HomeMy WebLinkAbout20250443.tiffResolution
Approve Memorandum of Agreement for Certain Roadway Improvements for
County Road 72 between County Roads 33 and 35, and Authorize Chair to Sign —
Ted and Sheri Carlson
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Memorandum of Agreement for Certain
Roadway Improvements for County Road 72, between County Roads 33 and 35, 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
Ted and Sheri Carlson, commencing upon full execution of signatures, 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 Memorandum of Agreement for Certain Roadway Improvements on
County Road 72, between County Roads 33 and 35, 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 Ted and Sheri Carlson, be, and hereby is,
approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 12th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5011022 Pages: 1 of 6
02/13/2025 09:27 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
WIC. III II
CG', QW (cWzoJfob AtisIsis) 2025-0443
'2/'3/25 EG0083
Con ad ID 9082.
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: Memorandum of Agreement (MOA) to Purchase Easements
(Ted and Shed Carlson)
DEPARTMENT: Public Works
PERSON REQUESTING: Michael Bedell / Don Dunker / Curtis Hall
DATE: 1/14/25
Brief description of the problem/issue:
Weld County has designed roadway improvements for WCR72 between WCR33 and WCR35. The
improvements include earthwork and drainage ditches, The construction of these improvements will require a
Temporary Construction Easement (TCE) on land adjacent to the north side of WCR72 right-of-way.
The TCE area has been determined to be 0.196 acres and has an estimated value of $333.46. The
Memorandum of Agreement (MOA) proposes to acquire the easement for the minimum offer amount of
500.00. Ted and Shed Carlson have accepted this offer and signed the attached MOA.
What options exist for the Board?
1. Allow the MOA to be placed on the next available BOCC Agenda.
2. Ask for a work session and additional information.
Consequences: If the MOA is not placed on the BOCC Agenda and approved for signature, the project
timeline may be lengthened.
Impacts: This easement acquisition directly impacts the project timeline. The construction is currently
scheduled to be advertised for construction bids in April 2025 so that all work can be completed by
September 2025.
Costs: Costs will not exceed $500.00 and are accounted for in the Public Works budget. These are one-
time costs so subsequent fiscal year budgets will not be affected.
Recommendation:
Public Works staff recommends placing the MOA on the next available BOCC Agenda for consideration.
Support Recommendation Schedule
P a e on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
t�-
2025-0443
Znz Eco083
WELD COUNTY
MEMORANDUM OF
AGREEMENT
Project Code: Parcel No: 080502300010 &
080502300009
Project No: SFT-14
Location: WCR 72 FROM WCR 33 TO WCR 35
County: Weld I State Highway No:
This Memorandum of Agreement ("Agreement") made on FFebIAACLIA41.217 025 is between Weld County
(GRANTEE) for the purchase of the parcel(s) listed above from the •1
Owner(s) Ted E. & Sheri L. Carlson (GRANTOR).
Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado
state laws and regulations. The amount of money and/or compensation listed below is full consideration for the
following land, easements, improvements, and damages of any kind.
Land
Sq.ft❑/acres❑
$
Permanent and Slope Easements
Sq.ft❑/acres❑
$
Temporary Easements (TCE, TCE-A, & TCE-B)
8,550.96 Sq.ft®/acres❑
$ 333.46
improvements:
$
Damages:
$
Gross Total
Less Credit
Net Total
$333.46
$
$500.00 (Min)
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
9) The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as
described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby
excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits, and
that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the
GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These
covenants and agreements hereunder, shall inure to and be binding upon the GRANTOR and its heirs, personal
and legal representatives, successors and assigns forever.
10) Acknowledges and agrees that by signing this Agreement, it may be waiving rights, including, but not limited
to, the right to contest GRANTEE's taking of possession or title to the property by eminent domain.
11) GRANTOR warrants and represents to GRANTEE that the Property has never been used as a landfill or waste
dump; there has been no installation in or production, use, release, disposal, or storage on the Property of any
hazardous substances or other toxic substance, and there is no pending or threatened proceeding, inquiry, action,
litigation or order by any court, governmental authority or agency with respect to the Property under any
Environmental Laws or otherwise.
5011022 Pages: 2 of 6
02/13/2025 09:27 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
AMYL ,L'r+�I�P��lY til►h Y4rh B ii
5010951 Pages: 1 of 5
02/12/2025 02:58 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
■III li rdN1I1IL.KI :10.0: ICLii POI II
12) GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR after the date of
transfer, that such after acquired title is conveyed to the GRANTEE.
NOTE: At GRANTOR'S sole discretion,
GRANTOR to the GRANTEE. GRANTEE
estate. In transactions where GRANTOR
as set forth above, will be deleted from this
❑ GRANTOR conveys the underlying
the Memorandum of Agreement and the conveyance
The GRANTEE:
I ) Will be entitled to specific performance
2) Will be held harmless from any claims
benefits due under relocation law;
3) Will make payment after receiving acceptable
4) Will take possession and use of the parcel(s)
escrow account for the benefit of the GRANTOR,
of title to the parcel(s) shall occur upon
the payment from escrow to the GRANTOR,
Uniform Relocation Assistance and Real
the GRANTOR may convey the underlying mineral estate owned by
makes no representations about the nature, title or value of the mineral
conveys the underlying mineral estate to GRANTEE, Paragraphs 8 and 9,
Memorandum of Agreement and the conveyance document.
mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from
document.
of this agreement upon tender of the agreed consideration;
against the property or to any interest in the property, except for any
conveyance instruments from the GRANTOR;
when it deposits the consideration, as set forth above, into an
or when GRANTEE disburses funds to GRANTOR. Transfer
performance of any and all terms under this agreement, and release of
unless other arrangements arc made that fallow Title III of the
Preperiy Ag uisilion Act of 1970, as amended: and
5) Will prepare the following documents:
❑ General Warranty Deed 0 Utility Easement
❑ Access Deed 0 Permanent Easement
0 Full Release(s) Book/Page: ❑ Slope Easement
❑ Partial Release(s) Book/Page: ® Temporary Easement(s)
Order Warrant $ 500.00
Payable to: Ted E. Carlson & Sheri L Carlson
Order Warrant $
Payable to:
GRANTOR: Ted E. Carlson
By: ) '
GRANTOR: Sheri L. Carlson
or•
. t '
ATTEST: 'WEJeD OUNTY9,ERK T THE
BOARD �. , • A
n.,
BY: Hu017ccp1
BOARD OF COUNTY COMMISSIONERS WELD. P
COUNTY, COLORADO•1851
BY• FEB 1 N
Deputy Clerk to the oard
Perry L. Buck C it
APPROVED AS TO FORM:
County Attorney:
Real Estate Spec list �.
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Carly Koppel, Clerk and Recorder, Weld County , CO
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Carly Koppel, Clerk and Recorder, Weld County , CO
VIII NUN iliaiWANI I "III
Page 2 of 3
WELD/CDOT Form #7s4 — 04/2024
ADDENDUM:
l) 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.
5010951 Pages: 3 of 5
02/12/2825 02:58 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII kirJETILIWIreirNi rY �G4'��I U. Bill
5011022 Pages: 4 of 6
02/13/2025 09:27 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111r:NRVili i tI II
Page 3 of 3 WELD/CDOT Fotm #784 —04/2024
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 6 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. 0805-02-3 RECX12-0109, FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3916966, DATED MARCH 14,
2013 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST
ONE -QUARTER AS BEARING SOUTH 89'10'52" WEST, A DISTANCE OF 2685.26 FEET, TO THE SOUTHWEST
CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE NORTH 88'30'13" WEST, A DISTANCE OF 742.59 FEET, TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 72, DESCRIBED IN ROAD PETITION, FILED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 28561, DATED APRIL 23, 1888, AND BEING THE
TRUE POINT OF BEGINNING.
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'10'52" WEST, A DISTANCE OF 200.00
FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'49'08" WEST, A DISTANCE OF 15.00 FEET;
THENCE NORTH 89'10'52" EAST, A DISTANCE OF 200.00 FEET;
THENCE SOUTH 00'49'08" EAST, A DISTANCE OF 15,00 FEET TO THE TRUE POINT SE BEGINNING.
SAID PARCEL CONTAINS 3,000 sf. OR 0.069 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
5010951 Pages: 4 of 5
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111' III)P IIDN iqI:Iiu)' k E'1:IY1.Y.IGNK trhlrlrYlyh 1I II1
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
CARLSON
RECX 12-0109 LOT -B
WELD COUNTY, COLORADO
5011022 Pages: 5 of 6
02/13/2025 09:27 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
GO_V NTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT N0: 91:1.14 'SCALE:
DATE. 10-I8.24IDRAWN BY: DRIIISHEET: I of
liII h���0��1�IQ'iIl���h'L�'�GI'�'CM�I�I��'4��J Y4 1I III
TED E. & SHERI L.
CARLSON
PARC.#080502300010
RECP.# 2331370, 5-03-1993
LOT -B, RECX12-O1O9
REC#3916966, 3-14-2O13
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
N88'3O'13"W
S89'1O'52"W
NOO'49'O8"W
NEWTO' 52"E
SOO 49'O8"E
742.59'
200.00'
15.00'
200.00'
15.00'
L3
L4
L5
Imo.
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
3,000 of.
OR 0.069 oc.t
<4,
14 6qj
'0,
TED E. & SHERI L.
CARLSON
LOT -A. RECXIT-0109
REC�3918988, 3-14-2013
BASIS OF BEARING L
989'10'52"W 2685.26' _ tj a \ _ _Y C --u - --
J \„� TCE
EXISTING 60 P 08.
P.O.E.SW CORNER RIGHT-OF-WAY 0 /4
CORNER
S2-T6N-R66W REC#28561 S2 S2-
FOUND 3.25" APRIL 23, 1888 \ S2-76N
ALUMINUM CAP IN NERO FOUND 3.25"
ALUMINUM CAP
LS -22098, 1993
MOMENT BO
LS-NU28258, 200X8
JD LANDCO, LLC
1I4 6641
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY,
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
CARLSON
RECX 12-0 109 LOT -N
WELD COUNTY, COLORADO
G0 11'CY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SF -14 (SCALE: i"=200
DATE: 10-1,
DRAWN BY: DRHISHEET: 2 of 2
5010951 Pages: 5 of 5
02/12/2025 02:58 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII 1Y441I III
CnfiraC+ID OTZ
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), executed this I Z.�day of ccbAickAA4 20 25 is
made between Ted E. Carlson and Sheri L. Carlson, (referred to herein as "Owner", vehether one
or more), whose legal address is 16455 County Road 72 Eaton, CO, 80615 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 "County"), whose legal address is 1150"O"
Street, Greeley, Colorado 80631:
WITNESSETII: 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 County
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 two (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 road Right -of -Way shall
remain open throughout the term of the TCE.
co ri stn+
zilzizs
Z3
3
OWNER: i OWNER:
Ted E. Car s• Sheri L. Carlson
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this ; day of 'fi
by -f . NA2vfL 4t-vo) St-te l L. 014-17I5Or2
Witness my hand and official seal.
ALPk— RA,
ary Public
DEANN M BEHNE
NOTARY PUBIJC
STATE OF COLORADO
NOTARY ID 19914011711
MY COMMISSION EXPIRES SEPTEMBER 19, 2027
, 2424
EXHIBIT -A
PROPERTY DESCRIPTION
TWO PARCELS OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 2, 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 RECORDED EXEMPTION NO. 0805-02-3 RECX12-0109, FILED IN THE WELD COUNTY CLERK AND RECORDERS
OFFICE UNDER RECEPTION NO. 3916966, DATED MARCH 14, 2013 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TOE -A
COMMENCING, AT THE SOUTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING SOUTH
89'10'52" WEST, A DISTANCE OF 2685.26 FEET, TO THE SOUTHWEST CORNER OF SECTION 2. TOWNSHIP 6 NORTH, RANGE
66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER, NORTH 05'50'03" WEST, A DISTANCE OF 30.12 FEET,
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 72, DESCRIBED IN ROAD PETITION, FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 28561, DATED APRIL 23, 1888, AND BEING THE
TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID EAST LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'10'52" WEST, A
DISTANCE OF 53.35 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'49'08" WEST, A DISTANCE OF 93.12 FEET;
THENCE NORTH 84'09'57" EAST, A DISTANCE OF 45.00 FEET, TO A POINT ON THE EAST LINE OF SAID SOUTHWEST
ONE -QUARTER;
THENCE ALONG SAID EAST LINE, SOUTH 05'50'03" EAST, A DISTANCE OF 97.43 FEET TO THE TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 4,675.96 sf. OR 0.107 ac. MORE OR LESS.
ICE -B
COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING SOUTH
89'10'52" WEST, A DISTANCE OF 2685.26 FEET, TO THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE
66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE NORTH 85'25'20" WEST, A DISTANCE OF 318.96 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
COUNTY ROAD 72. DESCRIBED IN ROAD PETITION, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT
RECEPTION NUMBER 28561, DATED APRIL 23, 1888, AND BEING THE TRUE POINT OF BEGINNING,
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'10'52" WEST, A DISTANCE OF 35.00 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'49'08" WEST, A DISTANCE OF 25.00 FEET;
THENCE NORTH 89'10'52" EAST, A DISTANCE OF 35.00 FEET;
THENCE SOUTH 00'49'08" EAST, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 875.00 sf. OR 0.020 ac. MORE OR LESS.
TOTAL COMBINED AREA TCE-A & TCE-B CONTAINS 5,551 sf. OR 0.127 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
CARLSON
RECX12-0109 LOT -A
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SEE -14 I SCALE:
DATE: I0-lS-24jDRAWN BY: DRFIISHEET: I (42
EXHIBIT -A
PL. �..
\
TED E. & SHERI I../ CARLSON c.....)
LOT -H, RECX12-0109 Qu ' ).--,
REC#3916966, 3-14-2013 / TED E. & SHERI L. CARLSON
/ PARC.#080502300009 Z Q^, o
`,`- `` RECP.# 2331370, 5-03-1993 I a
tj LOT -A, RECX12-0109 ��,?
' REC#3916966, 3-14-2013 ,,,,E"'.
ica
'' H(
LINE TABLE
a fi m
...,40'.
LINE
BEARING
DISTANCE
w
.;.E
:a ., •, t
L1
NO5'5O'O3"W
30.12'
r� o
i •..
., f•
L2
S89'10'52.'10153.35'
w
UN�1 '1 �J
L3
NOO'49'O8"W
93.12'
1 W
,„ ..
L4
N84'O9'57"E
45.00'
�( R66
Y, t'
Q
L5
SO5'5O'O3"E
97.43'
,�,I
L6
N85'25'2O"W
318.96'
$, �-.
L7
S89'1O'52"w
35.00'
r'
L8
NOO'49'O8"W
25.00'
L9
N89'1O'52"E
35.00'
L1O
SOO'49'O8"E
25.00'
TCE-A
TEMPORARY CONSTRUCTION
TCE-B
TEMPORARY CONSTRUCTION EASEMENT ACQUIRED
EASEMENT ACQUIRED 4,675.96 sf.
875.00 sf. OR 0.107 ac.t
OR 0.020 ac.t TOTAL COMBINED AREA
TCE-A & TCE-B L3
5,551 sf. OR 0.127 ac.f
L9
L8 u a
L4
L5
TCEA
P o.e.
L2
Lt
BASIS OF BEARING
S9'i6'5₹"w 26�ti.2s'
Poe WCR 72
SW CORNER P.O.C.
52-T6N-R66W EXISTING 60RIGHT-Of-WAY S1/4 CORNS
FOUND 3.25" REC#28561, APRIL 23, 1888 S2-TEN-R66W
ALUMINUM CAP IN FOUND 3.25"
MONUMENT BOX , �� ALUMINUM CAP
LOS -28258, 2008 HERO (I �)``,fi LS -22098, 1993
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT ��
A MONUMENTED LAND SURVEY OR LAND SURVEY Si
PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
186'
G.QUNT��'"_
1
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
CARLSON
RECXI2-0109 I,OI_A
WELD COUNTY, COLORADO
PROJECT NO' SFT-I4 SCALE: 1"==100
DATE 1()-18-24(DRAWN 8Y: DIM ISHEET. 2 01'2
EXHIBIT F
Weld County
FAIR MARKET VALUE
Project Code:
Project No.: SFT-14
WAIVER VALUATION
Parcel No.: 080502300009 Ft 080502300010
Owner Name: Ted a Sheri Carlson
Location:
County: Weld
Brief description of subject and taking: The subject property is two parcels equaling 3145903.2 square foot
agricultural land property. The takings are three temporary easements TCE 3,000 square feet, TCE-A 4,675.96 square feet
and TCE-B 875.00 square feet TOTAL COMBINED AREA CONTAINS 8,551 square feet.
Land/Site Value Part Taken
Parcel or Easement # (except TE) Area SF or AC
S/Unit
Easement Burden %
Total Land
Improvements Value Part Taken:
Describe Below
Contributory Value: Per Unit Basis or Lump Sum Basis
Total Improvements
TE
Purpose
Area SF or AC
$/Unit
x % rate of return x duration
TCE
Temporary Construction
Easement
3,000 SF
$0.39
10%
$ 117.00
ICE -A
Temporary Construction
Easement
4,675 SF
$0.39
10%
$ 182.33
TCE-B
Temporary Construction
Easement
875 SF
$0.39
10%
$ 34.13
Damages (Cost to Cure). Describe and quantify:
$
+Total Temporary Easements and Damages (Cost to Cure)
+ $ 333.46
= Total Compensation Estimate
= $ 500.00
(min)
Has the owner or designated representative accompanied the TbwwR'S representatiq during inspection of the property?
® Yes Date 10/28/24 WES.b Cgmayir
❑ No Describe efforts made:
cc: Project Development Branch — Right of Way Program - original
Region ROW
Previous editions are obsolete and may not be used
CDOT Form #919
Version 2016-12
EXHIBIT F
Date:11/19/24
Signed (Waiver Valuation Preparer):
The dollar amount above is approved as Just Compensation by:
(Weld County Project Lead)
-CYULISietay.- •
cc: Project Development Branch — Right of Way Program - original
Region ROW
Previous editions am obsolete and may not be used
Date: ‘‘(—a,17.4
CDOT Form #919
Version 2016-12
EXHIBIT F
Basis of Valuation
The unit price was derived from the analyses of comparable vacant land sales. For purposes of this valuation, three
sales in proximity to the subject were examined within the range of $0.21 /SF to $0.69/SF. The average of the three
below comparable sales is roughly $0.39/SF which will be the basis of this valuation.
9703 County Road 6 Fort Lupton, CO sold February 2024 80 acres of vacant
agriculture land sold for $2,400,000 = $0.69/SF.
No Address Milliken, CO sold August 2023
sold for $800,000 = $0.26/SF.
TBD 257 HWY Greeley, CO sold February 2024
agriculture land sold for $675,000 = $0.21 /SF.
cc: Project Development Branch — Right of Way Program - original
Region ROW
72 acres of vacant agriculture land
Previous editions are obsolete and may not be used
73.16 acres of vacant
CDOT Form #919
Version 2016-12
EXHIBIT F
cc: Project Development Branch — Right of Way Program - original CDOT Form #919
Region ROW Version 2016-12
Previous editions are obsolete and may not be used
Entity Information
Entity Name *
CARLSON, TED
Entity ID*
@00049524
Contract Name *
WCR72 EASEMENT FOR ROAD IMPROVEMENTS
Contract Status
CTB REVIEW
Contract ID
9082
Contract Lead *
MBEDELL
Contract Lead Email
MBedell@weld.gov
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
SFT-14
Contract Description *
ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT REQUIRED FOR ROADWAY IMPROVEMENTS ON
WCR72 BETWEEN WCR33 AND WCR35.
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$ 500.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
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
Requested BOCC Agenda Due Date
Date* 02/08/2025
02/12/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Contact Info
Review Date*
12/31/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
02/06/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02/12/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
02/07/2025 02/07/2025
Tyler Ref #
AG 021225
Originator
MBEDELL
Hello