the Permanent Easement.
Without limitation, Grantor reserves the following rights: (i) to alter or replace any fence or gate
on the Permanent Easement such that it meets the separation requirements of the District and
provides the District uninterrupted access to the Permanent Easement, (ii) to use the Permanent
Easement for open space areas with or without landscaping, (iii) to use the Permanent Easement
for utility lines crossing at right angles with prior approval by the District to ensure appropriate
separation; and (iv) to use maintain, repair, and replace irrigation facilities located on the
Permanent Easement and to add new irrigation facilities while maintaining adequate separation
requirements from District facilities. Other recreation areas and uses, maybe allowed by the
District subject to review and written approval issued from the District.
LTWD Form 200 Page 3 of 4
9
4905699 Pages: 4 of 9
08/28/2023 03:68 PM R Fee:50.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII ME E TRIO IR III II
IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this Z S day of
, 2023.
STATE OF COLORADO
COUNTY OF IA/... 1l
}
}
}
The foregoing instrument was acknowledged before me this 24 day of
, 2023
by as,/tv G of Croissant Family Farm, LLC, a Colorado limited
liability company as Grantor.
MITCHELL HAUFF
Notary Public
State of Colorado
Notary ID # 20144016002
My Commission Expires 04-16-2026
{Notary Seal}
Public
My commission expires:
LTWD Form 200 Page 4 of 4
Zozb
4905699 Pages: 3 of 9
06/26/2023 03:56 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
DOR IS M!'tiM PI DMZ I WIN, 11111
EXHIBIT A
(1 of 3)
PROPERTY DESCRIPTION
A strip of land, Twenty (20) feet in width, being part of Lot A, Recorded Exemption No. 0957-19-4-
RE1347, recorded October 4, 1991 as Reception No. 02265304 of the records of the Weld County Clerk and
Recorder, located in the Southeast Quarter (SE1/4) of Section Nineteen (19), Township Five North (T.5N.),
Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S1/4) corner of said Section 19 and assuming the South line of the
Southeast Quarter (SE1/4) of said Section 19, being monumentalized by a #6 rebar with a 2 'h" diameter
aluminum cap stamped "LS17662" in a monument box at the West end and by a #6 rebar with a 2'/2"
diameter aluminum cap stamped "LS 12374, 1993" in a monument box at the East end, as bearing North
89°58'46" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983/2011, a distance of 2619.82 feet, with all other bearings contained herein relative
thereto;
THENCE North 00°24'29" West along the West line of the Southeast Quarter (SE1/4) of said Section 19,
also being along the West line of said Lot A, a distance of 70.00 feet to a point being Seventy (70) feet, as
measured at a right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19, said
point being the POINT OF BEGINNING;
THENCE continuing North 00°24'29" West along the West line of the Southeast Quarter (SE1/4) of said
Section 19, also being along the West line of said Lot A, a distance of 20.00 feet to a point being Ninety (90)
feet, as measured at a right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section
19;
THENCE North 89°58'46" East along a line being Ninety (90) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 1683.72
feet;
THENCE South 00°01'14" East a distance of 20.00 feet to a point being Seventy (70) feet, as measured at a
right angle, North of the South line of the Southeast Quarter (SEl/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SEl/4) of said Section 19 a distance of 1683.58
feet to the POINT OF BEGINNING.
Said described parcel of land contains 33,673 sq. ft. or 0.773 acre, more or less (±), and may be subject to
any rights -of -way or other easements of record or as now existing on said described parcel of land.
SURVEYORS STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking and that it is true and correct to the
best of my knowledge and belief.
Michael Chad Dilka - on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 20190710
X:\20190710\property descriptions\PE1-CROISSANT.docx
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'24'29"W 2631.59'
CENTER QUARTER CORNER
SECTION 19, T.SN. R.67W.
LINE TABLE
UNE
BEARING
LENGTH
L1
N00'24'29"W
70.00'
L2
N00'24'2VW
20.00'
L3
S00'01'14"E
20.00'
/0,4ARAL GIS ANO CGM/A/ON lint, P/ AW E.ENENT
lO P//BC/=?;)''
I/PANY Q� LLYCWA00
/REC. NO
17' lYA7ER CNIE EASi'YENT
TO L/T7CE 20' 10: NAIER pS€7;, -
/AL�C NQ 01.W16�f
LOT A, RE -1347
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -
BOOK 114 PAGE 343)(30')
N89'58'46"E 1683.72'
33,673 00 FF.
0.773 ACRE
60' RIGHT-OF-WAY
(APPROVED ROAD VIEWERSREPORT-
BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED --
BOOK 114 PAGE 303)(30')
UIT CLAIM DEW-
REC. N0. 4386697)
\
3O' lYA7ER L/NE Ehtllip NT
TO UT2E lf/QI/PSZ;iY
(REc: WARN Dimmer- \
Na a1,zTJ/6sJ
POINT OF BEGINNING
SOUTH QUARTER CORNER
—SECTION 19 T.SN. R67W.
POINT OF COMMENCEMENT
Ir
/6i
S89'58'46,1/ 1683.58'
72o• /w///////
-ter
I �I�50,100' NA WRAC G.
MEMR/REQ'KATUP S AAGJV &fin .
TO PY/�'lC St77M'.1" GC71/PANY Q� CYYLWADO
(REC NO. 39+V/RiJ
20' P/PE),E EA.SM/ENT
TO 00YE.0M'YM20 2MfaS LP
/REC A7:2 .1.V1/6,
0706374300098(335007
-717 O/M'E ENERCYf7E20 .5FR61GL`S CP
/REC NO ..L.V2l66f
30' RIGHT-OF-WAY'
(APPROVED ROAD VIEWERS' REPORT -
BOOK 48 PAGE 372)(30')
UIT CLAIM DEED -
800K 114 PAGE 343)(30')
F
Si<A/ENT
10.",;137:41A E GAS 02I/P.Y
O2/f
CENTER QUARTER CORNER
SECTION 30, T.SN. R.67W.
40'-----J-
1
WCR54_ _
(BASIS BEARINGS)
N89'58'47. E 2619.82'
40' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-800K 48 PAGE 372)(30')
(QUIT CLAIM DEED -800/ 114 PAGE 343)(30')
(DEED 07 DEDICATION-REC. NO. 2960798)(10')
/5" ACCESS EASE 7,
-117 P/,�!/C GI'XC1fA00
/REC NQx.11C,%="31; JIS'75907)
----TT
I I
I L
10'NARAPAC G4S.0
/*/_//'///
'//l/
�T
50' P.PEUNE EASTMENT
-TO NESIEi9V SYQY G45 COW..
/032/530/600/343/
1
_ GYWACUN/CAAQV HE EASZ2/ENT
PG:51f Cp1CPANY Q, CY ag.°
(RFC NO. ,W,J10 10' P/PEC/NE EASFA/ENT
TO L1'AF£ ENERCYT7ECO.47TcfeLS CP
/hEC NQ .�iJ1I67/
DLTSTINC. JA Al EA. CHRISTENSEN
(REC. NO. 4694877)
100 50
0
100
SCALE IN FEET
SCALE: 1"=100'
.Z1
N
0
4905699 Pages: 6 of 9
08/28/2023 03:58 PM R Fee:$0,00
Carly Koppel, Clerk and Recorder, Weld County , CO
11111 III III
10 _
\
BEADIYAY Nt74 EA. 3.7VT
BE
NEZO CLY/NJY
(REC NQ I t96G9BJ
10re=
P/A2AYE FA.49/ENT
J0O e ENE3GYf7EZ0 .ZAtlea CP
NYC NO..T3.724,
\ I-
a m YENt HET
n o7J
N89'58'46"E 1683.72'
33,673 SQ.FT.
o.n3 ncxs
LOT A, RE -1347
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -
BOOK 114 PAGE 343)(30')
L S89'58'46"W 1683.58'
10' OAhF UNE EA.SEA/ENT
roE1071E6684 0%03783203%67
(3EG N0. 01.3UJE SOUTHEAST CORNER
SECTION 19. T.SN. R67W.
1
J (BASIS OF BEARINGS)
N89'58'46"E 2619.82'_
60' RIGHT-OF-WAY
(AP76OVED 8030 VEWER5' REPORT -
BOOK 46 PAGE 372)(30')
(0013 CLAIM DEED -BOOK 114 PAGE 343)(30')
(QUIT CLAIM DEED-REC. N0. 4386697)
20.P/PEZ/NE EA-47.AT
- lU OG4f'E EAQ�ACYf7E70 .SERVICE$ EP
REC NO. 337/151/
JO'NAlU3AC CAS AM1O
0249/MWG47/CW E427/ENT
- R7 PNd'/C sower CGM/PANY OF CLzawa
NYC Na A NI,
DUSTING, et JAM1'A. CHRISTENSEN
(REC NO. 4694877)
Michael Chad DilkO On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
10650' NA 77.4246 CAS 1
P/A.2/�ANO ccw.uuNrc.4nav EA,s�/E,vr
TO PUR:/C .SFiPNL1r CQI/PANY p� CCYQPALY7
(3Ec Na .Ta�n3/ —
0' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -
BOOK 114 PAGE 343)(30')
100 50 0 100
1-1 i _
SCALE IN FEET
SCALE: 1"=100'
/ EMANUBL BETZTRUST
NOIl01d30 1.1213d021d
ML921 'NSl '61. 03S t3S
4905699 Pages: 7 of 9
06/26/2023 03:56 PM R Fee:$0.00
Carly Kopp's, Clerk and Recorder, Weld County , CO
1111 FA' 1+Nl#i WIN 11111
4905699 Pages: 8 of 9
06/26/2023 03:56 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
O
DATE
: EXHIBIT B
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Valley
EA
o
INITIALS
: - SHEET
1
OF 2
WORK
ORDER
NUMBER:212202
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BASE COMPILED FROM:
LANDDATE
REVISION
RSION
SUBDIVISION NAME
MAP NUMBER
ReFe
uSGS DIPTAL LINE GRAPH FILES STATE
STATE PLANE - COLORADO NORM. NA0- PI��ti r-
('1ry
DRAWING FILE NAME: Matt T Weld County Road 54 Valley EA
Widening/WCR 54 Brldge xhlbit A.dwg
3/2/23
MPT
WCR
54
Bridge
5
-
N69W 1
9
STATE
i
COLO.
1
WELD
4905699 Pages: 9 of 9
06/26/2023 03:56 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIIN���R:hk'lMN�44�tik1id41'�Y1�f�IL'GGP��h�l'�YkJ� �IIII
DATE :
INITIALS :
WORK ORDER NUMBER:212202
LOC
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LAND BASE COMPILED FROM.
USGS DIGITAL UNE GRAPH FILES
STATE PLANE - COLORADO NORTH. NAD-
DRAWING FILE NAME: Matt T%Weld County Road 54
Widening/WCR 54 Bridge Exhibit A.dwg
`i3
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EXHIBIT B
SHEET 2 OF 2
It
120*------ 12".
UDRE VALLEY R.E.A
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COUNTY
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12 - ---- 12•w
Fe -
14.
SUBDIVISION NAME
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Valley
FO- - - - - P-
- 7.11ta ---
P/C"ft
MAP NUMBER
WCR 54 Bridge 5N69W 1 9
4905700 Pages: 1 of 5
08/26/2023 03:56 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
AN IA1II14« L AI II
NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be
constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and
before construction is commenced,
Croissant Family Farm, LLC
49316 County Road 83
Briggsdale, CO 80611
hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to DCP
Operating Company, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and non-
exclusive easement, twenty (20) feet in width for a temporary easement for initial construction for this line only and a
permanent non-exclusive easement of twenty (20) feet in width, for the purpose of a single pipeline, and from time to
time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing a single pipeline or other
appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of
the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the
following described land located in WELD County, State of COLORADO, to wit:
Township 5 North. Rance 67 West of the 6t'' P.M.
Section: 19
Said temporary construction easement and permanent non-exclusive pipeline easement being more particularly
described on Exhibit "A" attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline, or any of them, on, over and across said land
and adjacent land of Grantor. Grantor hereby agrees to granting access to Grantee for the use of the existing access
roads, field roads, driveways, or otherwise as specified by Grantor onto the property as necessary for the initial
construction and installation of the associated pipeline including any future access for inspection as reasonably
necessary. Grantor will grant mutually agreeable alternate ingress and egress, which shall not be unreasonably
withheld. After the initial construction of the pipeline DCP may require, from time to time, additional temporary work
space parallel and adjacent to the right-of-way in order to exercise the rights herein granted. Grantor hereby consents
to Grantee's use of temporary work space as reasonably necessary to conduct such operations.
It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty-eight (48) inches
below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the
right to fully use and enjoy the above described premises subject to the rights herein granted.
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition
and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said
temporary construction easement shall terminate.
Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent
right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the
herein granted right-of-way that will interfere with the normal operation and maintenance of said line.
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber,
fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted;
provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages
gd—
4903700 Pages: 2 of 5
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Carly Koppel, Clark and Recorder, Wald County , CO
11111 PAC IMM���'� �I��Z h�tiFI���I� Y4 11111
caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights
herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial
consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction
of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or
any other property owned by Grantor. If the property is leased, Grantee will settle actual damages with the tenant.
Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will
make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of
time.
The grant is made in consideration that Grantee, its successors and assigns, shall hold Grantor, its successors and
assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein
granted.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors, and assigns of the parties hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as
long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this 2 S '44day of / , 2023
signed, sealed, and delivered in the presence of:
Croissant Family Farm, LLC, a Colorado limited liability company
By:
STATE OF COLORADO
SS.
COUNTY OF WELD
Title: 1,747-3.3
ACKNOWLEDGEMENT
Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared,
as j of Croissant Family Farm, LLC, a Colorado limited
liability company, known to me to be t'hesame persons who executed the within and foregoing instrument, and
acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes
and consideration therein expressed.
Given Under My Hand and Seal of Office, this Z Sday of ./617.- , A.D. 2023.
My commission expires:
/L ZDz/
MITCHELL HAUFF
Notary Public
State of Colorado
NotarylD #I 20144016002
My Commission Expires 04-16-2026
tam?4 � �
Notary Public
1-
490°3700 Pages: 3 of 5
00/20/2023 03:50 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 N��1�Y�.I�rt' Nr141:I 10141 liCtiftlihil IMAM
II
EXHIBIT A
(1 of 3)
PROPERTY DESCRIPTION
A parcel of land, being part of Lot A, Recorded Exemption No. 0957 -19 -4 -RE 1347, recorded October 4, 1991 as
Reception No. 02265304 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SE1/4) of Section Nineteen (19), Township Five No. (T.5N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S1/4) comer of said Section 19 and assuming the South line of the Southeast
Quarter (SE1/4) of said Section 19, being monumentalized by a #6 rebar with a 2'/" diameter aluminum cap stamped
"LS 17662" in a monument box at the West end and by a #6 rebar with a 2 %:" diameter aluminum cap stamped
"LS 12374, 1993" in a monument box at the East end, as bearing North 89°58'46" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2619.82 feet,
with all other bearings contained herein relative thereto;
THENCE North 00°24'29" West along the West line of the Southeast Quarter (SEl/4) of said Section 19, also being
along the West line of said Lot A, a distance of 70.00 feet to a point being Seventy (70) feet, as measured at a right
angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE North 89°58'46" East along a line being Seventy (70) feet, as measured at a right angle, No. of and parallel
with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 74.17 feet to the POINT OF
BEGINNING;
THENCE North 00.01'14" West a distance of 40.00 feet to a point being One Hundred Ten (110) feet, as measured at
a right angle, North of the South line of the Southeast Quarter (SEl/4) of said Section 19;
THENCE North 89°58'46" East along a line being One Hundred Ten (110) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 1659.41 feet;
THENCE South 00°01'14" East a distance of 40.00 feet to a point being Seventy (70) feet, as measured at a right
angle, North of the South line of the Southeast Quarter (SE 1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of and
parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 20.00 feet;
THENCE North 00.01'14" West a distance of 20.00 feet to a point being Ninety (90) feet, as measured at a right angle,
North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Ninety (90) feet, as measured at a right angle, North of and parallel
with the South line of the Southeast Quarter (SEl/4) of said Section 19 a distance of 1609.41 feet;
THENCE South 00°01'14" East a distance of 20.00 feet to a point being Seventy (70) feet, as measured at a right
angle, No. of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of and
parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 30.00 feet to the POINT
OF BEGINNING.
Said described parcel of land contains 34,188 sq. ft. or 0.785 acre, more or less (t), and maybe subject to any rights -
f -way or other easements of record or as now existing on said described parcel of land.
SURVEYORS STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge
and belief.
Michael Chad Dilka - on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
IN: 20190710
X:\20190710\property descriptions\PE2-CROISSANT.docx
7/13/2022 2:58 PM
44-
v z -CENTER QUARTER CORNER
o v O SECTION 19, T.SN. R.67W.
��m I
ao y
Nom
N00'24'29"W 2631.59'
LINE TABLE
LINE
BEARING
LENGTH
L1
N 00'24'29"W
70.00'
L2
N89'58'46" E
74.17'
L3
N00'01'14'W
40.00'
L4
S00'01'14'E
40.00'
/O' NAAAPAL CAS ANO GTiVA/UN/CA)KW P/PfZ/NE EA.S2:f/ENT
— 70 P(/BC/C S its Lt21/PANY CK' CIXRPA00
( No..80043) 34,188 SQ.FT.
0.785 ACRE
J
LINE TABLE
LINE
BEARING
LENGTH
L5
S89'58'46"W
20.00'
L6
N00'01'14"W
20.00'
L7
500'01'14"E
20.00'
LS
S89'58'46'W
30.00'
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS REPORT-
-BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEW -
BOOK 114 PACE 343)(30')
N89'58'46"E 1659.41'
LOT A, RE -1347
O. RIGHT-OF-WAY
(APPROVED ROAD HEWERS' REPORT -
BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED --
BOOK 114 PAGE 343)(30')
(QUIT CLAIM EEO -
1 REC. N0. 4386697)
:6`220.
Y _
.T0' WA7fALAYEEA.SE,173; \�
)0 L/rnE Nh7NPSCW
WIER0/SMCT
(REG NO 02.7/64) \
20' NUM Ulf EAS.P9VT
TO 1/1711 NOW., MUIR A511arT
(I. NO 02,71645)
PdNT OF BEGINNING
I-
SOUTH QUARTER CORNER
STIN 19, T.SN. R.67W.
POINT OF COMMENCEMENT
�II 50x/Q7'AGANRAL 45.4.5'
_ NEIER/REGGEA7CM STANCJV EASEA/ENT
70 "TM'
.47PNLL� GTN/PANY � LYYCWA�
II (NEC M .:S94TIQ7)
20'�tT/F'E EA.4'a/E
RJ OU/fE' ENERCYHaNTSTRNLE.f' LP
(WC Na .T.tTTf66)
RELYAER/YAL!£ 971 EA.5?rNENT
TD LYAIEEA'ERCYflE10 ,99�'H(i$ LP
(PEG NO .1.331/66)
30' RIGHT-OF-WAY I
(APPROVED ROAD VIEWERS REPORT -
BOOK 18 PAGE 372)(30')
(QUIT T41:
LAIM DEED -
BOOK 114 PAGE 343)(30')
S' f9P1Z.R'E EA.SE.UENT
TO 11E57E9N .qO E CAS 0211PANY
(RFC NO 0/9!111/)
CENTER QUARTER CORNER
SECTION 30, T.5N. R.67W.
S89.58.46"W 1609.41
60'
L
(BASIS OF BEARINGS)
� r r - - - - _N89'58'46"E 2619.82'
r
40' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372)(30')
(QUIT CLAIM DEED -BOOK 1IN;
PAGE 343)(30')
(DEED OF DEDICATION-REC. NO. 2960798)(10)
I5' ACY. 1, EASEA/ENT
JO P//6Y/C .SERNQr LL71A°ANY Cl� Gp'A4A00
(REG NOs ,iRiCi/AS .197f103 6 ..,11.9)
38106 a o
WCR54
I I
I L
20' NA WA, GAS AA0
GYM/A/UN/CAI/OV P/PEI/NE EASZ<A/ENT
TO P1,49 SERNCE GOOPANY CJc CCYL19A00
JO MA 2' t7.7.,17,0 STRY1CT4 LP
(REC. NO 39113!457) 2YI' RPE!/NE EA.QrA/OVT
(ATC NO .724567)
DUSTINC e2-JAM/EA. CHRISTENSEN
(REC. NO. 4694877)
Michael Chad Dilka — On rot?' Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
50' PYPYLNE EA.52�7ILN7
70 MESOFW STCJ°E GIS COWAN,'
(AEG NO. /77$!90)
1
100 50
0 100
1-1 I _
SCALE IN FEET
SCALE: 1"=100'
4905700 Pages: 4 of 3
08/28/2023 03:58 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
F
\
LrA, 1,0 Y IlE7F E4327,ENT
TO Ik70 GL7/N1Y
(PEG NQ I,A96698)
10' P/PEUVE EASZ-NENT
\ —70 OG4YE'EJVERCYf/EZO,g7TyC£5 LP 34,1885Q.FT.
\ N89'58'46"E 1659.41' 0.785 ACRE 1
LOTH, RE1347
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 372)(30')
(OUIT CLAIM DEED -
BOOK 114 PAGE 343)(30')
589'58'46'W 1609.41'
-1�- -1
60' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT -
800K 48 PAGE 372x30')
(WIT CLAIM DEED -BOOK 114 PAGE 343)(30')
(WIT CLAIM DEED-REC. N0. 4386697)
G/20`
1
J (BASIS OF BEARINGS)
N89'58'46"E 2619.82'_ —
10' NARK ONEEAS'ENENT
TD LITRE 7NQAPSQV W TER LYS7FYCT
(REG N� OZi.'fsf SOUTHEAST CORNER
i SECTION 19, T.5N. R.67W. -
20,50' NAn�AL CAS F
f'/PtZbYE ANC Gi11fATUN9CAnav EA.SEfYENT
r0 P/2d:/C .4RNCE GYNTPANY CJ<' LYYpPA00
(REG NO 85847,
1TT' P/PEI/NE EA.Q:7/ENr
TD OUKE ENERCYf7EL0 SERNL2x LP
/Rea NO. 337✓154J
TO' NATURAL GAS ANO
Gl2fIJ/UN/CAnQV fYf><Lb1E EA,ffA/ENr
-TO PONLIC SEANCE Lt7f/PANY COLOS400
(IEG NO...C71I1f
DUSTING. e@ - JAMIE A. CHRISTENSEN
(REC NO. 4694877)
Michael Chad Dil a — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
30' RIGHT-OF-WAY
(APPROVED ROAD VIEWERS' REPORT-
-BOOK 48 PAGE 37)(30')
(QUIT CWM DEED -
800K 114 PAGE 343)(30')
100 50 0 100
1 _
SCALE IN FEET
SCALE: 1"=100'
EMANUALREM MUST
NOIl0Id30 1.12i3dO d
4905700 Pages: 5 of 5
08/26/2023 03:56 PM R Fee :$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
���� I �.rl �.l�r� 1h�4■4 'I�I��hM �1 h4�� N�4�1��4Y 111111
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Croissant Family Farm, LLC, a
Colorado limited liability company, (referred to herein as "Owner", whether one or more), and
the County of Weld, a body corporate and politic of the State of Colorado, through its Board of
County Commissioners (referred to herein as "County"):
WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner
a Temporary Construction Easement, covering that real property lying and being in the County
of Weld, State of Colorado, to wit:
The real property described and depicted on the attached Exhibit A
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force or effect two (2) years later, or upon the County's determination that
the Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting by or
on behalf of the County for the purpose of surveying, appraising, establishing, laying,
constructing, reconstructing, installing, realigning, modifying, replacing, improving,
adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling,
protecting, or repairing the roadway improvements, including the storage of materials
related to said roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has legal
access, for any and all purposes necessary and/or incident to the exercise by the County
of the rights granted to it hereunder. At the expiration of the term of this TCE, County
shall promptly repair any damage to Owner's property caused by County, its agents,
employees, contractors, guests, invitees, and all those acting by or on behalf of County so
as to maintain the Owner's property in substantially as good or better condition as existed
prior to use by County.
4. County agrees that any current access to the property from the Right -of -Way shall
remain open throughout the term of the TCE.
OWNER:
By:
Date: 'Mi. Z s Z D Z 3
Title:
gv
EXHIBIT A
(1 of 3)
PROPERTY DESCRIPTION
A parcel of land, being part of Lot A, Recorded Exemption No. 0957-19-4-RE1347, recorded October 4, 1991 as
Reception No. 02265304 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter
(SE1/4) of Section Nineteen (19), Township Five North (T.5N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S1/4) comer of said Section 19 and assuming the South line of the Southeast
Quarter (SE1/4) of said Section 19, being monumentalized by a #6 rebar with a 2'A" diameter aluminum cap stamped
"LS 17662" in a monument box at the West end and by a #6 rebar with a 2'A" diameter aluminum cap stamped
"LS 12374, 1993" in a monument box at the East end, as bearing North 89°58'46" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2619.82 feet,
with all other bearings contained herein relative thereto;
THENCE North 00°24'29" West along the West line of the Southeast Quarter (SE1/4) of said Section 19, also being
along the West line of said Lot A, a distance of 70.00 feet to a point being Seventy (70) feet, as measured at a right
angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19, said point being the POINT OF
BEGINNING;
THENCE continuing North 00°24'29" West along the West line of the Southeast Quarter (SE1/4) of said Section 19,
also continuing along the West line of said Lot A, a distance of 40.00 feet to a point being One Hundred Ten (110) feet,
as measured at a right angle, North of the South line of the Southeast Quarter (SEl/4) of said Section 19;
THENCE North 89°58'46" East along a line being One Hundred Ten (110) feet, as measured at a right angle, North of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 853.10 feet;
THENCE No. 24°45'25" West a distance of 199.60 feet;
THENCE North 49°39'57" East a distance of 63.42 feet;
THENCE South 55°12'06" East a distance of 75.19 feet;
THENCE South 17°50'23" East a distance of 77.81 feet;
THENCE North 77°25'56" East a distance of 253.58 feet;
THENCE South 21°04'12" East a distance of 171.87 feet to a point being One Hundred Ten (110) feet, as measured at
a right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE North 89°58'46" East along a line being One Hundred Ten (110) feet, as measured at a right angle, No. of
and parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 521.12 feet;
THENCE South 00°01'14" East a distance of 40.00 feet to a point being Seventy (70) feet, as measured at a right
angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 19;
THENCE South 89°58'46" West along a line being Seventy (70) feet, as measured at a right angle, North of and
parallel with the South line of the Southeast Quarter (SE1/4) of said Section 19 a distance of 1733.58 feet to the
POINT OF BEGINNING.
Said described parcel of land contains 125,160 sq. ft. or 2.873 acres, more or less (±), and maybe subject to any rights -
of -way or other easements of record or as now existing on said described parcel of land.
SURVEYORS STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge
and belief.
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
IN: 20190710
X:\20190710\property descriptions\TCE-CROISSANT.docx
7/14/2022 11:02 AM
PROPERTY DEPICTION
EXHIBIT A (2 OF 3)
SE
SEC
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NOTE: This exhibit drawing is not intended to be a monumentolized land survey. Its sole purpose is as a graphic
representation to aid in the visualization of the written property description which it accompanies. The written
property description supersedes the exhibit drawing.
,S9'9£9Z 3 10,10.00N
0M:WV AlI63L QNV7.107
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
email: contact@KingSurveyors.com
PROJECT NO:20190710
DATE: 7/14/2022
CLIENT:JUB ENGINEERS
DWG:TE-CROISSANT
DRAWN: SMF CHECKED: MCD
qL
PROPERTY DEPICTION I EXHIBITA (3 OF 3) I SEi SEC 19, T5N, R67W
NOTE: This exhibit drawing is not intended to be a monumentarzed land survey. Its sole purpose is as o graphic
representation to aid in the visualization of the written property description which it accompanies. The written
property description supersedes the exhibit drawing.
—
zsasxsass
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
email: contact@KingSurveyors.com
PROJECT NO:20190710
DATE: 7/14/2022
CLIENT: JUB ENGINEERS
DWG: TE-CROISSANT
DRAWN: SMF CHECKED: MCD
Hello