HomeMy WebLinkAbout20260340 Resolution
Approve Permanent Drainage and Grading Easement, Accept Real Property
Donation Conveyance of Same, for Construction and Maintenance of
Bridge 19/46.5 (aka Little Thompson Bridge), and Authorize Chair to Sign —
Town of Johnstown
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 Town of Johnstown, 450 South Parish Avenue, Johnstown,
Colorado 80534, desires to donate a permanent drainage and grading easement with
Weld County Department of Public Works, with said property being further described in
the attached Exhibit A, and
Whereas, the Board has been presented with a Permanent Drainage and Grading
Easement for the Construction and Maintenance of Bridge 19/46.5 (also known as the
Little Thompson Bridge), and conveyance of the real property donation of same, between
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 the
Town of Johnstown, with further terms and conditions as stated in said permanent
easement, and
Whereas, after review, the Board deems it advisable to approve and accept said
permanent easement, 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 Permanent Drainage and Grading Easement for the Construction and
Maintenance of Bridge 19/46.5 (also known as the Little Thompson Bridge) as being
further described in the attached Exhibit A, and conveyance of the real property donation
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 the Town of Johnstown, be, and hereby is, approved and accepted.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said permanent easement.
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 18th day of February, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0340
EG0084
Cb - &-1' 10�5C
\ 8 � , MEMORANDUM
A , I r`. TO: Esther Gesick,Clerk to the Board DATE:2/5/2026
l / FROM: Michael Bedell,P.E.&Val Mino Public Works Department
r. G U N T Y SUBJECT: ROW,PE,TCE less than$5,000
1f ,
Please place the following Permanent Easement(PE)donation item on the next available BOCC Agenda without a BOCC
pass-around memo. This PE donation is associated with the Bridge 19 & 46.5A Improvements Project and the proposed
amount of payment to the(Town of Johnstown)is zero dollars.
pc:
M:\'Administration\Forms\MEMO-Form.doc
2026-0340
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Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61D93D
rM 1581 yi
Western States —
Land Services, LLC GOON
505 North Denver Avenue PUBLIC WORKS DEPARTMENT
Loveland,CO 80537 1111 H STREET
Phone:(970)667-7602 P.O.BOX 758
Fax:(970)667-6580 GREELEY,COLORADO 80632
WEBSITE:www.co.weld.co.us
PHONE:(970)356-4000, EXT.3750
FAX:(970)304-6497
REAL PROPERTY DONATION Project Code: 23137
Parcel No: PE-03 REV
Location: Little Thompson Bridge
19/46.5A
Property owners whose real property is needed for a transportation improvement project may donate all or any
part of the property to Weld County (County), waiving all or any portion of just compensation due the owner
for the property required for the project.
Where the property owner wishes to use the donation for a tax deduction, the owner should seek advice from
the Internal Revenue Service or a tax expert regarding the current rules for valuation for donation purposes. It
is the property owner's responsibility to ascertain the fair market value of the property for tax purposes. The
County will pay the reasonable cost of an appraisal for tax purposes if the value of the acquisition is estimated
by the Town at $5,000 or more and the appraisal is prepared by an independent and appropriately licensed
appraiser.
If the property is contaminated, the costs to clean up such contamination will not exceed the value of the
property.
Donation of the property is made voluntarily and with full knowledge of the right to receive just compensation.
The property is described in the attached "Exhibit A" which is incorporated herein.
The undersigned hereby releases the County from obtaining an appraisal or waiver valuation of the acquired
property, waives the right to receive an appraisal other than an appraisal for tax purposes as described above,
and waives the right to receive just compensation for the property. The undersigned hereby agrees to execute
the necessary conveyance instruments to transfer said property free and clear of all liens and encumbrances.
"—Signed by:
Mat Lt&4 2/4/2026
5 gnafure o ' 'roperty Owner Date
Attachment (Exhibit A): See attached Legal Descriptions
cc: Project Development Branch,ROW Program(original) CDOT Form#1344
Property Owner 8/20
Region ROW
Previous editions are obsolete and may not be used
Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61D93D
PERMANENT DRAINAGE AND GRADINGR EASEMENT(��'This Permanent Easement (PE), is made this tiay of 026, between Town of
Johnstown, Colorado, a municipal corporation, (referred to herein as "Owner•", whether one or more),
whose address is 450 S.Parish Avenue,Johnstown,Colorado 80534,and the County of Weld,a body
corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to
herein as "County"),whose address is 1150 '0' Street, Greeley, Colorado 80631:
WITNESSETH:That Owner,for and in consideration of payment made by County,the receipt and
sufficiency of which is hereby acknowledged,does hereby dedicate and convey unto County a Permanent
Drainage and Grading Easement,covering 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(the"Easement Area"),
subject to the following terms and conditions:
1. The PE is conveyed from Owner to County for the purpose of construction and maintenance of a
bridge crossing the Little Thompson River over Weld County Road 19. Notwithstanding anything to the
contrary stated herein, County shall have the right to use the Easement Area to effectuate that purpose.
County's permitted uses of the Easement Area shall include,without limitation,the following: 1)to drain
and flow surface water,inspect,survey,test,clean,repair,construct,remove,reconstruct,replace,upgrade,
cut, fill,slope and perform major and minor maintenance on the County's structures within the Easement
Area; 2) access the Easement Area, including all equipment the County deems necessary or appropriate;
and 3) mark the Easement Area by suitable markers set in or on the ground, provided that permanent
markers shall be placed in locations that will not interfere with Owner's reserved uses.
2. Owner reserves the right to use and occupy the Easement Area for any purpose consistent with the
permitted uses granted to County herein. Owner shall not fence the Easement Area or otherwise preclude
County's unobstructed access to the Easement Area. Because bridge construction and maintenance can be
damaging to other structures and facilities, Owner shall not construct or allow the construction of any
structure within the Easement Area.Owner shall not grant,dedicate,or convey any other easement within
the Easement Area, or otherwise authorize the placement of any utility or pipeline within the Easement
Area,without receiving prior written approval from County. County's approval shall not be unreasonably
delayed or withheld.
3. The PE is granted without any representations or warranties of title and subject to all existing
easements,encumbrances and matters of record or otherwise,including,but not limited to,any interests of
the Town of Johnstown,Colorado,a municipal corporation.The obligations of Owner herein and the rights
granted to County herein are subject to and qualified by this paragraph 3.
4. In the event any of the terms of this Easement are violated by a Party or by any person in privity
with such Party,such violation shall be immediately corrected and eliminated upon receipt of written notice
from the non-violating Party by the violating Party at the address first stated above or other address provided
for in writing by such Party,and,if not corrected,the non-violating Party shall have the right to correct and
eliminate such violation, and the violating Party, its successors and assigns, shall promptly pay the
reasonable costs to correct said violation upon receipt of invoice or other evidence of such costs. If such
violation is not corrected, the non-violating Party shall also have the right to file appropriate proceedings
to enjoin any violation and request specific performance of the conditions described herein. The non-
violating Party reserves the right to do all acts necessary to immediately remedy any emergency that may
arise within the Easement Area caused by or resulting from any such violation.
Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61D93D
5. In the event that County conducts any work within the Easement Area as allowed by this PE,
County shall restore or repair the Easement Area to its original condition or as close thereto as practicable,
including landscaping,reseeding,or other improvements,whenever the same may occur.This PE does not
grant County any authorization to enter onto Owner's property outside the Easement Area without prior
approval of Owner.
6. The rights granted herein shall be possessed and enjoyed by the Parties, their successors and
assigns, in perpetuity. This PE shall run with the land, and Owner's subsequent conveyance of the
underlying fee parcel shall be made subject to this PE.County's rights and obligations under this PE may
be assigned, in County's discretion, to any municipality or other governmental entity which obtains
jurisdiction over County's structures within the Easement Area.
7. The PE shall terminate upon abandonment by County or upon removal or destruction of the bridge
except in the case the bridge is being replaced.
8. The Parties hereto agree that neither has made or authorized any agreement with respect to the
subject matter of this instrument other than as expressly set forth herein,and no oral representation,promise,
or consideration different from the terms herein contained shall be binding on either Party, its agents or
employees.
9. The signatories hereto warrant that they have full and lawful authority to make the grant
hereinabove contained as Owner and the covenants and promises hereinabove made as County.
10. The Parties hereto agree that this Easement shall be recorded at County's sole expense in the office
of the County Clerk and Recorder in which the PE is located.
11. County shall be responsible,at its sole cost and expense,for addressing,resolving and remediating
and any and all issues,including but not limited to environmental issues,concerning Preble jumping mice
on,along or near the Easement Area,and shall hold Owner harmless from any and all liability arising from
such Preble jumping mice and the environmental issues related thereto. This County responsibility shall
apply solely to the Bridge 19/46.5 Replacement Project. After the work has been completed and deemed
to be acceptable to all associated government entities,this responsibility described herein shall expire.
IN WITNESS WHEREOF,the Parties hereto have executed this Permanent Drainage and Grading
Easement to be effective as of the mutual execution hereof.
OWNEllar ,wn of Johnstown, Colorado, a municipal corporation
BY:
Hat(.LCi 2/4/2026
19F7CEB2E68A4A9..
Date of Signature
PRINT: Matt LeCerf
IT'S: Town Manager
ATTEST: Signed by:
"—Signed by:
otii-dwer
wily)
reg i i4an°dl ar iinez,Town Clerk
Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61D93D
COUNTY:
ATTEST: V ► +r.
Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS
WELD TY,COLORADO
BY: BY: !
Deputy Clerk to the Bo• fir; ott K. James, Chair
sew IE 4N FEB 1 8 2026
t
APPROVED AS TO FORM: =tsbl tiv
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-7t4.4.t./9 41; ,;•
County Attorney , p �`
Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61 D93D
EXHIBIT "A"
PROJECT CODE: 23137
PROJECT NUMBER: BRO C030-079
PERMANENT EASEMENT NUMBER: PE-03 REV
DATE: OCTOBER 4,2024
PROPERTY DESCRIPTION
A Permanent Easement No. PE-03 REV of the County of Weld Project Code 23137, Project
Number BRO C030-079, containing 24,117 square feet(0.554 acre),more or less,being part of the
Northeast Quarter (NE1/4) of Section Nine (9), Township Four North (T.4N.), Range Sixty-seven
West (R.67W.) of the Sixth Principal Meridian (6th P.M.), Town of Johnstown, County of Weld,
State of Colorado, and being more particularly described as follows:
COMMENCING at the East Quarter(E1/4) corner of said Section 9; THENCE North 06°48'59"
West a distance of 564.98 feet to the intersection of the Southerly line of that parcel of land
described in that Special Warranty Deed recorded October 20,2022 as Reception No. 4862375 of
the records of the Weld County Clerk and Recorder with the West Right-of-way line of Weld
County Road 19, said West Right-of-way line being Sixty(60) feet, as measured at a right angle,
West of and parallel with the East line of the Northeast Quarter(NE1/4)of said Section 9,said
point bearing North 00°43'12"West along the East line of the Northeast Quarter(NE1/4)of said
Section 9 a distance of 561.78 feet and again South 89°16'48"West a distance of 60.00 feet from
the East Quarter(E1/4) corner of said Section 9, said point being the POINT OF BEGINNING;
The following Two (2) courses and distances are along Southerly lines of that parcel of land
described in said Special Warranty Deed:
1. THENCE North 19°22'15"West a distance of 253.56 feet;
2. THENCE North 58°50'01"West a distance of 26.23 feet;
3. THENCE North 19°23'12"East a distance of 59.18 feet;
4. THENCE North 72°20'31"East a distance of 51.38 feet;
5. THENCE North 00°43'40"West a distance of 205.69 feet to the Northerly line of that
parcel of land described in said Special Warranty Deed;
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Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61D93D
6. THENCE North 81°37'41"East along the Northerly line of that parcel of land described in
said Special Warranty Deed a distance of 34.20 feet to said West Right-of-way line;
7. THENCE South 00°43'12"East along said West Right-of-way line a distance of 534.88
feet to the POINT OF BEGINNING.
The above-described Permanent Easement contains 24,117 square feet(0.554 acre), more or less.
The purpose of the above-described Permanent Easement is for bridge improvements.
Basis of Bearings: The basis of bearings for project reference is the East line of the Northeast
Quarter(NE1/4)of Section Nine(9), Township Four North(T.4N.),Range Sixty-seven West
(R.67W.)of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado,being
monumentalized by a#6 rebar with a 2 '/z"diameter aluminum cap stamped"LS 17664, 1989"in a
monument box at the South end and by a#6 rebar with a 2 '/s"diameter aluminum cap stamped
"LS37968, 2010"at the North end, as bearing North 00°43'12"West,being a Grid Bearing of the
Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2011, a
distance of 2632.28 feet, with all other bearings contained herein relative thereto.
Lineal Unit Definition: The lineal dimensions as contained herein are based upon the"U.S. Survey
Foot."
For and on the behalf of . ',' c.,�&
County of Weld ;n�"' . . ,!-
Michael Chad Dilka, PLS 38106 i %c, <; ��
King Surveyors(Job#20190709) ix 38106 >• o
650 East Garden Drive ���lk:Jd. �, ;
Windsor, CO 80550 $ ss••.�¢" • s
(970)686-5011
Docusign Envelope ID:C88ABBCB-D646-49FD-A7EB-18566E61D93D
COUNTY OF WELD
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE-03 REV
FROM
The Town of Johnstown
450 S. Parish Avenue
Johnstown, CO 80534
FOR
Project Code: 23137
Project Number: BRO C030-079
Location: Little Thompson Bridge WEL019.0-046.5A
•• •
m38106ai
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contr rt Form
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
JOHNSTOWN, TOWN OF SUP-2322 aid linked here to add a
ill supplier in Workday.
Contract Name* Contract ID Parent Contract ID
DONATION OF PERMANENT EASEMENT FROM THE 10359
TOWN OF JOHNSTOWN FOR THE BRIDGE 19 & 46.5A Requires Board Approval
PROJECT Contract Lead* YES
VMINO
Contract Status Department Project #
CTB REVIEW Contract Lead Email
vmino@weld.gov
Contract Description*
DONATION OF PERMANENT EASEMENT FROM THE TOWN OF JOHNSTOWN FOR THE BRIDGE 19/46.5A PROJECT
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 02/07/2026
02/11 /2026
Amount* Department Email
$0.00 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-
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
02/09/2026 02/10/2026 02/10/2026
Final Approval
BOCC Approved Doc ID#
AG 021826
BOCC Signed Date
Originator
BOCC Agenda Date VMINO
02/18/2026
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