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HomeMy WebLinkAbout20222715.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR PUBLIC ROAD IMPROVEMENT PROJECT (COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT), AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - DON ANDERSON, INC. 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 Public Road Right -of -Way for Public Road Improvement Project (County Roads 74 and 33 Intersection Roundabout 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 Don Anderson, Inc., 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 Public Road Right -of -Way for Public Road Improvement Project (County Roads 74 and 33 Intersection Roundabout 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 Don Anderson, Inc., 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 necessary documents. Cc: pL.,CER/cH/4) 'o/rg/Z2 2022-2715 EG0080 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR PUBLIC ROAD IMPROVEMENT PROJECT (COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT) - DON ANDERSON, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of September, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELy COUNTY, COLORADO ATTEST: daVa.,,t) CV', ;,,k, Weld County Clerk to the Board Deputy Clerk to the Boar Cou ty At rney Date of signature: 9 /aq /22 Scdtt K. James, Chair 2022-2715 EG0080 Con+rct' C4 _) 4* cn3CQ I MEMORANDUM TO: Clerk to the Board DATE: September 15, 2022 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Agreement for Purchase of Public Road Right of Way, Permanent Easement and Temporary Construction Easement CONTRACT ID: 6361 RE: WCR 74 AND WCR 33 Intersection Approve Agreement for Purchase of Public Road Right of Way for Public Road Improvement Project between Don Anderson Inc., and Weld County, Colorado. Total Compensation to be paid to Owner is $108,611.00 as outlined below: • County agrees to pay $46,853.00 for 4.05 acres of Public Road Right of Way • County agrees to pay $2,555.00.00 for 1.484 of Temporary Construction Easement • County agrees to pay $10,856.00.00 for 0.946 of Permanent Easement for DCP • County agrees to pay $34,291.00 Cost to cure for impacts to RE lot (surveying, engineering, crop damage and private easements) • County agrees to pay $14,056.00 as a signing incentive 2022-2715 CA/ Zu EC, oOgJ AGREEMENT FOR TILE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR PUBLIC ROAD IMPROVEMENT PROJECT THIS AGREEMENT is made this Z1tFS day of Stplf)44 R,1,, 2022, by Don Anderson Inc., a Colorado Corporation whose address is 15427 CR 74, Eaton CO 80615 hereinafter referred to as "Owner" (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, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property (the "Property") described as Lots C and D of Recorded Exemption # 0707-34-4 RE -4928, and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 33 (hereinafter "WCR 33"), and Weld County Road 74 (hereinafter "WCR 74"), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires additional public road right-of-way ("ROW"), permanent easements ("PE") and temporary construction easements ("TE") from the Property for the benefit of County in order to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: L EXHIBITS Exhibits A and B — ROW Deed of Dedication forms, legal descriptions, and depictions Exhibit C and D — Non-exclusive Pipeline Right -of -Way Grant to DCP Operating Company LP, legal description, and depiction Exhibits E and F— Temporary Easement forms, legal descriptions, and depictions II. COMPENSATION; PROPERTY CONVEYANCE 1. Owner agrees to sell and County agrees to purchase the property interests described in the attached Exhibits for the total sum of One Hundred Eight Thousand, Six Hundred Eleven dollars, $108,611.00. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. a. Owner agrees at closing to sell and County agrees to purchase the Public Road Right - of -Way parcels described and depicted on Exhibits A and B for the sum of Forty-six Thousand, Eight Hundred and Fifty-three dollars, ($46,853.00). b. Owner agrees at closing to sell at and County agrees to purchase t h e Permanent Easements described on Exhibit C and D for the sum of Ten Thousand, Eight Hundred and Fifty-six dollars, ($10,856.00). Page 1 of 4 4859197 Pages: 1 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO c. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibits E and F for the sum of Two Thousand, Five Hundred and Fifty-five dollars, ($2,555.00). d. County agrees to pay at closing Thirty-four Thousand, Two Hundred Ninety-one dollars ($34,291.00) as a cost to cure compensation to address impacts to Lot C of RE -4929 necessary to preserve an accessible residential lot which may include: access easement Lot D, surveying and engineering services to reconfigure lot, crop damage and consideration of private easements. e. County agrees to pay at closing Fourteen thousand fifty-five dollars and seventy-three cents, ($14,056.00) as incentive to maintain the construction schedule. 2. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. 3. Owner shall convey the property interests described above free and clear of all encumbrances of record or of which Owner has actual knowledge, and County shall cause payment to be made, at closing, which shall occur no later than thirty (30) days following mutual execution of this Agreement. 4. In accordance with the terms of Exhibits A and B, the Deeds of Dedication shall not be valid until approved and accepted by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. . 5. County shall be entitled to take possession of the property interests described immediately upon mutual execution of this Agreement. 6. Owner shall retain the mineral estate and any water rights currently attached to or associated with the property, if any exists. 7. Owner shall pay any encumbrance associated with the property interests which is required to be paid, including, but not limited to, a prorated amount of the property taxes (if applicable), and any past due property taxes (including special assessments and interest and penalties thereon), on or before the date of closing. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the property interests. All of the foregoing costs are collectively referred to as "Owner's Costs". Owner warrants that they are the Owner of the property interests and will defend title thereto against all claims. Owner agrees to indemnify County for any of Owner's Costs that County is required to pay as County determines necessary to effectuate conveyance of the property interests described above III. CLOSING 1. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 2. County shall at closing pay all fees associated with recording this Agreement, the Permanent Easements, and the Deed of Dedication. Page 2 of 4 4859197 Pages: 2 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Wald County , CO I 69 MAIN i IV. 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. 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. This Agreement may be changed or supplemented only by a written instrument signed by all parties. 4. 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. 5. 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. 6. 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. 7. Colorado law, 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 parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 8. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. Page 3 of 4 4859197 Pages : 3 of 45 10/04/2022 01:00 PM R F..:$0.00 Carly Koppel, Clerk and Rsoordsr, Wald County , CO 1101 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Don Anderson Inc, A Colorado Corporation By: e. ATTEST: l4Z(v) J- 'ok Weld County Clerk to the Board BY. Deputy Clerk to the 4859197 Pages: 4 of 45 10/04/2022 01:00 PM R Fee:$0.00 Car1Y Kappas, Clark and Raoordar, Wald County Co �1iial Y4 11111 Title: ?«;ei' BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO K. James, Chair SEP 2 6 2022 Page 4 of 4 a���' 0246201 EXHIBIT A RWE-02 AND RWE-02A DEED OF DEDICATION, LEGAL DESCRIPTION AND DEPICTION 4859197 Pages: 5 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp., Clerk and Reoorder, Weld County CO lIIIIiP�R:�T�k:4GM9alI IIr�j1�1C1�iiiiW ,Y4 11111 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2022, between Don Anderson, Inc. a Colorado corporation, whose address is 15427 CR 74, Eaton, CO 80615 (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 Exhibits. 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-tributan/ and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: By As for Don Anderson, Inc. a Colorado corporation STATE OF COLORADO ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of • 2022, 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 , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By, Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2- 201(1) (a). 48°39197 Pages: 6 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County , CO PraNINtildril 016111 II WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-02 STA. 99+18.34 Lt. to STA. 108+17.66 Lt. (WCR 74 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4859197 Pages: 7 of 45 10/ 00 PliRIF;2:10 .00 Cad.rk aW.ld County CO ��joi/t2,0ifiz: �I f ���'�f� W 1I 111 EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PARCEL NUMBER: RWE-02 DATE: January 04, 2022 LEGAL DESCRIPTION A tract or parcel of land No. RWE-02 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 61,087 square feet (1.402 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -D of Recorded Exemption No. 0707-34-4 R£-4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 85'46'44" West a distance of 317.68 feet, to a point on the North Right-of-way line of Weld County Road 74, also being a point on the Westerly line of Lot -C of Said RE -4928, said point being the POINT OF BEGINNING. 1. Thence along said North Right-of-way hoe, South 88'48'08" West a distance of 875.72 feet, to a point on the Easterly line of lot -B of said RE -4928; 2. Thence departing said Right -of --way line, and along said Easterly line, North 15'59'15" West a distance of 31.01 feet; 3. Thence departing said Easterly tine, North 83'48'08" East a distance of 897.42 feet, to a point of the Westerly line of said Lot -C of said RE -4928; 4. Thence along said Westerly One, South 04'16'46" West a distance of 108.69 feet, to the POINT OF BEGINNING. The above -described parcel contains 61,087 sf. (1.402 ac.), more or less. Basisof Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4859197 Pages: 8 of 45 10/04/2022 01:00 PM R F..:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO ii lICIM4V+G*1144 1O4 "III EXHIBIT -A EXISTING 60' RIGHT OF WAY JULY 3, PG. 99 JULY 13, 1882 WE -0 DON ANDERSON, INC. PARC.#070734400041 RECP.# 1475601 LOT D/RE-4928 RECP.# 3689546 LINE TABLE MIKA LOT B/RE-4928 RECP./ 39546 LINE L1 L2 BEARING DISTANCE N85'46'44"W 588'48'08"W N15'59'15"W N83'48'08"E SO4'16'46"W 317.68' 875.72' 31.01' 897.42' 108.69' L3 L4 L5 RWE-02 RIGHT—OF—WAY ACQUIRED 61,087 sf. OR 1.402 ac.± 4 re DON ANDERSON, INC.: LOT c/Re.= I A£CP. 3QE9S4Q I � IMI i I L5 RWE-02 J j P.O.B. _ 588'48'08W 2660_67' S1/4 COR. VIC LEFFLER ro S34—T7N—R66W AND SONS, INC.( FOUND 3 1/4" ALUM. CAP LS -38353, 2015 IN MON. BOX TOY 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 DON ANDERSON, INC. - RWE-02 WELD COUNTY, COLORADO L2eR EXISTING 60' RIGHT OF WAY RD. BK. 3, PG. 8 JULY 19, 1881 VIC LEFFLER AN P.O.C. SE COR. S34-T7N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 ( SCALE: 1"-200 DATE: 2-14-22 DRAWN BY: DRHISHEET: 2 oft 4859197 Pages: 9 of 45 10/04/2022 01:00 PM R Fee:$0,00 Carly Kopper, Clerk and Reoorder, Weld County , CO rhiiihiNCw41� I4III JOIW 1I 111 WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-02A STA. 218+32.28 Lt. to STA. 224+31.39 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4859197 Pages: 0 of 45 10/04/2022 01:00 P1M RFee $0.00 Carly Koppaa, C1ark and Rma, dar, Wald County CO Bill EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PARCEL NUMBER: RWE-02A DATE: January 04, 2022 LEGAL DESCRIPTION A tract or parcel of land No. RWE-02A of the County of Weld Project Code 23044, Project Number STU C030-078, containing 22,364 square feet (0.513 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -D of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34: Thence North 01'45'48" East a distance of 683.37 feet, to a point on the West Right-of-way line of County Road 33 and being a point on the Northerly line of Lot -C of said Recorded Exemption No. 0707-34-4 RE -4928, said point being the POINT OF BEGINNING. 1. Thence departing said Right-of-way line and along the Northerly line of said Lot -C, South 88'48'08" West a distance of 75.43 feet; 2. Thence departing said Northerly line, North 12`16'46" East a distance of 395.81 feet; 3. Thence North 04'16'46" East a distance of 200.00 feet; 4. Thence South 85'43'14" East a distance of 20.00 feet, to a point on said Westerly Right-of-way line; 5. Thence along said Westerly Right-of-way line, South 04'16'46" West a distance of 584.76 feet, to the POINT OF BEGINNING. The above -described parcel contains 22,364 sf. (0.513 ac), more or less_ Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88.'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PL5 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4859197 Pages: 11 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clark and Recorder, Wald County , CO 1111 I'it+Gr:'i00,a 1I II1 EXHIBIT -A RWE-02A RIGHT—OF—WAY ACQUIRED 22,364 sf. OR 0.513 ac.± KWE-0257 DON ANDERSON, INC. PARC.#070734400041 RECP.#1475601 LOT D/RE-4928 RECP.# 3669546 LINE TABLE BEARING NO1'45'48"E S88'48.08"W 1112'16'46"E N 04'16' 46"E S85'43'14"E SO4'16'46"W DISTANCE 683.37' 395.81' 200.00' 584.76' L2 RWE-02 P.O.B. RIGHT-OF-WAY ACQUISITION DON ANDERSON, INC. - RWE-02A WELD COUNTY, COLORADO 4859197 Pages: 12 of 45 10/04/2022 01:00 PM R Fee:$0 00 Carly Koppel, Clerk and Recorder, Weld County , CO eouNT 1/4 COR. 534-17N-R66W FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX VIC LEFFLER AND SONS, INC. .O.C. SE COR. 534-17N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. 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 74 & 33 INTERSECTION PROJECT NO: GR-55 SCALE: 1"=100 DATE: 2-14-22 DRAWN BY: DRH SHEET: 2 oft EXHIBIT B RWE-03 DEED OF DEDICATION, LEGAL DESCRIPTION AND DEPICTION 4859197 Pages: 13 of 45 10/04/2022 01:00 PM R F..:$0.00 Csr1y Kopp••, Clsrk and R.00rd.r, Wold County Co iiii mtlit it ii iii PI rir ii k KA itii till DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2022, between Don Anderson, Inc. a Colorado corporation, whose address is 15427 CR 74, Eaton, CO 80615 (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 Exhibits. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: By As for Don Anderson, Inc. a Colorado corporation STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2022, 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 , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Chair, Board of County Commissioners "No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2- 201(1)(a). 4859197 Pages: 14 of 45 10/04/2022 01:00 PM R F..:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO ���� 1 r1L'2 NiU4 'ir hl'r 11111 WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-03 STA. 211+84.61 Lt. to STA. 218+45.53 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4859197 Pages: 15 of 45 10/04/2022 01:00 PM R Fea:$0.00 Carly Kappa., Cl•rk and Raoorder, Wald County COarid,' Bill EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PARCEL NUMBER: RWE-03 DATE: January 04, 2022 LEGAL DESCRIPTION A tractor parcel of land No. RWE-03 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 94,435 square feet (2168 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -C of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 43"27'33" West a distance of 40.54 feet, to a point on the Northerly Right-of-way line of County road 74 and the Westerly Right-of-way line of County road 33 and being the POINT OF BEGINNING. 1. Thence along the Northerly Right-of-way Tine of County road 74, South 88°48'08" West a distance of 289.00 feet, to a point on the Westerly line of said Lot -C; 2. Thence departing said Northerly Right-of-way line and along Westerly line of said Lot -C, North 04`16'46" East a distance of 108.69 feet; 3. Thence departing said Westerly line North 83"48'08" East a distance of 138.75 feet; 4. Thence North 12'16'46" East a distance of 547.24 feet, to a point on the Northerly line of said Lot -C; 5. Thence along said Northerly line North 88°48'08" East a distance of 75.43 feet, to a point on the Westerly Right-of- way line of County road 33; 6. Thence along said Westerly line South 04'16'46" West a distance of 655.45 feet, to the POINT OF BEGINNING. The above -described parcel contains 94,435 sf. (2.168 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. 8eing monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Searing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970)304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4839197 Pages: 16 of 43 10/04/2022 01:00 PM R Fee :$0.00 Carly Kappa., Clerk and Recorder, Weld County , CO ���� FAI2 IRI'` li a' ARV IF/11\1U' Yi 11111 EXHIBIT -A tsoi 3 DON ANDERSON, INC. LOT D/RE-4928 RECP.# 3889546 WE -0 DON ANDERSON, INC. I PARC.#070734400040 RECP_#1475601 LOT C/RE-4928 RECD.# 3689546 RWE-03 RIGHT—OF—WAY ACQUIRED 94,435 sf. OR 2.168 ac.± REMAINDER LOT —C, RE -4928 94,127 sf. OR 2.161 ac.± 41 fr fr • ±,14 4.4.14: X • • EXISTING 60' RIGHT OFS WAY 1 RD -BR, 93, PG. JULY , 1881 RIGHT-OF-WAY ACQUISITION DON ANDERSON, INC. - RWE-03 WELD COUNTY, COLORADO RWE-0 P.0.8. L7 1 I r1 1861 ,.tr `G��NTY 1/4 COR. S34—T7N—R66W I FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX EXISTING 60' RIGHT WAY RD. BK. 3, P18GGF . 99 `--JULY 13, 82 LINE L1 L2 L3 L4 L5 L6 L7 LINE TABLE BEARING N 43'27'33"W S88.48'08"W 604'16'46"E N83'48'08"E N12'16'46"E N88'48'08"E SO4'16'46'W DISTANCE 40.54' 289.00' 108.69' 138.75' 547.24' 75.43' 655.45' VIC LEFFLER AND SONS, INC. O.C. SE COR. S34-17N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX -74 NOTE: THIS EXHIBIT MAP (MAU RFPRESENZ_ 'MSRIIFUENTED TRIOS SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 'SCALE: l"=100 DATE: 2-14-22 DRAWN BY: DRH(SHEET. 2 of2 4859197 Pages: 17 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopper,, Clerk and Recorder, Weld County , CO IIIII FAIN N t l4Old ri itMWILI INiAlid l III EXHIBIT C PE -02 NONEXCLUSIVE PIPELINE ROW GRANT OF EASEMENT, LEGAL DESCRIPTION AND DEPICTION 4859197 Pages: 18 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp••, Clark and Raoordar, Wald County Co .iii r�r. tli ulhiii w .i r� r vl kII lli BIM i NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Don Anderson, Inc. a Colorado corporation 15427 CR 74 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit Part of the S'4 of S34, T07N, R66W, Lot D of Recorded Exemption RE -4928 Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above -described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. 4859197 Pages: 19 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppea, Clerk and Reoordar, Weld County , CO %4I II II Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns', shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2022 signed, sealed, and delivered in the presence of: Don Anderson, Inc. a Colorado corporation ACKNOWLEDGEMENT STATE OF COLORADO ss. COUNTY OF WELD Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, _, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D. 2021. My commission expires: Notary Public 4859197 Pages: 20 of 45 10/04/2022 01:00 PM R Fae:$0,00 Carly Kopp., Clerk and Recorder, Weld County , CO 1111 I !.ilrn4 tllirl9tri«lliNCO NOir11111 WELD COUNTY REAL PROPERTY TO BE AQUIRED Permanent Easement Number: PE -02 STA. 218+25.95 Lt. to 224+51.39 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4859197 Pages: 21 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppu Clerk and Raoordor, Wald County Co 11111 EXHIBIT "B" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PERMANENT EASEMENT NUMBER: PE -02 DATE: January 04, 2022 LEGAL DESCRIPTION A Permanent Easement No. PE -02 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 22,014 square feet (0.505 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -D of Recorded Exemption No. 0707-344 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 04`33'46" West a distance of 683.64 feet, to a point on the Northerly line of Lot -C of said Recorded Exemption No. 0707-34-4 RE -4928, and being the POINT OF BEGINNING. 1. Thence along the Northerly line of said Lot -C, South 88"48'08" West a distance of 35.99 feet; 2. Thence departing said Northerly line, North 12'16'46" East a distance of 401.75 feet; 3. Thence North 04"16'46" East a distance of 217.55 feet; 4. Thence South 85"43'14" East a distance of 55.00 feet, to a point on the Westerly Right-of-way line of County road 33; 5. Thence along said Westerly Right-of-way line, South 04'16'46" West a distance of 20.00 feet: 6. Thence departing said Right-of-way line, North 85'43'14" West a distance of 20.00 feet; 7. Thence South 0416'46" West a distance of 200.00 feet; 8. Thence South 12'16'46" West a distance of 395.81 feet, to the POINT OF BEGINNING. The above -described parcel contains 22,014 sf. (0.505 ac.), more or less. The purpose of the above described Permanent Easement is for DCP Midstream pipeline. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4859197 Pages: 22 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO liii I ri1��1�W1���1�4�rtN�Gii�l 'i I.+�irMr114P.� 1�.'J I NFL 11I II 1 PE -O2 RIGHT—OF—WAY ACQUIRED 22,014 sf. OR 0.505 oc.± DON ANDERSON, INC. PARC.#070734400041 RECP.A1475601 LOT D/RE-4928 RECP # 3689546 LINE TABLE BEARING N04'33'46"W S88'48`08"W 812'16'46"E N04'16'46"E S85'43'14"E SO4'16'46"W N85'43'14"W SO4'16'46'W S12'16'46"W DISTANCE 683.64' 35.99' 401.75' 217.55' 55.00' 200.00' 395.81' EXHIBIT -B PE -02 L1 DON ANDERSON, INC. P.O.B. LOT C/RE-4928 RECP.# 3689546 PERMANENT EASEMENT ACQUISITION DON ANDERSON, INC. - PE -02 WELD COUNTY, COLORADO 4859197 Pages : 23 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO I'1«QI /eNNIVI I PAf 1/4 COR. 034-17N—R66W FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX VIC LEFFLER AND SONS, INC. SE COR. 534-T7N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. 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 74 & 33 INTERSECTION PROJECT NO: GR-55 DATE: 2-14-21 SCALE: I "=100 DRAWN BY: DRffjSHEET: 2 oft EXHIBIT D PE -03 NONEXCLUSIVE PIPELINE ROW GRANT OF EASEMENT, LEGAL DESCRIPTION AND DEPICTION 4859197 Pages: 24 of 45 10/04/2022 01:00 PM R F..:$0.00 Car1y Kopo.., C1.rk and Raoorder, Wald County , CO •iii �'illiN�r ii' Fc IK td'k�I;rI:�r �i w�l��ilull NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Don Anderson, Inc. a Colorado corporation 15427 CR 74 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width fora temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit Part of the SE '/4 of S34, T07N, R66W, Lot C of Recorded Exemption RE -4928 Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above -described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. 4859197 Pages: 23 of 45 10/04/2022 01:00 PM R F..:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO 1111 Ni Rita ri giNIININI4144011411111 Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2022 signed, sealed, and delivered in the presence of: Don Anderson, Inc. a Colorado corporation ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, _, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D. 2022. My commission expires: Notary Public 4859197 Pages: 26 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppas, Clark and Raoordar, Weld County , CO !rill WELD COUNTY REAL PROPERTY TO BE AQUIRED Permanent Easement Number: PE -03 STA. 218+25.95 Lt. to STA. 218+32.28 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4859197 Pages: 27 of 4:i 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp.s, Clerk and R.00rdu , Weld County , CO 11111 EXHIBIT "B" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PERMANENT EASEMENT NUMBER: PE -03 DATE: January 04, 2022 LEGAL DESCRIPTION A Permanent Easement No. PE -03 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 19,211 square feet (0.441 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -C of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 04`33'46" West a distance of 683.64 feet, to a point on the Northerly line of said Lot -C and being the POINT OF BEGINNING. 1. Thence departing said Northerly line, South 12'16'46" West a distance of 547.24 feet; 2. Thence South 83'48'08" West a distance of 36.90 feet; 3. Thence North 12'16'46" East a distance of 550.55 feet, to a point on the Northerly line of said Lot -C; 4. Thence along said Northerly line, North 88'48'08" East a distance of 35.99 feet, to the POINT OF BEGINNING. The above -described parcel contains 19,211 sf. (0.441 ac.), more or less. The purpose of the above described Permanent Easement is for DCP Midstream pipeline. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88"32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4859197 Pages: 28 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopper, Clerk and Recorder, Weld County , CO /AVIAN � � ��f��C kL'�' �� II EXHIBIT -B DON ANDERSON, INC. LOT D/RE-4928 RECP.# 3689546 E-0 A DON ANDERSON, INC. PARC.#070734400040 RECP.# 147560I LOT C/RE-4928 RECP.# 3689546 PE -03 PERMANENT EASEMENT ACQUIRED 19,211 sf. OR 0.441 ac.± 3 4 2 EXISTI f. 90995 0T ROT RD. 6K. 3, PG.. 8 JULY 19, 1681 DON ANDERSON, INC. - PE -03 WELD COUNTY, COLORADO 4839197 Pages: 29 of 43 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County , CO IIII PRIM M61ilit l %%IOW III PE —O3 .0.8. ; I 1/4 COR. S34-TTN-R66W FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX 0 2 60 EXISTING 60' R3IT WAY I RD. BK. GHPGOf . 99 J61892 13, 1662 LINE LINE L1 L2 L3 L4 L5 LINE TABLE BEARING NO4'33'46"W S12'16'46"W S83'48'O8"W N12'16'46"E N88'48'O8"E DISTANCE 683.64' 547.24' 36.90' 550.55' 35.99' VIC LEFFLER AND SONS, INC. .O.C. SE COR. S34-T7N-666W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX NOTE: THIS EXHIBIT MAP DOES 11,01 RFPRFSENI- 1NON€RENTED -UM SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCI2 74 & 33 INTERSECTION PROJECT NO: GR-55 (SCALE: 1"=I00 DATE: 2-14-22 DRAWN BY: DRH SHEET: 2 of EXHIBIT E TE-02 AND TE-02A TEMPORARY CONSTRUCTION EASEMENT FORM, LEGAL DESCRIPTION AND DEPICTION 4859197 Pages: 30 of 45 10/04/2022 01:00 PM R Fee;E0.00 Carly KOPPaa, Clark and Reoorder, Weld County Co VIII frrJIL' itK: �rIi filie r I�IliiLdi��J��l�i Nrd iIi� gild 11111 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between DON ANDERSON, INC.. (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 County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. The County has the right to install temporary fencing or temporary earthen berms on the TCE lines to provide a visible separation from the landowner's activities and the construction contractors activities. The County will pay the cost for installing and maintaining such items and will be responsible for removal after the construction work has been completed. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4859197 Pages: 31 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County , CO GRANTOR: Don Anderson, Inc., a Colorado coporation STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2022, by ss. Witness my hand and official seal. 4859197 Pages: 32 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County * CO •iii INIIII�/ I4�hYNCOll,�u11 gi+, li Wildii BM i Notary Public WELD COUNTY REAL PROPERTY TO BE AQUIRED Temporary Easement Number: TE-02 STA. 99+13.22 Li to STA. 108+19.58 Lt. (WCR 74 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4839197 Papas: 33 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly trap.., tick and R.eu do , Weid County CO EXHIBIT "C" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 TEMPORARY EASEMENT NUMBER: TE-02 DATE: January 04, 2022 LEGAL DESCRIPTION A Temporary Easement No. TE-02 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 18,020 square feet (0.414 acres) more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in loot -D of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546, and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 66'53'05" West a distance of 335.66 feet, to a point on the Westerly line of tot -Cot said RE -4928 and being the POINT OF BEGINNING. 1. Thence South 83'48'08" West a distance of 897.42 feet, to a point on the Easterly line of tot -B of said RE - 4928; 2. Thence along said Easterly fine, North 15'59'15' West a distance of 20.30 feet; 3. Thence departing said Easterly line, North 83'48'08" East a distance of 90'4.57 feet, to a point of the Westerly line of said Lot -C of said RE -4928; 4. Thence along said Westerly fine, South 04'16'46" West a distance of 20.34 feet, to the POINT OF BEGINNING. The above-descrbed parcel contains 18,020 sf. (0.414 ac-), more or less. The purpose of the above described Temporary Easement is for activities associated with roadway construction and private irrigation system construction. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 ( 970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4839197 Pages: 34 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppers, Clark and Reoorder, Wald County , CO VIII IY���IL'R�M��14 Ri§All JINNI L' M.I 11II MIKA LOT WRE-4928' RECP.0 30895+6 EXHIBIT -C DON ANDERSON, INC. PARC.#070734400041 RECP.#1475601 LOT 0/RE-4928 RECP.# 3689546 LINE TABLE BEARING N66'53'05"W S83'48'08"W N15'59'15"W N 83'48'08"E SO4'16'46"W DISTANCE 335.66' 897.42' 904.57' TE-02 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 18,020 sf. OR 0.414 ac.± S88'48'O8_W 2660_67' St /4 COR. VIC LEFFLER +* S34-T7N-R668 AND SONS, INC. FOUND 3 1/4' ALUM. CAP LS -38353, 2015 IN MON. 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. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION DON ANDERSON, INC. - TE-02 WELD COUNTY, COLORADO 4859197 Paws: 35 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly KOPPat, Clink and Recorder, Wald County , CO VIC LEFFLER AND SO r t GOUNTY M lwehl 20. TE-02 , V WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 SCALE DATE: 2-I4-22 [DRAWN BY: DRH SHEET: 2 of 2 WELD COUNTY REAL PROPERTY TO BE AQUIRED Temporary Easement Number: TE-02A STA. 218+25.95 Lt. to STA. 224+51.39 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4859197 Pages: 36 of 45 10/04/2022 01:00 PM R F.s:$0.00 Csr1y Koppm. Clark and Rsoordu W.ld County CO VIII I��l��Ni��4i+i'YIYu�i4ly1�4+i���af+.hh�4Y4rh �I III EXHIBIT "C" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 TEMPORARY EASEMENT NUMBER: TE-02A DATE: January 04, 2022 LEGAL DESCRIPTION A Temporary Easement No. TE-02A of the County of Weld Project Code 23044, Project Number STU 0330.078, containing 25,318 square feet (0.581 acres), more or less, being a part of the Southeast One -Quarter (SET/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in tot -O of Recorded Exemption No. 0707-34.4 RE -4928, filed In the Weld County Clerk and Recorders office under reception No. 3689546, and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 04'33'46" West a distance of 683.64 feet, to a point on the Northerly tine of €ot-C of said Recorded Exemption No. 0707-34-4 RE -4928 and being the POINT OF BEGINNING. 1. Thence along the Northerly line of said tot -C, South 88'48'08' West a distance of 35.99 feet; 2. Thence departing said Northerly tine, North 12'16'46" East a distance of 348.33 feet; 3. Thence North 85'35'00" West a distance of 42_56 feet; 4. Thence North 04'16'46' East a distance of 70.00 feet; S. Thence South 85'35'00" East a distance of 50.00 feet; 6. Thence North 04'16°46" East a distance of 200.47 feet; 7. Thence South 85'43'14" East a distance of 55.00 feet, to a point on the Westerly Right-of-way line of County road 33; 8_ Thence along said Westerly Right-of-way fine, South 04`16'46" West a distance of 20.00 feet; 9. Thence departing said Right-of-way line, North 85'43'14" West a distance of 20.00 feet; 10. Thence South 04'16'46" West a distance of 200.00 feet; 11. Thence South 12"16'46" West a distance of 395.81 feet, to the POINT OF BEGINNING. The above -described parcel contains 25,318 sf. (0.581 ac.), more or less. 4859197 Pages : 37 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp.,, Clark and Recorder, Wald County , Co VIII !PAZ PliginitliV WiaiderkiVi RYIN(.li1.4 11111 The purpose of the above described Temporary Easement is for activities associated with roadway construction and reconstruction of private driveway. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped L5 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88"32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PIS 38213 (970)304-6496 Weld County Public Works Dept_ 1111 H Street Greeley, CO 80632 4859197 Pages: 38 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County , CO in'ktilikFil M Wdl JAB II EXHIBIT -C EXISTING 60' RIGHT OF WAY P 9 JULY 13, 1682 TE-02A L7 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 25,318 sf. OR 0.581 ac.± DON ANDERSON, INC. PARC.#070734400041 L RECP.#1475601 LOT D/RE-4928 RECP.# 3689546 LINE TABLE BEARING N04'33'46"W S88'48'08"W N12'16'46"E N85'35'00" W N04'16'46"E S85'35'00"E N04'16'46"E S85'43'14"E SO4'16'46"W N85'43'14"W 504'16'46"W 512.16'46"W DISTANCE 683.64' 35.99' 348.33' 200.47' 200.00' 395.81' L2 TE-02A DON ANDERSON, INC. P.0.8. LOT C/RE-4928 RECP.# 3689546 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION DON ANDERSON, INC. - TE-02A WELD COUNTY, COLORADO 4859197 Page.; 39 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO Menial l WOMAN CliIi'W it BPI f1/4 COR. S34—T7N—R66W FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX VIC LEFFLER AND SONS, INC. .O.C. SE COR. S34-T7N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. 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 74 & 33 INTERSECTION PROJECT NO: GR-55 I SCALE: 1 "=100 DATE: 2-14-22 DRAWN BY: DRI4ISHEET: 3 of 3 EXHIBIT F TE-03 TEMPORARY CONSTRUCTION EASEMENT FORM, LEGAL DESCRIPTION AND DEPICTION 4859197 Pages: 40 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp., C1.rk and Reoorder, Wald County Co iiii ku�� �4 w r� �iiciarni t,ii a iiiici i� BIM i GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between DON ANDERSON, INC.. (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 County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. The County has the right to install temporary fencing or temporary earthen berms on the TCE lines to provide a visible separation from the landowner's activities and the construction contractors activities. The County will pay the cost for installing and maintaining such items and will be responsible for removal after the construction work has been completed. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4859197 Pages: 41 of 45 10/04/2022 01:00 PM R Fae:$0.00 Carly Kappa., Clerk and Recorder, Weld County , CO 1111 INcillAw N CIF UMIAA GRANTOR: Don Anderson, Inc., a Colorado coporation STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2022, by Witness my hand and official seal. 4859197 Pages: 42 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clark and Records, Weld County , CO uIII MIR U14nIYtd4.iM INI IA INOillivi iI II Notary Public WELD COUNTY REAL PROPERTY TO BE AQUIRED Temporary Easement: TE-03 STA. 212+35.50 Lt. to STA. 218+32.28 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4838197 Pages: 43 of 43 10/04/2022 01:00 PM R Fae:$0.00 Carly Kopp.., Clark and Raoordar, Wald County Co lIII 1��.��1f t I� �S4�l�Y�Y4�:�i��'F��4i�1�1 L'114'1 Ifs WfVli� 11 11 1 EXHIBIT "C" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 TEMPORARY EASEMENT NUMBER: TE-03 DATE: January 04, 2022 LEGAL DESCRIPTION A Temporary Easement No. TE-03 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 21,278 square feet (0.489 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -C of Recorded Exemption No_ 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 04'33'46" West a distance of 683.64 feet, to a point on the Northerly line of said Lot -C and being the POINT OF BEGINNING. 1. Thence departing said Northerly tine, South 12'1646" West a distance of 547.24 feet; 2. Thence South 83'48'08" West a distance of 138.75 feet, to a point on the Westerly line of said Lot -C; 3. Thence along said Westerly line, North 04.16'46' East a distance of 2034 feet; 4 Thence departing said Westerly line, North 83'48'08" East a distance of 104.83 feet; 5. Thence North 12'16'46" East a distance of 529.46 feet, to a point on the Northerly line of said Lot -C; 6. Thence along said Northerly line, North 88'48'08" East a distance of 35.99 feet, to the POINT OF BEGINNING. The above -described parcel contains 21,278 sf. (0.489 ac.`, more or less. The purpose of the above described Temporary Easement is for activities associated with roadway construction and private irrigation system construction_ Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88"32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4839197 Pages: 44 of 45 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp., Clerk N'.�1V�4rnht C0 11111 EXHIBIT -C DON ANDERSON, INC. LOT D/RE-4928 RECP.# 3689546 I ,,, DON ANDERSON, INC. PARC.#070734400040 RECP.#1475601 LOT C/RE-4928 RECP.# 3689546 TE-03 TEMPORARY A�±� CONSTRUCTION EASEMENT ACQUIRED 21,278 sf. 'T OR 0.489 sc. L6 ,�L,i L2 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION DON ANDERSON, INC. - TE-03 WELD COUNTY, COLORADO 4839197 Pages: 45 of 45 10/04/2022 01:00 PM R F.•:$0,00 Carl), Komi, Clerk and Recorder, f ug li01 Yoh II III TE-03 � .O.B. : I 1 f4 COR. S34-T7N-R66W FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX I I I LINE TABLE N04'33'46"W S12'16'46"W 583'48'08"W N04'16'46"E N83'48'08"E N88'48'08"E N12'16'46"E 529.46' DISTANCE 683.64' 547.24' 138.75' 104.83' VIC LEFFLER AND SONS, INC. '.O.C. SE COR. S34-T7N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX NOTE: THIS EXHIBIT MAP DOES NO3 REPRESENT.- -A 'PAOSQDNTENTED TANS) 'SSERVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 (SCALE: 1"=100 DATE: 2-14-22 DRAWN BY: DUI SHEET oft Contract Form New Contract Request Entity Information ❑ New Entity? Entity Name. DON ANDERSON INC, A COLORADO CORPORATION Entity ID g00046114 Contract Name * Contract ID AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT- 6361 OF -WAY FOR PUBLIC ROAD IMPROVEMENT PROJECT Contract Status INITIAL REVIEW Contract Lead. TVJOHNSON Contract Lead Email tvjohnsonrOico.weld.co.us Parent Contract ID Requires Board Approval YES Department Project* Contract Description. AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR PUBLIC ROAD IMPROVEMENT PROJECT Contract Description 2 ROW BY DEED OF DEDICATION, NON-EXCLUSIVE PIPELINE ROW FOR DCP OPERATING COMPANY AND TEMPORARY CONSTRUCTION EASEMENT Contract Type. AGREEMENT Amount 1108,611.00 Renewable. NO Automatic Renewal Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorksweldgov.com Department Head Email CM-PublicWorks- DeptHead7sseldgov.com County Attorney GENERAL COUNT( ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY a•WELDG OV,COM Requested BOCC Agenda Date 09=`21/2022 Due Date 09 17 2022 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 NSA 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* 09/22;20221 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 09,'18/2024 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head DH Approved Date Final Approval BOCC Approved YES BOCC Signed Date 09 26; 2022 BOCC Agenda Date 09/26/2022 Originator TVJOHNSON Finance Approver Legal Counsel Finance Approved Date Tyler Ref It RECORDING Legal Counsel Approved Date AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROADS 74 AND 33 INTERSECTION PROJECT - DON ANDERSON, INC., A COLORADO CORPORATION APPROVED AS TO SUBSTANCE: Elect-: 0 _ , i-paent Head, or Deputy Department Head APPROVED AS TO FUNDING: 'P4Odbddi. Chief Financial Officer APPROVED AS TO FORM: `0°‘117 County Attorney RE: CR 33 and CR74 Roundabout MEMORANDUM TO: Clerk to the Board DATE: October 18, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Deed of Dedication and and Temporary Construction Easement CONTRACT ID: 6361 Please accept the attached Deeds of Dedication for RWE-2, RWE 2A, AND RWE-3 between Don Anderson Inc., and Weld County, Colorado. Conw � to/ 7i,;() fo/t9A2.,2_ 6c -ion() 4862112 Pages: 1 of 7 leiia/2e22 12:e1 PM R Fee:$0.ee Carly KOPPtra� Clmrk and Raoodar, Wild County CO VIII ! dine lUiVl�4i'Ir I+'I�1N�+�rl�tdl1'f4L' ilikIkYIMJ1I III DEED OF EDICATION FOR PUB IC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2022, between Don Anderson, Inc. a Colorado corporation, whose address is 15427 C 74, Eaton, CO 80815 (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 Exhibits. • 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 oN, 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 OR: ✓ACC By �v, G . A war'u.so.ar As 'PKs+alxb for Don Anderson, Inc. a Colorado corporation STATE OF COLORADO ) )Sa. COUNTY OF WELD The foregoing instrument was acknowledged before me this ,ig day of ocbe( , 2022, by Cbfloti PY1r)4tA^ Witness my hand and official seal. Notary Public NOTNtY KATIE WATE Of 22.G ADO Notary ID .20164031984 M Commission Ex•irss 9/2112024 ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of properly as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of,, �C�� , 2022. _ ATTEST: - . ``l 1) �'• e.010"° BOARD OF COUNTY COMMISSIONERS Weld C • n ' lerk to the Boa ,�., WELD COUNTY, COLORADO By: `No Deed of Dedication is valid until a ,, !. •' • • r�"i'� "• • � . Commissioners pursuant to C.R.S. 43-2- 201(1)(a). 1: i 020. -027/3 4862112 Paq�s: 2 of 7 10/19/2022 12:01 PM R F..:=0.00 Carly Koppas, Clark and Racordar, Wald County CO 11111 WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-02 STA. 99+18.34 Lt. to STA. 108+17.66 Lt. (WCR 74 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4862112 ?ages: 3 of 7 10/19/2022 201 PM R F�e:s0.00 Carly (Mg Clerk and R�ZAT:r, Wild County , co 11111 EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PARCEL NUMBER: RWE-02 DATE: January 04, 2022 LEGAL DESCRIPTION A tractor parcel of land No. RWE-02 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 61,087 square feet (1.402 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -D of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 85"46'44" West a distance of 317.68 feet, to a point on the North Right-of-way line of Weld County Road 74, also being a point on the Westerly line of Lot -C of Said RE -4928, said point being the POINT OF BEGINNING. 1. Thence along said North Right-of-way line, South 88'48'08" West a distance of 875.72 feet, to a point on the Easterly line of lot -B of said RE -4928; 2. Thence departing said Right-of-way line, and along said Easterly line, North 15'59'18" West a distance of 31.01 feet; 3. Thence departing said Easterly line, No. 83'48'08" East a distance of 897.42 feet, to a point of the Westerly line of said Lot{ of said RE -4928; 4. Thence along said Westerly line, South 04'16'46" West a distance of 108.69 feet, to the POINT OF BEGINNING. The above -described parcel contains 61,087 sf. (1.402 ac), more or less. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4852112 Pages: 4 of 7 10/19/2022 12:03 PM R Fu ::0.00 Carly Xogi Clerk and Rjoord�r, Wild county , co VIII NU�.rNt�,Y'I+Il4� Eti�4��11�41hi�I.�Mt�jYk� "Ill YYE—O DON ANDERSON, INC. PARC.#070734400041 RECP.#1475601 LaT D/RE-4928 RECP./ 38348 LINE TABLE N85'46'44'W 588'48'08'W N15'59'15'W N83'48'O8'E SO416'46-W 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 DON ANDERSON, INC. - RWE-02 WELD COUNTY. COLORADO DISTANCE 317.68' 875.72' 1351:11- 2. RIGHT—OF—WAY ACQUIRED 61,087 sf. OR 1.402 ac.t %[STING 60' RIGHT OF WAY VIC LEFFLER AN EXISTING CY RIGHT OF WAY 0.D. Y(. NJL1 1882 RWE—02 P.O.8. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-SS I SCALE: I "=200 DATE: 2-14-22 DRAWN BY: DRHlSHEET. 2 of 2 4862112 Pais!. S of 7 10/19/2022 12:01 PM R F.e:80.00 Carly Kappas, Clerk and ecorder, Weld County CO WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-02A STA. 218+32.28 Lt. to STA. 224+31.39 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4862112 Pages: 6 of 7 10/19/2022 12:01 PM R F��::0.00 Carly M:ti , Clark and Raoardar, Yeld County , Co III lairle#41141104.IinIiti III II EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PARCEL NUMBER: RWE-02A DATE: January 04, 2022 LEGAL DESCRIPTION A tractor parcel of land No. RWE-02A of the County of Weld Project Code 23044, Project Number STU CO30.078, containing 22,364 square feet (0.513 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -D of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 01'45'48" East a distance of 683.37 feet, to a point on the West Right-of-way line of County Road 33 and being a point on the Northerly line of Lot -C of said Recorded Exemption No. 0707-34,4 RE -4928, said point being the POINT OF BEGINNING. L Thence departing said Right-of-way line and along the Northerly line of said Lot -C, South 88'48'08" West a distance of 75.43 feet; 2. Thence departing said Northerly line, North 12'16'46" East a distance of 395.81 feet; 3. Thence North 04'16'46" East a distance of 200.00 feet; 4. Thence South 85'43'14" East a distance of 20.00 feet, to a point on said Westerly Right-of-way line; 5. Thence along said Westerly Right-of-way line, South 04.16'46" West a distance of 584.76 feet, to the POINT OF BEGINNING. The above -described parcel contains 22,364 sf. (0.513 ac), more or less. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped L5 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970)304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4862112 Pages: 7 of 7 10/19/2622 12:01 PM R Fee:$0.00 Carly 141, Cierk and Reoarder, Weid County , CO �1111��9r��:w't;Ailrt'14aI1.11 1' uIII EXHIBIT -A EXISTING 60RIGHT OF WAY RD. 8X. 3, '11.37 G. 99 JULY 13, 1882 RWE-02A RIGHT—OF—WAY ACQUIRED 22,364 9f. OR 0.513 oc.A DON ANDERSON, INC. PARC.#070734400041 RECP.N14756O1 LOT D/RE-4928 RECD./ 3889546 LINE L1 L2 L3 L4 L5 L6 LINE TABLE BEARING N 01'45'48"E S88'48'08"W N12'16'46"E N04Y6'46"E S85'43'14"E SD4'16'46"W DISTANCE 683.37' 75.43" 395.81' 200.00' 20.00' 584.76' L2 RWE-02 DON ANDERSON, INC. LOT C/RE-4828 RECP.} 3E,;12e RIGHT-OF-WAY ACQUISITION DON ANDERSON, INC. - RWE-02A WELD COUNTY, COLORADO P.O.B. 1/4 COR. S34-T7N-R66W FOUND 2 1/2' ALUM. CAP ILLEGIBLE IN HON. BOX oft" VIC LEFFLER AND SONS, INC. .O.C. SE COR. S34-T7N-R86W FOUND 2 1/2' ALUM. CAP LS -2353 IN HON. 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 74 Bc 33 INTERSECTION PROJECT NO: GR-55 'SCALE: 1"-I00 DATE: 2-14-22 DRAWN BY: DRH SHEET: 2of2 RE: CR 33 and CR74 Roundabout MEMORANDUM TO: Clerk to the Board DATE: October 18, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Deed of Dedication and and Temporary Construction Easement CONTRACT ID: 6361 Please accept the attached Deeds of Dedication for RWE-2, RWE 2A, AND RWE-3 between Don Anderson Inc., and Weld County, Colorado. tow(<f) cm3eicH-A-0 16/19/22 zov,-z115 EGIOM ATTEST: Weld C By: 4882111 Paess: 1 of 4 10/19/2022 12:01 PM Ron:, .00 Carly Koppel, Clark and Raoorde, Weld County CO MACMk VI, INLIIA Bill DEED OF DEDICATIO CATIO FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this If -day of , 2022, between Don Anderson, Inc. a Colorado corporation, whose address is 15427 CR 4, Eaton, CO 80615 (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 Exhibits. 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 induding 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: v -1C By 17ow.f-i C. Auderse- As for Don Anderson, Inc. a Colorado corporation STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this tic day of t c1 Der , 2022, by aanotlr4 C Ptryieccv, Witness my hand and official seal. AtLC�aJC4131,�l/� otary Public KATIE KARPOVAGE NOTARY PUBLIC • STATE OF COLORADO Notary ID #20164031984 M Commission Expires 9/21/2024 ACCEPTANC The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of props as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-251(1))a). Dated this / % day of , 2022. Wsdrifset) 4.04 lark to the Boa BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Cle r- the = oar ' 'J Mike Freeman, Pro-Tem "No Deed of Dedication is valid u 201(1)(a). unty Commissioners pursuant to C.R.S. 43-2- 4862111 Pages: 2 of 4 10/18/2022 12:01 PM R Fr :$.0.00 Carly Koppas, Clvk and R�oordar, Mald County CO ills � rlJ��wi�� IN WELD COUNTY REAL PROPERTY TO BE AQUIRED Parcel Number: RWE-03 STA. 211+84.61 Lt. to STA. 218+45.53 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4862111 Pages: 3 of 4 10/19/2022 12:01 PM R Fnn:$0.00 Carly oppaa, Clrtrk and Raoardrrr, Wsid County CO 11111 racwArevis HMO 11111 EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PARCEL NUMBER: RWE-03 DATE: January 04, 2022 LEGAL DESCRIPTION A tract or parcel of land No. RWE-03 of the County of Weld Project Code 23044, Project Number STU CO30-078, containing 94,435 square feet (2.168 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located In Lot -C of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COPANIENONG at the Southeast Corner of said Section 34; Thence North 43'27'33" West a distance of 40.54 feet, to a point on the Northerly Right-of-way line of County road 74 and the Westerly Right-of-way line of County road 33 and being the POINT OF BEGINNING. 1. Thence abng the Northerly Right-of-way line of County road 74, South 88'48'08" West a distance of 289.00 feet, to a point on the Westerly line of said Lot -C; 2, Thence departing said Northerly Right-of-way line and abng Westerly line of said Lot -C, North 04'16'46" East a distance of 108.69 feet; 3. Thence departing said Westerly line North 83'48'08" East a distance of 138.75 feet; 4. Thence North 12'16'46" East a distance of 547.24 feet, to a point on the Northerly line of said Lot, 5. Thence along said Northerly line North 88'48'08" East a distance of 75.43 feet, to a point on the Westerly Right-of- way line dam., road 33; 6. Thence along said Westerly line South 04'16'46" West a distance of 655.45 feet, to the POINT OF BEGINNING. The above -described parcel contains 94,435 sf. (2.168 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum rap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4862111 Ps>iss: 4 of 4 10/19/2022 12:01 PM R Fee:$0.00 Carly Xopp�., Cl.rk and R.aord.r, Wild County CO Ili III111 EXHIBIT -A DON ANDERSON, INC. LOT 0/RE-4928 RECP./ 3689546 ji DON ANDERSON, INC. PARC.#070734400040 Ai RECP.41473601 LOT C/RE-4928 RECP4 3889546 ACQU.IREDf. J 94435 OR 2.168ac.f RWE-D3 RIGHT-OF-WAY REMAINDER LOT -C, RE -4928 94,127 sf. OR 2.161 ac.± r. EXISTING 60' RIGHT OF WAY [rilC. 3, JULY 39, 1881 RIGHT-OF-WAY ACQUISITION DON ANDERSON, INC. - RWE-03 WELD COUNTY, COLORADO RWE-0 P.O.B._ DR. It"+""--Es13/44 T7N-R66W FOUND 2 1/2" ALUM. CAP ILLEGIBLE IN MON. BOX I EXISTNG 60' RIGHT OF WAY 1 RD. BIL 3, PG. 99 JULY 13, 1882 LINE TABLE LINE L1 L2 1.3 1.4 L5 L6 L7 BEARING DISTANCE N43'27'33'W S88.48'08*W N0416'46'E N83'48'08'E N1216'46'E N88'48'08 -E 50416'46"W 40.54' 289.00' 108.69' 138.75' 547.24' 75.43' 655.45' VIC LEFFLER AND SONS, INC. cc SE CDR. S34-T7N-R66W FOUND 2 1/2' ALUM. CAP LS -23513 IN MON. BOX 74 N0 THINS TXHIBI�T 6 D yQi AN.REERESENL-. V�EY OR LAND SURVEY PLAT. R IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 ISCALE: 1"=100 DATE: 2-14-22 (DRAWN BY: ORB ISHEET. 2 of 2 4882113 Pages: 1 of 5 10/19/2022 12:01 PM R Fee:j00 Carly KoPpas, Clerk and RaZnir , We.0ld county , c0 �IIIIYIrlflll�lll ll�b'l�ll��hlE'1f41VIA Visiqi#0'Li II III NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Don Anderson, Inc. a Colorado corporation 15427 CR 74 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width fora temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: Part of the S'h of S34, T07N, R66W, Lot D of Recorded Exemption RE -4928 Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above -described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. ef- A2(1?) /o7,/j,Z/2-8-- a.6aa-oZ7i� 4862113 .Pages: 2 of 5 1®/19/2822 1291 P11 R F��:s0.80 Carly Kopp Clerk and Recorder, Weld County , CO IIII ROC i 110:1+F M MAE ICKoiIii'MW itYt 11111 Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement dear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original constriction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN TNESS WHEREOF, Grantor has executed this instrument this 1L_ day of , 2022 signed, sealed, and delivered in the presence of Don Anderson, Inc. a Colorado corporation ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF WELD KATIE KARP0VAGE NOTARY PUBLIC • STATE OF COLORADO Notary ID #20164031964 My Commission Expires 9/21/2024 Before Me, the undersigre a Notary public in and for said County and State, on this day personally appeared, (,Ylot1A r. " known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary ad and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this VEC day of Cdr" , A.D. 20'S,tWQ *'c My commission expires: O1 /a1 ii3O91-/ \Notary P�� ubfic i ` 4862113 Pages: 3 of 5 10/19/2022 12:01 PM R Fse:S0.00 Carly Koppas, Clark and Raoordar, Wald County CO �■�I�il �w���� lAiriigil�l���' '1V till WELD COUNTY REAL PROPERTY TO BE AQUIRED Permanent Easement Number: PE -02 STA. 218+25.95 Lt. to 224+51.39 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4862113 Pages: 4 of S 10/19/2022 12:01 PM R 10.00 Carly Kappa', Clark and Recorder, Weld County , CO ���� I ��A��■M�l {II I'll ��l�N +�l� 9�IRh+� Y ilieka Yl'i1k AI 01 EXHIBIT "B" PROJECT CODE: 23044 PROJECT NUMBER: STU C030-078 PERMANENT EASEMENT NUMBER: PE -02 DATE: January 04, 2022 LEGAL DESCRIPTION A Permanent Easement No. PE -02 of the County of Weld Project Code 23044, Project Number STU 0030-078, containing 22,014 square feet (0.505 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot. of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 04'33'46" West a distance of 683.64 feet, to a point on the Northerly line of Lot, of said Recorded Exemption No. 0707-34-4 RE -4928, and being the POINT Of BEGINNING. 1. Thence along the Northerly line of said Lot -C, South 813.48'08. West a distance of 35.99 feet; 2. Thence departing said Northerly line, North 12'16'46" East a distance of 401.75 feet; 3. Thence North 04'16'46" East a distance of 117.55 feet; 4. Thence South 85'43'14" East a distance of 55.00 feet, to a point on the Westerly Right-of-way line of County road 33; S. Thence along said Westerly Right-of-way line, South 04'16'46" West a distance of 20,00 feet; 6. Thence departing said Right-of-way tine, North 85'43'14" West a distance of 20.00 feet; 7. Thence South 04'16'46" West a distance of 200.00 feet; 8. Thence South 12'16'46" West a distanced 395.81 feet, to the POINT OF BEGINNING. The above -described parcel contains 22,014 sf. (0.505 no.), more or less. The purpose of the above described Permanent Easement is for DCP Midstream pipeline. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, Stated Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 In a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distanced 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, P.38213 (970)304-6446 Weld County Public Works Dept. 1111 H Street Greeley, 0080632 4862113 Pages: S of S 10/19/2022 12:01 PM R F.. $0.00 Carly Kopp's, Clerk and Recorder, Weld County , CO Mill 14UFAMOIl EXHIBIT -B EXISTING 60' RIGM OP WAY RD. BK. 3, PG 99 ]ULY 1;, 1882 0%,(!kg" PE -O2 RIGHT—OF—WAY ACQUIRED 22,014 sf. OR 0.505 ..± E-0 DON ANDERSON, INC. PARC.#070734400041 RECP.N1475601 L0T D RE -4028 RECD. 3800548 LINE TABLE LINE L1 L2 L3 L4 15 L6 L7 L8 L9 BEARING DISTANCE N04'33'46"W S88'48'08"W N1216'46"E N041 6'46"E S85.43'14"E SO4'16'46"W N85'43'14"W SO4'16'46"W S1216'46'W 683.64' 35.99' 401.75' 217.55' 55.00' 20.00' 20.00' 200.00' 395.81' r_i 35' L2 PE -02 DON ANDERSON, INC. P.O.B. Lor c/RE-492e RECP./ 3889548 PERMANENT EASEMENT ACQUISITION DON ANDERSON, INC. - PE -02 WELD COUNTY, COLORADO 15 1/4 COR. S34-T7N-R86W FOUND 2 1/2' ALUM. CAP ILLEGIBLE IN Mat. BOX VIC LEFFLER AND SONS, INC. .O.C. S34-TIN-R86W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A M0NUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 1 SCALE: 1,00 DATE: 244-21 'DRAWN BY: DRHISHEET: 4862114 Paass: i of S 10/19/2022 12:0 PM R Fee:4.00 Carly Kopp�s, Clark and R�oordar, Wild County CO iroi 1l�1N�C,li�+ ,4iCJ M,l�'bk� I�i4+Nu i tin NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Don Anderson, Inc. a Colorado corporation 15427 CR 74 Eaton, CO 80615 hereinater referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width fora temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: Part of the SE Y of S34, T07N, Rf36W, Lot C of Recorded Exemption RE -4928 Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines fora period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above -described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. cam: 4,2(1) /-2//c2/.2,2_ /al/a/a a- ao -,47/� 4882114 Pa9�l 2 of t5 10/19/2022 12:01 PM R Fr+e:S0.00 CarLY KoPPaaClark and RaoordarWald County , CO 1011 IC WitiTit illidi,011411111 Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement dear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and at damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of 2022 signed, sealed, and delivered in the presence of: Don Anderson, Inc. a Colorado corporation ACKNOWLEDGEMENT KATIE KARPOVAGE NOTARY PUBLIC • STATE OF COLORADO Notary ID 020164031984 My Commission Expires 9121/2024 STATE OF COLORADO COUNTY OF WELD Before Me, the undelned a Notary.Public in and for said County and State, on this day personally appeared, Cock\ C._ QY1c f5� \ _, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged tome he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this I( day of OC-tr ber , A.D. 2022. My commission expires: O 9/a\ &a y Notary P is 4862114 Pages: 3 of S 10/19/2022 12:01 PM R Fee:r$0.00 Carly Koppn , Clerk •nd R�oord�, Wild County CO kOi Iii WELD COUNTY REAL PROPERTY TO BE AQUIRED Permanent Easement Number: PE -03 STA. 218+25.95 Lt. to STA. 218+32.28 Lt. (WCR 33 Align.) FROM Don Anderson, Inc. 15427 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection 4882114 Pages: 4 of S CA10/19/2022 12:01 P17 R Fa.:$0.00 n2142.31,1, Clerk and Rtroord�r, Wtald County CO IIIil KIEL Mte'dli*Iiik l l EXHIBIT "B" PROJECT CODE: 23044 PROJECT NUMBER STU C030-078 PERMANENT EASEMENT NUMBER: PE -03 DATE: January 04, 2022 LEGAL DESCRIPTION A Permanent Easement No. PE -03 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 19,211 square feet (0.441 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -C of Recorded Exemption No. 0707-34-4 RE -4928, filed In the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as folklws: COMMENCING at the Southeast Comer of said Section 34; Thence North 04'33'46" West a distance of 683.64 feet, to a point on the Northerly line of said Loth and tieing the POINT OF BEGINNING. 1. Thence departing said Northerly line, South 12'16'46" West a distance of 547.24 feet; 2. Thence South 83'40'08" West a distance of 36.90 feet; 3. Thence North 12'16'46" East a distance of 550.55 feet, to a point on the Northerly Pine of said Lot -C; 4. Thence along said Northerly line, North 88'48'08" East a distance of 35.99 feet, to the POINT OF BEGINNING. The above -described parcel contains 19,211 sf. (0.441 ac.), more or less. The purpose of the above described Permanent Easement is for DCP Midstream pipeline. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88'32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PIS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4862114 Pagaa: 5 of 5 10/19/2022 12:01 PI R F::50.00 Carly Kappa., Clark and Recorder, Weld County , CO R1KIhUQ II VI EXHIBIT -B DON ANDERSON, INC. LOT 0/RE-4928 RECP.# 3889548 E-0 PE -03 I Y1R .O.B_ ; 1/4 COR. S34-TiI1-R88W . DON ANDERSON, INC. PARC.#070734400040 R.ECP.#1475601 LOT C/RE-4928 ORUT4 3889548 re PE -03 PERMANENT EASEMENT ACQUIRED 19,211 sf. re OR 0.441 oo.± PERMANENT EASEMENT ACQUISITION DON ANDERSON, INC. - PE -03 WELD COUNTY, COLORADO 1$61 I FOUND 2 1/ 2" ALUM. CAP ILLEGIBLE IN MON. BOX I 1 I EXISTING 60' RIGHT Of WAY RD. BK. 3, PG. 99 JULY 13, 1882 LINE TABLE LINE L1 L2 L3 L4 L5 BEARING DISTANCE N04'33'46"W S12'16'46"W S83.48'08"W N12'16'46"E N88'48'08"E 683.64' 547.24' 36.90' 550.55' 35.99' VIC LEFFLER AND SONS, INC. O.C. SE COR. S34-T7N-R88W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX NOTE: THIS EXHIBIT MAPINgja RFPRFSENL p'IONONENTED TAM 3URVEY OR LAND SURVEY LAT. IT IS INTENDED TO ILLUSTRATE THE TTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCIE 74 & 33 INTERSECTION PROJECT N0: GR-55 SCALE: 1"=100 DATE: 2-14-22 (DRAWN BY: DUI SHEET: 2 oft Hello