HomeMy WebLinkAbout20173102RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-
WAY FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HOSHIKO LAND, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right -of -Way for County Road 47 Corridor Improvement 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 Hoshiko Land, LLC, P.O. Box 119,
Kersey, Colorado 80644, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right -of -Way for
County Road 47 Corridor Improvement 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 Hoshiko Land, 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! PcvC T--/ER/mc)
Ccx CO.II), CkC-rC 3--)
9/SCarf7
2017-3102
EO0074
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR
COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT - HOSHIKO LAND, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of September, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dayttiv ;v4.
Weld County Clerk to the Board
APPRAS
y a ttorney
Date of signature: ct ! 8C,9
( /de/
Julie A. Cozad, Chair
Steve Moreno, Pro -T
Sean R. Conway
ike Freeman
EXCUSED
Barbara Kirkmeyer
2017-3102
EG0074
Or tr f" iD 11 05
MEMORANDUM
TO: Clerk to the Board DATE: August 25, 2017
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Acceptance of Agreement for ROW & TE
RE: WCR 47 Corridor Project. (RW-9, RW-10, TE-9 & TE-10)
Acceptance of an Agreement for Right -of -Way & Temporary Construction Easements from:
HOSHIKO LAND, LLC
GG = 0n8RM2 PW C T S) 2017-3102
9/Coll-7
EGooi
M:\' Ad min istration\Forms\MEMO-Form.doc
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 47 CORRIDOR
IMPROVEMENT PROJECT BETWEEN HOSHIKO LAND, LLC AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made thisCp+hday of Se p4-. , 2017, by and between Hoshiko
Land, LLC, whose address is PO Box 119, Kersey, CO 80644, hereinafter referred to as "Owner,"
and the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter
referred to as "Public Road Right -of -Way Area"), and
WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter
referred to as "Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 47
(hereinafter referred to as "WCR 47"), which will improve the alignment of the roadway,
(hereinafter referred to as "WCR 47 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires said Public Road Right -of -Way in order to complete said
Project, and
WHEREAS, County will need said Temporary Construction Easements in order to construct
the Project which is required in conjunction with said realignment, and
WHEREAS, Owner wishes to cooperate with County in said road realignment Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way
shown and/or described on Exhibit "A" (a copy of which is attached hereto and
made a part hereof by this reference), for the sum of Sixty Thousand Three
Hundred Forty -Seven Dollars ($60,347.00). The parties acknowledge and agree
that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to sell at closing and County agrees to purchase the Temporary
Construction Easements shown and/or described on Exhibit "B" (a copy of which is
attached hereto and made a part hereof by this reference), for the sum of Two
Thousand, Three Hundred Thirty -Eight Dollars ($2,338.00). The parties
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Carly Koppes, Clerk and Recorder, Weld County, CO
C9t-7 -3(OD
aGoO7 -(
GIONV4A'IifiliYid AI II
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. Owner agrees to loss of approximately one -hundred linear feet of concrete lined
irrigation ditch in two separate ditches that extend east -west along the northern
boundaries of the northern and central field and County agrees to pay the sum of
Two Thousand, Four Hundred Dollars ($2,400.00) for concrete ditch.
4. Owner agrees to loss of eleven drop structures along the eastern boundary of the
north field that restrict water flow to prevent washing out the ditch and County
agrees to pay owner the sum of Forty -Four Thousand, Two Hundred and Seventy -
Five ($44,275.00) to replace ditch and drop structures.
5. If this agreement is executed and returned to our office on or before August 18,
2017, the County shall pay the amount described in Paragraph One "1" under
COUNTY'S RIGHTS AND RESPONSIBILITIES set forth below.
6. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the
Temporary Construction Easement and will defend title thereto against all claims.
7. Owner agrees to grant the Public Road Right -of -Way to County by Quit Claim
Deed, free and clear of all liens and encumbrances, except existing easements.
8. This Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on December 31, 2019, or upon the
completion of the Project, whichever is earlier.
9. Owner shall not, during the term of this Temporary Construction Easement, erect or
construct, or allow to be erected or constructed, any building or other structures on
the property described in Exhibit "B" which may interfere with County's full
enjoyment of the rights hereunder; this Temporary Construction Easement includes
all rights and privileges as are necessary or incidental to County's reasonable and
proper use of said easement.
10. Owner shall retain the mineral estate under the Public Road Public Road Right -of -
Way, including all oil and gas interests, and shall also retain any water rights and
dry up rights currently attached to or associated with the Right -of -Way.
11. Owner shall deliver the fully executed Quit Claim Deed for the Public Road Right
of Way to County at the date of closing which shall be no later than thirty (30) days
following the County's execution of this Agreement.
12. Owner shall pay any encumbrance associated with the Public Road Right -of -Way
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
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Carly Koppes, Clerk and Recorder, Weld County, CO
4eIOkhikF 11 III
property taxes, (and interest and penalties thereon), on or before the date of closing,
when Owner delivers the Quit Claim Deed 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.
13. Owner is liable for any damage caused to any other property owner, including but
not limited to, crop damage, agricultural damage, or access issues which are caused
by the Owner's actions or failure to act pursuant to this agreement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. The parties agree that County shall pay One Hundred Twenty -Eight Thousand,
One Hundred -Sixty -Six Dollars ($128,166.00) to Owner for the Public Road
Right -of -Way, Temporary Construction Easement and Damages by County
warrant at the date ot;closing if agreement is signed and returned on or before
August 18, 2017.
2. County shall pay all fees associated with recording the Quit Claim Deed.
3. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Public Road Right -of -Way.
MISCELLANEOUS:
I . This Agreement and the transfer of the Public Road Right -of -Way and Temporary
Construction 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. 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.
3. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
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
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"arly Koppel, Clerk and Recorder, Weld County, CO
VIII tPJli'YV'i0l6/li
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.
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.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims
of any type or character arising out of the Owner's activities in fulfillment of the
terms of this Agreement or on account of any act, claim or amount arising out of the
failure of the Owner to conform to any statutes, ordinances, regulation, law or court
decree.
9. Neither party to this agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but
not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
CONTINUED ON NEXT PAGE
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Carly Koppel, Clerk and Recorder, Weld County, CO
1110 IYUFJP:' w dgFulICE 2I1:h1tiii'ilil hdhil: L II II
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
HOSHIKO LAND, LLC
By its sole member: Hoshiko Resources, Le.
Dennis J. Hoslukco, President
Diana L. Tomoi, Vice President
Denise A. Leafgren, Secretary/Treasurer
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO
Weld County Clerk to the Board
BYOax4.,Cie-•
eputy Clerk to the Board
4333558 Pages: 5 of 20
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Carly Koppel, Clerk and Recorder, Weld County, Co
Page 5 of 5 — I
aor�-3(O
�GOO'7 `f
� ii Irdinihil6 nIiNF'GrkintirakInil II
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
EIOSHIKO LAND, LLC
By its sole member: Hoshiko Resources, Inc.
Dennis J. Hoshiko, President
Diana L. Tornoi, Vice President
Denise A. Leafgren, Secretary/Treasurer
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AFTEST: *See page 5 of 5 - 1
Julie A. Cozad, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Page 5 of 5 —
43333°38 Pages: 6 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
tillaaVI AIL Wilk)! BIM M
written.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
HOSHIKO LAND, LLC
By its sole member: Hoshiko Resources, Inc.
Dennis J. Hoshiko, President
Diana L. Tomoi, Vice President
Denise A. Leafgren,"Secretary/Treasurer
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
4333588 Pages: 7 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
INrju', iaEltillARAIN UM ATNIfiBill ilk Bill
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
*See page 5 of 5 - 1
Julie A. Cozad, Chair
Page 5of5-3
EXHIBIT -A
SE I/4 S35-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF
SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 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. 4098181 AND RECEPTION NO. 4109491 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 105.00 FEET OF THE EASTERLY 135.00 FEET OF SAID PARCEL.
SAID PARCEL (RW-9) CONTAINS 139,175.89 at OR 3.20 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
38213,x,
�
174 r;
RIGHT OF WAY
ACQUISITION
HOSHIKO LAND LLC RW-9
WELD COUNTY, COLORADO
4333558 Pages: 8 of 20
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Carly Koppes, Clerk and Reoorder, Weld County, CO
���� KrIMi aim mrai„iihioh 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27 ISCALE
DATE: I -27-17 DRAWN BY: DRII SHEET: I of
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE Ai -ACHED
PROPERTY DESCRIPTION ONLY I
RIGHT OF WAY
ACQUISITION'
I luSIUIKO LAND LLC RW-9
Wi?I D COUNTY, Cot OR}tno
4333338 Pages: 9 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Kopp's, Clerk and Recorder, Weld County, CO
VIII l'O1 ODIN 4' A*1 II 11
EXI HIBIT-A
IIOSIILKO LAND LT,(..
S89'20'47"W
a 5300.87'
-W1/4 CORNER
S35- T6N-R65W
FND 3 I/2" ALUM. CAP
STAMPED LS#26288
E1/4 CORNER
S35-T6N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LS#10855 2000
HOSHIKO LAND LLC
PARC.#O80335O00008
RECP.# 4098181 & 4109491
f
u7
cV
M
RIGHT—OF—WAY
ACQUIRED RW-9—..-'1",
139,175.89 sf.
OR 3.20 ac.t
105'
60'
:MI
fr )
Izl
I
DAIRY FARMERS -7 II
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A OF AMERICA t J
Ii
UNMAN MINED
COST NO 60' ROW
FROM STATE LAND BRD.
RECD#138986 MAR.I7,1909
EXISTING 60' ROW
OK.1154/P0.241
5-9-1945
Ro.BK.2/PC.192
JAN. 23, rem
LDS CHURCI I
SE COR.
S35-T6N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LSµ38213
2016 IN MON. 60X
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
O.4A'NM BY: fIU4
EXHIBIT -A
NE 1/4 S35-16N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 65 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. 4098179 AND RECEPTION NO. 4109489 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID
NORTHEAST ONE -QUARTER AS BEARING NORTH 00'37'25" WEST, A DISTANCE OF 2651.33 FEET TO THE
NORTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN,
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 89'20'47" WEST, A
DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT -OF --WAY LINE OF COUNTY ROAD 47
SAID POINT BEING THE TRUE POINLOF BEGINNING.
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND DEPARTING SAID RIGHT-OF-WAY LINE
SOUTH 89'20'47" WEST, A DISTANCE OF 90.00 FEET;
THENCE OE'ARTING SAID SOUTHERLY LINE NORTH 00'37'25" WEST, A DISTANCE OF 2591.22 FEET;
THENCE NORTH 45'39'59" WEST, A DISTANCE OF 42.39 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 64;
THENCE ALONG SAID SOUTHERLY LINE NORTH 8917'28" EAST, A DISTANCE OF 120.00 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47:
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'37'25" EAST, A DISTANCE OF 2621.30 FEET TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL (RW-10) CONTAINS 236,363.48 sf. OR 5.4.3 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
HOSHIKO LAND LLC RW-10
WELD COUNTY, COLORADO
43333'38 Pages: 10 of 20
09/07/2017 10:38 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
viii EvdWiQifiwa Mir
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO SRP-27 SCALE
DATE 1-30-17 DRAWN BY: DUI jSHEET:I oft
EXIIIBIT-A
60'
h.'
RIGHT-OF-WAY
ACQUIRED RW-1O
236,363A8 sf.
OR 5.43 ac.±
HOSHIKO LAND LLC
PARC.#080335000014
RECP.# 4098179 & 4109489
LINE TABLE
LINE
BEARING
DISTANCE
LI
S89'20'47"W
30.00'
L2
S89'20'47"W
90.00'
L3
N45'39'59"W
42.39'
L4
N89'17'28"E
120.00'
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.
W1/4 CORNER
S35-TSN-R65W
FND 3 1/2" ALUM. CAP
STAMPED LS#26288
_dr
589'20'47"W
5300.87'
RIGHT OF WAY
ACQUISITION
IlOSIIIKO LAND LLC RW-10
WELL) COUNTY, COLORADO
4333558 Pages: 11 of 20
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Carly Koppes, Clerk and Reoorder, Weld County, CO
1111MAUI 14rYINIA Yuri 1.0411141 %III Pei Mk III III
n
cn
N
3
tO
O
O
Z
90'
L2
T P.0.8.
'71
U'
,-- EJ05 TING 60' ROW
�/ BK.1154/PG.241
1 5-9-1945
RD.BK.2/PG.192
1 JAN 23. 1878
I
3
ai4
u
I i
Z
{m
:O
tn
{D71
-N1
1'
3
{in
N1
I,
.0
{z
{
LDS CHI ;RCP
UN MAIN TAINED
EXISTING 80' ROW
FROM STATE LAND BPD.
RECP#138986 MAR.17.I909
P.O-C.
EI/4 CORNER
S35-16N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LS#10855 2000
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
AWN G ,
EXHIBIT -A
4
.YSTI
KF LI,Y
SW COR. S26-16N-R65W
FND 2 1/2' ALUM. CAP
LS28658 2016 IN MON. BOX
589'17'28''-W _ I/t'^/'[
5310.}0'_ l/Y-C�
HOSHIKO LAND LLC
PARC.#080335000014
RECP.# 4098179 & 4109489
LINE TABLE
LINE
BEARING
DISTANCE
Li
S89'20'47"W
30.00'
L2
S89'20'47"W
90.00'
L3
N45'39'59"W
42.39'
L4
N89'17'23"E
120.00'
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
I IOS'LIIK) LANE) LLB' E? W-lO
WEL 1 t'OUN I `r, ORAif, tj
4333598 Pages: 12 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Koppes, Clerk and Reoorder, Weld County, CO
EXISTING 80' ROW
RO.ISN. I /PG.204
JUL. 2& 1873
14—
L3
N00'37'25"W 2591.2
RIGHT—OF—WAY
ACQUIRED RW-10--
236,363.48 sf.
OR 5.43 ac.
WI
90'
I.
EXISTING 60' ROAN
RD.QK.1 /PG,204
JU.226, 187,S-`
' — NE COR. S35-16N-R85W
FNO 3 1/4" ALUM. CAP
'.�7pi LS38213 2018 IN MON. BOX
�N)
Ig,
zl
LDS CFIURCII
EXISTING 60' ROW
116(.1154/P0.241
5-9-1945
R0.9K.2/PG.192
JAN. 2], 1878
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PPCJECT NO: SRP-27
i1%NN 12Y I)IRII
SHFFI
���� IirjLIf rIL*IIihIIUIWVC i rlioaWo, Rio ivinki 11111
EXHIBIT -B
SE 1/4 S35-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCA TED IN THE NORTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF
SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 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. 4098181 AND RECEPTION NO. 4109491 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF THE
SOUTHEAST ONE -QUARTER OF SAID SECTION 35 AS BEARING SOUTH 00'37'31" EAST, A DISTANCE OF
2651.01 FEET TO THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO
DESCRIBED AS SHOWN:
THENCE ALONG THE NORTHERLY UNE OF SAID NORTHEAST ONE -QUARTER OF THE SOUTHEAST
ONE -QUARTER SOUTH 89'20'47" WEST, A DISTANCE OF 135.00 FEET TO THE TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID NORTHERLY LINE SOUTH 00'37'31" EAST, A DISTANCE OF 1325.46 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID NORTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'22'17" WEST, A DISTANCE OF 65,00 FEET;
THENCE DEPARTING SAID SOUTHERLY UNE NORTH 00'37'31" WEST, A DISTANCE OF 35.00 FEET;
THENCE NORTH 89'22'29" EAST, A DISTANCE OF 55.00 FEET;
THENCE NORTH 00'37'31" WEST, A DISTANCE OF 1220.53 FEET;
THENCE SOUTH 89'22'29" WEST, A DISTANCE OF 140.00 FEET;
THENCE NORTH 00'37'31" WEST. A DISTANCE OF 69.86 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID NORTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER:
THENCE ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE -QUARTER OF THE SOUTHEAST
ONE -QUARTER NORTH 89'20'47" EAST, A DISTANCE OF 150.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL (TE-9) CONTAINS 24,964.62 sf. OR 0.57 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
r 38213 i
3 -13-17
� N4L LAN4S`
TEMPORARY EASEMENT
ACQUISITION
HOST-IIKO LAND LLC TE-9
WELD COUNTY, COLORADO
4333558 Pages: 13 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Koppea, Clark and Recorder, Weld County, CO
VIII l��.�l11�IT�r ni l ik 11 hw�'r! '�L� �N �� IY4utifl 11111
r I) N
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
DATE: 2 -I3 -I?
DRAWN BY: I)RII
SHEET: I Oft
BIT -B
HOSE WO LAND I.LC
S89'20'47"W
5300.37'
W1/4 CORNER
535-T6N-R65W
FND 3 1/2" ALUM. CAP
STAMPED LS#26288
L6
T. P.O. B.
L7 LI
HOSHIKO LAND LLC
PARC.#08033500O008
RECP.# 4098181 & 4109491
LINE TABLE
LINE
BEARING
DISTANCE
LI
S89'20'47'W
135.00'
L2
S89 -22'17"W
65.00'
L3
NO0'37'31"W
35.00'
L4
N89'22'29"E
55.00'
L5
589'22'29"W
140.00"
L6
N00'37'31"W
69.86'
L7
N89'20'47"E
150.00'
TEMPORARY EASEMEN
ACQUIRED TE-9
24,964.62 sf.
OR 0.57 oc,±
L5
tO
Li
N00'37'31 "W
(ddt
W
M
r�7
12
DAIRY FARMERS
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A OF AMERICA
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT,
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY, l
TEMPORARY EASEMENT
ACQUISITION
HOSHIKO LAND [I.C "FE -4
WCLD COUNTY. COLORADO
4333558 Pages: 14 of 20
09/07/2017 10:38 AM R Fee:$0.00
Carly Kappa., Clark and Raoorder, Weld County, CO
VIII IMARIMIC M 'l* kfellY.11411a 11111
11NWVNTAJNtO
ExIERNO 00' ROW
FROM STATE LAND BRD.
4/A-viiRfC.Pe.r.019118R-61.4ARti.17.1....57909
P A.C.
E1/4 CORNER
S35-T6N-R65W
FND 3 '/4" ALUM. CAP
STAMPED LS#1 0855 2000
EXISTING 60' ROW
BK.1154/P0, 241
5-9-1945
RO.BK.2/PG.192
JAN. 23, 1878
LDS CHURCH
SE CDR.
S35-16N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LS#36213
2016 IN MON. BOX
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PRO. lg. 17T No• SPP-27
/". BY_DRH
7.7 1,' _ai(
SHEET 2.)i
EXHIBIT -B
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT DEED FILED IN NE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 4098179 AND RECEPTION NO. 4109489 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST CNE-QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID
NORTHEAST ONE -QUARTER AS BEARING NORTH 00'37'25" WEST, A DISTANCE OF 2651.33 FEET TO THE
NORTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 89'20'47" WEST,
A DISTANCE OF 120.00 FEET TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89'20'47" WEST, A DISTANCE OF 165,00 FEET
THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'37'31" WEST, A DISTANCE OF 55.14 FEET;
THENCE NORTH 89'22'29" EAST, A DISTANCE OF 155.00 FEET;
THENCE NORTH 00'37'25" WEST, A DISTANCE OF 1220.19 FEET;
THENCE SOUTH 89'22'35" WEST, A DISTANCE OF 55.00 FEET;
THENCE NORTH 00'37'25" WEST, A DISTANCE OF 50.00 FEET;
THENCE NORTH 89'22'35" EAST, A DISTANCE OF 55.00 FEET;
THENCE NORTH 00'37'25" WEST, A DISTANCE OF 1231.82 FEET;
THENCE NORTH 45'39'59" WEST, A DISTANCE OF 19.97 FEET;
THENCE SOUTH 89'17'28" WEST, A DISTANCE OF 222.84 FEET;
THENCE SOUTH 00'42'32" EAST, A DISTANCE OF 40.00 FEET;
THENCE SOUTH 89'17'28" WEST, A DISTANCE OF 60.00 FEET;
THENCE NORTH 00'42'32" WEST, A DISTANCE OF 40.00 FEET;
THENCE SOUTH 89'17'28" WEST, A DISTANCE OF 33.00 FEET;
THENCE NORTH 00'42'32" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 64;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 89'17'28" EAST. A DISTANCE OF 310.00 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 45'39'59" EAST, A DISTANCE OF 42.39 FEET;
THENCE SOUTH 00'37'25" EAST, A DISTANCE OF 2591.23 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL (TE-10) CONTAINS 47,802.10 sf. OR 1.10 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
ACQUIS[TTON
1-EOSHIKO LAND LE.C TE-l0
WELD CGUN"I Y, COLORADO
4333558 Pages: 15 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
VIII INFA X411 FI1Jp+lt`Ii'
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO 3RP-?7 SCALE.
DATE: 3-i3-17 DRAWN BY• I)RII SHEET I o° 3
I I I
60'
TEMPORARY EASEMENT
ACQUIRED TE-10
47,802.10 sf.
OR 1.10 ac,±
HOSHIKO LAND LLC
PARC.#080335000014
RECP.# 4098179 & 4109489
LINE TABLE
UNE
BEARING
DISTANCE
L1
S89'20'47'W
120.00'
L2
S89'20'47"W
165.00'
L3
NO0'37'31"W
55.14'
L4
N89'22'29"E
155.00'
L5
S89'22'35'W
55.00'
L6
N00'37'25"W
80.00'
L7
N89'22'35'E
55.00'
_8
N45'39'59'W
19.97'
L9
S89'17'28"W
222.84'
L10
SO0'42'32'E
40,00'
L11
S89'17'28"W
60.00'
L12
N00'42'32"W
40.00'
L13
589'17'28"W
33,00'
L14
N00'42'32"W
20.00'
L15
N89'17'28"E
310.00'
L16
S45'39`59"E
42.39'
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.
W1/4 CORNER
S35-T6N-R65W
FND 3 1/2" ALUM. CAP
STAMPED LS#28288
889'20'47"W
5300.87'
TEMPORARY EASEMENT
ACQUISLT[ON
l IOSHIKO LAND LLC I'E- [ 0
WEt,D COUNTY, OLORACO
43333°38 Pages: 16 of 20
09/07/2017 10:38 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
L3
LS
15
0
N
N
1.0'
L4
12
T.P.0.B,
COUNTY
171
1 1
1rss1
N
Zr;
W 1 {
90'
0
{�1
NI
mf
{�I
'n l
(N1
{�I
1
{MI
(2
0I
EXSTING 60' ROW
AK.1154/PG.2+1
5-9-1945
RD.9K.2/PG.192
JAN. 23, 1678
LDS CHURCH
E NNAINTAINED
EXISTING 80' ROW
FROM STATE LAND BRO.
RECPN138986 MAR. 17.1909
P.O.C.
E1/4 CORNER
S35-T6N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LS#10855 2000
-W£-f-6 2-.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
r
DRAWN DC 11811
���� IrdEn &V WliU I INA liVhA11'.1i4 ,1I 111
COS
EXHIBIT -B
B IT -B
NEI- y,'�MRh'V.)
I.YS'(FR
SW CDR. S26-T6N-R65W
FND 2 1/2" ALUM. CAP
LS28656 2016 IN MON. BOX
_ Sa9'1, z8'�w �vv
l� 64-_
5310.10'
EXISTIIIO 60' ROW
ROOK. I/PO.204
-AIL 28, 1873
bus -.--
L14
L13
112
L10 L9 L8
11 10'
HOSHIKO LAND LLC
PARC.#08033 5000014
RECP.# 4098179 & 4109489
LINE TABLE
LINE
BEARING
DISTANCE
LI
S89'20'47`W
120.00'
L2
589'20'47"W
165.00'
L3
NO0'37'31 "W
55.14'
14
N89'22'29'E
155.00'
L.5
S89'22'35"W
55.00'
LB
N00'37'25'W
80.00'
L7
N89'22'35"E
55.00'
L8
N45'39'59'W
19.97'
L9
S89'17'28"W
222.84'
L10
SOO'42'32"E
40.00'
L11
S89'17'28"W
60.00'
L12
N 00'42'32"W
40.00'
L13
S89'17'28"W
33.00'
L14
NO0'42'32"W
20.00'
L15
N89'17'28"E
310.00'
L16
S45'39'59"E
42.39'
TEMPORARY EASEMENT
ACQUIRED TE-10
47,802.10 sf.
OR 1.10 ac.±
NOTE: IHIS EXHIdII MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
t0'
16
N
N
MA �•;+r, Ilit.
L7
L8
I KLLLY
u EXISTING 60' ROW
RD HK.i/4G,20l
JUL 78, 1873
11
zfz
1QI
wl
NE COR. S35-16N-R65W
FND 3 1/4" ALUM. CAP
LS38213 2016 IN MON. BOX
LDS CHURCH
I I I -EXISTING 80' ROW
I y 8( 1 154/PG, 241
I 5-9-1945
RD.OK.2/PG.192
JAN. 23, 1878
1 I i
1 1
TEMPORARY EASEMENT
ACQI!1SFI'f)N
1 LOS[11KO LAND LI,C TF-10
WOLO C)UN I'Y, (201,UILAL)(1
4333538 Pages: 17 of 20
09/07/2017 10:38 AM R Fee:$0.00
Carly
Y�Koppes,,n,p11Clerk
'and
Recorder, Weld County, CO 1'1
1111 �II��II��1Isi1II��I,�nI■ fi�l MA■
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO SI:Y 2'
DATE. 1-13-17 OFAWI'I EY 1)1111 SHEEP 5 u(:,
QUIT CLAIM DEED
THIS DEED is made this day of , 2017, between , HOSHIKO LAND, LLC,
whose address is P.O. Box 119, Kersey, Colorado 80644, ("Grantor") and COUNTY OF WELD,
a body corporate and politic of the State of Colorado, whose legal address is 1150 "O" Street,
Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantee").
WITNESSETH, that the Grantor, for sufficient consideration, the receipt whereof is
hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto
the Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and
demand which the Grantor has in and to the parcel of land situate, lying and being in the County
of Weld and State of Colorado, to wit:
SEE ATTACHED EXHIBIT "A."
RESERVING unto Grantor the mineral estate under the Property, including but not
limited to all oil, gas, shale, coal and other minerals and mineral rights and any and all water and
water rights, including any and all right, title, and interest in and to dry -up credits currently
attached to or associated with the Property, except as required to sustain the integrity of the
surface estate granted herein.
TO HAVE AND TO HOLD the same, together with all the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use,
benefit and behoof of the Grantee, heirs and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
OWNER: HOSHIKO LAND, LLC
By:
Dennis J. Hoshiko — President
AND CONTINUED ON NEXT PAGE
4333388 Pages: 18 of 20
09/07/2017 10:38 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
VIII 11111
By:
Diana L. Tomoi — Vice President
By:
Denise A. Leafgren — Secretary/Treasurer
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
2017, by: Dennis J. Hoshiko, Diana L. Tomoi, Denise A. Leafgren
Notary Public
My commission expires:
4333558 Pages: 19 of 20
09/07/2017 10:36 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII NIA M 1I II
HOSHIKO LAND LLC
PARCELS: RW-9, TE-9, RW-10, TE-10
47 CORRIDOR PROJECT
COMPENSATION WORKSHEET - 8/4/2017
ACQUISITION
AREA (acres)
VALUE
(per/ac.)
TOTALS
MISC
LAND
ROW (RW-9)
3.20
$ 7,000.00
$ 22,365.00
ROW (RW-10)
5.43
$ 7,000.00
$ 37,982.00
TE (TE-9) (@ 10% LAND
VALUE)
0.57
$ 7,000.00
$ 802.00
X 2 YEARS
TE (TE-10 (@ 10% LAND
VALUE)
1.10
$ 7,000.00
$ 1,536.00
X 2 YEARS
TOTAL LAND VALUE
$62,685.00
100' OF LINEAR CONCRETE
DITCHES IN AREA ROW TO
BE AQUIRED
$2,400.00
COST TO REPLACE EARTHEN
DITCH WITH 11 DROP
STRUCTURES
$44,275.00
TOTAL COMPENSATION
$109,360.00
INCENTIVE (30%)
$18,806.00
TOTAL COMPENSATION
W/INCENTIVE
$128,166.00
4333558 Pages: 20 of 20
09/07/2017 10:38 AM R Fee:$0.00
Carly Koppel, Clerk and Reoorder, Weld County, CO
1111 � KalekMCI � �I ��r� M � c�,ti r� 11 ii i
RESOLUTION
RE: APPROVE ACCEPTANCE OF QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN
- HOSHIKO LAND, 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 Acceptance of Quit Claim Deed
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 Hoshiko Land,
LLC, commencing October 31, 2017, with further terms and conditions being as stated in said quit
claim deed, and
WHEREAS, after review, the Board deems it advisable to approve said quit claim deed, 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 Acceptance of Quit Claim Deed 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 Hoshiko Land, LLC be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said quit claim deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2017, nunc pro tunc October 31, 2017.
BOARD OF COUNTY COMMISSIONERS
WE • OU ,TY, COLO'ADO
ATTEST: diticiA)
Weld County Clerk to the Board
BY:
Julie A. ozad, Chair
Steve Moreno, Pro-Tem
eputy Clerk to the Boar•_
can P. Conway
APPROMED A
ounty Attorney
Date of signature: 115/ ► 7
p?
:arbara Kirkmeyer
cc. Pw ER I -r rr mC)
c ti la(1
2017-3102
EG0074
MEMORANDUM
TO: Clerk to the Board DATE: 11/1/2017
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Acceptance of a Quit Claim Deed
RE: CR 47 Project Acceptance of Quit Claim Deed from:
HOSHIKO LAND, LLC
Acceptance of Quit Claim Deed for Public Road Right of Way
11/1/t-1
Pt v C -rS/ £R / enc)
)
il/30/(-7
,O/ 7- ,31 o
e.C7oo1y
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made this :j! S day of dam -1" 2017 between
HOSHIKO LAND, LLC by its sole member, Hoshiko Resources, Inc., a Colorado corporation,
whose address is P.O. Box 119, Kersey, Colorado 80644, ("Grantor") and the COUNTY OF
WELD, a body corporate and politic of the State of Colorado, whose legal address is 1150 "O"
Street, Greeley, Colorado 80631 ("Grantee").
WITNESSETH, that Grantor, for sufficient consideration, the receipt whereof is hereby
confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and
by these presents does remise, release, sell, convey and QUIT CLAIM unto and to the only
proper use, benefit and behoof of Grantee, its heirs, successors and assigns forever, to have and
to hold the same, together with all the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, all the estate, right, title, interest, claim and demand which
Grantor has either in law or equity, in and to the following described parcel of land situate, lying
and being in the County of Weld and the State of Colorado, to wit:
SEE ATTACHED EXHIBIT "A." ("the Property")
EXCEPTING AND RESERVING unto Grantor the mineral estate underlying the
Property, including but not limited to all oil, gas, shale, coal and other minerals and mineral
rights, except as required to sustain the integrity of the surface estate granted herein, together
with any and all water and water rights, including any and all right, title, and interest in and to
any and all dry -up credits currently attached to or associated with the Property.
IN WITNESS WHEREOF, Grantor has executed this QUIT CLAIM DEED on the date
set forth above.
GRANTOR: HOSHIKO LAND, LLC
By its sole member, Hoshiko Resources, Inc.
By:
Dennis . Hoshiko — President
AND CONTINUED ON NEXT PAGE
4355146 Pages: 1 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
WWI Fill IF WWI 11111
v26/?-3/0a-
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 21441 day of
2017, by Dennis J. Hoshiko
My commission expires:
•
By:
Diana L. Tomoi — Vice President
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Notary Publi
I GLORIA J JOHNSON
I Notary Public • `
State of Colorado
Notary ID 20114038029
l My Commission Expires Jun 17, 2019 1
5+ -
The foregoing instrument was acknowledged before me this 3) day of
2017, by Diana L. Tomoi
My commission expires: c.,„ 11 .Zd q
By: A.V.-1-e
Denise A. Leafgren—'SCcretary/Treasurer
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
51`
The foregoing instrument was acknowledged before me this 31 'day of .-k �
2017, by Denise A. Leafgren.
p — p .a
GLORIA J JOHNSON
Notary Public
State of Colorado
Notary 10 20114038029
My Commission Ex ires Jun 17, 2019
My commission expires: w,.r— 1"11 4
4355146 Pages: 2 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
111111
otary Public
GLORIA J JOHNSON
Notary Public
State of Colorado
Notary ID 20114038029
My Commission E ires Jun 17, 2019
EXHIBIT -A
SE 1/4 S35-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF
SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 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. 4098181 AND RECEPTION NO. 4109491 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 105.00 FEET OF THE EASTERLY 135.00 FEET OF SAID PARCEL.
SAID PARCEL (RW-9) CONTAINS 139,175.89 sf. OR 3.20 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
4355146 Pages: 3 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
LAI VIE' NA VIII
RIGHT OF WAY
ACQUISITION
HOSHIKO LAND LLC RW-9
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE:
DATE: 1-27-17
DRAWN BY: DR f
SHEET: 1 of2
EXHIBIT -A
S_ t , k 65V,1
IIOSHiKO LAND-LLC
LC
W1/4 CORNER
S35-T6N-R65W
FND 3 1/2" ALUM. CAP
STAMPED LS#26288
E1/4 CORNER
S35- T6N-R65W
FND 3 1/4" ALUM. CAP
S89'20' 47"W STAMPED LS#1O855 2000
5300.87'
HOSHIKO LAND LLC
PARC.#080335000008
RECP.# 4098181 & 4109491.
t0
UI
N
M
RIGHT—OF—WAY
ACQUIRED RW-9
139,175.89 sf.
OR 3.20 ac.±
105'
DAIRY FARMERS
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A OF AMERICA
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY;
0,
N,
(01
.O
UNMAINTAINED
EXISTING 60' ROW
FROM STATE LAND BRO.
RECP#138986 MAR.17,1909
EXISTING 60' ROW
BK.1154/PG.241
5-9-1945
RD.BK.2/PG.192
JAN. 23, 1878
LDS CHURCH
SE COR.
S35-T6N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LS#38213
2O16 IN MON. BOX
RIGHT OF WAY
ACOl 1ISII'ION
IIOSIIIIC() LAND LLC RW-9
WE(.t) COUNTY, COLORADO
4355146 Pages: 4 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1861
N T Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
AP -
PROJECT NO: SRP-27
DATE: 1-27- I
DRAWN BY: DR
.LE
of
VIII 1iirdRIALCIINME M Y4rAI II
EXHIBIT -A
NE 1/4 S35-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 65 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. 4098179 AND RECEPTION NO. 4109489 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID
NORTHEAST ONE -QUARTER AS BEARING NORTH 00'37'25" WEST, A DISTANCE OF 2651.33 FEET TO THE
NORTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 89'20'47" WEST, A
DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47
SAID POINT BEING THE TRUE POINI OF BEGINNING.
THENCE CONTINUING ALONG SAID SOUTHERLY UNE AND DEPARTING SAID RIGHT-OF-WAY UNE
SOUTH 89'20'47" WEST, A DISTANCE OF 90.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'37'25" WEST, A DISTANCE OF 2591.22 FEET;
THENCE NORTH 45'39'59" WEST, A DISTANCE OF 42.39 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 64;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89'17'28" EAST, A DISTANCE OF 120.00 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47;
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'37'25" EAST, A DISTANCE OF 2621.30 FEET TO THE
TRUE POIN OF BEGINNING.
SAID PARCEL (RW-10) CONTAINS 236,363.48 sf. OR 5.43 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
38213,
-3/7
LLIO
RIGHT OF WAY
ACQUISITION
HOSHIKO LAND LLC RW-10
WELD COUNTY, COLORADO
4355146 Pages: 5 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111110A1 NirVIYILIK F051101010 IN I�rI�Y4 VIII
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
DATE: I.30-17
SCALE:
DRAWN BY: DRH
SHEET: 1 of 3
EXHIBIT -A
NE I,!. S3 5-T6N--R6 •W
RIGHT—OF—WAY--�,
ACQUIRED RW-10
236,363.48 sf.
OR 5.43 Oc.±
HOSHIKO LAND LLC
PARC.#080335000014
RECP.# 4098179 & 4109489
LINE TABLE
LINE
BEARING
DISTANCE
Ll
S89'20'47"W
30.00'
L2
589'20'47"W
90.00'
L3
N45'39'59"W
42.39'
L4
N89'17'28"E
120.00'
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.
W1/4 CORNER
S35-T6N-R65W
FND 3 1/2" ALUM. CAP
STAMPED LS#26288
N00'37'25"W
90'
S89'20'47"W-
5300.87' - L2
T.P.0.8.
60'
1kI
U'
i--'EXIST1NO 60' ROW
BK.1154/PG.241
% 5-9-1945
Ir RD.BX.2/PK.2/PC.t92
JAN, 23, 1878
NI0
00'
IEI
z
`N1
LDS CHURCH
UNMAINTAINED
EXISTING 80' ROW
FROM STATE LAND BRO.
RECPft38986 MAR.17.1909
P.O.C.
E1/4 CORNER
S35-T6N-R65W
FND 3 1/4" ALUM. CAP
STAMPED LS#10855 2000
-W€ 1-6 2
R.IGITF' OF WAY
ACQUISITION
11OSIIIKO LAND LLC RW-10
WELD COUNTY, COLORADO)
4355146 Pages: 6 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IPAIRINA IPEIN 11111
1861
t o1
NTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CONDOR PROJECT
PROJLC T NO: SIC ?7
SCALE: 1."--200
GATE: ,0— I
DRAWN BY: DRII
SET: 2 ,of
E.11H b B IT —A
liNV1'.,�
LYSTER
SW COR. S26-T6N-R65W
FND 2 1/2" ALUM. CAP
LS28656 2016 IN MON. BOX
`S89'172_8ry+/`VIrC.R V`T
5310.10'
EXISTING 60' ROW
RD.BK.I /PG, 204
JUL. 28, 1873
4
L3
HOSHIKO LAND LLC
PARC.#080335000014
RECP.# 4098179 & 4109489
N00'37'25"W
LINE TABLE
LINE
BEARING
DISTANCE
L1
S89'20'47"W
30.00'
L2
S89'20'47"W
90.00'
L3
N45'39'59"W
42.39'
L4
N89'17'28"E
120.00'
RIGHT —OF —WAY —
ACQUIRED RW-10
236,363.48 sf.
OR 5.43 ac.±
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.
90'
NI
1
M1
C1
.O
zl
E2s
coi
Q1
00
W
r VI1
C4iT)1
Nlm
8
KELLY
' EXISTING 80' ROW
RD.BK.1 /PG.204
JUL. 28, 1873 —
NE COR. S35-T6N-R65W
FND 3 1/4" ALUM. CAP
LS38213 2016 IN MON. BOX
LDS CHURCH
EXISTING 60' ROW
BK.1154/PG.241
5-9-1945
RD.BK.2/PG.192
f _ JAN, 23, 1878
RIGHT OF WAY
ACQUISITION
IIOSIIIKO LANE) T,I C RW-10
`yr' 1) (;011fti'I Y. CCOI,ORADO
v
4355146 Pages: 7 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
C
1861
INVIIIV.INUIIIIVIald rat riliVeillAki EI II
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRI' '7
SCALE: I" 200
GATE:
DRAWN BY: DR I
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 /ST day of
ATTEST:
ddrativ
CLERK TO THE BOARD
017.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, A BODY
ORPORATE AND POLITIC OF THE
ATE OF COLORADO
Dep i ty Clerk to the Board 1 J j ,I ulie A. Cozad,
STATE OF COLORADO )
)ss
COUNTY OF WELD )
Ov
01 2011
The foregoing instrument was acknowledged before me this / ' day of
, 2017 by Julie A. Cozad, CHAIR OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires:
mhza
4355146 Pages: 8 of 8
11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
BPI
CHERYL LYNN HOFFMAN
KO'r As1Y PUBLIC
STA1i COLO1ADO
NOTARY ID 201440.48044
MY COMMI3SION LXPIRES uEC. 19, 2018
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Bruce Barker
Wednesday, November 1, 2017 9:45 AM
Esther Gesick
FW: Land conveyance documents and instructions
QCD for HOSHIKO LAND, LLC - CR64 & CR47 (Revised 10.27.17).doc; QCD for
HOSHIKO LAND, LLC - US34 & CR49 (Revised 10.27.17).doc; FARM LEASE (Kelly)
2017-2018.pdf; First Amendment to Purchase and Sale Agreement - Hoshiko (Revised
DRAFT 10.31.17).docx
Please include for today's added agenda items. Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Dennis Hoshiko [mailto:dhoshiko@yahoo.com]
Sent: Tuesday, October 31, 2017 7:43 PM
To: CenturyLink Customer <hawkstone4@q.com>; DON TOMOI <dontomoi@msn.com>
Cc: Jim Fuller <jimrfuller@gmail.com>; Doug Brown <dbrown@bdwfirm.com>; Ed Cordes <ed@cordesco.com>; Tiffane
Johnson <tvjohnson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Mike Freeman
<mfreeman@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Bruce
Barker <bbarker@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Barbara
Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Julie Cozad <jcozad@weldgov.com>;
Steve Moreno <smoreno@weldgov.com>
Subject: Land conveyance documents and instructions
All,
The attached documents have all been reviewed and preliminary approved by Weld County
("County") relating their acquisition of land owned by Hoshiko Land, LLC ("HLLLC") in association
with the pending expansion of Weld County Road 47 ("CR 47").
1
I have communicated with various County staff members about the need to record a new and
corrected deed to replace the faulty deed that was recorded a couple of years ago when land was
conveyed by HLLLC to the County in association with the expansion of CR 49.
In addition, I also requested the County to amend the Purchase and Sale Agreement Between Weld
County and Hoshiko Land, LLC to indemnify HLLLC of any damages our tenant farmer, Steve Kelly
(see attached Farm Lease) may incur as a result of the County's inability and/or failure to adequately
construct the pipeline that conveys water to irrigate the subject farm next year. Attached is the First
Amendment to Purchase and Sale Agreement Between Weld County and Hoshiko Land, LLC
("Amedment Agreement") that I have proposed minor revisions to which accomplishes that purpose.
HLLLC administrative assistant and Public Notary, Gloria Johnson, has two (2) copies of the deed for
the conveyance of the CR 47 land and two (2) copies of the deed for the conveyance of the CR 49
land, all of which are signed by myself and notarized.
Denise and Diana need to contact Gloria and make arrangements for her to notarize their signatures
on the aforementioned deeds tomorrow, Wednesday, November 1, 2017. Afterward, Denise and
Diana can hand deliver the signed and notarized fully deeds to Tiffane Johnson (970)400-3766 at the
offices of the Weld County Public Works Department, located at 1111 Street, Greeley (click the
following link for
directions): https://www.google. com/maps/place/Department+of+Public+Works/(a�40.446448,-
104.702104,15z/data=!4m5!3m4! 1 s0x0:0xa6f549f7436f8134!8m2!3d40.446448!4d-104.702104
When Denise and Diana deliver the deeds to Tiffane, Tiffane should present Denise and Diana with a
check made payable to Hoshiko Land, LLC for the amount of One Hundred Twenty -Eight Thousand
One Hundred Sixty -Six Dollars ($128,166.00).
Finally, Denise and Diana should sign two (2) copies of the the Amendment Agreement that include
my revisions to it that they can then leave with Gloria who will in turn, convey them to me for my
signature and subsequent return to the County.
Thank you,
Dennis
2
Hello