HomeMy WebLinkAbout20142185.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF COUNTY
ROADS 49 AND 44 AND AUTHORIZE CHAIR TO SIGN - DB FARMS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Purchase of Public
Road Right-of-Way and Permanent Utility Easement and Temporary Construction Easement for
Certain Improvements to Intersection of County Roads 49 and 44, 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 DB Farms, LLC, 648 Schwartz Road, Lawrence, Kansas
66049, with the temporary construction easement commencing on July 1, 2014, and ending July
1, 2015, or the completion of said project, whichever is earlier, 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 the Purchase of Public Road Right-of-Way and
Permanent Utility Easement and Temporary Construction Easement for Certain Improvements to
Intersection of County Roads 49 and 44, 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 DB Farms, 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.
CC; (Jo(Ft,Ls)
8-7-ice{
2014-2185
EG0070
TEMPORARY CONSTRUCTION EASEMENT-CRS 49 AND 44
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST:Waitaki s �,,,,,// L r Qll�
[/ �C,lso•t,C ouglat Rademac er, Chair
Weld County Clerk to the Board
1 • , \\ E L ':L rbara Kirkmeye , Pro-Tem /
BY:
D-plty Clerk t. the Boa ` 1 cls, USED
n P. Conway
AP ED ORM: �®
♦ If ike Fre- • a
C un y Attorney /7 (
William . Garcia
Date of signature:
2014-2185
EG0070
=86= MEMORANDUM
ti
lit/ TO: Clerk to the Board DATE: July 17, 2014
COUNTY
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
RE: ROW/TE,WCR 49/44 Intersection Improvements Project
Agreement for the Purchase of Public Road Right-of-Way and Permanent Utility Easement, and
temporary Construction Easement for the WCR 49/44 Intersection Improvements Project with DB
Farms LLC.
Enclosures
MdFrancie'AGENDA memos Agenda-Leon-DB Farms.doc
2014-2185
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF WELD
COUNTY ROAD 44 AND WELD COUNTY ROAD 49 BETWEEN DB FARMS, LLC, A
COLORADO LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /0 day of Jd6 , 2014, by and between DB
FARMS, LLC, a Colorado limited liability company, whaddress is 648 Schwarz Road,
Lawrence, Kansas 66049-4504,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 a parcel of real property described in the attached Exhibit "B"
(hereinafter referred to as the "Utility Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as "Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld
County Road 44(hereinafter"WCR 44"),and Weld County Road 49(hereinafter"WCR 49"),which
will involve the realignment and construction of said roads, (hereinafter referred to as"Intersection
Improvement 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 Intersection Improvement Project, and
WHEREAS, County requires the Utility Easement for the benefit of the Public Service
Company of Colorado (hereinafter "PSCO"), in order to accommodate the relocation of existing
aerial electrical facilities owned by PSCO, and
WHEREAS, County requires a Temporary Construction Easement in order to reconstruct a
relocated driveway access which is required in conjunction with the Intersection Improvement
Project, and to allow for construction of new right of way fence improvements, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
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OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Public Road Right-of-Way A
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 Seven Hundred
Seventy Six Dollars, ($4760). The parties acknowledge and agree that said
purchase price represents full, frjl v lhrable co ' ation.
2. Owner agrees to convey at closing a Utility Easement to PSCO described on Exhibit
"B"(a copy of which is attached hereto and made a part hereof by this reference),for
the sum of Two Hundred Ninety Four,($ .The parties acknowledge and agree
that said purchase price represents full, fair and valuabl,tderation.
4Soel •O6
3. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easements described on Exhibit"C"(a copy of which is attached hereto and made a
part hereof by this reference),for the sum of Three Hundred Dollars,($300.00).The
parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
4. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Utility
Easement and the Temporary Construction Easement and will defend title thereto
against all claims.
5. Owner agrees to grant the Public Road Right-of-Way to the County by Deed of
Dedication,free and clear of all liens and encumbrances,except existing easements.
6. Owner agrees to grant the Utility Easement to PSCO by Easement, in the form
attached hereto as Exhibit"D",free and clear of all liens and encumbrances,except
existing easements.
7. Owner agrees to grant a Temporary Construction Easements to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
easements.
8. The Temporary Construction Easements shall commence on July 1, 2014, and shall
expire and be of no further force or effect on July 1,2015,or upon the completion of
the Intersection Improvement Project, whichever is earlier.
9. 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 on
the property described in Exhibit C which may interfere with County's full
enjoyment of the rights hereunder;the Temporary Construction Easements includes
all rights and privileges as are necessary or incidental to County's reasonable and
proper use of said easement.
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10. Owner shall retain the mineral estate under the Public Road Right-of-Way,the Utility
Easement and the Temporary Construction Easement,and shall also retain any water
rights currently attached to or associated with the Public Right-of-Way, Utility
Easement and Temporary Construction Easement.
11. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right-
of-Way to County and the Utility Easement to PSCO at the date of closing which
shall be no later than thirty (30) days following the County's execution of this
Agreement.
12. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,the
Utility 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 Deed of Dedication to County and the Easement to
PSCO. 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,
Utility Easement and Temporary Construction Easement.
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, Utility Easement 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,the Utility Easement,on
behalf of PSCO,and the Temporary Construction Easement by County warrant(s)at
the date of closing.
4. County, as a condition of the granting of Temporary Construction Easement
covenants and agrees to restore the property described in Exhibit C to a level
comparable to its original condition.
MISCELLANEOUS:
1. Owner will deliver possession of the Public Road Right-of-Way, Utility Easement,
and Temporary Construction Easement to the County and PSCO on the date the
County deposits a check in the amount of$5,3 . 0 to be held in escrow by Heritage
Title Company for the benefit of the Owner.Up n deposit of the sum of all monetary
consideration set forth above, it is expressly a eed by the parties hereto that the
County, and PSCO, its contractors, agents, mployees/ and all others deemed
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necessary by County, shall have the irrevocable right to possess and use the Public
Road Right-of-Way,Utility Easement and Temporary Construction Easement for the
purposes of constructing the Intersection Improvement Project and the driveway
entrance, and for its daily operation, access and maintenance. These conveyances
shall be deemed to include sufficient land for the construction, operation, access,
repair and maintenance of said Intersection Improvement Project,including the rights
of entry upon,passage over,and deposit of excavated earth, and storage of material
and machinery upon such Public Road Rights-of-Way, Utility Easement and
Temporary Construction Easements as may be useful and necessary.
2. This Agreement and the transfers of the Public Road Right-of-Way,Utility 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.
3. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
4. 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.
5. 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.
6. 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.
7. This Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
8. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
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Steve Moreno. Clerk and Recorder, Weld County, CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
DB FARMS, LLC, a Colorado limited liability company
By: L,l,dbQ Title:�__ ✓
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Douglas ademacher, Chair
JUL 21 2014
ATTEST:
�, ►' '€1
Lida
Weld County Clerk to the Board
Ddputy Clerk to the Board .� ' ( i:V
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Steve Moreno, Clerk and Recorder, Weld County, CO
1111 RAW dIANIth flelli710,I041411In 14, 11111
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EXHIBIT A
PUBLIC ROAD RIGHT OF WAY
EXHIBIT"A"
PROJECT NUMBER:SHO C030-052
PARCEL NUMBER:RW-2
PROJECT CODE:19063
DATE:November 9,2013
DESCRIPTION
A tract or parcel of land No. RW-2 of the Department of Transportation,State of Colorado,
Project Code 19063, Project No. SHO C030-052, containing 2.985 acres, more or less, in
West Half of Section 18,Township 4 North, Range 64 West,of the 6th Principal Meridian, in
Weld County,Colorado,said tract or parcel being more particularly described as follows:
COMMENCING at the West Quarter corner of Section 18, Township 4 North, Range 64
West;
Thence North 00°17'29"West along the west line of the Northwest Quarter of Section 18 a
distance of 15.13 feet;
Thence North 89°42'31"East a distance of 40.00 feet to a point on the existing east right-of-
way line of Weld County Road 49 and being the TRUE POINT OF BEGINNING;
1. Thence South 00°17'29" East along said west right-of-way line a distance
of 15.13 feet;
2. Thence South 00°18'23"East along said west right-of-way line a distance
of 2609.96 feet to a point on the existing north right-of-way line of Weld
County Road 44;
3. Thence North 88°30'40"East along said north right-of-way line a
distance of 999.37 feet to the southwest corner of that parcel of land
described under Reception Number 3877628,recorded in Weld County
Clerk and Recorder's office;
4. Thence North 85°23'51"West a distance of 937.60 feet;
5. Thence North 24°23'45"West a distance of 85.75 feet;
6. Thence North 00°18'23"West a distance of 2430.82 feet;
7. Thence North 00°17'29"West a distance of 12.05 feet to a point on that
line described in"Affidavit to Clarify Boundary Line"under Reception
Number 1985675,recorded in Weld County Clerk and Recorder's office;
8. Thence North 84°26'14" West along said line a distance of 30.16 feet to
the TRUE POINT OF BEGINNING.
The above described parcel contains 130044 sq.ft.or 2.985 acres,more or less.
Basis of Bearings:All bearings are based on the west line of the Southwest Quarter of said
Section 18 as bearing South 00°18'23" East a distance of 2640.80 feet from the West
Quarter corner, a found 3 1/4" aluminum cap LS 220 t the Southwest Corner,a found
PK nail as called out on the Monument Record by I mill nd Surveying,Inc..
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Steve Moreno, Clerk and Recorder, Weld County, CO
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•
EXHIBIT A
PUBLIC ROAD RIGHT OF WAY
U
For and on the Behalf of Weld County
George A.Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
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Steve Moreno, Clerk and Recorder, Weld County, CO
VIII�l�1RY� �F�I�t�l�'P J�I+N�6'hahi�'YIY�htLii �I III
•
EXHIBIT B
UTILITY EASEMENT TO PSCO
PROJECT NUMBER:SHO CO30-052
UTILITY EASEMENT NUMBER:UE-2
PROJECT CODE:19063
DATE:November 9,2013
DESCRIPTION
A Utility Easement No.UE-2 of the Department of Transportation,State of Colorado,Project
Code 19063, Project No.SHO C030-052,containing 0.367 acres,more or less,in Southwest
Quarter of Section 18,Township 4 North, Range 64 West, of the 6th Principal Meridian,in
Weld County,Colorado,said tract or parcel being more particularly described as follows:
COMMENCING at the Southwest corner of Section 18,Township 4 North,Range 64 West;
Thence North 00°18'23"West along the west line of the Southwest Quarter of Section 18 a
distance of 131.69 feet;
Thence North 89°41'37"East a distance of 105.00 feet to the TRUE POINT OF BEGINNING;
1. Thence North 24°23'45"West a distance of 19.44 feet;
2. Thence South 85°23'51"East a distance of 945.21 feet to a point on the
west line of that parcel of land described under Reception Number
3877628,recorded in Weld County Clerk and Recorder's office;
3. Thence South 01°29'20"East along said west line a distance of 17.10 feet
to the southwest corner of said parcel of land described under Reception
Number 3877628;
4. Thence North 85°23'51"West a distance of 937.60 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 16007 sq.R.or 0.367 acres,more or less.
Basis of Bearings: All bearings are based on the west line of the Southwest Quarter of said
Section 18 as bearing South 00°18'23" Fast a distance of 2640.80 feet from the West
Quarter corner,a found 3 1/4" aluminum cap LS 22098,to the Southwest Corner, a found
PK nail as called out on
the
Monument Record by Intermill Land Surveying,Inc..
TeWA
T
s 35593
For and on the Be a of Weld County
George A.Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
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Steve Moreno, Clerk and Recorder. Weld County, CO
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EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT"A"
PROJECT NUMBER:SHO C030-052
TEMPORARY CONSTRUCTION EASEMENT NUMBER:TCE-2
PROJECT CODE:19063
DATE:November 9,2013
DESCRIPTION
A Temporary Construction Easement No.TCE-2 of the Department of Transportation,State
of Colorado, Project Code 19063, Project No. SHO CO30-052,containing 1.077 acres,more
or less, in West Half of Section 18, Township 4 North, Range 64 West, of the 6'h Principal
Meridian,in Weld County,Colorado,said tract or parcel being more particularly described
as follows:
COMMENCING at the West Quarter corner of Section 18, Township 4 North, Range 64
West;
Thence North 00°17'29"West along the west line of the Northwest Quarter of Section 18 a
distance of 12.06 feet;
Thence North 89°42'31"East a distance of 70.00 feet to the TRUE POINT OF BEGINNING;
1. Thence South 00°17'29"East a distance of 12.05 feet;
2. Thence South 00°18'23"East a distance of 2430.82 feet;
3. Thence South 24°23'45"East a distance of 85.75 feet;
4. Thence South 85°23'51"East a distance of 937.60 feet to the southwest
corner of that parcel of land described under Reception Number
3877628,recorded in Weld County Clerk and Recorder's office;
5. Thence North 01°29'20"West along the west line of said parcel of land
described under Reception Number 3877628 a distance of 10.06 feet;
6. Thence North 85°23'51"West a distance of 520.11 feet;
7. Thence North 04°36'09"East a distance of 85.00 feet;
8. Thence North 85°23'51"West a distance of 145.00 feet;
9. Thence South 04°36'09"West a distance of 85.00 feet;
10. Thence North 85°23'51"West a distance of 265.53 feet;
11. Thence North 24°23'45"West a distance of 77.73 feet;
12. Thence North 00°18'23"West a distance of 2428.68 feet:
13. Thence North 00°17'29"West a distance of 11.02 feet to a point on that
line described in"Affidavit to Clarify Boundary Line"under Reception
Number 1985675,recorded in Weld County Clerk and Recorder's office;
14. Thence North 84°26'14"West along said line a distance of 10.05 feet to
the TRUE POINT OF BEGINNING.
The above described parcel contains 46,896 sq.ft.or 1.077 acres,m or less.
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EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
Basis of Bearings:All bearings are based on the west line of the Southwest Quarter of said
Section 18 as bearing South 00°18'23" East a distance of 2640.80 feet from the West
Quarter corner, a found 3 1/4"aluminum cap LS 22098, to the Southwest Corner,a found
PK nail as called out on the Monument Record by Intermill Land Surveying,Inc..
% JE/G/l�f,:
For and on the Behalf of Weld County
George A. Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
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Steve Moreno. Clerk and Recorder, Weld County, CO
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•
EXHIBIT D
After recording,return to:
Public Service Company of Colorado
CIO Western States Land Services, Inc.
505 N. Denver Avenue
Loveland,CO 80537
DIVISION ROW AGENT DOC. NO.
LOCATION DESCRIPTION AUTHOR PLAT/GRID NO.
AUTHOR ADDRESS WO/JO/CREG NO.
UTILITY EASEMENT
DB FARMS, LLC, a Colorado limited liability company ("Grantor"), for good and valuable
consideration the receipt and adequacy of which is acknowledged, hereby grants, sells and conveys to
PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, with an address of 1800
Larimer Street, Attention: Siting and Land Rights, Denver, Colorado 80202 (the "Company"), a perpetual
non-exclusive easement for the transmission and distribution of electricity and related communication
signals on, over, under, and across the following described premises:
SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (the"Easement Area"),
Together with the full right and authority in the Company and its agents, employees and contractors to: (I)
enter the Easement Area at all times to survey, mark and sign the Easement Area or the Facilities (as
defined below), and to construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol,
inspect, improve, enlarge, remove, and maintain electric transmission and distribution lines and related
communication facilities, including towers, poles, and other supports; together with braces, guys, anchors,
cross-arms, cables, conduits, wires, conductors, manholes, transformers, and other fixtures, devices, and
appurtenances used or useful in connection therewith (collectively the"Facilities"); (2) cut, remove, prune
or otherwise control, all trees, brush, and other vegetation on or overhanging the Easement Area; and (3)
use the Easement Area for reasonable access for personnel, equipment and vehicles to and from the
Facilities.
No temporary or permanent wells, buildings, or structures (including without limitation mobile homes or
am trailers) shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other
—<'8w objects shall be erected, placed, or permitted to remain on, under, or over the Easement Area by Grantor,
L'o Nco including trees, shrubs and fences, that may interfere with the Facilities or interfere with the exercise of
ag'oo s•
al
any of the rights granted pursuant to this Easement(this"Easement").
J nm
•-= -0 Subject to the restrictions and limitations set forth herein, Grantor reserves the right to use the Easement
d nn Area for any purpose that does not interfere with, endanger the Facilities, or interfere with the Company's
a !". use of the Easement Area as provided for herein.
g874::u Non-use or a limited use of the Easement Area shall not prevent the Company from thereafter making use
'in"' of the Easement Area to the full extent authorized. Following completion of construction or renovation of
eE mN its Facilities on the Easement Area, the Company shall restore the surface of the Easement Area to as near
k"°s a condition as existed prior to such work as is reasonably practicable, taking into account, among other
sthings, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations
on structures, trees, shrubs, and other objects.
go
No amendment, modification or supplement of this Easement shall be binding on the Company unless
I OE
made in writing and executed by an authorized represent e of the Company. No waiver by the
Page 2 of 2
Company of any provision hereof shall be deemed to have been made unless made in writing and signed by
an authorized representative of the Company.No delay or omission in the exercise of any right or remedy
accruing to the Company upon any breach shall impair such right or remedy or be construed as a waiver of
any such breach or of a subsequent breach of the same or any other term, covenant or condition herein
contained.
The provisions of this Easement shall run with the land, and shall be binding on and burden the Easement
Area and shall be binding upon and shall inure to the benefit of all persons claiming an interest in the
Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, personal
representatives, successors, and assigns of the parties. "Grantor" shall include the singular, plural,
feminine, masculine and neuter.
Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to grant
the easement and rights contained herein. This grant is binding on Grantor, is not conditioned upon
obtaining consent from any third parties, and is not subject to any mortgages or liens, except those for
which Grantor has provided the Company with a consent and subordination agreement.
This Easement incorporates all agreements between the parties as to the subject matter of this Easement
and no prior representations or statements, verbal or written, shall modify or supplement the terms of this
Easement. This Easement consists of the document entitled "Easement" and an Exhibit containing a legal
description and a sketch depicting the legal description if referenced above or attached hereto. No other
exhibit, addendum, schedule or other attachment(collectively"Addendum") is authorized by the Company,
and no Addendum shall be effective and binding upon the Company unless executed by an authorized
representative of the Company.
Executed and delivered this day of , 201_.
GRANTOR: DB FARMS, LLC, a Colorado limited liability company
By: Title:
STATE OF )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2014 by
as of DB FARMS,
LLC, a Colorado limited liability company.
Witness my hand and official seal
My Commission Expires:
Notary Public
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Steve Moreno, Clerk and Recorder, Weld Country CO
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P:\WELDCNTY\C40#15\DB FARMS LLC\Utility Easement w-PSCO 6-25-14.doc
� 861 MEMORANDUM
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EIO: Clerk to the Board DA'II?: August 29, 2014
2- a N- T
FROM: Leon Sievers. Public Works Department
SUI3JFCT: Consent Agenda Item
Doe. No. 2014-2185
Deed of Dedication for Public I lighwav with DB Farms LLC. For WCR 49.
Enclosures
RECEIVED
SLr' 0 2 2Vt
WELD COUNTY
COMMISSIONERS
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DEED OF DEDICATION
FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this /7 day of Q\772014, between DB FARMS,LLC, a Colorado limited
liability company, "Grantor"whose le address is 648 Schwarz Road, Lawrence, Kansas 66049-4504,
Colorado 66049-4504,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 1 150 "0" Street,Greeley,Colorado
80631:
W ITNESSETH:That Grantor,for and inconsideration of the sum of Ten Dollars($10.00)and other
good and valuable consideration and 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 encumbrances and warrants title to that real
being in the County of Weld, State of Colorado, to wit:
property lying and b g
The real property described and shown if the attachedExhibit"A"
EXCEPTING existing easements of record, and
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.
GRANTOR: DB FARMS,L A COLORADO LIMITED LIABILITY�TY COMPANY Cfrbkiv&i.c.Name Title
Date �fZa/ 4
JENNIFER MARIE MAZUR
NSTATE OF COLORADO )
STAT
E OF COLORADO
NOTARY N)10121Wef74
MY CO SS. MMISSION EXPIRES 743201e
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ) day of •D W r" ILL2014, by
9'tia aL S• C a& Oro— as •V Yee i of DB Farms,LLC a Colorado Limited
Liability Company, Grantor.
Witness my hand and official seal.
My commission expires: -ZS—ZO1(i
Notary rublic
4045986 Pages: 1 of' 4
09/15/2019 03:53 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III hFAUNviAOMIdidXifIO IOW AN',N',+Llk 11111
Deed of Dedication Page 1
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0eaN-.2 75
eZ0070
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 day of SepfemheY^ , 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: (� �_ �6
/� K. :K, Ion&laclRademac er , Chair
Weld County Clerk to the Board } I/I`� SEP 0 8 2014
By: li/��� ,/ elk
'1/ `cot mD puty Clerk to the Boardte
�j"YUri
. .,
STATE OF COLORADO ) rib � 1 1�r�
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this *b day off. )k yibe}L, , 2014, by
Thx),l p,L ,Chair, Board of County Commissioners of the County of Wetd.
Witness my hand and official seal.
RAFAEIA ALICIA MARTINEZ
My commission expires:1"e2e2—I NOTARY PUBLIC
STATE OF COLORADO
• NOTARY ID 20144002878
et& alien n MY COMMISSION EXPIRES JANUARY 22,2018
ry Public
4045986 Pages: 2 of 4
09/15/2014 03:53 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
VIII�4�11�'I*�4 ilfh'IIER%LW Maid BM
Deed of Dedication Page 2
P:\WELDCNTY\C40#15\DB FARMS LLC\DB Farms Deed of Dedication 8-15-14.doc
0,70iy—ales
EXHIBIT A
PUBLIC ROAD RIGHT OF WAY
EXHIBIT"A"
PROJECT NUMBER:SHO CO30-052
PARCEL NUMBER:RW-2
PROJECT CODE:19063
DATE:November 9,2013
DESCRIPTION
A tract or parcel of land No. RW-2 of the Department of Transportation, State of Colorado,
Project Code 19063, Project No. SHO C030-052, containing 2.985 acres, more or less, in
West Half of Section 18,Township 4 North, Range 64 West,of the 60 Principal Meridian,in
Weld County,Colorado,said tract or parcel being more particularly described as follows:
COMMENCING at the West Quarter corner of Section 18, Township 4 North, Range 64
West;
Thence North 00°17'29"West along the west line of the Northwest Quarter of Section 18 a
distance of 15.13 feet;
Thence North 89°42'31"East a distance of 40.00 feet to a point on the existing east right-of-
way line of Weld County Road 49 and being the TRUE POINT OF BEGINNING;
1. Thence South 00°17'29" East along said west right-of-way line a distance
of 15.13 feet;
2. Thence South 00°18'23"East along said west right-of-way line a distance
of 2609.96 feet to a point on the existing north right-of-way line of Weld
County Road 44;
3. Thence North 88°30'40"East along said north right-of-way line a
distance of 999.37 feet to the southwest corner of that parcel of land
described under Reception Number 3877628,recorded in Weld County
Clerk and Recorder's office;
4. Thence North 85°23'51"West a distance of 937.60 feet;
5. Thence North 24°23'45"West a distance of 85.75 feet;
6. Thence North 00°18'23"West a distance of 2430.82 feet;
7. Thence North 00°17'29"West a distance of 12.05 feet to a point on that
line described in"Affidavit to Clarify Boundary Line"under Reception
Number 1985675,recorded in Weld County Clerk and Recorder's office;
8. Thence North 84°26'14"West along said line a distance of 30.16 feet to
the TRUE POINT OF BEGINNING.
The above described parcel contains 130044 sq.ft.or 2.985 acres,more or less.
Basis of Bearings:All bearings are based on the west line of the Southwest Quarter of said
Section 18 as bearing South 00°18'23" East a distance of 2640.80 feet from the West
Quarter corner,a found 3 1/4"aluminum cap LS 22098,to the Southwest Corner,a found
PK nail as called out on the Monument Record by Intermit] Land Surveying,Inc..
4045986 Pages: 3 of 4
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Steve IIMoreno,
LLClerk and.rRecorder. Weld County, I1COJII WI
,III�f�1 ICI&R&M:
EXHIBIT A
PUBLIC ROAD RIGHT OF WAY
�aul�wl
siN 35593 tay
For and on the Behalf of Weld County
George A.Robinson,PLS 35593
, 12640 West Cedar Drive,Suite F
Lakewood,CO 80228
4045986 Pages: 4 of 4
09/15/2014 03:53 PM R Fee:$0.00
Steve
Moreno, Clerk and I.,Recorder, Weld County, CO
,III Rf��11■.flll� �■tI %I+Il lr�ll I��� "Ill
*otri: MEMORANDUM
WIlD
C TO: Esther Gesick, Clerk to the Board DATE: September 18, 2014
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Item for Recording
RE: Doc #: 2014-2185 -- Item for recording.
Please record the attached utility easement with DB Farms and return to Public Service Company
of Colorado.
RECEIVED
SEP 19 2014
WELD COUNTY
COMMISSIONFgc
M:\Francie\AGENDA memos\ItemForRecording.docx
et ?w(cclLs')
9/25
After recording,return to:
Public Service Company of Colorado
C/O Western States Land Services. Inc.
505 N. Denver Avenue
Loveland,CO 80537
DIVISION ROW AGENT DOC.NO.
LOCATION DESCRIPTION AUTHOR PLAT/GRID NO.
AUTHOR ADDRESS WO/JO/CREG NO.
UTILITY EASEMENT
DB FARMS, LLC, a Colorado limited liability company ("Grantor"), for good and valuable
consideration the receipt and adequacy of which is acknowledged, hereby grants, sells and conveys to
PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, with an address of 1800
Larimer Street, Attention: Siting and Land Rights, Denver, Colorado 80202 (the "Company"), a perpetual
non-exclusive easement for the transmission and distribution of electricity and related communication
signals on, over, under, and across the following described premises:
SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (the "Easement Area"),
Together with the full right and authority in the Company and its agents, employees and contractors to: (1)
enter the Easement Area at all times to survey, mark and sign the Easement Area or the Facilities (as
defined below), and to construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol,
inspect, improve, enlarge, remove, and maintain electric transmission and distribution lines and related
communication facilities, including towers, poles, and other supports; together with braces, guys, anchors,
cross-arms, cables, conduits, wires, conductors, manholes, transformers, and other fixtures, devices, and
appurtenances used or useful in connection therewith (collectively the"Facilities"); (2) cut,remove,prune
or otherwise control, all trees, brush, and other vegetation on or overhanging the Easement Area; and (3)
use the Easement Area for reasonable access for personnel, equipment and vehicles to and from the
Facilities.
w��� No temporary or permanent wells, buildings, or structures (including without limitation mobile homes or
rop trailers) shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other
Lm o N m objects shall be erected, placed, or permitted to remain on, under, or over the Easement Area by Grantor,
mm including trees, shrubs and fences, that may interfere with the Facilities or interfere with the exercise of
any of the rights granted pursuant to this Easement(this"Easement").
ee
(7..
w� Subject to the restrictions and limitations set forth herein, Grantor reserves the right to use the Easement
aim Area for any purpose that does not interfere with, endanger the Facilities, or interfere with the Company's
use of the Easement Area as provided for herein.
m m �+ Non-use or a limited use of the Easement Area shall not prevent the Company from thereafter making use
m of the Easement Area to the full extent authorized. Following completion of construction or renovation of
its Facilities on the Easement Area, the Company shall restore the surface of the Easement Area to as near
Z.ao
a condition as existed prior to such work as is reasonably practicable, taking into account, among other
Co
t things, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations
Co- on structures, trees, shrubs, and other objects.
- n
o
No amendment, modification or supplement of this Easement shall be binding on the Company unless
made in writing and executed by an authorized representative of the Company. No waiver by the
P_URPOR r Eu
20N-Z1S5
Page 2 of 2
Company of any provision hereof shall be deemed to have been made unless made in writing and signed by
an authorized representative of the Company. No delay or omission in the exercise of any right or remedy
accruing to the Company upon any breach shall impair such right or remedy or be construed as a waiver of
any such breach or of a subsequent breach of the same or any other term, covenant or condition herein
contained.
The provisions of this Easement shall run with the land, and shall be binding on and burden the Easement
Area and shall be binding upon and shall inure to the benefit of all persons claiming an interest in the
Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, personal
representatives, successors, and assigns of the parties. "Grantor" shall include the singular, plural,
feminine, masculine and neuter.
Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to grant
the easement and rights contained herein. This grant is binding on Grantor, is not conditioned upon
obtaining consent from any third parties, and is not subject to any mortgages or liens, except those for
which Grantor has provided the Company with a consent and subordination agreement.
This Easement incorporates all agreements between the parties as to the subject matter of this Easement
and no prior representations or statements, verbal or written, shall modify or supplement the terms of this
Easement. This Easement consists of the document entitled "Easement" and an Exhibit containing a legal
description and a sketch depicting the legal description if referenced above or attached hereto. No other
exhibit, addendum, schedule or other attachment(collectively "Addendum") is authorized by the Company,
and no Addendum shall be effective and binding upon the Company unless executed by an authorized
representative of the Company.
1
Executed and delivered this 7 day of ,-S6 , 201 .
GRANTOR: DB FARMS, LLC, a Colorado limited liability company
By: 1/2a
� Title:
STATE OF dolor-ads
)ss.
COUNTY OF Wet )
The foregoing instrument was acknowledged before me this /D day of 3.45_, 2014 by
Dal vid B co,t+tr as Presic...f of DB FARMS,
LLC, a Colorado limited liability company.
Witness my hand and official seal
��l
My Commission Expires: 3/2-3/I5— �Q:•'•""""••••.lje
i • t. I
j TRACY •
FRITZLER
Notary Public / cAt ;: c t
f
Cie•.. Q4
4047980 Pages: 2 of 3 ll'< OF COt-.
09/23/2014 01:39 PM R Fee:$0.00 *le"
Steve Moreno, Clerk and Recorder: Weld •
Coot. CO
VIIIM!�1F��Rliiiiitet�i�L'Ir.�1�M?r:iI431'X �ddl��dl�lh �IIII
P:AWELDCNTYVC40#I5VDB FARMS LLCAUtility Easement w-PSCO 6-25-I4.doc
EXHIBIT"A"
PROJECT NUMBER:SHO C030-052
UTILITY EASEMENT NUMBER:UE-2
PROJECT CODE: 19063
DATE: November 9,2013
DESCRIPTION
A Utility Easement No.UE-2 of the Department of Transportation,State of Colorado, Project
Code 19063, Project No. SHO C030-052,containing 0.367 acres,more or less, in Southwest
Quarter of Section 18, Township 4 North, Range 64 West, of the Principal Meridian, in
Weld County,Colorado,said tract or parcel being more particularly described as follows:
COMMENCING at the Southwest corner of Section 18,Township 4 North, Range 64 West;
Thence North 00°18'23" West along the west line of the Southwest Quarter of Section 18 a
distance of 131.69 feet;
Thence North 89°41'37" East a distance of 105.00 feet to the TRUE POINT OF BEGINNING;
1. Thence North 24°23'45"West a distance of 19.44 feet;
2. Thence South 85°23'51" East a distance of 945.21 feet to a point on the
west line of that parcel of land described under Reception Number
3877628,recorded in Weld County Clerk and Recorder's office;
3. Thence South 01°29'20" East along said west line a distance of 17.10 feet
to the southwest corner of said parcel of land described under Reception
Number 3877628;
4. Thence North 85°23'51"West a distance of 937.60 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 16007 sq.ft.or 0.367 acres,more or less.
Basis of Bearings: All bearings are based on the west line of the Southwest Quarter of said
Section 18 as bearing South 00°18'23" Fast a distance of 2640.80 feet from the West
Quarter corner,a found 3 1/4" aluminum cap LS 22098, to the Southwest Corner,a found
PK nail as called out on the Monument Record by Intermill Land Surveying,Inc..
oginwi
35593 i;Es=
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eon
For and on the Behr of Weld County
George A. Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
4047980 Pages: 3 of 3
09/23/2014 01:39 P11 R Fee'$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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