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Home My WebLink About20174117.tiffRESOLUTION RE: APPROVE AGREEMENT FOR ROAD RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD BRIDGE 54/13A AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CROISSANT FAMILY FARM, LLC, AND LITTLE THOMPSON WATER DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Road Right -of -Way Aquisition and Consent to Work in Water Pipeline Easement for Certain Improvements to County Road Bridge 54/13A 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 Croissant Family Farm, LLC, 49316 County Road 83, Briggsdale, Colorado 80611, and Little Thompson Water District, 835 County Road 56, Berthoud, Colorado 80513, 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 for Road Right -of -Way Aquisition and Consent to Work in Water Pipeline Easement for Certain Improvements to County Road Bridge 54/13A 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 Croissant Family Farm, LLC, and Little Thompson Water District 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: PwC RW / oQ/rnG)- 2017-4117 EG0074 BC0045 RE: AGREEMENT FOR ROAD RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD BRIDGE 541/13A - CROISSANT FAMILY FARM, LLC, AND LITTLE THOMPSON WATER DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditA04)�� Weld County Clerk to the Board BY f.12. c •R aa eputy Clerk to the Board APP County Attorney Date of signature: to III17 Steve Moreno, Pro -Tern 1�,cP ozad, Chair Sean P. Conway arbara Kirkmeyer 2017-4117 EG0074 BC0045 6v7t�att /J) /S55 MEMORANDUM Date: December 4, 2017 To: Clerk to the Board From: Richard White, Don Dunker RE: Project EM -BR 54/13A Flood Recovery Project Right -Of -Way Agreement BOCC Approval Date December 6, 2017 EM -BR 54/13A is the final flood recovery permanent repairs project within the Thompson River Drainage Basin. This project has CDOT and FHWA oversite and the bid set of plans and specifications is currently being advertised for construction. In order to facilitate contractor construction access and future Weld County maintenance access, permanent Right -of -Way (ROW) and a Permanent Exclusive Easement are needed. Public Works is working with Jerry Kanter with HC Peck, ROW consultants, to acquire this ROW. The property ow(ner and Jerry have agreed to a reasonable compensation amount, based on comparable property values, and have signed the ROW Agreement. It is PW's recommendation to approve payment, in the sum of 59,500.00 to Croissant Family Farms and authorize Jerry Kanter to proceed with the closing. Once approved by the BOCC, and at the closing, the property owner will sign the Quit Claim Deed and Permanent Exclusive Easement forms attached to this memo. Attachments: aft • Property Value Finding Letter • Signed ROW Agreement • Unsigned Quit Claim Deed and Permanent Exclusive Easement Pw c RW / O O) I *Ii3/I7 3/a-7/Ia- 2017-4117 E-Goo�y (3G(Do `is AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMILY FARM LLC, AND LITTLE THOMPSON WATER DISTRICT - RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT Tfi THIS AGREEMENT is made and entered into this 6p day oft104•Gt.,12017, by and between the COUNTY OF WELD, by and through its Board of County Commissioners, for the use and benefit of the Weld County Department of Public Works, whose address is 1111 "H" Street, Greeley, Colorado 80631, ("County"), and the LITTLE THOMPSON WATER DISTRICT who whose address is 835 County Road 56, Berthoud, Colorado ("District"), and CROISSANT FAMILY FARM LLC, whose address is 49316 County Road 83, Briggsdale, Colorado 80611 ("Landowner"), WHEREAS, County intends to make certain improvements (the "Work") to Bridge 54/13A (the "Bridge") located generally at the Big Thompson River and Country Road 54 between County Roads 13 and 15, and WHEREAS, County intends to purchase additional Right -of -Way ("ROW") from adjacent landowners in order to accomplish the Work, and WHEREAS, District owns an exclusive waterline easement (the "Waterline Easement", �recorded in the records of the Weld County Clerk and Recorder at reception #2333164) that may imA F e w be affected by the Work, and W UI N Ta m WHEREAS, Landowner agrees to sell, and County agrees to purchase, the ROW and Exclusive Permanent Easement (the "Bendway Weir Easement") herein described, according to �m the terms of this Agreement, and Eng ,, 3 a WHEREAS, the Parties desire to set out the terms of this Agreement to allow for the "m �• Miadattiapho)fthmilhaidoirthbitstic tefflinadi setherl£aaahentdasthi iegbethhadahler.omntsfor am o necessary in the future. m - NOW, THEREFORE, in consideration of the mutual promises and covenants contained a m herein, the Parties hereto agree as follows: I `;s I. PURCHASE AN�'SALE OF RIGHT-OF-WAY AND EXCLUSIVE PERMANENT — n EASEMENT x o r 1. Landowner agrees to sell at closing and County agrees to purchase the Right -of -Way (ROW) described and depicted on Exhibit A (a copy ofwhich is attached hereto and made a part hereof by this reference), and the Exclusive Permanent Easement (the "Bendway Weir Easement") described and depicted on Exhibit B (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Nine Thousand Five Hundred and 00/100 Dollars, I ($9,500.00). Landowner and County acknowledge and agree that said purchase price represents ' full, fair and valuable consideration. Landowner agrees to grant the ROW to County 4358583 Pages: 1 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly KoPpes, Clerk and Recorder, Weld County, CO IffiffAnigkilidWilltdanililf-kM411111 c>2"/1— 41 ! 7 AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMILY FARM LLC, AND LITTLE THOMPSON WATER DISTRICT - RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT by Quitclaim Deed, in a form substantially similar to the attached hereto as Exhibit C, free and clear of all liens and encumbrances, except existing easements, including the District's Waterline Easement described herein. Landowner agrees to grant the Bendway Weir Easement to County in the form attached hereto as Exhibit D. 2. Landowner shall retain the mineral estate under the ROW and Bendway Weir Easement, and shall also retain any attached or associated water rights. 3. Landowner shall deliver the fully executed Quitclaim Deed for the ROW and the Bendway Weir Easement to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 4. Landowner shall pay any encumbrance associated with the ROW 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 Landowner delivers the Quitclaim Deed to County. Landowner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the ROW. 5. The Parties recognize that the ROW being acquired by County contains the District's Waterline Easement. Nothing herein shall preclude or restrict the District's use of the Waterline Easement, notwithstanding the County's purchase of ROW. The District therefore agrees, and does not object, to the County's ROW purchase. II. BRIDGE WORK 1. County intends to complete final permanent repairs to the Bridge, which is necessary due to damage the Bridge incurred during the September 2013 floods. The County intends to commence the Work in Fall/Winter, 2017. 2. County agrees to make all reasonable efforts to complete the Work without uncovering District's water pipeline in the Waterline Easement. Should the Work cause any damage to the pipeline, County will coordinate repair with the District, and County shall be liable for the actual costs of all such repairs. County shall restore the Waterline Easement to a substantially similar condition after the Work is completed. 3. County and District understand that the Work requires the removal and replacement of dirt within the Waterline Easement. District agrees, and does not object, to such Work. County shall provide all non -confidential project documents at no charge to District upon request. County shall coordinate with District as necessary to accomplish the purposes of this Agreement. III. FUTURE RELOCATION OF WATER PIPELINE 1. County and District do not anticipate any need to relocate the District's water pipeline as a result of the current Work. However, County anticipates the need to upgrade and expand the 4358583 Pages: 2 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ' III -II Page 2 of 7 4385200 Pages: 2 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII Kira!' 11111 AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMILY FARM LLC, AND LITTLE THOMPSON WATER DISTRICT RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT bridge in the future. Therefore, County may, in its sole discretion, determine to relocate the water pipeline outside the ROW. 2, In the event that County determines to relocate the District's water pipeline, County shall be responsible for all associated costs, including acquisition of a replacement easement for the benefit of the District, labor, and materials. Such replacement easement shall be adjacent to the current ROW unless otherwise agreed upon by County and District. If the County determines that relocation adjacent to the ROW is not economically or practically feasible, County may relocate to another location with District's consent. District shall not unreasonably withhold its consent, 3. Once the water pipeline has been relocated into a separate easement, District agrees to vacate the Waterline Easement within the ROW, or take such other action has may be necessary to accomplish that purpose, IV. MISCELLANEOUS 1. This Agreement and the transfer of the ROW and Bendway Weir Easement 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. The Parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 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. In the event that the interest of one Party conflicts with the interests of another Party regarding this Agreement, the provision shall be interpreted for the benefit of the Party for whom that provision was intended to benefit. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 4358583 Pages: 3 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO llli - IISIJ J JI 1NILI J1 JJJ _ IJII IJ 1.1 Iuu11J11 . 1 Page 3 of 7 4385200 Pages: 03/23/2018 10:35 AM R Fee:$0.00 4 Carly Koppes, Clerk and Recorder, Weld County, CO �� IinitrilL I4 'Gie'hiriff'K !Id K!I' @ IMF' jiff Ill II AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMILY FARM LLC, AND LITTLE THOMPSON WATER DISTRICT - RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT 7. 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, the Parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 8. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the Parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 9. 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. Acknowledgment. The Parties acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. The Parties further agree that this Agreement, with the attached Exhibits is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. WITNESS WHEREOF, the parties hereto have signed this Agreement this Cv day of 017. Signature pages follow. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 438520003/23/2018 10 :35ges: 4AM RFee:$0.00 of 4 Carly Koppes, Clerk and II III 4358583 Pages: 4 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ...ge 4 of 7 AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMLY FARM LLC, AND LITTLE THOMPSON WATER DISTRICT - RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT LANDOWNER: Croissant Family Farms LLC /J-2-1 7 l e Date A,+ieSiS5.�n� Printed Name Title 4358583 Pages: 5 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO L11 EFI��i J��lL.�.1�UIJ I_Ll�I1l1L�m Page 5 of 7 4385200 Pages: 5 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell II AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMILY FARM LLC, AND LITTLE TIHOMPSON WATER DISTRICT - RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT DISTRICT: Little Thompson Water District f /f/✓ k - /Si ,, Cathie Printed Name Dt 5T fir i FNf�/Nr� Title le &,/c- -r7, r 5 <',crH- bi or l_04'r/�7 be r k(_i,trrkinn HOLLY SUESS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954019361 MY COMMISSION EXPIRES MAY 13, 2021 A[t2 v i� :;2,(9/ Date l_fi c�i /c4k (lacy. 6 --to f boy- 4385200 Pages: 6 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I��PL' �LI�� iIh �GIK�FiI�.t'k� �,4�L1�4k Iti� Yoh E D 4358583 Pages: 6 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I III II Page 6 of 7 f /‘/,'":' /01/U , AGREEMENT BETWEEN WELD COUNTY, CROISSANT FAMILY FARM LLC, AND LITTLE THOMPSON WATER DISTRICT -RIGHT-OF-WAY ACQUISITION AND CONSENT TO WORK IN WATER PIPELINE EASEMENT WELD COUNTY: ATTEST: -�i .�.p;� Wel. . unty Clerk to the : oard B Deputy Cler BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO th- Board j � �_Julie Cozad, Chair 4358583 Pages: 7 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I I Page 7 of 7 4385200 Pages: 7 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IrdliIPi+liillaria filh JLMi•VI'lY4i II III 06 2017 O2v, 7- 1/ 7 EXHIBIT "A" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: RW-1 DATE: OCTOBER 20, 2017 LEGAL DESCRIPTION A tract or parcel of land No. RW-1 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 9,000 square feet (0.207 acres), more or less, in the SE %a of Section 19, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the northerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the South One -Quarter Corner of said Section 19, being a 2 %' Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears S87°57'08"W a distance of 850,13 feet; 1. Thence N00°01'32"W a distance of 30.00 feet; 2. Thence N89°5828"E a distance of 300.00 feet; 3. Thence S00°01'32"E a distance of 30.00 feet to a point on said northerly right of way line of Weld County Road 54; 4. Thence S89°58'28"W, along said northerly right of way line of Weld County Road 54 a distance of 300.00 feet to the POINT OF BEGINNING, The above described parcel contains 9,000 square feet (0.207 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 '/2" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 %' Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 4358583 Pages: 8 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■u■ ut11 1 �■ ■I 1 1._11111 1111 4385200 Pages: 8 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� l on IWPANCl+kliIVT illi<ik Bill EXHIBIT "A" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: RW-2 DATE: OCTOBER 20, 2017 LEGAL DESCRIPTION A tract or parcel of land No. RW-2 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 10,500 square feet (0.241 acres), more or less, in the NE 1/4 of Section 30, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the southerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the North One -Quarter Corner of said Section 30, being a 2 W Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears N88°00'12"W a distance of 850.14 feet; 1. Thence N89°58'28"E, along said southerly right of way line of Weld County Road 54 a distance of 350.00 feet; 2. Thence S00°01'32"E a distance of 30.00 feet; 3. Thence S89°58'28"W a distance of 350.00 feet; 4. Thence N00°01'32"W a distance of 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 10,500 square feet (0.241 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 '/2" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 '/2" Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 4358583 Pages: 9 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uu _tutu J JIJA L.L.lIlll 4385200 Pages: 9 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •III P:MN Vhi0 filli rLVIEGIA h Ki II II EXHIBIT "B" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: PEE -1 DATE: OCTOBER 20, 2017 PERMANENT EXCLUSIVE EASEMENT LEGAL DESCRIPTION A tract or parcel of land No. PEE -1 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 55,628 square feet (1.277 acres), more or less, in the SE 1/ of Section 19, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the northerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the South One -Quarter Corner of said Section 19, being a 2 'A" Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears S88°28'46"W a distance of 1149.99 feet; 1. Thence N00°01'32"W a distance of 30.00 feet; 2. Thence S89°58'28"W a distance of 103.06 feet; 3. Thence N00°01'32"W a distance of 10.29 feet 4. Thence N16°19'51"W a distance of 214.76 feet; 5. Thence N42°28'47"W a distance of 173.27 feet; 6. Thence N 42°01'00" E a distance of 92.25 feet; 7. Thence S47°59'00"E a distance of 175.87 feet; 8. Thence S28°29'08"E a distance of 329.32 feet; 9. Thence S00°03'05"E a distance of 35.47 feet to a point on said northerly right of way line of Weld County Road 54; 10. Thence S89°58'28"W, along said northerly right of way line of Weld County Road 54, a distance of 69.03 feet to the POINT OF BEGINNING. The above described parcel contains 55,628 square feet (1.277 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 %z" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 %' Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc. Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 2 435858308 17 10 : 34AM R 2g1 1Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO rnrrrnI I 'k7�L'9 I u IL Itl ItL911U II 4385200 Pages: 10 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO "Ill EXHIBIT C QUIT CLAIM DEED THIS DEED is made this day of , 2017, between Croissant Family Farm, LLC, Grantor, and County of Weld, a body politic and corporate of the State of Colorado, Grantee. WITNESS, that Grantor, for sufficient consideration, the receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed and QUITCLAIMED, and by these presents does grant, bargain, sell, convey, confirm, and QUITCLAIM, unto the Grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT 'A' Also known as: a portion of 26135 County Road 15, Johnstown, CO 80534. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his • heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. RESERVING UNTO GRANTOR any and all water attached or associated with the Property, and any and all oil and gas or other mineral estate, except as necessary to preserve the integrity of the surface estate and real property interests granted herein. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. 4358583 Pages: 11 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II 4385200 Pages: 11 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above Quit Claim Deed. Dated this date of 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Julie Cozad, Chair Weld County Clerk to the Board By: Deputy Clerk to the Board 4358583 Pages: 12 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II _ 1111 4385200 Pages: 12 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII FIA: Nilir'I r livW Gh M1NV3Y h 111111 EXHIBIT D GRANT OF EXCLUSIVE PERMANENT EASEMENT GRANTOR(S): Address: GRANTEE: Weld County, Colorado 1150 'O' Street Greeley, Colorado 80632 FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR, (whether one or more) does hereby grant, sell, convey, and warrant to GRANTEE, its successors and assigns, a Permanent Exclusive Easement described and depicted in the attached EXHIBIT A (the "Easement"), for the purpose of surveying, constructing, operating, inspecting, maintaining, protecting, repairing, upgrading, removing, and replacing (including replacing with alternative design facilities) bendway weir facilities or structures, or any other alternative design facilities which have the same or similar purpose. The Easement is hereby granted together with the right of ingress and egress to and from said Easement. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as practicable. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted Easement, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of- way that will interfere with the normal operation and maintenance of said structures or facilities. Grantor agrees not to convey any other easement or real property interest within the area of the Easement to any other person or entity without Grantee's express written consent, which shall be granted or denied in Grantee's sole and exclusive discretion. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said Easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this sealed, and delivered in the presence of: GRANTOR(S) By: Signature Printed Name By: Signature Printed Name STATE OF COLORADO COUNTY OF SS. ACKNOWLEDGEMENT day of 2017, signed, Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me executed the same as free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , 2017. 4358583 Pages: 13 of 14 4385200 Pages: 13 of 14 12/08/2017 10:34 AM R Fee:$0.00 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Carly Koppes, Clerk and Recorder, Weld County, CO ■ FO µ F n'ANIlOIZhI+'i"Ill 11111 PdLIV L irtillet !Ili AMA' ?IICS IIIIII My commission expires: Notary Public ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above described property as Exclusive Permanent Easement. Dated this ATTEST: day of 2017. CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: BY: Deputy Clerk to the Board Julie A. Cozad, Chair 4358583 Pages: 14 of 14 12/08/2017 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III 4385200 Pages: 14 of 14 03/23/2018 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II COLORADO DEPARTMENT OF TRANSPORTATION DETERMINATION OF JUST COMPENSATION VALUE FINDING Project No. ER C030-068 Location WCR 54, SEC. 19 & SEC. 30, T5N,R67W, Parcel ROW -1, ROW -2, ROW -3 Project code (SA#) 20481 Name Croissant Family Farm LLC Brief description of subject and taking Subject property is located on WCR 54, Yz mile east of WCR 13 on the Poudre River. It is zoned Grazing Land -Agricultural. Land: Parcel Area $/Unit ROW -1 .201 acres $5,500/acre $ 1,105.50 ROW -2 .241 acres $5,500/acre $ 1,325.50 ROW -3 1.277 acres $5,500/acre $ 7,023.50 Total S 9,454.50 Improvements:(list) N/A Total Improvements N/A TE's Purpose Size Unit price % of unit price/term N/A $ $ Total for temporary easement $ N/A I certify my estimate of Just Compensation is $ 9,455.00 rounded Has the owner or designated representative accompanied the County's representative during inspection of the property? Yes - date: X No - describe efforts made: Left message Signed: \,, p H.C. Peck 4& A ociates, Inc. Date p. may 1 _ /7 d� j Approved: Date EXHIBIT "A" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: 1, f2 f3w 1 DATE: MARCH 17, 2017 LEGAL DESCRIPTION A tract or parcel of land No. PE -1 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 9,000 square feet (0.207 acres), more or less, in the SE' 'A of Section 19, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the northerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the South One -Quarter Corner of said Section 19, being a 2 '/z" Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears S87°57'08"W a distance of 850.13 feet; 1. Thence N00°01'32"W a distance of 30.00 feet; 2. 'Thence N89°58'28"E a distance of 300.00 feet; 3. Thence S00°01'32"E a distance of 30.00 feet to a point on said northerly right of way line of Weld County Road 54; 4. Thence S89°58'28"W, along said northerly right of way line of Weld County Road 54 a distance of 300.00 feet to the POINT OF BEGINNING. The above described parcel contains 9,000 square feet (0.207 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 '/2" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 '/2" Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 EXHIBIT "A" " PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: (© yr - DATE: MARCH 17, 2017 LEGAL DESCRIPTION A tract or parcel of land No. PE -2 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 10,500 square feet (0.241 acres), more or less, in the NE 1/4 of Section 30, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the southerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the North One -Quarter Corner of said Section 30, being a 2 '/2" Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears N88°00' 12"W a distance of 850.14 feet; 1. Thence N89°58'28"E, along said southerly right of way line of Weld County Road 54 a distance of 350.00 feet; 2. Thence S00°01'32"E a distance of 30.00 feet; 3. Thence S89°58'28"W a distance of 350.00 feet; 4. Thence N00°01'32"W a distance of 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 10,500 square feet (0.241 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6ch Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 'A" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2'/2" •Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermit' T5N R.67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 EXHIBIT "A" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: ' p DATE: MARCH 17, 2017 LEGAL DESCRIPTION • A tract or parcel of land No. TE-1 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 55,628 square feet (1.277 acres), more or less, in the SE 'A of Section 19, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the northerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the South One -Quarter Corner of said Section 19, being a 2 ''/2" Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears S88°28'46"W a distance of 1149.99 feet; 1. Thence N00°01'32"W a distance of 30.00 feet; 2. Thence S89°58'28"W a distance of 103.06 feet; 3. Thence N00°01'32"W a distance of 10.29 feet 4. Thence N16°19'51 "W a distance of 214.76 feet; 5. Thence N42°28'47"W a distance of 173.27 feet; 6. Thence N 42°01'00" E a distance of 92.25 feet; 7. Thence S47°59`00"E a distance of 175.87 feet; 8. Thence S28°29'08"E a distance of 329.32 feet; 9. Thence S00°03'05"E a distance of 35.47 feet to a point on said northerly right of way line of Weld County Road 54; 10. Thence 589°58'28"W, along said northerly right of way line of Weld County Road 54, a distance of 69.03 feet to the POINT OF BEGINNING. The above described parcel contains 55,628 square feet (1.277 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6`'' Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 'l2" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 %2" Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc. Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 pi -0 r.1 PLS37976 l _A v i °ei + 3/17/17, '10 '',' ,+tttlI A LYLA14® ,1 CROISSANT FAMILY FARM LLC ANALYSIS OF COMPARABLE SALES Subject: Located on Weld County Road 54,1/2 miles east of Weld County Road 13 at the Poudre River bridge crossing, on the north and south sides of WCR 54. Land is zoned Grazing Land - Agricultural. Assessor cites Actual (Production) value of $2,127/acre (PE -2, Sect. 30 and $638/acre (PE -1, Sect. 19). Land is located in the 100 -year flood plain. Total contiguous ownership is 144.5 acres. Comparable Sale 1 Date of Sale: July 31, 2015 Grantor: Carol Dale Tennyson and Ray B. Tennyson Grantee: Weld County Reception No.: 4130031 Sales Price: $549,420 Price per Acre: $6,519 Number of Acres: 84.27 Location: 1 mile NE of Subject Comparable Sale 2 Date of Sale: February 22, 2017 Grantor: NRC-CO 1 Grantee: Mark W. Schell and Deborah M. Schell Reception No.: 4281082 Sales Price: $750,000 Price per Acre: $5,952 Number of Acres: 126 Location: 1 mile SW of Subject Comparable Sale 3 Date of Sale: December 6, 2016 Grantor: Ram Land Co, LLC Grantee: Red Tierra Equities, L.L.C. Reception No.: 4260292 Sales Price: $585,000 Price per Acre: $4,570 Number of Acre: 128 Location: 1 mile SE of SE of Subject Comparable Sale 4 Date of Sale: September 20, 2016 Grantor: KareMark, LLc Grantee: Hergert FamilyRevocable Trust Reception No.: 4238581 Sales Price: $750,000 Price per Acre: $5,474 Number of Acres: 137 Location: 1 mile SE of Subject Conclusion All comparable sales are recent, close proximity to Subject, similarly zoned agricultural land. Indicated value of Subject is estimated at $5,500/Acre. 2,2882 WGS 1984 Web_Mercator_AuxiliarySphere Weld County Colorado 1144.09 2,288.2 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION g3:; ul,,l:r Legend Parcels — Highway County Boundary Notes Enter Map Description 1,144.0 0 572.02 1,144.0 Feet WGS_1984_W e b_M e rcato r_Au xi l i a ry_S p h e re O Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels — Highway County Boundary Notes Enter Map Description 1�.IT�.!r�e? ltit Legend Parcels Floodplain - Labels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain -100 Year Zone AE Floridplaln - 100 Year Zone Al- Floodplain -100 Year Zone AC Highway County Boundary 1,144.0 0 572.02 1,144.0 Feet WGS_1984_We b_Mercator_Auxi l iary_S phere © Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may cr may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE.USED FOR NAVIGATION Notes Enter Map Description LI) COUN N LINE NLAPPIN Enter Map 1 itle 73, 225.89 146,451.8 Feet. 146,451.8 WGS_1984 Web_Mercator_Auxiliary Sphere O Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend — Highway County Boundary Notes Enter Map Description MEMORANDUM TO: Clerk to the Board DATE: March 2, 2018 FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: IMPROVEMENTS TO BRIDGE 54/13A ON CR 54 BETWEEN CR 13 AND 15 Acceptance of a Quit Claim Deed for Public Road Right -of -Way for improvements to the 54/13A Bridge between Weld County and Croissant Family Farm LLC. Acceptance of Grant of Exclusive Permanent Easement for bend way weir facilities and structures. The Agreement for Right of Way Acquisitions and Constent to Work in Water Pipeline Easement was approved on December 6, 2017, docket number 2017-4117, Contract Id. #1555. Please record the Deed and the Grant of Exclusive Permanent Easement separately to ensure they show up in title work. e,10\11 /*'°- c,i'i4d(iY/pic) ci-1—I—I g M:\Tiffane\PROJECTS\CR 54 BRIDGE\Memo to BOCC for Deed and Easement.doc 40'7-L1117 aonq EXHIBIT C QUIT CLAIM DEED THIS DEED is made this day of � , 20l8, between Croissant Family 59 Farm, LLC, Grantor, and County of Weld, a body politic and corporate of the State of Colorado, Grantee. WITNESS, that Grantor, for sufficient consideration, the receipt of which is hereby acknowledged, has granted, bargained, sold,conveyed and QUITCLAIMED, and by these presents does grant, bargain, sell, convey, confirm, and QUITCLAIM, unto the Grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: • SEE ATTAC1Hi D EXHIBIT 'A' Also known as: a portion of 26135 County Road 15, Johnstown, CO 80534. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his • heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. RESERVING UNTO GRANTOR any and all water attached or associated with the Property, and any and all oil and gas or other mineral estate, except as necessary to preserve the integrity of the surface estate and real property interests granted herein. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. 4386697 Pages: 1 of 5 03/29/2018 01:32 PM Carl Ko R Fee:$0.00 d Recorder, Weld County, CO Mill l NM id4�h'erk �{�4 'Lkit 141 III III STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 51, day of Jci l 1L L( _ , 2018 by �.�'L/c , Owner Witness my hand and official seal. My commission expires: (/ (V 03/29/2018 G97 g 01 : 32PM R Fee:$0.00 $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I�l�1I�'I�i�W�l ;l i'WM fill III Notary Public ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this L day of _ ATTEST: ` "'e CLERK TO THE BOARD OF COUNTY COMMISSIONERS THE COUNTY OF WELD / , j BY A) / ' Dep y Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2018. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: Steve Moreno, Chair BOARD OF COUNTY MAR 1 9 2018 COMMISSIONERS OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this /9TH day of , 2018 by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 4386697 Pages: 3 of 5 03/29/2018 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO flozod CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 O.20/7- 1./'// 7 EXHIBIT "A" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: RW-2 DATE: OCTOBER 20, 2017 LEGAL DESCRIPTION A tract or parcel of land No. RW-2 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 10,500 square feet (0.241 acres), more or less, in the NE 'A of Section 30, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the southerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the North One -Quarter Corner of said Section 30, being a 2 Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears N88°00'12"W a distance of 850.14 feet; 1. Thence N89°58'28"E, along said southerly right of way line of Weld County Road 54 a distance of 350.00 feet; 2. Thence S00°01'32"E a distance of 30.00 feet; 3. Thence S89°58'28"W a distance of 350.00 feet; 4. Thence N00°01'32"W a distance of 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 10,500 square feet (0.241 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2'/2" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 ''/7." Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Interraill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 4386697 Pages: 4 of 5 03/29/2018 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 h�� h L4 �f W lh�h LlikVklAlliqUid 11111 EXHIBIT "A" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: RW-1 DATE: OCTOBER 20, 2017 LEGAL DESCRIPTION A tract or parcel of land No. RW-1 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 9,000 square feet (0.207 acres), more or less, in the SE 1/4 of Section 19, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the northerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the South One -Quarter Corner of said Section 19, being a 2 11/2' Aluminum Cap in a monument box stamped "Landstar 1/4 S19 S30 1996 LS 17662", bears S87°57'08"W a distance of 850.13 feet; 1. Thence N00°01'32"W a distance of 30.00 feet; 2. Thence N89°5828"E a distance of 300.00 feet; 3. Thence S00°01 '32"E a distance of 30.00 feet to a point on said northerly right of way line of Weld County Road 54; 4. Thence S89°58'28"W, along said northerly right of way line of Weld County Road 54 a distance of 300.00 feet to the POINT OF BEGINNING. The above described parcel contains 9,000 square feet (0.207 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2 1/A" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 21/2' Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 03/29/2018 G97 g 01 : 32PM R Fee:$0.00 $0.00 EXHIBIT D GRANT OF EXCLUSIVE PERMANENT EASEMENT GRANTOR(S): (VA G(> % ' ( �'G 414 -- Address: L :i;"''1, C.L, GRANTEE: Weld County, Colorado 1150 'O' Street Greeley, Colorado 80632 FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR, (whether one or more) does hereby grant, sell, convey, and warrant to GRANTEE, its successors and assigns, a Permanent Exclusive Easement described and depicted in the attached EXHIBIT A (the "Easement"), for the purpose of surveying, constructing, operating, inspecting, maintaining, protecting, repairing, upgrading, removing, and replacing (including replacing with alternative design facilities) bendway weir facilities or structures, or any other alternative design facilities which have the same or similar purpose. The Easement is hereby granted together with the right of ingress and egress to and from said Easement. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as practicable. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted Easement, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of- way that will interfere with the normal operation and maintenance of said structures or facilities. Grantor agrees not to convey any other easement or real property interest within the area of the Easement to any other person or entity without Grantee's express written consent, which shall be granted or denied in Grantee's sole and exclusive discretion. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said Easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this /-;71 day of 1(1 ��(;'t/;L tt 201,x, signed, sealed, and delivered in the presence of: GRANTAR(S) By: % / Y. - /Signature By: fry L.5 Printed Name Signature Printed Name STATE OF COLORADO COUNTY OF CUB L OI SS. ACKNOWLEDGEMENT TIFFANE V. JOHNSON NOTARY PUBUC STATE OF COLORADO NOTARY ID 20154009170 MY COMMISSION EXPIRES MARCH 4, 2019 Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared 'J 6 V l(1 �:, I' S C' C' , known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me _ executed the same as _ free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this ) day of 4386698 Pages: 1 of 3 03/29/2018 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIr1ri'ilhtCIMI Lai ,2017. a -077-x/1/ 7 Dated this ATTEST: BY: My commission expires: ` ` `% 1 i41 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above described property as Exclusive Permanent Easement. fit day of Notary CLERK TO THE BOARD Deputy Clerk the B.ar 2016. 4386698 Pages: 2 of 3 03/29/2018 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 PedinillSiallitIARVI Pak JiiLT, rlikiMY h Bill blic V _ BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: �r Steve Moreno, Chair MAR 1 9 2018 0.2o/7- ,/ I EXHIBIT "B" PROJECT CODE: 20481 PROJECT NUMBER: ER C030-068 PARCEL NUMBER: PEE -1 DATE: OCTOBER 20, 2017 PERMANENT EXCLUSIVE EASEMENT LEGAL DESCRIPTION A tract or parcel of land No. PEE -1 of the Department of Transportation, State of Colorado, Project Code 20481, Project Number ER C030-068, containing 55,628 square feet (1.277 acres), more or less, in the SE'/ of Section 19, Township 5 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the northerly right of way line of Weld County Road 54, as established by Quitclaim Deed in Book 114, Page 343, recorded in the Clerk and Recorder's office of Weld County, State of Colorado, whence the South One -Quarter Corner of said Section 19, being a 2 '/" Aluminum Cap in a monument box stamped ` Landstar 1/4 S19 S30 1996 LS 17662", bears 588°28'46"W a distance of 1149.99 feet; 1. Thence N00°01'32"W a distance of 30,00 feet; 2. Thence S89°58'28"W a distance of 103.06 feet; 3. Thence N00°01'32"W a distance of 10.29 feet 4. Thence NI6°19'51 "W a distance of 214.76 feet; 5. Thence N42°28'47"W a distance of 173.27 feet; 6. Thence N 42°01'00" E a distance of 92.25 feet; 7. Thence S47°59'00"E a distance of 175.87 feet; 8. Thence S28°29'08"E a distance of 329.32 feet; 9. Thence S00°03'05"E a distance of 35.47 feet to a point on said northerly right of way line of Weld County Road 54; 10. Thence S89°58'28"W, along said northerly right of way line of Weld County Road 54, a distance of 69.03 feet to the POINT OF BEGINNING. The above described parcel contains 55,628 square feet (1.277 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0501 having a grid bearing of S89°58'28"W along the South line of the Southeast One -Quarter of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian. Said line is monumented at the South One -Quarter Corner by a recovered 2'/s" Aluminum Cap in a monument box (Stamped - Landstar 1/4 S19 S30 1996 LS 17662) and at the Southeast Corner of Section 19 by a recovered 2 %z' Aluminum Cap in a monument box at the intersection of Weld County Road 54 and Weld County Road 15 (Stamped - Intermill T5N R67W S19 S20 S30 S291993 LS 12374). The Survey Data was obtained from a Global Positioning System on the County of Weld. For and on behalf of Bohannan-Huston, Inc. Alan R. Benham, PLS 37976 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 4386698 Pages: 3 of 3 03/29/2018 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IFIZVA BIM Hello