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Home My WebLink About20212970.tiffCoh�vad- (r57O MEMORANDUM TO: Esther Gesick, CTB DATE: March 24, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Amended Purchase and Sales Agreement from Hungenberg RD Farms for ROW and Easements on the CR 66 & CR 41 Intersection Project Please place the attached Amended on the BOCC agenda. The amended agreement is for the relocation of a previously unknown septic system located on ROW property purchased from Hungenberg RD Farms located on the along the north side of the CR 66 west of CR 41. The agreement and offer were reviewed by the BOCC in a pass around that was returned on March 22, 2022. All five commissioners approved the placement of the agreement on the BOCC agenda. The cost of the agreement $12,100.05 and includes the labor, material, and permits required to relocate the septic system. The agreement has been reviewed by the Attorney's Office and Mr. Hungenberg has already signed it. Public Works has included the acquisition of this property in its 2022 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. 03/30/ ZZ (e&) PL'J (RKH/CK) y/l9/2 l 2v2� -Z�t'l O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amended Agreement for the Purchase of ROW on the Hungenberg RD Farms Property — CR 66 and CR 41 Intersection Project DEPARTMENT: Public Works DATE: March 21, 2022 PERSON REQUESTING: Clay Kimmi Brief description of the problemlissue: Public Works acquired ROW from Hungenberg RD Farms in late August 2021 for the CR 66 and CR 41 project. At the time of acquisition, all parties were under the assumption that the septic system servicing the property was located outside of the property being acquired. However, during the relocation of the Atmos Gas lines, it was discovered that the septic system was actually inside the property that Public Works had acquired. Mr. Hungenberg has requested that the County pay for the septic system as a damage and he will get it relocated. If Public Works would have been aware of the septic system at the time the ROW was acquired, Mr. Hungenberg would have been paid to relocate the septic system. Public Works consulted with Bruce Barker about the best way to handle the situation. Bruce recommended that we do an Amended Agreement that would pay for the septic system relocation. An amended agreement was drafted and then reviewed by Bruce. As part of the amended agreement, Mr. Hungenberg's contractor provided a cost of $12,100.05 to relocate the septic system. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The BOCC can opt to amend the ROW Purchase Agreement to pay for the septic system relocation. The agreement would be amended for an amount not to exceed $12,100.05. 2. The BOCC could ask for a work session to gain more information. Recommendation: Public Works recommends Option 1 which is amend the ROW Purchase agreement for an amount not to exceed $12,100.05. A�orovo Schedule Perry L. Recjendption Work Session OtherlComments: Buck Mike Freeman, Pro -Tern Y� Scott K. James, Chair Steve Moreno ____t'' Lori Saine V� Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isainet�weidgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, March 22, 2022 11:46 AM Karla Ford RE: Please Reply - PW Pass -Around - 66 41 ROW Agrmt Amend Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the co munication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Tuesday, March 22, 2O22 11:31 AM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - PW Pass -Around - 66 41 ROW Agrmt Amend Importance: High Please advise if you approve recommendation. Thank you. Karla Ford R Executive Assistant & Office Manager, 1150 O Street, P.O. Box 758, Greeley, :: 970.336-7204 :: kford weldgov,con **Please note my working hours are Board of Weld County Commissioners Colorado 80632 i :: www.weldgov.com :: Monday -Thursday 7:00a.m.-5:00p.m.** 1 Page I of 5 AMENDMENT TO AGREEMENT RELATED TO THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HUNGENBERG RD FARMS, LLLP AND WELD COUNTY, COLORADO THIS AMENDMENT TO AGREEMENT is made thlsc/ day of 1y j , 2022, by Hungenberg RD Farms, LLLP, whose address is 976 N. Balsam, Greeley, CO 80631 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 previously sold a parcel of real property to the County which was later discovered to contain a septic system that was unaccounted for but services the house located at 32040 CR 41, said leach field being described in the attached Exhibit A, which are hereinafter referred to collectively as the "Property", and WHEREAS, County recorded the original agreement ("Agreement") with the Weld County Clerk and Recorder under Reception Number 4769033 on October 25, 2021, and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 41 (hereinafter "WCR 41 "), and Weld County Road 66 (hereinafter "WCR 66"), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires relocation of said Residential On -Site Wastewater Treatment System (hereinafter "OWTS") from the Property for the benefit of County to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project and enter into this AMENDMENT TO AGREEMENT, NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. a Exhibit A — Depiction of existing and proposed leach field relative to County ROW • Exhibit B — Contractor's estimate II. COMPENSATION: PROPERTY CONVEYANCE 1. Total additional compensation to be paid by County to Owner, as described below, is, ($12.100.05). Owner agrees that this compensation Is for the relocation of the OWTS. 2. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. 3. County shall pay all fees associated with recording this Agreement and/or the Exhibits. 4817790 Pages: 1 of 5 04/11/2022 02:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO O(/ G7` (, mill �Ur.rRl �' i0 �l� .I0ri'�9KI L 1I II1 Page 2 o15 4. All provisions set forth in the original Agreement not otherwise modified herein shall remain the same. Ill. MISCELLANEOUS 1. This Amendment to Agreement 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 Amendment to Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Amendment to Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Amendment to Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Amendment to Agreement. It is the express intention of the undersigned parties that any entity otherthan the undersigned parties receiving services or benefits under this Amendment to Agreement shall be an incidental beneficiary only. 5. This Amendment to 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 Amendment to Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Amendment to Agreement. This Amendment to Agreement may be changed or supplemented only by a written instrument signed by all parties. Colorado law, rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Amendment to 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. 7. If any term or condition of this Amendment to Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Amendment to Agreement shall be construed and enforced without such provision, to the extent that this Amendment to Agreement is then capable of execution within the original intent of the parties. 4817790 Pages: 2 of 5 04/11/2022 02:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill r'I11111 COUNTY C/( ATTEST: W. 0•� Page 3 of5 8. In the event of a dispute between the parties concerning this Amendment to 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. IV. ACKNOWLEDGMENT. 1. County and Owner acknowledge that each has read this Amendment to Agreement, understands it and agrees to be bound by its terms. Each has had an opportunity to seek legal counsel in relation to the obligations required by this Amendment to Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER Date BOARD OF COUNTY COMMISSIONERS s, Chair MAR 3 0 2022 4817790 Pages: 3 of 5 04/11/2022 02:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO O millINFOA�111MIl LOWAi�irjulpA1 'i 11111 02002/ 0297 E?z Ii 1f j � r ai { W Page5of5 EXHIBIT B COST ESTIMATE Sheet2 Sheet3 Carroll Excavation & Repair Inc. Bid for: Hungenberg Produce Quantity Item PricelItem l'otil I 1000 gal, Scptic I'ank 1.325 1.325 2 Lid Adp. 95 190 2 I.Ids 45 90 53 Infihr&urs 55 2.915 8 End Caps 31 248 1 D -Bo\ g0 80 4 fl -Box Extensions 35 140 2 I' Lid Extension 50 100 200 ft. 4" Pipc 2 400 I Misc. Pans 100 100 Subtotal 5.588 Tax on Materials 162.052 Subtotal 5.750.052 Labor 5.500 Total 11.250.052 ?as4— &k $850 per OWES Application Total Cost $12,100.05 4817790 Pages: 5 of 5 04/11/2022 02:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County CO mill KFAIK a�� 1A�1 A 1111 NA R � kl' 1 �i ii i New Contract Request Entity Information Entity Name* Entity ID HUNGENBERG RD FARMS LLLP O00044640 Contract Name * AMENDED PURCHASE AND SALES AGREEMENT FOR SEPTIC SYSTEM RELOCATIO Contract Status CTB REVIEW ❑ New Entity? Contract ID 5702 Contract Leal * CKIMMI Contract Lead Email CKimmi@co.weld.co.us Parent Contract ID 5322 Requires Board Approval YES Department Project # GR-45 Contract Description AMENDED SALES AGREEMENT FOR THE RELOCATION OF A PREVIOUSLY UNKNOWN SEPTIC SYSTEM THAT WAS DISCOVERED TO BE IN THE ROW THAT WAS PURCHASED FROM HUNGENBERG RD FARMS IN LATE 2021. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 03?2612022 03/30/2022 Amount* Department Email $ 12,100.05 CM- Will a work session with BOCC be required?* PublicWorks reldgov.com HAD Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be included? CM-PublicWorks- NO Automatic Renewal DeptHead@weidgov.com NO County Attorney Grant GENERAL COUNTY NO ATTORNEY EMAIL ICA County Attorney Email NO CM- COU NTYATTORN EY@WELDG OV.COM If this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract ° Dates Effective Date Review Date* Renewal Date 03�°24;2022 Termination Notice Committed Delivery Date Expiration Date* 32,;'311212'2 Contact info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Por€hasmg Approver Department Head JAY MC DH Approved Date 03/24/2022 BOCC Approved BOCC Signed Date BOCC Agenda Date 03/3012022' Originator CKIMMI Purchasing Approved Date Tyler Ref # AG 033022 RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR COUNTY ROADS 41 AND 66 INTERSECTION IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN - HUNGENBERG RD FARMS, LLLP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Certain Property for the County Roads 41 and 66 Intersection Improvements Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hungenberg RD Farms, LLLP, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Certain Property for the County Roads 41 and 66 Intersection Improvements Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hungenberg RD Farms, LLLP, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2021. ATTEST: Weld County Clerk to the Board Deputy Clerk to th Date of signature: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve oreno hair Scot K. James, Pro-Tem EXCUSED DATE OF APPROVAL Perry L. Buck Mike Freeman EXCUSED Lori Saine CC ;P'a(ER/cK/c►c) 2021-2970 11/1942( EG0079 Co r-)+rC+ =O 4 53aa MEMORANDUM TO: Esther Gesick, CTB DATE: October 14, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement from Hungenberg RD Farms for ROW and Easements on the CR 66 & CR 41 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the purchase of ROW, permanent construction easements, and temporary construction easements located on the along the north side of the CR 66 west of CR 41. The agreement and offer were reviewed by the BOCC in a pass around that was returned on August 23, 2021. All five commissioners approved the recommendation to negotiate with Hungenberg RD Farms for an amount of between $196,100 and $220,000. Public Works offered Hungenberg RD Farms $196,100. Hungenberg RD Farms countered with an amount of $226,000. Public Works countered with an offer of $220,000 which was the maximum amount authorized by the BOCC. Hungenberg RD Farms accepted the offer of $220,000. Public Works has included the acquisition of this property in its 2021 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. Page! of! 2021-2970 &,0079 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition Offer for the Hungenberg RD Farms Property DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: August 23, 2021 Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 66 and CR 41 project which is slated to begin construction in November of 2022. During the design phase of the project, it was determined that the County would need to acquire ROW, permanent easements, and temporary construction easements from the Hungenberg RD Farms property, which is located on along the north side CR 66 and the west side of CR 41. The estimated acquisition cost is estimated to be more than $5,000, so the County's contracted ROW agent acquired an appraisal on the County's behalf and the landowner was given the option to obtain a separate appraisal. The County's appraisal done by Jon Vaughn was completed on July 29, 2021. The landowner hired Alan Axton to do his appraisal. Mr. Vaughn's appraisal assessed the value of the land for the ROW acquisition, permanent easement acquisition for North Weld County Water District, and temporary construction easements to be valued at $7,800 per acre. The landowner has not provided a copy of Mr. Axton's appraisal. Mr. Vaughn's appraisal estimated the value of the impacts to the Hungenberg RD Farms property to be approximately $17,153.00 for 2.199 acres of ROW and $710.00 for 0.455 acres of temporary construction easement. Applying the 30% signing incentive to the value of the land, adding the cost to relocate the mobile home ($167,447), and adding in crop damages ($5,378.00), the initial offer would be $196,100.00 (rounded). What options exist for the Board? (include consequences, impacts, costs, etc. of options): The BOCC can opt to offer the landowner an initial offer based on: 1. The County's value which includes the County's Land Value, 30% incentive, mobile home relocation, and crop damages for a total offer of $196,100.00. 2. The BOCC could ask for a work session to gain more information. Recommendation: Public Works recommends Option 1 which is offering the value of our appraisal with the 30% incentive added to the value of the land. Public Works would also like to request that the BOCC authorize Public Works with the ability to counter up to $220,000.00. These recommendations allow Public Works to negotiate in good faith with Hungenberg RD Farms between $196,100 and $220,000. If Hungenberg RD Farms accepts the offer, Public Works will place the agreement on the BOCC's agenda for approval. If they wish to request more than $220,000, Public Works will return to the Board with a new recommendation. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine M Schedule Work Session Other/Comments: Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Mike Freeman Monday, August 23, 2021 10:20 AM Karla Ford Steve Moreno Re: Please Reply - Pass Around for RD Farms ROW Acquistion On Aug 23, 2021, at 10:17 AM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approved recommendation. Thank you. Karla Fordj( Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweidgov.com :: www,weldgov.com :: *`Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** ❑ �r— x Confidentiality Notice; This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it/s addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Clayton Kimmi <ckimmi@weldgov.com> Sent: Monday, August 23, 20218:07 AM To: Karla Ford <kford@weldgov.com> Cc: Don Dunker <ddunker@weldgov.com>; Marjorie Caudill <mcaudill@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Clayton Kimmi <ckimmi@weldgov.com> Subject: Pass Around for RD Farms ROW Acquistion Karla, Can you have the Board review this pass around request for ROW acquisition on the Hungenberg RD Farms parcel? This is for the CR 66 and CR 41 project. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1 Karla Ford From: Sent: To: Subject: Approve Sent from my iPhone Steve Moreno Monday, August 23, 2021 10:44 AM Karla Ford Re: Please Reply - Pass Around for RD Farms ROW Acquisition > On Aug 23, 2021, at 9:27 AM, Karla Ford <kford@weldgov.com> wrote: > Please advise if you approve recommendation. Thank you. > Karla Ford- > Office Manager, Board of Weld County Commissioners > 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 > :: 970.336-7204:: kford@weldgov.com<mailto:kford@weldgov.com> :: www.weldgov.com<http://www.weldgov.com/>:: > **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** > (WC Logo Color) > > Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. > From: Clayton Kimmi <ckimmi@weldgov.com> > Sent: Monday, August 23, 2021 8:07 AM > To: Karla Ford <kford@weldgov.com> > Cc: Don Dunker <ddunker@weldgov.com>; Marjorie Caudill <mcaudill@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Clayton Kimmi <ckimmi@weldgov.com> > Subject: Pass Around for RD Farms ROW Acquistion > Karla, > Can you have the Board review this pass around request for ROW acquisition on the Hungenberg RD Farms parcel? This is for the CR 66 and CR 41 project. > Clay Kimmi, P.E. > Senior Engineer > Weld County Public Works > 1111 H St > PO Box 758 > Greeley, CO 80632-0758 > 11 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HUNGENBERG RD FARMS, LLLP AND WELD COUNTY, COLORADO +h THIS AGREEMENT is made this oO day of ©C+. , 2021, by Hungenberg RD Farms, LLLP, whose address is 976 N. Balsam, Greeley, CO 80631 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 containing property interests described in the attached Exhibits A and B (Right -of -Way or ROW), and property described in Exhibits C and D (Temporary Construction Easement or TCE), which are hereinafter referred to collectively as the "Property", and as WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 41 (hereinafter "WCR 41 "), and Weld County Road 66 (hereinafter "WCR 66"), 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') from the Property for the benefit of County 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: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. • Exhibit A — ROW Deed of Dedication form, legal description, and depiction of parcel RW-8 • Exhibit B — ROW Deed of Dedication form, legal description, and depiction of parcel RW-8A • Exhibit C — Temporary Easement form, legal description, and depiction of parcel TCE- 8A • Exhibit D — Temporary Easement form, legal description, and depiction of parcel TCE- 8B II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Two Hundred twenty thousand dollars and no cents, ($220,000.00) (Rounded). a. Owner agrees to sell at closing and County agrees to purchase at closing the Public Road Right -of -Way parcels described and depicted on Exhibits A and B for the sum of Twenty-two thousand two hundred ninety-eight dollars and ninety cents, ($22,298.90). Page 1 of 26 4769033 Pages: 1 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly YlKopp{ess,,'ICl`erkk hand♦ Recorder, Weld County , CO Itlif'irffr.T�l�(,I�1� b. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easements described on Exhibits C and D for the sum of Nine hundred twenty-three dollars and no cents, ($923.00). c. Owner agrees at closing that County will pre -pay for 2 seasons of potential crop loss for approximately 3.308 acres of grain corn in the sum of five thousand three hundred seven -eight dollars and no cents, ($5,378.00). d. Owner agrees at closing that County will pay for improvements being impacted by the project, including Vinyl fencing, Mobile home relocation, trees, Chain link fence 4', Chain link fence 6', Chain link gate, vinyl gate, septic replacement, and lawn in the sum of One Hundred sixty-seven thousand four hundred forty-seven dollars and no cents, ($167,447.00) e. Owner agrees at closing that County will pay a Cost to Cure in the sum of Twenty- three thousand nine hundred fifty-three dollars and ten cents, ($23,953.10) 2. In accordance with the terms of Exhibits A and B, the Deed of Dedication shall not be valid until approved and accepted by the Board of County Commissioners. 3. County shall be entitled to take possession of the property interests described immediately upon mutual execution of this Agreement. 4. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. Ill. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants Temporary Construction Easements (TCEs) to the County covering all property described and depicted in, and subject to the terms provided in Exhibits C and D. 2. Owner shall not interfere with County's authorized use of the TCEs during the term of the TCE. IV. CLOSING 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. 2. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Public ROW and TCE 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 propertytaxes (including special assessments and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication. Owner is solely responsible for Page 2 of 26 4769033 Pages: 2 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 r* y«RIh�L1F�1�'iiii,, the payment of any amounts owed to a third party holding a security or other ownership interest in the property interests. 3. County shall be entitled to take possession of the TCE immediately upon the execution of this agreement and the remaining property upon closing. 4. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Property. 5. County shall pay all fees associated with recording this Agreement and I or the Exhibits. V. MISCELLANEOUS 1. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by all parties. 6. 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. 7. 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 Page 3 of 26 4769033 Pages: 3 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill 111111 7. 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. 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. VI. ACKNOWLEDGMENT. 1. County and Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Each has had an opportunity to seek legal counsel in relation to the obligations required by this Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Hungenberg RD Farms, LLLP Signature /� 6;e1v C2 - COUNTY: , ,/ v , ATTEST: Wel_County Clerk to th Deputy Cle#( to Date G. JC o;4i BOARD OF COUNTY COMMISSIONERS Board WELD COUNTY 861 Page 4 of 28 Moreno, Chair OCT 2 0 2021 4769033 Pages: 4 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO o200�1,�97D mill I�FIAIPl11 k114I9 A9 iL il101MID I '�10W 1I III EXHIBIT A ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-8 4769033 Pages: 5 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Bill 11MIFIGl�11I1 ��G+d %i Y wk l i � &IM11V'�IYA 11111 Page 5 of 26 ED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2021, between Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership Title STATE OF COLORADO) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, 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 , 2021. ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 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). 4769033 Pages: 6 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill 1 rjr �� h1B ' IN K��I CIS r4' K71L� 114 1I 111 Page 6 of 26 EXHIBIT XL Q f j1t t * i .� 6f2N2021 �o�� 33664 Jl1 YAm YvnCtlpl orrw v Cl' si HUNGENBERG RD tMfl CUE FARMS LLLP M gtY1AGUfM]Y.O Y_sUtifp PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW 1/4 EXCEPT REC# 1933611 & 1935852 ,I SWI/4 5.21, srw,��n. TO6N. R65W S1S155WE Y.. �IOr�•--. ".... P.O.C. gj NE COR. oFl SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) A ti S UN E SWI/4, S.21, T06N, R65W WELD COUNTY ROAD 56 & MELD COUNTY ROAD 41 NTX. PLAN CENTERLINE RW-8 = 76.768 SF.± 9'6 a— IrIOWL_ s.— IT w x. 66 E]US1 NG N6T193rw 1,30Z4B RIGHT—OF—WAY NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A LIONUMENTED LAND NMI/4 SURVEY OR LANO SURVEY PLAT. IT IS 528. INTENDED TO ILLUSTRATE THE ATTACHED TO6N. R65W PROPERTY DESCRIPTION ONLY. 4769033 Pages: 7 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly KoppIe1■s, Clerk and Recorder, Weld County CO mIII N)F1!1I1f !1I ww ' li�N�ti�h 1I II1 D&11/X21 'Oran COO I Shed 1& 3 Page 7 of 26 EXHIBIT fly flas. HUNGENBERG RD FARMS LLLP PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW 1/4 EXCEPT REC# 1933611 & 1935852 5w1/4 5,21. T06N, R65W NW1 /4 S2& TOW R65W I' dli f.iTSi1 •� T• _ 1 w -• • RW-8 — 76,768 S.F.t STA: 13 NB1m 1,3D2Ar •ow_ f' NOTE; THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURREY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. • • ; DY1112121 'D►ain Cl. 000 (seat 2 3 4769033 Pages: 8 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koopes. Clerk and Recorder, Weld County CO VIII W) jP 1LU1Yhhla I II Page 8 of 26 EXHIBIT �r cI Ht., GENBERCT R[) $ .. rr.w�IrM FARMS LLLP PARC.'080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW1/4 EXCEPT REC# 1933611 & 1935852 i:4AL,1 y� PO.C. NE. C. SEC.29 FCIJND 2—I/2n S. LINE 5w1/4, FU NINUU CAP (•II I r3I�E) 5.21, RT06N. NWI/4 S.28, u 100 2W T06N, R65w HT SYl1 /4 S.21, T06N, R65W NELD COUNTY RCAC 66 & WRiD COUNTY ROAD 41 INTX. PLAN CENTERLINE 58S' 3 t 566. w Pt 512t'202I oik 33654 ; R* -8 76,768 S F.f i1 iti+r r. St fI 7665.17 -._ w .C.R 66 EXISTING 487'193FW 1,302.4$ — RI GMT —CF —WAY RIGHT OF WAY ACQUISITION HUNGENBER3 RD FARMS LLLP WELD COUNTY. COLORADO 4769033 Pages: 9 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO mIII II NOTE: THIS EXHIBIT MAP DCCS NOT REPRESENT A MONUUENTEO LANG SURVEY OR LAND SURVEY PLAT IT IS INTENDED TO ILLUSTRATE THE ATTACHE PROPERTY DESCRIPTION CNLY. WELD COUNTi'DEPARTMENT OF PUBLIC WORKS 1VCR 66 A 41 INTERSECTION PROJE'r Rdaflda GRAS `•sk -i17' 05'14:@7 I6rrAr Dy G3G I S-,eet i c 3 Page 9 of 26 EXHIBIT * U u l l r f� O4� c'6GY} 5i2V2[12' �o'r 33654 It O ZS flalefl Sfl PO iW till ar{ ,aw0► a rtwarn . HUNGENBERG RD FARMS LLLP F�1 PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW1/4 EXCEPT REC# 1933611 & 1935852 fts J249n8'E 107 2m Ir RIGHT OF WAY ACQUISITION HUNGENBERG RD FARMS LLLP WELD COUNTY, COLORADO SW1/4 $21. T106N. R65W ` J\ RW-8 = 862'8814£ 76,768 S.F. ,_,I 0Th 532+7744 .4r_ i l%%IT7}ti NW1 /4 S.28, T06N, R65W '- �C�r k1M r9r_ LNEr19rw 1,3C2A8' "I NOTE: THIS EXHIBIT MAP GCES NOT REPRESENT A MCNUNENTED LAND SJR'vEY OR LAND SURVEY PLAT. 1T IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRP11O o ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS 1VCR €6841 .eyJ •... INTERSECTION PROJEC r"'MRJVRORd5 5.4. -.-__ 0914001 IDram) bo nor I = • 4769033 Pages: 10 of 26 10/25/2021 11:33 OF R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO jUI m?mjjl3 PjA'4 �tiE t+:1 ki I1 �M'Y��14h L ' Y IA 1I III Page 10 of 26 EXHIBIT B EXHIBIT A parcel of land, No. RW-8, Weld County Project No. GR 45 containing 70,788 sq. ft. (1.762 acres), more or less, being a portion of land described in a deed, recorded on December 26, 2012 at Reception Number 38Q8844 in the office of the Weld County Recorder, located the West half of the Southwest quarter of Section 21, Township a North. Range 65 West, of the 0h Principal Meridian, in Ndeld County, Colorado. said parcel being more particularly described as'Dllaws: COMiENCING at the comer common to Sections 20.21,28 and 29. Township De North, Range 65 West of the Cth Principal Meridian.. thence N C'1' 13' Q4' E. along the West line of said Southwest quarter, a distance of 113.0€ feet thence N 88' 48' 56 E. perpendicular to sand 'Nest line, a distance of 30.00 feet to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 8, 1874 being 6C feet in width, 36 feet on both sides of said 'Nest line oorrrron to said Sen~.ions 26 and 21, and also being opposite and 78.30 feet Left of Engineer's Station 126e15.16 and 180 POINT OF BEGINNING: Thence S 76' 15' 26' E, a distance et 57.82 feet to a pant opposite and 68.18 feet Left o` Engineer's Statrorl 1217+035. DC: Thence S 85' 33' 24" E, a distance of 82C. 4 B feet to a paint opposite and 72.53 feet Let of Engineers Staten 127+24.08; Thence S BD' 14' 08' E, a distance of 124.67 feet tee point opposite and 62.60 feet Loft of Engineer's Station 128+49.14: Thence S 83" 52' 27" E, a distance of 423.77 feet In a pant opposite and 49.89 feet Left of Engineer's Stamen 132+74.47: Thence S 62' 55' 14" E, a distance of 57.56 seen to the intersection of the East line of the said West half of the Southwest quarter and the North right of way line for Weld County Road 680° tenor bed in Right of 'N'ay Road Book 2, Page I.", recorded April 7, 1876 being 47 feet in width. 23 feet on bath sides of the South line cerrrron to said Sections 21 and 28. being opposite and 23.11 feet Left of Engineers Station 133+27.12 Thence N 87' 19' 35' W, aiong said North right of way I Na, a distance off 1, 302.48 feet 1a the intersection of the said Eas: nghe of way line, being opposite and 17.13 feet Wght of En5eoo#s Station 120+24.47: Thence N 01' 13' 24' W. aiong said East right of way line, a distance of 95.95 feet to the POINT OF BEGINNING; whence the pant of commencement bears S 13'31 We W. a distance of 117.84 feet The abawe described parcel comers 76.7t2 so. ft 11.762 acres). more or less. BASIS OF BEARINGS_ Bearings used in the calculator of coordinates are based on a grid bearing of N1D"45'13"W from C"4ARN point 'COOT MILE POST _'070.44" ,a survey disc on alorenum rod;) Senior 32. Township 6 North., Range 85 West, S+xth P.M., and CI4ARN point 1-4CORA" 10 survey disc set in eancretej Section 3'. Township 7 North.. Range 65 West. Sxh P.M., as obtained Acre Cklt al Positioning SysterefCCSj sur.'ey based on the Colorado A-ligh .Accuracy Network (CHA it The Basis of Bearings was provided by Weld County for use on this project. DEA Meld verified the provided annual and aliquot eumnr wentation, and set local control based on said prtvided data. The Basis of bearings shown here came directly from provided 'Held County data. s,4 o ,S=ni-1. grey G. Ge+errern PL. G. 3tfta For and or cocci of nanma Enp'reen 5070 tOewiw000 Rata, bist21290V uca meson NllaW, CO 80111 RIGHT OF WAY ACCtUISITION SSD HUNGENBERG RD FARMS LLLP WELD COUNTY, COLORADO •a t rob 5'rrnt:1 v,� 33654 F TEED COUNTY DEPARTMENT OF PUBLIC WORKS 1etd 668 41 • c reSECTION PROJECT PrOedNa 0020 %3k n -rat set rwr net 1 Srieet 2 n 3 ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF Page 11 of 26 PARCEL RW-8A 4769033 Pages: 12 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill NFIA7 N 4 I V111%'NIF JJ4N+�h I INA 1! 111 Page 12 of 26 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2021, between Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership 1 Title STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, 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 , 2021. ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 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). 4769033 Pages: 13 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Page 13 of 26 EXHIBIT e1/Arangy twe 5.20, T06N, R65* A: 518+46 74 OFF: 71175R1 I NOTI3TU'W 145M STA 517+57.1 OFF: 71479 rA 51706.99 OFF: 51.87'R m TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY. COLORADO HUNGENBERG RD FARMS LLLP PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW1/4 EXCEPT REC# 1933611 & 1935852 SWI 312E 25. T ST(R r ✓(L 1''99`. 41 o 4(72 ,f IDOW TCE-SA - 5.576 S.F.t Nei•1931.w 428' 301.13T4t e9.E9r N88.4656t 3fA SYf+Orx CFf 'F %R L• see W3•se+s9•vr 331,96 {m P.o.C_i .o.C. NE COR. SEC 29 FOUND 2 -1/2 - ALUMINUM CAP (ILLEGIBLE) 4769033 Pages: 14 of 26 10/25/2021 11:33 AM R Fee:$0.@0 Carly Koppes, Clerk and Recorder, Weld County CO X111 �1�P N I �'U+IhI'oi+Ial �I�=II#'r Il�1rk�'14k�L N�LW 1I 111 SW1/4 5.21, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY NLAT IT IS INTENDED TO ILLUSTRATE THE ATTACHE) PROPERTY DESCRIPTION ONLY. w .'1 CJ 12'02' 33654 ; � � des •'i � v - �- r 14CR66&41 INTEI;wT1ON PROJECT GRAS ISn$t 1' -tor asr+ v=1 Iar•wi by. oc o I creel 1 ar Page 14 of 26 EXHIBIT -- - I - t F D Th ._ - OFF:$1 AQR Tr 7 100 700 TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW 1/4 EXCEPT REC# 1933611 & 1935852 TCE-8A - 5.576 S.F.4- Prra 421:' I N39'46'E6t rsor auau 4 EFA 517+9E.3S OFE: 76.868 ;E8'416�i8 w 25ace 3C,3mW]Th' 331.� I P.O{ao.cTSEC.29 i P.O.C. 4 FOR. �' FOUND 2-1/2" I ALUMINUM CAP (ILLEGIBLE) HUNGENBERG RD FARMS LLLP WELD COUNTY. COLORADO 1• 4769033 Pages: 15 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County , Co I 1III 1 r I'?r RJ 1 'p+Ylt m!p P rI �t I�VI �'IT� �l II SWt /4 S.21. T06N, R65* NOTE THIS 01-110IT MAP C C S NOT REPRESENT A MONUMENTED Lz%r SURVEY OR LAND SURVEY PLAT IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY CESCRIPTION ONLY. L Y 4MUE4 4'V 14 52V"2' a'1 t 33654 A / O LO I 1 ,_L WELD COUNTY DEPARTMENT OF PUBLIC WORKS 1VCR 66 8 41 INTERSECTION PROJECT dNa GRAS k* Y-107 0911o1 ow by. COG Bleet I Page 15 of 26 EXHIBIT DESCRIPTION A temporary construction easement No. TCE-8& Weld County Project No. OR 45 containing 5,578 sq. ft (0128 acres). more or less, being a portion of land described in a deed, recorded on December 26, 2012 at Reception Minter 3806044 in the office of the Weld County Recorder, located the West half of the Southwest quarter of Section 21, Township 6 North, Range 85 West of the 6th Principal Meridian. in Weld County, Colorado. said tern orary construction easement being more particularly described as fdlaws: COMMENCING at the comer common to Sewio-. _ _ _ -1.28 and 29. Township 08 North, Range 9e West of the 8th Principal Meridian, thence N 31° 13' D4' W, alort_ :. = *es t line of said West half of the Southwest quarter, a distance of 330.49 feet, thence N 92146 59" E. perpendicular ti, _ _ :! :"'=st line, a distance of 30.00 fees to the East line of a 9C fee: wide right of Way line of Weld County Road 41, and rs-ig opposite and 51.87 feet Right of Engineers Staten 517+06.98 and the POINT OF BEGINNING: Thence N Dl' 13' 04''N, along said East right of way line, a distance of 145.52 feet to a point opposite and 50.70 feet Right of Engineer's Station 518+52.51; Thence N 00° 40' 29° E. 97.60 feet to a point opposite and 86.58 feet Right of Engineers Station 512+49.93;. Thence S 81° 19' 31" E, 25.00 feet tea point opposite and 91.26 feet Right of Engineer's Station 519#49.28; Thence 208° 48' 29" W. 100.22 feet to a pant apposite and 74.97 feet Right of Engineers Stepan 518'46..84: Thence N 21° 19" 31°W, 4.28 feet to a point opposite and 70.75 feet Right of Engineers Station 512+48.74; Thence S 01 ° 1204" E, 8g.5lr feet toe pant opposite and 71.47 feet Right of Engineers Station 517+57.15; Thence N 88° 45' 56" E 5.00 feet to a pain opposite and 76.47 feet Right of Engineers Station 517+57.19; Thence 021° 13' 03" E, 50.0E fee. to a pant opposite and 79.88 feet Right of Engineers Station 517+06.34; Thence S 88° 4B' 58" th a distance of 225.00 feet to the P2865 05 BEGINNING; whence the paint of nemerenoemerrt bears S 03° 58' 09` of, a distance of 331.55 feet, The abor.%e described temporary renstrw_,tion easement contains 5.575 cc. fi +,0.122 acres) more mean. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of P1tP45'13"W from CPARN pant 'CDOT MILE POST 270.44" (a surrey disc on elurenum rod) Section 32, Township 8 Norh., Range 6£ West. Sixth P.M1., and CttARN point'StORA' (a survey disc set in concrete) Section 31. Township 7 North.. Range 55 West, Sixth P.M., as ot'teend torn Global Positioning SyntaefGPS) surrey based on the Colorado High Accuracy tlaceerk (CiHA.R'P The Basis of Bearings was prodded by Weld County for use on this project. DES laid verified the provided canted and aliquot rnronurren cdnn, and set local cancel Paced on said provided data. The Basis of bearings shown here came dir?ntt from prryrided Weld Courttp dare. 2mme'1 G. 7 -eaten 0' _ti. hater For me or ester 1a Homes Enpess 6 56 C D Greer erne Raze, trite 1 ZS'tt Greenecse ttiage, CD 87 111 TEMPORARY CONSTRUCTICN EASEMENT HUNGENBECt2 RD FARMS LLLP WELD COUNTY. COLORADO • ,.y i 2,y 47 enal2t2? +1 33664 33654 , - \_1I WELD COUNTY DEPAR :';tEt"- OF PUBLIC WOfih,5 1VCR 66 a 41 4TERSECTKA PROJE CT enen'e neat tack I" -ire 0. teormor 4769033 Pages: 16 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Kopper, Clerk and Recorder, held County CO 1III FiSk WBIBi lI'BiBIYr II 111 ace I £reel Z or Page 16 of 26 EXHIBIT C TEMPORARY EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL TCE-8A 4769033 Pages: 17 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill NP11N'1!hI1 11 iii Page 17 of 26 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg Rd Farms, LLLP, a limited liability limited partnership, (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. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4769033 Pages: 18 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill NUF1111VA h'4 'I�h1 Gti AIM 1' pg NI', N0 JA 1I vi Page 18 of 26 GRANTOR: Hungenberg Rd Farms, LLLP, a limited liability limited partnership Title: STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by as for Hungenberg Rd Farms, LLLP, a limited liability limited partnership. Witness my hand and official seal. Notary Public 4769033 Pages: 19 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill 1101L'r� �'In 'n 1i' ihd'� I'dt Pi a IV%, l�JS !1 III Page 19 of 26 EXHIBIT Fill* K.1 : ,,, A temporary construction easement. No TCE-BA, Weld County project No. GR 45 containing 5,5(6 sq.. R i0.129 acres), more or less, being a potion of land described in a deed, recorded on December 26, 2012 at Reception Number 3891 in the office of the Weld County. Recorder, located the West half of the Southwest quarter of Section 21. Township S North, Range 65 West.. of the 6h Principal Meridian. in Weld County. Colorado, said temporary oonstuction easement: being more particularly desribed as follows: COMMENCING at the corner common to Sectiions 2D. 21.2E arid 29. Township 06 North. Range 65 'Nest, of the eth Principal Meridian. thence N D 1 ° 13' C.4' W. along the Wes line of said West half of the Sonhwiest quarter, a distance of 330.49 feet, thence N 88 4'T 58' E, perpendicular to said u'i'•est line, a distance of 30.00 feet to he East line of a 60 fee: wide right of Way line of Weld County Road 41, and also being opposite and 51.87 feet Right of Engineer's Station 517+06.99 and he POINT OF BEGINNING: Thence N 01' 1X04' W. along said East right of way line, a distance of 145,52 fee: to a point: opposite and 53.20 that Right of Engineers Station F.18+52.5'; Thence N 08' 40' 213' E, 97.P0 that to a point opposite and 80.56 feet tight of Engineers Stator 519+49.93: Thence 381' 19` 31" E. 25.30 fee: to a point opposite and 91.29 feet Right of Engineers Station 519+48.26; Thence S 08° 40' 29" W, 100. DC feer Sc a point apposite and 74.87 feet Right of Engineers Station 518+46.44: Thence N 81' 19' 31' be, 4.28 feet to a point opposite and 70.75 feet Right of Engineers Station 518+46.74; Thence 6d1° 13' 04" E. 89.59 feet to a point opposite and 71.47 fee. Right of Engineers Station 517+57.15; Thence N 884 46' 56' E, 5.00 feet to a pant opposite and 76.47 feet Right tilt Engineers Station 517+57.19; Thence 601' 1803" E. 50.00 feet to a point opposite and 76.88 foe: Right as Engineers Station 517+06.34; Thence S 88° 46' 56" W a distance of 25.OC fear to the POINT OF BEGINNING: whence the point of conrrrencemeot bears S 03' 5S" 09' W. a distance of 331.85 *e"et. The above described temporary cunstorthnn easement contains 2,520 sq_ it 12.128 acres) more or less_ BASIS OF BEARINGS: Bearings used in the calculation be coordinates are based on a grid bearing of N10'42'13'bb Corn CHARN point 'COOT MILE POST 272.44"'Ia sunoey disc on aluminum rod) Section 32. Township 2 Ncrh, Range 65 West. S+xth P.M., and CHARM pant "dOP.A' 'le surrey disc net in concrete) Section 31, Township 7 Norte. Range dd West, Sixth P.M., as obtained from Clebal Pncrroning Sys;em;CSP5) surrey based on the Colorado Tgh Accuracy Network ))CRARN) The Basis of Bearings was praoided by Weld Canute for use on :his project. DEA field oerified he provided control and aliquot ncnnumenreron, and set local control based no said provded data. The Basis of bearings shown here came direndy from provided Weld Couny data.. 4thT For am or meet ` q��. w 6�8J202' ofwit Hors Engneera 33654 ' s 56M 3e?reenO Praia, Sulte 1251V ar i , Gtna7MDo allage. Co 80111 7. \ TEMPORARY CONSTRUCTION EASEMENT HUNGEtrMERG RD FARM'S LLLP 'MELD COUNTY. COLORADO 1-d WELD COUNTY DEPARTMENT CO PUBLIC WORKS 1%CR tdf,41 41 I ththth ECTU]M PROJECT Proeci cc nears `•t 1+00 l+'a ]`: vflr 4769033 Pages: 20 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly dunces. Clerk and Recorder. Weld County CO 1111 kFoll'�%Ki ' MY 4' 1 IA11 f 1AU li l 11 I1I OGG Inert _ '_ Page 20 of 26 EXHIBIT D TEMPORARY EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL TCE-8B 4769033 Pages: 21 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Mk''l' 11111 Page 21 of 26 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg Rd Farms, LLLP, a limited liability limited partnership, (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: 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. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4769033 Pages: 22 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO liii Nr '14 irii14rfr �U�JGh�L'��' i iI 11111 Page 22 of 26 GRANTOR: Hungenberg Rd Farms, LLLP, a limited liability limited partnership By: Title: STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by as for Hungenberg Rd Farms, LLLP, a limited liability limited partnership. Witness my hand and official seal. Notary Public 4769033 Pages: 23 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII I rjR'I IYM r' i'J' 11111 Page 23 of 26 EXHIBIT NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MCNI.YE'lELAND SURVEY CR LAND �E� PLAT IT IS INTENDED TO ILLU_T--TE THE =TT HE PROPERTY DESCRIF11;. -L 1 • 0` `#J, 33654 ; tr Pt HUNGENBERG RD FARMS LLLPPARC.#080321000046 080321000046 ® RECP.# 3898644 B& o„ � S DEED, 12-26-2012 r.4..n,3.`.'--,r»n is W1/2 of the SW1/4 .. ♦r ■■..r rm, EXCEPT REC# 1933611 & 1935852 SWI/4 5.21. TOWN, R65W l4wr / v sTA: v+2 111 OFF: 72.Si'L 7CE-8B = 8,308 S.F.f z ^2333 Aim se&OSIIW 5',3 yyyp fyB014 tits32i 867-56 ` 84Q4' ;. W {lo pest.) \ .9T eiF�►�—!ro�*0Dacr� �� OFF: a2:6Qt •au. ,.. --+➢«6j"A`— �"— __ Aare_ L�r .� }�.. w.. •IG►-- 58T'14'3S'E tStam 33'00 Inw __ xy 256117 � 1 r -loom -- W.C.R. 41 t - P.O.C. ST.4 12s+4.GS � ».-_ ,�_ `ror ___ 5*COR. OFF: T1 �-3'L SEC. 21 P.0.5. TCE FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) y TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY. COLORADO NW1/4 S.28, TOWN, R65W = .r 4769033 Pages: 24 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO Vin rr�I 'm 'l'hit i' M M I II I WELD COUNTY DEPkRTMEN' OF PUBLIC WCORY::S _ 1VCR 56 & 41 `, =F ECT1ON PROJEC Fr�isf v_, GF -c :zl -_ tw. D571 c402t IDrmin or coo I s,e-_: I if Page 24 of 26 EXHIBIT NOTE: THIS EXHIBIT MAP DCES NOT REPRESENT A NONUMENTED LANG SURVEY CR LAND SURVEY PLAT IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Sc? 5(2!12021 a'+ 33654 1 HUNGENBERG RD FARMS LLLP PARC.#080321000046 RECP. # 3898644 ,-tSt ,.� WO B&S DEED, 12-26-2012 j"'"'fl.""` W1/2 of the SW 1/4 �r�w u urr EXCEPT REC. 1933611 & 1935852 Sw1/4 5.21, TO6N. R65W STAG 1Z-+ 13:5F .c�L 7n,y� T.4 1Zi+adL1 rJ— 8.33w S F t 2—��_ssa•3su� Se6"d3'IZ•W . .NSflr24v 15O.3E' 657-66' EOa4' ygp.i+,Wiry' 00 P.A� 1 124 p.T CT& '_&+4 14' .- CFZ --'1-- _ II0AM +101Y —r SOCG]rr l Irtit!., —1� 1 �. 1±58Jo� 9 5E w �3t.pp tj�- sw.....rte , 7665.7? � �I P.O.C. "" -�- sw. COR. �' SEC.21 FOUND 2-1/2" ALUMINU6t CAP (ILLEGIBLE) 1O7 2cc TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY. COLORADO NW1/4 5.28• TO6N. R65W ;1 4769033 Pages: 25 of 26 10/25/2021 11:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 1III I II1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS %VCR66&41 INTERSECTION PFa1.IECT =r.1 3R45 9CIS r' m ti. 35 1 v=1 COO I Sleet Id 7 Page 25 of 26 EXHIBIT DESCRIPTION A temporary consuuaion easement, No. TCE-88, Weld County Project No. GR 45 containing 8.308 sq R (0.1S1 acres), more or less. being a portion of land described in a deed, recorded on December 26. 2012 at Reception Number 3898644 in the of c of the Weld bounty Recorder. located the West half of the Southwest quarter of Section 21, Township a North, Range g5 West, of the 6 Principal Meridian. in Weid County, Colorado, said temporary construction easement being more partcaularty described as follows: COMMENCING at the corner common to Sections 20, 21.28 and 29. Township Ge North, Range BE West of the Principal Merdian, thence S 87' 11Y 35' E, along the South line of said West half of the Southwest quarter, a distance of 651.76 feet, thence N 02' 4025" E, perp?rTeular to said South line, a distance of 87.23 feet and also being opposite and 71.23 feet Loft of Engineer's Sfadon 126-44.33 and the POINT OF BEGINNING: Thence N D3' 12" 13' W. a di5anoe of dd.41 feet to a point opposite and ' 3e.60 feet Left of Engineees Station 125+34.13: Thence S 78' 58' 32' E, a distance of 79.84 feet to a pant opposite and 129-03 feet Left of Engineers Station 127+13.58; Thence S 58' 33' 43" P. a distance of 150.38 feet to a pant opposite and 6260 feet Let of Engineer's Station 128+44.14; Thence N 82" 14' CS' W. a distance of 124.97 feet to a point opposite and 7253 feet Loft of =_ngineer's Station 127+24.06; Thence N 4033' 24' W, a distance of 80.04 feet lathe POINT OF BEGINNING; whenro the point of cornmence000t bears S 85` 03' t2- ON, a distance of 557.58 feet. The above described temporary ornstrunr/on easement contains 8.885 sq. ft G0.191 acres;) more or iess. BASIS OF BCAR5rIGS; Bearings used in the calculation of coordinates are based on a grid bearing of N10'45'13"W from CHARM point 'TROT MILE POST 27.0.44" (a surrey disc on alurrinuro rod) Section 32. Township 6 North. Range e5 'Nest, Sixth P.M., and CHARN polof 2-IORA" (a surrey disc set in concrete;) Section 31. Township 7 North., Range 6E 'Nest. Sixth P.M., as obtained from Global Positioning Systerrr{GPS} survey based on the Colorado'High Accuracy Seteerk i T LTRf7i The Basis ar Bearings was fronded 4y WON County for use on this project. DEA field verified the provided ocr:rol arc aliquot moneroona3on, and set local contrd based on said provided data. The Basis of bearings surer heore came direly from prxmded 'Nerd County data. Corey G. Guerrero n G. 336E4 For and on oWaf if en Engneeei SOD Gre rwood Plaza, 0,10 NOV Oeesmaa Tltiga Co 0011 TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS O0466841 IfO Cn;NECT100 abet d71 rerriW n.. tar nun I:n - _ _ _ _ I` er : 4769033 Pages: 26 of 26 10/25/2021 11:33 AM R Fee:$0.00 Carly Kopper. Clerk and Recorder, Weld County CO 1111 fR7 KI 4:Ig'p1'H BI1 Nei%n hlJ*KJ i,I II1 Page 26 of 26 New Contract Request I Entity Information Entity Name* Entity ID* HUNGENBERT RD FARMS LLLP @00044640 Contract Name* Contract ID PURCHASE AND SALES AGREEMENT FOR HUNGENBERG RD 5322 FARMS Contract Lead Contract Status CKtMMI CTB REVIEW Contract Lead Email ❑ New Entity? Parent Contract ID Requires Board Approval YES Department Project # GR A CKimmi@co weld co us Contract Description* PURCHASE AND SALES AGREEMENT FOR THE ACQUISITION OF ROW, TEMPORARY CONSTRUCTION EASEMENTS, AND PERMANENT EASEMENTS ON THE HUNGENBERG RD FARMS PROPERTY ON THE CR 66 AND CR 41 PROJECT Contract Description 2 Contract Type * Department AGREEMENT PUBLIC WORKS Amount* Department Email $220,000 00 CM- PubhcWorks@weldgov corn Renewable4 NO Department Head Email CM-PublicWorks- Automatic Renewal DeptHead@weldgov corn NO County Attorney Grant BOB CHOATE I NO County Attorney Email IGA BCHOATE@CO WELD CO US NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 10/16/2021 10/20/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO 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 k -- - - - - -- -- -- -- -- -- - - - -- - - Renewal Date 10/14/2021 Termination Notice Period Committed Delivery Date Expiration Date I - -- - - -- --- 12131/2023 ----- - ----- - - -- --- - Contact Information _ Contact Info Contact Name Contact Type Contact Email Contact Phone 7 Contact Phone 2 Purchasing Purchasing Approver I Purchasing Approved Date � Approval Process Department Head Finance Approver Legal Counsel 1 JAY MCDONALD BARB CONNOLLY BOB CHOATE DH Approved Date Finance Approved Date Legal Counsel Approved Date 10118/2021 10/18/2021 10/18/2021 Final Approval BOCC Approved t Tyler Ref # i AG 02021 BOCC Signed Date I � BOCC Agenda Date 10/20/2021 Originator CKIMMI MEMORANDUM TO: Clerk and Recorder DATE: March 29, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Deed of Dedication for Hungenberg BOH Farms, RW-5B On November 10, 2021, the BOCC accepted the Deed of Dedication (Deed) for the ROW parcel identified as RW-5B. The Deed was obtained as part of the ROW acquisition process for the CR 66 and CR 41 intersection project. The Exhibits included with the deed describe a parcel of land located on the Hungenberg BOH Farms parcel. The Purchase and Sales Agreement (Agreement) for the Hungenberg BOH property was signed by the BOCC on October 20, 2021. The Agreement identifies RW-5B as one of the ROW parcels being acquired for the project. All of the signed documents associated with the Agreement were returned to the County and submitted by Public Works to the BOCC for acceptance. It appears that the Deed inadvertently listed Hungenberg RD Farms as the Grantor. The actual Grantor should have been Hungenberg BOH Farms. Because the Deed showed Hungenberg RD Farms as the Grantor, the Deed was saved in the BOCC records under 2021-2970 instead of 2021-2969. A review of the Deed in March 2022 found that the Deed listed the wrong Grantor. The corrected Deed needs to be accepted by the BOCC and filed in the BOCC records under 2021-2969. A copy of this memo should also be included the file for 2021-2970 so that future users can understand why the Deed was revised. After the BOCC signs the Deed, it will need to be re-recorded by the Weld County Clerk and Recorder. The new Deed should supersede Reception Number 4778003. If you have any questions, please feel free to contact me at ckimmi@weldgov.com. `/Doe, - R .2/- 29?o at Page I of I M:\ —Active Prgjects\WCR 66 and WCR 41 Intersection\Design\ROW\Hungenberg\RW-5B Hungenberg BOH Fanns Memo to CTB 3-29-22.docx oZo�i..o297� Chloe Rempel From: Clayton Kimmi Sent: Friday, November 5, 2021 7:02 AM To: CTB Cc: Clayton Kimmi Subject: Deed of Dedication Addition to File 2021-2%9 o`79i4 Attachments: RW-5B Deed of Dedication Packet.pdf; RW-5A Deed of Dedication Packet.pdf; RW-5 Deed of Dedication Packet.pdf Esther, 01'70 Attached are the deeds of dedication that need to be added to file 2021-2969. The Board needs to sign them and they need to be recorded. Please send be a copy of the recorded versions when you received them. Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 0: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Oons-en4 A 3,end..a, lk/to/aII am: lll�o�.0 lz�o�/2i QOOt-09'70 EGOO-79 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY +h THIS DEED, made this 10 day of jveb, 2021, between Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership (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 1 150 "O" Street, Greeley, Colorado 8063 1: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(l)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ACCEPTANCE limited liability limited partnership me thisday of 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2011.' JANUARY The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(l)(a). Dated this 10th day of _November 2021, ATTEST: Weld ou By'-... epu *No Dee pr BOARD OF COUNTY COMMISSIONERS Clerk to the Bo rd WELD UNTY, COLORADO 7 le to th oar 4 . o—Te oard of County Commissioners of Dedication is County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4778003 Pages: 1 of 4 11/19/2021 Koppes, 12:17 PM R Frder, e0 70 Carly Koppes, Clerk and Recorder, Weld County CO milli riI =r 'L Ii��YIMISINAilti�I �i'I� 1 114 11 111 EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SSSE1/4 S.20, T06N,, R65W M p It rr L ! 4.OO� h1 M O. LL J N0pU r W o0#per OO(J)r..l OQ U W m w < m 01- 00 N02°25'02"W 128.29' S: 116+64.44` TTAOFF: 1627'R� 116+L0 116+00 • ROWS ROW -._. OW '-- ROW-.... -- - W.C.R. 66 — .... ROW—_.. Row Section Line ROW-._ �— ROW RO"•�.. ROW-_ an.....,_. / N85°36'35"W 5.72' FEET RIGHT OF WAY ACQUISITION LOT B RE -818 STA: 116+49.97' OF) F: 111,21'L N89°36'05"E 6.73' ST r : 116+a6 6q' OFF. 11173'L RSV -5B R 797 S.F.± LOTA RE -818 STA: 116+70 1 rn OFF: 16.30'R t7tp P.O,B. RW-56 111 RI N85a36'35 W ROW---- ROW___....... 1299.55.` ROWS- RW-5B HUNGENBERG BOH FARMS LLLP I 6 t3 7, p - l } NI ,�44 L4 (I O z WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 SW1 /4, SW1 /4 S.21, T06N, 0 o 0 R65W � N I J N p C O 3 p h � M E. LINE SE1/4, 5.20, T06N, oI 8 R65W WEW COUNTY ROAD I 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N_.. EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 , 119+00 12 ROWS -..._ROW-ROW- j1j 7S82'06'"002"E] S. LINE SE1/4, SE1/4 S.20, 326.73' o T06N, R65W (to P.O.C.) EXISTING 60' 0 RIGHT-OF-WAY RD-BK 1, PG 258 m APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 121+00 Row ROW ---- j-- ROW--- ROW --- WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roiect No: GR 45 Scale: 1=100' 4778003 Pages: 2 of 4 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 ! 'kII 111111 07/14/2021 brawn by: CGG jSheet 1 of 2 EXHIBIT '1$ 021 + 3 54 CALL UTILITY NOTIFICATION CENTER OF COLORADO _____ T CALL 2 -BUSINESS DAYS IN ADVANCE I U p BEFORE YOU DIG, GRADE, OR EXCAVATE p ` O FOR THE MARKING OF UNDERGROUND Gf MEMBER UTILITIES F SE1/4, SE1/4 WELD COUNTY ,ROAD 66 & WELD COUNTY S.20, T06N, p A ROAD 41 IN TX. PLAN R65W LOT B $ ° CENTERLINE M Co it RE -818 0 0 ii o o SW1 /4, SW1 /4 Lf) S.21, TO6N, N 0 R65W ONN NN O M • ry r-4 U ii M W LLI A �' OMwoC n O 0 Z E. LINE SE1 /4, ri U STA. 116+49.97 S.20, T06N, V w OFP, 111.21'L s R65W N8936'05"E 6,73' EXISTING 60' C fA: 116+56 69' RIGHT—OF—WAY 0 HOFF 111 73°L I ¶RI T- 1, PG Vt U 0 Rf-5B = WELD COUNTY APRIL 6, - 1874 J 258 797 S.F.± 66 & WELD COUNTY a A w NO2°25'LOT A ROAD 41 INTX. PLAN 28.29 CENTERLINE C) RE -818 P.O.C. STA: 116+64.44' EXISTING 40'. NE. COR. i FF 1627' 5_ A: 116+70.15' RIGHT -OF -WAS? SEC.29 914+00 115+00 N OFF: 16.30'R RD-BK 2 P77II FOUND 2-1/2" __ 116+00 P.O.g. RW-5B JULY 7, 187'8 ALUMINUM CAP R° "' NO 17+00 � �8+0 W.C.R. 66 RO," Ro'"' — 119+00 (ILLIGIBLE) Rower_ I� 120+0 121+00 RSWY C7. ROW-.......- Section Line Ng . 36' ROW— ROW- �+ RO RO W ROW ROB" ROJ.'-- ROW ROW�� N85°36'35"W° 5.72' S. LINE SE1/4, S82°06'02"E� ROW- ROW- 100 200 SE1/4 5.20, 326.73' FEET T06N, R65W (to P.O.C.) WELD COUNTY DEPARTMENT RIGHT OF WAY OF PUBLIC WORKS ACQUISITION ' WCR66&41 RW 5B INTERSECTION PROJECT HUNGENBERG BOH FARMS LLLP I jProject No: GR 45 Scale: 1"=100' 4778003 Pages: 3 of 411/19/2021 12:17 PM R Fee : $0.00 ate: 07/14/2021 Drawn by: COG Sheet 1 of 2 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 KI II�� ''RA RJ�C�I iL' itiY4Hlti 11111 EXHIBIT DESCRIPTION A parcel of land, No. RW-5B, Weld County Project No. GR 45 containing 797 sq. ft. (0.018 acres), more or less, being a portion of land described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B of described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22, 1986 at Reception Number 2040100, in said office of the Weld County Recorder, being in the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 326.12 feet, thence N 04° 23' 25" E, perpendicular to said South Line, a distance of 20.00 feet to the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said South line and also being on the west line of Lot A of said Correction Plat, being opposite and 16.30 feet Right of Engineer's Station 116+70.15 and being the POINT OF BEGINNING; Thence N 85° 36' 35" W, along said North right of way line, a distance of 5.72 feet to the East line of a parcel of land described in said Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder, also being opposite and 16.27 feet Right of Engineer's Station 116+64.44; Thence N 02° 25' 02" W, along said East line, a distance of 128.29 feet to a point opposite and 111.21 feet Left of Engineer's Station 116+49.97; Thence N 89° 36' 05" E, departing said East line, a distance of 6.73 feet to a point on said West line of Lot A, said point being opposite and 111.73 feet Left of Engineer's Station 116+56.69; Thence S 01° 56' 58" E, a distance of 128.74 feet to the POINT OF BEGINNING; whence the point of commencement bears S 82° 06' 02" E, a distance of 326.73 feet. The above described parcel contains 797 sq. ft. (0.018 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-5B HUNGENBERG BOH FARMS LLLP I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT roject No: GR 45 Scale: 1"=100' 4778003 Pages: 4 of 4 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill I F.�IW7 �'Vi'MI�� I1 �J� Sri' FWAKI ��iI 11111 07/14/2021 [Drawn by: CGG ISheet 2 of 2 Chloe Rempel From: Clayton Kimmi Sent: Friday, November 5, 2021 7:06 AM To: CTB Cc: Clayton Kimmi Subject: Temporary Construction Easement Additions to File 2021-2970 Attachments: TCE-8B Packet.pdf; TCE-8A Packet.pdf Esther, O9 -1O Attached are two temporary construction easements that need to be added to file 2021-29f. The Board does not need to sign them and they do not need to be recorded. Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 0--onsen+ A (IfIO/ Goal-�G-7O FCC©0-79 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg Rd Farms, LLLP, a limited liability limited partnership, (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. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: STATE OF COLORADO ) ss. COUNTY OF WELD ) 'he foregoing instrument was acknowled =ed before me thisc day of vtnt.ber , 2021, by as Y for Hungenberg Rd Farms, LLLP, a limited liability limited artne s, ip. Witness my hand and official seal. otary Public KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 EXHIBIT 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. HUNGENBERG RD FARMS LLLP CALL UTILITY NOTIFICATION PARC. #080321000046 CENTER OF COLORADO RECP.# 3898644 CALL 2 -BUSINESS DAYS IN ADVANCE B&S DEED, 12-26-2012 BEFORE YOU DIG. GRADE .DUNW 1/2 of the SW 1/4 FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXCEPT REC# 1933611 & 1935852 A: L S I A: 127+13 58' OFF: 129 03'L SW1/4 S.21, T06N, R65W ?� 7$.84.s / STA / OFF�72�53'L 127+24 06' r TCE-8B = z S58°33'43"E $65°p3'12"W N853324"W 150.38' N80° 657.56' 80.04' 74'08"w (to P,.O.C.) 12497 STA: 128+49.14' 126+pp +wu t= Rp 27+00 1 7 gFF vt.6u'L mow Rom 128+pp owe Row- °m.RO Section Line Line7ROW ROW---- ROW ({ ROW--- ROW ROW__ 1STA: 1' ROW- ROWS._. ROW--P.O.C. E. LINE SE1/4, SW. COR. OFF: 71.23'L S.20, T06N, SEC. 21 P.O BTCE-86 R65W FOUND 2-1/2" NW1/4 ALUMINUM CAP 5.28, (ILLEGIBLE) T06N, R65W 0 100 200 FEET WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX, PLAN CENTERLINE - ROW- RO"' ROWS 131+00 Ron' 132+00 S87°19'35"E I W.C.R. 41--'_- 1332.54' Ru•ROW-_ ROW - EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 WELD COUNTY DEPARTMENT TEMPORARY CONSTRUCTION I1 OF PUBLIC WORKS EASEMENT TCE-8B WCR 66 & 41 INTERSECTION PROJECT HUNGENBERG RD FARMS LLLP co u N ¶: rojectNo: GR4s Scale:1°_100' WELD COUNTY, COLORADO 08/17/2021 IDrawn by: CGG (Sheet 1 of 2 EXHIBIT 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. 1812021 11s HTJNGENBERG RD FARMS LLLP CALL UTILITY NOTIFICATION CENTER OF COLORADO PA RC . # 0 80 3 210 0 0 04 6 RECP.# 3898644 CALL 2 -BUSINESS DAYS IN ADVANCE B&S DEED, 12-26-2012 BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND W 1/2 of the SW 1/4 MEMBER UTILITIES EXCEPT REC# 1933611 & 1935852 SW1/4 S.21, T06N, R65W A: 1 79.84, STA 127-f24' io_ Cr? -.- .. c — TCE-8B = (° 8,308 S.F.± z S58°33'43"E S85°03'12"W N85°33'24M_W 150.38' 657.56' 80.04' N80°1408 -W (to P,.O.C,) 124,97 STA: 128+49,14' 6+00 —f==RIfr ao r+pp OFF. 62.60'L R(M 128+00 ow_ ROW- — onW_ 129+00 RO:Y Section Line ROW- ROB^, ROW---.—R0:^y— RA Rower ROW—_ -P.O.C. S T A 126-4 :.G3` ROiN ROW- E. LINE SE1/4, SW. COR. 10FF 71 23'L S.20, TO6N, SEC.21 _ 0 _ TCE•8B R65W FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 0 100 200 • FEET TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY, COLORADO NW1/4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE — ROW—. ROW— ROW—.... 131+00 ROW--_ - � X132+00 S87°19'35"E W.C.R. 41 W +---- 1332 547: -- KUW_- . IIUV,- ROWS_ ROW-.-._ EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 WELD COUNTY DEPARTMENT OF PUBLIC WORKS FoL WCR66&41 INTERSECTION PROJECT roject No: GR 45Scale: 1=100' EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-8B, Weld County Project No. GR 45 containing 8,308 sq. ft. (0.191 acres), more or less, being a portion of land described in a deed, recorded on December 26, 2012 at Reception Number 3898644 in the office of the Weld County Recorder, located the West half of the Southwest quarter of Section 21, Township 6 North, Range 65 West, of the 6t Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 87° 19' 35" E, along the South line of said West half of the Southwest quarter, a distance of 651.76 feet, thence N 02° 40' 25" E, perpendicular to said South line, a distance of 87.20 feet and also being opposite and 71.23 feet Left of Engineer's Station 126+44.03 and the POINT OF BEGINNING; Thence N 03° 12' 13" W, a distance of 66.41 feet to a point opposite and 136.90 feet Left of Engineer's Station 126+34.13; Thence S 78° 58' 32" E, a distance of 79.84 feet to a point opposite and 129.03 feet Left of Engineer's Station 127+13.58; Thence S 58° 3343" E, a distance of 150.38 feet to a point opposite and 62.60 feet Left of Engineer's Station 128+49.14; Thence N 80° 14' 08" W, a distance of 124.97 feet to a point opposite and 72.53 feet Left of Engineer's Station 127+24.06; Thence N 85° 33' 24" W, a distance of 80.04 feet to the POINT OF BEGINNING; whence the point of commencement bears S 85° 03' 12" W, a distance of 657.56 feet, The above described temporary construction easement contains 8,308 sq. ft. (0.191 acres) more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TC HUNGENBERG RD FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS IL WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1=100' 08/17/2021 (Drawn by: CGG ISheet 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg Rd Farms, LLLP, a limited liability limited partnership, (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. 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. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 02 o2f -a97o GRANTOR: Hungenberg Rd Farms, LLLP, a limited 1iah hnitcd partnership Title: .R STATE OF COLORADO ) ss. COUNTY OF WELD ) he foregoing instrument wa acknowle ed before me thist j day of # t� , 2021, by as r71 A ns r for Hungenberg Rd Farms, LLLP, a limited liability limite&partners1ip. Witness my hand and official seal. Notary Public KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 EXHIBIT Ifs( j HUNGENBERG RD CALL UTILITY NOTIFICATION CENTER OF COLORADO FARMS LLLP c «; W. LINE SW1/4, 5.21, COR U GDA PARC. #080321000046 YOU DIG. BEFORE GRADE E OR EXCAVATE TO6N, R65W FOR THE MARKING OF UNDERGROUND DERGROUND MEMBER-LfTMLiFtBS" M RECP.# 3898644 WELD COUNTY ROAD_- O p1 p B&S DEED, 12-26-2012 66 & WELD COUNTY IN ROAD 41 INTX. PLAN S Q! W1/2 of the SW 1/4 CENTERLINE _± o o EXCEPT REC# 1933611 & 1935852 z STA: 519+49.93'1 tOFF: 66.56'R EXISTING 60' RIGHT-OF-WAY o/ S81°19'31"E RD-BK 1, PG 258 0 2500 APRIL 6, 1874 N I S A 519+46 26' 1OFF SE1 /4 N08°40'29"E 1/4 1 / 2 ° S08°40'29"W 97.60' 1 100.00' T06N, R65W TCE-8A = SW1 /4 0 5,576 S.F.± S.21, T06N, R65W STA. 518+52.51' N81°19'31"W 19'31 "W 4.28' �...-STA: 518+46 04 (OFF. 74 97'R A: 518+46,74' 11 S01 ° 13'04 E� OF : 70:75 R I _ 89.59 NOTE: THIS EXHIBIT MAP DOES NOT 0 REPRESENT A MONUMENTED LAND N88°46'56"E SURVEY OR LAND SURVEY PLAT. IT IS N01°13'04W 5.00' INTENDED TO ILLUSTRATE THE ATTACHED 145.52' ( ST;,' _ 5 s7+57.1 i' PROPERTY DESCRIPTION ONLY. OFF: 71.47R LP1STA: 517+06 99' OFF 51 8R O B TCE-E-8A 0 O LID 0 100 200 FEET TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY, COLORADO S01 ° 13'03"E 50.00' •0 ` STA: 17+06 34' OFF. 76,86'R S88°46'56"W e, 25.00' f � r+ I ',h 3 ' U 5' o S03°58'09"W 331.85' (to P.O.C.) O.C. % n J t r" NE. COR. * SEC.29 FOUND 2-1/2" 41 LL ALUMINUM CAP (ILLEGIBLE) WELD COUNTY DEPARTMENT 186 OF PUBLIC WORKS WCR 66 & 41 A INTERSECTION PROJECT roiect No: GR 45 Scale: 1=100' 08/17/2021 EDrawn by: CGG ISheet 1 of 2 EXHIBIT 4 I - � HUNGENBERG RD CALL UTILITY NOTIFICATION CENTER OF COLORADO p 5O A /�� LLLP Fl \LRMS I ., W. LINE SW1 /4, CALL 2 IMAOVANCEI ` ` S.21, PARC.#080321000046 -BUSINESS CATS GEFORS YOU DIG, GRADE. OR EXCAVATE T06N, R65W FOR THE MARKI FOR THE MARKING OF UNDERGROUND UNDER MEMBER UTILITIES (+I RECP # 3898644 � AO WELD COUNTY ROAD B&S DEED, 12-26-2012 66 & WELD COUNTY N ROAD 41 PLAN CENTERLINN `o �= �� W1/2 of the SW 1/4 I EXCEPT REC# 1933611 & 1935852 z o R STA: 5l9+4993 CAF'= 66 56'RJ EXISTING 60' S81°19'31"E RIGHT—OF—WAY RD—BK 1, PG 258 _ o 25 00 APRIL 6, 1874! / /f' N08°40'29"E 0 0 S08°40'29"W 97.60' 1 100.00' TCE-8A = 5,576 S.F.± _,., ...; SE1/4 STA: 518+552.51'1-. N81°1931W 5.20, OFF 50.70'R "� 4.28' T06N, R65W l STA: 518+46.04' .OFF: 74.97'R STA. 5 �+r,.674P-11 S01 ° 13'04"E OFF 70.75'R 89.59' N88°46'56"E N01'13'04"W 5.00' 145.52' m I I _•(A TF {OFF. 76 47'R STA: 517+57 15' 13'03E S01°13'03E OFF: 71.47'R a 50.00' STA: 517+06, 34' OFF 76,86R STA: ` - o 517+06 99 S88°46'56"W OFP 51.87'R 25.00' F) S. TOt 8A u S03°58'09"W • 331.85' s I (to P.O.C.) O.C. NE. COR. SEC.29 o FOUND 2-1/2" ALUMINUM CAP 0 100 200 (ILLEGIBLE) FEET TEMPORARY CONSTRUCTION EASEMENT,. HUNGENBERG RD FARMS LLLP WELD COUNTY, COLORADO SW1/4 S.21, T06N, R65W 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 66 & 41 INTERSECTION PROJECT No: OR 45 Scale: 1"=100' EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-8A, Weld County Project No. GR 45 containing 5,576 sq. ft. (0.128 acres), more or less, being a portion of land described in a deed, recorded on December 26, 2012 at Reception Number 3898644 in the office of the Weld County Recorder, located the West half of the Southwest quarter of Section 21, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 010 13' 04" W, along the West line of said West half of the Southwest quarter, a distance of 330.49 feet, thence N 88° 46' 56" E, perpendicular to said West line, a distance of 30.00 feet to the East right of way for Weld County Road 41 as described in Road Book 1, Page 258, being 60 feet in width, 30 feet on both sides of said west line, also being opposite and 51.87 feet Right of Engineer's Station 517+06.99 and the POINT OF BEGINNING; Thence N 010 13' 04" W, along said East right of way line, a distance of 145.52 feet to a point opposite and 50.70 feet Right of Engineer's Station 518+52.51; Thence N 08° 40' 29" E, a distance of 97.60 feet to a point opposite and 66.56 feet Right of Engineer's Station 519+49.93; Thence S 81° 19' 31" E, a distance of 25.00 feet to a point opposite and 91.29 feet Right of Engineer's Station 519+46.26; Thence S 08° 40' 29" W, a distance of 100.00 feet to a point opposite and 74.97 feet Right of Engineer's Station 518+46.04; Thence N 810 19' 31" W, a distance of 4.28 feet to a point opposite and 70.75 feet Right of Engineer's Station 518+46.74; Thence S 010 13' 04" E, a distance of 89.59 feet to a point opposite and 71.47 feet Right of Engineer's Station 517+57.15; Thence N 88° 46' 56" E, a distance of 5.00 feet to a point opposite and 76.47 feet Right of Engineer's Station 517+57.19; Thence S 010 13' 03" E, a distance of 50.00 feet to a point opposite and 76.86 feet Right of Engineer's Station 517+06.34; Thence S 88° 46' 56" W a distance of 25.00 feet to the POINT OF BEGINNING; whence the point of commencement bears S 03° 58' 09" W, a distance of 331.85 feet, The above described temporary construction easement contains 5,576 sq. ft. (0.128 acres) more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG RD FARMS LLLP WELD COUNTY. COLORADO Gj z /8.'202' ea+ (0354 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT tf Project No: GR 45 Scale: 1=100' 08/17/2021 (Drawn by: CGG (Sheet 2 of 2 MEMORANDUM TO: Esther Gesick, CTB DATE: November 5, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deeds of Dedication for 2021-2970 Please place the attached Deeds of Dedication for the Hungenberg RD Farms ROW parcel on the consent agenda. The original docket number was 2021-2970. This ROW acquisition is part of the CR 66 and CR 41 project. Page 1 of I M:\ —Active Projects\WCR 66 and WCR 41 lntersection\Design\ROW\Hungenberg\IniaI Offer -)VP rcel\Hungenberg-RD Deed of Dedication Acceptance Memo to CTB.docx Oonsex-)+ t�Irola� 1,2 O1/,ZI &oo�9 Chloe Rempel From: Clayton Kimmi Sent: Friday, November 5, 2021 7:09 AM To: CTB Cc: Clayton Kimmi Subject: Deed of Dedication Addition to File 2021-2970 Attachments: RW-8A Deed of Dedication Packet.pdf; RW-8 Deed of Dedication Packet.pdf; Hungenberg-RD Deed of Dedication Acceptance Memo to CTB.pdf Esther, Attached are the deeds of dedication that need to be added to file 2021-2970. The Board needs to sign them and they need to be recorded. Please send be a copy of the recorded versions when you received them. Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this L day of E, OVem bar , 2021, between Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. Hungenberg Rd Farms,LLLP, a Title STATE OF COLORADO) COUNTY OF WELD he ec re instrun on pWi ess my hand • d o lci; 6ota y Public ACCEPTANCE ) ss, was acknowledged limited liability limited partnership me this______dayof, 2021, by seal. KERRI L. ALLISON NOTARY PUBLIC '-- STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 1 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 10thday of November , 2021. ATTEST: �� Cam• ' Weld, u tylerk to the Bord Deputy No Deed of Dedication is BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO Board of County Commissioners County Commissioners pursuant to C.R.S. 43-2-201(1)(a). EXHIBIT SEE SHEET 2 STA: 523+190i 63.63'R UOFF: ° S00°4018'E 186.22' CALL UTILITY NOT RADON I CENTER OF COLORADO HUNG RD aM I A M O -EN -BERG / CALL 2•BUSINESS DAYS IN ADVANCE C N J V FARMS LLLP BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES o - WELD COUNTY ROAD `^ M PARC.#080321000046 66 & WELD COUNTY �? ST'A o2"+32.85' RECP.# 3898644 ROAD 41 INTX. PLAN o z UFF h6.56°F CENTERLINE B&S DEED, 12-26-2012 >o 0 S00°13'40W 182.92' W1/2 of the SW 1/4 W. LINE SWt/4, EXCEPT REC# 1933611 & 1935852 T06N, R65W 0 R9,0 9A S.F.t STA: 519+49 93' Z OFF: 66.56'R EXISTING 60' S08°40'29"W 97.60' RIGHT-OF-WAY RD-BK 1, PG 258 0 APRIL 6, 1874 STA: 518+52 51' OFF 50 70'R SW1 /4 SE1/4 M P.O.B. RW-8A S.21, SR, T06N, R65W T06N, R65W o $ o ¶I i° rn o a A a rn Ir P.O.C. 0, Out pQ.' g p R. A SEC.29t8tz021 FOUND 2-1/2" 3 4 ALUMINUM CAP' �� LL) (ILLEGIBLE) ✓` , 0 100 200 #,K FEET *4 l A kl WELD COUNTY DEPARTMENT RIGHT OF WAY �"4 ''' OF PUBLIC WORKS ACQUISITION RW-8A WCR 66 & 41 INTERSECTION PROJECT HUNGENBERG RD FARMS LLLP ,r „m Project No: GR45 scale: 1=100' 4778004 Pages: 2 of 6 11/19/2021 12:17 PM R Fee:$0.00 $0.00 ate: 08/17/2021 Drawn by: CGG Sheet 1f 3 Carly Koppes, Clark and Recorder, Weld County CO mill NFANI 1011010,it � r �tu tti 11111 EXHIBIT O F HUNGENBERG RIB CALL IJT1LItY NOTIFICATION FARMS LLLP CENTER OF COLORADO p O II A __ PARC. #080321000046 0 RECP.# 3898644 CALL 2•BUSINESS DAYS IN ADVANCE BEfOREYDIGGRUATDREft'EXCAVATE FOR THE MARKING OF UNDERGROUND I Oi N STA: 529}62.91 ° OFF: 34.84'R B&S DEED, 12-26-2012 C V. o W1/2 of the SW 1/4 v o NM EXCEPT REC# 1933611 & 1935852 z I � I Z StO6°11'40"E 188.50' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN ° STA: 527+75.08' CENTERLINE OFF. 50.61'R 0 W. LINE SW1 /4, l S.21, TO6N, R65W RW-8A = EXISTING 60' 19,019 S.F.± RIGHT-OF-WAY . RD-BK 1, PG 258 A c APRIL 6. 1874 c S02°04'09"E 457.78' 0 SW1/4 SE1/4 o S.21 S.2O, o Z TO6N, R65W TO6N, R65W b0 Li 0 i I i ,,'021 eta°r X654 L f a. r. p SEE SHEET 1 T1'"��4 0 100 ••FEET 200 J* k 1 L N $Ici i WELD COUNTY DEPARTMENT RIGHT OF WAY" .. OF PUBLIC WORKS ACQUISITION RW-8A WCR66&41 INTERSECTION PROJECT HUNGENBERG RD FARMS LLLP If 1{ F °Project No: GR 45 jscale: 1=100' 4778004 Pages: 3 of 6 �`° 11/19/2021 12: 17 PM R Fee : $0.00 ate: 08/17/2021 Drawn by: CGG Sheet 2 of 3 Carly Koppes, Clerk and Recorder, Weld County , CO mill 1 rjInproMr, WWtii 'M�4YNr&�lti' Y4 11111 EXHIBIT _ _ SEE SHEET 2 ¶H:523+10j OFF, c .1'3`R S00°40'18'E 186.22' CALL TER O NOTIFICATION of coLORAoo o ��cENiER HUNG—EN-BERGD o rn Ch CALL 2•aUSINESS DAYS IN ADVANCE N J N FARMS LLLP 9EfORE YOU DIG, GRADE, OR EXCAVATE I C FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES o WELD COUNTY ROAD '^ M PARC.#080321000046 66 WELD COUNTY ° STA: 521+32 85' RECP.# 3898644 ROAD 41 I z DOFF: s6,56'R CENTERLINE B&S DEED, 12-26-2012 m S00°13'40"W 182.92' W1/2 of the SW 1/4 W. UNE SW1/4, EXCEPT REC# 1933611 & 1935852 S.21, T06N, R65W 0 19,019 S.F.t STA 519+4c# 93' Z OFF: 66.56'R EXISTING 60' S08°40'29"W 97.60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 S518+5251 SE1 /4 I j*iO7FF5070'R SW1 /4 5.20, o O 6 R+N-8A 5.21, T06N, R65W 111 106N,R65W A I r. CJ O a I co r- v o ze V 4 t� E, COR. o 9t18r2O121LUMINUM 2-1/2" 3 5LLEGIBLE) CAP ' ; JIFOUND 0 100 200 'AL FEET L RIGHT OF WAY ACQUISITION RW-8A HUNGENBERG RD FARMS LLLP 1 4778004 Pages: 4 of 6 11/19/2021 12:17 PM R Fee:$@.0@ Carly Koppes, Clerk and Recorder, Weld County , CO 1IIIrlI C44�'W.(!MM IW 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roject No: GR 45 Scale: 1=100' 08/17/2021 IDrawn by: CGG (Sheet 1 of 3 EXHIBIT TI O A I I O CALL UTILITY NOTIFICATION CENTER OF COLORADO 0 Ii ola 55� CALL 2 -BUSINESS DAYS IN ADVANCE 7 BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND I MEMBER UTILITIES o � C N - N c 3 "t a M I.1 o 0 Z WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ° l W. LINE SW1/4, S.21, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 p o APRIL 6, 1874 SE1/4 p. S.20, I I T06N, R65W p z rq u 0 100 200 • FEET RIGHT OF WAY ACQUISITION HUNGENBERG RD FARMS LLLP HUNGENBERG RD FARMS LLLP PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW1/4 EXCEPT REC# 1933611 & 1935852 188.50' STA: 527+7u8' OFF 50.61'R RW-8A = 19,019 S.F.± RW-8A 457.78' SEE SHEET 1 SW1/4 S.21 T06N, R65W 911t2021 ta'1 3654 ' r- - • WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR668,41 LINTERSECTION PROJECT 1 - µ "li ,- roject No: OR 45 Scale: 1=100' 4778004 Pages: 5 of 6 11/19/2021 12:17 PM R Fee: $0.00 ate: 08117/2021 Drawn by: COG Sheet 2 of 3 Carly Koppes, Clerk and Recorder, Weld County , CO mill NFOR III I �� 14411' J� ��F'S IL'4 Kh lim �l R 11111 EXHIBIT DESCRIPTION A parcel of land, No. RW-8A, Weld County Project No. GR 45 containing 19,019 sq. ft. (0.437 acres), more or less, being a portion of land described in a deed, recorded on December 26, 2012 at Reception Number 3898644 in the office of the Weld County Recorder, located the West half of the Southwest quarter of Section 21, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 0101 3'04" W, along the West line of said West half of the Southwest quarter, a distance of 476.01', thence N 88° 46' 56" E, perpendicular to said West line, a distance of 30.00 feet to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said West line, and also being opposite and 50.70 feet Right of Engineer's Station 518+52.51 and the POINT OF BEGINNING; Thence N 01° 13' 04" W, along East right of Way line, a distance of 1,110.74 feet to a point opposite and 34.84 feet Right of Engineer's Station 529+62.91; Thence S 06° 11' 40" E, departing said East right of Way line, a distance of 188.50 feet to a point opposite and 50.61 feet Right of Engineer's Station 527+75.08; Thence S 02° 04' 09" E, a distance of 457.78 feet to a point opposite and 63.63 feet Right of Engineer's Station 523+19.05; Thence S 00° 40' 18" E, a distance of 186.22 feet to a point opposite and 66.56 feet Right of Engineer's Station 521+32.85; Thence S 00° 13' 40" W, a distance of 182.92 feet to a point opposite and 66.56 feet Right of Engineer's Station 519+49.93; Thence S 08° 40' 29" W, a distance of 97.60 feet to the POINT OF BEGINNING; whence the point of commencement bears S 02° 23' 19" W, a distance of 476.96 feet, The above described parcel contains 19,019 sq. ft. (0.437 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-8A HUNGENBERG RD FARMS LLLP I `10 4778004 Pages: 6 of 6 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill I rSIMPI ' I4 4'I 11111 WELD COUNTY DEPARTMENT t OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roject No: GR 45 Scale: 1=100' 08/17/2021 [Drawn by: CGG (Sheet 3 of 3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this(O day of mber ,, 2021, between Hungenberg Rd Farms LLLP, a Colorado limited liability limited partnership (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 8063 1: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(l)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. Hungenberg Rd Farms,LLLP, a Co Title STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ACCEPTANCE limited liability limited partnership this day of 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO IOTARY ID 2014400193 ISSION EXPIRES JANUAF 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 10th day of November , 2021, ATTEST: - Weld oui Deputy *No Deed is 4778005 Pages: 1 of 6 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 rj 11111 BOARD OF COUNTY COMMISSIONERS II Commissioners pursuant to C.R.S. 43-2-201(1 ,22f--d297a EXHIBIT L G �.y. N.I.. V O + O) 1 r OI A r'1 N c v J N O O + �M 0 O 4 Z 0 s G a CD u;-- 47 S 13° 31'52"W 117.84'. (to P.O.C.) it 12n ROW- 0 o� LI) v 0 FII CALL UTILITY NOTIFICATION CENTER OF COLORADO HUNGENBERG D CALL 2 -EOSIN NG OF UND RGROUE FARMS LL�P BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW1/4 EXCEPT REC# 1933611 & 1935852 78,30L S75°15'59"E 50.82' N 01 "13'04"W 95.95' Section Line ROW- ROW- ROWS_ j'-- P.O.C. STA:120+24 47' NE. COR. OFF: 17.19'R SEC.29 FOUND 2-1/2" S. LINE SW1/4, ALUMINUM CAP S.21, TO6N, (ILLEGIBLE) R65W 0 100 200 FEET RIGHT OF WAY ACQUISITION RW-8 HUNGENBERG RD FARMS LLLP I \A/CI r1 f1f11 IMTV f'f l f1R Ar'LC\ I "" 4778005 Pages: 2 of 6 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO SW1/4 S.21, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE S8533'24E 660.18' RW-8 = 76,768 S.F. FN LU In Lu w 127+ -- ----- 587°19'35'E W. C. R. 66 1332.54' - -- Row— RO,:— RO::------ ROW-.__ ROW—._. ROWS—. POW- -EXISTING 40' N87°19'35"W 1,302.48' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND NW1/4 SURVEY OR LAND SURVEY PLAT. IT IS S.28, INTENDED TO ILLUSTRATE THE ATTACHED T06N, R65W PROPERTY DESCRIP11ON ONLY. WELD COUNTY DEPARTMENT s$ OF PUBLIC WORKS If9k WCR66&41 INTERSECTION PROJECT Project No: OR 45 Srale: 1=100' 08/17/2021 IDrawn by: COG jSheet 1 of 3 mill IRAMW 11111 EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS N ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES HUNGENBERG RD FARMS LLLP PARC. #080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW 1/4 EXCEPT REC# 1933611 & 1935852 SW1/4 S.21, = T06N, R65W If) tu S85°33'24"E Ln 660.18' WELD COUNTY ROAD STA: 127+24 J6' 66 & WELD COUNTY OFF: 72.53L ROAD 41 INTX. PLAN CENTERLINE ST�ti 13kk2r",1 S80°14'06.,E STA: 128+49,14' OFF: 23.11 OFF: 62 60'L 12Q.97, RW-8 - S62°55'14"E 76,768 S.F.f 74.47 57.55' STA. 132+' S83°2'27"E 423.77' OFF 46.6'L W.C.R. 66 Section Line""' ROWS ROWS_ ROW-_ ROWS ROW - EXISTING 40' RIGHT—OF—WAY S. LINE SW1 /4, RD-BK 2, PG 77 S.21, T06N. JULY 7, 1876 R65W 0 10o: 200 FEET RIGHT OF WAY ACQUISITION RW-8 HUNGENBERG RD FARMS LLLP 4778005 Pages: 3 of 6 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 131+00 132+00S871935'oRd -- 'E 133+00 ROW-._ ROW-.... RO V -._ ROW- RO.: ROW-- ROW- N87°19'35"W 1,302.48' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND 4 SURVEY OR LAND SURVEY PLAT. IT IS NW1/4 INTENDED TO ILLUSTRATE THE ATTACHED S.28, PROPERTY DESCRIPTION ONLY. T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS "L WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1=100' 08/17/2021 (Drawn by: CGG ISheet 2 of 3 1111 MAN I' 14F. 'L'I' 'ih I¼ 11111 EXHIBIT I o p L a6fORE fORTR z � z I J N AO O O O y a O C F ( O � A S13°31'52"W 117.84' (to P.O.C.) TI 1 I unsirti ia ii ii i i AYr' I FARMS LLLP ESS OAWS KAW ANGE 6, 0RAM. SYCAVATE ,INC Of UNpERGROUt,O PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW 1/4 EXCEPT REC# 1933611 & 1935852 OFF: 78,30'L PO.B.RW-8W-8 S75"15'59"E 50.82' S`t" 120+6509' OFF: 69.18'L N01 °13'04"W Rope Section Line RO ROW.- ROWS Rpw R� P.O.C. ST 120+24 47 E. COR. O' ; 7 SEC.29 FOUND 2-1/2" S. LINE SW1 /4, ALUMINUM CAP S.21, T06N, $ (ILLEGIBLE) R65W 0 100 200;. FEET RIGHT OF WAY ACQUISITION RW-8 HUNGENBERG RD FARMS LLLP 4778006 Pages: 4 of 6 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO millIcorw WA1A11111 SW1/4 S.21, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE S$5°33'24"E 660.18' RW-8 = 76,768 S.F.± uJ uJ u W U) 127+0 S87°19'35"E Row--_ Jw. 66\T 1332.54' ROWS ROW-.-- O- ROW- ROW- ROW - EXISTING EXISTING 40' N8T19'35"W 1,302.48' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 NOTE: THIS EXHIBIT MAP DOES NOT NW1 /4 REPRESENT A MONUMENTED LAND S 28, SURVEY OR LAND - SURVEY PLAT. IT IS T06N, R65W INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT N roiect No: GR 45 Scale: 1"=100' 08/17/2021 1prawn by: CGG (Sheet I of 3 EXHIBIT " 9i8J 8 021 r7&` grz_ 3314. a CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2-BUSINESSDAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBERDTIUTIEs LU w s u1 w w N S85°33'24"E 660.18' OFF S80°14T HUNGENBERG RD FARMS LLLP PARC.#080321000046 RECP.# 3898644 B&S DEED, 12-26-2012 W1/2 of the SW1/4 EXCEPT REC# 1933611 & 1935852 SW1/4 S.21, T06N, R65W WELD COUNTY ROAD - s 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE \ 133+2712'' 62.60'L 130+00 -ROW-- W.C.R. 66 SeCdonLine`-- ROW ROW ROW--- ROW--�- ROW� R EXISTING 40' RIGHT-OF-WAY S. LINE SW1/4, RD -BR 2, PG 77 S.21, T06N, JULY 7, 1876 R65W 0 100 200 • FEET RIGHT OF WAY ACQUISITION RW-8 I OFF: 23,11'L s62 55 76,768 S.F.# STA: 132+74.4T 57.55' S83°5227"E 423.77' OFF 131+0p 132+00 0 R ROW --w--. RON- 587 19'35"E 133+p0 134+fl0 Row- RO "' ROWS N87"19'35"W 1,302.48' Row now— Row - I HIJNGENBERG RD FARMS LLLP I !fJI1 4778005 Pages: 5 of 6 11/19/2021 12:17 PM R Fee:$0.@0 Carly Koppes, Clerk and Recorder, Weld County , CO mill I rjm_ HI i 'k':4I �r'1I vi NOTE: THIS EXHIBIT MAP DOES NOT NW1/4 4 REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS S.28, INTENDED TO ILLUSTRATE THE ATTACHED T06N, R65W PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 IP41 INTERSECTION PROJECT No: GR 45 08/17/2021 1"=l00, by: CGG ISheet 2 of 3 EXHIBIT DESCRIPTION A parcel of land, No. RW-8, Weld County Project No, GR 45 containing 76,768 sq. ft. (1.762 acres), more or less, being a portion of land described in a deed, recorded on December 26, 2012 at Reception Number 3898644 in the office of the Weld County Recorder, located the West half of the Southwest quarter of Section 21, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 010 13' 04" W, along the West line of said Southwest quarter, a distance of 113.96 feet, thence N 88° 46' 56" E, perpendicular to said West line, a distance of 30.00 feet to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said West line common to said Sections 20 and 21, and also being opposite and 78.30 feet Left of Engineer's Station 120+15.10 and the POINT OF BEGINNING; Thence S 75° 15' 59" E, a distance of 50.82 feet to a point opposite and 69.18 feet Left of Engineer's Station 120+65.09; Thence S 85° 33' 24" E, a distance of 660.18 feet to a point opposite and 72.53 feet Left of Engineer's Station 127+24.06; Thence S 80° 14' 08" E, a distance of 124.97 feet to a point opposite and 62.60 feet Left of Engineer's Station 128+49.14; Thence S 83° 52' 27" E, a distance of 423.77 feet to a point opposite and 46.69 feet Left of Engineer's Station 132+74.47; Thence S 62° 55' 14" E, a distance of 57.55 feet to the intersection of the East line of the said West half of the Southwest quarter and the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the South line common to said Sections 21 and 28, being opposite and 23.11 feet Left of Engineer's Station 133+27.12 ; Thence N 87° 19' 35" W, along said North right of way line, a distance of 1,302.48 feet to the intersection of the said East right of way line, being opposite and 17.19 feet Right of Engineer's Station 120+24.47; Thence N 01° 13' 04" W, along said East right of way line, a distance of 95.95 feet to the POINT OF BEGINNING; whence the point of commencement bears S 13°31'52" W, a distance of 117.84 feet. The above described parcel contains 76,768 sq. ft. (1.762 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-8 HUNGENBERG RD FARMS LLLP WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1 "=100' 477800:1 Pages: 6 of 6 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111IYUPj1III1 08/17/2021 IDrawn by: CGG (Sheet 3 of 3 Hello