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Home My WebLink About20260245 Resolution Approve Amended Memorandum of Agreement to Purchase Property Interest for Acquisition of Public Road Right-of-Way for County Road 66 Corridor Project, Accept Property Conveyance of Same, and Authorize Chair to Sign All Necessary Documents — Hungenberg Produce, Inc. 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 Amended Memorandum of Agreement to Purchase Property Interest for Acquisition of Public Road Right-of-Way for the County Road 66 Corridor Project, 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 Hungenberg Produce, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said amended agreement, and Whereas, after review, the Board deems it advisable to approve said amended 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 Amended Memorandum of Agreement to Purchase Property Interest for Acquisition of Public Road Right-of-Way for the County Road 66 Corridor Project 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 Hungenberg Produce, Inc., 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. 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 4th day of February, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0245 EO0084 AMENDED MEMORANDUM OF Project Code:N/A Parcel No:RW-34 AGREEMENT TO PURCHASE Project No:N/A PROPERTY INTEREST Location:Weld County Road 66 Corridor from HWY 85 to CR 74 County:Weld County Road No:66 This Amended Memorandum of Agreement("Agreement")made on FQbyL _ t 7�7i0► is between Weld County(GRANTEE)for the purchase of the parcel(s)listed above from the SiJ Owner(s) HUNGENBERG PRODUCE,INC,A COLORADO CORPORATION (GRANTOR). The purpose of this amendment is to amend the Agreement made on April 14,2025 to add Paul D.Hungenberg as a signatory,to update conveyance document type that Grantee will prepare from a Deed of Dedication to a Special Warranty Deed,and to add paragraph 10, 11 and 12 to the Addendum. 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-34) 0.666 Sq.ft❑/acres® S111,923.05 Permanent and Slope Easements Sq.ft❑/acres❑ $0.00 Temporary Easements Sq.ft❑/acres❑ $0.00 Improvements: Single-Family Residence Utility Shed Wooden Fencing Aggregate Trees $396,835.26 Shrubs SFR Septic System 100.03'Concrete Irrigation Ditch Owner Retaining Water Tap Damages: Lot Line Adjustment Management Fee $41,241.69 Gross Total $550,000.00 Net Total $550,000.00 Other conditions: See attached Addendum. The GRANTOR: 1)Represents that he or she is the legal owner of the Property(as hereinafter defined)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; 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 current year; 5)Has entered into this agreement because the GRANTEE has the power of eminent domain and requires the Property for public purposes; 6)Shall be responsible for securing releases from all liens,judgments and financial encumbrances to deliver clear, unencumbered title to GRANTEE.Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction hereby contemplated or from any lawful other source; 7)Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below; 8)Reserves all rights,title,and interest in and to,and excepts from the subject Property described and being conveyed herein in the attached Exhibits(the"Property"),the mineral estate including(but not limited to)all coal,oil,gas,ores,metals,and other hydrocarbons,and all clay and other valuable minerals in and under said subject Property(collectively,the"Mineral Rights"). The GRANTOR hereby covenants and agrees that the Z/, 2026-0245 `i Eel ()c)SU GRANTEE shall forever have the right to take and use,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 Mineral Rights retained and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits,and that in the event any such operations may hereafter be carried on beneath the surface of said premises,the 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 Rights ownedby GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature,title or value of the Mineral Rights. In transactions where GRANTOR conveys the underlying Mineral Rights to GRANTEE,Paragraphs 8 and 9,as set forth above,will be deleted from this 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 existing prior to transfer of the Property to GRANTEE,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 Property 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 Property 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 Ill of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended;and 5)Will prepare the following documents: ® Special Warranty Deed ❑ Utility Easement ❑ Access Deed ❑ Permanent Facrment ❑ Full Release(s) Book/Page: ❑ Slope Easement ❑ Partial Release(s) Book/Page: ❑ Temporary Easement Order Warrant$550,000.00 Payable to: HUNGENBERG PRODUCE, INC., A COLORADO CORPORATION Order Warrant$ Payable to: GRANTOR:HUNGENBERG PRODUCE,A COLO DO CORPO•: • 40Ir 041 A -/-411 Michael B.Hungenberg •aul D.Hungenber,' ATTEST:WED COUNTY CL RK T THE BOARD OF COUNTY COMMISSI• ' ;f' BOARD ;eik COUNTY,COLORADO r BY: frOO "aP BY: Deputy lerk to the Board Scott K.James,Chair FEB 0 4 ZCZ6:q)*11: APPROVED AS TO FORM: Real Estate Specialist =r:: IA f . County Attorney: Page 2 of 3 WELD/CDOT Form#784—04/2024 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 may be 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)Grantor shall retain ownership of the existing water tap associated with North Weld County Water District Account#3756000. 10_This transaction was entered into by the parties in lieu of condemendation. 11)Grantee is aware that Grantor intends to perform an IRC Section 1033 involuntary conversions.Grantor requests Grantee's cooperation in such an exchange and agrees to hold Grantee harmless from any and all claims,costs, liabilities,or delays in time resulting from such an exchange. 12)The Grantee did not make payment for the Deed of Dedication that was erronously recorded at Reception 5022866. Page 3 of 3 WELD/CDOT Form#784-04/2024 HUNGENBERG 4 ° KHL FARMS, LLLP 4,111 ' 34 HUNGENBERG PRODUCE, INC HUNGENBERG PARC.#080322000039 KHL FARMS, LLLP RECP.#3769714 SWD, 05-20-2011 PARCEL "B" RE-116 a_ REC#1632049, 3-15-1974 ` vir•�sat' 1/` 'V, RIGHT-OF--WAY £ to., `►�`t►�� ACQUIRED RW-34 :..♦:♦`:.:♦ 9 f OR 0.666 ac.± ,�.��'♦�♦�♦�♦�� Pr-ROW �� 40 Pr-ROW Pr-ROW FUTURE RIGHT-0E-WAY 4 4 FUTURE RIGHT-OF-WA'; �t2 w*4: Sp 4 Vl/CR-66 - - - • 4,0f PL PL PL E-1/16 CORNER S22-T6N-R65W O r0¢ Qd PLATTE RIVER o NGL CRUDE MIDSTREAM INC. TERMINALS, LLC k#1 r as 0 EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE—QUARTER OF THE SOUTHEAST ONE—QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL BEING A PORTION OF PARCEL—B OF RECORDED EXEMPTION NO. 0803-22-4—RE 116 (RE-116), FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1632049, DATED MARCH 15, 1974 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE—SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE SOUTHEAST ONE—QUARTER OF SAID SOUTHEAST ONE—QUARTER AS BEARING SOUTH 89'29'43" EAST, A DISTANCE OF 1329.85 FEET, TO THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WESTERLY UNE OF PARCEL—B OF SAID RE-116, NORTH 00'50'57" WEST, A DISTANCE OF 20.01 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 66 DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS IN BOOK 2, PAGE 77, DATED APRIL 07, 1876 AND BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT—OF—WAY LINE AND CONTINUING ALONG SAID WESTERLY UNE OF PARCEL—B, NORTH 00'50'57" WEST, A DISTANCE OF 200.00 FEET, TO A POINT 220.00 FEET NORTH OF SAID SOUTH SECTION LINE; THENCE DEPARTING SAID WESTERLY LINE AND ALONG A LINE 220.00 FEET FROM AND PARALLEL WITH SAID SOUTH SECTION LINE, SOUTH 89'29'43" EAST, A DISTANCE OF 145.00 FEET, TO A POINT ON THE EASTERLY LINE OF SAID PARCEL—B; THENCE ALONG SAID EASTERLY LINE, SOUTH 00'50'57" EAST, A DISTANCE OF 200.00 FEET, TO A POINT ON SAID NORTHERLY RIGHT—OF—WAY LINE; THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, NORTH 89'29'43" WEST, A DISTANCE OF 145.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 28,993 sf. OR 0.666 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PD4 l/ • PLS 38213 Q‘• U 4ZNJ'�,' Iz 17 f /�NqL LANbSJ RIGHT OF WAY 1/4 A WELD COUNTY DEPARTMENT ACQUISITION r OF PUBLIC WORKS jai WCR 66 CORRIDOR PROJECT HUNGENBERG PRODUCE, INC. RW-34 V`- PROJECT NO: GR-67 I SCALE: WELD COUNTY,COLORADO �_G O UN T Y DATE:12-17-24 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT-A HUNGENBERG vrl i :;)..;./0". 'D(07 O': ,A`7i\ A‘OV e KHL FARMS, LLLP ' ':`P0 li,-", ' •orHUNGENBERG �F��•./Z./1-=;-JQ� KHL FARMS, LLLP ��',AL LANDS 34 LINE TABLE LINE BEARING DISTANCE a HUNGENBERG PRODUCE INC L1 NO0'50'57"W 20.01' 1 L2 N00'50'57"W 200.00' PARC.#080322000039 L3 S89'29'43"E 145.00' RECP.#3769714 SWD, 05-20-2011 L4 S00'50'57"E 200.00' L5 N89'29'43"W 145.00' d PARCEL "B" RE-116 15'FARM ACCESS EASEMENT REC#1632049, 3-15-1974 REC#3898640.12-26-2012 Id I 15' L3 RIGHT-OF-WAY &�� NORTH WELD COUNTY WATER DISTRICT ACQUIRED RW-34 �AV�.�♦�♦�♦�♦�.�: REC#4293173.04-12-2017 28,993 OR 0.666 ac.t ••,I♦.•.♦♦♦♦♦♦♦♦•. 30'WATER LINE EASEMENT i L4 Pr-ROW Pr-ROW Pr-ROW ♦♦♦♦♦.♦4 r Pr-ROW Pr-ROW Pry Pr-ROW-- FUTURE RIGHT-OF-WAY L2 �...♦♦...♦♦♦.♦. ,�♦♦♦♦..♦♦.•♦♦♦,� FUTURE RIGHT-OF-WAY Alb. I4 meri P.O.B. i+;iii .1. ..::.-o_ilif.!` 4 • WCR-66 — _ _ •. o,� BASIS OFBEARING — S89'29'43 E 1329_85 P.O.C. PL P. Ft E-1/16 COR. S22-T6N-R65 Z SE COR. S22-T6N-R65W FND 2 1/2" ALUM. CAP 0 EXISTING 40' FND 2 1/2" ALUM. CAP LS38571 2021 IN MON. BOX Q Q RIGHT-OF-WAY LS38X58 2016 IN MON. BOX PLATTE RIVER z o RD.BK 2, PG 77 NGL CRUDE MIDSTREAM INC'. v ce APR. 07-1876 TERMINALS, LLC w0 -1 v NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A Co ale MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. d IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY -1/4\ WELD COUNTY DEPARTMENT "*-> 1g '-� OF PUBLIC WORKS ACQUISITION 101 -- �, WCR 66 CORRIDOR PROJECT HUNGENBERG -1. PRODUCE, INC. RW-34 CIL-- PROJECT NO: GR-67 SCALE: 1"-100 L Gp NT_�' I WELD COUNTY,COLORADO -- --' DATE:12-17-24 DRAWN BY:DRH SHEET: 2 of_7 Hello