HomeMy WebLinkAbout20142743.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT UTILITY EASEMENTS, AND TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION
OF COUNTY ROADS 44 AND 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS -T3 LAND AND INVESTMENT, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Public Road Right-of-Way, Permanent Utility Easements, and Temporary Construction
Easement for Certain Improvements to Intersection of County Roads 44 and 49 between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and T3 Land and Investment, LLC,
P.O. Box 367, Springfield, Nebraska 68059, with terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way,
Permanent Utility Easements, and Temporary Construction Easement for Certain Improvements
to Intersection of County Roads 44 and 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and T3 Land and Investment, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
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2014-2743
EG0070
AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS-T3 LAND AND INVESTMENT, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�
ATTEST:i-�. G1 , , / S /, C�,9' c2 ("\cecia9xc��
cC// �CLto r.C Douglas Rademache , Chair
Weld County Clerk to the Board
• . =�rbara Kirkmeye , Pro-Tern
B L' 1. i 1. ie/ ,'� .�• �-
D y Clerk tot a Bo.j 361
�e-n P. Conway
A DA RM:
�� �...�►�' Mi e Freeman
Il ���
County Attorney ]
l Wi ism F. arcia
Date of signature: 9/110
2014-2743
EG0070
186= MEMORANDUM
, _
'f L it t TO: Clerk to the Board DATE: August 29, 2014
CO-UNTYX
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
RE: WCR 44 & WCR 49 Intersection Improvements
Agreement for the Purchase of Public Road Right-of-Way, Permanent Utility Easement, and
Temporary Construction Easement with T3 Land& Investment LLC.
Enclosures RECEIVED
SEP022014
WELD COUNTY
COMMISSIONERS
M.\Frencie AGENDA memo.Ugende-Leon-3.doc
2014-2743
9- 4 - II
REV 8/6/14
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF WELD
COUNTY ROAD 44 AND WELD COUNTY ROAD 49 BETWEEN T3 LAND &
INVESTMENT LLC, A COLORADO LIMITED LIABILITY COMPANY
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this SF13 day of,%, 2014, by and between T3
LAND & INVESTMENT LLC, A COLORADO LI ITED LIABILITY COMPANY,
whose address is PO Box 367, Springfield, Nebraska 68059, hereinafter collectively referred to
as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as "Public Road Right-of-Way"), and
WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B"
and Exhibit "C" (hereinafter referred to as the "Utility Easements"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "D"
(hereinafter referred to as "Temporary Construction Easement"), and
WHEREAS, County finds it necessary to rebuild and improve 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 a Utility Easement for the benefit of the DCP Midstream,
LP (hereinafter "DCP"), in order to accommodate the relocation of existing natural gas facilities
owned by DCP, and
WHEREAS, County requires a 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,
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Steve Moreno, Clerk and Recorder, Weld County, CO
I I I I I I
VIIIN1�1Rl Nl+ti4�h11�1+�hiG��11�I�lIhlR144h��4Y4� 11111 20:4— 21143
Page 2 of 5
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 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 Seven Thousand
Two Hundred Ninety Seven Dollars, ($7,297.00). The parties acknowledge and
agree that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Utility Easement to DCP described on
Exhibit "E" (a copy of which is attached hereto and made a part hereof by this
reference), for the sum of Five Hundred Dollars, ($500.00). The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. Owner agrees to convey at closing a Utility Easement to PSCO described on
Exhibit "F" (a copy of which is attached hereto and made a part hereof by this
reference), for the sum of Five Hundred Dollars, ($500.00). The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
4. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easements described on Exhibit "D" (a copy of which is attached hereto and
made a part hereof by this reference), for the sum of Three Hundred Dollars,
($300.00). The parties acknowledge and agree that said purchase price represents
full, fair and valuable consideration.
5. 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.
6. 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.
7. Owner agrees to grant the Utility Easement to PSCO by Easement, in the form
attached hereto as Exhibit "F", free and clear of all liens and encumbrances,
except existing easements.
8. 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.
9. 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.
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Steve Moreno, Clerk and Recorder, Weld County, CO
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10. Owner shall not, during the term of the Temporary Construction Easement, erect
or construct, or allow to be erected or constructed, any building or other structures
on the property described in Exhibit D 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.
11. 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.
12. 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.
13. 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 Easements and
Temporary Easement.
2. County shall pay all fees associated with recording this Agreement and / or the
Deed of Dedication and reimburse Owner for its reasonable appraisal costs.
>.* 3. County shall pay Owner for the Public Road Right-of-Way, the Utility
QJ Easements, on behalf of PSCO, and the Temporary Construction Easement by
G County warrant(s) at the date of closing.
D
S3ai
°'vas 4. County, as a condition of the granting of Temporary Construction Easement
Cdm
°LLo covenants and agrees to restore the property described in Exhibit D to a level
"'(t o-em comparable to its original condition. The existing windrow of trees along the east
ma q d side of Owners home shall be protected and not damaged during construction.
am-a.
a a rOol-a
5. County shall reimburse the Owner the sum of $5,624.00 for the loss of existing
a improvements taken by the Project including 388 sf of existing driveway, 48 lf of
existing log fencing, an existing metal archway and 54 lf of barbed wire fencing
or.r a-
Lo'Ll v located within RW-1 REV.
a�>=
Page 4 of 5
6. County shall reimburse the Owner the sum of$19,988.00 for the cost to construct
and replace a new driveway and associated fencing to Owner's existing home site
adjacent to parcel RW-1 REV.
MISCELLANEOUS:
I. Owner will deliver possession of the Public Road Right-of-Way, Utility
Easements, and Temporary Construction Easement to the County and PSCO on
the date the County deposits a check in the amount of $34,209.00 to be held in
escrow by Heritage Title Company for the benefit of the Owner. Upon deposit of
the sum of all monetary consideration set forth above, it is expressly agreed by
the parties hereto that the County, and PSCO, its contractors, agents, employees
and all others deemed necessary by County, shall have the irrevocable right to
possess and use the Public Road Right-of-Way, Utility Easements 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 Easements and Temporary Construction
Easements as may be useful and necessary.
2. This Agreement and the transfers of the Public Road Right-of-Way, Utility
Easements 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.
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Steve Moreno, Clerk and Recorder, Weld County, CO
k4Lh41{NU,iiY+r4Wl 11111
Page 5 of 5
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
I 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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
T3 LAND & INVESTMENT LLC, A Colorado Limited Liability Company
By: (J G Title: Presl A1"
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
eOO.) 16„-� t,„
Dougla Rademacher, Chair
wow SEP 0 8 2014
ATTEST: t
1 . 1. E
,dtl ai .l�;6k. �`` . .
tWeld County Clerk to the Board tt�\ ;0
.I sr Mile
t`Zi I NA.. �,
UI
De t
uty Clerk to the Board
4045981 Pages: 5 of 9
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Steve Moreno, Clerk and Recorder, Weld County, CO
IIIIMI !CROALIi+'IWIVI '1 iiOE'II'tiTivi II111
P:\WELDCNTY\C40#I5\T3 LAND&INVEST\T3 Agreement 6-25-14.doc
aaiy a 7Y3
EXHIBIT"A"
PROJECT NUMBER:SHO CO30.052
PARCEL NUMBER:RW-1 Rev
PROJECT CODE:19063
DATE:April 18,2014
DESCRIPTION
A tract or parcel of land No. RW-1 Rev of the Department of Transportation, State of
Colorado, Project Code 19063, Project No.SHO C030-052,containing 5.953 acres,more or
less, in Southeast Quarter of Section 13, Township 4 North, Range 65 West, of the 6th
Principal Meridian, in Weld County, Colorado,said tract or parcel being more particularly
described as follows:
COMMENCING at the East Quarter corner of Section 13,Township 4 North,Range 65 West;
Thence North 89°23'42"West along the north line of the Southeast Quarter of Section 13 a
distance of 40.00 feet to a point on the existing west right-of-way line of Weld County Road
49 and being the TRUE POINT OF BEGINNING;
1. Thence South 00°18'23" East along said west right-of-way line a distance
of 2640.33 feet to a point on the south line of said Southeast Quarter;
2. Thence North 88°43'38"West along said south line a distance of 1643.25
feet;
3. Thence North 00°04'42"East a distance of 92.03 feet;
4. Thence North 89°53'46"East a distance of 1582.02 feet;
5. Thence North 44°47'42"East a distance of 42.35 feet;
6. Thence North 00°18'23"West a distance of 2479.19 feet to a point on the
north line of said Southeast Quarter;
7. Thence South 89°23'42" East along said north line a distance of 30.00 feet
to the TRUE POINT OF BEGINNING.
The above described parcel contains 259,292 sq.ft.or 5.953 acres,more or less.
Basis of Bearings: All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner, a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermill Land Surveying,Inc..
41 IL RcelA%
1% 3550
` ... .;•
For and on the Behalf of Weld County
George A.Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228 4045981 Pages: 6 of 9
09/15/2014 03:46 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
•III KAT 'UN E' EIIII
EXHIBIT B
TO DCP Midstream.LP
PROJECT NUMBER:SHO CO30-052
UTILITY EASEMENT NUMBER:UE-1A
PROJECT CODE:19063
DATE:November 9,2013
DESCRIPTION
A Utility Easement No. UE-1A of the Department of Transportation, State of Colorado,
Project Code 19063, Project No. 5140 C030-052, containing 0.021 acres, more or less, in
Southeast Quarter of Section 13, Township 4 North, Range 65 West, of the 6th Principal
Meridian,in Weld County, Colorado,said tract or parcel being more particularly described
as follows:
COMMENCING at the Southeast corner of Section 13,Township 4 North,Range 65 West;
Thence North 00°18'23" West along the east line of the Southeast Quarter of Section 13 a
distance of 149.76 feet;
Thence South 89°41'37"West a distance of 83.00 feet to the TRUE POINT OF BEGINNING;
1. Thence South 89°53'46"West a distance of 29.09 feet;
2. Thence North 00°06'14"West a distance of 24.00 feet;
3. Thence North 89°53'46"East a distance of 42.00 feet;
4. Thence South 00°18'23"East a distance of 11.00 feet;
5. Thence South 44°47'42"West a distance of 18.35 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 925 sq.ft.or 0.021 acres,more or less.
Basis of Bearings:All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner, a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermill Land Surveying,Inc.
ifY
vDdr„.355lia ?
//6//4r
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
BD M��1 miltYh iliNµribmitUfiroirril Y4 11111
EXHIBIT C
TO PSCO
PROJECT NUMBER:SHO C030-0S2
UTILITY EASEMENT NUMBER:UE-1B
PROJECT CODE:19063
DATE:November 9,2013
DESCRIPTION
A Utility Easement No. UE-1B of the Department of Transportation, State of Colorado,
Project Code 19063, Project No. SHO C030-052, containing 0.376 acres, more or less, in
Southeast Quarter of Section 13, Township 4 North, Range 65 West, of the 6th Principal
Meridian, in Weld County,Colorado,said tract or parcel being more particularly described
as follows:
COMMENCING at the Southeast corner of Section 13,Township 4 North,Range 65 West;
Thence North 00°18'23"West along the east line of the Southeast Quarter of Section 13 a
distance of 132.82 feet;
Thence South 89°41'37" West a distance of 100.00 feet to the TRUE POINT OF
BEGINNING;
1. Thence South 89°53'46"West a distance of 954.32 feet;
2. Thence North 00°06'14"West a distance of 17.00 feet;
3. Thence North 89°53'46"East a distance of 971.26 feet;
4. Thence South 44°47'42"West a distance of 24.00 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 16367 sq.ft.or 0.376 acres,more or less.
Basis of Bearings: All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner, a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermit!Land Surveying,Inc.
Foot
it
For and on the Behalf of Weld County
George A.Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
4045981 Pages: 8 of 9
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$0.00
Steve Moreno, Clerk and 1VraP�L� R,�4.Vi�lPALIIMt��.w�W4� ����I
EXHIBIT D
PROJECT NUMBER:SHO C030-052
TEMPORARY CONSTRUCTION EASEMENT NUMBER:TCE-1 Rev
PROJECT CODE: 19063
DATE:April 18,2014
DESCRIPTION
A Temporary Construction Easement No.TCE-1 Rev of the Department of Transportation,
State of Colorado, Project Code 19063, Project No.SHO C030-052, containing 0.951 acres,
more or less,in Southeast Quarter of Section 13,Township 4 North, Range 65 West,of the
6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more
particularly described as follows:
COMMENCING at the East Quarter corner of Section 13,Township 4 North,Range 65 West;
Thence North 89°23'42"West along the north line of the Southeast Quarter of Section 13 a
distance of 70.01 feet to the TRUE POINT OF BEGINNING;
1. Thence South 00°18'23"East a distance of 2479.19 feet;
2. Thence South 44°47'42"West a distance of 42.35 feet;
3. Thence South 89°53'46"West a distance of 1582.02 feet;
4. Thence North 00°06'14"West a distance of 10.00 feet;
S. Thence North 89°53'46"East a distance of 969.31 feet;
6. Thence North 00°06'14"West a distance of 10.00 feet;
7. Thence North 89°53'46"East a distance of 50.00 feet;
8. Thence South 00°06'14"East a distance of 10.00 feet;
9. Thence North 89°53'46"East a distance of 558.56 feet;
10. Thence North 44°47'42"East a distance of 34.05 feet;
11. Thence North 00°18'23"West a distance of 2475.20 feet to a point on the
north line of said Southeast Quarter;
12. Thence South 89°23'42"East along said north line a distance of 10.00
feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 41,444 sq.ft.or 0.951 acres,more or less.
Basis of Bearings: All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner,a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermill Land Surveying,Inc..
• l
For and on the Behalf of Weld County •
George A.Robinson,PLS 35593 � t
12640 West Cedar Drive,Suite F 35543
Lakewood,CO 80228 S 0//114.
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Steve Moreno. Clerk and Recorder, Weld County, CO
VIII�4�1L N 'MI+�li��'WLhF i�Gll+tiftf�K�w� �hYls� 11111
MEMORANDUM
W� D C TO: Esther Gesick, Clerk to the Board DATE: September 18, 2014
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Item for Recording
RE: Doc #: 2014-2743 -- Item for recording.
Please record the attached Utility Easement and the Pipeline ROW Grant (Exhibit E) with T3
Investments, LLC and return to Public Service Company of Colorado.
RECEIVED
SEP 19 2014
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\IlemForRecording-1.docx
co( cics)
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EXHIBIT E
PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF the sum of Ten and More (510.00+) DOLLARS for the
pipeline and two pig launching stations to be constructed under the terms hereof, to be paid after
a survey establishing the route of the line has been completed, and before construction is
commenced, I/WE,
T3 Land & Investment, LLC
23659 Weld County Road 44
LaSalle, Colorado 80645
hereinafter referred to as "Grantor" does hereby grant, sell, convey, and warrant to DCP
Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right,
privilege and exclusive easement within the property described in Exhibit B attached hereto for
the purpose and from time to time, of operating, inspecting, maintaining, protecting, repairing,
replacing, change the size and removing a pipeline or pipelines, the launching stations, or other
appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and
derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing,
upon and along a route through the following described land located in WELD County, State of
COLORADO, to wit:
Township 4 North, Range 65 West of the 6th P.M.
Section 13: SE/4
Said permanent exclusive easement being more particularly described on Exhibit "B"
attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline or lines, and
appurtenances, on, over, and across said land and adjacent land of Grantor.
Grantee shall have the right to construct, install, operate, maintain, inspect, repair, replace,
change, and/or remove either or both of the pig launching stations, pipeline(s) and appurtenances
with an by-passes, cross-overs, scraper traps or other materials, apparatus, and equipment used in
connection therewith or incident thereto, inclusive of the right, if Grantee so desires, to build
such fences and structures as may be necessary to enclose the same, or any part thereof, on the
described land.
It is agreed that the pipeline or lines associated with the pig launching stations which will be laid
under this grant shall be constructed a minimum depth of forty-eight (48) inches below the
surface of the ground to permit normal cultivation at the time of construction, and Grantor shall
have the right to fully use and enjoy the above described premises subject to the rights herein
granted.
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its
original condition and reseed the same as soon as possible.
Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein
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Steve Moreno Clerk and Recorder. Weld County. CO■IIIliMenl JiiVIVI i! JWALJil� Y}�+,Ii Ill III q oH- 274
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granted permanent right-of-way, and Grantor agrees not to build, construct or create any
buildings, structures or engineering works on the herein granted right-of-way that will interfere
with the normal operation and maintenance of said line or lines.
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all
damages to crops, timber, fences, drain tile, or other improvements on said premises that may
arise after the initial construction of the pig launching stations and pipelines from the exercise of
the rights herein granted; provided, however, that after the pipeline or lines has been constructed
hereunder, Grantee shall not be liable for damages caused on the easement by keeping said
easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any
payment due hereunder may be made direct to the said Grantor or any one of them.
It is further agreed that the said Grantee, its successors or assigns, may at any time lay an
additional pipeline along side of the said first line within the permanent x foot easement
utilizing said temporary construction easement as necessary for the installation of said additional
line.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its
successors and assigns, as long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this [o day of
A rr 2014, signed, sealed, and delivered in the presence of:
T3 LAND & 11"VEST1V1ENT, LLC
By: UIIw.X%
M121 ti;
moo'01-1 Title: C`-S(6
?gym `3 STATE OF COLORADO )
apA
) SS.
r;to-O COUNTY OF WELD )
rid vm
The foregoing instrument was acknowledged before me this 6 day of A1/4 c.,14
2014, by DAusbL i3YRAJ TIMMe�aa✓ as erte.neec-r of T3 Land &
Mrs)
N
2, Investment, LLC, Owner.
w
a-am Witness my hand and official seal.
n
Notary Public
My commission expires: _Z ° t� aOpL me
NOTARY ID200940337S0
_ MVOCIWASSION WIRES
P:AWELDCNTYVC40#15\T3 LAND Sc INVEST\ROW Grant to DCP.doc
EXHIBIT a
TO['CP Mmstream,LE
PROJECT NUMBER: SHO CO30-052
UTILITY EASEMENT NUMBER:UE-1A
PROJECT CODE: 19063
DATE:November 9,2013
DESCRIPTION
A Utility Easement No. tlI 1A of the Department of Transportation. State of Colorado,
Project Code 19063, Project No_ SHO C030-052, containing 0.021 acres, more or less, ;n
Southeast Quarter of Section 13, Township 4 North. Range 65 West, of the 6't' Principal
Meridian, to Weld County, Colorado,said tract or parcel being more particularly described
as follows.
COMMENCING at the Southeast corner of Section 13,Township 4 North, Range 65 West;
Thence North 00°18'23' West along the east line of the Southeast Quarter of Section 13 a
distance of 149.76 feet;
Thence South 89°41'37"West a distance of 83.00 feet to the TRUE POINT OF BEGINNING;
1. Thence South 89°53'46"West a distance of 29.09 feet;
2. Thence North 00°06'14"West a distance of 24.00 feet;
3. Thence North 89°53"46" East a distance of 42.00 feet;
4. Thence South 00°18'23" East a distance of 11.00 feet;
5. Thence South 44°47'42"West a distance of 18.35 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 925 sq.ft.or 0.021 acres,more or less.
Basis of Bearings: All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner, a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermill Land Surveying,Inc.
35593 gaff=
e• zs
• !/6714;x,=
„„
For and on the Behalf of Weld County
George A. Robinson, P1,5 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
4047979 Pages: 3 of 3
09/23/2014 01 :39 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIKi�11N�t1 �tl�h4'��tt�'h+lltlkd�4tKft'+�++4Cf� (iii 11111
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.
Phil B. Mazur
LOCATION DESCRIPTION AUTHOR PLAT/GRID NO.
George A.Robinson
AUTHOR ADDRESS WO/JO/CREG NO.
UTILITY EASEMENT
T3 LAND & INVESTMENTS, 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"C" 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.
No temporary or permanent wells, buildings, or structures (including without limitation mobile homes or
trailers) shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other
m objects shall be erected, placed, or permitted to remain on, under, or over the Easement Area by Grantor,
x3w� including trees, shrubs and fences, that may interfere with the Facilities or interfere with the exercise of
▪ m any of the rights granted pursuant to this Easement (this "Easement").
=I▪moA
�m Subject to the restrictions and limitations set forth herein, Grantor reserves the right to use the Easement
sum Area for any purpose that does not interfere with, endanger the Facilities, or interfere with the Company's
t3A use of the Easement Area as provided for herein.
a r•
•—_•T
Non-use or a limited use of the Easement Area shall not prevent the Company from thereafter making use
am -., of the Easement Area to the full extent authorized. Following completion of construction or renovation of
w its Facilities on the Easement Area, the Company shall restore the surface of the Easement Area to as near
� m a condition as existed prior to such work as is reasonably practicable, taking into account, among other
�� things, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations
on structures, trees, shrubs, and other objects.
r.�
o No amendment, modification or supplement of this Easement shall be binding on the Company unless
NE NE made in writing and executed by an authorized representative of the Company. No waiver by the
NO
PURPORTED Cod2olN Z?,43
Page 2 oft
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 Auc, !rST , 201 5(
GRANTOR: T3 LAND & INVESTMENTS,LLC,a Colorado limited liability a company
By: ? Title: P`25((� �'
STATE OF 0013046.3
)ss.
COUNTY OF LJFc11 )
The foregoing instrument was acknowledged before me this (P day 2014 by
•
Vautec 43784.' as tPACs r off 3 Land &
Investments, LLC, A Colorado Limited Liability Company.
Witness my hand and official seal �RYpAWR
IC
OVATE OF COLORADO
NOTARY 10 200940Z.t700
My Commission Expires: MYCOMMIE310R ExP�RE8 t640HF
Notary Public
4047981 Pages: 2 of 3
09/23/2014 01:39 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County. CO
lIIIMI�1��i'IK�ili?����I'k7f���Y1aVJtiYtL�l4}I' II III
P:AWELDCNTYVC40k15AT3 LAND& INVESTThiility Easement w-PSCO 6-25-14.doc
EXHIBIT C
TO PSCO
PROJECT NUMBER:SHO C030-052
UTILITY EASEMENT NUMBER:UE-1B
PROJECT CODE: 19063
DATE:November 9,2013
DESCRIPTION
A Utility Easement No. UF.-1I3 of the Department of Transportation, State of Colorado,
Project Code 19063, Project No. SHE C030-052, containing 0.376 acres, more or less, in
Southeast Quarter of Section 13, Township 4 North, Range 65 West, of the 60 Principal
Meridian, in Weld County,Colorado, said tract or parcel being more particularly described
as follows:
COMMENCING at the Southeast corner of Section 13,Township 4 North, Range 65 West;
Thence North 00°18'23" West along the east line of the Southeast Quarter of Section 13 a
distance of 132.82 feet;
Thence South 89°41'37" West a distance of 100.00 feet to the TRUE POINT OF
BEGINNING;
1. Thence South 89°53'46"West a distance of 954.32 feet;
2. Thence North 00°06'14"West a distance of 17.00 feet;
3. Thence North 89°53'46"East a distance of 971.26 feet;
4. Thence South 44°47'42"West a distance of 24.00 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 16367 sq.ft.or 0.376 acres,more or less.
Basis of Bearings: All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner, a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermill Land Surveying, Inc.otnitunfullo
OnVD0
-tal` G 35593 g sEs_
51
S
•
For and on the Behalf of Weld County
George A.Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
4047981 Pages: 3 of 3
09/23/2014 01 :39 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County, CO
VIII i 1 I'l M lti'FI Bill
=861 MEMORANDUM
Alf r ® TO: Clerk to the Board DATE: October 22, 2014
2 OPWrY
FROM: Leon Sievers, Public Works Department
SUBJECT: Consent Agenda Items
RE: WCR 49/44 Project
Doc#2014-2743
RECEIVED
Deed of Dedication with T3 Land&Investment LLC.
OCT 2 3 2014
One original of each is attached.
WELD COUNTY
Enclosures COMMISSIONERS
M:FnncieUGENDA nwmo&A.ende-Lcon-J.doc
Cam- awls , (FC/13)
/0-01,-7.,20/tfr 010/4-017€3
640070
II - 3- 12
DEED OF DEDICATION
THIS DEED, made this aj7 day of A U J, 2014, between T3 LAND & INVESTMENT LLC, a
Colorado limited liability company,"Grantor"whose legal address is whose address is 23659 Weld County
Road 44,LaSalle,Colorado 80645,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"O"Street,
Greeley,Colorado 80631:
WITNESSETH:That Grantor,for 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(1Xa), 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"("Public Road Right-of-Way").
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, 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.
T3 LAND& INVESTMENT LLC,a Colorado limited liability company
By: �ilw
Title: .Presl4 9.CF
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 3 day of 0 G 3/41•-e r ,2014,by Daniel
Byrn Timmerman as President of T3 Land&Investment,LLC,Owner.
Witness my hand and official seal. 141.0.4t.
Notary blic Y�C
My commission expires: 7—2 S — 16 1 If
JENNIFER MARIE MAZUR
NOTARY PUBLIC
STATE OF COLORADOF
4058013 20 Pages: 1 eofe 4 MY COMMI NOTARY 20124048274R7
Moren 02:39 an R order, .00
Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIKIM icsithaVLIAIDIIJi i 11111
Deed of Dedication Page 1
\\ZIRKEL\data\WELDCNTY\C40#15\T3 LAND&INVEST\T3 Deed of Dedication 9-26-14.doc
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 Road
Right-of-Way),pursuant to Colorado Revised Statute 43-2-201(1Xa).
Dated this Ai day of Dekker- , 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST:� �
�/
La Barbara Kir . eyer, Pro-Tem
C) 272014
Weld County Clerk to the Board! S,
BY: �� �.L�!. 1111% t+"
D:.uty Clerk to the Board
'C ® 1.
t�l�
STATE OF COLORADO )
ss.
COUNTY OF WELD ) n
The foregoing instrument was acknowledged before me this2dayof BCtQbeit , ,2014 ,
by,Ntxtaxi,„Chair,Board of County Commissioners of the County of Weld.
litixKftuAiths PIL0-Tvn
Witness my hand and official seal.
My commission expires: j4.Il1.ln w 9D1 o?0!S RAFAELA AAA NIARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
o NOTARY E>aIRESwEs�w AIM roIM
J Ir n9 � cawylsssla+ n.
No Public �\JJ
4058013 Pages: 2 of 4
10/30/2014 02:39 P11 R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
Ell VAMP, llEINICIdihkili+kl6i klig:iKati 11111
Deed of Dedication Page 2
\\ZIRKEL\data\WELDCNTY\C40#I5\T3 LAND&INVEST\T3 Deed of Dedication 9-26-14.doc
ACM/178
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number:RW-1 Rev(EXHIBIT"Al
STA.199+17.57 Lt.to STA.215+60.19 Lt.(WCR 44 Align.)
STA 37+97.49 Lt.to STA.64+37.96 Lt.(WCR 49 Align.)
FROM
T3 Land&Investment,LLC
23659 County Road 44
Lasalle,CO 80645
FOR
Project Code:19063
Project Number:SHO C030-052
Location:WCR 44&49
4058013 Pages: 3 of 4
10/30/2014 02:39 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
iii FAMII.1/211fflik likl rliti allril:1,0I d BIM M
EXHIBIT"A"
PROJECT NUMBER:SHO C030-052
PARCEL NUMBER:RW-1 Rev
PROJECT CODE:19063
DATE:April 18,2014
DESCRIPTION
A tract or parcel of land No. RW-1 Rev of the Department of Transportation, State of
Colorado,Project Code 19063,Project No.SHO C030-052,containing 5.953 acres,more or
less, in Southeast Quarter of Section 13, Township 4 North, Range 65 West, of the 6t^
Principal Meridian,in Weld County,Colorado, said tract or parcel being more particularly
described as follows:
COMMENCING at the East Quarter corner of Section 13,Township 4 North,Range 65 West;
Thence North 89°23'42"West along the north line of the Southeast Quarter of Section 13 a
distance of 40.00 feet to a point on the existing west right-of-way line of Weld County Road
49 and being the TRUE POINT OF BEGINNING;
1. Thence South 00°18'23" East along said west right-of-way line a distance
of 2640.33 feet to a point on the south line of said Southeast Quarter;
2. Thence North 88°43'38"West along said south line a distance of 1643.25
feet;
3. Thence North 00°04'42"East a distance of 92.03 feet;
4. Thence North 89°53'46"East a distance of 1582.02 feet;
5. Thence North 44°47'42"East a distance of 42.35 feet;
6. Thence North 00°18'23"West a distance of 2479.19 feet to a point on the
north line of said Southeast Quarter;
7. Thence South 89°23'42"East along said north line a distance of 30.00 feet
to the TRUE POINT OF BEGINNING.
The above described parcel contains 259,292 sq.ft.or 5.953 acres,more or less.
Basis of Bearings:All bearings are based on the east line of the said Southeast Quarter as
bearing South 00°18'23" East a distance of 2640.80 feet from the East Quarter corner, a
found 3 1/4"aluminum cap LS 22098,to the Southeast Corner,a found PK nail as called out
on the Monument Record by Intermill Land Surveying,Inc..
, � .For and on the Behalf of Weld County
George A.Robinson,PLS 35593
12640 West Cedar Drive,Suite F
Lakewood,CO 80228
4058013 Pages: 4 of 4
10/30/2014 02:39 PM R Fee:
$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
YG11X.IV tI't 11111
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