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Home My WebLink About20212969.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR COUNTY ROADS 41 AND 66 INTERSECTION IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN - HUNGENBERG BOH FARMS, LLLP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Certain Property for the County Roads 41 and 66 Intersection Improvements Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hungenberg BOH Farms, LLLP, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Certain Property for the County Roads 41 and 66 Intersection Improvements Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hungenberg BOH Farms, LLLP, 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 20th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CA J C.ljdf4: 4 Weld County Clerk to the Board Deputy Clerk to th APP ED AS County Attorney Date of signature: )g-ne -zezi Steve oreno, Chair Sco mes, Pry-T..em EXCUSED DATE OF APPROVAL Perry L. Buck Mike Freeman EXCUSED Lori Saine C c : ? (ER/cH /c►f.) 2021-2969 EG0079 Gn+c c-i MEMORANDUM TO: Esther Gesick, CTB DATE: October 14, 2021 FROM: Clay Kimmi, P.E., Public Works ZO *53a1 SUBJECT: Purchase and Sales Agreement from Hungenberg BOH 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 easements, and temporary construction easements located on the along the north 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 19, 2021. All five commissioners approved the recommendation to negotiate with Hungenberg BOH Farms for an amount between $42,500 and $50,000. Public Works offered Hungenberg BOH Farms $42,500. Hungenberg BOH Farms countered with an amount of $62,891. Public Works countered with an offer of $50,000 which was the maximum amount authorized by the BOCC. Hungenberg BOH Farms accepted the offer of $50,000. 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 1 M:\ —Active Projects\WCR 66 and WCR 41 Intersection \Design\ROW\Hungenberg \Initial Offer - BOH Parcel\Hungenberg BOH Farm PSA M 2021-2969 t°Iao &c, OO-19 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition Offer for the Hungenberg BON Farms Property DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: August 18, 2021 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 Hungenberg BOH Farms property, which is located on along the north side CR 66 and the west side of 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 29, 2021. The landowner hired Alan Axton to do his 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 $7,800 per acre. The landowner has not provided a copy of Mr. Axton's appraisal. Mr. Vaughn's appraisal estimated the value of the impacts to the Hungenberg BOH Farms property to be approximately $24,811 for 3.181 acres of ROW, $2,379 for 0.61 acres of permanent easement, and $1,410 for 0.904 acres of temporary construction easement. Applying the 30% signing incentive to the value of the land and adding in crop damages ($5,372.00), the initial offer would be $42,500.00 (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 $42,500.00. 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 $50,000. These recommendations allow Public Works to negotiate in good faith with Hungenberg BOH Farms between $42,500 and $50,000. If Hungenberg BOH Farms accepts the offer, Public Works will place the agreement on the BOCC's agenda for approval. If they wish to request more than $50,000, Public Works will return to the Board with a new recommendation. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine App rove Recommendation via entail Schedule Work Session Other/Comments: Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street Po Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: isaineroweldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Wednesday, August 18, 2021 3:30 PM Karla Ford; Mike Freeman RE: Please Reply - Passaround for ROW acquisition on Hungenberg BOH Farm 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. From: Karla Ford <kford@weldgov.com> Sent: Wednesday, August 18, 2021 11:17 AM To: Mike Freeman <mfreeman@weldgov.com>; Lori Saine <lsaine @weldgov.com> Subject: Please Reply - Passaround for ROW acquisition on Hungenberg BOH Farm Importance: High Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: ;ford r welddov.ccr :: www.weidcccv.com **Please note my working hours are Monday -Thursday 7:O0a.m.-5:00p.m.** .a .. d .....ri.......W.4 .. .mom. 1 Page 1 of 53 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HUNGENBERG BOH FARMS, LLLP AND WELD COUNTY, COLORADO +h THIS AGREEMENT is made this cwt.) day of O0-. , 2021, by Hungenberg BOH Farms, LLLP, whose address is 976 N. Balsam, Greeley, CO 80631 hereinafter referred to as "Owner" (whether one or more), and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property containing property interests described in the attached Exhibit A, B and C (Right -of -Way or ROW), Exhibit D (Permanent Easement or PE), and property described in Exhibit E and Exhibit F (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-5 • Exhibit B — ROW Deed of Dedication form, legal description, and depiction of parcel RW-5A • Exhibit C — ROW Deed of Dedication form, legal description, and depiction of parcel RW-5B • Exhibit D- Permanent Easement form, legal description, and depiction of parcel PE -5 • Exhibit E — Temporary Easement form, legal description, and depiction of parcel TCE-5 • Exhibit F- Temporary Easement form, legal description, and depiction of parcel TCE-5A II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Fifty thousand dollars and no cents, ($50.000.00). 4769032 Pages: 1 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII l�� .�lal�l�'Iy�Yi�la'��I'.1' �I II Page 2 of 53 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, B, and C for the sum of Thirty-two thousand two hundred fifty-four dollars and thirty cents, ($32,254.30). b. Owner agrees at closing to sell and County agrees to purchase at closing the Permanent Easement described on Exhibit D for the sum of Three thousand ninety- two dollars and seventy cents, ($3,092.70). c. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easements described on Exhibit E for the sum of three thousand four hundred eighty four dollars and ten cents, ($ 3,484.10). d. Owner agrees at closing that County will pre -pay for 2 seasons of potential crop loss for approximately 4.054 acres of silage corn in the sum of six thousand five hundred eighty three dollars and sixty four cents ($ 6,583.64). e. Owner agrees at closing that County will pay a Cost to Cure in the sum of four thousand five hundred eighty-five dollars and twenty-six cents ($4,585.26) 2. In accordance with the terms of Exhibit A, B, and C, 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 Easement (PE) to North Weld County Water District covering all property described and depicted in, and subject to the terms provided in Exhibit D. Owner shall deliver the fully executed Pes at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants Temporary Construction Easements (TCEs) to the County covering all property described and depicted in, and subject to the terms provided in Exhibit E and Exhibit F. 2. Owner shall not interfere with County's authorized use of the TCEs during the term of the TCE. V. CLOSING 4769032 Pages: 2 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Mill INVOR,MIKLtiI,1ti:'Wd II III Page 3 of 53 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 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 4769032 Pages: 3 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO "III Page 4 of 53 6. Colorado law, rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and/or regulations shall be null and void. In the event of a legal dispute between parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 8. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 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 berg BOH Farms, L LP nature COUNTY dome%) ATTEST: We . ounty Clerk to t e Board Deputy Clk 4769032 Pages: 4 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 id "Ill ©-/3 Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY teve Moreno, Chair OCT 2 0 2021 aZ6.2/_ 02946 9 Page 5 of 53 EXHIBIT A ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-5 4769032 Pages: 5 of 53 10/25/2021 11:33 AM R Fee:$0.00 11111 Carly Koppes, Clerk and Recorder, Weld County , CO Page 6 of 53 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2021, between Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership (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: Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership 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). 4769032 Pages: 6 of 53 10/25/2021 11:33 AM R Fee:$0.0 d County CO Carly Koppes, Clerk and Recorder, iditififig MAIO II III Page 7 of 53 EXHIBIT r ta ..; teatieb casniassmacuvren Zfl 'Si Da SDI iA ♦ ,t toe saw are atIMI O •rfAi4llll► Yfl 01** p 0 en CD - r1 0 CD LA (NI 1. It i ° n N N CD ems it m t Cr? en UU OO =4 p co C) • i Ce Cc O. L� A O U too inn PIET SE1/4. 5E1/4 5.20. TDSN. R65* STA S29463.* OFF. 25.16t Plitt ISTA: 527♦7565 OFF: . 46_bdt STA 5'.54 5f9 Off* S_Z1t RW-5- S5.36O S FA SEE SHUT 2 c 301•' 131:WE "Wry 33654et II a 0 _? 1 r 0 \I 0' a - _ - ir 5V1/4 5'W1/4 5.21. TO6N. R65W O.C. NE. COR. SEC, 29 FOUND 2-1/2' AUMANUU CAP (ILLK1BLE) RIGHT OF WAY ACQUI SI TIO:.' N RWWt5 HUNGENBERG BOH FARMS11 1 LP WELD COUNTY. COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS MICRO 41 RITERSECTION PROJECT See Mx o as ofn v2)21 largar _r 000 kart id 4, 4769032 Pages: 7 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO it'A IA III in Page 8of53 EXHIBIT MCL*4 Nonm 011 akir rM �i .ao..a SE1/4. SD/4 5` 20, TO6N, R65W 0 fel 0 r-yymi 00 LII�. NJ It o �N q • i o rsi m N ear) CA Cc.; M moss wilmw 00 It C) op wet !))t re Ca3 11.1.4 ��W 8 l 114-400 SEtion Une 11,3•00 mot MV. ItAft 1 66 *dr* EXISTING RIGHT -OF- WAY SEE SHEET' 1 STA: 51 9+40.6.3 OFF: 7'8.88'L RW-5 - 65,,360 S.F_f STA. 516+43.6 OFF: 72.73'L N06't9r58" W K10' STA: 515+56.06' OFF: &91'L STA: 515+55.6T - OFF: 64.16' 117.00 0 p WELD COUNTY ROAD 66 & 'MELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 1 f 11' 104 1 i I!!521 ISTIS 62. Al r I g N. LINE NEI /4, NE 1 /4 5.29, TC6N . R6540 i SOO T-- -` ► is S 100 200 FAT i C 4 iti Sae:2021 04‘ 33654 ; • ♦ ♦ ,I • 4t44 L 4 0 Still /4, SW1 /4 Sr. T06N, R6SW P, 0,C, NE COR. SEC..29 FOUND 2-1/V ALUMINUM CAP (ILUGIBLE) RIGHT OF WAY ACQUISITION R1N 5 HUf4GENBERG BOH FARMS LLLP WELD COUNTY. COLORADO �'1 r' 'f r, r WELD COUNTY DEPARTMENT OF PUBLIC WORKS 'NCR 56&41 flTER. liCpl 13.0JECT x =rmcr _ . _=1L Steel = c1 4 4769032 Pages: 8 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO iii rariindiNVI3/4.1ii114i7PNIVILY`bliiirdyillIll Page 9 of 53 EXHIBIT MILL utu Pr PttSL t..sr taw rs- s nuns no to Anima a.Mnies rai in *N L -a :PI i.il:Jr in ID ++fit iltISMACXii: cc cits z LT.] .e.a • fr—Th CD 0 C a C� N C CO CD U 7 103 N a'► rn a' V Ui CC tai CD N N N 6 LU W a O C O Nr CD 4* CC U W OC CO CO w 5E1 /4, SE1/4 5.20, TU6N, R65W* CIA a2.1 G OFF: 25.16'L POE 9W -E R* --5- 65, 360 S.F.i 1 TA 323 3.33 OFF: 73.34'L1 SEE SKEET 2 RIGHT OF IAA ACQUISITION tw HUNGENBERG BOH FARMS Li r= F WELD COUNTY. COLORADO a y S car MITE 1.x.3 IF - ROC.) V D]1' 1304-t 1,10€73' SW1 /4 SW1/4 5.21, TO6N, R65W NE. COR. SEC 29 FOUND 2-1/2• ALUMINUM CAP (ILLICIBLEj WELD COUNTY DEPART -MEN OF PUBLIC WORKS WM 61 41 I MTERSE:CT}CN PROJECT GRAS `• 3sik 1°45107 VW 091 ti2M1 Dratirtry. COG 1 4769032 Pages: 9 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO HI! Page 10 of 53 EXHIBIT Set WET I • - iitaisau 1 ►. apt.. • • Sri t *.j% s. r:OI FS OS .a tits fr.1kw NS r.S Z O r $ 7 r 7 S . -M sE1 /4. SEA/4 S20. TOW 965* PARC. # 0803 2000004 5 sesoc 1t9.0D Latontnie RECD.# 3913192 M: 0 M 0 C 0 ry 0 .a O ") ww UJ oC 0 o0 Cn 1-4 cZ CO w IL (Jo 1 116.03 1174.00 R*— 5 r- 65, 360 SF* .L•19 EW RC LTA. ��Cats d►; OM. 6_i* STA Se S+S .69r\ Off 64.161 a 2 I d► A i I it I t4s11 r- , VhELD COUNTY ROAD 66 & *CID COUNTY 37.2'Si z$ RCA 41 INTx ^t%.", Y r N UNE NE$/4. eNE}/4 S. Tame ft6 11+.:IC —sit.C. '-'41-1".4..:3n, . ?Stc EXISTING -� - RIGHT-C+F- WAY 103 200 lafl:ittr _ as Ate, Se ler 441efilh '! 1'4.1r ye Oa barlatl 33654• • f r swirl /4. sw1 /4 S.21. RS SW P.QC. NE C0R. SEC.29 FOUNO 2-1/2" 410%4141AI CAP (LLucaf) RIGHT OF WAY ACOUISMON HUNGENBERG SOH FARMS LL.LP WELD COUNTY. COLORADO • 4%tilarArt TA roi fees ,•••.ti V WELD COUNTY DEPARTMENT OF PUBLIC WORKS baeoi41 fNTER,,,ECTCN PROJECT Pinta so OA sS aura r.i oct 10ratattar O50 Vert : or s 4769032 Pages: 10 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County , CO 1 I III III Page 11 of 53 EXHIBIT DESCRIPTION A parcel of land, No. RW-E, Weld County, rojec No. CSR 45 containing 65.3&) sq. It (1.5CO acres), rrore or less. being a portion of land described in a deed, reoDrded on February 27TH, 2O13, at Reception Nurroer 39131i-42 in the office of the Weld County Reorder, specifically in a portion of Lai B as described in Ccrection Flat of Recorded Exemption 08O3-2C_-RE318•, recorded January �' 1986 at Re oe ton Number O2O4O1OC, in said once of the 'Weld County Recorder, being in the Southeast quarter of Section 2O, Township 6 North, Range 6E West. of the eth Principal pat Meridian. in Weld County. Colorado, sad parcel being more particularly described as fd lows: COMMENCING at. the corner common to Sections 2O, 21,28 and 2d. Township O6 Forth. Range et5 West, of the 88 Principal Meridian, thence N O1° 13' D4r W, along the East line of said Southeast quarter, a distance of 1,586.75 feet, -.hence S 88= 4e' 56't W. perpendicular to said East line, a distance of 30.OO feet., to the West right of way line for Weld County Rced 41 as described in Right of Way Road Book 1, Page 258, recx riled April 6, 1874 being 00 feet in w d h, 33 'eat on both skies of said East line, and also being copasite and 25.16 feet Left of Engi≤neer's Staton 529+63.10 also being the POINT OF BEGINNING: Thence S 31' 13' C4' E along said West right of wary line. a distance of 1.4Ce.73 feet to the Nort Fne of Lot A, being a parcel of lane described in a Co-ed recorded September 13. 2018 at reception number 4429632 in sad office of the Weld County Reeder, also being opposite and 6.91 feet Left of Engineers aajon 51 5°&3.38; Thence S 823 52' 144W, along said North line, a distance of 57'.25 feet to a point opposite and ► ►1•.1 e feet. Left of Engineer's Station E. 15+55.69; Thence N 06' 19' 58' W, departing said North lire of a Lot A, a distance of 86.13 feet to a point opposite and 72.73 feet Left of Engineer's Station 516+•43.38: Thence N a1' 58' 33'' W, a distance & 2g7.32 feet to a point opposite and 78.88 fee- Left of Engines Station f • 3+4O.O3; Thence N 0r1' O5' 43' E, a. distance of 3e4. 39 feet to a point opposite and 73.34 feet Left of Engineer's Station 23+133.33; Thence N 04' 42' 44' E, a distance of 247.3p feet to a point opposite and 5321 feet Lift of Engineer's Edon 525+5C.E8; 543: Thence N 0O' 45' O8' E, a distance of 224.32 fee: to a point opposite and 46.64 feet Leff: of Engineer's Station 5 +7 e .-: Thence N 05 O8' 34' E. a distance of 188.68 feet to the POINT OF BEGINNING; whence the point of cr�r rrrenaen nut beam SOT 18' GY E. a distance of 1,587.03 ft.. The above described parcel contains 65.363 sq. ft. (1.5OO acres), more or less. RI G HT OF WAY ACQUISITION HL rQGENBERG BOH FARMS L.LLP WELD CXOUN Tt. COLORADO WELD COL' MT•r• DEPARThlENT OF PUBLIC W(Y KS 1 R€6&41 "ATE RSECT1CN'Rai ECT lac*r-fO:7 Steel 3 or 4769032 Pages: 11 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County , CO Page 12 of 53 EXHIBIT DESCRIPTION BASIS Of BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 1 D'45'13' illr fron^ CHARN pant "CDCJT MILE POST 270.44" (a survey disc on aluminum rod} Section 32, Township 5 North. Range 65 West, Sixth P.M., and CHARN point 'HORN (a survey disc set in concrete} Secion 31. Township 7 North, Range 65 'Nest Sixth P.M., as obtained from Global Positioning S m(PS) survey based on the Colorado High Accuracy Network (CHARM, The Basis of Bearings was provided by Weld County tsr use on this prciect. DEdo. geld verified the provided control and aliquot mcnumentaton. and set local control based on said provided data. The Basis of beatings shown here ca. directly '^ provided Weld County data. Gorey G. Guerrero p.L S. 3 654 Fa' arid on t eialt ct licirnacts E'1g1 r=te 567D GrEginArld Ran Date 12 U"i Greenwceci tillage., 00 €011, O1.0 tF ►es _,'2&I2C2 are 1.6.14.1 33654 ► •� b. or )11 a air i thi psloss Ri GHT OF WAY ACQUISITION RW-5 HUIGENGERG BOH FARMS L LF WELD CO U NTY . COLORADO it-vst "its. WELD COUNT DEPARTMENT OF PUBLIC WORKS 111M 66 & 41 INTERSECTION PROJECT cats I°st4 noir Drzwin by: COO 4 c 4 EXHIBIT B 4769032 Pages: 12 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO III FAT kfUlnifiliiit fliNAI N11 Vit ��w� Page 13 of 53 ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-5A 4769032 Pages: 13 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII HUB i I �iliii , iiiI ikViliiii �.G, II II Page 14 of 53 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2021, between Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership (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: Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership 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). 4769032 Pages: 14 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I��I�'��4 haliriallidif� IC II Ni'lliNtil A Ii h Bill EXHIBIT ALL UTILITY NOTIFICATION CENTER OF COLORADO NOP. CALL 2 -BUSINESS DA, ', ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES R STA: 108+72.75 OFF: 53.74'L P O B RW-5A N72°11'27"E 48.59' RC;'J1-�� $1 ,. N01°33'18"W 47.75' STA: 108+74.65' OFF: 6.02'L HUNGENBERG BOH FARMS LLLP PARC. #080320000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT -B RE -818 RECP.# 2040100 SE1 /4, SE1 /4 S.20, T06N, R65W N89'36'05"E 722.10' N85`36'35' V1! 774.68' EXISTING RIGHT-OF-WAY WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 100 RIGHT OF WAY ACQUISITION RW-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY COLORADO RW-5A = 72,457 S.F.± W•C,R. 66 S. UNE SE1/4, SE1/4 S.20, T06N, R65W NE1/4, NE1/4 S.29, T06N, R65W 200 FEET A1/4 iSAr 6ifi r STA: 116+35.01' OFF: 110.041 SO2°25'O2"E -\\ 127.03' I 1 R+49 3X S82° 10'52"E 1,128.59' (to P.O.C.) P.O.C. SE. COR. SEC.20 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 2 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Date: 05/11/2021 Scale: ' Drawn by CGG Sheet 1 z..f 4769032 Pages: 15 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Iiiiitil1/4140O11)Iiklililyil111111 EXHIBIT CALL UTIUTY NOTIFICATION CENTER OF COLORADO CALL 2-BUSNELt, LA•S IN ADVANCE BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES STA: 108+72 76 - OFF. 53.74'L PO.B RW-5A N72' 11'2T'E 48 59' STA 109+18.77' OFF 69 14'L +u. Sr a HUNGENBERG BOH FARMS LLLP PARC.#080320000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT -B RE -818 RECP.# 2040100 SE1/4, SE1/4 S. 20, TO6N, R65W N89 '36'05'E 722.10' N85°36'35"W 774.68' ROW EXISTING RIGHT-OF-WAY WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 RIGHT OF WAY ACQUISITION HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 100 4769032 Pages: 16 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Nl�1l�4 Yet 11�h'�W lR�4WYJIW}NB�, N�lY �� W� liii RW-5A 72,457 S.F.± 66 7- h- -S. LINE SE1/4, SE1/4 S.20, TO6N, R65W NE1/4, NE1/4 S.29, TO6N, R65W 200 FEET STA. 116+35.01' DFF 11004'L S02°25'02"E 127.03' STA. 116+49.33 r, OFF 16.18'R I Roiv S82` 10'52"E 1.128 59' (1O P.O.C.) P.O.C. SE. COR. SEC. 20 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) WELD COUN-Y DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT ;project No GR 45 )ate. 05/11/2021 Drawn by: CGG Scale: 1 '=100' Sheet 1 iii EXHIBIT DESCRIPTION A parcel of land, No. RW-5A, Weld County Project No. GR 45 containing 72,457 sq. ft. (1.663 acres), more or less, being a portion of land described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B of described in Correction Rat of Recorded Exemption 0803-20-4-RE818, recorded January 22 1986 at Reception Number 02040100, in said office of the Welc County Recorder, being in 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 1,126.57 fee:, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 67.50 feet, to the Southwesterly line of said Lot B, and also being opposite and 53.74 feet Left of Engineer's Station 108+72.76 also being the POINT OF BEGINNING Thence N 72° 11' 27" E, a distance of 48.59 feet to a point opposite and 69.14 feet Left of Engineer's Station 109+13.77; Thence N 89° 36' 05" E, a distance of 722.10 feet to the West line of a parcel described in Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder, also being opposite and 110_04 feet Left of Engineer's Station 116+35.01; Thence S 02° 25' 02" E, along said West line, a distance of 127.03 feet to the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded April 7, 1876 being 40 feet in width, 20 feet on both sides of said South line common to said Sections 20 and 29, also being opposite and 16.18 feet Right of Engineer's Station 116+49.33; Thence N 85° 36' 35" W, along said North right of way line, a distance of 774.68 feet to the Southwest corner of said Lot B, also being opposite and 6.02 feet Left of Engineer's Station 108+74.65; Thence N 01'' 33' 18" W, along said Southwesterly line, a distance of 47.75 feet to the POINT OF BEGINNING; whence the point of commencement bears S 82° 10' 52" E, a distance of 1,128.59 feet, The above described parcel contains 72,457 sq. ft. (1.663 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10`45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project DEA field verified the provided control aid 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-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No .3R 4^ Scale: 1"=100' Date: 05/11/2021 Drawn by. CGG fShe.?t 2 of 4769032 Pages: 17 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO PIVISAIIIL110174410 MilligKRIC.401P,Iiiivi 11111 Page 18 of 53 EXHBIT C ROW DEED OF DEDICATION FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL RW-5B 4769032 Pages: 18 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII tPilR'�liria;iiiiti r lel i i R wI Iri1 I' Bill Page 19 of 53 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this _ day of , 2021, between Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership (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: Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership 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). 4769032 Pages: 19 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII EIFJPAIW MO MAIM EXHIBIT :aL .17k.2rr NarVC*rO, cninu os caraloo :As 3a.SK[td WI IN ICIN AINCl INCTORC YOL+ DIG GOWN CO tcei n ragt "'4C SOAKING sr JNEXPODCIACI Waft 4Ri14EL 2 3 114+00 - SE1 /4, SE1 /4 S.20, T06M, R65W a. PARC. +1080320000045 o a O O C N U W ce • W gri ' Loll u 06 o0 W C 01- UO NO2°25 1N 12829' STAB 118+64.44 OFT: 16 ZIR� 116+oa �\ k\I 2 ilSTAB 116#4O.QT OFF 11111 \ 1 / N8Q*36! D5 -E 6.7' STM: 116-=e 6g I 111 S. l -' [OFF: 1. 1 .7 3'L __ 0. _ RW-55 _ 797 5.F.± - Line WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTL, PLAN CENTERLINE 100 td" rt STA. 116+70 •.c. 2 OFF: t6.30'R P.OB. RWY 5B f1t7.00 W.C.R. 66 M. PA isetirr EXISTING f 55'36'35W RIGHT-OF-WAY 5.72' 2O0 F i I 4 IT 1' r kr. V IT K Iw S� 11- S- U NE SE1/4, rn- SE1/4 S.20, t TO6N, R65W rte0 Cr OW- mirs- L &32°06"32'E 326 73' F' IG HT OF WAY ACQUISITION R'IN-5B HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO '"N?X361Alf n aee:Recorder, 4769032 Pages: 20 of 53 10 / 25 / 2021 11 :e33 AMd e:$0.O d County CO Carly K pees C1 III ii)rata IVICWIR I N101,141O k tit 11111 go 8 •-•‘5resi, r' • , i. ,. es 6 0ts 1; iv 6i28i202. o'i 33654 ; r S • d NO1013`044W, 1429.03• i O '204.03 SW1 /4, SW1 /4 S.21, T06N, R65W P.Q.C. NE. COR_ SEC. 24 FOUND 2-1/2 ALUMINUM CA; ( ILL IGIBLE) WELD COUNTY DEPARTMENT OF PUBLIC WORKS %CR O6 & 41 I NTER:SECTION PROJECT otez: G R. 4 •- ' 1 Sale t "- Drawi by SGG Sheet lot 2 4769032 Pages: 21 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII KALI hiATIYMikkiiiikiiIIIIWAIRIfilimi III III EXHIBIT DESCRIPTION A parcel of land, No. RVV-5B. Weld County Project No. GR 45 containing 797 sq. ft.. (0.018 acres), more or Less, being a portion of land described in a deed, recorded on February 27w, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B of described in Correction Plat o€ Recorded Exemption 08 03 -20 -4 -RE E 18 , recorded January 22 1986 at Reception Number 2040100, in said office of the Weld County Recorde being in 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' 3& 35' W, along the South line of said Southeast quarter a distance of 326.12 feet, thence N 04° 23' 25' E, perpendicular to said South Line, a distance of 20.00 feet to 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 or both sides of said South line common to said Sections 20 and 29_ and also being on the west lire of Lot A of said Corection Plat, also being opposite and 16.30 feet Right of Engineer's Station 116+70.15 and being the POINT OF BEGINNING: Thence N 85' 36' 35" W. along said North right of way line.. a distance of 5.72 feet to the East line of a parcel of land described in said Rule and Decree. recorded January 24th. 1888. at Reception Nurnoer 27478 in said office of the Wend County Recorder, also being opposite and 16.27 feet Right of Engineer's Station 116-64.44 Thence N 02D 25' 02" W , along said East line, a distance of 128.29 feet to a point opposite and 111.1 feet Left of Engineer's Station 116+49.97:. Thence N 89° 36405" E, departing said East line, a distance of 6.73 feet to a point on said West line of Lot A, sa'd point berg opposite and 111.73 feet Left of Engineers Station 116+56.69: Thence 5 01° 56' 58e E, a distance of 128.74 feet to the POINT OF BEGINNING: whence the point of corinnencemer bear_ s e2° 06' 02" E, a distance of 326.73 feet ne aboide described parcel contains 797 sq. ft .::0.0.18 acres', n ;ore or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based or a grd bearing of N10*45'1 3'"V'W' iron CHARM point'CD°OT htrLE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 i.%'est Sixth P.M., and CH.ARN 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 (CI-IARN ) Tne Basis of Bearings was provided by Weld County for use or this project. DEA field verified the proviceed control and aliquot rnonurnentation, 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 I -Wracks Engineers 5e70 Greenwood Pte, Suite 125W Greenwccc 'Tillage, CO 80111 1,U0 tl fD ftif ,egiali3/4. I /4 5.'28'202' d1 33654 ; cE i 4769032 Pages: 22 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO iv ju'r "JIA5! Isit liii Page 23 of 53 EXHBIT D PERMANENT EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL PE -5 4769032 Pages: 23 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII P;Ei 4C/ Il i !'iiI3i6 i r r iG�I�'lillciii 11 II Page 24 of 53 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 ofthe 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. 4769032 Pages: 24 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii INPArltIiii4 dihli MIEN' rill !AIM hi1aI "III Page 25 of 53 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: 4769032 Pages: 25 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO tt PM & III III Page 26 of 53 (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 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; 4769032 Pages: 26 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 1ird1.0I411#9:Ni0 1M'II "III Page 27 of 53 (c) Store or dispose of any dangerous, toxic, or hazardous substance on or under the Easement Area; (d) Alter or replace any fence on the Easement Area without the prior written consent of Grantee; (e) Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet at mature growth to grow on the Easement Area, or alter ground level, without the prior written consent of Grantee; (f) Add or remove soil or alter the grade of the land within the Easement Area; (g) Use the Easement Area for any purpose except agriculture without the prior written consent of Grantee; provided, however, the written consent of Grantee shall not be unreasonably withheld, delayed, or conditioned for the following uses: (1) Open space areas with or without landscaping but excluding fences (other than along property lines), retaining walls, and trees; (2) Paved, gravel -surfaced, or unsurfaced local roadways (not arterial roadways); (3) Paved, gravel -surfaced, or unsurfaced parking areas except use involving long-term storage; (4) Paved, gravel -surfaced, or unsurfaced recreation areas (excluding buildings) such as trails, bike paths, basketball courts, tennis courts, volleyball courts; (5) Temporary covers or enclosures not requiring the construction of a foundation and not to be used for long-term storage; and (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. 4769032 Pages: 27 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII 1rJI ' I Pr/JI 'I'IN f�� L4rii !i 101 11111 Page 28 of 53 (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. 4769032 Pages: 28 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO uIII I��'iQl��l�h'I+�lL' �i 1�4'rPld+vl4��C1� �r��'�114�h 1I 111 Page 29 of 53 (h) Abandonment. The District agrees that at such time and in the event that the Improvements or Easement described herein are abandoned by the District and any successor or permitted assignee, the Easement will terminate automatically, and the real property interest represented by the Easement will revert to the Grantor, its heirs, successors and/or assigns. (i) Assignability. It is expressly acknowledged and agreed that the District shall have the right and authority to assign the Easement to any appropriative local governmental entity or to any public utility provider, including but not limited to all rights to use, and all obligations associated with, the Easement as are granted to and assumed by the District herein, subject to such assignee assuming the obligations set forth herein, the District shall have the right and authority to grant temporary construction easements to any appropriative local governmental entity or public utility provider for purposes of construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of the Improvements, subject to all the terms and conditions of this Agreement. [Remainder of page intentionally left blank] 4769032 Pages: 29 of 53 10/25/2021 11:33 AMd R ooee:$OI.0 d County CO Carly Koppes, lerk VIII liriillaldrhfriiiIMAYIIIIKOlik 11111 Page 30 of 53 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2021, by as for WITNESS my hand and official seal. My commission expires: Notary Public 4769032 Pages: 30 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII FAIIIIPIJIAICNIR II II Page 31 of 53 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 4769032 Pages: 31 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII INFJIMlNJ4f Ifill hi bliiii EYftili GWmh Ill II Page 32 of 53 EXHIBIT A Legal Description of Grantor's Property Lot B of Recorded Exemption No. 0803 -20 -4 -RE 818, recorded January 22, 1989 in Book 1100 as Reception No. 2040100, being a part of the SE1/4 of Sect5ion 20, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. 4769032 Pages: 32 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII IIIIIIIIMITM'NIN I ill L�� IlifilttlIONA 111111 Page 33 of 53 EXHIBIT B-1 Legal Description of Easement Area 4769032 Pages: 33 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII litIV M 11'i!Ud1 if'I ISM Cli n01011111 111 Page 34 of 53 EXHIBIT DESCRIPTION A permanent easement, No. PE -S, Weld County Project No. GR 45 �taining 26,577 sq. ft. (0.610 acres).. more or less. being a portion of land described in a deed. recorded on February 27 , 2013, at Reception Number 3913192 in the office of the Weld County Recorder. specifically in a portion of Lot B as described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22 1986 at Reception Number 02040100, in said olce of the '.%'eld County Recorder being in the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6 Pnncipal Meridian, in Weld County, Colorado_ said permanent easement being mare 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 01* 13' 03" W. a distance of 1388.42 feet, along the East line of scOd Southeast quarter, thence S 88° 46' 57" Al! perpendicular to said East line a distance of 60.00 feet. and also being opposite and 55.16 feet Left of Engineers Station 529+64.66 and being the POINT OF BEGINNING Thence Thence Thence Thence Thence Thence Thence 52.3+04. Thence Thence Thence bears S S 01° 13'04" S 04* 42'44" S 01°05'43" S 01O 56' 30" S 490 23' 39" N 01`56'30" E.. a distance of 426.73 feet to a point opposite and 54.40 feet Left of Eng veers Station 525+37.12; W, a distance of 233.96 feet to a pant opposite and 73.34 feet Left of Engineers Station 523+03.33; W. a distance of 364.09 feet to a point opposite and 78.88 feet Left of Engineers Station 519+40.63; E a distance of 10.91 feet to a point opposite and 78.66 feet Left of E r gi neer's Station 519+29.73; W_ a distance of 38.42 feet to a point opposite and 108.15 feet Left of Engineers Station 519+05.11. a distance of 35.70 feet to a point opposite and 1 D8.89 feet Left of Engineer's Station 519+40.81; N 01' 05' 43" E, a distance of 365.83 feet to a point opposite and 103.32 feet Left of Engineer's Statie r 73; 3; N 04` 42' 44" E. a distance of 247.30 feet to a po+.rt opposite and 83.18 feet Left of Engineer's Station 525+52.22. N G0: 45' 08" E. a distance of 224.43 feet to a pa-rt opposite and 7638 feet Left of Engineer's. Station 527+7'.92: N 05` 08' 34" E. a distance of 188.16 feet to the POINT OF BEGINNING; whence the point of commencement 03° 22' 51 ` E a distance of 1,5.6935 feet. The above described permanent easement contains 26.577 sq. ft. (0_610 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 3"W from CHARM point "CDOT MILE POST 270.44" (a survey disc on aluminum rood) Section 32, Township 6 North, Range 65 West, Sixth P.M_., and CHARN point ' H O R.A" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M..., as obtained from Global Positioning Ski stern(G P S) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA, feld verified the provided control and aliquot monumentation, and set local control based on said prop ded data. The Basis of bearings shown here came directly from provided Weld County data. _ r'Q,14 n lr Ocrey '3 Guerrero Pt S. 33854 For a": on alai' c Horrocks Engineers 5E70 Greenwoct Plaza, SLite 12-5 Greenwood V*ae, CO 80111 Es - I Cs Ica 5129:2.^.21 e t � r Is "H • cc 33654 4. PERMANENT E- PMEUiT HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO � .:• WELD COUNTY DEPARTMENT OF PUBLIC WORKS '�ti'CR d+3 & 41 INTERSECTION PROJECT Protect No: GR .5 -s^ OS11/2021 , $ 1 •-1'x' Drawn by CC 4769032 Pages: 34 of 53 10/25/2021 11:33 aMd Recorder. Weld County CO Carly Koppes. Clerk �'I " Wid iAIII4 ' O I ! I ( E ' lik4 1111 Page 35 of 53 EXHIBIT B-2 Depiction of Easement Area 4769032 Pages: 35 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Page 36 of 53 EXHIBIT Cita UYT1LVTY MOT≥FCATION CANTER Of COldtA00 cat 34101111011 0*11 a ADDaw,C[ ..K,vYOU DO, GRADE,Olt DielfdArt we 1Q St ns.c Or UV DelbasOUC Ewa flirts z 5 aLm, O O O O N C1 O co O L ce N Cfl 7-1 M W Ce O M o O O N � N N N .a o V w LLJ W C:C CI co rl as °) m 0C � 0 I- VO J i P.Q.C. NE. COR. SEC.29 FOUND 2-1/2' ALUMINUM CAP (ILLIGIBLE) SE1/4, SE1/4 S.20, N05'08•34 -E 188.16 - TOM, R65W PE -5 = 26,577 S.F.± sTa: 5z7+n_ez' OFF: 70.58'L STA_ 525+5212' OFF: 83.181 f STA: 525+3712' OFF: 54.401 SEE SHEET 2 0 100 200 FEET e 8 4 g C I Sel°13'04-E 42073' 1 g 1 it 2319 ' . a E 1 4 1 0 L ov toiti. 4740 6(28(2021 a', 33654 • - No 7 _ - of A la scH or • 4444 SW1/4 S.21, T06N, R65. w'iv .O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) PERMANENT EASEMENT PE -5 HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS W'CR 661i 41 INTERSECTION PROJECT P -c. ►_A:17 F. -= 5c is 1'-10C' bin:=, 1 CD'.i/, 1 t'f OGG 'Sheet ' of _ I 4769032 Pages: 36 of 53 10/25/2021 11:33 AMd RecorderFe$O.00 O Weld County CO Carly Koppes: Clerk a ilk' I I UI Page 37 of 53 EXHIBI i CIChfratl C tila"ru ii‘PMilk. AM leak ale WAG Loin 04 ADSACT Mai 'VOL' OIG GRADE CS CC.' 4T! SOW Pti it .iaAtaAGUN + WIMP inns P RC. #080320000045 RECP.# 3913192 CD en 0 rsi 14. Nzt N 1 0 J ' UJ W CI co Ln on Lii ■ co O F— u r f i p 7 5E1 /4, S+E 1 /4 5.20, 1405`O534"E 18&16' TOSN, R65W PE -5 _ 26,577 S.F.± STA. 527+77.Q_ OFF • SEE SHEET 2 1OD 20 L J0 1O s _S01°13'04"E 428.73' .504347441N 233.9@' I SibNV M ,,,, di t:a .- 6 �4� till ev I p4 e IIOU 5O8O021 dt 33654 I f a. t • I. 4,4 ``a I t�, : 0 LI SW 1/4 5.2t TO6N, R65W • .0.C. NE. COR. 5EC.29 FOUND 2-1 /2' ALUMINUM CAP (ILLICIBLE) 4769032 Pages: 37 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County CO 1111 Page 38 of 53 EXHIBIT CML it MISTY NOT,CATION CCI(TtR Of COLO O alit IMAMS* DAYS N ROWER SCRS VW DIO, OAAOR. OR awn 1115 WOO UNOOROROUND NEMO MUTES SE1/4, SE1/4 S.20, T06N, R65W 0 0 c4 mCI) gx 0 100 U-) 0 0 O 0 O N O CO O 4* t3 ce C C - N r--4 en r-# a M U W CO vai 0 N N N C L!J LlJ I in d r..) CC DC O U 0 0 0 it a.. U w CO Co w cL m O J i a i 200 FEET i SEE SHEET 1 STA: 52.1+04.73'F-- OFF: 103.3211 STA: 523+03.33' OFF: 73.34'L PE -5 = 26,577 S.F. STA 519+40.83' OFF: 78.88'L STA 519+40.81' OFF: 108.8W'L b z STA: 519+05.11' OFF: 108.151 0 S49'23'3®'W 38.47 STA: 519+29.73' OFF: 78.601 PERMANENT EASEMENT PE -5 HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO ' 186 1 i 8 gT T 8 8 sl i ot-ler,4 0 itc;-,Aak, 6 'a ir�4'iG Gut ener2o7 a o', I 33654 4 a l ` . a �. �' VRJ • 40 I u ss jt s 9 AL I' SW'1 /4 S.21, TO6N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 88&41 INTERSECTION PROJECT P-ciect No: GR 4 5:44 -nc' DS C6(11,202' Drasm by CGG Sheet 2 of Pages: 38 of 53 0 4769032 R Fee:$0.00 g,0 . 10/25/2021 11:33 AM S. Clerk and Recorder, Weld County r 1 KopPe iVAdvielaW4.Htioi, ,I III Ca Y�IIIl��a� Page 39 of 53 EXHBIT E TEMPORARY EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL TCE-5 4769032 Pages: 39 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill reRR�r �� arn�i r� � a��ar A:ti i i Bill Page 40 of 53 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg BOH Farms, LLLP, a limited liability limited partnership, (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. 4769032 10/25/2021 11:33 All R Pee $0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Igal? he lietilffiliali ll klilliMililivi II II Page 41 of 53 GRANTOR: Hungenberg BOH Farms, LLLP, a limited liability limited partnership By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by as for Hungenberg BOH Farms, LLLP, a limited liability limited partnership. Witness my hand and official seal. Notary Public 4769032 Pages: 41 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County , CO lIII lgrd1'I NOIiWitlYi JIP I. ilk liKihaliii Bill Page 42 of 53 EXHIBIT rs+ wale* "Lb COI11111411. '24 03:21h*d' .:i4 Ilit IM Sfl £P L/l..44*1M'C81fi: IBS Litt MO ST.4L 108+7190 .90 Oft: 101D241 , NB3`2641' E 41.60' LTA: 1 *+P+ lL..4" CfF. 101.05"_ 9011:143TE 13.61 *T t 1 OFF c 4.J 11TE 2.E0 STA: 109+15c34 nF" ?, 4 HUNGENBERG BOH FARMS LLLP PARC.#080320000045 20000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT- B RE -818 RECP.# 2040100 SE111 E1 /4 TC*.EN, 86544 /e. ://e r . / f arde it/ l r' t std 109+1.3. i• -TCE-5 = 39,831 F -scat 48,5171 �►..+ '11 112*Q .'tn. 1131472 7E' OFF. 53.74 WAte 100 WELD COUNTY ROAD 66 4 *VELD COUNTY ROAD 41 IND:. PLAN CENTERLINE CV,- TEMPORARY CONSTRLCTI ' 1 EASEMENT HUNOENBERO BOH-! FARMS LLLP WELD COUNTY, COLORADO .4.- •,e' di t „A A. I l'03`23455 -9•V 6C'. r . i ' { i f~ .. ^. +fT F. 1 3F: 11171 ACyYM�—w._ f r a a $' st T& 4, 16+17 .54“--% OFF 263,091 f TY f rz f l r . r df i r rd 114+CC _` 'ACC R. 66 S. LINE 5E! SE1 /4 S.20, TC€N. RE5W EXISTING RIC1-IT- ter -WA Y I E1/4, NE1/4 5.29, TO6N. R65W r-. r212'E 154.W — 1 TA_ 1 Er- OFF: 110 G4t D E. ;6`3T3E"E ► a , (1):1 P. C.) 1ce s-- — am._ ate. r dm. / 1;+ n! F-- — P. O. C. SE. OCR., 5EC.2C1 FOUND 2-1/2" ALUMINUM CAP (ILLEGIEILE) 4 ZJ rot'' .+` au` 4'6 4, s st2v2i2f 33654 ; L + Nit A WELD COUNTY DEPARTMENT OF PUBLIC WORKS MR E6 Si 41 TERSEC11ON PROJECT -t:i t_'". EL- Sok 1'-1L ' L.4 F v , v4? Ci &'eet 1 or 4769032 Pages: 42 of 53 10/25/2021 11:33 AM R Fee: $O.0ld County CO Carly KoRpes, Clerk and I 1111 Page 43 of 53 EXHIBIT HTJNGENBERG BOH Ca.. utzoir set. __.Smrinc bs*ci4 "Limy flak cat a1:7 rip -API rt. ale= * uit<.7Mi7Ol1PC Sit Littt1t11 Col 1 1 STA : 109+71SC f � : 100+ A1_ / 1438•16'41t 41.&r STk 1 t9+ 124T C7EF. 101.551_ t ,-S01'043TE 13.61 TA.: 109+1290' OFF 3&2$2 / .1127E 2.6U Stitt 104+18. OFF: 59.14E S7211 48,57 ►try mow► fcAPil 1'33181A1 45.54' — ft.,"'"'-- Way — 'T/. 1 C6+72.7641 OFF • 53.741 WELD COUNTY ROAD -j 66 & WELD COUNTY ROAD 41 INTX_ PLAN CENTERLINE FARMS LLLP PARS_ . # 080 3200000►45 RECP.# 3913192 CORR. B&S DEED 2-27-2013 LOT -B RE -818 R. EC P. 2040100 '11460 5E1/4, SE1/4 S.20, TG6iN R65* N9f'-36115"t 71.( 2.1; ETA_ ' 14+x.5 OFF 19Q.471. Werra "a NAM T& 1144 11.37 3FF: 11.2.71.E s''` i Ct a 722.10) - TCE— 5 = 39,831 S -F.± t12*00 �ri�a. qty 22CC FEET 113*tlCj 11 4 maw— kra W-C~R- 66 oats_ ftww r�►-� J S. USE SE! /4, - (.71E1 /14 S.20, TAN, R65W EXISTING RICHT- DF-WAY NE1/4, NE1/4 S.29, TO6N, R6 SW tifr+p0 I. — 7e Cs} r 412 f0 7 SC12.S25t7'E 15412 OFF rT w, 2L�3. Co - 1-- STA. 116+3SA ' OFF: 11 1_ P.0! 8. .- r S€ -337'3€'E 39C_ 3';' �,bo .CZ.C. 118.,0: Wig P.0.0. SE GOR . SEC 20 FOUND 2-1/2" ALUMINUM CAP (I LLECIBLE) }r cat;Chi :4:71 laCctl It 111,1 + t 33654 ; a 1 / Co N1/41.(to 1/4: empi a r' k sa I TEMPORARY CONSTRUCTION EASEMENT TcE-E I-RJPIGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS 1'CR66&41 N ::RSEC1 ON PROJECT erect iko: GR hS I &AK 1'-100' 'Draw by,: COG I Ott 1 or 3 4769032 Pages: 43 of 53 10/25/2021 1C1:3 aMd Recoeder$,0We0d County , CO11111 Kifil? lig.1141%11/2415*000%101110iii ,IIII Carly KopPes, Page 44 of 53 EXHIBIT U ESCRIPTION A temporary construcian easement, No. TCE-5, Weld County Project No. GR 45 , ntaining 39,831 sq. ft. i'0.914 acres:, more or less, being a portion of land described in a deed, recorded on February 27 2013. at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion oL Lo: B of described in Correction Plat of Recorded Exemption 0803-20.4-RE813, recorded January 22 1986 at Reception Number 02040101 in said ofo a of the Weld County Recorder. being in the Southeast quarter of Section 20, Tatelship 6 North, Range ?5 West of the 6 Principal Meridian, in Vileld County. Colorado, said temporary construction easement being more parbculariy described as follows: COMMENCING at the corner common 'jo Sectons 2C, 21,28 and 29, Township De North, Range ea Wes.:. of the e th Princ aI thence N 85= 36`3,x+' W, along the South line of said Southeast quarter, a distance of 362.CU feet, thence N 04° 23' 5" E, perpendicular to said South The, a -distance of 1415.13 to the East line of a parcel described in a Rule and Decree, re crde+d January' 24th, 1888, at Receptor Nur`-ber 27478 in said off of the Weld County Recorder. and also being opposite and ' 1 C £4 'eet Let of Engi peer's Station 116+35.01 and being the POINT OF BEGINNING: Thence S 89° 36' Be" W, departing said East line, a distance of 722.1C, fee: to a point opposite and 69.14 feet Left of E r `; its Station 1C0:44-18.77: Thence S 72° 11' 27" '/V, a distance of 48.59 feet to the Southwest line of said Lat B as descrbed i n Correction Plat of Recorded Exempt+on CrBCS-204-R E91 B, recorded January 22 16 at Reception Number 020401CO, in said office of the Weld County Recorder, ,also being opposite and 53.74 feet Left of Engineer's Station ' 08+72.76: Thence N 31' 3:3' 18" 'It along said Southwest line, a distance 0.'46.54 'eet, also being opposite and 1C0.24 feet Left of Engineer's Station 1 C8+70. SC: Thence N 88° 26" 41'' E. a distance of 41.eO feet to a pant opposite and 101.8E fee-: Left of Engine -'s Station 139+12.47 Thence S 01° 04' 32" E, a di szance of 13_+61 feet to a point opposite and 88.24 fee: Left of Engineer's Station 129+12.c.40: Thence N 724 1 V 27' E, a distance of 2.6C fee: to a point opposite and 89.07 feet Left of Engineer's Station 1C9+15.34: Thence N 89'° 3,3" 0 ' E, a distance of 5C2.01 feet to a point opposite and 11171 feet Left of Engineer's Station ?'4+11.3 Thence N 01? 23" 55' E, a distance of BG.CO feet to a pant opposite and 192.49 fee: Left of Engineer's Station I 14+05.56: Thence N 75° 41423' E, a distance of 224.33 feet to said East line. also being opposite and 263.09 feet Left of Engineers. Station 116+17.64; Thence S 02° 25' 02" E, along said Fast I ine, a distance or 154.02 feet to the POINT OF BEGINNING; whence the pant cf commencement bears S eat ST 36' E. a distance of 393.39' feet The above described temporary oonsrucion easerrent =attains 39,831 sq. ft. (0.914 acres;r, more or less. TEMPORARY CONSTRUCTION EAS EMENIT TO=-: HUNGENBERG BOH FARMS L�LF WELD COUNTY. COLORADO rick 4- WELD COUNTY UEPA.RT141EN OF PUBLIC 'AIORtr:S 'VCR & 41 kCEME-CTION PROJECT cr_ae_i NO CR hE si4t io:' rr V . CC. V •v"Ct + or 3 4769032 Pages: 44 of 53 10/25/2021 11:33 AM P Fee:$0.0 Weld County CO Carly KopPeS : Clerk and Recorder 111111 �r hi lb Iii i Page 45 of 53 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 1 C 45' 131" from CHARN poinit'C OT MILE POST 270.44" (a survey disc on aluminum rod) Section 32. Township d North, Range 65, West, Sixth P.M., and CHA.RN point "I RA" (a survey disc set in concrete) Section 31, Township 7 North, Range 6E West, Soh Plit, as obtained from Global Positioning Syrs er'i: GPS} survey based on the Colorado I -sigh Aar: uracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided oxmrol anc aliquot rnonurnerran, and set local control based on sad provided data. The Basis of bearings shown here came dl ' from provided Weld County data._ Core) Gtierriaro PLC 3+.FZ.eA F'Or arid cc Delta Engfieers 5670 Gists -wood Pin &Me AMIN t k visage, 03 84111 ck. 446 trek sir tvil 5)261/217.421 33654 ; G� l J►. `�' 1 k e+ S , ,.. rf Wel" t:1/411 TEMPORARY CONSTRUCTION EIS EMENT HUNGENBERG B CH FARMS LLLF WELD COUNTY. COLORADO .WELD t;O•J t4TY DEPARTMENT OF PUBLIC W:S INCIR66&41 4TE f ECTFON PFtOJECT �.. n. tic. UR 45 St 1'=1cc 351 10:Q1 'Omar COG I Sereet 2 or 4769032 Pages: 45 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Kopper. Clerk and Recorder, Weld County , CO iiii��1�'S4WZal�9'I�h �}�ihY�1l4Y�V0lYi{�W��Wv� �iiu Page 46 of 53 EXHBIT F TEMPORARY EASEMENT FORM, LEGAL DESCRIPTION, AND DEPICTION OF PARCEL TCE-5A 4769032 10/25/2021 11:33 AM R Fee•$0.00 uIII ktll;tilii:i'lii Iic k'' �i iiiii chilli lti IIIIII Page 47 of 53 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg BOH Farms, LLLP, a limited liability limited partnership, (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. 4769032 Pages: 47 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Page 48 of 53 GRANTOR: Hungenberg BOH Farms, LLLP, a limited liability limited partnership By: Title: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by as for Hungenberg BOH Farms, LLLP, a limited liability limited partnership. Witness my hand and official seal. Notary Public 4769032 Pages: 48 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III WrMM1Nlitaffl LI M OM 11441 g NM 5 III Page 49 of 53 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 PARC. # 0803 20000045 100 O M o 0 N O N N Ch N 4* N (en p U M III W W CC 1* O co CL uo U CO Ili m W . oC CC (11 o I— UO I T r 0 r 200 FEET r' LOT B RE 818 SE1 /4, SE1 /4 S.20, T06N, R65W STA 529+64 27' OFF 45 16'L S88°02'07"E 20 03' STA 529+63.10' OFF. 25.16'L P O B TCE-5A N05°08'34"E 188 33' S05°08'34" W 188.68' STA. 527+77 16' OFF: 66.60'L STA: 527+75.65' OFF 46.64'L N00`'45108"E 224.40' STA. 525+51.67' OFF: 73 19'L STA: 525+50.56' me 53 21'L TCE-5A 35,026 S.F.± N04°42'44"E 247.33' STA: 523+04.26' OFF. 93.33'L STA. 523+03.33' OFF 73.34'L N01 `05'43"E 365.25' SEE SHEET 2 4/ S00°45'08"W 224.32 C) M ti N C 0 CO C) 0 cD Cr) SO1 °05'43"W i 7 O N O a N O 0 n C K N01°13104"W, 3'04"W, 2429 r4 c4 U 3 i SW1 /4 SW1 /4 S.21, TO6N, R65W E. LINE SE1 /4, S.20, T06N, R65W S02' 18'03"E •1,587.03 (to P.O.C.) i Section Line i WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 4769032 Pages: 49 of 53 0.00 CO 10/25/2021 1Cle k AM R coeds $� Weld County , iii Carly Koppes,Wilii Page 50 of 53 CALL untrrr NOTlFICAnoN CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUNC MEMBER UTILITIES S89`35'05"W 6.73' - EXISTING RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 117+Ou EXHIBIT SEE SHEET 1 SE1 /4, SE1 /4 S.20, TO6N, R65W N01.05'43"E 365.25' STA 519+40.75' OFF. 98.89'L LOT B RE -818 TCE-5A 35,026 S.F.± STA 515+55 69' OFF: 64 16'L N42' 53'36"E 92.75' w ao _ o oD ce IIcC) 1U) S88`52' 14"W 237.00' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE LOTA RE -818 '18+00 4769032 Pages: 50 of 53 10/25/2021 11:33 AMand RecorR der,00 County CO Carly Koopes, ClerkWeld � liii I MCAT WIN Ntiltik4 200 FEET EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 ' ( WELD COUNTY ROAD 66&WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE SW1 /4, SW1 /4 S.21, TO6N, R65W E. LINE SE1 /4, S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1 /2" ALUMINUM CAP (ILLIGIBLE) ROy,' ROW 1 R0,1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roject No GR 4 5 ate: 08/17/2021 Drawn by CGG Scale: 1 =100' Page 51 of 53 • EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKt4G OF UNDERGROUND MEMBER UTILITES PARC. # 080320000045 fl 1 0,0 RECP.# 3913192 O re') ' ! O O O 71 - CD Cv N N # p U W W W CC C 00 (I) 7-4 0] W . CY OIL U I 200 FEET S -s r z LOT B RE -818 STA: 529+64 27' OFF: 45.16'L S88°02'07"E 20.03' STA. 529+63.10' OFF: 25.16'L P O B TCE-5A N05°08'34"E 188.33' S05°08'34"W 188.68' STA: 527+75.65' OFF: 46.64'L SE1/4, SE1 /4 S.20, TO6N, R65W N00°45'08"E 224.40' STA: 525+51.67' OFF: 73.19'L STA 525+50.56' OFF 53 21'L TCE-5A = 35,026 S.F.± N04°42'44"E 247.33' STA: 523+04.26' OFF 93.33'L N01 °05'43"E 365 25' SEE SHEET 2 V N ,) N N N 0 i 0 13 O 3 n 0 0 0 O V r N01°13'04"W, 2429.03 1 I SW1/4 SW1/4 S.21, T06N, R65W E. LINE SE1 /4, S.20, T06N, R65W l S02° 18'03"E 1,587 03 l (to P.O.C.) WELD COUNTY ROAD I66 & WELD COUNTY ROAD 41 INTX. PLAN o CENTERLINE Section Line i x EXISTING 6O' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) TEMPORARY CONSTRUCTION EASEMENT TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR Scale: i - Date: 08/17/2021 bDrawn Dy COG • 4769032 Pages: 51 of 53 10/25/2021 11:33 AMA P Fee $0.00 O d County CO Carly Koppes, Clerk a i N:'L'Ii II VIMAM Page 52 of 53 EXHIBIT DESCRIPTION A temporary construction easement, No.TCE-5A, Weld County Project No. GR 45 containing 35,026 sq. ft. (0.804 acres), more or less, being a portion of land described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B as described in Correction Plat of Recorded Exemption 0803-20 4 RE818, recorded January 22, 1986 at Reception Number 02040100, in said office of the Weld County Recorder, being in 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 01° 13' 04" W. along the East line of said Southeast quarter, a distance of 1,586.75 feet, thence S 88° 46' 56" 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, also being opposite and 25.16 feet Left of Engineer's Station 529+63.10 also being the POINT OF BEGINNING; Thence S 05' 08' 34" W, a distance of 188.68 feet to a point being opposite and 46.64 feet Left of Engineer's Station 527+75 65; Thence S 00` 45' 08" W, a distance of 224.32 feet to a point being opposite and 53.21 feet Left of Engineer's Station 525+50.56; Thence S 04, 42' 44" W, a distance of 247.39 feet to a point being opposite and 73 34 feet Left of Engineer's Station 523+03.33; Thence S 01 05' 43" W, a distance of 364.09 feet to a point being opposite and 78.88 feet Left of Engineer's Station 519+40.63; Thence S 01' 56' 30" E. a distance of 297.32 feet to a point being opposite and 72.73 feet Left of Engineer's Station 516+43.38; Thence S 06° 19' 58" E. a distance of 88.10 feet to the North line of Lot A, being a parcel of land described in a Deed recorded September 10, 2018 at reception number 4429632 in said office of the Weld County Recorder, a so being opposite and 64.16 feet Left of Engineer's Station 515+55.69; Thence S 88° 52' 14" W, along said North line, a distance of 237.00 feet being opposite and 111.70 feet Left of Engineer's Station 116+56.69; Thence S 89° 35' 05" W, along said North line, a distance of 6.73 feet to the East line of a parcel of land described in Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder. also being opposite and 111.21 feet Left of Engineer's Station 116+49.97; Thence N 02" 25' 02" W, along said East line, a distance of 20 01 feet to a point opposite and 131.01 feet Left of Engineer's Station 116+47.73; Thence N 88° 52' 26" E, departing said East line, a distance of 151.75 feet to a point opposite and 156.72 feet Left of Engineer's Station 515+75.08;. Thence N 42' 53' 36" E, a distance of 92.75 feet to a point opposite and 92.71 feet Left of Engineer's Station 516+42.19: Thence N 010 56' 30" W, a distance of 298.62 feet to a point opposite and 98.89 feet Left of Engineer's Station 519+40.75; Thence N 01° 05' 43" E, a distance of 365.25 feet to a point opposite and 73.34 feet Left of Engineer's Station 523+04.26; Thence N 04° 42' 44" E, a distance of 247.33 feet to a point opposite and 73.19 feet Left of Engineer's Station 525+51.67; TEMPORARY CONSTRUCTION EASEMENT TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUB_IC WORKS WCR66&41 INTERSECTION PROJECT Scale: 1 '=100' Sheet 3 of 4 4769032 Pages: 52 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III MlX111+�I�d�6iNL64YN41kV4�tihW'l�hik�i��IrW� 1111 Page 53 of 53 EXHIBIT DESCRIPTION Thence N 00° 45' 08" E, a distance of 224.40 feet to a point opposite and 66.60 feet Left of Engineer's Station 527+77 16 Thence N 05° 08' 34" E, a distance of 188.33 feet to a point opposite and 45.16 feet Left of Engineer's Station 529+64.27 Thence S 88° 02' 07" E, a distance of 20.03 feet to the POINT OF BEGINNING; whence the point of commencement bears S 02' 18' 03" E, a distance of 1,587.03 feet. The above described temporary construction easement contains 35,026 sq. ft. (0.804 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 airectly 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-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT •rolect No OR 45 Scale: 1"=100' Drawn by CGG Sheet 4 of 4769032 Pages: 53 of 53 10/25/2021 11:33 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO New Contract Request, Entity Information�' Entity Name* Entity ID* HUNGENBERG BOH FARMS LLLP @00044639 Contract Name* HUNGENBERG BOH FARMS AGREEMENT FOR PURCHASE OF ROW Contract Status CTB REVIEW ❑ New Entity? Contract ID 5321 Contract Lead* CKIMMI Contract Lead Email CKimmi@co weld co us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PURCHASE AND SALES AGREEMENT FOR ROW, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS ON THE HUNGENBERG DOH FARMS PROPERTY - CR 66 AND CR 41 PROJECT Contract Description 2 Contract Type* AGREEMENT Amount* $50,000 00 Renewable* NO Automatic Renewal NO Grant NO IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO WELD CO US Requested BOCC Agenda Date * 10/20/2021 Due Date 10/16/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept_ to be included? NO ' 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 ',Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 10/18/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/20/2021 Originator CKIMMI Review Date 10/14/2021 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 12/31/2023 Contact Phone 2 Contact Phone 1 Purchasing Approved Date Finance Approver BARB CONNOLLY Finance Approved Date 10/18/2021 Tyler Ref # AG 102021 Legal Counsel BOB CHOATE Legal Counsel Approved Date 10/18/2021 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Friday, November 5, 2021 7:00 AM CTB Clayton Kimmi Temporary Construction Easement Additions to File 2021-2969 TCE-5A Packet.pdf; TCE-5 Packet.pdf Attached are two temporary construction easements that need to be added to file 2021-2969. The Board does not need to sign them and they do not need to be recorded. 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. n Se_n+ Acte,ncLk. ///ii o/y/ II/so/DI Goal - ac Cog £Goo79 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg BOH Farms, LLLP, a limited liability limited partnership, (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. Page 48 of 53 GRANTOR: Hungenl BOH Fa -ms, LL ' i'j limited B' Title: STATE OF COLORADO ) ss. COUNTY OF WELD ) ed partnership The foregoing instrument was acknowledged before me thia31C4 day of tSVC,n , 2021, by as G ,,,k,Q 4.11e„,- for Hungenberg BOH Farms, LLLP, a limited liability limited artnersl ip. Witness my hand and official seal. Notary Public KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 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 TEMPORARY CONSTRUCTION EASEMENT TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO EXHIBIT STA; 529+64 27' OFF. 45 16°L S88°02'15"E 20.03' LOT B STA. 529+63 10` RE -818 OFF 25.16°L P O:B TCE-5A N05°08'34"E 188,33' S05°08'34"W 188.68' rTA: 5>7+7565'-✓ OFF 'L SE1/4, SE1/4 S.20, TO6N, R65W N00°45'08"E 224.40' STA: 525++51.67' ` OFF: 7319'L STA: 525+50,56' - OFF: 53 21'L TCE-5A = 35,026 S.F.± N04°42'44'E 247.33' SEE SHEET 2 SW1/4 SW1/4 S.21, TO6N, R65W E. LINE SE1 /4, S.20, TO6N, R65W j_- -- WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD -814 1, PG 258 APRIL 6, 1874 P.O.C. NE. OCR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by: CGG CSheet 1 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 MEMBER UTILITIES 114+00 Ro]v---ROVV. Section ROW-. 115+00 ROW -........pr; ne M O N 0 LLI 0 U, di 0 U O O o rl o d W oo OD Lu t 0 J STA: 116+49 97`' L. OFF: 111.21'Lxr S89°36'05"W 6.73' [ST -AT -116+56 ,69' OFF: 1117GL 116+00 { RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT 200 FEET TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO EXHIBIT SEE SHEET 1 SE1/4, SE1/4 S.20, TO6N, R65W N01°05'43"E 365.25' LOT B RE -818 TCE-5A = 35,026 S.F.± N01°56'30"W 298.62' ISTA 516+4338` OFF: 72.731 !TA: 516+42.19' OFF: 92 71'L fSTA: 615+55.69' i OFF: 64 16'L N42°53'36"E 92.75' S. 118+47 ,73' OFF: 131.01'L -N02°25'02"W 20.01' STA: 515+75 08' OFF: 156 72'L N88°54'27"E 151.75' S88°52'14"W 237.00' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN EN TERLI NE 117+00 LOT A RE -818 118, N. LINE NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE SW1/4, SW1/4 S.21, TO6N, R65W E. LINE SE1/4, S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) ROW-- ROW---_. ROY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 t0: 08/17/2021 Drawn by: CGG Sheet 2 of 4 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 g:4 w'1) m 0 0 L N0 o N N Q ,--4 O M N• GL (NJ cry pU W oo Q 00 co 021 op m W UO J 0 100 x 200 FEET F LOT B RE -818 SE1 /4, SE1 /4 S.20, TO6N, R65W STA: 529+64.27' OFF: 45 16'L S88°02'15"E 20.03' STA: 529+63 10' OFF: 25.16'L P.O.B TCE-5A N05°08'34"E 188.33' S05°08'34"W 188.68' STA: 52"7+77.16' OFF: 66.60'L STA: 527+75 65' OFF 46 64'L N00°45'08"E 224.401 STA: 525+51.67' OFF 73-19'- STA: 525+50.56' OFF: 53.21'L TCE-5A = 35,026 S.F.± N04°42'44"E 247.33' STA: 523+04 26 OFF :3.33'i STA: 523+03.33 OFF: 73,,.4'L1 N01 °05'43"E 365.25' SEE SHEET 2 WELD COUNTY DEPARTMENT OF PUBLIC WORKS 0 01 N N A 0 0 • U o 0 O 0 SW1 /4 SW1 /4 S.21, TO6N, R65W E. UNE SE1/4, S.20, TO6N, R65W S02°18'03"E 1,587.03' r(to P.O.C.) Section Line WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) TEMPORARY CONSTRUCTION EASEMENT TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 4 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 O co 114+00 115+00 ROW R Section Line tow-- ROWS ROW W.C.R.. 66 N85°36'3.8"w ROWROW ROWS RO•"•---- - ROWWROW EXISTING RIGHT-OF-WAY 100 TEMPORARY CONSTRUCTION EASEMENT TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO RECP.# 3913192 STA: 116+49.97'; OFF: 111 21'€. l S89°36'05"W 6.73' STA: 116+St.6£ OFF: 111.70'L SEE SHEET 1 SE1/4, SE1/4 S.20, TO6N, R65W N01°05'43"E 365.25' STA: 519+40 ii 3'! OFF. 78.88'L STA. 519+40 75' OFF 98.8YL LOT B RE -818 TCE-5A = 35,026 S.F.± N01 °56'30"W 298.62' STA 516+43,38' 72 7,:(1.1 STA 515+55 OFF: 64.16 N42°53'36"E 92.75' tSTA' 116+47 73' TOFF 1:11.01'L N02°25'02"W 20.01' 'A: 515+75.08 OFF 156 72'L N88°54'27"E 151.75' S88°52'14"W 237.00' WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN ENTERLINE N. LINE NE1/4, NE1/4 S.29, TO6N, R65W'` N w w co O to co LOT A 116+00 117+On RE -818 118+00 119+00 ROW- ROW --� OYrw-.....� ROW------ ROB., 1 RO ROW ROW ROB"'---- ROW 200 FEET EXISTING 6O' RIGHT-OF-WAY RD—BK 1, PG 258 APRIL 6, 1874 WELD COUNTY ROAD 66 Sc WELD COUNTY ROAD 41 INTX. PLAN 't CENTERLINE U 2 1 U, f Ir) i ROW- — RO SW1 /4, SW1/4 S.21, TO6N, R65W E. LINE SE1/4, S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 121+00 ROW--- ROWS_ ROY ROW----- ROWS ROY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT roject No: GR 45 Date: 08/17/2021 Drawn by: CGG Scale: 1"=100' Sheet 2 of 4 EXHIBIT DESCRIPTION A temporary construction easement, No.TCE-5A, Weld County Project No. GR 45 containing 35,026 sq. ft. (0.804 acres), more or less, being a portion of land described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B as described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22, 1986 at Reception Number 02040100, in said office of the Weld County Recorder, being in 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 01° 13' 04" W, along the East line of said Southeast quarter, a distance of 1,586.75 feet, thence S 88° 46' 56" 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, also being opposite and 25.16 feet Left of Engineer's Station 529+63.10 also being the POINT OF BEGINNING; Thence S 05° 08' 34" W, a distance of 188.68 feet to a point being opposite and 46.64 feet Left of Engineer's Station 527+75.65; Thence S 00° 45' 08" W, a distance of 224.32 feet to a point being opposite and 53.21 feet Left of Engineer's Station 525+50.56; Thence S 04° 42' 44" W, a distance of 247.39 feet to a point being opposite and 73.34 feet Left of Engineer's Station 523+03.33; Thence S 01° 05' 43" W, a distance of 364.09 feet to a point being opposite and 78.88 feet Left of Engineer's Station 519+40.63; Thence S 01° 56' 30" E, a distance of 297.32 feet to a point being opposite and 72.73 feet Left of Engineer's Station 516+43.38; Thence S 06° 19' 58" E, a distance of 88.10 feet to the North line of Lot A, being a parcel of land described in a Deed recorded September 10, 2018 at reception number 4429632 in said office of the Weld County Recorder, also being opposite and 64.16 feet Left of Engineer's Station 515+55.69; Thence S 88° 52' 14" W, along said North line, a distance of 237.00 feet being opposite and 111.70 feet Left of Engineer's Station 116+56.69; Thence S 89° 35' 05" W, along said North line, a distance of 6.73 feet to the East line of a parcel of land described in Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder, also being opposite and 111.21 feet Left of Engineer's Station 116+49.97; Thence N 02° 25' 02" W, along said East line, a distance of 20.01 feet to a point opposite and 131.01 feet Left of Engineer's Station 116+47.73; Thence N 88° 52' 26" E, departing said East line, a distance of 151.75 feet to a point opposite and 156.72 feet Left of Engineer's Station 515+75.08; Thence N 42° 53' 36" E, a distance of 92.75 feet to a point opposite and 92.71 feet Left of Engineer's Station 516+42.19; Thence N 01° 56' 30" W, a distance of 298.62 feet to a point opposite and 98.89 feet Left of Engineer's Station 519+40.75; Thence N 01° 05' 43" E, a distance of 365.25 feet to a point opposite and 93.33 feet Left of Engineer's Station 523+04.26; Thence N 04° 42' 44" E, a distance of 247.33 feet to a point opposite and 73.19 feet Left of Engineer's Station 525+51.67; TEMPORARY CONSTRUCTION EASEMENT TCE-5A HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' ate: 08/17/2021 'Drawn by: CGG Sheet 3 of 4 EXHIBIT DESCRIPTION Thence N 00° 45' 08" E, a distance of 224.40 feet to a point opposite and 66.60 feet Left of Engineer's Station 527+77.16; Thence N 05° 08' 34" E, a distance of 188.33 feet to a point opposite and 45.16 feet Left of Engineer's Station 529+64.27; Thence S 88° 02' 07" E, a distance of 20.03 feet to the POINT OF BEGINNING; whence the point of commencement bears S 02° 18' 03" E, a distance of 1,587.03 feet. The above described temporary construction easement contains 35,026 sq. ft. (0.804 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-5A HUNGENBERG BOH FARMS LLLP 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 by: CGG Sheet 4 of 4 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Hungenberg BOH Farms, LLLP, a limited liability limited partnership, (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. Page 41 of 53 GRANTOR: Hungenbg BOH Farms, LLLP, a limited liabiliW limited partnership B Title: STATE OF COLORADO ) ss. COUNTY OF WELD he foregoing instrument was acknowledged before me this(Z)rd day of itt. `r— , 2021, by as .1''gvvyttl v liability limited :artner l ip. Witness my hand and official seal. KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 for Hungenberg BOH Farms, LLLP, a limited 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 0 la EN. in NE STA. 108+70.05' N88°26'41"E 41.60' STA: 109+11.63' OFF: 101.80'L S01°04'32"E 13.61' STA: 109+12 17' OFF: 88.20'L N72°11'27"E 2.60' STA: 109+14.62' OFF: 89,04'L EXHIBIT HUNGENBERG BOH FARMS LLLP PARC.#080320000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT -B RE -818 RECP.# 2040100 LOT B RE -818 SE1 /4, SE1 /4 S.20, TO6N, R65W N89°36'05"E 502.01' STA: 114+06.73' OFF: 193.0TL N00°23'55"W 80.00' STA: 114+12 081 [STA: 113.26'L� 1415°023 STA: 116+17.64 OFF 363. 24.3 S72° 11'27"W 48.59' 110+00 Sectfon One ROW N01°33'18"W 46.54' STA: 108+72.33' OFF: 53.33'L 100 111+00 RQ Ro ROW ROW S89°36'05"W 722.10' TCE-5 = 39,831 S.F.± WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 200 FEET 112+00 ROW 118+0p 114+00 ROW ROW W.C.R. 66 RO^�_ ROW, Row S. LINE SE1 /4, SE1 /4 S.2O, TO6N, R65W NE1/4, NE1 /4 S.29, TO6N, R65W RO EXISTING 4O' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S02°25'02"E 154.02' STA: 116+35.01'L/ OFF: 110.04'L P.O B. TCE-5 S63°37'36"E 390.39' 115+00 (to P.O.C.) 116+00 RO "" ROB•• ROW--_ N85'36'35"W 1299,51 RO'•'----- RO., ROW--_� P.O.C. SE. COR., SEC.20 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) TEMPORARY CONSTRUCTION EASEMENT TCE-5 HUNGENBERG BOH FARMS LLLP 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 by: CGG Sheet 1 of 3 EXHIBIT HUNGENBFIRG BOH FARMS LLLP PARC.#080320000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT -B RE -818 RECP.# 2040100 LOT B RE -818 SE1 /4, SE1 /4 S.20, TO6N, R65W N89°36'05"E 502.01' 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 OSTA: 108+7(05' FF° 19 6'l_ N88°26'41 "E 41,60' STA. 109+11 63' FF 101 80'L S01 °04'32"E 13.61' STA: 109+12.1? OFF: 88.20'L N72°11'27"E 2.60' STA: 109+14 62' OFF: 89.04'L STA: 109+18 23' OFF: 69 14'L S72°11'27"W 10• e. 48.59' 110+00 STA: 108+72.33' OFF: 53.33'L WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 100 200 FEET TEMPORARY CONSTRUCTION EASEMENT HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO STA; 114.06 ,7 OFF: 193,07'L NOO°23'55"W 80.00' STA: 114+12 08' OFF: 113 26'L S89°36'05"W 722.10' 113+00 114+00 ROW--__ ROW o. S. LINE SE1 /4, SE1/4 S.20, TO6N, R65W NE1/4, NE1/4 S.29, TO6N, R65W EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 115+00 RO,n, ROW - jSTA: 116+17 64'I OFF: 263 09'L3 1475,4 1'23 224.30, S02°25'02"E 154.02' STA: 116+35 01'1 OFF 110.041 P O.B. TCC-;� S63°37'36"E 390 39' (to P.O.C.) 116+00 SE. COR., SEC.20 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 202' 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 1 of 3 EXHIBIT DESCRIPTION A temporary construction easement, No. TCE-5, Weld County Project No. GR 45 containing 39,831 sq. ft. (0.914 acres), more or less, being a portion of land described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B of described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22, 1986 at Reception Number 02040100, in said office of the Weld County Recorder, being in 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 362.00 feet, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 146.13 to the East line of a parcel described in a Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder, and also being opposite and 110.04 feet Left of Engineer's Station 116+35.01 and being the POINT OF BEGINNING; Thence S 89° 36' 05" W, departing said East line, a distance of 722.10 feet to a point opposite and 69.14 feet Left of Engineer's Station 109+18.23; Thence S 72°11' 27" W, a distance of 48.59 feet to the Southwest line of said Lot B as described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22 1986 at Reception Number 02040100, in said office of the Weld County Recorder, also being opposite and 53.33 feet Left of Engineer's Station 108+72.33; Thence N 01° 33' 18" W, along said Southwest line, a distance of 46.54 feet, also being opposite and 99.81 feet Left of Engineer's Station 108+70.05; Thence N 88° 26' 41" E, a distance of 41.60 feet to a point opposite and 101.80 feet Left of Engineer's Station 109+11.63; Thence S 01° 04' 32" E, a distance of 13.61 feet to a point opposite and 88.20 feet Left of Engineer's Station 109+12.17; Thence N 72° 11' 27" E, a distance of 2.60 feet to a point opposite and 89.04 feet Left of Engineer's Station 109+14.62; Thence N 89° 36' 05" E, a distance of 502.01 feet to a point opposite and 113.26 feet Left of Engineer's Station 114+12.08; Thence N 00° 23' 55" W, a distance of 80.00 feet to a point opposite and 193.07 feet Left of Engineer's Station 114+06.73; Thence N 75° 41' 23" E, a distance of 224.30 feet to said East line, also being opposite and 263.09 feet Left of Engineer's Station 116+17.64; Thence S 02° 25' 02" E, along said East line, a distance of 154.02 feet to the POINT OF BEGINNING; whence the point of commencement bears S 63° 37' 36" E, a distance of 390.39 feet. The above described temporary construction easement contains 39,831 sq. ft. (0.914 acres), more or less. TEMPORARY CONSTRUCTION EASEMENT TCE-5 HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 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 3 EXHIBIT DESCRIPTION BASIS OF BEARINGS: Bearings used in the calculation of coordinates are CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) West, Sixth P.M., as obtained from Global Positioning System(GPS) survey Network (CHARN) based on a grid bearing of N10°45'13"W from Section 32, Township 6 North, Range 65 Section 31, Township 7 North, Range 65 based on the Colorado High Accuracy 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-5 HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 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 3 of 3 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Esther, Clayton Kimmi Friday, November 5, 2021 7:02 AM CTB Clayton Kimmi Deed of Dedication Addition to File 2021-2969 RW-5B Deed of Dedication Packet.pdf; RW-5A Deed of Dedication Packet.pdf; RW-5 Deed of Dedication Packet.pdf Attached are the deeds of dedication that need to be added to file 2021-2969. The Board needs to sign them and they need to be recorded. Please send be a copy of the recorded versions when you received them. 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. 0_011S-exl+ A d.0., 11/1O 1 6&: 70,4//e/i ii/,)/ -/ -�' 1 tz/a(/( 009 H 99(09 2,C_Doo19 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY .}h THIS DEED, made this today of n0v¢tnber , 2021, between Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership (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(lxa), 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 acid 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. RAN' OR: 1-lungenberg BOH F rtes LLLP, .: orado limited liability limited partnership Tit e STATE OF COLORADO ) COUNTY OF WELD „,�oregoing W'i' ess my hand and af'icial Notary Public ACCEPTANCE ) ss. as acknowledged before me day o , 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 Y COMMISSION EXPIRES JANUARY 14, 2022 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(l)(a). Dated this 10.Ogay of November 2021. ATTE We B Cl *No Deed of D-dicalion is val oard BOA ),SF COUNTY COMMISSIONERS COU COLORADO o— e Board of County Commissioners my Commissioners pursuant to C.R.S. 43-2-201(1)(a), 4778001 Pages: 1 of 4 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii 14MAIVeIr'1IA IhiLIY 1I 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 STA. 108+72,76' OFF: 53.74'L P,.O.B. RW-5A N72° 11'27"E 48.59' ._' STA: 109+18 23' 1 3,a,JFF: 69.14'L EXHIBIT I HUNGENBERG BOH FARMS LLLP PARC. #080320000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT -B RE -818 RECP.# 2040100 LOT B RE -818 SE1/4, SE1/4 S.20, TO6N, R65W N89°36'05"E 722.10' RW-5A = 72,457 S.F.± STA: 1164-35,6'h 1`U.: OFF: 110.041J S02°25'02"E 127.03' STA. 116+49.33°1- ,\ OFF: 16.18'E I Section Line ROW: ROW N01 °33'18"W 47.75' STA: 108+74.64' OFF : 5,63'' 112+00A ROW ROWS_ ROW EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 100 14ir0O 115+nn ROW W.C R. 66Run S. LINE SE1 /4, SE1/4 S.20, TO6N, R65W NE1/4, NE1/4 S.29, TO6N, R65W 200 FEET RIGHT OF WAY ACQUISITION RW-5A HUNGENBERG BOH FARMS LLLP r1 r'/'NI IAITV !x/11 EN CI A in e -N 4778001 Pages: 2 of 4 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1299,51 Row-- ROW--- ROW S82°10'52"E 1,128.59' (to P.O.C.) ROW P.O.C. SE. COR. SEC.20 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 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 1 of 2 EXHIBIT HUNGENBERG BOH FARMS LLLP 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: 108+72,76' OFF: 53.74'L ,P,0„8, J I-6AA__... N72°11'27"E 48.59' ISTAI 109+18,n1 x1 OFF 69,141 Section Line ROW NO1 °3318"1/1/ 47.75' STA: 108+74.64' OFF: 5.663'L PARC. #080320000045 RECP.# 3913192 CORR. B&S DEED, 2-27-2013 LOT -B RE -818 RECP.# 2040100 LOT B RE -818 SE1/4, SE1/4 S.20, T06N, R65W N89°36'05"E 722.10' N85°36'35"W 774.68' ROWS ROW- ROW EXISTING 4O' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 RIGHT OF WAY ACQUISITION WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE RW-5A HUNGENBERG BOH FARMS LLLP 4778001 Pages: 3 of 4 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO RW-5A = 72,457 S.F,± STAN 116+35,01 t FF 110.0 S02°25'02"E 127.03' STA: 116+49 33I 1r 1/I R W.C..R. 66 rva 1299 12993 RUW .511 = RO•.•' RO.. ROW-- S. LINE SE1/4, SE1/4 S.20, TO6N, R65W NE1/4, NE1/4 S.29, TO6N, R65W 0 S82°10'52"E 1,128.59' (to P.O.C.) \I ROW----- P.O.C. SE. COR. SEC.20 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1".100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 2 1111 Wal_ MIOVIiiiri "Ill EXH DESCRIPTION A parcel of land, No. RW-5A, Weld County Project No. GR 45 containing 72,457 sq. ft. (1.663 acres), more or less, being a portion of land described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B of described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22, 1986 at Reception Number 02040100, in said office of the Weld County Recorder, being in 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 1,126.57 feet, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 67.50 feet, to the Southwesterly line of said Lot B, and also being opposite and 53.74 feet Left of Engineer's Station 108+72.76 also being the POINT OF BEGINNING; Thence N 72° 11' 27" E, a distance of 48.59 feet to a point opposite and 69.14 feet Left of Engineer's Station 109+18.23; Thence N 89° 36' 05" E, a distance of 722.10 feet to the West line of a parcel described in Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder, also being opposite and 110.04 feet Left of Engineer's Station 116+35.01; Thence S 02° 25' 02" E, along said West line, a distance of 127.03 feet to 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 common to said Sections 20 and 29, also being opposite and 16.18 feet Right of Engineer's Station 116+49.33; Thence N 85° 36' 35" W, along said North right of way line, a distance of 774.68 feet to the Southwest corner of said Lot B, also being opposite and 5.63 feet Left of Engineer's Station 108+74.64; Thence N 01° 33' 18" W, along said Southwesterly line, a distance of 47.75 feet to the POINT OF BEGINNING; whence the point of commencement bears S 82° 10' 52" E, a distance of 1,128.59 feet, The above described parcel contains 72,457 sq. ft. (1.663 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-5A HUNGENBERG BOH FARMS LLLP 4778001 Pages: 4 of 4 11/19/2021 12:17 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO B ill 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 2 of 2 ACCEPTANCE STATE OF COLORADO ) DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this Id +h day of 1).m/ember- , 2021, between Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership (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(l)(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. Hungenberg BOH F t'n�s JLLP, a Cole a°limited liability limited partnership ) ss. COUNTY OF WELD )- oing instrument was acknowledged bore me thi day of , 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14, 2022 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 10th day of November , 2021. ATTEST:daiL) - ; BOARD OF COUNTY COMMISSIONERS Clerk to the to the Boar *No Deed of Dedication is valid WEL COUNTY, COLORADO oard of County Commissioners Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4778002 Pages: 1 of 7 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII N��l�h3�r I� IM��'tiJ 1�4�� rlY�Gilllr��.lir'�Y�h 11111 LOT B RE -818 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 SE1/4, SE1/4 S.20, TO6N, R65W [S -TA: 525+50.56' -� OFF: 53.21'L RW-5 = 65,360 S.F.± STA: 523+03.33' OFF: 73.34'L SEE SHEET 2 RIGHT OF WAY ACQUISITION RW-5 HUNGENBERG BOH FARMS LLLP 4778002 Pages: 2 of 7 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� NUrokh3G ,4 'I 11111 SW1/4 SW1/4 S.21, TO6N, R65W E. LINE SE1/4, S.20, T06N, R65W x A S02° 18'03"E 1,587.03' (to P.O.C.) WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE S01°13'04"E 13'04"E 1,406.70' EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Scale: 1"=100' Drawn hy: CGG (Sheet 1 of 4 EXHIBIT SEE SHEET 1 LOT B RE -818 p vt a p 7 0 CALL UTILITY NOTIFICATION r O CENTER OF COLORADO Z CALL 2 -BUSINESS DAYS IN ADVANCE ` 1 1 - STA: 519+40 63' BEFORE YOU DIG. GRADE. OR EXCAVATE I I OFF_ 78.881, FOR THE MARKING OF UNDERGROUND MEMBER VTILBIES P p Z SE1 /4, SE1 /4 S.20, R O TO6N, R65W a) Cr) O N g'w4 O CD ln 7.o in 1- \ zs O t ° P''I! � CD 1-1 OWN """1 g" p\ \ d 65,360 W p p OSTA: 516+43.38 CO * QO • 7-1 \ I co OFF: 72.73'1_ U CO p y N06°19'58"W UWCO� Salo' tCe STA: 515+56.06' Q OFF 6.91'L C- li 03 2 p STA: 515+55 69' O IL OFF: 64.1 to U O WELD COUNTY ROAD S88°52'14" WELD COUNTY 57'25' ROAD 41 INTX. PLAN CENTERLINE N. LINE NE1/4, LOT A NE1/4 S.29, 11gI+0Q -- -- 11- +00 116+00 ' F' RE -818 TO6N, R65W R`u.` ROWS ROW-----_ �-�-- 118+00 119+00 ROWS ROB., ROW----• _ � I Section Une RO" RO 'i0Y` ROWS onw— w T D Lc N85p36'35"W ROWS_ ROW EXISTING RIGHT-OF-WAY RIGHT OF WAY ACQUISITION HUNGENBERG BOH FARMS LLLP 4778002 Pages: 3 of 7 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII INFANIANIK WPM Valhi roil maii,11111 1L,i::oo RW-5 Tr 1 SW1 /4, SW1 /4 S.21, TO6N, R65W E. LINE SE1 /4, S.20, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 121-"'� --. ROW ROW-. ROY ."'- ROW-__ ROW--..-_ R0VI 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 4 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 A PARC. #080320000045 M O 0 N NJ O Ch N M d. a Q U rn LLJ Q co OC v Uot00 LLJ 00 OI! U -J 0 100 200 FEET LOT B RE -818 SE1 /4, SE1 /4 S.20, TO6N, R65W STA: 529+63.10' OFF: 25 16'L P.O. B RW-5' STA: 527+75,65' OFF: 46.64'L RW-5 = 65,360 S.F.± 'A: 523+03.33' OFF: 73.34'L SEE SHEET 2 WELD COUNTY DEPARTMENT OF PUBLIC WORKS w CO z SW1/4 SW1/4 S.21, TO6N, R65W E. LINE SE1/4, S.20, TO6N, R65W vi o oC u A � g S02°18'03'E 1,587.03' (to P.O.C.) WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE S01°13'04"E 13'04"E 1,406.70' CI c EXISTING 60' RIGHT—OF—WAY RD—BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) RIGHT OF WAY ACQUISITION RW-5 Hl1NGFNRERG SOH FARMS LLLP 4778002 Pages: 4 of 7 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WCR 66 & 41 INTERSECTION PROJECT Pro}ecl No: GR 45 lScale: 1"=100' Date: 08/17/2021 Drawn by: CGG 1 of 4 NUM !AU 14BIM EXHIBIT SEE SHEET 1 LOTS o X p RE -818 \ \ f`J .N in w M R Id, CALL UTILITY NOTIFICATION p CENTER OF COLORADO O 1 Lo 0 1 \ s.` Rio CALL 2 -BUSINESS DAYS IN ADVANCE .'�i' jl +43,63' BEFORE YOU DIG. GRADE. OR EXCAVATE OFF 78.88'L FOR THE MARKING OF UIDERGROUND MEMBER UTILITIES P SE1 /4, SE1 /4 S.20, \ \ A F cv TO6N, R65W CD M O0 \ \ 01 cn grl Pa""4 Ln N .cr o 0 431N N wt I ON p4 d O.. . *. en RW-5 = a 65,360 S.F.± M LU W M LV CeSTA: 516+43 38' 4 CO \ . *ci_ Q OFF c6 CAD x A n S01°13'04"E 13'04"E -1,406.70' �""(�__� U N06°19'58"W !""1, 88.10' 0 W m W o Ce " STA: 515+56;+6` Q �/ OFF. 91`L : o414 ce I'-- .-_.-_ _ i______ i P ; Row ----pow Row________'116+00 ( 17+� 118+00 -- ROW __ 1k 119+00 ROW--- RO�.� RO Section Line N8S°36'35'W Row ----Row TOW -- ROW-� ROW-.,.... Row RO W.C.R. 66 1299.55` ROB., ,n ROW Ro::�� Rao.,—.—. Rw '^^^^ EXISTING R°w- ROW---- ROW ROW RIGHT -OF --WAY 0 100 200 FEET STA: 515+55.69' O OFF: 64.16'L �' 1 U O a WELD COUNTY ROAD S88.52"ld 57.25' 66 & WELD COUNTY ih ROAD 41 INTX. PLAN o CENTERLINE N. LINE NESS/4, LOT A NE1 /4 S.29 ; a 114+00 115+00 RE -818 TO6N, R65 RIGHT OF WAY ACQUISITION RW-5 HUNGENBERG BOH FARMS LLLP 4778002 Pages: 5 of 7 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii I ��K4'�I LI��G+ Iii wd� ti IK'�!�'�Ki W k 1I 111 EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874, WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE SW1 /4, SW1 /4 S.21, TO6N, R65W E. LINE SE1/4, S.20, TO6N, R65W P.0.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLIGIBLE) 121+00 ROW ROW --- ROW--• ROW-- RON 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 of 4 EXHIBIT DESCRIPTION A parcel of land, No. RW-5, Weld County Project No. GR 45 containing 65,360 sq. ft. (1.500 acres), more or less, being a portion of land described in a deed, recorded on February 271H, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B as described in Correction Plat of Recorded Exemption 0803-20-4-RE818, recorded January 22, 1986 at Reception Number 02040100, in said office of the Weld County Recorder, being in 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 01° 13' 04" W, along the East line of said Southeast quarter, a distance of 1,586.75 feet, thence S 88° 46' 56" 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, also being opposite and 25.16 feet Left of Engineer's Station 529+63.10 also being the POINT OF BEGINNING; Thence S 01° 13' 04" E, along said West right of way line, a distance of 1,406.70 feet to the North line of Lot A, being a parcel of land described in a Deed recorded September 10, 2018 at reception number 4429632 in said office of the Weld County Recorder, also being opposite and 6.91 feet Left of Engineer's Station 515+56.06; Thence S 88° 52' 14" W, along said North line, a distance of 57.25 feet to a point opposite and 64.16 feet Left of Engineer's Station 515+55.69; Thence N 06° 19' 58" W, departing said North line of a Lot A, a distance of 88.10 feet to a point opposite and 72.73 feet Left of Engineer's Station 516+43.38; Thence N 01° 56' 30" W, a distance of 297.32 feet to a point opposite and 78.88 feet Left of Engineer's Station 519+40.63; Thence N 01° 05' 43" E, a distance of 364.09 feet to a point opposite and 73.34 feet Left of Engineer's Station 523+03.33; Thence N 04° 42' 44" E, a distance of 247.39 feet to a point opposite and 53.21 feet Left of Engineer's Station 525+50.56; Thence N 00° 45' 08" E, a distance of 224.32 feet to a point opposite and 46.64 feet Left of Engineer's Station 527+75.65; Thence N 05° 08' 34" E, a distance of 188.68 feet to the POINT OF BEGINNING; whence the point of commencement bears S 02° 18' 03" E, a distance of 1,587.03 feet. The above described parcel contains 65,360 sq. ft. (1.500 acres), more or less. RIGHT OF WAY ACQUISITION RW-5 HUNGENBERG BOH FARMS LLLP 4778002 Pages: 6 of 7 11/19/2021 12:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co "III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 &41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Cate: 08/17/2021 Drawn by: CGG Sheet 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 "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-5 HUNGENBERG BOH FARMS LLLP 4778002 Pages: 7 of 7 11/19/2021 12:17 PM 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 4 of 4 VIII kNELIVil RAC IVAIOli 1[1,1101 MEMORANDUM TO: Clerk and Recorder DATE: March 29, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Deed of Dedication for Hungenberg BOH Farms, RW-5B On November 10, 2021, the BOCC accepted the Deed of Dedication (Deed) for the ROW parcel identified as RW-5B. The Deed was obtained as part of the ROW acquisition process for the CR 66 and CR 41 intersection project. The Exhibits included with the deed describe a parcel of land located on the Hungenberg BOH Farms parcel. The Purchase and Sales Agreement (Agreement) for the Hungenberg BOH property was signed by the BOCC on October 20, 2021. The Agreement identifies RW-5B as one of the ROW parcels being acquired for the project. All of the signed documents associated with the Agreement were returned to the County and submitted by Public Works to the BOCC for acceptance. It appears that the Deed inadvertently listed Hungenberg RD Farms as the Grantor. The actual Grantor should have been Hungenberg BOH Farms. Because the Deed showed Hungenberg RD Farms as the Grantor, the Deed was saved in the BOCC records under 2021-2970 instead of 2021-2969. A review of the Deed in March 2022 found that the Deed listed the wrong Grantor. The corrected Deed needs to be accepted by the BOCC and filed in the BOCC records under 2021-2969. A copy of this memo should also be included the file for 2021-2970 so that future users can understand why the Deed was revised. After the BOCC signs the Deed, it will need to be re-recorded by the Weld County Clerk and Recorder. The new Deed should supersede Reception Number 4778003. If you have any questions, please feel free to contact me at ckimmi@weldgov.com. consent AJendok LI- 6-2022 cC : pw(si-t(R/cH/c►c) 4-6-2� 5-2.22 4822878 Pages: 5 of 5 04/29/2022 10:35 AM R Fee:$0.00 Carly Koko's, Clerk and Recorder, Weld County , Co inMCOPINAiIM IL IfilligillORJirlklif lAIN, Ill III 2021-2c1 6W EC,00 79 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of Ate'' I , 2021, between Hungenberg BOH Farms LLLP, a Colorado limited liability limited partnership (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 1 150 "0" 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. OR: Hungenberg BOH F: s LLLP, `, orado limited liability limited partnership Tit e STATE OF COLORADO ) COUNTY OF WELD e foregoing it strument was t iss ess my hand and tWiCintan ACCEPTANCE ) ss. ra acknowled ed before me this day 45 r k .. of ,y'" , 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 MY COMMISSION EXPIRES JANUARY 14,20222 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 (O1 day of ATTEST: W•dC.u�' C Board By. *No Deed of Dedicat on is %a , o2Oa?v2 . BOARD OF COUNTY COMMISSIONERS my CO TY, COLORADO air, Board of County Commissioners ommissioners pursuant to C.R.S. 43-2-20APR).O 6 2022 4822878 Pages: 1 of 5 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII Irma N II oe002/— ' EXHIBIT OL CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS GAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 114+00 ithy Row YV.C.R. 66 SE1 /4, SE1 /4 S.20, T06N, R65W iRts oN o o O M on N M CO O 0O* o - U U LU Q a_ rel 11 O N I N N N W w U o�S m C C O U O O O O N CL: U W CO TI CO I W m I E - O J NO2°25'02"W 128.29' STA, 116+64 44' OFF: 16.27'R 115+00 SIMMS ROW ROW-a- ROW--�. ROW 116+00 Section Line ROW---- ROW 100 Row ROW N85°36'35"W 5.72' r 200 FEET 7.1 r ,Y ROW LOT B RE -818 STA 116 +49.97' OFF 111.21'L N89°36'05"E 6.73' STA: 116+56 69 OFF: 111.73'L w COI. on cid CV r RW-58 = Pt 797 S.F.± LOT A RE -818 ,r'17♦00 ROW STA- 116+70 15' OFF• 16.30'R P.O.B RW-5B 118+ Row— Rc)w N85°36 35"W 1299.55' ROW Row • Lip 0 MOH T' 520+00 i l I I C4 Fes` :cC 3/21/2022 0`� L3364 ; - L I,A ys a A O O9 0 WELD COUNTY ROAD 66 & WELD COUNTY * ( , ROAD 41 INTX. PLAN CENTERLINE 0 0 r 516+-00 woe WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE LU -- EXISTING 40', RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 S. LINE SE1 /4, SE1 /4 S.20, TO6N, R65W Row 19+00 ROw RCA/tat I +o ROW- �. >r) Row S82°06'02"E111 326.73' 0 I 0 (to P.O.C.) �✓1 ! Section Line I i N01°13'04"W, 2429.03' I 0 0 9 f 120+ g73 S W1 /4, S W1 /4 S.21, TO6N, R65W E. LINE SE1 /4, S.20, TO6N, R65W EXISTING 60' RIGHT-OF-WAY RD-BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 121+00 J ROW ROw ROW ROW ROW RIGHT OF WAY ACQUISITION RW-5B HUNGENBERG BOH FARMS LLLP WELD COUNTYLCOLORADO 4822878 Pages: 2 of 5 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO KARP kMali I . 1861 GoUNTY Nnix WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR45 Date: 07/14/2021 Scale: 1"=100' Drawn by CGG Sheet 1 of 2 EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES 114+00 S SE1 /4, SE1 /4 S.20, TO6N, R65W PARC. 11080320000045 RECP.# 3913192 O rin0 00 N �- I N N N02°25'02"W 128.29' STA 116+64.44' OFF: 16.27'R 116+00 RCA/a-a—. 01 115+00 ROW------Row-�� W.C.R. 66 Row-- Row Section Line 100 ROW Row 13 • i LOT B RE -818 MOb - 5194.00 I i i i c W.C.R. 41 Section Line i N01°13'04"W, 2429.03' STA 116+49.97' OFF: 111 21'L o N89°36'05'E O 6.73' cL STA' 116+56.69' ,OFF 111.73'L 7) i Pt RW-5B = Ii 797 S.F.± a O 1. } 7 -\\ Row---, Row N85°36'35"W 5.72' 200 FEET 0 .a. O0 LOT A RE -818 r STA: 116+70 15' OFF 16 30 R P O.B. RW-5B A-17+00 A-17+00 11. ROW N85°36'35 "W Row—� 1299.55' ROW 16 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 119+00 1 I i 120+0 L Cs sib ��tG P # h Q ICJ /21/2022 ca' $ 3 6 4 V • , IIIP 4. 1. L Alk I WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN 3 CENTERLINE 0 ROW S. LINE SE1 /4, SE1 /4 S.20, TO6N, R65W ROW O ROW- ; ‘1 - ROW S82°06'02"E1 326.73' (to P.O.C.) RIGHT OF WAY ACQUISITION RW-5B HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 4822878 Pages: 3 of 5 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppers, Clerk and Recorder, Weld County , CO III )PjRiVJ #r Ji*PYW I'g!aJiI#r'iy.k I 18b`'; � r COUNT' - 70 SW1 /4, SW1 /4 S.21, TO6N, R65W E. LINE SE1 S.20, TO6N, R65W EXISTING 60' RIGHT--OF--WAY RD-BK 1, PG 258 APRIL 6, 1874 P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 121+00 ROW ROW ROW ROV. ROW WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No GR 45 Scale: 1'1=100' Date: 07/14/2021 Drawn by: CGG Sheet 1 of 2 I III EXHIBIT DESCRIPTION A parcel of land, No. RW-5B, Weld County Project No. GR 45 containing 797 sq. ft. (0.018 acres), more or less, being a portion of and described in a deed, recorded on February 27TH, 2013, at Reception Number 3913192 in the office of the Weld County Recorder, specifically in a portion of Lot B of described in Correction Plat of Recorded Exemption 0803-20-4 RE818, recorded January 22, 1986 at Reception Number 2040100, in said office of the Weld County Recorder, being in the Southeast quarter of Section 20, Township 6 North, Range 65 West, cf 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 326.12 feet, thence N 04° 23' 25' E, perpendicular to said South Line, a distance of 20.00 feet to 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 and also being on the west line of Lot A of said Correction Plat, being opposite and 16.30 feet Right of Engineer's Station 116+70.15 and being the POINT OF BEGINNING; Thence N 85° 36' 35" W, along said North right of way line, a distance of 5.72 feet to the East line of a parcel of land described in said Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder, also being opposite and 16.27 feet Right of Engineer's Station 116+64.44; Thence N 02° 25' 02" W, along said East line, a distance of 128.29 feet to a point opposite and 111.21 feet Left of Engineer's Station 116+49.97; Thence N 89° 36' 05" E, departing said East line, a distance of 6.73 feet to a point on said West line of Lot A, said point being opposite and 111.73 feet Left of Engineer's Station 116+56.69; Thence S 01° 56' 58" E, a distance of 128.74 feet to the POINT OF BEGINNING; whence the point of commencement bears S 82° 06' 02" E, a distance of 326.73 feet. The above described parcel contains 797 sq. ft. (0.018 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-56 HUNGENBERG BOH FARMS LLLP WELD COUNTY, COLORADO 4822878 Pages: 4 of 5 04/29/2022 10:35 AM R Fee:$0.00 Carly Koppos, Clerk and Recorder, Weld County , CO CO`s WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT 'roject No: C R 45 Scale: 1"=100' ate: 07/14/2021 Drawn by: CGG Sheet 2 of 2 III INIAPIVICiiinia#04111EU, MAD hilyi 11111 Hello