HomeMy WebLinkAbout20253113 Resolution
Approve Memorandum of Agreement for Purchase of Property Interest for
Acquisition of Public Road Right-of-Way for County Road 29 Improvements Project
Between State Highway 392 and County Road 74, and Authorize Chair to Sign All
Necessary Documents — Lee and Ruby Lindblad
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 the
Purchase of Property Interest for Acquisition of Public Road Right-of-Way for the County
Road 29 Improvements Project, between State Highway 392 and County Road 74,
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
Lee and Ruby Lindblad, 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 the Purchase of Property Interest for
Acquisition of Public Road Right-of-Way for the County Road 29 Improvements Project,
between State Highway 392 and County Road 74, 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 Lee and Ruby Lindblad, be, and hereby is,
approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
all necessary documents.
5068805 Pages: 1 of 9 Cc .pt.)(cH/KH/AD/Ms/vM/sj;) 2025-3113
Carly5Koppe5,OCle 5 and Recorder,O.00
Wed County , CO 12/ p/25 EG0083
ih NY%1101Midi ld 11111
Memorandum of Agreement for Purchase of Property Interest for Acquisition of Public
Road Right-of-Way for County Road 29 Improvements Project Between State
Highway 392 and County Road 74 - Lee and Ruby Lindblad
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of November, A.D., 2025:
Perry L. Buck, Chair: Aye �r*M�-•�
Scott K. James, Pro-Tern: Aye \ I /i,S\
Jason S. Maxey: Aye ♦ ' 4 a
Lynette Peppler: Aye ..i
Kevin D. Ross: Aye I Aso ';4 r
Approved as to Form: V+► „��!
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5068805 Pages: 2 of 9 2025-3113
11/25/2025 01:15 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO EG0083
SIII FEINT V,I I0'444'M 41111hilAR IVILI 11A 1111
Conrh.aci- IN 10013
qi w f° ` A }c
. _ =
MEMORANDUM
' �' -. TO: Esther Gesick,Clerk to the Board DATE: 11/07/25
!.: a ",
M 4 ,?. ' FROM: Michael Bedell,P.E.&Val Mino Public Works Department
SUBJECT: ROW less than$5,000
Please place the following Right-of-Way(ROW)item on the next available BOCC Agenda,without a BOCC pass-around
memo. This ROW acquisition is associated with the WCR 29, from Hwy 392 to WCR 74 Improvements Project and the
proposed amount of payment to the landowner(Lee E.&Ruby H.Lindblad)is$1300.00.
pc:
M:\'Administration\Forms\MEMO-Form.doc
2025-3113
(1/1l EelOOZ3
MEMORANDUM OF Project Code:N/A Parcel No:080517000023
AGREEMENT TO PURCHASE Project No: SFT-13
PROPERTY INTEREST Location:WCR 29-HWY 392 TO WCR 74
County:Weld State Highway No:N/A
This Memorandum of Agreement("Agreement")made on 1\i�vaM1%V �'�, ?_lZ51 is between Weld County
(GRANTEE) for the purchase of the parcel(s)listed above from the
Owner(s) Lee E. &Ruby H. Lindblad (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(RW)ROW A&ROW B 2,002 Sq.ft®/acres❑ $ 1000.00
Permanent and Slope Easements Sq.fl❑/acres❑ $
Temporary Easements(TE) Sq.ft❑/acres❑ $
30%Incentive $ 300.00
Damages: $
Gross Total $1300.00
Less Credit $
Net Total $1300.00
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
5068805 Pages: 3 of 9
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Carly
MrseIl i Recorder,
PAIN ViLFI Eilf III 2az5-3( 13
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.
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,the GRANTOR may convey the underlying mineral estate owned by
GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature,title or value of the mineral
estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE,Paragraphs 8 and 9,
as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document.
❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from
the Memorandum of Agreement and the conveyance document.
The GRANTEE:
1)Will be entitled to specific performance of this agreement upon tender of the agreed consideration;
2)Will be held harmless from any claims against the property or to any interest in the property, except for any
benefits due under relocation law;
3)Will make payment after receiving acceptable conveyance instruments from the GRANTOR;
4)Will take possession and use of the parcel(s)when it deposits the consideration, as set forth above,into an
escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR. Transfer
of title to the parcel(s) shall occur upon performance of any and all terms under this agreement, and release of
the payment from escrow to the GRANTOR,unless other arrangements are made that follow Title III of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended; and
5)Will prepare the following documents:
• Warranty Deed ❑ Utility Easement
❑ Access Deed ❑ Permanent Easement
❑ Full Release(s) Book/Page: ❑ Slope Easement
❑ Partial Release(s) Book/Page: 0 Temporary Easement
Order Warrant$ 1,300.00 Payable to:Lee E.&Ruby H.Lindblad
Order Warrant$ Payable to:
5068805 Pages: 4 of 9
Page 2 of Carly5Koppe5,OCie 5 and Recorder,0Wed County , CO WELD/CDOT Form#784—04/2024
1111111 ��14��� �1�'4',4i :1 '�«4! �I,' Lk 11111
GRANTOR: Lee E. Lindblad
By: F�
GRANTOR: Ruby H. Lindblad
By: ,,....
ATTEST: WELD COUNTY CLERK TO THE BOARD OF COUNTY COMMISSIONE W D .
BOARD d :` d t COUNTY, COLORADO a
10,4
BY: BY: 10:44 „
Deputy Clerk to the Board Perry L. Buck hair 1 7 ZQ
APPROVED AS TO FORM:
County Attorney:
ADDENDUM:
1)This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all
and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors,
and assigns.
2)This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado or its designee.
3)No term or condition of this contract shall be construed or interpreted as a waiver, express or implied,of any of
the immunities,rights,benefits, protections, or other provisions,of the Colorado Governmental Immunity Act §24-
10-101 et seq., as applicable now or hereafter amended.
4)This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all
prior negotiations,representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. No oral representation,promise, or consideration different from the terms herein contained shall be
Page 3 of 4 11/25/ 5 Pages: 5 ee 9 WELD/CDOT Form#784-04/2024
g Carly Koppes, Clerk and 11/25/2025 01:r15 PM R`F�ele�:$L0�0r0 r+ ` `
III 1fl'' =IVELl���`f��eli�"�f�A l'Vl:lll 'IC11 III Z025- 31 3
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.
5068805 Pages: 6 of 9
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 PM' 'UM CI lid II III
Page 4 of 4 WELD/CDOT Form#784—04/2024
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5068805 Pages: 7 of 9
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Carly Koppes, Clerk and Recorder, Weld County , CO
III MrjI 1 1G11 1-I 1:100.111.,11Fil dLM:Ilii.11Mr11.1rL'i lilii 111111
EXHIBIT-A
PROPERTY DESCRIPTION
TWO PARCELS OF LAND, LOCATED IN THE SOUTHEAST ONE—QUARTER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF
SPECIAL WARRANTY DEED, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4781636,
DATED DECEMBER 02, 2021, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL—A
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN
AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE—QUARTER AS BEARING NORTH 00'03'10"
WEST, A DISTANCE OF 2634.00 FEET, TO THE EAST ONE—QUARTER CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE
66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE NORTH 37'10'24" WEST, A DISTANCE OF 49.71 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY UNE OF
HIGHWAY 392, DESCRIBED IN RIGHT—OF—WAY DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT
RECEPTION NUMBER 1144073, DATED DECEMBER 11, 1952, AND ALSO BEING A POINT ON THE WESTERLY RIGHT—OF—WAY
LINE OF COUNTY ROAD 29, DESCRIBED IN BOARD OF COUNTY COMMISSIONERS RECORDERS FILED UNDER BOOK 2, PAGE
398, DATED JULY 08, 1881, AND BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, SOUTH 89'15'20" WEST, A DISTANCE OF 40.00 FEET;
THENCE DEPARTING SAID NORTHERLY RIGHT—OF—WAY UNE, NORTH 44'36'05" EAST, A DISTANCE OF 56.91 FEET, TO A
POINT ON THE WESTERLY RIGHT—OF—WAY UNE OF SAID COUNTY ROAD 29;
THENCE ALONG SAID WESTERLY RIGHT—OF—WAY LINE, SOUTH 00'03'10" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 800 sf. OR 0.018 ac. MORE OR LESS.
PARCEL—B EXISTING RIGHT—OF—WAY
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN
AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SOUTHEAST ONE—QUARTER AS BEARING NORTH 00'03'10" •
WEST, A DISTANCE OF 2634.00 FEET, TO THE EAST ONE—QUARTER CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE
66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE NORTH 37'10'24" WEST, A DISTANCE OF 49.71 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY UNE OF
HIGHWAY 392, DESCRIBED IN RIGHT—OF—WAY DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT
RECEPTION NUMBER 1144073, DATED DECEMBER 11, 1952, AND ALSO BEING A POINT ON THE WESTERLY RIGHT—OF—WAY
UNE OF COUNTY ROAD 29, DESCRIBED IN BOARD OF COUNTY COMMISSIONERS RECORDERS FILED UNDER BOOK 2, PAGE
398, DATED JULY 08, 1881, AND BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG THE WESTERLY RIGHT—OF—WAY LINE OF SAID COUNTY ROAD 29, NORTH 00'03'10" WEST, A DISTANCE OF
40.00 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT—OF—WAY UNE, NORTH 88'59'09" EAST, A DISTANCE OF 30.00 FEET, TO A
POINT ON THE EAST LINE OF THE SOUTHEAST ONE—QUARTER OF SAID SECTION 17:
THENCE ALONG SAID EAST SECTION LINE, SOUTH 00'03.10" EAST, A DISTANCE OF 40.14 FEET, TO A POINT ON THE
NORTHERLY RIGHT—O—WAY UNE OF SAID HIGHWAY 392;
THENCE DEPARTING SAID EAST SECTION UNE AND ALONG SAID NORTHERLY RIGHT—OF—WAY !,..TH 89'15'20" WEST,
A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING.
•
SAID PARCEL CONTAINS 1,202 sf. OR 0.028 ac. MORE OR LESS. 0•.�
•
rijo
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, :Si 8 13 3
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
0
DANIEL R. HOLMES 10 ••4T••J
PLS 38213 •1ONq��-lANpS
RIGHT OF WAY 18 WELD COUNTY DEPARTMENT
ACQUISITION
6
1 OF PUBLIC WORKS
14 Jr, ! _ ' (t„ \ WCR 29-HWY 392 TO WCR 74
PROJECT
LINDBLAD
WELD COUNTY,COLORADO C O U sI T Y : PROJECT NO: SFT-13 SCALE:
DATE:6-16-25 DRAWN BY:DRH SHEET: 1 or2
5068805 Pages: 8 of 9
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 � OVA !NU 11111
EXHIBIT-A
".0 Li I I
""•' WEST ONE—QUARTER CORNER
• le�.u:.
� �• y S16-T6N-R66W FOUND 3 1/4"
�� ALUMINUM CAP LS22098, 1995
I3=
IN A MONUMENT BOX S'
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RECP.42003155,3-25-1985 EE
4e 17-z5• PIPELINE EASEMENT ¢3
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6 RECP.#4321793,7-27-2017 I I B.O.C.C.BK.2,PG.398
i l' 40'PIPELINE EASEMENT 30•00' 30.00' 11 ]ULY O8,1881
40.00' dI
LINE TABLE
LINE BEARING DISTANCE Ai ti`6 60
L1 N3710'24"W 49.71' I I
L2 S89'15'20"W 40.00' + I 516.
L3 N44'36'05"E 56.91'
L4 SO0'03'10"E 40.00' I I
L5 N88'59'09"E 30.00' I PARCEL—B
L6 SOO'03'10"E 40.14' EXISTING
L7 S89'15'20"W 30.00' PARCEL—A L5 RIGHT—OF—WAY
ACQUIRED
RIGHT—OF—WAY
ACQUIRED I' :�c`ecA', I 1,202 sf. OR
800 sf. OR L3 ��� <<`�f,� I 0.028 ac.±
0.018ac.t L4f ,AeL6
-- -- -- -- -- --
L2
RIGHT-OF-WAY DEED
RECP.#1144073,DEC. 11,1952 P.O.B.
PARCEL 11
HWY 392 A & B
S88'42'S4"W _ ►� —
2640.72' P.o.C.
CALCULATED POSITION SOUTHEAST CORNER '
SOUTH ONE-QUARTER CORNER S17-T6N-R66W FOUND 2 1/2"
S17-T6N-R66W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE
ALUMINUM CAP LS22098, WITNESS IN MONUMENT BOX
CORNER 39.0' TO THE SOUTH __ __ I --1-----
DOLES&HOOD I I
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I
IT IS INTENDED TO ILLUSTRATE THE ATTACHED I
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY
'� WELD COUNTY DEPARTMENT
ACQUISITION
1861 OF PUBLIC WORKS
1 �V ��, �,..� k A� WCR 29-HWY 392 TO WCR 74
_ PROJECT
L ',I
LINDBLAD �X�,� , �i PROJECT NO: SFT-13 SCALE: 1"=50
WELD COUNTY,COLORADO G Q U N T
I DATE:6-16-25 DRAWN BY:DRH SHEET:2 of2
5068805 Pages: 9 of 9
11/25/2025 01:15 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lIII I ra nfi illiRip iiiKEd I10411ik 11111
Contract Form
Entity Information
Entity Name* Entity ID* ❑New Entity?
LINDBLAD, LEE @00002863
Contract Name* Contract ID Parent Contract ID
LINDBLAD_WCR29_RIGHT-OF WAY ACQUISITION 10083
Contract Status Contract Lead* Requires Board Approval
CTB REVIEW VMINO YES
Contract Lead Email Department Project#
vmino@weld.gov
Contract Description*
ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE WCR 29 FROM HWY 392 TO WCR 74 IMPROVEMENT
PROJECT.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 1 1 /13/2025
11/17/2025
Amount* Department Email
$1,300.00 CM- Will a work session with BOCC be required?*
PublicWorks@weld.gov NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be
CM-PublicWorks- included?
Automatic Renewal DeptHead@weld.gov
Grant County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/31 /2025
Termination Notice Period Committed Delivery Date Expiration Date*
12/31 /2025
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
11 /10/2025 11/12/2025 11 /12/2025
Final Approval
BOCC Approved Tyler Ref#
AG 111725
BOCC Signed Date
Originator
VMINO
BOCC Agenda Date
11 /17/2025
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