HomeMy WebLinkAbout20240529.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS FOR COUNTY ROADS 76 AND 33 INTERSECTION
PROJECT, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS -
KTC FARM, 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 an Agreement for the Purchase of Certain
Property for Public Road Improvements for the County Roads 76 and 33 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 KTC Farm,
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, 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 Agreement for the Purchase of Certain Property for Public Road
Improvements for the County Roads 76 and 33 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 KTC Farm, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of March, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST:)
Weld County Clerk to the Board
BY: Hl • a.
Deputy Clerk to the Board
APP r ^VED RM:
ounty At orney
Date of signature: 12L4
WELD COUNTY
erry L. Buck, ro-Tem
Mike Freeman
K. James
ine
cc :PO (c 4/DD/DN/SBhrA) 2024-0529
OH /Io /2y EG0082
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BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS AROUND TITLE: Agreements for the Purchase of Certain Property for Public Road Improvements
(Glenn and Shannon Leffler and KTC Farm, LLC)
(WCR 76 / WCR 33 intersection Improvements)
DEPARTMENT: Public Works DATE: 2/13/2024
PERSON REQUESTING: Trace Anderson / Don Dunker
Brief description of the problem/issue:
Weld County Road 76 through Eaton has been designated as a truck route in accordance with an IGA between
the County and the Town. As a result, the intersections of WCR 33 and WCR 35 cannot safely accommodate
truck turning movements without improvements. The necessary improvements at WCR 33 include wider
turning radii. Public Road Right of Way and Temporary Construction Easements are needed from two
landowners to make the improvements. Weld County Public Works has been working with landowners to
acquire the necessary land rights and address property damages and have successfully negotiated the final
two agreements at the WCR 33 intersection. The Board approved the agreements for the WCR 35 landowners
in 2023. .
Northeast of the WCR 76 and WCR 33 intersection, a total of 0.033 acres of Right -of -Way and 0.043 acres
of Temporary Construction Easement must be acquired to construct the intersection improvements.
Following negotiation between Public Works staff and Glenn and Shannon Leffler, they have signed the
attached Agreement for Purchase. The Agreement for Purchase indicates a total settlement of $5,000.00.
Southeast of the WCR 76 and WCR 33 intersection, a total of 0.026 acres of Right -of -Way and 0.048 acres
of Temporary Construction Easement must be acquired to construct the intersection improvements.
Following negotiation between Public Works staff and KTC Farm, LLC, they have signed the attached
Agreement for Purchase. The Agreement for Purchase indicates a total settlement of $5,000.00.
What options exist for the Board?
1. Allow the attached Agreements for Purchase to be placed on the next available BOCC Agenda.
2. Ask for a work session and additional information.
Consequences: If the Agreements for Purchase are not placed on the BOCC Agenda and approved for
signature, an amendment to the truck route IGA with the Town of Eaton will be required and the WCR 76
improvements will be delayed, which could significantly lengthen the project timeline.
Impacts: These property acquisitions directly impact the project timeline. It allows County crews to begin
WCR 76 roadway construction in Spring of 2024 and maintain the remaining construction season schedule.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Costs will not exceed $10,000.00
and are accounted for in the Public Works 2024 fiscal year budget. These are one-time costs so
subsequent fiscal year budgets will not be affected.
e; Que-ed-e-(40
EC10022,
2024-0529
Recommendation:
Public Works staff recommends placing the Agreements for Purchase on the next available BOCC agenda for
consideration.
Su000rt Recommendation Schedule
Place on BOCC Mends Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
n
MEMORANDUM
TO: Esther Gesick, CTB DATE: February 23, 2024
FROM: Trace Anderson, Public Works
SUBJECT: Agreement for the Purchase of Certain Property for
Public Road Improvements (KTC Farm, LLC)
(WCR 76 / WCR 33 Intersection Improvements)
Once approved by all necessary parties in OnBase, please place the attached Agreement for
Purchase of Certain Property for Public Road Improvements on the agenda of the soonest
possible BOCC hearing. This Agreement is for the necessary Right -of -Way and Temporary
Construction Easement acquisitions in the Southeast quadrant of the WCR 76 / WCR 33
intersection for widening improvements. The contract ID number is 7870.
The Board approved the Agreement for Purchase of Certain Property for Public Road
Improvements to be placed on the agenda via a pass around that was returned on February 21,
2024.
I will plan on attending the hearing to present this item and to answer any questions.
Page 1 of I
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN KTC FARM, LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this jday of M( C,h: ,-2021, by and between
KTC Farm, LLC, whose address is 16350 County Road 76, Eaton, CO 80651 hereinafter
collectively referred to as "Owner," and WELD COUNTY, a body corporate and politic of the
State of Colorado, by and through its Board of County Commissioners, whose address is 1150 O
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WHEREAS, Owner owns a parcel of real property containing the property described in the
attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described
in the Exhibit B (hereinafter referred to as ("Temporary Construction Easement" or TCE), and
WHEREAS, County finds it necessary to widen the intersection of WCR 76 and Weld
County 33 to improve the safety and function of the intersection and,
WHEREAS, Owner wishes to cooperate with County in completing the Project.
NOW, THEREFORE, the parties herein agree as follows:
I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into
this Agreement.
Exhibit A — Description, Depiction and Form of ROW
Exhibit B — Description, Depiction and Form of TCE
Exhibit C — Irrigation Construction Plans
II. COMPENSATION; PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner, as described below, is Five Thousand
Dollars, ($5,000.00).
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
III. PUBLIC ROAD RIGHT(S)-OF-WAY
1. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication
as provided in Exhibit A.
2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of -
Way to County at the date of closing which shall be no later than thirty (30) days following
mutual execution of this Agreement; or, if the Right -of -Way is financially encumbered,
Paee 1 of 4
4949093 Paseo: 1 of 14
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Carly Kopp., Clerk and R.00rd.r, Weld County , CO
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Page 2 of 4
ACY2EEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN LEFFLER AND WELD COUNTY, COLORADO
within 30 days from the date the title company closing the transaction on behalf of the
County receives a partial release(s) of, or binding commitment from the lienholders/lenders
to issue partial release(s) of, financial encumbrances affecting the Right -of -Way. The
Deed of Dedication shall not be valid until accepted and approved by the Board of County
Commissioners. Owner agrees to grant the Public Road Right -of -Way to the County by
Deed of Dedication as provided in Exhibit -A.
3. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property, if any exists.
4. County shall relocate and construct all irrigation impacted by the project as shown on
Exhibit C as part of the project. County agrees to have irrigation improvements completed
prior irrigation needs in 2024. Owner shall not be responsible for any costs associated with
the relocation, design, or construction of the existing irrigation facilities.
IV. TEMPORARY CONSTRUCTION EASEMENT
1. Owner agrees to grant the Temporary Construction Easement (TCE) to the County
covering all the property described and depicted in, and subject to the terms provided in
Exhibit B.
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
V. CLOSING
1. County shall not be liable for any encumbrance associated with the Property prior to the
date of closing. Owner shall pay any encumbrance associated with the Public Road Right -
of -Way which is required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties thereon), on or
before the date of closing when Owner delivers the Deed of Dedication to County. Owner
is solely responsible for the payment of any amounts owed to a third party holding a
security or other ownership interest in the Public Road Right -of -Way.
2. County shall at closing pay for the cost of obtaining title insurance if County elects to
obtain title insurance for the Property.
3. County shall at closing pay all fees associated with recording this Agreement and the Deed
of Dedication.
VL MISCELLANEOUS
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
Page 2 of 4
Page 3 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN LEFFLER AND WELD COUNTY, COLORADO
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. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It
is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
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, Contractor agrees
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.
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Page 3 of 4
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN LEFFLER AND WELD COUNTY, COLORADO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
Thomas Wilson for KTC Farm, LLC
ATTEST: V.40160 JeldO:K
Weld C • Clerk to the Boar
BY:
Deputy Cler
APPROVED AS TO FORM:
#ro0,,r07•
County Attorney
4949093 Pages: 4 of 14
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Carly Koppes, Clark and Raaordar, Wald County , CO
BOARD OF COUNTY COMMISSIONERS
ELD COUNT ORADO
% a
Kevin D. Ross, Chair
Page 4 of 4
MAR 0 4 2024
aoa1-/-ova q
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this day of , , between KTC Farm, LLC (referred to herein as
"Grantor", whether one or more), whose legal address is 16350 County Road 76, Eaton, Colorado 80651
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 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 County of Weld, State of Colorado, to wit
The real property described and depicted on the attached Exhibit.
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:
Thomas Wilson for KTC Farm, LLC
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of , 2023,
by
Witness my hand and official seal.
Notary Public
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 day of , 2023.
ATTEST:
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerk to the Board Chair, Board of County Commissioners
BOARD OF COUNTY COMMISSIONERS
*No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S.
43-2-201(1) (a).
4949093 Pages: 0 of 14
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Carly Kopp., Clerk and Recorder, Weld County , CO
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WCR 76
RIGHT -OF- WAY
ACQUIRED
1,120 sf.
OR 0.026 ac. ±
pflieinere
►sta'' TEMPORARY CONSTRUCTION
''� EASEMENT ACQUIRED
2,074 sf.
30.00' OR 0.048 ac.±
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\1 K DEVELOPMENT, I.1.C
REC*4 7 406$6, 7-29-2021
30' PIPELINE EASEMENT
30.00'
'\AC DE\LLOIi1EN1. Lie
REL 1740312. 7-29-2021
3U' PIPELINE EASE%PIT
INiCH0
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�--BLACK Dl MoNDS R(UIES MIDSTREAM
KTC FARM, LLC
LOT -B, RE -3252
REC44466025, 2-11-2019
20' PIPELINE EASEMENT
AMENDED R-19-2019, REC#4515727
4949093 Pages : 6 of 14
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Carly Koppes, Clerk and Recorder, Weld County , CO
tritia:1#4,I.C.1/41r.IXIVii:Piiii, IlIIII
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EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 35, TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0707-35-2 RE -3252 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2984451, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH UNE OF THE WEST
ONE-HALF OF SAID NORTHWEST ONE -QUARTER AS BEARING, NORTH 88'37'39" EAST, A DISTANCE OF
1325.09 FEET, TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 66
WEST, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 43'32'41" EAST, A DISTANCE OF 40.48 FEET, TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF COUNTY ROAD 76, FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3, PAGE 99, ALSO BEING THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 33, FILED IN THE
WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3, PAGE 99, SAID POINT BEING THE TRUE
POINT OF BEGINNING.
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76, NORTH 88'37'39" EAST, A
DISTANCE OF 89.99 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 73'34'00" WEST, A DISTANCE OF 95.74
FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 33;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, NORTH 04'16'59" EAST, A DISTANCE OF 25.00 FEET TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,120 sf. OR 0.026 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
RIGHT OF WAY
ACQUISITION
KTC FARM, LLC
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: EIRP-91 I SCALE:
DATE:12-14-22
DRAWN BY: DRH
SHEET: 1 of 2
4949093 Pages: 7 of 14
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Carly Koppel', Clerk and Recorder, Weld County , CO
*M II II
EXHIBIT -A
WCR 76
P.O.C.
NW CORNER S35-T7N-R66W
FOUND 2-1/2" ALUMINUM CAP
S23513 IN MONUMENT BOX
L4
P.O.B.
L2
LEFFLER Stib'�
BASIS OF BEARING
N88'37'39"E 1325.09'
NWC DEVELOPMENT, LLC
RECW4740686, 7-29-2021
30' PIPELINE EASEMENT
30.00'
N +
RIGHT OF WAY
ACQUISITION
LINE
W-1/16 CORNER
S26 & S35-T7N-R66W
FOUND 3-1/4" ALUMINUM CAP
LS4392 2002
IN MONUMENT BOX-,
EXISTING 60'
RIGHT-OF-WAY
RD 8K 3, PG 99
7-13-1882
-RIGHT—OF—WAY
ACQUIRED
1,120 sf.
30.00' OR 0.026 ac.±
�NWC DEVELOPMENT, LLC +'S\+
REC#4740312, 7
30' PiPELiNE EASEMENT
J
LINE TABLE
BEARING
DISTANCE
L1
L2
S43'32'41 "E
N88'37'39"E
S73'34'00"W
N 04'16'59"E
40.48'
89.99'
95.74'
25.00'
L3
L4
EXISTING 60'
RIGHT-OF-WAY
RD 8K-3, PG -99
JULY 13, 1882
W-1/4 CORNER S35-T7N-R66W
FOUND 2-1/2" ALUMINUM CAP
LS23513 IN MONUMENT BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO d"
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
KTC FARM, LLC
PARC.#070735200013
RECP.#4005718, 3-31-2014
LOT -B, RE -3252
REC#2984451, 9-03-2002
O
O
BLACK DIAMONDS ROCKIES MIDSTREAM LLC
REC#4466025, 2-11-2019
20' PIPELINE EASEMENT
AMENDED 8-19-2019, RECW4515727
KTC FARM, LLC
WELD COUNTY, COLORADO
C
T
Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: HRP-91 I SCALE: 1"-50
DATE:12-14-22
DRAWN BY: DRHI SHEET: 2 of 2
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Carly Kopp., Clark and Recorder, Wald County , CO
VIII IKrNNNICINiM IldinlIkANILOILLh 1I 111
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between KTC Farm, LLC (referred to
herein as "Owner", whether one or more), whose legal address is 16350 County Road 76, Eaton,
Colorado 80651, 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"):
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 Owner a
Temporary Construction 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.
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force or effect 2 years later, or upon the County's determination that the
Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting by or
on behalf of the County for the purpose of surveying, appraising, establishing, laying,
constructing, reconstructing, installing, realigning, modifying, replacing, improving,
adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling,
protecting, or repairing the roadway improvements, including the storage of materials
related to said roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has legal
access, for any and all purposes necessary and/or incident to the exercise by the County of
the rights granted to it hereunder. At the expiration of the term of this TCE, County shall
promptly repair any damage to Owner's property caused by County, its agents, employees,
contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain
the Owner's property in substantially as good or better condition as existed prior to use by
County.
4. County agrees that any current access to the property from the Right -of -Way shall
remain open throughout the term of the TCE.
GRANTOR:
Thomas Wilson for KTC Farm, LLC
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Carly Koppel, Clark and Recorder, Weld County , CO
EXHIBIT -B
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 35, TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0707-35-2 RE -3252 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2984451, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE WEST
ONE-HALF OF SAID NORTHWEST ONE -QUARTER AS BEARING, NORTH 88'37'39" EAST, A DISTANCE OF
1325.09 FEET, TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 66
WEST, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 25'36'54" EAST, A DISTANCE OF 60.19 FEET, TO A POINT ON THE EASTERLY
RIGHT-OF-WAY OF COUNTY ROAD 33, FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3, PAGE 99, SAID POINT BEING THE TRUE POINT OF BEGINNING.
THENCE DEPARTING THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 33, NORTH 73'34'00" EAST,
A DISTANCE OF 95.74 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD 76,
FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3, PAGE 99;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, NORTH 88'37'39" EAST, A DISTANCE OF 57.73 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 73'34'00" WEST, A DISTANCE OF 141.12
FEET;
THENCE SOUTH 04'16'59" WEST, A DISTANCE OF 14.64 FEET;
THENCE NORTH 85'43'01" WEST, A DISTANCE OF 15.00 FEET, TO A POINT ON THE EASTERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 33;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, NORTH 04'16'59" EAST, A DISTANCE OF 25.00 FEET TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,074 sf. OR 0.048 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
KTC FARM, LLC
WELD COUNTY, COLORADO
4949093 Poges: 10 of 14
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Carly Koppa., Clerk and Recorder, Wald County , CO
��� ti ii i
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: HRP-91 I SCALE:
DATE:12-14-22IDRAWN BY: DRHI SHEET: 1 of 2
EXHIBIT -B
WCR 76
P.O.C.
NW CORNER S35-T7N-R66W
FOUND 2-1/2" ALUMINUM CAP
S23513 IN MONUMENT BOX
P.0.8.
L1
L
NO4'16'59"E
L6
W-1/16 CORNER
LEFFLER ,,b S26 & S35 -17N -R666
S FOUND 3-1/4" ALUMINUM CAP
LS4392 2002
IN MONUMENT BOX -S
EXISTING 60'
RIGHT-OF-WAY
RD BK 3, PG 99
BASIS OF BEARING 7-13-1882 -
N88'37'39"E 1325.09'
4
NWC DEVELOPMENT, LLC
81.4740686, 7-29-20'21 l
30' PIPELINE EASEMENT
- 30.00'
EXISTING 60'
RIGHT-OF-WAY
RD BK-3, PG -99
JULY 13, 1882
L3
TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
2,074 sf.
30.00' OR 0.048 ac.± 4v c.
�NWC DEVELCPYENT,
REC#4740372, 7-29-2021
30' PIPELINE EASEMENT
KTC FARM, LLC
PARC.#070735200013
RECP. #4005718, 3-31-2014
LOT -B, RE -3252
REC#2984451, 9-03-2002
0
BLACK MAIMS ROCKIES MIDSTREAM LLC
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
S25'36'54"E
N73'34'00"E
N8837'39"E
S73'34'00"W
SO4'16'59"W
N85'43'01 "W
60.19'
95.74'
57.73'
141.12'
14.64'
15.00'
25.00'
L3
L4
L5
L6
L7
W-1/4 CORNER S35-77N-R66W
FOUND 2-1/2" ALUMINUM CAP /
LS23513 IN MONUMENT BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTE1
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO `,
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
RECk4466025, 2-11-2019
20' PIPELINE EASEMENT
AMENDED 8-19-2019, REC#4515727
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
KTC FARM, LLC
WELD COUNTY, COLORADO
1861
- r
GOON Yl
T
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: HRP-9I I SCALE: 1"=50
DATE:12-14-22
DRAWN BY: DRHISHEET: 2 of 2
049093 Pages: 11 of 14
03/13/2024 12:24 PM R F.a:$0.00
Carly Koppas, Clark and Recorder, Wald County , CO
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KENNETH AND SHERRI
MACKEY
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003
- 03 - 003
ROW
ROW
ANDERSON LEGACY
FARMS LLC
ROW
ROW
903
00-3
Computer File Information
Creation Date 5/18/2022
Initials TMA
Last Modified Date 9/18/2023
Initials. TMA
Full Path M l-ACTNE PROJEC T SIHARP PROJECTS12D2PWCR 76 STWN WCR 33 AN[
1 -WY tl51EXHIBITSIPROPERTY OWNERS -PLAN
Drawing File Name: WCR 76-33_KTC FARM.DWG
AUtoCAD Version 2021 Scale AS NOTED Units English
C
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Comments
O
ROW
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Index of Revisions
Date
I
I
I
I
Initials
i
0
W
0
fl:
I
-o
-73
ROW ROW "3W
EXISTING EDGE OF ASPHALT
ROW ROW
WCR 76
13;\-r- ROW
PROPOSED RIGHT OF WAY
APPROXIMATE AREA = 0.026 ACRES
APPROXIMATELY 28 LF OF EXISTING
DITCH TO BE REMOVED WITH
PROPOSED CONCRETE CAP
WELD COUNTY
PUBLIC WORKS DEPARTMENT
1111 H. STREET
P.O. BOX 758
GREELEY. CO. 80632-0758
PHONE (970) 356-4000
FAX (970) 304-6497
ROW
GLENN AND SHANNON
LEFFLER
ROW ROW ROW ROW
ROW - ROW ROW ROW ROW
PROPOSED EDGE OF ASPHALT
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
APPROXIMATE AREA = 0.048 ACRES
As Constructed
No Revisions
Revised
Void
KTC FARM LLC
0
30
60
1 Feet
WCR76-WCR33TOSH85
WCR76&33-KTC
Designer TMA
Detailer TMA
Sheet Subset
Sheet Subset
RO'
VVCR 37
\VCR i3
WCR 35
A‘G\4 `NP�f
KEYMAP
NTS
Project No./Code
HRP-91
Sheet Number -- of 25
Ca up
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ems
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ROW ROW
EXISTING CULVERT
ROW ROW
003 003
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ROW
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- FLASHIIG STOP SIGN
TO REMAIN
TELEPHONE PEDESTAL
O
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ADJUST WATERLINE VALVE
AND INSTAIU.L RISER
10+00
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60 ODI ROW
t
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S
ai
i
i
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-o
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so r-
RESET FLASHING STOP SIGN AND
ROAD NAME SIGNS PER MUTCD
EGA
ROW
GLENN AND SHANNON
LEFFLER
ROW ROW
PROTECT EXISTING
GAS MARKER (TYP)
ROW ROW ROW
MILL EXISTING ASPHALT
ROW
ROW ROW
ROW
tOA ----- LOA -- LGA - EGA
11044
PROTECT EXISTING
POWER POLE (TYP)
WCR 76
SAWCUT AND REMOVE APPROX. 28 LF
OF EXISTING IRRIGATION CHANNEL
CONSTRUCT CONCRETE CAP
N=440,296.78
E=208,170.98
11+00
-4--
EOA - - EVA -- t?A
EXISTING EDGE OF ASPHALT
?Ct
EGA -
ROW
PROPOSED ROADWAY CENTERLINE
KTC FARM LLC
ROW
0
01
C
7J
0
ROW - ROW ROW ROW
40
1 Feet
ROW
CAL
BEFO
FOR
Computer File Information
5/18/2022
Creation D
ale:
V
Initials TMA
Last Modifi
Full Patn
ed Dale: 7/17/2023 Initials TMA
M t -ACTIVE PROJECTSINARP PROJECTS720271WCR 76 BTWN WCR 33 AN
1 IWY tth1PRDDUC TION Q vG s
le Name: WCR 76_DEMO.DWG
Drawing Fi
AutoCAD
ersion. 2021 Scale. AS NOTED Unils. English
I
ndex of Revisions
I _
Date
Comments
Initials
WELD COUNTY
As Constructed
PUBLIC WORKS DEPARTMENT
1111 H. STREET
P.O. BOX 758
GREELEY, CO. 80632-0758
PHONE (970) 356-4000
FAX (970) 304-6497
No Revisions
WCR76-WCR33TOSH85
WCR 76 & 33 REMOVALS
WCR 33
0
1,
V
Of
WOR 35
WCR 37
N\GN�N r1/4N4
KEYMAP
N 15
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
.., l s earn,
L 2 -BUSINESS DAYS IN ADVANCE
E YOU DIG, GRADE, OR EXCAVATE
THE MARKING OF UNDERGROUND
MEMBER UTILITIES
Project No./Code
Revised
Void
Designer TMA
Detader TMA
i
HRP-91
Sheet Subset I Sheet Subset
Sheet Number 6 of 72
IN
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SECTION LINE
Creation Dale. 5/182022
KENNETH & SHERRI
MACKEY
ROW
AYR
SECTION UNE
ROW ROW ROW
- Os WI Oil
903 903 903 003 003 903 —"-- 003
EXISTING SURVEY MONUMENT
ANDERSON LEGACY
FARMS LLC
Computer File Information
Last Modified Date 7/17/2023
Initials TMA
Initials TMA
Full Path: link -ACTIVE PROJECTS \HARP PROJECTS\2022\WCR 76 BTWN WCR 33 ANC
FMK 85\PRODIJCTION DWGS
Drawing File Name: WCR 76_INTERSECTIONS.DWG
AutoCAD Version. 2021 Scale AS NOTED Units. English
L. I U
I
6O.001ROW
O W
Index of Revisions
Comments
Initials
TIE TO EXISTING DITCH AND
CONSTRUCT PROPOSED DITCH
STA: 10+12.01/167.08' L
N=440,533.96
E=208,163.16
TIE PROPSOSED DITCH
TO EXISTING DITCH
STA: 10+47.20/37.10' L
N=440,405.03
E=208,202.00
PROTECT EXISTING
UTIUTY POLE
CONTINUE PROPOSED
FORESLOPE
11*00
4866
4865
S C6 r 48048'62
PROTECT EXISTING
UTILITY POLES
TIE TO EXISTING DITCH AND
CONSTRUCT PROPOSED DITCH
STA: 10+30.92/44.89' R
N-440.322.61
E=208,188.03
EXISTING EDGE
OF ASPHALT (TIP)
WELD COUNTY
PUBLIC WORKS DEPARTMENT
1111 H. STREET
P.O. BOX 758
GREELEY, CO. 80632-0758
PHONE: (970) 356-4000
FAX (970) 304-6497
I --
WCR 76
4e66
4865
4E&4
ROW ROW
CONTINUE PROPOSED
FORESLOPE
TIE PROPOSED DITCH
TO EXISTING DITCH
STA: 11+30.42/25.33' R
N=440,344.97
E=208,286.94
KTC FARM LLC
As Constructed
No Revisions
Revised
GLENN & SHANNON
LEFFLER
13+00
80
1 Feet
vVGN 33
WCR 35
WCR 37
KEYMAP
N
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES
WCR 76 - WCR 33 TO SH 85
WCR 76 & 33 GRADING PLAN
Designer TMA
Detailer. TMA
Sheet Subset
Sheet Subset
Project No./Code
HRP-91
P-91
Sheet Number 21 of 72
Contract Form
Entity Information
Entity Name *
KTC LLC
Contract Name"
AGREEMENT FOR PURCHASE
Contract Status
CTB REVIEW
Entity ID*
@00047935
Contract ID
7870
Contract Lead *
TANDERSON
Contract Lead Email
tanderson@weld.gov
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
HRP-91
Contract Description*
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FROM KTC FARM,
LLC (WCR 76 / WCR 33 INTERSECTION IMPROVEMENTS, SOUTHEAST QUADRANT)
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$ 5,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 02/29/2024
03/04/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Termination Notice Period
Contact Information
Review Date *
02/23/2024
Committed Delivery Date
Renewal Date
Expiration Date*
03/04/2027
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 CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/26/2024 02/26/2024 02/27/2024
Final Approval
BOCC Approved Tyler Ref #
AG 030424
BOCC Signed Date Originator
TANDERSON
BOCC Agenda Date
03/04/2024
Hello