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HomeMy WebLinkAbout20232787.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROADS 6 AND 13 INTERSECTION IMPROVEMENTS PROJECT, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - JORDAN AND E. MARIE GUTIERREZ 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 County Roads 6 and 13 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 Jordan and E. Marie Gutierrez, 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 County Roads 6 and 13 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 Jordan and E. Marie Gutierrez, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and any other necessary documents. Cc :P,,i(cH /ER/Ts) 10/10/23 2023-2787 EG0081 AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROADS 6 AND 13 INTERSECTION IMPROVEMENTS PROJECT — JORDAN AND E. MARIE GUTIERREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � ; , Weld County Clerk to the Board t� .tkioat,o)ck. Deputy Clerk to the Board AP ED u y Attorney Date of signature: bq/7 Fs J Z 3 Mike E.ce6man, Chair ‘24f4 erry L. Bu¢J(, Prq�Tem tt K. James (AYE) (AYE) (AYE) AYE (NAY) 2023-2787 EG0081 Con-\vaCi- (1C1 MEMORANDUM TO: Clerk to the Board DATE: September 8, 2023 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Agreement for Purchase of Certain Property for Public Road Improvements CONTRACT ID: 7389 RE: County Road 6 and County Road 13 Intersection Improvements Approve the attached Agreement for Purchase of Certain Property for Public Road Improvements between E. Marie and Jordan J. Gutierrez and Weld County, Colorado. Total Compensation to be paid to Owner is $71,818.00 as outlined below: • County agrees to pay $50,000.00 for 1.966 acres of Public Road Right of Way • County agrees to pay $6,818.00 for 0.907 acres of Temporary Construction Easement • County agrees to pay $15,000.00 as a signing incentive to maintain construction schedule 2023-2787 q/ZS EC OOg l AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN E. MARIE & JORDAN J. GUTIERREZ AND WELD COUNTY, COLORADO THIS AGREEMENT is made this nth day of SQ,p{ yth4 2023, by and between E. Marie & Jordan J. Gutierrez, whose address is 6045 County Road 6 Erie, CO 80516, 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 ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to improve the intersection of Weld County Road 6 and Weld County Road 13 (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: 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 — Entrance Construction Plan II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is seventy-one thousand seven hundred fifty dollars, ($71,818.00). a. Owner agrees to sell, and County agrees to purchase at closing the Public Road Right -of -Way described and depicted on Exhibit A for the sum of fifty thousand dollars, ($50,000.00). b. Owner agrees to sell, and County agrees to purchase at closing the Temporary Construction Easements described on Exhibit B for the sum of six thousand eight hundred eighteen dollars, ($6,818.00). c. County agrees to relocate and construct the existing driveway as depicted on attached Exhibit C as part of the "Project" at no cost to the Owner. 4923651 Pages: 1 of 13 10/02/2023 02:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111rdlili rinileiVIV:i19MIIII 1'01. 41411111 020.23- n1'7 Page 2 of 4 AGREEMENT FOR THE PURCFIASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN E. MARIE & JORDAN J. GUTIERREZ. AND WELD COUNTY, COLORADO d. County agrees to compensate Owner fifteen thousand dollars, ($15,000.00) as a cost to cure to reach a voluntary settlement provided the County receives the signed agreement by September 8, 2023. 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. 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. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants a Temporary Construction Easements (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. V. 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 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. 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 and Temporary Construction Easement. 2. County shall at closing pay for the cost of obtaining title insurance if County elects to 4923651 Pages: 2 of 13 10/02/2023 02:16 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 11111�i���l�i'��1�� Page 3of4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN E. MARIE & JORDAN J. GUTIERREZ AND WELD COUNTY, COLORADO obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement, the Temporary Construction Easement, and/or 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. 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 may be 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. 4923651 Pages: 3 of 13 10/02/2023 02:18 PM R Fes:$0.00 Carly Comes, Clerk and Recorder, Weld County , CO Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN E. MARIE & JORDAN J. GUTIERREZ 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: By: .5O rc//}f. l a VTl P rre ATTEST: i,1Z�44) G o%(.1 Weld Cony Clerk to the B and BY: Deputy Cl APPROVED AS TO FORM: County Attorney Title: QwhVr BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4923651 Pages: 4 of 13 10/02/2023 02:10 PM R Fee:$0.00 Carly Copper, Clerk and Recorder, Weld County , CO VIII FAIRINOWitir'l#010111 4 ilitAWk 11111 e Freeman, Chair SEP 2 5 2323 ,,20.3-07(7 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4765445, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 19, ALSO DESCRIBED AS SHOWN; THENCE NORTH 63'31'31" EAST, A DISTANCE OF 66.96 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 60.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER AND DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3271882, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 6, BEING 30.00 FEET NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER, AND DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 25828, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00'06'41" WEST, A DISTANCE OF 886.16 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 89'53'19" EAST, A DISTANCE OF 5.00 FEET, TO A POINT 65.00 FEET EAST OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 65.00 FEET EAST AND PARALLEL WITH THE WESTERLY UNE OF SAID SOUTHWEST ONE -QUARTER, SOUTH 00'06'41" EAST, A DISTANCE OF 731.19 FEET; THENCE SOUTH 44'59'07" EAST, A DISTANCE OF 113.37 FEET, TO A POINT 105.00 FEET NORTH OF THE SOUTHERLY UNE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A UNE 105.00 NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER, SOUTH 89'51'34" EAST, A DISTANCE OF 960.34 FEET; THENCE SOUTH 00'08'26" WEST, A DISTANCE OF 75.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF SAID COUNTY ROAD 6; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89'51'34" WEST, A DISTANCE OF 1045.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 85,642 sf. OR 1.966 Sc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ- RW-02 WELD COUNTY, COLORADO 4923651 Pages: 5 of 13 10/02/2023 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Wald County , CO VIII 11.11 01 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT N0: GR-56 J SCALE: DATE: I t-03-22JDRAWN BY: DRHISHEET: I of 2 LINE TABLE LINE L1 L2 BEARING DISTANCE N63'31'31 "E N00'06'41 "W N89'53'19"E SO0'06'41 "E S44'59'O7"E S89'51'34"E SO0'08'26"W N89'51'34"W 66.96' 886.16' 5.00' 731.19' 113.37' 960.34' 75.00' 1045.00' L3 L4 L5 L6 L7 L8 EXHIBIT -A L4 W1/4 CORNER S19 —T1 N—R67W FOUND 3 1/4" ALUM. CAP LS -36053, ,n1/N4"04 006 IN MONUMENT BOX------' THt FA 'RESERVOIR' & IRRIG6TIONCO._ ----"_ R------" 5.00' -ERISTING 60' RIGHT-OF-WAY REC#13105, APR. 18, 1884 ADDITIONAL RIGHT-OF-WAY REC#3271882, MAR. 28, 2005 AGREEMENT PURCHASE RIGHT-OF-WAY REC#3243764, DEC. 14, 2004 W E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ PARC.#146919300067 RECP.#4765445 AM SE -1101 RECP.� 3764195 FlNAN . PURPOSE RW_02 RIGHT—OF—WAY ACQUIRED 85,642 sf. OR 1.966 00.4 6 8 L7 � _ _S$9'51'3_4_E 1291.4 L8 9' E%iSTING 6p' RIGHT-OF-WAY REC#25629 O.G. JUNE 26, 1886 KIRKMEYER SW CORNER IS19-T1N-867W FOUND 2 1/2" ALUM. CAP PLS-24305, 2002 IN MONUMENT BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED Or LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ- RW-02 WELD COUNTY, COLORADO GC?U.NTY 4923651 Pages: 6 of 13 10/02/2023 02:18 PM R Fee:$0.00 Carly Kappa', Clark and Recorder, Weld County , CO VIII IirdI!'IMI YYJAIDIAIATIMIN Y�rk11�Wh Bill W-1/16 CORNER S19 & 530-TIN-R67W FOUND 2" ALUM. CAP PLS-23027, 2001 IN MONUMENT BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: 1 "=200 DATE: I I-03-22 DRAWN BY: DRH SHEET: 2 of 2 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , _, between E. Marie & Jordan J. Gutierrez (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. 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: E. Marie Gutierrez Jordan J. Gutierrez 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(l)(a). Dated this day of ATTEST: Weld County Clerk to the Board By: , 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 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). - -- 4923631 Pages: 7 of 13 10/02/2023 02:16 PM R Fee :$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO � viii UIPO ,a�: ruln I III EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF' THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4765445, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 19, ALSO DESCRIBED AS SHOWN; TE-02 THENCE NORTH 03'38'13" EAST, A DISTANCE OF 917.86 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 60.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, AND DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3271882, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00'06'41" WEST, A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 89'53'19" EAST, A DISTANCE OF 15.00 FEET, TO A POINT 75.00 FEET EAST OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 75.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, SOUTH 00'06'41" EAST, A DISTANCE OF 737.06 FEET; THENCE SOUTH 44'59'07" EAST, A DISTANCE OF 119.29 FEET, TO A POINT 105.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 105.00 NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER, NORTH 89'51'34" WEST, A DISTANCE OF 14.17 FEET; THENCE NORTH 44'59'07" WEST, A DISTANCE OF 113.37 FEET, TO A POINT 65.00 FEET EAST OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 65.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, NORTH 00'06'41" WEST, A DISTANCE OF 731.19 FEET; THENCE SOUTH 89'53'19" WEST, A DISTANCE OF 5.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8.605 sf. OR 0.198 ac. MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT 4923631 Pages: 8 of 13 10/02/2023 02:18 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO ���� !PORN" Fl MINIMA Mil II PROJECT NO: OR -56 SCALE; DATE: 9-01-23 'DRAWN BY: DRHJSHEET: I of3 EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4765445, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 19, ALSO DESCRIBED AS SHOWN; TE-02A THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19, SOUTH 89'51'34" EAST, A DISTANCE OF 783.66 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00'08'26" EAST, A DISTANCE OF 105.00 FEET, TO THE TRUE POINT OF BEGINNING, THENCE NORTH 89'51'34" WEST, A DISTANCE OF 51.41 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE 100.54 FEET WHOSE RADIUS IS 75.00 FEET, CENTRAL ANGLE IS 76'48'20" AND WHOSE CHORD BEARS NORTH 55'43'27" WEST, A DISTANCE OF 93.18 FEET, TO A POINT OF TANGENT; THENCE SOUTH 85'52'23" WEST, A DISTANCE OF 229.32 FEET, TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 206.67 FEET WHOSE RADIUS IS 125.00 FEET, CENTRAL ANGLE IS 94'43'56" AND WHOSE CHORD BEARS NORTH 46'45'39" WEST, A DISTANCE OF 183.92 FEET; THENCE NORTH 00'36'19" EAST, A DISTANCE OF 81.50 FEET; THENCE SOUTH 89'23'41" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00'36'19" WEST, A DISTANCE OF 81.50 FEET, TO A POINT OF CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE 124.00 FEET WHOSE RADIUS IS 75.00 FEET, CENTRAL ANGLE IS 94'43'56" AND WHOSE CHORD BEARS SOUTH 46'45'39" EAST, A DISTANCE OF 110.35 FEET; THENCE NORTH 85'52'23" EAST, A DISTANCE OF 229.32 FEET, TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 183.03 FEET WHOSE RADIUS IS 125.00 FEET, CENTRAL ANGLE IS 83'53'43" AND WHOSE CHORD BEARS SOUTH 52'10'45" EAST, A DISTANCE OF 167.11 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 30,898 sf. OR 0.709 cc. MORE OR LESS. TOTAL COMBINED AREA TE-02 3 TE-02A 39,503 sf. OR 0.907 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 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ WELD COUNTY, COLORADO 1861 r -7,- r GQUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: DATE: 9-01-23 !DRAWN BY: DRH!SHEET: 2 of 3 49236°31 Pages: 9 of 13 10/02/2023 02116 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO kirili1D1kYi Yak "III EXHIBIT -B ee 1 00' W1/4 CORNER S19—T1N—R67W t FOUND 3 1/4" ALUM. CAP : ,' 6,'•`?"LS IN MONUMENT BOB36053, — R___-_______ t------- >fi • '`ti IN MONUMENT B --�— RESERVOIR � :..� ---'-- TN FARMERS R . •. gG IRRit'.'f1O_N! �t----- t �J,t 1i '� �.y R EXISTING 60' RIGHT-OF-WAY84 ,/ i.. re) REC#33105, APR. 18, 18 'Y 1S ADDITIONAL. RIGHT-OF-WAY REC+fi327i8$2, MAR. I28, 2005 t AGREEMENT PURCHASE RIGHT-OF-WAY G OF -WAY Ce REC#3243764, DEC. 14, 2004 CURVE TABLE U 13 TE-O2 C# LENGTH RADIUS DELTA CHD B CHD TEMPORARY C1 100.54' 75.00' 76'48'20' 555'43'27"W 93.18' CONSTRUCTION C2 206.67' 125.00' 94'43'56" 546'45'39"W 183.92' TE-02 . � ] EASEMENT ACQUIRED C3 124.00' 75.00' 94'43'56" S46'45'39"E 110.35' P.0 B t 0 z N o 8,605 sf. OR 0.198 C4 183.03' 125.00' 83'53'43" S52' O'45"E 167.11' N I ac.± �/ IS L4 --1000 SE SE SE LINE TABLE -0 LINE BEARING DISTANCE E. MARIE GUTIERREZ & L1 503'38'13"E 917.86' JORDAN J. GUTIERREZ L2 500'06'41"W 10.00' PARC.#146919300067 L3 589'53'19"E 15.00' RECP.#4765445 L4 SOO'O6'41"E 737.06' AM SE -1101 L5 S44'59'O7"E 119.29' RECP.# 37641 s5 L6 589'51'34"W 14.17' FINANCING PURPOSE L7 N44'59'O7"W 113.37' TOTAL COMBINED AREA L8 900'06.41"W 731.19' TE-02 & TE-02A TE—O2A L9 S89'53'19"W 5.00' 39,603 sf. OR 0.907 ac.± TEMPORARY L1O S89'51'34"E 783.66' CONSTRUCTION L11 NOO'O8'26"E 105.00' L15 EASEMENT ACQUIR L12 N89'51.34"W 51.41' 30,898 sf. L13 S85'52'23"W 229.32' L14 Lt6 OR 0.709 ac.t L14 5OO'36'19"E 81.50' L15 S89'23'41 "E 50.00' C3 01 L16 SOO'36'19"W 81.50' L17 L17 085'52'23"E 229.32' I 1 \\L5 L7\L13 C2 C1 - - C4 TE-02A P.O.B. JL6 FUTURE RIGHT-OF-WAY L12 L11 HUNT BROTHERS PROPERTIES, INC.. ■ _ §89'51' 3_41E 1291_.4_90 - - R7 j!,,Ii5 nEXISTING 60' RIGHT-OF-WAY W-1/16 CORNER REC#25828 Sig & S30-T1N-R67W .O.C. JUNE 26, 1886 KIRKMEYER FOUND 2" ALUM. CAP SW CORNER 1PLS-23027, 2001 S19-T1N-R67W U4 IN MONUMENT BOX FOUND 2 1/2" ALUM. CAP �] PLS-24305, 2002 1 IN MONUMENT BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 1T IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION .. ----4 '861 1 I r ! -' 1, Lo r p -_ ,c_Q U N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ COUNTY, COLORADO PROJECT NO: GR-56 'SCALE: r=200WELD DATE: 9-01-23 DRAWN BY: DRFIISHEET: 3of3 4923651 Pages: 10 of 13 10/02/2023 02:10 PM R Fee:$0.00 Carly Koppel, Clark and Raoordar, Weld County , CO 11111 11111 5160 I N00'36'19 -E 10340 PT: 6+41.49 N 254677 84 E 157280.87 1=165.34 R=100.00' A=94.43'56" ChB=N46°45'39"W ChL=147.14' EXISTING ENTRANCE TO BE REMOVED Pr- ROW STA 0+28.70 EL=5146.20 5155 -2.00% 5150 STA: 0+00.00 EL=5146 77 5145 -0 65%-" 5140 5135 5130 Computer File Information Pr -ROW TIE TO EXISTING DRIVEWAY END DRIVEWAY CONSTRUCTION STA: 6+90.87 OFFSET 0.00' r PC. 4+76.15 N 254577.04 E 157388.06 DD PROPOSED ENTRANCE ALIGNMENT Pr -ROW .yI END ASPHALT SURFACE BEGIN GRAVEL SURFACE STA 4+00.00 OFFSET 0.00' SEE NEXT SHEET FOR TYPICAL SECTION DETAILS S85"5Z23'W 228 32 Pr -ROW GUTIERREZ PT 2+418,83 N 254%3.55 E 1576116.78 N00' 11' 18"E 82.22 Pr -ROW RADIUS = 45 FT PC 0+82.72 N 254493.48 E 157723.98 Pr -ROW RADIUS = 45 FT a Pr -ROW Pr -ROW r (INSTALL 48 FT OF 30 x 19 FRCP ALONG WITH 2 30 x 19 FLARED END SECTIONS. SEE PI' E SHEETS FOR DETAILS •128U' -AN -3+$0 � i�b'�. , t 3 s 12-t-- t - -"t ' i po , �2+DU� 183 PLAN AND PROFILE FOR ENTRANCE STA 130+74 LEFT 100 20D Feet EXHIBIT C Tigi • —134+fir' r ` i 13` OD t'A -y35,f )A ;? A HORI2 1" = 10' �" , LOW Pr STA 0+92.74 LOW LIT EL 5145.83 r SAD SURFAICE STA EV-5151.30 6+04.01 STA 51$2.36 EL -51 2.37 PVI P TA. 1+18.40 1.61 O VPT 1+89.72 o n o. 1 to 70.00 C142.85 1 31 r Si t22% PRO WIT ___�✓'rte OSED 30 1.39' CI�R K 19 HERC{� J ga >in M a§ al ELEV= 51 VPT= 4+Q EXISTING SURFACE PVI STA, PV1 Et 3+50.04 82 K 244.77 LVC ' HIGH PT StA HIGH PT EL x5148 i 00.00 4+00.04 5149.31 f v1 x w I PROP=5146 06 EX=5143.9 PROP=5145.93 ` FX=5144.15 PROP=5148.17 EX=5145.4 PROP=5146.75 EX=5146.54 PROP=5147.44 EX=5147.6 el coy - Q a 7i)O C " a PROP=5148.77 EX=5148.7 PROP=5149.31 EX=5148 96 PROP=5149.80 EX=5149.4 PROP=5150.29 EX=t, 149.89 PROP -5150 78 EX=5150.9 PROP=5151.27 EX=5151.88 PROP■5151.87 EX= II a cf a Crealio^ Date: 8/23/2021 In lials. MDL Last Modited Date: 5/09/2023 ItltUals MDL Full Pam. µ,PROJEC1S OEs cJMi ACR13-AND-WCPSWROOUCTIO4 ONG& Diaw,ng le Name: ENTRANCE-SHEETS_WCR6-WCR 13.OWG AutoCAD Version 20.9 Scale AS NOTED Units Lngllsh 1100 2+00 Index of Revisions Dale Comments 3+00 4+00 5+00 WELD COUNTY 6+00 7+00 5160 5155 5150 5145 5140 5135 5130 As Constructed PUBLIC WORKS DEPARTMENT 1111H STREET P.O. BOX 758 GREELEY. CO. 83632-0756 PHONE. (970) 356-4000 FAX (970) 304-6497 No Revisions _ WCR 6 AND WCR 13 INTER. ENTRANCE 130+74 LEFT 5 WCR 6 KEYMAP NOT TO SCALE CALL UTILITY NOTIFICATION CENTER or COLORADO satkillonedis CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNUERGROUNT: MEMBER UTILITIES Project No /Code Rev;se d Vu d Designer M. LAPORIE [T)r::taller M LaPORTE i C;R-56 Sneet Subset Sneel Number '07 of 26C GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between E. Marie & Jordan J. Gutierrez, (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 B. 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 December 31, 2026, 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. GRANTOR: E. Marie Gutierrez Jordan J. Gutierrez 4923651 Pages: 12 of 13 10/02/2023 02:10 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County , CO IIIIIAT 1I II ws, ••_, N < s W Maw ONw �-+► y ta S -S ...a -O NC 10 so XI JiA aPXI a 0 -no q -A a CIA IC re es Mw 1-0 Mb L� a fr �o c e. o EXISTING GROUND EXISTING GROUND 1600' 8.00 196 1YP 3 INCHES HMA PG 64-22 80o' 3:1 SIDE SLOPES TYP 6 INCHES ABC (CLASS 6)(VIRGIN) 3 INCHES RECONDITION AND RECOMPACT SUBGRADE ENTRANCE TYPICAL SECTION EDGE OF ROADWAY TO STA 4+00 NOT TO SCALE 16.00' 8 00 1% TYP. 1% TYP. 31 SIDE SLOPES TYP. 6 INCHES ABC (CLASS 8)(VIRGIN) 8 INCHES RECONDITION AND RECOMPACT SUBGRADE ENTRANCE TYPICAL SECTION STA 4+00 TO 6+90.67 NOT TO SCALE Computer File Information CreaIor Dale: 8/23/2021 Initials MDL Last Modified Date. 5/09/2023 Initials MDL Full Path M IPROJEC15 0ESIGNMICR I 3-AND-Wn RWWRODUC ION 0VV3S Oraweg rde Name ENTRANCE -SHEETS WCRB-WCRI3.DWG AutoCAD Version: 2019 Scale: AS NOTED Lnits Engl;sh Index of Revisions Date Ccnrmcna; WELD COUNTY As Constructed PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY. Co. 80632-0758 PHONE: (970) 356-4000 FAX. (970) 304-6497 No Revisions WCR 6 AND WCR 13 INTER. ENTRANCE 130+74 TYPICALS Project No./Code Revises Vold Designer M. LaPORTE Detailer M LaPORTa f GR-58 Sheet Subset Sheet Subset Sr eel N;,riber 106 of 260 Houstan Aragon From: Sent: To: Subject: Tiffane Johnson Friday, September 22, 2023 12:13 PM Houstan Aragon Re: Contract ID #7389 Yes that's correct Jordan has power of attorney for his mom. Thanks for checking. Sorry I'm just seeing this. I'm out today. Sent from my iPhone On Sep 22, 2023, at 11:11 AM, Houstan Aragon <haragon@weld.gov>wrote: Good morning, I just wanted to double check with this Agreement to Purchase ROW from Jordan and E. Marie Gutierrez. All of the documents and the agreement itself list both names as the property owner, but the agreement only has one signature (Jordan) and not both. Is that something that needs to be corrected? Please Advise. Thanks, Houstan Aragon Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4224 Email: haragon�weld. qov <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. <Contract ID #7389.pdf> ct Fj Entity Information Entity Name* GUTIERREZ, E MARIE Contract Name" E. MARIE AND JORDAN J. GUTIERREZ Contract Status CTB REVIEW Entity ID* @00021041 o New Entity? Contract ID 7389 Contract Lead * TVJOHNSON Contract Lead Email tvjohnson@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN E. MARIE & JORDAN J. GUTIERREZ AND WELD COUNTY, COLORADO Contract Description 2 Contract Type" AGREEMENT Amount* $71,818.00 Renewable * NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 09/14/2023 09/18/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 09/18/2023 Committed Delivery Date Renewal Date Expiration Date* 09/18/2026 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 09/20/2023 09/21/2023 09/21/2023 Final Approval BOCC Approved Tyler Ref # AG 092523 BOCC Signed Date Originator TN/JOHNSON BOCC Agenda Date 09/25/2023 MEMORANDUM TO: Clerk to the Board DATE: December 13, 2023 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Accept Deed of Dedication CONTRACT ID: 7389 RE: County Road 6 and County Road 13 Intersection Improvements Please place the attached Deed of Dedication on the next available consent agenda for acceptance by the Board of County Commissioners per the Approved Agreement for Purchase of Certain property approved September 25, 2023, at docket 2023-2787. Please also add to the case file and re-record if necessary, the attached signed Grant of Temporary Construction. This is Exhibit B to the Agreement for Purchase of Certain property. (Docket 2023-2787.) UnintileiriGto 2J2O/2 cc:PwC"fF1') ialatla3 01/73124 Zo23Ztfl EC-�oOF 1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this ZO day of lC s , 223, between 6045 County Rd 6 Trust (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(l)(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. G' •R: Jorr.n J. G errez STATE OF COLORADO ) ss. COUNTY OF WELD ) ,k,\ The foregoing instrument was acknowledged before me this q44‘ day of ht a,nrA, , 2023, by l5o Id as ,,,A=LE --t tf Witness my hand and official seal. ota ublic ANTUJUANA BOSTON JONES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214015833 MY COMMISSION EXPIRES APRIL 22, 2025 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 D emvuow , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board ,WELD COUNTY, COLORADO B ,► V l Deputy Clerk to the Board , �� air, Board of County Commissioners *No Deed of Dedication is valid untit 43-2-201(1)(a). 4939423 Pages: 1 of 3 01/11/2024 12:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111NIVIMIMMIIIIArGMIPIII+IQKik kill 1101 rd of County Commissioners pursuant to C.R.S. `aCVaa - t-1 ' 7 (i )- I EXHI IT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4765445, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 19, ALSO DESCRIBED AS SHOWN; THENCE NORTH 63'31'31" EAST, A DISTANCE OF 66.96 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 60.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER AND DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3271882, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 6, BEING 30.00 FEET NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER, AND DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 25828, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00'06'41" WEST, A DISTANCE OF 886.16 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 89'53'19" EAST, A DISTANCE OF 5.00 FEET, TO A POINT 65.00 FEET EAST OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 65.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, SOUTH 00°06'41" EAST, A DISTANCE OF 731.19 FEET; THENCE SOUTH 44'59'O7" EAST, A DISTANCE OF 113.37 FEET, TO A POINT 105.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 105.00 NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER, SOUTH 89'51'34" EAST, A DISTANCE OF 960.34 FEET; THENCE SOUTH 00'08'26" WEST, A DISTANCE OF 75.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 6; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89'51'34" WEST, A DISTANCE OF 1045.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 85,642 sf. OR 1.966 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 RIGHT OF WAY ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ- RW-02 WELD COUNTY, COLORADO 4939423 Pages: 2 of 3 01/11/2024 12:60 PM R Fee:$0.00 Carly KoPPes, Clerk and Recorder, Weld County , CO WELD COUNTY DEPARTMENT 1gOF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: DATE:11-03-•22 DRAWN BY: DRHI SHEET: I of 2 to FATMIPLCIV:l 11111 EXHIBIT -A U RW-02 P.O.B. L4 L2 W1/4 CORNER S19 -T1 N-R67W FOUND 3 1/4" ALUM. CAP LS -36053, 2006 IN MONUMENT BOX R--- TH FARMERS RRESERVO RR EXISTING 60' RIGHT-OF-WAY REC#13105, APR. I-8 1884 ADDITIONAL RIGHT-OF-WAY REC#3271882, MAR.28,2005 AGREEMENT PURCHASE RIGHT-OF-WAY REC#3243764, DEC. 14, 2004 SE _ 5.00' SE SE _ LINE TABLE W -O E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ PARC.#146919300067 RECP.#4765445 AM SE -1101 RECP4 3764195 FINANCING PURPOSE RW—O2 RIGHT—OF—WAY ACQUIRED 85,642 sf. OR 1.966 ac.± L6 LINE BEARING DISTANCE L1 L2 063'31'31"E 000'06'41"W 089'53'19"E 5OO'O6'41"E 544'59'O7"E S89'51'34"E SOO'O8'26"W 089'51'34"W 66.96' 886.16' 5.00' 731.19' 113.37' 960.34' 75.00' 1045.00' L3 L4 L5 L6 L7 L8 o L8 S89'51'34"E 1291.49' 8 L7 -WCR-6 EXISTING 60' RIGHT-OF-WAY I -W-1/16 CORNER REC#25828 S19 & S30-T1N-R67W .O.C. JUNE 26, 1886 KIRKMEYER FOUND 2" ALUM. CAP SW CORNER PLS-23027, 2001 S19-T1N-R6IN MONUMENT BOX FOUND 2 1/2"7W ALUM. CAP� PLS-24305, 2002 ' IN MONUMENT BOX 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. RIGHT OF WAY ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ- RW-02 WELD COUNTY, COLORADO GO N 4939423 Pages: 3 of 3 01/11/2024 12:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 1111 TY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 I SCALE: 1"=200 DATE:11-03-22IDRAWN BY: DRHISHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between 6045 County Road 6 Trust, (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 B. 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 December 31, 2026, 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 of the TCE. Joran J ' utierrez 4939424 Pages: 1 of 4 01/11/2024 12:60 PM R Fee:$0.00 Carly Koppu , Clark and Recorder, Weld County , CO aoa3- a -i$7 (l)- a EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4765445, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00°06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 19, ALSO DESCRIBED AS SHOWN; TE-02 THENCE NORTH 03'38'13" EAST, A DISTANCE OF 917.86 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 60.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, AND DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3271882, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00°06'41" WEST, A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 89'53'19" EAST, A DISTANCE OF 15.00 FEET, TO A POINT 75.00 FEET EAST OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 75.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, SOUTH 00'06'41" EAST, A DISTANCE OF 737.06 FEET; THENCE SOUTH 44°59'07" EAST, A DISTANCE OF 119.29 FEET, TO A POINT 105.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 105.00 NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER, NORTH 89°51'34" WEST, A DISTANCE OF 14.17 FEET; THENCE NORTH 44°59'07" WEST, A DISTANCE OF 113.37 FEET, TO A POINT 65.00 FEET EAST OF THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG A LINE 65.00 FEET EAST AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, NORTH 00'06'41" WEST, A DISTANCE OF 731.19 FEET; THENCE SOUTH 89'53'19" WEST, A DISTANCE OF 5.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,605 sf. OR 0.198 ac. MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ WELD COUNTY, COLORADO 4939424 Pages: 2 of 4 01/11/2024 12:50 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO iii ii hi Ii 1 'a' IN1 N"III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT DATE: 9-01-23 DRAWN BY: DRHJSHEET: 1 0C3 EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4765445, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 19, ALSO DESCRIBED AS SHOWN; TE-02A THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19, SOUTH 89'51'34" EAST, A DISTANCE OF 783.66 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00'08'26" EAST, A DISTANCE OF 105.00 FEET, TO THE TRUE POINT OF BEGINNING. THENCE NORTH 89'51'34" WEST, A DISTANCE OF 51.41 FEET, TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE 100.54 FEET WHOSE RADIUS IS 75.00 FEET, CENTRAL ANGLE IS 76°48'20" AND WHOSE CHORD BEARS NORTH 55'43'27" WEST, A DISTANCE OF 93.18 FEET, TO A POINT OF TANGENT; THENCE SOUTH 85'52'23" WEST, A DISTANCE OF 229.32 FEET, TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 206.67 FEET WHOSE RADIUS IS 125.00 FEET, CENTRAL ANGLE IS 94'43'56" AND WHOSE CHORD BEARS NORTH 46'45'39" WEST, A DISTANCE OF 183.92 FEET; THENCE NORTH 00'36'19" EAST, A DISTANCE OF 81.50 FEET; THENCE SOUTH 89'23'41" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00'36'19" WEST, A DISTANCE OF 81.50 FEET, TO A POINT OF CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE 124.00 FEET WHOSE RADIUS IS 75.00 FEET, CENTRAL ANGLE IS 94°43'56" AND WHOSE CHORD BEARS SOUTH 46'45'39" EAST, A DISTANCE OF 110.35 FEET; THENCE NORTH 85°52'23" EAST, A DISTANCE OF 229.32 FEET, TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 183.03 FEET WHOSE RADIUS IS 125.00 FEET, CENTRAL ANGLE IS 83°53'43" AND WHOSE CHORD BEARS SOUTH 52'10'45" EAST, A DISTANCE OF 167.11 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 30,898 sf. OR 0.709 ❑c. MORE OR LESS. TOTAL COMBINED AREA TE-02 & TE-02A 39,503 sf. OR 0.907 ac. MORE OR LESS THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLO 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION E. MARIE GUTIERREZ 8z JORDAN J. GUTIERREZ WELD COUNTY, COLORADO 4939424 Pages: 3 of 4 01/11/2024 12:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO --�GOU,tiT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: DATE: 9-01-23 DRAWN BY: DUI SHEET: 2 0 11111 liAtEM CWd BB it l EXHIBIT -B TE-02 ao P.O.B. (2., u) ��a W N o m O 8 L1 5.0 L4 R R R W1/4 CORNER S19 -T1 N-R67W FOUND 3 1/4" ALUM. CAP LS -36053, 2006 IN MONUMENT BOX R-' TH� FA RRES R' R� �GARTIO N --_ V��0' EXISTING 60' RIGHT-OF-WAY 0/ REC#13105, APR. 18, 1884 ADDITIONAL RIGHT REC#3271882, MAR. 28, 2005 C✓V AGREEMENT PURCHASE RIGHT-OF-WAY 10.00' L7 5 6 REC#3243764, DEC. 14, 2004 TE-O2 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 8,605 sf. OR 0.198 ac.± R CURVE TABLE CA LENGTH RADIUS DELTA CHD B CHD C1 100.54' 75.00' 76'48'20" N55'43'27"W 93.18' C2 206.67' 125.00' 94'43'56" N46'45'39"W 183.92' C3 124.00' 75.00' 94'43'56" 546'45'39"E 110.35' C4 183.03' 125.00' 83'53'43" S52°1O'45"E 167.11' SE SE SE TE E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ PARC.#146919300067 RECP.#4765445 AM SE -1101 RECP.(� 3764795 FINANCING PURPOSE TOTAL COMBINED AREA TE-02 & TE-02A 39,503 sf. OR 0.907 ac L15 TE—O2A TEMPORARY CONSTRUCTION W EASEMENT ACQUIR 30,898 sf. L16 OR 0.709 ac.± FUTURE RIGHT-OF-WAY S89'51'34"E 1291.49 o EXISTING 60RIGHT-OF-WAY REC#25828 .O. C. JUNE 26, 1886 SW CORNER S19 -T1 N-R67W FOUND 2 1/2" ALUM. CAP PLS-24305, 2002 IN MONUMENT BOX TEMPORARY CONSTRUCTION EASEMENT ACQUISITION E. MARIE GUTIERREZ & JORDAN J. GUTIERREZ WELD COUNTY, COLORADO 4939424 Pages: 4 of 4 01/11/2024 12:50 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO L1O KIRKMEYER LINE TABLE LINE BEARING Li NO3'38'13"E L2 DISTANCE 917.86' 10.00' 15.00' 737.06' 119.29' 14.17' 113.37' 731.19' 5.00' 783.66' 105.00' 51.41' 229.32' 81.50' 50.00' 81.50' 229.32' NOO'O6'41 "W N 89'53' 19"E SOO'O6'41 "E S44'59'O7"E 589'51'34"W N44'59'O7"W NOO`O6'41 "W S89'53'19"W S89'51'34"E N OO'O8'26"E N89°51'34"W S85'52'23"W NOO'36'19"E S89'23'41 "E SOO'36'19"W N85'52'23"E L3 L4 L5 L6 L7 L8 L9 L1O L11 L12 L13 L14 L15 L16 L17 TE-02A P.O.B. W-1/16 CORNER S19 & S30-T1N-R67W FOUND 2" ALUM. CAP PLS-23027, 2001 IN MONUMENT BOX 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. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: OR -56 SCALE: 1"-200 DATE: 9-0i-23 DRAWN BY: DRH SHEET: ���� 111 KIP44'14a1I R114IWCI11111 4919439 09/07/2023 01:42 PM Total Pages: 6 Rec Fee: $38.00 Carly Koppes - Clerk and Recorder, Weld County , CO Recording Requested By: When Recorded Return to: Anderson Business Advisors, PLLC 732 Broadway, Suite 201 Tacoma, Washington 98402 Mail Tax Statement To: 6045 County Rd 6 Trust 3225 McLeod Drive, Suite 777 Las Vegas, Nevada 89121 SPACE ABOVE THIS LINE FOR RECORDER'S USE Warranty Deed THIS DEED, Made this j 516 day of A u. 4-S÷ , 2023, between E. Marie Gutierrez 50% interest and Jordan J. Gutierr 50% interest, of Brighton City, County of Weld and State of Colorado, grantor, and 6045 County Rd 6 Trust, dated June 30, 2023, Carter Coons, Esq., his successor or successors in interest, as Trustee, whose legal address is 3225 McLeod Drive, Suite 777, Las Vegas, Nevada 89121 of the County of Clark and State of Nevada, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: Legal description attached hereto as Exhibit "A" and incorporated herein by this reference. also known as: 6045 County Road 6, Brighton, Colorado 80603 Reservations and Restrictions attached hereto as Exhibit "A" and incorporated herein by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to 4919439 09/07/2023 01:42 PM Page 2 of 6 grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due and payable, easements, restrictions, reservations, covenants and rights of way record, if any, Full power and authority is hereby granted to said trustee to improve, subdivide, protect, conserve, sell, lease, encumber and otherwise manage and dispose of said property or any part thereof, to dedicate parks, streets, highways or alleys and to vacate any subdivision or part thereof, and to resubdivide said property as often as desired, to contract to sell, to grant options to purchase, to sell on nay terms, to convey either with or without consideration, to convey said property or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust all of the title, estate, powers and authorities vested in said trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said property, or any part thereof, to lease said property or any part thereof, from time to time, in possession or reversion, by leases to commence praisenti or futuro, and upon any terms and for any period of time, not exceeding in the case of any single demise the term of 99 years, and renew or extend leases upon any terms and for any periods of time and to amend, change or modify leases and the terms and provisions thereof at any time or times hereafter, to contract to make leases and to grant options to lease and options to renew leases and options to purchase the whole or in any part of the reversion and to contract respecting the manner of fixing the amount of present or future rentals, to partition or to exchange said property, or any part thereof, for other real or personal property, to submit said property to condominium, to grant easements or charges of any kind, to release, convey or assign any right, title or interest in or about or easement appurtenant to said premises or any part thereof, and to deal with said property and every part thereof in all other ways and for such other considerations as it would be lawful for any person owning the same to deal with the same, whether similar to or different from the ways above specified, at any time or times hereafter. Any contract, obligation, indebtedness, or other incurred or entered into by the Trustee under the terms of the aforesaid Trust in connection with said property shall be as Trustee of an express trust and not individually and the Trustee shall have no obligation whatsoever with respect to any such contract, obligation or indebtedness except only so far as the trust property in the actual possession of the Trustee shall be applicable for the payment and discharge thereof; and it shall be expressly understood that any representations, warranties, covenants, undertakings and agreements hereinafter made on the part of the Trustee, while in form purporting to be representations, warranties, covenants, undertakings, promises, and agreements by the Trustee, are nevertheless made and intended not as personal representations, warranties, covenants, undertakings, and agreements by the Trustee or for the purpose or with the intention of binding Said Trustee personally, but are made and intended for the purpose of binding only the trust property specifically described herein, and that no personal liability of personal responsibility is assumed by nor shall at any time be asserted or enforceable against the trustee individually or on account of any instrument executed by or on account of any representation, warranty, covenant, undertaking or agreement of the said Trustee, either released and all persons, corporations and other legal entities whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing for record for this Deed. In no case shall any party dealing with said Trustee in relation to said property, or to whom said property or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by said Trustee, be obliged to see to the application of any purchase money, rent or money borrowed or 4919439 09/07/2023 01:42 PM Page 3 of 6 advanced on said property, or be obliged to see that the terms of this trust have been complied with, or obliged to inquire into the necessity or expediency of any act of said Trustee, or be obliged or privileged to inquire into any of the terms of said trust agreement; and every deed, trust deed, mortgage, lease or other instrument executed by said Trustee in relation to said property shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument, (a) that at the time of the delivery thereof the trust created by this Indenture and by said trust agreement was in full force and effect, (b) that such conveyance or other instrument was binding upon all beneficiaries thereunder, (c) that the Trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument, and (d) if the conveyance is made to a successor or successors in trust, that such are fully vested with all the title estate, rights, powers, authorities, duties and obligations of its, his or their predecessor in trust. The interest of each beneficiary under the trust agreement hereunder and of all persons claiming under them or any of them shall be only in possession, earnings, avails and proceeds arising from the sale or other disposition of said property, and such interest is hereby declared to be personal property, and no beneficiary hereunder shall have any title or interest, legal or equitable, in or to said property as such, but only an interest in the possession, earnings, avails and proceeds thereof as aforesaid. The situs of the domicile of the Beneficiary shall be the governing jurisdiction for any legal action undertaken pursuant to the interests of any Beneficiary hereunder. The Power(s) of Direction over the actions of the Trustee shall be held by those holding a majority of Beneficial shares unless otherwise granted herein. The initial Trustee holding title to the aforesaid property for the aforenamed trust under the terms of the aforesaid trust agreement shall be Carter Coons, Esq. The sites of the domicile of said trust shall be the domicile of the Trustee and of any successor Trustee who shall henceforth act in that capacity. The said sites of the Trust shall be the governing jurisdiction for any legal action undertaken pursuant to the assets of the aforesaid trust. In the event of the said Trustee's death, incapacity, disappearances, bankruptcy, resignation or unwillingness to act in accordance with directions given by the filing of a death certificate or notice of dismissal of the initial Trustee or of any successor Trustee hereafter named in the Public Records of the county in which any trust property is held, along with an Affidavit attesting to the appointment and acceptance by any of the following successor Trustees, without regard to the order in which listed, shall be effective to vest title to said successor Trustee or Trustees. 4919439 09/07/2023 01:42 PM Page 4 of 6 IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. 1 E. Mari Gutierrez, Grantor Acknowledgement State ofAla ra_dr) County of Irdel ) 155. On A u e4 15th , 2023, before me, V (Lae.k , a Notary Public, pthonall appeared, erso lly known to nee (or proved to me on the Y E. Marie Gutierrez, p basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrutnent. } SITYELA SWIATEK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184026047 MY COMMISSION EXPIRES JUNE 22, 2026 Acknowledgement State of C010 r ado County of UJQId )ss. WITNESS my hatofficial seal. O On t{t- 15' , 2023, before me, &a SLj(_1< , a Notary Public, pe nally appeared, Jordan J. Gutierrez, perso ly known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SITYELA SWIATEK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184026047 I MY COMMISSION EXPIRES JUNE 22, 2026 WITNESS my hand �Tidal seal. s / �X Nota Public 4919439 09/07/2023 01:42 PM Page 5 of 6 Exhibit "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WELD, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: PARCEL 2: (SOUTHERLY OF CANAL) THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., LYING WESTERLY OF THE CENTERLINE OF THE ABANDONED MAIN TRACT OF THE BOULDER BRANCH OF THE UNION PACIFIC RAILROAD COMPANY AS DESCRIBED IN DEED RECORDED JANUARY 30, 1978 IN BOOK 821, RECEPTION NO. 1742988, AND LYING SOUTHERLY OF A STRIP OF LAND, 60 FEET WIDE, CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY BY DEED RECORDED DECEMBER 11, 1914 IN BOOK 406 AT PAGE 293 FOR THE EAST BRANCH OF THE BULL CANAL, WITH SAID STRIP OF LAND, 60 FEET WIDE, BEING REALIGNED AS SHOWN IN DEED RECORDED JANUARY 6, 1984 IN BOOK 1017, RECEPTION NO. 01952227, BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19 AND ASSUMING THE WESTERLY LINE OF SAID SOUTHWEST 1/4 OF SECTION 19 AS BEARING NORTH 00 DEGREES 29'20" WEST AS SHOWN ON THE PLAT OF MOUNTAIN VIEW ESTATES MINOR SUBDIVISION, RECORDED AUGUST 18, 2000 AS RECEPTION NO. 2788080, WITH ALL OTHER BEARINGS BEING RELATIVE THERETO; THENCE NORTH 00 DEGREES 29' 20" WEST ALONG SAID WESTERLY LINE OF THE SOUTHWEST 1/4 OF SECTION 19 A DISTANCE OF 1081.45 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID STRIP OF LAND, 60 FEET WIDE, CONVEYED TO FARMERS RESERVOIR AND IRRIGATION COMPANY FOR THE EAST BRANCH OF THE BULL CANAL, SAID SOUTHERLY LINE BEING 35 FEET SOUTHERLY OR EXTENDING 35 FEET TO THE RIGHT OF THE CENTERLINE OF SAID EAST BRANCH OF THE BULL CANAL AS NOW CONSTRUCTED; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF THE EAST BRANCH OF THE BULL CANAL, THE FOLLOWING 3 COURSES: (1) NORTH 73 DEGREES 46'09" EAST A DISTANCE OF 42.30 FEET; (2) NORTH 84 DEGREES 46'10" EAST A DISTANCE OF 119.69 FEET; (3) NORTH 84 DEGREES 01'10" EAST A DISTANCE OF 708.38 FEET TO THE CENTERLINE OF SAID ABANDONED MAIN TRACT OF THE BOULDER BRANCH OF THE UNION PACIFIC RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, AND A CURVE TO RIGHT, HAVING A RADIUS OF 2864.93 FEET; A CHORD THAT BEARS SOUTH 49 DEGREES 38'00" EAST 233.55 FEET, A DELTA ANGLE OF 4 DEGREES 40'19" AND AN ARC LENGTH OF 233.61 FEET; THENCE SOUTH 47 DEGREES 17'50" EAST CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1257.06 FEET; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE AND A CURVE TO THE LEFT, HAVING RADIUS OF 5729.65 FEET; A CHORD THAT BEARS SOUTH 48 DEGREES 32'39" EAST 249.36 FEET, A: DELTA ANGLE OF 2 DEGREES 39'38" AND AN ARC LENGTH OF 249.38 FEET TO THE SOUTHERLY LINE OF LAID SOUTHWEST 1/4 OF SECTION 19; THENCE 89 DEGREES 45'28" WEST ALONG SAID SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SECTION 19 A DISTANCE OF 2143.75 FEET TO THE POINT OF THE BEGINNING, COUNTY OF WELD, STATE OF COLORADO. 4919439 09/07/2023 01:42 PM Page 6 of 6 LESS AND EXCEPT: A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 19 BEARS N 00 DEGREES 06'35" W AND MONUMENTED AS FOLLOWS: THE WEST QUARTER CORNER OF WHICH BEING A 2" ALUM. CAP. L.S. 25937. THE SOUTHWEST CORNER OF WHICH BEING A. 2.5" ALUM. CAP. L.S. 24305. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19; THENCE N 00 DEGREES 06'35" W ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF 30.00 FEET; THENCE S 89 DEGREES 51'41" E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE N 00 DEGREES 06'35" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT RECEPTION NO. 1952226, WELD COUNTY PUBLIC RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1)N 74 DEGREES 08'54" E A DISTANCE OF 11.13 FEET; 2)N 85 DEGREES 08'55" E A DISTANCE OF 19.35 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00 DEGREES 06'35" E ALONG A LINE LYING 30 FEET EASTERLY AND RUNNING PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1064.79 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE N 89 DEGREES 51'41" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 31,893 SQ. FT. OR 0.7322 ACRES MORE OR LESS. DocuSign Envelope ID: 89752500-AC91-42F1-B62F-7D37FB60C7DC Jordan Gutierrez, 6045 County Road 6 Brighton, Colorado 80603 Re: Resignation as Trustee of the 6045 County Rd 6 Trust Dear Jordan, This letter dated 10/18/2023 serves as official notice of my resignation as Trustee under the 6045 County Rd 6 Trust, dated June 30, 2023. Pursuant to Paragraph 13 of said Trust Agreement, my resignation will be effective immediately and Jordan J. Gutierrez as successor trustee under said trust agreement shall become the Trustee of the 6045 County Rd 6 Trust. If Jordan J. Gutierrez is unwilling or unable to serve, you as the current Beneficiaries may appoint an individual or corporate fiduciary as successor Trustee. Such action must be taken with the majority consent of all of the Beneficiaries of said Trust Agreement. Consistent with my resignation, I, as Trustee, will convey to such successor trustee, so appointed, all the rights, title and interests in and to all of the real estate held by me as Trustee under said Trust Agreement. Sincerely, �uocwignea oy: OOBJSD�OA7A7403_.. Carter Coons, Esq. Trustee DocuSign Envelope ID: 89752500-AC91-42F1-B62F-7D37FB60C7DC Acceptance as Trustee of The 6045 County Rd 6 Trust By my signature below, I, Jordan J. Gutierrez, accept and shall serve as Trustee under that certain trust agreement known as the 6045 County Rd 6 Trust, dated June 30, 2023 and will perform the tasks or transact business by and on behalf of the Trust, or to see to it that such tasks are performed for the Trust as is required under such agreement. IN WITNESS WHEREOF, I, Jordan J. Gutierrez, have executed this instrument hereto, as of the day and year set forth below. Dated 10/18/2023 DoeuSigned by: Jor ankimierrez, Trustee Acceptance of Trustee DocuSign Certificate Of Completion Envelope Id: 89752500AC9142F1B62F7D37FB60C7DC Subject: Anderson Business Advisors, PLLC -- Trustee Resignation Letter for 6045 County Rd 6 Trust Source Envelope: Document Pages: 2 Signatures: 2 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 10/17/2023 1:21:14 PM Signer Events Carter Coons carter.coons@andersonadvisors.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jordan Gutierrez jordangutierrez@me.com ownerowner/manager Skyview Investments LLC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/26/2022 11:04:56 AM ID:b58d8fee-b5aa-4898-8720-leaada41299c In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Justin Mccord jmccord@andersonadvisors.com Land Trust and Deed Processor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Holder: Your Anderson Team myteam@andersonadvisors.com Signature pDocu�d by: Sig-- 83585 A A7de3 Signature Adoption: Drawn on Device Using IP Address: 50.238.237.214 �DV by: C88FDD0DSC78483_ Signature Adoption: Drawn on Device Using IP Address: 72.42.65.166 Signature Status Status Status Status Status COPIED Status: Completed Envelope Originator: Your Anderson Team 3225 Mcleod Drive Las Vegas, NV 89121 myteam@andersonadvisors.com IP Address: 74.112.186.123 Location: DocuSign Timestamp Sent: 10/17/2023 1:21:15 PM Viewed: 10/18/2023 3:00:17 PM Signed: 10/18/2023 3:00:23 PM Sent: 10/18/2023 3:00:24 PM Viewed: 10/18/2023 7:29:10 PM Signed: 10/18/2023 7:29:50 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 10/17/2023 1:21:14 PM Viewed: 10/17/2023 1:21:14 PM Signed: 10/17/2023 1:21:14 PM Signature Timestamp Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamp Timestamps 10/17/2023 1:21:15 PM 10/18/2023 7:29:10 PM 10/18/2023 7:29:50 PM 10/18/2023 7:29:50 PM Timestamps Electronic Record and Signature Disclosure created on: 11/19/2018 2:13:49 PM Parties agreed to: Jordan Gutierrez ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Anderson Law Group (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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