HomeMy WebLinkAbout20241468.tiffRESOLUTION
RE: ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR
PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR
COUNTY ROAD 21 AND STATE HIGHWAY 66 INTERSECTION PROJECT, AND
AUTHORIZE CHAIR TO SIGN - GLEN MAYER, RANDY MAYER, AND
SHIRLEY KAUFFMAN
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 for Public Road
Improvements for the County Road 21 and State Highway 66 Intersection Project among 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, Glen Mayer, Randy Mayer, and
Shirley Kauffman, 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 for Public Road Improvements for the County Road 21 and
State Highway 66 Intersection Project among 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, Glen Mayer, Randy Mayer, and Shirley Kauffman, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said deed.
4965794 Pages: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County CO
VIII IYUP.rF' RINI HNI ilik Yi 1/41.1 040fN liliVili 11111
c�- Pw(C H/0D1 OO/
361 €k) 2024-1468
oco/ (3199 EG0082
ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF
CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 21 AND
STATE HIGHWAY 66 INTERSECTION PROJECT - GLEN MAYER, RANDY MAYER, AND
SHIRLEY KAUFFMAN
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 COUNT 0LORADo-
ATTEST:9.,,tiLs) G1 . ✓��
Weld County Clerk to the Board
Bl X
• LOCC,W,Ort_fc.
Deputy Clerk to the Board
AP' ' • ! ED AS
oun y Att '*"ey
Le
Date of signature:
4965794 Pages: 2 of 2
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11 111
2 -
Ross, Chair
erry L. Bk, Pro-Tem
Mike Freeman
cott K. James
29'1"4L
Lori Saine
2024-1468
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.
Suocort 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 Saine
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2024-1468
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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@weld.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 X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(c�weldgov.corn :: 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 ore 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: 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,
1
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 a�,7weld.gov> wrote:
<image001.gif>
Please advise if you support recommendation and to have department place on the
agenda.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 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>
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 ay 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 @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,
Samantha I 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°
Office Manager Board of Weld County Commissioners
1150 0 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.**
<i mage003. j pg>
1
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Tuesday, May 28, 2024 6:09 PM
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 9. day of September. 2023, between the Glen F Mayer. Randy L Mayer and
Shirley R Kauffman (referred to herein as "Grantor", whether one or more), and the County of Weld, a
body corporate and politic of the State of Colorado, by and through its Board of County Commissioners
(referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631:
WITNESSETH: 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 Statute443-2- 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 County 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 RWE4.
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.
GRANTOR:
Glen F. Mayer
j r
By:.. " . `• _ , ,_ yt.. H i !• . y , .
Glen F. Mayer
Randy L. Mayer
By:
Randy L.
arm
Shirley R. Kauffman
By: _ `.
Shirley R.
.See attached Acknowledgement, K. Weiss
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Carly Kopper, Clerk and Recorder, Weld County , CO
VIII KIN'h NINKIfkh YAIVi r6,1ElWyh 1101
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
ic, which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On _ 12 /2 4202 3 before me,
Date
Pei sonally appeared Shirley R. Kauffman
i
K. Weiss, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument
r�r..� rbrary pubrrc - CalporMa
I
�ff,_ �` CamrnragoA A Is1e7s0
ly Canm. taplras 0ac II, 1076
Pioce Nofory Seal and/or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature r y /hr
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document
Document Date: • • Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Shirley R. Kauffman Signer's Name:
O Corporate Officer — Title(s): O Corporate Officer — Title(s):
❑ Partner — O Limited O General O Partnei — O Limited O General
tO Individual O Attorney in Fact ❑ Individual O Attorney in Fact
❑ Trustee O Guardian or Conservator O Trustee O Guardian or Conservator
❑ Other: O Other:
Signer is Representing: Signer is Representing:
,::20t9 National Notary Association
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Carly Koppes, Clerk and Recorder, Weld County , CO
���� F.ri'igrrwVl tiIAW,401RLi0l1i:Ni li iiii till
All Purpose Acknowledgement
State of: ...tii.Dyr11,R5
County of: up es
On this .2—cl day of )O2 , before me
c+/ tl'fQJ11 fj( , a Notary Public, personally appeared
Rand Ll t-- • ' gloat L°.,1/• personally known
tome or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed this instrument.
Witness my hand and seal:
MARALEE STOTTLEMYER
NOTARY PUBLIC
STATE OF WYOMING
COMMISSION ID: 162174
MY COMMISSION EXPIRES: 11/28/2028
Printed Name: li�ku.-o Um1t LI/
My commission expired ('ot4 .2 a r ,
DESCRIPTION OF ATTACHED DOCUMENT
Loan Number:
Document Type:
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Carly Koppes, Clerk and Recorder, Weld County , CO
W IWa 111111
2o2` -f - ) 4
STATE OF COLORADO
ss.
COUNTY OF WELD
The f regoing ina ament was acknowledged before me this `; day of
by''� 1 r r1 r. n�{ �
Witness my hand and official seal.
_\)\ O-- `-'‘
Notary Public
L SA A DUSENBERR
NOTARY PUBLIC
state of Colorado
Notary ID # 20204013567
aty Commission Expires 04/13/2024
, 2023,
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 di day of Lje!'1,.j e� 2024.
ATTEST: 4)
W d ounty
oard
Deputy Clerk to the Board
Z1L
1E La
Wo Deed of Dedication is volt • un
43-2-201(1)(a). Pl'AM
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII r%rdri7,1411417likiefAVillil
BOARD OF COUNTY COMMISSIONERS
WELD COUtaS', COLO
Kevin D. Ross, Chair
JUN 0 Fi 2024
d of County Commissioners pursuant to CRS.
202y-14bg
Signature:
Email: thomas.nicholas+l@state.co.us
EXHIBIT "A"
PROJECT CODE: 24039
PROJECT NUMBER: FSA 0661-017
PERMANENT EASEMENT NUMBER: RWE-4
DATE: August 10, 2022
LEGAL DESCRIPTION
A Permanent Easement No. RWE-4 of the Department of Transportation, State of Colorado, Project Code
24039, Project Number FSA 0661-017, containing 14,557 sq. ft. (0334 acres) more or less, being a portion
of Lot B RE -3637 Reception Number 3126891 in the SE 1/4 of Section 22, 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 Southeast Comer of Sections 22, Township 3 North, Range 67 West; Thence North
32° 22' 32" West a distance of 107.64 feet to the TRUE POINT OF BEGINNNG,
1. Thence North 00° 00' 00" West a distance of 534.25 feet;
2. Thence North 04° 10' 21" East a distance of 229.15 feet to the Westerly right of way line of WCR 21;
3. Thence South 00° 44' 08" East along said right of way a distance of 763.45 feet;
4. Thence North 88°44'07" West a distance of 26.48 feet to the TRUE POINT OF BEGINNING;
The above described parcel contains 14,557 sq. ft. (0.334 acres) more or less.
The purpose of the above described permanent easement, To Weld County, is for permanent highway
widening and associated appurtenances.
Basis of Bearings: The South line of the SE % of Section 22, Township 3 North, Range 67 West being
monumented at the Southeast comer by a rebar and 3 1/4" alum cap in a monument box stamped "PLS
13155 1994"and at the South 1/4 by rebar and 3 1/4 " alum caps in monument box stamped "1/4, LS
12374 "1/4 S22, S27 1994 with a grid bearing of North 89° 23' 23" West , 2585.12 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
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