HomeMy WebLinkAbout20260342 Resolution
Approve Memorandum of Agreement for Purchase of Property Interest for
Acquisition of Grant of Temporary Construction Easement for Galeton Drainage
Improvements Project on County Road 74, Between Grandview Avenue and County
Road 51, and Authorize Chair to Sign All Necessary Documents — Dillard Family,
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 Purchase
of Property Interest for Acquisition of a Grant of Temporary Construction Easement 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 Dillard Family, 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 Purchase of Property Interest for
Acquisition of a Grant of Temporary Construction Easement 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 Dillard Family, LLC, be, and hereby is, approved.
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 18th day of February, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0342
EO0084
Cur�lv�c-1-l�tk I 6(0I
MEMORANDUM
EI=
�n =T TO: Esther Gesick,Clerk to the Board DATE:2/6/26
✓IL. /I FROM: Val Mino and Trace Anderson Public Works Department
''" COUN T Y SUBJECT: ROW,PE,TCE less than$5,000
Please place the following Temporary Construction Easement(TCE) item on the next available BOCC Agenda without a
BOCC pass-around memo. This TCE acquisition is associated with the Galeton Drainage Improvement Project and the
proposed amount of payment to the landowner(Dillard Family,LLC) is$2,431.00.
pc:
M:\'Administration\Forms\MEMO-Form.doc
2026-0342
ZAS' EC-1U0S4-I-
MEMORANDUM OF Project Code:N/A Parcel No: 080106001012
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 FQ10V t A 0,y1 1812O7(oils between Weld County
(GRANTEE) for the purchase of the parcel(s)listed above from the JJ
Owner(s) Dillard Family,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) Sq.ft❑/acres❑ $
Permanent and Slope Easements Sq.ft❑/acres❑ $
Temporary Easements(TE) 1,556 Sq.ft®/acres❑ $ 1,867.20
Improvements: $
Gross Total $ 1,870.00(R)
Additional consideration for incentive payment to Grantor if Agreement signed by
Grantor on or before February 7,2026,per the terms stated below in"Other $561.00
conditions."
Net Total $ 2,431.00
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$561.00 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 February 7,2026.
2.If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business
February 7,2026 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the
incentive payment of$561.00. Further,OWNER understands that if the COUNTY or its representatives has not received a
fully executed MOA by close of business February 7,2026,the COUNTY's position at any further proceedings regarding
"Just Compensation"will be in the amount of$1,870.00(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;
2 07
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
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:
Page 2 of 4 WELD/CDOT Form#784—04/2024
❑ 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$ 2,431.00 Payable to:Dillard Family,LLC,a Colorado Limited Liability Company
Order Warrant$ Payable to:
GRANTOR: Dillard Family, LLC, a Colorado Limited Liability Company
f By: 4241444
nle"- Date: /'ad 'AAP XP
ATTEST: W"9:42J%1)IT&CLER5, TO THE BOARD OF COUNTY COMMISSIONERS
BOARD , r J! 604,4 COUNTY, COLORADO
186i 64y
I/ ��ti
BY: HryW47;Wt
nn l�N BY: " q
Deputy Clerk to the Board Scott K. James,Chair FEB 1 8 2 -/ / ~
APPROVED AS TO FORM: I��
County Attorney: '-4344t,
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
Page 3 of 4 WELD/CDOT Form#784-04/2024
Z oz -o -I
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.
Page 4 of 4 WELD/CDOT Form#784—04/2024
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE—QUARTER OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 64
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF LOTS 21-24, BLOCK 13, OF THE FIRST ADDITION TO THE TOWN OF ZITA (GALETON), FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 152437, DATED MARCH 04, 1910 AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 64 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE—QUARTER AS BEARING
SOUTH 88'35'54" WEST, A DISTANCE OF 2598.38 FEET, TO THE NORTH ONE—QUARTER CORNER OF SECTION 6,
TOWNSHIP 6 NORTH, RANGE 64 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE NORTH LINE OF SAID NORTHEAST ONE—QUARTER, SOUTH 88'35'54" WEST, A DISTANCE OF
447.86 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 01'24'06" EAST, A DISTANCE OF 40.00 FEET, TO A POINT ON THE
SOUTHERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 74, DESCRIBED IN SAID THE FIRST ADDITION TO THE TOWN
OF ZITA (GALETON), AND BEING THE TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID SOUTHERLY RIGHT—OF—WAY LINE, SOUTH 01'24'06" EAST, A DISTANCE OF 5,00 FEET;
THENCE SOUTH 88'35'54" WEST, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 00'57'39" EAST, A DISTANCE OF 100.69 FEET, TO A POINT ON THE SOUTHERLY LINE OF LOT-21
OF SAID THE FIRST ADDITION TO THE TOWN OF ZITA (GALETON);
THENCE ALONG SAID SOUTHERLY LOT LINE, SOUTH 89'08'03" WEST, A DISTANCE OF 10.00 FEET, TO A POINT ON
THE EASTERLY RIGHT—OF—WAY UNE OF PLEASANT HILL AVENUE;
THENCE DEPARTING SAID SOUTHERLY LOT LINE AND ALONG SAID EASTERLY RIGHT—OF—WAY LINE, NORTH
00'57'39" WEST, A DISTANCE OF 105.60 FEET, TO A POINT ON SAID SOUTHERLY RIGHT—OF—WAY LINE;
THENCE DEPARTING SAID EASTERLY RIGHT—OF—WAY LINE AND ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE,
NORTH 88'35'54" EAST, A DISTANCE OF 109.96 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,556 sf. OR 0.036 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, .�,"'‘�p,DO
SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ••
1 t;Q 6.mtc
DANIEL R. HOLMES 9:
PLS 38213 . 0 . C)
LAW
TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT
EASEMENT ACQUISITION
561 OF PUBLIC WORKS
t , . GALETON DRAINAGE PROJECT
DILLARD FAMILY, LLC / ,` ] .ITJ
PROJECT NO: GR-75 SCALE:
WELD COUNTY,COLORADO G U N T Y
DATE: 9-29..25 DRAWN BY:DRH SHEET: I of2
EXHIBIT-A
P.O.C.
NORTHEAST CORNER S6—T6N—R64W
FOUND 3 1/4" ALUMINUM CAP LS
ORTH ONE—QUARTER CORNER - - - - - - —"-�".22098, 1991 IN A MONUMENT BOX---\19
S6—T6N—R64W FOUND 3 1/4"
iTN
ALUMINUM CAP LS-22098, 1991
IN A MONUMENT BOX VVCR 7
— _ S88'35'54"W — —
4
1r 2598.38' — — S88'35'S4"W `
BASIS OF BEARING 30'RIGHT-OF-WAY 447.86'
REC#19898B,3-16-1914 Li
TEMPORARY CONSTRUCTION 40'RIGHT-OF-WAY P.O.B.
EASEMENT ACQUIRED REC#152437,3-04-1910
1,556 sf. OR 0.036 ac.± L7 _{ - - 11111=1110M - MN IIIMOMMIIM .I. NI —
L3 :�•%. t 1L27 ri.
3
I 10.00' — I r�
DILLARD FAMILY LLC
I L6 __ -n----: s
L4 PARC:#UR0'06001012 LINE TABLE
RECP.#2527254 LOTS-19-24 I I LINE BEARING DISTANCE
FIRST ADDITION TO THE
W TOWN OF21TARECP.#1524-37 L1 S01'24'06"E 40.00'
s I • L2 S01'24'06"E 5.00'
i' Q /' ` 'd I IL3 S88'35'54"W 100.00'
-`_ — L4 S00'57'39"E 100.69'
id 'd I L5 S89'08'03'W 10.00'
J I L5
i J � x L6 N00'ST39"W 105.60'
I __I 1---
L7 N88'35'54"E 109.96'
3 v r;
f�_-__
— _---___
JAv. z
II
t f i a
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A a
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I i t'1
IT IS INTENDED TO ILLUSTRATE THE ATTACHED IT IS INTENDED TO ILLUSTRATE THE ATTACHED ID
PROPERTY DESCRIPTION ONLY.
i
TEMPORARY CONSTRUCTION • kv � �,�Y� WELD COUNTY DEPARTMENT
EASEMENT ACQUISITION 6 OF PUBLIC WORKS
Vt, tr rii = �\ GALETON DRAINAGE PROJECT
DILLARD FAMILY, LLC ` . PROJECT NO: GR-75 SCALE: I"=50
WELD COUNTY,COLORADO J G p U N T Y ; _ —
DATE:9-29-25 DRAWN BY:DRH SHEET:2 of 2
C ntrIrt Form
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
DILLARD FAMILY LLC SUP-51 767 aid linked here to add a
supplier in Workday.
Contract Name* Contract ID Parent Contract ID
DILLARD FAMILY_GALETON DRAINAGE 10361
PROJECT_RIGHT-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 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
$2,431.00 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
02/06/2026 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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