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HomeMy WebLinkAbout20212927.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR COUNTY ROADS 41 AND 66 INTERSECTION IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN - FIVE M FARM CO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Certain Property for the County Roads 41 and 66 Intersection Improvements Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Five M Farm Co., with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Certain Property for the County Roads 41 and 66 Intersection Improvements Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Five M Farm Co., 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 18th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the APP rn tci Deputy Clerk to th ounty Attorney Date of signature: �Dl zCP' te)Z/ Stever oreno, Chair S-: mes, Pr. Perry L. Bk Mike Freeman C c ; Pi(ER/cH/CK) Y/21 2021-2927 EG0079 Contvad l ipii52513 MEMORANDUM TO: Esther Gesick, CTB DATE: October 6, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement from Five M Farms for ROW and Easements on the CR 66 & CR 41 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the purchase of ROW, permanent construction easement, and temporary construction easement located on the along the south side of the CR 66 west of CR 41. The agreement and offer were reviewed by the BOCC in a pass around that was returned on September 1, 2021. All five commissioners approved the recommendation to offer Five M Farms for an amount not to exceed $42,900.00. Public Works has included the acquisition of this property in its 2021 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. Page I of I M:\ —Active Projects\WCR 66 and WCR 41 Intersection\Design\ROW\5 M Farms\Purchase Agreement\5M Farms PSA Memo to CTB.< 2021-2927 Vig BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition Offer for 5M Farm's Property DEPARTMENT: Public Works DATE: August 31, 2021 PERSON REQUESTING: Clay Kimmi Brief description of the problemlissue: On July 19, 2021, the Board authorized Public Works to offer 5M Farm an initial offer of $22,600 and gave us the ability to negotiate up to $30,000. On August 25, 2021, the attorney for 5M Farm presented a counteroffer to the County. The counteroffer was for $42,500. After reviewing the counteroffer and speaking with the 5M Farm's attorney, it was determined that they were asking for an increased amount in the value of the DCP easement which must be obtained on the property. 5M Farm requested that we pay the same price that DCP would have offered had DCP been requesting the easement. After discussions with DCP, it was determined that DCP would have paid $25/lineal foot for an easement. Since the easement is approximately 700 feet long, DCP would have paid $17,500 for the easement. Our original offer was for $4,963.40 for the DCP easement which was based on the appraised value of $7,800/ac. 5M Farm has also request that a few minor changes be done to the North Weld County Water District easement. These changes have been forwarded to the District and the County is waiting on their response. The County Attorney's office reviewed the 5M Farm's counteroffer and was agreeable to all the various changes including the increase in price for the DCP easement. After adjusting the original offer to address the 5M Farm's request, the new total for the counteroffer would become $42,900 (rounded). It is $400 higher than the 5M Farm's counteroffer due to a mathematical error in their attorney's calculations. The 5M Farm's attorney has indicated that they will accept a revised offer of $42,900 from the County. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The BOCC can opt to offer the landowner a revised counteroffer of $42,900 based on: 1. The price that DCP would have offered for the easement. All the other values from the initial offer to 5M Farm would stay unchanged. 2. The BOCC could ask for a work session to gain more information. Recommendation: Public Works recommends Option 1 which is offering the value of our initial offer plus the amount DCP would have paid for an easement on the property. Approve Schedule Reco endation Work Session Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Other/Comments: Page 1 of 73 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN FIVE M FARMS, CO AND WELD COUNTY, COLORADO THIS AGREEMENT is made this ISi4''day of Ge,WJt✓ , 2021, by Five M Farm Co, a Colorado Corporation whose address is 20295 CR 66, Greeley, CO 80631 hereinafter referred to as "Owner" (whether one or more), and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property containing property interests described in the attached Exhibit A and Exhibit B (Right -of -Way or ROW), Exhibit C and Exhibit D (Permanent Easement or PE), and property described in Exhibit E, Exhibit F and Exhibit G (Temporary Construction Easement or TCE), which are hereinafter referred to collectively as the "Property", and as WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 41 (hereinafter "WCR 41"), and Weld County Road 66 (hereinafter "WCR 66"), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires additional public road right-of-way ("ROW') from the Property for the benefit of County to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. • Exhibit A — ROW Deed of Dedication form, legal description, and depiction of parcel RW-9 • Exhibit B — ROW Deed of Dedication form, legal description, and depiction of parcel RW-9A • Exhibit C — Permanent Easement form, legal descriptions, and depictions of parcel PE -9 for DCP • Exhibit D — Permanent Easement form, legal description, and depiction of parcel PE -9A for North Weld County Water District • Exhibit E — Temporary Easement form, legal description, and depiction of parcel TCE-9 • Exhibit F — Temporary Easement form, legal description, and depiction of parcel TCE- 9A • Exhibit G — Temporary Easement form, legal description, and depiction of parcel TCE- 10 II. COMPENSATION; PROPERTY CONVEYANCE 4769031 Pages: 1 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO rfnlLr' arermi L nixr ri T l' I um az�r..a9a7 Page 2 of 73 1. Total compensation to be paid by County to Owner, as described below, is forty-two thousand nine hundred dollars and no cents ($42,900.00) (rounded). a. Owner agrees to sell at closing and County agrees to purchase at closing the Public Road Right -of -Way parcels described and depicted on Exhibit A and Exhibit B for the sum of Twelve thousand three hundred forty dollars and ninety cents, ($12,340.90). b. Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Easement described on Exhibit C for the sum of twenty two thousand seven hundred fifty dollars and no cents ($22,750.00). c. Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Easement described on Exhibit D for the sum of two thousand, five hundred twenty four dollars and eighty six cents ($2,524.86) d. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easements described on Exhibit E, Exhibit F and Exhibit G for the sum of one thousand two hundred seventy-seven dollars and ninety cents, ($1,277.90). e. Owner agrees at closing that County will pre -pay for 2 seasons of potential crop loss for approximately 2.45 acres of grain corn in the sum of three thousand nine hundred eighty dollars and no cents, ($3,980.00). 2. In accordance with the terms of ExhibitA and Exhibit B, the Deed of Dedication shall not be valid until approved and accepted by the Board of County Commissioners. 3. County shall be entitled to take possession of the property interests described at closing. 4. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. III. PERMANENT EASEMENT(S) 1. Owner agrees to grant Permanent Easements (PEs) to DCP and North Weld County Water District covering all property described and depicted in, and subject to the terms provided in Exhibit C and Exhibit D. Owner shall deliver the fully executed Pes at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 4769031 Pages: 2 of 73 10/25/2021 11:33 AM R Fee:$0•00 Carly Koppes, Clerk and Recorder, Weld County Co ��llIkr.trAllillJ IR.I'lftig'ili NWliniaWkh III III Page 3 of 73 1. Owner hereby grants Temporary Construction Easements (TCEs) to the County covering all property described and depicted in, and subject to the terms provided in Exhibit E, Exhibit F and Exhibit G. 2. Owner shall not interfere with County's authorized use of the TCEs during the term of the TCE. V. CLOSING 1. Owner shall convey the property interests described above subject to all encumbrances of record, 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. Owner shall pay any monetary encumbrance associated with the Public ROW, PE, and TCE interests which is required to be paid, including, but not limited to, a prorated amount of the property taxes (if applicable), and any past due property taxes (including special assessments and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication and PEs. 3. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Property. 4. County shall pay all fees associated with recording this Agreement and / or the Exhibits. VI. MISCELLANEOUS 1. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in 4769031 Pages: 3 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I �.rC'�i+4'�� 11111 Page 4 of 73 this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by all parties. 6. Colorado law, rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and/or regulations shall be null and void. In the event of a legal dispute between parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 8. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9. Conveyances of the property and property interests described herein by Owner are made in lieu of County instituting eminent domain proceedings to acquire said property and property interests. VII. ACKNOWLEDGMENT. 1. County and Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Each has had an opportunity to seek legal counsel in relation to the obligations required by this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 4768031 Pages: 4 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII1����J�14�«�ICII�r�litir�4�'Ik'��I�"IL��l4Mi'W�h iI III Page 5 of 73 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER Five M Farm, Co., Colorado Corp ration 4-7 Signature Date COUNTY ATTEST: Wel • ounty Clerk to the : oard W.eirdt.4) 4769031 Pages: 5 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO uili I ��� IVilil ��'i',P�'�'11�4�fg'�I�GIi'i�Ihili'Y i II III BOARD OF COUNTY COMMISSIONERS WELD COUNTY teven Moreno, Chair OCT 1 8 2021 o _02902 7 EXHIBIT A ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-9 4769031 Pages: 6 of 73 100 Ca lygKopp1 es,11:33 Clerk aM R d Recorder,,OWed County , CO1111 yfrtNXILIiiii MIS I� h+ I��I: ii L all mull I DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2021, between Five M Farm CO, a Colorado Corporation whose address is 20295 CR 66, Greeley, CO 80631 (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibits. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: FIVE M FARM CO. As STATE OF ARIZONA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. Notary Public ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2- 201(1)(a). Page 7 of 73 4769031 Pages: 7 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III EXHIBIT I O O ROW_ + 0 O 0 .--1 a I P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) Section Line PO F',flV ROW ---- r. 0 i rdQ► ►:OtiW ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N03°59'25"W 475.57' (to P.OC.) W. UNE N W1 /4, S.28, TO6N, R65W STA: 508+99 68' OFF: 46.70'R P.O.B. RVI,-9 S09°24'12"E 258 09' N00°22125.1/1/ 807.45' RW-9 = 26,241 S.F.± RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO SEE SHEET 2 K 4769031 Pages: 8 of 73 10/25/2021 11:33 AM Recorder, e50 W0 Weld County CO Ca K Clerk N. LINE NW1 /4, N W1 /4 S.28, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 R ►W- Row ROW ----ter, -- RO'.,—�'R'.C S87°19'35"E 1332.54' R SW1 /4 S.21, TO6N, R65W W.C.R. 66 ktiVV WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE FIVE M FARM CO PARC.#080328000079 RECPII/ 2131324 WD, 2-18-1988 0 NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL UT UT NOTIFCATIC'N CENTER OF C �_ ADO 180 CALL 2-BU� _ LAY .I. ADVANCE BEFORE YOU DIG. GRACE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTtiTIES COUNTY inFU�1tkAll�atir'14PY�P�IiihlR�liV�h�}WYiFi.4�Y�1 �IIII 100 33654 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS Project No ate: 07/14/2021 WCR66&41 INTERSECTION PROJECT Drawn by CGG EXHIBIT 0 0 0 73 xi 0 0 C i 0 O 0- + c LO N- O co 0 oT Z i Co fl O 5 O 0 O 0 i r•-• to Cr) co Co SEE SHEET 1 S09°24'12"E 258.09' STA: 506+42.69 OFF: 73 54'R WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE RW-9 = 26,241 S.F.± W. LINE N W1 /4, S.28, T06N, R65W STA: 502+49.95 OFF: 68.69'R STA: 500+93.6. OFF: 21.15'R EXISTING 6O' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND ;SURVEY OR LAND SURVEY PLAT. IT IS =INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 4769031 Pages: 9 of 73 10/25/2021 11:33 Clerk e AM d R Recorder, Weld County CO Carly Koppes. III 111 W)'!1K11"R+ii!k!'J1MPV 9 NW1/4 /4 S.28, T06N, R65W . At__ _iT LII + YOTIFr: ^-r.cTrc nr LORA70 18411 CALL 2 -BUSINESS L.- •-• IN AEWANCE BEFORE YOU DIG, URALt. OR EXCAVATE FOR THE. MARKING OF UNDERGROUND MEMBER UT LIT ES 100 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS 'protect Nn Date: 07/14/2021 WC R 66 & 41 INTERSECTION PROJECT Drawn by CGE, Scale: 1"= 100' Sheet 2 of Section Line ROW----- ROW----- ROW--- ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 ROW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NO3)59'25"W 475.57' (to P.O.C) W. LINE N W1 /4, S.28, T06N, R65W STA: 508+99.68' OFF 46.70'R P.O.B. RW-9 S09`'24' 12"E 258.09' N00°22'25"W 807.45' RW-9 = 26,241 S.F.± SEE SHEET 2 RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO EXHIBIT N. LINE N W1 /4, N W1 /4 S.28, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW-.RO'V 587°19'35"E SW1 /4 S.21, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE FIVE M FARM. CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL UT1LI T Y NOTIFICATION CENTER OF COLORADO CALL 2-BUSiNESS DAYS IN ADVANCE BEFORE YOU DIG GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIUTIES couNTY I i 33654 ; 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS Project No te: 07/14/2021 WCR66&41 INTERSECTION PROJECT Drawn by CGG Sheet 1 of 3 4769031 Pages: 10 of 73 �0 10/25/2021 11:33 AM R Fee:$0. County Co Carly Koppes, Clerk and Recorder, Weld CounIt III 1111 Matti!!i 34,61114A 111,F41 �!� Ilk EXHIBIT 5 I O 70 0 x 0 0 0 ti J C 0 0 7 0 z 0 0 0 O O ak. 0 w N N N t0 O k,p O N Ln O cfl O O } O In It)N N O 0— M . O in ref d' C]C U 4- I Section line b) h tri C) Co w co SEE SHEET 1 S09`'24' 12"E 258.09' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN -TX. PLAN CENTERLINE RW-9 = 26,241 S.F.± W. LINE NM /4, S.28, T06N, R65W STA: 500+93 67' OFF- 21 15'R EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 0 NW1 /4 S.28, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO 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. CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 200 FEET RIGHT OF WAY ACQUISITION RW-9 FIVE M FARM CO WELD COUNTY, COLORADO �.�` 18 6 i ��- 4769031 Pages: 11 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO CO NTY III )jP' ,1!Ii,'P%I 1'I'IK I'ah14iril I'.'fl ivil BIM WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 ate. 07/14/2021 Drawn by Scale: 1 "=10G' 'v flJ r Sheet 2 of 3 EXHIBI r DESCRIPTION A parcel of land. No. RW-9, Weld County Project No. GR 45 containing 26,241 sq. ft. (0.602 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th P rincipal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29. Township 06 North. Range 65 West, of the 6th P rincipal Meridian, thence S 00° 22' 25" E, along the West line of said Northwest quarter, a distance of 474.62 feet, thence N 89° 37' 35' E, perpendicular to said West line, a distance of 30.00 to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6. 1874 being 60 feet in width, 30 feet on both sides of said West line common to said Sections 28 and 29, and also being opposite and 46.70 feet Right of Engineer's Station 508+99.68 and the POINT OF BEGINNING. Thence S 09° 24' 12" E, departing said East right of way line, a distance of 258.09 feet to a point opposite and 73.54 feet Right of Engineer's Station 506+42.69; Thence S 010 21' 18" E. a distance of 395.79 feet to a point opposite and 68.69 feet Right of Engineer's Station 502+49.95; Thence S 16° 24' 17" W. to said East right of way line, a distance of 163.80 feet to a point opposite and 21.15 feet Right of Engineer's Station 500+93.67; Thence N 00° 22' 25" W, along said East right of way line, a distance of 807.45 feet to the POINT OF BEGINNING; whence the point of commencement bears N 03° 59' 25" W, a cistance of 475.57 feet. The above described parcel contains 26,241 sq. ft. (0.602 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10345'13"W from CHARN point "CDOT MILE POST 270 44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy N etwork (CHARN ) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza. Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-9 FIVE M FARM CO WELD COUNTY, COLORADO 186 I, GO 4769031 Pages: 12 of 73 10/25/2021 11:33 AM d P Fee: $0.0 d County CO Carly Koppes, Clerk ,LIII III 10F0114101110111MI,Alitrallalgarl0 di NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT ro:ect No GR 45 )ate: 07/14/2021 Scale: 1"=100' Drawn by CGG Sheet 3 of EXHIBIT B ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-9A Page 13 of 73 4769031 Pages: 13 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIIII�r;l ki i4ili��I�Rk�ii� liKllii rid iiii 11111 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2021, between Five M Farm CO, a Colorado Corporation whose address is 20295 CR 66, Greeley, CO 80631 (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibits. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: FIVE M FARM CO As STATE OF ARIZONA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. Notary Public ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2- 201(1)(a). Page 14 of 73 4769031 Pages: 14 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ���� Kink Ilide hilh Mkt tl II EXHIBIT 15+00 SEE SHEET 2 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N86°37'26"W 1,631.12' (to P.O.C.) 136+0O36+2/ S87' 19'35"E 1,599.89' S89°22'32"W 352.24' RW-9A = 26,797 S.F.± ;ALL l i LEI NL I IFICAT ICN e '..Ti-, OF CO_ORADO CALL 2-8I1SNESS 7)AY5 F. ADVANCE 3FFORE YOU r6iG, GRADi . OR EXCAVATE FOR THE MARKING OF JrCDERGRO JND MTBER uTLITirS Q 100 ROW SW1 /4 S.21, TO6N, R65W ROW+. ROti__ ROW Section Line Row STA: 136+26.90' OFF: 17.80'R P.O.B. RW-9A uott; 1 Row S87°19'35"F 1332.53' Han N. LINE NE1/4, N W1 /4 S.28, TO6N, R65W FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 •• • WCR 66 , RIGHT OF WAY ACQUISITION RW-OA FIVE M FARM CO WELD COUNTY, COLORADO If A- Ar COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No GR 45 kale: 1"=100' Date: 07/14/2021 Drawn by: CO':_-; Sheet 1 of 5 4769031 Pages: 15 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County CO EXHIBIT I ftOW- rZC p WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE '128+000w Section fine N86°01 '25"W 702.91' SEE SHEET 3 N. LINE N W1 /4, NW 1/4 S.28, T06N, R65W '„,„ or ROvt 129+00 N87'10'01 -W 175 63' CALF U'i iTv NOT IF CAT ON CEN'ER OF COLORADO CALL 2-ttU.., HAT, IN ADVANCE. BEFORE YOU DI - ',RADE OR EXCAVATE FOR T. -4E MAPKuvG Cif UNDERGROUND MEMEEP UT tL r Es SW1 /4 S.21, T06N, R65W 130+00 N86°37'26" VV 1,631.12' (to P.O.C.) 131+00 S87°19'35''E \ N87'47'56"'N 300.34' STA: 128+00.90' OFF: 51.05'R STA. 129+75 76' OFF 45.13'R S87° 19'35"E 1,599.89'_ 132+00 133+00 WCR 66 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 134+0:0 I'- 1332.63' i 13: RW-9A = 26,797 S.F.± FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 0 100 200 FELT NW1/4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. S89' 22'32"W 352.24' STA: 132+75.52' OFF: 37.35'R SEE SHEET 1 RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO ��` 1861 �d.�` t 4e Cffroli ei; • NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS VVCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1 "=100' Data: 07/14/2021 Drawn by: COG Sheet 2 of 5 4769031 Pages: 16 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO )PJi!H,'JI'IPil Pdh iA liii P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 122+00 Raw EXHIBIT 123+00 R N. UNE NW1 /4, N W1 /4 S.28, TO6N, R65W EXISTING 40' I RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 N86°01'25"W 702.91' STA: 120+97.28' STA: 120+28.07' OFF: 61.30'R OFF: 57.10'R S46°09'00"W 94.56' N00°22'25"W 75.00' STA: 120+34.30' OFF: 131.84'R CENTERLINE 200 FEET RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO 124+ 00 RI pi- SW1/4 S.21, TO6N, R65W 1251t+00 S87°19'35"E 1,599.89' 126+00 RW-9A = 26,797 S.F.± FIVE M FARM CO PARC.#080328000079 RECP. # 2131324 WD, 2-18-1988 4769031 Pages: 17 of 73 1@/25/2@21 !Cie 3 AM d Recorder$@we d County CO Carly Koppes NW1/4 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. III IN��IURNr+14��K,wK+an� IiIp1IIIIti1 11111 CALL. lift T r NOTrcATlC44 CEN'ER OF COLORADO CALL IOUs NESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING '.F UNDERGROUND MEMOFR TES 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 ate: 07/14/2021 Crawn by. COG Sheet 3 of 5 EXHIBI WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N86°37'26"W 1,63112' (to P.O.C.) 136+0036*27 S87" 19'35"E 1,599.89' S89°22'32"W 352 24' RW-9A = 26,797 S_F.± CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2•BUSINESS DAYS IN ADVANCE 3EORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIUTIES STA: 136+26.90' OFF• 17 80'R P O . B. RW-9A SW1 /4 S.21, T06N, R65W N. LINE NE1/4, NW1 /4 S.28, T06N, R65W FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET RIGHT OF WAY ACQUISITION NW1/4 /4 S.28, TOE N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. FIVE M FARM CO WELD COUNTY, COLORADO n eve: 4769031 Pages: 18 of 73 10/25/2021 11:33 AM d R Fed:$0.0 d County ; CO Carly K pees Clerk EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS Project No WCR66841 INTERSECTION PROJECT Drawn by CGG Sheet 1 of 5 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. UNE NW1 /4, NW 1/4 S.28, TO6N, R65W 128+00 ow -- Section Line STA 128+00.90' OFF 51.05'R EXHIBIT SW1 /4 S.21, TO6N, R65W Row 130+00 N86°3726"W 1,631.12' (to P.O.C.) 131+00 S87°19'35"E S87 )19'35"E 1,599 89' RW-9A = 26,797 S.F.± FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 200 FEET RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. kr' 3 4769031 Pages : 19 of fll 7010/25/2021 11:33 AM R Fee:$O.0 0ty CO II FJIVINIANiVidirWeld CounCarly KoppeS: Clerk and Recorder ,,111 tI1bW4U' STA: 132+75.52' OFF: 37.35'R WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT project No Drawn by CGG Date: 07/14/2021 Scale: 1"=100' Sheet 2 of 5 EXHIBIT 0 0 R-` ,ht I _ 20+00 I 74. P.O.C. NE. COR. WELD COUNTY ROAD SEC.29 66 & WELD COUNTY FOUND 2-1/2"ROAD 41 INTX. PLAN ALUMINUM CAP CENTERLINE (ILLEGIBLE) ROW 0 of O 'o Ln ..o co 0 0 0 1 r - I i cc U I i 100 123+00 RO - N. LINE NW1/4, NW1/4 S.28, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 124+00 RO' N86 '01125"W 702.91' R0 SW1/4 S.21, TO6N, R65W N86'37'26"W 1,631 12' (to PO.C.) 125+00 S87°19'35"E 1,599 89' _ 126+00 RW-9A = 26,797 S.F.± FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET 0 121+00 122+00 RO:--- ROY`_ ROW---- ROW Section Line W.C.R. 66 STA: 120+28.07' OFF: 57 10'R S46°09'00"W 94 56' 1\100'22'25"W 75.00' EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE W. LINE NW1/4, S.28, TO6N, R65W RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO NW1/4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Bait/ S87°19'35"E 332.544 ;.. CALL UTILITY NOTIFICATION CENTER OF COLORADO f80 CALL 2$USINESS OATS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Droject No GR 45 )ate: 07/14/2021 RU 127+00 p SEE Drawn by CGG 'Sheet 3 of 5 4 Pages: : 20 of 73 0 4769031 R Fee:$0.00 $0 � Co 10/25/2021 11:33 AM Weld County o eS , Clerk and Recorder, t►,I II Carly K pP � C a Y I 1 I � �j liiii:1111 W"Jt'."t�l� EXHIBIT DESCRIPTION A parcel of land, No. RW-9A, Weld County Project No. GR 45 containing 26/97 sq. ft. (0.615 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20. 21;28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 87L 19' 35" E, along the North line of said Northwest quarter, a distance of 1,630.99 feet, thence S 02° 40' 25" W, perpendicular to said North line, a distance of 20.00 feet to the South right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width. 20 feet on both sides of said North line common to said Sections 21 and 28, and also being opposite and 17.80 feet Right of Engineer's Station 136+26.90 and the POINT OF BEGINNING; Thence S 89° 22' 32" W, departing said South right of way line, a distance of 352.24 feet to a point opposite and 37.35 feet Right of Engineer's Station 132+75.52; Thence N 87C 47' 56" W, a distance of 300.84 feet to a point opposite and 45.13 feet Right of Engineer's Station 129+75.76; Thence N 87° 10' 01" W, a distance of 175.63 feet to a point opposite and 51.05 feet Right of Engineer's Station 128+00.90; Thence N 86' 01' 25" W, a distance of 702.91 feet to a point opposite and 61.30 feet Right of Engineer's Station 120+97.28; Thence S 46'' 09' 00" W, a distance of 94.56 feet to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet width, 30 feet on both sides of the West Section Line common to said Sections 28 and 29, and also being opposite and 131.84 feet Right of Engineer's Station 120+34.30; Thence N 00° 22' 25" W, along said East right of way line, a distance of 75.00 feet to the corner intersecting said South right of way line and the said East right of way line, to a point opposite and 57.10 feet Right of Engineer's Station 120+28.07; Thence S 87° 19' 35" E, along said South right of way line, a distance of 1,599.89 feet to the POINT OF BEGINNING; whence the point of commencement bears N 86° 37' 26" W, a distance of 1,631.12 feet The above described parcel contains 26,797 sq. ft. (0.615 acres), more or less. 4769031 Pages: 21 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IEll II EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North. Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use or this project DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No CR 45 (Scale: 1 "=1 CCU' Date: 07/14/2021 Drawn by: CGG Sheet 5 of 5 4769031 Pages: 22 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■III !� .rll «r rr14�4�'Iw1lR�CI�N��'��4��lyi� �111111 EXHIBIT C PERMANENT EASEMENT FORM, LEGAL DESCRIPTIONS, AND DEPICTIONS OF PARCEL PE -9 FOR DCP Page 23 of 73 4769031 Pages: 23 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ill I rdt!i7ld4itilh illiiCI !Niil'ANILl 41ik i 11111 NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, Five M Farm Co 20295 CR 66 Greeley, CO 80631 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: Said permanent non-exclusive pipeline easement with non-exclusive temporary easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said pipeline easement and temporary easement. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. The temporary construction easement shall terminate at the earliest of completion of the pipeline installation and reseeding activities or August 30, 2022. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. Page 24 of 73 4769031 Pages: 24 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Mira III 110:10 LilliVillYAIONIMAlikii 111111 Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface: - Grantee shall restore or repair any roadways or fencing disturbed or damaged by construction within the easement. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to Grantor for damaged crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2021 signed, sealed, and delivered in the presence of: Five M Farm Co ACKNOWLEDGEMENT STATE OF ARIZONA ss. COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D. 2021. My commission expires: Notary Public Page 25 of 73 4769031 Pages: 25 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO in I�cillni���J�i�lt'�IiM�p�1�'���'�i �����f,h'�� I�J�Y h 11111 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) Section Line W. LINE N W1 /4, S.28, TO6N, R65W EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NW1 /4, NW1 /4 S.28, TO6N, R65W SW1 /4 S.21, TO6N, R65W OA EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N07°52'15"W 555.7 6' (to P.O.C.) 1485°06'41"E 30.09' STA: 508+20.79' OFF 85.56'R POB PE -9 PE -9 = 20,939 S.F.± S09°24' 12"E 178.09' N09°24'12'W 178.34' PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO SEE SHEET 2 N W1 /4 S.28, T06N, R65W Pages: 26 of 73 4769031 0 � 00 co 10/25/2021 11:33 AM R Fee:$ Weld County , Carly Koppes, Clerk and Recorder, � IIII 1111 CALL UTILITY NO T IFICAT ION CENTEP et- _OLT,c_ADO CAL.. 2-FAISIN EE.; • LEI ADVANCE BEFORE YOU DOG. C,Rt DE. QR EXCAVA-E =OP HE MhPhING r F UICERGR;;WNC MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'r eject No GR 45 Scale: 1"=100' ate: 07/14/2021 Drawn by COG Sheet 1 of EXHIBIT SEE SHEET 1 N09°24'12"W 178.34 S09°24'12"E 178.09' STA- 506+42.69' OFF. 73 54'R PE -9 = 20,939 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 STA: 502+49.95' OFF: 68.69R STA : 502+45.59 OFF 98.73'R N16°24'17"E 120.44' S 16°24'17 "W 120.71' STA. 501+30.77' OF= 63 65'R N81 °59'04"W 30.32' W. LINE NW1/4, /4, S.28, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO 4769031 Pages: 27 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO 111FAIIIMIVIKNI tit liii NW1/4 S.28, T06N, R65W 200 FEET IL .T I. NOTIFICATION cr'rr R nc !7O1 ORADC CAL vausINIESSDAYSINADVANCE BEFORE YOU an TRADE. CR EXCAVrE FOR 1► -E MARKt1G OF UNDER(RCIJND '.4EWSER UT I+TIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. -n I 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Date: 07/14(2021 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) SC Section Line ROW ROw� EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NW1/4, NW1/4 S.28, T06N, R65W S W1 /4 S.21, T06N, R65W ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N85'06'41 "E 30.09' PE -9 = 20,939 S.F.± S09"24' 12"E 178 09' N09`24' 12"W 178.34' PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY COLORADO SEE SHEET 2 NW1/4 S.28, T06N, R65W 4769031 Pages: 28 of 73 m R Fee:$ CO �0r�5Kopp s.1Cler3k AM Recorder: Weld County 11111 W'jitlt ���K 1111 III CA -Li liliTy I+GTIFiCATK)t1 CENTER OF COLORADO) CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPT1ON ONLY. 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 )ate: 07/14/2021 Drawn by CGG Sheet 1 of 3 T 0 O O I` O In O O + O Inc) L) in N N N ity re; N cO O O.N U7 i O c C i _ I O O t ; 73 O O 2 C) s N09 -24'12"W 178.34' S09'24'12"E 178.09' STA- 506+43 77 OFF 103.59'R STA: 506+42 69' OFF 73 54'R PE -9 = 20,939 S.F.± CALL UTILITY NOTIFICATION CENTER OF COLORADO WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 STA 502+49.95' OFF68.69'R N16'24'17"E 120.44' S16 2417"W 120.71' STA: 501+30.77' OFF 63 65'R N81 -59'04"W 30.32' STA: 501+35.19' OFF 33.65'R W. LINE NW1/4, S.28, T06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 0 NW1/4 S.28, TO6N, R65W 100 4769031 Pages: 29 of 73 10/25/2021 11:33 AM RR ecorder, Fe:$O.O Weld County CO Carly Koppest Clerk and 1111 ■IIIl�.�� 200 FEET CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 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. EXHIBIT DESCRIPTION A permanent easement, No. PE -9, Weld County Project No. GR 45 containing 20,939 sq. ft. (0.481 acres), more or less, being a portion of land described in a deed. recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 000 22' 25" E, along the West line of said Northwest quarter, a distance of 551.01 feet, thence N 89' 37' 35" E, perpendicular to said West line, a distance of 72.52 feet, also being opposite and 85.56 feet Right of Engineer's Station 508+20.79 and being the POINT OF BEGINNING; Thence S 09' 24' 12" E, a distance of 178 09 feet to a point opposite and 103.59 feet Right of Engineer's Station 506+43.77; Thence S 01° 21' 18" E, a distance of 402.59 feet to a point opposite and 98.73 feet Right of Engineer's Station 502+45.59; Thence S 16' 24' 17" W, a distance of 120.71 feet to a point opposite and 63.65 feet Right of Engineer's Station 501+30.77; Thence N 81° 59' 04" W, a distance of 30.32 feet to a point opposite and 33.65 feet Right of Engineer's Station 501 +35.19; Thence N 16° 24' 17" E, a distance of 120.44 feet to a point opposite and 68.69 feet Right of Engineer's Station 502+49.95: Thence N 01' 21' 18" W, a distance of 395.79 feet to a point opposite and 73.54 feet Right of Engineer's Station 506+42.69; Thence N 09° 24' 12" W, a distance of 178.34 feet to a point opposite and 55 48 feet Right of Engineer's Station 508+19.97; Thence N 85° 06' 41" E, a distance of 30.09 feet to the POINT OF BEGINNING; whence the point of commencement bears N 07' 52' 15" W, a distance of 555.76 feet The above described permanent easement contains 20,939 sq. ft. (0.481 acres), more or less BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10'45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M.. as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT PE -9 FIVE M FARM CO WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: l''=100 Date: 07/14/2021 (Drawn by CGG (Sheet 3 cf 4769031 Pages: 30 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO P.O.C. NE. COR. SEC.29 FOUND 2-t/2" ALUMINUM CAP r (ILLEGIBLE) Section Line ROW N07°52' 15"W 555.76' (to P.O.C.) EXHIBIT SW1/4 S.21, TO6N, R65W N. LINE NW1/4, N W1 /4 S.28, TO6N, R65W WCR 66 !my } 6v EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 W. LINE N W1 /4, S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE STA: 508+62.20 OFF: 87.59'F N89°3735"E 35"E 3.60' STA : 508+62.03' OFF. 91.18'R N00°22'25'W 41.0% Nco cv 0Q) N STA: 508+20.79' OFF 85.56'R P.O.B. TCE-9B N09°24' 12"W 178.09' TCE-9B = 7,476 S.F.± SEE SHEET 2 200 FEET TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO 4769031 Pages: 31 of 73 00 10/25/2021 11:33 AM R Fee:$ 1111 KAI,I Carly ;0PP5 , Clerk and {iqlfl��` flef111Weld f1�\ 1fl.� � ���\II NW1/4 S.28, TO6N, R65W ...+L.. UT ILIT t NO TIFICAT ON TEC. :,r CDLORRDO CALL It-BUSINF 4NvANC F_ BERGRE r0U DIG &FALL, CR EXCAVATE FOR THE M.APK NG OF UNCERGRCUND MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS Date: 07/14/2021 WCR 66&41 INTERSECTION PROJECT Drawn by CGG EXHIBIT 0 O N 0 1 0 1 0 1 +— ce 0 47 O 0 + to to 0 0 - LU tn N N 0 0 O O In 0 0 ;u O 7a J 9 ri • Z7 O Section Line 0 K, ii i O vt S01 `21118"E SEE SHEET 1 S09°24'12"E 218.78' N09°24'12"W 178.09' STA: 506+43.77' OFF: 103.59'R TCE-9B = 7,476 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA. 502+45.59' OFF: 98.73'R STA: 502+44.14 OFF: 108.75'R STA: 501+30.77 OFF: 63.65'R N00°22'25"W 34.64' STA: 500+96.13' OFF: 63.66'R W. LINE NW1/4, S.28, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 0 FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 r♦ CALL UTIL T'i NOTIF CATION CENTER CF COLORADO CALL 2 -BUSINESS DAYS IN 1)V/WCE EEFCRE YoJ JIB:. GRADE. OR EXCAVATE FOR THE WARKING CF IJNDERG-ROUND MEMEER Urtrrc � 100 NW1/4 S.28, TO6N, R65W 200 FEET NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMEN TED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT TCE-9B FIVE M FARM CO. WELD COUNTY, COLORADO e. ,1-44S U N r t. Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Sr le: 1 =1 CU' Date: 07/14/2021 (Drawn by CGG (Sheet 2 of 4 4769031 Pages: 32 of 73 10/25/2021 11 3 AM d Recorder, OWed County CO Carly Koppes Clerk Y naPYea an III 1'iII! I l EXHIBIT NW1/4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL UTILITY NOTIFICATION CENT ER OF COLORADO CALL 2 cil,i'aESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIUTIES P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) ROW Section ROW - Line ROW Rob': ROW FO., ROW---.. RO— ROY EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N07 52'15"W 555.76' (to P.O.C.) ROW SW1/4 S.21, TO6N, R65W N. LINE NW1/4, NW1/4 S.28, T06N, R65W ROW----- 587°19'35"E 1332.54' ROb+ Row ROVv ROW _ WCR 66 RO'N ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 W. LINE NW1/4, S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STI'1 506+62 20' OFF 87 59'R N89` 37'35"E 3.60' STA: 508+62.03' OFF: 91.18'R N00 22'25W 41.07' ap N 0CD N O STA* 508+20.79' OFF 85.56'R P.O.B. TCE-9B N09"24'12"W 178.09' TCE-9B = 7,476 S.F.± TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO 0 SEE SHEET 2 100 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 ate' 07/14/2021 Drawn by CGG Sheet 1 of 4 4769031 Pages: 33 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County , CO r 3111 1 141 l�r.'I i WOW Wilk4 iu A c 0 O O c• 0 O O 13/40 O O cD 0 '-I 1 } O In i _ O O LU Wi N (N1 N H o :0 O:N O, (AD In O —U Q C 4. IC r r N CP co 4 O w r r N Izt h EXHIBIT S09 -24112“E 218.78' N09°24'12"W 178.09' STA: 506+44.13' OFF: 113.61'R STA: 506+43.77' Orr• 103.59'R TCE-9B = 7,476 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 502+45.59' OFF. 98.73'R STA: 502+44.14' OFF. 108.75'R STA: 501+30.77' OFF: 63.65'R N00 -22'25"W 34.64' STA 500+96 13' OFF 63.66'R W. LINE NW1/4, S.28, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 TEMPORARY CONSTRUCTION EASEMENT 0 FIVE M FARM CO WELD COUNTY. COLORADO 4769031 Pages: 34 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly KoPPes, Clerk and Recorder, Weld County CO SEE SHEET 1 FIVE M FARM CO PARC. #080328000079 RECP. # 2131324 WD, 2-18-1988 CALL. UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS ir. ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES •1I in, 100 NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No GR 45 Date 07/14/2021 Drawn by CGG Scale: 1"-=100 I Sheet 2 of 4 I EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-9B, Weld County Project No. GR45 containing 7,476 sq. ft. (0.172 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West. of the 6 Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29; Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along said West line of said Northwest quarter, a distance of 551.01 feet, thence N 89° 37' 35' E, perpendicular to said West line, a distance of 72.52 feet to the East line of the Pipeline Easement Recorded at Reception #3911672 on February 21, 2013, at the Weld County Clerk and Recorders office and also being opposite and 85.56 feet Right of Engineer's Station 508+20.79 and the POINT OF BEGINNING; Thence N 00° 22' 25" W, along said East line; a distance of 41.07 feet to a point opposite and 87.59 feet Right of Engineer's Station 508+62.20; Thence N 89° 37' 35" E, continueing along said East line, a distance of 3.60 feet to a point opposite and 91.18 feet Right of Engineer's Station 508+62.03: Thence S 09° 24' 12" E, departing said East line, a distance of 218.78 feet to a point opposite and 113.61 feet Right of Engineer's Station 506+44.13; Thence S 01 21' 18" E. a distance of 404.86 feet to a point opposite and 108.75 feet Right of Engineer's Station 502+44.14 ; Thence S 16° 24' 17" W, to said East line, a distance of 155.44 feet to a point opposite and 63.66 feet Right of Engineer's Station 500+96.13; Thence N 00° 22' 25" W, along said East line, a distance of 34.64 feet to a point opposite and 63.65 feet Right of Engineer's Station 501+30.77; Thence N 16° 24' 17" E, departing said East line, a distance of 120.71 feet to a point opposite and 98.73 feet Right of Engineer's Station 502+45.59; Thence N 01° 21' 18" W, a distance of 402.59 feet to a point opposite and 103.59 feet Right of Engineer's Station 506+43.77; Thence N 09° 24' 12" W, a distance of 178.09 feet to the POINT OF BEGINNING; whence the point of commencement bears N 07: 52' 15' W a distance of 555.76 feet, The above described temporary construction easement contains 7,476 sq. ft. (0.172 acres), more or less. 4769031 Pages: 35 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO t EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P. M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza. Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-9B FIVE M FARM CO WELD COUNTY: COLORADO 186 COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WC R 66 & 41 INTERSECTION PROJECT PPrc!ect No GR 45 Scale: 1'I=100 Date: 07.14/2021 (Drawn by CGG (Sheet 4 et 4 4769031 Pages: 36 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO EXHIBIT D PERMANENT EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL PE -9A FOR NORTH WELD COUNTY WATER DISTRICT Page 37 of 73 4769031 Pages: 37 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iiit���alikIV ;.°6 ,iii isiT, laild II II PERMANENT WATER EASEMENT AGREEMENT (North Weld County Water District) THIS PERMANENT WATER EASEMENT AGREEMENT ("Agreement") is made this day of , 2021, by and between FIVE M FARM CO, a Colorado Corporation whose address is 20295 CR 66, Greeley, CO 80631 ("Grantor"), and NORTH WELD COUNTY WATER DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado, whose address is 3282 County Road 39, Lucerne, Colorado 80646 (the "District"). 1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in Weld County, Colorado, which is legally described on Exhibit A attached hereto and made a part hereof (the "Property"). 2. Grant of Easement. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted, bargained, sold and conveyed, and by this Agreement does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns, a perpetual non-exclusive easement (the "Easement") in, on, under, over, across and upon the real property legally described on Exhibit BB=1 and depicted upon Exhibit B-2 attached hereto and incorporated herein by reference (the "Easement Area"). 3. Purpose and Uses of Easement. The Easement herein granted may be used by the District for the purposes of: (a) Surveying, locating, installing, constructing, reconstructing, using, operating, maintaining, inspecting, repairing, altering, removing, and replacing one (1) buried water pipeline, in whole or in part, and all necessary subsurface and surface appurtenances for the transportation of water and the operation and control of water facilities (the "Improvements") including; supporting pipelines located within the Easement Area across ravines and water courses with such structures as the District shall reasonably determine to be necessary or advisable; (b) Marking the location of the Easement Area and Improvements therein by suitable markers set and maintained in the ground at locations which shall not unreasonably interfere with Grantor's use of the Easement Area under the terms of this Agreement; and (c) Cutting and clearing trees, brush, debris and other obstructions on the Easement Area that might interfere with the operation and maintenance of the District's activities and facilities related to the Improvements on the Easement Area. 4. Additional Rights of the District. Grantor further grants to the District, its successors and permitted assigns: (a) The right of ingress to and egress from the Easement Area over, across and upon the Property by means of any existing roads and lanes now located thereon; Page 38 of 73 4769031 Pages: 38 of 73 CarlZygKoppes,1Clerk and M Recorrder,,O.00 Wed County , CO VIII NPAIRIVIel l inli iiMMIU M Y4 iI III (b) The right to install, maintain and use gates or other livestock barriers in all fences which now cross or shall hereafter cross the Easement Area; and (c) The right to grade the Easement Area as determined by the District to be reasonably necessary or advisable for the proper use thereof for the purposes set forth in Section 3 above. (d) The District shall have and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of the Improvements. It is specifically agreed to between and among the parties that, except as provided in this Easement, the Grantor, its successors and assigns, shall not take any action which would impair the lateral or subjacent support for the Improvements. The Grantor, its successors and assigns, shall have and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of any improvements on the property adjoining the Property. It is specifically agreed by and between the Grantor and the District that, except as provided in this Agreement, the District shall not take any action which would impair the lateral or subjacent support for such improvements. This paragraph is not intended to prohibit the development of the private property located adjacent to the Property. 5. The District's Obligations. In connection with the District's use of the Easement Area, the District shall: (a) Insofar as practicable, bury Improvements to a sufficient depth at the time of construction so as not to interfere unreasonably with the cultivation of the Easement Area for agricultural purposes, but in no event less than 48 inches in depth; (b) Insofar as practicable, restore the surface of the ground to its condition prior to installation, construction, maintenance, alteration, or replacement of the Improvements and appurtenances thereto; (c) Insofar as practicable, restore existing fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to the District's activities related to the Improvements within the Easement Area; (d) Pay Grantor the fair market value for any growing crops, livestock and other items which are damaged by the District's activities related to the Improvements within the Easement Area; and (e) Restore or replace improvements made by Grantor on the Easement Area that were made with the written consent of the District, as provided in Section 7 below in the event those improvements are disturbed by the District, on the condition that Grantor pays the costs for such restoration or replacement. 6. Livestock Crossing During the District's Operations on Easement Area. In the event Grantor's Property is being used for grazing purposes, the District agrees that, during the period of construction of the Improvements within the Easement Area or any subsequent alteration, removal or replacement of said Improvements, the District shall leave or arrange for reasonable crossing over the Page 39 of 73 4769031 Pages: 39 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO ���i '�QWIJI VI Wok IIIIII Easement Area for cattle and livestock of Grantor and its tenants and lessees. Further, whenever it becomes necessary for the District, its agents or contractors to cut a fence on Grantor's Property during its operations, the District shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or construct in any one (1) or more places, substantial gates with dual locks and to furnish Grantor with one (1) set of keys thereto. Before any of Grantor's fences are cut by the District, the fence shall be braced in order to prevent slackening of wires along the fence in each direction from the District's temporary opening. 7. Grantor's Rights in Easement Area. Grantor reserves the right to use and occupy the Easement Area for any purposes consistent with the rights and privileges granted herein which will not interfere with or endanger any of the District's facilities on or under the Easement Area or the District's use thereof, provided that Grantor, its successors and assigns shall not: (a) Construct or allow the construction of any buildings or other structures on or under the Easement Area; (b) Impound water or other substances on or over the Easement Area; (c) Store or dispose of any dangerous, toxic, or hazardous substance on or under the Easement Area; (d) Alter or replace any fence on the Easement Area without the prior written consent of Grantee; (e) Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet at mature growth to grow on the Easement Area, or alter ground level, without the prior written consent of Grantee; (f) Add or remove soil or alter the grade of the land within the Easement Area; (g) Use the Easement Area for any purpose except agriculture without the prior written consent of Grantee; provided, however, the written consent of Grantee shall not be unreasonably withheld, delayed, or conditioned for the following uses: (1) Open space areas with or without landscaping but excluding fences (other than along property lines), retaining walls, and trees; (2) Paved, gravel -surfaced, or unsurfaced local roadways (not arterial roadways); (3) Paved, gravel -surfaced, or unsurfaced parking areas except use involving long-term storage; (4) Paved, gravel -surfaced, or unsurfaced recreation areas (excluding buildings) such as trails, bike paths, basketball courts, tennis courts, volleyball courts; (5) Temporary covers or enclosures not requiring the construction of a foundation and not to be used for long-term storage; and Page 40 of 73 4769031 Pages: 40 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII FM WAND ID �Iii'diaM1 x«14 Yak 111111 (6) Utility service crossings at near right angles of the Improvements with a minimum two (2) feet of clearance from actual pot -holed elevations of the pipe. Other industry standards for crossings may apply and would be addressed during the plan review for each crossing. 8. Maintenance of Easement Area. (a) Grantor will maintain the surface of the Easement Area (except for any of the District's improvements permitted thereon) in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. (b) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on the Easement Area, other than vegetation not prohibited under Section 7 above. 9. Representations of Grantor. Grantor represents and warrants that it is the lawful owner in fee simple of the Easement Area; that it has good and lawful right and authority to grant, sell and convey the Easement Area or any part thereof. 10. Additional Terms and Conditions. (a) Construction. Whenever used herein, the singular includes the plural, the plural the singular; and the use of any gender is applicable to all genders. (b) Validity. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect; provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations. (c) Binding Effect. All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, personal representatives, successors and assigns. (d) Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. (e) Recordation. This Agreement shall be recorded in the real property records of Weld County. (f) Runs with the Land. The rights and responsibilities set forth in this Agreement are intended to be covenants on the Property and are to run with the land. (g) Benefits and Burdens. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, administrators, successors and permitted assigns of the Grantor and the District. Page 41 of 73 4769031 Pages: 41 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NIFIIIIIIMIIIIIICHNINIM4RIGUKiligilirgi II II (h) Abandonment. The District agrees that at such time and in the event that the Improvements or Easement described herein are abandoned by the District and any successor or permitted assignee, the Easement will terminate automatically and the real property interest represented by the Easement will revert to the Grantor, its heirs, successors and/or assigns. (i) Assignability. It is expressly acknowledged and agreed that the District shall have the right and authority to assign the Easement to any appropriative local governmental entity or to any public utility provider, including but not limited to all rights to use, and all obligations associated with, the Easement as are granted to and assumed by the District herein, subject to such assignee assuming the obligations set forth herein, the District shall have the right and authority to grant temporary construction easements to any appropriative local governmental entity or public utility provider for purposes of construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of the Improvements, subject to all the terms and conditions of this Agreement. [Remainder of page intentionally left blank] Page 42 of 73 4769031 Pages: 42 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Id BM i IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021, by t as for WITNESS my hand and official seal. My commission expires: Notary Public Page 43 of 73 4769031 Pages: 43 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ill IIW7I'J 11111 THE DISTRICT: NORTH WELD COUNTY WATER DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By Gene Stille, President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by Gene Stille, as President, of NORTH WELD COUNTY WATER DISTRICT, a quasi -municipal and political subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public 4769031 Pages: 44 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII kiriiligffiliiillariihrlinqUIVIVIIIMIUDILIII II Page 44 of 73 EXHIBIT A Legal Description of Grantor's Property Northwest Quarter (NW1/4) /4) and West Half (W 1/2) Northeast Quarter (NE1/4) /4) of Section Twenty-eight (28), Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. 4769031 Pages: 45 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII lMI lilt tI ICIWINALA KgitIV kli Iii4Yih Ill II Page 45 of 73 EXHIBIT B-1 Legal Description of Easement Area 4769031 Pages : 46 of 73 10/25/21021 11:33 � AM R■rFee■e`:4$I011.Ii010�' I `�11 WI111 11Carly Koppes, Clerk and �` IIIHJITICad cI� it II■WW fl I .14 5III �III� Page 46 of 73 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31; Township 7 North, Range 65 West, Sixth P M , as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G Guerrero P.L S 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village. CO 80111 4769031 Pages: 47 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County CO iu r����'lRI4i�1f+l'I�I Iiit4u�K���Na�,u�u�a� �i iu EXHIBIT B-2 Page 47 of 73 Depiction of Easement Area 4769031 Pages: 48 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 MCIIN WI'I4IIII�MIIIW MAIIIIII'M4IIh 'I Ilk IIIIII Page 48 of 73 EXHIBIT SEE SHEET 2 P.O.C. NE. COR. SEC.29 FOUND 2-1/2' ALUMINUM CAP (ILLIGIBLE) EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 <-:^ 128+00 Ow _ N87'19'35"..W 73g8S' N N- N + co CO CV •• rLI.. LL QC N02°4025"E 15.00' G N. LINE NW1 /4, N W1 /4 S.28, TO6N, R65W STA: 128+39.55' OFF: 67.19'R ROV. 130+00 SW1 /4 S.21, TO6N, R65W Section LineNU V 1332.54 ' 58' _ 2rrW ZOv rZ; rt.,�_ ROw �J 1,459.47' (to P.O.C. S02°4025' 15.00' N02°40'25"E S87'19'35°E 227.32' 15 .00, N87°19'35" W 257.32' DSTA. 128+40.15 OFF: 82.17'R STA: 128+25 87 OFF: 97.77'R 100 STA. 130+65.95' OFF: 75.05'R STA• 1304-81.17 OFF: 89.72'R 13 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 130+65.62 OFF: 60.06`R R ROW _- r N. LINE NE1/4, N W1 /4 S.28, TO6N, R65W STA. 134+54.00' OFF: 57.18'R �� P.O.B. PE -9A Rower.` ROW - Row.-- ROW- - ROW 132+00 587°19'351'E RO ROW ROW STA130+80.86 OFF 74 73'R S02°40'25"W 15.00' 133+00 134+00 WCR 66 Ro,,, S87°19'35"! RO 389.91' N87' 19'35"W 374.91' PE -9A = 21,699 S.F.± FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET NW1/4 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. S02°40'25"W 15.00' STA 134+53.94' OFF: 72 18'R J -,:ATP?{ r8111 _As 135 1332.63 ,Ro; CALL 2•BUSTNESSDAYS fN ADvARCE BEFORE r'OU DtG. GRADE. OR EXCAVATE FOR THE MARKPIG OF UNDERGROUND MEMBER UTILITIES PERMANENT EASEMENT PE -9A FIVE M FARM CO WELD COUNTY, COLORADO '3/4\ '86J' COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No- GR 4: 'Scale: i'='00' Date: 07/14/2021 IDrawn by CGG Sheet 1 of 4 4769031 Pages: 49 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII !� .rI�rr�li+l��'i�l I �1� 1�' ,int ! �I II Page 49 of 73 STA: 120+7458 OFF 105 73'R N46°09'00"E 20.66' Section Line S02°40'25"W 9.99' STA : 1204-90.02' OFF 120 27'R S87°19'35"E 17.45' N87° 19'35"W 46.66' STA. 120+43 38' 7 (OFF: 121.66'R WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE TO6N, R65W 200 FEET PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 SW1 /4 S.21, TO6N, R65W N. LINE NW1 /4, N W1 /4 S.28, 124+00 / TO6N, R65W 125+00 FIVE M FARM CO PARC. # 080 328000079 RECP.# 2131324 WD, 2-18-1988 nocee�Recorder. 4769031 Pages: 50 of 73 1@/2512@21 11:33 AM d e@W@ d County CO Carl K pes C1 Carly NW1/4 /4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL . +vS M ADVANCE BEFORE r :N,' u':, vKMCC , OR ExCAvatE FOR THE MARKING OF UNDERGROUND MEMBER UT IL 'TIES 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS VVCR66&41 INTERSECTION PROJECT Project No GR 45 Date: 07/14/2021 Drawn by COG Scale:if Sheet 2 of 4 Page 50 of 73 EXHIBIT SEE SHEET 2 P.O.C. NE. COR. SEC.29 FOUND 2-1/2n ALUMINUM CAP (ILLIGIBLE) -EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 STA 128+39.55' OFF. 6719'R RO:\ 128+00 OV" -- Ro:1- — 129+o0 S87 1 764.86' N. UNE NW1/4, NW1/4 S.28, TO6N, R65W RONAL---.-- ROW f N87`19'35 7348,' a, N- C co O N02°40'25"E 15.00' L Section Line ROW 130+00 N,. q 58.- Rt w K,�ti,,` RO CS4 N 1,459.47' (to P.O,C SO2 '4025 15 00'S825"t.7° 19'35"E 22702 32'40 25" 15.0C' SW1 /4 S.21, TO6N, R65W 1332.54 N87` 19'3511%N 257.32' STA: 128+40.15' OFF: 82.17'R STA 128+25 87' OFF 97 77'R 100 'STA 130+65 95' OFF 75.05'R STA. 130+81 17' OFF 89/2'R 131 R WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA 130+65 62 OFF 60 06'R ROW Rc rte_ N. UNE NE1/4, NW1/4 S.28, TO6N, R65W ST A 134A-54.00' OFF: 57 18'R P '' -r . RC'w�- RU 3i+00 _ 133+00 587°19135"E 134+1)0 Rav - ROV► Po,.. WCR 66 S87' 19'35" 389 91' STA 130+80.86 OFF 74 73 R S02 40'25 VI/ 1500' N8719135"W 19'35"W 374.91' SO2'40'25"W 1500' PE -9A = 21,699 S.F.± FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 200 F=E - PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO 31 51 of 73 10/25/20210 11:33 gAM es� R Fee:$0.00 $0.00 Carly Koppes, ,III rtf�f ½'1 � r�11T1'��l�l' � fi � 1 ��1+T�rk and Recorder, Weld t'llfl 7"�■"ITl 111111 NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. STA. 134+53.94' OFF 72.18'R J VT4ITY NOTIFICATION • ER Off COLORADO S 13S 1332.53' ROY CALL 2 -Et SINESS DAYS IN ADVANCE BEFORE YOu GIG. GRA DE OR EXCAVATE FON THE MARKING O' UNDER3ROLND MEAGER unLITIES 861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Pr iject No GR 45 )ate 07/14/2021 Scale: 1" =100' 'Drawn oy CGG I Sheet 1 D- 4 Page 51 of 73 O w LA N N N � N to 0 N U� i c z P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) STA: 120+74.28' OFF: 95.74'R 122+00 Section Line NO2 -4025"E 10 0O STA 120+89 73 O=F 110.281R S02'40'25"W 9 99' STA 120+90 02' OA=F 120.27'R S87°19'35"E 17.45' STA 120+57 14' OFF 106.25'R EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 123+00 - EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 12400 5$7°19'35"E 1332.54' SW1/4 S.21, TO6N, R65W N87'19'35'0/ 134.86' PE -9A = 21,699 S.F.± N87°19'35"'W 46.661M FARM CO FIVE STA 120+43.38' OFF 171 6617 O O 1 t f r 0 Sect EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE W. LINE NW1 /4, S.28, TO6N, R65W 100 PERMANENT EASEMENT PARC. #080328000079 RECP. # 2131324 WD, 2-18-1988 200 r_ET FIVE M FARM CO WELD COUNTY, COLORADO I i NW1/4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. c N. LINE NW1/4, NW1/4 S.28, TO6N, R65W WCR 66 Env,/ _'J - I.:TY vr.;TI1-ICATION CENTER OF COLORADO iftgi CALL 2.WSIrES$ DAYS IN ADVANCE BEFORE YOu DIG. GRADE OR EXCAVATE FOR 1HE MARKING OF UNDERGROuuND MEMBER UTILITIES WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GP 45 Cate 07/14/2021 Scale:V=100' "=100' Drawn oy CGG Sheet 2 of 4 4769031 Pages: 52 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ill ri" wut rwc kill i' wic I'I.1' i III Page 52 of 73 STA: 120+74.58' OFF. 105.73'R N46°09'00"E 20 66' P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 120+74.28 OFF' 95.74'R Section Line ROW ROWS ROW N02 40'25"E 10.00' STA. 120+89.73' OFF: 110.28'R S02 40'25"W 9.99' STA: 120+90.02' OFF 120.27'R S87` 19'35"E 17.45' EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 100 PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO PE -9A = 21,699 S.F.± SW1 /4 S.21, T06N, R65W FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET Page 53 of 73 NW1/4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2-61.5'NSS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No. GR 45 ate: 07/14/2021 Drawn by CG Sheet 2 of 4 0 al - Car S O 01:4,1e rs o40i_ •°D ii 2 LL ri)) ir waf �M L o- M a5 ® INI-•• N aL v4 0 N a m -1 rN- tON Nom EXHBIT E TEMPORARY EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL TCE-9 4769031 Pages: 54 of 73 10/25/2021 11:33 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 W r�I�'1�i���1ti+49 (W Grh�'SL�h�I�'�i��kM��'�tl!''i414�i h 11111 Page 54 of 73 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Five M FARM CO, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County and shall expire and be of no further force or on August 30, 2023, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. County shall not conduct any activities on the TCE during the time irrigation water is being utilized to irrigate crops on Owner's property. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement.- The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: Five M Farm CO STATE OF ARIZONA COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. 4769031 Pages: 55 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NAM WI rleglifiFil UM 11111 'votary Public Page 55 of 73 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) Se_ctioci Line N07°52'15"W 555.76' (to P.O.C.) EXHIBIT SW1/4 S.21, TO6N, R65W N. LINE NW1/4, NW1 /4 S.28, TO6N, R65W S87°19'3S"E 1332.54' O ROW -r EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 W. LINE NAM /4, S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE STA: 508+62.20' OFF: 87.59'R N89°3%35"E 3.60' N00°22'25"W 41.07 STA: 508+20.79' OFF: 85.56'R P.O B TCE-9B N09°24' 12"W 178.09' TCE-9B = 7,476 S.F.± SEE SHEET 2 200 FEET TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO NW /4 S.28, TO6N, R65W WCR 66 HL. UTILITY K)TIFICALON _E]TER =IF..1i1C'PADJ CAI 3INESS DAYS : .ADV.ANCF BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKiNG OF UNDERGROUND MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR d5 Date' 07/14/2021 Scale: 1 =100' Drawn by- L.C312 Sheet 1 of 4 U ga ljA Way CII a. e-+ "b m- '-+N a` M N o on in N >' o Page 56 of 73 EXHIBIT 0 0 S 0 oo 0 0 Ln 1 0 0 + 0 0 Ln 0 O to 0 0 O 0 LU in N N N M tD O Le 0}N 0. V)) LC) 0 O� O LU 0 i 0 0 0 0 Section Line C S co 0 co N 0 Cr O (/) co SEE SHEET 1 S09°24'12"E 218.78' N09°24'12"W 178.09' TCE-9B =- 7,476 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 502+44.14 OFF: 108/5'R N00°22'25"W 34.64' STA : 500+96.13' OFF 63.66'R W. LINE NW1/4, S.28, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 0 FIVE M FARM CO PARC.#080328000079 RECP.# 2131324 WD, 2-18-1988 CALL UTIL Ti UOTIF'CATION CENTER CF COLORADO CALL 2 -BUSINESS LV. T: IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARI<NG CF UNDERGROUND MEMBER UTILfT€S 100 NW1/4 S.28, T06N, R65W 200 FEET 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 TCE-9B FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1"=100' Date: 07/14/2021 Drawn by: CGG Sheet of 4 Page 57 ot 73 U 013 s- m te. o4, ■ ~L U 41 in tX ■ . 01 Q — (11P7t:fi IL m m y SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) Section ROW ROW-- ROW+ RO'r.' EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N07552' 15'W 555.76' (to P.O.C.) iimat $ 44 .44 EXHIBIT SW1 /4 S.21, TO6N, R65W N. LINE NW1/4, NW1/4 S.28, TO6N, R65W ROW WCR 66 ROW RC)' Y- RCA' 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 W. LINE NW1/4, S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 508+62 20' OFF 87.59'R N89°37'35"E 3.60' N00"22'25"W 41.07' STA: 508+20.79' OFF 85.56'R P.O.B. TCE-9B N09°24'12"W 178.09' TCE-9B Err - 7,476 S.F.± TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO SEE SHEET 2 Page 58 of 73 NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. GALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIUTIES 200 FEET 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No GR 45 'ate: 07/14/2021 Drawn by CGG Sheet 1 of 4 U 0 Mis O M03a-A N 0 O W -m- g mo. a L in i m - .. w aysiat - tM r+V� re N � � MN a o mi ig to ergo Nora EXHIBIT 809'24'12"E 218.78' N09 24'12"W 178.09' STA: 506+44.13' OFF: 113.61'R STA 506+43.77' OFF: 103.59'R TCE-9B = 7,476 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 502+44.14 OFF. 108.75'R N00°22'25"W 34.64' W. LINE NW1/4, S.28, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO SEE SHEET 1 FIVE M FARM CO PARC. #080328000079 RECP. # 2131324 WD, 2-18-1988 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIUTIES NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 33654 200 I FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS VVCR66&41 INTERSECTION PROJECT project No. GR 45 )ate: 07/14/2021 Drawn by COG Scale: 1"=100' Sheet 2 of `: U C O milN U - 32 =nil Mm mrft- •3- - n o ix 0.9 If) a tugRI M L IL in m - "-4 -L r♦ U a r♦ a mae -1 a MNo al C' %% c a - Win NG s 't rio Page 59 of 73 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-9B. Weld County Project No. GR45containing 7,476 sq. ft. (0.172 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows. COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00 22' 25" E, along said West line of said Northwest quarter, a distance of 551.01 feet, thence N 89° 37' 35' E, perpendicular to said West line, a distance of 72.52 feet to the East line of the Pipeline Easement Recorded at Reception #3911672 on February 21, 2013, at the Weld County Clerk and Recorders office and also being opposite and 85.56 feet Right of Engineer's Station 508+20.79 and the POINT OF BEGINNING; Thence N 00° 22' 25" W, along said East line, a distance of 41.07 feet to a point opposite and 87.59 feet Right of Engineer's Station 508+62.20: Thence N 89° 37' 35" E, continueing along said East line, a distance of 3.60 feet to a point opposite and 91.18 feet Right of Engineer's Station 508+62.03: Thence S 09° 24' 12" E, departing said East line, a distance of 218.78 feet to a point opposite and 113.61 feet Right of Engineer's Station 506+44.13: Thence S 01° 21' 18" E. a distance of 404.86 feet to a point opposite and 108.75 feet Right of Engineer's Station 502+44.14 ; Thence S 16° 24' 17" W, to said East line, a distance of 155.44 feet to a point opposite and 63.66 feet Right of Engineer's Station 500+96.13; Thence N 00° 22' 25" W, along said East line, a distance of 34.64 feet to a point opposite and 63.65 feet Right of Engineer's Station 501+30.77; Thence N 16° 24' 17" E, departing said East line, a distance of 120.71 feet to a point opposite and 98.73 feet Right of Engineer's Station 502+45.59; Thence N 01' 21' 18" W, a distance of 402.59 feet to a point opposite and 103.59 feet Right of Engineer's Station 506+43.77; Thence N 09° 24' 12" W, a distance of 178.09 feet to the POINT OF BEGINNING; whence the point of commencement bears N 070 52' 15" W a distance of 555.76 feet, The above described temporary construction easement contains 7,476 sq. ft. (0.172 acres). more or less. 4769031 Pages: 60 of 73 10/25/2021 11:33 AM Fee$0Weld County CO Carly Koppes, Clerk and Recorder, �I�IIII VIII H)!jI l� TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT -'roject No GR 45 )ate: 07/14/2021 Drawn by. CGG Sheet 3 of 4 Page 60 of 73 • EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45113"W from CHARN point "CDOT MILE POST 270.4411 (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M , and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G Guerrero P L S 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4769031 Pages: 61 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III MAI N++1h�C�M� IiYlIJ�hNJ47�?�li�i� hL1RY�J TEMPORARY CONSTRUCTION EASEMENT TCE-0B FIVE M FARM CO \'WLD COUNTY, COLORADO Inn'. rj4id trThe V 1 I c o N I Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Protect No GR 45 ISM: 07114/2021 Drawn by COG Shea; 4 c • Page 61 of 73 EXHIBIT F TEMPORARY EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL TCE-9A. 4769031 Pages: 62 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I iZi iwt��I4 N�l��I ,iri:k l��b' �i+iiK' N,i'I 11111 Page 62 of 73 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between 5 M FARM CO, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: 5MFarmCO STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. Notary Public 4769031 Pages: 63 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 WOONij IVA IkViikkikinnimm,11111 Page 63 of 73 EXHIBIT 0 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLEGIBLE) 00 Rote,/ r<ov, 128+Qp cm' . -- Section Line N84°23'50"W 828.18' (to P.O.C.) STA: 128+25.00' OFF: 50.09'R P.O.B. TCE-9A :ALL JTILrrf NOT FICAT ION ico CALL2-BU.• L .= CAYSI!, ADVANCE BEFORE YOU DG, GRACIE. OR EXCAVATr FOR TI -E MARKING OF UNDERGROUND MEMBER UTILITIES 100 29+00 ZO SW1 /4 S.21, TO6N, R65W N. LINE NW1 /4, N W1 /4 S.28, TO6N, R65W STA: 129+75.76' OFF: 45.13'R 130t0T _ Row—_ Row—� Ran 131+00 587°19'35"E 1332.54' Ro - � S87:.:10'01 "E 151.41' ��xv STA 128+76.37' OFF 103 17'R N39° 17'58'W 74.09' S TH: 130+05.3 7' OFF: 99.08'R . t S87°47'56"E 300.84' ROY, EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 132f00 RI.. N87'47'56"W 273.37' STA* 130+04.31' OFF: 64 10'R S02°29'02"W 35. 00' TCE-9A 21,757 S.F.± FIVE M FARM CO PARC.#080328000079 RECP. # 2131324 WD, 2-18-1988 200 FEET N W1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Rfl y f7t ��ti; �3 00 00 WCR 66 N89'22'32"E 5522.224'`` 34+ S89"22'32"W 392.69' TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Droject No GR 45 Page 64 of 73 Sheet 1 cf V N! a ``-gym o W vi-_ n-a0r �� mi Wans E1 niet0" reVa EXHIBIT 0 i +00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE 136+00 N89°22'32"E 352.24' S89322'32"W 392.69' SEE SHEET 1 STA. 136+26.90' OFF. 17 80'R CALL Jill, rY K Or F icAt CS' E^ -a :ALL 2 -BUSINESS DAYS IN ADVANCE EC0RE YOU DIG. GRADE, 4R EXCAVATE FOR THE MAP. (t'iG JF UMC-EPGROUND -IEWE[P JTIL;TIES 100 SW1/4 S.21, TO6N, R65W S87°19'35"E 40.03' F2C7W• - �'r? 136+80 Section Line ROW -s ROW STA: 136+66.92' OFF: 17 95'R IOW S00°37'28"E 17.70' TCE-9A 21,757 S.F.± 1 ROA'{),A" S87° 19'35"E 133.453' ROW---- ROW----- !t(r,:2 - N. UNE NE1/4, N W1 /4 S.28, TO6N, R65W FIVE M FARM CO PARC. # 080328000079 RECP. # 2131324 WD, 2-18-1988 200 FEET TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY. COLORADO N W1 /4 5.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. • EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 WCR 66 33654 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No GR 45 )ate: 07/14/2021 Drawn by CG v Scale: i"=100' Sheet 2 of 3 oOr U is„ -ii � 3� 0 0 W 4?; _an ton co U_ 13 lc" AM's nr aM m_ - -4z re U in ar LI N ri A a MN o 'j CON sc c' r• V Page 65 of 73 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN P.O.C. CENTERLINE NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) �2I+00 Row— ;;,128+00" N84 23'50"W 828.18' (to P.O.C.) STA: 128+25 00' OFF- 50.09'R P O B. TCE-9A CALL 2.BUSINESS DAYS IN ADVANCE BEFORE YOU DC GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES N39°17'58"W 74.09' EXHIBIT SW1 /4 S.21, T06N, R65W N. LINE NW1 /4, N W1 /4 S.28, T06N, R65W Row Ro. — — Row STA: 130+04 31' OFF- 64 10'R - EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROv - 132+00 S02 -'29'02"W 35 00' TCE-9A = 21,757 S.F.± FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO NW1 /4 5.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. ROW ROO. . 133+00 S89°22'32"W 392.69' STA 132+7629 OFF 57 34'R WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Droject No. GR 45 ate: 07/14/2021 Drawn by CGG Sheet 1 of 3 o L c J n 00 0 mo3 is 0 i 4! �� U °u c3 We u .950 a.t)mow— reU 1;;a m N QNo � � CI) O L reario� Page 66ot73 EXHIBIT -RO -RO 135+00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROW- ROB" S87'19'35'E 40.03' ROW ROW---- ROW 136+00 136+8C Row— N89°22'32'E 352.24' t — w w w U) S89°22'32"W 392.69' STA. 136+26.90' OFF: 17.80'R CALL UT Putt NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 SW1 /4 S.21, T06N, R65W ROW--- ROW ROW ROVI - N. LINE NE1/4, N W1 /4 S.28, T06N, R65W Section Line 587°19'35"E ,�. 1332.63' ROw- RO'IV ROW R0. STA. 136+66.92 OFF: 17.95'R S00 37'28"E 17 70' STA: 136+67.88' OFF: 35.62.'R TCE-9A =- 21,757 S.F.± FIVE M FARM CO PARC. #080328000079 RECP. # 2131324 WD, 2-18-1988 200 FEET NW1 /4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 `ORO1h Rnyie, C o- WCR 66 ROIN— N �ti r<t)W t11 cc) w 0 Oa-� ~ L U re - Warn gig; Ms t; ram '-4 � Mase N o • tO 4 Page 67 of 73 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-9A, Weld County Project No. GR 45 containing 21.757 sq. ft. (0.499 acres). more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 87° 19' 35" E, along the North line of said Northwest quarter, a distance of 827.10 feet, Thence S 02° 40' 25" W, perpendicular to said North line, a distance of 42.32 feet and also being opposite and 50.09 feet Right of Engineer's Station 128+25.00 and the POINT OF BEGINNING; Thence S 87' 10' 01" E, a distance of 151.41 feet to a point opposite and 45.13 feet Right of Engineer's Station 129+75.76; Thence S 87° 47' 56" E, a distance of 300.84 feet to a point opposite and 37.35 feet Right of Engineer's Station 132+75.52; Thence N 89° 22' 32" E, a distance of 352.24 feet to a point opposite and 17.80 feet Right of Engineer's Station 136+26.90; Thence S 87° 19' 35" E, a distance of 40.03 feet to a point opposite and 17.95 feet Right of Engineer's Station 136+66.92; Thence S 00° 37' 28" E, a distance of 17.70 feet to a point opposite and 35.62 feet Right of Engineer's Station 136+67.88; Thence S 89' 22' 32" W, a distance of 392.69 feet to a point opposite and 57.34 feet Right of Engineer's Station 132+76.29; Thence N 87° 47' 56" W, a distance of 273.37 feet to a point opposite and 64.10 feet Right of Engineer's Station 130+04.31; Thence S 02° 29' 02" W, a distance of 35.00 feet to a point opposite and 99.08 feet Right of Engineer's Station 130+05.37; Thence N 87° 16' 49" W, a distance of 130.10 feet to a point opposite and 103.17 feet Right of Engineer's Station 128+7637; Thence N 39° 17' 58" W, a distance of 74.09 feet to the POINT OF BEGINNING: whence the point of commencement bears N 84° 23' 50" W, 828.18 feet The above described temporary construction easement contains 21,757 sq ft. (0 499 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza. Suite 125W Greenwood Village, CO 801 11 TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WC R 66 & 41 INTERSECTION PROJECT project No. GR 45 )ate: 07/14/2021 Drawn by COG Sheet 3 of 3 • Mat ffsff M L Os a) - r' `u m re®Q- Ci)N o 15;)x` contio Page 6N of 73 EXHIBIT G TEMPORARY EASEMENT FORM, LEGAL DESCRIPTIONS AND DEPICTION OF PARCEL TCE-10 4769031 Pages: 69 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly KopPes, Clerk and Recorder, Weld County , CO lIII 1�rJ1'Rr,IIi���Q I I� ki�rN h4«41r kA kip 1I II Page 69 of 73 GRANT OF TEMPORARY CONSTRUCTION EASEMENT USE modified Form above This Temporary Construction Easement (TCE), is made between 5 M FARM CO, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit fanning (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: 5MFarm CO STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. Notary Public 4769031 Pages: 70 of 73 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIIIIVORPill ' latreCEILAPIIIV IdleIlk II111 Page 70 of 73 i _ EXHIBIT :71.1. UTILITY NOTIFICATION :ENTER OF r6LORADC CALL 2•BUSiESS DAYS i\ ADVANCE 3EFORE YOU DtG. GRADE, OR E CAY.ATE ?OR 711E MARKING OF UMDERGROUNID b1E<r!BER !_TILT ES W1 /2,SW 1/4 5.21, TO6N, R65W i S. LINE SW1 ,'4, SW1 /4 S.21, TO6N, R65W S87°19'35"E 20.39' STA: 133+25.38' OFF: 48.11'L ``- 6 -00 1332.54' P.O.C. SW. COR. SEC.21 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 100 N01°11140"W 11'40"W 25.06' STA: 133+27 12' OFF: 23.1 1'L P.O.B. TCE-10 S88°11'14"E 1.331.34' (to P.O.C) NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMEN TED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. FIVE M FARM CO NW1/4 S.28, TO6N, R65W 200 EE 1T PARC.#080321300053 RECP.#2131764, WD 2-23-1988 RO. TEMPORARY CONSTRUCTION EASEMENT TCE-10 FIVE M FARM CO WELD COUNTY. COLORADO PL TCE-10 = 513 S.F.± STA: 133+45.84' OFF' 4812'L S01 °52'06"E 25.08' PL E1 /2,SW 1/4 S.21, TO6N, R65W STA. 133+47.84' OFF: 23.13'L RO 134+00 135+00 Section Line Row- NO'AL .RCP/J ROW _ N87°19'35"W 20.68' S. LINE SE1/4, SW1/4 5.21, TO6N, R65W Page 71 of 73 PL WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROV'. 136+00 I6+27 W.C.R. 41 PL S87°19'35"E 1332.63' EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT reject No. OR 45 ate: 07/14/2021 Drawn by• COG Scale:1'1=100' "=100' Sheet 1 of 2 o �� U >'s U Cr) m m - -3 - • -' 400 te. o 1W aL cccv -- O a13 171 - mMCIL 'U PARC. #080321300053 RECP.#2131764, WD 2-23-1988 RO PL TCE-10 = 513 S.F.± S01 °52'06"E 25.08' PL E1 /2,SW 1 /4 S.21, TO6N, R65W ROW- ROW—�� ROW RO 134+00 Section Line 135+00 ROW- ROW__ Row N87 -119'35"W 20.68' ROW _ S. LINE SE1 /4, SW1 /4 S.21, TO6N, R65W EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2-GLSiNESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES W1 /2,SW 1 /4 S.21, TO6N, R65W S. LINE SW1/4, SW1 /4 S.21, TO6N, R65W 14(M.• 1332,54' Row —s K"----P.O. SW. COR. SEC. 21 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) S87 °19'35"E 20.39' STA 133+25 38 OFF 4811'L N01 11'40"W r i 25.06' RO 100 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. FIVE M FARM CO ow S8811'14"E 1,331.34' (to P.O.C) N W1 /4 S.28, TO6N, R65W 200 FEET TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO PL WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE PL _ ROW----- ROW---- Row 136+0016+27 Row Row ROW ROW W.C.R. 41 ROW S87°19'35"E 1332.63' rtu�+ ROW ROW -- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 WELD COUNTY DEPARTMENT OF PUBLIC WORKS Project No te: 07/14/2021 WCR66&41 INTERSECTION PROJECT Drawn by CGG Sheet 1 of 2 ��3 - - M O41-Uair R E- ms- 8S IN AA .s renew as rm.0 yq r+ m NaNib �N a. o a. co N Page 72 (301 73 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-10, Weld County Project No GR 45 containing 513 sq. ft. (0.012 acres), more or less, being a portion of land described in Warranty Deed, recorded on February 23, 1988 at Reception Number 2131764 in the office of the Weld County Recorder, located the East half of the Southwest Quarter of Section 21, Township 6 North, Range 65 West. of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian thence S 87°19' 35" E, along the South line of said East half of the Southwest quarter, a distance of 1,331.19 feet, thence N 02° 40' 25" E, perpendicular to said South line, a distance of 20_00 feet to the intersection of the West line of said East half of the Southwest quarter and the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said South line, also being opposite and 23.11 feet Left of Engineer's Station 133+27.12 and being the POINT OF BEGINNING; Thence N 01° 11' 40" W, along said West line, a distance of 25.06 feet to a point opposite and 48.11 feet Left of Engineer's Station 133+25 38; Thence S 87° 19' 35" E, departing said West line, a distance of 20.39 feet to a point opposite and 48 12 feet Left of Engineer's Station 133+45.84; Thence S 01' 52' 06" E, a distance of 25.08 feet to a point opposite and 23.13 feet Left of Engineer's Station 133+47.84; Thence N 87° 19' 35" W, a distance of 20.68 feet to the POINT OF BEGINNING: whence the point of commencement bears S 88 11' 14" E, a distance of 1,331.34 feet, The above described temporary construction easement contains 513 sq. ft. (0.012 acres) more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10'45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M.. as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4769031 Pages: 73 of 73 10/25/2021 11:33 AM d Recoeder$0.0 Weld County . Co CaClerk Carly Koppes, c�ere and Recorder, -_ III P)A!V 'iL'J hiL�f�:+nJ4!'�Ml�{iR}�Yl� ill TEMPORARY CONSTRUCTION EASEMENT TCE-10 1861 FIVE M/'ARM CO V c o uLN T Y WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Jrcject No GR 45 )ate: 07/14/2021 Drawn by v G u Scale: 1"=100' Sheet 2 of 2 Page 73 of 73 New ,iContractRequest ,,Entity Information 11 Entity Name* FIVE M FARMS CO Entity ID* O00018281 Contract Name* PURCHASE AGREEMENT FOR ROW AND EASEMENT ACQUISITION WITH 5 M FARMS Contract Status CTB REVIEW ❑ New Entity? Contract ID 5293 Contract Lead* CKIMMI Contract Lead Email CKimmi@co weld co.us Parent Contract ID Requires Board Approval YES Department Project it GR-45 Contract Descriptions PURCHASE AGREEMENT FOR ROW, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CR 66 AND CR 41 INTERSECTION PROJECT Contract Description 2 PERMANENT EASEMENTS ARE BEING OBTAINED FOR DCP AND NORTH WELD COUNTY WATER DISTRICT Contract Type* AGREEMENT Amounts $42,900 00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov corn Department Head Email CM-PublicWorks- DeptH eadOwel dgov.com County Attorney BOB CHOATE County Attorney Email BCHOATEOCO WELD CO US Requested BOCC Agenda Dates 10/11/2021 Due Date 10/07/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this Is part of a MSA enter MSA Contract ID Note- the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in ! OnBase Contract Dates I Effective Date Termination Notice Period Contact Information , Contact Info Contact Name Purchasing Purchasing Approver Approval'Process ` Department Head JAY MCDONALD DH Approved Date 10/11/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/18/2021 Originator CKIMMI Review Date 10/06/2021 Committed Delivery Date Contact Type Contact Email Finance Approver BARB CONNOLLY Renewal Date Expiration Dates 12/31/2023 Contact Phone 1 Purchasing Approved Date Finance Approved Date 10/11/2021 Tyler Ref # AG 101821 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 10/11/2021 MEMORANDUM TO: Esther Gesick, CTB DATE: November 1, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for 2021-2927 Please place the atached Acceptance of a Deed of Dedication for the 5 M Farm ROW parcel known as RW-9 on the consent agenda. The original docket number was 2021-2927. This ROW acquisition is part of the CR 66 and CR 41 project. can - , l I/03/20Z1 66. y61te) Oz) P,*/ lI/30/21 2011- n2i ECoun DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this Zfig day of Qadisge.e-. 2021, between Five M Farm CO, a Colorado Corporation whose address is 20295 CR 66, Greeley, CO 80631 (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibits. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existlig or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Five M Far. CO /f/#4/1. STATE OF ARIZONA ) ) ss. COUNTY OF popmco IA ) The foregoing instrument was acknowledged before me this 15111 day of O : j -O, , 2021, by MAV( WATS0 N as C 12%tk\ttD►Z of Five M Farms CO. Witness my hand d official seal. is JENTRY STODDARD Notary Public. State of Arizona Maricops County Commission >t 566820 My Commission Expires May 14, 2023 ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated thiso.J16)day of ATTEST: Weld By:. _ Deputy Cler *No Deed of Dedication is valid until 201(1)(a). 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair, Board of County Commissioners unty Commissioners pursuant to C.R. S. 43-2- 4773481 Pages: 1 of 6 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 INFOO Miliekli:k'wir tiMPrrbbn k% iii 1I II 02oG1-1,40x7 EXHIBIT P.O.C. NE. COR. SEC.29 FOUND 2-1,/2" ALUMINUM CAP (ILLEGIBLE) ROW- ROW ----- Section Line ROW- ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE W. LINE NW1 /4, S.28, T06N, R65W S09°24'12"E 258.09' RW-9 = 26,241 S.F.± SEE SHEET 2 RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO N. LINE N W1 /4, N W1 /4 S.28, T06N, R65W ROW P 0 SW1 /4 S.21, T06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 124-00 RQti:° PO'1tr- S87°19'35"E 1332.54' Row ROW 125+,QC WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE W.C.R. 66 ROW---- ROW ---- FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 CD N W1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS LAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER IJTILF IES 200 vFEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT rniart Nn• CLIP Ac Scale: 1 "=1 nn' 4773481 Pages: 2 of 6 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO III IwdlJyj, I III EXHIBIT SEE SHEET 1 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE RW-9 26,241 S.F.± \— STA: 502+49 65 - co OFF. 69.69'R FIVE M FARM CO PARC.]! 080328000079 RECPI// 2131324 WD, 2-18-1988 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS 'INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION FIVE M FARM CO WELD COUNTY, COLORADO \tx. c 0 *I .4 U -r a NW1 /4 S.28, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE OR EXCAVATE rOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 0 Sal n 4773481 Pages: 3 of 6 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII FAVAVIRETIOlid 1111 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT EXHIBIT t Row cc ,„ 0 I P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) ROW Section Line ROW C C 0 510+()u MO l ft i C ROW ROW ROW 1224-0'0 ROW ROW-� ROW ROW- ROW---- ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NO3°59'25"W 475.57' (to P.O.C.) W. LINE N W1 /4, S.28, TO6N, R65W 1 1 . A' 509+03 02 OFF 45.70'R P.O.B. RV -9 S09°24'12"E 258.09' N00°22'25"W 807.45' RW-9 = 26,241 S.F.± N. LINE NW1 /4, N W1 /4 S.28, TO6N, R65W RQif' SW1 /4 S.21, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD -6K 2, PG 77 JULY 7, 1876 1244_0o ROW ROW' RCi'. r' '---y�..� S87°19'35"E 1332.54' ROW-- ROW ROW ROW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE f1 �1 w RO W.C.R. 66 ROW-- ROW ROW FIVE M FARM CO PARC. #080328000079 RECP.// 2131324 WD, 2-18-1988 SEE SHEET 2 RIGHT OF WAY ACQUISITION RW-9 FIVE M FARM CO WELD COUNTY, COLORADO NW1 /4 S.28, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO RO4 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. FOR THE MARKING OF UNDERGROUND MEMBER UT41TIE5 CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE OF UNDERGROUND MEMBER UTILITIES 0 100 200 FEET 0 Lj e ° I 9/18/20' ' pit 336 L LA y r sk- CC \ I. 186? cal' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 4773481 Pages : 4 of 6 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO HAIINIMIVailtilkiMMIANAMI!iiiiiitill J O r C M01:1 z MO8 0 S. V i O 0 f s 73 9- 0 0 ca C) �ti % J a, co S01 SEE SHEET 1 S09°24'12"E 258.09' 'STA. 506+43 17' OFF. 74 64'R WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE RW-9 = 26,241 S.F.± W. LINE N W1 /4, S.28, T06N, R65W OFF: 69.69'R 57;04-9.) 21 17'R it EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 RIGHT OF WAY ACQUISITION RW-9 FIVE M FARM CO WELD COUNTY, COLORADO FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 NW1 /4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL. 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER unl!T.ES 100 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 4773481 Pages: 5 of 6 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County CO W40410441 IIHI EXHIBIT DESCRIPTION A parcel of land, No. RW-9, Weld County Project No. GR 45 containing 26,241 sq. ft. (0.602 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the West line of said Northwest quarter, a distance of 474.62 feet, thence N 89° 37' 35' E, perpendicular to said West line, a distance of 30.00 to the East right of way line for Weld County Road 4' as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said West line common to said Sections 28 and 29, and also being opposite and 45.70 feet Right of Engineer's Station 509+00.02 and the POINT OF BEGINNING; Thence S 09° 24' 12" E, departing said East right of way tine, a distance of 258.09 feet to a point opposite and 74.64 feet Right of Engineer's Station 506+43.17; Thence S 01° 21' 18" E, a distance of 395.79 feet to a point opposite and 69.69 feet Right of Engineer's Station 502+49.65; Thence S 16° 24' 17" W, to said East right of way line, a distance of 163.80 feet to a point opposite and 21.17 feet Right of Engireer's Station 500+93.76; Thence N 00° 22' 25" W, along said East right of way line, a distance of 807.45 feet to the POINT OF BEGINNING; whence the point of commencement bears N 03° 59' 25" W, a distance of 475.57 feet, The abcve described parcel contains 26,241 sq. ft. (0.602 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORN' (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and or behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-9 FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 4773481 Pages: 6 of 6 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO III rid Phil: I Ur :WO I 144. Weli him 'AO III III MEMORANDUM TO: Esther Gesick, CTB DATE: November 1, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for 2021-2927 Please place the attached Acceptance of a Deed of Dedication for the 5 M Farm ROW parcel known as RW-9A on the consent agenda. The original docket number was 2021-2927. This ROW acquisition is part of the CR 66 and CR 41 project. ad(a-i) ( I/03/202.1 Conwa 19911/0104, go 0 0"1°1 2oZl-29Z"1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of ,ipfe,� , 2021, between Five M Farm CO, a Colorado Corporation whose address is 20295 CR 6, Greeley, CO 80631 (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibits. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Five M Fa //,44/ STATE OF ARIZONA ss. COUNTY OF (1P 1&QPA ) The foregoing instrument was acknowled ed before M MA< VJATT/Z0N as eiVANTOK Witness my hand and official seal. ACCEPTANCE me this i.$11day of OC,TO P>ER of Five M Farm CO. JENTRY STODDARD Notary Public, State of Arizona Mericope County Commission M 566820 My Commission Expires May 14, 2023 ,2021, by 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. ATTES Weld dritelj ler�B•:r By: l iz�I �I ✓�� *No Deed of Dedication is valid until a 201(1)(a). 4773479 Pages: 1 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO BOARD OF COUNTY COMMISSIONERS WELD, OUNTY, COLORADO air, Board of County Commissioners fy Commissioners pursuant to C.R.S. 43-2- ddoog - a2qo2 VIII NU�1K��R iM�l�f�'4 : dl Veil II III EXHIBIT 5+00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 I N TX. PLAN CENTERLINE N86°37'26"W 1,631.12' (to P.O.C.) ROW----- ROW-. 136+00 SEE SHEET 2 S87°19'35"E 1,599.89' 589'22'32"W 352.24' RW-9A = 26,797 S.F.± CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKINC OF UNDERGROUND MEMBER UTILITIES 0 100 ROW---- ROW 137+00 Section Section Line ROW SW1 /4 S.21, T06N, R65W RO\A ROW-- ROW STA- 136+26 90' 'OED. 17 30'R P O.B RW-9A ROW ROW Row N. LINE NE1/4, N W1 /4 S.28, T06N, R65W -- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 R ,►L._ Paw� N , �.1 , JULY 7, 1876 o ROiV�: RCA S87 1935 E 1332.63' ROW---- ROW Row FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET N W1 /4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Row Roy WCR 66 ROW ROW v -O 7, <4% Row ROW ROW ROW pt 0 le i c` \ F /c 9;1812021 0`. 336.4 do /0 ;Al La`i 1 RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO lak 4sisait•-(,,,c GUN WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66&41 INTERSECTION PROJECT IrN .., 1-' 4773479 Pages: 2 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii rilifirdffiliXdidAlivili, 111111 ,a ROW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 128+00 ow N86°01'25"W 702.91' N. LINE N W1 /4, NW 1/4 5.28, TO6N, R65W 129+00 w N87°10'01 "W 175.63' CALL UTILITY NOTIFICATION CENTER OF COLORADO [Stoll CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 ROW STA: 128+00.9041 OFF: 51.05'R EXHIBIT S W1 /4 S.21, T06N, R65W ROW 130+0Q N86337'26"W 1,631.12' (to P.O.C.) RO�h---- ROW 131+00 587°19'35"E RO 1332.54' N87°47'56"W 300.84' STA ':29-75.76' OFF 45.13'R par S87' 19'35"E 1,599.89' ROW ------ 32+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW--- kv ; aQ 134+00 1332.63' S89°22'32"W 352.24' RW-9A = 26,797 S.F.± STA: 132+75.52' OFF. 37.35'R FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. ✓.., .COUNT 4773479 Pages: 3 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT AI... r'n AC Crala• 1 l nn' III POrdlilifilL kI'IA 'k I1'M P!iI '!'P lU 11111 EXHIBIT iOw . xI O 0 12r +0Q 0 0 C C + i P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) ROW 121+00 ROW ROW Section Line WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE 122+00 ROW ROW .C.R 66 `--STA: 120+28.0 ' OFF: 57.10'R S46°09'00"W 94.56' N00°22_'25"W 75.00' STA: 120+34 30' OFF. 131-84 R EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 In WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE i i 0 I 100 W. LINE NW1 /4, S.28, TO6N, R65W 200 FEET L. 123+00 - N. LINE NW1/4, NW1/4 S.28, TO6N, R65W 1- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 124+00 Rcikiv ROw N86°01'25"W 702.91' 120+97 28' ; 'FF 61 30'R SW1/4 S.21, TO6N, R65W N86°37'26"W 1,631.12' (to P.O.C.) 125+00 S87` 19'35"E 1,599.89' 126+00 RW-9A = 26,797 S.F.± FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RO 127+00 S87°1935`nE '332.54' CALL UTILITY VOTIF!CATION CENTER OF COLORADO rap CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UT1L TIES s� Q /co 9i18/2021 o Il 33654 I 113 0. SEE SHEET 2 e,' 3 COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: i"=100' 4773479 Pages: 4 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III rd II 135+00 i— SEE SHEET 2 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N86°37`26"W 1,631.12' (to P.O.C.) ROW ROW 136+00 S87° 19'35"E 1,599.89' S89°22'32"W 352.24' RW-9A = 26,797 S.F.± CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND UE1.SER UTILITIES 100 ROW ROW 137+00 Section Line Raw EXHIBIT S W1 /4 S.21, TO6N, R65W ROW Row Row STA. 136+26 90' OFF: 17 80'R P.33. R`fv-9,4 ROW ROW ROW Row-- S87°19'35"E 1332.63' Rte` ROW RC N. LINE NE1/4, N W1 /4 S.28, TO6N, R65W FIVE M FARM CO PARC. ff080328000079 RECP.II 2131324 WD, 2-18-1988 200 FEET NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO 861Ar d' u EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW ROW ROW ROW WCR 66 ROW ROW Row RO'1:---- ROW WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 4773479 Pages: 5 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County , CO IScale 1"=100' III RIPANI.MI.LitiiiitaiANicrAltriiiiiki 111111 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE Section Line CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIirtiES N. LINE NW1/4, NW 1/4 S.28, TO6N, R65W EXHIBIT SW1 /4 S.21, TO6N, R65W ROW 130+00 N86°37'26"W 1,631.12' (to P.O.C.) '-- ROW - 137+00 S87°19'35"E S87°19'35"E 1,599.89'- ROW - 32+00 133+00 WCR 66 RW-9A = 26,797 S.F.± FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 200 FEET RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO NW1/4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A M0NUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. CJ N -EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW ROW STA 132+75 52' OFF 37 35'R WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No. GR 45 4773479 Pages: 6 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 'Scale: 1"=1001 III liVraFillIAN I1A 'I,IIN PAfAkii 111111 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE `STA• Ut26 07' CTc• 1 0'R S46°09'00"W 94.56' N00°22'25"W 75.00' ST'; 120+34 30 OFF 131.84'R WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE TO6N, R65W EXHIBIT L 123+00 `-- ROW- STA. 120+97 28' OFF. 6' : R -- N. LINE N W1 /4, N W1 /4 S.28, TO6N, R65W -- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 124+00 S W1 /4 S.21, TO6N, R65W N86°37'26"W 1,631.12' (to P.O.C.) 125+00 S87°19'35"E 1,599.89' 126+00 RW-9A =- 26,797 S.F.± FIVE M FARM CO PARC. //080328000079 RECP.# 2131324 WD, 2-18-1988 200 -I FEET RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO ott N W1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT /. REPRESENT A MONUMENTED LAND (/ SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Co 587°19135"E 1332.544 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND `.!E!.tiiEAr Irttj-rT.1 5 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT N T Y Prniprt Nn rzp AC 4773479 Pages: 7 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder: Weld County CO IScale: 1 l nn' III 111111 EXHIBIT DESCRIPTION A parcel of land, No. RW-9A, Weld County Project No. GR 45 containing 26,797 sq. ft. (0.615 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 87° 19' 35" E, along the North line of said Northwest quarter, a distance of 1,630.99 feet, thence S 02° 40' 25" W, perpendicular to said North line, a distance of 20.00 feet to the South right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said North line common to said Sections 21 and 28, and also being opposite and 17.80 feet Right of Engineer's Station 136+26.90 and the POINT OF BEGINNING; Thence S 89° 22' 32" W, departing said South right of way line, a distance of 352.24 feet to a point opposite and 37.35 feet Right of Engineer's Station 132+75.52; Thence N 87° 47' 56" W, a distance of 300.84 feet to a point opposite and 45.13 feet Right of Engineer's Station 129+75.76; Thence N 87" 10' 01" W, a distance of 175.63 feet to a point opposite and 51.05 feet Right of Engineer's Station 128+00.90; Thence N 86° 01 25" W, a distance of 702.91 feet to a point opposite and 61.30 feet Right of Engineer's Station 120+97.28; Thence S 46° 09' 00" W, a distance of 94.56 feet to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet width, 30 feet on both sides of the West Section Line common to said Sections 28 and 29, and also being opposite and 131.84 feet Right of Engineer's Station 120+34.30; Thence N 00° 22' 25" W, along said East right of way line, a distance of 75.00 feet to the corner intersecting said South right of way line and the said East right of way line, to a point opposite and 57.10 feet Right of Engineer's Station 120+28.07; Thence S 87° 19' 35" E, along said South right of way line, a distance of 1,599.89 feet to the POINT OF BEGINNING; whence the point of commencement bears N 86° 37' 26" W, a distance of 1,631.12 feet The above described parcel contains 26,797 sq. ft. (0.615 acres). more or less. RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO �4. 86 ��' j1�. -�, C0 J. •r z 4 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT I rages : o of 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III ri 'qij raitImillag 11111 • EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero PLS. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Vi;lage, CO 80111 4773479 Pages: 9 of 9 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County . CO i II tillID Wilk RIGHT OF WAY ACQUISITION RW-9A FIVE M FARM CO WELD COUNTY, COLORADO sL 18 61 �..e'- WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale. 1"=100' Date' 08/17/2021 (Drawn by CGG I Sheet 5 o' 5 Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Monday, November 1, 2021 8:21 AM CTB Clayton Kimmi Items to Add to File 2021-2927 DCP Easement Signed by 5M Farms.pdf Attached is the executed permanent easement that we acquired for DCP from 5 M Farm. The easement does not need to be accepted by the BOCC but it needs to be added to the file. The easement also needs to be recorded. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. ConWt4--1rA-- lVo3 rZozi (eid(e-O nip afri 11/30/Z 1 etz-virl eeion9 NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, 5 M Farm Co 20295 CR 66 Greeley, CO 80631 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: NW1/4 and W1/2 of the NE1/4, Section 28, Township 6 North, Range 65 West of the 6th P.M. Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other 4773480 Pages: 1 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co 11111 NU�.��1'��ri�l'hh�+'I'r 1�FSI�Li�'14 UCI�J�Y�h �I II infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN ,e2E4SS WHEREOF, Grantor has executed this instrument this day of , 2021 signed, sealed, and delivered in the presence of: L////1/11 5 M Fa Co ACKNOWLEDGEMENT STATE OF ARIZONA � COUNTY OF P�1COQ A . Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, Man< �Nolt-� l known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this IP day of 1 1-O eR A.D. 2021. My commission expires: 05�Iy�2023 4773480 Pages: 2 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO WirdrItraInfilyl'iiiiliolLaTromProo Li um SS. otary Public JENTRY STODDARD Notary Public, State of Arizona Maricope County Commission M 566820 My Commission Expires May 14, 2023 EXHIBIT I i i xl P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLEGIBLE) 121 ROW Row Section Line -�- ROW ROW 0 C V I �0 40 0 S00°22'25"E t Section Line ci ' 2,'„v 0ic ROW ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 W. LINE N W1 /4, S.28, TO6N, R65W ROB;' ROW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE 123+00 .244+0u S W1 /4 S.21, TO6N, R65W ROW--- ROW ROW---_ ROW 587°19'35"E 1332.54' OW---- ROW ROW ROUE N. LINE NW1 /4, N W1 /4 S.28, TO6N, R65W :25#00 Rt)�P"--r--: 125+00 T 7+Q0 W.C.R. ROV - 66 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N07'52'15"W 555.76' (to P.O.C_) STA: 502+20.51' OFF: 55.C'6'R N85°06'41 "E 30.09' 508+21.59' OFF: 35 13'R P O.B. PE -9 100 PE -9 = 20,939 S.F.± 50924'12"E 178.09' N09°24'12"W 178.34' SEE SHEET 2 200 FEET N W1 /4 S.28, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 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. 0 h. �Q -,flGLIZ% Sc-, 9/18/2021 0'� II 654, • 0 PERMANENT EASEMENT PE -9 FIVE M FARM CO WELD COUNTY, COLORADO est— • 1. 4. it t..alll UNIT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Prninrt Mn• (`L? AR scale- 1 '= l nn' 4773480 Pages: 3 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii rOrdr«n,iiiiiii EXHIBIT S09°24'12"E 178.09' PE -9 = 20,939 S.F.+ WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 N16'24'17"E 120.44' S16°24'17"W 120.71' STA: 501+30 OFF: 63 80'R N81 °59'04"W 30.32' W. LINE NW1/4, S.28, T06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 PERMANENT EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO NW1/4 S.28, TO6N, R65W 200 FEET CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT N TN' 4773480 Pages: 4 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III EVAIREKIVIIIIM irf Ollt,1eitiO lii I III EXHIBIT Row 0 s 0 ;t4 r u^ i 4 v LU I I 4-00 cV N i P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) ROW ROW Section Line ROW 0 O ROW 122 h00 ROW' ROW ROW EXISTING 60' RIGHT-OF-WAY G RD-BK 1, PG 258 APRIL 6, 1874 0 O 0 W. LINE NW1 S.28, TO6N, R65W ROW ROW— ROW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 123+00 ROW ow S W1 /4 S.21, TO6N, R65W 1 ROB". ROW--_. RWV-- 587°19'35"E 1332.54' ROW ROW ROWS Row 125+00 N. LINE NW1/4, NW1 /4 S.28, TO6N, R65W ROW KU.Y '-'ow RO W.C.R. 66 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N07°52'15"W 555.76' (to P.O.C.) / STA: 506+20 51' ;OFF: 55_06R N85306'41 "E 30.09' PE -9 = 20,939 S.F.± S09`24'12"E 178.09' N09°24' 2"W 178.34' NW1/4 S.28, TO6N, R65W 0 SEE SHEET 2 CJ N' 100 CALL UTILITY NOTIFICATION CENTER OF COLORADO 1801 Bib S CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING CF UNDERGROUND MEMBER uT7.ir;ES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT f'l A C CraIa -1"= nn. 4773480 Pages: 5 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 0 0 O C C 0 i M tD 1/40 (N i i O C 1 Lts C 0 O 0 0 z O xl 0 3 0 0 0) N lf� 03 CO r CV ° r 0 N O d r 0 EXHIBIT SEE SHEET f N09°24'12"W 178.34' S09°24'12"E 178.09' STA: 506444 43' [OFF 104.69'R STA: 506+43 17 OFP 74.64'R PE -9 = 20,939 S.F.± CALL UTILITY NOTIFICATION CENTER OF COLORADO WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 N16°24'17"E 120.44' S16°24'17"W 120.71' S:a ^ 59 OFF: 63 BO'R N81 °59'04"W 30.32' STA: 501+35 ORR- 33.82R i I U W. LINE NW1/4, S.28, T06N, R65W EXISTING 4O' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 0 NW1 /4 S.28. TO6N, R65W 100 PERMANENT EASEMENT PE -9 FIVE M FARM CO WELD COUNTY, COLORADO `861 .�� C 200 FEET CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT I 4773480 Pages: 6 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County Co III POrdrilliagliii RATYthilliclailiFit:IFUlaillivi 111111 w il) N N N (ei N up O co N (1) P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 122+00 ROW - Section Line EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 EXHIBIT SW1/4 S.21, T06N, R65W N. LINE NW1/4, NW1/4 S.28, T06N. R65W ROW--- ROW- ROW RO Row___ WCR 66 RCM EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N89'37'35"E 3.60' 200 FEET TEMPORARY CONSTRUCTION EASEMENT TCE-98 FIVE M FARM CO. WELD COUNTY, COLORADO NW1/4 S.28, T06N, R65W ¶71U agth Net CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE =OR THE MARKING OF UNDERGROUND MEMBER UTILITIES NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT ,,,,l.,• , ',_4 nn, 4773480 Pages: 7 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EXHIBIT 2D O O 0 O O S to 9 c cir C� xl O 9- z O O O 23 O 0 i W lf1 N N hi N M N to 0 - 1/4O O=N - O O 0 u7 C I Section Line 3 O O O "UI mi N 0 d co N 'r 0 _a co 0 co O 0 ra 0 SEE SHEET 1 S09°24'12"E 218.78' N09°24` 12"W 178.09' STA: 506+44.84' ,OFF. 114 70'R STA: 506+44.43' OFF: 104.69'R TCE-98 = 7,476 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ,-STA 502+45.09' OFF: 99.70'R ,.r S$A: 502+43.57' OFF: 109 71'R STA: 501+30.59' OFF: 63.80'R N00°22'25"W 34.64' STA. 500+96.12'1 OFF: 63 69'R W. LINE NW1/4, /4, S.28, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 0 TEMPORARY CONSTRUCTION EASEMENT TCE-9B FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 CALL UTILITY NOTIFICATION CENTER OF COLORADO 011 CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE VOL DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 N W1 /4 S.28, T06N, R65W 200 FEET FIVE M FARM CO. WELD COUNTY, COLORADO 1861 f GOU NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LANG SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRiPT1ON ONLY. 00 L 6 1;14 % k. oaPip. a it) 9 18/2021 04 I 36 LL I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 4773480 Pages: 8 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County , CO vi KtrittiriellIMEMIAiTIVelthic*Iitirilivi 111111 EXHIBIT 0 sit 0 .V 1 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) • , . ROW ROW Section Line ROW J { 0' 0 x a LU L!) N N N (`O N 1/40 0 IN o Lo ROW 12200 Rey ROW ROW ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N07°52' 15"W 555.76' (to P.O.C.) ROW ROW 123;CG ROW ROv'i ROW SW1 /4 S.21, TO6N, R65W N. LINE N W1 /4, N W1 /4 S.28, TO6N. R65W t7r,^„ Roy, ROW------ 587°19'35"E 1332.54' ROW ROW-- RO ROW ROW-- - ROW WCR 66 ROW -- ROW - EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 W. LINE N W1 /4, S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 503+62 91' OFF 26.83'R N89°37'35"E 3.60' STA: 5U8+62 77 OFF 90.43`R NOO°2225"W 41.07' STA: 508121 59' OFF 85 13'R P O S TCE-93 N09°24`12"W 178.09' TCE-9B = 7,476 S.F.± TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO 0 SEE SHEET 2 rs- \]\1' v COUN "V• NW1 /4 S.28, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO 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. CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UmUPES Y 100 200 FEEL? WELD COUNTY DEPARTMENT OF PUBLIC WORKS R WCR66&41 INTERSECTION PROJECT Project No: GR 45 IScale. 1 "=100' 4773480 Pages: 9 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EXHIBIT 0 0 0 1 O O 0 O 0 0 1 0 C I` O LO 0 0 • i C 0 +.4 O 0 0 1 -i ,0 9 Gel eat v et • • -e a, Ln N 0 SO1 S09°24'12"E 218/8' N09°24'12"W 178.09' STA 506+44.43' OFF: C4.69'R TCE-98 = 7,476 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE TSTA: 502;45.09•, OFF. 99.70'S STA: 502-4-43 57' OFF: 109.71'R N00°22'25"W 34.64' STA. 500-196 12' OFF 63.69'R W. LINE N W1 /4, S.28, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 0 TEMPORARY CONSTRUCTION EASEMENT FIVE M FARM CO WELD COUNTY, COLORADO SEE SHEET 1 FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 CALL UTILITY NOTIFICATION CENTER OF COLCf2ADO (811 aZti CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 tesies NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 200 FEET WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 4773480 Pages: 10 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO III EMPLUOMINIMIYMEITiliiiii,Fi:kilai NIP!) Ill EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-9B, Weld County Project No. GR45 containing 7.476 sq. ft. (0.172 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along said West line of said Northwest quarter, a distance of 551.01 feet, thence N 89° 37' 35" E, perpendicular to said West line, a distance of 72.52 feet to the East line of the Pipeline Easement Recorded at Reception #3911672 on February 21, 2013, at the Weld County Clerk and Recorders office and also being opposite and 85.13 feet Right of Engineer's Station 508+21.59 and the POINT OF BEGINNING; Thence N 000 22' 25" W, along said East line, a distance of 41.07 feet to a point opposite and 86.83 feet Right of Engineer's Station 508+62.91; Thence N 89° 37' 35" E, continuing along said East line, a distance of 3.60 feet to a point opposite and 90.43 feet Right of Engineer's Station 508+62.77; Thence S 09° 24' 12" E, departing said East line, a distance of 218.78 feet to a point opposite and 114.70 feet Right of Engineer's Station 506+44.84; Thence S 01° 21' 18" E, a distance of 404.86 feet to a point opposite and 109.71 feet Right of Engineer's Station 502+43.57 Thence S 16° 24' 17" W, to said East line, a distance of 155.44 feet to a point opposite and 63.69 feet Right of Engineer's Station 500+96.12; Thence N 00° 22' 25" W, along said East line, a distance of 34.64 feet to a point opposite and 63.80 feet Right of Engineer's Station 501+30.59; Thence N 16° 24' 17" E, departing said East line, a distance of 120.71 feet to a point opposite and 99.70 feet Right of Engineer's Station 502+45.09; Thence N 01° 21' 18" W, a distance of 402.59 feet to a point opposite and 104.69 feet Right of Engineer's Station 506+44.43; Thence N 09° 24' 12" W, a distance of 178.09 feet to the POINT OF BEGINNING; whence the point of commencement bears N 07° 52' 15" W a distance of 555.76 feet, The above described temporary construction easement contains 7,476 sq. ft. (0.172 acres), more or less. TEMPORARY CONSTRUCTION EASEMENT TCE-9B FIVE M FARM CO WELD COUNTY, COLORADO 186 ?.or COUNT 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT rniort Nnr r R AR Srale: 1" = 1 !?n' 4773480 Pages: 11 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III POMIAMINfitnisiklillifiN 'WNW 1101 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of NIO°45'13"W from CHARN point "COOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning Systern(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero PLS. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-9B FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT I 4773480 Pages: 12 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO III EliirMlii)fliiiiiNglilhigfiFAMII fil Ilkielik EXHIBIT DESCRIPTION A permanent easement, No. PE -9, Weld County Project No. GR 45 containing 20,939 sq. ft. (0.481 acres), more or less, being a portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwest quarter of Section 28, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County. Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the West line of said Northwest quarter, a distance of 551.01 feet, thence N 89° 37' 35" E, perpendicular to said West line, a distance of 72.52 feet, also being opposite and 85.13 feet Right of Engineer's Station 508+21.59 and being the POINT OF BEGINNING; Thence S 09° 24' 17' E, a distance of 178.09 feet to a point opposite and 104.69 feet Right of Engineer's Station 506+44.43; Thence S 01° 21' 18" E, a distance of 402.59 feet to a point opposite and 99.70 feet Right of Engineer's Station 502+45.09; Thence S 16° 24' 17" W, a distance of 120.71 feet to a point opposite and 63.80 feet Right of Engineer's Station 501+30.59; Thence N 81° 59' 04" W, a distance of 30.32 feet to a point opposite and 33.82 feet Right of Engineer's Station 501 +35.13; Thence N 16° 24' 17" E, a distance of 120.44 feet to a point opposite and 69.69 feet Right of Engineer's Station 502+49.65; Thence N 01° 21' 18" W, a distance of 395.79 feet to a point opposite and 74.64 feet Right of Engineer's Station 506+43 17; Thence N 09° 24' 12" W, a distance of 178.34 feet to a point opposite and 55.06 feet Right of Engineer's Station 508+20.51; Thence N 85° 06' 41" E, a distance of 30.09 feet to the POINT OF BEGINNING; whence the point of commencement bears N 07° 52' 15" W, a distance of 555.76 feet The above described permanent easement contains 20,939 sq. ft. (0.481 acres), more or less BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT PE -9 FIVE M FARM CO WELD COUNTY, COLORADO 1 'J' V1/4 dar 'tear NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 'Scale 1 "-100' 4773480 Pages: 13 of 13 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III lOrdlli 11,1i fltAilira kl'O V105,1:§PAlilivielll II I Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Monday, November 1, 2021 8:18 AM CTB Clayton Kimmi Items to Add to File 2021-2927 TCE-10 Signed by 5 M Farms.pdf; TCE-09 Signed by 5 M Farms.pdf Attached are several documents that need to be added to the BOCC file for 2021-2927. The items are the signed temporary construction easements for the 5 M Farms properties that are covered under the agreement signed by the BOCC. These items do not need to be accepted by the BOCC. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Conte t+ ll /(j3/ zoZA 1 ZOLI- Z°IZ1 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Five M FARM CO, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County") : WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County and shall expire and be of no further force or on December 31, 2023, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. County shall not conduct any activities on the TCE during the time irrigation water is being utilized to irrigate crops on Owner's property. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement.— The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: I Five M Farm CO / STATE OF ARIZONA COUNTY of Mf4WPPt ) ss. The foregoing instrument was acknowledged before me this jS day of QaQgj�, 2021, by MPWAC waThoN as CiVMNtO? Witness my hand and official seal. of Five M Farm CO. JENTRY STODDARD Notary Public, State of Arizona Maricopa County Commission 0 566820 My Commission Expires May 14, 2023 EXHIBIT 0 ROY', +00 P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW; - 132+00 O N87°47'56"W 188.32' CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMS€R UTnjTES 100 E 200 FEET 133+00 • \-t.STA. 132+75.52' OFF 37.35'R iv STA: 132+76 29' OFF: 57 34'R TCE-9 = 72,830 S.F.± S W1 /4 S.21, T06N, R65W N. LINE NE1/4, NW1 /4 S.28, T06N, R65W ROW-. -- 134+00 R 66 N89°22'32"E 352.24' Our ROW S89°22'32"W 392.69' 135+00 - 1- N86°37'26"W 1,631.12' (to P.O.C.) PQ WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROw-_ ROW 136+00 STA. 136+26 90'1 OFF: 17.80'R* P O.B TOE -9 FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 N W1 /4 S.28, T06N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. S8T 19'35" E 40.03' ROW--- ROW---. ROW 137+00 Section Line ROW-- ROW -3/4— Row STA: 136+66.92' OFF' 17.95'R S00°37'28"E 17.70' 136+67 88' OFF: 35 62'R TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO e... N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No GR 45 jScale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 6 EXHIBIT 24+00 SEE P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 125+00 126+00 727+00 S87° 19'3 5"E 1332.54' Section Line SW1 /4 WELD COUNTY ROAD 66 & WELD COUNTY S.21, ROAD 41 INTX. PLAN T06N, R65W CENTERLINE N86°37'26"W 1,631.12' (to P.O.C.) CALL UTILITY NOTIFICATION CENTER OF COLORADO Earl CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 STA: 128+00 E40"Th OFF. 51 05'R. , ROW ROW -- S86 *0 1 25"E 702.91' 00128+00 fly ROW N86°01'25"W 694.24' TCE-9 - 72,830 S.F.± zco FEET STA 128+01.51'--' OFF: 71 04'R N87° 10'01 "W 42.51' STA: 128+43 75' OFF 69 39'R N 39° 17'58"W 87.50' 29+00 N. LINE NW1 /4, NW1 /4 S.28, T06N, R65W ROW - 3-1 12.9+75.76' OFF. 45 13'R ROW---- ROW----- RO 130+00 131+0 ROW---- ROW ROW —s. ---n. 887°10101"E 175.63' Rc.. �c ao,� S87°47'56"E 300.84' STA: 129+04 19' I OFF: 132.20'Rj - r f N87° 16'49"W 189.69' STA: 130+88.90' OFF: 61.361R FIVE M FARM CO PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. STA: 130+91.88' OFF: 127.08'R S TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO couN Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"z--100' Date: 08/17/2021 Drawn by: CGG Sheet 2 of 6 EXHIBIT P+00 0 R o w 119+00 ROWS a f� 0 Row- :.(` RO// Row RO, z 0 P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) I0 O W. LINE NW1 NE1 /4 S.28, I\ TO6N, R65W a 0 EXISTING 60' -'" _ RIGHT-OF-WAY s RD -8K 1, PG 258 APRIL 6, 1874 3 720+00 CALL UTILITY NOTIF.CATION CENTER OF COLORADO 1801 ce; I C +� • • 0 I 1 7J tzt CAL 2 -BUSINESS DAYS iN ADVAN BEFORE YOU DIG, GRADE, OR EXCA FOR THE MARKING OF JNsNDE MEMBER UTILITIES 100 71, 0 CO U 121+00 RW— ROW ROW S00°22'25"E 3 N 0 200 —I FEET 122+00 \--ISTA: 120+97.26 OFF. 61.30'R LISTA. "121+06 29' OFF: 81 24'R N46°09'00"E 94.56' S46°09'00"W 77 10' STA: 512+70 66' [OFF 73.83.8 , S -A: 512+79.44' OFF 53 90'R SW1 /4 S.21, TO6N, R65W 123+00 ROW ROW ROAt 124+00 S87°19'35"E 1332.54' N86A01'25"W 694.24' S86°01'25"E 702.91' TCE-9 = 72,830 S.F.± EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 125+00 ROW N86'37'26"W 1,631.12' (to P.O.C.) FIVE M FARM CO. PARC. 11080328000079 r, RECP.# 2131324 WD, 2-18-1988 Lui-- N WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE STA: 509+00.02' (OFF 45 70'R STA: 509+00 art OFF: 65.74'R S09°24'12"E 107.02' S'A: 507+93 97' / OFF: 788.20'R /1-N84°19'03"E 10.02' ,„--:STA. 507+94.45' OFF. 88.21'R S09°24'43"E 105.64' S80'35'48"W 10.02' LL' L11 NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO O WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 3 of 6 EXHIBIT 0 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 E. LINE NE1/4, NE1 /4 S.29, T06N, R65W NE1 /4 S.29, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS GAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 0 0 0 O 0 i 0 r i C C O i 200 FEET oz rn M N01 °21'18"W 0 cti (1 co Xi IN - 0 4 o' 1p (O SEE SHEET 3 N09°24'12"W 258.09' S09`24'12"E 44.61' STA: 506+44 01' C== 94_67'R --STA: 506+43 17' m FIVE MFARMCO. r U) PARC. 11080328000079 RECP.# 2131324 WD, 2-18-1988 TCE-9 - 72,830 S.F.± STA: 502+49 65' OFF: 69.69'R STA. 502+46.61', OFF. 89 70'R 'STA. 5001-93 76' OFF 21 171R NO0°22'25"W 69.28' STA: 500+24.52' 21.1f'R 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. N W1 /4 S.28, TO6N, R65W TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Scale: 1"=100' Sheet 4 of 6 EXHIBIT P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (I LLI GIBLE) ROY, 13 +00 0 0 N EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW ROW 132+00 0 1 ROW Row ROW w Rare u� S87°47'56"E 300.84' Ro 133+00 ROM. 5"E N87°47'56"W 188.32' CALL UTILITY NOTIFICATION CENTER OF COLORADO 18111 avieg CALL 2 -BUSINESS OAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 4' Sw1 /4 S_21, TO6N, R65W N. LINE NE1/4, NW1/4 /4 S.28, T06N, R65W ROW 134+00 WCR 66 N89°22'32"E 352.24' S89°22'32"VV 392.69' STA- 132=76 29' OFF 57 34'R TCE-9 = 72,830 S.F.± 200 FEET ROW RO 135+00 I N86°37'26"W 1,631.12' (to P.O.O.) WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROW RCE'r, 136+00 '364-26 90' OFF 17 80'R P 3 FIVE M FARM CO PARC. #080328000079 RECP.# 2131324 WD, 2-18-1988 N W1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. S87°19'35"E 40.03' ROW ROW ROW 137+00 Section Line ROW- ROW ROW ROW STA: -et 921 OFF. 17 95'R S00°37'28"E 1710' STA: 136+67 88' OFF. 35 62'R TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO r r A Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1 "=100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 6 EXHIBIT 24 +00 Wyk SEE R. P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 125+00 126+00 -- = w 127+00 SW1 /4 WELD COUNTY ROAD 66 & WELD COUNTY S.21, ROAD 41 INTX. PLAN TO6N, R65W CENTERLINE N86°37'26"W 1,631.12' (to P.O.C.) CALL UTILITY NOTIFICATION CENTER OF COLORADO STA: 128+00.90' OFF: 51 05'R 587019'35"E 1332.54' Section Line ---- CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND VEM EIER UTILITIES u 100 N86°01'25"W 694.24' TCE-9 = 72,830 S.F.± 200 FEET 1284-01 51' OFF: 74..04 R ov, 128+00 OW N87°10'01"W 42.51' �TN -}_ OFc- 69.39'R N39° 17'58"W 87.50' Row-. 2 N. LINE NW1 /4, NW -I/4 S.28, TO6N, R65W STA: 129-4-75 76' f OFF: 45 13'R ROW ROW 130+00 N87° 16'49"W 189.69' FIVE M FARM CO PARC. 1/080328000079 RECP.# 2131324 WD, 2-18-1988 N W1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. STA: 130'88 90' 61 36'R STA: 130+91 88 OFF • :8'R R0` 131+0 0 O) ti r to CO L / ce ry 9/18/2021 O♦• 1 1 , t � tP 1p`4L LAN NE TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO re WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1 "=100' Date 08/17/2021 Drawn by CGG Sheet 2 of 6 • EXHIBIT '+00 0 ROW I 119+00 ° ---I f I � 20+0o ROW 0 ROW- 0 ROw-� P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) O O 0 W. LINE NW1/4,-El NE1 /4 S.28, I\ TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 x C CAU. UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN AOVAN BE -ORE YOU DIG. GRADE. OR EXCA FOR THE MARKING OF UNDER MEMBER UTILITIES 100 C J O CO N- 0 200 FEET 121+00 122+00 tnr R0.. ROW=— ROW— ROW ti: W.C.R. 66 Do ROtiY r[Uav----- N CO CO N N 0 Usei N46°09'00"E 94.56' S46°09'00"W 77.10' ST y. :;12+70.66" OFF 73.83'R STA 512+79 -14' OFF 53.30'R F SW1 /4 5.21, TO6N, R65W 123+00 124+00 ROW---- ROw -- R ROWt- S8 7° 19' 3S"E 1332.54' N86°01'25"W 694.24' S86301'25"E 702.91' TCE-9 = 72,830 S.F.± EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 125+00 ROW N86°37'26"W 1,631.12' (to P.O.C.) FIVE M FARM CO. PARC. 11080328000079 F- LU RECP.]/ 2131324 WD, 2-18-1988WWW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE ST L. 509+00.02' tit • r� V S09'24' 12"E 107.02' STf-1 OFF- 20'R 97 78 N84°19'03"E 10.02' STA: 507+94 45 TOFF 88 2"R S09°24'43"E 105.64' S80°35'48"W 10.02' NW1 /4 S.28, TO6N, R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMEN TED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. i TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO "� 186;��».e GOU WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale- 1"=100' Date. 08/17/2021 (Drawn by: CGG I Sheet 3 of 6 EXHIBIT 0 a WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. TX. PLAN ; a CENTERUNE Y c EXISTING 60' RIGHT-OF-WAY -BK 1, PG 258 APRIL 6, 1874 I E. LINE NE1/4, NE1/4 S.29, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 Ojj 0 CV ow N CV O x (!) 0 Len t 0 ece c u. 0 0 C + i I MOd -MO8 0 C 0 x 200 FEET an U) Cn co N01°21'18"W O cep co M tort SEE SHEET 3 cn N09'24'12"W 258.09' S09c24'12"E 44.61' STA. 506+44 01' OFF: 94 67'R STA 506+4"317' OFF. 74 64 R SW1 /4 S.21, TO6N, R65W FIVE M FARM CO. PARC. //080328000079 RECP.# 2131324 WD, 2-18-1988 TCE-9 = 72,830 S.F.± T• STA, iThFF STA: 500+93.76' OFc 2'1 17'R N00°22'25"W 69.28' STA: 500+24 52' OFF. 21 17'R 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. NW1/4 S.28, T06N, R65W TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO ZNie 111, Sae G NfY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale 1"=100' Date 08/17/2021 (Drawn by: COG (Sheet 4 of (3 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-9, Weld County Project No. GR 45 containing 72,830 sq. ft. (1.672 acres), more or less, beinga portion of land described in a deed, recorded on February 18th, 1988 at Reception Number 2131324 in the office of the Weld County Recorder, located the Northwestquarter of Section 28, Township 6 North, Range 65 th ownsp 9 West, of the 6 Principal Meridian, in Weld County, Colorado. said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29. Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 87° 19' 35" E, along the North line of said Northwest quarter, a distance of 1630.99 feet, Thence S 02° 40' 25" W. perpendicular to said North line, a distance of 20.00 feet to the South right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said North line common to said Sections 21 and 28, and also being opposite and 17.80 feet Right of Engineer's Station 136+26.90 and the POINT OF BEGINNING; Thence S 87° 19' 35" E, along said South right of way line, a distance of 40.03 feet to a point opposite and 17.95 feet Right of Engineer's Station 136+66.92; Thence S 00° 37' 28" E, departing said South right of way line, a distance of 17.70 feet to a point opposite and 35.62 feet Right of Engineer's Station 136+67.88; Thence S 89° 22' 32" W, a distance of 392.69 feet to a point opposite and 57.34 feet Right of Engineer's Station 132+76.29; Thence N 87° 47' 56" W, a distance of 188.32 feet to a point opposite and 61.36 feet Right of Engineer's Station 130+88.90; Thence S 010 13' 35" W, a distance of 65.79 feet to a point opposite and 127.08 feet Right of Engineer's Station 130+91.88; Thence N 87° 16' 49" W, a distance of 189.69 feet to a point opposite and 132.20 feet Right of Engineer's Station 129+04.19; Thence N 39° 17' 58" W, a distance of 87.50 feet to a point opposite and 69.39 feet Right of Engineer's Station 128+43.75; Thence N 87° 10' 01" W, a distance of 42.51 feet to a point opposite and 71.04 feet Right of Engineer's Station 128+01.51; Thence N 86° 01 25" W, a distance of 694.24 feet to a point opposite and 81.24 feet Right of Engineer's Station 121+06.29; Thence S 46° 09' 00" W, a distance of 77.10 feet to a point opposite and 73.83 feet Right of Engineer's Station 512+70.66; Thence S 00° 22' 25" E, a distance of 367.82 feet to a point opposite and 65.74 feet Right of Engineer's Station 509+00.87; Thence S 09n 24' 12" E, a distance of 107.02 feet to a point opposite and 78.20 feet Right of Engineer's Station 507+93.97; Thence N 84° 19' 03" E, a distance of 10.02 feet to a point opposite and 88.21 feet Right of Engineer's Station 507+94.45; Thence S 09° 24' 43" E, a distance of 105.64 feet to a point opposite and 99.71 feet Right of Engineer's Station 506+89.10; Thence S 80° 35' 48" W, a distance of 10.02 feet to a point opposite and 89.75 feet Right of Engineer's Station 506+88.02; Thence S 09° 24' 12" E, a distance of 44.61 feet to a point opposite and 94.67 feet Right of Engineer's Station 506+44.01; Thence S 01° 21' 18" E, a distance of 400.32 feet to a point opposite and 89.70 feet Right of Engineer's Station 502+46.61; Thence S 16° 24' 17" W, a distance of 233.26 feet to the East right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said West line common to said Sections 28 and 29, also being opposite and 21.17 feet Right of Engineer's Station 500+24.52; Thence N 00° 22' 25" W, along said East right of way line, a distance of 69.28 feet to a point opposite and 21.17 feet Right of Engineer's Station 500+93.76; TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO `14#41/4 fir ��� �8b1 �- el' ,� RI V C r,lJ NTY I'r WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: G R 45 I Scale: 1"=100' bate: 08/17/2021 (Drawn by: CGG (Sheet 5 of 6 EXHIBIT DESCRIPTION Thence N 16° 24' 17" E. a distance of 163.80 feet to a point opposite and 69.69 feet Right of Engineer's Station 502+49.65; Thence N 010 21' 18" W. a distance of 395.79 feet to a point opposite and 74.64 feet Right of Engineer's Station 506+43.17; Thence N 09° 24' 12" W, a distance of 258.09 feet to said East right of way line, also being opposite and 45.70 feet Right of Engineer's Station 509+00.02; Thence N 00° 22' 25" W, along said East right of way line, a distance of 378.00 feet to a point opposite and 53.90 feet Right of Engineer's Station 512+79.44; Thence N 46° 09' 00" E, departing said East right of way line, a distance of 94.56 feet to a point opposite and 61.30 feet Right of Engineer's Station 120+97.28; Thence S 86' 01' 25" E a distance of 702.91 feet to a point opposite and 51.05 feet Right of Engineer's Station 128+00.90; Thence S 87° 10' 01" E, a distance of 175.63 feet to a point opposite and 45.13 feet Right of Engineer's Station 129+75.76; Thence S 87° 47' 56" E, a distance of 300.84 feet to a point opposite and 37.35 feet Right of Engineer's Station 132+75.52; Thence N 89° 22' 32" E, a distance of 352.24 feet to the POINT OF BEGINNING; whence the point of commencement bears N 86° 37' 26" W, 1,631.12 feet The above described temporary construction easement contains 72,830 sq. ft. (1.672 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M.. as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village. CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-9 FIVE M FARM CO WELD COUNTY, COLORADO )al \1 ]:\ T ,h --�, / COU ,4 -a. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 (Scale: 1"=100' Date: 08/17/2021 (Drawn by: CGG (Sheet 6 of 6 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Five M FARM CO, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: I . The TCE is conveyed from Owner to County and shall expire and be of no further force or on December 31, 2023, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. County shall not conduct any activities on the TCE during the time irrigation water is being utilized to irrigate crops on Owner's property. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement,— The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: Five M F :. m CO STATE OF ARIZONA COUNTY of JYjNVilf,OPPk ) ss. The foregoing instrument was acknowledged before me this j,Ttfday of nCTU , 2021, by of Five M Farm CO. t41cV4C WA -VIM as URN1QKv Witness my hand and official seal. EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CAL_ 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRACE. OR EXCAVATE FOR Tr1E MARKING OF UNDERGROUND MEMBER UTILITIES 0 w1 /2, Sw 1/4 S.21, T06N, R65W -00 S. LINE SW1/4, S W1 /4 S.21, TO6N, R65W OW 1332.54' ROW 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. FIVE M FARM CO PARC. 11080321300053 RECP.//2131764, WD 2-23-1988 ra S87'19'35"E 20.39' STA: 133+25.38' OFF: 48.111 NO -1°11'40"W 25.06' ISTA: 133+27.12' OFF: 23 11'L P.O B TCE-1 +00 P.O.C. SW. COR. SEC.21 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 100 133+00 ROW--- ROW S88° 11'14"E 1,331.34' (to P.O.C) NW1/4 S.28, T06N, R65W 200 FEET PL TCE-10 = 513 S.F.± r-4STA. 133+45 34/ ' (oF; 48 12' L S01 52 06 E 25.08' ROW PL E1/2,SW 1/4 S.21, T06N, R65W STA: 133+47.34 OFF 23 13'L ROW 134+00 ROW 135+00 Section Line I` — RCA - ROt/ N87° 19'35"W 20.68' Ro, ROW-- RO' PL WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROW- . ROW Row ROV. 136+00 137+00 S. LINE SE1/4, SW1 /4 S.21, TO6N, R65W ROW PL ROW ROw S87°19'35"E W. C. R. 41 1332.63' stuiA— Kowa —a --ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW TEMPORARY CONSTRUCTION EASEMENT TCE-10 FIVE M FARM CO WELD COUNTY, COLORADO \-))) t arlA 110 4%„Sate ate N T Y r. ,1• WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Cate: 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES #1/2,5W 1 /4 S.21, T06N, R65W .C, -00 S. LINE SW1/4, SW1 /4 S.21, T06N, R65W S87' 19'35"E 20.39' STA: 133+25 38' OFF 48.11'L\ NO1°11'40"W 25.06' STA: 133+27 12' OFF. 23 1 i t P.O.B. TOE -10 1332.54' ROW— - Rah P.O.C. SW. COR. SEC. 21 FOUND 2-1 /2" ALUMINUM CAP (ILLEGIBLE) 100 NOTE: THIS EXHIBIT MAP DOES NOT y REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. FIVE M FARM C PARC. 11080321300053 RECP./I2131764, WD 2-23-1988 ROW--- ROW RO S88°11'14"E 1,331.34' (to P.O.C) NW1 /4 S.28, T06N, R65W 200 FEET PL TCE-10 = 513 S.F.± STA: 133+45.84 OFF ^3 2'! S01 °52'06"E 25.08' PL E1/2,SW 1/4 S.21, T06N, R65W STA: 133+47 84' OFF 2313''_ ROVW ROW --- 134+00 Section Line ROW- ROW N87' 19'35"W 20.68' _135f 00 inima ROW- S. LINE SE1 /4, S W1 /4 S.21, T06N, R65W PL OCL ,c,t G G UF,�� O its 9/18/2021 0`% . 36 Cr WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROW__ 136+00 ROW ROW--- ROW 137+00 PL • .Row- 587° 19'35"E W.C.R. 41 1332.63' Kuw---- _ ROY, EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 TEMPORARY CONSTRUCTION EASEMENT TCE-10 FIVE M FARM CO WELD COUNTY, COLORADO COUN NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A temporary construction easement, No. ICE -10, Weld County Project No. GR 45 containing 513 sq. ft. (0.012 acres), more or less, being a portion of land described in Warranty Deed, recorded on February 23, 1988 at Reception Number 2131764 in the office of the Weld County Recorder, located the East half of the Southwest Quarter of Section 21, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29. Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 87°19' 35" E, along the South line of said East half of the Southwest quarter, a distance of 1,331.19 feet, thence N 02° 40' 25" E, perpendicular to said South line, a distance of 20.00 feet to the intersection of the West line of said East half of the Southwest quarter and the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said South line, also being opposite and 23.11 feet Left of Engineer's Station 133+27.12 and being the POINT OF BEGINNING; Thence N 01° 11' 40" W, along said West line, a distance of 25.06 feet to a point opposite and 48.11 feet Left of Engineer's Station 133+25.38; Thence S 870 19' 35" E, departing said West line, a distance of 20.39 feet to a point opposite and 48.12 feet Left of Engineer's Station 133+45.84; Thence S 010 52' 06" E, a distance of 25.08 feet to a point opposite and 23.13 feet Left of Engineer's Station 133+47.84; Thence N 87' 19' 35" W. a distance of 20.68 feet to the POINT OF BEGINNING; whence the point of commencement bears N 88° 11' 14" W, a distance of 1,331.34 feet, The above described temporary construction easement contains 513 sq. ft. (0.012 acres) more or less BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, S ixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P .M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TOE -10 FIVE M FARM CO WELD COUNTY, COLORADO • CO N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 (Scale: 1"=100' Date 08/17/2021 (Drawn by CGG I Sheet 2 of 2 Hello