HomeMy WebLinkAbout20162248.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-
WAY, UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO INTERSECTION OF COUNTY ROAD 47 AT STATE
HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
DINNER / L AND I FARMS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right -of -Way, Utility Easement and Temporary Construction Easement for Certain
Improvements to Intersection at County Road 47 at State Highway 392 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 / L and I Farms, 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,
Utility Easement and Temporary Construction Easement for Certain Improvements to Intersection
County Road 47 at State Highway 392 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 / L and I Farms, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
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2016-2248
EO0073
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 47 AT STATE HIGHWAY 392 - DINNER /L AND I
FARMS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
ditifd V ar i s V Rjek i n
Weld County Clerk to.
County Attorney
Date of signature: WO/f(/
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Steve Moreno
2016-2248
EG0073
MEMORANDUM
TO: Clerk to the Board
DATE: July 11, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: DINNER/L&I FARMS, LLC ROW
Agreement — WCR 47/SH 392 Intersection Project
Agreement for the Purchase of Public Right -of -Way, Permanent Easement, and
Temporary Easement for certain improvements to the intersection of WCR 47 and SH
392 with Dinner/L&I Farms, LLC, a Colorado Limited Liability Company.
2016-2248
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, UTILITY
EASEMENT AND TEMPORARY EASEMENT FOR CERTAIN IMPROVEMENTS TO
INTERSECTION OF WELD COUNTY ROAD 47 AT STATE HIGHWAY 392
BETWEEN DINNER/ L & I FARMS, LLC. AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this aliedav of July, 2016, by and DINNER/ L & 1
FARMS, LLC., whose address is 1814 14th 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 1150 'O' Street,
Greeley, Colorado 8063 I hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit A -
Parcel Number RW-3 and Exhibit A- Parcel Number RW-3A (hereinafter referred to as "Public
Road Right -of -Way"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit A -
Parcel Number TE-3 (hereinafter referred to as the `Temporary Construction Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit A -
Parcel Number UE-3 (hereinafter referred to as the "Utility Easement"), and
WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County
Road 47 (hereinafter "WCR 47"), and State Highway 392 (hereinafter "SH 392"), which will involve
the realignment and construction of said roads, (hereinafter referred to as "Intersection Improvement
Project"), and
WHEREAS, County requires the parcels of the Public Road Right -of -Way for the benefit of
County in order to complete a portion of said Intersection Improvement Project, and
WHEREAS, County requires the Utility Easement for the benefit of DCP Midstream
(hereinafter "DCP"), in order to accommodate the relocation of an existing pipeline, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way as
shown and/or described on Exhibit A Parcel Number RW-3 to CDOT and Exhibit
A Parcel RW-3A to the County (copies of which are attached hereto and made a
part hereof by this reference), for the sum of Twelve Thousand Two Hundred
Forty Six and 98/100, ($12,246.98)_ The parties acknowledge and agree that said
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Carly Koppes. Clerk and Recorder. Weld County. CO
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purchase price represents full. fair and valuable consideration
Owner agrees to sell and County agrees to purchase the Utility Easement to relocate
and operate the DCP pipeline as described on Exhibit A Parcel FE -3 (a copy of
which is attached hereto and made a part hereof by this reference), for the sum of
Two Thousand One Hundred Eighty Six and 44/100Dollars (52,186.44). The
parties acknowledge and agree that said purchase price represents full. fair and
valuable consideration
Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement to remove the existing structure and construct necessary improvements as
described on Exhibit A Parcel TE-3 (a copy of which is attached hereto and made a
part hereof by this reference), for the sum of Three Hundred Thirty Nine and
78/(00 Dollars (5339.78) The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration
Ow tier agrees to sell and County agrees to purchase the single family residential home
and associated outbuildings (the "Improvements') that lie within the Temporary
Construction Easement, for the sum of One Hundred and Four Thousand Four
Hundred Sixty Eight Dollars (5104,468.00). The parties acknowledge and agree
that said purchase price represents full, fair and valuable consideration.
Owner warrants that they are the Owner of the Public Road Rights -of -Way,
Temporary Construction Easement and Utility Easement subject to all easements,
leases. restrictions. reservations and rights -of -way of public record and will defend
title thereto against all claims arising by, through or under Owner.
Owner agrees to grant the Public Road Right -of -Way parcels to the County and
CDOT respectively, 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.
Owner agrees to grant the Temporary Construction Easement to County, flee and
clear of all liens and encumbrances, except existing easements, restrictions, leases,
reservations. and rights -of -way of public record.
This Temporary Construction Easement shall commence upon mutual execution of
this Agreement. and shall expire and be of no further force or effect on March I5,
2015, upon the completion of the Road Improvement Project, whichever is earlier
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 A- Parcel Number TE-3 (the "Temporary
Construction Easement Area'') which may interfere with County's full enjoyment of
the rights hereunder; this Temporary Construction Easement includes all rights and
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Carly Koppes. Clerk and Recorder. Weld County CO
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privileges as are necessary or incidental to County's temporary reasonable and proper
use of said easement.
10 The parties specifically agree that no additional documents are required to reflect the
rights granted herein hv Owner to County. and that this Agreement shall serve as
complete evidence of the terms contained herein as to Owner's Grant of the
Temporary Construction Easement
Owner agrees to grant the Utility Easement to DCP by Easement, in the form
attached hereto, free and clear of all liens and encumbrances, except existing
easements. restrictions. leases, reservations and rights -of -way of Public Record.
I?_ the Public Road Rights -of -Way, Utility Easement 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.
13.
Owner shall retain the mineral estate under the Public Road Right -of -Way, Temporary
Construction Easement, the Utility Easement. and shall also retain any water rights
currently attached to or associated with the Public Right -of -Way. and the Utility
Easement.
14. Owner shall deliver the filly executed Special Warranty Deed for the Public Road
Right -of -Way and the fully executed Utility Easement to County at the date of closing
v. hich shall be no later than thirty ( 30) days following the County's execution of this
Agreement
Owner shall pay any encumbrance associated with the Public Road Right -of -Way, the
Utility Easement which is required to be paid, including, but not limited to, a prorated
amount of the property taxes. and any past due property taxes, (and interest and
penalties thereon). on or before the date of closing when Owner delivers the Special
`v1'arranty Deed to County and CDOT and the Easement to County Owner is solely
responsible for the payment of any amounts owed to a third party holding a security
or other ow-nership interest in the Public Road Right -of -Way and Utility Easement
16 Although the date of the transfers of the Public Right -of -Way and Utility Easement
shall be the date of the closing, it is expressly agreed by the parties hereto that upon
execution of this Agreement by County and Owner. County. its contractors. agents,
employees and all others deemed necessary by County shall have the irrevocable right
to possess and use property including the existing dwelling and outbuildings within
the Temporary Easement for the purposes of sampling and testing for asbestos or
other necessary mitigation testing for removal and demolition of the house. The
County shall indemnify and hold harmless Owner, and its successor and assigns, from
any and all claims. damages. causes of action and liability of any nature arising from
County's occupation of the existing dwelling and outbuildings pursuant to this
Section.
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Carly Koppes. Clerk and Recorder. Weld County, CO
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COUNTY'S RIGHTS AND RESPONSIBILITIES:
County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Public Road Right -of -Way, and the Utility 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 Deed.
3_ County shall pay Owner for the Public Road Right -of -Way and the Utility Easement
by County warrant(s) at the date of closing.
During construction of the Road Improvement Project, County shall place
construction fencing around the water well and the North Weld County Water District
meter pit located within the Temporary Construction Easement. County shall be
responsible for any damage to the water well and NWCWD meter pit caused by
County's construction activities related to the Road Improvement Project. Following
completion of the Road Improvement Project, County shall construct permanent
fencing around the NWCWD meter pit in a form mutually agreeable to the Parties and
shall place a steel plate cover over the water well.
Following completion of the Road Improvement Project, County shall restore the
Temporary Construction Easement Area (excluding the residence and outbuildings to
be demolished by County) to a level comparable to its original condition immediately
prior to occupation of the Temporary Construction Easement by the County, which
obligation includes removal of all debris, grading to match the contour of adjacent
farm land, and reseeding the Temporary Construction Easement Area with the seed
mixture identified on the attached Exhibit "B."
County agrees to abandon the existing septic system associated with the
Improvements in compliance with all applicable laws, rules and regulations.
MISCELLANEOUS:
Following the closing, it is expressly agreed by the parties hereto that County, its
contractors, agents, employees and all others deemed necessary by County, shall have
the irrevocable right to possess and use said Public Road Right -of -Way and the Utility
Easement for the purposes of constructing the Road Improvement Project, and for its
daily operation, access and maintenance. These conveyances shall be deemed to
include sufficient land for the construction, operation, access, repair and maintenance
of said project, including the rights of entry upon, passage over, and deposit of
excavated earth, and storage of material and machinery upon such Public Road Right -
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Carly Koppes. Clerk and Recorder, Weld County, CO
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of -Way and Utility Easement as may be useful and necessary
This Agreement and the transfers of the Public Road Right -of -Way. Temporary
Construction Easement and Utility 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.
This Agreement shall not be 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 sec" , 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 employees
It is expressly understood and agreed that the enforcement of the teens 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 tinder this Agreement shall
be an incidental beneficiary only.
7 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
8. This transaction shall be governed by and constructed in accordance with the law s of
the State of Colorado.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Carly Koppes Clerk and Recorder. Weld County. CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: ,pinrlerLL & I Farms, LLC.
By: ✓. '�_ i��i Title:
By: Title:
By: Title:
ATTEST: JCL; 4,4.
Weld Cs my Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Cl
OVED A
APP400.E
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
ike Freeman, Chair JUL 1 8 2016
PROVED TO SUBSTANCE:
Elec ed S' : aI o i eT ment Head
N/k
Director of General Services
P:AATKINSVC129#2VDINNER\Acquisition\Agreetnent for Purchase Final Offer 6-I3-16.doc
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Carly Koppes, Clerk and Recorder. Weld County.. CO
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EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-3
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-3 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 1.574 acres, more or
less, in the West Half of the Southwest Quarter of Section 13, Township 6 North, Range 65
West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
Commencing at the Southwest corner of said Section 13, (whence the South Quarter
corner of Section 13, Township 6 North, Township 65 West, of the 6th Principal Meridian bears
North 89°38'02" East, a distance of 2,610.61 feet); Thence North 88°09'18" East, a distance of
1,305.76 feet to the POINT OF BEGINNING; said point lying on the northerly Right of Way
line of State Highway 392;
1. Thence South 89°39'10" West, a distance of 1235.07 feet;
2. Thence North 64°17'02" West, a distance of 45.20 feet;
3. Thence South 89°28'58" West, a distance of 30.00 feet;
4. Thence North 00°44'02" West, a distance of 100.10 feet;
5. Thence South 89°47'57" East, a distance of 30.00 feet;
6. Thence South 45°33'00" East, a distance of 99.31 feet;
7. Thence North 89°38'02" East, a distance of 1,205.88 feet;
6. Thence South 00°20'31" East, a distance of 50.00 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 68,568 S.F. (1.574 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid
bearing ofN34°43'30" E. from Densification point "B 414" (steclrod encased in a pvc pipe) to
HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global
Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network
(CHARN).
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Carly Koppes, Clerk and Recorder. Weld County. CO
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EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-3A
DATE: MAY 7, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-3A of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.551 acres, more or
less, in the West Half of the Southwest Quarter of Section 13, Township 6 North, Range 65
West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
Commencing at the Southwest corner of said Section 13, (whence the West Quarter
corner of Section 13, Township 6 North, Township 65 West, of the 6't' Principal Meridian bears
North 00°44'02" West, a distance of 2,655.52 feet), Thence North 00°44'02" West, a distance of
154.00 feet to the POINT OF BEGINNING, said point lying on west line of the Southwest
Quarter of said Sectionl3;
1. Thence North 00°44'02" West, a distance of 800.03 feet;
2. Thence North 89°17'13" East, a distance of 30.00 feet;
3. 1'hcnce South 00°44'02" East, a distance of 800.51 feet;
4. Thence North 89°47'57" West, a distance of 30.00 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 24,008 S.F. (0.551 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid
bearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe) to
HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global
Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network
(CHARN).
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes. Clerk and Recorder. Weld County., CO
VIII r11L'MV+MPfili'+, Y!?i F!:7!'?LiMi. k Lk III III
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
es: 9 of 18
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Carly 1hY��F, A'lLiil ,F'� Li /I III
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: TE-3
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. TE-3 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.219 acres, more or
less, in the West Half of the Southwest Quarter of Section 13, Township 6 North, Range 65
West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
Commencing at the Southwest corner of said Section 13, (whence the West Quarter
corner of Section 13, Township 6 North, Township 65 West, of the 6`h Principal Meridian bears
North 00°44'02" West, a distance of 2,655.52 feet); Thence North 07°39'06" East, a distance of
205.71 feet to the POINT OF BEGINNING, said point lying on easterly Right of Way line of
Weld County Road 47;
1. Thence North 89°38'02" East, a distance of 100.00 feet;
2. Thence South 00°44'02" East, a distance of 120.00 feet;
3. Thence South 89°38'02" West, a distance of 30.00 feet;
4. Thence North 45°33'00" West, a distance of 99.31 feet;
5. Thence North 00°44'02" West, a distance of 50.00 feet, more or less, to the POINT OF
BEGINNING.
The above described parcel contains 9,550 S.F. (0.219 acres), more or less.
For the purpose of structure demolition.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid
bearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe) to
HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global
Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network
(CHARN).
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Kcppes, Clerk and Recorder, Weld County, CO
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EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: UE-3
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. UE-3 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.558 acres, more or
less, in the West Half of the Southwest Quarter of Section 13, Township 6 North, Range 65
West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
Commencing at the Southwest corner of said Section 13, (whence the South Quarter
corner of Section 13, Township 6 North, Township 65 West, of the 6lh Principal Meridian bears
North 89°38'02" East, a distance of 2,610.61 feet); Thence North 85°57'55" East, a distance of
1,308.02 feet to the POINT OF BEGINNING;
1. Thence South 89°38'02" West, a distance of 1,205.88 feet;
2. Thence North 45°33'00" West, a distance of 28.38 feet;
3. Thence North 89°38'02" East, a distance of 1,226.01 feet;
6. Thence South 00°20'31" East, a distance of 20.00 feet, more or less to the POINT OF
BEGINNING.
The above described utility easement contains 24,323 S.F. (0.558) acres, more or less.
For the purpose of construction and maintenance of a gas line.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a w -id
hearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe) to
HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global
Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network
(CHARN).
For and on behalf of the
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes. Clerk and Recorder. Weld County, CO
VIII M1FJP:r1 +i ikir fitl.TErilidgillil, Y. W'!i+IL 1111111
EXHIBIT B
SEED MIX
Native grass seed mix will contain low growing or slow growing, cool and warm season grass seed
mix appropriate for the Colorado Region. Riparian seed mix will contain the native grass seed mix.
Noxious weeds and revegetation species that attract wildlife to the Project will not be used. The
proposed native seed mix and riparian seed mix will be included in the Landscape Plan. Slopes in
detention facilities will be planted with a grass mix that has been approved by Weld County.
IfifOnnds
PLSlllch e .
Western wheatgrass (Arriba, Barton, Rosana)
2.50
Blue Grama (Hachital. Lovington)
1.50
Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell)
2.25
Smooth Brome (Lincoln. Manchar)
2.00
Sand dropseed
0.25
Perennial Ryegrass (Calibra or Garibaldi tetraploid)
0.75
Slender Wheatgrass (Pryor, Revenue, or San Luis)
2.50
Alkaligrass (Fults II, Salt on Sea)
1.25
Switchgrass (Nebraska 28, Blackwell)
1.50
TOTAL
14.00
Sterile Wheat will be added to the Seed Mixtures as a nurse crop at 15 pls per acre.
Seeding rates shall be doubled when placed by Hydraulic Seeding. Native grass seeding shall be done
using a Native Grass Drill. The sterile wheat shall be done using a Grain Drill.
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Carly Koppes. Clerk and Recorder, Weld County, CO
VIII Mi�11L14,�i��i��� f'��IMrl'u�i 44Yi�lPl'�4�iJt� Y4,AI II I
PIPELINE EASEMENT
Dinner/ L & 1 Farms, LLC., collectively herein referred to as "Grantor," for and in consideration
of the sum of Ten and More Dollars ($10.00+) the receipt of which is hereby acknowledged for
the pipeline to be constructed under the terms hereof does hereby grant, convey and assign unto
DCP Midstream, LP, a Delaware limited partnership, whose local address is 3026 4th Avenue,
Greeley, CO 80631,hereinafter referred to as Grantee, and to its successors and assigns, the right,
privilege and easement to construct, maintain and operate a pipeline and appurtenances thereto.
through the following described lands situate in the County of Weld, State of Colorado, to -wit.
said pipeline easement being more particularly described on EXHIBIT "A" attached hereto and
made a part hereof
And as further consideration and as conditions for the execution of the within grant, the
parties agree that the following terms and conditions shall apply:
(1) WIDTH OF EASEMENT. The permanent easement herein granted shall be
twenty (20) feet in width as described in EXHIBIT "A" attached hereto and incorporated herein
by reference. Following construction of the Pipeline, Grantee will provide Grantor with an "As -
Built" drawing of the Pipeline showing the exact location of the Pipeline.
(2) NATURE OF EASEMENT. The easement granted shall be for the sole and
restricted purpose of constructing, installing, operating, inspecting, repairing, removing,
maintaining one 3 -inch pipeline (the "Pipeline"), and appurtenances (the "Appurtenances")_ and
in the event the Pipeline or Appurtenances are damaged or in a deteriorated state of repair,
replacing the same, in whole or in part. The top of the Pipeline and all other facilities shall be at
least four (4) feet below the surface. Except as specifically agreed in writing signed by Grantor
and for additional consideration, no equipment or other facilities other than the Receiver and
Valve will be above the ground surface.
(3) RESERVED RIGHTS. Grantor retains the fee ownership of the easement property
and reserves all rights to use and enjoy the same for any present or future purpose, provided that
Grantor shall not construct or locate any building on the permanent easement which would
materially interfere with the Grantee's exercise of the rights herein conveyed and the safe
operation of its Pipeline. Grantor may, however, place concrete ditches, culverts, irrigation
facilities and roads on such easements provided that doing so does not materially impair
Grantee's ability to exercise the rights herein granted. It is expressly understood and agreed that
no operations of Grantee shall unreasonably interfere with the reasonable operations of Grantor_
Nothing herein shall prevent Grantor from fencing off portions of the Property, provided Grantee
has reasonable access to the Easement. This Agreement does not constitute a conveyance of any
of the oil, gas or other minerals underlying the lands covered by this Agreement; provided,
however, Grantor shall not be permitted to drill or operate equipment for the production or
development of oil, gas, or other minerals on the Easement, but it will be permitted to extract oil,
gas, or other minerals from and under the Easement by directional drilling and other means, so
long as such activities do not materially damage, destroy, injure, or interfere with Grantee's
intended use of the Easement.
(4) DAMAGES. In addition to the payment for the right-of-way, Grantee shall pay
for any and all damages related to the growing of crops, grasses, trees, fences, irrigation systems,
concrete ditches, buildings, livestock and any and all other property of Grantor caused by the
construction, installation, repair, maintenance, operation, replacement or removal of Grantee's
facilities. Grantee shall properly and adequately without any unreasonable delay also restore the
surface and subsurface to its original contour as nearly as practicable and will replace or rebuild
all damaged parts of all drainage systems, irrigation systems or other property of Grantor, all to
the reasonable satisfaction of Grantor.
In the event that, subsequent to the completion of the initial construction, Grantee comes
upon the property of Grantor and moves, changes, damages or otherwise affects the soil, growing
crops, or other property of Grantor, Grantee shall pay all damages caused thereby.
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(5) GRANTEE OBLIGATIONS. All activities by Grantee or its agents shall be
accomplished in a suitable and workmanlike manner. Specifically, Grantee agrees:
(a) Grantee agrees to reclaim the same as soon as possible and continually
monitor and restore grasses in damaged areas as reasonably necessary.
(b) All settlement shall be promptly restored. In the event of settlement of the
soil over the Pipeline ditch within a period of two years following
complete construction of the Pipeline, Grantee shall, upon Grantor's
written request, add additional clean top soil to bring such settlement areas
up to the grade of the adjoining land.
(c) Grantee agrees not to cut any existing fences without permission from
Grantor.
(d) Grantee shall, as nearly as reasonably practicable, restore to original
elevation and cause re -vegetation work to be performed on any ditch or
stream banks damaged by the construction, installation, maintenance,
operation, repair, inspection, replacement or removal of the Pipeline
under, across, and through the Easement.
(e) Upon completion of construction, Grantee agrees to make all reasonable
efforts within sixty (60) days of completion of the initial construction,
installation, or any subsequent maintenance, repair, replacement, removal
or remediation of the Pipeline, to remove surface stones that may be
brought to the surface during activities by Grantee within the Easement
which are two and one-half (2 ! = ) inches in diameter or larger.
(f) Grantee shall install temporary erosion controls immediately after each
initial disturbance of the soil and maintain such controls throughout
Pipeline and related activities.
(6) INDEMNIFICATION. Grantee, its successors and assigns shall defend, indemnify
and hold harmless Grantor, its successors and assigns against any and all claims, liability, loss,
and expense (including, without limitation, reasonable attorney's fees and costs) arising out of
Grantee's exercise of the rights herein granted. Grantee releases all claims against Grantor for
damages to the Pipeline and its appurtenances that are now or hereafter placed or built on the
Property, and for injuries to persons or property in or about Grantor's property, from any cause
arising at any time, except for claims or damage arising from the gross negligence of Grantor.
(7) INSURANCE. Grantee shall, during the entire term of this Right -of -Way Grant,
keep in full force and effect, solely at Grantee's cost and expense, insurance standard to the
pipeline industry, including all of the following minimum insurance coverages:
(a) A policy of commercial general liability insurance in the amount of
$3,000,000 per occurrence for protection against liability claims for bodily
injury and property damage arising out of premises, operations, products
and completed operations, including sudden and accidental pollution. The
policy shall name Grantor as an additional insured. Limits of insurance
may be met by commercial general liability insurance, excess/umbrella
liability insurance or any combination thereof
(b) Statutory worker's compensation insurance and employer's liability
insurance.
(c) Commercial Automobile liability insurance covering owned, non -owned
or hired vehicles affording minimum coverage of One Million and no/I00
Dollars ($1,000,000.00) combined single limit bodily injury or death and
loss of or damage to property.
1
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Carly Koppes, Clerk and Recorder. Weld County.. CO
IIII Ni111L'J',7ci1INVIN.rJI:,Ft'r Ku iNfit kiNiLit ,ii II III
Any of the above coverages may be satisfied by purchasing commercial insurance or
through self-insurance. A certificate of insurance or letter of self-insurance shall be provided to
the Grantor evidencing the coverages described herein above from the effective date of this right
of way and easement agreement with said requirement of continual updating of such insurance
coverage to be required and maintained during the time frame of this right of way and easement
agreement.
(8) ABANDONMENT. In the event the Pipeline herein provided for shall be
abandoned or inactive for a period of twelve (12) consecutive months, this easement shall
become null and void. (Provided that abandonment or nonuse is not the direct result of war, Acts
of God, rules or regulations promulgated by any governmental body, federal or state, having
jurisdiction thereof) Upon Pipeline abandonment, Grantee shall have a period of an additional
twelve (12) months in which, at Grantor's discretion, to remove the Pipeline, or render the
Pipeline environmentally safe and fit for abandonment in place. All abandonment mitigation
shall be performed in compliance with applicable federal, state, and local laws and regulations,
and Grantee shall comply with the construction requirements set forth in Section 5 of this
Agreement, after which time, the easement shall revert to the then owners of the land and the
Parties shall record a document evidencing the termination of easement with the Weld County
Clerk and Recorder_
(9) ASSIGNMENT. The rights of the Grantee may be assigned in whole or in part and
Grantee shall give Grantor herein written notice thereof within ten (10) days of execution of said
transfer provided that such assignment shall not relieve Grantee of obligations hereunder_
(10) OTHER OBLIGATIONS. Grantee shall abide by and only use the pipeline,
easement and right of way in accordance with all applicable federal, state and local laws, rules,
ordinances and regulations including but not limited to "Environmental Laws" , which shall
include any federal, state or local statutory law, rule , or regulation pertaining to protection of the
environment, or environmental pollution by Hazardous Substances (as hereinafter defined),
including, without limitation, the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 ("CERCLA"), as codified at 42 U.S.C. §9601 et seq.; and the Resource
Conservation and Recovery Act of 1976, as amended, as codified at 42 U.S.C. §6901 et seq., the
Hazardous Materials Transportation Act, as amended, 42 U.S.C. §§ 6901, et seq.; or the Federal
Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq. This easement contains the
entire agreement of the parties as it relates to the Pipeline right-of-way. No other modifications
or amendments here shall be in force or effect unless the same be in writing signed by the
Grantor and by a duly authorized officer for the Grantee.
(1 I) SCHEDULING OF ACTIVITIES. Unless prevented by an emergency or other
exigency that prevents it, all operations of Grantee hereunder shall be accomplished only after
reasonable notice to Grantor.
(12) COUNTERPARTS. This easement agreement may be executed in multiple
counterparts, each of which shall be deemed an original signature, and which collectively shall
form one agreement.
(13) APPLICABLE LAW. This Agreement is to be construed in accordance with the
laws of the State of Colorado, without giving effect to any choice of law principles that impose
or attempt to impose the law(s) of another jurisdiction.
(14) NO WARRANTY. Grantor makes no representation or warranty with respect to its
title to the Easement, and the Easement is granted to Grantee in its as -is condition, subject to all
prior easements, rights -of -way, reservations, covenants and agreements affecting the Easement.
Grantee will be solely responsible for obtaining such title insurance policies and other
instruments and documents as may be necessary or required to satisfy Grantee regarding the
rights afforded to Grantee pursuant to the provisions of this Agreement.
(15) NOTICES. All notices or communications, including changes of address of either
party, which either party may desire or be required to give to the other shall be deemed
sufficiently given or rendered if in writing and either delivered to the other party personally, sent
3
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by registered or certified mail, return receipt requested, sent by national air courier service,
addressed to either party at the Notice Address shown below. The time of rendition thereof or the
giving of such notice or communication shall be deemed to be the time when the same is
personally delivered to the other party, within five (5) days from deposit in the mail, or when
delivered to the other party by a national air courier service as herein provided:
Grantors:
Grantee: DCP Midstream, LP
Attn: Lewis D. Hagenlock
3026 4th Avenue
Greeley, Colorado 80631
970-378-6351
The within easement shall be binding upon the parties hereto and shall obligate their
heirs, successors and assigns.
the remainder of this page left intentionally Hank.
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Carly Koppes: Clerk and Recorder. Weld County. CO
II III
4
Dated this day of , 2016.
GRANTOR. DINNER/ L & I FARMS, LLC.
By
As
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss.
COUNTY OF WELD
Acknowledged before me this
My commission expires:
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Carly Koppes, Clerk and Recorder, Weld County CO
II III
day of , 2016, by
i
Notary Public
GRANTEE:
DCP MIDSTREAM, LP, a Delaware limited partnership
By:
Title:
STATE OF
ss.
COUNTY OF
Acknowledged before me this day of , 2016, by
as Attorney -in -Fact for DCP Midstream, LP, a Delaware limited
partnership
Witness my hand and official seal:
Notary Public
My commission expires:
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Carly Koppes. Clerk and Recorder. Weld County. CO
VW 11 III
MEMORANDUM
TO: Clerk to the Board DATE: September 16, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: WCR 47 and STATE HIGHWAY 392 PROJECT GR-16
Acceptance of Special Warranty Deed for Right of Way for Weld County Road 47 with Dinner/L&I
Farms, LLC.
Agreement for Purchase of Public Road Right of Way, Utility Easement and Temporary Easement
for Certain Improvements to Intersection of Weld County Road 47 at State Highway 392 Between
Dinner/L&I Farms, LLC and Weld County approved July 18, 2016; docket number 2016-2248.
�- (A) (1<f/ � i) O2a/fr. cgCOP
"'4O i619141
MATiff e PROJECT \CR 47 AND 392 INTERSECTION \RW3 DINNER\Agenda Memo .lanuary 2017.doc
@3-
14-11
SPECIAL WARRANTY DEED
THIS DEED, made effective this di Stay of June, 2016, between DINNER/L&I FARMS,
LLC, a Colorado limited liability company, Grantor, 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, CO 80631, Grantee,
WITNESSETH, That Grantors, for and in consideration of the sum of Twelve Thousand
Two Hundred Forty -Six and 98/100 Dollars ($12,246.98), 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
IHIClNhk 111Ii A RIME "Ill
DINNER/L & I Farms, LLC, a Colorado Limited Liability Company:
By:
Date: ,1 ur1-0 oC
Title:
-
�v'
State of Co:iM-ad° )
)ss.
County of 021 d )
I, _ Sandra L El ec-`t& , a Notary Public in and for said County and State
certify that K} (bpi -t. f 1 n net' , personally came before me this day and being by me
duly sworn, acknowledged that he/she is the In1 rasher /Y 4e1 of Dinner/L & I
Farms, 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
Mani her (YIa,n2 or , and is duly authorized and able to execute the afore signed
document for said compan'
SANDRA L. EVERITT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054039451
' MY COMMISSION EXPIRES 08-21-2019
My commission expires: S'/?//doj
2
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Carly Koppes, Clerk and Recorder, Weld County, CO
Witness my hand and official seal.
o(
Notary Public
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3
STA. 127+18.15 Rt. to STA. 140--23.69 Lt. (SH 392 Align.)
FROM
Danner/L&I Farm, LLC
Reception No. 3895485 12-12-2012
1814 14th Avenue
Greeley, CO 80631
FOR
Project Code: 19891
Project Number: STM C030-056
Location: Weld County Road 47 at State Highway 392
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Carly
II INr�N Clerk rllti�Recorder, � Weld
�14�'1,hBANCO
Y Ill II
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-3
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-3 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 1.574 acres, more or
less, in the West Half of the Southwest Quarter of Section 13, Township 6 North, Range 65
West, of the 6`h Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
Commencing at the Southwest corner of said Section 13, (whence the South Quarter
corner of Section 13, Township 6 North, Township 65 West, of the 6`h Principal Meridian bears
North 89°38'02" East, a distance of 2,610.61 feet); Thence North 88°09'18" East, a distance of
1,305.76 feet to the POINT OF BEGINNING; said point lying on the northerly Right of Way
line of State Highway 392;
1. Thence South 89°39'10" West, a distance of 1235.07 feet;
2. Thence North 64°17'02" West, a distance of 45.20 feet;
3. Thence South 89°28'58" West, a distance of 30.00 feet;
4. Thence North 00°44'02" West, a distance of 100.10 feet;
5. Thence South 89°47'57" East, a distance of 30.00 feet;
6. Thence South 45°33'00" East, a distance of 99.31 feet;
7. Thence North 89°38'02" East, a distance of 1,205.88 feet;
6. Thence South 00°20'31" East, a distance of 50.00 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 68,568 S.F. (1.574 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid
bearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe) to
HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global
Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network
(CHARN).
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Carly Kopp7 '10:54 rk and Rcorder 17 1rC.'ty �CI� III III
�IKoPPes Clerk
klf�f I1I County, CO CO
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3A
STA. 528+05.40 Rt. to STA. 536+05.44 Rt. (WCR 47 Align.)
FROM
Dinner/L&1 Farm, LLC
Reception No, 3895485 12 -2 -?01?
1814 14th Avenue
Greeley, CO 80631
FOR
Project Code: 19891
Project Number: SUM C030-056
Location: Weld County Road 47 at State Highway 392
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III! I r rIILl k irJ,�I4Recorder,
: f 4h�le I Weld
ti �t� CO
j� �I III
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-3A
DA'L'E: MAY 7, 2015
LEGAL DESCRIPTION
A tract or parcel of sand No. RW-3A of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.551 acres, more or
less, in the West Half of the Southwest Quarter of Section 13, Township 6 North, Range 65
West, of the 6`h Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
Commencing at the Southwest corner of said Section 13, (whence the West Quarter
corner of Section 13, Township 6 North, Township 65 West, of the 6`f' Principal Meridian bears
North 00.44'02" West, a distance of 2,655.52 feet), Thence North 00°44'02" West, a distance of
154.00 feet to the POINT OF BEGINNING, said point lying on west line of the Southwest
Quarter of said Section13;
1. Thence North 00°44'02" West, a distance of 800.03 feet;
2. Thence North 89°17'13" East, a distance of 30.00 feet;
3. Thence South 00°44'02" East, a distance of 800.51 feet;
4. -thence North 89°47'57" West, a distance of 30.00 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 24,008 S.F. (0.551 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid
bearing of N34°43'30" E. from Densification point "R 414" (sieelrod encased in a pvc pipe) to
IIARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global
Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network
(CI-IARN).
For and on behal t o f
.'\tkins North America, Inc.
Eric Christianson, PI.S 37077
(702)263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Car Carly K2PPes,1CCle k an0:54 d Rec rrd0er,,Weld D County, CO .00 D 0
1111 KAY!wIIWQI ti� 4�4:F���I+�+�I�YI ,Rfi�l�hi��W ► II 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 deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
4
Dated this day o , 2017.
ATTEST: d ,01) v• •1dLO;11
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
BY:
eputy Cle to t e Boar
STATE OF COLORADO )
)ss
COUNTY OF WELD )
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
Julie . Cozad, Chair
BOARD OF COUNT JAN 1 6 2017
COMMISSIONER
OF THE COUNTY OF WELD
The foregoing instrument was acknowledged before me this /' day of
, 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS
THE COU TY OF WELD.
Witness my hand and official seal.
My commission expires:
CHLOE ALEXANDRA REMPEL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164024038
MY COMMISSION EXPIRES JUNE 23,2020
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 r!I1lEii 'MLAIVIr tilt IMO I 11111
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