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HomeMy WebLinkAbout20212911.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR COUNTY ROADS 41 AND 66 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN - MORO FARMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Purchase of Certain Property for the County Roads 41 and 66 Intersection Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Moro Farms, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Purchase of Certain Property for the County Roads 41 and 66 Intersection Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Moro Farms, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dst640/0 Weld County Clerk to the Board County Attorney Date of signature: lD/R/2( Steve M ' reno, hair es, Pro -T cc.Pw(E/cHIcK) it AI 2021-2911 EG0079 i&ax� MEMORANDUM TO: Esther Gesick, CTB DATE: October 11, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement from Moro Farms for ROW and Easements on the CR 66 & CR 41 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the purchase of ROW, permanent construction easement, and temporary construction easement located on the along the south side of the CR 66 west of CR 41. The agreement and offer were reviewed by the BOCC in a pass around that was returned on September 20, 2021. All five commissioners approved the recommendation to offer Moroi Farms an amount not to exceed $94,000.00. Public Works has included the acquisition of this property in its 2021 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. 2021-2911 10/13 E BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition Offer for the Moro Farms Properties DEPARTMENT: Public Works DATE: September 20, 2021 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 66 and CR 41 project which is slated to begin construction in November of 2022. During the design phase of the project, it was determined that the County would need to acquire ROW, permanent easements, and temporary construction easements from the Moro Farms properties, which are located on the north side CR 66 at the west end of the project and the southwest corner of the CR 66 and CR 41. The estimated acquisition cost is estimated to be more than $5,000, so the County's contracted ROW agent acquired an appraisal on the County's behalf and the landowner was given the option to obtain a separate appraisal. The County's appraisal done by Jon Vaughn was completed on July 21, 2021. The landowner was given the option of acquiring his own appraisal but so far has declined to do so. Mr. Vaughn's appraisal assessed the value of the land for the ROW acquisition, permanent easement acquisition for North Weld County Water District, and temporary construction easements to be valued at $7,800 per acre. The permanent easement for DCP will be paid at $25/LF because that is the rate DCP would have paid the landowner for an easement. Mr. Vaughn's appraisal estimated the value of the impacts to two Moro Farms properties to be approximately $22,200 for 2.85 acres of ROW, approximately $33,500 for 6.22 ac of permanent easements for DCP, North Weld County Water District, and a Weld County drainage easement, and approximately $8,930 for 5.73 acres of temporary construction easement. Applying the 30% signing incentive to the value of the land and adding in crop damages ($9,744.00), the initial offer would be $94,000.00 (rounded). What options exist for the Board? (include consequences, impacts, costs, etc. of options): The BOCC can opt to offer the landowner an initial offer based on: 1. The County's value which includes the County's Land Value, 30% incentive, and crop damages for a total offer of $94,000. 2. The BOCC could ask for a work session to gain more information. Recommendation: Public Works recommends Option 1 which is offering the value of our appraisal with the 30% incentive added to the value of the land plus crop damages. Public Works would also like to request that the BOCC authorize Public Works with the ability to counter up to $115,000. These recommendations allow Public Works to negotiate in good faith with Moro Farms between $94,000 and $115,000. If Moro Farms accepts the offer, Public Works will place the agreement on the BOCC's agenda for approval. If they wish to request more than $115,000, Public Works will return to the Board with a new recommendation. Approve Recommendation Work Session Schedule Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Seine Other/Comments: AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN MORO FARMS INCORPORATED AND WELD COUNTY, COLORADO THIS AGREEMENT is made this t3'd" day of dC{Ij(, 2021, by Moro Farms, Incorporated, a Colorado Corporation whose address is 35530 CR 43, Eaton CO 80615 hereinafter referred to as "Owner" (whether one or more), and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property containing property interests described in the attached Exhibits A and B (Right -of -Way or ROW), Exhibits C, D, E, and F (Permanent Easement or PE), Exhibit G (Permanent Drainage Easement or PDE) and property described in Exhibits H, I, J, and K (Temporary Construction Easement or TCE), which are hereinafter referred to collectively as the "Property", and as WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 41 (hereinafter "WCR 41"), and Weld County Road 66 (hereinafter "WCR 66"), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires additional public road right-of-way ("ROW") from the Property for the benefit of County to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. • Exhibit A — ROW Deed of Dedication forms, legal descriptions, and depictions of parcel RW-2 • Exhibit B — ROW Deed of Dedication forms, legal descriptions, and depictions of parcel RW-4 • Exhibit C — DCP Permanent Easement forms, legal descriptions, and depictions of parcel PE -2 • Exhibit D — DCP Permanent Easement forms, legal descriptions, and depictions of parcel PE -4 • Exhibit E — NWCWD Permanent Easement forms, legal descriptions, and depictions of parcel PE -4A • Exhibit F — Bliss Irrigation Ditch Permanent Easement forms, legal descriptions, and 4768958 Pages: 1 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO viii �ur��1a ax i a 1i ii i depictions of parcel PE -4B, • Exhibit G- Weld County Permanent Drainage Easement form, legal description, and depictions of parcel PDE-4 • Exhibit H — Temporary Easement forms, legal descriptions, and depictions of parcel TCE-2 • Exhibit I — Temporary Easement forms, legal descriptions, and depictions of parcel TCE- 2A. • Exhibit J — Temporary Easement forms, legal descriptions, and depictions of parcel TCE- 4 • Exhibit K — Temporary Easement forms, legal descriptions, and depictions of parcel TCE-4A II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Ninety-four thousand dollars and no cents, ($94,000.00). a. Owner agrees to sell at closing and County agrees to purchase at closing the Public Road Right -of -Way parcels described and depicted on Exhibits A and B for the sum of Twenty-eight thousand eight hundred fifty-eight dollars and forty-four cents, ($28,858.44). b. Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Easements described on Exhibits C, D, E and F for the sum of twenty-two thousand eight hundred forty six dollars and thirty eight cents, ($22,846.38). c. Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Drainage Easement described on Exhibit G for the sum of twenty thousand seven hundred dollars and eighty-one cents, ($20,700.81). d. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easements described on Exhibits H, I, J, and K for the sum of eleven thousand six hundred eight dollars and twenty-seven cents, ($11,608.27). e. Owner agrees at closing that County will pre -pay for 2 seasons of potential crop loss for approximately 6 acres of grain corn in the sum of nine thousand seven hundred forty dollars and no cents, ($9,744). 2. In accordance with the terms of Exhibit A, the Deed of Dedication shall not be valid until approved and accepted by the Board of County Commissioners. 3. County shall be entitled to take possession of the property interests described immediately upon mutual execution of this Agreement. 4768958 Pages: 2 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ���� P P'JI t CIJ R' MINA 1I 111 4. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. III. PERMANENT EASEMENT(S) 1. Owner agrees to grant Permanent Easements (PEs) to DCP, North Weld County Water District and the Bliss Irrigation Company, covering all property described and depicted in, and subject to the terms provided in Exhibits C, D, E, and F. Owner shall deliver the fully executed PEs at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. 2. Owner agrees to grant a Permanent Drainage Easements (PDE) to Weld County covering all property described and depicted in, and subject to the terms provided in Exhibit G. Owner shall deliver the fully executed PEs at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants Temporary Construction Easements (TCEs) to the County covering all property described and depicted in, and subject to the terms provided in Exhibits H, I, J, and K. 2. Owner shall not interfere with County's authorized use of the TCEs during the term of the TCE. V. CLOSING 1. Owner shall convey the property interests described above free and clear of all encumbrances of record or of which Owner has actual knowledge, and County shall cause payment to be made, at closing, which shall occur no later than thirty (30) days following mutual execution of this Agreement. 2. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Public ROW, PE, and TCE interests which is required to be paid, including, but not limited to, a prorated amount of the property taxes (if applicable), and any past due property taxes (including special assessments and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication and Pes. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the property interests. 3. County shall be entitled to take possession of the TCE immediately upon the execution of this agreement and the remaining property upon closing. 4. County shall pay for the cost of obtaining title insurance if County desires to obtain title 4768958 Pages: 3 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO insurance for the Property. 5. County shall pay all fees associated with recording this Agreement and / or the Exhibits. VI. MISCELLANEOUS 1. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by all parties. 6. Colorado law, rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and/or regulations shall be null and void. In the event of a legal dispute between parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 4768938 Pages: 4 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111irldirittriaVel ii;I' IVIIIIINIA leAMICI 11111 8. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. VII. ACKNOWLEDGMENT. . County and Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Each has had an opportunity to seek legal counsel in relation to the obligations required by this Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER Moro Farms Incorporated, a Colorado Corporation Signature COUNTY C� ,,�,J ATTEST: v 0;‘,k W= . County Clerk to th- Board eputy Cl 13bi?o zl Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY Tr' %Steve Moreno, Chair 61 ( ( ►Q�C� OCT 1 3 2021. 4768958 Pages: 5 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO doogi��%�i Exhibit A ROW Deed of Dedication forms, legal descriptions, and depictions of parcel RW-2 4768958 Pages: 6 of 104 10/25/2021 10:08 All R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO El int1:118 1K101165 0 ON iac 1AO Wyk II III DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2021, between Moro Farms Incorporated, a Colorado corporation (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Moro Farms Incorporated, a Colorado Corporation By Title STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. Notary Public ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of ATTEST: Weld County Clerk to the Board By: , 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4768958 Pages: 7 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly{�'Koppes, Clerk and Recorder, Weld County , CO W11` 111 �f'�IY�i��ifQ� riiiitili Y llIALK���IId IR 5 111 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Row --:_ 102+00 W.C.R. 66 vv-----__ -STA: 102+00.16' OFF 24 96T. ! L1 200 FEET ROA W. LINE E1 /2, SE1 /4 S.20, T06N, R65W STA: 103+97 43' OFF. 49.01L RW-2 = S46°14'12"E 11,155 S.F.± 22.06' STA: 106+76 83.-% OFF. 50.39'L S87°32'14"E 278.29' 106+00 ROW EXISTING 40' RIGHT-OF-WAY RD -8K 2, PG 77 JULY 7, 1876 4768958 Pages: 8 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO III FLAP N1/41041111 II Row °t r 2 Rt SE1 /4, SE1 /4 S.20, T06N, R65W ,STA: 106+93.35' OFF: 35.72'L P.O.8. RW-2 S01'33'13"E °33'13"E 2' .44' 106+94.70' OFF 14.32'L p' +S—'-- ROw N85°36'35"W Row 1299.55' Row ROW--- NE1/4, NEI/4 5.29, T06N, R65W N88°55'53"E 118.59' EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 S W1 /4, SE1 /4 S.20, TO6N, R65W STA: 103+18 57" OFF: 35.45'L 103+00 Section One 104+00 1299.55' ROW "Gly N85°36'35"W 493.85' S. LINE SW1/4, /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1 /4, NE1/4 S.29, TO6N, R65W 100 RIGHT OF WAY ACQUISITION MORO FARMS INC WELD COUNTY, COLORADO P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S83047'40"E 1,304.51' (to Roc ) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO 18111-1 acs MI: Ail CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 102+00 S T A: '02+00 16' TOFF: 24 9f'L W.C.R. 66 0 1 N88°55'53"E 118.59' MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1/4, SE1/4 S.20, T06N, R65W 'STA: 103+18 57' OFF: 35 46'L / N83°46'56"E 79.76' 103+00 Section Line 104+00 1299.55' ROW -----ROW ROIN-- Row N85'36'35"W 493 85' S. LINE SW1 /4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N W1 /4, NE1/4 1 /4 5.29, TO6N, R65W 100 I POW W. LINE E1/2, SE1/4 S.20, TO6N, R65W STA: 103+97.43' OFF: 49.01' RW-2 = S46° 14'12"E 11,155 S.F.± 22.06' STA: 106+76 83' OFF: 50 39'L S87°32'14"E 278.29' ROW ROW 10 ROW-------RQVY�.__ ROW ------ EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 4768958 Pages: 9 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO r. SE1/4, SE1/4 S.20, T06N, R65W 'STA '06+93 35', OFF 35 7r'L P O B. RW-2 S01°33'13"E 21.44' Row 009490- N85°36"35"W H- 1299.55' ROW NE1/4, NE1/4 S.29, T06N, R65W III PeldNr; 71I MVO,' !O&M 11111 200 FEET P.O.C- NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 383'47'40"E 1,304.51' (to P.O C.) RIGHT OF WAY ACQUISITION RW-2 MORO FARMS INC WELD COUNTY, COLORADO r CO et$ 7' U WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 (Drawn by. CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A parcel of land, No. RW-2, Weld County Project No. GR 45 containing 11,155 sq. ft. (0.256 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85°36'35" W, along the South line of said Southeast quarter, a distance of 1,303.85 feet, thence N 04°23'25" E, perpendicular to said South section line, a distance of 41.33 feet to the East line of said West half of the Southeast quarter, and also being opposite and 35.72 feet Left of Engineer's Station 106+93.35 and being the POINT OF BEGINNING; Thence S 01° 33' 13" E, along said East line, a distance of 21.44 feet to the intersection with the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said South line, also being opposite and 14.32 feet Left of Engineer's Station 106+94.70 ; Thence N 85° 36' 35" W, along said North right of way line, a distance of 493.85 feet to a point opposite and 24.96 feet Left of Engineer's Station 102+00.16; Thence N 88° 55' 53" E, departing said North right of way line, a distance of 118.59 feet to a point opposite and 35.46 feet Left of Engineer's Station 103+18.57; Thence N 83° 46' 56" E, a distance of 79.76 feet to a point opposite and 49.01 feet Left of Engineer's Station 103+97.43; Thence S 87° 32' 14" E, a distance of 278.29 feet to a point opposite and 50.39 feet Left of Engineer's Station 106+76.83; Thence S 46° 14' 12" E, a distance of 22.06 feet to the POINT OF BEGINNING; whence the point of commencement bears S. 83° 47' 40" E, a distance of 1.304.51 feet. The above described parcel contains 11,155 sq. ft. (0.256 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village. CO 80111 RIGHT OF WAY ACQUISITION RW-2 MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT O ko r 0 U Cr coral mg. VI '4- a w Ati re U acs Mecle 01 a at °o L mg So i e-� y N00 ay ION o i .. Project No: GR 45 Scale: 1"=100' Date 08/17/2024 Drawn by: CGG Shee: 2 of 2 Exhibit B ROW Deed of Dedication forms, legal descriptions, and depictions of parcel RW-4 4768958 Pages: 11 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO uIII IPIIrj Ni41IVIMVAI IIITIF N4ilI'ili 1I II1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2021, between Moro Farms Incorporated, a Colorado corporation (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Moro Farms Incorporated, a Colorado Corporation By Title STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2021, by Witness my hand and official seal. Notary Public ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO By: Deputy Clerk to the Board Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4768938 Pages: 12 of 104 10/25/2021 10:08 AM R Fee:$0.00 County CO Carly Koppes, Clerk and Recorder, 111 I��Mil l A4IVAI !'Vii 11111 EXHIBIT w CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMSER UTILIT: ES NE1/4, NE1/4 S.29, TO6N, R65W SEE SHEET 2 N01 °00'25"E 1,245.06'—�` (to ROC.) S00°22'25"E 1,227.13' NO3° 14'56"W 520.95' RW- 4 = 112,825 S.F.± STA- 504+12 67' OFF: 53.54'L MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 4768958 Pages: 13 of 104 1@/25/2@21 1@10 8 an1d Recorder, @Wed County CO Carly Koppes C -IY noP s Clerk e.... III Nl�1�Y11R�h�lti� �IFhLW�11S��k0i{ Y�kl'411H�Y4� �I 0 Pt Pt 100 RIGHT OF WAY ACQUISITION RW-4 P NO3° 17'45"W 142.54' STA: 502+69 6C' OFF: 49.30'L It 200 FEET NO2°26'36"W 90.95' rs A. 501+78 33' OFF: 47 11 MORO FARMS INC WELD COUNTY, COLORADO sisabeir coU N N 10°54'41 "W 47.57' STA: 501+31 34':1 OFF: 38.71'L P.O.B. RW-4i Pt Imo S00°22'25"E, 2663.22' Lin O To; 0 O J C U cu (l1 a re:tin Ua 0 0 0 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) NW1/4, /4, N W1/4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 E. LINE NE1 /4, NE1/4 S.29, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Section Line ROW---_.- ROW 116+00 ROW RW-4 = 112,825 S.F.± NE1/4, NE1/4 S.29, TO6N, R65W EXHIBIT SE1/4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE EXISTING 40' I RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 N. LINE NE1/4, NE1/4 S.29, T06N, R65W ROW-------- ROW- -r 7 STA. 118+72 83' OFF 116.03'R STA: 51' +94.42' OFF: 61 50'L PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 RIGHT OF WAY ACQUISITION MORO FARMS INC %Air1 n rnt IRITY r.nl CRAY 4768958 Pages: 14 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County NO2'22'44"W 261.72' 100 200 SEE SHEET 1 i t O III Nlr1fYa1FFI,lNha jpjr1I'sj1 h' 4tliiiRhfW�Y9bYl� �I II CU� Cr) I- LL! CN O n Sw1 /4, SW1/4 S.21, T06N, R65W ROWS RO'Y --� ROW KOW Row ?22+oo - ROW NW1 /4, NW1 /4 S.28, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 (NIX. PLAN CENTERLINE N01 °00'25"E 1,245.06' (to P.O.C.) . E. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 2 of 5 EXHIBIT SW1/4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE Row 105+00 ROW ROW Row ROVy-�,. RC4Y 106+00 Section Line ROW- - RO N00'33'58"W 53.38' NW1 /4, NE1/4 S.29, TO6N, R65W 7-- W. LINE E1 /2, SE1 /4 S.20, TO6N, R65W • 107+00, f-- - SE1/4, SE1/4 S.20, TO6N, R65W N. LINE NE1/4, NE1 /4 S.29, TO6N, R65W STA 106+96 86' OFF 25.80'R ROW 108+00 RO., N85°36'35"W 1299.55 'STA: 106+99 26' (OFF 79 13'R RW-4 112,825 S.F.± CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 110+00 t 111+00 ROW 112+00 Row S$5'36'35"E 1,269.38' N85°20`50"W 1,170.38' NE1/4, NE1/4 S.29, TO6N, R65W W. LINE El /2, NE1/4 S.29, TO6N, R65W 100 RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC WFI 17 C UE INTY COI ()RAW') 4768958 Pages: 15 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO MORO FARMS III 200 FEET PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 RO : WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Jroject No: GR 45 Date: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 3 of 5 III PAIMILiiilicii.TAINIWilialivrisitillow, iii EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NE1/4, NE1/4 S.29, TO6N, R65W SEE SHEET 2 N01 °00'25"E 1,245.06' --�` (to ROC.) S00°22'25"E 1,227.13' N03° 14'56"W 520.95' RW-4= 112,825 S.F.± STA 504-17 671 OFF: 53.54'L MORO FARMS INC. PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 Pt 0 100 Pt N03° 17'45"W 142.54' STA. 502--69 60' -- OFF- 49.30'L 200 FEET N02°26'36"W 90.95' N10°54'41"W 47.57' STA. 501+31 34' OFF 38 71'L P O B RW-4 0 O tin O 413 S00°22'25"E, 2663.22' 2 cu C 0 u U) In 0 0 0 0 0 O 77 0 v C n ri I4 U i c 4- I P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) N W1/4, N W1/4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 E. UNE NE1/4, NE1/4 S.29, TO6N, R65W RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC WELn no' INTY rani nPAnn 4768958 Pages: 16 of 104 10/25/2021 10:08 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO ■IIIl��I�+IMI��w� A WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT project No: GR 45 ate: 08/17/2021 Drawn by- CGG Sr,2fe: 111=100' Sheet 1 of 5 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Section 116+00 `-ROW RW-4 = 112,825 S.F.± NE1/4, NE1/4 S.29, T06N, R65W 117t00 ROW EXHIBIT SE1/4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 RIGHT OF WAY ACQUISITION MORO FARMS INC WEl f) rant INlTY C:("1L ORAnn 4768958 Pages: 17 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO viPIIPIJIlidil��I lei MI�i�t�ii N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 119+00 Rower_ Row NO2°22'44"W 261.72' STA. 509+33 95' OFF: 58 55'L 100 200 SEE SHEET 1 FEET iu UNTY SW1/4, SW1/4 S.21, T06N, R65W N W1/4, NW1/4 /4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N01 °00'25"E 1,245.06' (to P.O.C.) E. LINE NE1/4, NE1/4 5.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT %roject No: GR 45 )ate: 08/17/2021 Drawn by CGG Scale: 1"=100' Sheet 2 of 5 EXHIBIT SW1/4, SE1/4 S.2O, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CEN TERLI NE ROW Row, 105+00 ROW 106+00 N00° 33'58"W 53.38' NW1/4, NE1/4 S.29, TO6N, R65W 200 FEET RIGHT OF WAY ACQUISITION MORO FARMS INC t/1/Fi n nnl INJTY f :nI nRAnn 4768958 Pages: 18 of 104 10/25/2021 10:08 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO III PiiirdrikiNdii:# 111111 SE1/4, SE1/4 S.20, TO6N, R65W N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 110+00 RW-4 4 = 112,825 S.F.± NE1/4, NE1/4 S.29, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF LNDERGROUND MEMBER UTILITIES EXISTING 4O' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 111+00 Ro PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No: GR 45 Date: 08/17/2021 Drawn by: CGG Sheet 3 of 5 • EXHIBIT DESCRIPTION A parcel of land, No. RW-4, Weld County Project No. GR 45 containing 112,825 sq. ft. (2.590 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County. Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00°22'25" E, along the East line of said Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00 feet to a point on the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width. 30 feet on both sides of said East line and also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence N 10° 54' 41" W, a distance of 47.57 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence N 02° 26' 36" W, a distance of 90.95 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence N 03° 17' 45" W, a distance of 142.54 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence N 03° 14' 56" W, a distance of 520.95 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence N C2° 22' 44" W, a distance of 261.72 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence N 21° 31' 30" W, a distance of 123.04 feet to a point opposite and 116.03 feet Right of Engineer's Station 118+72.86; Thence N 85° 20' 50" W, a distance of 1,170.38 feet to the West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 79.13 feet Right of Engineer's Station 106+99.26: Thence N 00° 33' 58" W, along said West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, a distance of 53.38 feet to the South right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77 recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the South line common to said Section 20 and 29, also being opposite and 25.80 feet Right of Engineer's Station 106+96.86; Thence S 85° 36' 35" E, along said South right of way line, a distance of 1,269.38 feet to said West right of way line, also being opposite and 58.04 feet Right of Engineer's Station 119+67.60; Thence S 00° 22' 25" E, along said West right of way line, a distance of 1,227.13 feet to the POINT OF BEGINNING; whence the point of commencement bears N 01 °00'25" E, a distance of 1,245.06 feet. The area of the above described parcel contains 112,825 sq. ft. (2.590 acres), more or less. 4768958 Pages: 19 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County , CO III FU�11KY�1'ri11� a I iiii .0 RIGHT OF WAY ACQUISITION RW 4 MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 J Scale. 1"--;.100' ?3te' 08/17/2021 Drawn by: CGG Sheet 4 of 5 • EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4768958 Pages: 20 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO P0rdriNIVIMPACNTW4 114 I III RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 (Scale: 1"=100' Date: 08/17/2021 Drawn byCGG Sheet 5 of 5 Exhibit C DCP Permanent Easement forms, legal descriptions, and depictions of parcel PE -2 4768958 Pages : 21 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk 1III II��ROI ►��,��+iII'���GI�4lIRINI I hifIRVICI IinWii1ti ii ill NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Moro Farms, Incorporated, a Colorado Corporation Attn: David Monson 35530 CE 43 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: NE1/4 of the NE1/4, Section 29, Township 6 North, Range 65 West of the 6th P.M. Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In excavating during Grantee's construction, the sails shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and 4768958 Pages: 22 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Fdllikitiiiigli iNgn1aiiIMIA LI Ya II II other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2021 signed, sealed, and delivered in the presence of: Moro Farms Inc., a Colorado Corporation ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, _, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D. 2021. My commission expires: Notary Public 4768958 Pages: 23 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO IV �f i'�1' �h���MU� X IL ' J' 11111 EXHIBIT STA: 1034-14 69' OFF: 65.24'L STA: 103+18 37' OFF 35.46'L N88°55'53"E 210.65' 102+ 0 MORO FARMS INC PARC.#080320000057 RECP. # 1713377, 03-11-1977 ROW SW1/4, SE1/4 S.20, T06N, R65W N83346'56"E 80.68' W. LINE E1/2, SE1/4 S.20, TO6N, R65W STA- 103+94 65' OFF 78.96'L STA: 103+97 43' OFF. 49 01'1 PE -2 = 15,561 S.F.± STA. 106+19 83' OFF: 80 61'L S87°32'14"E 223.75' S83°46'56'W 79.76' N87°32'13"W 256.93' 103+00 Section Line 04+00 1299.SS' - Ow--__ Row S88°55'53"W 118.59' STA: 102+00.16 OFF: 24.96'L 100 200 FEET PERMANENT EASEMENT MORO FARMS INC WELD COUNTY. COLORADO 4768958 Pages: 24 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder. Weld County rin � ' gbh'�NalIIII I1 k RVr ,... Y ROW 05+00 ROW R0'W-..._. R`?.Y 106+00 ROW EXISTING 40' RIGHT-OF-WAY RD -8K 2, PG 77 JULY 7, 1876 S. LINE SW1 /4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE NW1/4, /4, NE1/4 S.29, T06N, R65W Co i u ?0UNT i ROW ,_ SE1 /4, SE1 /4 S.20, 106N, R65W S47° 18'04"E 46.44' yA 106+55 38' OFF 50 50'L PO.3. PE -2 ROti O '� ROW N85°36'35"w -÷- ROW 1299.55' RGW- - ROW ROW- NE1/4, /4, NE1/4 S.29, TO6N, R65W CA. L I.TILITY NOT1FICAT ON CENTER OF COLORACO 11.M bola Wanes CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S83°16'49„E. 1,343.37' (to P.O.C.) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT project No: GR 45 ate: 08/17/2021 Drawn by: CGG Sheet 1 of 3 EXHIBIT MORO FARMS INC PARC.#080320000057 RECP.# 1713377, 03-11-1977 SW1/4, SE1/4 S.20, TO6N, R65W PE -2 = 15,561 S.F.± Row Rov,� ��W.C.R• 66 R nit ,. JJ ROe STA: 101+04 28' OF=- 45.98'L N04°23'25"E 20.98' !STA: 101+04.281-N OFF: _5.01'L I ROW ROW----__ Settlon Une 100+00 ROW ----- EXISTING 4O' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE SW1/4, SE1 /4 S.20, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO in set WOW CIS tan pima CALL 2 -BUSINESS DAYS iN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 ROW ��.101+00 ' Rp. N85°36'35"W 95.85' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE NW1/4, /4, NE1/4 /4 S.29, TO6N, R65W 200 -. FEET STA: 103+14 69"-N OFF: 65 2411 \ N88°55'53"E 210.65' 00 4 - ROW RC.'itree 103+00N85°36'35"W Row---.� . 1299.5 5 R0W------- RQv S88°55'53"W 118.59' w w 00 Lt .* G. GG'EI % t Q% 43% ;r Cj 9 18'2021 o\ • • 36 4 ; Roe MIL L it 0 r els Cam- 7 (1:34 Osm 5Ez - 3 _S SJIM L L-� O a -g m1-116 NmWar° r11 IC CO L i am m� el tip N � in o o EL- N›._ I 40 crew cr PERMANENT EASEMENT PE -2 MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 10=100' ate: 08/17/2021 Drawn by CGG Sheet 2 of 3 STA. 103 -t -lo 57 OFF 35.46'! EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 S88°55'53"W 118.59' STA: 102+00.16' OFF: 24.96'L SW1 /4, SE1 /4 S.20, TO6N, R65W 200 FEET PERMANENT EASEMENT MORO FARMS INC WELD COI MTV Cni ORADO 4768958 Pages: 26 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO W. LINE E1/2, SE1 /4 S.20, TO6N, R65W 'STA 1Q3+94.55' OFF 78.96'_ PE -2 = 15,561 S.F.± STA: 1064-19.8, 80.6 ROW 05+00 Row 106+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE SW1 /4, SE1 /4 5.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N W1 /4, NE1/4 S.29, T06N, R65W in IV:4M NO un CALL UTILITY NOTIFICAT ON CENTER OF COLORADO asant Caamsow CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 383°16149"E 1,343.37' (to P.o.C.) SE1 /4, SE1 /4 S.20, TO6N, R65W S47° 18'04"E 46.44' STA: 106+55 33 OF: 50 50L P.C.B X1299.55' - ROW---.. ROW - N E1 /4, NE1/4 S.29, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS VCR 66&41 INTERSECTION PROJECT 'roject No: GR 45 ate: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 1 of 3 EXHIBIT MORO FARMS INC PARC.#080320000057 RECP.# 1713377, 03-11-1977 SW1 /4, SE1 /4 S.20, TO6N, R65W PE -2 = 15,561 S.F.± pOW ROiN -� ROW W.C.R. 66 aow- ROw Roy. ROwi I STA: 101+04 28' OF ' 45.98'L N04°23'25"E 20.98' STA 10-'4-04.28' ROW-------- Ro .� OFF: 2 5 01 ' L ROWS_ ROW - Section Line 100+00 ROW - EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE sw1 /4, SE1/4 S.20, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO nor Mesta 010 Win mats CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 RO - 101+00 -- I ROW--__ __ RO,; N85°36'35"W 95.85' STA: 103+1:1 69'7= OFF 65 24'L; STA i OFF: 35.46'L • • -7. 1 N88°55'53"E 210.65' A Row STA: 102+00.16' OFF: 24.96'L WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4, NE1/4 S.29, TO6N, R65W 200 FEET 10 RO: SEE SHEET 1 +00 4- RO'vV S88°55'53"W 118.59' ROVV - Roy: 103+00N85°36'35"W 104 I— ,299.55' - Ol ROWS ROW! 0 0 Ic �•! Q I'V 0 gF` 1 Cal 111r, 9.'18;2021 et 1 1 33654 C.• i ES D PERMANENT EASEMENT PE -2 MORO FARMS INC WELD COUNTY, COLORADO 4768958 Pages: 27 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III FU��OIVFR � kl��+�pl�l'TRN�F�I�NRif�lht� i�TAY4� :kbAltret864. L.) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by: CGG Scaie: 1"=100' Sheet 2 of 3 EXHIBIT DESCRIPTION A permanent easement, No. PE -2, Weld County Project No. GR 45 containing 15,561 sq. ft. (0.357 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 1,342.26 feet, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 54.60 feet and also being opposite and 50.50 feet Left of Engineer's Station 106+55.38, said point being the POINT OF BEGINNING; Thence N 87° 32' 13" W, a distance of 256.93 feet to a point opposite and 49.01 feet Left of Engineer's Station 103+97.43; Thence S 83° 46' 56" W, a distance of 79.76 feet to a point opposite and 35.46 feet Left of Engineer's Station 103+18.57; Thence S 88° 55' 53" W, a distance of 118.59 feet to the intersection with the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the said South line, also being opposite and 24.96 feet Left of Engineer's Station 102+00.16; Thence N 85° 36' 35" W, along said North right of way line, a distance of 95.85 feet, also being opposite and 25.01 feet Left of Engineer's Station 101+04.28; Thence N 04° 23' 25" E, departing said North right of way line, a distance of 20.98 feet to a point opposite and 45.98 feet Left of Engineer's Station 101 +04.28; Thence N 88° 55' 53" E, a distance of 210.65 feet to a point opposite and 65.24 feet Left of Engineer's Station 103+14.69; Thence N 83° 46' 56" E, a distance of 80.68 feet to a point opposite and 78.96 feet Left of Engineer's Station 103+94.65; Thence S 87° 32' 14" E, a distance of 223.75 feet to a point opposite and 80.61 feet Left of Engineer's Station 106+19.83; Thence S 47° 18' 04" E, a distance of 46.44 feet to the POINT OF BEGINNING; whence the point of commencement bears S. 83° 16' 49" E, a distance of 1,343.37 feet. The above described permanent easement contains 15,561 sq. ft. (0.357 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT PE -2 MORO FARMS INC WRI n r.nl INiTY rni nPann 4768958 Pages: 28 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County Co ear l -1 \)TvYh'-111 nem �. GOUN WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No GR 45 Date: 08/17/2021 Scale: 1'1=100' Drawn by CGG Sheet 3 of 3 III IlliAilligliA111.11inlik Bill EXHIBIT :STA: 1)3+93.72' OFF 88.95'L STA_ 103+13.39' OFF: 75.16'L N88°55'53"E 209.25' Z/////7/7/7 tui S88°55'53"W 210.65` 4.1 _ ROW ROW ~���-- 102+00 Section ROW Re STA: 103+94.65' OFF: 78.96'L N83°46'56'tE 80.99' i MORO FARMS INC S83°46'56"W 80.68' ROW.....-- ROVV.-.`-- ROW- R O W-----, Line 103+oq__ 104+00 j ROw_____. j W.C.R. 66 i...,.. 1(X) ,.. .. STA: 103+14 69' OFF: 65.24'L S. LINE S W1 /4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 200 FEET TEMPORARY CONSTRUCTION EASEMENT TCE-2 PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1/4, SE1/4 S.20, 106N, R65W W. LINE E1 /2, SE1 /4 S.20, TO6N, R65W TCE-2 = 5,676 S.F.± 'STA: 106+19 83' OFF: 80.61'L S87°32'14"E 228.22' N87° 32' 14"W 223.75' -- N47° 18'04"W 46.44' ROW RCA STA: 106+55 38' - - OFF 50.50'L OS+00 ROWS R? 106+00 1299.55' ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 N W1 /4, N E1 /4 S.29, TO6N, R65W ROW--- - ROVR N87°32'14"W 13.79' Pt At - SE1 /4, SE1 /4 5.20, 106N, R65W STA- 106+23.58 OFF 90.60'L I S46°14'12"E 60.61' STA: 106+69 22' OFF: 50.44'L P O.B TCE-2 107+00 "' — ROW --108+0 �N85°36'35" v--- R '299.55' ow-�- ROW- NE1 /4, NE1/4 S.29, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO iote Cid tits met CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIUTIES P.Q.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 383°14,10"E 1.329.62' (to P.O.C, ) MORO FARMS INC WPI n (flINTY. COLORADO 4768958 Pages: 29 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IllifirdraidalkillIFITM11141,O91IIIIIIIIII4141 1111 1•44%.,� I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No. GR 45 Scale: 1"=100' ate: 08/17/2021 Drawn by: CGG Sheet 1 of 3 EXHIBIT 0 MORO FARMS INC ROV PARC.#080320000057 RECP.# 1713377, 03-114977 ROW Section Line SW1 /4, SE1 /4 S.20, TO6N, R65W ROW ROW-------- Ro ROW TCE-2 5,676 S.F.± STA: 101+04 29' 66.03'` N04°23'25"E 10.05' STA: 101+04 28' OFF: 45.98'! ROV" 100 00 ROW RC: Row STA: 103+93 72'1 OFF. 88 5'1_4 STA- 103+94 65' -' STA: 103+13 39' --� � F 78.9611 OFF 75 . N83 °46'56"E N88°55'53"E 209.25' \ 80.99' S88'55'53"W 210.65' Rot R4::'-=--_ ROW R01/ - 101 +00 N85°36'35"W 102+00 Roi EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 4768958 Pages: 30 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County CO III Krell' iiliARCIIMik rIMCF! 100 200 FEET N W1 /4, NE1 /4 S.29, T06N, R65W 1299.55' Row—: i i Rot: 103+0 - t W.C.R. 66 S.a 103+14 69' OFF: 65.24'' S83°46'56"W 80.68' ROW- ROW RO 104+00 S. LINE SW1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE CALL UTILITY NOTIFICATION CENTER OF COLORADO isms wee ISM Cabman AS CA_L 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UND€RGROVND l.tEVBER UTILITIES 1-4 SEE SHEET TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO \VT couNTY.• WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' ate: 08/17/2021 Drawn by CGG Sheet 2 of 3 EXHIBIT STA: 103+13 39'' DE: 7- �1eL N88°55'53"E 209.25' STA 103+93 72' OFF: 88 95'L STA' 1113+9-2 55', OFF 78.96'L N83°46'56"E 80.99' '' ///1//11 M7/1fI/l S88°55'53"VV 210.65' Y - ROW ROw- FO 102+00 Section Line 103+00 ROW 100 ROW MORO FARMS INC S83°46'56"W 80.68' ROW ROW Ins104 +00 W.C.R. 66 STA 103+14 69'' OFF 55.24'L S. LINE SW1/4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE 200 FEET PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1/4, SE1 /4 S.20, TO6N, R65W W. UNE E1 /2, SE1 /4 S.20, TO6N, R65W TCE-2 = 5,676 S.F.± STA 106--19 1331 OFF: 80 61'L S87°32'14"E 228.22' N87°32'14"W 223.75' N47° 18'04"W 46.44' TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COl1NTY rent URADU 4768958 Pages: 31 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO kirdni.ktQ Calr I I Eli l III RG%y S ► A 106+55.38 Or " 50.50'! 05*00 Rowe ROW` 106+00 1299.55'' -' ROWS ROw EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 NW1/4, NE1/4 S.29, TO6N, R65W C 0'' N ROW RC; 107+00 N87°32' 14"W 13.79' .71 3 a_ SE1 /4, SE1 /4 S.20, TO6N, R65W l CF --23 58` CFr 90.60'L S46°14'12"E 60.61' STA: 106+69 22 OFF- 5044'x. PO.B.TCE-2 CAL_ UTILT( NOTIFICATION CENTER OF COLORADO are tan Olgisommes CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE. FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLICIBLE) Row —108+00 N85°36'35"W -�-- 1299.55' ROW ROW - N 1/4, NE1/4 S.29, TO6N, R65W S83°14'101E 1.329.62, (to p WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 Scale: 1 "=100' Drawn by CGG Sheet 1 of 3 EXHIBIT bw MORO FARMS INC PARC.#080320000057 RECP.# 1713377, 03-11-1977 ROWS ROW Section Line ROW ------ROW SW1 /4, SE1 /4 S.20, T06N, R65W TCE-2 =- 5,676 S.F.± ST.A. 10.+04.29' OFF: 56.03'L N04°23'25"E 10.05' ROW—_ ROW ROW ROW ROW 1009 Rot ROVi ST.=, OFF I • S : A: 103+93 72' OFF: 88 95'L 1 N88°55'53"E 209.25' 00 S88°55'53"W 210.65' Row _ 101+00N85°36'35"W 102+00 - ' 1299.55' --f- ROW EXISTING 40' RIGHT—OF—WAY RD—BK 2, PG 77 JULY 7, 1876 4768958 Pages: 32 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County , CO VIII Kinnard I��'���G �«�4+'Lh' � kiiiiiMPAPliti 0 100 200 FEET NW1/4, /4, NE1/4 /4 S.29, TO6N, R65W Row ROI) RO1 ROW 103+00 ROW LS83°46156"W 80.68' ROM, i CALL UTILITY NOTIFICATION CENTER OF COLORACO laseanbilia Calhasinins CALL 2 -BUSINESS DAYS IN ADVANCE =FORE YOU 040 GRADE. OR EXCAVATE FOR THE ►.L.ARKING OF UNDERGROUND MEMBER UTIUTt$ 1-4 H L1.1 Wi w LU (1) ROAN``~ ROW ,104+00 VI/. C, R 66 ..V.• a STA. 103+14.59' ,OFF: 65 24'L S. LINE SW1/4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE Ro TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO P; 8 61- WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Gate: 08/17/2021 Drawn by- CGG Sheet 2 of 3 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-2, Weld County Project No. GR 45 containing 5,676 sq. ft. (0.130 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 1,328.48 feet, thence N 04' 23' 25" E, perpendicular to said South line. a distance of 55.07 feet, also being opposite and 50.44 feet Left of Engineer's Station 106+69.22 and also being the POINT OF BEGINNING; Thence N 87' 32' 14" W, a distance of 13.79 feet to a point opposite and 50.50 feet Left of Engineer's Station 106+55.38; Thence N 47' 18' 04" W, a distance of 46.44 feet to a point opposite and 80.61 feet Left of Engineer's Station 106+19.83; Thence N 87° 32' 14" W, a distance of 223.75 feet to a point opposite and 78.96 feet Left of Engineer's Station 103+94.65; Thence S 83° 46' 56" W, a distance of 80.68 feet to a point opposite and 65.24 feet Left of Engineer's Station 103+14.69; Thence S 88° 55' 53" W, a distance of 210.65 feet to a point opposite and 45.98 feet Left of Engineer's Station 101+04.28; Thence N 04° 23' 25" E, a distance of 10.05 feet to a point opposite and 56.03 feet Left of Engineer's Station 101+04.29; Thence N 88° 55' 53" E, a distance of 209.25 feet to a point opposite and 75.16 feet Left of Engineer's Station 103+13.39; Thence N 83° 46' 56" E, a distance of 80.99 feet to a point opposite and 88.95 feet Left of Engineer's Station 103+93.72; Thence S 87° 32' 14" E, a distance of 228.22 feet to a point opposite and 90.60 feet Left of Engineer's Station 106+23.58; Thence S 46° 14' 12" E, a distance of 60.61 feet to the POINT OF BEGINNING; whence the point of commencement bears S. 83° 14' 10" E, a distance of 1,329.62 feet. The above described temporary construction easement contains 5,676 sq. ft. (0.130 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North. Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO 4768958 Pages: 33 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT )roject No. GR 45 ate: 08/17/2021 Drawn by: CGG IIIN1�1dVtiFlrkh;ilU�l�lSYJNih�Y�P:IL�}I�4�1�5Yk� IIII Exhibit D DCP Permanent Easement forms, legal descriptions, and depictions of parcel PE -4 4768958 Pages: 34 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII INF.rl LATIN:Mab.0i f Vi i'vrCt Lr rt'ii B111 NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Moro Farms, Incorporated, a Colorado Corporation Attn: David Monson 35530 CE 43 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: NE1/4 of the NE1/4, Section 29, Township 6 North, Range 65 West of the 6th P.M. Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and 4768958 Pages: 35 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO u111 IY1�r11''I�!: i�M' ��11MM ��11�K�I�IrJI�'��14�'iKf M'�li4�h 1I II 1 other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2021 signed, sealed, and delivered in the presence of: Moro Farms Inc., a Colorado Corporation ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, _, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D. 2021. My commission expires: 4768958 Pages: 36 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO a: -1,7- W. LINE E1/2, SE1/4 S.20, T06N, R65W J 107+00 Section Line `"- ROW N47°19'52"W 48.71' EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 Roves -_.108+00 ROW a. EXHIBIT SE1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, T06N, R65W eo:',—_.._ 109+00 110+00 111+00 'Roo ROW -- STA: 107+63 64' OFF: 32.29'R STA: 108+00 10'f\ OFF: 114.27R RCW Row W.C.R. 66 ROW S85°20`50"E 229.39' N85°20'50"W 191.01' - PE -4 = 6,306 S.F.± '�_-- Row Row ROW STA: 109+92 52' OFF- 95.31'R PO.B PE --4 ROW CALL UTILITY NOT1FICAT!ON CENTER OF COLORADO [VI CAL_ 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DiG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND VIE USER UTILITIES 112+00 I -- ROW-- - Row N65036'35"W 1299.55' P.O.C. NE. COR. SEC.29 113 -FOUND 2-1/2" ---f ALUMINUM CAP (ILLIGIBLE) Rove------ ROW---- SO4'39'10"W 30.00' S TA. '.09+90 90' OFF 125 27'R NE1/4, NE1/4 S.29, T06N, R65W MORO FARMS INC. 7- W. LINE E1/2, NE1/4 S.29, T06N, R65W 100 PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET PERMANENT EASEMENT PEA MORO FARMS INC ‘A/P1 n fnl IMITV rni nPAnn 4768958 Pages: 37 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III nouilivitm on' 1IuJI i2i II III COUNT S89°52'37"E 1,001.72' (to P.O.C.) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT roject Nc: GR 45 ate: 08/17/2021 Drawn by: CGG Scale: 1'1=100' Sheet 1 of 2 EXHIBIT ROW -- .3 107+00 Section Line n.. W. LINE E1/2, SE1/4 S.20, T06N, R65W 93 -- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW-- 108+00 — 109+00 ROW ROW -1---- ROW-- ROW N47° 19'52'W 48.71' ROW--- -STA. 107+63 a4' 0FF• 82.29'R . STA: 103+00 10' -- OFF: 114 27'R ROW SE1/4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 110+00 c -- tines._ 4 ROWS W.C.R. 66 ROW S85°20'50"E 229.39' N85°20'50"W 191.01' --- PE -4 = 6,306 S.F.± 111+00 Rr.:.:, ' ROW-. STA. 109+92 52' OFF: 95 31'R / SO4°39'10"W 30.00' -STA: 109+90 90' OFF: 125 27'R NE1/4, NE1/4 S.29, TO6N, R65W 112+00 I ROW ROW N85°36'35"W 1299.55' ROW ROW MORO FARMS INC. 7- W. LINE E1/2, NE1/4 S.29, T06N, R65W 9" PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 0 100 200 Snill1-1 FEET RO+N CALL UTILITY NOTIF'CAT;ON CENTER OF COLORADO rap CALL 2 -BUSINESS DA"S IN ADVANCE BEFORE YOU DIG. GRACE, OR EXCAi:Cr. FOR THE MARKING OF UNDERGROUND MEMBER UTIL'TmES P.Q.C. NE. COR. SEC.29 113 -FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 4 _ S89°52'37"E 1.001.72' (to P.Q.C.) PERMANENT EASEMENT PE -4 MORO FARMS INC Ill/PI n mi'MTY MI nPAfn 4768958 Pages: 38 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No: GR 45 Date: 08/17/2021 Scale: 1"=100' Drawn by CGG Sheet 1 of 2 III Pj5P 111111 EXHIBIT DESCRIPTION A permanent easement of land, No. PE -4, Weld County Project No. GR 45 containing 6,306 sq. ft. (0.145 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent easement being 9 more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the North line of said Northeast quarter, a distance of 998.95 feet. thence S 04° 23' 25" W, perpendicular to said North line, a distance of 74.58 feet, and also being opposite and 95.31 feet Right of Engineer's Station 109+92.52 and the POINT OF BEGINNING; Thence S 04° 39' 10" W, a distance of 30.00 feet to a point opposite and 125.27 feet Right of Engineer's Station 109+90.90; Thence N 85° 20' 50" W, a distance of 191.01 feet to a point opposite and 114.27 feet Right of Engineer's Station 108+00.10; Thence N 47° 19' 52" W, a distance of 48.71 feet to a point opposite and 82.29 feet Right of Engineer's Station 107+63.64; Thence S 85° 20' 50" E, a distance of 229.39 feet to the POINT OF BEGINNING; whence the point of commencement bears S 89° 52' 37" E, a distance of 1,001.72 feet The above described permanent easement contains 6,306 sq. ft. (0.145 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North. Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4768958 Pages: 39 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO III rdN+PIMMhMilYi1P1YMWlsl M+4'.Y1}'11�� I I I PERMANENT EASEMENT PE -4 MORO FARMS INC WELD COUNTY, COLORADO GNT1� WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=-100' Date: 08/17/2021 Drawn by CGG Sheet 2 of 2 Exhibit E NWCWD Permanent Easement forms, legal descriptions, and depictions of parcel PE -4A 4768958 Pages: 40 of 104 Carly 10/25/2021 10:08 AM R Fee:$0.00 $0.00 pes, Clerk an III PERMANENT WATER EASEMENT AGREEMENT (North Weld County Water District) THIS PERMANENT WATER EASEMENT AGREEMENT ("Agreement") is made this day of , 2021, by and between , a , whose address is ( "Grantor"), and NORTH WELD COUNTY WATER DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado, whose address is 32825 County Road 39, Lucerne, Colorado 80646 (the "District"). 1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in Weld County, Colorado, which is legally described on Exhibit A attached hereto and made a part hereof (the "Property"). 2. Grant of Easement. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted, bargained, sold and conveyed, and by this Agreement does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns, a perpetual easement (the "Easement") in, on, under, over, across and upon the real property legally described on Exhibit B-1 and depicted upon Exhibit B-2 attached hereto and incorporated herein by reference (the "Easement Area"). 3. Purpose and Uses of Easement. The Easement herein granted may be used by the District for the purposes of: (a) Surveying, locating, installing, constructing, reconstructing, using, operating, maintaining, inspecting, repairing, altering, removing, and replacing one (1) or more buried water pipelines, in whole or in part, and all necessary subsurface and surface appurtenances for the transportation of water and the operation and control of water facilities (the "Improvements") including; supporting pipelines located within the Easement Area across ravines and water courses with such structures as the District shall reasonably determine to be necessary or advisable; (b) Marking the location of the Easement Area and Improvements therein by suitable markers set and maintained in the ground at locations which shall not unreasonably interfere with Grantor's use of the Easement Area under the terms of this Agreement; and (c) Cutting and clearing trees, brush, debris and other obstructions on the Easement Area that might interfere with the operation and maintenance of the District's activities and facilities related to the Improvements on the Easement Area. 4. Additional Rights of the District. Grantor further grants to the District, its successors and permitted assigns: 4768958 Pages: 41 of 104 10/25/2021 10:08 AM anRecorder,R Fee:0.OOd County CO 1 Carly Koppes, Clerk IIM i�il� liell4�i OIlitM:fiiMltiMi'�iriNk i'iVI+iW�h III II (a) The right of ingress to and egress from the Easement Area over, across and upon the Property by means of any roads and lanes now or hereafter located thereon; (b) The right to install, maintain and use gates or other livestock barriers in all fences which now cross or shall hereafter cross the Easement Area; and (c) The right to grade the Easement Area as determined by the District to be reasonably necessary or advisable for the proper use thereof for the purposes set forth in Section 3 above. (d) The District shall have and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of the Improvements. It is specifically agreed to between and among the parties that, except as provided in this Easement, the Grantor, its successors and assigns, shall not take any action which would impair the lateral or subjacent support for the Improvements. The Grantor, its successors and assigns, shall have and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of any improvements on the property adjoining the Property. It is specifically agreed by and between the Grantor and the District that, except as provided in this Agreement, the District shall not take any action which would impair the lateral or subjacent support for such improvements. This paragraph is not intended to prohibit the development of the private property located adjacent to the Property. (e) The District shall have the right to use so much of the adjoining premises of the Grantor, its successors or assigns, during surveying, construction, reconstruction, use, maintenance, repair, replacement and/or removal of the Improvements as may be reasonably required; provided, however that such activities shall not interfere unreasonably with Grantor's, its successors' or assigns' use and enjoyment of such adjoining premises. The District and its permitted assignees and licensees shall repair any damage caused to any adjoining premises and the improvements thereon, and shall be liable for any injury to any person or damage to property, to the extent arising out of the District's, its permitted assignee's or licensee's use of the Easement. 5. The District's Obligations. In connection with the District's use of the Easement Area, the District shall: (a) Insofar as practicable, bury Improvements to a sufficient depth at the time of construction so as not to interfere unreasonably with the cultivation of the Easement Area for agricultural purposes; (b) Insofar as practicable, restore the surface of the ground to its condition prior to installation, construction, maintenance, alteration, or replacement of the 4768958 Pages: 42 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II 2 Improvements and appurtenances thereto; (c) Insofar as practicable, restore existing fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to the District's activities related to the Improvements within the Easement Area; (d) Pay Grantor the fair market value for any growing crops, livestock and other items which are damaged by the District's activities related to the Improvements within the Easement Area; and (e) Restore or replace improvements made by Grantor on the Easement Area that were made with the written consent of the District, as provided in Section 7 below in the event those improvements are disturbed by the District, on the condition that Grantor pays the costs for such restoration or replacement. 6. Livestock Crossing During the District's Operations on Easement Area. In the event Grantor's Property is being used for grazing purposes, the District agrees that, during the period of construction of the Improvements within the Easement Area or any subsequent alteration, removal or replacement of said Improvements, the District shall leave or arrange for reasonable crossing over the Easement Area for cattle and livestock of Grantor and its tenants and lessees. Further, whenever it becomes necessary for the District, its agents or contractors to cut a fence on Grantor's Property during its operations, the District shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or construct in any one (1) or more places, substantial gates with dual locks and to furnish Grantor with one (1) set of keys thereto. Before any of Grantor's fences are cut by the District, the fence shall be braced in order to prevent slackening of wires along the fence in each direction from the District's temporary opening. 7. Grantor's Rights in Easement Area. Grantor reserves the right to use and occupy the Easement Area for any purposes consistent with the rights and privileges granted herein which will not interfere with or endanger any of the District's facilities on or under the Easement Area or the District's use thereof, provided that Grantor, its successors and assigns shall not: (a) Construct or allow the construction of any buildings or other structures on or under the Easement Area; (b) Impound water or other substances on or over the Easement Area; (c) Store or dispose of any dangerous, toxic, or hazardous substance on or under the Easement Area; (d) Alter or replace any fence on the Easement Area without the prior written consent of Grantee; (e) Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet 4768958 Pages: 43 of 104 10/25/2021 10:08 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Wald County , CO ���� KAWIMR? i�Mti!M i OI I * I !G�wWM'riYhhM II II at mature growth to grow on the Easement Area, or alter ground level, without the prior written consent of Grantee; (f) Add or remove soil or alter the grade of the land within the Easement Area; (g) Use the Easement Area for any purpose except agriculture without the prior written consent of Grantee; provided, however, the written consent of Grantee shall not be unreasonably withheld, delayed, or conditioned for the following uses: (1) Open space areas with or without landscaping but excluding fences (other than along property lines), retaining walls, and trees; (2) Paved, gravel -surfaced, or unsurfaced local roadways (not arterial roadways); (3) Paved, gravel -surfaced, or unsurfaced parking areas except use involving long-term storage; (4) Paved, gravel -surfaced, or unsurfaced recreation areas (excluding buildings) such as trails, bike paths, basketball courts, tennis courts, volleyball courts; (5) Temporary covers or enclosures not requiring the construction of a foundation and not to be used for long-term storage; and (6) Utility service crossings at near right angles of the Improvements with a minimum two (2) feet of clearance from actual pot -holed elevations of the pipe. Other industry standards for crossings may apply and would be addressed during the plan review for each crossing. 8. Maintenance of Easement Area. (a) Grantor will maintain the surface of the Easement Area (except for any of the District's improvements permitted thereon) in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. (b) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on the Easement Area, other than vegetation not prohibited under Section 7 above. 9. Representations of Grantor. Grantor represents and warrants that it is the lawful owner in fee simple of the Easement Area; that it has good and lawful right and authority to grant, sell and convey the Easement Area or any part thereof; and that it will warrant and defend title to the 4768958 Pages: 44 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii Ktt eilialhiA "III 1 Easement and Easement Area. 10. Additional Terms and Conditions. (a) Construction. Whenever used herein, the singular includes the plural, the plural the singular; and the use of any gender is applicable to all genders. (b) Validity. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect; provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations. (c) Binding Effect. All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, personal representatives, successors and assigns. (d) Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. (e) Recordation. This Agreement shall be recorded in the real property records of Weld County. (f) Runs with the Land. The rights and responsibilities set forth in this Agreement are intended to be covenants on the Property and are to run with the land. (g) (h) (i) Benefits and Burdens. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, administrators, successors and permitted assigns of the Grantor and the District. Abandonment. The District agrees that at such time and in the event that the Improvements or Easement described herein are abandoned by the District and any successor or permitted assignee, the Easement will terminate automatically and the real property interest represented by the Easement will revert to the Grantor, its heirs, successors and/or assigns. Assignability. It is expressly acknowledged and agreed that the District shall have the right and authority to assign the Easement to any appropriative local governmental entity or to any public utility provider, including but not limited to all rights to use, and all obligations associated with, the Easement as are granted to and assumed by the District herein, subject to such assignee es: 45 of 104 1O/2 9 2021 10:08 58 �AM R Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII igi!'ii I'dillr1kt1'(l' Vil Wirrile %DW II II assuming the obligations set forth herein, the District shall have the right and authority to grant temporary construction easements to any appropriative local governmental entity or public utility provider for purposes of construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of the Improvements, subject to all the terms and conditions of this Agreement. [Remainder of page intentionally left blank] 4768958 Pages: 46 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII lCFrillt ' 1ilw:Chi MaiGii hi?: WWI: I:'w'Il1 ► II II 6 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: Moro Farms Inc., a Colorado Corporation By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by , as for Moro Farms, Inc., a Colorado Corporation. WITNESS my hand and official seal. My commission expires: Notary Public 10/25/2021 10:08AM g� 47 of 104 R Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1III NIfiPlifAllarilANI ANUmhirillANITiWkh 11II THE DISTRICT: NORTH WELD COUNTY WATER DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By Gene Stille, President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by Gene Stille, as President, ofNORTH WELD COUNTY WATER DISTRICT, a quasi -municipal and political subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public 4768958 Pages: 48 of 104 10/25/2021 10:0i8� A,M�IR�Fjee.:: $0.00 ' Clerk and Recorder, Weld County , Co W��� Carly WICI Koppes, It Yfa l lift aiil`I liar ritil' ill ,I II �lll� 8 EXHIBIT A Legal Description of Grantor's Property Lot B of 2nd Amended RECX No. 0803-20-4-AmRE-263, being part of the Southeast '/4 of Section 20, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. 4768958 Pages: 49 of 104 0.00 CO 10/25/2021 1Cler and Recorrder,, Weld County IIIIIPrd�1�tilIrliF21IY C4Ll AIVIII:19rl i 4.5III EXHIBIT B-1 Legal Description of Easement Area 4768958 Pages: 50 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii NFL ti MIlle I AVII F �, ii ii i EXHIBIT DESCRIPTION A permanent easement of land, No. PE -4A. Weld County Project No. GR45 containing 48,966 sq. ft. (1.124 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast quarter of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the North line of said Northeast quarter, a distance of 1,293.20 feet, thence S 04° 23' 25" W, perpendicular to said North line, a distance of 73.18 feet to a point on the West line of said Northeast quarter of the Northeast quarter, also being opposite and 79.13 feet Right of Engineer's Station 106+99.26 and the POINT OF BEGINNING Thence S 85° 20' 50" E, a distance of 1,170.38 feet to a point opposite and 116.03 feet Right of Engineer's Station 118+72.86; Thence S 21° 31 30" E, a distance of 54.02 feet to a point opposite and 164.76 feet Right of Engineer's Station 118+96.19; Thence S 44° 56' 35" W, a distance of 34.77 feet to a point opposite and 191.04 feet Right of Engineer's Station 118+73.42; Thence N 85° 20' 50" W, a distance of 263.32 feet to a point opposite and 188.30 feet Right of Engineer's Station 116+10.11; Thence N 45O 03' 51" W, a distance of 69.60 feet to a point opposite and 142.75 feet Right of Engineer's Station 115+57.49; Thence N 85° 20' 50" W, a distance of 852.57 feet to said West line, also being opposite and 109.23 feet Right of Engineer's Station 107+00.60; Thence N 00° 33' 58" W, along said West line, a distance of 30.12 feet to the POINT OF BEGINNING; whence the point of commencement bears S 88: 50' 56" E, a distance of 1,295.27 feet. The above described permanent easement contains 48,966 sq. ft. (1.124 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M.. and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT PE -4A MORO FARMS INC IA/RI n rnl INITY ml nRArin 4768958 Pages: 51 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County CO U I 86 co C IMMO N r Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: C R 45 Date: 08/17/2021 Scale: 1"=100' Drawn ey. CGG Sheet 3 of 3 III ?rjr1ep: PYI.PflPI �VIii'?.IWiI v1 liii EXHIBIT B-2 Depiction of Easement Area 4768958 Pages: 52 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 ri11il'iglilillIA KIN ?ill' AI Ainliklgadil 1 111 N00'33'58"W 30.12' EXHIBIT SE1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX PLAN CENTERLINE Roar;-_..__ 109+00 110+00 PE -4A = 48,966 S.F.± NE1 /4, NE1/4 S.29, T06N, R65W MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET PERMANENT EASEMENT MORO FARMS INC WELD COUNTY. COLORAf)C) 4768958 Pages: 53 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County , CO �1���Mh.4���4!'�W�GUKdl�l7lkl��0h��iMlf�Wl'� � • • CO 1j y CALL UTILITY NOTIFICATION CENTER OF COLORADO CA_L 2 -BUSINESS DAYS IN ADVANCE BE=ORE YOU DIG GRADE OR EXCAVA'E FOR THE MARKING OF UNDERGROUND MEU8ER UT1lMIES P.O.C. NE. COR. SEC.29 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Date 08/17/2021 Drawn by CGG Sheet 1 of 3 EXHIBIT N. LINE NE1/4, NE1/4 S.29, T06N, R65W ROW 114+00 ROW Section Line ROti ROW--_�_ ROW---- ROW .2 EXISTING 40' -- RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 15�C0 ROW I I SEE SHEET 1 N85°201501'W 852.57' I S88°50'56"E 1.295.27' (to P.O.C.) STA: 115+57 49' OFF. ' 42.75'R N45°03'51 "W 69.60' CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS 'N ADVANCE BEFORE YOU DIG GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 116+00 R 0' me SE1 /4, SE1/4 S.20, T06N, R65W V � I WELD COUNTY ROAD '- 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE S 3 117+0Q S85 °20'50"E 1.170.38' 118+00 ROWS_ Rower— — ROW N85°36'35"1 1299.55' • N85°20'50"W 26322' ROW el Section Line P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) ROW 119+00 1 ROw ROWS_ ROW-- ROW-------- STA. 118+72 86' OFF. 116.03'R STA: 1,G+1011, !OFF: 188 30'R PE -4A = 48,966 S.F.f NE1/4, NE1/4 S.29, T06N, R65W 0 0 O Row-. Q S21'31'30"E 54.02' N01°13'04"W, 2429.03' a 0 s 120+00 in I. oIN ° c— o r (n In STA: 118+96 19' OFF: 164 76'S S44'56'35"W 34.77' sTA: OFF. 18+73 42' 191.04'R MORO FARMS INC. 200 FEET PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 PERMANENT EASEMENT PE -4A MORO FARMS INC WFI fl rot JNTY_ COLORADO 4768958 Pages: 54 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VV,it Co 863 r. T 1� r 0 i 0 r Section Line i en 1/40 �C U 0 ROw— 121+00 W.C.R. 66 KU,: RC) 41. 0 Rw(I GUFQ, to 9.18/2021 et 36 I S ♦ On am de L + A tect WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 2 of 3 IIIEVAINAIRSir#k W114111111 EXHIBIT L s 2,7- W. LINE E1 /2, SE1 /4 S.20, T06N, R65W a ROW --- 107+00 ROW Rowe 108+00 — Rove I� Section Line ROW k� ROW STA. 1D6+99.261 OFF 79.131R P ^ , PE -4A N00°33'58"W 30.12' ti H, 1 LI :` '.: .;LJ.601 O Ll OFF: I0.9.23'R SE1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1 /4 S.29, T06N, R65W 109+00 110+00 �,.1"'_---�tc�L 111 +Q W.C.R. 66 RCN & ROWS PE -4A = 48,966 S.F.± ROW ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 112+00 I— ROW�_ RO,:r N8S°36'35"Vi Rowe. 1299.55' Row Row ROW '1eti. . S88°50'56"E 1,295.2T (to P.O.C. ) N85°20'50"w 852.57' NE1 /4, NE1 /4 S.29, TO6N, R65W MORO FARMS INC. 7- W. LINE E1 /2, NE1/4 S.29, TO6N, R65W 0 100 PARC a 11080329000083 RECP.# 1713377 DEED, 3-11-1977 200 1 FEET CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE OR E%GWA" FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SEE SHEET 2 P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" 113*UMINUM CAP (ILLIGIBLE) PERMANENT EASEMENT PE 4A MORO FARMS INC IA/M n rni INTY ml ()RADO 4768958 Pages: 55 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII EMI* II; �!ICC' if rig° rani. i Co i i N 1'Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT pro ect No GR 45 ate: 08/17/2021 (Drawn by. CGG N. LINE NE1/4, NE1/4 S.29, TO6N, R65W Section Line •, OFF 142 75'R CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 200 FEET PERMANENT EASEMENT MORO FARMS INC %/1/FI fl rfl INITY rni nAAnn 4768958 Pages: 56 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO ■III rjr J:1lIi ‘IA EXHIBIT SE1 /4, SE1/4 S.20, TO6N, R65W NE1/4, NE1/4 S.29, TO6N, R65W PARC. 1/080329000083 RECP.# 1713377 DEED, 3-11-1977 \ (/ •,L rt 60 i WELD COUNTY DEPARTMENT OF PUBLIC WORKS V\ICR66&41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 2 of 3 ui After recording, return to: Western States Land Services, Inc. 505 N. Denver Avenue Loveland, Colorado 80537 AMENDED AND RESTATED IRRIGATION EASEMENT This Amended and Restated Quit Claim Deed ("Restated Easement") is entered into as of this day of 20 by and between Moro Farms Incorporated, a Colorado Corporation ("Grantor") and Bliss Lateral Company, whose address is C/O 796 North Balsam Ave., Greeley, CO 80631 (the "Company"). RECITALS A. The Company is the successor to The McCall Drainage and Irrigation Company and is the owner of an easement granted to The McCall Drainage and Irrigation Company by instrument entitled Quit Claim Deed," dated November 25, 1899 executed by Annie H. Buckley and recorded in Reception Number 72911, of the real property records of Weld County, Colorado (the "Existing Easement.") B. Grantor owns certain property in Weld County, Colorado described on Exhibit A attached hereto and incorporated by this reference (the "Grantor Parcel"). C. Grantor and the Company desire to amend and restate the Existing Easement, but only insofar as it affects the Grantor Parcel. NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which is hereby acknowledged, Grantor grants, bargains, sells, conveys and confirms to the Company, its successors and assigns, a perpetual non-exclusive easement for the transmission or distribution irrigation water (the "Easement") over, under, through and across the following described premises located in the County of Weld, State of Colorado (the "Easement Area"), to -wit: DESCRIBED ON EXHIBIT B-1 PERMANENT EASEMENT ATTACHED HERETO AND INCORPORATED BY THIS REFERENCE Together with the full right and authority in the Company, its successors, licensees, contractors, or assigns, and its and their agents and employees to (1) enter the Easement Area at all times to survey, mark and sign the Easement Area or the Facilities (as defined below); (2) access, construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect, improve, enlarge, and maintain irrigation water pipeline, with necessary and proper manholes, guardrails, fences, and other appurtenances and devices used or useful in connection therewith (collectively the "Facilities"); (3) remove objects interfering with the Facilities or the exercise of the Company's rights hereunder; and (4) use and have reasonable ingress and egress along and across the Easement Area for personnel, equipment and vehicles. Grantor agrees not to perform any act that will impair the structural integrity of, interfere with, or endanger said Facilities. Without limiting the foregoing, Grantor shall not, without the prior written approval of the Company, alter the existing ground elevations or change the compaction of the soil on the Easement Area. No temporary or permanent buildings, structures (including without limitation trailers or mobile homes), signs, or wells shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other objects shall be erected, placed, or permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the prior 4768958 Pages: 57 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IirirMillatil II III Exhibit F Bliss Irrigation Ditch Permanent Easement forms, legal descriptions, and depictions of parcel PE -4B 1065/2021 10:08 8958 Pages: R Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Iilia141i44rl'r4IL�V NA IMILIII ON'IYIllii h 1I II Amended and Restated Easement Page 2 of 6 written approval of the Company, build, create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary, nor allow the impoundment of water on the Easement Area. Any of the improvements or structures described in this paragraph may be hereinafter called "Improvements". No failure by the Company to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Company to such Improvements. In addition, no such failure by the Company to remove or otherwise object to such Improvements shall be deemed a waiver of the Company's right to remove any such Improvements without further notice or compensation to Grantor. No waiver by the Company of any provision hereof, nor any approval of the Company required herein, shall be deemed to have been made unless made in writing and signed by an authorized representative of the Company. Non-use or a limited use of the Easement Area shall not prevent the Company from thereafter making use of the Easement Area to the full extent herein authorized. Following completion of construction or renovation of its Facilities on the Easement Area, the Company shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable, taking into account, among other things, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations on structures, trees, shrubs, and other objects. No amendment, modification or supplement of this Easement shall be binding on the Company unless made in writing and executed by an authorized representative of the Company (or its successor or assign, if applicable). The provisions of this Easement shall run with the land and shall be binding on and burden the Easement Area and shall be binding on and shall inure to the benefit of all persons claiming an interest in the Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and the Company. "Grantor" shall include the singular, plural, feminine, masculine and neuter. Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to sell, transfer, convey and grant the easement and rights contained in this Easement. This grant is binding on Grantor, is not conditioned upon obtaining the consent of any third party, and is not subject to any mortgages or liens, except those for which Grantor has provided the Company with a consent and subordination agreement, executed by such mortgagee or lien holder and attached hereto. This Easement incorporates all agreements and stipulations between Grantor and the Company as to the subject matter of this Easement and no prior representations or statements, verbal or written, shall modify, supplement or change the terms of this Easement. The title of this document is inserted for convenience only and does not define or limit the rights granted pursuant to this Easement. This Easement consists of the document entitled "Quit Claim Deed" and an Exhibit containing a legal description and a sketch depicting the legal description if referenced above or attached hereto, and if attached hereto, a Consent and Subordination. No other exhibit, addendum, schedule or other attachment (collectively "Addendum") is authorized by the Company, and no Addendum shall be effective and binding upon the Company unless separately executed by an authorized representative of the Company. This Restated Easement is intended to amend, replace and restate all of the terms, provisions and conditions of the Existing Easement insofar as it affects the Grantor Parcel, which is hereby confirmed and ratified as amended, replaced and restated. In the event of an express conflict between this Restated Easement and the Existing Easement, insofar as it affects the Grantor Parcel, the terms of this Restated 4768958 Pages: 59 of 104 10/25/2021 10:08 AM R Fee:$0.00 CO Carly /2021 Koppes, Clerk and Recorder, Weld County Amended and Restated Easement Page 3 of 6 Easement will control. Without limiting the generality of the foregoing, (a) the Existing Easement shall no longer encumber any portion of Grantor Parcel which is outside the boundaries of the Easement Area Signed and delivered this day of , 20 GRANTOR: MORO FARMS INCORPORATED By: STATE OF ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by _ as of the , Grantor. Witness my hand and official seal. My Commission Expires: Notary Public Signatures Continue on Following Page Pages: 60 of 0 00 10/25 4768958 R Fee:$ co W,�`,IIII Carly Ko021 10:08 AM �I��y ,LLB} wit► Car1Y�IKoPPeS� Clerk and Recorder, !Wg,1:�� County 11f1r ,��� Ri'i��l'i��X'� � llfill �If� Amended and Restated Easement Page 4 of 6 BLISS LATERAL COMPANY By: Its: STATE OF COLORADO ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this by Company. Witness my hand and official seal. as day of , 20 of Bliss Lateral My commission expires: 4768938 Pages: 61 of 104 R Fee:$0.00d County uuCO W��� 08 Anr ��� i,I III 10/25/2021 10 : ittn Carly KoppCS Clark and Recorder, LL, Notary Public Amended and Restated Easement Page 5 of 6 EXHIBIT A 295 0614 dYLhal 112.1521,- .. HI 44 I* go.,..., a,,. .<..4. QUIT - f. E . AIM DEED 3T417 Ar LOLMAN; t Labor q Rob. h w Ae thanesrim And ma Me' ;iris geed, AG.4, p4la........ Zs` is Oa your oft r Lwei ono dt _-. _ eight haHdrrd and nfaatg ro-a «"- ;::.t' J�Y.., ' <- qtr. Ge'Cecn3 /NUJ 1",,q' oaa. seam of Colorado, of Mao find port, :lG .i. Vii".✓& c c[^- zt'rA.�.Ltc.-:r£ �t c-,.0.J"%./'^�er.t*}.;"--..C�..��;-a'-'-.11/11-U•-t%.f..i;aK,j ynnt �r t+Ci..r4Gcat,-_.et G{.�� f...: Cdi£ .(*�1... of Ow ikwooty .f-._.._„1&.44 and Mate of Colorado, of the eamnd pmt. W ITXES i8T3, Tkni toe wit part ..ggl VA. frn< want, far and i+ .andde,atiae of Ow awn of - • '.d__v_-f_ufsf--- h:'f- _r _ Ate, a eatd pander[ ,f a.. ]tir* t Ann to hand Pala 4'' Cho told W+tt/`�L-.W' 11.4 "deal P.N.1b{ r*i 1 whereof is hereby osAfl'and and antaow- ` - - I 1, mlo ad, tdd, eanwyed, and QUIT-CUM:1.17, and by Cheat amends do-enronmok polearo, +e R. AnwoN and QUIT-CI4LX of Elm rood{ parR.4 a`. c< o+u6 n.j s fn.raer, e1C (hs nyi.t, We, la, oa4 cLMnt anot demand whloh 114. pool Jute. in and Co rA., following dr gidand ?..z�:. • .,- _._.__.. _._..Otaald fling and beong i.o Am Cate at (Marsden W-aoil- CL• .t. ..! . oA d,...t .e./.le.w n.. -.z. <...f..,� ^ 6 yw .t .' t" -O,(e, RtIS, Zia -; -t q,,,.w:t... .Ile. 'Y t,.J.r oa•(- ..xtQ... 0:01 'A%'W. .2.,,:'.a( ,e.l t„- ..i -{ .J?:rt;. [.S.,,.t� Q..,- 2(! ..r ....d,., .�._.,. a _.,,a..4,•..,..� iCa....lP C ✓ aloc,..4La..,ct,v.G «cr.pFf .t<. ,. C r.{✓..e.f .l ttr. titi.nC f>a f -Yrri. — rflLwnL, .vim- ,;[l -w :.� - .0 tP:�:..,,L. +-t..,, '+-.-t ....T.,�t. 4 l• .n.7" 1 ..--'��J -' .4--41" , a.+. F!S v,G1<�1.i+�. ._ ,C ,i-.x..d: w....d a..- :5_,£.�.,t„Gt-xr� o{P.il ad .a��'.aa./ -.i•b/ -u.cI,=ffCtik. . 4-it.if ,-w 2,o-r.L _r..-.,.. .-{�.,,... n.> .eft, •mca. h o -,_L ..-ty'��,,L ..-c/i.G r x ,Cny�aC . �l/�I., &.7 l..a! I 4d LtCI.. ,+c aw cc[a.G i.t. "jam R .CuL u..� / .i PY . L1. .,+•+t o...6- ;: /.{t+• Q-c�r�f _tZe. Y44�F_�a.ez nY /`�..t ✓ .-7f.t ,,,/ 4.1CC+.7 a.afs.� Ki+ 4}.Y} Let?. � C�sMjoa l.+. Jxi �t�M Yf.',.�.��A.<_..1.r/.a/ly - ro sd➢ll 4JYU Yll HOLD -1313 .AfxI, Y?f t a, mica ,aid awd-aia(ater a . aaparfe. a,ao+e cart titaronalo trl.njlw4e ar !w mac - r m tea miato appariaiwlrtf, ,.I4 aid Cho Mato, right, wit*, Worst cowl ,Miaw weateawr, of lee paid lurC of to first part, dthar *law or boa and amain. /broom .hnad and wwl i,:a day and par fat ' tttm onair proper mat. roman anal Wang of rte *old peel' of lan eannad part, .."4• 'v 'r 1X Wildfl68 W 1IIt1ROb; Sh.. mold portal of the low pert Aa K k vaarta afoot* written. .94wei. &Wad amd tdtuavaa DI Pregame of STATE OE COLORADO, .0.0 4 111. in Me Mb , i,u. ri. dt boar wad. Mar w4 _.Ire eai ,W add LLrrls, parwooliy w to at ,4-4—• Lb wow slow war_-. . ;... aCpmtrtd sown 1111 LI, bar Al *tare sat adwabamo Hirt .... mx moo ems mamma do mil Lwerant,t ar ariLW as `-t"i`z fm...al r lnrma ad, too tar oaf did wows meth Fit AIM 5Pa: 62 of 104 es10/2592021 10:08 9 AM R Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII lAitrafa* III II Amended and Restated Easement Page 6 of 6 EXHIBIT B-1 4768958 Pages: 63 of 104 10/23/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO SIN �l'�1� R1��'� P��ti i'i1 III II EXHIBIT :ALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES N01 °00'25"E 1,245.06' (to P.O.C.)-� SEE SHEET 2 NE1/4, NE1/4 S.29, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N03 -14'56"W 521.09' E. LINE NE1/4, NE1/4 S.29, T06N, R65W WELD COUNTY ROAD 66 8e WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE PE -4B = 24,023 S.F.± STA: 504+12.67' #FF: 53.54'L STA 304+12 23' OF� 72 03'L MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 fr 11/4 O �- e G GUFR 1 ca �,O�. #1:10k%4 9118120 21 o` I • • exte • / S '��At LAH = I CC 1 0 h -K 100 PERMANENT EASEMENT PE -4B MORO FARMS INC WELD COUNTY, COLORADO N03° 17'45"W 142.41' STA: 502+69 08' OFF: 67 79'L N02°26'36"W 92.18' -A: 501+76 44' - OFF 65 56'L N 10°54'45"W 131.05' STA: 500+G7 04' OFF: 42.01'L Pt 200 FEET 0 N N85°33'19"W 3.18' O N- 0 N rN O Z oak s v C C C U CU U, 0 0- 0 0� o STA: 501+78 33' OFF 47.11'L MOb MO C 0 0 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) NW1/4, /4, N W1 /4 S.28, T06N, R65W SOY 17'45"E 142.54' STA: 502+69 60' OFF: 49.30'L S02°26'36"E 90.95' 0 Si0`54'41 "E 47.57' STA: 501+31 34" OFF: 38 71'L P.O B PE -4B S00°22'25"E 84.38' STA: 500+46 77' OFF: 38.84'L WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Projec: No: GR 45 ate. 08/17/2021 Draw" by: CGG 0 g e t amr es�r ��3 o win aLO R eIL U tm w e, 0E-22 al 1 �N N GON o 1 co 1 > tipc No Scalp 1 "-100' Sheet 1 of 4 EXHIBIT a. 114+00 ROW SE1 /4, SE1 /4 5.20, TO6N, R65W 115+00 ROW -- Row-_____ Row Section Line ROW CALL UTILITY NOTIFECATION CENTER OF COLORADC CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES ROW ROW 116+00 ROW W.C.R. 66 ROW ROW 117+00 ROw-.. EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 NE1/4, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 118+00 Row---_.._ ROt N85-_ 35 3S„W 1299.55' U 0 LO N. LINE NE1/4, NE1/4 S.29, I TO6N, R65W 119+00 ROW - Row RO ' STA: 513+12 32' OFF: 144 671 STA: 513+G9 05' OFF: 10485'L i o S21 °31'30"E 123.04' MORO FARMS INC. PARC. It 080329000083 RECP.# 1713377 DEED, 3-11-1977 L - _ �it b , - G G I`c�. e ai 4t) tit I V 9/18;2021 0, I • 365 1 ste,• — -4L L 0 S85°20'50"E 40.00' N28'43'57"W 138.661 STA: 511+94 42' OFF. 61.50'L 0 STA: 511+90 92' --- OFF. 79 93'L EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N02°22'44"W 258 74' S02'22'44"E 261.72' PE -4B = 24,023 S.F.± i 120+00 O SW1 /4, SW1/4 S.21, TO6N, R65W ROW 121+00 R.O. Row P.O.C. ENE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 509-* 3.7.79' OFF 7705'L S TA: 509+33 95' OFF 58 55'L N03°14'56"W 521 09' L/ 100 200 SEE SHEET 1 FEET PERMANENT EASEMENT PE -4B C . J . ▪ C Lei NOO°2225 W.C.R. 41 Section Line C M02! MOL E. LINE NE1/ NE1/4- S.29, TO6N, R65W NW1/4, /4, NW1 /4 S.28, TO6N, R65W N01 °00'25"E 1.245.06' (to P.O.C.) MORO FARMS INC WELD CUE JNTY rani nPann 4768958 Pages: 65 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO "� I��1 �rnar couN III Wj I!'WiS!!ikMS hl�Ykd� �I III Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT koject No: GR 45 ate: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 2 of 4 CALL UTILITY NOYIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAMS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXHIBIT N01 °00'25"E 1,245.06'— (to P.O.C.) SEE SHEET 2 NE1/4, NE1 /4 S.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N03°14'56"W 521.09' E. LINE NE1/4, NE1/4 S.29, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE PE -4B = 24,023 S.F.± STA 504+12 6-' OFF. 53.54'L STA. 544+12.23' OFF 72.03'L MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 Pt 0 PERMANENT EASEMENT MORO FARMS INC WELD COUNTY, COLORADO Pt 100 Pt N03° 17'45"W 142.41' NO2°26'36"W 92.18' STA: ;n1 +75.44' OFF. 65 561L N 10°54'45"W 131.05' STA 500+47 G4' OFF: 42.01'L�N Pt 200 FEET V N85°33'19"W 3.18' O rat C C en 5"W, 2 N O O O Z 1 O O O cz U O O P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) N W1 /4, N W1 /4 S.28, T06N, R65W S03° 17'45"E 142.54' STA- 502+69 60' OFF: 49 30'L S02°26'36"E 90.95' STA 501+73 33' o OFF. 47 11'L S10°54'41 "E 47.57' OF_ 1 r' P.O B PE -4B STA 5C"+3-, '1 L S00°22'25"E 84.38' x O -` STA 500+46 1OFF: 38 84'� 3 4 J e-4 N a ri g Goo Mo N 'j co Win 1.O Nem 'Cr re0� WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT project No: GR 45 ate: 08/17/2021 Drawn by CGG Sheet 1 of 4 SE1 /4, SE1/4 S.20, T06N, R65W 114+00 Row WV -a, ROW —a-- ROW — ROVv---_, ROW Section e CALL UTILITY NOTIFICATION CENTER OF COLORADO CAL,- 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTrLIT:ES EXHIBIT 116+00 -H-- Row EXISTING 40' - RIGHT-OF-WAY RD- BK 2, PG 77 JULY 7, 1876 NE1/4, NE1/4 S.29, T06N, R65W MORO FARMS INC. PARC. /1 080329000083 RECP.# 1713377 DEED, 3-11-1977 PERMANENT EASEMENT MORO FARMS INC WELD COUNTY. COLORADO 4768958 Pages: 67 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County ROAD 41 INTX. PLAN CENTERLINE 1299.55' ST.A: 513+09.05' OFF. 104.851 S85°20'50"E 40.00' N28°43'57"W 138.66' EXISTING 60' _ RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 NO2°22'44"W 258.74' PE -4B = 24,023 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE TA. 5:i9-33 79 OFF. 77 05'L 100 200 SEE SHEET 1. CO IA lir c III IF111iU,:IJR NR7Wv� ui SW1 /4, SW1 /4 S.21, T06N, R65W ROW-- R'J r r- NW1/4, NW1/4 ° S.28, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roject No: GR 45 ate: 08/17/2021 Drawn by. CGG • EXHIBIT DESCRIPTION A permanent esement of land, No. PE -4B, Weld County Project No. GR 45 containing 24,023 sq. ft. (0.552 acres), more or less, being a portion of land described in a deed, recorded on March 11th. 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West. of the 6th Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the East line of said Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00 feet to a point on the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6. 1876 being 60 feet in width, 30 feet on both sides of said East line, and also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence S 00° 22' 25" E, along said West right of way line, a distance of 84.38 feet to the South line of said deed recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 38.84 feet Left of Engineer's Station 500+46.77; Thence N 85° 33' 19" W, along said South line, a distance of 3.18 feet to a point opposite and 42.01 feet Left of Engineer's Station 500+47.04; Thence N 10° 54' 41" W, departing said South line, a distance of 131.05 feet to a point opposite and 65.56 feet Left of Engineer's Station 501+76.44; Thence N 02° 26' 36" W, a distance of 92.18 feet to a point opposite and 67.79 feet Left of Engineer's Station 502+69.08; Thence N 03° 17' 45" W, a distance of 142.41 feet to a point opposite and 72.03 feet Left of Engineer's Station 504+12.23; Thence N 03° 14' 56" W, a distance of 521.09 feet to a point opposite and 77.05 feet Left of Engineer's Station 509+33.79; Thence N 02° 22' 44" W, a distance of 258.74 feet to a point opposite and 79.93 feet Left of Engineer's Station 511+90.92; Thence N 28° 43' 57" W, a distance of 138.66 feet to a point opposite and 144.67 feet Left of Engineer's Station 513+12.82; Thence S 85° 20' 50" E, a distance of 40.00 feet to a point opposite and 104.85 feet Left of Engineer's Station 513+09.05; Thence S 21° 31' 30" E, a distance of 123.04 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence S 02° 22' 44" E, a distance of 261.72 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence S 03° 14' 56" E, a distance of 520.95 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence S 030 17' 45" E, a distance of 142.54 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence S 02° 26' 36" E, a distance of 90.95 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence S 10° 54' 41" E, a distance of 47.57 feet to the POINT OF BEGINNING; whence the point of commencement bears N 01° 00 25" E, a distance of 1,245.06 feet. The above described permanent easement contains 24.023 sq. ft. (0.552 acres). more or less. Subject to and together with: Rights of Way for irrigation ditch as described and conveyed by Quit Claim Deed, recorded November 12, 1907 at Reception Number 123774 in the office of the Weld County Clerk and Recorder. 4768958 Pages: 68 of 104 10/25/2021 10:08 AM ec Fee : $0.Weld County y CO Carly Koppes, Clerk and R'AMNIA 4ii'Ii'ht1 IIII ■III H� •�� I��41 PERMANENT EASEMENT PE -4B MORO FARMS INC WELD COUNTY, COLORADO ‘44‘, 80 l t .ar C }Pit N I t WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No. GR 45 I Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 3 of 4 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4768958 Pages: 69 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III PrdWilli'AiMill'hiCALTreilliiillAil1/471Niiini II Ili PERMANENT EASEMENT PE -4B MORO FARMS INC WELD COUNTY, COLORADO h � 'sk`J 86 v CouNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 (Drawn by: CGG I Sheet 4 of 4 Exhibit G Weld County Permanent Drainage Easement form, legal description, and depictions of parcel PDE-4 4768958 Pages: 70 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Wank k 1111 EASEMENT AGREEMENT THIS GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT is executed this day of , 2021, between the MORO FARMS INCORPORATED, A COLORADO CORPORATION, 35530 CR 43 Eaton, CO 80615 ("Grantor") and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado ("Grantee"). Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." 1. Grantor, for and in consideration in the amount of Ten dollars ($10.00) and the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its successors and assigns, a perpetual non-exclusive easement as particularly described in Exhibit, attached hereto and incorporated herein by this reference ("Easement"), for the purpose of constructing and maintaining a water conveyance structure, subject to the remaining terms and conditions stated herein. 2. Grantee requires use of the Easement in conjunction with its intersection improvement project generally located at County Road 41 and County Road 66 ("Project"). Grantee's primary use of the Easement is designed to avoid stormwater causing a rise in the floodplain of the Project area. Notwithstanding anything to the contrary stated herein, Grantee shall have the right to use Easement to effectuate that purpose. Grantee's rights to use the Easement shall include, but not be limited to, the following: a. The right to periodically remove the soil, sediment, and any other material or objects that Grantee determines create an obstruction to the flow of stormwater through the Easement. b. The right to construct water conveyance structure through the Easement. c. The right to maintain or repair the structure or replace the structure without limitation in Grantee's sole determination, subject to the terms and conditions stated herein. d. The right to convey an unlimited amount of stormwater through the Easement, subject to the condition that no such stormwater may e. The right to ingress and egress over and across the Easement for the purpose of exercising the rights herein granted. f. The right to mark the location of the Easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said Easement. 3. Grantor reserves the right to use and occupy the Easement for any purpose consistent with the rights and privileges granted herein, including but not limited to, the right to convey stormwater and irrigation water through the Easement. Grantor shall not allow for the deposit of soil, sediment, material, or other objects in the Easement which could restrict the flow of Grantee's stormwater through the Easement, and shall be responsible for the removal of the same in the case that such deposit in the Easement occurs. 4. In the event any of the terms of this Easement are violated by a Party or by any person in privity with such Party, such violation shall be immediately corrected and eliminated upon receipt of notice from the non -violating Party, and if not corrected, the non -violating Party shall have the right to correct and eliminate such violation, and the violating Party, its successors and assigns, 4768958 Pages: 71 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII INYI1.1II shall promptly pay the costs to correct said violation. If such violation is not corrected, the non - violating Party shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The non -violating Party reserves the right to do all acts necessary to immediately remedy any emergency or situation that may arise associated with or caused by the Easement. 5. The Grantee shall restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Project installed by Grantee, any damages caused on the Easement, including landscaping, reseeding, fences, or other improvements, arising out of the construction or reconstruction, repair, maintenance, replacement, inspection, survey or removal of the Project whenever same may occur. 6. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the Project is installed and completed as provided in paragraph 3 above, maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Easement herein granted, Grantee shall and all of Grantee's right, title and interest in the Easement shall revert to the then current owner of the property underlying the Easement. 7. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 8. Grantee acknowledges that this Easement may be subject to existing easements or other property rights, recorded or otherwise, and that such easements or property rights have priority in right over the Easement granted herein. 9. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assigns. 10. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Grantor and the covenants and promises hereinabove made as Grantee. 11. The Parties hereto agree that this Easement shall be recorded at Grantee's sole expense in the office of the County Clerk and Recorder in which the Easement is located. IN WITNESS WHEREOF, the Parties hereto have executed this Perpetual Non -Exclusive Easement to be effective as of the date first -above written. [Signature pages follow] 4768958 Pages: 72 of 104 0.00 co arly10/25/2021 Koer alnd Recorder, weld County III Carly KoPPeS, 1111 NN Va y R KtitiVrW irliiigfr 2 GRANTOR : Moro Farms Incorporated, a Colorado Corporation By: Title: STATE OF COLORADO COUNTY OF WELD ) ) ) ss. Subscribed and acknowledged before me this day of , 2021, by as of Moro Farms Incorporated, a Colorado Corporation. WITNESS my hand and official seal. My commission expires: NOTARY PUBLIC 4768958 Pages: 73 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III AIIIIIIIIIMMI ICINIMMUll:' ii I iiI GRANTEE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair STATE OF COLORADO ) )ss. COUNTY OF WELD ) Subscribed and acknowledged before me this day of , 2021, by Steve Moreno, Chair and Authorized Agent of the Board of County Commissioners of Weld County. WITNESS my hand and official seal. My commission expires: NOTARY PUBLIC 4768958 Pages: 74 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 4 CALL UT:LITr NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NE1 /4, NE1/4 S.29, TO6N, R65W EXHIBIT SEE SHEET 2 PDE-4 = 177,877 S.F.± PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 4768958 Pages: 75 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII WHININEAMICNNIVINIIIIIVIIIMPAIN 11111 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE E. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N W1 /4, S.28, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Sate: 08/17/2021 Drawn by: CGG Scale: 111=100' Sheet ' of 4 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, -06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 Section Line ROV1 N56°47'33"W 124 58' NE1/4, NE1/4 S.29, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO ROW ROW EXHIBIT SE1 /4, SE1 /4 S.20, TO6N, R65W PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 PDE-4 = 177,877 S.F. ± STA. 509+39 12' �! CALL 2-B.,SINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 2C0 FEET SEE SHEET 1 PERMANENT DRAINAGE EASEMENT MORO FARMS INC WFI n nni INTY nnl np A nn 4768958 Pages: 76 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County , CO rwei1/211141/2371Aii 11:9114'1.112IMP %TM VIII SAWS ISIS EIS SS SI R04'r�_ ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N W1 /4 S.28, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 (Drawn by: CGG CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NE1/4, NE1/4 S.29, TO6N, R65W EXHIBIT SEE SHEET 2 NO2°48'54"W 190.17' STA: 507+51.83'' OFF. 193 42'L N18°19'22"W 19'22"W 342.87' PDE-4 = 177,877 S.F. ± PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 NO3°01'06"W 225 37' 4768958 Pages: 77 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III Flail; I Vittlit 11110Rtir 110114 11 if Fit nil), It'll N21 °47'08"W 154.70' S00°22'25"E 84.38' 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE E. LINE NE1/4, NE1/4 S.29, TO6N, R65W NW1/4, /4, S.28, TO6N, R65W S02°26'36"E 90.95' STA. 501+31 34' OFF. 38 711L. P O.B PDE-4 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by' CGG Sheet 1 of 4 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE Section Line STA: 511-323Q'----. 0FF_ 354 72'1_ NE1 /4, NE1 /4 S.29, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEVBER u',L.TI S EXHIBIT SE1 /4, SE1 /4 S.20, T06N, R65W STA .' iJ+Vu 05 OFF: 104 85'L PARC. #080329000083 RECP. # 1713377 DEED, 3-11-1977 PDE-4 - 177,877 S.F.± 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC WELD COUNTY. col ORAnn 4768958 Pages: 78 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County NO2°48'54" W 190.17' u SEE SHEET 1 Co IFg1IY016' LNGxiin<if�WlGk�f�'�ihRY�Y�IlY�} III P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) STA O F F 6' 501 l86i r r Lv C 120+00 W.C.R. 66 RCW ROW--- POW N01 °00'25"E 1,245.06' (to P.O.C.) �---- EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1 /4 S.28, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project. No: GR 45 ate: 08/17/2021 Drawn by. OGG Sheet 2 of 4 11 EXHIBIT DESCRIPTION A permanent drainage easement of land, No. PDE-4, Weld County Project No. GR45 containing 177,877 sq. ft. (4.083 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent drainage easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the East line of said Northeast quarter of the Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00 feet to the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width. 30 feet on both sides of said East line common to said Sections 28 and 29, and also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence S 000 22' 12" E, along said West right of way line, a distance of 84.38 feet to the South line of said deed, recorded on March 11 th, 1977 at Reception Number 1713377, also being opposite and 38.84 feet Left of Engineer's Station 500+46.77; Thence N 21° 47' 08" W, a distance of 154.70 feet to a point opposite and 94.77 feet Left of Engineer's Station 501+91.70; Thence N 03° 01 06" W, a distance of 225.37 feet to a point opposite and 101.01 feet Left of Engineer's Station 504+18.76; Thence N 18° 19' 22" W, a distance of 342.87 feet to a point opposite and 193.42 feet Left of Engineer's Station 507+51.83; Thence N 02° 48' 54" W, a distance of 190.17 feet to a point opposite and 193.71 feet Left of Engineer's Station 509+39.12; Thence on the arc of a curve to the left, a radius of 200.91 feet, a central angle of 40° 36' 22", a distance of 142.39 feet (a chord bearing N 26° 54' 58" W, a distance of 139.43 feet) to a point opposite and 252.41 feet Left of Engineer's Station 510+63.40; Thence N 56° 47' 33" W, a distance of 124.58 feet to a point opposite and 354.72 feet Left of Engineer's Station 511+32.80; Thence on the arc of a curve to the right, a radius of 513.14 feet, a central angle of 29° 35' 44", a distance of 265.06 feet (a chord bearing N 34° 34' 49" W, a distance of 262.12 feet) to a point opposite and 499.76 feet Left of Engineer's Station 513+46.44; Thence S 85° 20' 50" E, a distance of 396.68 feet to a point opposite and 104.85 feet Left of Engineer's Station 513+09.05; Thence S 21' 31 30" E, a distance of 123.04 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence S 02° 22' 44" E, a distance of 261.72 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95: Thence S 03° 14' 56" E, a distance of 520.95 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence S 03° 17' 45" E, a distance of 142.54 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence S 02° 26' 36" E, a distance of 90.95 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence S 10° 54' 41" E, a distance of 47.57 feet to the POINT OF BEGINNING; whence the point of commencement bears N 01' 00' 25" E, a distance of 1,245.06 feet. The above described permanent drainage easement contains 177,877 sq. ft. (4.083 acres), more or less. PERMANENT DRAINAGE EASEMENT PDE-4 MORO FARMS INC WELD COUNTY, COLORADO 4768958 Pages: 79 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County , CO 4.11/4 F sist= I86�£2at WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 (Scale: 1"=100' Date: 08/17/2021 (Drawn by: CGG (Sheet 3 of 4 III NJ�IIWAI:iNt�4�f1114��Wl4�if �I�1.1lMrlIIYJMil �I III EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORN' (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Beari-igs was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4768958 Pages: 80 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO III P.? riVIL r Me 1110 VT/MD I 11111 PERMANENT DRAINAGE EASEMENT PDE-4 MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT I _ I Project No GR 45 1Scale: 1"-100' Date 08/17/2021 Drawn by: CGG Sheet 4 of 4 Exhibit H Temporary Easement forms, legal descriptions, and depictions of parcel TCE-2 See Exhibit C - DCP Permanent Easement Identifies a Temporary Construction Easement. The legal description is included as part of PE -2. 4768958 Pages: 81 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII IPAII:lini Ii K II:Ctik Vtih NIIIII iiii Milli Exhibit I Temporary Easement forms, legal descriptions, and depictions of parcel TCE-2A 4768958 Pages: 82 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111114IIIVAYE!'IIATMIMI I CI i k inn GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Moro Farms Inc., (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4768958 Pages: 83 of 104 10/2Fee:$0.00 Carly oppe 10:081111 yAIMI�R ��r� kit III III Carly KoPPes� Clerk 7t17���°I'�n�� County CO GRANTOR: Moro Farms Incorporated, a Colorado corporation By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by as of Moro Farms Incorporated, a Colorado Corporation. Witness my hand and official seal. Notary Public 4768958 Pages: 84 of 104 0.00 10/25/2021 10Clerk and Recorder, Weld :05AIM,�111L,R Fee:$0• 1 �I�uL I■R.11�1ll11,IIII IIIII ;oPPes rattan IN Itfl I1'flliltI County . NI, MORO FARMS INC PARC.#080320000057 RECP.# 1713377, 03-11-1977 STA: 103+18 57' OFF 35.46'L N86°00'29"E 213.38' STA: 101+04.28' OFF 25.01'L N85' 36'35"W 95.85' +0(N85°36'35"W w2, ''00 1299.55' I STA: 102+00.16' OFF: 24 961 100 ROW S W1 /4, SE 1 /4 S.20, T06N, R65W --' STA: 03+15.98' IOFF: 55 311 1STA: 1034.95 58' N83°46'56"E �-- RO CALL UTILITY NOTIFICATION CEN-ER OF COLORADO W. LINE E1 /2, SE1 /4 S.20, TO6N, R65W TCE-2A = 10,249 S.F.± 80.38' / 103+00 W.C.R. 66 S88°55'53"W 118.59' S. LINE SW1 /4, SE1/4 S.20, T06N, R65W STA: 103+97 43' OFF: 49 01'L S87°32'14"E 287.35' STA: 106+91 56'1-1 OFF: 64 111. S46° 14'12"E 9.37' STA: 106+84 53' N87°32'13"W 278.29' RGV4 RO 104+00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW -I/4, NE1 /4 S.29, T06N, R65W 200 1 FEET MORO FARMS INC WELD COUNTY, COLORADO 4768958 Pages: 85 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County , CO S83°46'56"W 79.76' _ate: 08/17/2021 III PAMi'mii III III Row 05+00 ROWS Rc �V EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 +7 Oo STA: 1 6 3 ' 6 3 OFF: 50.39'L 70.34'L ROW 106+00 86 a a Row N46°14'13'W 22.06' STA: 106+93 35' OFF: 35 72'L P 0 B TCE-2A Ian taloa CdUL -aS CALL 2 -BUSINESS DAYS N ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIL•TIES SE1/4, SE1/4 S.20, T06N, R65W S01 °33'13"E 28.44' pow --7 Section Line RQ ••• ROW E1 /4, N E1 /4 S.29, T06N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 383'47'40"E 1,304.51' (to P.O.C.) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 N86°00'29"E 213.38' N85°36'35"W 95.85' SW1/4, /4, SE1/4 S.20, T06N, R65W N83°46'56"E 80.38' 103+00 ___ W.S.R. 66 ►t v S88°55'53"W 118.59' W. LINE E1 /2, SE1/4 S.20, T06N, R65W TCE-2A = 10, 249 S.F.± STA: 103+95 58' OFF: 68.98'L ROWS_ Row 104+00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CEN TERUN E N W1 /4, N E 1 /4 S.29, T06N, R65W 200 FEET TEMPORARY CONSTRUCITON EASEMENT MORO FARMS INC IA/M f'1 rnt INITV rni no Ann 4768958 Pages: 86 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes; Clerk anc Recorder; Weld County CO viii l �.� L' h.X iU44� KM II I!f'MAhil��6��h .'kill'iiii S46° 14'12"E 9.37' RO`ti, 05+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 GOuN STA: 106+76 83' OFF: 50 39'' N46°14'13"W 22.06' CALL UTILITY NOTIFICATION CEN"ER OF COLORADO is es Ws Castel piall CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SE1/4, SE1/4 S.20, T06N, R65W S01 °33' 13"E 28.44' Section Line T06N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) S83'4140„E 1,304.51' (to P.O0) WELD COUNTY DEPARTMENT OF PUBLIC WORKS ate: 08/17/2021 WCR66&41 INTERSECTION PROJECT Drawn by: CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-2A, Weld County Project No. GR 45 containing 10,249 sq. ft. (0.235 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 1,303.85 feet, thence N 04° 23' 25" E, perpendicular to said South section line a distance of 41.33 feet, to the East line of said West half of the Southeast quarter of said Section 20, and also being opposite and 35.72 feet Left of Engineer's Station 106+93.35 also being the POINT OF BEGINNING; Thence N 46° 14' 13" W, a distance of 22.06 feet to a point opposite and 50.39 feet Left of Engineer's Station 106+76.83; Thence N 87° 32' 13" W, a distance of 278.29 feet to a point opposite and 49.01 feet Left of Engineer's Station 103+97.43; Thence S 83° 46' 56" W, a distance of 79.76 feet to a point opposite and 35.46 feet Left of Engineer's Station 103+18.57; Thence S 88' 55' 53" W, a distance of 118.59 feet to the intersection with the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the said South line, also being opposite and 24.96 feet Left of Engineer's Station 102+00.16; Thence N 85° 36' 35" W, along said North right of way line, a distance of 95.85 feet to a point opposite and 25.01 feet Left of Engineer's Station 101+04.28; Thence N 86° 00' 29" E, a distance of 213.38 feet to a point opposite and 55.31 feet Left of Engineer's Station 103+15.98; Thence N 83° 46' 56" E, a distance of 80.38 feet to a point opposite and 68.98 feet Left of Engineer's Station 103+95.58; Thence S 87° 32' 14" E, a distance of 287.35 feet to a point opposite and 70.34 feet Left of Engineer's Station 106+84.53; Thence S 46° 14' 12" E, a distance of 9.37 feet to a point opposite and 64.11 feet Left of Engineer's Station 106+91.56; Thence S 01' 33' 13" E, a distance of 28.44 feet to the POINT OF BEGINNING; whence the point of commencement bears S 83° 4T 40" E, a distance of 1,304.51 feet. The above described temporary construction easement contains 10,249 sq. ft. (0.235 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32. Township 6 North, Range 65 West, S ixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P .M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TOE -2A MORO FARMS INC WFI f7 r(ll INTY rnl nOenn 4768958 Pages: 87 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County , CO c Li NI Y III ,I,t W,a 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by CGG Scale: 11'7100' Sheet 2 of 2 Exhibit J Temporary Easement forms, legal descriptions, and depictions of parcel TCE-4 4768958 Pages: 88 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IllikifililitildllIliti Inf illikiN+K IR IC' 'W k Ill III GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Moro Farms, Inc., a Colorado Corporation, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4768958 Pages: 89 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IN0CIPOIIIREADIVIiki, tl II GRANTOR: Moro Farms Inc., a Colorado Corporation By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by as for Moro Farms Inc., a Colorado Corporation. Witness my hand and official seal. Notary Public 4768958 Pages: 90 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII ficirdlliThDRZilviCEIVirdiEtillickirWillyii, II II CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NO2°48'54"W 192.72' STA: 507+48.63' OFF. 218.44'L TCE- 4 = 230,551 S.F.± N18°19'22'W 342 91' SEE SHEET 2 MORO FARMS INC. PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 NE1/4, NE1/4 S.29, T06N, R65W 100 200 FEET STA 504+14 89' OFF: 125.95'L S03° 17'45"E 142.54' NO3°01'06"W 226.15' S02°26'36"E 90.95' STA. 501+86_61 -� OFF: "19.601 S10'54'41 "E 47.57' N21347'08"W 146.52' S0O°22'25"E 84 38' TEMPORARY CONSTRUCTION EASEMENT TCE-4 MORO FARMS INC 1A/C1 n (~(li MTV Cfli (1RAfl(l 4768958 Pages: 91 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO STA: 500+49.10' - OFF. 66.61'L -��_ N85°33'19"W 27.87' STA: 500+46 77' FF -nom ig§i4f.. V ° 0 0 Date 08/17/2021 w LfI N N IN re) O LO SO (N4 RV) O \ Tel 0 c0 0 in Of O o ,--1 0 r U 3 0 73 0 MOti I, 0 O P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 E. LINE NE1/4, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N01'00'25"E 1,245.06' (to P_O.C.) STA 504+12 67' OFF 53 54'L NW1 /4 S.28, T06N, R65W STA. 502+69.60' OE:: 49 30'L S�A 501;78.33' r OFF: 47 11'L --STA: 501+31 34 OFF 38 71'L P TCE-4 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Drawn by: CGG Sheet 1 at 5 EIPARI Witt KT 14,11A10114iiYr��� I,' SE1/4, SE1 /4 S.20, T06N, R65W N. LINE NE1/4, NE1/4 S.29, T06N, R65W ROWS----- N85°36'35"W TCE- 4 - 230,551 S.F.± N56'47'33"W 124.02' NE1/4, NE1/4 S.29, TO6N, R65W EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE Section Line PARC. #080329000083 RECP. # 1713377 DEED, 3-11-1977 NO2°48'54"W 192.72' 200 FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WELD COUNTY rani nPAfn 4768958 Pages: 92 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County CO imirwiivilriammiiiklik0FE"iiivi 111111 i SEE SHEET 1 couN u N CALL UTILITY NOTIFICAT'0N CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 121+00 W.C.R. 66 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) E. LINE NE1/4, NE1/4 S.29, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4 S.28, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD -8K 1, PG 258 APRIL 6, 1874 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate 08/17/2021 Drawn by: CGG Sheet 2 of 5 • EXHIBIT ROW t 107.00 ROV 8014 0 ROW 108+00 i Roar 109+00 Section Line ROW STA: ROt. ROW A 106+99 29' OFF: 79 99'R N00°33'58"W 25.10' -STA. 107+23 79' OFF: 101.17'R SO4°3911 01'W 5.00' -STA: 107+23 55' OFF: 106.17'R N85°20'50"W 23.36' STA: 107+00 41' OFF: 105.07'R W. LINE E1 /2, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1 /4 S.29, T06N, R65W 110+00 W.C.R. 66 ROW 111+00 RO — Row SE1 /4, SE1 /4 S.20, T06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 112+00 ROW--�- ROW- _ Rfl: N85°36'35"W .,: 1299.55' S85'20'50"E 1,170.38' N85 °20'50"W 696.46' NE1 /4, NE1/4 S.29, TO6N, R65W TCE- 4 230,551 S.F.± ROW---� RO, MORO FARMS INC. PARC. #080329000083 RECP.If 1713377 DEED, 3-11-1977 4768958 Pages: 93 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO IIIIIIFAML1 Pi.'IL 1V 1III.I V!iI � 100 200 FEET TEMPORARY CONSTRUCTION EASEMENT TCE-4 i ui 11 CALL UTILITY NOTIFICATION CENTER OF COLORADO CAL. 2 -BUSINESS DAYS IN ADVANCE BEFORE VOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES +00 ROW Rot ROW 114+00 TA: 114+23 29' OFF: 131 7 :_ R RO11r+..m.•--4 SEE SHEET 2 MORO FARMS INC WELD COUNTY, COLORADO r O}J i`v WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT 'roject No: GR 45 Scale: 1"=100' ate: 08/17/2021 Drawn by CGG Sheet 3 of 5 NO2°48'54"W 192.72' CALL UTILITY NOTIFICATION CENTER OF COLORADO TCE-4 = 230,551 S.F.± CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 NE1/4, NE1/4 S.29, TO6N, R65W 200 FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WFI n rinl INTY fnl nRAnn 4768958 Pages: 94 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO i EXHIBIT SEE SHEET 2 STA. 504+ 14.89' 3FF_ 125.951 S03° 17'45"E 142.54' NO3°01'06"W 226.15' S02°26'36"E 90.95' S10°54'41 "E 47.57' N21 °47'08"W 146.52' TA: 500+49 10'--\ - F 66.61'L COUNTY II Hl�1PI41P+hPli4�WIh,WR'���Y��IiI�I�Y1bY1M�d Y4�A �I III EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE STA: 504+12 67' OFF: 53 54'L N W1 /4 S.28, TO6N, R65W STA 501+78 OFF: 47 11'L WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 Drawn by: CGG Sheet 1 of 5 14+00 ROw ROW SE1/4, SE1 /4 S.20, TO6N, R65W N. LINE NE1/4, NE1/4 S.29, TO6N, R65W RO w Row 115+00 ROw— — N85°36'35 "W 1299.5S' ROW 385°20150"E 1,170.38' ti 7 S O Syr; ROW a ROW TCE- 4 = 230,551 S.F.± Rc = 538.14 11=15°47'56" Lc = 148.39' C = 147.92' CB = N41°39'11"W 7 STA I A OFF 370 26'L 117+00 Row - EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE R W ROWS- ROWRow------- RO'fr_J ROW C- EXISTING 40' - RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 118+00 ROW ROW-- Pi 119+00 Section Line OFF- 115 03'R PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 N56°47'33" VV 124.02' NE1/4, NE1/4 S.29, TO6N, R65W STA: 510+44 54' --�� OFF: 268 5.: 100 200 Rc = 175.91' A=39°41'09" Lc = 121.84' C= 119.43' CB = N26°43'01 "W STA. 509+38 36t OFF 218 "3'L NO2°48'54"VV 192.72' [ FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WELD COUNTY. COLORADO 4768958 Pages: 95 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO SEE SHEET 2 up -.A: 509+33 95 _FF:585: 186idarste Q. i Row w to in - a, "v o i i i ti Z7 O 0 0 0 120+00 c2. CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES ROW 121+00 ROW W.C.R. 66 ROW--- ROW---- Role P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) E. LINE NEI/4, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 aP NW1/4 S.28, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N01 °00'25"E 1,245.06' (to P.O.C_) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate' 08/17/2021 Drawn by CGG Sheet 2 of 5 III Nl�1IY1�&!dlsK�IW4 �I��f��ti� I�IS�INi JhiwYlVWs� iii EXHIBIT 2 Row, X 3 107+00 ROW C ROW Row WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, T06N, R65W 108+00 - �0..109+00 -I• -- P Section Line ROW--- ROW - STA: 136+99.291 R04M�_ ROW OFF: 79.99'R N00°33'58"W 2510' STA 1:'-623 79' OFF 1h4 17•Q SO4°39'10"W 5.00' STA. 107+23 55' `RF 106.174R N85°20'50"W 23.36' 4 OFF. 105.07'R 7- W. LINE E1 /2, NE1/4 S.29, T06N, R65W 3 ,x 110+00 W.C.R. 66 Row ROW ROW 111+00 ROW Rp; ROW - S85°20'50'E 1,170.38' SE1 /4, SE1 /4 S.20, T06N, R65W N8S°20'50"t--�� N 696.46' NE1/4, NE1/4 S.29, T06N, R65W EXISTING 40' RIGHT—OF—WAY RD—BK 2, PG 77 JULY 7, 1876 112+00 I - 1 Roy; Row N8S°36'35"1►y 1299.55' TCE-4 = 230,551 S.F.± Row MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED. 3-11-1977 4768958 Pages: 96 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorders Weld County CO 1111V.rWrI0N'JlifidilltikinlimMVICWOciliyi, �I III 100 200 FEET RO'I CALL UTiLITY NOTIFICATION CENTER OF COLORADO kV' CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 11t+00 ROW Row R0w ROW 114+00 v• A T..1--23 29' — Ca 'Cc.` 0 uE,�OQ � � 1 I,. Q 9:18/2021 0` 336 Lak s ROW-----, cr O 44, TEMPORARY CONSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO rat N Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale 1"=100' i 1 ate: 08/17/2021 Drawn by: CGG Sheet 3 of 5 EXHIBIT DESCRIPTION A temporary construction easement of land, No. TCE-4, Weld County Project No. GR45 containing 230,551 sq. ft. (5.293 acres), more or less, beirg a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction Y P rY easement being more particularly described as follows: COMMENCING at the corner common to Sections 20. 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the East line of said Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00, to the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said East line, also being opposite and 38.71 feet Left of Engineer's Station 501 +31.34 and the POINT OF BEGINNING; Thence S 00° 22° 25" E, along said West line, a distance of 84.38 feet to the South line of said deed recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 38.84 feet left of Engineer's Station 500+46.77; Thence N 85° 33' 19" W, along said South line, a distance of 27.87 feet to a point opposite and 66.61 feet Left of Engineer's Station 500+49.10; Thence N 21° 47' 08" W, departing said South line, a distance of 146.52 feet to a point opposite and 119.60 feet Left of Engineer's Station 501+86.61; Thence N 03° 01' 06" W, a distance of 226.15 feet to a point opposite and 125.95 feet Left of Engineer's Station 504+14.89; Thence N 18° 19' 22" W, a distance of 342.91 feet to a point opposite and 218.44 feet Left of Engineer's Station 507+48.63; Thence N 02° 48' 54" W, a distance of 192.72 feet to a point opposite and 218.70 feet Left of Engineer's Station 509+38.06; Thence on the arc of a curve to the left, a radius of 175.91 feet, a central angle of 39° 41' 09", a distance of 121.85 feet (a chord bearing N 26° 43' 01" W, a distance of 119.43 feet) to a point opposite and 268.52 feet Left of Engineer's Station 510+44.54; Thence N 56° 47' 33" W. a distance of 124.02 feet to a point opposite and 370.26 feet Left of Engineer's Station 511+13.70; Thence on the arc of a curve to the right, a radius of 538.14 feet, a central angle of 15° 47' 56", a distance of 148.39 feet, (a chord bearing N 41° 39' 11" W, a distance of 147.92 feet) to a point opposite and 466.13 feet Left of Engineer's Station 512+21.91; Thence N 38° 55' 00" W, a distance of 140.84 feet to a point opposite and 131.73 feet Right of Engineer's Station 114+23.29; Thence N 85° 20' 50" W. a distance of 696.46 feet to a point opposite and 101.17 feet Right of Engineer's Station 107+23.79; Thence S 04' 39' 10" W, a distance of 5.00 feet to a point opposite and 106.17 feet Right of Engineer's Station 107+23.55; Thence N 85° 20' 50" W. a distance of 23.36 feet to the West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 105.07 feet Right of Engineer's Station 107+00.41; i TEMPORARY COSTRUCTION RUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY. COLORADO 4768958 Pages: 97 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1 "=100' Date 08/17/2021 (Drawn by: CGG I Sheet 4 of 5 III {dI V?11#.al'i III EXHIBIT DESCRIPTION Thence N 000 33' 58" W, along said West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, a distance of 25.10 feet, also being opposite and 79.99 feet Right of Engineer's Station 106+99.29; Thence S 85° 20' 50" E, a distance of 1,170.38 feet to a point opposite and 116.03 feet Right of Engineer's Station 118+72.86; Thence S 21' 31' 30" E, a distance of 123.04 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence S 02° 22' 44" E, a distance of 261.72 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence S 03° 14' 56" E, a distance of 520.95 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence S 03° 17' 45" E, a distance of 142.54 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence S 02° 26' 36" E, a distance of 90.95 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence S 10° 54' 41" E, a distance of 47.57 feet to the POINT OF BEGINNING; whence the point of commencement bears N 010 00' 25' E, a distance of 1,245.06 feet. The above described temporary construction easement contains 230,551 sq. ft. (5.293 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 4768958 Pages: 98 of 104 10/25/2021 1010 $ AMd Recoeder$,OWe Weld County C,0 Carly Koppes III hV�1A�7QICtiNLY' ilMl�lU�4t'lMI�'I�FYi�I�'�ti N��Y4� �I III TEMPORARY COSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO cUN1Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'roject No: GR 45 ate: 08/17/2021 Scale: 10=100' Drawn by CGS Sheet 5 of 5 Exhibit K Temporary Easement forms, legal descriptions, and depictions of parcel TCE-4A 4768958 Pages: 99 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii IYIice11 11 tililadl ih lEr 11111 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Moro Farms Inc., a Colorado Corporation, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. 4768938 Pages: 100 of 104 10/25/2021 10:08 AMd Recorder,Fe:0.0 Weld County Co Carly KopPes,■ IL l��ar:t1�M Clerk � �IIY�r Writ LYklittili �I i 14 5 II GRANTOR: Moro Farms Inc., a Colorado Corporation By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by as for Moro Farms Inc., a Colorado Corporation Witness my hand and official seal. Notary Public 4768958 Pages: 101 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII kirdr:L Kial AMillar nii,riiKiiiii M IVI LAM MM M EXHIBIT 3 '2,7- W. LINE E1/2, SE1/4 S.20, TO6N, R65W 2 R0VU--- 107+00 R0w� 2 I STA: 107+49,24'1 OFF: 81.55 Row`s' 108+00-- Row`.. 109+00 110+00 Novi I _ Q SE1 /4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W Section Line S85 °205'E ROW- Rove C • R . 6 6 14.52' Kvw RO1M��. STA: 107+63 64. ' STA: 109+92.52' q _6 'S �� a !.y 1 STA: 107+9b 16'1, OFF: 124.07'R} / OFF: 82.29'R S47° 19`52"E 48.71' OFF: 95.31'R N04°39' 10"E 30.00' S85'20'50"E 191.01' N85' 20'50"W 204.46' TCE-4A = 2861 S.F.± STA: 108+00 10' OFF: 114.27'R STA. 109+90.90' OFF: 125.27'R J ROW ROW S85°20'50"E 10.00' ROW Roy EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 1 1 +O0 1- ROW---._ ROW N8S°36'35"W 1299,55` ROW ROW CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 113. FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) ROW-- STA: 110+02 58' OFF: 95.84'R P.O.B. TCE-4A S04°39'10"W 40.00' `i STA: 110+00 45' OFF: 135 79'R NE1/4, NE1/4 S.29, TO6N, R65W MORO FARMS INC. 7- W. LINE 0/2, NE1/4 S.29, TO6N, R65W 0 100 200 FEET PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 S89°55'21 "E 991.76' (to P.O.C.) TEMPORARY CONSTRUCTION EASEMENT TCE-4A MORO FARMS INC IA/CI P1 rr11 IMITV r`n1 nR A nn 4768958 Pages: 102 of 104 10/25/2021 10:08 AM R Fee.$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 'Scale. 1-,100, III POrdIlliciiliiiI! .14 III II i Date: 08/17/2021 Drawn by. CGG Sheet 1 of 2 EXHIBIT r ROw- bola 107+00 Ro W. LINE E1/2, SE1/4 S.20, TO6N, R65W -STA: 107+49 24' OFF: 81.55'R Roves` 108+00 ROB,;: Section Line RG,,;� S85'20'50'E Rowe 14.52STA 107+63 64 r STA: 137+96 16 OFF. 124 07'R 82.29'P. SE1/4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 109+00 110+00 RQ. ROW Ro, C.R. 66 STA: 109+92 Sr -- OFF: 95.31'R 347°19'52"E N04°39'10"E 48.71' 30.00' S85°20'50"E 191.01' N8S°20'50"w 204.46' TCE- 4A = 2861 S.F.± 'LISTA: 108+00 10' 'OFF: OFF. 114 27'R STA: 109+90 90' OFF 125 27'R 111 00 Row S85'20'50"E 10.00' RO�� EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 112+00 I- ROW-•.- RC N85°36'35"W 1299.55' ROWS, ROW -- CALL UTILITY NOTIFICATION CE\TER OF COLORADO CAL. 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE OR EXCAVATE COR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 113 FOUND 2-1/2" RoyALUMINUM CAP (ILLIGIBLE) Row -1STA: 113+02.58" OFF: 95.84'R P :_ B. 'CE -`A SO4°39'10"W 40.00' 110+00 45' OFF: 135 79'R NE1/4, NE1/4 S.29, T06N, R65W MORO FARMS INC. W. LINE E1/2, NE1/4 S.29, TO6N, R65W 100 200 PARC. II 080329000083 RECP.# 1713377 DEED, 3-11-1977 FEET TEMPORARY CONSTRUCTION EASEMENT S89°55'21 "E 991 76' (to P.O.C.) I.i . die Chi 4V OQ` Fes` ♦ 4 9) 18/2021 0 ; I I 33 .. - 54 a TOE 4,4 MORO FARMS INC 1/1/PI (1 nnI MTV Ma nPAnn 4768958 Pages: 103 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County . CO .fr 'A G N WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Scale: 1"=100' Drawn by CGG Sheet 2 hIi�11L' ��l4 i�4Y�11W4�I:u�G'lAhK41LN I�IANi�� W� III EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-4A, Weld County Project No. GR 45 containing 2861 sq. ft. (0.066 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the North line of said Northeast quarter of the Northeast quarter. a distance of 988.95 feet, thence S 040 23' 25" W, perpendicular to said North line, a distance of 74.58 feet, and also being opposite and 95.84 feet Right of Engineer's Station 110+02.58 and the POINT OF BEGINNING; Thence S 04° 39' 10" W, a distance of 40.00 feet to a point opposite and 135.79 feet Right of Engineer's Station 110+00.45; Thence N 85° 20' 50" W, a distance of 204.46 feet to a point opposite and 124.07 feet Right of Engineer's Station 107+96.16; Thence N 46° 22' 32" W. a distance of 63.60 feet to a point opposite and 81.55 feet Right of Engineer's Station 107+49.24; Thence S 85° 20' 50" E, a distance of 14.52 feet to a point opposite and 82.29 feet Right of Engineer's Station 107+63.64; Thence S 47° 19' 52" E, a distance of 48.71 feet to a point opposite and 114.27 feet Right of Engineer's Station 108+00.10; Thence S 85° 20' 50" E, a distance of 191.01 feet to a point opposite and 125.27 feet Right of Engineer's Station 109+90.90; Thence N 04° 39' 10" E, a distance of 30.00 feet to a point opposite and 95.31 feet Right of Engineer's Station 109+92.52; Thence S 85° 20' 50" E, a distance of 10.00 feet to the POINT OF BEGINNING; whence the point of commencement bears S 89° 55' 21" E, a distance of 991.76 feet. The above described temporary construction easement contains 2861 sq. ft. (0.066 acres) more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-4A MORO FARMS INC 1/1/PI n lni MTV r,ni nPAnn 4768958 Pages: 104 of 104 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO ■ III ralv2A111.1111 NECIMAIIMMNItill'ilivi. II liii WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Scale: 1"=100' Drawn by: CGG Sheet 2 of 2 New Contract Request Entity Information Entity Name* MORO FARMS INC Contract Name'* PUCHASE AND SALES AGREEMENT FOR ROW AND EASEMENTS ON CR 66 AND CR 41 INTERSECTION PROJECT Entity ID'* O00044559 Contract Status CTB REVIEW ❑ New Entity? Contract ID 5286 Contract Lead'* CKIMMI Contract Lead Email CKimmi@co weld co us Parent Contract ID Requires Board Approval YES Department Project # GR-45 Contract Description* PURCHASE AND SALES AGREEMENT FOR ROW, PERMANENT EASEMENTS, TEMPORARY EASEMENTS, AND DRAINAGE EASEMENT FOR THE CR 66/CR 41 INTERSECTION PROJECT Contract Description 2 Contract Type* AGREEMENT Amount* $94,000 00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov corn Department Head Email CM-Publ icWo rks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO WELD CO US If this is a renewal enter previous Contract ID I€ this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date 10/11/2021 Due Date 10/07/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept_ to be included? NO Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnRase Contract Dates Effective Date Review Date 2 10/04/2021 Renewal Date i Termination Notice Period I Contact Information, Contact Info Contact Name Purchasing Purchasing Approver Approval Process, Department Head JAY MCDONALD DH Approved Date 10/06/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/13/2021 Originator CKIMMI Contact Type Committed Delivery Date Contact Email Finance Approver BARB CONNOLLY Expiration Date* 12/31/2023 Contact Phone 1 Purchasing Approved Date Finance Approved Date 10/06/2021 Tyler Ref # AG 101321 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 10/06/2021 MEMORANDUM TO: Esther Gesick, CTB DATE: November 3, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for 2021-2911 Please place the attached Acceptance of a Deed of Dedication for the Moro Farm ROW parcel known as RW-4 on the consent agenda. The original docket number was 2021-2911. This ROW acquisition is part of the CR 66 and CR 41 project. Opl-39II C,0 n54241+ J`- cnc � 12./01/21 8Goo'7 9 l/O81Q1 Page 1 of 1 e6! I tie /5-1A) M:\ —Active Projects g ects\WCR 66 and WCR 41 Intersection\Desi n\ROW\Moro Farms \Purr ase A @eme\Moro Farm Deed of Dedication Acceptance Memo to CTB /11 a y/ forRW-4.docx� y / Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 7:34 AM CTB Clayton Kimmi Deed of Dedication for 2021-2911 RW-4.pdf Attached is the deed of dedication for the ROW that was acquired from Moro Farms for the CR 66 and CR 41 project. The deed needs to be accepted by the BOCC and then recorded. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this2Bdayof1 ev " , 2021, between Moro Farms Incorporated, a Colorado corporation (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43 -2- 201(1 Xa), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The rea l property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GR OR:Morn Farms Incorporated, a Colorado Corporation 101V1S/51/1_ By Title STATE OF COLORADO ) ss. COUNTY OF WELD ) Abe foregoing meet was ackno edged before me this J Auld c1S��`�' Wit ess my hand and o ficialseal. otary Pub lc ACCEPTANCE 214 day of ).\Ole'1'beY' , 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO 144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication o f property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this 8th day of November ATTEST: Wel out Cler._• t • B By ,2021. ro- BOARD OF COUNTY COMMISSIONERS WEL ! CO Y, COLORADO , Board of County Commissioners *No Deed of Dedication is valid ounty Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4778046 Pages: 1 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO BIM M 0201 — 02� l EXHIBIT CALL UTILITY NOT FICATION CENTER OF COLORADO CALL 2 -BUSINESS DAY3 IN .ACVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER ,,T,s r':Es NE1/4, NE1/4 S.29, TO6N, R65W SEE SHEET 2 N01 °00'25"E 1,245.06'—�� (to P.00.) S00°22'25"E 1,227.13' N03° 14'56"W 520.95' RW-4 = 112,825 S.F.± STA. 504+12 67' OFF: 53.54'L MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 0 Pt 100 Pt P1 N03° 17'45"W 142.54' 200 �I FEET TA. 502+69 aC'1-. OFF: 49.30'L N02°26'36"W 90.95' STA: 501+78 33' FF. 47 11'L N10'54'41"W 47.57' S -A: 501+31 34' --� OFF: 33 71'L P.O.B. RW-4 01. fV N rn vD N u S00°22'25 orTh I Section Line C O to ci C 3 C MO8---Mo2i Mod O z C P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) NW1/4, /4, N W1/4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 E. LINE NE1/4, NE1/4 S.29, T06N, R65W RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC t . re. /\ all SW . wn. . a am - WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' 4778046 Pages: 2 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO #701 ill Vela K �+ �I II VIII 11) ��.� � Date: 08/17/2021 Drawn by: CGG Sheet 1 of 5 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BE ORE YOU DIG GRADE OR EXCAVATE FOR THE MARKING OF JNDERGROUND MEMBER UT+LITIES 115+00 Rc"1-- Row Section Line RW-4 = 112,825 S.F.± NE1/4, NE1/4 S.29, TO6N, R65W EXHIBIT SE1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE -- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 119+00 - f Row- NO2'22'44"W 261.72' STA: 509+33 9511 --- OFF: 58.55'L 100 200 SEE SHEET 1 FEET RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC . a a . a a .a. a 4778046 Pages: 3 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO . , is, \1/4-)1, Coll.tY III J!jFIIiI i!uPhW'1 IU�41�'l,IYv� • SW1 /4, SW1 /4 S.21, T06N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLEGIBLE) ROW-- ROW�---_ ROW W.C.R. 66 Row 122+00 --- ROY► -- N W1 /4, N W1 /4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT )roject No: GR 45 ate: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 2 of 5 EXHIBIT W. LINE E1/2, SE1/4 S.20, TO6N, R65W CPA SW1/4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROW 105+00 ROw ROw ROW 106+00 Res, Section Line N00'33'58"W 53.38' NW1/4, NE1/4 S.29, TO6N, R65W 0 STA: A )6+96 86' OFF: 2r.80'R 107+OU 108+00 J Row —___109+00 SE1/4, SE1/4 S.20, TO6N, R65W N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 110+00 N85"36'3S"W 4 CALL UTILITY NOTIFICATION CENTER OF COLORADO rspi CAL_ 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVA-E FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 111+00 ROW 112+00 ROvv S��0� ��I.�%��' 65°36'3SE 1269.38' � N85°20'50"W�ry "--STA: 106+99 26' 7� 1 {1� ~~ � 3 7- W. LINE E1/2, NE1/4 S.29, TO6N, R65W 100 RW-4 - 112,825 S.F.± NE1/4, NE1/4 S.29, TO6N, R65W MORO FARMS INC. 200 FEET PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 nOvi SEE SHEET 2 RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC I 86?.!' thi ce:oLs) NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT koject No: GR 45 Scale: 1"=100' 4778046 Pages: 4 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO I#'h\'kJI"!'AQ IIAII. ih 11111 ate: 08/17/2021 i Drawn by: CGG Sheet 3 of 5 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXHIBIT SEE SHEET 2 NE1 /4, NE1/4 S.29, TO6N, R65W PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 RIGHT OF WAY ACQUISITION MORO FARMS INC 4778046 Pages: 5 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIlN��f�47G+�'�7i�li���EI�iW nlY��hY� Wk41���Yk� 11111 S00°22'25"E 1,227.13' N03° 14'56"W 520.95' RW-4 = 112,825 S.F.± 200 FEET GJ N03° 17'45"W 142.54' N02°26'36"W 90.95' N 10°54'41 "W 47.57' STA: 501+31 34' OFF 38 71'L POB RA/ -4 NW1/4, /4, N W1 /4 S.28, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERUNE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY DEPARTMENT OF PUBLIC WORKS Date: 08/17/2021 WCR 66 & 41 INTERSECTION PROJECT Drawn by CGG Scale: 1"=100' Sheet 1 of 5 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Section Line RW-4 = 112,825 S.F.± NE1 /4, NE1 /4 S.29, T06N, R65W EXHIBIT SE1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, T06N, R65W Rows Rare N8S°36'35"W N21 °31'30"W 123.04 119+00 -- I-- PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 NOZz261.72' fi zw RIGHT OF WAY ACQUISITION 100 200 SEE SHEET 1 MORO FARMS INC 4778046 Pages: 6 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III KO:WA NA\ NiVIKOM A11,414 etats a • iii C O SW1 /4, SW1 /4 S.21, T06N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) ROW ROW----- ROW N W1 /4, N W1 /4 S.28, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE - E. LINE NE1 /4, NE1 /4 S.29, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No: GR 45 Date: 08/17/2021 Drawn by- CGG Sheet 2 of 5 SW1/4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROWS ROW 105+00 ROW---... 108+00 ROW 106+00 Section Line ROWS Row N00°33'58"W 53.38' NW1/4, NE1/4 S.29, TO6N, R65W RIGHT OF WAY ACQUISITION MORO FARMS INC A / r . EXHIBIT S N 106+9y 26' OFF: 79.13'R 200 FEET rnuN 4778046 Pages : 7 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IrdrintIVIINCIP:iiiiiiiMarbriiillikl Yi I III SE1 /4, SE1/4 S.20, TO6N, R65W N. LINE NE1/4, NE1/4 S.29, TO6N, R65W RW-4 = 112,825 S.F.± NE1/4, NE1/4 S.29, TO6N, R65W PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT project No. GR 45 Date. 08/17/2021 Drawn ny CGG Sheet 3 of • _ 4 _ EXHIBIT DESCRIPTION A parcel of land, No. RW-4, Weld County Project No. GR 45 containing 112,825 sq. ft. (2.590 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00°22'25" E, along the East line of said Northeast quarter, a distance of 1,244/0 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00 feet to a point on the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258. recorded April 6, 1874 being 60 feet in width. 30 feet on both sides of said East line and also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence N 10° 54' 41" W, a distance of 47.57 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence N 02° 26' 36" W, a distance of 90.95 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence N 03° 17' 45" W, a distance of 142.54 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence N 03° 14' 56" W, a distance of 520.95 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence N 02° 22' 44" W, a distance of 261.72 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence N 21° 31' 30" W, a distance of 123.04 feet to a point opposite and 116.03 feet Right of Engineer's Station 118+72.86; Thence N 85° 20' 50" W, a distance of 1,170.38 feet to the West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 79.13 feet Right of Engineer's Station 106+99.26: Thence N 00° 33' 58" W, along said West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, a distance of 53.38 feet to the South right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77 recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the South line common to said Section 20 and 29, also being opposite and 25.80 feet Right of Engineer's Station 106+96.86; Thence S 85° 36' 35" E, along said South right of way line, a distance of 1,269.38 feet to said West right of way line, also being opposite and 58.04 feet Right of Engineer's Station 119+67.60; Thence S 00° 22' 25" E, along said West right of way line, a distance of 1,227.13 feet to the POINT OF BEGINNING: whence the point of commencement bears N 01°00'25" E, a distance of 1,245.06 feet. The area of the above described parcel contains 112,825 sq. ft. (2.590 acres), more or less. RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC :N;a�z 8 61Ite ar COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Proje. t No GR 45 Scale: 1"=100' 4778046 Pages: 8 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO in Nil lid '«ILI leill 'AI�' IU I Y (III Date 08;17/2021 (Drawn by: CGG ( Sheet 4 of 5 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORN' (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-4 MORO FARMS INC 4778046 Pages: 9 of 9 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1861der J-% cniiNiY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: COG !Sheet 5 of 5 ui INIEMMILIKLA M (IAA Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 7:21 AM CTB Clayton Kimmi Additions to file 2021-2911 TCE-4.pdf; TCE-4A.pdf Here are the signed Temporary Construction Easements for the agreement that was approved by the BOCC for 2021- 2911. These items do not need to be accepted by the BOCC and they do not need to be recorded. We just need to add them to the file. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. disylsevti- Ay4.44, (2424 e6, Yatt)PMISku) 1 aoai-c 9/i EGrao79 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Moro Farms, Inc., a Colorado Corporation, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNES SETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: Moro Farms Inc., a Colorrado Corporation g. By:(0 . tg Title: t' t4vL' STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Z.I The foregoing instrument was acknowledged before me this/ ill day of Ati{y—, 20)4, by via L VVV, as l i t car4.- -- for Moro Farms Inc., a Colorado Corporation. Witness my hand and official seal. KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 • EXHIBIT • SEE SHEET 2 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NO2°48'54"W 19272' STA: 507+48.631.s' OFF. 218.44'L TCE-4 = 230,551 S.F.± N 18° 19'22"W 342 91' MORO FARMS INC. PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 0 100 NE1/4, NE1/4 S.29, TO6N, R65W 200 FFFT STA 504+14 89' OFF: 125.95'L S03 17'45"E 142.54' NO3°01'06"W 226.15' S02'26'36"E 90.95' STA. 501+86.61 ---, OFF: A 19.60'L �. S10°54'41 "E 47.57' N21,47'08"W 146.52' S00°22'25"E 84.38' STA: 500+49. -10' OFF. 66.61'L tit N85°33'19"W 27.87' STA: 500+46 •17' - FF w to N N N M N tp O '.0 88IN O ocn \ I 01 0 0 0 + G 81 v 0 F P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) EXISTING 6O' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 E. LINE NE1/4, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N01 °00'25"E 1,245.06' (to P.O.C.) STA: 504+12 67' OFF: 53 54'L N W1 /4 S.28, TO6N, R65W 0 4, STA: 502+69.60 ./� OFt: 49.30'L i 0 O F S'.A Y 1 ;78.33' OFF: 4711'L -STA: 501+31 OFF 38 71'L POB Trr A TEMPORARY CONSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO couNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date 08/17/2021 Drawn by: CGG Sheet 1 of 5 14+00 0 R;;i'.'r 119+00 I w w STA: 509+33 95' OFF: 58 5 SE1/4, SE1/4 S.20, TO6N, R65W N. LINE NE1/4, NE1/4 S.29, TO6N, R65W ROW Rot,;: 115+00 ROW -._ ROW N8S°36'35"w 1299.55' S85°20'50"E 1,170.38' let O t? o i ROW- ROW TCE- 4 - 230,551 S.F.± STA: 512+21 91 OFF. 466.13'L Rc = 538.14 A=15°47'56" Lc = 148.39' C = 147.92' CB = N41e39'11"W STA: 511+13 7Q1--' OFF: 370 26'L N56°47'33"W 124.02' NE1/4, NE1/4 S.29, TO6N, R65W STA: 51:)+44 5441 OFF: 268.52'L Rc = 175.91' A=39°41'09" Lc = 121.84' C = 119.43' CB = N26°43'01 "W 100 200 117+00 ROW EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE r. r EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 118+00 ROW Section Line ROW-----ROW�- PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 NO2°48'54"W 192.72' FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WELD COUNTY, COLORADO i 0 0 Lt, • i 0 U) II 120+00 I 0 O s ROW_ t r- RO'W c CO N N CV CID w to En r es) to O SEE SHEET 1 0 A. i N M 1/40 1/40 1-4 c CALL UTILITY NOTIFICATION CENTER OF COLORADO ra'ii CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES ROW 721+00 ROW W.C.R. 66 R` bU---- ROW RCM RO P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) E. LINE NE1/4, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4 S.28, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N01 °00'25"E 1,245.06' (to P.O.C.) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date 08/17/2021 Drawn by: CGG Sheet 2 of 5 EXHIBIT Row . . Y , 107+00 r Row---� 108+00 -- .. RO��.- ,- _.109+00 WELD COUNTY ROAD 6€ & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1 /4 S.29, TO6N, R65W __ __I. 110+00 �i}'!i Section Line ROW+.._ ROW- Row ROW-- ROW —STA: 106+99 29' OFF: 79 99'R N00°33'58"W 25.10' --J STA: 107+23 79' OFF: 101.17'R S04°39'10"W 5.00' STA: 107+23 55' _OFF: 106.17'R N85'20'50"W 23.36' 'LISTA: 107+00 41 OFF: 105.07'P, 7- W. LINE E1 /2, NE1/4 S.29, TO6N, R65 W 0 100 W.C.R. 66 ROW RO'vV---.-- Row 111+00 R0'' + S85'20'50" E 1,170.38' SE1 /4, SE1 /4 S.20, TO6N, R65W N85°20'50"W 696.46' NE1/4, NE1/4 S.29, T06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 112+00 I RDA,' N85°35'35"w 1299.55' ROW - TCE- 4 = 230,551 S.F.± Row Rri' MORO FARMS INC. PARC. //080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET CALL UTILITY NOTIFICATION CENTER OF COLORADO 1411 CAL- 2 -BUSINESS DAYS IN ADVANCE BEFORE "OU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 11C+00 ROW ROW 114+00 R0Wes..._, ROW_� STA: 114+23 29' - OFF: 111 s p,t0 Lfc 'acuf�pt a ,iz) gc, 9 18.202`f at I I SEE SHEET 2 36 4 ; cec cvv TEMPORARY CONSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO 1861.,x -t' �oUNT r.• WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR45 Scale: 1"=100' • ate: 08/17/2021 Drawn by: CGG Sheet 3 of 5 NO2°48'54"W 192.72' CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 NE1/4, NE1/4 S.29, 106N, R65W 200 FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WELD COUNTY, COLORADO EXHIBIT SEE SHEET 2 S03° 17'45"E 142.54' N03°01'06"W 226.15' S02°26'36"E 90.95' STA 501+86 61 ---- F 119.0 STA.: 500+49 10' OFF 66.61'L e`a•---- EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N01 °00'25"E 1,245.06' (to P.O.C.) STA. 504+12 67' OFF: 53 54'L NW1/4 /4 S.28, T06N, R65W STA: 502+69 60' OFF: 49 30'L STA: 501+78 33 OFF: 47 11'L WELD COUNTY DEPARTMENT OF PUBLIC WORKS Date: 08/17/2021 WCR66&41 INTERSECTION PROJECT SE1/4, SE1/4 S.20, T06N, R65W 115+00 117+00 ROW TCE- 4 230,551 S.F.± OFF. 466.1 EXHIBIT WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 118+00 ROW----�. ROW Section Line OFF: 116 03'R STA 1-3.1•11..S4 42' OFF 61.50'L PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 STA OFF 370.26'L N56°47'33"W 124.02' NE1/4, NE1/4 S.29, TO6N, R65W 200 FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WELD COUNTY, COLORADO 119+00 -- 1 ROW CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES W.C.R. 66 ROW ROW-- P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) E. LINE NE1/4, NE1/4 S.29, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4 /4 5.28, T06N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY DEPARTMENT OF PUBLIC WORKS Date. 08/17/2021 WCR66&41 INTERSECTION PROJECT Drawn by: CGG Sheet 2 of 5 EXHIBIT ISM ROw- Row 3 107+00 ROW ROW i 0 108+00 Section Line ROW-� 136+99,29 OFF: 79.99'P ROv,.._._.....109+00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 110+00 W.C.R. 66 ROB_ Row -_ Row Row—�__ ROW N00°33'58"W 25.10' ' Sra 1_ -*L;.7.,,9' OFF 1C' 1 TR SO4°39' 10"W 5.00' --. -A 107+23 55 106,17'P N85°20'50"W 23.36' 107-0CG OF P 105.07IR W. LINE 0/2, NE1/4 S.29, T06N, R65W 100 111+00 RU, R �iD•,',: SE1 /4, SE1 /4 S.20, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 Row-- Row ROW N85°36'35"W 1299.55' ROW 385°20'50"E 1,170.38' N85°20'5Q"'1 ' 696.46' NE1/4, NE1/4 S.29, TO6N, R65W 112+00 1-- TCE- 4 = 230,551 S.F.± MORO FARMS INC. PARC. //080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET RO'w CALL UTILITY NOTIFICATION CENTER OF COLORADO 18111 Ail CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER U-?LITIES 11c+00 ROW ROW- -- Row 114+00 Rue ROw----„ Row 'STA. 1144-23 29' V OFF 131.73'R TEMPORARY CONSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO 11 ,� VrJi G O 4,. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1"=100' , J r L L L t s Date: 08/17/2021 Drawn by: CGG Sheet 3 of 5 1 EXHIBIT DESCRIPTION A temporary construction easement of land, No. TCE-4, Weld County Project No. GR45 containing 230,551 sq. ft. (5.293 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the East line of said Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00, to the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said East line, also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence S 00° 22° 25" E, along said West line, a distance of 84.38 feet to the South line of said deed recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 38.84 feet left of Engineer's Station 500+46.77: Thence N 85° 33' 19" W, along said South line, a distance of 27.87 feet to a point opposite and 66.61 feet Left of Engineer's Station 500+49.10; Thence N 21° 47' 08" W, departing said South line, a distance of 146.52 feet to a point opposite and 119.60 feet Left of Engineer's Station 501 +86.61; Thence N 03° 01' 06" W, a distance of 226.15 feet to a point opposite and 125.95 feet Left of Engineer's Station 504+14.89; Thence N 18° 19' 22" W, a distance of 342.91 feet to a point opposite and 218.44 feet Left of Engineer's Station 507+48.63; Thence N 02° 48' 54" W, a distance of 192.72 feet to a point opposite and 218.70 feet Left of Engineer's Station 509+38.06; Thence on the arc of a curve to the left, a radius of 175.91 feet, a central angle of 39° 41' 09", a distance of 121.85 feet (a chord bearing N 26° 43' 01" W, a distance of 119.43 feet) to a point opposite and 268.52 feet Left of Engineer's Station 510+44.54; Thence N 56° 47' 33" W, a distance of 124.02 feet to a point opposite and 370.26 feet Left of Engineer's Station 511+13.70; Thence on the arc of a curve to the right, a radius of 538.14 feet, a central angle of 15° 47' 56", a distance of 148.39 feet, (a chord bearing N 41° 39' 11" W, a distance of 147.92 feet) to a point opposite and 466.13 feet Left of Engineer's Station 512+21.91; Thence N 38° 55' 00" W. a distance of 140.84 feet to a point opposite and 131.73 feet Right of Engineer's Station 114+23.29; Thence N 85° 20' 50" W, a distance of 696.46 feet to a point opposite and 101.17 feet Right of Engineer's Station 107+23.79; Thence S 04° 39' 10" W, a distance of 5.00 feet to a point opposite and 106.17 feet Right of Engineer's Station 107+23.55; Thence N 85° 20' 50" W, a distance of 23.36 feet to the West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 105.07 feet Right of Engineer's Station 107+00.41; TEMPORARY COSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO 444A. ifttlItaNse- %\e/1.-4\1 n 1 r �-. j MA° NIY a 00 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GP 45 /Scale: 19=100' bate 08/17/2021 !Drawn by: CGG ! Sheet 4 of 5 EXHIBIT DESCRIPTION Thence N 00° 33' 58" W, along said West line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, a distance of 25.10 feet, also being opposite and 79.99 feet Right of Engineer's Station 106+99.29; Thence S 85° 20' 50" E, a distance of 1,170.38 feet to a point opposite and 116.03 feet Right of Engineer's Station 118+72.86; Thence S 21° 31' 30" E, a distance of 123.04 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence S 02° 22' 44" E, a distance of 261.72 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence S 03° 14' 56" E, a distance of 520.95 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence S 03° 17' 45" E, a distance of 142.54 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence S 02° 26' 36" E, a distance of 90.95 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence S 100 54' 41" E, a distance of 47.57 feet to the POINT OF BEGINNING; whence the point of commencement bears N 01° 00' 25" E, a distance of 1,245.06 feet. The above described temporary construction easement contains 230,551 sq. ft. (5.293 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "COOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY COSTRUCTION EASEMENT TCE-4 MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT I Project No: GR 45 S:af,: 1n=1001 ate: 08/17/2021 Drawn by: CGG Sheet 5 of 5 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Moro Farms Inc., a Colorado Corporation, (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNES SETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: Moro Farms Inc., a Colorado Corporation B Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 1 foregoing instrument was acknowledged fore me this 2,"Lday of Noah rt,ber, 29{ 9, by ,4 L - %MAT. as S la, h4- for Moro Farms Inc., a Colorado Corporation Witness my hand and official seal. E fit.. Notary Pub c CLILigt),, EXHIBIT W. LINE E1 /2, SE1 /4 S.20, T06N, R65W ROW -- 107+00' ROW yV0a' Cipt ti 151 a O- 4. STA: 1017+49 24' OFF. 81.55'R ROY./ STA: 107+96 16' OFF: 124.07'R 0 SE1 /4, SE1 /4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N. LINE NE1/4, N E1 /4 S.29, T06N, R65W 108+00- R0ve-_.149+00 110+00 111 0 Section Line`"— S85°20`50"E ROW n',vv 14.52 STA: 107+63 641 'STA: 109+92 52'11- OFF: 82.29'R + OFF 95.31'RI I S47°19'52"E N04°39'10' E 48.71' 30.00' S85°2O'54"E 191.01' N85°20`50"'w 204.46' TCE-4A = 2861 S.F.± STA: 108+00 10' OFF 114.27'R STA. '' 09+90.90' OFF: 125.27'RJ ROB:.. W.C.R. 66 Row.'ROW S85°20'50"E 10.00' ROW RHO STA- 110+02 58' OFF: 95 84'R P O.B. TCE-4A EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 112+00 N8S°36'35"W 1299.55' ROW S04°39'10"W 40.00' STA: 110+00 45' OFF: 135 79'R NE1/4, NE1 /4 S.29, T06N, R65W MORO FARMS INC. W. LINE E1 /2, NE1/4 S.29, T06N, R65W 100 200 PARC. 11080329000083 RECP.II 1713377 DEED, 3-11-1977 FEET CALL UTILITY NOTIFICATION CENTER OF COLORADO m;i1 CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVA it FOR THE MARKING OF UNDERGROUND MEMBER Mite P.O.C. NE. COR. SEC.29 113. FOUND 2-1/2" Row--- ALUMINUM CAP ROW---- 4 _ S89°55'21 "E 991.76' (to P.O.C.) TEMPORARY CONSTRUCTION EASEMENT TCE-4A MORO FARMS INC WELD COUNTY, COLORADO 861 d% WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1 "=100' ate: 08/17/2021 b Drawn by: CGG I Sheet 1 of 2 EXHIBIT 7- W. LINE E1 /2, SE1/4 S.20, 106N, R65W ROW- 107+00 { ROw 0 0 Row r--STA. 107+49 24' !OFF: 81.55'R Rows 108+00 RG I SE1 /4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, 106N, R65W ROW -__. 109+00 110+00 '111 Section Line S85'20'50"E ROW---�� Row RObv---...� KUW.R. 66 14.52' rSTA 107+63 64 ' STA: 109+-92 52' ,t _- 82.29'R 1 1 OFF: 95.31'R A: 107+96 16 OFF: 124 07'R TCE--4A = 2861 S.F. f 1t_ISTA. 108+00 10' _OFF: 114 27'R S47°19'52"E N04°39'101"E 48.71' 30.00' S85°20'50"E 191.01 N85°20'50"W 204.46' S. STA: 109+90 9o' OFF 125 27's Row— ROW----__ S85'20'50~E 10.00' -- EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 112+Q0 RG'. ROWS_ R O ROW ROW - Y N85°36'35.Iw 1299.55' ROw CALL UTILITY NOTIFICATION CENTER OF COLORADO CAL 2 -BUSINESS DAYS IN ADVANCE BEFORE vOV DIG GRADE OR E WCA:'ATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 113 FOUND 2-1/2" Ro I ALUMINUM CAP (ILLIGIBLE) Ro+N�_ STA 11C)+02 •:ci OFF: 95.84'R P 1").B. TCE-4A S04°39'10"W 40.00' -STA: 110+00 45' OFF: 135 79'R NE1/4, NE1/4 S.29, TO6N, R65W MORO FARMS INC. W. LINE E1/2, NE1/4 S.29, T06N, R65W 100 200 PARC. II 080329000083 RECP.# 1713377 DEED, 3-11-1977 FEET S89° 55'21 "E 991 76' (to P.O.C.) TEMPORARY CONSTRUCTION EASEMENT TCE-4A MORO FARMS INC WELD COUNTY, COLORADO ni A jai se" VI teirl "-1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: OR 45 Scale. 1 "=100' Date. 08/17/2021 jDrawn by: CGG I Sheet 1 of 2 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-4A, Weld County Project No. GR 45 containing 2861 sq. ft. (0.066 acres). more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West. of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the North line of said Northeast quarter of the Northeast quarter. a distance of 988.95 feet, thence S 04° 23' 25" W, perpendicular to said North line, a distance of 74.58 feet, and also being opposite and 95.84 feet Right of Engineer's Station 110+02.58 and the POINT OF BEGINNING; Thence S 04° 39' 10" W, a distance of 40.00 feet to a point opposite and 135/9 feet Right of Engineer's Station 110+00.45; Thence N 85° 20' 50" W, a distance of 204.46 feet to a point opposite and 124.07 feet Right of Engineer's Station 107+96.16; Thence N 46° 22' 32" W, a distance of 63.60 feet to a point opposite and 81.55 feet Right of Engineer's Station 107+49.24; Thence S 85° 20' 50" E, a distance of 14.52 feet to a point opposite and 82.29 feet Right of Engineer's Station 107+63.64; Thence S 47° 19' 52" E, a distance of 48.71 feet to a point opposite and 114.27 feet Right of Engineer's Station 108+00 10; Thence S 85° 20' 50" E, a distance of 191.01 feet to a point opposite and 125.27 feet Right of Engineer's Station 109+90.90; Thence N 04° 39' 10" E, a distance of 30.00 feet to a point opposite and 95.31 feet Right of Engineer's Station 109+92.52; Thence S 85° 20' 50" E, a distance of 10.00 feet to the POINT OF BEGINNING; whence the point of commencement bears S 89° 55' 21" E, a distance of 991.76 feet. The above described temporary construction easement contains 2861 sq. ft. (0.066 acres) more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-4A MORO FARMS INC WELD COUNTY, COLORADO Att3/4 110' itzbaaci6latu/e/gte WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 2 of 2 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 7:23 AM CTB Clayton Kimmi Permanent Easement for 2021-2911 PE-4.pdf Attached is the permanent easement for DCP that needs to be attached to the file 2021-2911. The easement does not need the Board's signature but it does need to be recorded. Please send me a copy of the recorded easement once it has been returned to you. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. &5 (Pte)(64/,-t-) 1 AOa1 -9 11 EA007q NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Moro Farms, Incorporated, a Colorado Corporation Attn: David Monson 35530 CE 43 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: NE1/4 of the NE1 /4, Section 29, Township 6 North, Range 65 West of the 6th P.M. Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and 4778047 Pages: 1 of 5 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII MOE riEWELIN Ni3 I iMIMI? I:ilk inn n other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. �WITN SS WHEREOF, Grantor has executed this instrument this day of r , 2021 signed, sealed, and delivered in the presence of: Cyiewsp& Moro Farms Inc., a Colorado Corporation ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD Before M the undersigned, a Notary Public in and for said County and State, on this day personally appeared,, J 4rj .L., Y'11VIt y. • - _, known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this l day of , AD. 2021. My commission expires: I Ji4 KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO 'OTARY ID 20144001937 UOMMISSION EXPIRES JANUARY 14, 2022 ,g4.„ 4778047 Pages: 2 of 5 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 5 II EXHIBIT ►_._ ROW--._ -7- W. LINE E1/2, SE1/4 S.20, T06N, R65W 107+00 I Section— "�- ROW EXISTING 40' I RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW-- Row ROW STA. 107+63 64' tOFF. 32.29'R N47°19'52"W 48.71' STA: 108+00 1 7 OFF. 114.27'R SE1/4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, T06N, R65W 109+00 _ 110+00 111+00 j Row W.C.R. 66 ROW S85°20'50"E 229.39' ROW N85°20'50"W 191.01' PE -4 = 6,306 S.F.+ ROW ---- {;O:': Row STA: 109+92 52' OFF 95.31'R PO.B PE4 112+00 ROW CALL LTIL TY NOT1FICAT'ON CENTER OF COLORADO CAL. 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Row N8S436'35"W 1299.55' ROW--- ROW ROW P.O.C. NE. COR. SEC.29 113- FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) SO4°39'10"W 30.00' -- STA: 4,09+90 90' OFF: 125 27'R NE1/4, NE1/4 S.29, T06N, R65W MORO FARMS INC. W. LINE E1/2, NE1/4 S.29, T06N, R65W o goo 11111C1InCS PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET 4 _ S89°52'37"E 1,001.72' (to P.O.C.) PERMANENT EASEMENT PEA MORO FARMS INC 4778047 Pages: 3 of 5 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIIIElPiallaill7ir'IL II I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT 'roject No: GR 45 ate: 08/17/2021 Drawn by. CGG Scale: 1"=100' Sheet 1 of 2 EXHIBIT Section Lin Row 7- W. LINE E1 /2, SE1/4 S.20, T06N, R65W s EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 107+00 108t00 -- I _ ROW N47° 19'52"W 48.71' STA. 107+63 64' OFF: 82.29'R STA: 103+00 10' OFF: 114 27'R SE1/4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 84 WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W 110+00 111+00 OWE_ ROW -f W.C.R. 66 - RO'N ROW S85°20'507 229.39' ROW GIN RO:L ROW (ILLIGIBLE) CALL UTILTY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAN'S IN ADVANCE BEFORE YOU DIG. GRACE OR EXCAVATE =OR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 112+00 113- FOUND 2-1/2" ALUMINUM CAP - ROW--+-- ROW- STA: 109+92 52' Row OFF: 95 31'R �P ^_B PE -4 N85°36'35"W 1299.55' ROW---., N85°20'50"W 191.01' -PE-4 - 6,306 S.F.± 504'39'10"W 30.00' \--STA: 109+90 90' OFF: 125 27'R NE1 /4, NE1/4 S.29, T06N, R65W MORO FARMS INC. W. LINE E1/2, NE1/4 S.29, T06N, R65W 100 PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET S89°52'37"E 1,001.72' (to P.O.C.) t v , et, G G U�RP to lc) 9/18/2021 a 1. 3354 Illb 11 • C� a PERMANENT EASEMENT PE -4 MORO FARMS INC .- .-. ..••••..I ter, A ran 4778047 Pages: 4 of 5 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ItV ti 1:11 1471: I Jill) I 1194 II hit k '11 III III A, .. -9' -A. V fi.„ WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1":=1001 I ate: 08/17/2021 Drawn by: CGG Sheet I of 2 EXHIBIT H DESCRIPTION A permanent easement of land, No. PE -4, Weld County Project No. GR 45 containing 6,306 sq. ft. (0.145 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian. in Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the North line of said Northeast quarter, a distance of 998.95 feet, thence S 04° 23' 25" W, perpendicular to said North line, a distance of 74.58 feet, and also being opposite and 95.31 feet Right of Engineer's Station 109+92.52 and the POINT OF BEGINNING; Thence S 04° 39' 10" W, a distance of 30.00 feet to a point opposite and 125.27 feet Right of Engineer's Station 109+90.90; Thence N 85° 20' 50" W, a distance of 191.01 feet to a point opposite and 114.27 feet Right of Engineer's Station 108+00.10; Thence N 47° 19' 52" W, a distance of 48.71 feet to a point opposite and 82.29 feet Right of Engineer's Station 107+63.64; Thence S 85° 20' 50" E, a distance of 229.39 feet to the POINT OF BEGINNING; whence the point of commencement bears S 89° 52' 37" E, a distance of 1,001/2 feet The above described permanent easement contains 6,306 sq. ft. (0.145 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORN (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT MORO FARMS INC 4778047 Pages: 5 of 5 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO couNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by CGG Sheet 2 of 2 MEMORANDUM TO: Esther Gesick, CTB DATE: March 29, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Permanent Drainage Easement for 2021-2911 On November 8, 2021, the BOCC signed a permanent drainage easement which was part of the ROW acquisition for the CR 66 and CR 41 intersection project. The drainage easement was originally part of document 2021-2911. The drainage easement was also recorded by the Clerk and Recorder under reception number 4778048. A review of the document by our design consultant in March 2022, found that one of the bearings used in the legal description was incorrect. As a result of needing to correct the legal description, the document needs to be resigned by the BOCC and needs to be re-recorded. Please place the corrected drainage easement on the BOCC consent agenda for their signature. I will attend the BOCC meeting to answer any questions the BOCC may have. `tom, Na'E ('e/r/. JOE � o4-o6_.?oao2. rt7T-P-47L4:9,0r. m, p a2c.24_�9// MEMORANDUM TO: Esther Gesick, CTB DATE: November 3, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Permanent Drainage Easement for 2021-2911 Please place the attached permanent drainage easement for the Moro Farm porperty known as PDE-4 on the consent agenda. The original docket number was 2021-2911. This acquisition is part of the CR 66 and CR 41 project. Lac- Pk(i(GK/E����� Page 1 of 1 M:\ —Active Projects\WCR 66 and WCR 41 Intersection\Design\ROW\Moro Farms\Purchase Agreement\Moro Farm Permanent Easement Memo to CTB for PDE- 4.docx Jfl5ex+ jex--)d-a. 12-01 -2-1 �0�1-�9t1 &0079 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 7:39 AM CTB Clayton Kimmi Permanent Drainage Easement for 2021-2911 PDE-4.pdf Attached is the permanent drainage easement that we had to acquire for the CR 66 and CR 41 project. The easement needs to be signed by the BOCC and then recorded. Please send me a copy of the recorded easement. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 EASEMENT AGREEMENT THIS GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT is executed this day of , 2021, between the MORO FARMS INCORPORATED, A COLORADO CORPORATION, 35530 CR43 Eaton, CO 80615 ("Grantor") and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado ("Grantee"). Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." 1. Grantor, for and in consideration in the amount of Ten dollars ($10.00) and the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its successors and assigns, a perpetual non-exclusive easement as particularly described in Exhibit, attached hereto and incorporated herein by this reference ("Easement"), for the purpose of constructing and maintaining a water conveyance structure, subject to the remaining terms and conditions stated herein. 2. Grantee requires use of the Easement in conjunction with its intersection improvement project generally located at County Road 41 and County Road 66 ("Project"). Grantee's primary use of the Easement is designed to avoid stormwater causing a rise in the floodplain of the Project area. Notwithstanding anything to the contrary stated herein, Grantee shall have the right to use Easement to effectuate that purpose. Grantee's rights to use the Easement shall include, but not be limited to, the following: a. The right to periodically remove the soil, sediment, and any other material or objects that Grantee determines create an obstruction to the flow of stormwater through the Easement. b. The right to construct water conveyance structure through the Easement. c. The right to maintain or repair the structure or replace the structure without limitation in Grantee's sole determination, subject to the terms and conditions stated herein. d. The right to convey an unlimited amount of stormwater through the Easement, subject to the condition that no such stormwater may e. The right to ingress and egress over and across the Easement forthe purpose of exercising the rights herein granted. f. The right to mark the location of the Easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said Easement. 3. Grantor reserves the right to use and occupy the Easement for any purpose consistent with the rights and privileges granted herein, including but not limited to, the right to convey stormwater and irrigation water through the Easement. Grantor shall not allow for the deposit of soil, sediment, material, or other objects in the Easement which could restrict the flow of Grantee's stormwater through the Easement, and shall be responsible for the removal of the same in the case that such deposit in the Easement occurs. 4. In the event any of the terms of this Easement are violated by a Party or by any person in privity with such Party, such violation shall be immediately corrected and eliminated upon receipt of notice from the non -violating Party, and if not corrected, the non -violating Party shall have the right to correct and eliminate such violation, and the violating Party, its successors and assigns, 4778048 Pages: 1 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �IIII���r�LN��I�h+.'I�I�I�Rk�s'�I�+'I��lil 11111 1 shall promptly pay the costs to correct said violation. If such violation is not corrected, the non - violating Party shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The non -violating Party reserves the right to do all acts necessary to immediately remedy any emergency or situation that may arise associated with or caused by the Easement. 5. The Grantee shall restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Project installed by Grantee, any damages caused on the Easement, including landscaping, reseeding, fences, or other improvements, arising out of the construction or reconstruction, repair, maintenance, replacement, inspection, survey or removal of the Project whenever same may occur. 6. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the Project is installed and completed as provided in paragraph 3 above, maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Easement herein granted, Grantee shall and all of Grantee's right, title and interest in the Easement shall revert to the then current owner of the property underlying the Easement. 7 The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 8. Grantee acknowledges that this Easement may be subject to existing easements or other property rights, recorded or otherwise, and that such easements or property rights have priority in right over the Easement granted herein. 9. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assigns. 10. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Grantor and the covenants and promises hereinabove made as Grantee. 11. The Parties hereto agree that this Easement shall be recorded at Grantee's sole expense in the office of the County Clerk and Recorder in which the Easement is located. IN WITNESS WHEREOF, the Parties hereto have executed this Perpetual Non -Exclusive Easement to be effective as of the date first -above written. [Signature pages follow] 4778048 Pages: 2 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 110 "III 2 GRANTOR : Moro Farms Incorporated, a Colorado Corporation � �Vyyff By: Title: ikap44 STATE OF COLORADO ) ss. COUNTY OF WELD ) Subscribed and a nowledged before me this2 �d day of token - , 2021, by 11 ;,,1.,, l {Wi , as of Moro Farms Incorporated, a Colorado Corporation. WITNESS my hand and official seal. My commission expires: 1(14 L.,3 um, alit -40) -k --- NO ARY PUBLIC KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 4778048 Pages: 3 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co 11111 3 GRANTEE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott K. James, Pro—Tem STATE OF COLORADO ) )ss. COUNTY OF WELD ) Subscribed and acknowledged before me this 8th day of November , 2021, by Scott K. James , Pro-Tem andAuthorized Agent of the Board of County Commissioners of Weld County. WITNESS my hand and official seal. My commission expires: 12/19/ 2022 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 4778048 Pages: 4 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NOTARY PU t IC, HER �� Li YNN HOFFMAN 4 0211 - 0291( VIII ragiiiiiiiiNIVFAs+r AINVI'M4K W Iti 11 II CALL UT:LITv NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NE1/4, NE1/4 S.29, T06N, R65W EXHIBIT SEE SHEET 2 N 18' 19'22"W 342.87' PDE-4 - 177,877 S.F.± PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC 4778048 Pages: 5 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III PAW ',IPA hl�L'M6�h10'bi��RFAPiI�'�C�1�4'�Wv� I III CoUN TY WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE E. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 NW1/4, /4, S.28, T06N, R65W S02°26'36"E 90.95' STA. 501+78 3 . OFF: 47 11'L OFF 38 71'L POB.PDE-4 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Cate: 08/17/2021 Drawn by: CGG Sheet 1 of 4 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, T06N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 Section Line ROW RObV1_"_ ROW STA: 511+32 80' OFF. 354.72'L NE1/4, NE1/4 S.29, T06N, R65W CA -L UTILITY NOTIFICATION CENTER OF COLORADO STA: 510+63 40' OFF: 252 41'L CALL 2-B:.SINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE ROR THE MARKING OF UNDERGROUND MEMBER UTILITIES EXHIBIT SE1 /4, SE1 /4 5.20, T06N, R65W 118+00 ROW 1.299.55' ROW------ ROW ROW ROW PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 PDE-4 = 177,877 S.F.± 2C0 FEET PERMANENT DRAINAGE EASEMENT . • It VMS 1 MORO FARMS INC .s% /\ /\ I I • 1 T \ / egit/\ 1 r. f \ A re. re STA: 511+94 42' OFF. 61.50'_ STA: 509+39 12'' 4778048 Pages: 6 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 193.711_ SEE SHEET 1 III rNINMMiii NOM,: PVAIMAI�4: Y4� iii �0UNTY z c 120+00 �2?+00 '- ROW EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4 S.28, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WC R 66 & 41 INTERSECTION PROJECT Project No: GR 45 ate 08/17/2021 Drawn by: CGG Sheet 2 of 4 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND UEUBER t1TIUnES NE1/4, NE1/4 S.29, T06N, R65W EXHIBIT SEE SHEET 2 N18°19'22"W 19'22"W 342.87' PDE-4 = 177,877 S.F.± PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 NO3°01'06"W 22537' 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC 4778048 Pages: 7 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii S00°22'25"E 84.38' couN WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 NW1/4, /4, S.28, TO6N, R65W STA: 504+ 42 67 OFF: 53 54'L S02°26'36"E 90.95' STA. 5C1+78 33' OFF 4711'L -STA: 501+31 34' 'OFF. 38 ?''L ROB PDE-4 WELD COUNTY DEPARTMENT OF PUBLIC WORKS 'NCR 66 & 41 INTERSECTION PROJECT 'roject No: GR 45 )ate: 08/17/2021 Drawn by CGG Sheet 1 of 4 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 40' - RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 Section Line Row Row STA: 511'-32 80 OFF: 354 72'L N5G°47'33"W 124.58' NE1/4, NE1/4 S.29, TO6N, R65W CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEUPS =_R UTtLfTlES EXHIBIT SE1/4, SE1/4 S.20, TO6N, R65W PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 PDE-4 - 177,877 S.F.± 200 FEET STA 509+39.12` J L' 71'L NO2°48'54"W 190.17' SEE SHEET 1 PERMANENT DRAINAGE EASEMENT MORO FARMS INC • a • r— 1 —• r\ I\ I . • I •T\ • /\ S % I I% r1 • r\ / . 4778048 Pages: 8 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County , CO �u�1rr�K�uo-�a�{�''alhitihi 4S�111R4�+ IJx� iii Row- ,ROVv Co P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) tY 121+00 ROW W.C.R. 66 Row E. LINE NE1/4, NE1/4 S.29, TO6N, R65W N01 °00'25"E 1,245.06' (to P.O.C.) WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1 /4 S.28, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT ar oject No: GR 45 ate 08/17/2021 Drawn by: EGG Sheet 2 of 4 EXHIBIT DESCRIPTION A permanent drainage easement of land, No. PDE-4, Weld County Project No. GR45 containing 177,877 sq. ft. (4.083 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent drainage 9 easement being more particularly described as follows: COMMENCING at the corner common to Sections 20. 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the East line of said Northeast quarter of the Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00 feet to the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said East line common to said Sections 28 and 29, and also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence S 00° 22' 12" E, along said West right of way line, a distance of 84.38 feet to the South line of said deed. recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 38.84 feet Left of Engineer's Station 500+46.77; Thence N 21° 47' 08" W, a distance of 154.70 feet to a point opposite and 94.77 feet Left of Engineer's Station 501+91.70; Thence N 03° 01' 06" W, a distance of 225.37 feet to a point opposite and 101.01 feet Left of Engineer's Station 504+18.76; Thence N 18° 19' 22" W, a distance of 342.87 feet to a point opposite and 193.42 feet Left of Engineer's Station 507+51.83; Thence N 02° 48' 54" W, a distance of 190.17 feet to a point opposite and 193.71 feet Left of Engineer's Station 509+39.12; Thence on the arc of a curve to the left, a radius of 200.91 feet, a central angle of 40° 36' 22", a distance of 142.39 feet (a chord bearing N 26° 54' 58" W, a distance of 139.43 feet) to a point opposite and 252.41 feet Left of Engineer's Station 510+63.40 Thence N 56° 47' 33" W, a distance of 124.58 feet to a point opposite and 354.72 feet Left of Engineer's Station 511+32.80; Thence on the arc of a curve to the right, a radius of 513.14 feet, a central angle of 29° 35' 44", a distance of 265.06 feet (a chord bearing N 343 34' 49" W. a distance of 262.12 feet) to a point opposite and 499.76 feet Left of Engineer's Station 513+46.44; Thence S 85° 20' 50" E, a distance of 396.68 feet to a point opposite and 104.85 feet Left of Engineer's Station 513+09.05; Thence S 21° 31' 30" E, a distance of 123.04 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence S 02° 22' 44" E, a distance of 261.72 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence S 03° 14' 56" E, a distance of 520.95 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence S 03° 17' 45" E, a distance of 142.54 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence S 02° 26' 36" E, a distance of 90.95 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence S 100 54' 41" E, a distance of 47.57 feet to the POINT OF BEGINNING; whence the point of commencement bears N 01° 00' 25" E, a distance of 1,245.06 feet. The above described permanent drainage easement contains 177,877 sq. ft. (4.083 acres), more or less. PERMANENT DRAINAGE EASEMENT PDE-4 MORO FARMS INC 1/1/M fl rill 'MTV rani no n nn 4778048 Pages: 9 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO et-itse C;O NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Date. 08/17/2021 Scale* 1"=100' Drawn by: CGG Sheet 3 of 4 III EV rarAlliii ICA *MINI! IVAJ liii EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT DRAINAGE EASEMENT PD E-4 MORO FARMS INC v;1/4.111/4 de6v et:e_ac C WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'roject No GR 45 Scale: 1"=100' 4778048 Pages: 10 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III 4Y4?), 111111 ate' 08/17/2021 Drawn by: CGG Sheet 4 of 4 MEMORANDUM TO: Esther Gesick, CTB DATE: November 3, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for 2021-2911 Please place the attached Acceptance of a Deed of Dedication for the Moro Farm ROW parcel known as RW-4 on the consent agenda. The original docket number was 2021-2911. This ROW acquisition is part of the CR 66 and CR 41 project. K 646/a t) Page l of 1 / I (/ Y/ ' M:\ —Active Projects\WCR 66 and WCR 41 Intersection \Design\ROW\Moro Farms chasee//Agreement\Moro Farm Deed of Dedication Acceptance Memo to CTB for RW-4.docx 0dI f /4 I /2 ( ( — M I I r� per'+ ,/-�.aer� -� GOO 1 9 t1 /OFS/o`'1 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 10:34 AM CTB Clayton Kimmi Deed of Dedication for 2021-2911 RW-2.pdf Here is the last file for now that needs to be added to 2021-2911. It is for the deed of dedication for the RW-2 parcel that we acquired from Moro Farms. The deed needs to be signed by the BOCC. It also needs to be recorded and added to the file. Please send me a copy of the recorded deed when you get it back. Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. F ton Kimmi <ckimmi@weldgov.com> Sent: Wednes• . ' •vember 3, 2021 7:53 AM To: CTB <CTB@co.weld.co.0 Cc: Clayton Kimmi <ckimmi@weldgov.co Subject: Permanent Easement for 2021-2911 Esther, Here is th - anent easement for the DCP easements that were obtained for the CR 66 and C' . • sect. The rmanent easement (PE -2) and the associated temporary construction easement (TCE-2A) are for the Moro arm 1 By y DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, madethi ay of 054.t.tvLber , 2021, between Moro Farms Incorporated, a Colorado corporation (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43 -2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral lea ses, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, exceptasrequired to sustain the integrity of the Public Highway. OR: Moro Farms Incorporated, a Colorado Corporation G. &Aso -1,v 4)res - Title STATE OF COLORADO ) ) ss. COUNTY OF WELD ) e o going instrument was acknowledged before me this 244 day of 0LI+'"' , 2021, by . 114041fik.(s ptiK. Wityess my hand ando ficialsea I. Notary Public ACCEPTANCE KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXAIRES JANUARY 14, 2022 The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication o f property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this 8th day of November ,2021. ATTEST: se j U. , BOARD OF COUNTY COMMISSIONERS �pl, Weld ou lerk to the : a d LD C I - Y, COLORADO By: *No Deed of Dedication is valid unti a {��+: p �: ' i Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4778049 Pages: 1 of 4 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NIFJA GIVIONI CI~ahl l tiR WIND' I Yid iI 01 ,02911 EXHIBIT CAL.. UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS JA IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIL TIES RO, 102+00 _ W.C.R. 66 0 Row MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1 /4, SE1/4 S.2O, TO6N, R65W N83°46' 56"E 79.76' .•, 103+00 Section Line 104+00 I-- 2299.55' ROW ROVII�—�. goy,/ N85°36'35"W 493.85' S. LINE SW1 /4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1 /4, NE1/4 S.29, TO6N, R65W 100 200 FEET RO W. LINE E1 /2, SE1 /4 S.20, TO6N, R65W STA. 103+9, 1, OFF 49.0- L RW-2 = 11,155 S.F.± S46°14'12"E 22.06' STA: 106+76 83' OFF: 50 39'L S87°32'14"E 278.29' ROW ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW- — Row 7 .l SE1 /4, SE1 /4 S.20, TO6N, R65W STA: 106+93 35' OFF: 35.72'L P.0.8. RW-2 S01 °33'13"E 21.44' STA: 106+94.70' OFF' 14.32'L �`- ROWirt eav96- N85°36'35"W *- 1299.55' ROW ROW- NE1 /4, NE1/4 S.29, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S83°47'40„E 1.304.51' (to P.O.C.) RIGHT OF WAY ACQUISITION RW-2 MORO FARMS INC 1AICI n fill IIAIT\/ nni nn A nn � ��185� r`�r. \Pin ISA 1 COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1 "=100' 4778049 Pages: 2 of 4 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO III h4�1RlI�GFh'1i4�11JY�4�JdU'�N+��P115K+�4Y��YkJ� 11111 Date 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT CALL UTILITY NOTIFICATION CEN-ER OF COLORADO ram CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Ro, 102+00 W.C.R. 66 0 F -A: 102+00.16' IOFP: 24.96'L N88°55'53"E 118.59' �I I ROW MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1/4, SE1/4 S.20, T06N, R65W 103+00 Section Line 104+00 1299.55' ---F ROvi Raw N85°36'35"W 493 85' S. LINE SW1/4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE NW1/4, NE1/4 S.29, TO6N, R65W 100 200 FEET RO', ROw W. LINE E1/2, SE1 /4 S.20, TO6N, R65W STA: 03+97.43' OFF- 49.01'L RW-2 2 = 11,155 S.F.± S46°14'12"E 22.06' STA- 106+76 83' OFF: 50 39'L S87°32'14"E 278.29' ROw ROW 106+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ti Row- Row SE1/4, SE1/4 S.20, TO6N, R65W r STA '06+93 35' OFF 35 72'L P O 6. RW-2 S01'33'13"E 21.44' N85°36'35"W -- 1299.55' ROw NE1/4, NE1/4 S.29, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S83'47'40„E 1.304.51' (to P.O.C.) RIGHT OF WAY ACQUISITION RW-2 MORO FARMS INC A r1 r\ ma.e.„0 x. _ 1861 A \\!;:I?) _ a1 COU� - v F. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: r=1001 4778049 Pages: 3 of 4 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County 1 CO iii EVAIIIaV4i4a'Ifi0' liii Date: 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A parcel of land, No. RW-2, Weld County Project No. GR 45 containing 11,155 sq. ft. (0.256 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85°36'35" W, along the South line of said Southeast quarter, a distance of 1,303.85 feet, thence N 04°23'25" E, perpendicular to said South section line, a distance of 41.33 feet to the East line of said West half of the Southeast quarter, and also being opposite and 35.72 feet Left of Engineer's Station 106+93.35 and being the POINT OF BEGINNING; Thence S 01° 33' 13" E, along said East line, a distance of 21.44 feet to the intersection with the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said South line, also being opposite and 14.32 feet Left of Engineer's Station 106+94.70 ; Thence N 85° 36' 35" W, along said North right of way line, a distance of 493.85 feet to a point opposite and 24.96 feet Left of Engineer's Station 102+00.16; Thence N 88° 55' 53" E, departing said North right of way line, a distance of 118.59 feet to a point opposite and 35.46 feet Left of Engineer's Station 103+18.57; Thence N 83° 46' 56" E, a distance of 7916 feet to a point opposite and 49.01 feet Left of Engineer's Station 103+97.43; Thence S 87° 32' 14" E, a distance of 278.29 feet to a point opposite and 50.39 feet Left of Engineer's Station 106+76.83; Thence S 46° 14' 12" E, a distance of 22.06 feet to the POINT OF BEGINNING; whence the point of commencement bears S. 83° 47' 40" E, a distance of 1,304.51 feet. The above described parcel contains 11,155 sq. ft. (0.256 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-2 MORO FARMS INC 4778049 Pages: 4 of 4 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO III PAM fiEMIRIfd Mrl:KITA III 101/4 c O WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 I Scale: 1"=100' ,Date: 08/17/2021 Drawn by: CGG Sheet 2 of 2 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 7:53 AM CTB Clayton Kimmi Permanent Easement for 2021-2911 PE-2.pdf Here is the permanent easement for the DCP easements that were obtained for the CR 66 and CR 41 project. The permanent easement (PE -2) and the associated temporary construction easement (TCE-2A) are for the Moro Farm property at the west end of the project. The easements need to be added to file 2021-2911. The easements also need to be recorded. The BOCC does not need to sign this document, Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. ()mood flyer. I I-3 -02Oa1 °1401e/J-110 11, -02-/ 12-0(-.2l 1 ac4!- a9 !I E66174 NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, Moro Farms, Incorporated, a Colorado Corporation Attn: David Monson 35530 CE 43 Eaton, CO 80615 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, Fifty (50) feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of thirty feet (30) feet in width, for the purpose of two pipelines, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing not more than two pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: NE1/4 of the NE1/4, Section 29, Township 6 North, Range 65 West of the 6th P.M. Said permanent non-exclusive pipeline easement being more particularly described on the Exhibits attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. Except for pipeline markers and cathodic protection leads, Grantor and Grantee agree that Grantee shall install no above -ground appurtenances unless such appurtenances are agreed to in advance by Grantor. Should Grantee discontinue the use of said pipelines for a period of twelve (12) consecutive months or remove said pipelines, this easement shall terminate and be of no further effect. Grantee agrees to execute and deliver to Grantor, her successors or assigns a proper release of the right-of-way granted herein if such discontinuance or removal occurs. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty- eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In excavating during Grantee's construction, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said lines. Notwithstanding any limitations to the contrary, Grantor retains the right to construct and maintain pipelines, utility lines, streets, sidewalks, driveways, and other infrastructural improvements which cross the subject easement at sufficient angle to avoid a continuous overlay along, and in the direction of, Grantee's pipelines. 4778030 Pages: 1 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 'WON, 1101 Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors, and assigns, shall hold Grantor, its successors, and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors, and assigns, as long as said easement is used for the purposes granted herein. IN WIT ESS WHEREOF, Grantor has executed this instrument this 2../0 day of %dl , 2021 signed, sealed, and delivered in the presence of: �, 01 43 D' l Moro Farms Inc., a Colorado Corporation ACKNOWLEDGEMENT STATE OF COLORADO ss. COUNTY OF WELD Before M the undersigned, a Notary Public in and for said County and State, on this day personally appeared 41 L \ st,M___ known o me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this2421 day of 6I1h ,r , A.D. 2021. My commission expires: 12:1 22 KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 4778050 Pages: 2 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII l���f �141PI� f �h�lrti'���hf �f��4�I�IV�4lf��rY4Hlti "Ill Notary Public N88°55'53"E 210.65' EXHIBIT MORO FARMS INC PARC.#080320000057 RECP.# 1713377, 03-11-1977 W. LINE E1/2, SE1/4 S.20, T06N, R65W SW1/4, SE1/4 S.20, T06N, R65W •STA. 103+97 43' OFF 49 01'L PE -2 = 15,561 S.F.± N83°46`56"E 80.68' S83'46'56"W 79.76' N87°32'13"W 256.93' R0VV- ROW 103+00 Section ROW - �_ e 04+00 05100 1299.55' "V---- S88°55'53'W 118.59' 200 FEET PERMANENT EASEMENT MORO FARMS INC 4778050 Pages : 3 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO vi rrt ,' t91/2�'I TI ��G�i �'R+�4i iii h VIII ROW 106+00 EXISTING 40' RIGHT-OF-WAY RD -8K 2, PG 77 JULY 7, 1876 S. LINE SW1/4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE NW1/4, /4, NE1/4 S.29, T06N, R65W 0 CfUN CALL UTILITY NOTIFICAT'ON CENTER OF COLORACO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S83°16'49„E 1,343.37' (to P.O.C.) SE1/4, SE1/4 S.20, T06N, R65W S47° 18'04"E r 46.44' NE1/4, NE1/4 5.29, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: OR 45 Date: 08/17/2021 EXHIBIT MORO FARMS INC OWE RON�� ROW�� Ri,t sv W. C.R. 66 Rot, ROW PARC. #080320000057 RECP.# 1713377, 03-11-1977 ROW Row SW1/4, SE1/4 S.20, T06N, R65W ROW PE -2 = 15,561 S.F.± STA: 101+04 28 OFF- 45.98'L N04°23'25"E 20.98' E7A: 101+04.281.—N OFF. 25.01'L N Row Section Line ROW 100+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE SW1/4, SE1/4 S.20, T06N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO usnamraWm Winsms CALL 2 -BUSINESS DAYS 'N ADVANCE BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 200 FEET i ROW`, Rti ROW 101+00 I. ROIN N85°36'35"W 95.85' STA. _103+14 39' OFF: 65 24'L STA: 103+18 571-\ OF 35.46'L N88°55'53"E 210.65' RO �- R0„ STA: 102+00.16' OFF: 24.96'L WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4, NE1/4 S.29, T06N, R65W t00 ROW S88°55'53"W 118.59' 0 VI 103+00 8 °36'35"W 1299.55' 0:4•••-•+- R0w-__ ROW - t --1 H Lu U) W 01 PERMANENT EASEMENT PE -2 MORO FARMS INC 4778050 Pages: 4 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III vi Y\t/ci 1I JN 1Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No GR 45 Date: 08/1712021 Scale: 1"=100' Drawn by' CGG Sheet 2 of 3 STA. 103+18 57 OFF 3A 461E N88°55'53"E 210.65' 102+ -f RO1'L EXHIBIT MORO FARMS INC PARC. #080320000057 RECP. # 1713377, 03-11-1977 SW1/4, SE1/4 S.20, TO6N, R65W W. LINE E1/2, SE1/4 S.20, T06N, R65W STA .1‘;439.$4,65$ OFF 78.96'L PE -2 = 15,561 S.F.± STA- 1 CI✓ x.33' OFF 80.61' S83°46`56"W 79.76' N87°32'13"W 256.93' ROW--�_ 103+00 Section n_ 04+ Rover---� RO.,;---� , �� RON�_ ROW X299.55' 05*00 S88°55'53"W 118.59' STA: 102+00.16' OFF: 24.96'L 200 - FEET PERMANENT EASEMENT ROW 106+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE SW1 /4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE NW1/4, /4, NE1/4 S.29, T06N, R65W MORO FARMS INC 4778050 Pages: 5 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III ECFAINYLKICIMPill'ilitill'IM I III G� CALL UTILITY N0TIFICATON CENTER OF COLORADO as an la — Cie ben vs ske CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) SE1 /4, SE1 /4 S.20, TO6N, R65W S47° 18'04"E tre 46.44' STA: 106+55 38 O'FC 50 50',_ P.C.B NE1/4, NE1/4 S.29, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'roject No GR 45 ate: 08/17/2021 Drawn by CGG Scale: 1"=100' Sheet 1 of 3 EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1 /4, SE1 /4 S.20, T06N, R65W ?OW ROW 0 ROWS_ R0;"J--� ROW------ ROW ROW Section Line ROW PE -2 = 15,561 S.F.± STA- 101+04 28' OFF : 45.98"L N04°23'25"E 20.98' STA 101+04 28' OFF: 2501 ROW - Row 100+00 EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE SW1/4, /4, SE1/4 S.20, T06N, R65W CAL. UTILITY NOTIFICATION CENTER OF COLORADO Callisenrada CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 100 ROW Row 101+00 -- I ROW N85°36'35"W 95.85' ROW WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4, NE1/4 S.29, T06N, R65W 200 FEET STA: 103+14 69'; OFF: 65 24'L_ STA'. •i it Y : _d C 35.46'L N88°55'53"E 210.65' ROWS.-, Ro: +00 S88°55'53"W 118.59' w I U) UJ U) ROW----- Rte, 103+0oN85°3'�6'3w 104 -- I 1299.55r _ ROW ROW PERMANENT EASEMENT PE -2 MORO FARMS INC 4a, Ae \ wi r,... v f . u CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roject No: GR 45 Scale: 1'4=100' 4778050 Pages: 6 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder Weld County CO 7,11V,1013. 11'4 Ilk II III ate: 08/17/2021 Drawn by: CGG Sheet 2 of 3 EXHIBIT DESCRIPTION A permanent easement, No. PE -2, Weld County Project No. GR 45 containing 15,561 sq. ft. (0.357 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 1,342.26 feet, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 54.60 feet and also being opposite and 50.50 feet Left of Engineer's Station 106+55.38, said point being the POINT OF BEGINNING; Thence N 87° 32' 13" W, a distance of 256.93 feet to a point opposite and 49.01 feet Left of Engineer's Station 103+97.43; Thence S 83° 46' 56" W, a distance of 79.76 feet to a point opposite and 35.46 feet Left of Engineer's Station 103+18.57; Thence S 88° 55' 53" W, a distance of 118.59 feet to the intersection with the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the said South line, also being opposite and 24.96 feet Left of Engineer's Station 102+00.16; Thence N 85° 36' 35" W, along said North right of way line, a distance of 95.85 feet, also being opposite and 25.01 feet Left of Engineer's Station 101 +04.28; Thence N 04° 23' 25" E, departing said North right of way line, a distance of 20.98 feet to a point opposite and 45.98 feet Left of Engineer's Station 101+04.28; Thence N 88' 55' 53" E, a distance of 210.65 feet to a point opposite and 65.24 feet Left of Engineer's Station 103+14.69; Thence N 83° 46' 56" E, a distance of 80.68 feet to a point opposite and 78.96 feet Left of Engineer's Station 103+94.65; Thence S 87° 32' 14" E, a distance of 223.75 feet to a point opposite and 80.61 feet Left of Engineer's Station 106+19.83; Thence S 47° 18' 04" E, a distance of 46.44 feet to the POINT OF BEGINNING; whence the point of commencement bears S . 83° 16' 49" E, a distance of 1,343.37 feet. The above described permanent easement contains 15,561 sq. ft. (0.357 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, S ixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P .M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT MORO FARMS INC ..._. — es. .. art.. .-.r%u rsn w r\rti 4778050 Pages: 7 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII FAT Iiii0Cfull:14411.13/41. Gouty WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No GR 45 Date: 08/17/2021 Drawn by CGG Scale: 1 "=100' Sheet 3 of 3 EXHIBIT MORO FARMS INC PARC.#080320000057 RECP.# 1713377, 03-11-1977 N86°00'29"E 213.38' N85°36'35"W 95.85' SW1/4, SE1 /4 S.20, T06N, R65W N83°46'56"E r _ 80.38' 103+00 W.C.R. 66 S88°55'53"W 118.59' S. LINE S W1 /4, SE1 /4 S.20, T06N, R65W W. LINE E1 /2, SE1 /4 S.20, T06N, R65W S46° 14'12"E 9.37' !STA: 106+84 53 OFF. T0.34'L ROUY� ROWS ROW-�_ 104+pp Roy'--- Row 05+00 100+00 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 !NTX. PLAN CENT'ERUNE N W1 /4, N E 1 /4 S.29, T06N, R65W 200 FEET TEMPORARY CONSTRUCITON EASEMENT MORO FARMS INC 4778050 Pages: 8 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO UI 1111 S83°46'56"W 79.76' ON TY N46°14'13"W 22.06' STA: 106+93 35'' OFF: 35 72'L P 0.B TCE-2A CALL UTILIre NOTIFICATION CENTER OF COLORADO ea an Shia aii.r.m.. CALL 2 -BUSINESS DAYS N ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTIL.TIES SE1 /4, SE1 /4 S.20, T06N, R65W S01 `33' 13"E 28.44' Section Line P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) S83°47'g0"E 1,304.51` (to P. O. C- ) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by CGG Sheet 1 of 2 EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 ISTA: 103+18 57' OFF: 35.46'L N86'00'29"E 213.38' SW1 /4, SE1 /4 S.20, T06N, R65W STA: 103+15. OFF. 55.31'L 103+00 W. C.R. 66 rte r. ot— S88°55'53"W 118.59' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW -I/4, NE1/4 1 /4 S.29, T06N, R65W 200 FEET TEMPORARY CONSTRUCITON EASEMENT MORO FARMS INC 4778050 Pages: 9 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII raallikall41111/2Cillial0 Yid Jil a W. LINE E1/2, SE1/4 S.20, T06N, R65W TCE-2A = 10,249 S.F.± S46° 14'12"E 9.37' 106+c0 ROW---- Row EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 STA: 106+76 83''. OFF: 50 39'4 N46°14'13"W 22.06' d0uN STA: 106+93 35' OFF: 35 72'L P.O B TCE-2A P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 883'47'40"E 1,304.51' (to P.O.C.) CALL UTILITY NOTIFICATION CEC-ER OF COLORADO - s see Won Cie SAM a de CALL 2-BJSINESS DAYS iN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SE1 /4, SE1 /4 S.20, T06N, R65W S01 °33'13"E 28.44' NE1/4, NE1/4 S.29, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 Sheet 1 of 2 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-2A, Weld County Project No. GR 45 containing 10,249 sq. ft. (0.235 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 1,303.85 feet, thence N 04° 23' 25" E, perpendicular to said South section line a distance of 41.33 feet, to the East line of said West half of the Southeast quarter of said Section 20, and also being opposite and 35.72 feet Left of Engineer's Station 106+93.35 also being the POINT OF BEGINNING; Thence N 46° 14' 13" W, a distance of 22.06 feet to a point opposite and 50.39 feet Left of Engineer's Station 106+76.83; Thence N 87° 32' 13" W, a distance of 278.29 feet to a point opposite and 49.01 feet Left of Engineer's Station 103+97.43; Thence S 83° 46' 56" W, a distance of 79.76 feet to a point opposite and 35.46 feet Left of Engineer's Station 103+18.57; Thence S 88° 55' 53" W, a distance of 118.59 feet to the intersection with the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of the said South line, also being opposite and 24.96 feet Left of Engineer's Station 102+00.16; Thence N 85° 36' 35" W, along said North right of way line, a distance of 95.85 feet to a point opposite and 25.01 feet Left of Engineer's Station 101+04.28; Thence N 86° 00' 29" E, a distance of 213.38 feet to a point opposite and 55.31 feet Left of Engineer's Station 103+15.98; Thence N 83° 46' 56" E, a distance of 80.38 feet to a point opposite and 68.98 feet Left of Engineer's Station 103+95.58; Thence S 87° 32' 14" E, a distance of 287.35 feet to a point opposite and 70.34 feet Left of Engineer's Station 106+84.53; Thence S 46° 14' 12" E, a distance of 9.37 feet to a point opposite and 64.11 feet Left of Engineer's Station 106+91.56; Thence S 01' 33' 13" E, a distance of 28.44 feet to the POINT OF BEGINNING; whence the point of commencement bears S 83° 47' 40" E, a distance of 1,304.51 feet. The above described temporary construction easement contains 10,249 sq. ft. (0.235 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-2A MORO FARMS INC WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 111=100' 4778050 Pages: 10 of 10 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III NJ�INRI4�� �1��I4SNIZIi K+ Il'lLPSS�I�GY�IV AY4� ui Date: 08/17/2021 :Drawn by. CGG Sheet 2 of 2 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Wednesday, November 3, 2021 7:56 AM CTB Clayton Kimmi Temporary Construction Easement for 2021-2911 TCE-2.pdf Attached is the temporary construction easement (TCE-2) for the CR 66 and CR 41 project. This easement needs to be added to file 2021-2911. It does not need to be recorded and it does not need to be signed by the Board. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. e,(311se,A1 Ayilek II-B-:72oz4 1 atal-a9/1 66 0079 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Moro Farms Inc., (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNES SETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. GRANTOR: Moro F s Incorporated, a Colorado corporation By: Olti15 Title: Q,re,s xata.,,k STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoin instrument was acknowledged before me this Ad- day of � r ilia v , byA,. V\Apt6SIN. as -B1t6b1-tA1ln of Moro Farms Incorporated, a Colorado Corporation. Witness my hand and official seal. KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1 /4, SE1 /4 S.20, T06N, R65W W. LINE E1 /2, SE1 /4 S.20, T06N, R65W TCE-2 = 5,676 S.F.± S88°55'53"W 210.65' S83'46'56"W ROW�� ROW 80.68' 102+00 Section Line 103+00ROW tom■, � ._,.., z:..�._ 104+00 yrt. C• • � R 66 Vr•��. s♦r .. ROW- ----- R{: ; ; WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 20C FEET TEMPORARY CONSTRUCTION EASEMENT MORO FARMS INC WELD COUNTY, COLORADO 05+00 106+00 1299.5S` EXISTING 40' RIGHT -OF --WAY RD-BK 2, PG 77 JULY 7, 1876 N W1 /4, NE1/4 S.29, T06N, R65W R C W R N87°32'14"W 13.79' CAL UTILITY NOTIF'CATION CENTER OF COLORADO ono anOstia Cid Saw -a CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SE1 /4, SE1 /4 S.20, T06N, R65W ISTA: 106+23 58 OFF 90 60'L S46°14'12"E 60.61' NE1/4, NE1/4 5.29, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No GR 45 Date: 08/17/2021 Drawn by: CGG Sheet 1 of 3 EXHIBIT MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 ROsN ROW _ Section Line IW 0 ROW ROW 100 SW1 /4, SE1 /4 S.20, TO6N, R65W TCE-2 5,676 S.F.± STA: 101+04 29'' .�. F F: 55.33' N04°23'25"E 10.05' STA: 101+04 28' OFF: 45.98'L R 10 ROW- ROW -- 200 FEET ROtN Row EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 N W1 /4, NE1 /4 S.29, TO6N, R65W ISTA: 103+13 39' OFF. 75.16'L N88°55'53"E 209.25' STA: 103+93 72' OFF: 88.95'L STA- 103+9465'i O F F 78.96'L N83°46'56"E 80.99' /1/7/17//7/7/7/74, S88'55'53"W 210.65' ROY RQw- — ROW- Row ROw---_ _ ,......101+00 N85°36135 "w 102+0Q - t ` 1299.55' 4-4. / S83°46'56"W 80.68' h. ROtiU- RO'yV--- RO pp 10+0Q 104+00 ROW- W.C.R. 66 LSTA- 103+14 69' CFI= -35.24``_ S. LINE SW1/4, SE1 /4 S.20, T06N, R65W . e CALL UTILITY NOTIFICATION CENTER OF COLORADO alballOPS Wais CA -L 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND 141►t$ER UTILITIES i SEE SHEET WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 !NIX. PLAN CENTERLINE TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO COUNTY �0 0 O ,-e G G itz. fi rt.) 9018 2021 ,,'' nn 33 4 Nee ele Now Ns es' L A WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG I Sheet 2 of 3 EXHIBIT Row STA: 103+13 39' 0.• 75 16'L STA: 103+93 72' OFF: 88 95'L STA 103+94 65' OFF: 78-96'L N88°55'53"E 209.25' N83°46'56"E 80.99' VV///./////7//77/7/Z' S88°55'53"W 210.65' LU Row MORO FARMS INC S83 46 56 W 80.68' 702+00 Section Line ROw Raw _. f- 103+00 _ 104+00 1Ar C. R. t RaW'�"'"'�*� e wY.�• 66 Ro 100 "STA 103+14 69' OFF 75.24'L S. LINE SW1/4, SE1/4 S.20, T06N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. TX. PLAN CENTERLINE 200 FEET PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1/4, SE1/4 S.20, T06N, R65W W. UNE E1/2, SE1/4 S.20, TO6N, R65W TCE-2 = 5,676 S.F.± S `A, 106+19 . 83' OFF: 80 611 S87°32'14"E 228.22' -\\ N87°32'14"W 223.75' N47°18'04"W 46.44' 05+ 106+00 1299.55' STA: 11 6-r55 38' _ OFF 50 50'i Row---.---- Row EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 N W1 /4, NE1/4 1 /4 S.29, T06N, R65W ROW Ro N87°32'14"W 13.79' Y • ZI SE1/4, SE1/4 S.20, 106N, R65W TA 1O6.4- 2 ; L v vU S46° 14' 12"E 60.61' STA: 106+69 -227 OFF- 50 44'L F O.B. TCE-2 107+00 A CALL UTILITY NOTIFICATION CENTER OF COLORADO entsta Cid Wye pea CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) ROW 108+00 N85°36'35"W -�-- 1299.55' ROVV- ROW - NE1/4, NE1/4 S.29, T06N, R65W `83y 14110..E 1.329.62 (toPOC) t TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO St. -t= SHtt Zkaled; 4 .. CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT 'Project No: GR 45 Scale: 1 "=100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 3 EXHIBIT DW MORO FARMS INC PARC. #080320000057 RECP.# 1713377, 03-11-1977 SW1 /4, SE1 /4 S.20, TO6N, R65W TCE-2 = 5,676 S.F.± ST.A. 1 • +04.29' OFF: 56 03.1._ N04°23'25"E 10.05' STA. 1°1+04 28' Rower_ Row---__ OFF: 45.98. Section Line Rove—�_ Rows----. R. _Line Row... Row., Row-, --_ �� 00 vs, --- 101+Op�J$5°36'35uw �s 1�Ro,n' � 102+Qfl Row- RQ , 1299.55' --+ ----• ROW—, ROY .._.._. ROWS. 0 Row----- ROW----- ROW 100 Ell Ell Ile 200 FEET EXISTING 40' RIGHT-OF-WAY RD -6K 2, PG 77 JULY 7, 1876 N W1 /4, N E1 /4 5.29, TO6N, R65W rTl i OFF. L N88°55'53'E 209.25' SKY55'53"VFW 210.65' ROLE; I Y STA: 103+93 72'h OFF: 88 95'L NS3°46'56"E 80 991 L i S83°46'56"W 80.68' i I CALL UTILITY NOTIFICATION CENTER OF COLORADO se an SON aarr+was CALL 2 -BUSINESS DAYS IN ADVANCE EFORE YOU 01G .,RADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES H w LU Lu L) Row 103+00 __. 104+00 I W.C.R. 66 S. LINE SW1/4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE ROMi TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO COUN" WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66 &41 INTERSECTION PROJECT Project No: G R 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 2 of 3 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-2, Weld County Project No. GR 45 containing 5,676 sq. ft. (0.130 acres), more or less, being a portion of land described in a deed, recorded on March 11th , 1977, at Reception Number 1713377 in the office of the Weld County Recorder, located in the West half of the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary construction easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 1,328.48 feet, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 55.07 feet, also being opposite and 50.44 feet Left of Engineer's Station 106+69.22 and also being the POINT OF BEGINNING; Thence N 87° 32' 14" W, a distance of 13.79 feet to a point opposite and 50.50 feet Left of Engineer's Station 106+55.38; Thence N 47O 18' 04" W, a distance of 46.44 feet to a point opposite and 80.61 feet Left of Engineer's Station 106+19.83; Thence N 870 37 14" W, a distance of 223.75 feet to a point opposite and 78.96 feet Left of Engineer's Station 103+94.65; Thence S 83° 46' 56" W, a distance of 80.68 feet to a point opposite and 65.24 feet Left of Engineer's Station 103+14.69; Thence S 88° 55' 53" W, a distance of 210.65 feet to a point opposite and 45.98 feet Left of Engineer's Station 101+04.28; Thence N 04° 23' 25" E, a cistance of 10.05 feet to a point opposite and 56.03 feet Left of Engineer's Station 101+04.29; Thence N 88° 55' 53" E, a distance of 209.25 feet to a point opposite and 75.16 feet Left of Engineer's Station 103+13.39; Thence N 83° 46' 56" E, a cistance of 80.99 feet to a point opposite and 88.95 feet Left of Engineer's Station 103+93.72; Thence S 87° 32' 14" E, a distance of 228.22 feet to a point opposite and 90.60 feet Left of Engineer's Station 106+23.58; Thence S 46° 14' 12" E, a distance of 60.61 feet to the POINT OF BEGINNING; whence the point of commencement bears S. 83° 14' 10" E, a distance of 1,329.62 feet. The above described temporary construction easement contains 5,676 sq. ft. (0.130 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 TEMPORARY CONSTRUCTION EASEMENT TCE-2 MORO FARMS INC WELD COUNTY, COLORADO COUNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 (Scale: 1"=100' Date: 08/17/2021 (Drawn by: CGG (Sheet 3 of 3 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Friday, November 5, 2021 7:16 AM CTB Clayton Kimmi Permanent Easement for 2021-2911 Amended and Restated_PE-4B.pdf Here is the permanent easement for the Bliss Ditch that was obtained for the CR 66 and CR 41 project. The permanent easement (PE -4B) is for the Moro Farm property at the east end of the project. The easement needs to be added to file 2021-2911. The BOCC does not need to sign this document. The easement also need to be recorded. Please send me a copy of the recorded document when it is returned to you. Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Cnen+ A : Pke� Titt) '7g /i/jo/ -1 l2(/ot/2( oo- aq E6ocric AMENDED AND RESTATED IRRIGATION EASEMENT Tj�This ded nd R`etated Quit Claim Deed ("Restated Easement") is entered into as of this it/ day of 2031 by and between Moro Farms Incorporated, a Colorado Corporation ("Grantor") and Bliss Lateral Company, whose address is CIO 796 North Balsam Ave., Greeley, CO 80631 (the "Company"). RECITALS A. The Company and is the owner of an easement granted to The Bliss Lateral Company by instrument entitled "Quit Claim Deed," dated November 12, 1907, executed by B.S Hill, President of the McCall Drain and Irrigation Company and recorded in Reception Number 123774, of the real property records of Weld County, Colorado (the "Existing Easement.") B. Grantor owns certain property in Weld County, Colorado described on Exhibit A attached hereto and incorporated by this reference (the "Grantor Parcel"). C. Grantor and the Company desire to amend and restate the Existing Easement, but only insofar as it affects the Grantor Parcel. NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which is hereby acknowledged, Grantor grants, bargains, sells, conveys and confirms to the Company, its successors and assigns, a perpetual non-exclusive easement for the transmission or distribution irrigation water (the "Easement") over, under, through and across the following described premises located in the County of Weld, State of Colorado (the "Easement Area"), to -wit: DESCRIBED ON EXHIBIT B-1 PERMANENT EASEMENT ATTACHED HERETO AND INCORPORATED BY THIS REFERENCE Together with the full right and authority in the Company, its successors, licensees, contractors, or assigns, and its and their agents and employees to (1) enter the Easement Area at all times to survey, mark and sign the Easement Area or the Facilities (as defined below); (2) access, construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect, improve, enlarge, and maintain irrigation water pipeline, with necessary and proper manholes, guardrails, fences, and other appurtenances and devices used or useful in connection therewith (collectively the "Facilities"); (3) remove objects interfering with the Facilities or the exercise of the Company's rights hereunder; and (4) use and have reasonable ingress and egress along and across the Easement Area for personnel, equipment and vehicles. Grantor agrees not to perform any act that will impair the structural integrity of, interfere with, or endanger said Facilities. Without limiting the foregoing, Grantor shall not, without the prior written approval of the Company, alter the existing ground elevations or change the compaction of the soil on the Easement Area. No temporary or permanent buildings, structures (including without limitation trailers or mobile homes), signs, or wells shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other objects shall be erected, placed, or permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the prior written approval of the Company, build, create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary, nor allow the impoundment of water on the Easement Area. Any of the improvements or structures described in this paragraph may be hereinafter called "Improvements". 4778051 Pages: 1 of 11 11/19/2021 12:41 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 11111 aD .-O2?// Amended and Restated Easement Page 2 of 11 written approval of the Company, build, create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary, nor allow the impoundment of water on the Easement Area. Any of the improvements or structures described in this paragraph may be hereinafter called "Improvements". No failure by the Company to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Company to such Improvements. In addition, no such failure by the Company to remove or otherwise object to such Improvements shall be deemed a waiver of the Company's right to remove any such Improvements without further notice or compensation to Grantor. No waiver by the Company of any provision hereof, nor any approval of the Company required herein, shall be deemed to have been made unless made in writing and signed by an authorized representative of the Company. Non-use or a limited use of the Easement Area shall not prevent the Company from thereafter making use of the Easement Area to the full extent herein authorized. Following completion of construction or renovation of its Facilities on the Easement Area, the Company shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable, taking into account, among other things, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations on structures, trees, shrubs, and other objects. No amendment, modification or supplement of this Easement shall be binding on the Company unless made in writing and executed by an authorized representative of the Company (or its successor or assign, if applicable). The provisions of this Easement shall run with the land and shall be binding on and burden the Easement Area and shall be binding on and shall inure to the benefit of all persons claiming an interest in the Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and the Company. "Grantor" shall include the singular, plural, feminine, masculine and neuter. Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to sell, transfer, convey and grant the easement and rights contained in this Easement. This grant is binding on Grantor, is not conditioned upon obtaining the consent of any third party, and is not subject to any mortgages or liens, except those for which Grantor has provided the Company with a consent and subordination agreement, executed by such mortgagee or lien holder and attached hereto. This Easement incorporates all agreements and stipulations between Grantor and the Company as to the subject matter of this Easement and no prior representations or statements, verbal or written, shall modify, supplement or change the terms of this Easement. The title of this document is inserted for convenience only and does not define or limit the rights granted pursuant to this Easement. This Easement consists of the document entitled "Quit Claim Deed" and an Exhibit containing a legal description and a sketch depicting the legal description if referenced above or attached hereto, and if attached hereto, a Consent and Subordination. No other exhibit, addendum, schedule or other attachment (collectively "Addendum") is authorized by the Company, and no Addendum shall be effective and binding upon the Company unless separately executed by an authorized representative of the Company. This Restated Easement is intended to amend, replace and restate all of the terms, provisions and conditions of the Existing Easement insofar as it affects the Grantor Parcel, which is hereby confirmed and ratified as amended, replaced and restated. In the event of an express conflict between this Restated Easement and the Existing Easement, insofar as it affects the Grantor Parcel, the terms of this Restated Q,\HORROCKS\C167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement_Draft 8-30-21.doc Amended and Restated Easement Page 3 of 11 Easement will control. Without limiting the generality of the foregoing, (a) the Existing Easement shall no longer encumber any portion of Grantor Parcel which is outside the boundaries of the Easement Area Signed and delivered this 2 Al day of , 20 GRANT 1ft: M9R0 FA MS INCORPORATED BY: t` O012 litraCIO STATE OF 1, )ss COUNTY OF1Q ♦ The f rego'n instrument acirnowled ed before me this n`� day of i , 20 " by L. as of the prt> r S 11 rt i tor. O_,. C J Jam_ U -= 61 m�4 - n O OeL.ee mu' ° cetk tom EL NOS N InNo a0r). N- L Witness my hand and official seal. My Commission Expires: I ;*IA Signatures Continue on Following Page Q:\HORROCKS\C167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement_Draft_ 8-30-21.doc Amended and Restated Easement Page 4 of 11 BLISS LATERAL COMPANY By: Its: nes Koehler President STATE OF COLORADO ) )ss COUNTY OF WELD attl Hungenberg Its: ASecretary The foregoing instrument was acknowledged before me thir'� day of,ll�tr; 2021 by of Bliss Lateral Company. and Witness my hand and official seal. Notary Public My commission expires: ! LA \22.— KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ►0 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 D:\C167-1\BLISS- NEW MCCALL DRAINAGE\Amended and Restated Irrigation Ditch Easement_.doc Amended and Restated Easement Page 5 of 11 EXHIBIT A 4 'my of •, .4 RHs .. qr fi f«sn l.. Kr MA, t4r /rrI pnr, /isr 2,14 Sn ,.eyy(.3e,APpes .At PI, I mstas rr. at, M. / errit.&fr..fr.11 teu* M. vN.tµ'Ll:F 001$ {HK :ez1^,sq,l"'M Mete 4".Of.clR k.It9. Q:\HORROCKS\C167-1\MORO FARMS\OFFER\.Amended and Restated Irrigation Ditch Easement Draft-_ 8-30-21.doc Amended and Restated Easement Page 6 of 11 EXHIBIT B-1 EXHIBIT o v-. O 9L® 03 #9' L @.23)= o 4 L ILO - Of —eed— a No H m N a 16— IfflN®.1 ®7-Y irti °I P e..1L a, RS' NE1/4, NE1/4 5,29, TO6N, R65W MORO F S PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 1+81.0 1,84505 (to P.O.C.) 2 EXISTING 60' RICHT—OF—WAY RD—BK I, PG 258 APRIL B, 1874 NIO'14'SB'W 521:99 E. LINE NEI /4,^-. NE1 /4 5.29, TU6N, R6 5W wELD COUNTY ROAD 68 & WELD COUNTY ROAD 41 INTX, PLAN CENTERLINE PE -48 24,023 5.F•t S tA: 584+12,6+•7' , PPP;. .T4'L, \ Na3'17'45'w 142.41' OFF: 67791.1 14021636W rSTA'Z1�6: _ OFF: 68.5 M18'8k41'W 131.05.- FEET 165'831871 3.18' PERMANENT EASEMENT PE.48 MORO FARMS INC WELD COUNTY. COLORADO —P.O.C. NE• COR. SEC,29 FOUND 2-1/2" ALUMINUM CAP (I LLICIBLE) NW1/4, NWI/4 5.25, TORN, R65W 1 51W1T45EE 14254' STA $72+7-.9 Q OFF 44.2C'L 582"26.46-E �1154'41"E 47.57- WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR668,41 P4TERSEC110N PROJECT Pralect Na: C•F145 5544 9 b100' adat 5(O7/2021 Drawn by caa FB,Get 1 or 4 Q:\HORROCKS\C167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement Draft 8-30-21.doc Amended and Restated Easement Page 7 of 1 1 EXHIBIT SE1 /4, SEI /4 S.20, TOSN, R65W 114400 916000 11.40 117+00 mer- . r�� �.-C...e._ STrzlif-a War - Rte_ .�WELD COUNTY ROAD I . 66 & WELD COUNTY / ROAD 41 INTX. PLAN CENTERU N E EXIST1NC 40. NICHT-OF-WAY RD -8K 2. PG 77 JULY 7, 1876 NE1/4, NE1/4 S, 29, T56N, R65W MORO FARMS INC. PARC.#080329000083 RECP.# 1713377 DEED, 3-11-1977 PERMANENT EASEMENT NT PE -48 MORO FARMS INC WELD COUNTY. COLORADO -N. LINE NE1/4, Jn NEI /4 To6N, R65W 111/10011000. S85'2sr5rE 4G'. 1428.4.1157M 138,66' f.sTA.Si 4442.. ,.,,,..OFF 61 :! T; 011,7:' OFF: 0L EXISTING 60' RIGHT—OF—WAY RD -6K 1, PG 269 APRIL 6, 1674 1407221641N 268,74`-- 802427447 261.77 PE— 46 = --- 24,023 5 F.± WELD COUNTY ROAD -- 66 & WELD COUNTY ROAD 41 INTX, PLAN CENTERLINE ............................. car: N33'14'b611Y 52 SW /4, SWI /4 5 21, TOGN, R65W t'.0. C. NE, COR, 5E0,29 FOUND 2-1/2" ALUMINUM CAS? (ILLIGIBLE) E. LINE NE1 /4 NE1/4 S.29, TL6N, R65W NW1/4, Nt1.1,14 S. ti3, TOO"!, R65* 1401 e: --1 Ow P.O.C.) WELD COUNTY DEPARTMENT OF PUBLIC WORKS VCR66 141 PROJECT 4,relectNo: 424.145 a* V-1CO' aAtti 0&17?)021 €7rawl by: C93 greet 2 of 4 Q:\HORROCKS\C167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement_gDraft— 8-30-21.doc Amended and Restated Easement Page 8 of 11 EXHIBIT NO1 Ur25 E 1,2.15 08 ( P.o c.l EXISTING 60' RIGHT—OF—WAY RD -8K 1, PG 258 APRIL 6, 1874 521.88'. E. LINE NEI/4, --- N E"1/4 /4 S29, TO4N, R65W YIELD COUNTY ROAD Sts & MELD COUNTY ROAD 41 INTX. PLAN CENTERLINE PE -48 = 24,023 S,F>t T'�z:::sLa€3 52.E7" a...Off, 53.641 MORO FA S INC. PARC. # 080329000Q83 RECP.# 1713377 DEED, 3-11-1977 194 MORO FARMS COLORADO WELD COUNTY, ZEE ■ FEET NE1/4, NE1/4 S.20, TUN, 56514 PiuNe NIX an 46 --- P.O. C. NE. COR. SEC.28 FOUND 2-1/2" ALUMINUM CAP (ILLIGlELE) NW1/4, Nat/4 S. 28, TORN, R65W W5441T 4T.ST YYCR 66641 O,i# Dowel by: 00G T 4=4.4•..1 Met 1 0l 4 Q:\HORROCKS\C167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement Draft 8-30-21.doc Amended and Restated Easement Page 9 of 11 SE1 /4, SE1 /4 5.20, THEN, R6514 EXHIBIT - nix COUNTY ROAD m- ` 66 & VELD COUNTY ROAD 4i'INT , PLAN CENTERUME N. UNE NE1/4, NEI/4 S.29, TO6N, R65W=' VIA 4 EXISTING 40'—I: OFP: RIGHT OF—wAY RD -8K 2, PG 77 JULY 7, 1876 E(ISrING 60' RIGHT—OF—WAY RD-DK 1, PG 25d APRIL 6, 1674 PARC.#080329000033 RECP.# 1713377 DEED, 3-11-1977 Fi �T MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY ROAD 66 a WELD COUNTY ROAD 41 INrX, PLAN CENTERUNE SEE SHEET 1 5V/4, WI, 4 TO6N, R65W :e E. COR, SE:,D FOUND 2-1/2' ALUNINUM CAP (ILLIGIBLE) E. UNE O/4 NE1/4 5.2g, T06N, R65W ,,NWI /4. 1'11'1 /4 5.26, T136N, RG5W NO1 were 4,1,245.05 ('O P.O.C.) 'NCR 66441 NTERSECT1CN PROJECT 1ti11rtf Q:\HORROCKS\C167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement_Draft8-30-21.doc Amended and Restated Easement Page 10 of 11 EXHIBIT DESCRIPTION A permanent eserne"t o' far d. N FE -49„ Weld County Project No. GR 45 containing 24,023 sq ft, 1°.552 acres), more or i ss,. being portion of land described in a deed. recorded on March t 1h. 1977 at Reception Number 17 t 3377 In the office c.' the Weld County Recorder. located Pie Norttteasa quarter of the Northeast a Section 29„ Township 0d tikorth, Range 65 West, of the al Principal Menlo n, in Weld Cooney, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Princpal Meridian. hence S 03' 22''2 ' E, along the East line of said Northeast quarmr, a distance of 1,24•4„70 feet, thence $Q' 37 35' W. perpendicular to said East le,e. a distance of 30.00 feel to to a point on the West right of way line for '.Weld County Road 41as desc'- ed Jr1 R.gftt afWay Road Book 1, Page 258. recorded April 6. 1$'76 being e0 feet in width, 30 feet on both sides of sac Fast tune. and. *so being opposite and 38.71 feet Left of Engineers Static-? 591.31.34 and the POINT OF BEGINNING; Thence .1.,00* 22 255" E, along sad West sight of way line, a distance of 84.3E feet to the South It of said deed recorded on March 11"', 1977 at Reception Number 1713377, aaso being opposite and 38.84 feet Len of Engineer's Station 500+46.77. Thence N 85' 33416' W, along said South line, a distance of 3 18 feet to a point opposite and 42.01 feet Left of Engineers Station 500+47.04; Thence N 10" 54'41' W, departing said 'South line, a Orslance of 131.05 feet to a point opposite and 65.56 feet Left of Engineer's Station 501+78..44: Thence N 02' 28' 36' W, a distance o'82... I $ feet to a point opposite and 87.79 feet Left of Engineer's Static- 502+@9,06; grace N 03' f7'45' trtf, adisance e' 142.41 feet to a point opposite and 72,03 feet Left of Engineer's Staten 5x04+12.23: N 03' 14' 56' W. a distance of 521.09 feet to a point opposite and n.05 feet Left of Engineer's Station 508+33.78; N 02' 22'44' W, a distance of 259.74 feet to a point opposite and 78.93 feet Left of Engineers Station 511+90,82, 3' 43' 57' W. a distance of 135,56 feet to a point opposite and 144 67 feet Lett a' Engineetrs Staton 513+12.x; Cr 50" E, a distance of 40.00 feet to a point opposite and 144.65 feet Lea of Engineer's Stadion 513+09.05; 0'"E, a distance of 123,04 feet to a point opposite and 81.50 feet Left of E-gineefs Stator 5511+04.42 4" E, a distance of 261.72 feet to a ?Oil opposite and 5$.55 feet Leff of Engineer's Station 509+33.95', 14 58" E, a distance of 520.86 feet to a paint cpposhe and 53.54 feet Left of Engineers Station 5O4+12.67: IT 4'' 5, a distance of 142,54 feet to a point opposite and 49.30 feet Left of Engineer's Station 5x32+60.80; 20 36" E. a distance of 9085 fleet to a point opposite and 47,11 feet Left of Engineer's Seaton 501+76,31; sr S 10' 54'4 E, a distance of 47.57 feet to the POINT OF BEGINNING: whence the point of commencement bears N 01.00 25" E. a distance of 1.245.0® The above described permanent easement contains 24.O23 sq. ft. (0,5552 acres), more or less, Subject to and together with: Rights of Way for irration ditch as deserted and conveyed by Quit Clam Deed, recorded November 12, 1807 at Reception Number 1.23774 €n the office of the Weld County Clerk and Recorder. PERMANENT EASEMENT MORO FARMS INC WELD COUNTY, COLORADO LD COUNTY DEPARTMENT OF PLIOLIC WORKS WCR66&41 INTERSECTION PROJECT Rctect No: 0R 45 ski JsA 08,17=21 Elnan,:tr. OM ur 4 Q:\HORROCKS\C 167-1\MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement Draft 8-30-21.doc Amended and Restated Easement Page 11 of 11 EXHIBIT DESCRIPTPX8 emirates are laser a gmG sySeNion 32, Toseisship a t o owita asp 7 North, Ram 65 IN is Accurwy Network 1C tell scvi d d #ry ''minty for use on this project DEER feta verified the Novided control an alrq t card provided data The -Basis -of tags shMn heie tame dimly p au d Sum 125W CO 80111 COUNTY E OF PURL MORD FARMS INC ,Aist.D. COUNTY, COLORADO Q:\HORROCKS\C167-1\,MORO FARMS\OFFER\Amended and Restated Irrigation Ditch Easement Draft8-30-21.doc MEMORANDUM TO: Esther Gesick, CTB DATE: March 29, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Permanent Drainage Easement for 2021-2911 On November 8, 2021, the BOCC signed a permanent drainage easement which was part of the ROW acquisition for the CR 66 and CR 41 intersection project. The drainage easement was originally part of document 2021-2911. The drainage easement was also recorded by the Clerk and Recorder under reception number 4778048. A review of the document by our design consultant in March 2022, found that one of the bearings used in the legal description was incorrect. Asa result of needing to correct the legal description, the document needs to be resigned by the BOCC and needs to be re-recorded. Please place the corrected drainage easement on the BOCC consent agenda for their signature. I will attend the BOCC meeting to answer any questions the BOCC may have. c"sen+ A9ert.b„ -6-2,2, 4822877 Pages: 11 of 11 04/29/2022 10:35 AM R Fee:90.00 Carly Koppel, Clerk and Recorder, Weld County , CO Millkat1K IZIVIAVAlif lP iViii h i II cc, po(sMIER�CF-UGK� 6-(-22 2o21-2gtl EG 0o7q EASEMENT AGREEMENT THIS GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT is executed this Co lay of Apr; 1 , 2022, between the MORO FARMS INCORPORATED, A COLORADO CORPORATION, 35530 CR 43 Eaton, CO 80615 ("Grantor") and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado ("Grantee"). Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." 1. Grantor, for and in consideration in the amount of Ten dollars ($10.00) and the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its successors and assigns, a perpetual non-exclusive easement as particularly described in Exhibit, attached hereto and incorporated herein by this reference ("Easement"), for the purpose of constructing and maintaining a water conveyance structure, subject to the remaining terms and conditions stated herein. 2. Grantee requires use of the Easement in conjunction with its intersection improvement project generally located at County Road 41 and County Road 66 ("Project"). Grantee's primary use of the Easement is designed to avoid stormwater causing a rise in the floodplain of the Project area. Notwithstanding anything to the contrary stated herein, Grantee shall have the right to use Easement to effectuate that purpose. Grantee's rights to use the Easement shall include, but not be limited to, the following: a. The right to periodically remove the soil, sediment, and any other material or objects that Grantee determines create an obstruction to the flow of stormwater through the Easement. b. The right to construct water conveyance structure through the Easement. c. The right to maintain or repair the structure or replace the structure without limitation in Grantee's sole determination, subject to the terms and conditions stated herein. d. The right to convey an unlimited amount of stormwater through the Easement, subject to the condition that no such stormwater may e. The right to ingress and egress over and across the Easement forthe purpose of exercising the rights herein granted. f. The right to mark the location of the Easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said Easement. 3. Grantor reserves the right to use and occupy the Easement for any purpose consistent with the rights and privileges granted herein, including but not limited to, the right to convey stormwater and irrigation water through the Easement. Grantor shall not allow for the deposit of soil, sediment, material, or other objects in the Easement which could restrict the flow of Grantee's stormwater through the Easement, and shall be responsible for the removal of the same in the case that such deposit in the Easement occurs. 4. In the event any of the terms of this Easement are violated by a Party or by any person in privity with such Party, such violation shall be immediately corrected and eliminated upon receipt of notice from the non -violating Party, and if not corrected, the non -violating Party shall have the right to correct and eliminate such violation, and the violating Party, its successors and assigns, 4822877 Pages: 1 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Kopp's, Clerk and Reoorder, Weld County , CO VIII �l� 14.��I "I Ill 1 shall promptly pay the costs to correct said violation. If such violation is not corrected, the non - violating Party shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. The non -violating Party reserves the right to do all acts necessary to immediately remedy any emergency or situation that may arise associated with or caused by the Easement. 5. The Grantee shall restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Project installed by Grantee, any damages caused on the Easement, including landscaping, reseeding, fences, or other improvements, arising out of the construction or reconstruction, repair, maintenance, replacement, inspection, survey or removal of the Project whenever same may occur. 6. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the Project is installed and completed as provided in paragraph 3 above, maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Easement herein granted, Grantee shall and all of Grantee's right, title and interest in the Easement shall revert to the then current owner of the property underlying the Easement. 7 The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 8. Grantee acknowledges that this Easement may be subject to existing easements or other property rights, recorded or otherwise, and that such easements or property rights have priority in right over the Easement granted herein. 9. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assigns. 10. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained as Grantor and the covenants and promises hereinabove made as Grantee. 11. The Parties hereto agree that this Easement shall be recorded at Grantee's sole expense in the office of the County Clerk and Recorder in which the Easement is located. IN WITNESS WHEREOF, the Parties hereto have executed this Perpetual Non -Exclusive Easement to be effective as of the date first -above written. [Signature pages follow] 4822877 Pages: 2 of 11 04/29/2022 10:35 AM R Fee:$0.00 iiiiiire7illibilCietialErk 111 2 GRANTOR : Moro Farms Incorporated, a Colorado Corporation By: Cd Title: p .414 STATE OF COLORADO ) ss. COUNTY OF WELD ) Subscribed and nowledged before me this 2' , hd day of.ikeyh.Y-' , 2021, by Ditw . %mu. as of Moro Farms Incorporated, a Colorado Corporation. WITNESS my hand and official seal. My commission expires: 1114 I;2 KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 4822877 Pages: 3 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Wald County CO �IIII���R'Ml�rint�'I�MII��'1l�II�:�Nr'�II�IIY 1I III �l: r ' AliA:A0,1/4- NO ARY PUBLIC 3 GRANTEE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott K. James, Chair STATE OF COLORADO ) )ss. COUNTY OF WELD) Subscribed and acknowledged before me this 6th day of April ,2022, by Scott K. James, Chair and Authorized Agent of the Board of County Commissioners of Weld County. WITNESS my hand and official seal. My commission expires: 12/19/2022 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 4822877 Pages: 4 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Kopp.. Clark and Reoord�r, Wald County Co 11111 4 0.20,,21 CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NE1/4, NE1/4 S.29, TO6N, R65W EXHIBIT SEE SHEET 2 NO2°48'54"W 190.17' STA: 507+51.83' OFF: 193 42'L PDE-4 = 177,877 S.F.± PARC. 1/080329000083 RECP.# 1713377 DEED, 3-11-1977 NO3°01'06''W 225.37' 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC WELD COUNTY, COLORADO 4822877 Pages: 5 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO STA: 500+46 77' OFF: 38.84'L w in N N M N t0 o tp N P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE E. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 N01 °00'25"E 1,245.06' (to P.O.C.) NW1/4, /4, S.28, TO6N, R65W S03°17'45"E 142.54' S10°54'41 "E 47.57' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 Sheet 1 of 4 EXHIBIT 1400 4 -- ROW Section WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 4O' --1 RIGHT-OF-WAY RD- BK 2, PG 77 JULY 7, 1876 ROW 11.E+00 ROW ROW Rower ROW-- RO STA: 513+46.44' OFF, 499.76'L Rc = 513.14' A=29°35'44" Lc = 265.06' C = 262.12' CB = N34°34'49"W 0 STA: 511+32.80' OFF .;r,t 72'L 116+00 i SE1/4, SE1/4 S.20, TO6N, R65W 117+00 f tJ�•.� ROW ROW- RC 'r S85°20'50"E 396.68' N56°47'33"W 124.58' NE1/4, NE1/4 S.29, TO6N, R65W CALL UTILITY NOTIFICATION CENTER OF COLORADO STA: 510+63.40' OFF. 252.41'L CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND . EI ER UTILITIES 100 ROW- N85°36'35"W 1299.55' ROVki R0w V. P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 118+00 ROW-_ Row ROWS ROW } `A: 513+09.05' OFF 104.85'1 PARC. #080329000083 RECP.# 1713377 DEED, 3-11-1977 Rc = 200.91' A=40°36'22" Lc = 142.39' C = 139.43' CB = N26°54'58"W PDE-4 - 177,877 S.F.± 200 I FEET STA: 509+39,12' OFF: 193.71'L NO2°48'54"W 190.17' PERMANENT DRAINAGE EASEMENT PDE-4 MORO FARMS INC WELD COUNTY, COLORADO 4822877 Pages: 6 of 11 04/29/2022 10:35 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO SEE SHEET 1 r t 119+00 ROW. ROW ROW 0 (N w N N 0 0 0 U, M O 0 3 U v 0 cn ins 7-4 0 c C.1 120+00 111 0 I r relT t 0 4- 0 tn 9 121+00 ROW ROW N01 °00'25"E 1,245.06' (to P.O.C.) ROW _ EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N W1 /4 S.28, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'ro;ect No: GR 45 Drawn by: CGG Sheet 2 of 4 i iui CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES NE1/4, NE1/4 S.29, T06N, R65W EXHIBIT SEE SHEET 2 NO2°48'54"W 190.17' STA: 5O7+51.83' OFF 193.42' L N18°19'22"W 342.87' PDE-4 = 177,877 S.F.± PARC. 11080329000083 RECP.# 1713377 DEED, 3-11-1977 STA: 5044-18.76' OFF: 10101(. NO3°01'06"W 225.37' 200 ■ FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC WELD COUNTY, COLORADO 4822877 Pages: 7 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III httiliekilivii III 1861 Ni T Y WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE E. LINE NE1/4, NE1/4 S,29, T06N, R65W N01 °00'25"E 1,245.06' (to P.O.C.) N l\I N N to o �p O ry O N W1 /4, S.28, T06N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WC R 66 & 41 INTERSECTION PROJECT Project No: GR 45 "ate: 08/17/2021 Drawn by: CGG Sleet 1 of 4 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, NE1/4 S.29, 106N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 116+00 ~---F-- Row Section --- ROW---- ROW Rc = 513.14' a=29°35'44" Lc = 265.06' C = 262.12' CB = N34°34'49"W OFF: 354:72t N56°47'33"W 124.58' NE1/4, NE1/4 S.29, TO6N, R65W CALL_ UTILITY NOTIFICATION CEN1 ER OF COLOHADO EXHIBIT SE1/4, SE1/4 S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) Row ROW - ROW STA: 5131-09.05' OFF: 104.851 PARC.#080329000083 RECP. # 1713377 DEED, 3-11.1977 STA: 510+63 40'i OFF: 252 41'L CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES PDE-4 = 177,877 S.F.± 200 FEET PERMANENT DRAINAGE EASEMENT MORO FARMS INC WELD COUNTY, COLORADO 4822877 Pages: 8 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IU FAN ik NO2°48'54"W 190.17 ROW----- ROW SEE SHEET 1 6A, tree:. 121+00 ROW E. LINE NE1/4, NE1/4 5.29, TO6N, R65W N01°00125"E °00'25"E 1,245.06' (to P.O.C.) EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE NW1/4 S.28, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'roject No: GR 45 Dale: 08/17/2021 Drawn by: CGG Sheet 2 of 4 EXHIBIT DESCRIPTION A permanent drainage easement of land, No. PDE-4, Weld County Project No. GR45 containing 177,877 sq. ft. (4.083 acres), more or less, being a portion of land described in a deed, recorded on March 11th, 1977 at Reception Number 1713377 in the office of the Weld County Recorder, located the Northeast quarter of the Northeast of Section 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said permanent drainage easement being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence S 00° 22' 25" E, along the East line of said Northeast quarter of the Northeast quarter, a distance of 1,244.70 feet, thence S 89° 37' 35" W, perpendicular to said East line, a distance of 30.00 feet to the West right of way line for Weld County Road 41 as described in Right of Way Road Book 1, Page 258, recorded April 6, 1874 being 60 feet in width, 30 feet on both sides of said East line common to said Sections 28 and 29, and also being opposite and 38.71 feet Left of Engineer's Station 501+31.34 and the POINT OF BEGINNING; Thence S 00° 22' 25" E, along said West right of way line, a distance of 84.38 feet to the South line of said deed, recorded on March 11th, 1977 at Reception Number 1713377, also being opposite and 38.84 feet Left of Engineer's Station 500+46.77; Thence N 21° 47' 08" W, a distance of 154.70 feet to a point opposite and 94.77 feet Left of Engineer's Station 501+91.70; Thence N 03° 01' 06" W, a distance of 225.37 feet to a point opposite and 101.01 feet Left of Engineer's Station 504+18.76; Thence N 18° 19' 22" W, a distance of 342.87 feet to a point opposite and 193.42 feet Left of Engineer's Station 507+51.83; Thence N 02° 48' 54" W, a distance of 190.17 feet to a point opposite and 193.71 feet Left of Engineer's Station 509+39.12; Thence on the arc of a curve to the left, a radius of 200.91 feet, a central angle of 40° 36' 22", a distance of 142.39 feet (a chord bearing N 26° 54' 56" W, a distance of 139.43 feet) to a point opposite and 252.41 feet Left of Engineer's Station 510+63.40; Thence N 56° 47' 33" W, a distance of 124.58 feet to a point opposite and 354.72 feet Left of Engineer's Station 511+32.80; Thence on the arc of a curve to the right, a radius of 513.14 feet, a central angle of 29° 35' 44", a distance of 265.06 feet (a chord bearing N 34° 34' 49" WI a distance of 262.12 feet) to a point opposite and 499.76 feet Left of Engineer's Station 513+46.44; Thence S 85° 20' 50" E, a distance of 396.68 feet to a point opposite and 104.85 feet Left of Engineer's Station 513+09.05; Thence S 21° 31' 30" E, a distance of 123.04 feet to a point opposite and 61.50 feet Left of Engineer's Station 511+94.42; Thence S 02° 22' 44" E, a distance of 261.72 feet to a point opposite and 58.55 feet Left of Engineer's Station 509+33.95; Thence S 03° 14' 56" E, a distance of 520.95 feet to a point opposite and 53.54 feet Left of Engineer's Station 504+12.67; Thence S 03° 17' 45" E, a distance of 142.54 feet to a point opposite and 49.30 feet Left of Engineer's Station 502+69.60; Thence S 02° 26' 36" E, a distance of 90.95 feet to a point opposite and 47.11 feet Left of Engineer's Station 501+78.33; Thence S 10° 54' 41" E, a distance of 47.57 feet to the POINT OF BEGINNING; whence the point of commencement bears N 01° 00' 25" E, a distance of 1,245.06 feet. The above described permanent drainage easement contains 177,877 sq. ft. (4.083 acres), more or less. MORO FARMS INC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1"=100' 4822877 Pages: 9 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppns, Clerk and Recorder, Weld County , CO III Wji1! III Date: 08/17/2021 Drawn by: CGG Sheet 3 of 4 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "COOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 L i C e NII sz) ,,,-c--,..-6-4,?, es ic, 3/21/2022 0`t I r jb p .73 ei, Olt _s, I OC PERMANENT DRAINAGE EASEMENT PDE-4 MORO FARMS INC WELD COUNTY, COLORADO 4822877 Pages: 10 of 11 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO sfl>hL lee in11J�1''IR��'���+14�C��GI�411�Y1'�I�I7F��YJ��Y4rl, �I III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 ate: 08/17/2021 Drawn by: CGG Sheet 4 of 4 Hello