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Home My WebLink About20260260 Resolution Approve Memorandum of Agreement for Purchase of Property Interest for Acquisition of Public Road Right-of-Way for Galeton Drainage Improvements Project on County Road 74, Between Grandview Avenue and County Road 51, Accept Property Conveyance of Same, and Authorize Chair to Sign All Necessary Documents — Dual Doc Farms, LLC Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board has been presented with a Memorandum of Agreement for the Purchase of Property Interest for Acquisition of Public Road Right-of-Way for the Galeton Drainage Improvements Project on County Road 74, between Grandview Avenue and County Road 51, 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 Dual Doc Farms, LLC, 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 Galeton Drainage Improvements Project • on County Road 74, between Grandview Avenue and County Road 51, 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 Dual Doc Farms, LLC, 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. 5088665 Pages: 1 of 2 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 MIVEriiliWIAN.kri C l:1DR 1:RII'II 11111 5084022 Pages: 1 of 2 Cc%Qw(04404/vMi I A/5B) 2026-0260 02/20/2026 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 03/(0/26 EG0084 III Inc iriDIVICI11I+.k� 51KNICI WI'M o3/i 6 /g6 Memorandum of Agreement for Purchase of Property Interest for Acquisition of Public Road Right-of-Way for Galeton Drainage Improvements Project on County Road 74, Between Grandview Avenue and County Road 51, and Accept Property Conveyance of Same — Dual Doc Farms, LLC 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 9th day of February, A.D., 2026: Scott K. James, Chair: Aye 410,WMIP Jason S. Maxey, Pro-Tem: Aye i Perry L. Buck: Aye 4% Lynette Peppler: Aye ►,, '` Kevin D. Ross: Aye ;' 's Approved as to Form: %�,WO.," Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5088665 Pages: 2 of 2 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO hil:MikA hAI' Filiii 11111 5084022 Pages: 2 of 2 2026-0260 02/20/2026 11:11 AM R Fee:$0.00 EG0084 Carly Koppes, Clerk and Recorder, Weld County , CO III ECIItiIVIMICl'ViN M 4P CtklinEtyi, 111111 a__� v.u, - , ., Ci hkvaa Mi: I U33 7 t�R- I �f ��cT;- MEMORANDUM ,vial1.„' 8e� 4 � \ 0 hi �`� _i kTO: Esther Gesick,Clerk to the Board DATE: 1/29/26 rV .1 f - V.:A _ FROM: Val Mino and Trace Anderson Public Works Department C 0—i-str- -----1-z---- U NyT Y SUBJECT: ROW less than$5,000 .?'‘‘ii i r—t 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 Galeton Drainage Improvement Project and the proposed amount of payment to the landowner(Dual Doc Farms,LLC)is$1,560.00. pc: , M:\'Administration\Forms\MEMO-Form.doc 2026-0260 MEMORANDUM OF Project Code:N/A Parcel No:080105200016 AGREEMENT TO PURCHASE Project No:GR-75 PROPERTY INTEREST Location:WCR 74—Grandview Ave to WCR 51 County:Weld State Highway No:N/A This Memorandum of Agreement("Agreement")made on pbvueun�J�_1)mu!,I is between Weld County (GRANTEE)for the purchase of the parcel(s)listed above from the Owner(s) Dual Doc Farms,LLC,a Colorado Limited Liability Company (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) 0.155 Sq.ft❑/acres® $ 1,193.50 Permanent and Slope Easements Sq.ft❑/acres❑ $ Temporary Easements(TE) Sq.ft❑/acres❑ $ Improvements: Gross Total $1,200.00(R) 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 $360.00 conditions." Net Total $1.560.00 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$360.00 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$360.00. 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$1,200.00(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; 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)Excepts from the subject property described herein in the attached Exhibits,the mineral estate and including all coal,oil,gas and other hydrocarbons,and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the 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 products,as described above,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 of 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 - -_ _ 5088666 Pages: 1 of 5 e 03/16/2026 10:34 AM R Fee:$0.00 5084023 Pages: 1 of 5 508 0 2320 11:11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO02/ Carly Koppes, Clerk and Recorder, Weld County , CO ,III '�� 11TI��'��lIL1r �9r I' 11•ili III 1111 FAIRIE10:410:11AVIKKILt IE IV,Li 11111 - - - - ZOzc;=Uzc0o 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 arrgoggntcnts gre Lngde that follow Title III attic Uni(4rm Relocation Assistancqand Rggl Prop4ny. quisition Act Q1970,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$ 1,560.00 Payable to:Dual Doc Farms,LLC,a Colorado Limited Liability Company Order Warrant$ Payable to: GRANTOR:Dual Doc Farms,LLC,a Colorado Limited Liability Company masiisir By:_&4$0 _ Date: I— -+lc. 1�h; Etas, ATTEST: LD COUNTY C ERK T THE BOARD OF COUNTY COMMISSIONERS WELD BOA COUNTY,C 0 LORADO '18b1; ��: g Deputy erk to the Board Scott K!James.Chair FEB rtrOrr 0 9 � 2(b' APPROVED AS TO FORM: p • County Attorney: v 5088668 Pages: 2 of 5 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I INVIL0r14'I11111 I F'Jf r/il MAIN ill Y4rh 11111 - ---- - - -- ------------ Page 2 of 3 WELD/CDOT Forth#784—04/2024 5084023 Pages: 2 of 5 02/20/2026 11:11 AM R Fee:$0.00 - Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Nti1rLL11Yitlif ti k' Yid1111 2 0-(.0-ez l0 0 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 a contractural dispute 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. 5088666 Pages: 3 of 5 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III Mr.rIEPti#IOTIN,1141.4411011:4,111 111:ti+.ili k III III 5084023 Pages: 3 of 5 02/20/2026 11:11 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Nr11t+illia4 'Iir ',ITIVA ,l�t�I 11111 WELD/CDOT Form#784 with incentive—Jan.2026 EXHIBIT—A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE—QUARTER OF SECTION 5. TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT—B, OF RECORDED EXEMPTION NO. 0801-05-2 RECX20-0139, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4697085, DATED MARCH 25, 2021 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 64 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE—QUARTER AS BEARING NORTH 89'04'24" EAST, A DISTANCE OF 2641.37 FEET, TO THE NORTH ONE—QUARTER CORNER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 64 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE—QUARTER, NORTH 89'04'24" EAST, A DISTANCE OF 652.00 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00'55'36" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 74, DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 198988, DATED MARCH 16, 1914, AND BEING THE TRUE POINT OF QEGINNING. THENCE ALONG SAID SOUTHERLY RIGHT—OF—WAY UNE, NORTH 89'04'24" EAST, A DISTANCE OF 135.00 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT—OF—WAY LINE, SOUTH 00'55'36" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89'04'24" WEST, A DISTANCE OF 135.00 FEET; THENCE NORTH 00'55'36" WEST, A DISTANCE OF 50.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,750 sf. OR 0.155 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, _ SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ;.: 4 C,Qq DC, I./O DANIEL R. HOLMES f .c . "9M ..0 (411/7 , PLS 38213 ¢ ', •.fG, y J� J )//11 LANDS RIGHT OF WAY WELD COUNTY DEPARTMENT • ig6i '' OF PUBLIC WORKS ACQUISITION DUAL DOC FARMS, LLC TTA � .I :t:T ON D: AGE N PROTECT P NO: 5 SCALE: WELD COUNTY,COLORADO N T Y I DATE:9-29-25 DRAWN BY:DRH SHEET: 1 of 5084021 Pages: 4 of 5 5088666 Pages: 4 of 5 02/20/2026 11:11 AM R Fee:$0.00 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Carly Koppes, Clerk and Recorder, Weld County , CO 11111 l ir finfiNDE 4��'�I u+�ik�4�;'� h��fi4r�� 11 111 1111 l�P.rilr�� r4�aC4i 'I�,Ih ri liiiI0 �ir�h41116 111111 EXHIBIT-A 1 I \ / I I ( I a d' 1� gbr� 1 1 P.O.C. R0100/593 $ 1 � U NW CORNER EXISTING 60' ,��' N-1/4 CORNER I I SS-76N—R64W RIGHT-OF-WAY �J S5—T6N—R64W FOUND 3 1/4" ALUM. CA REC#198988 i• d' FOUND 3 1/4" ALUM. CAP 1 1 PLS-22098, 1991 3-16-1914 LS-7242, 1995. 1I , IN MONUMENT BOX IN MONUMENT BOX J -- -- L1-\_ - -- - -- P.o.B. _ BASIS OF BEARING WCR 74 L2 L3 N89_04'24'E 2641.37' ` L4 I 0. L5 RIGHT-OFACQUIRED I I 6,750 sf. NORTH WELD COUNTY WATER DISTRICT 25'RE WATER FAR 64 OR 0.155 oc.± 25'WATER LINE FM1FMENT 1 I a.' DUAL DOC r I 1 FARMS, LLC I I I PARC.#080105200016 , IZ -.2 I RECP.#4718662 / Q I LOT-B, RECX20-0139 LPL [----PL r RECP.#4697085 LINE TABLE I I LINE BEARING DISTANCE II CO, L1 N89'04'24"E 652.00' 'N 1--PL Q°' L2 SOO 55'36"E 30.00' I I< L3 N89'04'24"E 135.00' I PL O L4 SO0'55'36"E 50.00' t I ( , , �I L5 S89'04'24'W 135.00' PL L6 NOO'55'36"W 50.00' II l I CIA 6 _ 1_ �. ,0 — _ 1 THIRD ST. a r�;t �''; pc30 l./�s >a PL 1. % ''.I•'"�� • /_ (� Y 0 f4/244W, 1.:.ci I PL PL 1'L v 4. 1 !AL LAB v I I a'. 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 �861 y WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS ,IA I EGALETON DRAINAGE PROJECT • DUAL DOC FARMS, LLC PROJECT NO: GR-75 SCALE: 1"=200 O WELD COUNTY,COLORADO .G U N DATE: 9-29-25 DRAWN BY:DRII SHEET:2 of 2 5084021 Pages: 5 of 5 5088666 Pages: 5 of 5 02/20/2026 11:11 AM R Fee:$0.00 03/16/2026 10:34 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Carly Koppes, ClerkI and Recorder, Weld County , CO ��11 14�I�QNII+ 'Il�'�If�;F��I*M '�«'�i''L M WW�� 11 II lilt l�r�i"��'!Il TH I it Vi'wlil+��k10112 11�fi11Y111I�� Contract For ri Entity Information Entity Name* Entity ID* New Entity? Please use the job DUAL DOC FARMS LLC SUP-51747 aid linked here to add a 0 supplier in Workday. Contract Name* Contract ID Parent Contract ID DUAL DOC FARMS LLC_GALETON DRAINAGE_RIGHT- 10337 OF-WAY ACQUISITION Requires Board Approval Contract Lead* YES Contract Status VMINO CTB REVIEW Department Project# Contract Lead Email vmino@weld.gov Contract Description* ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE GALETON DRAINAGE IMPROVEMENT PROJECT LOCATED ALONG WCR 74 FROM GRANDVIEW AVE TO WCR 51. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 01 /31 /2026 02/04/2026 Amount* Department Email $1,560.00 CM- Will a 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- COU NTYATTORN EY@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 01/29/2026 02/04/2026 02/04/2026 Final Approval BOCC Approved Doc ID# AG 020926 BOCC Signed Date Originator BOCC Agenda Date VMINO 02/09/2026 Hello