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Home My WebLink About20241466.tiffRESOLUTION RE: ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY (RWE-2) FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 21 AND STATE HIGHWAY 66 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - MAGNESS LAND HOLDINGS, 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, on November 6, 2023, by Resolution #2023-3284, the Board of Weld County Commissioners approved the Contract for the County Road 21 and State Highway 66 Intersection Improvements 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 the Colorado Department of Transportation (CDOT), and WHEREAS, pursuant to said contract, the Board has been presented with a Deed of Dedication for Public Road Right -of -Way for the Purchase of Certain Property, known as Permanent Easement No. RWE-2, for Public Road Improvements for the County Road 21 and State Highway 66 Intersection 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 Magness Land Holdings, LLC, commencing upon full execution of signatures with further terms and conditions being as stated in said deed, and WHEREAS, after review, the Board deems it advisable to accept said deed, 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 Deed of Dedication for Public Road Right -of -Way for the Purchase of Certain Property, known as Permanent Easement No. RWE-2, for Public Road Improvements for the County Road 21 and State Highway 66 Intersection 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 Magness Land Holdings, LLC, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed. 4965790 Pages: 1 of 2 06/13/2024 12:21 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO G \W h ii i c.c.: PCOCCH//Obi S6/ F.G) ©Co / 13 1 Q4 2024-1466 EG0082 ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY (RWE-2) FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 21 AND STATE HIGHWAY 66 INTERSECTION PROJECT - MAGNESS LAND HOLDINGS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY Get AD@1 ATTEST: C� _vim; 4, Weld County Clerk to the Board BY. tfit • IJ�--tom �,(' C_ 1L Deputy Clerk to the Board AP":VED A ounty At Date of signature: 4965790 Pages: 2 of 2 06/13/2024 12:21 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11 III 4J Kevjo_D.Ross, Chair Perry L. Bu c /, Pro-Tem L Mike Freeman tt K. James on Saine 2024-1466 EG0082 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Deeds of Dedication for Public Road Right -of -Way (WCR 21 / SH 66 Improvements) DEPARTMENT: Public Works DATE: 05/28/24 PERSON REQUESTING: Erich Green / Don Dunker / Curtis Hall Brief description of the problem/issue: Weld County has partnered with CDOT for the WCR 21 and SH 66 Intersection Improvements project to provide left turn lanes along each leg of WCR 21, wider shoulders, and larger radii at all corners. CDOT is designing, acquiring Right -of -Way (ROW), and contracting/managing construction of the improvements including the addition of left turn lanes in each direction of SH 66. Based on the Inter -Governmental Agreement (IGA) signed by the Board on November 7, 2023, Weld County has agreed to provide funding for their portion of the costs in an amount not to exceed $2,000,000.00. All four (4) quadrants of the project require Weld County Road ROW to be acquired. CDOT has settled, closed, and paid all four (4) affected property owners, and provided the attached owner -signed Deeds of Dedication: • RWE-1 (Magness Land Holdings, LLC), 0.366 acres • RWE-2 (Magness Land Holdings, LLC), 0.369 acres • RWE-3Rev (Ritchie E. Pyeatt Trust and Linda A. Pyeatt Trust), 0.203 acres • RWE-4 (Glen F. Mayer, Randy L. Mayer, and Shirley R. Kauffman), 0.334 acres The legal descriptions have been checked by Weld County Public Works Staff and no issues were found. What options exist for the Board? 1. Allow the Deeds of Dedication to be placed on the next available BOCC Agenda. 2. Ask for a work session and additional information. Consequences: If the Deeds of Dedication are not placed on the BOCC Agenda and approved for acceptance and recording, the project timeline may be lengthened. Impacts: These property acquisitions directly impact the project timeline and allow project construction to continue in 2024. Costs: Costs were accounted for in the signed IGA with CDOT and are included in the Public Works 2024 budget. Subsequent fiscal year budgets will not be affected. Recommendation: Public Works staff recommends placing the deeds on the next available BOCC Agenda for consideration. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine Via &Nitta Vat Pena. Via ennaka Via ernaa Via fmact 2024-1466 (0/5 E OOHSZ Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Tuesday, May 28, 2024 10:34 AM Karla Ford; Mike Freeman; Perry Buck; Lori Saine; Scott James Re: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 From: Karla Ford <kford@weld.gov> Sent: Tuesday, May 28, 2024 8:54:35 AM To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Lori Saine <Isaine@weid.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 Please advise if you support recommendation and to have department place on the agenda. Karla Ford fc Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kforde.weldgov.coni :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any oction concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Samantha Brown <sjbrown@weld.gov> Sent: Tuesday, May 28, 2024 8:46 AM To: Karla Ford <kford@weld.gov> Cc: Sharon Benson <sbenson@weld.gov>; Don Dunker <ddunker@weld.gov>; Erich Green <egreen@weld.gov>; Curtis Hall <chall@weld.gov>; Mike Freeman <mfreeman@weld.gov> Subject: Pass -Around Deeds of Dedication WCR 21/SH 66 Hi Karla, We have one more pass -around for you today, please ask the Commissioners to review and sign. Thank you, Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Perry Buck Tuesday, May 28, 2024 11:40 AM Scott James Karla Ford; Mike Freeman; Lori Saine; Kevin Ross Re: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 On May 28, 2024, at 10:47 AM, Scott James <sjames@weld.gov> wrote: Approve - thanks! ** Sent from my iPhone ** Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On May 28, 2024, at 8:54 AM, Karla Ford <kford@weld.gov>wrote: <image001.gif> Please advise if you support recommendation and to have department place on the agenda. Karla Ford From: Sent: To: Subject: Approve Sent from my iPhone Mike Freeman Tuesday, May 28, 2024 9:31 AM Karla Ford Re: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 On May 28, 2024, at 8:54 AM, Karla Ford <kford@weld.gov>wrote: <image001.gif> Please advise if you support recommendation and to have department place on the agenda. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(c�weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image003.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you hove received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Samantha Brown <sjbrown@weld.gov> Sent: Tuesday, May 28, 2024 8:46 AM To: Karla Ford <kford Wweld.gov> Cc: Sharon Benson <sbenson@weld.gov>; Don Dunker <ddunker@weld.gov>; Erich Green <egreen@weld.gov>; Curtis Hall <chall@weld.gov>; Mike Freeman <mfreeman@weld.gov> Subject: Pass -Around Deeds of Dedication WCR 21/SH 66 Hi Karla, We have one more pass -around for you today, please ask the Commissioners to review and sign. Thank you, Samantha 1 Brown Systems & Process Specialist Public Works Department Karla Ford From: Sent: To: Cc: Subject: Approve - thanks! ** Sent from my iPhone ** Scott James Tuesday, May 28, 2024 10:48 AM Karla Ford Mike Freeman; Perry Buck; Lori Saine; Kevin Ross Re: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On May 28, 2024, at 8:54 AM, Karla Ford <kford@weld.gov>wrote: <image001.gif> Please advise if you support recommendation and to have department place on the agenda. Karla Ford Z Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970,336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image003.jpg> 1 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 0 Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@welcigov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, May 28, 2024 6:09 )M Karla Ford RE: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Tuesday, May 28, 2024 8:55 AM To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Lori Saine <Isaine@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Please Reply - Pass -Around Deeds of Dedication WCR 21/SH 66 Importance: High Please advise if you support recommendation and to have department place on the agenda. Karla Ford X 1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this? day of September, 2023, between Magness Land Holdings, LLC (referred to herein as "Grantor", whether one or more), and the County or Weld, a body corporate and politic of the State of Colorado, by and through its Board of Courtly Commissioners (referred to herein as "Grantee"), whose legal address is 1 150 "O" Street, Greeley, Colorado 10631: WITNESSETII: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the Courtly of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit "A", dated August 10., 2022 and labeled as RWE-2. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRAN'TOR: Magness Land Holdings, LLC By Kirk Johannsen, attorney -in -fact for Gary Magness, Manager of Magness Land Holdings, LLC STATE OF COLORADO ) SS. COUNTY OF WELDQ inra✓ ) The foregoing instrument was acknowledged before me this 71' day of I%dv1«b4.1' by Kilt Juh4,t,t$g,h Witness my hand and official seal. ary Public JARRED WOODS-FRAWLEY NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20234020209 MY COMMISSION EXPIRES MAY 30, 2027 , 2023, 4965791 Pages: 1 of 3 06/13/2024 12:21 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NAV��E�kti�i k�t�Yi�k 11 III 2o2I - IN66 ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this olday of , 2024. ATTEST: c i ,%/'. l tk) G.. oidiPARD OF COUNTY COMMISSIONERS W •Id County Clerk to the Board WELD . Y, COLORA P Deputy Clerk to the Boa *No Deed of Dedication i f ali 43-2-201(1)(a). 1E <GJ epthe Board of County Commissioners pursuant to C.R.S. 4965791 Pages: 2 of 3 06/13/2024 12:21 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO iii l��1 '41L I ti' I'I�'ti�l� K w I II kW 111111 Ross, Chair JUN 0 5 2024 -2024-166 Signature: Email: EXHIBIT "A" PROJECT CODE: 24039 PROJECT NUMBER: FSA 0661-017 PERMANENT EASEMENT NUMBER: RWE-2 DATE: August 10, 2022 LEGAL DESCRIPTION A Permanent Easement No. RWE-2 of the Department of Transportation, State of Colorado, Project Code 24039, Project Number FSA 0661-017, containing 16,082 sq. ft. (0.369 acres) more or less, being a portion of the NW 1/4 of Section 26, Township 3 North, Range 67 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the Northwest Corner of Sections 26, Township 3 North, Range 67 West; Thence South 29°59' 36" East a distance of 106.16 feet to the TRUE POINT OF BEGINNNG, 1. Thence South 89° 20' 10" West, a distance of 22.00 feet to the Easterly right of way of WCR 21; 2. Thence South 00°39' 50" East, along said Easterly right of way a distance of 786.58 feet; 3. Thence North 10°31' 39" East, a distance of 113.35 feet; 4. Thence North 00°39' 50" West, a distance of 675.39 feet to the TRUE POINT OF BEGINNING; The above described parcel contains 16,082 sq. ft. (0.369 acres) more or less. The purpose of the above described permanent easement is for permanent highway widening and associated appurtenances. Basis of Bearings: The South line of the SW Vof Section 23, Township 3 North, Range 67 West being monumented at the Southwest corner by a rebar and illegible 3 1/4" alum cap in a monument box and at the South 1/4 by rebar and 3 1/4 " alum caps in monument box stamped "1/4, LS 13155 with a grid bearing of South 89° 32' 07" East , 2614.38 feet as obtained from a Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHA-RN). Colorado Department of Transportation Thomas W. Nicholas, PLS 28657 10601 W. 10th St., Greeley, CO 80634 4965791 Pages: 3 of 3 06/13/2024 12:21 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO M14444, II II Hello