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Home My WebLink About20141923.tiff ,‘..±%satvitoc MEMORANDUM ��i11�ir1 r t TO: Clerk to the Board DATE: February 6, 2015 co_uN FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item RE: WCR 49 & 22 Intersection Project Doc # 2014-1923 Deed of Dedication with Front Range Resources, LLC, A Colorado Limited Liability Company. Enclosure RECEIVED FES 091.x;5 WCOMMISSIONERS M Wrancie\AGENDA memosUyenda-Leon-l.doc test arnfil O2 --/g-t< ee ?Likwn ' c2/ 2012-1 -1923 0012 p DEED OF DEDICATION /J�THIS DEED,made this�0 day of IS4 Ity,2015,between FRONT RANGE RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY, "Grantor" whose legal address is whose address is 1801 Broadway, Suite 1010, Denver, Colorado 80202, and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "0" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of-Way, free and clear of all liens and warrants title to that real property lying and being in the County of Weld, State of Colorado,to wit: The real property described and shown if the attached Exhibit "A" Free and clear of all liens and excepting only existing matters of record in the real property records of Weld County as of the date hereof, RESERVING unto Grantors the mineral estate under said property,including oil,gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the Public Highway. FRONT RANGE RESOURCES, LLC, a Colorado limited liability company By: F 1\ ag 1 t, L { olorado limited liability company, its manager By: Title: �1CL Date: - / STATE OF COLORADO ) 4084594 Pages: 1 of 4 02/20/2015 11:03 PM R Fee:$0.00 ) SS. Carly Koppes, Clerk and Recorder, Weld County, CO COUNTY OF be nv&r ) ■III M!�1�'?�riu.:1Cli G!6+IiRU+wJ1tYJItPI 4JA ii �I III The foregoing instrument was acknowledged before me this (5t day of Si of, ,2014, by 1 °Y.{✓k , as Manager of FRR Management, LLC, a Colorado limited liability company, as Manager of Front Range Resources LLC, a Colorado limited liability company, on its behalf. Witness my hand and official seal. Notary Public: SU-kt L y S Deed of Dedication Page 1 M:\Pioneer Communities\5000-Surveys\Weld County Condemnation\Front Range Deed of Dedication 7-17-14.doc My commission expires: AL( -]y - O l $ SHELLEY SCHAFER NOTARY PUBLIC STATE OF (S E A L) NOTARY D#20104013453 MY COMMISSION EXPIRES APRIL 14.2018 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 dedication of property as a Public Highway(Public Right-of-Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 18th day of February , 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1 ( lxrPL. Se -do; ' E ' Mike Freeman, Pro-Tem FEB 1 8 2015 Weld County Clerk to thetat t ( �NVy1/42, BY: �a.��/...� Deputy Cl- S to the Bo STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this /g day of Awry 201 IS , byMiKe Freeman , , Board of County Commissioners of the County of Weld. P]a-Tem Witness my hand and official seal. My commission expires: a('/J ?JIWZ, Re dal ,/ KARLA FORD /1 h 44 ,ln ` J NOTARY PUBLIC OR GU LCU! 41/11JJ S7A7E OF COLORADO Notary Public NOTARY ID 19984029774 nn!EXPIRES DECEMBER 2 2018 4084594 Pages: 2 of 4 02/20/2015 11:03 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII N��1F�6LNr�'I :I�� tih�.��U,II i�r1�RN9�CF1 Y l�r� 11111 Deed of Dedication Page 2 M:\Pioneer Communities\5000-Surveys\Weld County Condemnation\Front Range Deed of Dedication 7-17-14.doc l' C /tt /%62 EXHIBIT A TO DEED OF DEDICATION (FRONT RANGE RESOURCES,LLC) NW I/4 S18-T2N-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 18, 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. 3667883 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'33'56" WEST A DISTANCE OF 2595.90 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'36'03" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'33'56" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT OF WAY UNE OF (NOT-MAINTAINED) WELD COUNTY ROAD 22 A DISTANCE OF 2595.90 FEET; THENCE NORTH 88'47'39" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET; THENCE SOUTH 00'33'56" EAST A DISTANCE OF 511.30 FEET; THENCE SOUTH 01'40'09" EAST A DISTANCE OF 215.08 FEET; THENCE SOUTH 02'26'08" WEST A DISTANCE OF 79.14 FEET; THENCE SOUTH 00'33'56" EAST A DISTANCE OF 716.34 FEET; THENCE SOUTH 06'00'11" EAST A DISTANCE OF 68.46 FEET; THENCE SOUTH 03'36'41" EAST A DISTANCE OF 76.57 FEET; THENCE SOUTH 0423'36" WEST A DISTANCE OF 122.12 FEET; THENCE SOUTH 00'33'56" EAST TO A POINT ON THE SOUTH LINE OF SAID DEED FILED UNDER RECEPTION NO. 3667883 A DISTANCE OF 808.01 FEET; THENCE SOUTH 88'56'51" WEST ALONG SAID SOUTH LINE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 105,953.26 sf. OR 2.43 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. 4084594 Pages: 3 of 4 02/20/2015 11:03 AM R Fee:$0.00 LEON W. SIEVERS Carly Kop`pess,LCl,Irkk and Recorder,o4U Weld County, �COOyI PLS 23520 ,III KW Veld Lain.. l'('ii111! ' LM1T'Yiyfi ,I RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION Ali18t er OF PUBLIC WORKS I / r - WCR49&22 FRONT RANGE ■■ INTERSECTION PROJECT RESOURCES LLC f Lr, ' PROJECT NO: SRI'-24 SCALE: WCR 49 , G-6 U NT WELD COUNTY,COLORADO 1 DATE: 4-4-14 DRAWN BY: JHB SHEET: loft EXHIBIT A TO DEED OF DEDICATION (FRONT RANGE RESOURCES,LLC) NW 1/4 SI8-T2N-R64W I ! ' SW 1/4 EXISTING 60' R.O.W. EXISTING 60' R.O.W. I I : S7-77N-R6.111114� 1 BK-83/PG-292 BK-83/PG-292 I I I IP FARMS RDBK-10/PG-40 I-��EXISTING JUNE 3, 1903 RDBK-10/PG-40 I IOLDINGS LLC JUNE 3, 1903 P I . 1 80 ROW I ! THIS PORTION OF WCR 22 IS NOT NW CORNER_// ! I CONSTRUCTED S18-T2N-R64W 1 ! FND 3H" A.C. II N SLS#23520 2002 I ! LINE TABLE I ! t i L1 N89'36'03"E 30.00' !• L2 N88'47'39"E 40.00' I ! a L3 S00'33'56"E 511.30' • EXISTNG 60' R.O.W. J 1 L4 301.40'09"E 215.08' THROUGH USAGE do PATENT DATE • ! L5 S02'26'08"W 79.14' ! ! L6 S0033'56"E 716.34' L7 S06'00'11"E 68.46' FRONT RANGE L8 S03'36'41"E 76.57' Nit 14 rnl ! L9 SO4'23'36"W 122.12' 5'13-T2N-R6 1J c RESOURCES LLC AZ�' m! ! L10 S00'33'56"E 808.01' 2432 N! ! PARCEL#130518200009 L11 S88.56'51''W 40.00' 3 31 i•• RECP.#3667883 GREENLEAF ki I II ACRES LLCM pi ! RIGHT—OF—WAY ACQUIRED z m $ !• 105,953.26 sf. OR 2.43 ac.± ZI - aD I ! ! I I NW //21 t I S 18-T2N-R64W li ii "I P.O.C. I ! / i I. NOTE: THIS EXHIBIT MAP DOES NOT EST 14 S18 -R64 OW IR !S REPRESENT A MONUMENTED LAND 11 SURVEY OR LAND SURVEY PLAT. FND 3Y4" A.C. R IS INTENDED TO ILLUSTRATE THE STAMPED i ! ATTACHED PROPERTY DESCRIPTION PLS#10855 1995 ' I L11 ONLY. IL -R I j PI A.B. .SW l,'4 Li BRATRSOVSKY III Sl8-T2N-R641Y EXISTING 80' ROW-s-I •• !B- RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1 1861 OF PUBLIC WORKS !1 WCR49&22 L FRONT RANGE -1 7--p INTERSECTION PROJECT RESOURCES LLC ( PROJECT NO: SRP-24 SCALE: 1"=400 WCR 49 Qp.LQ$ " WELD COUNTY,COLORADO _ ( DATE: 4.4-14 DRAWN BY: 11-IB SHEET: 2 of2 4084594 Pages: 4 of 4 02/20/2015 11:03 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lilt MIrjlK t +s'L 'II�Ik�kY�I h�Nl�l�?1Nrr�M+hI1Ytti,k II it l RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE INTERSECTION OF COUNTY ROADS 49 AND 22 AND AUTHORIZE CHAIR TO SIGN - FRONT RANGE RESOURCES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to the Intersection of County Roads 49 and 22, 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 Front Range Resources, LLC, 1801 Broadway, Suite 1010, Denver, Colorado 80102, commencing upon execution of signature, with further 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 for Purchase of Public Road Right-of-Way and Permanent Easement for Certain Improvements to the Intersection of County Roads 49 and 22, 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 Front Range Resources, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. c n ( c,rs) 2014-1923 EG0070 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT- FRONT RANGE RESOURCES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d C -;rk. a-clastQ ' 0— Dougl Rademach , Chair Weld County Clerk to the Board bt u�� -Tern " � +. arbara Kirkmeyer, Pro-Tern BY: • 1._1 ! /. �l�_1! .�� 1F D=. y Clerk to the Boa`s =n P. Conway VE FORM: ke Freeman ounty Attorney EXCUSED William F. Garcia Date of signature: 14 7 2014-1923 EG0070 w. MEMORANDUM i*c J �L! r �� TO: Clerk to the Board DATE: June 20, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: ROW/TE, WCR 49 Ext. Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for improvements to the Intersection of WCR 49/22 with Front Range Resources, LLC. Enclosures M:\Fnncie\AGENDA memos\Agenda-Leon-5.doc 2014-1923 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE INTERSECTION OF WELD COUNTY ROAD 49 &22,BETWEEN FRONT RANGE RESOURCES,LLC,A COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO r THIS AGREEMENT is made this O25 dday of 'T�fi`tt. , 2014, by and between FRONT RANGE RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMPANY whose address is 1801 Broadway, Suite 1010, Denver, Colorado 80202, hereinafter 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 real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right-of-Way"),and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as "Temporary Construction Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 and Weld County Road 22 Intersection, which will involve said road's realignment and construction, (hereinafter referred to as"Road Improvement Project"),and WHEREAS, County requires said Public Road Right-of-Way in order to complete said Road Improvement Project, and WHEREAS, County will need said Temporary Construction Easement in order to allow for construction of the intersection improvements, and WHEREAS, Owner wishes to cooperate with County in said Road hnprovement Project, NOW, THEREFORE,the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell 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 Thousand Eight Hundred Sixty Dollars, ($4,860.00). The parties acknowledge and agree that said purchase price represents full,fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "B" (a copy of which is attached Agmt for Purchase of ROW and Temp Easement-lmmed Possession Before Closing Page 1 C:\Users\GPN\AppData\LocalUlicrosoft\Windows\Temporary Internet Files\Content.Outlook\3EI JKFOP\Front Range Pur Agmt Rev 6-19-14 FINAL.docx 4035682 Pages: 1 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Mcipiru 0.7O/V- /9O73�i IIrikiIi \ NIL �;W N�}, tiR �+ilY4,� IIIII hereto and made a part hereof by this reference), for the sum Three Hundred Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 Owner warrants that he/she/it is the owner of the Public Road Right-of-Way and the Temporary Construction Easement and will defend title thereto against all claims, except existing matters of record in the real property records of Weld County as of the date hereof. 4. Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication, free and clear of all liens and subject only to existing matters of record in the real property records of Weld County as of the date hereof; 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens and subject only to existing matters of record in the real property records of Weld County as of the date hereof; 6. This Temporary Construction Easement shall commence on July 1St, 2014, and shall expire and be of no further force or effect on July lSt, 2016, upon the completion of the Road Improvement Project,whichever is earlier. 7. Owner shall not, during the term of this Temporary Construction Easement, erect or construct,or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate under the Public Road Public Road Right-of- Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached or associated with the Public Right-of-Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right-of-Way to County at the date of closing which shall be no later than thirty (30) days following the Owner obtaining a Partial Release(s) of the Right of Way from current deeds of trust.. 10. Owner shall pay any encumbrance associated with the Public Road Right-of-Way 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 Deed of Dedication to County. 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 and/or Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 2 C:\Users\GPNWppData\Local\Microsof\Windows\Temporary Internet Files\Content.Outlook\3EIJKFOP\Front Range Pur Agmt Rev 6-19-14 FINAL.docx 4035682 Pages: 2 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III 1ralIP lf!LlM'IriiV VOUNDfilI1 11111 COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and / or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and / or the Deed of Dedication. 3. County shall pay Owner for the Public Road Right-of-Way and Temporary Construction Easement by County warrants at the date of closing. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 5. The County shall reimburse the Owner the sum of$5,564.00 for the replacement value of the existing barbed wire Right of Way fence that is to be removed by the County during construction. Said replacement fence shall be installed along the new right of way line established by this Project. 6. The County shall notify Owner's agricultural tenant 2 weeks in advance of the start of construction. Prior to removal of existing right of way fencing, County shall install a temporary livestock fence along the east boundary of the aforementioned Temporary Construction Easement. County shall remove said temporary fencing after the installation of the replacement fencing by Owner referenced in paragraph # 5 above. Owner's agricultural tenant contact information: Tenant: P. David Perkins P.O. Box 267 1514 Main Unionville,MO 63565-0267 Phone: (660) 626-4324 Fax(660) 947-3747 E-Mail: prklndco@nemr.net 7. As a part of the County's roadway intersection project,the County shall at its cost relocate Owner's existing entrance from County Road 49 to the northwest corner of Owner's property and along the south edge of the existing, undeveloped, County right of way along Owner's north boundary. The relocated access shall meet Weld County Road Construction Standards for Roadbase Materials, and be improved with a culvert and 24 foot wide cattle guard, and the new access shall be extended south easterly to a point of connection with the existing internal access Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 3 C:\Users\GPMAppData\Local\M icrosofI\Windows\Temporary Internet Files\Content.Outlook\3E I JKFOP\Front Range Pur Agmt Rev 6-19-14 FINAL.docx 4035682 Pages: 3 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder; Weld County, CO ��FaNirlIciVIIVIIMIr II III roadway on Owner's property in such a fashion that commercial vehicles can reasonably access Owner's property (A detailed drawing of the new entrance is attached hereto and made a part of this Agreement as Exhibit C). Owner hereby provides permission to the County to relocate the existing access as shown on Exhibit C. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right-of-Way and Temporary Easement shall be the date of the closing, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, and the County satisfaction of the notice in section 6 above, County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use said Public Road Right-of-Way and the Temporary Construction Easement for the purposes of constructing the Road Improvement Project for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right-of-Way and Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right-of-Way and 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. 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 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 4 C:\Users\GPNWppData\Local\Microsoft\Windows\Temnorary Internet Files\Content.Outlook\3E I JKFOP\Front Range Pur Agmt 4035682 Pages: 4 of 9 Rev 6-19-14 F[NAL.docx 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO I IIII MEP I�JI V'I}�F��, R,ld�'l�iPi�l6��li�tiW4h 'I III 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. 8. The parties agree that the County's acquisition of the Public Road Right-of-Way and Temporary Easement shall have no impact on the rights and responsibilities granted and imposed by Weld County as a result of the creation of the Pioneer PUD (PZ-1125, recorded August 1, 2013,Recording Number, 3952364) IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. FRONT RANGE RESOURCES, LLC, A COLORADO LIMITED LIABILITY COMP By: UU^� L r Q�(/`"-1�Az' --_— / Tide: ►V t vytv7 Fgt OO BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST `` cat-- 9 l l ti) .Jl CAA ;K �r. ��asiademacher, Chair JUN 2 5 2014 Weld County Clerk to the Board .•�;� wary .� BY• .l . / tMt7,,,a1/42 9 '•3iwS '\ D .uty Clerk to the Board Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Closing Page 5 C:\Users\GPN\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3EIJKFOP\Front Range Put Agmt Rev 6-19-14 FINAL.docx 4035682 Pages: 5 of 9 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 0,9D/V /P EXHIBIT-A NW 1/4 518-T2N-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 18, 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. 3667883 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'33'56" WEST A DISTANCE OF 2595.90 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'36'03" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'33'56" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF (NOT-MAINTAINED) WELD COUNTY ROAD 22 A DISTANCE OF 2595.90 FEET; THENCE NORTH 88'47'39" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET; THENCE SOUTH 00'33'56" EAST A DISTANCE OF 511.30 FEET; THENCE SOUTH 01'40'09" EAST A DISTANCE OF 215.08 FEET; THENCE SOUTH 02'26'08" WEST A DISTANCE OF 79.14 FEET; THENCE SOUTH 00'33'56" EAST A DISTANCE OF 716.34 FEET; THENCE SOUTH 06'00'11" EAST A DISTANCE OF 68.46 FEET; THENCE SOUTH 03'36'41" EAST A DISTANCE OF 76.57 FEET; THENCE SOUTH 04'23'36" WEST A DISTANCE OF 122.12 FEET; THENCE SOUTH 00'33'56" EAST TO A POINT ON THE SOUTH LINE OF SAID DEED FILED UNDER RECEPTION NO. 3667883 A DISTANCE OF 808.01 FEET; THENCE SOUTH 88'56'51" WEST ALONG SAID SOUTH LINE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 105,953.26 sf. OR 2.43 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 4035682 Pages: 6 of 9 08/04/2014 02:00 PM R Fee:$0.00 LEON W. SIEVERS Steve plMoreno,fClerk and Recorder, Weld uCounty, CO PLS 23520 ,III�ry'j MI)i1�YTY�IT rW��Y1�li5�IY Yoh r7iliWi 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION �861 OF PUBLIC WORKS �, 1/ - - - WCR49&22 FRONT RANGE z INTERSECTION PROJECT RESOURCES LLC �I�� '� P ' PROJECT NO: SRP-24 SCALE: WCR49 * GOUNTY WELD COUNTY,COLORADO 1 DATE: 4-4-14 DRAWN BY: JHB SHEET: loft EXHIBIT-A NW I/4 S18-12N-R64W ! I ! EXISTING 6O' R.O.W. i I I SW14 EXISTING 6O' R.O.W. BK-83/PG-292 iI i•• i 57-12.\-/264W BK-83/PG-292 HP FARMS RDBK-1O/PG-4O L fl RDBK-1O/PG-4O JUNE 3, 19O3 I? •I EXISTING JUNE 3, 19O31 HOLDINGS LLC i• ii 8O' ROW _WC�Z 2_ fI L2 _THIS PORTION OF WCR 22 IS NOT NW CORNER I CONSTRUCTED S18-T2N-R64W I FND 3Y♦" A.C. I J LS#2352O 2OO2 LINE TABLE I L1 N8936'03"E 30.00' ! L2 N88'47'39"E 40.00' i a L3 S00'33'56"E 511.30' • EXISTING 6O' R.O.W. i . !J L4 S01'40'09"E 215.08' THROUGH USAGE & PATENT DATE i in L5 S02'26'08"W 79.14' • ! L6 500'33'56"E 716.34' ! L7 506'00'11"E 68.46' FRONT RANGE L8 S03'36'41"E 76.57' vE l'4 0' I L9 504'23'36"W 122.12' S13-72N-1265W m� L� i to RESOURCES LLC HZ s : ,- -J L10 S00'33'56"E 808.01' rW N' PARCEL#13O5182OOOO9 L11 588'56'51"W 40.00' 3m •• RECP.# 3667883 g GREEN LEAF nti s ! .4 .E,_ ACRES LLC to n I I om 0 i I• ,.1, RIGHT-OF-WAY ACQUIRED uz 0 i .. 105,953.26 sf. OR 2.43 ac.± aim ZJ m3` 41- 0m- r0ro . IV\ . �� S ` NW 1/4 -.n c_ _ I I S18-T2N-R64W • mmt7 i i as.— No O 9 -10 P.O.C. III J NOTE: THIS EXHIBIT MAP DOES NOT �N`o WEST 1/4 COR I REPRESENT A MONUMENTED LAND OX S18—T2N—R64W I SURVEY OR LAND SURVEY PLAT. tnm>= FND 3Ya" A.C. i IT IS INTENDED TO ILLUSTRATE THE (4"m.°.'— ATTACHED PROPERTY DESCRIPTION a�� STAMPED L11 PLS#1O855 1995 I !' ONLY. R R R i • P.O.B. SW li4 • Li BRATRSOVSKY j S18-72N-R6-IW EXISTING 8O' ROWS- f I I I RIGHT OF WAY I WELD COUNTY DEPARTMENT 186' OF PUBLIC WORKS ACQUISITION �� t y WCR 49&22 FRONT RANGE J��; INTERSECTION PROJECT RESOURCES LLC i�*�I ---' P PROJECT NO: SRP-24 SCALE: I"=400 WCR49 GOUNTY - — WELD COUNTY,COLORADO I DATE: 4-4-14 DRAWN BY: JHB SHEET: 2 oft • EXHIBIT-B NW 1/4 S18-T2N-R64W PARCEL DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 18, 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. 3667883 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'33'56" WEST A DISTANCE OF 2595.90 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'13'39" EAST A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING THENCE NORTH 00'33'56" WEST A DISTANCE OF 808.01 FEET; THENCE NORTH 04'23'36" EAST A DISTANCE OF 122.12 FEET; THENCE NORTH 03'36'41" WEST A DISTANCE OF 76.57 FEET; THENCE NORTH 06'00'11" WEST A DISTANCE OF 68.46 FEET; THENCE NORTH 00'33'56" WEST A DISTANCE OF 716.34 FEET; THENCE NORTH 02'26'08" EAST A DISTANCE OF 79.14 FEET; THENCE NORTH 01'40'09" WEST A DISTANCE OF 215.08 FEET; THENCE NORTH 00'33'56" WEST TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF (NOT-MAINTAINED) WELD COUNTY ROAD 22 A DISTANCE OF 511.30 FEET; THENCE NORTH 88'47'39" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'33'56" EAST TO A POINT ON THE SOUTH LINE OF SAID DEED FILED UNDER RECEPTION NO. 3667883 A DISTANCE OF 2596.06 FEET; THENCE SOUTH 88'56'51" WEST ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 49,795.18 sf. OR 1.14 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. 4035682 Pages: 8 of 9 08/04/2014 02:00 PM R Fee:$0.00 LEON W. SIEVERS Steve Moreno, Clerk and Recorder, Weld Welled County, `C`O W PLS 23520 �1lURI 'MAO hilierdll WIC ilri ,lIII TEMPORARY 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS EASEMENT , 41 rye �1 A WCR49&22 FRONT RANGE INTERSECTION PROJECT RESOURCES LLC I� � '� PROJECT NO: SRP-24 SCALE: WCR 49 Co-UN " WELD COUNTY,COLORADO J DATE: 4-4-14 DRAWN BY: JHB SHEET: loft EXHIBIT-B NW I/4 SI8-T2N-R64W III EXISTING 60' R.O.W. iii SW TIT EXISTING 60' R.O.W. BK-83/PG-292 - S7-T2N-R61W BK-83/PG-292 HP FARMS RDBK-10/PG-40 RDBK-10/PG-40 EXISTING JUNE 3, 1903 HOLDINGS LLC IJUNE 3, 1903 i• ! I 80' ROW _ -.. i THIS PORTION OF WCR 22 IS NOT NW CORNER I CONSTRUCTED S18-T2N-R64W il. i FND 3Y;' A.C. I n STAMPED i ' i LS#23520 2002 LINE TABLE I I i L1 N89'13'39"E 70.00' I• ! L2 N00'33'56"W 808.01' i i I EXISTING 60' R.O.W 'iJS L3 N04'23'36"E 122.12' THROUGH USAGE & iii L4 N03'36'41"W 76.57' PATENT DATE I i ; L5 N06'00'11'W 68.46' i• : I TEMPORARY EASEMENT ACQUIRED L6 N0033'56"W 716.34' 49,795.18 sf. OR 1.14 ac.± L7 N02'26'08"E 79.14' NE 1/4 L8 N01'40'09"W 215.08' i m l m I I I rn L9 N00'33'56"W 511.30' S13-T2N-R65W Nz I ! 'W N L10 N88'47'39"E 20.00' m¢ iI ""w i L11 S88'56'51"W 20.00' m I : 90' SECTION LINE 3 GREENLEAF `,a°a I i TO EAST LINE OF 7"19-1ACRES LLC no I Li TEMPORARY ESMT. FRONT RANGE t I P Q. RESOURCES LLC M cc,„ o !o $ PARCEL#130518200009 i I , RECP.#3667883 iii LTI:i NW 1/4 * ii S18-T2N-R64W iSi I I i iii • i P.O.C. l! I N WEST 1/4 COR i ' i NOTE: THIS EXHIBIT MAP DOES NOT S18-T2N-R64W : i REPRESENT A MONUMENTED LAND FND 3Ya' A.C. iI SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE STAMPED i I ATTACHED PROPERTY DESCRIPTION PLS#10855 1995 i � il L11 ONLY. .. R R R EXISTING 80' ROWS i 11 P.O.B. SW I.4 BRATRSOVSKY I f S18-12N-R64W i i i WELD COUNTY DEPARTMENT TEMPORARY W EASEMENT OF PUBLIC WORKS , J L � i , WCR49&22 FRONT RANGE 'r � III INTERSECTION PROJECT RESOURCES LLC I :� � T PROJECT NO: SRP-24 SCALE: i"=400 WCR49 - coUN 4035682 Pages: 9 of 9 DATE: 4-4-14 DRAWN BY: JHB SHEET: 2of2 08/04/2014 02:00 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County: CO i lIII MMINLA PIAI 14:Orii fl IOW I Mid ii, II III Hello