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Home My WebLink About20212642.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5/27A REPLACEMENT AND AUTHORIZE CHAIR TO SIGN - C. VINCENT PHELPS TRUST 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 Easements for Public Road Improvements for Bridge 2.5/27A Replacement 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 C. Vincent Phelps Trust, commencing September 8, 2021, and ending July 22, 2022, 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 Easements for Public Road Improvements for Bridge 2.5/27A Replacement 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 C. Vincent Phelps Trust, 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 8th day of September, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditif,A) G.o�� Weld County Clerk to the Board BY: Deputy Clerk to the Boar APPRO AS ounty A : rney Date of signature: O9/17/2.1 Steve oreno, Chair Lori Sai cc ; CER./cH /Ts), 0A CO MO 2021-2642 EG0079 BOARD OF COUNTY COMMISSIONERS (` -� i 6Z5 PASS -AROUND REVIEW l� PASS -AROUND TITLE: Phelps Agreement for Purchase of Maintenance Agreement DEPARTMENT: Public Works DATE: August 30, 2021 PERSON REQUESTING: Tiffane Johnson, Public Works Brief description of the problem/issue: Weld County Road 2.5 is a maintained county road with a bridge over the Fulton Ditch that is classified as structurally deficient and functionally obsolete. Public works has been working with adjacent landowners to acquire additional rights of way and easements necessary to facilitate constructing a new bridge. The most impacted landowner on this project is Vincent Phelps who owns the property adjacent to the bridge on the north. Prior to the bridge being replaced, the construction of a temporary shoofly is needed to allow traffic to access WCR 2.5 to the west because this road now dead - ends at the UPRR tracks. This acquisition agreement is unique from our standard deed of dedication agreements because Mr. Phelps is requesting the ROW be conveyed as an exclusive permanent easement rather than ROW. Therefore, the attached agreement is for purchase of a Temporary Construction and Permanent Bridge Maintenance Easement. The PE will safely allow Operations to construct and maintain the bridge, while providing Mr. Phelps a level of comfort that he has not conveyed or set a precedent for acquisition of the future WCR 2.5 road widening. The original Offer to Purchase was made to Mr. Phelps on May 24, 2021 and included a Temporary Construction Easement consisting of 1.27 acres and Public Road Right of Way consisting of 0.074 acres for $4,612.00. Staff continued working with Mr. Phelps to address his concerns related to the bridge design. A Final offer was made to Mr. Phelps on July 14, 2021 for a Temporary Construction Easement consisting of 1.27 acres and Public Road Right of Way consisting of 0.074 acres for $5,000.00, which included an incentive to reach a voluntary agreement. On July 15, Mr. Phelps provided terms for a final settlement and indicated he retained Alderman and Bernstein LLC for legal representation. Staff continued to work with Mr. Phelps and his attorney to meet a voluntary resolution that is outlined in the attached Agreement for Purchase, Temporary Construction Easement and Bridge Maintenance Agreement. A settlement was reached with Mr. Phelps and his attorneys on August 27, 2021 for a Temporary Construction Easement consisting of 1.27 acres and Permanent Bridge Maintenance Easement consisting of 0.074 acres for $9,422.00. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve the Agreement 2. Request a work session Recommendation: Staff recommends approval of the attached Agreement and Easements and requests it to be placed on the next available BOCC agenda. Approve Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Seine Y,7 Schedule Work Sessiort Other/Comments: O/0$ 2021-2642 EG--1 00 1°1 di) at ears is' 1.2-. vE 1/4 532 -1.1N -R660" CEt'l/ 532-T1N- I Kti 1 1 i sy C. !VINCENT PHELPS TRUST 1 I I I I TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 55,333.59 sf. OR 1.27 ac.± PERMANENT EASEMENT ACQUIRED 3,231.00 sf. OR: 0.074 ac.± PI. ~t ER 6W 0 12-S1: 14 S32-77A-P66W -- rtsiki 3 Y 1-1 I I I I I 1• 1 ; -I [ 3 12 -NE 14 ie-R66UU' 1 t,t 41,$t i; ' • -, ,•V* 1944. ‘fire*akikl. • — —SEMI•ana a a — — - - e—. r- CIIAVEZ i etiliSe IG. a v • A r 3; sl • *. _i•, AL"' _J_ 30" 1 EXISTING DCP MIDSTREAM, LP REC#4082310 2-11-2015 30' (1) PIPELINE EASEMENT EXISTIHC 20' RIG}fT -OF -WAY BY USAGE £`xtSTING 30' ROW AS SHOWN ON RE -512 R£C#1865150 fit.— — — .iS=• ...?L PICKELL P. i 30' eft E l• 2 -SE 1 4 an S32nit. !� R1' P1, 441-11444‘ - r -_ 1 mai a I pi I s '; a i • 4• w w i a F,( "ler ate t I R- AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5/27A REPLACMENT BETWEEN C. VINCENT PHELPS TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this ' day of Sepi4Vnber,2021, by and between the C. VINCENT PHELPS TRUST, whose address is 15822 Duquesne Circle, Brighton, Colorado 80603 hereinafter collectively referred to as "Owner," and WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Permanent Easement" or PE), and property described in the Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to replace the existing bridge and improve roadway (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A — Form of PE, Description and Depiction Exhibit B — Form of TCE, Description and Depiction II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Nine Thousand Four Hundred Twenty -Two Dollars, ($9,422.00). a. Owner agrees to sell and County agrees to purchase at closing the Permanent Easement described and depicted on Exhibit A for the sum of One Thousand Six Hundred Twenty Dollars, ($1,620.00). b. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit B for the sum of Six Thousand Three Hundred Fifty Dollars, ($6,350.00). 4759460 Pages: 1 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO It1791 P MIN NU 1111 Page 2 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5/27A REPLACEMENT BETWEEN C. VINCENT PHELPS TRUST AND WELD COUNTY, COLORADO c. County agrees to pay One Thousand Four Hundred Fifty -Two Dollars ($1,452.00) as a cost to cure to reach a voluntary settlement. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. III. PERMANENT EASEMENT 1. Owner agrees to grant the Permanent Easement to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit A. 2. Owner shall deliver the fully executed PE to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. The PE shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. IV. TEMPORARY CONSTRUCTION EASEMENT 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 B. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. 3. The term of the TCE shall expire on July 22, 2022, except that County's rights thereunder shall automatically continue for such time as County determines necessary to complete the Project. For any use by County following July 22, 2022, other than re -seeding, County shall be liable for payment to Owner of the sum of Fifty Dollars ($50.00) per day as a penalty for the delay. 4. County will seed and re -seed the area within the boundary of the TCE as necessary until vegetation coverage is similar to the pre -Project condition. Establishment of vegetation within the boundary of the TCE requires natural precipitation and therefore possible re- seeding will not be subject to the $50.00 per day penalty beginning after July 22, 2022. V. CLOSING 1. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Permanent Easement 4759460 Pages: 2 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Page 3 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2 5127A REPLACEMENT BETWEEN C. VINCENT PHELPS TRUST AND WELD COUNTY, COLORADO and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the PE to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Permanent Easement and Temporary Construction Easement. 2. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement, the Temporary Construction Easement, and the Permanent Easement. VI. MISCELLANEOUS: 1. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. County agrees to install a temporary three (3) -strand barb wire fence with wire gate along the east line of the TCE from the east top of bank of the Fulton Ditch to the point where the TCE crosses the existing ROW fence. County will remove the temporary fence after removal of the shoofly road and construction of permanent ROW fence is complete. 3. County agrees to install a temporary 12' tube -gate north of the shoofly road for use by Owner and Fulton Irrigating Ditch Company. This gate shall be removed by County after the cattleguard is reset back to its original location after the removal of the shoofly is complete. 4. County will protect the existing head gate and dirt irrigation ditch running from the west side of the Fulton Ditch to the north side of the TCE. County will install a temporary 12" CMP culvert where the proposed shoofly road crosses the existing dirt irrigation ditch so that irrigation flows can be conveyed through the ditch during the Project. Once the shoofly road is removed, County will remove the temporary 12" CMP culvert and re-establish the dirt irrigation ditch. 5. County will remove and store Owner's existing cattle guard and gate prior to construction of the temporary shoofly road. Following removal of the temporary shoofly road, County will reset the existing cattle guard and gate in its existing location. 6. Construction of the temporary shoofly road requires partial removal of the existing barb wire fence along the north side of Weld County Road (WCR) 2.5 by County. Following 4759460 Pages: 3 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111111 Page 4 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5/27A REPLACEMENT BETWEEN C. VINCENT PHELPS TRUST AND WELD COUNTY, COLORADO removal of the temporary shoofly road, County will construct new permanent 3 -strand barb wire fence to replace the removed portions of the existing fence. 7. Where barb wire fence exists within the acquired PE shown in Exhibit A, County will remove these fences to the PE line, construct a new permanent 3 -strand barb wire fence along the PE line, and tie the newly constructed fence into the existing fence. 8. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 9. 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. 10. 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. 11. 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. 12. 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, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 13. 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 4759460 Pages: 4 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iv irdraIk+ 4 Trig IllikklIi'g, ',Mitt II II Page5of5 AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5/27A REPLACEMENT BETWEEN C. VINCENT PHELPS TRUST AND WELD COUNTY, COLORADO execution within the original intent of the parties. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: VINCELPS TRUST By: C. Vincent Phelps ATTEST: Weld BY: ty lerk to the Deputy Cle r�,�to the Boar 4759460 Pages: 5 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I�s��,l�Cf�l�l�G�G�+��'u�4 �J�It�ltl4wr�ih"iik 1I III Title: Trustee BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eno, Chair SEP 0 8 2021 PERMANENT BRIDGE MAINTENANCE EASEMENT This Permanent Easement (PE), is made this day of August 2021, between C. Vincent Phelps Trust, (referred to herein as "Owner", whether one or more), whose address is 15822 Duquesne Circle, Brighton, Colorado 80603, 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"), whose address is 1150 'O' Street, Greeley, Colorado 80631: 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 Permanent Bridge Maintenance 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. (the "Easement Area") Subject to the following terms and conditions: 1. The PE is conveyed from Owner to County for the purpose of construction and maintenance of Bridge 2.5/27A over the Fulton Ditch. Notwithstanding anything to the contrary stated herein, County shall have the right to use the Easement Area to effectuate that purpose. County's permitted uses of the Easement Area shall include, without limitation, the following: 1) to inspect, survey, test, clean, repair, construct, remove, reconstruct, replace, upgrade, and perform major and minor maintenance on the County's structures within the Easement Area; 2) access the Easement Area, including all equipment the County deems necessary or appropriate; and 3) mark the Easement Area by suitable markers set in or on the ground, provided that permanent markers shall be placed in locations that will not interfere with Owner's reserved uses. 2. Owner reserves the right to use and occupy the Easement Area for any purpose consistent with the permitted uses granted to County herein. Owner shall not fence the Easement Area or otherwise preclude County's unobstructed access to the Easement Area. Because bridge construction and maintenance can be damaging to other structures and facilities, Owner shall not construct or allow the construction of any structure within the Easement Area. Owner shall not grant, dedicate, or convey any other easement within the Easement Area, or otherwise authorize the placement of any utility or pipeline within the Easement Area, without receiving prior written approval from County. County's approval shall not be unreasonably delayed or withheld. 3. The PE is granted without any representations or warranties of title and subject to all existing easements, encumbrances and matters of record or otherwise, including, but not limited to, any interests of the Fulton Ditch Company. The obligations of Owner herein and the rights granted to County herein are subject to and qualified by this paragraph 3. 4. In the event any of the terms of this Easement are violated by a Party or by any person in privity with such Party, such violation shall be immediately corrected and eliminated upon receipt of written notice from the non - violating Party by the violating Party at the address first stated above or other address provided for in writing by such Party, and, if not corrected, the non -violating Party shall have the right to correct and eliminate such violation, and the violating Party, its successors and assigns, shall promptly pay the reasonable costs to correct said violation upon receipt of invoice or other evidence of such costs. If such violation is not corrected, the non -violating Party shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The non -violating Party reserves the right to do all acts necessary to immediately remedy any emergency that may arise within the Easement Area caused by or resulting from any such violation. 4759460 Pages: 6 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 5. In the event that County conducts any work within the Easement Area as allowed by this PE, County shall restore or repair the Easement Area to its original condition or as close thereto as practicable, including landscaping, reseeding, or other improvements, whenever the same may occur. This PE does not grant County any authorization to enter onto Owner's property outside the Easement Area without prior approval of Owner. 6. The rights granted herein shall be possessed and enjoyed by the Parties, their successors and assigns, in perpetuity. This PE shall run with the land, and Owner's subsequent conveyance of the underlying fee parcel shall be made subject to this PE. County's rights and obligations under this PE may be assigned, in County's discretion, to any municipality or other governmental entity which obtains jurisdiction over County's structures within the Easement Area. 7. The PE shall terminate upon abandonment by County or upon removal or destruction of Bridge 2.5/27A, except in the case Bridge 2.5/27A is being replaced. 8. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 9. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Owner and the covenants and promises hereinabove made as County. 10. The Parties hereto agree that this Easement shall be recorded at County's sole expense in the office of the County Clerk and Recorder in which the PE is located. IN WITNESS WHEREOF, the Parties hereto have executed this Permanent Bridge Maintenance Easement to be effective as of the mutual execution hereof. OWNER: C. Vincent Phelps, Trustee Date of Signature C. Vincent Phelps Trust COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO FORM: County Attorney 4759460 Pages: 7 of 13 0 00 R Fee:$0.00 $ Co ,I III 09/24/2021 10 :0AM WW1* W��I��iii�'I�� Carly KoppeS, Clerk and Recorder, Weld County IFAMK EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NUMBER 1471-32-1 RE -3376, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3027045 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE -QUARTER AS BEARING NORTH 89'28'57" EAST, A DISTANCE OF 1326.75 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID SOUTH LINE, NORTH 8928'57" EAST, A DISTANCE OF 140.20 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00'31'03" WEST, A DISTANCE OF 20.00 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'31'03" WEST, A DISTANCE OF 15.00 FEET; THENCE ALONG A LINE WHICH IS 35.00 FEET FROM AND PARALLEL TO THE SOUTH UNE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE -QUARTER, NORTH 89'28'57" EAST, A DISTANCE OF 215.40 FEET; THENCE SOUTH 00'31'03" EAST, A DISTANCE OF 15.00 FEET, TO A POINT ON SAID RIGHT-OF-WAY UNE; THENCE ALONG SAID RIGHT-OF-WAY LINE, BEING A LINE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'57" WEST, A DISTANCE OF 215.40 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,231.00 sf. OR 0.074 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 PERMANENT EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO r ! ._._ !LP, _rp TY Z COQ WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 I SCALE: DATE: 8-18-21 DRAWN BY: DRH SHEET: I ot'2 4759460 Pages: 8 of 13 Cary Koppes,1Cle5 and M Recorder, Weld County CO 11111M1900441I,61AlgahI+L,I'I L Iiflili'llimi,11111 EXHIBIT -A C. VINCENT PHELPS TRUST RECP.#4031343 PARCEL# 147132100091 LOT -B RE -3376 REC#3O27045, 1-27-2003 W 1/2 -NE I/4 S32 -T1 N-R66W PERMANENT EASEMENT ACQUIRED 3,231.00 sf. OR 0.074 oc.± P.0.8. L L4 P.O.C. CE 1/16 CORNER S32-T1N-R66W FND 2 1/2" ALUM. CAP PLS 38512, 2019 CHAVEZ W 1/2 -SE 1/4 S32-TIN-R66W 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. PERMANENT EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO 4759460 Pages: 9 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly�IKooppes■s,, Clerk and Recorder, Weld County , CO ,III IR�■ rl�fl�r� Is1�1 1��11�� 1f11111 I '11014 Bill LINE TABLE LINE BEARING DISTANCE L1 N89'28'57"E 140.20' L2 NO0'31'03"W 20.00' L3 NO0'31'03"W 15.00' L4 N89'28'57"E 215.40' L5 SO0'31'03"E 15.00' L6 S89'28'57"W 215.40' EXISTING DCP MIDSTREAM, LP REC.40B2310 2-11-2015 30' (1) PIPELINE EASEMENT 30' N89'28 57"E 1326.75' � NG 20' E 74 C/ - � RIGHT-OF-WAY BY USAGE S32—T1N—R66W TING 30' ROW FND 2 1/2" ALUM. AS SHOWN ON RE -512 CAP ILLEGIBLE REc/18ss150 PICKELL 20' (1) PtPEUNE EASDIENT E I/2 -SE 1/4 S32-TIN-R66W -,�yy� WELD COUNTY DEPARTMENT ><86><* OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 ISCALE: I"=200 DATE: 8-18-21 DRAWN BY: DRH SHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between C. Vincent Phelps Trust, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby grant 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 and shall commence immediately and shall expire and be of no further force or effect on July 22, 2022, except that County's rights hereunder shall automatically continue for such time as County determines necessary to complete the Project. For any use by County following July 22, 2022, other than re -seeding, County shall be liable for payment to Owner of the sum of Fifty Dollars ($50.00) per day as a penalty for the delay. Upon request of Owner, County shall deliver an executed acknowledgement of expiration and release of TCE. 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 constructing a shoofly to be used as a detour route for traffic, surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the bridge and roadway improvements, including the storage of materials related to said roadway improvements. The traveling public shall have the right to use the bridge constructed within the TCE as a detour route during the reconstruction of the existing bridge. 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. 4. 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, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of County so as to restore the Owner's property to substantially the same or better condition as existed prior to use by County. By the expiration of the TCE term, County shall restore the TCE area to its original condition and grade with grass seeded with a seed mix approved by Owner, and thereafter shall be responsible for tending such area until grass is fully established. County will seed and re -seed the area within the boundary of the TCE as necessary until vegetation coverage is similar to the pre -Project condition. Establishment of vegetation within the boundary of the TCE requires natural precipitation and therefore possible re -seeding will not be subject to the $50.00 per day penalty beginning after July 22, 2022. 5. County shall provide access to the Owner's property to and from Weld County Road (WCR) 2.5 throughout the term of the TCE at an agreed upon location. 6. Prior to commencement of any work in the TCE, County shall install a temporary three (3) -strand barb wire fence with wire gate along the east line of the TCE from the east top of bank 4759460 Pages: 10 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO MAI 111111 of the Fulton Ditch to the point where the TCE crosses the existing ROW fence. County will remove the temporary fence after removal of the shoofly road and construction of permanent ROW fence is complete. 7. Prior to commencement of any work in the TCE, County shall install a temporary 12' tube - gate north of the shoofly road for use by Owner and Fulton Irrigating Ditch Company. This gate shall be removed by County after the cattleguard is reset back to its original location after the removal of the shoofly is complete. 8. County shall protect the existing head gate and dirt irrigation ditch running from the west side of the Fulton Ditch to the north side of the TCE. Prior to commencement of any work in the TCE, County shall install a temporary 12" CMP culvert where the proposed shoofly road crosses the existing dirt irrigation ditch so that irrigation flows can be conveyed through the ditch during the Project. Once the shoofly road is removed, County shall remove the temporary 12" CMP culvert and re-establish the dirt irrigation ditch. 9. County shall remove and store Owner's existing cattle guard and gate prior to construction of the temporary shoofly road. Following removal of the temporary shoofly road, County will reset the existing cattle guard and gate in its existing location. 10. Construction of the temporary shoofly road requires partial removal of the existing barb wire fence along the north side of Weld County Road (WCR) 2.5 by County. Following removal of the temporary shoofly road, County will construct new permanent 3 -strand barb wire fence to replace the removed portions of the existing fence. Executed this day of , 2021. GRANTOR: C. Vincent Phelps Trust GRANTEE: ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: 4759460 Pages: 11 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO • I ��lL' III I A tlyite I�NCQ��I nki.P KI �' MI1141I 111 Steve Moreno, Chair EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NUMBER 1471-32-1 RE -3376, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3027045 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE -QUARTER AS BEARING NORTH 8928'57" EAST, A DISTANCE OF 1326.75 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, NORTH 00'16'56" WEST, A DISTANCE OF 20.00 FEET, TO THE NORTH RIGHT-OF-WAY UNE OF COUNTY ROAD 2.5, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID WEST UNE, AND ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING A LINE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'25'37" WEST, A DISTANCE OF 78.69 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY UNE, NORTH 62'44'40" EAST, A DISTANCE OF 255.77 FEET; THENCE ALONG A LINE PARALLEL TO AND 135.00 FEET PERPENDICULAR FROM THE SOUTH LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, NORTH 89'28'57" EAST, A DISTANCE OF 280.96 FEET; THENCE SOUTH 63'46'47 EAST, A DISTANCE OF 255.61 FEET, TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING A LINE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH UNE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'57" WEST, A DISTANCE OF 303.45 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'31'03" WEST, A DISTANCE OF 15.00 FEET; THENCE ALONG A UNE PARALLEL TO AND 35.00 FEET PERPENDICULAR FROM THE SOUTH LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'57" WEST, A DISTANCE OF 215.40 FEET; THENCE SOUTH 00'31'03" EAST, A DISTANCE OF 15.00 FEET, TO SAID NORTH RIGHT-OF-WAY UNE; THENCE ALONG SAID NORTH RIGHT-OF-WAY UNE, BEING A LINE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH UNE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'57" WEST, A DISTANCE OF 140.12 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,333.59 sf. OR 1.27 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO tj Lr Tr ►u ft T C WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 'SCALE: DATE: 5-18-2! DRAWN BY: ORR SHEET: I ol'2 4759460 Pages: 12 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO viii .1117:II AaIANNIu INN rgikIV a ii III EXHIBIT -B W l/2 -NE 1/4 S32-TIN-R66W C. (VINCENT PHELPS TRUST RECP.#4031343 (PARCEL# 147132100091 LOT -B RE -3376 REC#3027045, 1-27-2003 E 1/2 -NE I/4 S32-TI,N-86611` TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 55,333.59 sf. OR 1.27 ac.± L4 P.Q.C. P.O.B. CE 1/16 CORNER 532-T1N-R66W FND 2 1/2" ALUM. CAP PLS 38512, 2019 BURR W I/2 -SE 114 532-TIN-R66W CHAVEZ NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO LINE TABLE LINE BEARING DISTANCE Lt NOO'16'56"W 20.00' L2 S89'25'37"W 78.69' L3 N62'44'40"E 255.77' L4 N89'28'57"E 280.96' L5 $63'46'47"E 255.61' L6 S89'28'57"W 303.45' L7 NO0'31'03"W 15.00' L8 589'28'57'W 215.40' L9 SO0'31'03"E 15.00' L10 S89'28'57"W 140.12' EXISTING DCP MIDSTREAM, LP REC04082310 2-11-2015 5 30' (1) PIPELINE EASEMENT - -- ry N89 28'57" arSTING 20' _ RIGHT-OF-WAY BY USAGE EXISTING 30' ROW AS SHOWN ON RE -512 REC11868150 Ott MIDS1REAM, LP RE0 4052488 10-08-2014 20' (1) PIPELINE EASEMENT E 1/2 -SE 1/4 532-TIN-R66W 4759460 Pages: 13 of 13 09/24/2021 10:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I��l:R4 �I��I IJ44 h�'�Y�.w�hhb E��ti��ii �I III E __1326.75' S32—T1N—R66W FND 2 1/2" ALUM. CAP ILLEGIBLE PICKELL WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 DATE: 5-18-21 SCALE: l"=200 DRAWN BY: DR-IISHEET: 2 ot'2 Contract Form New Contract Request Entity Information Entity Name C VINCENT PHELPS TRUST Entity ID* O044429 Contract Name* AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5,27 A Contract Status CTB REVIEW Contract ID 5232 Contract Lead* TVJOHNSON Contract Lead Email tvjohnsonco.weld.co.us Parent Contract ID Requires Board YES Department Project # Contract Description* AGREEMENT FOR THE PURCHASE OF CERTAIN EASEMENTS FOR PUBLIC ROAD IMPROVEMENTS FOR BRIDGE 2.5±27A REPLACMENT BETWEEN C. VINCENT PHELPS TRUST AND WELD COUNTY, COLORADO Contract Description 2 PASS AROUND APPROVED AUGUST 31,2021 Contract Type AGREEMENT Amount* S9,422.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorksweldgov.corn De ent Head Email CM-Publir_Works- DeptHead weldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY,WELDG OV.COM If this is a renenter previous Contract ID Requested BOCC Agenda Date* 09?'08.;2021 Due Date 09,'04, 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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 05 01 2022 Termination Notice Period Committed Delivery Date Expiration Date k 07 22,'2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ELIZABETH RELFORD DH Approved Date 09'02,'2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09,08:2021 Originator T"JOHNSON Contact Type Contact Email Finance Approver CHRIS D'OV1DIO Contact Phone 1 Purchasing Approved Date Finance Approved Date 09 02 2021 Tyler Ref # AG090821 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 09 02.2021 MEMORANDUM TO: Clerk to the Board DATE: September 22, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda Items CONTRACT ID: 5232 DOCKET ID: 2021-2642 RE: BRIDGE 2.5/27A BRIDGE REPLACMENT Please place the attached easements on the next Consent Agenda for acceptance by the BOCC. The Grant of Temporary Construction Easement and the Permanent Bridge Maintenance Easement were approved for purchase for the Bridge 2.5/27A bridge replacement. The Agreement for Purchase of said easements was approved by the BOCC in Agreement for Purchase Dated September 8, 2021. Cantau-k- O9 /1-11202-1 cc: PWCT.T) Illl7/2l ZOZl-z s1Z EC 6019 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (ICE), is made between C. Vincent Phelps Trust, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby grant 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 and shall commence immediately and shall expire and be of no further force or effect on July 22, 2022, except that County's rights hereunder shall automatically continue for such time as County determines necessary to complete the Project. For any use by County following July 22, 2022, other than re -seeding, County shall be liable for payment to Owner of the sum of Fifty Dollars ($50.00) per day as a penalty for the delay. Upon request of Owner, County shall deliver an executed acknowledgement of expiration and release of TCE. 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 constructing a shoofly to be used as a detour route for traffic, surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the bridge and roadway improvements, including the storage of materials related to said roadway improvements. The traveling public shall have the right to use the bridge constructed within the TCE as a detour route during the reconstruction of the existing bridge. 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. 4. 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, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of County so as to restore the Owner's property to substantially the same or better condition as existed prior to use by County. By the expiration of the TCE term, County shall restore the TCE area to its original condition and grade with grass seeded with a seed mix approved by Owner, and thereafter shall be responsible for tending such area until grass is fully established. County will seed and re -seed the area within the boundary of the TCE as necessary until vegetation coverage is similar to the pre -Project condition. Establishment of vegetation within the boundary of the TCE requires natural precipitation and therefore possible re -seeding will not be subject to the $50.00 per day penalty beginning after July 22, 2022. 5. County shall provide access to the Owner's property to and from. Weld County Road (WCR) 2.5 throughout the term of the TCE at an agreed upon location. 6. Prior to commencement of any work in the TCE, County shall install a temporary three (3) -strand barb wire fence with wire gate along the east line of the TCE from the east top of bank aoai-��a-1 of the Fulton Ditch to the point where the TCE crosses the existing ROW fence. County will remove the temporary fence after removal of the shoofly road and construction of permanent ROW fence is complete. 7. Prior to commencement of any work in the TCE, County shall install a temporary 12' tube - gate north of the shoofly road for use by Owner and Fulton Irrigating Ditch Company. This gate shall be removed by County after the cattleguard is reset back to its original location after the removal of the shoofly is complete. 8. County shall protect the existing head gate and dirt irrigation ditch running from the west side of the Fulton Ditch to the north side of the TCE. Prior to commencement of any work in the TCE, County shall install a temporary 12" CMP culvert where the proposed shoofly road crosses the existing dirt irrigation ditch so that irrigation flows can be conveyed through the ditch during the Project. Once the shoofly road is removed, County shall remove the temporary 12" CMP culvert and re-establish the dirt irrigation ditch. 9. County shall remove and store Owner's existing cattle guard and gate prior to construction of the temporary shoofly road. Following removal of the temporary shoofly road, County will reset the existing cattle guard and gate in its existing location. 10. Construction of the temporary shoofly road requires partial removal of the existing barb wire fence along the north side of Weld County Road (WCR) 2.5 by County. Following removal of the temporary shoofly road, County will construct new permanent 3 -strand barb wire fence to replace the removed portions of the existing fence. Executed this(day of . r 2021. C. Vi '• Phelps Trust GRANTEE: (� ATTEST:? ) "�'F 140;4 Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD C , COLORADO Steve Moreno, Chair SEP 2 7 2021 EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELO, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NUMBER 1471-32-1 RE -3376, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3027045 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 32. TOWNSHIP 1 NORTH, RANGE 66 WEST. DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE -QUARTER AS BEARING NORTH 89'28'57" EAST, A DISTANCE OF 1326.75 FEET. TO THE EAST ONE -QUARTER CORNER OF SECTION 32. TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, NORTH 00'16'56" WEST, A DISTANCE OF 20.00 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5, SAID POINT BEING THE TRUE egszlEitganta THENCE DEPARTING SAID WEST LINE, AND ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING A LINE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH UNE OF THE WEST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89-25'3? WEST, A DISTANCE OF 78.89 FEET; THENCE DEPARTING SAD NORTH RIGHT-OF-WAY LINE, NORTH 62'44'40" EAST, A DISTANCE OF 255.77 FEET; THENCE ALONG A UNE PARALLEL TO AND 135.00 FEET PERPENDICULAR FROM THE SOUTH LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAD SECTION 32, NORTH 89'28'57" EAST, A DISTANCE OF 280.96 FEET; THENCE SOUTH 63'48'4? EAST, A DISTANCE OF 255.61 FEET, TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY UNE, BEING A UNE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH UNE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'57" WEST. A DISTANCE OF 303.45 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY UNE. NORTH 0031'03" WEST, A DISTANCE OF 15.00 FEET; THENCE ALONG A LINE PARALLEL TO AND 35.00 FEET PERPENDICULAR FROM THE SOUTH LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'57" WEST. A DISTANCE OF 215.40 FEET; THENCE SOUTH 00'31'03" EAST, A DISTANCE OF 15.00 FEET, TO SAID NORTH RIGHT-OF-WAY UNE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE. BEING A LINE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH UNE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32. SOUTH 89'2B'57 WEST, A DISTANCE OF 140.12 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,333.59 sf. OR 1.27 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLIES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 SCALE: DATE: 5•IB-21 DRAWN BY:DRH SHEET: I oft EXHIBIT -B I LINE BEAR1N DISTANCE C. (VINCENT PHELPS TRUST Li N0o-16'54 W 20.00' ' 2 S8915'37 W 7849' RECP.#4031343 - L3 N62.44'40*E 255.77' PARCEL#147132100091 L4 Nfi9'28'57`E 280.96' L 7S63'46'4E 255.61 LOT -B RE -3376 Z L6 S89713 57} W 303.45 W I2 -NE 114 I REC#3027045, 1-27-2003 L7 N00'31'03"W 15.00' £32-TIN-R66W L8 $69'28'57"'W 215.40' E1,2 -NE I A1 x L9 SO0'31'0.3 E 15.00' 512-ON-R66W 1.10 589'28'57'W 140.12' TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 55,333.59 at OR 1.27 ac. EXANG L4 D STR N4, LP L3 ad 0(1) PIPELINE EMENI71T -":2-1152=7::::-- I1326_.75 . _.... .« P.O.C.P.U.B. _ CE 1/16 t 2f1 RIGNT-0E-WAY E 1/4 S32-TIN-R66W 9 BY USAGE 632-1114-4166W FND 2 I/2" ALUM. CAP ' i Wp 30 ROW ND 2 1/2" PO 36512. 2019 AS SHOWN ON RE -312 CAP ILLEGIBLE BURR j CHAVEZ ₹ REC0, 11140 ! ; PICKELL ALUM. + IRRIREAY. LP ta�-6 I! WI 0) MIME EAW T W 1/2 -SE 1/4 " E 1/2 SE 1/4 531-TIN-R66W S32-TIN-R66W et R i4 NOTE THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION ° 3861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO �► L 1 PROJECT N0: BIL-73 (SCALE I"=200 DATE: 5-18-21 DRAWN BY:OEN SHEET: 2 art PERMANENT BRIDGE MAINTENANCE EASEMENT This Permanent Easement (PE), is made this ri day of .S20.2021, between C. Vincent Phelps Trust, (referred to herein as "Owner", whether one or more), whose address is 15822 Duquesne Circle, Brighton, Colorado 80603, 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"), whose address is 1150 'O' Street, Greeley, Colorado 80631: 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 Permanent Bridge Maintenance 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. (the "Easement Area") Subject to the following terms and conditions: 1. The PE is conveyed from Owner to County for the purpose of construction and maintenance of Bridge 2.5/27A over the Fulton Ditch. Notwithstanding anything to the contrary stated herein, County shall have the right to use the Easement Area to effectuate that purpose. County's permitted uses of the Easement Area shall include, without limitation, the following: 1) to inspect, survey, test, clean, repair, construct, remove, reconstruct, replace, upgrade, and perform major and minor maintenance on the County's structures within the Easement Area; 2) access the Easement Area, including all equipment the County deems necessary or appropriate; and 3) mark the Easement Area by suitable markers set in or on the ground, provided that permanent markers shall be placed in locations that will not interfere with Owner's reserved uses. 2. Owner reserves the right to use and occupy the Easement Area for any purpose consistent with the permitted uses granted to County herein. Owner shall not fence the Easement Area or otherwise preclude County's unobstructed access to the Easement Area. Because bridge construction and maintenance can be damaging to other structures and facilities, Owner shall not construct or allow the construction of any structure within the Easement Area. Owner shall not grant, dedicate, or convey any other easement within the Easement Area, or otherwise authorize the placement of any utility or pipeline within the Easement Area, without receiving prior written approval from County. County's approval shall not be unreasonably delayed or withheld. 3. The PE is granted without any representations or warranties of title and subject to all existing easements, encumbrances and matters of record or otherwise, including, but not limited to, any interests of the Fulton Ditch Company. The obligations of Owner herein and the rights granted to County herein are subject to and qualified by this paragraph 3. 4. In the event any of the terms of this Easement are violated by a Party or by any person in privity with such Party, such violation shall be immediately corrected and eliminated upon receipt of written notice from the non - violating Party by the violating Party at the address first stated above or other address provided for in writing by such Party, and, if not corrected, the non -violating Party shall have the right to correct and eliminate such violation, and the violating Party, its successors and assigns, shall promptly pay the reasonable costs to correct said violation upon receipt of invoice or other evidence of such costs. If such violation is not corrected, the non -violating Party shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The non -violating Party reserves the right to do all acts necessary to immediately remedy any emergency that may arise within the Easement Area caused by or resulting from any such violation. 4764233 Pages: 1 of 4 10/08/2021 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co "Ill 5. In the event that County conducts any work within the Easement Area as allowed by this PE, County shall restore or repair the Easement Area to its original condition or as close thereto as practicable, including landscaping, reseeding, or other improvements, whenever the same may occur. This PE does not grant County any authorization to enter onto Owner's property outside the Easement Area without prior approval of Owner. 6. The rights granted herein shall be possessed and enjoyed by the Parties, their successors and assigns, in perpetuity. This PE shall run with the land, and Owner's subsequent conveyance of the underlying fee parcel shall be made subject to this PE. County's rights and obligations under this PE may be assigned, in County's discretion, to any municipality or other governmental entity which obtains jurisdiction over County's structures within the Easement Area. 7. The PE shall terminate upon abandonment by County or upon removal or destruction of Bridge 2.5/27A, except in the case Bridge 2.5/27A is being replaced. 8. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 9. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Owner and the covenants and promises hereinabove made as County. 10. The Parties hereto agree that this Easement shall be recorded at County's sole expense in the office of the County Clerk and Recorder in which the PE is located. IN WITNESS WHEREOF, the Parties hereto have executed this Permanent Bridge Maintenance Easement to be eft'ecti as of the mutual execution hereof. OWNER: C. C. Vincent Phelps Trust COUNTY ATTEST.. /f / "• °� R Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COTY, COLORADO Steve Moreno, Chair SEP 2 7 2021 BY Deputy Cler 4764233 Pages: 2 of 4 10/08/2021 110:14 All R Fuee:$�0�.00M Carly ;oPP8s, Clerk and o�7��I 11tl�lcf'�e[iT��t�1��nftrfTT<tl� III I I III room apa,-aco�a - EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 32. TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NUMBER 1471-32-1 RE -3376, FLED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3027045 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: gleatiONG AT THE CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST. DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE -QUARTER AS BEARING NORTH 89'28'57' EAST, A DISTANCE OF 1326.75 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 1 NORTH. RANGE 66 WEST. ALSO DESCRIBED AS SHOWN: THENCE ALONG SAID SOUTH LINE, NORTH 89'28'57" EAST. A DISTANCE OF 140.20 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00'31'03" WEST. A DISTANCE OF 20.00 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY UNE OF COUNTY ROAD 2.5, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE DEPARTING SAID RIGHT-OF-WAY LINE. NORTH 00'31'03" WEST, A DISTANCE OF 15.00 FEET; THENCE ALONG A LINE WHICH IS 35.00 FEET FROM AND PARALLEL TO THE SOUTH UNE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE -QUARTER. NORTH 8928'57" EAST, A DISTANCE OF 215.40 FEET; THENCE SOUTH 00'31'03" EAST. A DISTANCE OF 15.00 FEET, TO A POINT ON SAID RIGHT-OF-WAY UNE; THENCE ALONG SAID RIGHT-OF-WAY UNE, BEING A UNE PARALLEL TO AND 20.00 FEET PERPENDICULAR FROM THE SOUTH UNE OF THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 89'28'5T WEST. A DISTANCE OF 215.40 FEET, TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 3.231.00 sf. OR 0.074 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY. COLORADO. DANIEL R. HOLMES PLS 38213 PERMANENT EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO 4764233 Pages: 3 of 4 10/08/2021 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO viii�er��+�ci,�c,�IrI�N {1�4 �lis� "Ill WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BR. -73 SCALE; DATE: B-IB-21 DRAWN BY:DRH SHEET: I oft EXHIBIT -A C.IVINCENT PHELPS TRUST RECP.#4031343 PARCEL# 147132100091 LOT -B RE -3376 RECe3O27045, 1-27-2003 W 1 /2 -NE 1/4 S32 -T1 N-R66W PERMANENT EASEMENT ACQUIRED 3,231.00 if. Of; 0.074 oc. P.O.C. CE 1/16 CORNER 532-TIN-R66W FRO 2 1/2- ALUM. CAP PLS 39512, 2019 BURR W I /2SE 1/4 532-TIN-R66W E I/2 -NE 1/4 S32-TIN-R66W I - z 0 I[I EiMaii271 t Wan" in IMEIWin EVEN PEI .44 t 1t OCP� De51REAM. LP 10 2-/ -2015 30' (1) PPEUNE (ASIAIIT� P.0.0. L 30 CHAVEZ NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. R IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT EASEMENT ACQUISITION C. VINCENT PHELPS TRUST WELD COUNTY, COLORADO 4764233 Pages: 4 of 4 10/08/2021 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO li1i k' 111111 23031556 20' MONT-OF-WAY WY USAGE fxSMO 3o' ROW AS SNONN ON RE -512 REglesalso m -(s >Iu• Kt (I) rstaRl[ GW1d1T E 1/2 -SE 1/4 S32-TIN-R66W 275E 1/4 532-1Reeve FND 2 11/ALUM. CAP ILLEGIBLE PICKELL WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL•73 SCALE: 1•=2W DATE: 8-18-21 DRAWN BY: 01*1 SHEET: 2 of 2 Hello