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HomeMy WebLinkAbout20161793.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DINNER/COALVIEW FARM, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right -of -Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 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 Dinner/Coalview Farm, LLC, 1814 14th Avenue, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right -of -Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 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 Dinner/Coalview Farm, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign any necessary documents. Cc, tGa C 6(3), G.PPL '-7/iG/9OiCo 2016-1793 EO0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - DINNER/COALVIEW FARM, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: GL ►/ ,Jelf„p;a EXCUSED Mike Freeman, Chair Weld County Clerk to the Board BY: uty Clerk to the Boar '� APPROVED AS TO FORM: Date of signature: —I/Co/ / EXCUSED Barbara Kirkmeyer e Moreno 2016-1793 EG0073 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN DINNER/COALVIEW FARM, LLC, A COLORADO LIMITED LIABILITY COMPANY et al. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 3Tday of 2016, by and between DINNER/COALVIF.W FARM, LLC, a Colorado Limite Liability Company, Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust dated August I, 1983, The Michael A. Segal and Marjorie G. Segal Trust date November 8, 2005, William M. Dinner and Lynne Dinner as joint tenants, Dara Lisa Dinner and David Walker as joint tenants, and Debora C. Rosenfeld and Edward F. Rosenfeld, as their interest may appear, whose address is c/o Glen A. Dinner, 1814 14`x' Ave. Greeley, CO 80631. hereinafter collectively 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 1 150 'O' Street Greeley. Colorado 80631 hereinafter referred to as "County." W rfNESSETH: WHEREAS. Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right -of -Way"), and WHEREAS. Owner owns parcels of real property described in the attached Exhibit "B" (hereinafter referred to as the ("Permanent Easements"), and WHEREAS. Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary. Construction Easement'), and WHEREAS. County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49'1 which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" or the `Project'' and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires Permanent Easements, in order to accommodate die relocation of existing, utility facilities, and WHEREAS, County requires a Temporary Construction Easement in order to construct the Project, and WHEREAS. Owner wishes to cooperate with County in said Road Improvement Project, NOW. THEREFORE, the parties herein agree as follows: G:'"Patrick\WPDOCS\CLIENTS,Dinner Farms\County Road 49\Sinai Docutnents\Final Executed Version\Dinner Coalview Comp Agree 052716 ping Clean with Updated Seed Mix.docx 4211649 Pages: 1 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO �IIIh9��IL>Q�TM 6ti'ti������1i�44Yh'iJ�k�P'!Y�hi�rl� F, 11111 2016-1793 Page 2 of 7 OWNER'S RIGHTS AND RESPONSIBILITIES: Owner agrees to sell at closing 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 Nineteen Thousand Two Hundred Ninety-two Dollars, ($19.292.001, reserving unto Owner all oil, gas. and other minerals in. on or under such property. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Owner agrees to convey at closing the Permanent Easements described on Exhibit "B" la copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand Three Hundred Eighty-eight and 00/101) Dollars ($3,388.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Two Thousand Five Hundred Seventy Dollars. (S2570.00). The parties acknowledge and agree that said purchase price represents full, lair and valuable consideration. 4. If this agreement is executed and returned to the County on or before June 10. 2016 the County shall pay the amount described in Paragraph Three (3) of the County's Rights and Responsibilities. Owner warrants that they are the Owner of the Public Road Rights -of -Way, Permanent Easements and the Temporary Construction Easement subject to all easements, leases, restrictions, reservations and rights -of -way of public record and will defend title thereto against all claims arising hy, through or under Owner. Owner agrees to grant the Public Road Right -of -Way to the County by Special Warranty Deed, free and clear of all liens and encumbrances, except existing easements, restrictions, leases, reservations and rights -of -way of Public Record_ 7. The Public Road Rights -of -Way, Permanent Easements and the Temporary Construction Easement are conveyed AS -IS. WHERE -IS. with no representation or warranty other than the warranties of title set forth in the Special Warranty Deed. Owner agrees to grant the Permanent Easement, in the form attached hereto as Exhibit "D", free and clear of all liens and encumbrances. except for all matters of public record. 9. Owner agrees to grant a Temporary Construction Easement to the County. free 4211649 Pages: 2 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder., Weld County, CO VIII NI��L'i�lf' 4 i,1h++:iWKFii�L\Vki ! l@u,h,'� Y4,� 11111 Pape 3or7 and clear of all liens. encumbrances or other possessory claims, except for all matters of public record. 10. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January I, 2018. or upon the completion of the Project, whichever is earlier. Owner shall not, during the term of the Temporary Construction Easement. erect or construct. or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may materially interfere with County's full enjoyment of the rights hereunder: the Temporary Construction Easement includes all right and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 12. Owner shall retain the mineral estate under the Public Road Right -of -Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right - of -Way, Permanent Easements and Temporary Construction Easement. 13. Owner shall deliver the fully executed Special Warranty Deed for the Public Road Right -of -Way to County and the Permanent Easements at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. l J. Owner shall pay any monetary encumbrance associated with the Public Road Right -of -Way. the Permanent Easements and the Temporary Construction Easement which is required to he paid in order to deliver title free of such encumbrance, including. hut not limited to, a prorated amount of the property taxes. and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Special Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way, Permanent Easements and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONS[RILITIES: County shall at closing pay for the cost of obtaining title insurance if County desires to ohtain title insurance for the Public Road Right -of -Way, Permanent Easements and Temporary Easement and any closing costs charged by the title company selected by County County shall at closing pay all fees associated with recording this Agreement and / or the Special Warranty Decd, Permanent Easements, and Temporary Construction Easement. 4211649 Pages: 3 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CC •IIIMI� tUgh'w .' r�'�'R�J"I�^ihY�1F�JlILi4�ItiiLYI iv Page 4 0l 7 County shall pay Thirty-two Thousand Three Hundred Twenty-six Dollars ($32, 326.90) to the Owner for the Public Road Right -of -Way, the Permanent Easements, and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before June 10, 2016. IT the agreement is not signed and returned on or bel are June 19, 2916, the County shall maintain its current offer of Fair Market Value of Twenty-five Thousand Two Hundred Ninety-7even and 00/100 Dollars ($25,297.00) for the Public Road Right -of -Way, the Permanent Easements, and the Temporary Construction Easement by County warrantls I at the date of closing. -I. County, as a condition of granting the Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition immediately prior to occupation of the Temporary Construction Easement by the County, which obligation includes reseeding the property described in Exhibit "C" with the Native Grass Seed Mix (sands) of the Weld County (Greeley ARCS Field Office), as shown on page 2 of the attached Exhibit "E." Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the 'Temporary Construction Easement / Permanent Easements. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The fence shall be constructed of combination field fence utilizing woven wire bottom with 2 strand barbed wire on top on metal posts. The Owner shall be responsible for the subsequent maintenance of said fence. MISCELLANEOUS: This Agreement and the transfers of the Public Road Right -of -Way, Permanent Easements and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and he enforceable by the parties and their heirs, executors, administrators. successors. and assigns. This Agreement shall not he valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 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. 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 he binding on either party, or its agents or 4211649 Pages: 4 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO ■��� Mi����Yah4r�'f'.�1hiJ'«h �,��, �E K��fF�l� �I YIvF "III Pagkz 5 of 7 employees 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 he 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. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: By: Date: DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust, dated August 1, 1983. Ry: As: By: As: Date: The Michael A. Segal and Marjorie G. Segal Trust, dated November 8, 2005. By: Date: As: 4211649 Pages: 5 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO VIII Prdl t�� llINRIVIL'l+llr' J kVtLtiidvil'ilvi,1I III Page 5 (3r7 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. 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company By: Title: Date: Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust, dated August 1, 1983. By: �e,..i...� )- 3 As: Svcaft* r 'i rat K. By: As: C/07'16 Date The Michael A. Segal and Marjorie G. Segal Trust, dated November 8, 21105. By: As: Date: 4211649 Pages: 6 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder., Weld County, CO I'll M1:0117 ,iFAhMl'I ZIiaM,GII'FIFO II I I'•g• vt7 It. i expressly understood and agreed that the enforcement Of the terms and conditions of this Arreetttent, and all ri,.hts (1' action relating to such enforcement. shall he strictly rest:uv(:t1 to the undersigned parties and nothin�o in this :\•.I'. iitcnt :hall tzive or'.11tuzv ;art: claim or ri«hr of action what -oe' er by :to other person nut included in this Au..reeuient. It is the express intention (+t' the undersigned l,u•tit•' that pity Orttily other than the undersigned parties receiving services or benefits untie; this \liit-eon-1cnt shall he an incidental beneficiary only. (t. 1 hip A1.gr'Cetnenr embodies all ngtontents between the parties heron and there are no promises. terms, eotufition,, tit' oblicatittns referring to the subject chatter i• hen..t)I tulle'. than as i;tsttt:tined herein. 7. •1'hk transaction shall he governed by and constructed in accur(i nice with the I:tsys of II`tr' `state of Colti1:1,.I(>. i" 14 18„ I Il-.I FAI , the I>tn-rie, h:IVo set their hands on the d:r4 anti '.ear first above written. OWNER: DINNER/(.OMLvIf:W FARM, A.% a Colorado ado I ..itrtited Liability Company lt�•: Dote: Stephen D. Barnett and Mark R. Barnett as 'trustees of the Rae Weiland Revocable Trust. dated August 1, 1t)Ji3. k. L...'a.� rate: Lii.l t�......: }..: ' :._.i.0 ......... r- �1 r � - t i.. L I_f._• ..... The Michael A. Segal and ≥Vlar;lrrt-n ( a . Segal 'l rust, dated November 8, 2005. 4211649 Pages: 7 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO Page 5of7 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. 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: DINNER/COALV!EW FARM, LLC, a Colorado Limited Liability Company By: Title: Date: Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust, dated August 1, 1983. By: As: By: As: Date: The Michael A. Segal and Marjorie G. Segal Trust, dated November 8, 2005. e n By: ...emu Date: ,c.L, yL As: �. lL� 4211649 Pages: 8 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III M���I�'iZ�r�ti��; ��E�i�l'iJ��k'�L'M��,'I��n'�: hM�:�YL�r� 11111 Page fi of 7 Willi( M./)inner andtym Dinner, as joint tenants. By: \i` �(. I £'t William M. Dinner. Lynnei4)inner Date: Date: f//i /, / Dara Lisa Dinner and David Walker, as joint tenants. By: Date: Dara Lisa Dinner By. Date: David Walker Debora G. Rosenfeld and Edward F. Rosenfeld, as their interest may appear. By: Date: Debora G. Rosenfeld By: Edward F. Rosenfeld Date: 4211649 Pages: 9 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO MID k��11L�J�irtt'��'�ilt����F41F{irJ�k, Y4rh IEIII 7 Page 6 of William EN'L Dinner and Lynne Dinner, as joint tenants. By: William M. Dinner Lvnne Dinner Date: Date: [bra Lisa Dinner and David Walker, as joint tenants. By: Dara Lisa Dinner I [)avid Walker I.)ate: Date: I` ' G{ Debora C. Rosenfeld and Edward F. Rosenfeld, as their interest may appear. By:Date: Debora C. Rosenfeld By: — E dnard F. Rosenfeld Date: 4211649 Pages: 10 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iv I �.rl��,li 'i l; IY14SP17L1�1 WNW' Wyk III HI B y/ Page 6o17 William M. Dinner and Lynne Dinner, as joint tenants. By: Date: William NI. Dinner By: Date: Lynne Dinner Dara Lisa Dinner and David Walker, as joint tenants. By: Date: Dara Lisa Dinner By: _ Date: David Walker Debora G. Rosenfeld apd Edward F. Rosenfeld, as their interest may appear. n) 7>i By: ‘;',c c /("e Edward E. Rosenfeld 4211649 Pages: 11 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. Co VIII M��1Rf�� � �Id'I�1 aEY ��ti �f Idl�lf,W'I; Ili II MI I Date: �//�/ ��/ �' ATTEST: d V .-C1,Lo;cA Weld G6uity, Clerk to the BY Deputy CI ApPlaVED AS T; Controller APED AS TO County Attorney BOARD OF COUNTY COMMISSIONERS oard WELD COUNTY, COLORADO 4211649 Pages: 12 of 12 06/15/2016 02:52 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County, Co •III PAT, III MI Sean P. Conway, Pro-Te�uN�I 2u16 APPROVED TO BSTANCE: rector of General Services 026/6-/7q3 RE: WCR 49 Project Doc #2016-1793 MEMORANDUM TO: Clerk to the Board DATE: August 2, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item Special Warranty Deed with Dinner/Coalview Farm, LLC, Stephen D. and Mark R. Barnett Trustees of the Rae Weiland Revocable Trust The Michael A. Segal & Marjorie G. Segal Trust William M. Dinner and Lynne Dinner as joint tenants Dara Lisa Dinner and David Walker as joint tenants Debora G. Rosenfeld and Edward F. Rosenfeld. 11 FrancieAGENIIA memos Agenda -Tiffany doc Ce,. -Pu) Lam- g- g-ao& c4'6-/ 793 E40073 SPECIAL WARRANTY DEED THIS DEED, made effective this 3cfThay of June, 2016, between DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company, Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust dated August 1, 1983, The Michael A. Segal and Marjorie G. Segal Trust date November 8, 2005, William M. Dinner and Lynne Dinner as joint tenants, Dara Lisa Dinner and David Walker as joint tenants, and Debora G. Rosenfeld and Edward F. Rosenfeld, as their interest may appear, Grantors, 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 '0' Street, Greeley, CO 80631, Grantee; WITNESSETH, That Grantors, for and in consideration of the sum of Nineteen Thousand Two Hundred Ninety -Two and 00/100 Dollars ($19,292.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A, attached hereto and by this reference incorporated herein; also known by street and number as: vacant land; (the "Property") TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law- or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances, BUT RESERVING unto Grantors all water rights appurtenant to the Property and all oil, gas, and other minerals in, on, or under the Property, together with a right of ingress and egress for the purposes of exploring, developing and producing the same; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's successors and assigns forever. Grantors, for Grantors and Grantors' heirs, successors, and assigns, do covenant and agree that Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantors, except taxes for the current year, and easements, restrictions, leases and rights -of -way of record. IN WITNESS WHEREOF, Grantors have executed this deed on the dates set forth in the acknowledgements below, but effective for all purposes as of the date set forth above. 4227205 Pages: 1 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO �IIIM!�11J�Wi��«h:�+:�h� ksr11vIWkiYt�fiMtiJii�+� 1111 02o/1e-793 DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company: By: Date: Title: State of lo/a+-do ) J )ss. County of We id 1, &u-)4to-1- £ iefr Lt. , a Notary Public in and for said County and State certify that 9 jbart .p; op er , personally came before me this day and being by me duly sworn, acknowledged that he/she is the mQ/nbey Maltasei of Dinner/Coalview Farm, LLC, a Colorado limited liability company, and that by authority duly given and as the act of said company, the foregoing instrument was signed in its name by its ein her Mona y e( , and is duly authorized and able to execute the afore signed document for said company. SANDRA L. EVERITT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054039451 MY COMMISSION EXPIRES 08-21-2019 My commission expires: 6/a.6,j 9 4227205 Pages: 2 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO u111 �4��Ra�l�Allffr<'�i�'1ti41.hbI��1�tiF UR�'fiiartrI F1 II III 2 Witness my hand and official seal. Jaindka xa Notary Public Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust dated August 1, 1983: By: S 'I- N D Stephen D. Barnett, Trustee Date: la 6O6 State of Lein) )ss. County of Weld > The foregoing instrument was acknowledged before me this a011day of ,7 , 2016. by Stephen D. Bamett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1, 1983. Witness my hand and official seal. My commission expires: $2 a1 //Cj 4227205 Pages: 3 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO 1111 ViD Pri, 4h7 PVIti,:6 1h, II III 3 Jae/ Q Notary Public SANDRA L. EVERITT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054039451 MY COMMISSION EXPIRES 08-21.2019 Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust dated August 1, 1983: By: Mark R. Barnett, Trustee Date:771/10 i3, 20I-(7 �Cr knsfe e_ State of O}-€E7c ) )ss. County of(LkK-NlhfJ ) The foregoing instrument was acknowledged before me this 2S day ofcj V& , 2016, by Mark R. Barnett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1, 1983. My commission expires: / o(7 20L6 4227205 Pages: 4 of 18 08/11/2016 P1/22016 01:04:erk and Recorder, PMFeee:$aCounty, 0.00DFee:$0.00 Car1111kr1 tt*IVI L1+h'1VIMtHrilm1J Li 11111 Notary Public i Witness my hand and official seal. OFFICIAL SEAL DANIEL E RICHARDS NOTARY PUG'. IC -OTEGON COMMISSIONS NC 47rie7 MY COMMISSION EXPIRES OCTOBER IS, 2016 4 Notary Public My commission expires: The Michael A. Segal and Marjorie G. Segal Trust dated November 8, 2005: By: 11' tetA'N Miicliael A. Segal, Trustee Date: State of /\ 1(i'-p/1Ci )ss. County of AUrtC.0ilk ) w The foregoing instrument was acknowledged before me this 11day of , 2016, by Michael A. Segal, as a Trustee of the Michael A. Segal and Marjorie G. Segal Trust dated November 8. 2005. MARKO ZELENOVIC Notary Public - Arizona Maricoca County My Comrrdss or•. Expires July 7, 2717 My commission expires: 1-A1 AP The Michael A. Segal and Marjorie G. Segal Trust dated November 8, 2005: Witness my hand and off ial seal. L By: Marjo a G. Segal, Trustee Date: /7 de/4 Notary ''ublic 4227205 Pages: 5 of 18 08/11/2016 01:04 PM R Fee :$0.00 D Fee :$0 00 Carly Koppes, Clerk and Recorder, Weld County. CO VIII M)r1I'litulll4Ylraid,IAf,iI,i'llirldninliI41,4, Bill State of t6\ State of County of )ss. The foregoing instrument was acknowledged before me this day of , 2016, by Stephen D. Barnett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1, 1983. Witness my hand and official seal. Notary Public My commission expires: Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust dated August 1, 1983: By: Mark R. Barnett, Trustee Date: State of County of )ss. The foregoing instrument was acknowledged before me this day of , 2016, by Mark R. Bamett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1, 1983. 4227205 Pages: 6 of 18 08/11/2016 01:04 PM R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Ll1ti+iili!TP II'il'1 Li 11111 Witness my hand and official seal. County of JAct,trl( ` )ss. The foregoing instrument was acknowledged before me this It day of ILr'IA-- , 2016, by Marjorie G. Segal, as a Trustee of the Michael A. Segal and Marjorie G. Segal Trust dated November 8, 2005. My Conan.. xpir Witness my hand and official seal. Notary ' ublic My commission expires: lc2 y William M. Dinner: By: Date: William M. Dinner State of County of )ss. The foregoing instrument was acknowledged before me this day of , 2016. by William M. Dinner. My commission expires: Lynne Dinner: Witness my hand and official seal. Notary Public 4227205 Pages: 7 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �III!!!�11'�RI ��Nii«li'UY�FJr;t*'aiM��iVaM III By: Date: Lynne Dinner State of County of )ss. The foregoing instrument was acknowledged before me this day of , 2016, by Lynne Dinner. Witness my hand and official seal. Notary Public My commission expires: Dara Lisa Dinner: By: Date: Dara Lisa Dinner State of County of )ss. The foregoing instrument was acknowledged before me this day of 20 by Dara Lisa Dinner. 4227205 Pages: 8 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill .. 'mess my hand and official seal. William M. Dinner: By: William M. Dinner State oflviCw •-yAL__ )ss. County of ti tec3 LA ) Date: L 7/ V) / T The foregoing instrument was acknowledged before me this 11 day of William M. Dinner. SHAD/IZA A BANSIE Notary Public - State of New York NO. 01BA6236697 Qualified in Nassau County My C.ur,n ssion Exuir.r.Mar 7, 2019 My commission expires: 4227205 Pages: 9 of 18 0arly KopPes 0ClO4 PM erk d Recorrder$0 Weld00 D unto $0 Co 0 1111kraltitli rdi!?N10.&L'!1100,ll!ch1Yi1,4, II III 7 Witness my hand and official seal. ,2O16,by Notary Public Lynne Dinner: By: / )L�C jJ L Lyn.e Dinner Date: C1O12i/ State of t'C%J: L) ) )ss. County of ) The foregoing instrument was acknowledged before me this (TI day of inc , 2016, by Lynne Dinner. SHAMIZA A BANSIE Notary Public - State of New York NO.018A6236697 Qualified in Nassau County My Comnri-sioo Expires Mar 7, 2019 My commission expires: 4227205 Pages: 10 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly CO IYlr11L'L'LM es �,�ITIerk YI nd Recorder. Ltih�ihlWt� Y4 NI III 8 Witness my hand and official seal. Notary Public Dara Lisa Dinner: By: /deLa- Dara Lisa Dinner State of &„-27 i3O -41,c4 ) )ss. County of Date: ' z 9r The foregoing instrument was acknowledged before me this olo2 day of Dara Lisa Dinner. COMMONWEALTH OF PENNSYLVANIA Ir NOTARIAL SEAL Deborah A. Becker, Notary Public Lipper Merlon Twp., Montgomery County My Commission Expires April 6, 2020 EMBER, PENNSYLVANIA ASSOi!lAi1ON OP NOIANIBl My commission expires: S31aV10N !O NOIJY$OOSSV VINY/t1ASNN3d 'd3BIN3W 0303 '9 ludv sandx3 uolssiwwo0 Ayj Aiuno3 Alawo6iuow ' dml uouan laddn oilgnd AreIoN 'laroae -v 4elogao 1V3S 1VIdVION VINVAIASNN3d JO H1lV3MNOWIN00 Notary Public 4227205 Pages: 11 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liiiKM'ILih:ICh iRR+'�Mtk+diMl�Y.�GPk'LY11�1�IIII ,20'4 ,by Witness my hand and official seal. 9 David Walker: By: David Walker State of e f l 5V tVJO r i C ) )ss. County of AA 00 o212_ku_) Date: Stub 7-7-, z-0 f 6 The foregoing instrument was acknowledged before me this R'R day of Lit) (1 { , 2016, by David Walker. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LIZA S LACEY Notary Public COLLEGEVILLE BORO., onE pires Jul0. 201 ull 8ONTY My My commission expires: Jots 301i)iE 4227205 Pages: 12 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO �IIIP1r1a1i6:1404'1,4i1,t4,✓ iELIMldIII 10 Witness m hand and official seal. Debora G. Rosenfeld: By: Debora G. Rosenfeld // State of L W(1 0 County of 6top LAO Q. )ss. Date: The foregoing instrument was acknowledged before me this 2 0 day of JUhe , 2016, by Debora G. Rosenfeld. JESSICA KUNZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144026534 MY COMMISSION EXPIRES JULY 09, 2018 My commission expires: 4227205 Pages: 13 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III KIM l'iC,ItiGIM4 ■I III 11 Witness my hand and official seal. Edward F. Rosenfeld: By: Edward F. Rosenfeld State of COIOpuJO County of AP4Vuh0e )ss. Date: The foregoing instrument was acknowledged before me this 20 day of J1111e Edward F. Rosenfeld. JESSICA KUNZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144026534 MY COMMISSION EXPIRES JULY 09, 2019 My commission expires: Witness my hand and official seal. 4227205 Pages: 14 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly KopPes Clerk and Recorder. Weld County CO 11111 12 ,2016, by EXHIBIT -A TWO PARCELS OF LAND, PARCEL -1 LOCATED IN THE SOUTHEAST ONE -QUARTER AND THE SOUTH ONE-HALF OF THE NORTHEAS- ONE -QUARTER OF SECTION 1, TOWNSHIP 4 NORTH. RANGE 65 WEST OF THE SIXTH PRINCIPAL_ MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, PARCEL -2 LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD. STATE OF COLORADO, SAID PARCELS BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3990354 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: R'GHT-OF-WAY PARCEL -1 POINT OF BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1. AND ASSUMING THE EAS" UNE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 1, BEING MONUMENTED B" A #6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED LS7242 1996 AT THE SOUTH END AND 8Y A #6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED LS22098 2006 AT THE NORTH END, AS BEARING NORTH 00'33'13" WEST, A DISTANCE OF 2637.65 FEET, WITH ALL BEARINGS CONTAINED HEREON ARE RELATIVE THERETO; THENCE NORTH 89'19'15" WES- ALONG THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 1, A DISTANCE OF 117 67 FEET, THENCE DEPARTING SAID SECTION _INE NORTH 00'40'45" EAST TO A POINT ON THE NORTHERLY R'GHT-OF-WAY OF WE_D COUNTY ROAD 48 A DISTANCE OF 30.00 FEET; THENCE NORTH 44'07'36" EAST DEPARTING SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 96.43 FEET; THENCE NORTH 02'54'57" WEST A DISTANCE OF 990.02 FEET; THENCE NORTH 00'45'34" WEST A DISTANCE OF 944.86 FEET; THENCE NORTH 89'26'48" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE OF 17.19 FEET; THENCE ALONG SAID CURVE '57,79 FEET AND HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 00'34'38" AND A CHORD BEARING OF NORTH 02'27'29" WEST A DISTANCE OF 157.79 FEET; THENCE NORTH 02'44'48" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 182.63 FEET; THENCE ALONG SAID CURVE 604.15 FEE- AND HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 0211'42" AND A CHORD BEARING OF NORTH 01'38'57" WEST A DISTANCE OF 604.11 FEET; THENCE SOUTH 89'26'54" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'33'06" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 485.01 FEET; THENCE ALONG SAID CURVE 494.86 FEET TO A POINT CN THE NORTH LINE OF THE sour-i ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 1 AND HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 01'47'44" AND A CHORD BEARING OF NORTH 00'20'46" EAST A DISTANCE OF 494.84 FEET; RIGHT OF WAY ACQUISITION I'ARM LL.:.. '.' . \!)' 4227205 Pages: 15 of 18 08/11/2816 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO .111 nFoli'Iih: kCi4kit! I' Lr 4K(1ti).OIIII WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 48 & WCR 50 h_ ;I,- I :i i.) I? c4 EXHIBIT -A CCNTINLED PARCEL -I [HENCE ALONG SAID NORTH LINE SOUTH 89'28'25" EAST TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 1, A DISTANCE OF 112.26 FEET; THENCE ALONG SAID EAST LINE, SOUTH 00'33'06" EAST, TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 1, A DISTANCE OF 1319.35 FEET; THENCE SOUTH 00'33'13" EAST ALONG THE EAST SECTION LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 1, A DISTANCE OF 2637.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL -1 CONTAINS 8.43 ac. MORE OR LESS. NEW RIGHT—OF—WAY CONTAINS 206,423 sf. OR 4.74 ac. MORE OR LESS. EXISTING RIGHT—OF—WAY CON FANS 3.69 cc. MORE OR LESS TjiHT-OF -yvA ?ARSEL-2 POINT OF SEQNNINC AT THE SOUTHWEST CORNER OF SAID SECTION 6, ANC ASSUMING THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6, BEING MONUMENTED BY A #6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED LS7242 1996 AT THE SOUTH END AND BY A #6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED LS22098 2006 AT THE NORTH END, AS BEARING NORTH 00'33'13" WEST, A DISTANCE OF 2637.65 FEET, WITH ALL BEARINGS CONTAINED HEREON ARE RELATIVE THERETO; THENCE ALONG THE WEST SECTION LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6, NORTH 00'33'13" WEST. TO THE WEST ONE -QUARTER OF SAID SECTION 6, A DISTANCE OF 2637,65 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6, NORTH 88'46'44' EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE EAST A DISTANCE OF 43.72 FEET; THENCE ALONG SAID CURVE 257.60 FEET AND HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 00'56'40" AND A CHORD BEARING OF SOUTH C2'16'26" EAST A DISTANCE OF 257.60 FEET; THENCE SOUTH 02'44'48" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 182.63 FEET; THENCE ALONG SAD CURVE 299.26 FEET AND HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01'05'14" ANC A CHORD BEARING OF SOUTH 02'12'11" EAST A DISTANCE GF 299.25 FEET; THENCE NORTH 88'20'26" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE OF 20.00 FEE RFGHT c)'F W StY ACT)' EY NA t R W -U VIFbb F \RVI[1 4227205 Pages: 16 of 18 08/11/2016 01:04 PM R Fee:$0.00 0 Fee:$0.00 Carly 'Coupes . Clerk and Recorder, Weld County, CO EMI PA: t'r'.irUil PF6Vi IIYrWvFI 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS c I. WCR 49 CORRIDOR PROJECT RFTWEFN WCR 48 R. WCR S0 o. �:kl�_ , _--‘L_ EXHIBIT -A OONTNUED PARCEL -2 THENCE ALONG SAID CURVE 304.82 FEET AND HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 01'06'22" AND A CHORD BEARING OF SOUTH 01'06'23" EAST A DISTANCE OF 304.82 FEET; THENCE SOUTH 00'33'12" EAST A DISTANCE OF 502.52 FEET, THENCE SOUTH 89'26'48" WEST A D'STANCE OF 20.00 FEET; THENCE SOUTH 00'33'12" EAST TO A POIN r OF CURVE TO THE EFT A DISTANCE OF 155.71 FEET; THENCE ALONG SAID CURVE 664.63 FEET AND HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 02'26'11" AND A CHORD BEARING CF SOUTH 01'46'18" EAST A DISTANCE OF 664.58 FEET; THENCE SOUTH 02'59'23" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 44.44 FEET; THENCE ALONG SAID CURVE 126.54 FEET AND HAVING A RADIUS OF 15770.00 FEET. A CENTRAL ANGLE OF 00'27'35" AND A CHORD BEARING OF SOUTH 02'45'36" EAST A DISTANCE OF 126.54 FEET; THENCE SOUTH 46'49'55" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 48 A DISTANCE OF 99.99 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY SOUTH 01'1548" EAST TO A POINT ON THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'44'12" WEST ALONG SAID SECTION LINE, A DISTANCE OF 16352 FEET TO THE PQINT OF BEGINNING. SAID PARCEL -2 CONTAINS 4.66 ac. MORE OR LESS. NEW RIGHT-OF-WAY CONTAINS 93,563 sf. CR 2.15 ac. MORE OR LESS, EXISTING RIGHT—OF—WAY CONTAINS 2.51 Cc. MORE OR LESS THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES. SURVEYOR IN AND FOR WELD COUNTY, COLORADO DANIEL R. HOLMES PLS 38213 4227205 Pages: 17 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0. 00 Carly Koppes, Clerk and Recorder, Weld County. CO P'iirFq W' i',!I'IGih1144tI lI III RIGHT OF WAY ACQITTSIHON DINNER COALVIEW FARM tic WELHO It NIV,[ til. OR VDtl WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 48 Be WCR 50 WROJ°:T "d? SKI' -26 �4 FE. 6-10-I6, 9Y URtI I SHEE of 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 day of ATTEST: C/,��+wA/'6i CLERK TO THE BOARD D-puty Clerk to the Boa STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2016. BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: 0 0 t-t-c.le- Mike Freeman, Chair AUG 0 8 2016 The foregoing instrument was acknowledged before me this trki day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 4.270942-17// 4227205 Pages: 18 of 18 08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO iii M1r114'�3Nr4'l��li�'1,Ar 11)A ILAN4,L NiI'i III III CNIRYL LYNN NOPPMAN NOTARY PUBLIC STATE OP COLORADO N TARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 020/(0, - / 793 Hello