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Home My WebLink About20210338.tiffCHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY CRATE RECEIVED CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION Is the propeity currently in violation? MI No / ❑ Yes Violation Case Number: Site Address: No address assigned 080329100001 - Parcel umber: ° 8 0 3 _ 2 9 _ 1 _ 0 0 0 Legal Description: _FTC �T IE-- Section: 29 Total Acreage: "7 Existing Zone District: C-3 � A 0 1 Township 6 ICI, Range 65 Proposed Zone District: i-3 Floodplein: No / 1- _ Yes Geological Hazard: No ElYes ,airport Overlay: .P No / Yes PROPERTY PERTY OWNER(S) (Attach additional sheets if necessary) Name: Dean Andersen Company: Andersen Properties LLC Phone #: Office: 970-352-7797 Email: Street Address: 1490 E, ath Street City/ tateiZip Greeley Colorado 80631 Code: Name: Company: Phone #: Street Address: City/State/Zip Code: Email: APPLICANT/AUTHORIZED AGENT (Authorization must be included if theme is an Authorized' Agent. Name: Daniel Alonzo OMpal ty: :Lamps Rynearson Phone #: 303-1-594-6776 Email: danierialorzo@lamprynearson.corr; Street Address: 4715 Innovation Drive Suite 10D City/State/Zip Fort Collins, CO 80525 Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, endicr plan submitted with or contained within the application are true and correct to the hest of my (cur) knowledge. III fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners most be included with the application, If the fee owner is a 'corporation, evidence must he included indicating the signatory has the legal authority to sign for the corporation. iteThi , Date Signature Signature � � 4 �+ _ E " I�.+ +ate . ek` Print Print • Date 01101/2020 7 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT of PUBLIC HEALTH AND ENVIRONIN TENT 1555 FORTH "17T" AVENUE REELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICE Andersen Properties LLC1 Sarah ' iLamp Rynearson Daniel Alonzo I, (We), _ - , give permission to (Owner — please print) (Applicant/Agent please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: No Address Parcel Number is 0803-29-1-00-001 PT S2NE4 AND P1 29 Legal Description: Gex�r� , T++w111i PSI, Range p _- p Subdivision Name: NONE Property Owners Information: NA I Lot BII. 970-352-7797 Phone: E-mail: Applicant/Agent Contact. Information: 303-594-6776 daniel.alonzo@larnprynearson.com Phone: E -Flail: Email correspondence to be seat to: Owner Applicant/Agent Both Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent E Additional Info: Owner Signature: Date; i Yfri Ce1 7 Owner Signature: -. [date: 01/0112020 9 LAMP RYNEARSON 471 5 Innovation Cyr., Ste. 100 Fort Collins, CO 80525 [P] 970.226.0342 [F] 970.226.0879 LampRynoarson.Com i i June 2020 Change of Zone (COZ) Questionnaire Andersen Sales and Salvage County of Weld, State of Colorado. GREELEY, Colorado 80631 Prepared for: Andersen Properties LLC 1490 E. 8th Street Greeley, Colorado 80631 Project No. 0220001.01 Leaving a Legacy of Enduring Improvements to Our Communities Lamp Rynearson Purpose Statement i • • i Copyright Lamp, Rynearson & Associates, Inc., 2016. All rights reserved. Questions & Answers 1. Question: Describe the purposed of the proposed change of zone. Answer: The current zoning is C -3/A our use will remain the same, The proposed zoning will be 1-3 which will keep the current use as a industrial which is more suitable to the surrounding area. 2. Question: Explain how this proposal is consistent with the Weld Comprehensive Plan. Answer: The current zoning is not a suitable zoning for the area. Zone 1-3 is more suitable and is consistent with the general area. . Question: Explain hover the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. Answer: The current zoning is for large scale regional shopping areas and entertainment. The proposed zoning fits the surrounding areas and still maintains revenue for the area. 4. Question: Explain haw the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. Answer: Surround areas are currently zoned 1-3 and A. This use will be compatible with surround business. 5. Question: Explain how this proposal complies with Article V and Article xl of chapter 23 if the proposal is located within Hazard Area identified by maps officially adopted by the county. Answer: There will be no structures other concrete pad on the site which adheres to Articles V and XI. Na construction will affect the flood hazard areas. 6. Question: Does the sail report indicate the existence of moderate of severe sail limitations? If so, detail the methods to be employed to mitigate the limitations for uses proposed. Answer: Much of the soil in area is a sandy loam, with law erodibility. Na major issues seem to be present. 7. Question: Describe the proposed source of drinking water on the property. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing an existing public water tap, include a letter from the water district, a tap or meter number, or a copy of the water bill. If public water is proposed for new development, provide a "will serve" letter from the water provider. Answer: No water will be used or brought to site. 8. Question: Describe the proposed sewage disposal system is on the property. If utilizing an existing septic system, provide the septic permit number. If there is no septic permit due to the age of the existing septic system, apply for a septic permit through the Department of public Health and Environment prior to submitting this application. If a new septic system will be installed, please state "a new septic system is proposed." Only proposed portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. Answer: No septic system or sewer will be utilized the site is primarily unmanned and will utilize an existing outhouse with a concrete vault. ARTICLES OF ORGANIZATION Form 400 2084 Read about new Forms atniavisosstatemouls Filing fee: $50.00 Deliver to: Colorado Secrete of State Business Division, 1560 Broadway, Suite 200 Denver, CO SO2024169 This document must be typed or machine printed Copies of tiled doctu ents may be obtained a ismintaosaagtesettul 1= 1 I t.•.1 7#L.4I 1.1 i1 -I IS?' r� •': 1 - .t. I ..r M. • •- • i I- = ABOVE SPACE. FOB OFFICE U33 ONLY Pursuant to § 7-S0-203 and part 3 of article 90 of title 7, Colorado Revised Statutes (C.R.S.), these Articles of Organization are delivered to the Colorado Secretary of State for filing. 1. The name of the limited liability company is. ceders en Properties LLC The name of a limited company must contain the term "limited diabitiv con2parny", "ltd. liability company", "limited iiarbil'io, cm", or "ltd. liability co." or the abbreviation "LLC" or 1t,1.C.",§740,-601(3)14 CI.S. . iIficno n, The principal place of business of the limited liability company is: 49_0 Easter th tre a t. ,... GreAy, Colorado 80 631 3. The name, and the business address, of the registered agent for service of process on the limited liability company are: Name Dean R. Andersen � � Ad -- . -.. - -----; Business Address (must be a .street or other physical address in Colorado)14 0 Ea s � _ Eighth ... St re a t,.x.— a le y , Color dp 80 631 Ifmail is undeliverable to this address ALSO ,include a post office box address: Y 4+ a. if the management of the limited liability company is vested in managers, mark- the box "The management -of the limited liability company is vested ' " � p � managers rather than rner��bers, The name(s) .and business address(es) of the initial .manager(s) is(are); Name(s)_ - _ Business Address(es) gl or b. If rnanagement of the limited liability company is not vested inmanagers' rather than members, The names) and business address(es) of the initial member(s) is(are); Name(s). Kenneth E. Andersen Business Address(es) 1490 East: Eiihth atr e e t Greele, C(..aySolta 1490 East Eighth Street, __Greeley, Colora.do 80631 Nam R. Andersen 5. The (a) name or names, and (h) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if film.g of this document is refused, are: Prentice Avenue S�� to 8�Q +�xeen��c�odala�-e, Colorado 80111 aMMAIllaanammegagaragnink Please refer to § 740-301 (8), CAS eltb ,-ar:,;r' This farm asi many idata urbt.rucrorii, affirm tEi nchpl ici pts idic bs kins crux silswe. and are otl swil as a gublic'grace aiahaut repraca alioa.•r trarc ry. 4Viiita this few Ps b:ii4AN:72 U s -dirty ercirt"um t:;il 'catiiA'7 tath:a °flu t4tTo:tt3t! kki'AVM iITV:a% karGlteibk.14 .-93arr.: may e; a n all:: iYamtiniC ti5 Gu1r•1 NaduinJ >r:e rospmai uyclerk;z arroirtii;arm QIZCSTIPIIS .ditire ol:J :d Il�_Lo;�sa4wZl�s. LAMP RYNEARSON September 15, 2020 Feld County Planning Department Michael Fall 1555 N. 17th Avenue Greeley, CO 30531 x-715 Innovation Dr., Ste. 100 Fort Collins, CO 80525 [P] 970.226.0342 [F] 970.226.0370 LampRynearsan.com RE: Completeness Review Comment Response - Andersen Properties, LL Dear Michael, The following are the comment responses from the Completeness Review performed on July 22, 2020. Planning Comments: 1. Submit the agreement that allows Hungenberg to access and use the southern portion of the Andersen Performed on July 22, 2120, properties parcel. Now that the Andersen Property has been surveyed, do any structures cross the property line? Response: Agreement is attached and no structures are on the Andersen Property. 2. Will the portion of the parcel that is located in the floodplain, east of the track terminus be designated as a "No Development Area" as discussed in the pre -application? Response: Yes, this area will be designated as a No Development Area. Further explain that no water source is required for this property as it is an unmanned facility. How long will employees be on site per day, per week? Bottled water should be made available if no permanent water supply is on -site. Response: Employees will pack their own water and food into the facility, they will be instructed when they will be on -site to be prepared. Employees may be on -site for upto 8 hours. 2-3 days per week. 4. Submit any Surface Use Agreements, if applicable and a statement that identifies the mineral interest owners/lessees. If any existing or proposed pail & gas facilities are on- site, please explain how they will be integrated into the site. Response: No surface agreements are located on site. Submit a list of all the utility companies whose utilities are located on or serge the property (electric, gas, communication). Response: Excel is the only utility company in -site which has electric lines. Omaha Fort Collins Lakewood Kansas City 6. Submit any agreement and contact information for ditch, lateral or pipeline located on or adjacent to the site, such as the Eaton Draw. Response: There are no agreements with ditch companies or the Eaton Draw. T. Submit the Signed Statement of Taxes, to be obtained from the weld County Treasurer. Response: Statement of Taxes are attached. 8. Submit the signed Surrounding Property Owner affidavit and SPO buffer report. Each page needs to be signed. See attached. Response: The surrounding Property Owner Affidavit has been signed and is attached. 9. Submit the $5,500 application fee. Checks made payable to WELD COUNTY PLANNING DEPARTMENT. ENVIRONMENTAL HEALTH COMMENTS: 10. Provide the septic permit number for the vault associated with the portable toilet. Response: SP -0800119, Please see attached. 11. What will be stored on the concrete pad? Is it only crushed vehicles without fluids? Response: Shredded metal will be stored on the proposed concrete then loaded on to train cars. PUBLIC WORKS COMMENTS: 12. Submit preliminary drainage report Response: Preliminary Drainage Memo is attached. Sincerely, LAMP RYNEARSON Imo Alonzo, rt Senior Project Manager Weld County Treasurer Statement of Taxes Due Account Number R3923805 Assessed To Parcel 080329100001 ANDERSEN PROPERTIES LLC PCB BOX 865 GREELEY, CO 80632-0865 Legal Description PT S2NE4 AND PT N2„SE4 29-6-65 BEG S4 COR SEC 29 NO1D29'W 2605.15' S84L 0'E 590.46 TO POB NOODO2'W 225.9'9' S84D40'E 1665.64' SOSD19'' 250' N84D4OW 931.42' NOID19'W 25.1T N84D40'W 710.24 TO PpB Sl1us .Address Year Tax Charge 2019 $6,520.06 Interest Fees $0.00 $0.00 Payments ($6,520,06) Balance $0.00 Total Tax Charc Grand Total Due as of 10/13/2020 $0.00 $0.00 Tax Billed at 2.019 Rates for Tax Area 5055 - 5055 Authority WELD COUNTY SCHOOL ITT RE2 NORTHERN COLORADO WATER (NC EATON FIDE AIMS JUNIOR COLLEGE EATON IREC DISTRICT HIGH PLAINS LIBRARY EST GREELEY CONSERVATION a _ Taxes Billed 2019 * Credit Levy Mill Levy 15.0380000* 38,4600000 1, 0000000 9,0000000 6..3,540000 6.36r 10000 3.2170000 0.4140000 Amount $1,27.'99 $3,140.65 $81.661 $734.94 $518,87 $519.44 $26.70 6.$33.81 79.8440000 Values Actual Assessed MANUFCTNG/PROCE $272,520 $79,030 SIT -LAND MAI�JFCTI GIPRCC $9,086 $2,630 ESNG-IMPS Total $281,606 $81,660 ALL TAB. LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER. OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES -- AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAB. LIEN SALE REDEMPTION PAYMENTS_ PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAS`S BUSINESS DA's OF THE MONTH. Weld County Treasurer's Office 1400 N 171h' 1h' Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance: the attached Statement of Taxes Due issued by the Feld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been Laid in full. Date: /0". ts ciOEPID LAMP RYNEARSON November 10, 2020 Weld County Department of Development Review Melissa King 1666 N. 17th Avenue Greeley, Colorado 80631 RE: Andersen Properties, LLC 1490 E. 8th Street, Greeley, CO 8063'1. 4715 Innovation Dr., Ste. 100 Fort Collins, CO 80525 [P] 970.226.0042 [F] 970.226.0879 LampRynearsan.com The project site is in the south half of the northeast quarter of Section 29, Township 6 North, Range 66 Vilest of the 6th P.M., northeast of City of Greeley, Weld County, Colorado. More specifically, the site is situated north of 0 Street, and west of 39.6 Ave. There are Industrial developments to the south of the site. Travel Routes The travel routes for Andersen trucks begin from their yard located at 1490 E. 8t" Street to their property near 31466 County Road 39-1/2. Two travel routes are described below: Route 'I: Trucks will leave the site at 1490 E. 8th Street travel north on County Road 43 to O Street, travel west on 0 street to County Road 39-1/2, then north to site. This route is approximately 3.9 miles and travel time is estimated at 8 minutes. Route 2: Trucks leave site at 1490 E. 8th Street travel west to HWY 86, go north on Highway 86 to G Street exist, travel east to County Road 39.6, then north to site. This route is approximately 4.2 miles and travel time is estimated at 7 minutes. Travel Distribution along the routes are as follows Route : Travel distribution is 60 °A will come from the east traveling to Highway 86, three roads service vehicles traveling west to Highway 86. These roads are 0 Street, E. C Street, and E. 8th Street. 20% will come from the south to the north. 10% will come from the north, 10% will come from the west. Route 2: Travel distributions is 70% coming from south Highway 86, 16% will come from the three roads from the east, and 10% will come from the west, and 5% will come from the north to 0 street. Surrounding areas from the north and east are sparsely populated and zoned }agriculture. Traffic from the south and west will come from the City of Greeley. Traffic Volume Times Morning 7:00 am to 9:00 am will be the highest traffic volumes due to people traveling west and south to go to the City of Greeley in the morning. Omaha Fort Collins Lakewood Kansas City The existing traffic counts and proposed counts are tabulated below in the Table. Proposed Days for Truck Traffic Existing / Employee Prop. Days Increase Ex. Days 1. End dumps per week 30 30 2 4 2 2. Employees per week 2 2 3 3 0 Truck traffic will remain the same for existing or proposed, but traffic will be spread over four days rather than 2 days. Union Pacific delivers 18 cars three brides a week. As detailed in the above table the truck traffic and employee count will not change with the storage addition on the north side of the railroad tracks. Please feel free to contact me at 303-604-6776 or aria email at daniel.alonzolamprynearson.com. Sincerely, Daniel Alonzo, PE Senior Project Manager Lamp Ryn earso n LAMP RYNEARSON September 16, 2020 City of Greeley Public Works 1001 9t" Street Greeley, Colorado 80531 FEE: Drainage Memo Andersen Properties, LLc 1490 E. stn Street Greeley, Colorado 80531 Lamp Rynearson Project No. 022000.01 x-715 Innovation Dr., Ste. 100 Fort Collins, CO 80525 [P] 970.226.0342 [F] 970.226.0370 LampRynearsan.com This drainage memorandum contains the details for the overall drainage design for Andersen Properties LLC site. This memo also includes information on the historic drainage patterns for the site and explains the proposed drainage for the site. PROJECT SITE The project site is located in the south half of the northeast quarter of Section 29, Township 6 North, Range 55 West of the 5th P.M., northeast of City of Greeley, Weld County, Colorado. More specifically, the site is situated north of o street, and west of 39.5 Ave. There are Industrial developments to the south of the site. Refer to Appendix A for a vicinity map. PROJECT DESCRIPTION This drainage memorandum contains the details for the overall drainage design for Andersen Salvage Railroad site. The memo also includes information on the historic drainage patterns for the site and outlines the proposed site and the developed site draining. The project site is approximately 2.0 acres of mostly undeveloped land. Historically, the property has been used as open space. In general, the site slopes from west to east, at slopes ra ng i n from about 0.4% to 5% with the railroad spur being the highpoint on the property. The proposed development will contain a large concrete pad north of the existing railroad spur and a proposed storm drain to facilitate flow from on -site tailwater ditch. The runoff from the site flows northeast to the existing drainage area. DRAINAGE DESIGN The Weld County stormwater Design Standards (County standards), City of Greeley Stormwater Criteria Manual (City Manual), and Mile High Flood Control District and Flood Control District Urban Storm Drainage Criteria Manual (USDCM), as well as good engineering practices, have been used to calculate the stormwater runoff and design the stormwater facilities for this site (see Appendix B for excerpts from reference documents). The 2 -year (minor) and 100 --year (major) design storms were used for the developed discharge, as indicated in the City Standards. The City of Greeley Intensity -Duration -Frequency curves were used Omaha Fort Collins Lakewood Kansas City Andersen Salvage Railroad — Drainage Memo 022 00 0.01 Page 2 of to obtain rainfall data for each storm specified. Because the site is less than 160 acres, the National Method was used to calculate developed stormwater runoff.. The site is currently undeveloped and has minimal flog that runs off the site. Currently all flows drain into an existing tailwater ditch that currently flow though the proposed project location. This tailwater ditch with be replaced with a 24" corrugated Metal Pipe (CMP). The 24" CMP will provide adequate flow, based on an existing 24" CMP currently being used for a road crossing just to the west of the proposed site and no additional flow is introduced between the existing chip and proposed CMP. Slopes from the proposed CMP range from 0.50% to 1.00%. Currently sheet flow of the site is 3.7 cfs for the 100-yr with a impervious value of 21% based on the vegetation. The proposed on concrete pad and site will increase this flow to 14.6 cfs for the 100-yr with a impervious value of 95%. This flow will sheet flow to the north-east portion of the project and ultimately will flow into the existing tailwater ditch to the east of the project. No other drainage infrastructure is needed to accommodate the proposed site. According to the N FMCS websitre, the site consists of predominantly Type B soils with some Type c soils. According to the I' RCS, the Type B soils are classified as Fluvaquents and sandy loam types while the Type c soils are Loveland clay loam and Caruso clay loam, respectively. EROSION & SEDIMENT CONTROL Curing construction, land grading activates will be minimized and BMP's will be installed to minimize the transport of sediment offsite. Silt Fence will be used around the perimeter of the site. There will be a concrete washout, and storage area for the construction phase of the project. Inlet protection will be used on the upstream side of the proposed culvert to minimize sediment runoff entering the pipe. Once the site is considered established, then BR IP's will be removed, and the established vegetation will provide permanent sediment and erosion control. CONCLUSION When developed, the site's runoff will be minimally increased. The proposed concrete pad will route the storm flows ultimately to the existing drainage conveyance. The proposed conditions will have minimal impact to the existing surroundings. All drainage design considerations contained in this drainage report are in accordance with the Weld County Stormwater Design Standards, City of Greeley tormwater Criteria Manual, and the Mile High Flood Control District's Urban Storm Drainage Criteria Manuals. In general, the design presented in this report serves to provide a safe and adequate drainage system for the Andersen Salvage Railroad project. Andersen Salvage Railroad — Drainage Memo 022 00 0.01 Page 3 of ENGINEERS T TEMET hereby certify that this preliminary drainage memo for Andersen Properties, L Lc was prepared by me, or under my direct supervision, in accordance with the provisions of Weld County Storm Drainage criterlal and was designed to comply with the provisions thereof. I understand that Weld County does not, and will not, assume liability for drainage facilities designed by others. Daniel L. Alonzo, P.E. Registered Professional Engineer State of Colorado No. 37550 Gate CERTIFICATION of oWNE hereby certifies that the drainage facilities for the Andersen Properties, LLc .Tall be constructed according to the design presented in this report. We understand that Weld county does not and will not assume liability for drainage facilities designed and/or certified by our engineer. We also understand that Weld county relies on the representation of others to establish that drainage facilities are designed and constructed in compliance with county guidelines, standards, or specifications. Review by Weld county can therefore in no gray limit or diminish any liability, which we or any other party may have, with respect to the design or construction of such facilities. Owner/Developer J I i I + LEGEND LAMP RYN EA R$ O N ---r-l--.tiSptY PROPOSED CONTOUR - - :_,.,•,rri EXISTING CONTOUR • GRADE BRAD PROPOSED STORN SEWER PADFLJEiED NWHHCIL.E m mA. DRAINAGE �xBSIN BQUNDPlTY DRAINAGE 8d61N DESIGN POINT DRAINAGE SUSS SIN NAME t DRAINAGE Ef51N N�FA 471 INN .'.•:.;.- .O'r Jti. RTE • 91 -.^.RTCni I,L.' rn Anti 4:L22110'2 -unp-tmvr:cn.ca n -_ - X44_ -- ---t=R== -- -etn.� �.y : s - - PROPERTY LJNE 5 - -'" �`-"' _ -- -_ `�'y 1 =•- -" -- __ E7Q5U--' IFS- - - _ _ r --.•-.__ 1� �' ' -=' t x�-- --•-•-_--..=_„_- _-- r. E1 - ' - _ - , - ' '� .w"' /'' 1D3-YFAARutmFF caEFFlCIFTIf ' OVERLAND FLOW fRRCJN _P_i--� - _=_-�_.-.•_ ��::-= ::.z mss- -_ ��--��- r -- PRELIMIN NARY DDT RELEASED FCR llf}N h- -- —. rr�"' _._ _-_- 048• ' ^"v '�- -- 4- --A...,... ;-' .Tr-�=,� � _ 4 :-=-1%.---- -'-ti \ a ."`- --- � -- _ -E1 _et: -- t—_,.___,•,_ • -,yam- � - t 4 a —I----r--:_:.- -•� — ~ .py • ate^ -.>� — =S'r z �t14‘..-- �rt�' :•tFrs --. - r .+ a. -- _45:65..........T„`-= �� z=_�••3-=��' h 1 ..�_}_.mss - -- _ C1d4NNFLIED FLAY! ARROW �. �� .{ r ,q _ - • • .•�iJT15,1N('. 'RALF�O�{O ,J 9• a. .. ,�-0- r d_ -__-- _ - = •.• EXISTING 44NCRETE SLAB e v. r '�`• .. .j.• i 1 i• d ••�. d s +' •,. = e ANDERSEN DRAINAGE S liAPA1,AY EXISTING BASIN CALCULATIONS , ' f DESIGN POINT BASIN AREA IIIAOR vOuSfreti W tc C5 0140 I 45 0.100 a El El 2.44 2% 38.4 D.% 4.49 4.21 3.70 O W C) CL D- a_ W AS CD Z C? - ¢ Z � {~/} r W F— L{i O a � J CC L' C5 < < > EL J CJ �i co Cin LLI [li W �' lyf < 0 DfVELOPFQIASIN'CAItULATION54QRIlLING� ' DESIGN POINT BASIN AREA Ingwlviousrwa 7i I tc t5 0100 Q5 1)100 I ,�? -7 "i1y 81 81 2.04 NS'k I 8.01 4.$i 0.89 :4ti 'ahrl , f I EXISTING DRAINAGE MAP li I� I PROPOSED 24-"DMP STORM UNE 78 PIPE ErJSTt4G DITCH FLD45 SLOPE -0.5D% PROF46E4 Mb11H4LF/GLEbll cm - PROPOSED 248CNP STORM LINE 1 r TQ PIPE EXISTING DITCH FLOWS I lFPROPOSED = `4� Pti7P75E0 NNVHOLFJCLEPN OUT _ �•f PROPOSED ?A'ChiP ST4RN LJNE PROPOSED • ' Al 1. sy M v ° T4 PIPE E%15Rt03 DITCH FLf11Y5 PROPERTY LJNE FLS •r 11 ,• _T /fi a"• ...gym.,5LaPE-1.OOL: t =. .i.-r.3Ea 167tH,} - �1+F.` - .. , +77&�-4-,..,_ .Y----- --... ' a fi" • • ' ..-o ,3-. tr- - _j =-- ., , J' 77 +. ti`s-.... i -" 'v=- L ^- - 1 _ m - _-�'� __ - r £ , • PROPOSED` 24' I k at --T 1 - - ¢ __ - - =mac_ s.,, IL _ _ I• — —��.�,�,�,.y�r"�,,.� • L - ,, ' �y •• "�_. - PROPOSED CONCRETE :.� ti a >~ -.,,� _._.^ P. • - EISTIN6 ?AILPDDAD '' i _ , I . , _ �• i a . • -� •• E � _ — — — —_ — '1:•+ --`_�— E15TNCI�REIE 9..d8 • .. r- .i 1 b t , 3 it v .. ., .. .. 1. SKID 'CH WC IMFORMATION �aya..ue 1a+uc daaz �y�nmc i�°ie 9°�atiwaon�iiu { �° oar wori n�"urf e° W R60L lIC Stl41R'Oifr 6 --- ..> --- �r -7 I Ix�mne�° f ?j/ fi Tee u°tuna .. u'�es � n°m °ate .an�+t I(nov, �l,hats t, law. fall ;,,farcyoa dip, RE5Ti7il¢ f PROPOSED DRAINAGE MAP —_ __ -- II il II Cea1 t awns J. MCNOLL DATE f3ifr31 /2020 PR IA:GT MEEK 024bG71,61 BOOTS Mt MOE 8 OF 8 dip Midstream February 26, 2013 Andersen Properties, LLC PO Box 865 Greeley, Co 80632 Re: Natural Gas Pipeline 'field County, Colorado [dear Mr. Andersen: DCP MIDSTREAM 3128 4th Avenue Greeley CO 80631 970 356 9700 Enclosed please find a copy of the Pipeline Right of Way Grant executed in November of 2008: Due to certain economic cond.itions,. DCP did not construct this pipeline as intended in the first quarter of .2009, With the recent success of the horizontal drilling in the Niobrara shale, [MCP will be scheduling the construction of this pipeline starting in November, 2013 and finishing before April of 2014 to avoid any farming issues. In order for DCP to obtain the necessary permit from the Federal Energy Regulatory Commission, it gill he necessary to access your property in mid to late March to review for any endangered species or eligible cultural findings. You may recall DCP constructed our existing 10 -inch pipeline through this same corridor in 2006 with no issues„ so we don't anticipate anything that would change the alignment. Throughout the permitting process you will receive notifications pertaining to this pipeline project. If at any time you have any questions or concerns, please feel free to contact rune at 970-373t6351 Best regards, DCP Midstream, LP Lew Hagenlock Right of Way Supervisor /Inc www.deprnadstream.corn ADIEU iiiiu in iiiiiu nun uni ui nm iiii mi c)," 3602973 02/03/2009 12:05P Weld County, CO 1 of 3 R 16,00 D 0.00 Steve Moreno Clerk & Recorder PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF TIDE SUM OF Ten and More ($10.x}0+) 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, IRATE, Anderson Properties, LLC F.O. Box 365 Greeley, CO $ 0632 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to DGF Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and non-exclusive casement, Seventy-five (75) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive casement of Thirty (30) feet in width, for the purpose of a single pipeline and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing a single pipeline or other appurtenances, for the transportation of oil, gas, petroleum products, grater, 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: Township 6 North, Range 65 West of'the 6th P.M. Section 29: A parcel of land being part of the Si2NE14 and part of the Ni2SE/4, being more particularly described by metes and bounds. Said temporary construction easement and permanent pipeline easement being more particularly described can Exhibit "A" 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. 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. Grantee shall have the right to clear all trees, undergrowth and ether 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 -Hof -way that will interfere with the normal operation and maintenance of said line. Grantee agrees to pay to the owners and to .any tenant, as their interests may be, any and all damages to craps, 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 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. IlsT WITLESS WHEREOF, Grantor has executed this instrument this day of November, 2008 signed, sealed, and delivered in the presence of: Anderson. Properties, LLC BY Dean R. Anderson, Manager Q O Mr0 05 1.01 nL 0. alp M =man cD aco cp 0- Cbd 1�='1 t lt-_-J o -- 0 "-a _L rIC CY) -CY) LO t va r_ I 3:50' GOBI uo----�_ 54+42.93 PARCEL CONVEYED BY REC. NO. ,3311587 (08/1 0/2005) RA. TRaCks C1/4 CORNER SECTION 29 3.25" ALUM. CAP PLS 22098 (SURVEY TEE TO (I) I 8t:344MT 5 605.05') EXGT1NG 10' PIPELINE NE1/4 SECTION 29 T6N R55 \N 6TH P IM 1 5.0' 2 z 853 HORIZONTAL. ALIQNIvIENT (E) 33+-07.59 PI 0940€x'32'3 R N 79°10145° W 860,32 (F) 41+68.41 PI 34°1011431 L S 66°39'01" w 91.60 (G) 42+60.01 P1 28436'44" R N 54-44c115" W 1087.39 (N) 53+4`x',40 PI CISDO'LIQ" L N 87°44215" W 95.54 (I) 54+42.93 PI 03"09'00" R N 84-44-115' W 1834.94 (4 72+77.87 PI 36'28'21" R ANDERSEN PROPERTIES LLC 7PROPOSED PIPELINE I a SE1r4 SECTION 29 CR) I.) Locations t7f utilities and foreign pipoHne5 were Cetermined from visible surface evidence. These lacotions if shentn moy not be CCGUrcte or complete. Other ,�ti 7tfe5 moy exist and ore to be field located by others prior to excavation. - Z.) This document is not c loud survey pint or improvement survey plot. 6# is not to be re''ied upon For the establishment of any land boundary, easement, Fence, ar other future Improvement Fnea. J.) xi directions, distances and dimensions shone, nerean ore (rased on cco-dinatas from the "Colorado coordinate system of 1983 north zone" (Article 52 of Title 3Ett estohiished Us'rrg R.T.K. Q.P.S, techniques and,for the Online dsitianing User Service offered by the N.G.S. 4.) The pm:posed pipeline profile, if shorn, Is intended to represent typcal clearcnees Fer perritting purposes. Thu vertical position is not based on on engineering design and is not to be used far construction_ 5,) The design or use of inuffic signer and aymbcls, ond the trot(iccontrol pion. { devicked hereon, is subject to oRporavol. 4.) Accord ng #4 Colorado Ian you must commence any legs' oction based upon any defect in this purvey within three reers after you first dis.c©ver such defect. In na overt may cny oction based upon any defect in this survey be commenced more than ten years. frorn the date nt the certarieotion shown .h.ere:on. 7.) This Exhibit wos prepared by Poul A Valti4z, PL'S 37068, For end on behalf of Left Hord Comer, Inc. 392 Caribou Poses Circle, L afoyette, CO 80026. 38+02.09 TEE BEGIN PIPELINE LATERAL cp 37+69.58 PARCEL CONVEYED BY REC. NO. 3311587 (08/10/2005) S 10'159'33" W 15O.CM' �r EXHIBIT PPoPosEn p pFUME (E) VICINITY MAP 1"z---2000' 1/4 CORNER sEc 29/SEC 28 3.25`3 ALUM. CAP P'LS 22093 (SURVEY TIE TO (E) N 55'14'02" E 118.59") 5 9 h St MAINLINE 1673,35 FT i TOTAL_ LENGTH 1823.35 FT (110.516 RODS) Q-,37068 test; rigor f mcsadby Paul Vs:chz Oar 7:1x.tl.tr IC.e,:5a.070t dcp Midstreahl. SCALE: 1 "=300' REVISED BY: DRAWN BY: PAV GATE: 10/07/0B DATE REVISED: BOOK8058 AN FRSEN PROPE LUCERNE 16" LOOP, SE1 /4 ec NE1 /4 SEC. 29 T6N R65W 6TH PtY+Ji • TIES LLC WELD COUNTY AF E: 11O83OOO8 7C Midstream February 24, 2015 Andersen Properties Crean Andersen P.O. Box 865 Greeley, CO 80632-0865 Re; Letter Agreement Section 29' 6N-65'► Weld County, Colorado Dear Mr. Andersen:. DCP MIDSTREAIVI 3026 4th Avenue Greeley, CO 80631 7 c. „az nen:I 303 572 3516 fax :Pursuant to our discussions., DCP Midstream, LPG (DCP) as successor in interest to Colorado Gathering, and Processing Corporation ,and Duke Energy Field Services, LP, is pleased to submit the following letter Agreement to Andersen Properties,, LLC (Andersen) regarding the property described as; Part of the Slit NE and Part of the N SE 3 in Section 29, Township b North, Range 65 West of the 6th P.M., identified as Parcel 0803 9100001 in the Weld CountyAssessor's , Office. DCP hereby agrees to allow additional fill material to he placed over the top of their existing pipeline easements located .north and parallel to the existing railroad tracks, including a poured concrete pad with dimensions of approximately 5.5 feet by 700 feet, Said concrete pad shall be installed no less than 5' south of RCP's 10" pipeline covered by the easement recorded at reception #3374190 (copy attached :hereto and made a part hereof). DCP further agrees to allow for the installation of removable concrete pavers north of the above referenced proposed concrete pad, In the event that Andersen elects to add additional fill, the poured concrete pad, and or concrete pavers Andersen will be responsible for reimbursing DCP for the 100% of costs associated with installing four (4) pipeline test leads. As of February 201.5, total cost for four {4) test lead installations is estimated at 53„500. Andersen hereby agrees that In the event DCP requires access to their pipeline(s) located near or underneath the concrete and or pagers for repairs, replacement, or maintenance, DCP will neither be held liable for any damages to the concrete pad or pagers nor the interruption of service the pad and or pagers provide Andersen. No amendment, modification, or waiver of these provisions shall be effective unless written mutual consent is given by each party. All other terms and conditions within the existing DCP easements shall remain in full force and effect. DCP Midstream, LP r Andersen PropertiSt'llweeLk1/4 •046 A , LEC 4165637 Pages: 1 of 3 1Z/16/2015 11:13 AM R Fee:$21,00 $21 , 0$ Carly KoPoes, Clerk and Recorder, Weld County, CO 11111 Nria111E4 "IDA EP:Al:f t II Fi ill la 111111 Exhibit "A" PIPELINE. RIGHT-OF-WAY GIANT WITH RECEIVER/VALVE SITE FOR AND IN CONSIDERATION OF THE SUNE OF Ten and More (SI0.00-9 DOLLARS for the pipeline to be constructed under the terns hereof, to be paid after a survey establishing the route of the line has been. completed, and before construction is commenced, I/VATE, Andersen Properties, LLC P.O. Box 865 Greeley, CO 80632-0865 hereinafter referred to as "Grantor (whether one or snore) does hereby grant., sell, convey, and warrant to DCp Midstream, LP, whose local address is 3026 4t'' Avenue, Greeley, CO 80631, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and non-exclusive easement, Seventy -Five (75) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive casement of Thirty (30) feet in width, for the purpose of a. single pipeline with above ground valve Receiver/Valve Site and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing a single pipeline 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 throutih the fallowing described land located in WELD County, Mate of COLORADO, to wit: Township 6 North, Range 65 'Nest of the 6th P,M. Section ?9: Part S V2 NE 1 and Fart N V2 SF 1/4 Identified as Parcel #08032'9100001 in the Weld County Assessor's Office Said temporary construction casement and permanent non-exclusive pipeline easement being more particularly described on Exhibit "B" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline and valve .site, on, over, and across said land and adjacent land of Grantor. 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. 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 sh.all terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted pen-flattent 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 line. 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 beeping said easement clear of trees, undergrowth, and bnish 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 casement area, including without limitation, tutting trees and damages to surface, fences or any other property owned by Grantor. If the property is leased, Grantee will settle actual damages with the tenant. 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. Grantee further agrees that, if at any time, the pipeline settles or causes any settling, in the area of the pipeline, it will snake all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a. reasonable period of time. 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. 4.65637 Pages: 2 of 3 12/16/2015 11 : 13 AM R Fee ;x,21.00 Carly Ko pes , Clerk, and Recorder, Weld County, CO VIII Eirdri7Fbanalliri !�WI II II I IN WITNESS WHEREOF, Grantor has executed this instrument this signed, sealed, and delivered in the presence of Andersen Properties, LL Dean R. Andersen, Manager ACKN OWI.E STATE OF COLORADO) O) Ss. COUNTY OF WELD) GEMIENV day of t 2015 Before Me, a undersigned, a Notary Public in and for said County and State, on this day personally appeared Oak Y'1 /kr ,-e r�e. ini,J , known to me to be the Mali Ge CL - p, of Andersen Properties LLC on behalf of said limited liability corporation and acknowl dged to me that they execute{l this Agreement for the considerations and purposes therein set forth. Given Under My l iiand and Seal of Office, this 0 day of 2015. My commission expires: ► � � AA> 1 Notary Public NDA MOM KVIAR ' PUBLIC SITlriE colon p NOTARY ID 20114024, 382 MY COMMISSION EXPIRES APRIL. 20, 2019 J� t� O 0 3 • en NI i_ (-4- ILI-0 O '41 L LL -� s97 (Icy 1F LL.e44 ri ( } � el at. ireunL.ram r— a �„4 try, © `r'> oil it, car es N�,5 i I HORiZONTALI ALIGNMENT 0+00 S.O.L. S 03'53'42" W 68.32' (A) 0+68.32 PI 90't00'00" Left S 56'06'184 E 8718.48' i (B) 9+46.80 PI 47'51'424 Left I PROPOSED 20)05' �' VALVE SITE : O+Ott B. O. L. ANDERSEN PROPERTIES LLC r: CONST. 68 LF BORE —� —' • - 1 O+40.77 PARCEL L INF 'I 41 `4FC T — I { F 4. o f ti J X X t I '"'t .4,4. i 7 " 2+80.86 PARCEL LING I•-IUNGENEERG INVESTIWENTS LLC ET AL. LOT S RE -2053 I,) Locations of uti:ities and foreign pipe'rfies were determined from visible surFGSe evidence„ [hese 'locations if shown ;my nOt be accu:r2ie or corrmplefe, Other utilities may exist and ore to be field located by others prior to excavation. ,) Th:'s document is r€?t a i0r?iJ survey plot or improvement survey plat: It is not to be retied upon for the establishment of onyx ionci boundary, easement, fence, burfitns or tither fut.tre improvement lines. 3.) ,qll dire:10°ns. distances and idirnensilons Shawn hereon are based on coordinates from the "Colorado coordinate system of 1983 north zone" (Article 52 of Title 38 C.R.S.) AKA, 'grid". derived from R T,K. G.P.S. techniques onVor the Qnfir:e Positioning Laser Serdrice offered by the N.G.S. Combined Factor (CF)=1.9997¢1999 ; t/CF=1_000253067 at..) IV ITJCE: According to Colo.rcdo Ow u mu y+ detect in this y� ass ca;rarrience onyr legal nctavr� based upon [tr, survey within three years after you first discover such defebt„ in no event may any action based upon any defect in this surfe1` be commenced more than :tent; years PM" the date of the certifica#ion sh,cwn hereon. 5.) This Exhit7+t was prepared by four A Valdez, PIS 37068. for and 5r: behalf of Centerline Surveying, Lit 5200 Mckfurry Ranch Rd, Detfvoe:, CO 80512. 1/4 CORNER SEC 29/SEC 28 3.25 " ALUM. CAP P'LS 22098 .(SDIRV Y TIE TO B.C_L. S 89'41'35' W 502.04) PROPOSED PIPELINE 2+9O.95 PARCEL UNE � rr l� CONST. 5O6 LF BORE 5+78.30 SECTION LINE CM.9 HO.I ES5 INC. LOT A RE -4894 NI 01'09'15" W--2702.25 32133 3.25" ALUM. OAP ,NO PLS INFO. (SURVEY TIE To PI (9) N 0659231H E 2.59 ',44') iarfall ren. IL i t i i J H w 3: G. ,29 O 5T. +D' SITE Ott R 5 TOO' MIN EMI SE1/4 SECTION 20 T8M R651eit 6TH H PM WELD COUNTY EXHIBIT SPB" PROPOSED P.IPELIK 40.77 FT IT 205(35 SITE=700 SO PT rte, VCR 66 PROPOSED ! PIPELINE _-_-- - 28 SECTION hfAP 1/2 MILE LEGEND x — - r Clap Midstreamu SCALE: 1 100' DATE: 07/01/15 DRAWN BY: PAV DATE REVISED: FENCE ROAD EXISTING PIPELINE DITCH Pt7'NERLiNE CU LVERT 4fARKED WATER LINE MAPKEQ UTILITY TOP OF BANK JOB ND,: 1502.E AFE: 500214445 ANDERSEN PROPERTIES LLC sAYWATER EXPLORATION & PRODUCTION LLC1 D ATRIX 12'I LOP SW1/4 SEC. 29 T6N R'85W 6TH Phil (MELD COUNTY SHEET 1 OF 4207259 D5131 /2016 08:08 AM Total Pages 5 Red Fee: $31.00 Carly Koppes - Clerk and Recorder, Weld County, CO PIPELINE EASEMEP•IT AND RICHT-OF-WAY GRANT Platte giver midstream, Mc.. `Ellis PIPELINE EASEMENT AND RIGHT-OF-WAY GRANT :(this 'Grant") from Ali,„ ersen B'roperties-, LLC, ukase address is PO Box 865, Greeley, �0 E-0632 ("6rantor"), to Platte Rivera firlEtIctrearn„ Lae, with offices at 1625 St, Suite 30-24 Deliver„ CO E.02U? (I -Grantee"), FOR AND D IN CONSIDERATION OF Ten Dollars ($10,00) and other good and vaiki.able consideration,. th-e receipt and sufficiency of ikhich hereby acknowledged, Gaulur does hereby long., convey, and -warrant to Grantee, its 5Z3CFCE,f�'r: r. and assigns, a Forty (40) foot, non=exclusive, perpetual r3 l'it-of--bray., privilege and riser .ent thereinafter, tog,ctiier with the rights and. privileges- herein granted, referred to as the `Easemene„) for the purpose of sunieying„ constructing, install€ng, operating, inspecting, maintaining., monitoring, !narking, pro -teal tz, repairing, altering, modifying, changing the- size r�placirtz, relo atin , abandoning. and remov nE, at Crantecrs eieetion, up to two pipeline(s) and all associated appurt ..nanocs,. below or above ground, including. but not limited to, cathodic preat le -L DA equipment, VaNtS, traps, meters, and other equipment, (colletiively, the "Pipe lines(sr) for the transportation, of coil, has, rob -clown products, hydrotarbons„ water, and any prodtacts., derivatives, combinations or mixtures of any of the foregoing., tier-ough, upon, under., along and across the following described lands located bi Weld Count � State of Colorado, to wit: r.^ilb ,C Section 29: ptn N2SESf Also known as Parcel f 0S0329t00001 by the Weld Count -y Assessor's office. The Easement shall be Forty (4D) feet in width (hereinafter referred to as the "bight of Way"). Grantee [nay lase up to an additional rairty-five: (35) feet of adjacent land for the. pulse of initial construction., installation, reclamation and resecLiing operations (herccrlafter to aS the `:'Temporary Construction senac tit"). ':with prior notification ctt'1d corepttization t� Grantor, additional temporary workspace may be utilized by Grantee during constniction for blare pits. stringing pipe, and staging arcas (hem -matter referred to as the "`f c.rnp€ Lary Wortcspace")_ Grantor agues tint arty payment made hereunder by Grance of the 4 ;isideration for the Easement it:ch:des payment for any and all zreticrpate d damages to the Property, meowing, crops, timber, fences, buildings, or other improvements of Grantor on the Right -of -Way area, Temporary Ccusii action Easement area, Temporary Workspace area, or any other portion of the Property, resulting from the exercise of the rights herein granted during initial construction of the Pipeline(s). Pre- CO11 1111eti01.1 payments do not remove time obligation of Grantca to compensate for, or rcrnediate, ertraordinary or unanticipated darnage to Grantor's property as a result of Grantee's uctivit-ies. Grantee shall cause reasonable payment to tie made for actual damages to the Propraty, crags, and fences of Grantor directly resulting from Grarettiv''s future exercs.c any rights herein wanted; provided, however, that Grantee shall have the right from time to ti.raz to clear ice.,.t of Way of any trees, undergrowth, brush, and other obstructions located on or everhan b the Right of Way and shall not be liable for darnage3 caused by clearing ofthe same from te'rlti Right of Way. Gmntee stall have all rights, pri‘rile es and bcnefit.s necessary or conyenient for the fall use and erjornent of this Grant, including. but not limited to dtlt~ right of unobstructed ingress wnd egess aeros-s GrLyrtior?s kinds tyirregektdjaerentle ha the oaf -Way to the extent reasonably necessary to allow Grantee the: foil use and enjoyment of'its rights, privilege:s, and benefits_ At the tirre of construction, the Pipclinc(s) to be laid under this Grant shall be buried at a minimum depth of .tarty-etgh.t (4g) undies belie the surface of the ground, except in .z:- , i, .- .-l-- �-p .,.� ) ) �- � .,. ° E• - -4 g stit��i tax �t`1i t.} cri4i 1• ?i�EtsJ .� �rilii �,}�. lyre acic� CL c3- i�5�t[ 1. ' i�i�.. )�Irdre coastae.;tion; installati€an, replacement or similar operations? topsoil &hall be segegated; ifretpaested by Grantor. Oruntee a Vs to. restive file la.rads disturbed during each op:Taylor's as niarly as pra.ct;c lord Ko tie. condition that existed at the time immediately prior to construction and installation of the Pipeline(s), and rested the same as soon as feasible for germination, Grantee further agrees that, if within a reasonable 'dale after construction, installation, replacement or similar operations, any settling of the flight -cif -Ways or lands adjacent thereto occurs, Grantee shalt make all necessary repairs at Grantee's sole dust and expenses Rage: 1 of 3 4207259 05/31/2016 08,08 AIV Page 2 of 5 Grantee shall have the right to install permanent gates in existing or fu trc fence litres within the boundaries of the Easement after the construction of the Pipeline(s) for permanent access. Grantor shalt have rights of usage to said gates. Grantee scull pay all takes which may be levied or assessed on the installation, use and operation of the Pipeline and Grantee further agrees two promptly reimburse Grantor for the amount of taxes which may be assessed against Grantor by reason of Grantee .having installed its piping and relate equipment upon the real estate of grantor covered by this Easement. In the event Grantee elects: to abandon the lPipelin s), Grantee shall remove all :above vowed appurtenances on the Right -of - Way and shall abandon the Pipeline(s) in place,: pt cant to applicable laws, ivies and regulations. Upon completion of said abandonment operations, Grantee shall restore the Right -of -Way as nearly as practicable to the condition that 'existed at the tittle- immediately prior to such abandonment operations. Grantor shall have the right to fully use and enjoy the above -described premises, subject to the rights herein granted to Grantee and the provisions of this Grant. Grantor agrees not to build, construct, or create any obstruction, fence, buildings, ertj,ineering works or other structures or improvements on, across or under the Right -of -Way that may impair or interfere with Grantee's rights hereunder, without the prior written consent of Grantee, except as specified, below. Grantor may construct a fence (with a gate at the Easement) or road amass but not parallel w ithj n the Easement. Grantor agrees rrut to-isre decrease the surface elevation of the Right - of -Way without the prior v+ritten consent of Grantee„-wh.ich shall not be unreasonably withheld. Grantor .shall he permitted to add fill to bring, the surface to be even in height with the railroad tracks on the property, and shall be allowed to place/pour concrete pavers on the elevate. surface. In the event Grantee must access istailcd pipelines, or install second pipeline within two years of date of this Grant, Grantee shall be allowed to remove pavers without liability for damage to said pavers, and access easement for constraction or maintenance purposes. Grantee shall not be liable to compensate Grantee for interruption of service during construction or maintenance operations, provided such operation are completed within ‘50 days of beginning, Grantor represents and warrants to Grantee that it is the owner in feo simple of an interest in the- surface of the Property, and has the kill right, power and authority to enter into this Grant. Grantor hereby warrants and agrees to defend title to the land on which this Easement is given. In the event of default by Grantor on any mortgage, tax or other lien that ha.s priority over this Easement, Grantee shall have the right to discharge or redeem for Granter, in whole or in paw any such mortgage, tax or lien, and thereupon shall be suhrogated to such lien and rights incident thereto. In the event that the land to which this l as,ement pertains is subject to a lease to any tenant for farming, ranching or any other purposes, Grantor shall be solely responsible for making seta ® ent with any sych tenant or lessee for any share of the compensation paid for the granting of this Easement or for any shams of the damages that Grantee- is ntthenvise required hereunder to pay to the end that Grantee shawll never be required to deal with or pay compensation to any such lessee or tenant, and Grantee may deal exclusively with Grantori grantee shall defend, indemnify and hold Grantor and Grantor's Agents harmless from arid agaiast: all elms, causes of :action, liabilities, losses, damages and expenses arising out of Grantee's activities and operations on the Right -of -Way meads or the exercise of Grantee's rights hereunder, except to the extent such claims arise from a breach by Grantor or this Grant, or From the negligence or willfulmisc+ondu.ct of Grantor. This Grant centains the endure agreement of the parties. This Grant shall not be construed in favor of, or against, any party hereto as a result of the identity of the drafting paw. The parties agree that showed any provision of this Grant be found illegal or unenforceable, that prOViSiOll shall be severed from thisGrant and all of the remaining provisions herein shall remain fully binding and legally ernforceabte unless the severed portion was essential to the intended purpose of this Grant. This Grant may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties are not signatories to the original OLT the same counterpart, Facsimile signatures shall be accepted the same as an original signature. A photocopy of this Grant may be used in any action brought to enforce or construe this Grant. This Grant shall be .eecorded in the Weld County records with a preliminary alignment solely for the purpose of general location and upon completion of construction and survey verification, this Grant shall be re-reecirded with an "as -built" Exhibit t A. Page 2 of 3 4207289 05/3112016 08.08 AM Page 3 of 5 This Grant cannot be modified, except by an instrument int *writing executed by Grantor and an authorized representative of 'Grantee, The rights granted hereunder may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant shad to a covenant running with the land and shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto - This Easement is to be construed in accordance with the lava of the date in which lie the lands covered by this Easement; without giving effect to any choice of law prticiples that impose or attempt to impose the law{s) of another jurisdiction. IN WITNESS WHEREOF, Grantor has executed. and delivered this grant as of this day of 14,29-1 2016. GRA.NT OR: ersen Prop+e e , LLC 3y: Crean Andersen As STATE OF coLoRADo COUNTY OF WELD GRANTEE: Platte Ri stream, Ince By: for ACKNOWLEDGEMENT The foregoing instrument MIS acknowledged before me this of Andersen Properties. l . Witness my nand and official seal. Phtly commission expires: 7C; STATE OF COLORADO l CITY AND COUNTY OF DENVER ss• The foregoing instamein.t was. acknowledged before me this Reumentative for Matte River fvjid,strearn. Inc. Witness my hand and official seal. My col -mission expires; n, as Authorized Representative strum,. Inc. '�rer day of ' � 2016 by Dean Andersm _ls TojG AR STATE ORADO NOTY ID 2�00040004127 IRY aMASSON EXPIRES JANUARY 3, 2020 r=-'ULL T PAC �---- of Mrs-, , 20416 by &net agis ei d Notary Public Paw 3 of 3 DUANE C. RUSSELL istOTARY Male { r STATE OF CRADO OLO NOTARY ID MY COMMISSION EXPIRES JANUARY r. �. 4207289 05/31/2015 08.08 AM Page 4 of 5 EXHIBIT A ATTACHED TO AND IVIADE PART OF THAT CERTAIN E,A.SEMENIT AGREEMENT BET" EEN ,A?4DER EN PROPERTIES. LLC GRANTOR(S) AND PLATTE RIVER MIDSTREAM, 1Ne GRANTEE(S) TOTAL DISTANCE ACROSS PROPERTY: 1459 FT/ 88.4 RODS± AREA OF PERMANENT RIGHT -OP -WAY: 8.34 ACRES1 ,AREA OF TEMPO RY WORKSPACE: 0.90 A R.Eat SHEET 1 OF DESCRIPTION A strip of lard, ten (1100) feet in Width, located in SecIron 29, Township 6 North,. Range 65 West of the Sixth Principal Meridian, County of VVeldt Mate of Colorado, lying five (5,00) feet. On each skle of the following described centerline; COMMENCI P!G at the Center One --Quarter Derr of said Simon 29 (Fouir d 3.x'5" a9urriln urn cap PLS 2209S) wher=e the East Orn uerter Comer of said Section 29 (Found 3+351" aluminum cap Pt=y' 22058) boars South' °39'44' East 2514.08 feat and f.9 the BASIS OF BEARINGS for this description; THENCE North 79+ '34i fast 60613 feet more ar less to the West lire of Parcel 110. 0803291 00001 and POlf`3T OF BEGINNLNG; 'THENCE. South 85°12"11" East 185.00 fee; 1`t-lENGE. South 84°49'20" East 991,14 feet: THENCE North 68633'51- East 86.41 feet more or less to .PONT A on the non -la y line of said Parcel Filo. 060329109001; TI-tENCE South 64440"66' East 21 f ,17 feet are the said northerly line cf Parcel No.. 080329100001 to poprir TI Ef E South 82414'19" East 196,59 feet more or less t4 tile easterly line of scald Parcel No. 080329100001 and the POINT OF TERMINUS whence the said East One -Quarter Corner of Section 29 beers South 62$1911' East 396.35 feet. Sidelines shall be prolonged or shortened to meet the parcel bOundaries and to eliminate any gasps or overlaps. Containing 14,596 square feat or 0.34 acres, more or less_ EXCEPTING THE:REFROly1 that segment between POINT A and PCINT S. 2 1: 4 I Ali bearings are grbr! Bearings of the Colored© Mate Plane Coordinate System, North Zane, Nortn American Datum 1'983 (2011). 4t0 Inain e» awn She IOC CR:rim, CO BC'72 305- Mel 2 CO REVIsccrNs NC- DATE 0 ESC APP. 411 ISSUED FOR REVIEW PLATTE RIVER PA EDS- ENA, INC. DANIEL J. CORRIELL, PLS 38065, FOR AND ON BEHALF OF WILLBROS ENGINEERS (LIS), LLC. RIGHT-OF-WAY EXHIBIT ANDERSEN PROPERTIES, LW APN 080329100001 WELD COUNTY CO e JAC CI ILr DJC I�,i¢ 32/24118 MnJjMdMt; NO. 531511x0 53454100-35-0OANDERSEN geld 4207289 05/31/2016 08,08 AEI Page 5 of 5 EXHIBIT A ATTACHED TO AND MADE PART OF THAT CERTAIN EASEMENT AGREEMENT BETWEEN! ANDERSEN PROPERTIES, LLC GRANTOR(5) AND PLATTE RIVER MIDSTREAM, INC GRANTEE(S) TOTAL DISTANCE ACROSS PROPERTY: 1459 FT/ 88.4 RODS± AREA OF PERMANENT RIGHT-OF-WAY 0-34 ACRES± AREA OF TEMPORARY WORKSPACE: 0.96 ACRES± SHEET 2 OF 2 A PT NE/4 SECTION 29 7'6N R65W 6TH PA. WEn COUNTY, COLORADO HICISHI KO LAND, LLC C APN O8O329OOOO81 Walt.39"SVE 86.4-1" 582 '1 44 WM i96,59r — PONT l A E 114 C0R �1=� ° TIE �' �. LS 22�1� I AFJa1=HSEt�I f#F�C7RERTIES�� LLB -- � � 29 .. P�II�IT B � � =_ ,APf� Oi��1i01 :I��'4�`5�"'I� 21I 1 �'� �"�� r �� C 1/4 COR SEC � � +�. 8' - ��- _ LS 22098 3.25' ALUM CAP�a� 1 _ Sala a•al _ L_ r 35' TEMPORARY WORKSPACE _-�. I 0 _ 150 340 LEGEND i i i i • ■ SEE-rrOn1 LIN E ORM SECTION LINE PROPERTY LINE RC PERMANENT ROW �f6ERLI+JE I�04+Y TERAMOR Ry MONUMENT AS DESCRIBED R! OTT OAP' Iri NOEM POINT OF TERMINATION RE' rvius NO. DATE °ESC-. APP 24416 ISSUED FOR REVIEW I NOTES 10' P'ERW;NEDIT ROW S B4' 1Irt 991.14' �4- — 1. rms IS NOT MANE ° SURVEY PLAT NariAPROVEMENT SURVEY PLAT AND Iatlj$T NQT BE Rai-Ey 1176N TO ESTABLISH nor LAID SQUNIDA TFIER EASEIIAENTS„ F EhiQES, B LJILDJ M1IGS OlR FUT R Q�J1=f.UENT a. 2. THIS EXHIBIT IS INTENDEQ FF RENCE FOR THE GRANT OF AN EASEMENT ONLIVILND AIST NOT BE USED TO ESTAWSH. TRANSIEET OF03ISPLfTE BOUNDARIES. * 3. THIS EXPOSITINA tt,Eymto FOR THE Ent.LISIVe USE OF PLATTE RIVER 4ILISTREAM, IND_ THE SURVEYOR'S STATEMENT �OEaNINOT EXTEND TO ANY UNNAMED PARTY ''lITaH 174145 1P'RESS RE -STATEMENT BY ME SURVEYOR. �. AI�IREVIONS, DISTANCES AND DIMENSIONS ARE GR1D„ CEO ON THE COLORADO STATE PLANE COORDINATE SYSTEM, NIAOa3 pm 1), NORTHI ZONE_ PLATTE RIVER MIDSTREANI, APH OBO329OOOO97 ILIAN1EJL. j. QORRIEILL, FOR AND ON BEI-KLF OF WILL8HOS ENGINEERS, DO HEREBY STATE THAT THIS SIURvEY INAS MADE ON THE GROUND AND 'THAT THIS ExHI BIT REPRESENTS THE FACTS EOLND AT THE TIME OIL THE SURVEY. I I a =Tice Acc ograms TO COLORADO LAIN YOU IM US T COMMENCE ANY LEGAL ACTION BASTED WON ANY DEFECT if,I THIS SURV'EYWI'THIN THREE YEARS AFTER YOU FIRST OLSCOV <R SUCH DEFECT. iN CCO EVENT MAY As" dY ACTION EASED UPON ANY DEFECT IM int SURY7E'Y BE CUMi. LNCEaD MORE THAN TEN YEARS F.ROm Tait GATE OF Mr CEP TIFIIOATM SeCorm HaRtott G. R. S.13mkt (3)(A] RIGHT-OF-WAY EXH BIT ANDERSEN PROPERTIES, LLC APIA C8M291 D0001 '4"It"ELD COUNTY' JAC ArLitill iii; ieJ as re 4116 CO 100-35-aaDANDERSEN 53454100 R4v. 0 y 4► . 5.= 11111111111111111111111111111111311111111111111111111 331586 08/10/2005 10:41A Weld County, CO 7 of 6 R 3.00 0 0.(t0 Steve Moreno Clerk & Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN T4: Andersen Properties, LEC F. O. Box 865 Greeley, Colorado 80632 (Space above for Recorder's Use only) NONEXCLUSIVE ROADWAY EASEMENT 4THIS EASEMENT AGREEMENT is made this day of j , 200, by and between UNION P'ACIF'IC RAILROAD COMPANY, a Delaware c rporation., herein termed "Grantor." and ANDERSEN PROPERTIES, LLC, a Colorado limited liability company, herein termed "orantee"; WIT'NES ETH: 1. Grantor hereby grants to Grantee an nonexclusive easernent, thirty (30) feet in width, can, over, under and across that certain real property in the County of 'veld, State of Colorado, more particularly described in Exhibit A attached hereto and made a part hereof (hereinafter "Easement Area" or "Easement"), for the installation and use of a nonexclusive road for vehicular and pedestrian access and ingress and egress over the Easement Area to Grantee's adjacent property and for the installation, operation and use of an one -inch (1") water pipeline. Except as set forth above, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines. Grantor specifically reserves to itself, its successors and assigns, the non- exclusive right for itself, its employees, licensees, agents and invitees to use the Easement Area on a nonexclusive basis. Said Easement Area shall not be used for the parking of motor -vehicles by Grantee or its employees, agents, licensees, or invitees. 2. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. , Grantee shall bear the entire cost and expense of grading, installing and maintaining a blacktop read on the Easement Area, adequate to withstand industrial and commercial usage by trucks and ether vehicles. All improvements to the Easement Area shall be MG O5 ._„,, 41'1 IIIIIIIIIIIIIIIII1111111111111111111011111111111111111 3311586 OB/1012005 10:41A Weld County, CO 2 of 6 R 31.00 Q 0.00 Steve Moreno Clerk & Recorder subject to Grantor's prior approval. Grantee shall submit all plans (engineering and construction drawings) to: Union Pacific Railroad Company ATTN: General Manager, Real Estate 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 Grantor shall either approve or disapprove the plans submitted within twenty (20) days after receipt, such approval not to be unreasonably withheld. Grantor's review and approval of the plans shall in no way relieveGrantee from, its responsibilities, obligations, and/or liabilities under this Agreement, and shall be given with the understanding that Grantor makes no representation or warranty as to the validity, accuracy, legal compliance or completeness of the plans and any reliance by Grantee on the plans shall be at the risk of Grantee. 4. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they became or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the Easement Area as a result of Grantee's use, presence, operations or exercise of the rights granted. hereunder, Grantee shall, at its expense, be obligated to clean all property affected thereby, to the satisfaction any governmental body having Jurisdiction in the matter. 5. Grantee agrees that no assessments will be levied against the property of Grantor to defray any part of the expense incurred in connection with any construction in the Easement Area. 6. Grantee agrees to investigate, release, defend and indemnify Grantor, its officers, employees, agents, successors and assigns from all claims, liability, cost and expense, howsoever same may be caused, including reasonable attorneys' fees, for lass of or damage to property, or injuries to or death of persons arising out of the construction, reconstruction, maintenance, presence, or use of the Easement .Area by Grantee, its employees, agents, licensees, invitees, successors or assigns. 7. Grantee shall fully pay for all materials installed in the Easement Area and shall pay in full all persons who perform labor thereupon. Grantee shall not permit any mechanics' or materialmen's liens of any kind or nature to be enforced against the property for any work done or materials furnished thereon at Grantee } s request. 8. Fiber optic systems may be buried on Grantor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and. profits. Prior to beginning any work, Grantee shall telephone Grantor during normal business hours (7 a.m. — 9 p.m., CT, Monday- I-1:IDat,aV©rdlsales CONWeld Cauntyl2228-79 Andersenl2228-79 Easern ent.duc I Il�lll illll III!! IIIII lilt �illli 111111! ill IIII�III� VIII 3311586 08/0/2005 10:41A Weld County, CO 3 of 6 R 31.00 D Q,OQ Steve Moreno Clerk 8e Recorder Friday, except holidays) at i-800-33b-9193 {a 24 hour number for emergency cabs} to determine if fiber optic cable is buried anywhere on the Easement Area. If it is, Grantee will telephone the telecommunications enmpany(ies) involved, arrange for a cable locator, and make arrangements for relocation or protection of the fiber optic cable prior to beginning any work in the Easement Area. 9. Grantee hereby acknowledges that Grantee is accepting this Easement in an "AS IS" condition, and that it has not relied on any warranties, promises, understandings or representations, express or implied, of Grantor or its agents or employees. Grantee shall perform and rely upon its own independent investigation of the physical condition of the property; Grantee hereby releases Granter from all responsibility and liability regarding the condition (including, but not limited to, the condition of the soil, presence of hazardous materials or contaminants and all other physical characteristics), valuation or utility of the Easement Area. 10, Should Grantee, its successors or assigns, at any time abandon the use of said Easement, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby granted shall cease to the extent of the use so abandoned or discontinued, and Grantor shall at once have the right to assume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. 11. The parties intend that the promises and obligations of this grant shall bind and inure to the benefit of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement in duplicate as of the day and year first herein written. GRANTOR* UNION PACIFIC RAILROAD COMPANY, a Delaware corporation GRANTEE: ANDERSEN PROPERTIES, LLC, a Colorado limited liability company HAData\WordlSales COVINeid Cooty12228-79 Andersen12228-79 Easeicient.doe 3 3311586 08/10/2005 10:41,A Weld County, CO 4 of 6 R. 31.00 0 0,00 Steve Morena Clerk & Recorder STATE of NEBRASKA COUNTY OF DOUGLAS 3 ss. 1i_ on _.1 51 , 2005, before me, a Notary Public in and for said Count and State, personally appeared ri,Levicene nil mir- gi0i wait of UNION PACIFIC RAILROAD C MPANV, a Delaware corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name i sub scribed to the within. instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity up laon rs behalf of ` which the person acted., executed the instrument. G161;61%41 r. I ` • .+ GENEAAC- =,. • NOTARY• se .' r•,fitri5 WITNESS my hand and official seal. GRaIG A, LARSEN I� Y COWI lSSION EXPIRE August 28, 2C08 ; . 4:dt i9644CE.M..-•r•'•i.I--�'Ir4._..6't LIP •••&VV..R.g.dolil emu V:I l mad (SEAL) Notary Public HADataWford\Sales COMeld ICounly12228-79 Andersen‘2223-79 EaseEnent.doe 1111111 X1111 i1ll� VIRE I��III IIIIIIIIII 11111 111111 3311586 08/10/2005 10:41A Weld County, CO 5. of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ss. COUNTY OF WELD l On J �, 2005, before rne, a Notary P b i lc n and for said taunt and State, personally appe ed �.. R. ta r1/4a, i of ANDERSEN PROPERTIES, LLC, a Colorado limited liability company, ersonally known to me (or proved to nee on the basis of satisfactoryevidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon on l� behalf of which the person acted, executed the instrument. WITNESS nay hand and official seal. (SEAL) Notary Public elmiks o,t,)cp firzFor HAData\Word\Sales CONVeld Connty12228-79 Andersen1222S-79 Easement doc 1111111111111111311111111011111111111111111HI 3311586 08110/2005 10:41A Weld County, CO 6 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder UNION PACIFIC RAILROAD COMPANY Gill, Weld County, Colorado IDCHIBIT A A parcel of land being part of Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) /4) of Section Twenty-nine (29), Township Six North (T.6N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: B E GINNING at the Center Quarter Corner of said Section 29 and assuming the West line of the Northeast Quarter (NE1/4) of said. Section 29 as bearing North 00'02'00" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North. Zone, North American Datum 1983/92, a distance of 2664.48 feet with all other bearings contained herein relative thereto, From said Center Quarter Corner the following corners beat as follows: South (quarterComer: South 01°29'40" East a distance of 2626.25 feet; East Quarter Corner: South 8599'42" East a distance of 2614.70 feet; THENCE North 00°02'00" 'west along the West line of said S 1/4 NE1/4 /4 a distance of 4.07 feet to the TRUE POINT OF BEGINNING: THENCE North 84'40'56" West a distance of 30.13 meet; THENCE North 00°02'00" West a distance of 65.2$ feet; THENCE South 84'40'5x" East a distance of 630.13 feet; THENCE South 00°02'00" East a distance of 30.13 feet; THENCE North 84'40'56" Vest a distance of 567.68 feet; THENCE South 45"00100" west a distance of 45.48 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 20,524 Square Feet, more or less OFFICE OF REAL ESTATE OMAHA, NEBRASKA January 20, 2005 2279b.leg EASEMENT ENCROA HIVIEN T AGREEMENT This Easement Encroachment Agreement ("Agreement") is made and entered into this day of August ust 2020 by and between Andersen Properties, LLB', whose address is: PO Box 865, Greeley, CO 80632 ("Property Owner 1") and Hungen erg Investments, LLC, whose address is: 976 N Balsam Ave, Greeley, CO 80631, ("Property Owner ") Recitals WHEREAS, Property Owner l owns the real property ("Encroached Property'') described. in Exhibit 1, and Property Owner 2 owns the property which is described in Exhibit 2 ("Encroaching Property"); and. WHEREAS, the building existing on the Encroaching Property "Building") encroaches nine 9) feet onto the Encroached Property, and Property owner 2 has requested that the Building on the Encroaching Property be allowed to encroach into a portion of the Encroached Property ("Encroachment Area") as detailed in Exhibit A, which is a graphic representation of all or a part of the aforementioned Property, Easement, Building and Encroachment Area; and NOW THEREFORE, :for ten dollars and other good and valuable consideration the receipt and sufficiency of which hereby is acknowledged, Property Owner 1 and Property Owner 2 agree, and covenant as follows: 1. Property Owner 1 hereby grants an access and encroachment easement to ,Property Owner as described on Exhibit C ("Encroachment Easement") for the term set forth in paragraph below, Property Owner 2 hereby acknowledges that this Encroachment Easement prevents any claim by Property Owner 2 to a prescriptive easement in, on or over the Encroached Area . Property Owner 2's Encroachment Easement shall have a tem of the earlier to occur of the following: 99 years or b. emoval of the encroaching portions of the E3uilding. Property Owner 2's right to encroach upon the Encroachment .Area as provided for in this Agreement shall only exist for the life of the Building or any part thereof that encroaches into the Encroachment Area. Additionally, any actions on the part of the Property owner to remove; replace; tear down, modify, or reconstruct all or part of any such Building that encroaches onto the Encroachment Area shall cause Property Owner's rights under this Agreement, with regard to such Building, to terminate, 3. Property Owner 2 agrees that the Building has been placed in the Encroachment Area by Property own.er 2 at its sole risk and in no event will Property Owner 1 be liable for any damage or injuries of any nature or type whatsoever regarding the building including, but not limited to, any damage to the Building or its contents and Property owner 2 shall have full responsibility for the repair or replacement of the Building or its contents. Property Owner 2 allows such Building to exist and remain in the Encroachment .area with full knowledge of the condition of the Encroachment Area and Property Owner 2 assumes all liabilities, risks and responsibilities with regard thereto. Furthermore, property owner agrees to indemnify, hold harmless, and/or reimburse Property Owner 1 regarding any damage or injuries that may result to any persons or property including, without limitation, damage or injury to any Improvements that arise out of the maintenance, excavation, removal, or mere existence of the Building. Property owner 2 hereby releases Property Owner 1 and shall fully protect, defend, indemnify and hold harmless Property owner 1, its agents and representatives from and against any and all losses, claims, causes of action, or liability of any nature with regard to such :wilding and any contents including} without limitation, any damage to persons or property that may result from the ownership or operation of the Building. 5. When Property Owner 2's right to encroach expires or otherwise terminates as provided for above, all the remaining terms and provisions contained in this Agreement shall remain in full force and effect, including all releases, indemnity, and hold harmless provisions concerting such. 6. Each and every one of the benefits and burdens of this Agreement nt shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the Parties hereto_ 7, This document shall be recorded with the Weld County Clary and Recorder among the real property records for the above -described Encroached Property. and Encroaching property. . If any provision of this Agreement shall be found to he illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and such term or provision shall be deemed stricken for as long as it remains illegal or unenforceable. 9. This Agreement shall be construed in accordance with the laws of the State of Colorado without reference to conflicts of laws. In the event of any dispute over the Agreement's ment's terms and conditions, the exclusive venue and jurisdiction. for any litigation arising thereunder shall be in the District Court of Wield County, Colorado, and, if necessary for exclusive federal questions, the United States District Court for the District of Colorado. 10. This Agreement constitutes the entire agreement between the Parties and supersedes all previous written or oral communications, understandings, and agreements between the .parties unless specifically stated herein. This Agreement may only be amended by written agreement signed by both. Parties. 11, All notices required under this Agreement shall be in writing and shall be personally delivered, sent by overnight delivery service, or mailed by certified nail, postage prepaid and return receipt requested, to the Party's address shown below or to the property owner of record_ Notice given by personal delivery, overnight delivery or mail shall be effective upon actual receipt. The parties may change the address to which any notice to be delivered by giving notice as provided herein. Property Owner Name: Andersen Properties, LL Address Line 1: ISO Box 865 City -State -Zip: Greeley, CO 80632 Property Owner 2: Marne* Hungenberg Investments, LL Address mine 1: 976 North Balsam. Ave City -State -Zip: Greeley, CO 80631 12. The failure of a Party to insist, in any one or more instances, upon a strict performance of any of the obligations, covenants or agreements herein contained, or the failure of Party in any one or more instances to exercise any option, privilege or right herein contained, :Tall in no way be construed to constitute a waiver, relinquishment or release f such obligations, covenants of agreements, and no forbearance by the Party of any default hereunder shall in any manner be construed as constituting a waiver of such default. IN WITNESS E HERE F, the Parties hereto have executed this Agreement as of the day and year first above written. .dean Andersen, Andersen Properties, LLB' } '" Pa.61 Hungenberg,, Hungenberg. ves ent . LLC The foregoing instrument was acknowledged before nee this rLEJ day of August 2020, by Dean Andersen. Witness. nay t_and and official seal... My 'omission Expires:,037.0 /2 -C -)Z-3 • Mi_._.. l',18U SA GABS NOTARY PUBLIC ST T� OF COLORADO N U TAR`S a 2,0114012942 rdi v cirri/Wil t S ON EXPIRES MARCH 6, 2023 5 n The foregoing1t7 r strum n was acknowledged before me this - . of August 2020, b 1 ;A LA n'N-Rocte_skii ,19de_ri Witness may hand and official seal. _ My Commission Expires: L..) 5 � C? c.„/ fiz o2. 3 MELISSA GAT118 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114012942 IsAY COMMISSION EXPIRES MARCH 6, 2023 otary Public � l T o the E.A.SEM ENT ENCROACHMENT ,AMIEEMENT Legal description. of the Property ' E4 AND PT N2SE4 29-6-65 BEG S4 COR SEC 9 NO1D291W 2605,15' 4L 4CrE 599_46 TO FOB N 00D0 P 225.99' S84D4CrE 1665.64' 05 D 19' ''' 250' ' 4 40'1 31.42' 1 :13 19PW 5.17' N841}401W 710.24 TO PO H 7.70 he r EASEMENT ENCROACHMENT . .i" ki E Legal, description o the Property ±MENT T Ear SE I 6 COR T N84D101A1 140.2x' N04D4 'E 837.95' NS4D-W ]243.56' 0D4 '` 'r 464.73' S84D101 1 6.49' OD 14'E 25.14' SAD OT 1292.73' 'FE O D "E 1285.66' TO AEG EX E,l IT 311 rII-° A To the LJA Graphic representation of the encroachment area EXHIBIT A LEGAL DE CR T9N A PARCEL OF LAND BEING A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER SECTION 29, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNT'S OF WELD, STATE On COLORADO, BEING MORE PARTICULARLY DESRIBED AS FOLLOVVS. BEC-iNN:SIG AT A PONT AT THE INTERSECTION OF THE NORTH LINE OF 1.OT B CORRECTED RECORDED EXEMPTION NO. 6813 -29 -4 -RE -3564 WITH A WEST LIME OF A BUILDING ADDITION, VVHENCE Tr'E NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 29 BEARS NORTH 81'19117" VEST A [DISTANCE OF 523.92 FEET AND CONSIDERING THE NORTH LNE OF THE WEST CALF OF SOUTHEAST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 84°55'28" EAST WITH .ALL BEARINGS HEREIN RELATIVE THERETO; THENCE. NORTH 05°45'24" EAST ALONG THE VVEST LINE OF SAID BUILDNG ADDITION A DISTANCE OF 9.00 FEET TO THE NORTHWEST CORNIER OF SAID BU''L DING ADDITION; THENCE SOUTH 83°35'24°" EAST ALONG THE NCPT' i WALL OF SAID BUILDING ADDITION A, DISTANCE OF 56.52 FEET TO THE NORTHEAST CORNER OF SAID BUILDING ADDITION; THENCE SOUTH 06°31,44„ VVEST ALONG THE EAST WALL OF SAID BUILDING ADDITION A DISTANCE OF 8.42 FEET TO A POINT OF INTE7ESECTION! OF THE EAST WAI I. OF SAID BUILDING ADDITION AND THE NCR -7F' LINE OF LOT B; CORRECTED RECORDED EXEMPTION NO. 0803 -29 -4 -RE -35611; THENCE NORTH 84°10'28" WEST ALCONG THE NORTH L:NIE OF LOT B, CORRECTED RECORDED EXEMPTION NO. 8803 -29 -4 -RE -3564 TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 492.79 SQUARE ;0.01 ACRES), MORE OR LESS. SURVEYOR'S C _7T[F!YE I, ROBERT THOMAS, A COLORADO LICENSED PROFESSIONAL LAND SL RV" \IOR DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY CIE OR UNDER MY PERSONAL SUPERVISION, AND TEAT IT IS CORRECT TO THE BEST OF ICY KNOWLEDGE AND BELIEF. KS .� rr. ROEEP:T D. THOMAS PL,S 38353 FOR AND ON BEHALF OF HOM.AS LAND SURVEY!NG, LLC a,.... 1 p :J _ at ]'7 DATE toe e ,006 . fect PREPARED BY: THOMAS LAND SURVEYING, LLG. 2619 VVEST I TH STREET RD. SURE ; 24 GREELEY, COLORADO, 80634 TELEPHONE: {97'0} 304-0984 PAGE I OF 2 2104.004 WERNSMAN 31466 CR 39 1/2 EXHIBIT EXHIBIT A CENTER QUA. `TER CORNIER SECTION ,29, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P.M., FOUND 3 1/4" ALUMINUM CAP LS 27269 �'°7�� NORTH PROPERTY LINE 7PR0PERTY LOT B CORRECTED RECORDED EXEMPTION No 0803 -29 -4 -RE -3564 lice= CIMI o grilliterc,.= EXISTING BUILDING 30 0 ` 1 INCH = 2;00 FEET 30 (BASIS OF 'SEARING S 841'5528" E � ) 1290.88' CENTER EAST SIXTEET 11TH CORNER, SECTION 29, TOWNSHIP 6 NORTH, RANGE 65 VVES T OF THE 6TH P.M., FOUND 2 1/2" ALUMINUM CAP LS 27269 �ICRTH LINE, Vr`EST HALE, � SC�U?'H EAST � UARTEI�. 001 •�1'�DE 529, T6 N R;WQ , 6Th' P. M. .EL PARCEL.NO.PROPERTIES,0 03291 0 fito �r JiF rr S ��©3�'2�� E �6. At,DILD:1:101:2 LC e e �� .'tiy�r 26.83.14,24:r 6¢3 I ,211 VV A/P. :4:B1028Iiiiib. LOT B, CORRECTS REC ORCED ExE Y, P TN IVO. 0802-29-4-RE-3564 802-29-4_RE 356 j Illirati .e 4 1 �� s. �g=armD any tan 4, NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATON TO AID IN THE VISUALIZATION OF THE VURT7EN1 PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN DESCRIP--^ ON SUPERSEDES THE EXHIBIT DRAVVIN . SURVEYOR'S CERTUFICATE I. ROBERT THOMAS, A COLORADO LICENSED PROFESSIONAL LAND SURVEYO ,� STATE THAT THIS EASEMENT EXHIBIT VAS PREPARED R �C h �REB� Ea BY 11,E �OI� UNDER �#11� PERSONAL SUPERVISION, AND THAT IT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. -42 H��S -11C, '99&-- -- ROBERT D DATE PLS 38353 I=GRAND ON BEHALF OF THOMAS LAND SURVEYING; LLC PREPARED BY: THOMAS LANE) SURVEYING, LLC. 2619'VEST 11TH STREET .RD. SUFI' - 24 GREELEY, COLORADO, $0834 TELE PP NE: {970) 604-0984 FAGS 2 OF 2 2004.004 VVERNSMAN 31466 CR 30 1/2 EXHIBIT TAGREEMENT Agreement made effective the a' day ofint;, 2003—e,by and between Andersen's Properties, LLC, of Greeley, Colorado, herein referred to as "grantor," and Hungenberg Produce, LLC, Hungenberg Produce, Inc., herein referred to as "grantees," In consideration of the mutual promises contained in this agreement, the parties agree as follows SECTION ONE AT OF EA EIvIE` ; DESCRIPTION F PREMISES Grantor grants to grantees an easement to occupy and use, subject to all of the terms and conditions of this agreement, the following described property ("the property" located: in the County of Weld, State of Colorado, specifically described as: See Exhibit A, attached hereto for description of the property. SECTION TWO TERMS of USE AND ACCESS A. The above -described property may be occupied and used by grantees solely for purposes related to the business of Hun;genhtrg Produce, TLC and. Hungenberg Produce, Inc., and for incidental purposes related to such purposes during the period beginning on +; saa the day of :17.# y and continuing until this agreementis terminated as provided in this agreement. Purposes specifically, but not exclusively, related to the business of grantees include access to electrical equipment, carrot cull, reject bins, farm fields, and any lawful activity related to grantees' operations. B. Grantees' access to the property shall be restricted to gates through a. fence to be constnacted on grantor's property. Grantees shall not have access to the property from the land located north of the center of the rail hied. C. Grantees shall limit all points of access to thc property such that the property is used only by persons- acting in the course of grantees' customary business activities, except grantees shall not be responsible for the acts of trespassers, D. Grantees shall provide and maintain equipment on the property such that grater used in grantees' operations will not flow from the property onto adjacent property owned or used by ,grantor. w E. Grantees shall not materially increase or materially alter its use of the property, nor .shall it materially modify or add equipment or facilities on the property without first obtaining the permission of grantor. Grantor shall not unreasonably withhold its consent to any such modifications, Fib rantor and grantees agree to construct a fence to separate grantees' employee parking in lot fromgrantor's access road. The parties agree to divide equally the cost of the fence. G. rantee may construct of a fence ten feet (10') east of ;granter's current employee entrance so as to permit access between grantees' employee parking lot and grantees' employee entrance. H. Grantees may maintain on the property its existing electrical equipment and cull bin dump equipment. I, Grantor shall not erect any structure adjacent to or near the property such that grantees' access or use thereof would be materially and adversely affected. SECTION THREE EASEMENT This easement shall be a covenant running with the land* SECTION FOUR TERIVIINATION A. if grantees shall make an assignment for the benefit of creditors, or be placed in receivership or adjudicated a bankrupt, or take advantage of any bankruptcy or insolvency law, grantor may terminate this agreement by giving written notice to the grantees, specifying the date of termination, such notice to be given not less than 60 days prior to the date specified in such notice for the date of termination. B. If grantees time violated any of its obligations as set forth in this agreement, grantor shall provide written notice to grantees of such violation(s), and grantees shall thereafter be provided 60 days to remedy the violation(s). If remediaticn is not practicable within 60 days, grantees shall take reasonable measures to correct the problem in a timely manlier. Should remediation not be accomplished at the expiration of 60 days, or later if 60 days is sooner than practicable, the easement shall terminate. C. On any termination of this agreement, grantees, shall cease its use of the above - described property, and shall remove from such property ,all propeny installed in, on, or attached to the above -described property. D, Any terminatio-n of this agreement, howsoever caused., shall be entirely without prejudice to the rights of grantor that have accrued under this agreement prior to the date f such termination. SECTION FIVE MISCELLANEOUS TERMS Grantees agrees to hold harmless and indemnify grantor against all claims, whether meritorious or not, arising out of grantees' use of or access to the property, caused on the property, or caused as a result of the condition of the property. Grantor agrees that grantees shall not he liable for any damage or injury sustained by grantor unless damage or injury was the direct result of activity of grantees, its employees, or its invitees. Grantees agree that, for purposes related to potential premises liability, grantees shall be the sole landowner as the same is defined by CRS. §13-21-1 15. B. Grantees agrees to purchase, and maintain without interruption at all times, liability insurance that provides coverage for bodily and personal injury ,and property damage arising out of the use or condition of the property in limits no less than 1,000,000.00 per person and 1,000,000.00 per incident. Grantees shall, at all times, name grantor as an additional insured party on such policy. C. Grantees .shall permit grantor to relocate a drainage ditch located on the southeast portion of the property such that the ditch flows downstream to grantees' property. Grantor shall he responsible for the relocation of such ditch, including the provision on of all earth movement and infrastructure. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws ofthe State of Colorado. SECTION SEVEN ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and any prier understanding or representation of any kind preceding the date of this agreement shall not be binding on neither party except to the extent incorporated in this agreement. 3 SECTION EIGHT MODIFICATION OF AGREENIENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall he binding only if evidenced in writing signed b each pares or an authorized representative of each party, SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall, be deemed sufficiently given when sent by certified or registered mail. SECTION TEST ATTORNEY FEES In the event that any lawsuit 18 filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the suns that either ply may be called on to pay, a reasonable sum for the successful party's attorney fees. SECTION ELEVEN ASSIGNMENT OF RIGHTS This agreement shall inure to the benefit ofand be binding upon the heirs, representatives, assigns„ and successors of the parties hereto. In witness, each party to this agreement fins caused it to be executed on the date indicated below. 1U,6it 6 %rblvs As agent of Andersen's Properties, 11,1 As agent of Hungenber ce, LL .s agent of Hungenbereduce, COUNTY OF WELD STATE OF COLORADO date date ar-O dace SUBSCRIBED an_d SWORN to before me thisVk day of Los , 2005, b as Agent forAndersen's Properties, LLC, Witness my hand and Diem se 1 ,� EtiAni4 Ovvvr-t My commission expires:� �1p.,00 e Notary Public TATS OF COLORADO ss.: COUNTY OF WELD 1~ • -- .1 ��II�EI� and me this clay of II t� before ...,.-. atiut nibe - , as Agent for Hun en.herg Produce, LLC. 'itn ss my Rand and official seal, icy commission expires: LI -� �' 5=� ' Ci STATE OF COLORADO ss.: COUNTY OF WELD SCRIBED and SWORN to before me this �day of re Notary Public 1. Agent for Hungenberg Produce Ir e. Witness _ y .` d and official seal. My commission expires: 2005, by , 2005, by otary P'u i e Commitment No. TN"U S0000477 Exhibit,"" All that part of the N E1/4 of Section 291 Township 6 North, Range 65 west of the 6th P.M,, County of weld, State of Colorado, lying South of a line drawn parallel with and 125 feet. distant Northerly from the centerline of the main track of Union Pacific Railroad (known as the lire East from Greeley) as the same has been surveyed, staked out and located, upon and across said Section 29r Said centerline of main track crosses the VVest line of the I\LE1/4 of said Section 29 at a point 79.4 feet North of the Southwest corner thereof. Thence South 84 degrees 03 minutes East, on a tangent 2674,8 feet; Thence on a 1, degree oo minutes curve to the left 345 feet; Thence .South 87 degrees 30 minutes East on a tangent to intersection with the East lire of said Section 28 at a point 84.8 feet North of the East Quarter corner thereof. EXCEPT a tract of land conveyed to The Divide Drainage and Irrigation Company in Warranty Creed recorded March 14, 1900 in Boo's 162 at Page 566. ALSO EXCEPTING a tract of land conveyed to Duane D. Zabka and Dorothy Zabka in Quit Claim Deed regarded ]u ne 20, 1985 in Book 1073 as Reception No. 2014123. Andersen Properties, LIB Andersen Properties, LLC and I lungenberg Produce, Inc., agree to construct the south berm and fe r c e on the south property line. CLAIL Hungenberg Produce:, 109. te/54coff Hello