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Home My WebLink About20194851.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION PROJECT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HANKINS FARMS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Certain Property for Public Road Improvements (County Roads 54/17 Intersection Project) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hankins Farms, LLC, 27001 CR 17, Johnstown, Colorado 80534, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Certain Property for Public Road Improvements (County Roads 54/17 Intersection Project) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hankins 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. cc .. Pwrr.7I R C J, cxcT(6Crco) 12/..3 /I 1 2019-4851 EG0076 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION PROJECT) - HANKINS FARMS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: datif44) ' ;ok Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FOR Asst County Attorney Date of signature: 11/2--7/19 arbara Kirkmeyer; hair Sean/ . Conw.y Steve Moreno Mike Freeman, Pro-Tem 2019-4851 EG0076 Gan+ract 3a3H MEMORANDUM TO: Esther Gesick, CTB DATE: November 8, 2019 FROM: Tiffane Johnson, Public Works SUBJECT: Purchase and Sale Agreement for Hankins Farm LLC WCR 17 & 54 Intersection Project- SPR 30 Please place the attached Purchase and Sale Agreement on the BOCC Agenda. Once the agreement has been signed, please return an electronic copy of the signed version back to me so that we may proceed with payment This Purchase and Sale Agreement is for acquisition of Right -of -Way (ROW), Permanent Easement and Temporary Construction Easement (TCE)) parcels required for construction of the WCR 54 and WCR 17 intersection improvement located just north of the Town of Johnstown. The permanent easements were acquired on behalf of CenturyLink, Little Thompson Water District, Poudre Valley Rural Electric and DCP Midstream and replaced existing easement. Total compensation for this acquisition is $119,800.00. The area acquired from the owner included: • 1.83 acres of ROW for $16,000.00 • 0.26 acre of PE for CenturyLink for $1,200.00 • 0.54 acres of PE for DCP for $39,600.00 • 0.28 acres of PE for LTWD $1,200.00 • 0.003 acre of PE for Poudre Valley REA for $1,300.00 • 2.28 acres of TCE $7,500.00 • Loss of 0.7 acres of cultivated land • Modification to Irrigation systems, re -configuration of pond, replacement of signage $39,200.00 • Signing Incentive $8,100.00 This project design required the relocation of the above described utilities and a private gas line. In addition, the design also required modifications to his existing irrigation system and re -configuring the existing irrigation pond. The valuation of the acquisition was based off the appraisals prepared for the County and for the landowner and ranged between $8,700 to $13,100.00 per acre, respectively. Staff negotiated a voluntary settlement with the landowner via their attorney that included consideration for damages to the irrigation system, loss of cultivated crop land and payment for replacement of a private pipeline as a cost to cure in lieu of condemnation. I I/a5 2019-4851 E,C7OO"1Co HANKINS FARMS LLC PROPOSED rFNTURY LINK PE -2 a at s eassma SI Se A e►4-464 s. PROPOSED TCE 2 PROPOSED LTWD PE -2B PROPOSED DCP PE -2A PROPOSED RVV-2--� arargraer, - • - a _ 6 lb s .s a s. • + - - s s s rt r O - • a ail a SWISS s r S s • S • • -NTS- I i AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HANKINS FARMS, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this t J day of (\,oven bee' , 2019, by and between HANKINS FARMS, LLC, whose address is 27001 CR 17, Johnstown, CO 80534, 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 attached Exhibit C ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road WCR 54 and Weld County Road 17 which will include the addition of a roundabout for the new roadway (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: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A - RW 2 - Description, Depiction, and Form of ROW Exhibit B - Depiction and Form(s) of PE (CenturyLink, DCP Midstream, LTWD, PVREA Exhibit C - TCE 2 - Description, Depiction, and Form of TCE Exhibit D- Driveway Plan and Profile and Typical Section II. COMPENSATION; PROPERTY CONVEYANCE Total compensation to be paid by County to Owner, as described below, is One Hundred Nineteen Thousand Eight Hundred and 00/100 Dollars, ($119,800.00). (Total Compensation Rounded) a. Owner agrees to sell and County agrees to purchase at Closing the Public Road Right -of -Way described and depicted on Exhibit -A, RW-2 for the sum of Sixteen Thousand, and 00/100 Dollars, ($16,000.00). Page 1 of 6 4546656 Pages: 1 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 11111Nrid:MiinK94ui ['JAMMU II 1 o&0/ 9 W6/ Page 2 of 6 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HANKINS FARMS LLC AND WELD COUNTY, COLORADO b. Owner agrees to sell and County agrees to purchase at Closing the Temporary Construction Easement described on Exhibit -C, for the sum of Seven Thousand Five Hundred and 00/100 Dollars, ($7,500.00). c. Owner agrees to sell and County agrees to purchase at Closing the Permanent Easement described on Exhibit -B, PE -2 CenturyLink for the sum of One Thousand Two Hundred and 00/100 Dollars, ($1,200.00). d. Owner agrees to sell, and County agrees to purchase at Closing the Permanent Easement described on Exhibit -B, PE -2A DCP for the sum of Thirty -Nine Thousand Six Hundred and 00/100 Dollars, ($39,600.00). e. Owner agrees to sell, and County agrees to purchase at Closing the Permanent Easement described on Exhibit -B, PE -2B Little Thompson Water District or the sum of One Thousand Two Hundred and 00/100 Dollars, ($1,200.00). 1 Owner agrees to sell, and County agrees to purchase at Closing the Permanent Easement described on Exhibit -B, PVREA (service line relocation) for the sum of One Thousand Three Hundred and 00/100 Dollars, ($1,300.00). g. County agrees to compensate the Owner at Closing, the sum of Thirty -Nine Thousand Two Hundred and 00/100 Dollars, ($39,200.00) for the relocation of existing owner affected improvements including but not limited to the irrigation pond, signage and fencing. h. County agrees to compensate the Owner at Closing the sum of Five Thousand Six Hundred Fifty-five and 00/100 Dollars, ($5,700.00) for removing 0.7 acres of cultivated land from production. i. For the purpose of expediting the Project, County offers, and Owner accepts an incentive of Eight Thousand, One Hundred and 00/100 Dollars ($8.100.00) ("Incentive Payment") if this Agreement is properly executed by Owner and received by County or its representatives on or before September 27, 2019 ("Incentive Date"). If this Agreement is not properly executed and received by the County on or before the Incentive Date, the Owner shall not be eligible, and the County shall not be obligated to pay the Incentive Payment. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4546656 Pages: 2 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 2 of 6 MOT 4I 014, 1I 111 Page 3 of 6 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HANKINS FARMS LLC AND WELD COUNTY, COLORADO 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; or, if the Right -of -Way is financially encumbered, within 30 days from the date the title company closing the transaction on behalf of the County receives a partial release(s) of, or binding commitment from the lienholders/lenders to issue partial release(s) of, financial encumbrances affecting the Right -of -Way. The Deed of Dedication shall not be valid until accepted and approved by the Board of County Commissioners. 3. Owner reserves all oil, gas, hydrocarbons and the mineral estate and any water rights currently attached to or associated with the Property, if any exist. 4. Owner has entered into this Agreement only because the County has the power of eminent domain and requires the property for public purposes. IV. PERMANENT EASEMENT(S) 1. Owner agrees to grant the Permanent Easements to the Grantee described in, and in a form(s) 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 agrees to convey a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit -C, TCE-2. 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 date of closing. Owner shall pay any encumbrance associated with the Public Road Right - Page 3 of 6 4546656 Pages: 3 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 NUPJR:1fi ItiVr *L'U Page 4 of 6 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HANKINS FARMS LLC AND WELD COUNTY, COLORADO of -Way, Permanent 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, Permanent and Temporary Construction Easements to County. 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 and Temporary Construction Easements. 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, Permanent Easement, Temporary Construction Easement, and the Deed of Dedication. VII. MISCELLANEOUS: 1. County agrees to construct new access as depicted on Exhibit D. Access shall be an all- weather surface. 2. 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. 3. This Agreement shall be binding upon the Owner upon the date of signature by the Owner. This Agreement shall be binding upon the County upon approval by the Board of County Commissioners of Weld County, Colorado or its designee. 4. 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. 5. 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 Page 4 of 6 4546656 Pages: 4 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Mr.0Rti3M1I47ICGI 'NI KA BIM Page 5 of 6 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HANKINS FARMS LLC AND WELD COUNTY, COLORADO 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 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. 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. Page 5 of 6 4546656 Pages: 5 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 lirdrai'llethh'iWilil IMItigktili'iiiliaL' i 1I III Page 6 of 6 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN HANKINS FARMS LLC AND WELD COUNTY, COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: 12X2-1"). 12".--12 e - Hankins Farms LLC ATTEST. Wj„grel J BOARD OF COUNTY COMMISSIONERS Weld ' ou ty Jerk to the : oa , W D COUNTY, OLORADO BY. Deputy Cle to the Board / / �+'<<�.�a Kirkme er, Chair APPROV D AS TO O M: Cou ty Attorney Page 6 of 6 4546656 Pages: 6 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 r.011 GIIM 11111 a&/9_ 1a27 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 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. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH 00'01'37" WEST, A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 30.04 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 30.00 FEET TO A POINT THAT INTERSECTS THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 54 AND THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 17 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 54 NORTH 89'57'01" WEST A DISTANCE OF 1292.99 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY UNE AND ALONG SAID WEST LINE NORTH 00'03'35" WEST A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'57'01" EAST A DISTANCE OF 1113.00 FEET; THENCE NORTH 70'34'17" EAST A DISTANCE OF 113.14 FEET; THENCE NORTH 35'16'20" EAST A DISTANCE OF 57.62 FEET; THENCE NORTH 00'01'37" WEST A DISTANCE OF 450.47 FEET; THENCE NORTH 14'58'23" EAST A DISTANCE OF 92.69 FEET; THENCE NORTH 89'58'23" EAST A DISTANCE OF 16.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF COUNTY ROAD 17; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 00'01'37" EAST A DISTANCE OF 664.85 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 79,691.45 sf. OR 1.83 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-2 HANKINS FARMS LLC WELD COUNTY, COLORADO 4546656 Pages: 7 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: DATE: 4-02-19 DRAWN BY: DRH SHEET: I of2 VIII hire IVA'r1RAI :mum imam um EXHIBIT -A E-1/4 COR. S2O-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX O.C.D. 30' WIDE- W. SIDE OF THE SW QUARTER 21-5-67 APRIL 4, 1894 REC/51710 H HANKINS FARMS LLC PARC.#095 720100004 RECP.#344285 I E-1/2 of the SE -1/4 SEC 20-T5N-R67W LINE TABLE LINE BEARING DISTANCE Lt NO0'01'37"W 30.04' L2 S89'58'23"W 30.00' L3 NO0'03'35"W 40.00' L4 N70'34'17"E 113.14' L5 N35'16'20"E 57.62' L6 N14'58'23"E 92.69' L7 N89'58'23"E 16.01' SE 1/4 520-T5N-RO7W BIN -2 PROPOSED ROW 79,691.45 sf.±/1.83 nc.± S89'57'01 "E 1113.00' L3 - - WCR S S-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX MOM 40' EXISTING 60.00' ROW JAN 9. 1884 REC/12383 RD BK 3 -PG 254 RD100/154 HEIN 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-2 HANKINS FARMS LLC WELD COUNTY, COLORADO Q.C.D. 30' WIDE- E. SIDE OF THE NE QUARTER 29-5-67 & 30' ME - E. SIDE OF THE SE QUARTER 20-5-67 APRIL 14, 1894 REC/52049 N89'57 0 W 1292.99' N89'57'01 W 264594 L4 L6 N00'01'37"W 450.47' 40' L5 P.O.C. SE COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17&54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: 1"=200 4546656 Pages: 8 of' 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO DATE: 4-02-19 (DRAWN BY: DRH SHEET: 2 of 2 1111 Mr.11U1IVARVIVIU I LiAY4rh 1I III DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2019, between Hankins Farms, 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, 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: Hankins Farms, 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 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. ATTEST: Weld County Clerk to the Board By: 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). 4546656 Pages: 9 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 IIPAllhelfrii 1403'141dMilliMi hin t 11111 CENTURYLINK EXHIBIT -B PERMANENT EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 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. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH 00'01'37" WEST, A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 70.28 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 210.01 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 89'57'01" WEST A DISTANCE OF 1113.00 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE ALONG SAID WEST LINE NORTH 00'03'35" WEST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'57'01" EAST A DISTANCE OF 1141.29 FEET; THENCE SOUTH 70'34'17" WEST A DISTANCE OF 29.99 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,271.50 sf. OR 0.26 cc. 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 PE -2 HANKINS FARMS LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE DATE:I0-31-18 DRAWN BY: DWI SHEET: 1 oft 4546656 Pages: 10 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Nr rr Ni./.114111: vim vi k\ liI'MN g4rh 1I II CENTURYLINK EXHIBIT -B h L3 E-1/4 COR. S2O-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX HANKINS FARMS LLC PARC.#095720100004 RECP.#3442851 E-1/2 of the SE -1/4 SEC 20-T5N-R67W LINE TABLE LINE BEARING DISTANCE Li NOO'O1'37"W 70.28' L2 S89'58'23"W 210.01' L3 N00'03'35"W 10.00' L4 S7O'34'17"W 29.99' SE I'4 S20-15N-R67W PE -2 PROPOSED CENTURYUNK EASEMENT 11,271.50 sf.±/0.26 ac,f- 10' S89'57'01 "E 1141.29' Q.C.D. 30' WIDE- W. SIDE OF THE SW QUARTER 21-5-67 APRIL 4, 1894 REC/51710 Q.C.D. 30' WIDE- E. SIDE OF THE NE QUARTER 29-5-87 & 30' WIDE - E. SIDE OF THE SE QUARTER 20-5-67 APRIL 14, 1894 REC/52049 N.ADDm0NAL ROWN89'57`O1"W 1113.00' WCR 54 S-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX EXISTING 80.00' ROW JAN 9, 1884 RECII12383 RD K 3 -PG 254 RD100/154 HEIN 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. N89'57'07W 2645.94' i I 1 L2 Lt 0 1n rn L P.O.G. SE COR. S20-15N-R67W- 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX PERMANENT EASEMENT ACQUISITION PE -2 HANKINS FARMS LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 DATE:10-31-18 SCALE: 1 "=200 DRAWN BY: DRIEJSHEET: 2 oft 4546656 Pages: 11 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1��1 1i N�I�4i� � 4Cl1�4 f kM I iYlltlltlfl D14411111 11111 APN: Return recorded document to: CenturyLink NIS Manager 1025 Eldorado Blvd Broomfield, Co 80021 CABLE EASEMENT is This Cable Easement and the rights contained herein are granted by ("Grantor"), whose address For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor, Grantor, for itself, its successors and assigns, grants to <LEGAL CENTURYLINK ENTITY>, its successors, assigns, lessees, licensees and agents ("Grantee"), subject to the terms stated in this Cable Easement, a perpetual easement ("Easement") to install, construct, operate, maintain, expand, replace and remove underground cables and related facilities or structures as are reasonably necessary for Grantee to exercise the rights granted to it in this Cable Easement (collectively, "Facilities"), upon, over, through, under and along a parcel of land described on Exhibit "A" ("Easement Tract"), said Easement Tract being a portion of real property legally described on Exhibit "B" ("Property"), both exhibits being attached to and incorporated by reference into this Cable Easement. The grant of Easement also gives to Grantee the following rights: (a) the right of reasonable ingress and egress over and across the Easement Tract, Property and any real property owned or controlled by Grantor that is adjacent to the Easement Tract or Property for the purpose of Grantee exercising the rights granted to it in this Cable Easement; (b) the right to clear and keep clear all trees, roots, brush and other obstructions from the surface and sub -surface of the Easement Tract that interfere with Grantee exercising the rights granted to it in this Cable Easement; (c) the right to permit the carry -in and attachment of the conduit, wires, cables or other such items of any other entity or person as may be required by law to the Facilities; and (d) at Grantee's expense, the right to bring to and place at the Easement Tract electrical or other utility service for Grantee's use, and if required by the utility, Grantor will grant a separate easement to the utility for the purpose of the utility having access to and bringing service to the Easement Tract. Grantor will have the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted to Grantee in this Cable Easement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract that interfere with the rights granted to Grantee in this Cable Easement. PRN: 000000; ARN: 000000 4346656 Pages: 12 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO a44:NOCNONh4lila 4Y4 11111 Grantor wags that C,as,tafr is the owner of the Easement Tract and Property and Nrfa fus1rtlk. tU tl,i... L"a,s..,I M. ,a,sd Itiup,.,ty abaissat tla Cla,sts of a,sy a, 1J all t,.Mil and -that Grantor has full authority to grant this Easement according to its terms. GI ditto' fa, thcr -warrants that To the best of Grantor's knowledge, the Easement Tract and Property are free from any form of contamination and contain no hazardous, toxic or dangerous substances. Signed by Grantor this day of , 20_ <GRANTOR> GRANTOR: By: Printed Name: Title: THE STATE OF COUNTY OF BE IT REMEMBERED, that on this day of , 20� before me, a Notary Public in and for said County and State, came , who is personally known to me to be the same person who signed the herein instrument, and such person duly acknowledged the signing of the same to be his/her act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public My appointment expires: PRN: 000000; ARN: 000000 4°346636 Pages: 13 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� IYUFJEl11Pi r lIh4'I6iLk1 0 Mk 1111 EXHIBIT A TO CABLE EASEMENT DESCRIPTION OF EASEMENT TRACT PRN: 000000; ARN: 000000 4346666 Pages: 14 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III IKr�ira 14ai1 �4� I k'� y�l Il4�'l�,ti�GL'�Nrih 11111 EXHIBIT B TO CABLE EASEMENT LEGAL DESCRIPTION OF PROPERTY PRN: 000000; ARN: 000000 4546656 Pages: 15 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 DCP MIDSTREAM LP EXHIBIT -B PERMANENT EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 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. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH 00'01'37" WEST, A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 80.24 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 181.72 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 89'57'01" WEST A DISTANCE OF 1141.29 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE ALONG SAID WEST LINE NORTH 00'03'35" WEST A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'57'01" EAST A DISTANCE OF 1197.88 FEET; THENCE SOUTH 70'34'17" WEST A DISTANCE OF 59.98 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 23,391.75 sf. OR 0.54 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 PE -2A HANKINS FARMS LLC WELD COUNTY, COLORADO 4546656 Pages: 16 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii NJLIP&INiti Wit BIM WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: DATE:l0-31-18IDRAWN BY:DRH SHEET: 1 of 2 DCP MIDSTREAM LP EXHIBIT -B N L3 E-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX HANKINS FARMS LLC PARC.#095720100004 RECP.#3442851 E-1 /2 of the SE -I/4 SEC 20-T5N-R67W LINE TABLE LINE BEARING DISTANCE L1 NOO'01'37"W 80.24' L2 S89'58'23"W 181.72' L3 NO0'03'35"W 20.00' L4 S70'34'17"W 59.98' SE 1,/4 S20 -T 5N-R67W PE -2A PROPOSED DCP EASEMENT 23,391.75 sf.±/0.54 ac.± — S89'57'01 "E 1197.88' 20' � 14 30' WOE- W. SIDE OF THE SW QUARTER 21-5-67 APRIL 4, 1894 REC/51710 Q.C.D. 30' WIDE- E. SIDE OF THE NE QUARTER 29-5-67 & 30' WIDE - E. SIDE OF THE SE QUARTER 20-5-87 APRIL 14, 1894 REC#52049 i ..ADDIInONAI. R N89'5T01"W 1141.29'—I- 100' WCR S-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX MED F N89'5TOt "W 2645.94' EXISTING 60.00' ROW JAN 9. 1884 REC/12383 RD BK 3 -PG 254 RD100/154 IIEIN 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 -2A HANKINS FARMS LLC WELD COUNTY, COLORADO 4546656 Pages: 17 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iliAnil hiliir f�IVVIVII4 1I 111 �- L2 LI P.O.C. SE COR. S20-T5N-R67W- 2-1 /2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: 1"=200 DATE:I0-31-181DRAWN BY: DIM SHEET: 2 of 2 GRANT OF PIPELINE RIGHT-OF-WAY EASEMENT AND TEMPORARY USE AREA HANKINS FARMS, LLC, whose address is 27001 Weld County Road 17, Johnstown, Colorado 80534 ("Grantor") hereby grants and conveys to DCP MIDSTREAM, LP, whose local address is 3026 4th Avenue, Greeley, Colorado 80631, ("Grantee"), a certain non-exclusive easement and right-of-way ("Easement"), along with an associated temporary easement and temporary use area ("Temporary Use Area") on, over, across, along, under and in the property described in Exhibit "A" (the "Property") hereby incorporated by reference, together with the right to enter, re-enter, occupy and use the Property for the following purposes related to Grantee's construction and operation of a pipeline. A. USE OF EASEMENT AND TEMPORARY USE AREA BY GRANTEE. The right to use the Easement and Temporary Use Area shall belong to Grantee and its directors, members, officers, agents, employees, designees, contractors, guests and invitees, successors or assigns, and all those acting by or on their behalf for the following purposes: 1. Use of Easement and Temporary Use Area. To survey, construct, maintain, inspect, operate, repair, replace, modify, reconstruct, mark, monitor, abandon or remove, at Grantee's election one eight inch (8"), or smaller, pipeline and appurtenances, below ground, including but not limited to launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other associated substances, whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, under, or through the land situated in Weld County, State of Colorado, as described and shown on attached Exhibit "A". 2. Term of Easement. The Easement, being Twenty feet (20') in width, shall remain in force and effect for so long as the pipeline installed pursuant to paragraph A.1 is being used or is available for use for the described uses. In the event the wells being served by said pipeline are abandoned, Grantee shall have no rights of any type in and into the subject property. 3. Term of Temporary Use Area. The Temporary Use Area being Thirty feet (30') on both sides of the Easement as described Paragraph A.1 shall remain in force and effective from this date the until construction of the pipeline within the Easement is complete and Grantee has restored the Easement and Temporary Use Area as required pursuant to this Agreement and applicable regulations. i 4346636 Pages: 18 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Till I FICIPIJ' air''IiiI ITI IIIN Wr LDNIkrIi 1I III 4. Assignability. The Grantee shall have the right to assign all or any portion of the rights and obligations herein granted and the assignee shall assume all rights and obligations granted under this Grant of Pipeline Right - of -Way Easement and Temporary Use Area. The Grantee will provide the Grantor with written notice of any assignment within thirty (30) days of the assignment. 5. Exceptions. Grantee's rights hereunder are expressly subject to the following: (a) All reservations, grants, limitations and conditions of any underlying patents covering the Easement or Temporary Use Area or any portions thereof, and the rights of any party pursuant thereto recorded as of the date of this Agreement; (b) All easements or rights -of -way over or across the Easement or Temporary Use Area or any portion thereof recorded as of the date of this Agreement; (c) The rights of any party under any oil, gas, mineral or other leases, or surface owners' agreement or agreements, if any, covering all or any portion of the Easement and Temporary Use Area, provided the exercise of those rights do not interfere with the use and enjoyment of this Easement or Temporary Use Area by the Grantee; 6. Covenants, Easements and Indemnities of the Grantee. During the term of this Easement and the Temporary Use Area: (a) Grantee shall bury the pipeline installed by Grantee with a minimum of thirty-six (36) inches of cover at the time of construction. Said pipeline shall be constructed in the specific location and in the manner designated and referred to herein and as shown on Exhibit "A"; (b) Grantee agrees that it will at all times maintain said pipeline in proper condition and repair all breaks, damages and leaks therein and thereto at its own expense and further that, if by reason of any break, leak or damage in and to said pipeline, injury to the property of the Grantor is sustained, then Grantee will, with due diligence, repair and replace such property of Grantor to the same condition as it was prior to such break, 4546656 Pages: 19 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III leak or damage and Grantee will pay for any and all damages resulting from such break, leak or damage sustained or incurred by Grantor within a reasonable period of time; (c) Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages, if any, within a reasonable period of time; (d) During construction of the pipeline, the same shall be compacted upon installation. In excavating for the pipeline, soils will be separated so that the top soil and subsurface soil shall be placed back in the proper order and leveled with the topsoil on top; (e) Within a reasonable period of time upon conclusion of any initial construction or later maintenance, construction or repair work, Grantee shall restore the Easement and Temporary Use Area and any other work area to as near their pre-existing condition as is reasonably practicable, including the replacement and repair of any fencing, the removal of all rocks from the Property greater than three inches (3") diameter, and replacing any topsoil removed and disturbed. (f) Grantee shall give Grantor prompt notice of any of the following occurrences arising with regard to the Property or Grantee's activities thereon; (i) Any spill, release, or other occurrence that constitute a violation of the provisions of any applicable laws, rules or regulations or this Grant of Pipeline Right -of -Way Easement and Temporary Use Area; and (ii) Any notices, claims or allegations of environmental violations or contamination received from any federal, state or local governmental agency or authority or the filing or commencement of any judicial or administrative proceeding by any such agency. (g) Grantee shall indemnify, defend and hold Grantor harmless from and against any and all damages, claims, causes of action, actions, losses, liabilities, fines, costs, and expenses 3 4346636 Pages: 20 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII M R'RIAlil1 arlialE UliVi iWIllui II H (including without limitation reasonable attorneys' fees and expenses and costs of investigation or trial) resulting from Grantee's failure to comply with the laws, ordinances, rules and regulations or otherwise resulting from or related to negligent operations conducted by Grantee under this Easement. Grantee shall further indemnify, defend and hold Grantor harmless from and against any and all damages, claims, demands, causes of action, actions, losses, liabilities, fines, costs, and expenses (including without limitation reasonable attorneys' fees and expenses and costs of investigation or trial) arising out of damage to livestock and property or injury to or death of Grantor's employees or any other person or party, where such injury, death or damage occurs as a result of the Grantee's operations under this Easement. (h) Grantee shall indemnify and hold Grantor harmless from and against any and all claims and liens upon the Easement for labor or materials furnished to Grantee; (i) Access to and egress from the Easement and Temporary Use Area shall be limited to direct access from established public roadways or access from those roads identified by Grantor as access roads. Grantee shall provide 24 hours notice of its intent to enter and begin construction. Grantee will be responsible for any and all actual damages relating to its use of such access roads. In addition, after construction is completed, Grantee may utilize access roads under the same conditions as herein stated for necessary pipeline maintenance and repair at no additional cost. (j) Grantee shall be liable to Grantor for any and all actual damages or physical injuries arising out of or relating to the actions of any agent, employee, contractor, subcontractor, guest or invitee resulting from the negligent actions or omissions of the Grantee; 7. Specific Enforcement. The Easement and Temporary Use Area are specifically enforceable, and in the event of either party's default with respect to any of the covenants and Easements hereunder on its part to be kept and performed, the defaulting party shall pay to the non -defaulting party all costs and expenses of enforcing the Easement and Temporary Use Area, or in pursuing any remedy provided hereunder or by the statutes of 4 4346656 Pages: 21 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1161' VOW' 11111 the State of Colorado, whether such remedy is pursued by filing suit or otherwise, including reasonable attorney's fees. Venue for any action shall be in Weld County, Colorado. 8. Warranty. Grantor makes no warranty, express, implied or statutory with respect to the Property, the Easement or the ownership thereof. B. USE OF EASEMENT AND TEMPORARY USE AREA BY GRANTOR. Grantee's use of the Easement and Temporary Use Area hereunder shall be non- exclusive. The Grantor reserves the right to cultivate, use and occupy the land covered by the Easement consistent with the rights and privileges herein granted and which will not materially interfere with or endanger any of the facilities within the Easement or use thereof by the Grantee. Such reservation by the Grantor shall in no event include the right to construct any buildings or other permanent or temporary improvements, to impound water, to change the grade on or over the Easement, or to plant any trees or shrubs within the Easement. Grantor shall indemnify, defend and hold Grantee harmless from and against any and all C. BENEFITS AND BURDENS. The benefits and burdens of this Grant of Pipeline Right -Of -Way Easement and Temporary Use Area shall be binding upon and shall inure to the benefit of the Grantee and the Grantor, their heirs, assigns, successors and personal representatives. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant this day of September, 2019. Grantor: Grantee: Hankins Farms, LLC DCP Midstream, LP By: By: Harlan W. Hankins, Manager 5 4546656 Pages: 22 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I4rji'raW UI'INIiirifiN kV NA H STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of September, 2019 by Harlan W. Hankins, Manager of Hankins Farms, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of September, 2019 by of DCP Midstream, LP, in its capacity as , on behalf of such company. Witness my hand and official seal. My commission expires: Notary Public 6 4546656 Pages: 23 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO g IMF M 1I II LTWD EXHIBIT -B PERMANENT EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 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. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH 00'01'37" WEST, A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 126.64 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 90.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 00'01'37" WEST A DISTANCE OF 588.25 FEET; THENCE NORTH 89'58'23" EAST A DISTANCE OF 46.00 FEET TO A POINT ON THE WEST UNE OF AN EXISTING EASEMENT DESCRIBED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1434541; THENCE ALONG SAID WEST UNE SOUTH 00'01'37" EAST A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'58'23" WEST A DISTANCE OF 26.00 FEET; THENCE SOUTH 00'01'37" EAST A DISTANCE OF 540.00 FEET; THENCE SOUTH 3516'20" WEST A DISTANCE OF 34.61 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,002.49 sf. OR 0.28 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 PE -28 HANKINS FARMS LLC WELD COUNTY, COLORADO 4346536 Pages: 24 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ik6g � P�� Y�Y4 BI II WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17&54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: DATE: 3-01-191DRAWN BY: DRII SHEET: I of2 LTWD EXHIBIT -B E-0 E-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX Q.C.D. 30' WDE- E. SIDE OF 1HE NE QUARTER 29-5-87 & 30' WOE - E. SIDE OF THE SE QUARTER 20-5-87 APRL 14, 1894 REC#52049 HANKINS FARMS LLC PARC.#095 720100004 RECP.#3442851 E-1 /2 of the SE -1/4 SEC 20-T5N-R67W LINE TABLE LINE BEARING DISTANCE L1 NO0'Q1'37"W 126.64' L2 S89'58'23"W 90.00' L3 N89'58'23"E 46.00' L4 S00'01'37"E 20.00' L5 S89'58'23"W 26.00' L6 S35'16'20"W 34.61' 'CO:71N H671, ti WCR-5 S-1/4 COR, S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX Q.C.D. 30' WOE- W. SIDE OF THE SW QUARTER 21-5-87 APRIL 4, 1894 REC51710 untE 8 ,PSON - VALLEY WATER GIST, R4 4-23-1884 20' 1I0C EASEIAENT PE -2B PROPOSED LTWD EASEMENT 12,002.49 sf.±/0.28 ac.± _ �DD1TIONAL �OW� EXISTING 80.00' ROW JAN 9, 1884 REC2383 RD K 3 -PG 254 RD100/154 HEIN 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 -28 HANKINS FARMS LLC WEI ,D COUNTY, COLORADO 2- COUNTY -x_ TPO L4 L3 N00'01'37"W 588.2 90=- 20' L6 t i N89.57'0�2645 94 P.O.C. SE COR. S20-T5N-R67W- 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR I7 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: I"=200 DATE: 3-01-19 DRAWN BY: DUI SHEET: 2 oft 4546656 Pages: 25 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII rdR'R4 Pry 1i'G Easement and Right of Way Agreement This Easement and Right of Way Agreement, made and entered into as of the day of , 2019 by and between HANKINS FARMS, I,I,C hereinafter called "Grantor" and the LITTLE Tf-IOMPSON WATER DISTRICT, a quasi - municipal corporation, 835 East Highway 56, l3erthoud, Colorado 80513, hereinafter called the "District." For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the District, its successors and assigns, the solvex l isi a -and permanent right to enter, re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace, remove and operate one or more lines for the transmission, distribution and service of water, and all underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs and other fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to wit: SEE ATTACHED E,XHIlttT B County Recorded Reception Number Si:ciipn The easement and right of way shall be Twenty (20') feet wide. Book Page wnship GRANTOR FURTHER GRANTS TO THE DISTRICT: (a) The right to grade the strip of land for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside the strip to the extent as the District may find reasonably necessary; (b) The right to support the pipelines across ravines and water courses with such structures as District shall deem necessary; (c) The right of ingress to and egress from the strip over and across the land by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the land which is isolated from the strip by any public road or highway now crossing or hereafter crossing the land; provided, further, that if any portion of the land is or shall he subdivided and dedicated roads or highways on such portion shall extend to the strip, the right of ingress and egress on the portion shall he confined to such dedicated roads and highways; (d) The right of grading for, constructing, maintaining and using such roads on and across the lands as the District may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (f) The right to mark the location of the strip by suitable markers set in the ground; provided that any such markers remaining alter the period of construction shall he placed in knees or other locations which will not interfere with any reasonable use Grantor shall make of the strip: (g) All other rights necessary and incident to the lull and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. GRANTOR HEREBY CONVENANTS AND AGREES: (a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on the described easement; and the District shall not he liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. (b) Grantor shall not diminish the ground cover over the water lines and shall not substantially add to the ground cover over the water lines or their appurtenances by and between: (c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent o1' the District. (d) Grantor wttrfitnt -ihdt-4:ratttiwt is the owner in tee of the above -described lands and will-Elefiftt4-tlw441e-thereto ugaittat t41,61ainw--and-that said lands are free and clear and clear of encumbrances and liens of whatsoever character, except the following: those of record ',MD Form 200 t'a5 e I (0'2 4546656 Pages: 26 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II THE DISTRICT HEREBY COVENANTS AND AGREES: (a) The District shall not fence or otherwise enclose the strip, except during periods of construction and repair. (b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly backfillcd and as much, of the original surface soil as possible shall he place on top. All large gravel, stones and clods will be removed from the finished backlit'. The District will finish the backlill after normal settling of the soil so that the use and enjoyment of said land by Grantor small be suitable for the purpose now used. The District will maintain the trench area and buried water pipeline during installation. Reinstallation and maintenance of said waterline; (c) In the event that the above -described lands arc being used for grazing purposes, the District agrees that during the period of construction of the pipeline hereunder, or any subsequent altering, removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said right -or -way strip for the cattle and livestock of Grantor and his tenants and lessee. Further whenever it becomes necessary for the District, its agents or contractors to cut a fence on the above -described lands. The District agrees, at its option, either to keep the gap closed or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock through such gap or to construct at such place or places substantial gates with dual locks and furnish Grantor with one set of keys thereto. Before any such fence is cut by the District, the same shall he braced in order to prevent slackening of the wires along with fence in each direction from the District's temporary gap. (d) In the event that the above -described lands arc being used for the growing of a crop which requires irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise provided for to install and operate flumes or appropriate crossing devices across the right-of-way at all times during such construction operations. The District further agrees, unless otherwise provided for, not to block, dam or obstruct in any manner in a irrigation canal, drainage ditches, creeks located on said lands, and also agrees to replace or repair any levees or banks disturbed or damaged by the District's operations on said lands. (e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused by any wrongful exercise of the rights of ingress and egress or by wrongful or negligent act or omission of or of its agents or employees in the course of their employment. IT IS MUTUALLY AGREED BY THE PARTIES: (a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the District. (b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives. successors, and assigns of the parties hereto. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this _ day of GRANTOR(S): Ilankins Farms, I,I.C STATE OF COLORADO } } COUNTY OF The foregoing instrument was acknowledged before me this day of . 2019. by Notary Public My commission expires: (Notary Seal} LTWD Form 200 Pste 2 of 2 4546656 Pages: 27 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111F:IM IJI 'N tli 4Iri1ireMICAr*llih 11111 EXHIBIT -C TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 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. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH 00'01'37" WEST, A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20. TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 154.89 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 70.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 3516'20" WEST A DISTANCE OF 57.62 FEET; THENCE SOUTH 70'34'17" WEST A DISTANCE OF 113.14 FEET; THENCE NORTH 89'57'01" WEST A DISTANCE OF 1113.00 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE ALONG SAID WEST LINE NORTH 00'03'35" WEST A DISTANCE OF 60.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'57'01" EAST A DISTANCE OF 1218.04 FEET; THENCE NORTH 00'01'37" WEST A DISTANCE OF 663.72 FEET; THENCE NORTH 89'58'23" EAST A DISTANCE OF 75.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 17; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 00'01'37" EAST A DISTANCE OF 98.97 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY UNE SOUTH 89'58'23" WEST A DISTANCE OF 16.01 FEET; THENCE SOUTH 14'58'23" WEST A DISTANCE OF 92.69 FEET; THENCE SOUTH 00'01'37" EAST A DISTANCE OF 450.47 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 99,392.71 sf. OR 2.28 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 HANKINS FARMS LLC WELD COUNTY, COLORADO 4546636 Pages: 28 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO "III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR17&54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: DATE: 9-16-19 'DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -C H L5 :< E-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX Q.C.D. 30' WIDE— E. SIDE OF THE NE QUARTER 29-5-67 at 30' WOE — E. SIDE OF THE SE QUARTER 20-5-67 APRIL 14, 1894 REC/52049 HANKINS FARMS LLC PARC.#095720100004 RECP.#344285 1 E-1/2 of the SE -1/4 SEC 20-T5N-R67W LINE TABLE LINE BEARING DISTANCE L1 NO0'01'37"W 154.89' L2 S89'58'23"W 70.00' L3 S35'16'20"W 57.62' L4 S70'34'17"W 113.14' L5 NO0'03'35"W 60.00' L6 N89'58'23"E 75.00' L7 SO0'01'37"E 98.97' L8 S89'58'23"W 16.01' L9 S14'58'23"W 92.69' SE 1!4 S20 -15,S'-86714/ S89'h7'01 "k 1t2j8 01' / X \ <( �.. Y 60' 130' ;% Q.C.D. 30' WIDE- W. SIDE OF THE SW QUARTER 21-5-67 APRL 4, 1894 REC/51710 TCE-2 PROPOSED TCE 99,392.71 sf.±/2.28 ac.± _ K.l AM �DDI lONAA ROW N89MMI "5701 "W 1113.00' N89'57 01 W 2645.94 r�) t0 to N 0 0 0 z L6 Cl 1O5 — 4 TPO WeR 54- -v- 10 MI S-1/4 COR. S20-T5N-R67W EXISTING 60.00' ROW JAN 9, 1884 P.O.C. 2-1/2" ALUM. CAP ON #6 REC#12383 SE COR. 520-T5N-R67W RBR. STAMPED LS#12374 RD BK 3 —PG 254 IN MON. BOX RDtoD/154 2-1/2" ALUM. CAP ON RBR. STAMPED LS#12374 IN MON. BOX HEIN 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. 3 • • • TEMPORARY EASEMENT ACQUISITION TCE-2 HANKINS FARMS LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 I SCALE: 1"=200 DATE: 9-16-19 DRAWN BY: DRH SHEET 2 o12 4546656 Pages: 29 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111I��Y'�4Nti►14��IM Kr�Y M M��Y4r II II GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between HANKINS FARMS LLC (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. 4546636 Pages: 30 of 31 12/04/2019 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Mitillilladritr YIVi'Af'i i4gli PAP /I NA Ill III GRANTOR: Hankins Farms LLC Title 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 4546656 Pages: 31 of 31 12/04/2019 01:13 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO in NPAlti« Yti OlrrKriVall I 1 NOM IA MINI! Ilut iI II New Contract Request In t -on Entity Name * HANKINS FARM LLC Contract Name* HANKINS FARMS. LLC Contract Status CTB REVIEW Entity ID* 0041432 Contract ID 3234 Contract Lead* TVJOHNSON ❑ New Entity? Parent Contract ID Requires YES Contract Lead Email Department Project tvjohrtson@co.weld.co.us Contract Description* AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVMENTS BETWEEN HANKINS FARMS, LLC AND WELD COUNTY, COLORADO Contract Description 2 Contract Type* AGREEMENT Amount * ;119,800.00 Renewable* NO Automatic Renewal tae nt PUBLIC WORKS nt Email CM- Pu tali cWo rks@wel dgo v, cam n ead Email CM-PublicWorks- DeptHead Idgov.cam County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- CCUNTYAIIORNEY@WELD GOV. COM Requested BOCC Agenda Date* 11/25/2019 Due Date 11i21,2019 Will a work session with BUCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 OnBase Termination Notice Period Review Date* 1 111 3/2019 Committed Delivery Date Renewal Date Expiration Date* 11;1312020 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 11/21/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11 i25i2019 Originator TVJOHNSON Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 11/21/2019 Tyler Ref # AG 112519 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 11,'21/2019 Submit MEMORANDUM TO: Clerk to the Board DATE: February 20, 2020 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Consent Agenda RE: Hankins Farms, LLC- Weld County Road 17 and 54 Improvement Project Agreement for Purchase Docket 2019-4851 Acceptance of Deed of Dedication for Public Road Right of Way. aonsc-ri+ 03/00(DO C ICIA) CIY/6 3 -a--ate 3-g-� GOO 1( Notary Public 43-2-201(1)(a). DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this4Th day of224?between Hankins Farms, 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, 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: 12-a-4", Hankins Farms, LLC •J STATE OF COLORADO ) ) ss. T fpregoing ins 1rulnent was acknowl dged befor by COUNTY OF WELD Wi ess my hand and official seal. me this J day of SUSAN C MCCOLLUM Notary Public State of Colorado Notary ID # 20044046377 My Commission Expires 12-30-2020 , 2019, 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 this22day of o2aaU. ATTEST: d4erite4)�"'+� BOARD OF COUNTY COMMISSIONERS Weld a my Clerk to th- Board► , ; • t WELD '��- COUNTY, �COLORADO 7 1861 �' ►, ' �� 1 ""ti" By: `.��,:L`.�1!: I ;.� *No Deed of Dedication is_valid un 4572322 Pages: 1 of 3 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Chair, Board of County Commissioners e Board of County Commissioners pursuant to C.R.S. �/9- 47 'MOW 4.1 i 1I II EXHIBIT -A BIGHT--OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 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. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH 00'01'37" WEST, A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 30.04 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 30.00 FEET TO A POINT THAT INTERSECTS THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 54 AND THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 17 AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 54 NORTH 89'57'01" WEST A DISTANCE OF 1292.99 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE AND ALONG SAID WEST LINE NORTH 00'03'35" WEST A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'57'01" EAST A DISTANCE OF 1113.00 FEET; THENCE NORTH 70'34'17" EAST A DISTANCE OF 113.14 FEET; THENCE NORTH 3516'20" EAST A DISTANCE OF 57.62 FEET; THENCE NORTH 00'01'37" WEST A DISTANCE OF 450.47 FEET; THENCE NORTH 14'58'23" EAST A DISTANCE OF 92.69 FEET; THENCE NORTH 89'58'23" EAST A DISTANCE OF 16.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 17; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 00'01'37" EAST A DISTANCE OF 664.85 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 79,691.45 sf. OR 1.83 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-2 HANKINS FARMS LLC WELD COUNTY, COLORADO 4972322 Pages: 2 of 3 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 SCALE: DATE: 4-02-19 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A E-1/4 COR. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX HANKINS FARMS LLC PARC.#095720100004 RECP.#3442851 E-1/2 of the SE -1/4 SEC 20-T5N-R67W LINE TABLE LINE BEARING DISTANCE L1 NOO'01'37"W 30.04' L2 S89 -58'23"W 30.00' L3 N O0'03'35''W 40.00' L4 N:70'34'17"E 113.14' L5 N35'16.20"E 57.62' L6 N14'58'23"E 92.69' L7 N89'58'23"E 16.01' S-1/4 COR. S2O-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX SE 1/4 520-T5N-R67W RW-2 PROPOSED ROW 79,691.45 sf.±/1.83 ac.t- Q.C.D. 30' WIDE- W. SIDE OF THE SW QUARTER 21-5-67 APRIL 4, 1894 RECl/51710 Q.C.D. 30' WIDE- E. SIDE OF THE NE QUARTER 29-5-67 & 30' WIDE - E. SIDE OF THE SE QUARTER 20-5-67 APRIL 14, 1894 REC#52049 N89'57 01 W 1292,99' .N89'57'O1"-W 2645.94' -TPOB EXISTING 60.00' ROW JAN 9, 1884 REC#12383 RD BK 3 -PG 254 RD100/154 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 HANKINS FARMS LLC WELD COUNTY, COLORADO 4572322 Pages: 3 of 3 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MAC II P.O.C. SE COR. S2O-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 17 & 54 INTERSECTION PROJECT PROJECT NO: SRP-30 I SCALE: l"=200 DATE: 4-02-19 DRAWN BY: DRII SHEET: 2 of 2 Hello