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Home My WebLink About20260795 Resolution Approve Memorandum of Agreement to Purchase 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 — Heirs of Peter R. Jackson 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 to Purchase 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 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 the Heirs of Peter R. Jackson, 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 to Purchase 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 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 the Heirs of Peter R. Jackson, be, and hereby is, approved and 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 8th day of April, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0795 EO0084 Cbn c IDA165Z3 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW TITLE: WCR 29 - Hwy 392 to WCR 74 Project Initial ROW Offer for the Heirs of Peter R. Jackson DEPARTMENT: Public Works DATE: 10/01/2025 PERSON(S) REQUESTING: Mike Bedell, Val Mino, Don Dunker and Curtis Hall Brief description of the problem/issue: Public Works is in the Right of Way (ROW) acquisition phase of the WCR 29 - Hwy 392 to WCR 74 Improvements Project. We have received waiver valuations for each property in which the purchase of ROW is required, and we are preparing to send out initial ROW offers to the affected landowners. This purchase includes only farmland at the corner of WCR 29 and Hwy 392, with zero damages, and the property owners are not getting their own appraisal. In anticipation of the need to relinquish land at this intersection to CDOT when they inevitably make improvements to Hwy 392, the land will be acquired fee simple. Weld County will own this land until it is Quit Claimed to CDOT. Land valuation and incentive values are given in the table below. County 30 % County Total Initial Owner's Landowner ROW Easement Waiver Incentive Appraisal Offer from Appraisal + (sqft) (sqft) Valuation on Land of the County 30`)/0 Values Damages Incentive Heirs of Peter 2002 0 $7928.00 $2,378.40 0 $10,306.40 NA R. Jackson What options exist for the Board? 1. Approve the initial ROW acquisition offer for the Jackson property 2. Do not approve initial ROW acquisition offer for the Jackson property 3. Discuss alternate options for this project in a work session Consequences: Denial of this initial offer will delay the ROW acquisition process. Impacts: Any delay in ROW acquisition will delay the entire project. Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years): $10,306.40 in 2025. Recommendation: Public Works staff recommends Weld County extend an initial offer to the Heirs of Peter R. Jackson in the amount of$10,306.40 for the purchase of right of way related to the WCR 29—Hwy 392 to WCR 74 Improvements Project, located at 33120 County Road 29, Greeley, CO 80631, and be allowed to negotiate up to $11,852.36. If the amounts exceed this staff will bring it back to the BOCC for further guidance. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier — — Kevin D. Ross t tlA 2026-0795 `�� E G�I o o8�4 MEMORANDUM OF Project Code:N/A Parcel No:080516300058 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 Alp V 112/ 2 OZ 1p 1 is between Weld County (GRANTEE) for the purchase of the parcel(s) listed above froth the Owner(s) Heirs of Peter R. Jackson (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 an kind. Land(RW)ROW A&ROW B 2,002 Sq.ft®/acres❑ $ 7,928.00 Permanent and Slope Easements Sq.ft❑/acres❑ $ Temporary Easements (TE) Sq.ftn/acresn $ 30% Incentive: $ 2,378.40 Damages: $ Gross Total $10,306.40 Less Credit $ Net Total $10,306.40 Other conditions: See attached Addendum. 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 Z O Z-U-0195 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: I)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 properly 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 heal Property Acquisition Act o1'I97Q,as amended 5)Will prepare the following documents: ❑ Warranty Deed 0 Utility Easement ❑ Access Deed 0 Permanent Easement ❑ Full Release(s) Book/Page: ❑ Slope Easement ❑ Partial Release(s) Book/Page: ❑ Temporary Easement Order Warrant$10,3fK 40 Payable to:Heirs of Peter R.Jackson Order Warrant$ Payable to: GRANTOR.Heirs of Peter R Jacks Mow BY: u' w—� ,,r IE jL,1‘ ATTEST:yN,.D COUNTY CLERK[ TO THE BOARD OF COUNTY COMMISSIONERS WELD G '1 BOARD . HMV $, `i eo. COUNTY,COLORADO_ 1 1$61, t.:41" � BY: BY: 49 Depot Clerk to the Board Scott K. James Chair e L 2C .. 1✓ �� `APPROVED AS TO FORM: fT County Attorney: Page 2 of 3 WEI.D/COOT Form M784-04/2024 20VD -O`� 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. Page 3 of 3 WELD/CDOT Form#784—04/2024 EXHIBIT-A PROPERTY DESCRIPTION TWO PARCELS OF LAND, LOCATED IN THE SOUTHWEST ONE—QUARTER OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT—A OF CORRECTED RECORDED EXEMPTION NO. 0805-16-3 RE-3245, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3036734, DATED FEBRUARY 27, 2003, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL—A COMMENCING AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE—QUARTER AS BEARING NORTH 00'03'10" WEST, A DISTANCE OF 2634.00 FEET, TO THE WEST ONE—QUARTER CORNER OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 36'22'42" EAST, A DISTANCE OF 50.52 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF HIGHWAY 392, DESCRIBED IN QUITCLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 1147189, DATED JANUARY 26, 1953, AND ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 29, DESCRIBED IN BOARD OF COUNTY COMMISSIONERS RECORDERS FILED UNDER BOOK 2, PAGE 398, DATED JULY 08, 1881, AND BEING THE TRUE POINT OF BEGINNING THENCE ALONG SAID EASTERLY RIGHT—OF—WAY UNE, NORTH 00'03'10" WEST, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID EASTERLY RIGHT—OF—WAY LINE, SOUTH 45'40'06" EAST, A DISTANCE OF 55.96 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY UNE OF SAID HIGHWAY 392; THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, SOUTH 88'42'58" WEST, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 800 sf. OR 0.018 ac. MORE OR LESS. PARCEL—B EXISTING RIGHT—OF—WAY COMMENCING AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE—QUARTER AS BEARING NORTH 00'03'10' WEST, A DISTANCE OF 2634.00 FEET, TO THE WEST ONE—QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 36'22'42" EAST, A DISTANCE OF 50.52 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY UNE OF HIGHWAY 392, DESCRIBED IN QUITCLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 1147189, DATED JANUARY 26, 1950, AND ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 29, DESCRIBED IN BOARD OF COUNTY COMMISSIONERS RECORDERS FILED UNDER BOOK 2, PAGE 398, DATED JULY 08, 1881, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE NORTHERLY RIGHT—OF—WAY LINE OF SAID HIGHWAY 392, SOUTH 88'42'58" WEST, A DISTANCE OF 30.01 FEET, TO A POINT ON THE WEST UNE OF THE SOUTHWEST ONE—QUARTER OF SAID SECTION 16; THENCE DEPARTING SAID NORTHERLY RIGHT—OF—WAY LINE AND ALONG SAID WEST SECTION LINE, NORTH 00'03'10" WEST, A DISTANCE OF 40.14'; THENCE DEPARTING SAID WEST SECTION LINE, NORTH 88'59'09" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF SAID COUNTY ROAD 29; THENCE SOUTH 00'03'10" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. ••P.-. SAID PARCEL CONTAINS 1,202 sf. OR 0.028 ac. MORE OR LESS. NW �°-��c, • /j -;J3 THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, 7 Jr5 :- SURVEYOR IN AND FOR WELD COUNTY, COLORADO. • �t� '.•�o /7Z . DANIEL R. HOLMES . ' 1L LANDS PLS 38213 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION �, 1$61 OF PUBLIC WORKS � ,r r �_._'� WCR 29-HWY 392 TO WCR 74 A mgmo; PROJECT HEIRS OF PETER R. JACKSON L !..1 L ' PROJECT NO: SFT-13 SCALE: L_- WELD COUNTY,COLORADO COUNTY DATE: 6-16-25 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT-A i'lli WEST ONE-QUARTER CORNER i I S16-T6N-R66W FOUND 3 1/4" = .� '•��''. I I ALUMINUM CAP LS22098, 1995 • ' 0••• IN A MONUMENT BOX c):.•.o :o 13 o z T :13 Si."ac Woo N 11N 6� �'• •' 2-.e. m 0 �6 J'�i'•..�-l7r 0 o M 50 .'1AL LANDS N ZIN sv HEIRS 0 .. co U PETER R. JACKSON PARC.#080516300058 LINDBLAD RECP.# 2869157, 7-27-2001 LOT-A CORR RE-3245 �XISTING 60' REC#3036734, 2-27-2003 C. OF WAY r, B.O.C.C.BK.2,PG.398 LINE TABLE $$1IN *- b6 30.00' 30.00 JULY 08,1881 LINE BEARING DISTANCE CZ L1 N36'22'42"E 50.52' �6 41' i I i L2 NOO'03'10"W 40.00' L3 S45'40'06"E 55.96' L4 S88.42'58"W 40.00' PARCEL—B PARCEL—A L5 S88'42'58"W 30.01' EXISTING I I RIGHT—OF—WAY L6 NOO'03'10"W 40.14' RIGHT—OF—WAY I I ACQUIRED L7 N88'59'09"E 30.00' ACQUIRED L7 800 sf. OR 1,202 sf. OR „ ,• 0.018 ac.± 0.028 ac.f ` '(e 0 y US WEST COMMUNICATIONS INC. <L2:$% TELECOM5 UNI 5-30-1991 ATIONS L6 TELECOMMUNICATIONS EASEMENT -- -- L4 -- ' RIGHT-OF-WAY Pri P.O.B. QUIT CLAIM DEED PARCEL RECP.#1147189,JAN.26, 1953 A & B N88'44'12"E _ _ H WY 3 9 • 2 ■, P.O.C. 2656.05 SOUTH ONE-QUARTER CORNE SOUTHWEST CORNER S16-T6N-R66W S16-T6N-R66W FOUND 2 1/2" FOUND 2 1/2" ALUMINUM CAP ALUMINUM CAP LS38230, 2016 ILLEGIBLE IN A MONUMENT BOX IN A MONUMENT BOX -- -- -----I � -- MOUNTAIN PLAIN'S -- I INVESTMENT,LLC I I I I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I I MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT A41ACQUISITION 1861 OF PUBLIC WORKS ,r� if At—� ! 1,�, WCR 29-HWY 392 TO WCR 74 PROJECT HEIRS OF PETER R. JACKSON _. � / % PROJECT N0: SFT-13 SCALE: 1"=50 WELD COUNTY,COLORADO � �— T Y GOON DATE:6-16-25 DRAWN BY:DRH SHEET:2 of2 Entity Information Entity Name* Entity ID* New Entity? Please use the job PATRICIA ANNE JACKSON SUP-51 954 aid linked here to add a supplier in Workday. Contract Name* Contract ID Parent Contract ID HEIRS OF PETER R.JACKSON_WCR 29_RIGHT-OF-WAY 1 0523 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 WCR 29, FROM HWY 392 TO WCR 74, IMPROVEMENT PROJECT. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 04/04/2026 04/08/2026 Amount* Department Email $10,306.40 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 1 2/31 /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 04/01 /2026 04/02/2026 04/02/2026 Final Approval BOCC Approved Doc ID# AG 040826 BOCC Signed Date Originator BOCC Agenda Date VMINO 04/08/2026 Hello