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Home My WebLink About20153090.tiff RESOLUTION RE: APPROVE RIGHT-OF-WAY CONTRACT NO. 109904 AND AUTHORIZE CHAIR TO SIGN 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 a Right-of-Way Contract No. 109904 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 State of Colorado and State Board of Land Commissioners, commencing September 11, 2015, and with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Right-of-Way Contract No.109904 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 State of Colorado and the State Board of Land Commissioners be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D., 2015, nunc pro tunc September 11, 2015. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, CO ORADO ATTEST: died/Let) �C �� arbara Kirkmey , Chair Weld County Clerk to the Board OL-) Mike Freeman, Pro-Tern BY: (J uty Clerk to the Board �� EXCUSED E L„ Sean ' Conw/y r 1 APP •R D AS RM: I ; ' ��.� /—L/ ( gr(y-"( 1861 I .• -fity e A. Cozad o % Attorney /3/ �►OU <:teve Moreno Date of signature: ( Rt-rflre) +,140// , 2015-3090 CC: RJ (tP-A-shJ/Fc) %N EO0072 \1861 1-11TE ,m) MEMORANDUM JTO: Board of County Commissioners IFICOUNTY DATE: September 24, 2015 FROM: Tiffane Johnson/Leon Sievers/Elizabeth Relford, Public Works SUBJECT: State of Colorado WCR 49 ROW Agreement This agreement is for the purchase of public right-of-way on WCR 49 and a Temporary Easement (TE) for approximately 1 mile between WCR 38 & WCR 40 with the State of Colorado. 2015-3090 ais6 MEMORANDUM )I TO: Clerk to the Board DATE: September 24, 2015 coUNY FROM: Elizabeth Relford, Public Works Department SUBJECT: Agenda Item RECEIVED SEP252015 WELD COUNTY RE: WCR 49 Project COMMISSIONERS Right-of-Way Contract No. 10994 with State of Colorado,State Board of Land Commissioners,for a permanent right-of-way to construct, operate, and maintain a public road (expansion of County Road 49) over, under, upon, and across certain portions of state trust lands. Attached are two original Right-of-Way Contract No. 109904 and Colorado State Board of Land Commissioners Right-of-Way performance/Reclamation Bond. Please return both originals to Public Works. We will submit for State Board of Land Commissioners' signature. M:\Francie\AGENDA memos\ElizabethRelford-Agenda.doc a©/5 30,0 y rsvr ` DNR COLORADO CO State Land Board Department 01 Natural Resources September 23, 2015 LEON SIEVERS WELD COUNTY DEPARTMENT OF PUBLIC WORKS 1111 H STREET P O BOX 758 GREELEY CO 80632 Re: Right-of-Way Contract No. 109904-THE COUNTY OF WELD (sent via email only) This letter is to notify you that the Board has approved right-of-way application no.1577 to THE COUNTY OF WELD on State Trust Lands for the following terms (the metes and bounds legal description that was provided are in the contract). Facility: a public road (expansion of County Road 49) Width: 0-70 (variable) feet Contract Term: permanent Effective Date: 9/11/2015 Restoration Bond: $26,630.00 Consideration Payment: $18,288.50 Please print and sign the attached contract, complete the restoration bond form/provide the proper bond, and return all documents to the address listed below. The contract must be original with wet signature. You will receive a separate mailing with an invoice for the consideration payment. If the signed contracts and completed bond form are not returned within 30 days, they will be cancelled. An extension for 30 days may be requested, but must be approved by the State Land Board. An administrative fee of $500 will be assessed. Call or email me with any questions or comments. Sincerely, David S. Roden berg Right-of-Way Manager P 303 866 3454 x3328 david.rodenberg@state.co.us Page 1 of 1 it)? C946 1127 Sherman Street, Suite 300, Denver, CO 80203-2206 P 303.866.3454 F 303.866.3152 www.cotorado.gov/trustlands * , *` ,.s/876 7610 STATE OF COLORADO w 'Jt STATE BOARD OF LAND COMMISSIONERS , *//' Right-of-Way Contract No. 109904 j876,, THIS RIGHT-OF-WAY made this 11th day of September, 2015, between the State of Colorado, acting by and through the STATE BOARD OF LAND COMMISSIONERS (Grantor), whose address is 1127 Sherman Street, Suite 300, Denver CO 80203 and THE COUNTY OF WELD (Grantee), whose mailing address is 1150 "O" Street, Greeley, CO 80631: WITNESSETH WHEREAS, Grantee has applied to the Grantor for a right-of-way across certain portions of state trust lands for the purpose of constructing, operating, and maintaining a public road (expansion of County Road 49); and WHEREAS, the Grantor has approved the application subject to the terms and conditions set forth herein. NOW THEREFORE, the Grantor, in consideration of the terms and conditions herein, and for the consideration of Eighteen Thousand Two Hundred Eighty Eight And 50/100 Dollars ($18,288.50), grants unto the Grantee, a permanent right-of-way for the purpose of constructing, operating, and maintaining a public road (expansion of County Road 49) over, under, upon and across certain portions of state trust lands described in Exhibit A attached hereto: TERMS AND CONDITIONS 1. This right-of-way grant is made for the sole purpose described and for the singular use by the Grantee named herein. No other purpose or use is permitted. If Grantee uses or attempts to use the lands for any other purpose whatsoever, then this right-of-way shall become void and of no effect, and shalt revert to the Grantor or its successors. 2. This right-of-way grant is not exclusive. It is subject to any and all uses, easements and rights-of-way granted previously. The Grantor reserves the right to use, or permit the use of, these same lands for any new purpose which will not unreasonably interfere with or endanger any of the facilities of the Grantee, or use thereof. Grantee agrees to permit and not interfere with such new or additional uses. 3. The Grantee shall not sublet or assign, in whole or in part, this right-of-way unless the Grantor, at its sole discretion, gives written authorization. Any transfer or assignment, or attempted transfer or assignment, of any of the rights granted, without such consent in writing, shall be absolutely void, and at the option of the Grantor, shall terminate this agreement. 4. The Grantor reserves the right at any and all times during the continuance of the right-of-way to sell, exchange, or otherwise dispose of the underlying or adjoining lands. 5. If Grantee fails to construct the facility or facilities described above within five (5) years from date hereof, this grant shalt be subject to cancellation at the option of the Grantor. If the Grantor agrees to extend such construction period, the Grantor may fix additional consideration at the time of completion of construction of said facilities. 4196412 Pages: 1 of 5 04/19/2016 11:34 AM R Fee:$0.00 ROW 109904 Page 1 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO ,III�Ir11'i � ii1 �YT�ILfllili�� 'i1lVii��I� ��I�I'.Y4r�, 11 111 a©is- 3070 6. Upon completion of construction and/or any subsequent maintenance activities of the herein described facility, including the use of Grantor's land not described above for temporary construction and/or ingress and egress purposes, Grantee agrees to restore said land, as near as practicable to its original condition, unless otherwise agreed to in writing by the Grantor. Provided, however, that alt such restoration efforts shall be in compliance with the Colorado Noxious Weed Act, CRS 35-5.5-101 et seq. Grantee shall begin the restoration work not more than six (6) months after said facility is installed. The Grantee shall execute a bond at the time this contract is executed by the parties in the amount of Twenty Six Thousand Six Hundred Thirty And 00/100 Dollars ($26,630.00). The bond shall consist of cash, bank certificate of deposit, or other sureties as may be approved by the Grantor. If the bond is other than cash, the bond must be in a form that will guarantee payment in cash to the Grantor upon receipt by any bank or insurance company of written demand by the Grantor, without further condition. The Bond shalt guarantee restoration of said land to a native vegetative condition or to such other conditions as may be approved by the Grantor as well as continued maintenance of the area disturbed by the facility, to maintain the integrity of the installation. The Grantor shall keep said bond for the life of the contract or unless, upon request from the grantee, the grantor at their sole discretion deems that the bond or a portion therefore shall be returned. 7. The Grantee shall not fence or otherwise obstruct free and open access to and travel upon, said land, without written authorization from the Grantor. No surface installation of any kind is authorized by this grant unless specifically mentioned herein. 8. If the right-of-way is to be enlarged, replaced, relocated, or added to in the future, the Grantee shall request of the Grantor such change and furnish surveys, plats, and description of the change to the Grantor. The Grantor may, at its sole discretion, approve or deny such request. In the event that the Grantor approves such change, the Grantor may, at its sole discretion, require the Grantee to pay additional consideration. 9. Grantee shall not establish a water use, water permit, or water right unless the Grantor at its sole discretion gives written authorization. If the Grantee uses or establishes any water right on the Grantor's land, for any use on or off Grantor's land, such right shall become and remain the property of the Grantor. 10. The Grantor shall reserve all rights to all minerals, ores, and metals of any kind and character, and all coal, asphaltum, oil, gas, or other like substances in or under such land, and all geothermal resources and the right of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, notwithstanding the terms as per paragraph two (2). If the Grantor desires to occupy or use, or permit the occupancy or use of, the lands which are subject to the right-of-way herein granted, or any portion thereof, for any purpose with which the aforesaid facilities would interfere, then the Grantor may require the Grantee to relocate its facilities, at Grantees expense, after first receiving not less than ninety (90) days prior written notice from the Grantor. In such event, the Grantee shall be furnished a similar right-of-way over and across Grantor's land, where available and suitable, free of charge to relocate or otherwise adjust said facilities. Grantee shall not enter into any agreement to restrict mineral development in any way, including but not limited to, agreements to purchase, to buy out or to buy-down with the mineral lessee, its successors or assigns, without the written approval of Grantor. 11. The right-of-way granted herein shall continue until termination for cause or expiration of term, whichever occurs first. If the use of said right-of-way is abandoned for twelve (12) consecutive months, this right-of-way or any unused portion thereof shall automatically and without notice terminate. 12. The Grantee may remove the facilities during the term granted. Upon such removal, the right-of-way shall terminate, except that temporary removal or closure of said facility during maintenance or approved reconstruction shall not terminate this grant. 4196412 Pages: 2 of 5 04/19/2016 11:34 AM R Fee:$0.00 Carly Koppess,,uClerk and Recorder, Weld County, CO {� ROW 109904 Page 2 of 5 ,III lit �I��,I11��r r +l t■Tf r��'irif11�� iti�� 11111 13. Upon termination of this right-of-way either for cause or by expiration of term, the Grantee shall restore the premises as nearly as possible to the condition they were in prior to the grant and construction of the original right-of-way, unless otherwise requested or agreed to by the Grantor. 14. The Grantee assumes all liability arising from the exercise of this right-of-way, including but not limited to the risk of all injuries, including death, resulting therefrom to persons and damage to property, including loss of use thereof, and all taxes, fees, assessments or charges, resulting directly or indirectly, wholly or in part, from this right-of-way and to indemnify, save harmless and defend the Grantor from and against any and all liability arising therefrom. 15. The Grantee will pay full compensation to the Grantor for damages to its property, rights, franchises or privileges, including liabilities and damages to its lessees and other third parties resulting from acts, omissions, or use of the lands or rights granted under this right-of-way. 16. Failure to comply with any term or condition contained in this right-of-way grant shall be grounds for termination by the Grantor. 17. A plat and survey performed by William K. Wright, Colorado PLS No. 23529, dated 12th day of June, 2015 was submitted by the applicant to depict the location of this grant. Said plat is hereby made a part of this right-of-way document for locational purposes, but shall not prevail over the terms and conditions herein. Grantee must get written approval if easement does not follow stated legal description. An as built survey will be provided immediately after installation is complete. 18. If any facilities are constructed outside of the defined boundary of the easement area, Grantor, at its discretion, may require Grantee, Developer, or their successors or assignees to relocate the facilities to within the defined boundaries at no cost to the Grantor. IN WITNESS WHEREOF, the parties hereto have executed the foregoing, the same to be effective as of the day and year first above written. Grante : 4A Barbara Kirkmeyer Signatur SEP 2 8 2015 Printed Name as Chair, Board of County Commissionersof THE COUNTY OF WELD Position Entity 11„1.. )/Co",„, STATE OF COLORADO BY THE STATE BOARD OF LAND COMMISSIONERS le �� =�= + �1\ " ' cC t;D ,Or , © By: ..... ,,,,,,llro'� David S. Rodenberg-R ght-of- y Manager (Seat) 4196412 Pages: 3 of 5 04/19/2016 11:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II ROW 109904 Page 3 of 5 215- 38 2O EXHIBIT A PERMANENT EASEMENT A PARCEL OF LAND LOCATED IN THE E1/2 OF SECTION 36, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 FROM WHICH THE E1/4 CORNER OF SAID SECTION 36 BEARS N00°16'13"W, 2638.95 FEET, THENCE N00°16'13"W, 30.00 FEET ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 36 TO THE TRUE POINT OF BEGINNING; THENCE 589°28'41"W, 140.00 FEET PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36; THENCE N44°36'14"E, 99.21 FEET; THENCE N00°16'13"W, 2539.25 FEET PARALLEL WITH THE EAST LINE OF THE SE1/4 OF SAID SECTION 36; THENCE N00°16'16"W, 1000.37 FEET; THENCE NORTHERLY, 704.85 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15770.01 FEET, A CENTRAL ANGLE OF 02°33'39" AND BEING SUBTENDED BY A CHORD THAT BEARS N01°00'36"E, 704.79 FEET; THENCE N02`17'26"E, 110.75 FEET TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY, 162.14 FEET ALONG THE ARC OF SAID CURVE TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 16 OF THE RECORDS OF WELD COUNTY, COLORADO, SAID ARC HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 00°35'40" AND BEING SUBTENDED BY A CHORD THAT BEARS N01°59'36"E, 162.14 FEET; THENCE N00°21'17"W, 560.93 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49; THENCE N45°27'24"W, 98.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 40; THENCE N89°26'30"E, 110.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE AND ALONG THE SOUTH RIGHT- OF-WAY LINE EXTENDED EASTERLY OF SAID WELD COUNTY ROAD 40 TO THE EAST LINE OF THE NE1/4 OF SAID SECTION 36; THENCE S00°21'17"E, 2608.76 FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 36 TO THE E1/4 CORNER OF SAID SECTION 36; THENCE S00 16'13"E, 2608.95 FEET ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 36 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 338,743 SQUARE FEET (7.776 ACRES), MORE OR LESS OF WHICH 208,708 SQUARE FEET (4.791 ACRES), MORE OR LESS IS INCLUDED WITHIN THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD 49 AS DESCRIBED IN RIGHT-OF-WAY NO. 755 IN BOOK 7 AND IN DEED RECORDED IN BOOK 1046 AT PAGE 16 OF THE RECORDS OF WELD COUNTY, COLORADO. AND; TEMPORARY EASEMENT A STRIP OF LAND LOCATED IN THE El/2 OF SECTION 36, T4N, R65W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 FROM WHICH THE El/4 CORNER OF SAID SECTION 36 BEARS N00°16'13"W, 2638.95 FEET, THENCE N00°16'13"W, 30.00 FEET ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 36; THENCE S89°28'41"W, 140.00 FEET PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36 TO THE TRUE POINT OF BEGINNING; THENCE N44°36'14"E, 99.21 FEET; THENCE N00°16'13"W, 2539.25 FEET PARALLEL WITH THE EAST LINE OF THE SE114 OF SAID SECTION 36; THENCE N00'16'16"W, 1000.37 FEET; 4196412 Pages: 4 of 5 04/19/2016 u �11:34 rr4A�AM��R Fee:$0.00 ��■■ {{�� ` ROW 109904 Page 4 of 5 nu maw`�11"�niRi'i�e r�h��K County,�Yi�tayi, Bill THENCE NORTHERLY, 704.85 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15770.01 FEET, A CENTRAL ANGLE OF 02'33'39" AND BEING SUBTENDED BY A CHORD THAT BEARS N01 °00'36"E, 704.79 FEET; THENCE N02°17'26"E, 110.75 FEET TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY, 162.14 FEET ALONG THE ARC OF SAID CURVE TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 16 OF THE RECORDS OF WELD COUNTY, COLORADO, SAID ARC HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 00°35'40" AND BEING SUBTENDED BY A CHORD THAT BEARS N01°59'36"E, 162.14 FEET; THENCE N00°21'17"W, 560.93 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49; THENCE N45°27'24"W, 98.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 40; THENCE S89'26'30"W, 28.23 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 40; THENCE S45'27'24"E, 124.56 FEET; THENCE SOUTHERLY, 703.99 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02°35'02" AND BEING SUBTENDED BY A CHORD THAT BEARS S00°59'54"W, 703.94 FEET; THENCE S02'17'26"W, 110.75 FEET TO A POINT OF CURVE TO THE LEFT: THENCE SOUTHERLY, 705.74 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 15790.01 FEET, A CENTRAL ANGLE OF 02°33'39" AND BEING SUBTENDED BY A CHORD THAT BEARS S01°00'36"W, 705.68 FEET; THENCE S00°16'16"E, 1000.37 FEET; THENCE S00°16'13"E, 2530.99 FEET; THENCE S44°36'14"W, 111.04 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS N89'28'41"E, PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36; THENCE N89'28'41"E, 28.35 FEET PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 36 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 101,981 SQUARE FEET (2.341 ACRES), MORE OR LESS 4196412 Pages: 5 of 5 04/19/2016 11:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO hi Fi'la14,' POW Li II II ROW 109904 Page 5 of 5 RE: RIGHT-OF-WAY CONTRACT NO. 109904 ATTEST: dj,,�/�, ;vk BOARD OF COUNTY COMMISSIONERS Weld Count CI k to the Board WELD COUNTY, COLORADO BYE .�cA /Cti uty Clerk to the Board bara Kirkme r, Chair /SEP 2 8 2015 y APPROVED AS T• FUNDING: APPROVED £ TO SU=STANCE: ' 424)2120. EL Controller cial or Department Head 1861 �••�+;��. ��.. APPROVED AS TO FORM: D e . of General Services County Attorney � N r CO err'<r COLORADO STATE BOARD OF LAND COMMISSIONERS 1127 Sherman Street, Room 300. Denver, Colorado 80203. /303) 866-3454 RIGHT-OF-WAY PERFORMANCE/RECLAMATION BOND FOR USE WITH CORPORATE SURETY Bond No. ]06316681 _ Right-Of-Way Contract ("Contract") No. 109904 _ KNOW ALL BY THESE PRESENTS, That THE COUNTY OF WELD of the County of Weld in the State of Colorado (hereinafter called "Grantee") and Travelers Casualty&Surely Co.or America of the County of Hartford in the State of Connecticut a corporation organized and existing under the laws of the State of Connecticut _ and duly authorized to transact a bonding and surety business in the State of Colorado (hereinafter called the "Surety"), as Surety, are held hereby and firmly bound unto the State of Colorado, acting by and through the State Board of Land Commissioners (hereinafter called the "Board") in the sum of Twenty Six Thousand Six Hundred Thirty And 00/100 Dollars ($26,630.00), for the payment of which sum, well and truly to be made, we hereby bind ourselves and our personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Grantee has entered into the above-mentioned Contract dated 9/11/2015 or has replaced the original grantee of the Contract through an assignment approved by the Board to construct, operate and/or maintain the use of the State Trust Lands identified therein in Weld County(s), Colorado which Contract and assignment (if any) are hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS, Grantee has agreed with the Board pursuant to the Contract to restore said State Trust Lands to a native vegetative condition or to such other conditions as may be approved by the Board pursuant to the Contract. NOW THEREFORE, the conditions of this obligation are such that, if the above-bonded Grantee shall, in conducting operations, faithfully perform the restoration requirements of the Contract, as amended from time to time, and comply with the conditions of the Contract and with all applicable laws and regulations of the State, and if the Board shall make a finding that the State Trust Lands upon which such operations have been conducted have been satisfactorily reclaimed, then the Board shall, upon receipt of a request for bond release on such State Trust Lands or a request for partial release as to any portion thereof, release the Grantee and the surety to the extent that it determines such reclamation to have been accomplished. ADDITIONAL PROVISIONS (1) The amount of this bond is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlarge, or restrict the Grantee's obligations to complete the reclamation plan and to comply in all respects with the Contract and with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially exceed the amount of this bond. (2) The Surety shall not be liable under this bond for an amount greater than the sum designated in the first paragraph hereof, unless increased by a later amendment to the bond. This bond shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this bond (and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation pursuant to the Contract, but no such increase shalt bind the Surety unless and until it shall have consented thereto in writing by the issuance of an additional surety bond or by an endorsement to this bond. 1 of 3 Revised 07/2015 • (3) Surety reserves the right to cancel this bond, effective only upon an anniversary date, and only by giving written notice to that effect, mailed by certified mail, at least ninety (90) days prior to such anniversary date, addressed to both the Grantee, at its address herein stated, and to the Board at 1127 Sherman Street, Room 300, Denver, Colorado 80203. In the event of such cancellation, this bond shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such cancellation, unless and until the Grantee shall file a substitute bond which: (1) assumes liability for all reclamation obligations which shall have arisen at any time while this bond is in force, and (2) is accepted in writing by the Board. (4) In the event of such cancellation, if the bond is not fully released, the amount of the continuing bond available for the reclamation of State Trust Lands disturbed and un-reclaimed at the date of cancellation, shall be fixed by the Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated in the first paragraph hereof) and the Board or shall concurrently identify such areas in writing, and notify the Grantee and the Surety thereof. Thereafter, the obligation of the Surety shall be limited to reclamation of the State Trust Lands so identified. (5) The consideration for Surety's execution of this bond is the promise of the Grantee to pay the premiums, but failure by the Grantee to pay such premiums shall not invalidate or diminish Surety's obligation hereunder. (6) The description of the State Trust Lands herein set forth is for convenience of reference only, and no error in such description, nor any revision of the State Trust Lands, nor the disturbance by the Grantee of lands outside of the State Trust Lands shall alter or diminish the obligation of the Grantee or the Surety hereunder, which shall extend to the reclamation of all such lands disturbed. (7) The obligation of this bond shall continue (unless cancelled pursuant to paragraph 3 hereof) until released in writing by the Board. The parties understand that periods of years may necessarily be required before determination can be made that reclamation work has been satisfactorily completed. No revision, extension, or renewal of the Grantee's Contract, or of the time allowed the Grantee to complete reclamation shall diminish Surety's obligation hereunder. No misrepresentation by the Grantee which may have induced the Surety to execute this bond shall be any defense to demand by the Board under this bond. (8) The Surety will give prompt written notice, mailed by certified mail, to the Grantee, at its address herein stated, and to the Board at 1127 Sherman Street, Room 300, Denver, Colorado 80203, of any notice received or action filed alleging the insolvency or bankruptcy of the Surety, or alleging any violations of regulatory requirements which could result in suspension or revocation of the Surety's license to do business. (9) In the event the Surety becomes unable to fulfill its obligations under the bond for any reason, written notice shall be mailed immediately, by certified mail, to the Grantee and the Board. (10) The Board may make demand upon the Surety for payment hereunder if the Board determines that reclamation which ought to have been performed pursuant to the Contract by the Grantee, or its successors or assigns, remains unperformed, and if surety forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the Board to receive the amount so demanded. However, if, upon completion of reclamation, the amounts expended for reclamation shall be less than the amount received from the Surety, the excess shall be promptly refunded to the Surety. (11) If demand is made upon the Surety for payment of an amount due to the Board hereunder, and if the Surety fails to make payment of such amount within ninety (90) days after the date of receipt of such demand by the Surety, and if it should thereafter be determined, by agreement of the Surety or by final judgment of court, that the amount demanded was properly payable, Surety agrees to pay to the 2 of 3 Revised 07/2015 Board, in addition to the amount demanded, interest at the prime rate published in The Wall Street Journal on the applicable date, as such rate may change from time to time, for the period commencing at the end of such ninety-day period and ending on the date of actual payment. (12) If the Board shall notify the Surety that the Grantee is in default and if the Board shall initiate any bond forfeiture procedures, the Surety may, in lieu of making payment to the Board of the amount due hereunder, cause the reclamation to be timely performed in accordance with the Contract. In such event, when and if the reclamation has been timely performed to the satisfaction of the Board this bond shall be released. If the reclamation shalt not be so performed to the satisfaction of the Board, this bond shall remain in full force and effect. (14) This bond may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the taws of Colorado. (15) The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. As used herein, words in any gender shalt include the other genders, the singular shall include the plural and vice-versa. November 2015 SIGNED, SEALED AND DATED, this 3rd day of /. Grantee:. .)if <•j' �' '�1 i ' yi' /1 I ' • - Barbara Kirkmeyer Sighature / Printed Name Chair,Board of Weld County Commissioners of Weld County Government -- • Title Entity _...._.__..._.._ • • Priscilla A.McCoy Signature Printed Name Attorney-in-Fact of, Travelers Casualty and Surety Company of America Attorney-in-Fact of') Title Surety Company (Seat) (STATE LAND BOARD USE ONLY) BOND TERMINATION INFORMATION Approved By: Right-of-Way Manager Effective Date: _---_._..---.-------.._-,- 3 at 3 Revised 07/2015 { WARNING:Il IIS POWER OF ATTORNEY is INVALID WITIiOUT THE RED RORCWR #lt, POWER OF ATTORNEY TRAVELERSFarmington Casualty Company SI.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance I!nderwrilers,Inc. Travelers Casually and Surety U patty of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229698 Certificate No. 006411112 KNOW ALL MIN RV THESE PRESENTS: Thai Farmington Casualty Company.St. Paul Fire and Marine Insurance Company. St Paul Guardian Insurance Company.St.Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of Anteri.a.and United Slates Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut.that Fidelity and Guaranty htsuraoee Company is a corporation duly organized under the laws of the State of Iowa.and that F.delity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin therein collectively called the"Companies-).and that the Companies do hereby make.consulate and appoint Robert F. Barnes.Karen Graham,Priscilla McCoy.Denise M.Stroeder,Pat Carpenito,Steven F.Kahl,Debora L. McComic.Robin.1.Reshot,Deanna I.oSordo,and Anita I1. Bruner of the City t,f.. Greenwood Village ,State„t Colorado .their true and lawful Attorneyls)-m-Fact each in their separate capacity it more than one's named above.to sign,execute,seal and acknowledge any and all bonds,recognizance.,conditional undertakings and other writings ohllgatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted ir.any actions or proceedings allowed by law. IN wrrN :SS AA HEREOF.the Companies have caused this mstmment 10 be signed and their etaporare seals to he hereto affixed,this 24th day of July 2(115 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty C pany St.Paul Guardian Insurance Company �r rd�°a4r 901'. y r' _NfGq �Pa .,•-o _....�,p e y /.Igo..ow�aiy�. CVO r0..1 `�`„f: 17. a esn° -541�kcwN r , 1951 y r ) �gSa:AL 'n} `;SEAL;e I 0 `� State of Connecticut By: City of Hartford se. Robert I..Raney. a•u e.s Vie:President On this the ...24th dLy of July _ 2015 before me personally appeared Robed l..Rarity,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters.Inc..St.Paul Fire apes Marine Insurance Company,St.Patti Guardian Insurance Company.St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.and that he.as such,being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.ri\in Witness Whereof,I hereunto set my hand and official seal #1*R l a . My Conunission expires the 30th day of June.2016. * '6I19LtiG * ( �Marie C.Tctrc a lt.Notary Pahh. 58440-8-12 Printed in U.S A WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING.THIS POW EH OF ATTORNEY IS tF'VAt4)Wt I POUT I HI Ht:U BORDER Titis Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Director.of Farmington Casualty Company.Fidciity and Guaranty Insurance Company.Pidelity and Guaranty Insurance Underwriters, Inc.,St. Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company,St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect.reading as follows: RESOLVED.that the Chairman.the President.any Vice Chairman,any Executive Vice President,any Senior Vice President.any Vice Pr stdent.any Second Vice Presidenn the'fleasurer,any Assistaut'I'reusuter.the Corporate Secretary or my Assistant Secretary may appoint Attorneys-in-Fact and Agents h:act fiat and on behalf of the Company and may give such appointee:inch authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonus.recogniz.tnces,contract:of indemnity,and other writings obligatory in the nature of a bond.a:cognizance.or conditional undertaking.and any of said nflit:era or the Board of Directors at any time may remove any such appointee and revoke the power given him on her:and it is FURTHER RESOLVED.that the Chairman,Inc President.any Vice Chairman.any Executive Vice President,any Senior Vice.President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,pnwidcd that each such delegation is m writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond.recognizance.contract of indemnity.or writing obligatory in the mature of a pond.recognizance.or conditional undertaking • shall he valid and binding upon the Company when(al signed by the President,any Vice Chairman.any Executive Vice President.any Senior Vice President or any Vice President.any Second Vice President.the Treasurer.any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly arrested and sealed with the ('ompany.%seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant in the power prescribed in his or her certificate or their certificates of authority or by one of more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED.that the signature of each of the following officers. President,any Executive Vice President.any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary.any Assistant Secretary.and the seal of the Company may he affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for pulw:es only of executing and attesting ponds and undertakings and other writings obligatory in the nature thereof.and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified Sy such facsimile signature and facsimile seal shall he valid and hinding tin the Company in the future with respect to any bond or understanding to which it is attached. I.Kevin E.Hughes.the undersigned.Assistant Secretary.of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters.Inc..St Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company.Si.Paul Mercury Insurance Company.Travelers('usually and Surety Company.Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company do hereby certify that the above and I•orcgoing is a true and correct copy of'the Power of Attorney executed by said Companies.which is:n full force and effect and has not been revoked. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this 4'_ t1as'ollt!V v_`!!/,04.r e ,1p/) tG�r Kevin E.Hughes.Assistant Sec .tar), •s_Wt` .:, �1 `•-••••1 .5:pq. µe � H :F4 J rrcar!eatim tjj .'rc° Al w°°ar �t j ° 'Y,`°+cex•.Y.s 19� ,h 19551 i: �J Yj "•-S:'.!1 t. ' ��SEAL Yr " 9 u�ye� lanTO verily the authenticity tit this Power of Attorney,call I-S(Hi-47.1-9xS(t or Contact us al www.trtvelershouud.eom.Please refer to the Auorney•ln-Fact number.the above-named individuals and the details of the bond to which the power is attached, WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE HED BORDER Esther Gesick From: Elizabeth Relford Sent: Monday, April 18, 2016 8:50 AM To: Esther Gesick: Jim Flesher Cc: Cheryl Hoffman; Tiffane Johnson Subject: RE: State of Colorado Bond Attachments: PW's Reclamation Bond #106316681 for ROW Contract#109904 Nov 3.pdf Esther, This is the executed bond. The State doesn't sign the form until the project is completed. Let me know if you need anything else. Thanks, Elizabeth Elizabeth Belford Transportation Manager Weld County Public Works 1111 11 Street PO Box 758 Greeley, CO 80632-0758 Email:erelford@co.weld.co.us Office:(970)304-6496 Ext.3748 Mobile:(970)673-5836 Web:http://www.co.weld.co.us f7 +' - 4 iR, 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Monday, April 18, 2016 8:32 AM To: Elizabeth Relford <erelford@co.weld.co.us>; Jim Flesher<jflesher@co.weld.co.us> Cc: Cheryl Hoffman <choffman@CO.WELD.CO.US>; Tiffane Johnson <tvjohnson@co.weld.co.us> Subject: RE: State of Colorado Bond Elizabeth, Jim and I were doing some follow-up on this item last week. Please see pages 11-13 which are the unsigned bond, which is what is holding this up as a CT8Temp doc that has not gone to recording yet. Can you confirm whether that bond needs to be executed by the other party or if it is a moot point at this stage in the process? Thanks! 1 Esther E. Gesick Clerk to the Board 1150 O Street(P.O. Box 758'Greeley, CO 80632 tel: (970)400-4226 1 14 LM r1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford Sent: Friday, April 15, 2016 4:09 PM To:Jim Flesher<jflesher@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us>; Cheryl Hoffman <choffman@CO.WELD.CO.US>; Tiffane Johnson <tvjohnson@co.weld.co.us> Subject: State of Colorado Bond Jim, Here is the executed bond form for the State of Colorado ROW parcel. Can you please save a copy for me in the M drive? Thanks, Elizabeth 2 Esther Gesick From: Esther Gesick Sent: Wednesday, March 16, 2016 10:33 AM To: Jim Flesher Cc: Tiffane Johnson; Rafaela Martinez; Cheryl Hoffman Subject: RE: Contract with state for acquisition on 49 approved last fall Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Absolutely! By copy on this message I'll ask Rafaela to go pull the original from the file room and get it over to Recording. Once we have it back we'll scan it in and resend the copies. f f w/ F-64,1161-- 1 C(Lit. Thanks Jim! '� �y �Ib' � e_ Esther E. Gesick n, � Clerk to the Board k-aae__II C. toiJ 4 i4c 1441-4 * 1150 O Street/P.O. Box 758JGreeley, CO 8O632 tel: (97O)4OO-4226 '1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity tc which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Jim Flesher Sent:Wednesday, March 16, 2016 9:58 AM To: Esther Gesick<egesick@co.weld.co.us> Cc:Tiffane Johnson <tvjohnson@co.weld.co.us> Subject:Contract with state for acquisition on 49 approved last fall Esther, Leon told us the attached contract should be recorded. Is that something your office could take care of? Please let me know if I need to record it or if you have any questions. Thanks, Jim Flesher,AICP Transportation Planner Weld County Public Works 1111 H Street PO Box 758 Greeley,CO 80632-0751? Office:(970)304-6496 Ext. 3762 Web: www.tveldgov.com 1 Hello