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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. cc Pv(€, czj T 3 / FG) 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 4221107 Pages: 1 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO lIII M!�111ti�d+ +1 r4'i�� J'I+rh+��' Gii:l�?k Nl�4�ll' Iyi UI II to/6 —0702 `Z 0 I'auc 2 or 6 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 4221107 Pages: 2 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO Dui IF.AXU#1,IfTrai'l I itir ifFAItriti W44,11111 �d 1�C,mJcmnulion ;Aercrmcnt lni I'urcha,c lino] OIlcr - binal duo Page 3 or 6 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. 4221107 Pages: 3 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO firjP'O6'tta II.(lil/Ill III and 17 Condemnation [A_rccrunl fir Purdloce I howl Ullrr - E iial doc Patti:4016 016 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 - 4221107 Pages: 4 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■iii rali'tir�Ivrfui +rrrrl+a t141110rk'!Rw•:. illy), Milli d 47 Condemnation Agreement For Purchase I innl Oiler - rival Joe P:,_e 5 „r r 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] 4221107 Pages: 5 of 18 07/21/2015 01'.15 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO VIII MIrontiP,ILGT11'f'IYiklChl,{I6'0t4f:J.‘PlIyh II III \ WI'I )( )CS ( I. II[NISI Miner Idrink l noel\ Rood .F C ondemnulion luicement it Purchase Enid Older- Final doc Page 5 of 5 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 4221107 Pages: 6 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County.. CO ■IIIM��1llih'r�ill�:+��Id'K:u��y,1�f��f+�lUk'r.kii+Y4 ■I III ola/4 9202 `t0 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). 4221107 Pages: 7 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO Illy iie Vii,v1K; 1,0i iii "Ill 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 4221107 Pages: 8 of 18 07/21/2016 01:15 PM R Fee:$0.00 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 07/21/ 016 01:115gPMlerk d R Fee:$0.00 County, CO 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 4221107 Pages: 10 of 18 07/21/2016 01:15 P11 R Fee:$0.00 Carly Kcppes, Clerk and Recorder, Weld County, CO �IIIh4�1Nn4�;�ti��a�c�u+� w 111 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 4221107 Pages: 11 of 18 07/21/2016 01:15 PM R Fee:$0.00 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. 4221107 Pages: 12 of 18 07/21/2016 01:15 PM R Fee:$0.00 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. 4221107 Pages: 13 of 18 07/21/2016 01:15 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County. CO VIII Id 1r11'«Ili 111111 (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 4221107 Pages: 14 of 18 07/21/2016 01:15 PM R Fee:$0.00 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 0221107 es: 15 of 18 7/21/2016 � 01:15Recorder. PM RFe:$0.00d County. Co Carly 1111 ikI"W'IWILFi4K:Wilkir.14:1.Ettti,IIIII 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. 4221107 Pages: 16 of 18 07/21/2016 01:15 PM R Fee:$0.00 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: 4221107 Pages: 17 of 18 07/21/2016 01:15 PM R Fee:$0.00 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: 4221107 Pages: 18 of 18 07/21/2016 01:15 PM R Fee:$0.00 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. 4271025 Pages: 1 of 8 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 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 4271025 Pages: 2 of 8 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 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 4271025 Pages: 3 of 8 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 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). 4271023 Pages: 4 of 0 00 D Fee:$0.00 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 4271025 Pages: 5 of 8 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 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 4271025 Pages: 6 of 8 01/19/2017 10:54 AM Carly , Clerk R Fee:$0.00 D Fee: 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 4271025 Pages: 7 of 8 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 4271025 Pages: 8 of 8 01/19/2017 10:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 r!I1lEii 'MLAIVIr tilt IMO I 11111 aoi�-aaVe' Hello