HomeMy WebLinkAbout20190791.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-
WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13
AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ELLIOT FAMILY
FARM, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right -of -Way, Permanent Easement and Temporary Construction Easement for
Certain Improvements to Intersection at 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 Elliot Farms, LLC, 4850 West 103rd, Westminster,
Colorado 80031, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right -of -Way,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
Intersection at 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 Elliot Family Farms, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
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3/-11101
2019-0791
EG0076
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13 - ELLIOT FAMILY
FARMS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY:
Deputy CI k to the Boar
AP" • D AS TO
y
rney
Date of signature: 7-21- Iq
WELD COUNTY, COLORADO
Je_A-tuft--
arbara Kirkmeydr, Chair
Mike Freeman, Prq-Tem
James
Steve Moreno
2019-0791
EG0076
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN ELLIOT FAMILY FARM LLC
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made thisal) day of , 2019 by and between Elliott
Family Farm, LLC, a Colorado Limited Liability Company, whose address is 4850 West 103`d
Avenue, Westminster, CO 80031, hereinafter collectively referred to as "Owner," and the 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 TCE), 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 wishes to cooperate with County in completing 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 — Description, Depiction, and Form of ROW.
Exhibit B — Description, Depiction, and Form of PE.
Exhibit C — Description, Depiction, and Form of TCE.
H. COMPENSATION; PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner, as described below, is Fifteen
Thousand Eight Hundred Ninety -Six Dollars, ($15,896.00).
a. Owner agrees to sell and County agrees to purchase at closing the Public Road
Right -of -Way described and depicted on Exhibit A for the sum of Six Thousand
Six Hundred Dollars, ($6,600.00).
b. Owner agrees to convey at closing a Permanent Easement described on Exhibit
B for the sum of Four Thousand Twenty Dollars, ($4,020.00).
c. Owner agrees at closing to sell and County agrees to purchase the Temporary
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Carly Koppes, Clerk and Recorder, Weld County, CO
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2019-0791
Page 2 of 5
AGREEMENT FOR TIIE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLIOT
FAMILY FARM, LLC AND WELD COUNTY, COLORADO
Construction Easements described on Exhibit C for the sum of One Thousand
Six Hundred Eight Dollars, ($1,608.00).
d. County agrees to pay "Three Thousand Six Hundred Sixty -Eight Dollars,
($3,668.00) as a signing incentive.
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
III. PUBLIC ROAD RIGHT(S)-OF-WAY
1. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication
as provided in Exhibit A.
2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of -
Way to County at the date of closing which shall be no later than thirty (30) days following
mutual execution of this Agreement. The dedication shall not be valid until accepted and
approved by the Board of County Commissioners and signed by the Chair or other person
delegated authority to sign on behalf of the Board.
3. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property, if any exists.
IV. PERMANENT EASEMENT(S)
1. Owner agrees to grant the Permanent Easement to the Grantee described in, and in a form
substantially similar to, the attached Exhibit B, subject to the terms contained therein.
2. Owner shall deliver the fully executed Permanent Easement to County at the date of closing
which shall be no later than thirty (30) days following mutual execution of this Agreement.
V. TEMPORARY CONSTRUCTION EASEMENT(S)
1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering
all property described and depicted in, and subject to the terms provided in, Exhibit C.
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
VI. CLOSING
1. County shall not be liable for any encumbrance associated with the Property prior to the
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Page 3 of 5
AGREEMENT FOR 'HIE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLIOT
FAMILY FARM, LLC AND WELD COUNTY, COLORADO
date of closing. Owner shall pay any encumbrance associated with the Public Road Right -
of -Way, the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including, but not limited to, a prorated amount of the property taxes,
and any past due property taxes, (and interest and penalties thereon), on or before the date
of closing when Owner delivers the Deed of Dedication to County and the Permanent
Easement. Owner is solely responsible for the payment of any amounts owed to a third
party holding a security or other ownership interest in the Public Road Right -of -Way,
Permanent Easement and Temporary Construction Easement.
2. County shall at closing pay for the cost of obtaining title insurance if County elects to
obtain title insurance for the Property.
3. County shall at closing pay all fees associated with recording this Agreement, the
Temporary Construction Easement, and/or the Deed of Dedication.
VII. MISCELLANEOUS:
1. This Agreement and the conveyance of the Property made pursuant to the terms herein,
shall be binding upon, all and inure to the benefit of and be enforceable by the parties and
their heirs, executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter
amended.
4. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It
is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
5. This Agreement including the Exhibits attached hereto and incorporated herein, contains
the entire agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this
Agreement. No oral representation, promise, or consideration different from the terms
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Carly Koppes, Clerk and Recorder; Weld County, CO
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Page 4 of 5
AGREEMENT FOR 'HIE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLIOT
FAMILY FARM, LLC AND WELD COLNTY, 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. Colorado law, and 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 the parties, Contractor agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
3. 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.
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Carly Koppes: Clerk and Recorder, Weld County; CO
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Page 5 of 5
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN ELLIOT
FAMILY FARM, LLC AND WELD COUNTY, COLORADO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: ELLIOT FAMILY FARM, LLC
By: j - b-/ 4 C /2-e' Title: (-)ai.l elz- /424/-)// evz_
ATTEST: ddrAvt) �' ,eA BOARD OF COUNTY COMMISSIONERS
Weld 10 nt Clerk to the Board WELD COUNTY, CQLORADO
BY:
Deputy C k to t e :i d / Barbara Kirkmeer, Chair
FEB 202019
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Carly Koppes, Clerk and Recorder. Weld County, CO
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020(9, 07�/
EXHIBIT -A
RIGHT-OF-WAY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
KNOWN AS BASS RESERVOIR AND BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO, 199995 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT PART OF SAID BASS RESERVOIR BEING DESCRIBED AS,
THE SOUTH 50.00 FEET OF THE NORTH 80.00 FEET OF THE NORTHWEST ONE -QUARTER
OF SAID SECTION 18
SAID PARCEL CONTAINS 23,916.73 sf. OR 0.55 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-8
ELLIOTT FAMILY FARM LLC
WELD COUNTY, COLORADO
GOON
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE:
DATE 10-12-1S
DRAWN BY DRH
SHEET: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
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EXHIBIT -A
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NW COR. S18-T3N-R67W
2" ALUM. CAP ON #6 RBR,
ILLEG. IN MON. BOX_
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1'1 I
t i CARMICHAEL
Pt.
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RD-BK 2, PG 31
RD1OO/41
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2"ALUM. CAP ON #6 RBR. STAMPED
HASCALL PLS#23500 (1996) IN MON. BOX
RIGHT OF WAY
ACQUISITION
RW-8
ELLIOTT FAMILY FARM LLC
WELD COUNTY, COLORADO
- 60' ROW OCT. 7, 1878 N 1/4 COR. S18-T3N-R67W -
RD--BK 2, PG 225 RD100/86 2 1/2" ALUM. CAP ON #6 RBR. STAMPED
LS#30462 (2000) IN MON. BOX
- - �� _ _256 i • .•
— �P't:.� ��--'�1--�--
BALI-
PROPOSED ROW
23,916.73 sf. 0
0.55 ac.±
NW 1/4
S/8-13N-R67W�1
BASS RESERVOIR
RECP_99995
BALLINGER
LOT-El/RE-1311
RECP./2239129
ELLIOTT FAMILY FARM LLC
\ PARC.# 120918000002
1 RECD.#3124290, 3124291, 3124292 & 3124293
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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.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: I "=200
DATE:1O-12-18
DRAWN BY DRII
SHEET: 2 oft
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Carly�IKoppes, Clerk and Recorder, Weld County, CO
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DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this _ day of , 2019, between Elliot Family Farm LLC,
(referred to herein as "Grantor", 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 "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: ELLIOT FAMILY FARM, LLC
Karl Leroy Elliott
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STATE OF COLORADO )
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COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 2019, by
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),
XCEL/PUBLIC SERVICE
EXHIBIT- B
PERMANENT EASEMENT DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
KNOWN AS BASS RESERVOIR AND BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 199995 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT PART OF SAID BASS RESERVOIR BEING DESCRIBED AS,
THE SOUTH 50.00 FEET OF THE NORTH 130.00 FEET OF THE NORTHWEST ONE -QUARTER
OF SAID SECTION 18
SAID PARCEL CONTAINS 29,339.21 sf. OR 0.67 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
PERMANENT EASEMENT
ACQUISITION
ELLIOTT FAMILY FARM LLC
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: 1"-200
DA-E:10-12-IK
DRAWN BY; IRH
SHEET: oft
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Carly Koppes; Clerk and Recorder; Weld County., CO
III
XCEL/PUBLIC SERVICE
EXHIBIT -B
NW COR. S18-13N-R67W
2" ALUM. CAP ON #6 RBR.
ILLEG. IN MON. BOX
r--
1 • 1
BALLINGER
CARMICHAEL
- 60' ROW OCT. 7, 1878 N 1 /4 COR. S18-T3N-R67W -
RD-BK 2, PG 225 R0100/86 2 1/2" ALUM. CAP ON #6 RBR. STAMPED
'-1- - - - _ _ LS#30462 (2000) IN MON. BOX
i _ _. ' - S -$7 X3'25' [� A
1::::: -.7I:.:744. -57.:::-::.,1..]--`4.-i.
50'
PE 11
PROPOSED PE FOR
PUBLIC SERV./XCEL
29,339.21 sf.±/0.67 ac.±
PL
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�- 60' ROW OCT. 6, 1875
RD—BK 2, PG 31
RD100/41
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1
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W 1/4 COR. S18-13N-R67W
2"ALUM. CAP ON #6 RBR. STAMPED
HASCALL PLS#23500 (1996) IN MON. BOX
NW 1/4
S18-T3N-R67W
BASS RESERVOIR
RECP./199995
BALLINGER
LOT-B/RE-1311
RECP./2239129
ELLIOTT FAMILY FARM LLC
PARC.#120918000002
RECP./B124290, 3124291, 3124292 & 3124293
.o
Pt
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.
PERMANENT EASEMENT
ACQUISITION
PE -8
ELLIOTT FAMILY FARM LI,C
WELD COUNTY, COLORADO
441/4
1g ivy..•
GOUNTY
1
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: 1"-200
DATE: I0- I2- I lt
DRAWN BY: DRN
SHEET. 2 oft
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Pr r1MIVIN CAI'T III
After recording, return to:
Public Service Company of Colorado
1123 West Third Avenue
Denver, CO 80223
Attn:
DIVISION
LOCATION
ROW AGEN
DESCRIPTION AUTHOR
AUTHOR ADDRESS
GAS EASEMENT
DOC. NO.
PLAT/GRID NO.
WO/JO/CREG NO.
ELLIOTT FAMILY FARM LLC ("Grantor") for good and valuable consideration the receipt
and adequacy of which is hereby acknowledged, grants, bargains, sells, conveys and confirms to
PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, with an address
of 1800 Larimer Street, Denver, CO 80202, Suite 1 100 ( "Grantee" or "Company"), its
successors and assigns, a gas easement (the "Easement") more particularly described as follows:
A perpetual non-exclusive easement for the transmission or distribution, or both, of gas on, over,
under, through and across the following described premises:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY THIS
REFERENCE (the "Easement Area").
Together with the full right and authority in Grantee, its successors, licensees, contractors, or
assigns, and its and their agents and employees to (1) enter the Easement Area at all times to
survey, mark and sign the Easement Area or the Facilities (as defined below); (2) access,
construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect,
improve, enlarge, and maintain gas pipelines, with necessary and proper valves, manholes, gas
meter/regulator stations, guardrails, fences, and other appurtenances and devices used or useful in
connection therewith (collectively the "Facilities"); (3) remove objects interfering with the
Facilities or the exercise of Grantee's rights hereunder; and (4) use and have reasonable ingress
and egress along and across the Easement Area for personnel, equipment and vehicles.
Grantor agrees not to perform any act that will impair the structural integrity of, interfere with, or
endanger said Facilities. Without limiting the foregoing, Grantor shall not, without the prior
written approval of Grantee, alter the existing ground elevations or change the compaction of the
soil on the Easement Area. No temporary or permanent buildings, structures (including without
limitation trailers or mobile homes), signs, or wells shall be placed or permitted to remain on,
under, or over the Easement Area by Grantor. No other objects shall be erected, placed, or
permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere
with the Facilities installed on the Easement Area or interfere with the exercise of any of the
rights herein granted. Grantor shall not without the prior written approval of Grantee, build,
create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and
gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or
PSCo Gas Form 07/17
US.! 1 3 1 67294.0!
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temporary, nor allow the impoundment of water on the Easement Area. Any of the
improvements or structures described in this paragraph may be hereinafter called
"Improvements". No failure by Grantee to remove or otherwise object to such Improvements
shall be deemed to constitute consent on the part of Grantee to such Improvements. In addition,
no such failure by Grantee to remove or otherwise object to such Improvements shall be deemed
a waiver of Grantee's right to remove any such Improvements without further notice or
compensation to Grantor. No waiver by Grantee of any provision hereof, nor any approval of
Grantee required herein, shall be deemed to have been made unless made in writing and signed
by an authorized representative of Grantee.
Grantor further agrees to contact the Utility Notification Center of Colorado (1-800-922-1987),
or any similar one -call utility line locator system which may replace or supplement it, at least
four business days (or such longer time if required by applicable law) prior to the commencement
of construction or excavation on the Easement Area to arrange for field locating of Facilities.
Non-use or a limited use of the Easement Area shall not prevent Grantee from thereafter making
use of the Easement Arca to the full extent herein authorized. Following completion of
construction or renovation of its Facilities on the Easement Area, Grantee shall restore the
surface of the Easement Area to as near a condition as existed prior to such work as is reasonably
practicable, taking into account, among other things, the existence of the Facilities and the
restrictions stated herein, including prohibitions or limitations on structures, trees, shrubs, and
other objects.
No amendment, modification or supplement of this Easement shall be binding on Grantee unless
made in writing and executed by an authorized representative of Grantee (or its successor or
assign, if applicable). The provisions of this Easement shall run with the land and shall be
binding on and burden the Easement Area and shall be binding on and shall inure to the benefit
of all persons claiming an interest in the Easement Area, or any portion thereof, through the
parties hereto, including the heirs, executors, administrators, personal representatives, successors,
and assigns of Grantor and Grantee. "Grantor" shall include the singular, plural, feminine,
masculine and neuter.
Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right
to sell, transfer, convey and grant the easement and rights contained in this Easement. This grant
is binding on Grantor, is not conditioned upon obtaining the consent of any third party, and is not
subject to any mortgages or liens, except those for which Grantor has provided Grantee with a
consent and subordination agreement, executed by such mortgagee or lienholder and attached
hereto.
This Easement incorporates all agreements and stipulations between Grantor and Grantee as to
the subject matter of this Easement and no prior representations or statements, verbal or written,
shall modify, supplement or change the terms of this Easement. The title of this document is
inserted for convenience only and does not define or limit the rights granted pursuant to this
Easement. This Easement consists of the document entitled "Gas Easement" and an Exhibit
containing a legal description and a sketch depicting the legal description if referenced above or
PSCo Gas Form 07/17
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Carly Koppes: Clerk and Recorder, Weld County: CO
■III r rla 59'0 N 1TW Iil'i IL+I NIIMich "Ill
attached hereto, and if attached hereto, a Consent and Subordination. No other exhibit,
addendum, schedule or other attachment (collectively "Addendum") is authorized by Grantee,
and no Addendum shall be effective and binding upon Grantee unless separately executed by an
authorized representative of Grantee.
Executed and delivered this
GRANTOR:
day of , 20
STATE OF COLORADO
COUNTY OF WELD
) ss.
The foregoing instrument was acknowledged before me this day of , 20
by :
as, a
Witness my hand and official seal.
My Commission Expires:
Notary Public
US.113167294.01
1 3 1 67294.01
4469699 Pages: 13 of 17
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County, CO
VIII li rd�L`�ff I it I L irkhk kith 11 II 1
PSCo Gas Form 07/17
US. 113167294.01
EXHIBIT -C
TEMPORARY EASEMENT DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
KNOWN AS BASS RESERVOIR AND BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 199995 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT PART OF SAID BASS RESERVOIR BEING DESCRIBED AS,
THE SOUTH 50.00 FEET OF THE NORTH 130.00 FEET OF THE NORTHWEST ONE -QUARTER
OF SAID SECTION 18
SAID PARCEL CONTAINS 29,339.21 sf. OR 0.67 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
TEMPORARY EASEMENT
ACQUISITION
TE-8
ELLIOTT FAMILY FARM LLC
WELD COUNTY, COLORADO
GoU N TY.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-3I
SCALE: 1"-=200
DATE:10-12-18
DRAWN BY DRII
SHEET oft
4469699 Pages: 14 of 17
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
■iii r����'ca't4h�h'�M'al��i����K i�,�{n:���� III III
EXHIBIT -C
z
a
U1
0
NW COR. S18-T3N-R67W
2 ALUM. CAP ON 06 RBR.
ILLEG. IN MON. BOX_„
I I` -- • _ __ _50
•
50'
O 1
IN I
CARMICHAEL
I ly l
1 � 1
I
1 , 1
1 ,
I I -PL
i ' 1
I'I
'
TCE-$
PROPOSED TCE
29,339.21 sf.±/0.67 ac.±
PL
: 60' ROW OCT. 6, 1575
RD-BK 2, PG 31
1 : i RD100/41
I : I
1 1
1 , 1
I : I
I 1
W 1/4 COR. S18-T3N-R67W
2"ALUM. CAP ON #6 RBR. STAMPED
HASCALL PLS#23500 (1996) IN MON. BOX
TEMPORARY EASEMENT
ACQUISITION
TE-8
ELLIOTT FAMILY FARM EEC
WELD COUNTY, COLORADO
60' ROW OCT. 7, 1878 N 1/4 COR. S18-T3N-R67W-
RD-BK 2, PC 225 RDIOO/86 2 1/2" ALUM. CAP ON #6 RBR. STAMPED
(2000) IN MON. BOX
_2.522,§.34 -'�-
NW 1/4
S18-T3N-R67W
BASS RESERVOIR
RECP. #199995
BALLINGER
LOT-B/RE-1 J11
RECP./2239129
1d
ELLIOTT FAMILY FARM LLC
PARC.#120918000002
RECP.#3124290, 3124291, 3124292 & 3124293
COUNTY
` 0,
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.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
4469699 Pages: 15 of 17
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
PROJECT NO: SRP-31
SCALE: 1"=200
DATE: 10.12-18IDRAWN BY: DRHISHEET: 2 of 2
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Elliott Family Farm, LLC, a
Colorado Limited Liability Company, whose address is 4850 West 103`d Avenue,
Westminster, CO 80031, (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.
4469699 Pages: 16 of 17
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Carly Koppes, Clerk and Recorder; Weld County, CO
1III Kira Ef Ei', I Ili III II I
GRANTOR: ELLIOT FAMILY FARM, LLC
By:
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
4469699 Pages: 17 of 17
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes: Clerk and Recorder. Weld County, CO
iii FAINTIII i Plid, O M& 14ummdrob, it III
MEMORANDUM
TO: Clerk to the Board DATE: May 10, 2019
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: CONSENT AGENDA
Acceptance of Deed of Dedication
RE: RW-8 FOR CR 13/34 Intersection Improvement Project (SRP-31)
DOC: #2019-0791
CONTRACT ID: #2459
Acceptance of a Deed of Dedication from:
ELLIOTT FAMILY FARMS
..50Z2 i9
(014/I�1
02,o/9_o7q
�&-007(a
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this day of , 2019, between Elliott Family Farm LLC,
(referred to herein as "Grantor", whether one o • 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 "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: ELLIOTT FAMILY FARM, LLC
Karl Leroy Elliott
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 29 day of OIC , 2019, by
tiztiQ. 1
Witness my hand and official seal.
Jacqueline o Hsit a rrow
ndez-Ba
STATE OF COLORADO
NOTARYID 20134061237
000SMYCOONPIRESA1212021
cvvtcLJ—
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 oday of , 2019.
air, Board of C s ty Co issioners
*No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant
to C.R.S. 43-2-201(1)(a). / %- 0 79/
EXHIBIT -A
RIGHT-OF-WAY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 3 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
KNOWN AS BASS RESERVOIR AND BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 199995 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT PART OF SAID BASS RESERVOIR BEING DESCRIBED AS,
THE SOUTH 50.00 FEET OF THE NORTH 80.00 FEET OF THE NORTHWEST ONE -QUARTER
OF SAID SECTION 18
SAID PARCEL CONTAINS 23,916.73 sf. OR 0.55 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
4491811 Pages: 2 of 3
05/24/2019 11:07 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
IIIINFJP111514WrigliiijidtMlidr.FigUrkiyi 1I II
RIGHT OF WAY
ACQUISITION
ELLIOTT FAMILY FARM LLC
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
DATE:10-12-18
SCALE:
DRAWN BY: DRH
SHEET: 1 oft
EXHIBIT -A
z
0
In
0
J
w
W COR. S18-T3N-R67W
2" ALUM. CAP ON #6 RBR.
--ILLEG. IN MON. BOX_
r---
iBALLINGER
^a/
A
I
I Or)I
(n
m
w
CARMICHAEL
PL
•
60' ROW OCT. 6, 1875
I RD-BK 2, PG 31
RD100/41
60' ROW OCT. 7, 1878 N 1/4 COR. S18-T3N-R67W-
RD-BK 2, PG 225 RD100/86 2 1/2" ALUM. CAP ON #6 RBR. STAMPED
-
_ LS#30462 (2000) IN MON. BOX
-f- - - -` --- S $7_03'25" E�`Q �/ -
2527.61' w GT['T _A�-
77.
50'
RW-8
PROPOSED ROW
23,916.73 sf.
0.55 ac.±
NW 1/4
S18-T3N-R67W
BASS RESERVOIR
RECP.4199995
o-
BALLINGER
LOT-B/RE-1311
RECP./2239129
ld
ELLIOTT FAMILY FARM LLC
PARC.# 120918000002
RECP.#3124290, 3124291, 3124292 & 3124293
'°(
�PL
!`
4491811 Pages: 3 of 3
05/24/2019 11:07 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
1111 PiPalllihkiliNIACIIIIiPAMEKIIII1Lrltiliii 1l 111
W 1/4 COR. S18-T3N-R67W
2"ALUM. CAP ON #6 RBR. STAMPED
HASCALL PLS#23500 (1996) IN MON. BOX
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.
RIGHT OF WAY
ACQUISITION
RW-8
ELLIOTT FAMILY FARM LLC
WELD COUNTY, COLORADO
1861
GOUNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: 1"=200
DATE:10-12-18
DRAWN BY: DRH
SHEET: 2 of 2
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