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Home My WebLink About20141016.tiff RESOLUTION RE: APPROVE EASEMENT PURCHASE AGREEMENT, PERMANENT EXCLUSIVE SEWER EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -CITY OF GREELEY 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 Easement Purchase Agreement, Permanent Exclusive Sewer Easement and Temporary Construction Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, with terms and conditions being as stated in said agreement and easements, and WHEREAS, after review, the Board deems it advisable to approve said agreement and easements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Easement Purchase Agreement, Permanent Exclusive Sewer Easement and Temporary Construction Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of March, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -p ATTEST: C/ta(a44, fd xs;� Dougla adema r, Chair Weld County Clerk to the BoardZ. +� ; La, �rbara KirkmeYer, Pro-Tent BY: De•1 ty Clerk to the Bo- n P. Conway APP D AS RM: e Mike �nt ttorney it?A/ William F. Garcia Date of signature: / / 0'ug. b CC: PW(Ls, bD , CK)-AA) C (SFr) Cvtli ns,, 3.31 c/g1)24 ' 2014-1016 J ! PR0034 Cityof 3f reele ; i Y r tllv` f APR 6 Z01 7, April 14,2014 82/ Weld County ATTN: Stephanie Arries, Asst. Weld County Atty 1150 O Street Greeley, CO 80631 RE: NGS-18 Weld County—Easement Acquisition Permanent Easement—ROW #416 Temporary Construction Easement—ROW#417 Easement Purchase Agreement—ROW#418 Dear Ms. Arries: Thank you for your cooperation and patience in finalizing the Easement documents for the City's pipeline project. As promised, enclosed for your records is a copy of the following: 1. ROW 416 Permanent Easement, recorded on April 11, 2014 Reception No. 4008561 recorded in Weld County Recorder's Office. 2. ROW 417 Temporary Construction Easement. 3. ROW 418 Easement Purchase Agreement As information,the compensation check in the amount of$5,716.00 was processed and mailed directly to you from the City's Finance Department. If you have any questions or need any additional information concerning the project and the construction, please contact Phill Carter, Project Manager @ 970-350-9826. Sincerely, "AA, Sylvia barra, Right of Way Agent H. C. Peck&Associates, Inc. Representing, City of Greeley Water& Sewer Department Enclosure: Permanent Easement—ROW#416 Temporary Construction Easement—ROW#417 Easement Purchase Agreement—ROW#418 Water and Sewer Department • 1100 10th Street,Suite 300,Greeley,CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. MEMORANDUM DATE: March 7, 2014 t N T YJ Illy TO: Board of County Commissioners, B. Barker, D. Warden, L. Sievers, D. Bauer, E. Relford, C. Kimmi, R. Dixon FR: Stephanie Arries, Assistant Weld County Attorney RE: City of Greeley Purchase of Sewer Easement from Weld County The City of Greeley has presented the Board of County Commissioners of Weld county Colorado with a proposal to purchase a temporary construction easement and a permanent easement for the construction of a sewer line from Weld County. This new facility will support the expansion of the jail. This matter has been circulated to and comments received by the following Public Works Employees: Leon Sievers, Rebecca Dixon, David Bauer, Elizabeth Relford, Clay Kimmi. The location of the easement lies within the Weld County Administration Campus. The sewer line easement will run just outside the slurry wall of the County's Geisert Pit—but will be within the mine permit area. Therefore, the City will pay $216 to the County and the County will draft and submit a Technical Revision to the DRMS. Additionally, the County has sought assurance that access to the Geisert pit area will not be hampered, as it is likely that gravel will have to be removed from the pit during construction of the sewer line. The City, in turn, has assured the County that it will not interfere with that assess. Because of the location of the permanent easement and temporary construction easement, access to the Food Bank, the Training Center and the Community Corrections Center may be impacted during construction. However, the City has assured the County that maintaining access during construction of water and sewer lines is an issue with which it is very familiar and that access will not be a prevented. Finally, as the County drives/moves very heavy equipment across the easement in the public works area, the City has agreed to either bury the pipe at least seven(7) feet or encase it to prevent damage. The city has offered to pay the County $4,700.00 for the permanent easement and $800.00 for the temporary construction easement, and $216.00 for the application to DRMS. The easements amounts are based upon an appraisal performed by Foster Valuation, a firm used by Weld County in its efforts to acquire land for its road construction projects. The amount was reviewed by Rebecca Dixon, Right- of-Way Specialist in the Public Works Department, and found to be appropriate. A Work Session has been requested by Bruce Barker. 2014-1016 Cityof , 'y Greeley ada REVISED NOTICE OF INTENT TO ACQUIRE EASEMENTS Hand Delivered March 4,2014 Weld County ATTN: Stephanie Arries,Asst. Weld County Atty 1150 O Street Greeley, CO 80631 RE: Parcel#080331000059—NGS-18 Weld County-Easement Acquisition City of Greeley—Sewer Pipeline Project,North Greeley Sewer Phase II Interests to be Acquired: Varied Width "Permanent Exclusive Sewer Easement" 30 foot wide "Temporary Construction Easement" Easement Description: A portion of Section 31, T 6N,R 65 W, described in Property Descriptions and depicted on Exhibit Maps attached to Easement Documents Dear Ms. Arries: We have accepted all of the changes Weld County requested. In addition,we have added an Easement Purchase Agreement. We added the language for the DBMS permit in this agreement and deleted it from the Permanent Easement. The following documents, including descriptions of the property interests to be acquired,are enclosed for your review: 1) Permanent Exclusive Sewer Easement(1-29-2014) 2) Temporary Construction Easement(1-29-2014) 3) Easement Purchase Agreement It is the City of Greeley's policy and obligation to pay the fair market value for the property interests along with any damages that are a direct consequence of this acquisition. The City endeavors to accurately determine the fair value for property interests to be acquired, and has hired a local company, Foster Valuation to conduct the appraisal(copy enclosed). Based on the valuation analysis,the City offers to pay: 1) $4,700.00 for the Permanent Exclusive Sewer Easement 2) $ 800.00 for the Temporary Construction Easement 3) $ 216.00 for DBMS Permit for a total one-time cash payment of $5,716.00. Water and Sewer Department • 1100 10th Street,Suite 300,Greeley,CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. NGS-18 Weld County March 4, 2014 Page 2 of 3 If you accept this offer,please arrange to have a representative of Weld County: 1) Sign and return the duplicate copy of this letter. 2) Sign, have notarized, and return the Original of the Permanent Exclusive Sewer Easement. 4) Sign,have notarized, and return the Original of the Temporary Construction Easement. 5) Sign, and return the duplicate copy of the Easement Purchase Agreement 6) Fill out and return the W-9 Taxpayer Identification Form. In order for the City to proceed with this project on schedule, please complete and return items 1-4 above within 21 days of the receipt of this letter. Upon receipt of the above completed documents, Greeley will send a check for$5,716.00 to you and record the Permanent Exclusive Sewer Easement. A copy all documents will be provided to you when available. Because the estimated value of the property interests exceeds $5,000, pursuant to C.R.S. § 38-1-121,the City of Greeley will reimburse you for the reasonable costs of employing an appraiser of your choosing to appraise the property interests to be acquired. In order to be reimbursed for your appraisal,the following conditions must be met: The appraisal is made using sound, fair, and recognized appraisal practices which are consistent with law; the value of the land or property actually taken shall be the fair market value thereof; and a copy of your appraisal is submitted to Greeley within 90 days of the receipt of this letter. If more than one person has an interest in the subject property, and all such persons cannot agree on an appraisal to be submitted, Greeley will be relieved of any obligation to pay for the appraisals that may be submitted to it pursuant to this letter and C.R.S. § 38-1-121. You should be aware that pursuant to C.R.S. § 12-61-701 et. seq., real estate appraisers are required to be registered, licensed, or certified in Colorado by the Board of Real Estate Appraisers. If you have further questions, please contact me at(970) 350-9826 or Sylvia Ybarra,ROW Agent,with H. C.Peck and Associates at(970)350-9709. Thank you for your continued cooperation with this project. Sincerely, Phill Carter,P.E. Project Manager Enclosure: 1) Permanent Exclusive Sewer Easement(1/29/2014) 2) Temporary Construction Easement(1/29/2014) 3) Easement Purchase Agreement 4) Compensation Summary(3/4/2014) 5) W-9 form Water and Sewer Department • 1100 10th Street,Suite 300,Greeley CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. + NGS-18 Weld County March 4, 2014 Page 3 of 3 PROPERTY OWNER ACCEPTANCE: By: S. Ce5 TV eanG crib, 1 if Weldunty, Colorado, a body corporate and politic of the State of Colorado Date: MAR 3 1 2014 Water and Sewer Department • 1100 10th Street,Suite 300,Greeley,CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. c,D/L/-/D4> / r Greeleyna �° GIeat. From the Ground Up. March 3, 2014 SUMMARY OF COMPENSATION OFFER CITY OF GREELEY NORTH SEWER LINE PROJECT EASEMENT ACQUISITION NGS—18 Weld County Fee Owner: Weld County Interests to be Acquired: Varied width"Permanent Exclusive Sewer Easement" 30 foot wide"Temporary Construction Easement" Easement Description: A portion of NE 'A of Section 31, T 6 N, R 65 W, Weld County, aka Weld County Assessor Parcel No. 080331000059 Described in Property Description and depicted on Exhibit Map attached to Easement Documents Following is a brief summary of values &percentages identified and used to establish a fair compensation offer for these interests: 1) . $40,000.00 per acre is the Estimated Market Value(EMV)determined by Independent Local Appraiser- i.e.. fee value of the land: This parcel is presently used as I-M by the City of Greeley and Agricultural by Weld County. This EMV is based on the analysis of a local independent appraiser, using recent sales in the area. 2) 50% of EMV(fee value) for the Permanent Exclusive Sewer Easement The new 36"pipeline is to be located within the permanent easement and 50%accurately reflects the value of the easement location and rights being granted by the Permanent Exclusive Sewer Easement. 3) 10% of the EMV for the Temporary Construction Easement This is the temporary use of the surface of the land for construction purposes. This % represents the industry standard for establishing compensation for a Temporary Construction Easement. Water and Sewer Department • 1100 10th Street,Suite 300,Greeley,CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley though timely,courteous and cost-effective service. NGS-18 Weld County Compensation Summary March 3, 2014 -Page 2 Following is a breakdown of the compensation offer based on actual areas identified in the Exhibits; EMV established by zoning, assessment and use of the land; 50%of fee for the permanent easement;and 10%as the established rate for temporary construction easement: County Parcel Number: 080331000059 NGS-18 Weld County "Permanent Exclusive Sewer Easement" Easement Area EMV ($$) EMV of % of Length- Width- Acre Acre Easement EMV Easement Value Permanent sq. ft. ft. Area (Fee) 10,117 Varies 0.232 $40,000.00 $9,280.00 50% $4,640.00 Compensation Offer for the Permanent"Exclusive Sewer Easement" One Time Payment-Rounded Up $4,700.00 "Temporary Construction Easement" Ea sement Area EMV($$) EMV of Temporary Length- %of EMV Construction sg Width-ft. Acre Acre Easement (Fee) Easement Value 7,999 30 0.184 $40,000.00 $7,360.00 10% $736.00 Compensation Offer for the"Temporary Construction Easement" One Time Payment- Rounded Up $800.00 Total Compensation Offer Varied Width"Permanent Exclusive Sewer Easement" $ 4,700.00 30 foot wide "Temporary Construction Easement" 800.00 DRMS Permit $ 216.00 One-time-total payment for all Compensation for these Easements - $ 5,716.00 Water and Sewer Department • 1100 10th Street,Suite 300,Greeley,CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. t. EASEMENT PURCHASE AGREEMENT THIS AGREEMENT is made this 3/ day of / 1 arc)) , 2014, by and between WELD COUNTY ("Seller"), and the CITY OF GREELEY, a Municipal corporation, ("Buyer"). Seller and Buyer agree as follows: WHEREAS, Seller is the owner of certain real estate situated in the County of Weld, State of Colorado, which real estate is legally described on Exhibit A attached hereto and by this reference incorporated herein and made a part hereof("Property"); and WHEREAS, Buyer desires to locate a portion of its sewer line(s) in, upon, under, along and across the Property; and WHEREAS, a portion of the Property falls within the Mine Permit Area of a gravel mine owned and operated by Seller, and that Seller must apply for and receive a Technical Revision to its mining permit from the Colorado Division of Reclamation Mining and Safety ("DRMS"). NOW, THEREFORE, in consideration of the foregoing, the parties hereto mutually agree as follows: 1. PURCHASE OF EASEMENT. Seller agrees to grant a Permanent Exclusive Sewer Easement (Exhibit B) and a Temporary Construction Easement (Exhibit C) ("Easements"), attached hereto and by this reference incorporated herein and made a part hereof, to Buyer, and Buyer agrees to purchase the Easements. 2. PURCHASE PRICE. Seller shall grant the Easements to Buyer for the following consideration of $5,716.00. This amount includes $216.00 to reimburse Seller for the expenses it must incur in the filing of the Technical Revision to its mining permit from DRMS. 3. TECHNICAL REVISION MATERIALS. Buyer agrees to provide to Seller all of those drawings, plans and other materials required by DRMS in order to process the Technical Revision. SELLER: Weld County. ich Douas Rademacher, Chair ,; . ROW # `'j! Y Date: : 1 BUYER: CITY OF GREELEY, �.•�.-,._ COLORADO, a Colorado home rule - o* 0 44. ter; .. municipal corporation. ,'t/✓90R� r. VV4F`` * 1 Mayor Q+Ls. •�• , ' APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM: 1 { By: � � By: CL„A__ City Manager City Attorney AS TO AVAILABILITY OF FUNDS: BY: D/sszos.o'Ai f rn • Director of Finance n V lGtrvo A • T? ✓h ,1e COG VI S ROW # Li 2 EXHIBIT A LEGAL DESCRIPTION The Northeast Quarter of Section 31,Township 6 North,Range 65 West of the 6th P.M., County of Weld,State of Colorado,EXCEPT that portion of the above described land platted as Weld County Business Park,a Planned Unit Development in the City of Greeley,recorded October 12, 1988 in Book 1212 at Reception No.2158271 AND EXCEPT that portion of the above described land platted as Weld County Business Park P.U.D. Amendment#1 Annexation,recorded July 11, 1996 in Book 1555 at Reception No. 2500433. COG IN S ROW & / City of Greeley W&S ROW No. Easement Purchase.Agreement-- 1-29-2014 NGS-IR—Weld County EXHIBIT B PERMANENT EXCLUSIVE SEWER EASEMENT This Permanent Exclusive Sewer Easement is made this day of , 2014, by and between Weld County, Colorado, a body corporate and politic of the State of Colorado whose address is 1 150 0 Street, Greeley, Colorado 80631 ("GRANTOR"), and the City of Greeley, a Municipal corporation, whose address is 1000 10th Street, Greeley, Colorado 80631 ("GRANTEE"). GRANTOR, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and • other valuable consideration paid by the GRANTEE to the GRANTOR,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by this Permanent Exclusive Sewer Easement does grant, bargain, sell, convey and confirm to the GRANTEE, its successors and assigns forever, a permanent exclusive sewer easement on, under, and across the property as more particularly described in the Property Description and Exhibit Map attached hereto as Exhibit A and incorporated herein by this reference, located in Weld County, Colorado ("Property"); for the purposes of: Surveying, locating, installing, constructing, using, operating, maintaining, inspecting, repairing, altering, removing, and replacing one or more buried sewer pipelines,in whole or in part,and all necessary subsurface and surface appurtenances for the transportation of sewage and the operation and control of sewer facilities; 2. Marking the location of the Property and pipeline or pipelines thereunder by suitable markers set and maintained in the ground at locations which shall not interfere with such reasonable use as GRANTOR shall make of the Property under the terms of this Permanent Exclusive Sewer Easement; • 3- Cutting and clearing trees, brush, debris and other obstructions on the Property that might interfere with the operation and maintenance of GRANTEE'S activities and facilities on the Property; 4. Access for purposes of maintaining, inspecting, repairing, altering, removing and replacing one or more buried sewer pipelines, including access across property owned by the GRANTOR that is contiguous to the Property (more particularly described in Exhibit B attached hereto and incorporated by this reference), with the GRANTOR'S consent, which consent shall not be unreasonably withheld; and 5. All other uses incidental to the uses specified herein. A. The GRANTEE shall: 1. Insofar as practicable,bury all pipe and communication and control cables to a depth of a minimum of seven (7) feet at the time of construction so as not to interfere unreasonably with such reasonable use as GRANTOR shall make of the Property under the terms of this Permanent Exclusive Sewer Easement; t COG of Greeley W &S ROW No. W & S Permanent Easemeni .� NGS-I S-Weld County- 1-29-2014 # LI l4:1/4 2. In the event that Grantee is unable to bury the pipe and communication and control cables a minimum of seven (7) feet at any point within the easement,said pipe and communication and control cables shall be encased. 3. Insofar as practicable, restore the surface of the ground to its condition prior to installation,construction,maintenance,alteration, or replacement of the pipeline or pipelines and appurtenances thereto; 4. Insofar as practicable, restore fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to GRANTEE'S activities on the Property; 5. Pay the GRANTOR the actual damages to growing crops,livestock and other items caused by GRANTEE'S activities on the Property; and 6. Restore or replace improvements made by the GRANTOR on the Property that were made with the written consent of the GRANTEE, as provided in paragraph B.6 below,should those improvements be disturbed by the GRANTEE,on the condition that the GRANTOR pays the one-half of the costs for such restoration or replacement. B. The GRANTOR reserves the right to use and occupy the Property for any purpose consistent with the tights and privileges granted herein which will not interfere with or endanger any of the GRANTEE'S facilities on or under the Property or GRANTEE'S use thereof, provided that GRANTOR shall not: 1. Construct or allow the construction of any buildings or other structures on or under the Property; 2. Impound water or other substance, or construct detention ponds, on or over the Property; 3. Store or dispose of any dangerous, toxic, or hazardous substance on or under the Property; 4. Co-locate, construct or maintain gas lines, water lines, sewer lines, electrical or communication lines or other utilities on, over, or under the Property parallel to GRANTEE's sewer pipelines; 5. Alter or replace any fence on the Property without the prior written consent of GRANTEE; 6. Use the Property for any purpose except agriculture without the prior written consent of GRANTEE;provided,however,the written consent of the GRANTEE will not be unreasonably withheld, delayed, or conditioned for the following uses: 2s City of ley W&S ROW No. It Permanent nt Easement ' stet_.. NGS IS Weld County—I-29-2014 a. Open space areas with or without landscaping but excluding fences,retaining walls, and trees; b. Paved,gravel-surfaced; or unsurfaced local roadways (not arterials); c. Paved, gravel-surfaced, or unsurfaced parking areas except use involving long-term storage; d. Paved,gravel-surfaced,or unsurfaced recreation areas(excluding buildings) such as trails, bike paths, basketball courts, tennis courts, volleyball courts; and e. Temporary covers or enclosures not requiring the construction of a foundation and not to be used for long-term storage. f. Utility service crossings at near right angles to the sewer pipeline with two feet of clearance from actual pot-holed elevations of the pipe. Other industry standards for crossings may apply and would be addressed during the plan review for any crossing. 7. Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet at mature growth to grow on the Property, or construct berms or otherwise alter the ground level, without the prior written consent of GRANTEE. GRANTOR warrants and will forever defend the title to this Permanent Exclusive Sewer Easement. GRANTOR: Weld County, Colorado, a body corporate and politic of the State of Colorado Name: Title: STATE OF COLORADO) )ss. COUNTY OF Acknowledged before me on this day of 20 , by WITNESS MY HAND AND MY SEAL. MY COMMISSION EXPIRES 477 (Notary Public) ` £ � u .K „$ IcijAtkAt City of Greeley W&S ROW No. Permanent Easement NGS-I S- Weld County— 1-29-20i 4 4_ EXHIBIT A Zenith Land Surveying, Inc. 1880 Hawthorn Place,Boulder,CO 80304 303-579-2057-tel 303-524-9277-fax Earl@ZenithLS.com www.ZenithLS.com Parcel 18 Property Description: A Permanent Utility Easement over a Tract of land found in the Northeast Quarter of Section 31. Township 6 North,Range 65 West of the Sixth Principal Meridian and being more particularly described as; Commencing at the East Quarter Corner of said Section 31,Township 6 North,Range 65 West being a monument found in North 11th Avenue as described in the monument record dated December 22,1997 and considering the South line of the Northeast Quarter of the said Section 31 as monumented by the said East Quarter Corner of Section 31 and the Center-West-East Sixty Fourth Corner as monumented as Bearing South 88°57'13"West with all Bearings relative thereto; Thence along said South line of the Northeast Quarter of Section 31 as monumented South 88".57'13"West a distance of 659.31 Feet to a point on the West Right-of-Way of H Street, being also the Northeast corner of Lot I,RS-1023,Resubdivision of Union Colony Subdivision, being also the Southeast Corner of a tract of land owned by Weld County,Colorado,A Body Corporate and Politic as shown in the Warranty Deed Recorded in Book 1163 as Reception /1210667 and being also the True Point of Beginning; Thence leaving said West Right-of-Way of H Street and continuing along said South line of the Northeast Quarter of Section 31 being also the North line of the said Lot 1,RS-1023 and being also the South line of the said Weld County property South 88'57'13"West a distance of 58.36 Feet; • Thence leaving said South line of the Northeast Quarter of Section 31 being also the said North line of Lot I,RS-1023 and being also the said South line of the Weld County property North 05°03'03"West a distance of 266.45 Feet to a point on the South line of the Weld County Business Park Public Works Annexation as shown on the plat recorded as Reception#2608903 being also the North line of the said Weld County property; Thence along said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property North 89°40'34"East a distance of 44.63 Feet to a point on said West Right-of-Way of I:1 Street; Thence leaving said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property and along said West Right-of-Way of H Street along a curve to the left with a Delta of 33°46'03",Radius of 460.00 Feet,Length of 271.11 Feet,Chord Bearing of South 07°56'53"East and Chord Distance of 267.20 Feet to the True Point of Beginning and containing 10,117 Square Fee r 're or less being also 0.232 acres more or less. A��REG ' -:;,....Y.-•*j.,;(57,, • 34a i a$'ar surveyor's Certification: 'Y-by'•"itip5kt At g' 1,Earl F.Henderson,a Professional Land Surveyor in the tate of Colorado,certify for and on behalf of Zenith Land Surveying,Inc.that this Property Description and accompanying Easement Exhibit Map were prepared by me or under my direct supervision;that they are based upon my knowledge,information,and belief;have been prepared in accordance with applicable standards of practice;are not a guaranty or warranty,either expressed or implied;and are to the best of my knowledge accurate and complete. Revised areas 11/23/08. 000 EASEvENT EXHIBIT MAP f WELD COUNTY BUSINESS PARK / t PUBLIC WORKS ANNEXATION / ITg REC #2606903 / N89'40'34•EJ '' ! p N 44.63' O I I 30' TEMPORARY--1 CONSTRUCTION y EASEMENT I ,_- I W A=33'46'03" ' R-460.00' WELD COUNTY BUSINESS PARK PUD I to A=271.11' TRACT "C• 1 w C-267.20' I 1 r CB=S02'56'53'T 1 r 73 WELD COUNTY COLORADO, F-- A BODY CORPORATE AND POLITIC --- OF OF THE STATE OF COLORADO I o v 1- BK 1163, REC /2106697 1 2 ,, z 1 I '° N Z x I z m u) -{ 1 1 w 7) a a 1 \ 1 N88'57'13"E 659.31' 588'57'13"W 1282.67' I 70 EAST QUARTER TO CEN TER-WEST-EAST 1 r pOB \ CORNER OF SECTION 31 SIXTY FOURTH CORNER OF SECTION 31 f ' 659.31' 282.67' 58.36' _._ r.-.__.._. 588'5713"W t� WELD COUNTY \ LOT 1, RS-1023. RESUBDIVISION OF \ I1N10N COLONY SUBDIVISION REC /{3039498 \ I 1OT 7, RS-1073, RESUBDIVISION OF \� UNION COLONY SUBDIVISION ,,,,‘ REC #3039498 N UTILITY EASEMENT TO BE LOCATED ON THE PROPERTY OF WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC Of THE STATE OF COLORADO AS SHOWN IN THE WARRANTY DEED RECORDED IN BOOK 1163, RECEPTION #2106697 fN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND FOUND IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF GREELEY, WELD COUNTY, COLORADO. •PROPERTY CORNER MONUMENT FOUND r��O�Q,pOREg,.TF 1+ Sv•� c9°i IA NOTES: i .r.7.-...f 1. BASIS OF BEARINGS FOR THIS SURVEY WAS S 88'57'13" W FROM II1 -:,3/ice:r`r'S THE EAST QUARTER CORNER OF SECTION 31 TO THE I` i'' ... CENTER-WEST-EAST SIXTY FOURTH CORNER OF SECTION 31 BOTH OF QyAL h�5 WHICH WERE FOUND AS DESCRIBED IN THE MONUMENT RECORDS. AL 2, THIS PROPERTY IS SUBJECT TO THE EASEMENTS SHOWN 1 IN TITLE REPORT FILE NO. S0274488 DATED JUNE 24, 2008 Zenith .T►t AND COMPLETED BY SECURITY TITLE GUARANTY CO. L l i' 3. SECTION CORNERS SHOWN WERE FOUND PER MONUMENT RECORDS. OR.13TyII1g,ine.. 1880 Hawthorn Place 4. THE PERMANENT U11LIT' EASEMENT CONTAINS 10,117 FT'=0.232 AC. Boulder,Colorado 80304 THE TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,999 FT' 303-579-2057-TeL =0.184 AC. 303-524-9277-Fax PToject#l07010 P18 REVISED 11/23/2008—ADDED NOTE 4. C\Pm,ects!6;1 nn wcc cs.ew,, s n.e I I snInIc wv. 1 ,L',,, -I ,• 'fit#. RA '11,'.- _._..._,��/� . EXHIBIT B LEGAL DESCRIPTION The Northeast Quarter of Section 31,Township 6 North,Range 65 West of the 6'^P.M., County of Weld,State of Colorado,EXCEPT that portion of the above described land platted as Weld County Business Park,a Planned Unit Development in the City of Greeley,recorded October 12, 1988 in Book 1212 at Reception No,2158271 AND EXCEPT that portion of the above described land platted as Weld County Business Park P.U.D.Amendment#1 Annexation,recorded July 11, 1996 in Book 1555 at Reception No. 2500433. City of Greeley W&S ROW No. Permanent Easement— 1-29-2014 NGS-1 8-Weld County EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this day of , 2014,by and between, Weld County, Colorado, a body corporate and politic of the State of Colorado whose address is 1150 0 Street, Greeley, Colorado 80631 ("GRANTOR"), and the City of Greeley, a Municipal corporation, whose address is 1000 10th Street, Greeley, Colorado 80631 ("GRANTEE"). GRANTOR,for and in consideration of the sum often and no/100 dollars($10.00)and other valuable consideration paid by the GRANTEE to the GRANTOR, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by this Temporary Construction Easement does grant, bargain, sell, convey and confirm to the GRANTEE, its successors and assigns forever,a temporary construction easement on and under the property as per the Property Description and Exhibit Map attached hereto and incorporated herein by this reference, located in Weld County, Colorado ("Property"); for the purposes of: I. Surveying, locating, installing and constructing a buried sewer pipeline on lands adjacent to the Property, in whole or in part; 2. Cutting and clearing trees,brush, debris and other obstructions on the Property that might interfere with GRANTEE'S activities on the Property; and 3. Access for purposes of surveying,locating,installing and constructing a buried water pipeline across property owned by the GRANTOR that is contiguous to the Property (more particularly described in Exhibit B attached hereto and incorporated by this reference),with the GRANTOR'S consent,which consent shall not be unreasonably withheld. This Temporary Construction Easement shall begin on the date set out above and shall terminate upon completion of construction or one year from the date set out above,whichever occurs first. During the term of this Temporary Construction Easement GRANTOR shall not place,erect, install or permit any above or below ground building,structure or other obstruction on the Property that may interfere with the GRANTEE'S activities on the Property hereunder. The GRANTEE shall: 4. Insofar as practicable, restore the surface of the ground to its condition prior to GRANTEE'S activities on the Property; 5. Insofar as practicable, restore fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to GRANTEE'S activities on the Property; and City of Greeley W&S RO\V No. 1 Temporary Construction Easement NOS-13 Weld County— I-29-2014 6. Pay the GRANTOR the actual damages to growing crops, livestock and other items caused by GRANTEE'S activities on the Property. 7. Grantee agrees that Grantor and members of the general public who require access to the various public buildings located in the area of the Property, including, but not limited to the Weld County Training Center, the Food Bank, and the Community Corrections facility, shall continue to have access to said buildings throughout the construction process. GRANTOR warrants and will forever defend the title to the Property. GRANTOR: Weld County, Colorado, a body corporate and politic of the State of Colorado Name: Title: STATE OF COLORADO) ss. COUNTY OF Acknowledged before me on this day of 20 , by WITNESS MY HAND AND MY SEAL. MY COMMISSION EXPIRES (Notary Public) City of Greeley W&S ROW No. 2 Temporary Construction Easement NGS-18 Weld County- 29-2014 EXHIBIT A • Zenith Land Surveying, Inc. 1880 Hawthorn Place,Boulder,CO 80304 303-579-2057-tel 303-524-9277-fax Earilw.ZenithLS.com www.ZenithLS.com Parcel 18 Property Description: A Permanent Utility Easement over a Tract of land found in the Northeast Quarter of Section 31, Township 6 North,Range 65 West of the Sixth Principal Meridian and being more particularly described as; Commencing at the East Quarter Corner of said Section 31,Township 6 North,Range 65 West being a monument found in North 11th Avenue as described in the monument record dated December 22,1997 and considering the South line of the Northeast Quarter of the said Section 31 as monumented by the said East Quarter Corner of Section 31 and the Center-West-East Sixty Fourth Corner as monumented as Bearing South 88°57'13"West with all Bearings relative thereto; Thence along said South line of the Northeast Quarter of Section 31 as monumented South 88°57'13"West 3 distance of 659.31 Feet to a point on the West Right-of-Way of H Street, being also the Northeast corner of Lot 1,RS-1023,Resubdivision of Union Colony Subdivision, being also the Southeast Corner of a tract of land owned by Weld County,Colorado,A Body Corporate and Politic as shown in the Warranty Deed Recorded in Book 1163 as Reception //210667 and being also the True Point of Beginning; Thence leaving said West Right-of-Way of H Street and continuing along said South line of the Northeast Quarter of Section 31 being also the North line of the said Lot I,RS-1023 and being also the South line of the said Weld County property South 88°57'13"West a distance of 58.36 Feet; Thence leaving said South line of the Northeast Quarter of Section 31 being also the said North line of Lot 1,RS-1023 and being also the said South line of the Weld County property North 05°03'03"West a distance of 266.45 Feet to a point on the South line of the Weld County Business Park Public Works Annexation as shown on the plat recorded as Reception#2608903 being also the North line of the said Weld County property; Thence along said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property North 89°40'34"East a distance of 44.63 Feet to a point on said West Right-of-Way of H Street; Thence leaving said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property and along said West Right-of-Way of H Street along a curve to the left with a Delta of 33°46'03",Radius of 460.00 Feet,Length of 271.11 Feet,Chord Bearing of South 07°56'53"East and Chord Distance of 267.20 Feet to the True Point of Beginning and containing 10,117 Square Fee n ore or less being also 0.232 acres more or less. N IQ) e74'icc:04, 14 • 3.171949� Jam Surveyor's Certification: t� <Pi ' _/�: tt�a�4S5L LrW5 • I,Earl F.Henderson,a Professional Land Surveyor in the • e of Colorado,certify for and on behalf of Zenith Land Surveying,Inc.that this Property Description and accompanying Easement Exhibit Map were prepared by me or under my direct supervision;that they are based upon my knowledge,information,and belief;have been prepared in accordance with applicable standards of practice;are not a guaranty or warranty,either expressed or implied;and are to the best of my knowledge accurate and complete. Revised areas 11/23/08. EASEMENT EXHIBIT MAP WELD COUNTY BUSINESS PARK / / PUBUC WORKS ANNEXATION I / REC 02608903 r N89'40'34'EI 1�/ II- N 44.63' I cn I i 30' TEMPORARY-1 CONSTRUCTION 1 EASEMENT I N- 1 Z M=3.146'03" R=460.00' WELD COUNTY BUSINESS PARK POD I UT A=271.11 TRACT "C I w C=26720' I I 2- CB=S0T56'53t I n I WELD COUNTY COLORADO, A BODY CORPORATE AND POLITICI ,. OF THE STATE OF COLORADO I o v r- ' UK 1163, REC #2106697 1 2 m Z 1 in N z Y z N w I \ I ` a N88'57'13"E 659.31 5885713"W 1282.67 I \, TO EAST QUARTER . TO CENTER-WEST-EAST I POB \ CORNER OF SECTION 31 SIXTY FOURTH CORNER OF SECTION 31 1282.57• 58.36• 659.31' ---_._ _._ _ 588'5]'13"W \ \ . V/ELD COUNTY I N 3. RESUSI NISIOIV OF \ \ UNION COLONY SUBDIVISION REC #3039498 r 'I l LOT 2, P5-1023, RESUBDIWSION OF I UNION COLONY SUBDIWSION \, li REC #3039498 N N UTILITY EASEMENT TO BE LOCATED ON THE PROPERTY OF WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AS SHOWN IN THE WARRANTY DEED RECORDED IN BOOK 1163, RECEPTION #2106697 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND FOUND IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL i. MERIDIAN, CITY OF GREELEY, WELD COUNTY, COLORADO. •PROPERTY CORNER MONUMENT FOUND UO�O�D0 Rfg,•e.,l •NTES: 1. BASIS OF BEARINGS FOR THIS SURVEY WAS S 88'57'13" W FROM ,;-.. 3IiAll F THE EAST QUARTER CORNER OF SECTION 31 TO THE 8i0�✓•`... CENTER-WEST-EAST SIXTY FOURTH CORNER OF SECTION 31 BOTH OF LIAR,. I WHICH WERE FOUND AS DESCRIBED IN THE MONUMENT RECORDS. 2. THIS PROPERTY IS SUBJECT TO THE EASEMENTS SHOWN Zenith TITLE REPORT FILE NO. S0274488 DATED JUNE 24, 2008 'lenith AND COMPLETED BY SECURITY TITLE GUARANTY CO. tawi 1 3. SECTION CORNERS SHOWN WERE FOUND PER MONUMENT RECORDS. uryy-Ang,_Inc.. 1880 Hawthorn Place 4. THE PERMANENT UTILITY EASEMENT CONTAINS 10,117 FT'=0.232 AC. Boulder,Colorado 80304 THE TEMPORARY CONSTRUCTION' EASEMENT CONTAINS 7,999 FT' 303-579-2057-Tel. =0.184 AC. 303-524-9277-Fax f1rOJeC[ii 07010 PIS REVISED 11/23/2008—ADDED NOTE 4. CPrnmcln917619 WO Lrcele.Sower Ph 2ITcchrrkrB071N rI Fxmnu(14411M IRC I 14 I Y.': n I. v EXHIBIT B LEGAL DESCRIPTION The Northeast Quarter of Section 31,Township 6 North,Range 65 West of the 6'h P.M., County of Weld,State of Colorado,EXCEPT that portion of the above described land platted as Weld County Business Park,a Planned Unit Development in the City of Greeley,recorded October 12, 1988 in Book 1212 at Reception No.2158271 AND EXCEPT that portion of the above described land platted as Weld County Business Park P.U.D.Amendment#I Annexation,recorded July 11, 1996 in Book 1555 at Reception No. 2500433. City of Greeley W&S ROW No. Temporary Construction Easement— I-29-2014 NGS-I S-- Weld County e � 4008561 04/11/2014 03:34 PM Total Pages: 6 Rec Fee: $36.00 Steve Moreno - Clerk and Recorder, Weld County, CO PERMANENT EXCLUSIVE SEWER EASEMENT Al This Permanent Exclusive Sewer Easement is made this 3/ day of Alm dl , 2014, by and between Weld County, Colorado, a body corporate and politic of the State of Colorado whose address is 1150 0 Street, Greeley, Colorado 80631 ("GRANTOR"), and the City of Greeley, a Municipal corporation, whose address is 1000 10th Street, Greeley, Colorado 80631 ("GRANTEE"). GRANTOR, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other valuable consideration paid by the GRANTEE to the GRANTOR,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by this Permanent Exclusive Sewer Easement does grant, bargain, sell, convey and confirm to the GRANTEE, its successors and assigns forever, a permanent exclusive sewer casement on, under, and across the property as more particularly described in the Property Description and Exhibit Map attached hereto as Exhibit A and incorporated herein by this reference, located in Weld County, Colorado ("Property"); for the purposes of: 1. Surveying, locating, installing, constructing, using, operating, maintaining, inspecting, repairing, altering, removing, and replacing one or more buried sewer pipelines,in whole or in part,and all necessary subsurface and surface appurtenances for the transportation of sewage and the operation and control of sewer facilities; 2. Marking the location of the Property and pipeline or pipelines thereunder by suitable markers set and maintained in the ground at locations which shall not interfere with such reasonable use as GRANTOR shall make of the Property under the terms of this Permanent Exclusive Sewer Easement; 3. Cutting and clearing trees, brush, debris and other obstructions on the Property that might interfere with the operation and maintenance of GRANTEE'S activities and facilities on the Property; 4. Access for purposes of maintaining, inspecting, repairing, altering, removing and replacing one or more buried sewer pipelines, including access across property owned by the GRANTOR that is contiguous to the Property (more particularly described in Exhibit B attached hereto and incorporated by this reference), with the GRANTOR'S consent, which consent shall not be unreasonably withheld; and 5. All other uses incidental to the uses specified herein. A. The GRANTEE shall: 1. Insofar as practicable,bury all pipe and communication and control cables to a depth of a minimum of seven (7) feet at the time of construction so as not to interfere unreasonably with such reasonable use as GRANTOR shall make of the Property under the terms of this Permanent Exclusive Sewer Easement; City of Greeley W&S ROW No.kik Permanent Easement NGS-18-Weld County— 1-29-2014 >Y e AV— ,/7 //- 4008561 04/11/2014 03:34 PM Page 2 of 6 2. In the event that Grantee is unable to bury the pipe and communication and control cables a minimum of seven (7) feet at any point within the easement, said pipe and communication and control cables shall be encased. 3. Insofar as practicable, restore the surface of the ground to its condition prior to installation, construction,maintenance,alteration, or replacement of the pipeline or pipelines and appurtenances thereto; 4. Insofar as practicable, restore fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to GRANTEE'S activities on the Property; 5. Pay the GRANTOR the actual damages to growing crops, livestock and other items caused by GRANTEE'S activities on the Property; and 6. Restore or replace improvements made by the GRANTOR on the Property that were made with the written consent of the GRANTEE, as provided in paragraph B.6 below,should those improvements be disturbed by the GRANTEE,on the condition that the GRANTOR pays the one-half of the costs for such restoration or replacement. B. The GRANTOR reserves the right to use and occupy the Property for any purpose consistent with the rights and privileges granted herein which will not interfere with or endanger any of the GRANTEE'S facilities on or under the Property or GRANTEE'S use thereof, provided that GRANTOR shall not: I. Construct or allow the construction of any buildings or other structures on or under the Property; 2. Impound water or other substance, or construct detention ponds, on or over the Property; 3. Store or dispose of any dangerous, toxic, or hazardous substance on or under the Property; 4. Co-locate, construct or maintain gas lines, water lines, sewer lines, electrical or communication lines or other utilities on, over, or under the Property parallel to GRANTEE's sewer pipelines; 5. Alter or replace any fence on the Property without the prior written consent of GRANTEE; 6. Use the Property for any purpose except agriculture without the prior written consent of GRANTEE;provided,however,the written consent of the GRANTEE will not be unreasonably withheld, delayed, or conditioned for the following uses: 2 City of Greeley W&S ROW No. 1c Permanent Easement NGS-18-Weld County- 1-29-2014 4008561 04/11/2014 03:34 PM Page 3 of 6 a. Open space areas with or without landscaping but excluding fences,retaining walls, and trees; b. Paved, gravel-surfaced, or unsurfaced local roadways (not arterials); c. Paved, gravel-surfaced, or unsurfaced parking areas except use involving long-term storage; d. Paved,gravel-surfaced,or unsurfaced recreation areas(excluding buildings) such as trails, hike paths, basketball courts, tennis courts, volleyball courts; and e. Temporary covers or enclosures not requiring the construction of a foundation and not to be used for long-term storage. f. Utility service crossings at near right angles to the sewer pipeline with two feet of clearance from actual pot-holed elevations of the pipe. Other industry standards for crossings may apply and would be addressed during the plan review for any crossing. 7. Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet at mature growth to grow on the Property, or construct berms or otherwise alter the ground level, without the prior written consent of GRANTEE. GRANTOR warrants and will forever defend the title to this Permanent Exclusive Sewer Easement. GRANTOR: Weld County, Colorado, a body corporate and politic of the State of Colorado Nameri s— tx Doug Rademacher Title: Chair, Board of Weld County Commissions STATE OF COLORADO) MAR 3 1 7014 ��) )ss. COUNTY OF //de L ) 51 /�J Acknowledged befo ie me on this 3/ day of ,4/77 /GQ{�'7A 20// ovr Po, WITNESS MY HAND AND MY SEAL. MY MMISSION EXPIRE / • i DONNA J. • /S BECHLER (Nora ublic) art ::CO a FpF CO-" City or Greeley W&S ROW No. if Permanent Easement MY COMM.EXG 04.10-2016 NGS-18-Weld County— 1-29-2014 •.a'r 4/4 —/l/�; 4008561 04/11/2014 03:34 PM P ge4of6 IXHIBIT A Zenith Land Surveying, Inc. 1880 Hawthorn Place,Boulder,CO 80304 303-579-2057-tel 303-524-9277-fax Earl@ZenithlS.com www.ZenithLS.com Parcel 18 Property Description: A Permanent Utility Easement over a Tract of land found in the Northeast Quarter of Section 31. Township 6 North,Range 65 West of the Sixth Principal Meridian and being more particularly described as; Commencing at the East Quarter Corner of said Section 31,Township 6 North,Range 65 West being a monument found in North 111'Avenue as described in the monument record dated December 22,1997 and considering the South line of the Northeast Quarter of the said Section 31 as monumented by the said East Quarter Corner of Section 31 and the Center-West-East Sixty Fourth Corner as monumented as Bearing South 88°57'13"West with all Bearings relative thereto; Thence along said South line of the Northeast Quarter of Section 31 as monumented South 88°57'13"West a distance of 659.31 Feet to a point on the West Right-of-Way of 1-I Street, being also the Northeast corner of Lot 1,RS-1023,Resubdivision of Union Colony Subdivision, being also the Southeast Comer of a tract of land owned by Weld County,Colorado,A Body Corporate and Politic as shown in the Warranty Deed Recorded in Book 1163 as Reception #2 10667 and being also the True Point of Beginning; Thence leaving said West Right-of-Way of Fi Street and continuing along said South line of the Northeast Quarter of Section 31 being also the North line of the said Lot 1,RS-1023 and being also the South line of the said Weld County property South 88°57'13"West a distance of 58.36 Feet; Thence leaving said South line of the Northeast Quarter of Section 31 being also the said North line of Lot 1,RS-1023 and being also the said South line of the Weld County property North 05°03'03"West a distance of 266.45 Feet to a point on the South line of the Weld County Business Park Public Works Annexation as shown on the plat recorded as Reception#2608903 being also the North line of the said Weld County property; Thence along said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property North 89°40'34"East a distance of 44.63 Feet to a point on said West Right-of-Way of H Street; Thence leaving said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property and along said West Right-of-Way of H Street along a curve to the left with aDelta of 33°46'03",Radius of 460.00 Feet,Length of 271.11 Feet,Chord Bearing of South 07°56'53"East and Chord Distance of 267.20 Feet to the True Point of Beginning and containing 10,117 Square Fee .core or less being also 0.232 acres more or less. p.REc7 y� �QQP� .. 5T 4 h.q� ca ti F�th S- i Sys tZs' F . _.__.: Surveyor's Certification: t /0, "' g= I,Earl F.Henderson,a Professional Land Surveyor in the tate of Colorado,certify for and on behalf of Zenith Land Surveying,Inc.that this Property Description and accompanying Easement Exhibit Map were prepared by me or under my direct supervision;that they are based upon my knowledge,information,and belief;have been prepared in accordance with applicable standards of practice;are not a guaranty or warranty,either expressed or implied;and are to the best of my knowledge accurate and complete. Revised areas 11/23/08. 4008561 04/11/2014 03:34 PM Page 5 of 6 EASEMENT EXHIBIT MAP / WELD COUNTY BUSINESS PARK / PUBLIC WORKS ANNEXATION REC #2608903 N89-40'34"E / I! ' 44.63' rn I O I 30' TEMPORARY-1 j CONSTRUCTION I EASEMENT I W A=33'46'03" R=460.00' WELD COUNTY BUSINESS PARK PUD 1 I d Aa271.11' TRACT "C" I w C=267.20' I I >- CB=S07'56'53.E I r_ WELD COUNTY COLORADO, J A BODY CORPORATE AND POLITIC 3 m OF THE STATE OF COLORADO I ''in BK 1163, REC #2106697 I ',3 v, Z l 1, s3 a; 2 1 Z w 1 ni \ I \ 1 \ N88'57'13"E 659.31' S88'57'13"W 1282.67' I \ TO EAST QUARTER TO CENTER-WEST-EAST j PO \ CORNER OF SECTION 31 SIXTY FOURTH CORNER OF SECTION 31 1282.67' 58.36' W 659\ �, S88'57'13" WELD COUNTY \ LOT 1, RS-1023, RESUBOIVISION OF UNION COLONY SUBOIVISION REC #3039498 r LOT 2, RS-1023, RESUBOIVISION OF UNION COLONY SUBDIVISION \ REC #3039498 UTILITY EASEMENT TO BE LOCATED ON THE PROPERTY OF WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AS SHOWN IN THE WARRANTY DEED RECORDED IN 8001< 1163, RECEPTION #2106697 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND FOUND IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF' GREELEY, WELD COUNTY, COLORADO. •PROPERTY CORNER MONUMENT FOUND D. `'' irtgQ.CO RE0 oN 1�=i / NOTES: i�� :,"A..i 1. BASIS OF BEARINGS FOR THIS SURVEY WAS S 88'57'13" W FROM t!ox ; THE EAST QUARTER CORNER OF SECTION 31 TO THE 111�'i�' ;p' CENTER-WEST--EAST SIXTY FOURTH CORNER OF SECTION 31 BOTH OF 1�itNNLLAh"+\. WHICH WERE FOUND AS DESCRIBED IN THE MONUMENT RECORDS. "'"'�°'� 2. THIS PROPERTY IS SUBJECT TO THE EASEMENTS SHOWN IN TITLE REPORT FILE NO. S0274488 DATED JUNE 24, 2008 Z pith ea: AND COMPLETED BY SECURITY TITLE GUARANTY CO. `'4,40' Ii�l_ s> 3. SECTION CORNERS SHOWN WERE FOUND PER MONUMENT RECORDS. hLln'l3y121g,_Inc.. 1880 Hawthorn Place 4. THE PERMANENT UTILITY EASEMENT CONTAINS 10,117 FT'=0.232 AC. Boulder,Colorado 80304 THE TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,999 FT= 303-579-2057-Tel. =0.184 AC. 303-524-9277-Fax Project#07010 P l8 REVISED 11/23/2008—ADDED NOTE 4. C.':1Prn,cctcV1701I North flrcelcv Sewer P6$Jkclnnkclf87010 KcninR dwQ.11/242688 1-4RY3 PM.I•! 4008561 04/11/2014 03:34 PM Page 6 of 6 EXHIBIT B LEGAL DESCRIPTION The Northeast Quarter of Section 31,Township 6 North,Range 65 West of the 6'^ P.M., County of Weld,State of Colorado,EXCEPT that portion of the above described land platted as Weld County Business Park,a Planned Unit Development in the City of Greeley,recorded October 12, 1988 in Book 1212 at Reception No.2158271 AND EXCEPT that portion of the above described land platted as Weld County Business Park P.U.D.Amendment#I Annexation,recorded July I I, 1996 in Book 1555 at Reception No. 2500433. City of Greeley W&S ROW No. Permanent Easement— 1-29-2014 NGS-18—Weld County TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this day of ✓1IQYCA , 2014, by and between, Weld County, Colorado, a body corporate and politic of the State of Colorado whose address is 1150 0 Street, Greeley, Colorado 80631 ("GRANTOR"), and the City of Greeley, a Municipal corporation, whose address is 1000 10th Street, Greeley, Colorado 80631 ("GRANTEE"). GRANTOR,for and in consideration of the sum of ten and no/100 dollars($10.00)and other valuable consideration paid by the GRANTEE to the GRANTOR, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by this Temporary Construction Easement does grant, bargain, sell, convey and confirm to the GRANTEE, its successors and assigns forever, a temporary construction easement on and under the property as per the Property Description and Exhibit Map attached hereto and incorporated herein by this reference, located in Weld County, Colorado ("Property"); for the purposes of: 1. Surveying, locating, installing and constructing a buried sewer pipeline on lands adjacent to the Property, in whole or in part; 2. Cutting and clearing trees, brush, debris and other obstructions on the Property that might interfere with GRANTEE'S activities on the Property; and 3. Access for purposes of surveying, locating,installing and constructing a buried water pipeline across property owned by the GRANTOR that is contiguous to the Property (more particularly described in Exhibit B attached hereto and incorporated by this reference),with the GRANTOR'S consent,which consent shall not be unreasonably withheld. This Temporary Construction Easement shall begin on the date set out above and shall terminate upon completion of construction or one year from the date set out above,whichever occurs first. During the term of this Temporary Construction Easement GRANTOR shall not place,erect, install or permit any above or below ground building, structure or other obstruction on the Property that may interfere with the GRANTEE'S activities on the Property hereunder. The GRANTEE shall: 4. Insofar as practicable, restore the surface of the ground to its condition prior to GRANTEE'S activities on the Property; 5. Insofar as practicable, restore fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to GRANTEE'S activities on the Property; and City of Greeley W&S ROW No.11 7 1 Temporary Construction Easement NGS-18 Weld County—1-29-2014 ,t/y- /D// 6. Pay the GRANTOR the actual damages to growing crops, livestock and other items caused by GRANTEE'S activities on the Property. 7. Grantee agrees that Grantor and members of the general public who require access to the various public buildings located in the area of the Property, including, but not limited to the Weld County Training Center, the Food Bank, and the Community Corrections facility, shall continue to have access to said buildings throughout the construction process. GRANTOR warrants and will forever defend the title to the Property. GRANTOR: Weld County, Colorado, a body corporate and politic of the State of Colorado Name i�( Dougl s Rad do ad macher Title: Chair. Board of Weld County Commissioners STATE OF COLORADO) MAR 3 1 2014 )ss. COUNTY OF /fie/d ) 1l Acknowledged before me on this 3/ day of (,t{^�d 20/J by 4).ei /A S a /P fl7 CAP( WITNESS MY HAND AND MY SEAL. s=�pRV Pp...y MY COMMISSION EXPI S 5- /•e- c e≤ /� t10: .... II•f 1 sit DONNA J. li (Nota Public) ��J BECHLER i Il dim\ �f III'% `OF COy%�Q MY COMM.EXP.04-10-2016 City of Greeley W&S ROW No. (I l 2 Temporary Construction Easement NGS-18 Weld County— 1-29-2014 162/1 - /C/lo IXHIBITA Zenith Land Surveying, Inc. 1880 Hawthorn Place,Boulder,CO 80304 303-579-2057-tel 303-524-9277-fax Earl@ZenithLS.com www.ZenithLS.com Parcel 18 Property Description: A Permanent Utility Easement over a Tract of land found in the Northeast Quarter of Section 31, Township 6 North,Range 65 West of the Sixth Principal Meridian and being more particularly described as; Commencing at the East Quarter Corner of said Section 31,Township 6 North,Range 65 West being a monument found in North 11th Avenue as described in the monument record dated December 22, 1997 and considering the South line of the Northeast Quarter of the said Section 31 as monumented by the said East Quarter Corner of Section 31 and the Center-West-East Sixty Fourth Corner as monumented as Bearing South 8897'13"West with all Bearings relative thereto; Thence along said South line of the Northeast Quarter of Section 31 as monumented South 88°57'13"West a distance of 659.31 Feet to a point on the West Right-of-Way of H Street, being also the Northeast corner of Lot 1,RS-1023,Resubdivision of Union Colony Subdivision, being also the Southeast Corner of a tract of land owned by Weld County,Colorado,A Body Corporate and Politic as shown in the Warranty Deed Recorded in Book 1163 as Reception #210667 and being also the True Point of Beginning; Thence leaving said West Right-of-Way of H Street and continuing along said South line of the Northeast Quarter of Section 31 being also the North line of the said Lot I,RS-1023 and being also the South line of the said Weld County property South 88°57'13"West a distance of 58.36 Feet; Thence leaving said South line of the Northeast Quarter of Section 31 being also the said North line of Lot 1,RS-1023 and being also the said South line of the Weld County property North 05°03'03"West a distance of 266.45 Feet to a point on the South line of the Weld County Business Park Public Works Annexation as shown on.the plat recorded as Reception#2608903 being also the North line of the said Weld County property; Thence along said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property North 89°40'34"East a distance of 44.63 Feet to a point on said West Right-of-Way of H Street; Thence leaving said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property and along said West Right-of-Way of H Street along a curve to the left with a Delta of 33°46'03",Radius of 460.00 Feet,Length of 271.11 Feet,Chord Bearing of South 07°56'53"East and Chord Distance of 267.20 Feet to the True Point of Beginning and containing 10,117 Square F r re or less being also 0.232 acres more or less. p REe/4;1t C gig OG x•• % ROW # Li/ ' ee �, Surveyor's Certification: • rO14141LAt19%•- I,Earl F.Henderson,a Professional Land Surveyor in the of Colorado,certify for and on behalf of Zenith Land Surveying,Inc.that this Property Description and accompanying Easement Exhibit Map were prepared by me or under my direct supervision;that they are based upon my knowledge,information,and belief;have been prepared in accordance with applicable standards of practice;are not a guaranty or warranty,either expressed or implied;and are to the best of my knowledge accurate and complete. Revised areas 11/23/08. EASEMENT EXHIBIT MAP r WELD COUNTY BUSINESS PARK PUBLIC WORKS ANNEXATION REC #2608903 / N89.4-0.34"E i = N II -- - 44.63' / rn O_ 1 1 30' TEMPORARY1,, CONSTRUCTION 1 EASEMENT 1 t-- Z.L1.1 8=33.46'03" R=460.00' WELD COUNTY BUSINESS PARK PUD ! I Ln A=271,11' TRACT "C" 1 w C-267.20' 1 r CB=SOT56'53"E r3 I 1 WELD COUNTY COLORADO, A BOGY CORPORATE AND POUTICI e 1 OF THE STATE OF COLORADO 1 0 Y r BK 1163, REC #2106697 1 ,'io Z O 1 ;g csi Z s 1 z 0 I VC 20 1 a in I 1 1 N88'57'13-E 659.31' S88'57'13"W 1282-67' 1 TO EAST QUARTER TO CENTER-WEST-EAST l POB CORNER OF SECTION 31 SIXTY FOURTH CORNER OF SECTION 31 1282,..67' 58.36' 659 31' ...- 588'57'13"W WELD COUNTY LOT 1, RS-'023, RESUBDIVISION OF UNION COLONY SUBDIVISION \ REC #3039498 LOT 2, RS-1023, RESUBOIV1SION OF UNION COLONY SUBDIVISION REC #3039498 UTILITY EASEMENT TO BE LOCATED ON THE PROPERTY OF WELD COUNTY, COLORADO, • A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AS SHOWN IN THE WARRANTY DEED RECORDED IN BOOK 1163, RECEPTION #2106697 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND FOUND IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF GREELEY, WELD COUNTY, COLORADO. •PROPERTY CORNER MONUMENT FOUND '.',C::.A7` Hal' 'field 'tit" _. .._.1�.-k-4s,,. �-r.70 REGAIN i 1C0 NOTES: .o S 88'57'13" W FROM c� 3A 1. BASIS OF BEARINGS FOR THIS SURVEY WAS I►�-i�`..,J/f .'�'r THE EAST QUARTER CORNER OF SECTION 31 TO THE ii Q • t CENTER-WEST---EAST SIXTY FOURTH CORNER OF SECTION 31 BOTH OF k,404/4(.L's°5` WHICH WERE FOUND AS DESCRIBED IN THE MONUMENT RECORDS. """'c.� I 2. THIS PROPERTY IS SUBJECT TO THE EASEMENTS SHOWN eirt . IN TITLE REPORT FILE NO. S0274488 DATED JUNE 24, 2008 AND COMPLETED BY SECURITY TITLE GUARANTY CO. o'v 3. SECTION CORNERS SHOWN WERE FOUND PER MONUMENT RECORDS. e ng,ltC-` 1880 Hawthorn Place 4. THE PERMANENT UTILITY EASEMENT CONTAINS 10,117 FT2=0.232 AC. Boulder,Colorado 80304 THE TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,999 FT2 303-579-2057-TeL =0.184 AC. 303-524-9277-Fax Project#07010 P18 REVISED 11/23/2008—ADDED NOTE 4. C:1PmiectcV17OI Q Nn,th(Ireclev Rewer Ph 21Tlc1nnke10701 Q Ecmnt.dw2.11/Fdl IX1311 4g.43 PM i-1 EXHIBIT B LEGAL DESCRIPTION The Northeast Quarter of Section 31,Township 6 North,Range 65 West of the 6th P.M., County of Weld,State of Colorado,EXCEPT that portion of the above described land platted as Weld County Business Park,a Planned Unit Development in the City of Greeley,recorded October 12, 1988 in Book 1212 at Reception No.2158271 AND EXCEPT that portion of the above described land platted as Weld County Business Park P.U.D.Amendment#1 Annexation,recorded July 11, 1996 in Book 1555 at Reception No. 2500433. L4 19 City of Greeley W&S ROW No. Temporary Construction Easement— 1-29-2014 NGS-18—Weld County Form W-9 Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester.Do not Postcard of iii Revenuet Treasury send to the IRS. Service Name(as shown on your income tax return) County of Weld c4i Business name/dhrapedsd entity name,It different from above o ICheck appropriate box for federal tax classification: Exemptions(see Instruction): O krdvktuWaae proprietor 0 C Corporation 0 s Corporation 0 Partnership 0 Trust/estate Exempt❑ Limited liability company.Enter the tax classification.(C-C corporation,S4 corporation,PeputrnersMp)► payee code el ant' Exemption from FATCA reporting code gr terry) ❑ Other(see instructress)► Government Address)number,street,and apt.or suite no.)I Requesters name andaddress(optionaQ 1150"O"Street,P.O.Box 758 R City,stab,and ZIP code 13 Greeley,CO 80632 list account number(s)here(options° Pan I Taxpayer Identification Number(TIN) • Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name'line I social aaouray number to avoid backup withholding.For Individuals,this is your social security number(SSN).However,for a - - resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - - - entities,it Is your employer identification number(EIN).If you do not have a number,see How to get a 71Nonpage3. • Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer identification number - I number to enter. 8 4 - 6 0 0 0 8 1 3 Part II Certification Under penalties of perjury,I cora/that 1. The number shown on this tom is my correct taxpayer Identification number(or I am walling for a number to be Issued to me),and 2. lam not subject to backup withholding because:(a)I em exempt from backup withholding,or 0:4 I have not been notified by the Internal Revenue Service ORS)that I am subject to backup withholding as a result of a(Skim to report aN interest or dividends,or(c)the IRS has nodffed me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below),end 4.The FATCA code(s)entered on this form(it any)indicating that I am exempt from FATCA reporting is correct. • Certification instructions.You must cross out hem 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid,acquisition or abandonment of secured properly,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. ig ///�/n/1/� ^ /� Here iv U iltursonfiR t i4 Date► /C13 ha General Instructions / withholding tax on foreign partners'share of effectively connected income,and 4.Certify that MICA code(s)entered on this form(if any)Indicating that you are Section references we to the Internal Revenue Code unless otherwise noted, exempt from the FATCA reporting,Is correct. Future developments.The IRS has created a page on IRS.gov for Information No - about Form W-9,at www.es.gov/w9.Information about any future developments W-9 to N you are a U.S. ,person o and usa e the herter gists you form form other than Form affecting Form W-9(such as legislation enacted after we release It)will be posted :Smiler er requestMrForm TIN,you must we requesters a It is substantially on that page. aimav to the Form W-9. Definition of a U.S.person.For federal tax purposes,you we considered a U.S. • Purpose of Form person if you we: A person who Is required to fife an informaeon return with the IRS must obtain your "M individual who b a U.S.citizen or U.S.resident alien, correct taxpayer identification number(ring to report,for example,Income paid to •A partnership,corporation,company,or association created or organized In the you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions,real estate transactions,mortgage interest you peld,acquisition or "M estate(other than a foreign estate),or neel abandonment of secured property,catation of debt,or conb@utione you made •A domestic treat(as defined In to an IRARegulations section 301.7701-7). Use Form W-9 only N you area U.S.person(including a resident alien),to Simla'ruin for partnerships.Partnerships that conduct a trade or business In provide your correct TIN to the person requesting It(the requester)and,when the United States are generally required to pay a withholding tax under section applicable,to: • 1446 on any foreign partners'share of effectively connected taxable income from 1.Certify that the TIN you we giving is correct(or you are waiting for a number such business.Further,a certain cases where a Form W-9 has not been received, the rules-under section 1446 require a partnership to presume that a partner Is a to be issued), foreign person,and pay the section 1446 withholding ax Therefore,tf you We a 2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business In the 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your US.status applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership income from a V.S.trade or business Is not subhect to the Cat.No.10231% Form W-g(Rev.8-2013) Hello