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Home My WebLink About20191168RESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT FOR IMPROVEMENTS AT INTERSECTION OF COUNTY ROADS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN - NEW DAY/SUNRISE, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Possession and Use Agreement for Improvements at the Intersection of County Roads 34 and 13 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 New Day/Sunrise, LLC, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Possession and Use Agreement for Improvements at the Intersection of County Roads 34 and 13 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 New Day/Sunrise, LLC, 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 25th day of March, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WIELD COUNTY, COLORADO ATTEST: ditiftet) jeleo%eA Weld County Clerk to the Board BY: Deputy Cler County A orney Date of signature: 1-112.1n I arbara Kirkme r, Chair leyt4tt7,_ Mike Freeman, Pro - James 47-0 _ Steve Moreno C.C.PW(-t 5IERIcO 4/12Itc% 2019-1168 EG0076 e_.01.\t;4�g MEMORANDUM TO: Clerk to the Board DATE: February 7, 2019 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Agreement for Possession and Use of Property for Public Road Improvements RE: New Day/Sunrises LLC- Weld County Road 34 and 13 Improvement Project Please accept this Agreement for Possession and Use of Property between New Day/Sunrise LLC and Weld County for necessary improvements to the CR 34/13 Intersection. 2019-1168 EGcx rl (0 POSSESSION AND USE AGREEMENT THIS AGREEMENT is made this 2,5" day of )/NieVM'j 2019, by and between New Day/Sunrise Limited Liability Company, whose address is 1132 E. State Highway 56, Bethoud, CO 80651, hereinafter collectively referred to as "Owner," and WELD COUNTY, 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." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described in the attached Exhibit B ("Permanent Easement" or PE), and property described in the attached Exhibit C ("Temporary Construction Easement" or ICE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to improve the intersection of Weld County Road 34 and Weld County Road 13, (hereinafter referred to as the "Project"), and WHEREAS, Owner and County are currently negotiating the purchase and sale of said Property, and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: 1. EXHIBITS INCORPORATED. The following exhibits are attached and incorporate into this Agreement. Exhibit A — Description and depiction of Public Road Right -of -Way (ROW). Exhibit B — Description and depiction of Permanent Easement (PE). Exhibit C _ Description and depiction of Temporary Construction Easement (ICE). II. COMPENSATION; CONVEYANCE OF POSSESSION Total compensation to be paid by County to Owner for possession and use pursuant to this Agreement, as described below, is Thirty -One Thousand Four Hundred Dollars, ($31.400.00). 2. Owner agrees to grant possession of the Public Road Right -of -Way described and depicted on Exhibit A to the County for the sum of Twenty Thousand Five Hundred and Fifty Dollars, ($20,550.00). 3. Owner agrees to grant possession of a Permanent Easement described on Exhibit B to the County for the sum of Seven Thousand Five Hundred Dollars, ($7,500.00). 4478429 Pages: 1 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii iNciiiiV ilthEh ieli 1O111411th lhlliKli'h iI II oZo p?- /i Ze Page 2 of AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY' FOR PUBLIC ROAD IMPROVEMENTS BETWEEN NEW DAY SUNRISE AND WELD COUNTY, COLORADO 4. Owner agrees to grant possession of the Temporary Construction Easements described on Exhibit C to the County for the sum of Three Thousand Three Hundred and Fifty Dollars, ($3,350). 5. The County has confirmed with DCP that the relocation of the existing DCP pipeline shall be completed by DCP by March 31, 2019. 6. Possession and use of the property will allow for typical heavy roadway construction, installing drainage features and relocating utilities to accommodate the extra roadway lanes, larger radii at the corners and shoulder widths to enhance safety at the intersection for the traveling public. 7. Possession and use are conveyed from Owner to County immediately. 8. Possession and use 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. 9. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the property described in Exhibit A. B and C from any adjacent property to which County has legal access, for any and all purposes necessary andior incident to the exercise by the County of the rights granted to it hereunder. At the completion of the project the 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. III. EMINENT DOMAIN PROCEEDINGS 1. This Agreement is made with the understanding the Parties will continue to negotiate in good faith to agree upon the final purchase price of the Property. In the event a settlement is not reached within one hundred twenty (120) days of the signing of this Agreement, such failure will be a confession that the negotiations to acquire the Property have proved futile. Thereafter the County may begin proceedings in eminent domain to acquire title to the Property herein described. The County shall not unreasonably delay the commencement of proceedings under the eminent domain law once the time provided for in this paragraph has expired. The Parties agree that in the event that eminent domain proceedings are filed, valuation shall be the only triable issue. 4478429 Pages: 2 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO 4410Er h'ilk'IifilaYL1Mu1101I II 111111 Page of AGREEMENT FOR THE PURCHASE Of CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN NEW DAY SUNRISE AND WELD COUNTY. COLORADO 2. If the County begins proceedings in eminent domain, this Agreement shall continue in effect until either a settlement is reached, or a Rule and Order is entered by the court, as provided for in C.R.S. 38-1-105(3). If such proceedings are begun, this Possession and Use Agreement shall operate as a stipulation to immediate and continued possession of the Property pursuant to C.R.S. 38-1-105(6). 3. All compensation paid under this Agreement shall be deducted from any greater settlement amount, award, or verdict. In the event the ultimate settlement amount, award, or verdict is less than the compensation paid under this Agreement, the Owner shall refund the difference to the County. 4. The Parties agree that, in the event proceedings in eminent domain are begun, the valuation day for determining the amount of just compensation shall be the date on which payment was tendered to the Owner according to this Agreement. IV, MISCELLANEOUS: 1, This Agreement 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 Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the 'undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise. or consideration different from the terms 4478429 Pages: 3 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IN1�iic rl�4.c i'1�41 �iNh'�1�S' I��'M.L�h lid CI II Page 4 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN NEW DAY SUNRISE AND WELD COUNTY, COLORADO herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. In the event of a legal dispute between the Panics, 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. 4478429 Pages: 4 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO hdaliLRhrJlNINAYk 1I 111 Page Sof5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN NEW DAY SUNRISE AND WELD COUNTY_ COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: New Day/Sunrise Limited Liability Company ATTEST: Title: Y► d n -G erg •X,ato'€1 BOARD OF COUNTY COMMISSIONERS Weld ► i my Clerk to the rd WELD COUNTY, CQLORADO BY: Deputy 4478429 Pages: 5 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO grAnamili Ghi;lit4§ 19ViP Ellillti khMi 144 III II Barbara Kirkmeyef•, Chair ' h 209 MAR 2 oZ0/9- //6 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3157152 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 7 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET TO THE SOUTH ONE -QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER NORTH 00'28'21" WEST A DISTANCE OF 28.26 FEET; THENCE DEPARTING SAID WEST UNE NORTH 89'31'39" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE EXISTING NORTH RIGHT-OF-WAY LINE ON COUNTY ROAD 34 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID EAST RIGHT -OF -NAY LINE NORTH 00'28'21" WEST A DISTANCE OF 1838.28 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 89'31'39" EAST A DISTANCE OF 44.00 FEET; THENCE SOUTH 00'28'21" EAST A DISTANCE OF 1728.56 FEET; THENCE SOUTH 34'05'14" EAST A DISTANCE OF 102.90 FEET; THENCE SOUTH 87'03'25" EAST A DISTANCE OF 1147.61 FEET; THENCE SOUTH 02'56'35" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 87'03'25" WEST A DISTANCE OF 1246.97 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 119,399.44 sf. OR 2.74 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION RW-6 NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO N61861 COUNTY 4478429 Pages: 6 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO INPilalv (UPC illin k�w tw��i�� i III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE: 1-15-19 (DRAWN BY:DRHISHEET: 1 of 2 EXHIBIT -A PAULSON (NOT A PART) _ m IW I0 O PAULSON C91 -.-W 1/4 COR. S7—T3N—R67W FOUND #6 RBR. NO CAP N89'31'39"E 44.00' -t ULSO MARQUARDTI SIMMERING & MONTGOMERY I! ao' EXIST. ROW I RATNER •50' ROW DEED TPOB L1 SPAHN NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. •ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922 SW 1/4 S7-T3N-R67W "60' ROW RW-6 PROPOSED ROW —119,399.44 sf.±- 2.74 ac.± S34'O5'14"E 102.90' BAM L2 I � ! �G. eso :ARMICHAE1. A�1'�sZrzzps +460' ROW OCT. 6, 1875 RD-BK 2, PG 31 RD100/41 44•60' ROW OCT. 7, 1878 RD-BK 2, PG 225 RD100/86 NEW DAY/SUNRISE LLC PARC.# 120907000001 RECP.#3157152 LINE TABLE LINE BEARING DISTANCE L1 N00'28'21 'W 28.26' L2 N89'31'39"E 30.00' ELLIOTT FAMILY FARM POC SW COR. S7-T3N-R67W 2" ALUM. CAP ON #6 MR. ILLEG. IN MON. BOX 587'03'25"E 1147.61' r -3O' N87'O3'25"W 1246.97' • "4'60' ROW BALLINGER N 1/4 COR. S7-T3N-R67W FOUND #6 RBR. NO CAP N00'27'17'W 5322.68 S02'56'35"W 30.00' -__-`C-R 34--� M.-- - - S 1/4 COR. S7-T3N-R67W R67W 2 1/2" ALUM. CAP ON #6 RBR. STAMPED LS#3O462 (2000) IN MON. BOX RIGHT OF WAY ACQUISITION RW-6 NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO 4478429 Pages: 7 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"=300 DATE: 1-15-19 DRAWN BY: DRHI SHEET: 2 of 2 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this_ day of , 2019, between New Day/Sunrise Limited Liability Company (referred to herein as "Grantor", whether one or more), whose legal address is 1132 E. State Highway 56, Berthoud, CO 80651 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 "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: New Day/Sunrise, LLC IMCUStab oA,p M;cWSba coo ns" Al!' U2 9M- B .- a NIP �N01 _73e o_ N rs� OD �J -o o a. 5C O C Brad Johnson STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2019, 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 , 2019. 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). EXHIBIT -B PERMANENT EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF' COLORADO, SAID PARCEL BONG A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3157152 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST. DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 7 AS BEARING NORTH 87'03'25" WEST, A DISTANCE OF 2527.61 FEET TO THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST UNE OF SAID SOUTHWEST ONE -QUARTER NORTH 00'27'17" WEST A DISTANCE OF 60.11 FEET; THENCE DEPARTING SAID EAST LINE NORTH 87'03'25" WEST A DISTANCE OF 1318.82 FEET AND BEING THE TRUE POINT OF BEGINNING THENCE CONTINUING NORTH 8T03'25" WEST A DISTANCE OF 1077.62 FEET; THENCE NORTH 34'05'14" WEST A DISTANCE OF 102.90 FEET; THENCE NORTH 0028'21" WEST A DISTANCE OF 1728.56 FEET; THENCE NORTH 89'31'39" EAST A DISTANCE OF 30.00 FEET; THENCE SOUTH 0028'21" EAST A DISTANCE OF 1719.50 FEET; THENCE SOUTH 34'05'14" EAST A DISTANCE OF 78.89 FEET; THENCE SOUTH 87'03'25" EAST A DISTANCE OF 1062.67 FEET; THENCE SOUTH 02'56'35" WEST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 86,550.76 af. OR 1.99 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY. COLORADO. DANIEL R. HOLMES PLS 38213 4478429 Pages: 9 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII InnFt din Wif lAl'glf III III PERMANENT EASEMENT ACQUISITION NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO PE -6 !! r NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS DATE: 10-1-18 DRAWN BY: JHB SHEET: 1 of 2 EXHIBIT -B 80' EXISTING ROW -W 1/4 COR. S7-T3N-R67W FOUND #6 RBR. NO CAP •N 89'31'39" E 30.00' ROW -4, I I DEED I ; • 60' • EXIST, ' ' ROW II, 1prir4) •""60' ROW I ry l 0 N oa O O N 74' 30' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. *ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922 +"60' ROW OCT. 6, 1875 RD-BK 2, PG 31 RD100/41 """60' ROW OCT. 7, 1878 RD-BK 2, PG 225 RD100/86 NEW DAY/SUNRISE LLC PARC.#120907000001 RECP.#3157152 LINE TABLE LINE BEARING DISTANCE L1 N00'27'17"W 60.11' L2 N34'05'14"W 102.90' L3 S34'05'14"E 78.89' L4 S02'56'35"W 30.00' PE -6 30' PROPOSED DCP PERMANENT EASEMENT 86,550.76 sf.± ""60' ROW 1.99 ac.± N 87'03'25" W 1077.62' 30t- 87'03' 5" E 1062.67.' N 1/4 COR. S7-T3N-R67W FOUND #6 RBR. NO CAP TPOB - ..-.......�* ��/N�[87'03'25_ _ W 131 --(Lanka- SL el'Q5' 1 t' �" - YY CTC .3 ----- ' _—fir _ fi SW COR. S7-T3N-R67W S'' 2" ALUM. CAP ON #6 RBR. \ "1'60' ROW ILLEG. IN MON. BOX "60' ROW PERMANENT EASEMENT ACQUISITION PE -6 NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO 4478429 Pages: 10 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ICI WPIAMINOICIIIIIIaIY rffillillAIM kill BM rr 1861 EitA- COUNTY POC S 1/4 COR. S7-T3N-R67W 2 }" ALUM. CAP ON #6 RBR. STAMPED LS#30462 (2000) IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 DATE: 10-1-18 DRAWN BY: JHB SCALE: 1"=300 SHEET: 2 of 2 NON-EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, New Day/Sunrise Limited Liability Company 1132 East SH 56 Berthoud, CO 80513 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, convey, and warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, thirty (30) feet in width, for the purpose of a single pipeline, and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing a single pipeline or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: Township 3 North, Range 67 West of the 6' P.M. SW 1 /4 Section 7 Said temporary construction easement and permanent non-exclusive pipeline easement being more particularly described on Exhibit "B" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty-eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall terminate. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area, including without limitation, cutting trees and damages to surface, fences or any other property owned by Grantor. Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will 4478429 Pages: 11 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO A, bill II make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. The grant is made in consideration that Grantee, its successors and assigns, shall hold Grantor, its successors and assigns, harmless from damages or liability of any character which may arise out of the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of , 2019 signed, sealed, and delivered in the presence of: New Day/Sunrise LLC ACKNOWLEDGEMENT STATE OF COLORADO ss. COUNTY OF WELD Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, , known to me to be the same persons who executed the within and foregoing instrument, and acknowledged to me he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D. 2019. My commission expires: Notary Public 4478429 Pages: 12 of 17 04/03/2019 10:22 AMRecorder, ee:0.0 Weld County, CO Carly Koppes, and EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3157152 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 7 AS BEARING SOUTH 87'03'25" EAST, A DISTANCE OF 2527.61 FEET TO THE SOUTH ONE -QUARTER CORNER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST UNE OF SAID SOUTHWEST ONE -QUARTER NORTH 00'28'21" WEST A DISTANCE OF 137.98 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'31'39" EAST A DISTANCE OF 74.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 00'28'21" THENCE NORTH 89'31'39" THENCE SOUTH 00'28'21" THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE SOUTH SOUTH NORTH SOUTH SOUTH SOUTH SOUTH SOUTH NORTH WEST A DISTANCE OF 1728.56 FEET; EAST A DISTANCE OF 270.00 FEET; EAST A DISTANCE OF 30.00 FEET; 89'31'39" WEST A DISTANCE OF 240.00 FEET; 0028'21" EAST A DISTANCE OF 699.08 FEET; 89'31'39" EAST A DISTANCE OF 8.00 FEET; 00'28'21" EAST A DISTANCE OF 60.00 FEET; 89'31'39" WEST A DISTANCE OF 8.00 FEET; 00'28'21" EAST A DISTANCE OF 930.42 FEET; 34'05'14" EAST A DISTANCE OF 78.89 FEET; 87'03'25" EAST A DISTANCE OF 620.76 FEET; 02'56'35" EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 87'03'25" EAST A DISTANCE THENCE SOUTH 02'56'35" WEST A DISTANCE THENCE SOUTH 87'03'25" EAST A DISTANCE THENCE SOUTH 02'56'35" WEST A DISTANCE CONTINUED.... 4478429 Pages: 13 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIIIINFJP'1RIANI4 LININKI IOdahli 1I III OF 120.00 FEET; OF 15.00 FEET; OF 321.91 FEET; OF 20.00 FEET; TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-6 NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 I SCALE: DATE: 1-14-19 DRAWN BY: DRHI SHEET: 1 of 3 EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION THENCE SOUTH 87'03'25" EAST A DISTANCE OF 80.00 FEET; THENCE SOUTH 02'56'35" WEST A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 87'03'25" WEST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID RIGHT -OF WAY LINE NORTH 02'56'35" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 87'03'25" WEST, A DISTANCE OF 1147.61 FEET; THENCE NORTH 34'05'14" WEST A DISTANCE OF 102.90 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 97,132.02 sf. OR 2.23 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 4478429 Pages: 14 of 17 04/03/2019 10:22 All R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-6 NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO IO 41 Nil iI II GOUN WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-3I SCALE: DATE: 1-14-19 'DRAWN BY: DRH SHEET: 2 of 3 EXHIBIT -C EXISTING ROW PAULSON (NOT A PART) PAULSON PAULSON �-W 1/4 COR. S7—T3N—R67W FOUND #6 RBR. NO CAP N89'31'39"E I 270.00' • I .I1 MARQUARDT oi ^I- *. co I N IN Iw N N SIMMERING & O MONTGOMERY tn.' N t *50' ROW --111 I RATNER 80' EXIST. ROW I I� 10 iz TPOB L1 IMMIMINO SPAHN NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. SO0'28'21"E 30.00' 30' S89'31'39"W 240.00' SWI/4 S7-T3N-R67W N89'31'39"E 8.00' S00'28'21 "E S00'28'21 "E 60.00' S89'31'39"W 8.00' a) **80' ROW *ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922 **60' ROW ***60' ROW OCT. 6, 1875 OCT. 7. 1878 RD-BK 2. PG 31 RD-BK 2. PG 225 R0100/41 RD100/86 NEW DAY/SUNRISE LLC PARC.# 120907000001 RECP.#3 157152 LINE TABLE LINE BEARING DISTANCE L1 N00.28'21 "W 137.98' L2 N89'31'39"E 74.00' L3 S34'05'14"E 78.89' L4 NO2'56'35"E 15.00' L5 S02'56'35"W 15.00' L6 S02'56'35"W 20.00' L7 S87'03'25"E 80.00' L8 S02'56'35"W 40.00' L9 N87'03'25"W 10.00' L10 NO2'56'35"E 30.00' L11 N34'05'14"W 102.90' 30' S87'03'25"E 120.00'A S87'03'25"E 620.76' L OC I�4 �p e' SW COR. S7-T3N-R67W 4i F` 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX **60' ROW ELLIOTT FAMILY FARM IBM P 5 TCE-6 PROPOSED TCE 97,132.02 sf.± 2.23 ac. t rS87'03'25"E 321.91' 6 ! N87'03'25"W 1147.61' L8 7 ***60' ROW BALLINGER N 1/4 COR. S7-T3N-R6 FOUND /6 RBR. NO CAP S 1/4 COR. S7—T3N—R67W 2 }" ALUM. CAP ON #6 RBR. STAMPED LS#30462 (2000) IN MON. BOX N00'27'17"W 5322.68 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-6 NEW DAY/SUNRISE LLC WELD COUNTY, COLORADO 4478429 Pages: 15 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MrdrifIrWhiir' igj NOM AIN 11111 •64)12.610te GG?UNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-3I SCALE: 1 "=300 DATE: 1-14-I9 'DRAWN BY: DRH SHEET: 3 of 3 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between New Day/Sunrise Limited Liability Company, whose legal address is 1132E. State Highway 56, Berthoud, CO 80651, (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 Owner 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. County agrees that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. 4478429 Pages: 16 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO Plan 'figidUI'kilt ,11 k 111111 GRANTOR: Brad Johnson, New Day/Sunrise LLC STATE OF COLORADO SS. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2019, by Witness my hand and official seal. Notary Public 4478429 Pages: 17 of 17 04/03/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NU��ILIRI� +M��1 R 1 �4�N M�'�C1�9till�fi W�h 11111 Hello