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Home My WebLink About20212229.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PROPERTY TO COMPLETE CERTAIN IMPROVEMENTS FOR COUNTY ROADS 80 AND 37 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DARRELL FRANK WAAG 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 Concerning Purchase of Property to Complete Certain Improvements for County Roads 80 and 37 Intersection 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 Darrell Frank Waag, 320 North County Road 5, Fort Collins, Colorado 80524, with further terms and conditions as stated in said agreement; said property being more particularly described as follows: Parcels of land lying in the NW1/4 of Section 19, and the SW1/4 of Section 18, all in Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado 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 Concerning Purchase of Property to Complete Certain Improvements for County Roads 80 and 37 Intersection 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 Darrell Frank Waag, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all related documents. Cc w(ER/c 4 fCK) °g/A5 /2.1 2021-2229 EG0079 AGREEMENT CONCERNING PURCHASE OF PROPERTY TO COMPLETE CERTAIN IMPROVEMENTS FOR COUNTY ROADS 80 AND 37 INTERSECTION PROJECT — DARRELL FRANK WAAG PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,dMeA) •J4to•e1 Weld County Clerk to the Board Count Attorney Date of signature: Obi I V2, Steve Moreno, hair 2021-2229 EG0079 MEMORANDUM TO: Esther Gesick, CTB DATE: July 19, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement for Darrell Frank Waag ROW, PE, and TCE for CR 80 & CR 37 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the purchase of ROW and temporary construction easement located on the eastside of the CR 80 and CR 37 intersection. The agreement and offer were reviewed by the BOCC in a pass around that was returned on June 24, 2021. All five commissioners approved the recommendation to offer Mr. Waag an amount not to exceed $415,000. 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. 2021-2229 7/07 Page I ti 1 M:\ —Active Projects\WCR 80 & WCR 39 Intersection\Design\ROW Acquistion Services\Waag\Purchase and Sales Agreement\Waag PSA Memo to CTB .docx Page 1 of 27 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DARRELL FRANK WAAG AND WELD COUNTY, COLORADO qq/!T11 THIS AGREEMENT is made this0((, day of 2021, by DARRELL FRANK WAAG, whose address is 320 N. County Road 5, Fort Co ns lorado 80524 hereinafter referred to as "Owner" (whether one or more), and the COUNTY W D, 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 described in the attached Exhibit A (Right -of -Way or ROW) and Exhibit D (Fee Parcel), property described in the attached Exhibits B & E (Permanent Easement or PE) and property described in Exhibit C (Temporary Construction Easement or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 37 (WCR 37), and Weld County Road 80 (WCR 80), 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 in order to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. • Exhibit A — 006 -PR ROW Deed of Dedication form, legal description, and depiction • Exhibit B — 006 -PE Permanent Easement form, legal description, and depiction • Exhibit C — 006-TCE Temporary Easement form, legal description, and depiction • Exhibit D — 007 -FP Fee Parcel General Warranty Deed form, legal description, and depiction • Exhibit E - 007 -PE Permanent Easement form, legal description, and depiction II. COMPENSATION; PROPERTY CONVEYANCE Total compensation to be paid by County to Owner, as described below, is four hundred fifteen thousand dollars and zero cents. ($415,000.00). 4739395 Pages: 1 of 15 07/27/2021 10:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 14U��1L1C411 �Ilh'i+ ��'h ��kld9h�Gh Eh. +GrY4�k �I II I Page 2 of 27 Owner agrees at closing to sell and County agrees to purchase at closing the Right -of -Way and Fee Parcel described and depicted on Exhibits A and D, respectively, for the sum of one hundred sixty five thousand seventy eight dollars ($165,178.00). Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Easements described on Exhibits B and E for the sum of ten thousand four hundred seventy two dollars and eighty cents ($10,472.80) 4. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit C for the sum of seven hundred thirty seven dollars and ten cents ($737.10). 5. County agrees to pay at closing and for the replacement of existing improvements, (Damages) for the sum of one hundred twenty nine thousand one hundred six dollars and zero cents ($129,106.00). 6. County agrees to pay at closing a cost to cure in the sum of one hundred eight thousand two hundred seventy two dollars and zero cents ($108,272.00). 7. County agrees to pay at closing for crop damages in the sum of eight hundred twelve dollars and zero cents ($812.00). 8. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. HI. PUBLIC ROAD RIGHT(S)-OF-WAY AND FEE PARCEL 1. Owner agrees to grant the Public Road Right -of -Way (006 -PR) to the County by Deed of Dedication as provided in Exhibit A. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of - Way to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. The dedication shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. 4. Owner agrees to grant the Fee Parcel (007 -FP) to the County by General Warranty Deed as provided in Exhibit D. 5. Owner shall deliver the fully executed General Warranty Deed for the Public Road Right -of -Way to County at the date of closing which shall be no later than thirty (30) 4739395 Pages: 2 of 13 07/27/2021 10:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII RAMA 110:60IUNI4101011PC 64:E i Y h 1I II Page 3 of 27 days following mutual execution of this Agreement. The General Warranty Deed shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. 6. Owner shall transfer to County at closing the mineral estate and any water rights currently attached to or associated with the Property described in Exhibit D, if any exists. IV. PERMANENT EASEMENT(S) I. Owner agrees to grant a Permanent Easement (PE) to Qwest Corporation, d/b/a Centurylink QC ("CenturyLink") covering all property described and depicted in, and subject to the terms provided in, Exhibits B and E. Owner shall deliver the fully executed Permanent Easement at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. V. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit C. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. VI. 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 Road Right -of - Way, the Fee Parcel, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, liens, and special assessments, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication, General Warranty Deed, and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way, Fee Parcel, Permanent Easement and Temporary Construction Easement. 3. County shall be entitled to take possession of the TCE immediately upon the execution of this agreement, and the remaining Property upon closing. 4739395 Pages: 3 of 15 07/27/2021 10:40 AM R Fee:$0.00 Carly Koppers, Clerk and Recorder, Weld County , CO 1111IF:413NfIllitlil:011,444WM1.110.1iA 11111 Page 4of27 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/or the Exhibits. VII. MISCELLANEOUS 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. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 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. 4739395 Pages: 4 of 13 07/27/2021 10:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NUM �JI h�4�'R rl � �l �14�'�'�ti ' Li' III III Page 5of27 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Darrell Frank Waag Signature: .% u. ATTEST: Weld C BY ty Clerk to the B , and Deputy Cl o:el 4739395 Pages: 5 of 15 07/27/2021 10:46 AM d R•o ed: $0.00 County CO Carly KoPPes l��aP21« MKS 11111 r Date: /l -6 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eve Moreno, Chair ; JUL 2 6 2021 o2b/-- oQCI EXHIBIT A RIGHT OF WAY ACQUISITION A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the northwest corner of said Section 19; thence S88°51'45"E, 30.01 feet, along the north line of said northwest one -quarter of Section 19, to the east line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records, the Point of Beginning. thence S88°51'45"E, 1322.89 feet, along said north line, to the east line of the southwest one -quarter of the southwest one -quarter (SW1/4 SW1/4) of Section 18, Township 7 North, Range 65 West of the 6th Principal Meridian; thence S00°01'39"E, 5.50 feet; thence N88°51'45"W, 353.34 feet; thence S68°21'18"W, 27.12 feet; thence N88°51'45"W, 456.74 feet; thence S86°27'06"W, 293.79 feet; thence N88°51'45"W, 118.95 feet; thence S50°39'12"W, 76.98 feet; thence S00°31'23"E, 409.85 feet; thence S89°28'37"W, 15.00 feet, to the east line of said Right of Way Agreement; thence N00°31'23"W, 500.30 feet, along said east line, to the north line of said northwest one -quarter of Section 19, the Point of Beginning. 2 0- i -61 wa-i o.Le LLor a as a •W 4te av� Naam 004. Also known by street and number as: 38854 County Road 37, Ault CO. Containing 33,900 square feet (0.778 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the North line of the Northwest Quarter of Section 19, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45" East, with the North 1/4 Corner of said Section 19 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Northwest Corner of said Section 19 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 RIGHT OF WAY ACQUISITION 006 -PR DARRELL FRANK WAGG WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 200' DATE:04/19/2021 DRAWN BY: KIM SHEET 1 of 2 DARRELL FRANK WMG • 11VE�,p COUNTY ROAD 80 NW1/4 SEC. 19 T7N, R65W DARRELL WAAG PARC. # 070919000007 RECP. # 4184173 WDN 2-29-2016 PARCEL 4 UNPLA I l ED CALL 2 BUSINESS DAYS IN ADVANC BEFORE YOU DIG, GRADE, EXCAVA FOR THE MARKINGS OF UNDERGROL MEMBER UTILITIES c� vIMIC �13�_ -3 S w LL O NON= U a -t - Va c- �E a_qt mammo Ges MG a CDN o i MN,' woo ••� •. I W J c ofloio yr DtflNINU S N. LINE NW1/4 SEC 191 Awawasis t�+►t�anw!!.`.`t\1.t\l ammihrna\m,\vanR:\b0\\n\\\\\0\\\\\\mi`"-...;,. EXHIBIT B PERMANENT EASEMENT ACQUISITION A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the northwest corner of said Section 19; thence S88°51'45"E, 60.04 feet, along the south line of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence S88°51'45"E, 15.00 feet, along said south line; thence S00°30'49"E, 84.27 feet; thence 850°39'12"W, 19.24 feet; thence S00°31'23"E, 492.63 feet; thence 889°28'37'W, 30.00 feet, to the east line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records; thence N00°31'23"W,15.00 feet, along said east line; thence N89°28'37"E, 15.00 feet; thence N00°31'23"W, 484.82 feet; thence N50°39'12"E,19.25 feet; thence N00°30'54"W, 77.51 feet, to said south line, the Point of Beginning. Also known by street and number as: 38854 County Road 37, Ault CO. Containing 9,169 square feet (0.210 Acres) more or less. Basis of Bearings for above description: All Bearings herein am based on the North line of the Northwest Quarter of Section 19, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45" East, with the North 1/4 Corner of said Section 19 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Northwest 1 Comer of said Section 19 being monumented by a 2-1/2° aluminum cap in a box, stamped LS 30462, 2001. inf•3Y ..o oL0 oo"°Y ix:rm., a so f_ Mal . my KEVIN .1. MARTIN P.L.S 38680 Prepared far and an behalf of Short Elliot & Henddckson 2000 S. Colorado Blvd.. Suite 6000 Denver CO, 80222 PERMANENT EASEMENT ACQUISITION 00e -PE DARRELL FRANK WAGG WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR e0 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR40 SCALE: 1' =200' DATE:1l2712021 DRAWN BY: KJM SHEET 1 °f 2 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT ACQUISITION A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the northwest corner of said Section 19; thence S26°45'20"E, 101.81 feet, to the Point of Beginning. thence N50°39'12"E, 76.98 feet; thence S88°51'45"E, 118.95 feet; thence N86°27'06"E, 293.79 feet; thence S88°51'45"E, 456.74 feet; thence N68°21'18"E, 27.12 feet; thence S88°51'45"E, 353.34 feet; thence S00°01'39"E, 20.50 feet; thence N88°51'45"W, 773.87 feet; thence S86°27'06"W, 355.00 feet; thence N88°51'45"W, 106.74 feet; thence S55°59'37"W, 62.78 feet; thence S00°31'23"E, 361.90 feet; thence S89°28'37"W, 20.00 feet; thence N00°31'23"W, 363.64 feet, to the Point of Beginning. Also known by street and number as: 38854 County Road 37, Ault CO. Containing 26,854 square feet (0.616 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the North line of the Northwest Quarter of Section 19, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45" East, with the North 1/4 Corner of said Section 19 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Northwest Corner of said Section 19 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 006-TCE DARRELL FRANK WAGG WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 200' DATE: 04/19/2021 DRAWN BY: KJM SHEET 1 of 2 DARRELL FR PARC. # 07091 RECP. # 41841711,, WDN 2-29-2016 PARCEL 1 UNPLATTED T7N R66W R65W S131S18 S19 30' ROW _ REC# 34283 10/15/1889 EXHIBIT C °5.1',5“ 14As.Q 1 1/1/4; SECror."0:1_•4 •-.. W\\\\\\\\\U\ \\\\\\1 IONVI\\\00\\\0\\\N\\\\IWAe\\ .AILIAelOW SW1/4 SEC. 18 T7N, R65W 006-TCE PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA: 26,854 S.F. (0.616 AC) M/L TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 006-TCE DARRELL WAGG WELD COUNTY, COLORADO NW1/4 SEC. 19 T7N, R65W DARRELL WAAG PARC. # 070919000007 RECP. # 4184173 WDN 2-29-2016 PARCEL 4 UNPLATTED CPUN FIELD se 17N R65W S18 1/4 S1 - —.......,.a L, 4.�'F"ft " . , a,... Nat 71Nii. A►t41X4»3AXWANNAUNN»MNtiANNANN_ CALL UTILITY NOTIFICATIC CENTER OF COLORADO CALL 2 BUSINESS DAYS IN ADVANC BEFORE YOU DIG, GRADE, EXCAV< FOR THE MARKINGS OF UNDERGROI MEMBER UTILITIES WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 DATE: 04/19/2021 •c• U ice �A m A3� m o vILL O3 .. Sam So - 4-1 m SCALE. 1 - M N aY a- 0 N >' SHEET fl C0o� DRAWN BY: KJM EXHIBIT D RIGHT OF WAY ACQUISITION A Parcel of land lying in the southwest one -quarter (SW1/4) of Section 18, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 1, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the southwest corner of said Section 18; thence N45°18'43"E, 41.83 feet, to the east line of that 60 foot wide Right of Way Agreement, as described in Book 5, Page 290, Weld County Records, said point also lying on the north line of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence N00°30'49"W, 480.67 feet, to the centerline of Larimer & Weld Irrigation Canal; thence along said centerline the following 14 courses: thence S77°20'48"E, 40.17 feet; thence S86°18'34"E, 52.88 feet; thence S59°06'47"E, 72.53 feet; thence 851630151°E, 47.65 feet; thence 846°48'37"E, 104.31 feet; thence 845°07'22"E,129.87 feet; thence S45°36'19"E, 98.40 feet; thence 545°26'55"E, 48.52 feet; thence S53°54'25"E, 65.45 feet; thence 670°42'59"E, 69.22 feet; thence S85°58'30"E, 376.47 feet; thence 885°52'22"E, 231.12 feet; thence 589°00'30"E,115.48 feet; KEVIN J. MARTIN P.L S 38580 Prepared for and on behalf of Short Elliot & Henddekaon 2000 S. Colorado Blvd., Suite 8000 Denver CO, 80222 thence N84°56'03"E, 27.41 feet, to the east line of the southwest one -quarter of the southwest one -quarter (SW1/4 SW114) of said Section 18; thence S00°01'39"E, 40.03 feet, to said north line; thence N88°51'45"W,1323.14 feet, along said north line, to the Point of Beginning. Also known by street and number as: Vacant Land, Ault Co. Containing 200,469 square feet (4.602 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the South line of the Southwest Quarter of Section 18, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45" East, with the South 1/4 Corner of said Section 18 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Southwest Corner of said Section 18 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. RIGHT OF WAY ACQUISITION 007 -PR DARRELL WAGG WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR803WCR37 INTERSECTION PROJECT PROJECT NO: GR-00 SCALE: 1' "200 DATE 1I2722021 DRAWN BY: KJM SHEET 1 °r2 EXHIBIT D MP ROW RE 34283 101161168W ar IC' ROB' BK. 4, PG.114 142/1805 RIGHT OF WAY ACQUISITION DARRELL WAGG WELD COUNTY, COLORADO SW1/4 SEC. 18 T7N, R6SW 816 1/4 $19 &XVI k IA I Entntlealtinnl InharaWAVAME VetWISAtaYMMiatatalak ta SS NW1/4 SEC. 19 TIN, R66W DARRELL WAAG PARC. # 074918000007 RECP. #4184173 WDN 2-29-2016 PARCEL 4 UNPLAITED CALL UTILITY NOT1FICATIO CENTER OF COLORADO CALL 2 BUJIJNESS DAYS N ADVARC BEFORE YOU Daa, GRADE, EXCAVA: FOR THE MARKINGS OF LJFJDEROROL NEWSIER UTILITIES WELD COUNTY DEPARTMENT OF PUBLIC WORKS PROJECT NO: GR-&0 DATE:1 /27f2021 1NCR 80 & WCR 37 INTERSECTION PROJECT DRAWN BY: K.JM 0-4 M 1-4 -3 o y..l —i i- D uime O el) LL Wpm= co)m or maa to-Eg Y AU .-i _ N In0 a- �N o al t'7N,' P� to o� SHEET 2 re2 EXHIBIT E PERMANENT EASEMENT ACQUISITION A Parcel of land lying in the southwest one -quarter (SW114) of Section 18, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 1, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the southwest corner of said Section 18; thence S88°51'43"E, 74.17 feet, along the south line of the southwest one -quarter of said Section 18; thence N01°08'15"E, 30.00 feat, to the north Ilne of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence N00°30'49"W, 431.64 feet; thence N45°30'49"W, 42.43 feet; thence 589°29'11"W, 15.00 feet, to the east line of that 60 foot wide Right of Way Agreement, as described In Book 5, Page 290, Weld County Records; thence S00°30'49"E, 6.21 feet, along said east line; thence 545°30'49"E, 42.43 feet; thence 500°30'54"E, 425.00 feet to said north line; thence S88°51'45"E, 15.00 feet, along said north line, to the Point of Beginning. Also known by street and number as: Vacant Land, Ault CO. Containing 7,106 square feet (0.163 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the South line of the Southwest Quarter of Section 18, TownshipT North, Range 65 West,6th Principal Meridian, bearing South 88°51'45" East, with the South 1/4 Corner of said Section 18 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Southwest Corner of said Section 18 being monumented by a 2-1/2' aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.LS 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd, Stile 6000 Denver CO. 10222 PERMANENT EASEMENT ACQUISITION 007A -PE DARRELL WAGG WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 00 & WCR ST INTERSECTION PROJECT PROJECT NO: GRJB0 SCALE: •1' =200' DATE1/2712021 DRAWN 8Y: KJM SHEET 1 of 2 ELL,O CALL UTILITY NOTIFlCATit !"r o d CENTER OF OOLC)RAUC OIQw coma allalY� CALL 2 BU$JNE$$ DAY$ N /�DVAN N m BEFORE YOU Oia GRADE, E CrAV In 0 a FOR THE MA1 CNf3S OF LR4DEROF�C an N 0 `� AMBER UTiU11E� fry �► Y NI WELD COUNTY DEPARTMENT II M N L QF PUBLIC VYQRKS mNc Contract Form New Contract Request Entity Information Entity Name* WAAG, DARRELL Entity ID* 00044205 Contract Name* ROW PURCHASE AND SALE AGRREMENT FOR WAAG PROPERTY ON THE CR 80 AND CR 37 PROJECT Contract Status CTB REVIEW ❑ New Entity? Contract ID 5057 Contract Lead* CKFMMI Contract Lead Email CKImmi@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # GR-60 Contract Description* AGREEMENT FOR THE SALE OF ROW, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CR 80 AND CR 37 PROJECT Contract Description 2 Contract Type AGREEMENT Amount * $415,000.00 NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC. WORKS Department Email CM- PjblicWorks@weldgov.com Depaitinerit Head Email CM-PublicWorks- DeptHeadf�weldgov.com County Attorney BOB CHOATE County Attorney Email BC HOATE@CO. WELD.CO. US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 07,26,2021 Due Date 07'22,2021 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 07/'2©12021 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Contact Type Purchasing Purchasing Approval Process Department Head )AY MCDONALD DH Approved Date 07/20/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07,26,'2021 Originator CKIMMI Committed Delivery Date Finance Approver BARE CONNOLLY Expiration Date: 12/31;2021 Contact Phone 1 Contact Phone 2 Purchasing r Hate Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 07/21/2021 07,21/2021 Tyler Ref # AG 072621 MEMORANDUM TO: Esther Gesick, CTB DATE: August 10, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed Dedication for the CR 80 and CR 37 Intersection Improvement Project Please place the attached Acceptance of a Deed of Dedication for the Darrell Frank Waag ROW parcel on the consent agenda. The original docket number was 2021-2229. Page 1 of 1 Q&021 MA —Active Projects \W R 80 & WCR 37 Intersection\Design\ROW Acquistion Services \Waag \Deed of Dedication \Waag Deed of Dedication Acceptance Memo to CTB.docx f, /G0-02/ .40079 ACCEPTANCE Page 7 of 27 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this`- day of , 2021, between Darrell Frank Waag (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 "0" 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. GRAiN i3OR: Darrell Frank \h/a.g STATE OF COLORADO ) ) ss. COUNTY OF WELD n �. T foregoin trument w. s acknow� edt d before me this `-i day of l —tA , 2021, by CHERYL KERN NOTARY PUBLIC STATE OF COLORADO r NMY COMMISSION EIXPIRES AUGUST 25, 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: 'ted14) �/• Weld o nt Clerk to the Bo By. Deputy Clto th Boar BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO o--T-m, Board of County Commissioners *No Deed of Dedication is valid u ( , , - e�� ',unty Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4747166 Pages: 1 of 3 08/18/2021 11:02 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County , CO 2.2/ - EXHIBIT A RIGHT OF WAY ACQUISITION A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the northwest corner of said Section 19; thence S88°51'45"E, 30.01 feet, along the north line of said northwest one -quarter of Section 19, to the east line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records, the Point of Beginning. thence S88°51'45"E, 1322.89 feet, along said north line, to the east line of the southwest ore -quarter of the southwest one -quarter (SW1/4 SW1/4) of Section 18, Township 7 North, Range 65 West of the 6th Principal Meridian; thence S00°01'39"E, 5.50 feet; thence N88°51'45"W, 353.34 feet; thence $68°21'18"W, 27.12 feet; thence N88°51'45"W, 456.74 feet; thence S86°27'06"W, 293.79 feet; thence N88°51'45"W, 118.95 feet; thence S50°3'x'12"W, 76.98 feet; thence S00°31'23"E, 409.85 feet; thence S89°23'37"W, 15.00 feet, to the east line of said Right of Way Agreement; thence N00°31'23"W, 500.30 feet, along said east line, to the north line of said northwest one -quarter of Section 19, the Point of Beginning. Also known by street and number as: 38854 County Road 37, Ault CO. Containing 33,900 sglare feet (0.778 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the North line of the Northwest Quarter of Section 19, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45" East, with the North 1/4 Corner of said Section 19 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Northwest Corner of said Section 19 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001, KEVIN J MARTIN P,L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 RIGHT OF WAY ACQUISITION 006.PR DARRELL, FRANK WAGG WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 6 WCR 31 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 200' DATE:04/19)2021 DRAWN BY: KJM SHEET 1 e1 2 4747166 Pages: 2 of 3 08/18/2021 11:02 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NU��IL'4'Sl�r� �I 'f��l�4�1 III �� r�rtikl Ilk BIM RECP. # 4184173 WDN 2-29-2016 PARCEL 1 UNPLATTED T7N R66W R65W 30' ROW REC# 34283 10/15/1889 EXHIBIT A SW1/4 SEC. 18 T7N, R65W Seek I 111 \��1t��1, mvai �,,��i��mwt�� utuw.�s�tt'��,zt«wswits��aw"-•--- ��.�._----- __.---- - - ', N. LINE NW1/4 SEC 19 WELD 006 -PR PROPOSED RIGHT OF WAY AREA: 33,900 S.F. (0.778 AC) M/L 60' ROW _ BK. 4, PG. 114 10/2/1885 RIGHT OF WAY ACQUISITION DARRELL WAGG WELD COUNTY, COLORADO 006 -PR 4747166 Pages : 3 of 3 08/18/2021 11:02 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NW1/4 SEC. 19 T7N, R65W DARRELL WAAG PARC. # 070919000007 RECP. # 4184173 WDN 2-29-2016 PARCEL 4 UNPLATTED CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, EXCAVATE FOR THE MARKINGS OF UNDERGROUND MEMBER UTILITIES WELD COUNTY DEPARTMENT OF PUBLIC WORKS PROJECT NO: GR-60 DATE: 04/19/2021 WCR 80 & WCR 37 INTERSECTION PROJECT DRAWN BY: KJM SCALE: 1' = 200' SHEET 2 of 2 KiFfittki.1101N14111,1rAIIIIIMMICEIVIA 11111 MEMORANDUM TO: Esther Gesick, CTB DATE: August 10, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Warranty Deed Acceptance for the CR 80 and CR 37 Intersection Improvement Project Please place the attached Warranty Deed for the Darrell Frank Waag ROW parcel on the consent agenda. The original docket number was 2021-2229. Page 1 of� ,4-0021 — 2 M:\ —Active Projects\" 80 & WCR 37 Intersection\Design\ROW Acquistion Services\Waag\Warranty Deed\Waag Warranty Deed Acceptance Memo to CTB.docx E4619q9 ``� � Fyn Page 19 of 27 WARRANTY DEED THIS DEED made this 4 day of AU , 2021, between Darrell Frank Waag, whose legal address is 320 N. County Road 5, Fort Col ins Colorado 80524 of the County of Larimer, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as Weld County Assessor's parcel # 070918000005 Ault, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 4747167 Pages: 1 of 4 08/18/2021 11:02 AM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County , CO I''4 iddgliI+WItUilyi Ii III Page 20 of 27 OWNER: Darrell Frank Waag Pca By: State of Colorado )ss. County of Weld ) The foregoing instrument was acknowledged before me this 4( day of by aui p �1( &1jj 1/L 6c U CHERYL KERN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954011852 MY COMMISSION EXPIRES AUGUST 25,12 My commission expires: 1 ness r. h nd and official seal. blic , 2021, ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above parcel as a Public Highway (Public Right-oo-Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this /day of , 2021. ATTEST: ddrit44) �1• Weld ' ou ty Clerk t. the Boar By: Deputy Cler o the oa *No Warranty Deed is valid un 4747167 Pages: 2 of 4 08/18/2021 11:02 AM R Fee:$0.00 $0.0 d D Fee:$0.00 Carly Koppel, Clerk and Recorder, County , CO ratirgritlalfitilikAi N AIM 1111 BOARD OF COUNTY COMMISSIONERS WELD OUNTY OLORADO ro- qIz►', Board of County Commissioners ntv Commissioners pursuant to C.R.S. 43-2-201(1)(a). eoa.i-aa--2 `� EXHIBITA RIGHT OF WAY ACQUISITION A Parcel of land lying in the southwest one -quarter (SW1/4) of Section 18, Township 7 North, Range 85 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 1, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the southwest corner of said Section 18; thence N45°18'43"E, 41.83 feet, to the east line of that 80 foot wide Right of Way Agreement, as described in Book 5, Page 290, Weld County Records, said point also lying on the north line of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence N00.30'49"W, 480.67 feet, to the centerline of Latimer & Weld Irrigation Canal; thence along said centerline the following 14 courses: thence 577°20'48"E, 40.17 feet; thence S66•18'34"E, 52.88 feet; thence S59°06'47"E, 72.53 feet; thence S51.30'51"E, 47.65 feet; thence S46°48'37"E, 104.31 feet; thence S45°07'22"E, 129.87 feet; thence S45°36'19"E, 98.40 feet; thence S45°26'55"E, 48.52 feet; thence S53°54'25"E, 85.45 feet; thence 870°42'59"E, 69.22 feet; thence S85°58'30"E, 376.47 feet; thence S85°52'22"E, 291.12 feet; thence S89°00'30"E, 115.48 feet; KEVIN .1. MARTIN F.L.S 38580 Prepared for and on behalf of Short Elliot d Hendrickson 2000 S. Colorado Blvd., Suite 8000 Denver CO, 80222 thence N84°58'03"E, 27.41 feet, to the east line of the southwest one -quarter of the southwest one -quarter (SW1/4 SW114) of said Section 18; thence S00°01'39"E, 40.03 feet, to said north line; thence N88°51'45"W, 1323.14 feet, along said north line, to the Point of Beginning. Also known by street and number as: Vacant Land, Ault CO. Containing 200,489 square feet (4.802 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the South Ilne 01 the Southwest Quarter of Section 18, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45' East, with the South 1/4 Corner of said Section 18 being monumented by a 3-25' aluminum cap. stamped PLS 38149, and the Southwest Corner of said Section 18 being monumented by a 2-112" aluminum cap in a box, stamped LS 30462, 2001. RIGHT OF WAY ACQUISmON 007 -PR DARRELL WAOC WELD COUNTY, COLORADO 4747187 Pages: 3 of 4 08/18/2021 11:02 AM R Foe :$0.00 D Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII PAPP I�il�Vil� �k I�N#11+ 4K�4ti I�ihIY 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 60 & WCR 37 INTERSECTION PROJECT PROJECT NO: CA40 SCALE; 1'=200 DAZE: 1127/2'021 DRAWN BY: KJM SHEET t 662 EXHIBIT A SW1/4 SEC. 18 T7N, R65W s'\k\\\\\tttskvatzztetk Atta Ix OK. 4, PG.114 1421106 I RIGHT OF WAY ACQUISITION DARRELL WAGG WELD COUNTY. COLORADX7 4747167 Pages : 4 of 4 08/18/2021 11:02 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 111 i V KA? �W�h NW1/4 SEC_ 19 17N, R65W DARRELL WAAG PARC. # 070919000007 RECP. #41M173 WDN 2-29-2016 PARCEL 4 UNPLATTED CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 BU SJ NE3$ DAYS INADVANCE BEFORE YOU D40, GRADE, EXCAVATE FOR THE MAAIGNOS OF UNDERGROUND LIMBER UTILITIES WELD COUNTY DEPAMMENT OF PUBLIC WORKS VYCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-& DATE; 1 f27f2D21 I DRAWN BY: KIM SHEET 2 of 2 Page 11 of 27 After recording please return to: Lisa Gallegos -Thompson CenturyLink 1025 Eldorado Blvd, Broomfield, CO 80021 EASEMENT AGREEMENT The undersigned ("Grantor)", for good and valuable consideration, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to Owest Corporation, d/b/a CenturvLink OC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"), having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Service, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair, expand, replace and remove a communication system that Grantee from time to time may require, consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing boxes, vaults, surface location markers, equipment cabinets and associated wooden or concrete pads, aerial lines, poles and cables, and other facilities and structures, including utility service if required to operate such system, facilities and structures (collectively, the "Facilities') over, under and across the following property located in the County of WELD, State of COLORADO, which Grantor owns ("Easement Tract"): SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY THIS REFERENCE MADE A PART OF, THIS AGREEMENT Grantor further grants and conveys to Grantee the following incidental rights: (1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract; and (2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use and enjoyment of the Easement Tract. Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted in this Easement Agreement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract and will not alter the surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement Tract by grading or otherwise excavating, without Grantee's written consent. Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the Easement Tract against all claims. Grantee will have no responsibility for environmental contamination unless caused by Grantee The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. 4759458 Pages: 1 of 4 09/24/2021 09:43 All R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII "Ill (72-o02/- a-9 Page 12 of 27 Executed by Grantor this Z4/4- ) ss. day of , 2021. GRANTOR: LP By: � Printed Name : Darrell Frank Waag Title: The foregoing instrument was acknowledged before me this q day of 20 al, by &twill 1�7�uu�+�- butt as , of My commission expires: WITNESS my hand and official seal. CHERYL KEf (V NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954O11852 MY COMMISSION EXPIRES AUGUST 25, 20231 4759458 Pages: 2 of 4 09/24/2021 09:43 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 (SEAL) EXHIBIT A PERMANENT EASEMENT ACQUISITION A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range 65 West of the 6th Prindpal Meriden, County of Weld, State of Colorado, being a portion of Parcel 4, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows Commencing at the northwest comer of said Section 19; thence $10'51'45"E, 00.04 feet, along the south line of that 30 toot wide Right of Way Agreement, as described under Reception Number 34253, Weld County Records, the Point of Beginning. thence Of10'a1'45"E, 16.00 fist. along said south IMO; thane 800'30'49"E, 84.27 fret; thence eso'aw2"W,19.24 het; thence $00'31'23"E, 492.93 fest; thence t109'21'3TW, 30.00 feet, to the met line of Chet 10 foot wide Right of Way Agnsntent. as described In Book 4 Page 114, Wald County Records; thence N00'31'23"W,16.00 feat, along said east line; thence N09'20'3TE,15.00 het; thence N00'31'23"W, 404.12 fest; thence N50'3W12"E,19.25 het; thence N00'30'54"W, 77.51 feet, to said south line, the Point of Beginning. Also known by street and number as: 38854 County Road 37, Ault CO. Containing 9,169 square feet (0.210 Acres) more or ism. Bats of Bearings for above description: All Bearings herein are based on the North line of the Northwest Quarter of Section 19, Township 7 North, Range 65 West, 6th Prindpal Meddler, bearing South 08'51'45' East. with the North 1/4 Corner of said Section 19 being monumented by a 3-25' aluminum cap, stamped PLS 38149, and the Northwest Corner of said Section 19 being monumented by a 2-1/2' aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L! 30660 Preiwad for eJd an behard WM Old linawon 2000 6. Colorado ONd., auks e000 Dow CO, Rom PERIANIENT EMINENT ACOUIeITK1N CARRELL FRANK WACO WELD COUNTY, COLORADO 7 WELD COUNTY OEPARn15Nr OP PUBLIC WORM WMill IWMV INTaYlCTENPKQACT PROJECT NO: OWE IMOLE: r.7E0' CATE:147Imt1 4759458 Pages: 3 of 4 09/24/2021 09:43 AM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I�1Q11N�I��;Ie�91C1��'I�Y�4R fJ#FYLIi�'�4�I��fil II III CRAWNaY: KIM I SHEET 102 4759458 Pages: 4 of 4 09/24/2021 09:43 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County ; CO III )!JPM PII'UIN! I'II IA 11 111 Page 24 of 27 After recording please return to: Lisa Gallegos -Thompson CenturyLink 1025 Eldorado Blvd, Broomfield, CO 80021 EASEMENT AGREEMENT The undersigned ("Grantor)", for good and valuable consideration, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to ()west Corporation, d/b/a CenturyLink OC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"), having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Service, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair, expand, replace and remove a communication system that Grantee from time to time may require, consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing boxes, vaults, surface location markers, equipment cabinets and associated wooden or concrete pads, aerial lines, poles and cables, and other facilities and structures, including utility service if required to operate such system, facilities and structures (collectively, the "Facilities ") over, under and across the following property located in the County of WELD, State of COLORADO, which Grantor owns ("Easement Tract"): SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY THIS REFERENCE MADE A PART OF, THIS AGREEMENT Grantor further grants and conveys to Grantee the following incidental rights: (1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract; and (2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use and enjoyment of the Easement Tract. Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted in this Easement Agreement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract and will not alter the surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement Tract by grading or otherwise excavating, without Grantee's written consent. Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the Easement Tract against all claims. Grantee will have no responsibility for environmental contamination unless caused by Grantee The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. 4759459 Pages: 1 of 4 09/24/2021 09:43 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I �.rAMQ��:4i�'I�I�i 1'�1�1�. �i'�r4�i NHS � fik 11111 (320,2i_ aa�9 Page 25 of 27 Executed by Grantor this 4-14" day of STATE OF COUNTY OF 00 ) ss. ) GRANTOR: By: , 2021. y'.n-1 itel2 Printed Name :Darrell Frank. Waag Title: The foregoing instrument was acknowledged before me this 4 day ofill d 20,21 by oeix (ell 20PrnK_. A.. = 3 — , of ,a My commission expires: WITNESS my ha d and official seal. Notary C OWL. 'KERN NOTARY PUBLIC STATE OF COLORADO NOTARY ID t9954t} 1 k!‘?' COMMISSION EXPIRES A 4759459 Pages: 2 of 4 09/24/2021 09:43 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO "Ill EXHIBIT A PERMANENT EASEMENT ACQUISITION A Parse of land lying In the southwest one quarter (8W114) of Section 18, Township 7 North, Range 55 West of the 0th Principe) Medellin, County of Weld, Stets of Colorado, being a portion of Parcel 1, as described under Reception Number 4184173, recorded February 29, 2015, Weld County Records, described as follows: Commencing at the southwest corner of said Section 18; thence S58'51'45"E, 74.17 feet, along the south line of the southwest one -quarter of said Section 16; thence N01.55'f rB, 30.00 het, to the north line of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence N00'30'49'W, 431.04 feet; thence N45'30'4$'1N, 4143 feat; thence $$r2P11"W,18.00 feet, to** east line of that 50 foot wide Right of Way Agreement, es described In Book 5, Page 250, Weld County Records; thence 500'30'45"E, 6.21 feet, along said east line; thence s45'30'4Y"E, 42.43 feat; thence S00'30'54"E, 425.00 het to said north line; thence 555'51'45 E,15.00 feet, along said north line, to the Point of Beginning. Mao known by street and number as: Vacant Land, Ault CO. Containing 7,108 square feet (0.163 Acres) more or less. Beals of Bearings for above description: All Bearings herein are based on the South line of the Southwest Quarter of Section 18, Township? North, Range 65 West,6th Principal Meridian, bearing South 88'51'45' East, with the South 1/4 Corner of said Section 18 being monumented by a 3-25" aluminum cep, stamped PL5 36149, end the Southwest Corner of said Section 18 being monumented by a 2-1/2' aluminum cap In a box, stamped LS 30452, 2001. KEVIN J. MARTIN PIA 04660 ►remed Or ad m Ward Mart ESN a Neneaben 2000 M. Cobs& INC Sub 6000 Denier OO, 60222 PERMANENT EASEMENT ACQUISITION 067A 21 DARRELL WAGIO WELD OWMTY, COLORADO 7 WELD COUNT( DEPARTMENT OP MUG WOWS NCR WCR27 INTERIECTKINPADJECT OROJERtNR EFL00 DA1E1R71021 I DRAWN EMIL5I I SHEET 1 d2 4759459 Pages: 3 of 4 09/24/2021 09:43 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Ie.rVRG :14KI k41 ikIV ILIkik«I�Y�IY 1I III 4759459 Pages: 4 of 4 09/24/2021 09:43 AM d Re Fee : $0.O Weld County CO Carly Koppes, ClerkIII III Inl�� Hello