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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. 4894946 Pages: 1 of 30 04/27/2023 01:12 PM R Fee:$0.00 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. 4894946 Pages: 2 of 30 04/27/2023 01:12 PM R Fee:$0.00 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. 4894946 Pages: 3 of 30 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 4894946 Pages: 4 of 30 04/27/2023 01:12 PM R Fee:$0.00 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 4894946 Pages: 5 of 30 04/27/2023 01:12 PM R Fee:$0.00 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). 4894946 Pages: 6 of 30 04/27/2023 01:12 PM R Fee:$0.00 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 4894948 Pages: 7 of 30 04/27/2023 01:12 PM R Fee:$0.00 Carly Kappa', Clark and Recorder, Wald County , CO NOM Mkt 1I 111 4894946 Pages: 8 of 30 04/27/2023 01:12 PM R Fee:$(0.00 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 4894946 Pages: 9 of 30 04/27/2023 01:12 PM R Fee:$0.00 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 04/27/2023 01:12 PM R Fee:$0.00 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 04/27/2023 01:12 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III POrdigitliAlifilliliMiVicV,'WkWivA ui fl 2 contact@KingSurveyors.com 1 l0c-989 (0L6) :auoqd I ZSS-989 (0L6) :xuj 650 E. Garden Drive I Windsor, Colorado 80550 SNOAANRS DNIN 000 0-u > 0 Fr -al --+ O .. Z M.. c__ --1 I C -71 `o n O Z O C7DZNcfl z m 0 rnH� o 73 •• (n 0 C CD O �D V -s a CD -N r -t -CD J Cl. O CD (n O () _-3 13 et _ O O O as O 4. 5. ro _ (1 C o 5. R 5-34- x . a CD ;-► o a .- CD U) CD a CD CD z 0 -1 cn' CD X CT fi ado 0- - rn LO2.O Do C 0 3 \ \ 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' //, rZ/ZA\LA/X L lop -O CD a 4/ENT � aI- GAS n - —J -1 O _. a o'(0 c ^'`-5 r. 0) oN n O O CD 3 V 1:3O D ro• o COMPANY 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 04/27/2023 01:12 PM R Fee:$0.00 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 G EXHIBIT B SHEET 1 OF 2 Pik fir r/r /F LOC LOC G a P/E P/E w _ �..••..p— • • • s'•'- 6- - • /al• /a1• . ./ • • , oaks •/al •re 1•. 2•i.'• • /j1•r•1•r•► REVISION 17€ TjE LOC T/E r/r 1/f LOC G r, ?/E r� .. ..F..hgnr—•• ••••.� TOP .'k•rk•/k••k•/ •r •/ -.r •I •r •/ •/ •/ •I i/ ••/ •/ •/ •I •r ./ •/ •I ./ •/ •• •r •I •/ .I • •I •Y •/ •/ •r •I ./a • a •�•%/•/a/•ral•ral•ral•-�1•••/•/1•I 1•Ik•rk•Iii5k•.'k./I•I }Tess • ,t. • . •1 •1 ♦1 •1 •1 •► •1 •► al •1 •1 Cr.'•1 •1 •1 •1 •1 ./ •1 ./ ♦1 •/ •/ •/ • •1• •► •1 •1• •/ •1 •1 •► •1 •/ / 1 ► • • • ♦ • • • • •� .•'• •I07.I'7./'i •1i. 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I '. .. • '7. • 7. • ' � . • ' •! • •i. • 'i. • ' • . • '� • •� . • II . I 07..♦ '� . • ' • - • 7. • '. . • 'i. • '1 . • '• i I gib., ' • . • '• . I #7. • 'i • ,47- • '• • • • • ..• • • . re... • . • • . • • . • • . r • •••••••••• • . • • . r • • • . r • • • r • . • • • ..••••• • •.•••.••••••.••••• ••.• • r • -• • •• • • • • • • ••••••••••••• • • • ► •••• • • • • •.••••••-•••••• •••••• r • r • •••. /•1 lo••0•• •/ • •I • .I • •/ •I I• •e • 1• •/1•/ ./ • • • •r • ■/ ./ • • •/ •/ • ..-I • .s'Ilei, •/.N/ • •%A• • • •• • are 1) fr. ►•fr. ••/ ►•.f. • / •/•-..• •/ • /1•I 1•/ . •'i - •'e I. • . • • Or 1�1 •• • .• •.•• • • . • • J 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 'll� 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 04/27/2023 01:12 PM R Fee:$0.00 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 04/27/2023 01:12 PM R Fee:$0.00 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 4894946 Pages: 22 of 30 04/27/2023 01:12 PM R Fee:$0.00 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 04/27/2023 01:12 PM R Fee:$0.00 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 �_,�imor�ar/eraP sranov EasL�LL�vr 7, 7%,SERNLL''LpNPANY Gds L1204AL'C (� Na .�svivJ ro•FrPr�EA.SBYENr 'eacr6i'YELEL0.4'Fmr- LP 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 04/27/2023 01:12 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Igr(VAN ihillM L'lAi 11111 � m m rtm� N ri i � X U � 3 4 N na c a m<F'1 71-7.S7 -',:17.117j-77;1;3.46, 34,188SQ.FI: 1659.41' 0.789 ACRE LOTA, RE --0347 iu G/ I 0 7 0 30' r -� S89'58'46'W 1609.41' sQ I { f -Z-- --- — WCR54__ �_ (BASIS _ OF BEARINGS) gi 989'58'46"E 2619.82'_ amx�vr I y �--'-CAS GYAYPANY I I 17/'P/PFl/A7�EASYR/6VT _m DLGYE'ENERCYr/ELD.�f�� LP �/2rGN¢.ii71Z5fJ !O'NARdP.4L'21. ril;18,Cv2"E('37 Ltdf2W/G4J/pyEA.47lFiYrIEWERS—mW/6}:IC .�AWLL�CZdIIPANY�LixRPRDO)(30') (l 'G NO, . 1)71 at7JD-BOOK 114 PAGE 343}(30�UIT CWM DEED-REC. ND- 4386897) 30' RIGHT-CFWAY (APPROVED ROAD VIEWERS' REPORT- -BOOK 4$ 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 04/27/2023 01:12 PM R Fee:$0.00 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 04/27/2023 01:12 PM R Fee:$0.00 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 04/27/2023 01:12 PM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO 11111 IIr1Ltriv IiliVil 11tw 1 I gh+lea Bill 4894946 Pages: 29 of 30 04/27/2023 01:12 PM R Fee:$0.00 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) rs.ocz�xr EwsE,�'Nr r0 P4�/C SOPHLE LL�FWi4Nr O; GYXPPi15 (.i'EG A7≤!¢ .i9Ri7ffi 397l203.f .�7SP62) WCR54 ----TT I L .,..471.44AL GAS.7A�7 /.17 MIf9CR7/LbVP6°E12K EAXT ro ��a'.�xheE eerFw,rm-er crxavaco (AEG NG 39+V1f2) 2YI'�4EZ/NEFA.gJ/LJVI' R7 DOKEEAEAL,'YF�IO ,SERHLZti LP (Ai≤"G NQ .7T32�67/ 253.5 L so' PIH2 /NE EA. SE.YENr - 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 04/27/2023 01:12 PM R Fee:$0.00 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 a m ci, a..., Na ,c,,sbst,J 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_ i -.__T -ro. o J I I TD'Pn-t'TAf£'ElY7/ENT rt n.• —I I —lO AYNEfitERl.'Yfi 1.--.. LP — J (NEtn A47..I7711.SIJ D' RIG "--"''" EASFdfENI (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) v c2xLrNEE.a�T�vr � v m E ANd1/500 p 72 OZJLi77GfJ o.m�cNr arz.a w,rNr 10,1:4,0E4L GASAX9 CLt l k/L A9� 47lCbY fY.°QOfifi' 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 •717 Pf6B'lL' .47PLKY"CLf!/P.1NY0'' LCCORAOY/ — fREc m.� ,�carraJ 30• wcNr--oE—WAY (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 X:\20190710\property descriptions \ROW-CROISSANT.docx 7/13/2022 9:27 AM O t0 9" C) w_ �w CA g v z _CENTER QUARTER CORNER o v � SECTION 19, T.SN. R.67W. �io17 1 D_O in A _r � � x o _ » n ≤ ur � rO.n � 0 � K To ? A U � � O N � LINE TABLE LINE BEARING LENGTH It ROO 24'29•W 30.00' L2 N00'24'29"W 40.00' L3 500'01'14•E 40.00' L4 N00'01'14, 30.00' L5 500.01.14.E 30.00' /0'N4W. 04,40$19 0;14184 4/KW PA9FIJAC EA.SLINENr IV Piere Sfinftr MOW, Or Ca 02400 /.PEG 412 .mcn47J 1O.4W7ER LAC Exsavvr R7 LOW 71,014 58 1027T CYS7ML"r /0$1�G Na o7JZTi6sJ IOTA, RE -1347 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 I UTlCE /lA7,P.SAY _ 60338 5Q.Ff: (QuREC. N3684 84669 97) /ALG AG 81.18038) \ 1O 1.385 ACRES 47/77//://///z/z PONT OF BEGWNING PONT OF fffffff�/f��y •58'48•W 848 SOY/RJ•NA%fAP4L GAS A4.''A.ilrP77,8 :1814 Sr4AOV EASEMENT R7A156P4.".SFRI LIWANY CY.08400 (RIFF 0$42 I1CTJ 1lYffFiZAIlE EA.5t7ENT 0$7 LL'RF61fAi7'AIF7D.47M2�S LP /0412__ 0$1rC 9.7,4Ci£ 9/E EA.SELENT -r0IX/N£EIIE7P;'YfMO.5iANfF,f LP , C452 .. 774881 30 RIGHT-OF-WAY (APPROVED ROAD V1EwER9• REPORT - BOOK 48 PAGE 372x30) (QUIT CLAN DEED - BOOK 114 PAGE 343x30•) so' arxzAar EA.Sia/ENr 70 ACS/ERN .SCO £ G.9± CAbP. ( CENTER QUARTER CORNER �SEC710N 30, T.SN. R.67W. (BASIS OF BEARINGS) _N89'58'46"E 2619.82' WCR54 40 RIGHT—OF—WAY (APPROVED ROAD VIEWERS' REPORT- -BOOK 48 PAGE 372)(30) (OUT CWM DEED -BOOK 14 PACE 343x30) (DEED OF OFDICATION-REC. N0 2980798x10'} /S'ARffS5 EA.ff.7ANT — /O RiB'.fC SFRJICE Q'AApANY A� CYCC4PA07 (NEG A� .�,cJrtiF .�7V110J � ,rg73357J Michael Chad Oilko — On Behalf Of King Surveyors Colorado Licensed Professionol Land Surveyor #38106 .,12.NA7088 84S A447 70..7/8116.2.7182- .7/8116. IX 1 AF CUR E45fAPNT 10 PC{4'/C .S71vNY2 C17K•iWY O�'Q:C064A7 /EEG. HO. _84.7/A7J 2J' EA.>z7/£Nr TO 0'42'1718:7; f.YCD 2774. [v R CM2 AL7,67, T - S89'58.48'W 300.00 I L Sr ARM' AVJVT Aft. MESANIV SOW PS MAP RTJR�7. J 100 50 0 100 SCALE IN FEET SCALE: 1"=100' 4905698 Pages: 3 of 4 06/26/2023 03:38 PM R Fee :$0.00 Carly Kopp's, Clerk and Recorder, Weld County , CO ���� NIFJIIMt+uidI 'II.IV I AtiOnEM 144 rifielii'I Y4rh IN i N p -p N =off 3 p rt iga 3' i0 m W � e N m J Michp. Chad pHkc — On BehDlf Of King Surveyors Colorodo Licensed Professional Land Surveyor #38106 /GY IlEIP EA,YA�ENNT /O MFlO CLGVTY r/r>rC AQ Ax9K698J \ zo'�PEta�EE�.m�Nr \ rO OGAEETEM:Yf/QO SFRNLES CP N89'58'46"E 1733.58' 60,338 SQ.FF. 1.385 ACRES 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 583.51' (BASIS OF BEARINGS) �.�,.N69'58'46"E 2619.82' ,___,:_ : ..t a.w-: ay.....::s:s.a..rr a7'P,/�LA4�F.RffLENr --I ( AJOLIEEJILAL'YTJE70517,14E,1'LP /Er NQ .177/15,, 60' /ORK;FIT-OF-WAY ic/O'er {APPROVED ROAD 14EwER5 REPORT- -7� rfU�/L'.g7P1/C1 arrow, [1r .0.100.0.100BOOK 48 PAGE 372)(30') ,rh.' NO. /I, (OUT CLAIM DEED -BOOK 114 PAGE 343)(30) (QUIT CLAIM DEED-REC. N0. 4386697) DUSTINC 80JAMIEA. CHRISTENSEN (REC NO. 4694877) 100 50 1v' AT!/ER c�E.I.SEYFNr lfJ UIRE iKJ16�,fZ1V lY,4JER LYSIArL'l (kiC Al2 p21W/6E/� SOUTHEAST CORNER SEC710N 19, T.SN. R.67W. 10,50' NA /G1P,f( CCS P.iCYiILr AAO LpW7A1VC.IAGY EA.Q�NT IU Plebe SDNICE A71iWANY Ar C1ZGVAOrJ rhFG AVJ JZAfBl7J .�arsaaaaa 30' RN111T-OF-WAV (APPROVm ROAD NE7)"REPORT- BOOK 48 PACE 372X30') (QUIT CLAIM OFEO- BOOK 114 PAGE 343)(30, 100 SCALE IN FEET SCALE: 1" =100' EMANUEL165777REIST NOIl0Id3G Ud3dO2id co 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 1 n w. w � o � � � d 5 w o. 4 0 M q. a C!4 � O U � O° O N U z �.� `CENTER QUARTER CORNER v o SECTION 19, T.5N. R.67W. 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 S00'01'14'E 30.00' /0.411 PAL GAS AA® 021.11 WCAll N APE.,EA�ifNl /0 A'RYrC' 31.7,47;711544, CP" OX€29A00 /.BG AKl A7' MIRY LME E. -ACV m 3l( AK7fWSdY Ac1/EN LY579Lr (LLx NG as.;u7/6+/ LOT A, RE -1347 30' RIGHT-OF-WAY (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- 58,,CRES REC N0. 4388687) �������ffffff�����, ������yy� vii o R3 A PONT $$OOFU) BEGINNNIINTG�R SEea f� T 5N. 72. PONT OF SEKI18.41VW 849.80. WCRS4 S0S 00,4/UrAL GIS A4'4A/ AR4P all'AV EA99CZ J% ALtltA" .ffRM1r GYW °ANY Q� GYYLWALb 11Y'Mr. 174.21 VT A7 our sevanwati O.4.PNV1�; � LP RECO.71,AL4£ 9JE EASSYST TO Mir EAE/.'EEIS SO441(1Z LF' (AFC ma -two, 30' PoCHT--OF-WAY (APPROVED ROAD VIEWERS' REPORT- -Mk 48 PAGE 372x30') .1117 CLAW DEED - BOOK 114 PAGE 343)(30) SO'f♦tLL.ACEA,S�NJ lO MESJE7d4 3C�4 G45 L.L'MrP. /R� ,tier OissraliJ I CENTER QUARTER CORNER SECTION 30, T.5N. R.67W. 1 .i0' AGI/fR LA'E EA2EMSVT )17 Ul7LE IlA7.PSL4V NGIJEA051Re'I —' (/EG Aq ustu/6I/ 10 iii 939"58.46.1,/ 300.00' (BASIS OF BEARINGS) 189'58.46•E 2618.82 / 40. RIGHT-OF-WAY (APPROVED ROAD 21X3 1 REPORT- • -"Cg( 48 PAGE 372)(00') (OUT CLAIM DEED -BOOK 114 PAGE 313x30) (DEED OF DUCATON-REC. NO. 2980798x10') /S' ALYI33' EASEW747 - JD fRQ'.L" .SERI4LE LeMPANY C4� LCCC4P4LN (Id'C ALR .lBrt7i'I! .J7l17JA,75Ar1/ z 38106 c •5'7.1 17'641(444[ C45 Alt? IL I an'ag2eE-EAaaENr Jp AtS�1 staF DES amp. CAG ',Amy LI1tilrLNteA7k2V AFY7/IL�EAY44�A7 `JO iYN'/G'.TE74He2� CL7K°ANY' IXYLIP.ILt7 G Aft ..19.t7/4'7f 17' POE /NE Ed ZZeNT 70 p.0i?<'EAE77G'YEA70 SER4,fi2"$ LP //iG AiZ WII67/ DUSTINC. eftJAMIEA. CIRISTENSEN (REC. NO. 4A94827) Michael Chad Dilko — On Behalf Of King Surveyors Colorado Lieensed Professionol Lend Surveyor #38106 100 50 0 w v, 100 1 _ 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 08/28/2023 03:68 PM R Fee:$0.00 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 7/1312022 2:01 PM 9c, a � Z oa � �com `G J o J '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 Poudre R Valley EA o INITIALS : - SHEET 1 OF 2 WORK ORDER NUMBER:212202 I P/C PYE-iA ryt paTAPit TA P/C TIDE P/f-- - I/f TIE fyC i/[ rx In TA ye Ur LOC L0C LOC LOC ICC L0C t.GC mC C C C G a C S C S , P/E P/C P/C - P/E P/E Y____Q.. 4 P/E PIE P/C P/E 1 i w w w w w w w w w ammiarsiba A Fie i ' • !.` �. 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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 J 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 I PO EXHIBIT B SHEET 2 OF 2 It 120*------ 12". UDRE VALLEY R.E.A COLO COUNTY WELD 12 - ---- 12•w Fe - 14. SUBDIVISION NAME Poudre 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 08/26/2023 03:58 PM R Fee :$0.00 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 19, T5N, R67W P O 0 n N laJ U7 W Z 0 O C1 N00'24'29"W iA ir) i,) w J J U � O a. F - Q C1 U N Z7 ll V ,6S'L£9Z M„6Z,RZ.00N I I IW� {6611 h I V I _ — _ if Q N mw 1614 U1 as Imro I�z i as W — —1 £.L33HS 33S 0 us 3GM�j p , � `O wwcwJ 04-0;3i t K Y H MORON ON ,EI2f ONINNI038 30 1NI0d II 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