HomeMy WebLinkAbout20260206 Resolution
Approve Memorandum of Agreement for Purchase of Property Interest for
Acquisition of Public Road Right-of-Way for County Road 29 Improvements Project
Between State Highway 392 and County Road 74, Accept Property Conveyance of
Same, and Authorize Chair to Sign All Necessary Documents — Haythorn Brothers,
LLLP
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Memorandum of Agreement for the
Purchase of Property Interest for Acquisition of Public Road Right-of-Way for the County
Road 29 Improvements Project between State Highway 392 and County Road 74, and
the acceptance of property conveyance of same, 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 Haythorn Brothers, LLLP, with further terms and
conditions being as stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement and
accept said property conveyance, 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 Memorandum of Agreement for the Purchase of Property Interest for
Acquisition of Public Road Right-of-Way for the County Road 29 Improvements Project
between State Highway 392 and County Road 74, 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 Haythorn Brothers, LLLP, be, and hereby is,
approved.
Be it further resolved by the Board that the property conveyance of same be, and hereby
is, accepted.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
all necessary documents.
5082040 Pages: 1 of 2 �J(C4l/Kfl/on/CK��/M/SL3
02/10/2026 11:04 AM R Fee:$0.00 CC:P
) 2026-0206
Carly Koppes, Clerk and Recorder, Weld County , CO 0,9-/11 /2-6 EG0084
rEirIll.T E hY4 B II I
Memorandum of Agreement for Purchase of Property Interest for Acquisition of Public
Road Right-of-Way for County Road 29. Improvements Project Between State
Highway 392 and County Road 74, and Accept Property Conveyance of Same —
Haythorn Brothers, LLLP
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 2nd day of February, A.D., 2026:
Scott K. James, Chair: Aye ' �.
Jason S. Maxey, Pro-Tern: Aye ®O \ Las
Perry L. Buck: Aye I, 4.
Lynette Peppier: Aye
`"'��'
r
Y ppIsm d
Kevin D. Ross: Aye
Approved as to Form: '0400 "0 I®
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
•
5082040 Pages: 2 of 2
02/10/2026 11:04 AM R Fee:$0.00 2026-0206
Carly Koppes, Clerk and Recorder, Weld County , COI EG0084
liii 10rdltI lilrINIV l�LI l !�h'E 'III411II4fIIii4yh 11111
Conk-va eI- fi U o 30(o
,4 ._
6 - ={� __ MEMORANDUM
ICI, fa'. TO: Esther Gesick,Clerk to the Board DATE: 1/22/2026
f.
.a r�/--t � J� FROM: Val Mino-Public Works Department
�,v T Y
Ii
G O' U N---- , SUBJECT:ROW less than$5,000
Please place the following Right-of-Way(ROW)item on the next available BOCC Agenda,without a BOCC pass-around
memo. This ROW acquisition is associated with the WCR 29, from Hwy 392 to WCR 74 Improvements Project and the
proposed amount of payment to the landowners(Haythorn Bros.,LLLP)is$1431.46.
pc:
M:V Administration\Forms\MEMO-Form.doc
2026-0206
2/Z eel poaLl
GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These
covenants and agreements hereunder,shall inure to and be binding upon the GRANTOR and its heirs,personal
and legal representatives,successors and assigns forever.
10)Acknowledges and agrees that by signing this Agreement,it may be waiving rights,including,but not limited
to,the right to contest GRANTEE's taking of possession or title to the property by eminent domain.
11)GRANTOR warrants and represents to GRANTEE that the Property has never been used as a landfill or waste
dump;there has been no installation in or production,use,release,disposal,or storage on the Property of any
hazardous substances or other toxic substance,and there is no pending or threatened proceeding,inquiry,action,
litigation or order by any court,governmental authority or agency with respect to the Property under any
Environmental Laws or otherwise.
12)GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR after the date of
transfer,that such after acquired title is conveyed to the GRANTEE.
NOTE: At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by
GRANTOR to.the GRANTEE. GRANTEE makes no representations about the nature, title or value of the mineral
estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE,Paragraphs 8 and 9,
as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document.
❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from
the Memorandum of Agreement and the conveyance document.
The GRANTEE:
1)Will be entitled to specific performance of this agreement upon tender of the agreed consideration;
2)Will be held harmless from any claims against the property or to any interest in the property,except for any
benefits due under relocation law;
3)Will make payment after receiving acceptable conveyance instruments from the GRANTOR;
4)Will take possession and use of the parcel(s)when it deposits the consideration,as set forth above,into an
escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR.Transfer
of title to the parcel(s)shall occur upon performance of any and all terms under this agreement, and release of
the payment from escrow to the GRANTOR,unless other arrangements are made that follow Title III of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended;and
5)Will prepare the following documents:
® Deed of Dedication ❑ Utility Easement
❑ Access Deed ❑ Permanent Easement
❑ Full Release(s) Book/Page: ❑ Slope Easement
❑ Partial Release(s) Book/Page: ® Temporary Easement
Order Warrant$ 1,431.46 Payable to:Haythorn Bros.,LLLP,a Colorado limited liability limited
partnership
Order Warrant$ Payable to:
GRANTOR:Haythorn Bros.,LLLP,a Colorado limited liability limited partnership
MN
By 72-- Date: /0tr.,
ATTEST:WELD COUNTY CLERK TO THE BOARD OF COUNTY COMMISSIONERS WELD
BOARD COUNTY, • OLORADO
o ..
m •
BY: BY:
•3 S Deputy Clerk to the Boar Scott Kc:;
® APPROVED AS TO FORM: '^+ FEB 0 .2 2026
e
10
� County Attorney: '"1861
to cc of
Nm- -
No II I
N m> Page 2 of 3 WELD/CDOT Form#784—04/2024
OD
2U7I0-07-0I0
•
MEMORANDUM OF Project Code:N/A Parcel No:08050400002
AGREEMENT TO PURCHASE Project No:SFT-13
PROPERTY INTEREST Location:WCR 29—HWY 392 TO WCR 74
County:Weld State Highway No:N/A
This Memorandum of Agreement("Agreement")made on c jvu ay, 217 nacis between Weld County
(GRANTEE)for the purchase of the parcel(s)listed above from the
Owner(s) Haythorn Bros.,LLLP,a Colorado limited liability limited partnership (GRANTOR).
Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado
state laws and regulations.The amount of money and/or compensation listed below is full consideration for the
following land,easements,improvements,and damages of any kind.
Land(RW) 798 Sq.ft®/acres❑ $ 1,000.00(min)
Permanent and Slope Easements Sq.ftO/acres0
Temporary Easements(TE) 2,247 Sq.ft®/acres❑ $101.12
Improvements: $
Gross Total $ 1,101.12
Additional consideration for incentive payment to Grantor if Agreement signed by
Grantor on or before January 22,2026,per the terms stated below in"Other $330.34
conditions."
Net Total $ 1,431.46
Other conditions:
See attached Addendum.
Grantor(OWNER)is hereby advised Grantee(the COUNTY),its employees,contractors or representatives,is
seeking to accelerate the Project.Therefore,it is understood and agreed that:
1. For the purpose of expediting the project,the COUNTY is hereby offering OWNER an incentive of$330.34
shown above,if this Memorandum of Agreement(MOA)is(1)properly executed by OWNER,and(2)received by
the COUNTY or its representatives on or before January 22,2026.
2.If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business
January 22,2026 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to
pay the incentive payment of$330.34. Further,OWNER understands that if the COUNTY or its representatives
has not received a fully executed MOA by close of business January 22,2026,the COUNTY's position at any
further proceedings regarding"Just Compensation"will be in the amount of$1,101.12(R)(Gross Total).
The GRANTOR:
1)Represents that he or she is the legal owner of the property and has the right to convey the property in the
manner detailed in this Agreement;
2)Acknowledges that just compensation was determined by an appropriate valuation procedure prepared in
accordance with applicable laws and regulations,and hereby knowingly waives any right to contest such
valuation;
0 3)Agrees the amount of money and/or compensation listed above is full consideration for the following land,
easements,improvements,and damages of any kind whatsoever;
4)Will,at the closing,pay all taxes(including prorated taxes for the current year)and special assessments for the
u current year;
5)Has entered into this agreement because the GRANTEE has the power of eminent domain and requires the
0.1
property for public purposes;
6)Shall be responsible for securing releases from all liens,judgments and financial encumbrances to deliver clear,
r � unencumbered title to GRANTEE.Any encumbrance required to be paid by GRANTOR shall be paid at or
wva
o v before closing from the proceeds of the transaction hereby contemplated or from any lawful other source;
re m_Z 7)Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below;
�� 8)Excepts from the subject property described herein in the attached Exhibits,the mineral estate and including all
r coal,oil,gas and other hydrocarbons,and all clay and other valuable mineral in and under said subject property.
o Y The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use,
o.m m— without payment of further compensation to the GRANTOR,any and all sand,gravel,earth,rock,and other road
building materials found in or upon said subject property and belonging to the GRANTOR;and
9)The GRANTOR further covenants and agrees that no exploration for,or development of any of the products,as
r,m a i described above,and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby
N 0_ 1 excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits,and
c�m a M that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the
Co--.—
IOm0�
•
ADDENDUM:
1)This Agreement and the conveyance of the Property 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.
2)This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County,Colorado or its designee.
3)No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of
the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act§24-
10-101 et seq.,as applicable now or hereafter amended.
4)This Agreement including the Exhibits attached hereto and incorporated herein,contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all
prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in
this Agreement. No oral representation,promise,or consideration different from the terms herein contained shall be
binding on either party,or its agents or employees. This Agreement maybe changed or supplemented only by a
written instrument signed by both parties.
5)Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference which
conflicts with said laws,rules and/or regulations shall be null and void.In the event of a legal dispute between the
parties,the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
6)If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of
competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
7)In the event of litigation between the parties in connection with this Agreement,the parties agree that each party
shall be responsible for the payment of their respective attorney fees and/or legal costs incurred by or on its own
behalf.
8)Any right or obligation in this Agreement that,by its terms,exists or is intended to be performed after termination
or Closing will survive Closing of this Agreement and will not be merged into the deed of the Property delivered by
GRANTOR or GRANTEE at Closing.
9)The county's contractor will remove the existing irrigation ditch in the south-east corner of the intersection of
WCR 29 and WCR 74 and construct a new irrigation ditch per the plans with a modification date of 12/22/25.
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In 6, MI
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE—QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 66
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF QUITCLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO.
3307984, DATED JULY 29, 2005, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SEC11ON 4, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE WEST UNE OF SAID NORTHWEST ONE—QUARTER AS BEARING
SOUTH 04'54'08" WEST, A DISTANCE OF 2567.80 FEET, TO THE WEST ONE—QUARTER CORNER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 48'01'01" EAST, A DISTANCE OF 43.89 FEET, TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY
LINE OF COUNTY ROAD 74, DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS AT BOOK 3, PAGE 8,
DATED JULY 19, 1881, AND ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 29,
DESCRIBED IN ROAD VIEWERS REPORT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION
NUMBER 15165, DATED JANUARY 08, 1885, AND BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE, NORTH 88'52'07" EAST, A DISTANCE OF 40.00 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT—OF—WAY UNE, SOUTH 41'58'59" WEST, A DISTANCE OF 54.68 FEET,
TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF SAID COUNTY ROAD 29;
THENCE ALONG SAID EASTERLY RIGHT—OF—WAY UNE, NORTH 04'54'08" WEST, A DISTANCE OF 40.00 FEET, TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 798 sf. OR 0.018 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, - •
SURVEYOR IN AND FOR WELD COUNTY, COLORADO. .
Q. :Q
DANIEL R. HOLMES
PLS 38213 �•� •
.
• NALLAN� J
•
•
RIGHT OF WAY WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION WCR 29-HWY 392 TO WCR 74
PROJECT
HAYTHORN BROS.,LLLP r -;i •` , •
PROJECT NO: S> r-13 SCALE:
WELD COUNTY,COLORADO 3 G 0 U N T Y '
II _ DATE:6-16-25 DRAWN BY:DRH SHEET:1 of 2
5082041 Pages: 4 of 7
02/10/2026 11:04 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 f��� r:�I CI IM LIValill+lMMI4 Ilk 11111
EXHIBIT-A
I
I I NORTH ONE—QUARTER CORNER
I I S4—T6N—R66W FOUND 3 1/4"
—— ——J L�-- -- -- ALUMINUM CAP LS-10855, 1993,
IN MONUMENT BOX
EXISTING 60' P.O.C. ,,,
RIGHT OF WAY NORTHWEST CORNER S4—T6N—R66W o
B.O.C.C.BK.3,PG.8 FOUND 3 1/4" ALUMINUM CAP o
JULY 19,1881 LS-7242, 1994, IN MONUMENT BOX N88'52'07"E
— — — — — — 2663.12'------A
WCR 74 L, P.O.B. La
cl
L2
•,�����• RIGHT-OF-WAY
I ♦ ♦ ACQUIRED
I L4 1 L3 179
0.0818 sf.a.c.OfR
I I
I
I ' I LINE TABLE
I I LINE BEARING DISTANCE
I II L1 S48'01'01"E 43.89'
I 30.00'
30.00 I L2 N88'52'07"E 40.00'
I L3 S41'58'59"W 54.68'
I
EXISTING 60' I L4 N04'54'08"W 40.00'
RIGHT OF WAY
RECP.#15165 HAYTHORN BROS., LLLP
]AN.08,1885 I D
Nlo N I PARC.#080504000022
1 ZII � I I RECP.# 3307984, 7-29-2005
GUTTERSEN& 1 momI
I
COMPANY I o m; ► I
I G I
I I I NORTH WELD COUNTY WATER DISTRICT
I 1iiI I RECP.#4448563,1 I-26-2018
I I I 30'WATERLINE EASEMENT
30.00'
I I
I I I 4":p,OO.Li
" ' \ IN I \
\ SN :.A.
611 I I I . Vo : jF o-2547::'
I I I I ,t�j°A'q.....0
I LLA
WEST ONE—QUARTER CORNER '• ,
I
S4-T6N-R66W FOUND 3 1/4"
ALUMINUM CAP LS-22098, 1989 I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY:
RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
�1-; i \ WCR 29-HWY 392 TO WCR 74
1r` '' "I i PROJECT
HAYTHORN BROS.,LLLP ,a\/ , 1 LIB
Jp `� PROJECT NO: SFT-13 SCALE: 1"=50
WELD COUNTY,COLORADO � � G O U N T Y —
IDATE:6-16-25 DRAWN BY:DRH SHEET:2 of 2
5082041 Pages: 5 of 7
02/10/2026 11:04 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 rdIILl kill MI ihl IIAIRMIII41 WM 111111
EXHIBIT-B
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE—QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 66
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF QUITCLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO.
3307984, DATED JULY 29, 2005, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE WEST UNE OF SAID NORTHWEST ONE—QUARTER AS BEARING
SOUTH 04'54'08" WEST, A DISTANCE OF 2567.80 FEET, TO THE WEST ONE—QUARTER CORNER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 68'31'25" EAST, A DISTANCE OF 78.04 FEET, TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY
LINE OF COUNTY ROAD 74, DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS AT BOOK 3, PAGE 8,
DATED JULY 19, 1881, AND BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE, NORTH 88'52'07" EAST, A DISTANCE OF 39.63 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT—OF—WAY UNE, SOUTH 01'07'53" EAST, A DISTANCE OF 20.00 FEET;
THENCE SOUTH 88'52'07" WEST, A DISTANCE OF 24.11 FEET;
THENCE SOUTH 41'58'59" WEST, A DISTANCE OF 74.09 FEET, TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE
OF SAID COUNTY ROAD 29;
THENCE ALONG SAID EASTERLY RIGHT—OF—WAY UNE, NORTH 04'54'08" WEST, A DISTANCE OF 34.25 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT—OF—WAY UNE, NORTH 41'58'59" EAST, A DISTANCE OF 54.68 FEET, TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,247 sf. OR 0.052 cc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, �� •.,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ;''• Pia
(- V.t,
DANIEL R. HOLMES C3 �i3
PLS 8213 . V fry a p�
°NAL LANDS
TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
EASEMENT ACQUISITION �_s,
�, i ," j_ �1 WCR 29-HWY 392 TO WCR 74
t `Ji I"�I -� I� PROJECT
HAYTHORN BROS.,LLLP �J'_ 7'JI /; PROJECT NO: SFT-13 SCALE:
WELD COUNTY,COLORADO 3 G O LI N 7 Y L
DATE:6-16-25 DRAWN BY:DRH SHEET: I of 2
- - - - 7,,5082041 Pages: 6 of 7
02/10/2026 11:04 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
111111 l���R��f Gin ly4'�hti �I�'f 41411,4 11111
EXHIBIT-B
I 1
I I NORTH ONE—QUARTER CORNER
I I S4—T6N—R66W FOUND 3 1/4"
ALUMINUM CAP LS-10855, 1993,
___]
—— —— I —— —— —— IN MONUMENTBOX —— ——
EXISTING 60' P.O.C. co
RIGHT OF WAY NORTHWEST CORNER S4—T6N—R66W o
B.O.C.C.BK.3,PG.8 FOUND 3 1/4" ALUMINUM CAP c "
JULY 19,1881 LS-7242, 1994, IN MONUMENT BOX N88'52'07 E
— - 2663.12'---1
WCR 74 L1 P.O.B. o
P.
L2 __
;` '�;;";.� `I,�; L3 TEMPORARY CONSTRUCTION
I I •),;-,x" EASEMENT ACQUIRED
I I\ 1 xx. :‹vL7 x L, 2,247 sf. OR 0.052 ac.±
1 •<' LINE TABLE
1 , ^; L5 I LINE BEARING DISTANCE
L6 L1 S68'31'25'E 78.04'
L2 N88'52'07"E 39.63'
1 ` I L3 SO1'07'53"E 20.00'
EXISTING 60 I 30.00' 30 I I L4 S88'52'07"W 24.11'
RIGHT OF WAY I 5 S41'S8'S9"W 74.09'
RECP.#15165CO
L6 N04'54'08"W 34.25'
JAN.08,1885 I a 1 L7 N41'58'59"E 54.68'
1 NINON I
TTI o I HAYTHORN BROS., LLLP
GUTTERSEN& I Ca 0 i I PARC.#080504000022
COMPANY I �; 1 I RECP.# 3307984, 7-29-2005
I z
l o I
I I NORTH WELD COUNTY WATER DISTRICT
I lii I RECP.#4448563,11-26-2018
30'WATERLINE EASEMENT
I In I 30.00' .,....
I NIt I �0 • er! 'p , '�0o �:.a .
\1k0 I o -
40-1 cc
1 G-l7
:QI
I o �s')' I o�
I I LLM(
WEST ONE-QUARTER CORNER II I IS4-T6N-R66W FOUND 3 1/4"
ALUMINUM CAP LS-22098, 1989 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
I
I IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
WELD COUNTY DEPARTMENT
TEMPORARY CONSTRUCTION861 OF PUBLIC WORKS
EASEMENT ACQUISITION ��.- ��
I�,, (�>�, \,, WCR 29-HWY 392 TO WCR 74
!; i� — PROJECT
HAYTHORN BROS.,LLLP i `l+ I.V L % PROJECT NO: SFT-13 SCALE: 1"=50
WELD COUNTY,COLORADO Am C Q U N T Y
DATE:6-16-25 DRAWN BY:DRH SHEET:2 of 2
5082041 Pages: 7 of 7
02/10/2026 11:04 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 PAC h'irihl IPANLr MIQ11.101XYL41III1
Contr- ctr
, ! Entity Information
Entity Name* Entity ID* New Entity? Please use the job
HAYTHORN BROTHERS LLLP SUP-51022 aid linked here to add a
Q supplier in Workday.
Contract Name* Contract ID Parent Contract ID
H• AYTHORN_WCR29_RIGHT-OF-WAY ACQUISITION 10306
Requires Board Approval
Contract Status Contract Lead* YES
CTB REVIEW VMINO
Department Project#
Contract Lead Email
vmino@weld.gov
• Contract Description*
ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE WCR 29, FROM HWY 392 TO WCR 74 IMPROVEMENT
P• ROJECT.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 01/24/2026
01 /28/2026
A• mount* Department Email
$• 1,431.46 CM- Willa work session with BOCC be required?*
PublicWorks@weld.gov NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be
CM-PublicWorks- included?
Automatic Renewal DeptHead@weld.gov NO
Grant County Attorney
IGA GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/31 /2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/31 /2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01 /28/2026 01 /29/2026 01/29/2026
Final Approval
BOCC Approved Tyler Ref#
AG 020226
BOCC Signed Date
Originator
BOCC Agenda Date VMINO
02/02/2026
_L paT7_ ..':.V..�a" 9
Y ` MEMORANDUM
�/1 11 ;iii
TO: Esther Gesick Clerk to the Board DATE: 2/23/26
lU , C FROM: Erich Green& Val Mino Public Works Department
iGpUNT
? ,g_.. ' ,, ,� SUBJECT: BOCC Consent Agenda Item—Haythorn Deed of
fig'' a,={- Dedication- Contact ID 10306
The BOCC approved the Memorandum of Agreement for the purchase of ROW from Haythorn Brothers,
LLLP, as part of the WCR 29 -HWY 392 to WCR 74 Improvements Project on February 2, 2026. This
acquisition was completed at an informal closing. According to the resolution for the MOA,the Board is
authorized to accept the related property conveyance, and the chair is authorized to sign all necessary
documents. We request this item be added to the consent agenda.
•
Coon W1-1— CC 1 Pt,)cQ4A411131),E1,`i") Z UZCo— OZ O lQ
212' ✓Z(Q 7/75/ZCo EGO 4
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED,made this,2S day of ,2026,between Haythorn Bros., LLLP, a
Colorado limited liability limited partnership(referred to herein as "Grantor",whether one or more),
whose legal address is 630 Cheyenne Ave Eaton, CO 80615 and the County of Weld,a body corporate
and politic of the State of Colorado,by and through its Board of County Commissioners(referred to
herein as "Grantee"),whose legal address is 1150 "0" Street, Greeley, Colorado 80631:
WITNES SETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and
sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(1)(a),
hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,that real property
lying and being in the County of Weld, State of Colorado,to wit:
The real property described and depicted on the attached Exhibit A.
EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights-of-way, easements,
and utilities thereto existing or of record,and
RESERVING unto Grantor the mineral estate under said property,including oil,gas,hydrocarbons and any
and all water rights including non-tributary and not non-tributary water currently attached to,upon,under,
or associated with said property, except as required to sustain the integrity of the Public Highway.
GRANTOR: Haythorn Bros., LLLP, a Colorado limited liability limited partnership
BY:
AS: i% AL-5
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this rj9sc day of ,1jU,v n ,2026,
II II -i J ,, o � _J
by i l� 4T4li`Y1/t0 V�.- as V 'c . P Sfo.eA for
Hayt orn Bros., LLLP, a Colorado limited liability limited partnership.
itness my hand and official
seal.
votary public
STEPHANIE BRAUN
Notary Public
State of Colorado
Notary ID#20244036542
My Commission Expires 10-01-2028
5084900 Pages: 1 of 4
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 h���� 1�����h�� h���l "1��1�IG�L''�1���'�i��,�4��� 11111
ACCEPTANCE
The County of Weld,by and through its Board of County Commissioners,hereby accepts the above
dedication of property as a Public Highway(Public Right-of-Way)pursuant to C.R.S. §43-2-201(1)(a).
Dated this 751 day of Fe. 4 ,2026.
tl
ATTEST: ' %' % BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board `4 ; ` ELD COUNTY,COLORADO
BY:A .A )''I L . 'L i S.
Deputy Clerk to the Board ve • C ~ _ason S. Maxey,Chair em
*No Deed of Dedication is valid un : b iliotrloard of County Commissioners pursuant to C.R.S.
43-2-201(1)(a).
• (Version 2024-01-30)
•
5084900 Pages: 2 of 4
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Carly Koppes, Clerk and Recorder, Weld County , CO
11III I11.r111411I0'I '.MIVI!'a IWI:; 111111
20Z10-OZo(o
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF' LAND, LOCATED IN THE NORTHWEST ONE—QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 66
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF QUITCLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO.
3307984, DATED JULY 29, 2005, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE WEST UNE OF SAID NORTHWEST ONE—QUARTER AS BEARING
SOUTH 04'54'08",WEST, A DISTANCE OF 2567.80 FEET, TO THE WEST ONE—QUARTER CORNER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 48'01'01" EAST, A DISTANCE OF 43.89 FEET, TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY
LINE OF COUNTY ROAD 74, DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS AT BOOK 3, PAGE 8,
DATED JULY 19, 1881, AND ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY UNE OF COUNTY ROAD 29,
DESCRIBED IN ROAD VIEWERS REPORT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION
NUMBER 15165, DATED JANUARY 08, 1885, AND BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SOUTHERLY RIGHT—OF—WAY UNE, NORTH 88'52'07" EAST, A DISTANCE OF 40.00 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT—OF—WAY UNE, SOUTH 41'58'59" WEST, A DISTANCE OF 54.68 FEET,
TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF SAID COUNTY ROAD 29;
THENCE ALONG SAID EASTERLY RIGHT—OF—WAY UNE, NORTH 04'54'08" WEST, A DISTANCE OF 40.00 FEET, TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 798 sf. OR 0.018 ac. MORE OR LESS.
•THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, • .
SURVEYOR IN AND FOR WELD COUNTY, COLORADO. y'• s
DANIEL R. HOLMES O ,p
PLS 38213
NAL LAN"
RIGHT OF WAY WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ACQUISITION WCR 29-HWY 392 TO WCR 74
PROJECT
HAYTHORN BROS.,LLLP ;r -' Fr
J '1 Y' � ' PROJECT NO: SFT-13 SCALE:
WELD COUNTY,COLORADO C O U
DATE:6-16-25 DRAWN BY:DRH SHEET:I of 2
II�5084900 Pages: 3 of 4
02/25/2026 02:45 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
III�4���4�N� I�i�fCli h: 1+04 Fig W i I'21401 4 •IIII
EXHIBIT-A
1 1 NORTH ONE—QUARTER CORNER
1 I S4—T6N—R66W FOUND 3 1/4"
ALUMINUM CAP LS-10855, 1993,
—— —— —— —— —— IN MONUMENT BOX_ —— —
EXISTING 60' P.O.C. w
RIGHT OF WAY NORTHWEST CORNER S4—T6N—R66W o
B.O.C.C.BK.3,PG.8 FOUND 3 1/4" ALUMINUM CAP c
JULY 19,1881 LS-7242, 1994, IN MONUMENT BOX N88'52'07"E
— — — — 2663.12'—k
WCR 74 L1 P.O.B.
ca
—
� ���I RIGHT—OF—WAY
+♦ ACQUIRED
I L4 w 0 798 sf. OR
II I 0.018 ac.±
I I LINE TABLE
I LINE BEARING DISTANCE
I L1 S48'01'01"E 43.89'
30.0 Y \
L2 N88'52.07"E 40.00'
I 30.00 L3 S41'58'59"W 54.68'
EXISTING 60'—..„,4._ I L4 NO4'54'08"W 40.00'
RIGHT OF WAY
RECAN.08,1885AYTHORN BROS. LLLP
JAN.O8,1885 1 co I �
I Jo N I I PARC.#080504000022
REC
P.#CCZ1A 4"0 I I 3307984, 7-29-2005
GUTTERSEN& 1 o o m I
1 I
COMPANY I rn I
I 0 I
I I NORTH WELD COUNTY WATER DISTRICT
I Iii1 I Z--
RECR#4 ,11-26-2018
I I I 30'WATERLINE EASEMENT
30.00'
I
I 1 7:3 I I f; Ppo,11„ -F
��, g66 \¼0I I I ;• Fri
� \ \
I o
I I I J .
I I I ONACIAN�s
WEST ONE—QUARTER CORNER I
S4—T6N—R66W FOUND 3 1/4"
ALUMINUM CAP LS-22098, 1989 I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
I MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
I I IT IS INTENDED TO ILLUSTRATE THE ATTACHED
I I PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY I WELD COUNTY DEPARTMENT
ACQUISITION � 1861 OF PUBLIC WORKS
1 11 �r5.' "• . �'\ WCR29-HWY392TOWCR74
HAYTHORN BROS.,LLLP AC LtiJi�i, r� 1 PROJECT
i , ;� 1� PROJECT NO: SFT-13 SCALE: 1"=50
WELD COUNTY,COLORADO 3 GOUT 1 YA-
IDATE:6-16-25 DRAWN BY:DRH SHEET:2 of 2
5084900 Pages: 4 of 4
02/25/2026 02:45 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lIII 10rj04�N+QI 'L II�i'rK h�M I ILk'I�III�+lid 11111
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