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Home My WebLink About20233727.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROADS 76 AND 35 INTERSECTION IMPROVEMENTS PROJECT,AND AUTHORIZE CHAIR PRO-TEM TO SIGN ANY NECESSARY DOCUMENTS-WB2,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 Purchase of Certain Property for Public Road Improvements for the County Roads 76 and 35 Intersection Improvements Project 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 WB2,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 Purchase of Certain Property for Public Road Improvements for the County Roads 76 and 35 Intersection Improvements Project 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 WB2,LLC,be,and hereby is,approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be,and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of December,A.D.,2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: )W Xia,;e1 EXCUSED Mi eman,Chair Weld County Clerk to the Board Perry L.B k,Pro-Tem , '4C—i BY(..-40W4111.j, �tn.Ji cL Deputy Clerk to the Board .44-, La cott K.James AP D AS T M: __x_..--:---D <��. "l •n D.Ross County ney � -;.:�� t e----2--------....... �ZIZI I Z3`'-p , "'`, on Saine Date of signature: 4.;^ : ,�-''' cc:Pw(cH/oo/DN/S8/TA) 2023-3727 oz/os Icy EG0081 • /71/e,;,'f'&/77 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE:Right of Way Acquisition Agreements for WCR 76 and WCR 35 Intersection Improvements DEPARTMENT: Public Works DATE: 12/4/2023 PERSON REQUESTING:Tiffane Johnson Brief description of the problem/issue: In accordance with the amended Eaton Truck Route IGA approved by the Board on November 30,2022, Public Works has been working with landowners to acquire the necessary land rights to accommodate the proposed widening and utilities/irrigation infrastructure relocations of County Road 76 at the intersections of County Roads 35 and 33. Public Road Right of Way and Temporary Construction Easements are needed from six landowners to make all the improvements. For this pass around, Public Works has successfully negotiated three additional agreements.The Board approved the agreement for Foss(Northwest Quadrant)in August of 2023.Therefore, this completes the agreements at the intersection of CR 35.A summary of the settlement reached with each owner is below. Noffsinger Manufacturing Co.Inc(Southwest Quadrant) Right-of-Way 0.023+/-Acres Temporary Construction Easement 0.109+/-Acres Total Compensation$5,000.00 All irrigation structures impacted by project to be designed and relocated by Weld County by April 15,2024. WB2 LLC(Northeast Quadrant) Right-of-Way 0.035+/-Acres Temporary Construction Easement 0.322+/-Acres Cost to Cure and Damages • Relocated Pivot Stop(twice) • Permanent Dry Up Total Compensation$12,000.00 TK Farms(Southeast Quadrant) Right-of-Way 0.004+/-Acres Temporary Construction Easement 0.116+/-Acres Total Compensation$5,000.00 All irrigation structures impacted by project to be designed and relocated by Weld County by April 1,2024. What options exist for the Board? 1. Approve the signed landowner Purchase Agreements outlined and place on the next available BOCC agenda. 2. Schedule a work session to discuss the offers in more detail. Consequences:Delay project and increase costs. Possible Amendment to the IGA with the Town of Eaton. cc, RA)O ne.ase, 2023-3727 rat all93 1ZAB" Impacts:No adverse impacts anticipated. Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):The Engineering Budget has the funds to cover the acquisition costs. Recommendation: Approve placing the Purchase Agreements on the next available BOCC agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L.Buck,Pro-Tern _ Mike Freeman,Chair Scott K.James Kevin D.Ross Lori Saine MEMORANDUM TO: Clerk to the Board DATE:December 7,2023 ' FROM:Tiffane Johnson—Public Works Dept. SUBJECT:Agreement for Purchase of Public Road wx `t3 Right of Way and Temporary Construction Easement CONTRACT ID:7696 RE: WELD COUNTY ROAD 76 AND WELD COUNTY ROAD 35 Approve Agreement for Purchase of Certain Property for Public Road Improvements and Accept Grant of Temporary Construction Easement between WB2,LLC and Weld County,Colorado. Total Compensation to be paid to Owner is$12,000.00 as outlined below: • County agrees to pay Owner$500.00 for 1,504 square feet(0.035 acres)of Public Road Right of Way • County agrees to pay Owner$800.00 for14,021 square feet(0.322 acres)of Temporary Construction Easement • County agrees to compensate Owner$1,500.00 for damages related to relocating the existing pivot stop. • County agrees to compensate Owner$3,700.00 for permanent and temporary dry up. • County agrees to compensate Owner$5,500.00 to reach a voluntary settlement. AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WB2,LLC AND WELD COUNTY,COLORADO THIS AGREEMENT is made this day of'xC'f,rniat/ 2023,by and between WB2, LLC,a colorado limited liability company,whose address is 20949 CR 76,Eaton,CO 80615 hereinafter collectively referred to as"Owner,"and WELD COUNTY,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,whose address is 1 150 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 Exhibit B(hereinafter referred to as("Temporary Construction Easement"or TCE),and WHEREAS,County finds it necessary to widen the intersection of WCR 76 and Weld County 35 to improve the safety and function of the intersection and, WHEREAS,Owner wishes to cooperate with County in completing the Project. NOW,THEREFORE,the parties herein agree as follows: 1. 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 TCE Exhibit C—WB2 Pivot Stop Relocation II. COMPENSATION;PROPERTY CONVEYANCE I. Total compensation to be paid by County to Owner,as described below,is Twelve Thousand Dollars,($12,000.00). a. Owner agrees to sell and County agrees to purchase at closing the Public Road Right- 0 of-Way described and depicted on Exhibit A for the sum of Five Hundred Dollars, V i ($500.00). o g b. Owner agrees to grant at closing a Temporary Construction Easement described on � Exhibit B for the sum of Eight Hundred Dollars,($800.00). S':1% c. County agrees to compensate Owner for damages related to relocating the exiting pivot c��L stop for the sum of One Thousand Five Hundred Dollars,($1,500.00). LLUT d. County agrees to compensate Owner for permanent and temporary dry-up for the sum 415 0-` of Three Thousand Seven Hundred Dollars,($3,700.00). 74 �` e. County agrees to compensate Owner Five Thousand Five Hundred Dollars, �� ($5,500.00)to reach a voluntary settlement. N Q� �NY�ti Page 1 of4 _&1O21 Page 2 of 4 AGREF.ML NT FOR THE PURCHASE.OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WB2,LLC AND WELD COUNTY.COLORADO 2. The parties acknowledge and agree that said purchase price represents full,fair and valuable consideration. III. PUBLIC ROAD RIGHT(S)-OF-WAY I. Owner agrees to grant the Public Road Right-of-Way to the County by Deed of Dedication as provided in Exhibit-A. 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;or,if the Right-of-Way is financially encumbered,within 30 days from the date the title company closing the transaction on behalf of the County receives a partial release(s)of,or binding commitment from the lienholders/lenders to issue partial release(s)of, financial encumbrances affecting the Right-of-Way. The Deed of Dedication shall not be valid until accepted and approved by the Board of County Commissioners.Owner agrees to grant the Public Road Right-of-Way to the County by Deed of Dedication as provided in Exhibit-A. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property,if any exists. 4. County agrees that the final pivot stop location will not create an overlap of the pivot pipeline and right-of-way.If it is determined that there is overlap of the pivot pipeline and right-of-way after work is complete,the County will relocate the pivot stop to correct the issue.If additional permanent damages result from correcting the final pivot stop location, Owner will be compensated for the impacted area at the current fair market value. 5. County agrees to provide staking for the final pivot stop location upon the County's determination that the Project is complete. IV. TEMPORARY CONSTRUCTION EASEMENT I. Owner agrees to grant the Temporary Construction Easement(TCE)to the County covering all the property described and depicted in,and subject to the terms provided in Exhibit B. ,qav... 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. � v. V. CLOSING • L�- �� LL I. County shall not be liable for any encumbrance associated with the Property prior to the date of N�� closing.Owner shall pay any encumbrance associated with the Public Road Right-of-Way which wE 2jE is required to be paid,including,but not limited to,a prorated amount of the property taxes,and �mY any past due property taxes,(and interest and penalties thereon),on or before the date of closing a��-- when Owner delivers the Deed of Dedication to County.Owner is solely responsible for the 7.:(7;11.1 payment of any amounts owed to a third party holding a security or other ownership interest in the rm a� Public Road Right-of-Way. "N o ILI�`Y` dog "� - Page 2 of 4 Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WB2,LLC AND WELD COUNTY,COLORADO 2. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement and the Deed of Dedication, VI. 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. 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. 4. This Agreement including the Exhibits attached hereto and incorporated herein,contains the entire agreement between the parties with respect to the subject matter contained in this Agreement.This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement.No oral representation,promise, or consideration different from the terms herein contained shall be binding on either party,or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 5. Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 6. If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 4938547 Pages: 3 of 12 01/05/2024 11:50 AM R Fee:$0.00 Carly Koppu,Clark and Recorder,Wald County,CO VIII NIAIMINlWill Md«4 3 NtikI AlkY 11 II 1 Page 3 of 4 Page 4 of4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WB2,LLC AND WELD COUNTY,COLORADO IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. OWN2, olo ' ted liability WB2,LLC by Nathan Wiedeman,Member L by Jay Wiedeman,Member ATTEST: silt-ILi1.J v•`�r-�'A BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WE OUNTY,COLORADOY: nt .LtJaa IL) Deputy Clerk to the Board do, �5,ry L Buck, Pro—Tem Abe ss,,1.l 4.) DEC 1 8 2023 f teir INE I • It O %I'...WI j •♦ 011 05'x/2024 11:50 AM 4f :$0 00 Carly Komm,Clerk VIII nd Recorder,�'k maw �G9h'� �'� Page 4 of 4 c2 2 2 -3727 EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 25,TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID PARCEL BEING A PORTION OF LOT-D OF RECORDED EXEMPTION NO.0707-25-3 RE-4276 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3398973,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING,AT THE SOUTHWEST CORNER OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING,NORTH 88'46'22"EAST,A DISTANCE OF 2676.94 FEET,TO THE SOUTH ONE-QUARTER CORNER OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS SHOWN; THENCE NORTH 44'02'26"EAST,A DISTANCE OF 42.63 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 76,FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99,ALSO BEING THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 35,AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 37292,SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35,NORTH 00'41'30"WEST,A DISTANCE OF 75.09 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY,SOUTH 28'53'00"EAST,A DISTANCE OF 84.77 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY,SOUTH 88'46'22"WEST,A DISTANCE OF 40.05 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 1,504 sf.OR 0.035 ac.MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES, SURVEYOR IN AND FOR WELD COUNTY,COLORADO. • • DANIEL R.HOLMES .� .'�'�•�p?tS' PLS 38213 l'; '44L LANDS RIGHT OF WAY or WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS r _ WCR 76-33 TO HWY 85 PROJECT WB2.LLC 1 r • L? • , PROJECT N0: HAP-91 (SCALE: X I;I.D COUNTY.COLORADO U i T Y I DATE:12- BY:I)RIIISHEET:I of 2 4938547 Pages: 5 of 12 01/05/2024 11:50 AM R Foe:$0.00 Carly Kopper,Clerk and Recorder,Weld County,CO ��reitIR INE IDEIla WAMINIO 11111 EXHIBIT-A NOTE:THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. O W-1/4 CORNER 525-T7N-R66W FOUND 3-1/4'ALUMINUM CAP u�7 LS4392,2002 IN MONUMENT BOX 3I oo :73792. :� •••.• • "V'.AY 1.0 _ w1 A.4 p •'.Q= Sa'+� JULY 18,189 Z A9� 5� :�. Sti 7° ANDS NAL L ti\\A5eL I I WB2,LLC S � PARC.#070725300004 Vie• I U RECP.#3896358,12-14-2012 LOT-D,RE-4276 REC#3398973,6-27-2006 FOSS LINE TABLE ' RIGHT-OF-WAY LINE BEARING DISTANCE ACQUIRED Lt N44'02'26"E 42.63' ' 1,504 sf. L2 NOO'41'30"W 75.09' L2 L3 OR 0.035 ac.± L3 S28'53'00"E B4.77' L4 588'46'22"W 40.05' L4 LI 0.9. BASIS OF BEARING o N88'46'22"E 2676.94' Exist-in.60' WCR 76 RIGHT-OF-WAY R0BK3,PG99 7-13-1882 ` CORNER SW CORNER 525—T7N—R66W i FOUND 3-1/4 S ALUMINUM CAP`�a FOUND 3-1/4-ALUMINUM CAP ' L533642,2006 W MONUMENT BOX LS33642,2006 IN MONUMENT BOA BOX b' c;', T.K.FARMS,INC. RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION ... 04....8.6144, OF PUBLIC WORKS WCR 76-33 TO HWY 85 PROJECT WB2,LLC PROJECT NO: HRP-4I 'SCALE:I 50 WELD COUNTY,COLORADO _G Q U_N T DATE:12-IS-22[©RA'.VN BY:PRI iISHE ET:2 of 2 4938'347 Pages: 6 of 12 01/05/2024 11:50 AM R Fes:$0.00 Carly Kopp.,Clark and Recorder,Wald County,CO IIlll rest illlellIPAINVICNIPIIIIAMillil l III ilk DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED,made this__day of_ ,between WB2,LLC,a colorado limited liability company(referred to herein as"Grantor",whether one or more),whose legal address is 20949 CR 76, Eaton,CO 80615 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(I)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,that real property lying and being in the County of Weld,State of Colorado,to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil,gas,hydrocarbons,and mineral leases,liens,encumbrances,rights-of-way,easements, and utilities thereto existing or of record,and RESERVING unto Grantor the mineral estate under said property,including oil,gas,hydrocarbons and any and all water rights including non-tributary and not non-tributary water currently attached to,upon,under, or associated with said property,except as required to sustain the integrity of the Public Highway. GRANTOR:WB2,LLC,a colorado limited liability Company Nathan Wiedeman,Member Jay Wiedeman,Member STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this___day of__ ,2023, by Witness my hand and official seal. 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-?-201(1)(a). 4938347 Pages: 7 of 12 01/06/2024 11150 III R o ee:$0.00 County co Carly Kopp., 1111 f��ll' ! '��1+�4�6��1��I ' '414114 II III EXHIBIT-B PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 25,TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID PARCEL BEING A PORTION OF LOT-D OF RECORDED EXEMPTION NO.0707-25-3 RE-4276 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3398973,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING,NORTH 88'46'22"EAST,A DISTANCE OF 2676.94 FEET,TO THE SOUTH ONE-QUARTER CORNER OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS SHOWN; THENCE NORTH 15'12'01"EAST,A DISTANCE OF 109.56 FEET,TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 35,AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 37292,SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35,NORTH 00'41'30"WEST,A DISTANCE OF 31.75 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY,SOUTH 28'53'00"EAST,A DISTANCE OF 103.68 FEET,TO A POINT 45.00 FEET NORTH AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 25; THENCE NORTH 88'46'22"EAST,A DISTANCE OF 835.94 FEET; THENCE SOUTH 01'13'38"EAST,A DISTANCE OF 15.00 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 76,FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY,SOUTH 88.46'22"WEST,A DISTANCE OF 845.01 FEET; THENCE NORTH 28'53'00"WEST,A DISTANCE OF 84.77 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 14,021 sf.OR 0.322 ac.MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES, SURVEYOR IN AND FOR WELD COUNTY,COLORADO. DANIEL R.HOLMES PLS 38213 O • l vs: 4NAL LASS WELD COUNTY DEPARTMENT TEMPORARY CONSTRUCTION 1861-r' OF PURI_.IC WORKS EASEMENT ACQUISITION - - WCR 76-33 TO HWY 85 PROJECT WB2,LLC PROJECT NO: NRP-91 SCALE: WELD COUNTY,COLORADO _C Q., N T DATE:l2-15-221DRAWN BY:DRHISHEET:I of 2 4938'347 Pallas: 8 of 12 01/05/2024 11:50 AM R Fee:$0.00 Carly Kappa.,Clark and Records,Wald County,CO 1111 I PAINIM bigin k�V lid 11111 EXHIBIT-B NOTE:THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.-fiLl***NN-,W-1/4 CORNER S25-T7N-R66W FOUND 3-1/4"ALUMINUM CAP LS4392,2002 IN MONUMENT BOX EXISTING 60' /: RIGHT-OF-WAY Pox/37262 ET I 7,t t6-1560 4 • a' WB2,LLC 4`? PARC.#070725300004 gL • : RECP.#3896358,12-14-2012 OQ t , LOT-D,RE-4276 QP'?' '.,&ti'p• eo{ REC#3398973,6-27-2006 <';E` LINE CABLE t :g- 3 LINE BEARING DISTANCE e Li N1512'01"E 109.56' �„..J.,/Z,�-7.'J I L2 N00'41'30"W 31.75' '.'O,ij' - o L3 S28'53'00"E 103.68' v; i L4 N88'46'22"E 835.94' L5 501'13'38"E 15.00' CI L6 S88'46'22"W 845.01' TEMPORARY CONSTRUCTION I.L. I L7 N28'53'00"W 84.77' EASEMENT ACQUIRED 14,021 sf. I ' ,T, OR 0.322 ac.t P.O.B. \,L3 $ `\ L4 1 L \,, LH p BASIS OF BEARING WCR N88'46'22"E 2676.94'i,Nr\,.._, -7P.O.C. S-1/4 CORNER S25-T7N-R66W SW CORNER S25-T7N-R66W ExlsnNc 60' FOUND 3-1/4"ALUMINUM CAP FOUND 3-1/4"ALUMINUM CAP RIGHT-OF-WAY LS33642,2006 IN MONUMENT 80X LS33642,2006 IN MONUMENT 808 RO BK 3,PG N 7-13-1882 I 48A T.K.FARMS,INC. WELD COUNTY DEPARTMENT TEMPORARY CONSTRUCTION EASEMENT ACQUISITION '861 00. OE PUBLIC WORKS 1' r 1! WCR 76-33 TO HWY 85 PROJECT WB2,LLC j II L : r r 2. µ T Z PROJECT NO HRP-91 I SCALE:i"=150 WELD COUNTY,COLORADO C O U 1 DATE:12-i i.22IDRAWN BY:IIRH1SHEET.2 oft 4938547 Pages: 9 of 12 01/05/2024 11:50 AM R Fe.:$0,00 Carly Koppel,Clark and Recorder,Wald County,CO VIII I PJFAti1�IU V1 IIIIEN CIII MINI III Ii GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement(TCE),is made between WB2,LLC,a colorado limited liability company(referred to herein as"Owner",whether one or more),whose address is 20949 CR 76,Eaton,CO 80615 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"): WITNESSETt-t: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 B. Subject to the following conditions: I. The TCE is conveyed from Owner to County on January 17,2024,and shall expire and be of no further force or effect 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. 5. County agrees to provide construction fencing during use of the TCE during irrigation season. 6. County agrees to provide staking of the TCE for Owner prior to crop planting. Owner agrees to provide County two week notice of intent to plant to allow coordination with surveying. GRANTOR:WB2,LLC,a colorado limited liability Nathan Wiedeman,member Jay Wiedeman,member 4838'347 Pages: 10 of 12 01/00/2024 11:30 AM R Fee:f0.00 Car1Y Kopp.,Clark and Recorder,Wald County,CO liii NU��N'R�! I aGi�9til��k��l kl��L�+ 'II�t�W�h 11111 � n CS) a 0 ♦. US _ -3....... . Lib VIPOo _ - 7C ESKt5 T1►Ita P4Tt.t 04: it si) f /n F �. O N ht•iEE! �4 51`k1Cki."Y -- , WB2 LL MlIPORARY PIVOT II ,� xtsllNr P4Ti, ( ply:) , - S3, ill NV STOP RELOCATION PLAN illy' O 1 in �RoPCSED 1E►MPufAR'; \ ,.1 .� - _� •-s PtPft 'NE UI PiiO1 �� >'J T f-, �. sr- . tyr- lir PROPOSE Tfarth`Llrti;N't f;• 1 : . .• D ` 1O EXISlimt n, ►•ARMS rtiVOI SIGP lier,„ ...„ J KEYMAP ---L sfro D A IfiRibATIQN tiNE ' . 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"AW!a5 --.1 - - t ll i _ - -- a .. -. r. .'--. _ .(� - . + T -- '�•pa - _♦Dl V'--+ sv-_d 1 N .... a "e _ . - - . - Pm U T fie t..+) \ - II a .. - -- - - ' _ :,y fir `�� • I I 'jlr}; •./1 irAt ^ V. 1t• !) :•.y. r y ,.`• - _ �`� - off l.1 ,tik !. ,.. ,,, p' y::, i •,•(, :^ r---s'. i .r.--... y`!L _ _a .� 1' •� G ~ *as •• "*%MI ---�"•- M N ^"s•--WAS --.41011 AleU AIM) 71 I - �a•"' Re '/- e I ckm!.... _ _ _ _ ! tt 7.2 P-... - r r . _ _ ' 6twrtlt w 4a71041fr t' it- 4 - fixes II 041121 - • PROPOSED - , ,.•• 1 - MANHOLE 1•.s es as WYS S A fl t • N/CR 35 PIVOT STOP GRAVING - - 'IDLI DRAINPIPE _ +rru on *WO * 1;41 E11C«1NItt MEMBEit UflhJT1Ee MlRratlMG 01 „wyr,111Q/IIx! Computer "' 1 Hwe►�c of Rernls+on►s _ I WELD COUNTY As Constwcted Pto�ect No./Code ^_,a- 910422 An :orinc a 1• - ----- _ } WCR 76 _ V1hCR 33 TO SH 85 f NuBLIC Ili H. liFf'JaftTMf:NT "� a.�r�l��. WB2 PIVOT STOP RELOCATION �rtIA1B'WtbMt 1tp (321 ≥wW11� TAM t :�•A Atli; a tAAll{1�71: i7AA41hy *MA ttlt hl STREET f , r I ( u r.....:_^,w as ' GREELEV0 CO x Tviet Z-07litt R.wrieuA t Ne.�1�e I MA , r 41 : laswPHONE D70) 1!"--D I Mote* IMA I ! y �.,r. ldrr YWCArDEMiRd11p►MQjflMllf`i I t - + ne FAX ff A X?4+rrx .T+Q ' kr► MC 1911x1 how110) 304ata1 - Vcsd ` irtext Submit sow %base �r,nu; t•; •,•so c71 30 , __ _ Sla � < 01 r _.._ . �7 � N a , , ' i LFO ND e Ir'-'-"1 . TEMPORARY twat~ � N MEM to ,A IMPACT AREA 500 PERMANEN ' L ~ allPeet - ' ' IMPACT AREA S r F+ �___. A .' 3n �i ; A a a � � ♦, I " o .7t nip , w ■� • . � � 'F. . la I rim- a 0 N _ ...:, WB2 LAC _ ' rafr ai. t � .14 ' t , t I :, I t 1 r f.1 I • II ?. i I EMPORAPV tMPACTF C) ►1 AitcA DUE TO ICE I ; h4TER OF PMVO1 •PEP,MANENt {MPAC Tt D A}?EA ••• 0 4WC+ ACRE ' '7 i 1 MOVING PIVOT S TOP FaST a •I- 0206 ACRE 1 i' tiii. - &'1t �-.Stow No* eat ti ii INNS -� - _ �.,,r-- &Old ftCal -- 14.oa - .w-u - --Ells -4404 14O4 --aatl --at1Nt i t 4-bic,? - , ,.... , ,illie ei it i . . ' - IlLeyff 14, Computer Ede Intormation pIndex Dt Revisions WELD COUNTY As Constructed WCR 76 - WCR 33 TO SH 85 '►ojec't No /Code :tenor Date 5/18/2022 ImGalt. TMA Carnmerm $n, Iat , .astMa:AmData 11(251O023 Initials IMA ADD 7 MANHOII nRAIN IMt. -, .AN _ = PUBLIC WORKS DEPARTMENT NoRwttatons WB2 PVIOT OVERVIEW a I 1111 H STREET Fu/Fu/ path N Ar•Wt' Ar:.tSIIuwP 6th). C'tV7a)7•Arn K a,Art-t7 VW ''` • ' j 1 ' r B I GREELEY CO P0632.0738 Revtstrd Li •nt HRV tit t nint a r nv., ,� - P.O. dOk X61 Dfail IMI Imp MA. Dtarr+ Fie home WCR 78_W EDEN PIVOT DING - - ' - r PHONE te70) 356.4000 ' De:a let TMA 0..AaCADVtiruor 7021 Sale AS 4407C units c n � ""' It:? ' '' FAX ( 70) 3044487 Vood ( S-'cwtN.tmuet --- .1' "� Lee ! Snee' Surrr.e' Sreet S .txet •'' tr ct or' Entity Information Entity Name* Entity ID* Q New Entity? WB2 LLC @00047921 Contract Name" Contract ID Parent Contract ID WB2,LLC 7696 Contract Status Contract Lead* Requires Board Approval CTB REVIEW TVJOHNSON YES Contract Lead Email Department Project# tvjohnson@co.weld.co.us Contract Description* AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS AND ACCEPT GRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN WB2,LLC AND WELD COUNTY,COLORADO Contract Description 2 Contract Type" Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 12/14/2023 12/18/2023 Amount* Department Email $12,000.00 CM- Will a work session with BOCC be required?* PublicWorks@weldgov.co NO Renewable* m NO Does Contract require Purchasing Dept.to be Department Head Email included? Automatic Renewal CM-PublicWorks- DeptHead@weldgov.com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note:the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 12/18/2023 Termination Notice Period Committed Delivery Date Expiration Date* 12/14/2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/14/2023 12/14/2023 12/15/2023 Final Approval BOCC Approved Tyler Ref# AG 121823 BOCC Signed Date Originator TVJOHNSON BOCC Agenda Date 12/18/2023 uthit an ` ��: � � - MEMORANDUM tratv ear ._ _so \--J*7 !• rj .fl TO: Clerk to the Board DATE : January 5 , 2024 ^ r • � FROM : Trace Anderson - Public Works Dept. IU COUNTY SUBJECT: Consent Agenda - Accept Deed of Dedication CONTRACT ID : 7696 RE : WELD COUNTY ROAD 76 AND WELD COUNTY ROAD 35 Accept Deed of Dedication between WB2, LLC, and Weld County, Colorado . The Agreement for Purchase was approved on December 18, 2023 at Docket No. 2023 -3727. Liabi) ( /y/0/92 e Qjfl xrrf &L- / s9-stieailsP/1/)2- 19 zoz3 r37 Z DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED,made this j day of :AO2'�,between WB2,LLC,a colorado limited liability company(referred to herein as"Grantor",whetter one or more),whose legal address is 20949 CR 76,Eaton,CO 80615 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. 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. GRA�. do limited liability Company athan Wiedeman +lem hy �Y iedeman,Member STATE OF COLORADO ) ss. COUNTY OF WELD ) - ► b e g ing i tnnw gnt wa acknowledged before me this 5 day o on' ,2024, Witness my tl off al sea PAMELA ARM • �NO�TARY.PUB IC CRIU3 1.5 MY CO N SN0b1EAPMES AC10BE R 11,2021 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 I Nth day of ,2024. ATTEST: Wide�' /e.. BOARD OF COUNTY COMMISSIONERS Wel' o Clerk to the oard � EL 4:i,,COUNTY,CO RADO B: .,1 I; � �� l7 Deputy ,'-rk t.the:� ',��: a` oard of County Commissioners *No Deed of Dedication is valid until a ounty Commissioners pursuant to C.R.S. 43-2-201(1)(a). ( �� 4941021 Pages: 1 of 3 01/24/2024 10:49 AM R Fee:S0.00 .202 -3727(J) Carly Koppel,Clerk and Recorder,Weld County,CO 3 viii rim Pa � �11w w4'�lyll�Iw��M�r�M � Ii III EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 25,TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID PARCEL BEING A PORTION OF LOT-D OF RECORDED EXEMPTION NO.0707-25-3 RE-4276 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3398973,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF SAID SOUTHWEST ONE-QUARTER AS BEARING,NORTH 88'46'22"EAST,A DISTANCE OF 2676.94 FEET,TO THE SOUTH ONE-QUARTER CORNER OF SECTION 25,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS SHOWN; THENCE NORTH 44'02'26"EAST,A DISTANCE OF 42.63 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 76,FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99,ALSO BEING THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 35,AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 37292,SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE EASTERLY RIGHT-OF-WAY Of SAID COUNTY ROAD 35,NORTH 00'41'30"WEST,A DISTANCE OF 75.09 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY,SOUTH 28'53'00"EAST,A DISTANCE OF 84.77 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY,SOUTH 88'46'22"WEST,A DISTANCE OF 40.05 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,504 sf.OR 0.035 cc.MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES, SURVEYOR IN AND FOR WELD COUNTY,COLORADO. DANIEL R.HOLMES •. .�,'�' �`>p•,�'� PLS 38213 !;47,44e- :cc 011 •O /ONAL LAN�SJ RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION . .t J r _ WCR 76-33 TO HWY 85 PROJECT WB2,LLC r , , PROJECT NO: HRP-91 I SCALE: WELD COUNTY,COLORADO 1CO U N T Y 1 DATE:12-15-22IDRAWN BY:DRHISHEET:1 of 2 4941021 Pages: 2 of 3 01/24/2024 10:49 AM R Fee:$0.00 Carly Kopp.,Clerk and Recorder,Weld County,CO ■III FAIMIHIC40:k0'r 1 6IOW IN PI�!Yknh■1 II EXHIBIT-A li!'.,„,,,,_ NOTE:THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. o W-l/4 CORNER S25-T7N-R66W in FOUND 3-1/4"ALUMINUM CAP 61 LS4392,2002 IN MONUMENT BOX NI EXISTING 60' I 4- RIGHT-OF-WAY `f /%-C''' tk bb REC#37292 O 'O_ SQ\ ,\\ JULY 16,189 Z .;9, 5'.--.:V.....i.e_0,-27-.°4:1w\\NWbb� 1 I WB2,LLC S�e PARC.#070725300004 SI °r 1 RECP.#3896358,12-14-2012 V LOT-D,RE-4276 REC#3398973,6-27-2006 FOSS LINE TABLE 1 RIGHT-OF-WAY LINE BEARING DISTANCE ACQUIRED L1 N44'02'26"E 42.63' 1,504 sf. L2 N00'41'30"W 75.09' L3 OR 0.035 ac.t L3 S28'53'00"E 84.77' L2 L4 S88'46'22"W 40.05' L4 L1 P.O.B._ _ A BEARING_ O V N88BASI 46'22OF"E 2676.94 EXISTING 60'- WCR 76 RIGHT-OF-WAY RD BK 3,PG 99 7-13-1882 SW CORNER S25—T7N—R66W ��a�bb� FOUND 3-1/4"ALUMINUM CAP FOUND 3-1/4"ALUMINUM CAP �� LS33642,2006 IN MONUMENT BOX LS33642,2006 IN MONUMENT BOX S.,' T.K.FARIVIS,INC. RIGHT OF WAY ..., 04_86.1„,00. WELD COUNTY DEPARTMENT - _;�,�� 86 OF PUBLIC WORKS ACQUISITION ) 1 Al r -li WCR 76-33 TO HWY 85 PROJECT WB2,LLC . --"'f I.' ' PROJECT NO: HRP-91 SCALE:1"=50 WELD COUNTY,COLORADONIPriglelWOM DATE:12-15-22IDRAWN BY:DRHISHEET:2 of 4941021 Pages: 3 of 3 01/24/2024 10:40 AM R Fee:$0.00 Carly Koppas,Clark and Recorder,Wald County,CO IIIII KM:NI thngliiiIIIMNAtYL1 NIVilifih 11111 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement(TCE),is made between WB2,LLC,a colorado limited liability company(referred to herein as"Owner",whether one or more),whose address is 20949 CR 76,Eaton,CO 80615 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 B. Subject to the following conditions: 1. The TCE is conveyed from Owner to County on January 17,2024,and shall expire and be of no further force or effect 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. 5. County agrees to provide construction fencing during use of the TCE during irrigation season. 6. County agrees to provide staking of the TCE for Owner prior to crop planting. Owner agrees to provide County two week notice of intent to plant to allow coordination with surveying. GRANT • , L colorado limited liability athan Wiedeman,member y edeman,member Hello