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Home My WebLink About20212774.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 41 AND 66, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TOMOI FARMS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Certain Property for Public Road Improvements to the Intersection at County Roads 41 and 66, 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 Tomoi Farms, LLC, 203 Elizabeth Court, Fort Lupton, Colorado 80621, 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 Concerning the Purchase of Certain Property for Public Road Improvements to the Intersection at County Roads 41 and 66 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 Tomoi Farms, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. CG : PW(ER/GH /cw) to/t4 /21 2021-2774 EG0079 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 41 AND 66 -TOMOI FARMS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of September, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: doirifeL •al's 4;ok, Weld County Clerk to the Board EXCUSED Steve Moreno, Chair County Attorney Date of signature: JO/H/21 2021-2774 EG0079 (an1-ac� TO 44' 5o (04 MEMORANDUM TO: Esther Gesick, CTB DATE: September 20, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement from Tomoi 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 August 16, 2021. All five commissioners approved the recommendation to offer Tomoi Farms an amount not to exceed $19,400.00. Public Works has included the acquisition of this property in its 2021 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. Page 1 of I M:\ —Active Projects\WCR 66 and WCR 41 Intersection\Design\ROW\Tomoi Farms \Purchase Agreement\Tomoi Farms PSA Memo to CTB.docx 2021-2774 oq/a-7 GG = P(A) One lSc. p9laSrat &C,oO7q BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition Offer for the Tomoi Farms, LLC Property DEPARTMENT: Public Works DATE: August 16, 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 for the Tomoi Farms property, which is located on CR 66 at the west end of the project. 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 August 6, 2021. The landowner chose not to obtain an appraisal. 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 $20,000 per acre due to a large parcel being zoned industrial. Mr. Tomoi indicated that Xcel had offered him $20,000/ac too. Mr. Vaughn's appraisal estimated the value of the impacts to the Tomoi Farms property to be approximately $13,450 for 0.510 acres of ROW, 0.211 acres of permanent easement, and 0.282 acres of temporary construction easement. Applying the 30% signing incentive to the value of the land and adding in crop damages, the initial offer would be $19,100. 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 ($19,100). 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. Public Works would also like to request that the BOCC authorize Public Works with the ability to counter up to $25,000. These recommendations allow Public Works to negotiate in good faith with Mr. Tomoi between $19,100 and $25,000. If Mr. Tomoi accepts the offer, Public Works will place the agreement on the BOCC's agenda for approval. If Mr. Tomoi wishes to request more than $25,000, Public Works would return to the Board with a new recommendation. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Seine Approve Schedule commendation Work Session Other/Comments: Page 1 of 30 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN TOMOI FARMS �LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this otr -day of • , 2021, by Tomoi Farms LLC, whose address is 203 Elizabeth Court, Fort Lupton C 80 1 hereinafter referred to as "Owner" (whether one or more), and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property containing property interests described in the attached Exhibit A (Right -of -Way or ROW), Exhibit B (Permanent Easement or PE), and property described in Exhibit C (Temporary Construction Easement or TCE), which are hereinafter referred to collectively as the "Property", and as WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 41 (hereinafter "WCR 41"), and Weld County Road 66 (hereinafter "WCR 66"), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires additional public road right-of-way ("ROW") from the Property for the benefit of County to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. • Exhibit A - ROW Deed of Dedication form, legal description, and depiction of parcel RW-1 • Exhibit B - Permanent Easement legal descriptions, and depictions of parcel PE -1 • Exhibit C - Temporary Easement form, legal description, and depiction of parcel TCE-1 II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Nineteen thousand, four hundred dollars and no cents, ($19,400.00) (rounded). a. Owner agrees to sell, and County agrees to purchase at closing the Public Road Right -of -Way described and depicted on Exhibit A for the sum of Thirteen thousand two hundred sixty dollars and no cents, ($13,260.00). b. Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Easements described on Exhibit B for the sum of two thousand seven hundred forty-three dollars and no cents, ($2,743.00). 4764237 Pages: 1 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ell INC�rACw �l Ine�'i6trhdNi��G� +IWO1i ii i 20 a/ - a 77 it- Page 2 of 30 c. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easements described on Exhibit C for the sum of one thousand four hundred sixty-six dollars and forty cents, ($1,466.40). d. Owner agrees at closing that County will pre -pay for 2 seasons of potential crop loss for approximately -1 acre of enola beans in the sum of one thousand nine hundred twenty dollars and no cents, ($1,920.00). 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. 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 North Weld County Water District covering all property described and depicted in, and subject to the terms provided in Exhibit B. Owner shall deliver the fully executed PE 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 Exhibit C. 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 PE. Owner is solely 4764237 Pages: 2 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO KI��l@PIA:10410grOllal II Page 3 of 30 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 insurance for the Property. 5. County shall pay all fees associated with recording this Agreement and /orthe 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. 4764237 Pages: 3 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII �� l4�:4i�Chii�'��'dL:i�f F U4�E�4.ML rli�'� W�h 11111 Page 4 of 30 7. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 8. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. VII. ACKNOWLEDGMENT. 1. County and Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Each has had an opportunity to seek legal counsel in relation to the obligations required by this Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER Tomoi Farms LLC, a Colorado limited liability company Signature e.g,/Kt... Date COUNTY ,�,/ ATTEST: .�c�) .J/ r/►,+g� Weld County Clerk to the Board Deputy Clerk to the Board 4764237 Pages: 4 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 1111 kirAlfirgliEffi rrili ill: 1110g;WWM II III 13(-7--i BOARD OF COUNTY COMMISSIONERS WELD COUNTY teve Moreno, Chair SEP 2 7 2021 Page 5 of 30 EXHIBIT A ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-1 4764237 Pages: 5 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII IiC�RY�I 'I4�G� ifirR lliX I�I'f �� lI ,h� ��W h 11111 Page 6 of 30 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2021, between Tomoi Farms LLC, a Colorado limited liability company (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: Tomoi Farms LLC, a Colorado limited liability company 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)0. 4764237 Pages: 6 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111 lleiti 41 '1iflierl4d'EINIltik rr'l1:4141J 1114 ii ii i 33654 EXHIBIT Cat Latin Mritin ATOM t M%tSt�k r, .► 241.A 0&.l ..s.. •. :•„L ,,fi+' atemvits Fri r -c M rr LIMISPWILILSC WSW .J t 116111 Sv`1 /4, SE1./4 5.20, TAN, R6 5'* WELD COU N TY ROAD 66 3c 'WELD COUNTY ROAD 41 IN TM. PLAN CENTERUNE FN UNE NW1/4. NE1 /4 S 29, TO6N, R65W 101+41 SdittiOn r* 02+co. . --I - - 1 *OC W. C.R AlCatY'- IPOWIlpircAt?,rer-r- 1,444.1 3', 81 101+5186' OF F : 15.111'R 5' ST.: 10.3499.21' OFF: ' , .5"5 IR EXISTING RIGHT -Of- WAY 104+00 1o€ -woo RW- 22,195 SF± ± TOMOI FARMS LLC PARC . x080329000080 RECD.4 4649674, 11-10-2020 NE4 of the N II4 AND NW4 of the NE4 SEC 29 4 ;..„:;tic. -0 D L I elk t '.cf. AteN,r ..-. — tr •t $041 1161car •tb 5'2g'ini ' L`` t. I Or '" t l %♦ • Ai \fir Et 4S a tiiit Ar 421,1{ NW1 /4, NE1/4 5,29, TO6N, R6 540,' r 3TA: 106+96.7'1' OFF: 24.278: Ns prm 1064603 per`--- • _•�_f_� NaS936`3,T 141, 2399.1 /7 Nay "2 150M 2 ' 106+Y8.91' OFF: i 7'.63'R E. UNE NW1/4, NE1/4 /4 5.29, TO6N, R6 5W FEET • X a X 007.40 I 9 1 SE1 /4, SE1 /4 S,20, TO6N, R65W I''_ a C.. NE, COR, SEC 29 FOUND 2-1/2" ALUMINUM CAP (ILUGIBLE) 8°21a`34a -. T,297.9? 300'33'S&E 53.381 NE4 4. NE/4 T'36N, R6 `; R I t, h T OF WAY ACQUISITION TOMOI FARMS LLC YED COUNTY, COLORADO WELD COUNTY DEPARTMENT Q==LIELIC WORKS WCR66&41 INTERSECTION PROJECT F-_t_t Nc SIP 4Z Itimit: 1 '• 1 OC' 7.4.- CS. 11.20:₹ 'Drawn by: d !sheet j -s 4764237 Pages: 7 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III )j1M&'\! $I'J 1 J III ri EXHIBIT z i *a watch'PiCelFail Ciaila tit i:rts t* t Sas ni.-t_+ rf .+; _.A tiak s$ .4 V +. >'G :. ilt bar 9r. il;,- 44- c-4.44 ..`8t r i-- 111'x'+1yo' Section Lim. ^L��..._ -C SW1 /4, SE1 /4 S.20, 105W, FMS 5W —WELD COUNTY ROAD 6,6 lc WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE N WYI '4, NE /4 S.29, TO6N„ R6 5W EX i'=I1'4D RIB'';HT—OF—WAY . I . .7:0.8E' ce- w -49//„/ STA: 1 +99.21' OFF: 57.56 =: irAnz RW-1 - 22,195 S -F.± TOMOT FARMS LLC PARC . # 08032`9000080 REDP. * 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 t Cam + .•iL sA' cr 5128'2021 oh 33654 1 astkte<,. 1 N 'L. NE1/4 S.29. TD6N, R65W RIGHT OF WAY ACQUISITION R'1-1 TOMOI FARMS LLD WELD COUNTY, COLORADO 1 SE1 /4, 5E 1 / .4 S,20. ICES pti, kE_)W CTAt 1iT.�1, i OFF: 24 �'gP, NE_ CUR. SEC.29 13 t'mow`_ — _� FOCUR 2-1/2" ALUM,. ..-"- .1/44..9151:64:544..25-99..t.ts (ILUcI8LE) sffif ,.�' 1297.37 u 24 IOTA.: 106#96 21 OFF: 77.63•R E. UNE N *1 /4, NE1./4 /4 S.29, TOGN, R6SW O FEET "q a a r I r '- SDG 33'58`E 53.38' NE1 /4, NE1 / S.29, TO6N, R6 5W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66$41 INTERSECTION PROJECT rtglect C.-#4€ :W; CS,1 i.rn1 Draw by: CGG Scala1'•10C` 4764237 Pages: 8 of 30 10/08/2021 10:19 AM R Fee $O.OO County CO Carly Koppel, Clerk and SAW �IfiRt V 1i1104 1 \II�1II7 Li EXHIBIT DESCRIPTION A parcel of land, No. RW-1. Weld County Project No. GR 45. shown on Weld County Road e & Weld County Road 44 intersection Plan. containing 22.195 sq. ft (0.510 acres). more or less being a porton of lard described in a deed. recordec on November 10th. 2020 at Reeepbon Number 4649874 in the office of the Weld County Recorder. located the Northwest quarter of the Northeast quarter of Section 29. Township 06 North. Range '3 f West of the 6th Pnncypal Mendsan, 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 08 North. Range 65 West. of the 6th Principal Meridian, thence N 85' 38' 35' W. along the North line of said Northwest quarter of the Northeast quarter. a iftstance of 1.297.82 feet. thence S 04° 23' 25' W. perpendicular to said North line. a distance of 20.00 feet to the intersection of the East line of said Northwest quarter of the Northeast quarter and the South right of way line for Weld County Road 86 as described in Right of Way Road Book 2. Page 77, recorded April 7. 1878 being 40 feet in width. 20 feet on both sides of sad North line, and also being opposite and 2429 fee Right of Engineer's Station 106e.71 and the POINT OF BEGINNING: Thence S 00' 33' 58' E. a org said East ire a distance o' f3 39 feet to a pant opposite and 7!'.83 feet Right of Engineer's Station 1013+98.91: Thence N 85. 20' 501'W. departing sac East line. a distance of 302 24 feet to a point opposite and 87.58 feet Right of Engineer's Station 103+90.21: Thence N 73' 5? 00' W. a distance of 254.50 feet to said South right of way brie. to 3 point opposite and 15.01 feet Right of Engineer's Station 101 +50.86. Thence S 85' 36' 35' E. along said South right of way line. a distance of 546.80 fee; to the POINT OF BEGINNING: whence the point of commencement bears S 86' 29' 34' E. a distance of 1.297.97 feet The above described parcel contains 22.195 sq. It. (0.510 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 'COOT MILE POST 270.44' (a survey disc on aluminum rod) Section 32. Township 6 North. Range 85 West. Sixth P.M.. and CHARN point "HORA' (a survey disc set in concrete) Section 31. Township 7 North. Range 85 West. Sixth P.M.. as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearngs was provided by Weld County for use on this project DEA field verified the provided control and aliquot monumentat,3on. 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 5870 Greenwood Plaza. Suite 125W Greenwood village. CO 80111 o' t ,0 if lc2 i moo", 33654 • NtAselik:klactee' -ince tri RIGHT OF WAY ACQUISITION R1-1 TOMOi FARMS LLC WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 iN TERSECTIOV PROJECT Pettey No GA 1S IS:ak. t t 0C rd. as,t limb tly c& [SPeet • 4764237 Pages: 9 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes Clerk and Recorder Weld County CO IIIIN�1lLYFNti+�M+Lh�I�IY�I��IJ'd�d'�Illr�'IJ+�W4}� 11111 Page 10 of 30 EXHIBIT B PERMANENT EASEMENT, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL PE -1 4764237 Pages: 10 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly KOppeS, Clerk and Recorder, Weld C.unty , CO 11111 10 Page 11 of 30 PERMANENT WATER EASEMENT AGREEMENT (North Weld County Water District) THIS PERMANENT WATER EASEMENT AGREEMENT ("Agreement") is made this day of , 2021, by and between , and , 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. 4764237 Pages: 11 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11 Page 12 of 30 4. Additional Rights of the District. Grantor further grants to the District, its successors and permitted assigns: (a) The right of ingress to and egress from the Easement Area over, across and upon the Property by means of any 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 4764237 Pages: 12 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII :ARNOIh Ik1 AWk III II Page 13 of 30 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 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; 4764237 Pages: 13 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO lIII AVF.t 'ritlk i'!h II4LNNI I IIIIIAAITIMPl' YI BPI 13 Page 14 of 30 (c) Store or dispose of any dangerous, toxic, or hazardous substance on or under the Easement Area; (d) Alter or replace any fence on the Easement Area without the prior written consent of Grantee; (e) Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet at mature growth to grow on the Easement Area, or alter ground level, without the prior written consent of Grantee; (f) (g) Add or remove soil or alter the grade of the land within the Easement Area; 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. 4764237 Pages: 14 of 30 10/08/2021 10:19 AM R Fee:$OW90 County CO Carly Koppes, Clerk and Recorder, 1111l�ION!w�,� G ��4�M��I �Ki tiY�PW�h II lit Page 15 of 30 (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 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) 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. 4764237 Pages: 15 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII MPr �� WU Bill 15 (h) (i) Page 16 of 30 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 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] 4764237 Pages: 16 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII INF•IP II VIIIJ.i:I I'i;Iii k hill Ma 1 11111 16 Page 17 of 30 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: Tomoi Farms LLC, a Colorado limited liability company By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by , as for Tomoi Farms LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public 4764237 Pages: 17 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 17 Page 18 of 30 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 4764237 Pages: 18 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO 11111 18 Page 19 of 30 EXHIBIT A Legal Description of Grantor's Property The Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) NS RHE Northwest Quarter (NW 1/4) of the Northeast Quarter (NEW 1/4) of Section Twenty -Nine (29), Township Six (6) North Range Sixty -fire (65) West of the 6th P.P., County of Weld, State of Colorado. 4764237 Pages: 19 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO Ell riidirlialigalli .i NIii RillillIMIC IWkil ilk "HI Page 20 of 30 EXHIBIT B-1 Legal Description of Easement Area 4764237 Pages: 20 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII INFAR4Ri AR rIM+GCIAINIII Nib IN vilin 11.14kii Ill II Page 21 of 30 EXHIBIT DESCRIPTION A permanent easement, No_ PE -1, Weld County Project No. CSR 45, shown on Weld County Road 66 & Weld County Road 4' Intersection Plan, containing 9,207 sq. ft. (0.211 acres), more or less, being a portion of land described in a deed. recorded on November 13th, 2020 at Reception Number 41349674 in the office of the Weld County Recorder, located in the Northwest quarter of the Northeast quarter of Section 29, Township 048 North, Range 65 West. of the 6th Principal Meridian. in Weld County, Colorado. said permanent easement being more particularly described as follows: COMMENCING a: the corner common to Sections 20, 21,28 and 29. Township D6 North, Range 55 West, of the 0th Principal Meridian, thence N 85' 36' 35"W, along the North ire of said Northwest quarter of the Northeast quarter. a distance of 1,293.21 feet. thence S 04' 23' 25' W, perpendicular to said North line, a distance of 73.18 feet to the East lin of said Northwest quarter of the Northeast quarter, and also being opposite and 77.63 feet Right of Engineer's Station 10e-98.91 and the POINT OF BEGINNING; Thence S OW 33' 58" E, along said East line, a distance of 2C.08 fee: to a point opposite and 97.70 feet Right of Engineer's Station 106+99.73; Thence N 85° 20' 50" W, departing said East line, a distance of 3-06.08 feet to a point opposite and 87.52 feet Right of Engineer's Station 103+96.89; Thence N 73° 52' 00" W. a distance of 205.32 fee: to a point opposite and 45.03 feet Right of Engineers Station 101+90.90; Thence S 852 30' 35" E, a distance of 98.27 fee: to a point opposite and 45.07 feet Right of Engineer's Station 102+95.14; Thence S 73* 52' 00" E, a distance of 107.13 feet to a _oin: opposite and 07.50. feet Right of Engineer's Station 103+9.9.21. Thence S 85° 20' 50" E, a distance of 302.24 feet to the POINT OF BEGINNING; whence the point of commencement bears S 88' 50' 55" E, a distance of 1.295.27 fee:. The above described permanent easement contains 9.207 sq. ft, (0.211 acres!. more or less. BASIS OF BEARINGS: Bear ngs used in the calculation of coordinates are based on a grid bearing of N'C=4E'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. GDS survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County =or use on this project. DEA field verified the provided control and aliquot monurnentation, and set local control based on said provided data. The Basis of beanngs shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5070 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 PERMANENT EASEMENT TOMOI FARMS LLC WELD COUNTY, COLORADO 41. A -a veila .0o • • 44 fire L., `et r, .f V -4G-rirycSA-1.-rr -s--"' 0 0W,;1/41... arcs Ne ,iircwi t7 ;mugs, sytteel".4: 0 u 5/780 'O2` (ititn 33654 ; 42O • oa 4764237 Pages: 21 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO I�' III �.r�l � l ?VIM 51.,�1i'illP�II1Lii1� l--tIII �rl�lh� WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66S41 INTERSECTION PROJECT :ols. 05.• 1 1 2021 Page 22 of 30 EXHIBIT B-2 Depiction of Easement Area 22 of 30 Pages; 4764237 R Fee;$0,00 co Car 10Y8 Koppes, ,/2021 ' 01 ®9 and Re fir' IJ� �county , M�ilk'A li �I II I VIII !� s�� M11 Page 23 of 30 EXHIBIT CALL MIN WAstyrr0 MOW o.cmSiac: r8v care. Saar - a et ocv r.: r :Au tesiai Alp Cs rrsismouRro •s Lisjiiftabe..sa.. Se1fii -`t. 'S Pitt . 065 '3635-E 96'.27 srezi. - R r22..o STA: 1%1+96.S0I OFF: 45 039 S SW1 /4, SEI /4 S.20. TC6N, R65W r- WELD COUNTY ROAD 66 & ►'.ELD COUNTY ROAD 41 INTX.. PLAN CE\TERLI E rN. UIE Nt1/4, NE1 /4 S,23, I T0SN, R65W 4w L_ tato 04014. Mei STA 103+9921' OFF: 67.56'R EXISTING RIGHT-OF-WAY STA: 106+98.91' OFF: 77.6338 20.5. PE -1 0E1M pt�w— 1� Rte...`_obifr - _ 104+ 0© 105♦0C icon L uk l ate° -C. R. 66 k s - a —et STA 1 ♦95.14 R W — fii�.._- FtCx1M— 3 +ON ! �59g.1�' ci- r-.- ._ r,, OFF: 45.QTR STA 103+96.8W OFF: 87.52'R r- 573'1700'E 107.10 PE -1 -� 9,207 S.F TOMOI FARMS LLC PARC. * 080329000080 RECP,# 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 11' NW1/4, NE1/4 5.pa, T06N, R65W FEET PERMANENT EASEMENT TOMO( FARMS LLC WELD COUNTY, COLORADO $85120150T 302241 M85'2'0 r r' /I STA: 1 06+99.73' r OFF: 97.70R E. UNE NW1 /4, NE1 /4 S.29, 16N, R65W 4764237 Pages: 23 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes• Clerk and Recorder. Weld County , CO iii F.uv,w)11riYtii0 IHI! = E /4. SE1 /4 S.20, T -16N, R65W P.O.C. NE. CCR. SEC.29 FU:)i.)ND 2-1 /2 LUMINUM CAP (ILLIGIBLE) t,295.27' I 4 \_ &O0'33'58`E 20.ti8' NE1/4. NE1 /4 S_ 29, T 16N, R656 YA4 0 ©L C�k; ,-r 4, 4.1 es Cr 42 'ti _o2P:2C21 r?Lk21;;;;or ct% 44.04 sYkto * loot sara-a.,414 33654 • arg r Cbel WELD COUNTY DEF 4,RTMENT OF PUBLIC WORKS WCR 66 8.41 INTERSECTION DRC.1E CT = rolect No: GR 45 • .44. 0S'11133.21 1 1 TC' Ors by: CGG Sheet I C' Page 24 of 30 EXHIBIT uu crtam MOM t _ I cn a%17ia71 cs k. it Sssa sit el orWas +psi 1'4 liana CS M.ot'xu :n Sr`t. Saba- t Yw Pa, „LI oat Q`�►-- - — S85'36'36'E '" -`-- �.:..— 95.2T SWI/4. SE1 /4 S.20. T06N, R55W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. FLAN CENTERLINE isN. LINE N`1N1 /4, N E # /4 S. 29, 106N, R65N' 0TA 101+96.9C' OFF: 45..03R T EXISTING RIGHT -OF- WA Y 104+03 SIY3.nr c....SoCron Lint 4Ce r f W -C. R. 66 N�„as W STA_ 102+95_14' OFF: 45.071R STA: 105+98.91 OFF: 77_6,3`R P O.@. PE -1 G f A_ 1G3+992.1 I--'": .SFr 5- =n a STh 133+96..39' r1FF R' STR. • S73'S_2'D0 E 107.10' 3O2 24' PE -1 = 9,207 S.F.± IOI FARMS LLC PARC, # 080329000080 RECP, O 4649674r 11-10-2020 NE4 of the N i4 AND NW4 of the NE4 SEC 29 NW1 /4, NE1 /4 5.29, TO6N. R65W F'8ET P485'20'STW I I; - - 2599.1Q0' S=TA: 1064 -99.73t OFF: 97.70'R • E. LINE NW1/4, - -, NE1 /4 S.29, T06N, R65W ', 4 Iii SE1 /r4, SE 4 S.20, T36N, R651fi F.O.C. NE. CORP SEC.29 FOUND 2-1/2+ ALUMINUM CAP (ILLIGIBLE) Sea' 5c'5e'E N 1,296.27 1 I' S00 33'SrE 20.0e NE1/4. NE1,.. ; 4 S-29, TORN, R65W skih. 4e: 4c-44 � �+ 3J2e,'2021 d`1 33654 ; 1 *444,LAIL244,-- or?) 0 PERMANENT EASEMENT PE -1 TOMOI FARMS LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR&5841 INTERSECTION PROJECT P't I ei l Nc GR `t6 Vt. 05111x2021 Drawn by: COG Sa k Pe 1 CC meet t c' = 4764237 Pages: 24 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III rJirJp II! Page 25 of 30 EXHIBIT C TEMPORARY EASEMENT FORMS, LEGAL DESCRIPTIONS, AND DEPICTIONS OF PARCELS TCE-1 4764237 Pages: 25 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lilt 0�l�'!i� wi'�h� rliiia � iii P M �J� 4;laibh 11111 Page 26 of 30 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Tomoi Farms, (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 Exhibits. 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. 4764237 Pages: 26 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIIII,FAINIICIPli Will& klialetiViliyi 11111 Page 27 of 30 GRANTOR: Tomoi Farms LLC, a Colorado Limited Liability Company By: As: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by as of Tomoi Farms, a Colorado Limited Liability Company. Witness my hand and official seal. Notary Public 4764237 Pages: 27 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO VIII r.IPDA'Mt 101'110114' friit Ill II iu 5'29,202 o` f11° 33654 ,01:g A d ,4 #e t�VI Page 28 of 30 EXHIBIT am-AiludmiLankotweeS f rtiu CAA SAACS, t'it ii tAvA/i its r; Avast Cif upeOliiiitatsme Misfit it:TS 1STA: 100+52.59' OFF: 14.9TR Der 4/73-124-00ew 22. / DT& 3�+ iQ96.89 r OFF: 67.52'R TCE-1 - 12,287 S.F TOMOT FARMS LLC PARC.#O8O329OOOO8O RECP.# 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 i NW1/4, NE1/4 5.29. TO6N1-11.6 tied . SW1 /4, SE1 /4 S 2O, TO6N, R65W Mtifl._1 COUNTY ROAD 56 Ar WELD CcAJNTY C'ZJ 41 I\TX. TX. PLAN.' 0E`.TERU NE N. UNE NW1/4, \Et /4 S.29, TO6N, R65W EXISTING RI CHT-4F-WA'rt 2 1 2 a a SE1 /4. SE1 S.2O, T06N, R65W P.O. _, 4.14,,,----��-._._ a��.—.� �,�,, NE. ODOR. ST,1: 103+99.21 rk Aow,ins- (I W��IBLE) �' 7FF: 67.56R 104.0.00__ 1O541m SEC 29 •• 2 !o' -ac -..L ° FOUND 2-1/2' ALUMINUM CAP SafP205 .E x.24' *w 279.90 STA: 106+73.86' OFF- 96.438 1434'39'10T 5.C . STA 10647 3.631 OFF: 101.47R N85'20'5A'W 26.64' STK 106+y3.44' OFF. 102 71'8 E. LICE NWt /4, NE1 /4 5.29, TO6N. R65W 1 FEET TEMPORARY CONSTRUCTION EASEMENT TC_- TOMO! FARMS LLC WELD COUNTY, COLORADO S r5Cf'5rE 1,295.27' I STA' 106+95 91' OFF_ 77.63'R (P.O.B. TOE -1 SX'33'S5`E 25 1 C' NE1/4. NE1/4 S.29, TC6N, RS5'N WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66841 INTERSECTION PROJECT -_sect No: GR ac_ 1°-10C' .S; DS' 11 t 1 Drawn tr; - oGG 4764237 Pages: 28 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Mil, RA ui Page 29 of 30 EXHIBIT CAL :fit ii" IR7rit.Y►1t5M ►u. *a➢utibla to F. +-'sNAis lks T4 Ilkalitie CIA at tail ai Sw1 /4► SE1 /4 5 20, 106N, VIED COUNTY ROAD 66 & WELD MINTY ROAD 41 I N TX_ PLAN CE CTE U NE N. UNE NW1/4, NE1 /4 S.26, TO6N , R65W 11�lllll/1/t "'� 254 .o. '�w,uhOl1/I IG Tk 103+96.8 OFF E'.521R --- - 12,267TCE `.1F .SE' /4, ¶ E1..4 S.20, 10 6"•. R651/1 .RpR. r P.O.C. to �—, reHr-..�_ rk-NE. FOR. -�c -+- - 1_1_354)2 NT 5" 3613ircv, s nEr•� 0744)0 wise, SEC. Z� 25994..asse. A in0 Nm TA: 103+9; 21 / OFF: 6TE6R TOMOT FARMS LLC PARC.#080329000020 RECP. # 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 N'61/4, NE1/4 5.29, TD6N. R65W sass2050PE 302.24s .e/9/1/7 !STA: ttD6+73.8E' r43c39'1 C?E sew / OFF_ 1 C 1.42'8 N85,2010V4 26.64' ST. ;.X.+99_4' OFF: 1 CC 7128 E. LINE NMI /4, NE1/4 5.29, TO6N. R6549 a (ILLIOIBLE) S88 "5Cf 5e'E 1.29;5.27' STA: 106+-96S1 OFF: T7.63'R P.C' E. TCE-1 I SDa'33'53'E 25.1x' NE1/4, NE1/4 an. TO6N , R65w TEMPORARY CONSTRUCTION EASEM ENT TDMDI FARMS LLC WELD COUNTY, COLORADO WELD COUNT{ DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Prciect No: GR 45 ;oY Q5.►11.r►1 Dry by: C' e3 Stair 1'- 'St, err Mir 4764237 Pages: 29 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII 1jPi! k � ��'�� i� I�MUP( 'I'r! N'1'Yo U I Mill Page 30 of 30 EXHIBIT Temporary Construction Easement A temporary construction easement No. TCE-1. Weld County Project No. GR 45, shown on Weld County Road 66 & Weld County Road 41 lntersecion Plan, containing 12,287 sq. R. (0.282 acres), more or less, being a portion of land descn bed in a deed, recorded on November 10th. 2020 at Reception Number 4849+374 in the office of the 'Weld County Recorder, located the Northwest quarter of the Northeast quarter of Section 29, Township 06 North, Range $5 West, of the 6th Principal Meridian, in Weld County, Colorado. said temporary construction easement being more pariculariy described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29. Township 06 North. Range 65 West, of the 8. Principal Meridian, thence N 95' 36' 35' W, along the North line of said Northwest quarter of the Northeast quarter, a distance of 1,293.21 fees, thence S 04* 23' 25" W, perpendicular to said North line, a distance of 73.18 feet to the East line of said Northwest quarter of the Northeast quarter of said section 29, and also being opposite and 77.63 feet Right of Engineer's Station 106+98.91 and the POINT OF BEGINNING; Thence S 00" 33' 5T E. along said East line, a distance of 25.10 feet to a point opposite and 102.71 feet Right of Engineer's Station 10C-699.94; Thence N 85° 20' 50" W. a distance of 26.64 feet to a point opposite and 101 A2 feet Right of Engineer's Station 106+73.63; Thence N 04° 39' 10" E, a. distance of 5.00 feet to a point opposite and 96.43 feet Right of Engineer's Station 136+73.86; Thence N S5° 2C' 50" W, a dista.noe of 279.90 feet to a point opposite and 87.52 feet Right of Engineer's Station 103+96.89; Thence N 73° 52' 00" W. a distance of 352.72 feet to a point opposite and 14_97 feet Right of Engineer's Station 100+52.59: Thence S 85: 36' 35" E. a distance of 98.27 feet to a point opposite and 15.01 feet Right of Engineer's Station 101+50.86: Thence S 73* 52' 00" E. a distance of 254.50 feet to a point opposite and 67.56 feet Right of Engineer's Staton 103+99.21; Thence S 85* 20' 50" E. a distance of 30224 *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 temporary construction easement contains 12,287 sq. It (0.282 acres) more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 1 0"45' 13" W from CHARM point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARM point "HORA" (a survey disc set in concrete) Section 31. Township 7 North, Range 65 'Nest, 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 it aliquot nnonumentaton, and set local control based on said provided data. The Basis of bearings shown here came di try from provided Weld County data. Guerrero P.L.S. 33654 =or and on behalf of riciracks Engineers 5670 Greenwood Plaza, Su :e 12FW Greenwood Village, CO 8C.711 ,. � " �J c' G t ' ".. 00 Yet's* rt., tat' 2C o; 33654 ; 1 � • ♦ t4A Y4 C 'riot PORAR'' CONSTRUCTION EASEM ENT TC = TOMOJ FARMS LLC WELD COUNTY, COLORADO :'VELD COUNT( DEPARTMENT Oc DUBLIC WORKS WCR6'3&41 INTERSECTION PROJECT -ct : GR 4= yak: 1'•1CC' ca. 123.112J2021 Dray by: OGG I sleet 4764237 Pages: 30 of 30 10/08/2021 10:19 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO Entity Information Entity Name'' TOMOI FARMS LLC Entity ID* O0044494 ❑ New Entity? Contract Name* Contract ID AGREEMENT FOR PURCHASE OF ROW FOR CR 66 AND CR 41 5264 PROJECT Contract Status CTB REVIEW Contract Lead* CKIMMI Contract Lead Email CKimrnigjco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # GR-45 Contract Description* PURCHASE AGREEMENT FOR ROW AND EASEMENTS ON THE TOMOI PROPERTY AS PART OF THE CR 66 AND CR 41 INTERSECTION PROJECT Contract Description 2 Contract Type* AGREEMENT Amount* $1 9,400.00 Renewable* NO Automatic Renewal NO Grant NO !GA Department PUBLIC WORKS Department Email CM- PublicWorks weldgov.com Department Head Email CM-PublicWorks- DeptHeadgweldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO. WELD. CO. U S Requested BOCC Agenda Date* 09;27;2021 Due Date 09:232021 Will a work session with BOCC be required? HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 09:20,2021 Committed Delivery Date Renewal Date Expiration Date* 12131;2023 Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CHRIS D'©VIDlO ROB CHOATE DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/21/2021 09/22;`2021 09/22i2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Originator CKIMMI Tyler Ref it MEMORANDUM TO: Esther Gesick, CTB DATE: October 18, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for 2021-2774 Please place the attached Acceptance of a Deed of Dedication for the Tomoi ROW parcel on the consent agenda. The original docket number was 2021-2774. This ROW acquisition is part of the CR 66 and CR 41 project. Page 1 of 1 M:\ —Active Projects\WCR 66 and WCR 41 Intersection\Design\ROW\Tomoi Faims\Purchase Agreement\Tomoi Deed of Dedication Acceptance Memo to CTB.docx cnen+ /0/01-0/014 boa i - ""7-7'-i6; �c� i 901D a /ib /a I E,Goo79 Pti;Cee.) DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made thisauday of C')C4O bet- , 2021, between Tomoi Farms LLC, a Colorado limited liability company (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(1Xa), 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 a tta ch ed to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: TomoiFarms LLC, a Colorado limited liability company By Title STATE OF COLORADO ) COUNTY OF WELD ) ss. e foregoing instrument was acknowledged before me arm Tomai W pa yhandan t (2.0 '.-/7A C Not(ry Public ACCEPTANCE this 1 ikday of (3t4 obee. MARIANN D JOHNSTON NOTARY PUBUC STATE OF COLORADO M,npr iu 20014035714 My Commission Expire* November 13, 2021 , 2021, by The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (iblic Right -of -Way) pursuant to C.R.S. §43 -2-201(1)(a). Dated thiser tiday of ((��C�f�'t/ ,2021. ATTEST: dadto) fi• JC404i Weld By: ty Clerk to the Deputy Cl-, tot eBoa *No Deed of Dedication is valid until accepte eiwt 4768954 Pages: 1 of 4 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO LIUEIJIMINNOLKM/411001 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ir, Board of County Commissioners issioners pursuant to C.R.S. 43-2-201(1)0. o2b02/ - 0277 EXHIBIT RIGHT OF WAY ACQUISITION CALL UTILITY NOTIFICATION CENTER OF COLORADO f1 CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SW1 /4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NW1/4, NE1/4 S.29, TO6N, R65W ROW----- ROWS ROB^ice ROW ._.10t+00 Section tine 66 —4 103+00 -JSTA: 101+50 98' OFF: 15.01'R 40, STA: 103+98.95' OFF: 68.80'R EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 STA: 106+96.86' OFF: 25.80'R P.O.B. RW-1 ROW---- ROW 104+00 105+00 '�_ ROW R 106+000 516'35"E 546.80' N85�3 W - '299.55' RW-1 =- 22,195 S.F.± TOMOI FARMS LLC PARC.#080329000080 RECP.# 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 NW1/4, NE1/4 S.29, T06N, R65W 0 100 N85'20'50"W 302.24' E. UNE NW1/4, NE1/4 S.29, T06N, R65W i i 1 SE1/4, SE1/4 S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 ioz+o FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S86°29'34"E 1,297.97' (to P.O.C.) 200 FEET III NE1/4, NE1/4 S.29, TO6N, R65W S00°33'58"E 53.38' o$ U is gs V • N� ctot M � o oc� gab dso� mU-A 0 rC KIND O)�Y� con >. etl+v• RW-1 TOMOI FARMS LLC 4776985 Pages: 2 of 4 11/17/2021 11:50 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 Sheet 1 of 2 11111 rNifIi1 1ieI "III EXHIBIT CALL UTILITY NOTFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SW1 /4, SE1 /4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE N. LINE NW1 /4, NE1/4 S.29, TO6N, R65W ROW------- ROu• ROW., R° 101+00 Section Line 02+00 Ro _ R, —+ 103+00 RIGHT OF WAY ACQUISITION 73. STA 101+50 98' OFF: 15.01'R EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 ROW ROW------RO •• ROW. 104+00 105+00 RO.. ROW. 106+00 STA: 106+96.86' OFF: 25.80'R P.O.B RW-1 RW-1 = - 22,195 S.F.* TOMOI FARMS LLC PARC.#080329000080 RECP.# 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 NW1 /4, NE1/4 S.29, TO6N, R65W 0 100 N85°36'35"W, 1299.55' N85°20'50"W 302.24' STA: 106+99.26' OFF: 79.13'RI E. LINE NW1/4, NE1/4 S.29, TO6N, R65W SE1 /4, SE1/4 S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 1o7+i FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S86°29'34"E 1,297.97' (to P.O.C.) 200 FEET IIIII NM I NE1/4, NE1/4 S.29, TO6N, R65W S00°33'58"E 53.38' ti o -c _ _iY• 3:-• 0 i 'SI-a.-= .r •II 3 L oao�� t°l�o� v a kr pot 'Ls da e eo r• _aa e eg N amc InN 0 cona 10 RW-1 TOMOI FARMS LLC ‘AICI (1 (*(11 INITV r(ll rip Ar1(1 4776985 Pages: 3 of 4 11/17/2021 11:50 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' 1111 FAT:iffleirlifirilOILINAL lI II Date: 08/17/2021 Drawn by CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A parcel of land, No. RW-1, Weld County Project No. GR 45, shown on Weld County Road 66 & Weld County Road 41 Intersection Plan, containing 22,195 sq. ft. (0.510 acres), more or less being a portion of land described in a deed, recorded on November 10th, 2020 at Reception Number 4649674 in the office of the Weld County Recorder, located the Northwest quarter of the Northeast quarter 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 N 85° 36' 35" W, along the North line of said Northeast quarter, a distance of 1,297.82 feet, thence S 04° 23' 25" W, perpendicular to said North line, a distance of 20.00 feet to the intersection of the East line of said Northwest quarter of the Northeast quarter and the South right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said North line, and also being opposite and 25.80 feet Right of Engineer's Station 106+96.86 and the POINT OF BEGINNING; Thence S 00° 33' 58" E, along said East line, a distance of 53.38 feet to a point opposite and 79.13 feet Right of Engineer's Station 106+99.26; Thence N 85° 20' 50" W, departing said East line, a distance of 302.24 feet to a point opposite and 68.80 feet Right of Engineer's Station 103+98.95; Thence N 73° 52' 00" W, a distance of 254.50 feet to said South right of way line, to a point opposite and 15.01 feet Right of Engineer's Station 101+50.98; Thence S 85° 36' 35" E, along said South right of way line, a distance of 546.80 feet to the POINT OF BEGINNING; whence the point of commencement bears S 86° 29' 34" E, a distance of 1,297.97 feet. The above described parcel contains 22,195 sq. ft. (0.510 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 4776985 Pages: 4 of 4 11/17/2021 11:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 11111 RIGHT OF WAY ACQUISITION RW-1 TOMOI FARMS LLC WFI l'} COUNTY COLORADO 4768954 Pages: 4 of 4 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 Sheet 2 of 2 �� NrdlIti *ACM IM IMO, EtIh'lY h 1I II Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Monday, October 18, 2021 10:53 AM Esther Gesick; CTB Clayton Kimmi Temporary Construction Easement for 2021-2774 Executed TCE_Tomoi_10-14-2021.pdf Attached is the temporary construction easement that needs to be added to the file for 2021-2774. Tomoi Farms signed it and sent it back to us. It does not need to be accepted 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. nr e -r,+ d.st.. 1O/ aO/D% /PA 2 - Dfr-1 goat - Q719 aGoo19 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Tomoi Farms, (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 Exhibits. 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: Tomoi Farms LLC, a Colorado Limited Liability Company By: As: G d•-•.,¢_�a_ ,r,r1a r-. ciLls r' STATE OF COLORADO ) ) ss. COUNTY OF WELD ) � �9 (_ �O.Z I Czi The foregoing instrument was acknowledged before me this ( 4 l: day of ekt�e r , 201 797 by -D I Q r1 k I [D fr ( as (-A Mao tt of Tomoi Farms, a Colorado Limited Liability Company. Witness my hand and official seal. N • ary Public MARIANN D JOHNSTON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035714 My Commission Expires November 13, 2021 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 STA 101+50 98' OFF: 15.01'R ROW ROW _ vv--_, 4,-; 101+00 Section Line S85°36'35!'E 98.27' W � J2+0o . - .C. 66 ROW \-1OFF 14.97'R STA: 100+52 71 STA: 100+52 71 �S` UO'' Row SW1 /4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N. LINE NW1/4, NE1/4 S.29, TO6N, R65W S Row 103+00 - I- ROW`S, Rai EXISTING 40' RIGHT-OF-WAY RD -8K 2, PG 77 JULY 7, 1876 Row---- ROW 1O -I+00 Row-- ROW STA: 103+96 511--/ OFF: '''. R TCE-1 12,287 S.F.± ROW ROW STA. 103+98 95' OFF 68 80'R ROW 05 *00 TOMOI FARMS LLC ROW Row - 106+00 N85°36'3�y 1299.55' ROW ROW Row-,-._ S85°20'5p"E 302.24' N85°20'50"W 279.90' PARC.#080329000080 080329000080 RECP.# 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 NW1/4, NE1/4 S.29, TO6N, R65W 0 100 STA: 106+74.20' OFF 98 01'R N04°39'10"E 5.00' STA: 106+73 98�' OFF 103 G1'R ROW -- 107+00 ROW N85°20`50"W 26.64' STA 1 t +00.38' [_pFF: 104 21'R E. LINE NW1/4, NE1/4 S.29, TO6N, R65W 200 FEET SE1/4, SE1/4 S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) S88°50'56"E 1,295.27' STA 106+99 26' OFF. 79.13'R P O.B TCE-1 S00°33'58"E 25.10' NE1/4, NE1/4 S.29, TO6N, R65W TEMPORARY CONSTRUCTION EASEMENT TCE-1 TOMOI FARMS LLC WELD COUNTY, COLORADO S�� WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1n=100' Cate: 08/17/2021 Drawn by: CGG I Sheet 1 of 2 1 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 UTIUTIES - STA. 101+50 98'11 OFF: 15.01'R ROW--�� ROw RO 101+Q0 Section Line 'E 98.27' � W Line,J2+00 S85°36'351 -- - 66 \--ISTA {00+52 71 OFF: 14 97'R SW1 /4, SE1/4 S.20, TO6N, R65W WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE N. LINE NW1/4, NE1/4 S.29, TO6N, R65W Row 103+00 RO RO 873°82•00p• 254 SO4 2. 72, EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 R0W----- ROW---_ Row 104+00 R4W ROW STA: 103+96 51' OFF: 88 75'R TCE-1 12,287 S.F.± ROW STA . 103+-98 95 OFF 68 80'R ROW 105+00 TOMOI FARMS LLC ROW Row 106+00 N8S°36'35"W, 1299.55 ROWROW ROW-- - ROW ROW-- - 107+00 S85°20'50"E 302.24' N8S°20'50«W 279.90' PARC.#080329000080 080329000080 RECP. # 4649674, 11-10-2020 NE4 of the NW4 AND NW4 of the NE4 SEC 29 NW1/4, NE1/4 S.29, TO6N, R65W 0 100 1 STA: 106+74 20' OFF 98.01'R3 N04°39'10"E 5.00' STA: 106+73 98'' OFF: 103.01'R, N85°20'50"W 26.64' STA. 107+00 38 OFF 104 21'R E. LINE NW1/4, NE1/4 S.29, TO6N, R65W 200 FEET SD /4, SE1 /4 S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP Row- (ILLIGIBLE) v. p S88°50'56"E 1,295.27' STA: 106+99 26' OFF: 79.13'R P O.B TCE-1 S00°33'58"E 25.10' NE1/4, NE1/4 S.29, TO6N, R65W TEMPORARY CONSTRUCTION EASEMENT TCE-1 TOMOI FARMS LLC WELD COUNTY, COLORADO ey, WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1'1=100' IJate: 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A temporary construction easement, No. ICE -1, Weld County Project No. GR 45, shown on Weld County Road 66 & Weld County Road 41 Intersection Plan, containing 12,287 sq. ft. (0.282 acres), more or less, being a portion of land described in a deed, recorded on November 10th, 2020 at Reception Number 4649674 in the office of the Weld County Recorder, located the Northwest quarter of the Northeast quarter 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 P Y 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 the East line of said Northwest quarter of the Northeast quarter of said section 29, and also being opposite and 79.13 feet Right of Engineer's Station 106+99.26 and the POINT OF BEGINNING; Thence S 00° 33' 58" E, along said East line, a distance of 25.10 feet to a point opposite and 104.21 feet Right of Engineer's Station 107+00.38 Thence N 85° 20' 50" W, a distance of 26.64 feet to a point opposite and 103.01 feet Right of Engineer's Station 106+73.98; Thence N 04° 39' 10" E, a distance of 5.00 feet to a point opposite and 98.01 feet Right of Engineer's Station 106+74.20; Thence N 85° 20' 50" W, a cistance of 279.90 feet to a point opposite and 88.75 feet Right of Engineer's Station 103+96.51 Thence N 73° 52' 00" W, a distance of 352.72 feet to a point opposite and 14.97 feet Right of Engineer's Station 100+52.71; Thence S 85° 36' 35" E, a distance of 98.27 feet to a point opposite and 15.01 feet Right of Engineer's Station 101+50.98; Thence S 73° 52' 00" E, a distance of 254.50 feet to a point opposite and 68.80 feet Right of Engineer's Station 103+98.95; Thence S 85° 20' 50" E, a distance of 302.24 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 temporary construction easement contains 12,287 sq. ft. (0.282 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 CONSTRUCTION EASEMENT TCE-1 TOMOI FARMS LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 111=100' Date: 08/17/2021 Drawn by CGG Sheet 2 of 2 Hello