The URL can be used to link to this page

Browse Search

Home My WebLink About20153772.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - PIONEER COMMUNITIES HOLDINGS, 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 was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Pioneer Communities Holdings, LLC, 9033 E. Easter Place, Suite 112, Centennial, Colorado 80112, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Pioneer Communities Holdings, 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. 2015-3772 CCU-�!a 1� EG0072 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49- PIONEER COMMUNITIES HOLDINGS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C ORADO ATTEST: ddrAeti �I: jelezAk Qarbara Kirkmeye , Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy CI k to the Boa Sean P. Conway APP D AS 4•7-fir."!.. ' z,iO Ju ie A. Cozad o Attrey Z'S' ' . ..O EXCUSED -Ateve Moreno tt1/42 Date of signature: ._ ��- 2015-3772 EG0072 MEMORANDUM r -- , TO: Clerk to the Board DATE: November 24, mac ©�...� YAK FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement,and Temporary Construction Easement for certain improvements to WCR 49 with Pioneer Communities Holdings LLC. RECEIVED N0V 2 5 205 WELD COUNTY COMMISSIONERS M Frantic\AGENDA manosUge ds-Lam-l.doc 2015-3772 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN PIONEER COMMUNITIES HOLDINGS LLC,A COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this / day of 015, by and between PIONEER COMMUNITIES HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY, whose address is 9033 E. Easter Place, Suite 112, Centennial, CO 80112, 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 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B" and Exhibit"C" (hereinafter referred to as the ("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "D" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Permanent Easement, in order to accommodate the relocation of existing permanent facilities, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE,the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Four 4164544 Pages: 1 of 17 it 0377 12/10/2015 12:38 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII II Thousand Eight Hundred Ninety Six Dollars, ($4,896.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" and "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand Five Hundred Eighty Dollars, ($3,580.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit "D" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Seven Hundred Thirty Two Dollars, ($732.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. If this agreement is executed and returned to our office on or before November 3, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Permanent Easement and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owner agrees to grant the Permanent Easement, in the forms attached hereto as Exhibit "E" and Exhibit "F", free and clear of all liens and encumbrances, except existing easements. 8. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 9. The Temporary Construction Easement shall commence on the day of closing and m shall expire and be of no further force or effect on January 1, 2019, or upon the � completion of the Intersection Improvement Project, whichever is earlier. 01-0 oWL- ■ N m` 10. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures ma - on the property described in Exhibit "D" which may interfere with County's full d m m M enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. ✓G"Fam7• No nil r'aN m M:\Leon\WCR 49 corridor\CR 22-24(RW 14-15)\pioneer\Pioneer Agreement to Purchase ROW 10-30-15 corrected 11-20- 15.docx 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way, Permanent Easement and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way, Permanent Easements and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Eleven Thousand Nine Hundred Seventy One Dollars ($11,971.00) to the Owner for the Public Road Right-of-Way, the Permanent G Easement, and the Temporary Construction Easement by County warrant(s) at the � date of closing if agreement is signed and returned on or before November 3, "...0 2015. If the agreement is not signed and returned on or before November 3, 2015, the County shall maintain its current offer of Fair Market Value of Nine Thousand -- � Two Hundred and Eight Dollars ($9,208.00) for the Public Road Right-of-Way, 3 the Permanent Easement, and the Temporary Construction Easement by County a " warrant(s) at the date of closing. 7:0 (,,, a °, 4. County, as a condition of the granting of Temporary Construction Easement e 7 m covenants and agrees to restore the property described in Exhibit"D"to a level Q m comparable to its original condition. 5 Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside M g boundary of the temporary construction easement / permanent easement. At the M:\Leon\WCR 49 corridor\CR 22-24(RW 14-15)\pioneer\Pioneer Agreement to Purchase ROW 10-30-15 corrected 11-20- 15.docx conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent Easement and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4164544 Pages: 4 of 17 12/10/2015 12:38 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell Nrj illy1 "Ill M:\Leon\WCR 49 corridor\CR 22-24(RW 14-15)\pioneer\Pioneer Agreement to Purchase ROW 10-30-15 corrected 11-20- 15.docx IN WITNESS WHEREOF, the parties have set their hands on the day and year written below. OWNER: PIONEER COMMUNITIES HOLDINGS LLC, A COLORADO LIMITED LIABILIT COMPANY By: Title: m Gal G o f Date: A/0 0 U,e-vir?A-Z‘?A I ATTEST: dj„ J `J' 'tli BOARD OF COUNTY COMMISSIONERS Weld .unty Clerk to the Board WELD COUNTY C LORADO BY . �� • .�t1�i/...� / eputy r t. e BJ�3� '*�� arbara Kirkmeye , Chair S lido EC 0 7 2015 APPROVED AS TO F _► �:�, �`"--' ,4�•, 'PROVED A '• U TANCE: Controller rtl. '\ # El ed cial or Department Head APPROVED AS TO FORM: — 141A— // Director of General Services Count Atto�rnb t"'°"� -1-. Z:\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(15)Pioneer\Pioneer Agreement to Purchase ROW 10-30-15.docx 4164544 Pages: 5 of 17 12/10/2015 12:38 PM R Fee.$0.00 $0.00 OZ 317 42-J Carly Koppes, Clerk and Recorder, Weld County, CO �IIII��IRJ.'41��il�l�'�G 'IM�iI '��+L14fi�lY:�LI��+�lih iIIII EXHIBIT-A 15-PIONEER COMMUNITIES HOLDINGS—ROW PROPERTY DESCRIPTION A parcel of land being part of the Northwest Quarter (NW1/4) of Section Seven (7), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 7 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 7, being monumentolized by a #6 rebar with a 3 34" diameter aluminum cap stamped `LS23520, 2002" at the South end and by a #6 rebar with a 3 34" diameter aluminum cop stomped `LS13155, 1999" at the North end, as bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.66 feet, with all other bearings contained herein relative thereto: THENCE North 88'40'32" East along the South line of the Northwest Quarter of said Section 7 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 7, said point being the POINT OF BEGINNING; THENCE North 00'30'30" West along said East Right—of—way line a distance of 2612.73 feet to the North line of the Northwest Quarter (NW1/4) of said Section 7; THENCE North 88'34'36" East along the North line of the Northwest Quarter (NW1/4) of said Section 7 a distance of 60.44 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which Is concave to the East a distance of 570.75 feet to a Point of Tangency (PT), said point being Fifty (50) feet, as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15,610.00 feet, a central angle of 02'05'42" and a long chord bearing South 00'32'20' West a distance of 570.72 feet; THENCE South 00'30'30" East along a line being Fifty (50) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 157.36 feet; THENCE South 89'29'30" West a distance of 20.00 feet to a point being Thirty (30) feet, as measured at a right angle, East of said East Right—of—way line; THENCE South 00'30'30" East along a line being Thirty (30) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 1300.00 feet; THENCE North 89'29'30" East a distance of 20.00 feet to a point being Fifty (50) feet, as measured at a right angle, East of said East Right—of—way line; THENCE South 00'30'30" East along a line being Fifty (50) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 585.00 feet to the South Tine of the Northwest Quarter of said Section 7; THENCE South 88'40'32" West along the South line of the Northwest Quarter of said Section 7 a distance of 50.01 feet to the POINT OF BEGINNING. Said parcel of land contains 106,622 sq. ft. or 2.448 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO, 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the Northwest Quarter (NW1/4) of said Section 7. Said existing Right—of—way contains 104,508 sq. ft. or 2.399 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. a /C in 38106o vs i To` ' ' •moo/ 4164544 Pages: 6 of 17 �l�°�� 12/10/2015 12:38 PM R Fee:$0.00 'fLS>„ ..� .• e'i Carly Koppes, Clerk and Recorder, Weld County, CO �`�. 1 ;� ��1��1�:ti�'�I I�QI 1.1 ■I.�I �I.� � '�K 11111 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A. WELD COUNTY DEPARTMENT ACQUISITION �1 �# OF PUBLIC WORKS RW-15 \� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 PIONEER COMMUNITIES WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Garden Dri,e I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 I email:mfo@KtngSurveyors.com DATE: 3-13-15 DRAWN BY: CDL SHEET: 1 of 2 • EXHIBIT-A LINE TABLE LINE BEARING LENGTH 1.2 - L1 N88'40'32"E 40.00' - __- "__=_' _ I - __r _- - L2 N88'34'36"E 60.44' NW CORNER -. L3 S00'30'30"E 157.36' S7-T2N-R64W 40'PIPELINE EASEMENT FND #6 REBAR WITH I _ _ TO SWANSON&MORRIS LLC L4 S89'29'30"W 20.00' STAMPED LS 31155 1999 (REC. Na 2443539) IN MON. BOX L5 189'29'30"E 20.00' F.3150'ELECTRIC EASEMENT TO PUBLIC SERVICE L6 S88'40'32"W 50.01' I —MANY OF COLORADO O (BOOK 1639 PAGE 427) Z a -M.i 191.6'COMMUNICATION EASEMENT CO 10 PUBLIC SERVICE I COMPANY OFCOLORADO O L4 (REG Na 2745475) CURVE TABLE N . m • CURVE LENGTH RADIUS DELTA CHORD CH BEARING ..i ii\_. ADDITIONAL RIGHT-OF-WAY Cl10 570.75' 15610.00' 2'05'42" 570.72' S00'32'20"W 106.622x1.± OR 2.448oc t N O Z5 ' O N o PIONEER ALVIN&DONNA ( rnCOMMUNITIES DECHANT O , M W HOLDINGS LLC NOM NE 1/4 M M PARC.#130507200006 According to Colorado low you S12-T2N-R65W O must commence any legal action z -,0, RECP.#3514956 based upon any defect in this I survey within three years after you l first discover such defect. In no L I 40' EXISTING RIGHT—OF—WAY event may any action based upon T (BOOK 1046 PAGE 4) any defect in this survey be I f commenced more than ten years from the dote of the certification I r) t 1.5 shown hereon. (13-80-105 C.R.S. I ,4 2012) N NW 1/4 c S7-T2N-R64W IIE NOTE: This exhibit drawing is not 3 i 0 a intended to be a monumentolizedO land survey. It's sole purpose is S7/T2N CORNER 6 I in co — as a graphic representation to FND #6 REBAR WITH O o aid In the visualization of the 3.25" ALUMINUM CAP I •M W written property description which STAMPED LS 23520 2002 p ' `O 40'P/PELINE EASEMENT It accompanies. The written IN BON. BOX Z M SWANRE MORRIS LLC property description supersedes POINT OF i (REC. O ( N0. 2443539) the exhibit drawing. COMMENCEMENT I M o13 4 U � ,,y m3 F GREANLEAF ACRES,LLC L1 L6 Y POINT OF 0 0 v • BEGINNING IZceTA WELD COUNTY DEPARTMENT oefit- �� RIGHTACQUISITION T ONF Y 1;�� W OF PUBLICWORKS d-v iiaw Rw-Ls \ CR CORRIDOR PROJECT a„i BETWEEN WCR(s)22&24 a. PIONEER COMMUNITIES G.a� WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=400' � N O 650 E.Carden Drive I Windsor,Colorado 80551) N Y WELD COUNTY,COLORADO phone:(970)686-5°I1I email into KingSurveyorscom DATE: 3-13-15 DRAWN BY: CDL SHEET: 2 of 2 ~NN EXHIBIT-B NW 1/4 S7-T2N-R64W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3514956 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 7, DESCRIBED AS SHOWN, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 7, ALSO DESCRIBED AS SHOWN, BEARS NORTH 00'30'30" WEST A DISTANCE OF 2612.66 FEET; THENCE NORTH 88'40'32" EAST ALONG THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 A DISTANCE OF 90.01 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'30'30" WEST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 585.00 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'30'30" WEST A DISTANCE OF 1300.00 FEET; THENCE NORTH 8929'30" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'30'30" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 157.36 FEET; THENCE ALONG SAID CURVE 570.75 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02'05'42" AND A CHORD BEARING OF NORTH 00'32'20" EAST A DISTANCE OF 570.72 FEET; THENCE ALONG SAID NORTHERLY LINE NORTH 88'34'36" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE OF 20.03 FEET; THENCE ALONG SAID CURVE 571.07 FEET DEPARTING SAID NORTHERLY LINE HAVING A RADIUS OF 15590.00 FEET, A CENTRAL ANGLE OF 02'05'54" AND A CHORD BEARING OF SOUTH 00'32'27" WEST A DISTANCE OF 571.04 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 177.36 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 1260.00 FEET; THENCE NORTH 89'29'30" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'30'30" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 604.72 FEET; THENCE SOUTH 88'40'32" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 53,062.59 sf. OR 1.22 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4164544 Pages: 8 of 17 12/10/2015 12:38 PM R Fee:$0.00 LEON W. SIEVERS Carly �IKoppes,LL Clerk µand y'Recorder, Weld County, CO,`W PLS 23520 Ihl' ilitRiYI�'Y�I�ii��IWAI11rii VI Vt(lII� i*i' 11111 20' PERMANENT EASEMENT WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION PE-15 Y' , WCR 49 CORRIDOR PROJECT PIONEER COMMUNITIES �� 'r -_ ,I BETWEEN WCR 22&24 HOLDINGS LLC = PROJECT NO: SRP-26 SCALE: GOUNTY WELD COUNTY,COLORADO DATE: 8-28-15 DRAWN BY:DRH SHEET: 1 oft • • EXHIBIT-B NW 1/4 S7-T2N-R64W DECHANT III -=18101----- ASSURED LIFE ASSOCIATION I I I NW COR S7-T2N-R64W FND 3 1/4" ALUM. CAP I STAMPED LS#13155 1999 ' I I L=571.07' R=15590.00' 02'05'54" �� III CB=S00'32'27"W N 21 co I I 1 C=571.04' M*(m61 L=570.75' E'ow� R=15610.00' w$! ' A=02'05'42" I IL4— N CB=N00'32'20"E I I 1 L6 F0N C=570.72' I I 3 �toa-0 I I L7 ti,Tim VI y DECHANT I i I PIONEER COMMUNITIES W)„`° I 20' HOLDINGS LLC fo▪ m ., LINE TABLE PARCEL# 130507200006 �i LINE BEARING DISTANCE IC71 M:iii-' RECP.#3514956 �W0� L1 N88'40'32"E 90.01' I 0 0 Q a m L2 S89'29'30"W 20.00' mg o 0 o L3 N89'29'30"E 20.00' �_ L4 NO0'30'30"W 157.36' I I L5 N88'34'36"E 20.03' Ip 3 w L6 S00'30'30"E 177.36' M M o II0 0 L7 S89'29'30"W 20.00' M :'� 20' PERMANENT EASEMENT ACQUIRED r L8 N89'29'30"E 20.00' IA O N 53,062.59 sf. OR 1.22 ac.± IN L9 S88'40'32"W 20.00' I,5 I NE 1;'d Ill S12-T2V-R65 W I \W14 Ip L8 S7-T2V-R646l' 12 I �O ;:h .I I I� III `° P.O.C. 3 w W1/4 COR S7-T2N-R64W II M M FND 3 1/4" ALUM. CAP 1 1 IM M STAMPED LS#23520 2002 — 412iio 0 1Z N I L1 \_g NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A SURVEYOR LAND SURVEY I P.O.B. HP FARMS MONUMENTED LAND PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED HOLDING LLC PROPERTY DESCRIPTION ONLY. 20' PERMANENT EASEMENT WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION (E-1) WCR 49 CORRIDOR PROJECT PIONEER COMMUNITIES BETWEEN WCR 22&24 HOLDINGS LLC PROJECT NO: SRP-26 I SCALE:1"=400' WELD COUNTY,COLORADO G Q U N T Y DATE: 8-28-15 DRAWN BY:DRH SHEET: 2 of 2 EXHIBIT-C NW 1/4 S7-T2N-R64W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3514956 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 7, DESCRIBED AS SHOWN, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 7, ALSO DESCRIBED AS SHOWN, BEARS NORTH 00'30'30" WEST A DISTANCE OF 2612.66 FEET; THENCE NORTH 88'40'32" EAST ALONG THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 A DISTANCE OF 110.01 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'30'30" WEST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 604.72 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'30'30" WEST A DISTANCE OF 504.19 FEET; THENCE NORTH 89'29'30" EAST A DISTANCE OF 94.89 FEET; THENCE NORTH 00'30'30" WEST A DISTANCE OF 100.82 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 94.89 FEET; THENCE NORTH 00'30'30" WEST A DISTANCE OF 654.99 FEET; THENCE NORTH 89'29'30" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'30'30" WEST TO THE POINT OF A CURVE TO THE RIGHT A DISTANCE OF 177.36 FEET; THENCE ALONG SAID CURVE 571.07 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 HAVING A RADIUS OF 15590.00 FEET, A CENTRAL ANGLE OF 02'05'54" AND A CHORD BEARING OF NORTH 00'32'27" EAST A DISTANCE OF 571.04 FEET; THENCE ALONG SAID NORTHERLY LINE NORTH 88'34'36" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE OF 40.06 FEET; THENCE ALONG SAID CURVE 571.71 FEET DEPARTING SAID NORTHERLY UNE HAVING A RADIUS OF 15550.00 FEET, A CENTRAL ANGLE OF 02'06'22" AND A CHORD BEARING OF SOUTH 00'32'41" WEST A DISTANCE OF 571.68 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 217.36 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 574.99 FEET; THENCE NORTH 8929'30" EAST A DISTANCE OF 94.89 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 180.82 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 94.89 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 424.19 FEET; THENCE NORTH 89'29'30" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'30'30" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 644.15 FEET; THENCE SOUTH 88'40'32" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 113,718.61 sf. OR 2.61 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4164544 Pages: 10 of 17 12/10/2015 12:38 PM R Fee:$0.00 LEON W. SIEVERS Carly�IKoppes,uClle`r k and Recorder,` ql Weld County, COp � W ` PLS 23520 1N'ijp'�LIIIIII r III�r�� IfYIilli IViiif'f8 Bill 40' PERMANENT EASEMENT WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION pE-15 m WCR 49 CORRIDOR PROJECT r�, PIONEER COMMUNITIES � p BETWEEN WCR 22&24 HOLDINGS LLC - _' " PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO �'G Q U N T Y DATE: 8-28-15 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT-C NW 1/4 S7-T2N-R64W DECHANT III --:8101-- ASSURED LIFE ASSOCIATION I I I - - - - - - _ _ L8 _ _ _ _ - - - - - - i NW COR S7-T2N-R64W FND 3 1/4" ALUM. CAP I I III L=571.71' STAMPED LS#13155 1999 U2);N R=15550.00' m� A=02'06'22" ..7 o NA, 1 I CB=S00'32'41"W T i mA I I I C=571.68' al L=571.07' I I w R=15590.00' „w-0 A=02'05'54" ;oo°' CB=N00'32'27"E I I IL7nom (13 L9 *13! DECHANT C=571.04' I I IL6 -�� la, 10 WO LINE TABLE PIONEER COMMUNITIES N-Ila% III • LINE BEARING DISTANCE I I Imo, • P N HOLDINGS LLC �"'� L1 N88'40'32"E 110.01' f 40' in -E. .- I W PARCEL# 130507200006 E' L2 S892930 W 20.00' gamma M' M RECP.#3514956 L3 N89'29 30"E 94.89' Icy a o L4 N00'30'30"W 100.82' "� ' '�'� Y' L5 S89'29'30"W 94.89' Iz N SF L6 N89'29'30"E 20.00' m I L11 g o L7 N00'30'30"W 177.36' loll L8 N88'34'36"E 40.06' in I L L' L12 L9 SO0'30'30"E 217.36' Nit'/ 4 IM L10 S89'29'30"W 20.00' I'lL13 S7-T2\-R6-IW L11 N89'29'30"E 94.89' Io°i w L12 S00'30'30"E 180.82' I1 1 I. a L13 S89'29'30"W 94.89' ' ' o-- L14 N89'29'30"E 20.00' I fr o`I 40' PERMANENT EASEMENT ACQUIRED L15 588'40'32"W 40.00' 4� Io ��„ 113,718.61 sf. OR 2.61 ac.± I� ,c2 L14 IL2 ` VEI!4 N � in S12-T2N-R65W I I I I I O'if t0 co P.O.C. III o o, W1/4 COR S7-T2N-R64W ' 6 r� I I I '� �„M FND 3 1/4n ALUM. CAP I l 1 • STAMPED LS#23520 2002 8 y N 1 L15 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A P.O.B. MONUMENTED LAND SURVEY OR LAND SURVEY PLAT! HP FARMS IT IS INTENDED TO ILLUSTRATE THE ATTACHED I HOLDING LLC PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT 40' PERMANENT EASEMENT 1861 OF PUBLIC WORKS ACQUISITION Q;E-1-5) WCR 49 CORRIDOR PROJECT PIONEER COMMUNITIES BETWEEN WCR 22&24 HOLDINGS LLC PROJECT NO: SRP-26 :I" 400' WELD COUNTY,COLORADO G � IsC4tE DATE: 8-28-15 DRAWN BY:DRH SHEET: 2 of 2 EXHIBIT-D NW 1/4 S7-T2N-R64W TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3514956 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 7, DESCRIBED AS SHOWN, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 7, ALSO DESCRIBED AS SHOWN, BEARS NORTH 00'30'30" WEST A DISTANCE OF 2612.66 FEET; THENCE NORTH 88'40'32" EAST ALONG THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 A DISTANCE OF 90.01 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'30'30" WEST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 585.00 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'30'30" WEST A DISTANCE OF 1300.00 FEET; THENCE NORTH 89'29'30" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'30'30" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 157.36 FEET; THENCE ALONG SAID CURVE 570.75 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02'05'42" AND A CHORD BEARING OF NORTH 00'32'20" EAST A DISTANCE OF 570.72 FEET; THENCE ALONG SAID NORTHERLY LINE NORTH 88'34'36" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE OF 20.03 FEET; THENCE ALONG SAID CURVE 571.07 FEET DEPARTING SAID NORTHERLY LINE HAVING A RADIUS OF 15590.00 FEET, A CENTRAL ANGLE OF 02'05'54" AND A CHORD BEARING OF SOUTH 00'32'27" WEST A DISTANCE OF 571.04 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 177.36 FEET; THENCE SOUTH 89'29'30" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'30'30" EAST A DISTANCE OF 1260.00 FEET; THENCE NORTH 89'29'30" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'30'30" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 604.72 FEET; THENCE SOUTH 88'40'32" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 53,062.59 sf. OR 1.22 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4164544 Pages: 12 of 17 12/10/2015 12:38 PM R Fee:$0.00 Carly Koppes,u�Cle`Lrk and Recorder,JJ Weld g County,y, CO ` LEON W. SIEVERS IrjR1TI■-Ilf0�'r r i��RYWtriK��IV ,�III PLS 23520 WELD COUNTY DEPARTMENT 20' TEMPORARY EASEMENT OF PUBLIC WORKS ACQUISITION TE-IS t p V WCR 49 CORRIDOR PROJECT ,� . BETWEEN WCR 22&24 PIONEER COMMUNITIES HOLDINGS LLC = 11 PROJECT NO: SRP-26 )SCALE: � 3_000NTY WELD COUNTY,COLORADO DATE: 8-28-15 DRAWN BY:DRH SHEET: 1 of 2 • EXHIBIT-D NW 1/4 S7-T2N-R64W III DECHANT -;Blpt-- ASSURED LIFE ASSOCIATION I I - - - - _ _ _ _ __/� L5 _ _ _ _ _ _ -- - - NW COR S7-T2N-R64W / FND 3 1/4" AlUM. CAP I I STAMPED LS#13155 1999 I 1 I L=571.07' R=15590.00' A=02'05'54' _ I I I CB=S00'32'27"W I I I C=571.04' L=570.75' 2 R=15610.00' III 6=02'O5'42" 1 1 L4 L6 o CB=N00'32'20"E I I Li3 - C=570.72' ?ii- HI L7 35 m d 55 DECHANT I i ; COM MUNITIES,., COMMUTIES �m3 ' I 20' HOLDINGS LLC F`•`'m LINE TABLE PARCEL# 130507200006 o 4;-L8--2 LINE BEARING DISTANCE IC71 RECP.#3514956 r�mM L1 N88'40'32"E 90.01' It 8 8 • TIC L2 S8929'30"W 20.00' m o m ;;E TIC L3 N89'29'30"E 20.00' A a L4 N00'30 30"W 157.36' ILI M m=- L5 N88'34'36"E 20.03' Ip 3 w ~U L6 S00'30'30"E 177.36' ll M M in m L7 S89'29'30"W 20.00' M M 20' TEMPORARY EASEMENT ACQUIRED a� etNYli L8 N89'29'30"E 20.00' Km o N 53,062.59 sf. OR 1.22 ac.± .rm,,_M L9 S88'40'32"W 20.00' 1} 1( �N�— il II �.+c�� ;VE lid S 12-T2N-R65 W NW 1!4 $6 12 ( L8 S7-T2:�-R6dW' 2 I �I� lir NI I Iu)O , co P.O.C. W1/4 COR S7-T2N-R64W M FND 3 1/4" ALUM. CAPI IM o STAMPED LS#23520 2002 l0 0 - - - - - - - 12 N - - - - - - - - - - - - L1 1 L9 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A ` P.O.B. MONUMENTED LAND SURVEY OR LAND SURVEY PLAT HP FARMS IT IS INTENDED TO ILLUSTRATE THE ATTACHED HOLDING LLC PROPERTY DESCRIPTION ONLY. 20' TEMPORARY EASEMENT WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION TE-15 i - WCR 49 CORRIDOR PROJECT � � l �� BETWEEN WCR 22&24 PIONEER COMMUNITIES � :_ HOLDINGS LLC PROJECT NO:SRP-26 SCALE:I"=400'_G O U N� Jr WELD COUNTY,COLORADO � DATE: 8-28-15 DRAWN BY:DRH SHEET: 2 of 2 • EXHIBIT E • PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More(S10.00+) DOLLARS and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Pioneer Communities Holdings LLC,a Colorado Limited Liability Company,whose address is 9033 E.East Place,Suite 112,Centennial,CO 80112-2105 hereinafter referred to as"Grantor"(whether one or more)does hereby grant,sell,convey,and warrant to DCP Midstream,LP, whose local address is,3026 4' Avenue,Greeley,CO 80631,its successors and assigns,hereinafter referred to as"Grantee",the right,privilege and easement,Seventy-five(75)feet in width for a temporary easement for construction for this line or lines along with additional work space for boring,and a permanent non-exclusive easement of Forty(40)feet in width,for the propose and from time to time, operating, inspecting,maintaining, protecting,repairing,replacing, change the size and removing two(2) pipelines with fittings,tie-overs, cathodic protection equipment and all other appurtenances,for the transportation of oil,gas, petroleum products,water,and any products and derivatives of any of the foregoing,and any combinations and mixtures of any of the foregoing,upon and along a route through the following described land located in WELD County,State of COLORADO,to wit: Township 2 North,Ranee 64 West of the 66 P.M. Section 7:Part of the NW/4 Said temporary construction easement and permanent non-exclusive pipeline easement being more particularly described on Exhibit"C"attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline or lines,on,over,and across said land and adjacent land of Grantor. c• It is agreed that the pipeline or lines to be laid under this grant shall be constructed a minimum depth of forty-eight(48)inches below the surface of the ground to permit normal cultivation at the time of construction,and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Grantee shall have the right to clear all trees,undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build,construct or create any buildings,structures or engineering works on the herein granted right-of- way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant,as their interests may be,any and all damages to crops,timber,fences,drain tile,or other improvements on said premises that may arise from the exercise of the rights herein granted;provided,however,that after the pipeline or lines has been constructed hereunder,Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees,undergrowth,and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The terms,conditions,and provisions of the contract shall extend to and be binding upon the heirs,executors,administrators, personal representatives,successors,and assigns of the parties hereto. TO HAVE AND TO HOLD said easement,rights,estates,and privileges unto Grantee,its successors and assigns,as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF,Grantor has executed this instrument this day of 2015,signed, sealed,and delivered in the presence of By: Print: Title: s: 14 of 17 4544 pageM R Fee:sa. County CO 416 2:38 P rder, III 1 eco 1 W I 12/10/2015 Clerk and R �� l1'■ , Car 1Y "PPes° ' I - M • ACKNOWLEDGEMENT STATE OF COLORADO ss. COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the same person(s)who executed the within and foregoing instrument,and acknowledged to Inc_executed the same as_the and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office,this day of , 2015. My commission expires: Notary Public 4164544 Pages: 15 of 17 12/10/2015 12:38 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II III RECORDING INFORMATION ABOVE Exhibit F R/W# 15 GRANT OF EASEMENT PIONEER COMMUNITIES HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY, whose address is 9033 E. Easter Place, Suite 112, Centennial, CO 80112, GRANTOR (whether one or more), in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to-wit: Easement description as set forth in Exhibit"B"attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include,but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces,guides,and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, � adjacent construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection,repair and removal thereof. Grantor shall not plan t any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on,over,under,or across said easement without the written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, 4164544 26 052015 12:38 P 16 CarlY Koppes, Clerk and Recorder, Weld County, CO M RFFee$0.00 •III I��.r�Y�'tl �!��I�i��ti i�r �K�ti �, h till successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees,contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. W/O# Map No.:_NW '/4 of Section 7,Township 2N,Range 64W,6th P.M.,County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of ,20 GRANTOR: PIONEER COMMUNITIES HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY By: Title: STATE OF COLORADO ) COUNTY OF ) I, , a Notary Public for said County and State, do hereby certify that personally came before me this day and acknowledged that he is the of Pioneer Communities Holdings LLC, a Colorado Limited Liability Company, and he, being authorized to do so, executed the foregoing Grant of Easement as his own act and deed on behalf of Pioneer Communities Holdings LLC,a Colorado Limited Liability Company. WITNESS my hand and official Notarial Seal,this_day of ,20_. Notary Public My Commission Expires: 4164544 Pages: 17 of 17 12/10/2015 12:38 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iihJ'fd 1POLDIPI, J «P 11111 161 MEMORANDUM TO: Clerk to the Board DATE: 1/5/2016 _GOUNTYg FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2015-3772 Warranty Deed with Pioneer Communities Holdings LLC for improvements to WCR 49. RECEIVED JAN 0 6 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon-I.doc 0n4-1-4A+" �} `at d(z,S/-7-17 ) I l � ,l - - - ,6 D2°15'377x2. �I l(v WARRANTY DEED THIS DEED made this I I day of AAA] , 2011o, between Pioneer Communities Holdings LLC, of the County of Weld, Skate of Colorado, Grantor, and of Colorado whose legal County of Weld, a body corporate andpolitic of the State � g address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantees: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as: vacant land. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4172608 Pages: 1 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WO m:1411111 ao i5��Y�a IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. PIONEER COMMUNITIES HOLDINGS LLC Wail WI-, F��c K aTitle State of CO(0`a()Q ) )ss. County of(V410(,) The foregoing instrument was acknowledged before me this I�J Jday of inlb'1L) 20 IS, by Tv e i N- Fik(--Ket5 , as Mc(noier of Pioneer Communities Holdings LLC, Owner. TOM SERRA Witness my hand anc-,official seal. NOTARY PUBLIC STATE Of COL OPADO NOTARY II')200940()14T? MY COMMISSION EXPIRES JANUARY 27,2017 r, c, it/VC Notiy Public I My commission expires: e.) - 17 4172608 Pages: 2 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ;L 'Ii,I'44.11• 1KP�}��'lAI��t,Yl' i i 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). t` Dated this I I day of janiq , 2015. Jdio ATTEST: - ; COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD BY: BY: — ieput Clerk to the Bo Mike Freeman, Chair JAN 1 1 2016 BOARD OF COUNTY COMMISSIONER �' ..• r►� OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this �/ day of , 2015 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OFT COUNTY F WELD. Witness my hand and official seal. Notary Publ. CHERYL LYNN HOFFMAN My commission expires: 102.//1/02,0( NOTA i" Pi r b: STATci NOTARY I1) 2014444<;� 4 MY COMMISSION LXPIRLS ULC. 19, 2018 4172608 Pages: 3 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 / 3772 Carly Koppes, Clerk and Recorder, Weld County, CO ��MIr rra NO:I ilY'4i'ION�M�:��,��: Oki Ill III .2 EXHIBIT-A 15-PIONEER COMMUNITIES HOLDINGS—ROW PROPERTY DESCRIPTION A parcel of land being part of the Northwest Quarter (NW1/4) of Section Seven (7), Township Two North (T.2N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (Wi/4) corner of said Section 7 and assuming the West line of the Northwest Quarter (NWI/4) of said Section 7, being monumentalized by a #6 rebar with a 3 J4"diameter aluminum cap stamped 'LS23520, 2002' at the South and and by o i6 rebar with a 3 X" diameter aluminum cop stamped 'LS13155, 1999"of the North end, as bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.66 feet, with all other bearings contained herein relative thereto: THENCE North 88'40'32" East along the South line of the Northwest Quarter of said Section 7 a distance of 40.00 feet to the East Right—of—way line of Weld County Road No. 49, said East Right—of—way line being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NWI/4) of said Section 7, sold point being the POINT OF BEGINNING; THENCE North 00'30'30"West along said East Right—of—way line a distance of 2612.73 feet to the North line of the Northwest Quarter (NWi/4) of said Section 7; THENCE North 88'34'36"East along the North line of the Northwest Quarter (NWi/4) of said Section 7 a distance of 60.44 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 570.75 feet to a Point of Tangency (PT), sold point being Fifty(50) feet, as measured at a right angle, East of said East Right—of—way line, said curve having a radius of 15,610.00 feet, a central angle of 02'05'42"and a long chord bearing South OD'32'20' West a distance of 570.72 feet; THENCE South 0030'30"East along a line being Fifty (50) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 157.38 feel; THENCE South 8929'30" West a distance of 20.00 feet to a point being Thirty(30) feet, as measured at a right angle, East of sold East Right—of—way line; THENCE South 00'30'30"East along a line being Thirty (30) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 1300.00 feet; THENCE North 89'29'30" East a distance of 20.00 feet to a point being Fifty(50) fast, as measured at a right angle, East of said East Right—of—way line; THENCE South 0030'30" East along a line being Fifty(50) feet, as measured at a right angle, East of and parallel with said East Right—of—way line a distance of 585.00 feet to the South line of the Northwest Quarter of sold Section 7; THENCE South 88'40'32"West along the South line of the Northwest Quarter of said Section 7 a distance of 50.01 feet to the POINT OF BEGINNING. Said parcel of land contains 106,622 sq. ft. or 2.448 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (40) feet of the Northwest Quarter (NWI/4) of said Section 7. Sold existing Right—of—way contains 104,508 sq. ft. or 2.399 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. ....4h\..l A r 'C r s i ,•., t;l • ! •�' • ,''r • •Lfl •U ,� 2 38106 T: ! ,I co o . •: o• 'lf •vq.3 •?.01 .a`� • 'r,• 6 1 ,► f Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION '74,111I 0.f0 OF PUBLIC WORKS rtw•ts ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 PIONEER COMMUNITIES WCR 49 I i ,., SuRvI{Y(.)Rs PROJECT NO: SRP-26 SCALE: NA au,? WELD COUNTY.COLORADO , ', ,nr DATE: 3-13-15 DRAWN BY: CDL SHEET: I ot 2 4172608 Pages: 4 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County,■C0 VIII!PAM P�J:I I 0M�.�I !'(t ■E,I■ii 1101 EXHIBIT-A LINE TABLE 1 • i LINE BEARING LENGTH Lz L1 N88'40'32"E 40.00' -_ . • -- - - -- L2 N88'34 36'E 60.44' r NW CORNER L3 SOO-30'30"E 157.36' ST—UN—ROAN r 40'PPEUNE EASEMENT FND /8 REBAR WITH I . 10 SAMSON at NORM LLC L4 58929'30"W 20.00' STAMPED LS 11331855 1999 UM CAP (�� 244J5.10) IN MON. BOX L5 N89'29'30"E 20.00' ISO'ELECTRIC EASEMENT TO PUBLIC SERIECE L6 S88'40'32"W 50.01' I —COMPANY or COLORADO (BOOK 1639 PAGE 427) z e . w • J I91.E'CO AIUNICAARON EASEMENT 03 _TD PUBLIC SERVICE COMPANY OF COLORADO O I L4 (REC Na 2745473) CURVE TABLE m . gy CURVE LENGTH RADIUS DELTA CHORD CH BEARING •m•) ADDITIONAL RIGHT-OF-WAY 10 C1 570.75' 15610.00' 2'05'42" 570.72' S00'32'20"W 1o6,e2z.f.t OR 2.446aa.f tV • 0 m ' O N I 2 PIONEER ALVIN&DONNA 3 ICOMMUNITIES DECI{ANT '0 n• . W HOLDINGS LLC MIX NE 1/4 M M PARC.#130507200006 512-T2N-R65W O According to Colorado law you zo RECP.#3514956 must commence any legal action baled upon any depot N this I survey within three years after you I • first discover such defect in no 40' EXISTING RIGHT—OF—WAY event may any action based upon '11 —(BOOK 1048 PAGE 4) any defeat In this survey be commenced more than tan years from the dote of the certification I n shown hereon, (13-80-105 C.R.S. 2012) l N N W 1/4 o S7-T2N-R64W O NOTE: This exhibit drawing Is not 13 Intended to be a monumentolised W 1/4 CORNER 1O co land survey, ire mile purpose le S7-2211—R64W as a graphic rereppreresentation to FND /6 REBAR WIN aid In the visudisotlon of the 3.25' ALUMINUM CAP 0 W40'PIPELINE EASEMENTwritten property description *filchSTAMPED LS 23520 2002 8 e it oaoomponles The written IN MOM, BOX Z M TO SAMSON r MOMS uc property desorlptlon supersedes POINT OF i Q g� C Na 2fJ9) the exhibit drawing. COMMENCEMENT I l Gera,„LIrACZES.I.LC Ll--' L6 POINT OF BEGINNING WELD COUNTY DEPARTMENT RIGHT OUISIT ON l�. OF PUBLIC WORKS ACQVIlI ►1 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)22&24 PIONEER COMMUNITIES WCR 49 KING; SuRvi oizs PROJECT NO: SRP-26 SCALE: l"=400' WELD COUNTY,COLORADO 650t_cadre,D,l,c i Winds,,..Commdo so5;" phuc,:P;'0)666-•nil i ,,,,,Cm,,I.1,„eti,,,,,'im;.,,,, DATE: 3.13-15 DRAWN BY: CDL SHEET: 2 oft 4172608 Pages: 5 of 5 01/13/2016 12:52 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■111N !11X411,' + Iii i1�Iliitl!ialiPYif i 'fYltili1I II Hello