HomeMy WebLinkAbout20251328.tiffResolution
Approve Memorandum of Agreement for Temporary Construction Easement for
County Road 76 Improvements Project Between County Roads 29 and 31, and
Authorize Chair to Sign — Daniel Bradford and Catherine Dunihoo
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 a
Temporary Construction Easement for the County Road 76 Improvements Project
between County Roads 29 and 31, 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 Daniel Bradford and Catherine Dunihoo, 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 a Temporary Construction Easement
for the County Road 76 Improvements Project between County Roads 29 and 31,
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
Daniel Bradford and Catherine Dunihoo, 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, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 14th day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Excused
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5029389 Pages: 1 of 6
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 MINE* rl Ili 11111
cc :PCct-t low/MB/513)
O5/i6/25
2025-1328
EG0083
Corte ck- 11)494 Z 11
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: 05/02/25
FROM: Michael Bedell, P.E. Public Works Department
SUBJECT: ROW, PE, TCE less than $5,000 (Description of what the item is.)
Please place the following Temporary Construction Easement (TCE) item on the next available BOCC Agenda, without a
BOCC pass -around memo. This TCE acquisition is associated with the WCR 76 Paving Project, Between WCRs 29 and
31, and the proposed amount of payment to the landowner (Daniel Bradford and Catherine Dunihoo) is $931.00.
pc:
MX AdministrationWormAMEMO-Form.doc
2025-1328
WELD COUNTY
MEMORANDUM OF
AGREEMENT
Project Code: l Parcel No. 070733000029
Project No: 8F-r•la
Location: WCR 76 FROM WCR 29 TO WCR 31
County: Weld State Highway No:
This Memorandum of Agreement ("Agreement") made on Mak (14-1 20is between Weld County
(GRANTEE) for the purchase of the parcel(s) listed above from the
Owner(s) Daniel B. Bradford and Catherine A. Dunihoo (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
followinu land, easements, improvements, and damages of anv kind.
Land Sq.ftQ/acres
$
Permanent and Slope Easements Sq.ftEl/acres
3
Temporary Easements (TCE-A,TCE-B ) L 1,750 Sq,ftaacresO
$ 931.00
Improvements:
$
Damages:
$
--
Gross Total
$931.00
Less Credit
$
Net Total
$931.00
Other conditions: County agrees to complete minor grading required to transition from the edge of the new
roadway to the existing ground surface.
Sec 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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 Prlininalaki119y1A1i1 «�t� IL�'�t'�4�tW�h 11111
I 2) GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR alter the date of
tr, nstcr, that such after acquired rifle 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, tit le 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 he deleted from this Memorandum of Agreement and the conveyance document
�] GRANTOR conveys the underlying mineral estate to liRANTEE Paragraphs 8 and 4 are hereby deleted from
the Memorandum of Agreement and the conveyance docutnent.
The GRANTEE:
l) 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, intu an
escrow account for the benefit of the GRANTOR, of when GRANTEE disburses funds to GRANTOR. Transfer
of title to the parccl(s) shall occur upon performance of any and all terns under this agreement, and release of
the payinertt from escrow to the GRANTOR, un)�4, tg1. a trr,pg.p.enKal_c11111Jt llt;fl_titl�q�lljlr.11�u(',tlr�
�luul'vinf tj cl�x_ttrorLAasili;utsE tni Sgp;L' oprat, Agyti:�i:it L_l1.ct n� .1.9211,3$ n r�cndSsf;0us1
5) Will prepare the following documents:
[l General Warranty Deed
O Access Deed
Li Full Rcicase(s) Rook/page
O Partial Release(s) Book/Page:
Order Warrant 5 9.! I no
Order Warrant $
GRAN.1OR' I'm,' B. Bradford _
( ny: ,
ATi rS
DY:
tcouty Cferk to the Board
APPROVED AS TO FOR
(7*s
Byron Ilnwcli,
Weld County;lssiscint Attorney
Pagc2ofl
[ Utility Easement
Permanent Easement
❑ Slope Easement
Xl Temporary Easement(s)
"ayable to: Daniel B Bradford and C arkcore A Our..
Payable to:
50293$9 Pages: 3 of 6
05/14/2025 03:45 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 l���14N�',llr �.I�MtI�+'�'k�'�iM•�4+��•4'+ � M.I Milk 11 III
By. '1 4C #lL
Board nF County Comm issionets,
jWeld County, Colorado
Perry 1! uck, Chair
MAY 1 4 2025
WELD/CDOT Form tt184 — 04/2024
20Z5 -13Z8
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
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.
5029389 Pages: 4 of 6
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111PCIFAtIlloi CIki'F oxiNlair atiF'tAM 11111
Page 3 of 3 WELD/CDOT Form #784 — 04/2024
EXHIBIT -A
PROPERTY DESCRIPTION
Two PARCELS OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 66
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF
LOT -A OF RECORDED EXEMPTION NO. 0707-33-2 RE -318. FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION N0. 1751679, DATED APRIL 27, 1978, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMFNCING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN
AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH
88'50'10" EAST, A DISTANCE OF 2659.66 FEET, TO THE NORTH ONE -QUARTER CORNER OF SECTION 33, TOWNSHIP 7
NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
TCE-A
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 88'50'10" EAST, A DISTANCE OF 426.96
FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 01'09'50" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 76, DESCRIBED IN ROAD VIEWERS REPORT FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 38971, DATED JANUARY 27, 1891, AND BEING THE TRUE
POINT QE_EGINNING,
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 88'50'10" EAST, A DISTANCE OF 35.00 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 01'09'50" EAST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 88'50'10" WEST, A DISTANCE OF 35.00 FEET;
THENCE NORTH 01'09'50' WEST, A DISTANCE CF 25.00 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 875 sf. OR 0.020 ac. MORE OR LESS.
jcE—B
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 88'50'10" EAST, A DISTANCE OF 627.11
FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 01'09'50' EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY TINE OF COUNTY ROAD 76, DESCRIBED IN ROAD VIEWERS REPORT FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 38971, DATED JANUARY 27, 1891, AND BEING THE TRUE
e01NT OF BE(dNHINQ,
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 01'09'50" EAST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 88'50'10" WEST, A DISTANCE OF 35.00 FEET;
THENCE NORTH 01'09'50" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 88'50'10" EAST, A DISTANCE OF 35.00 FEET; TO THE TRUE
EQIN T OF BEGINNING,
SAID PARCEL CONTAINS 875 sf. OR 0.020 ac. MORE OR LESS.
TOTAL COMBINED AREA Jag& TCE.B CONTAINS 1,750 sf. OR 0.010 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
BRADFORD & DUNIHOO
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 29 to 31 PROJECT
PROJECT N0: SFT-l4 I SCALE:
DATE: 10-22.241DRAWN BY:DRII,SHEET: l aF2
5029389 Pages: 5 of 6
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Carly Koppes, Clerk and Recorder, Weld County , CO
���� !PAM Ar,itFANO11111
EXHIBIT -A
(
I
JACOB W. HIRSCH II; ','& .
At
LOT -A, RE -60 S /114
RfCP./1816298, 6-26-1973
S.
' I (
TCE-A LINE TABLE
TCE-B LINE TABLE
cO,
I
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
L1
N88'50'10"E
426.96'
L7
N88'50'10"E
627.11'
(
L2
SO1'09'50"E
30.00'
L8
S01'09'50"E
30.00'
I
L3
N88.50'1 0"E
35.00'
L9
SO1'09'50"E
25.00'
I 1
L4
SO1'09'50"E
25.00'
L10
S88'50'10'W
35.00'
' i
S88'50'10"W
35.00'
L11
NOt'09'50"W
25.00'
1L5
PO.C.
L6
N01.09'50"W
25.00'
L12
N88'50'10"E
35.00'
N -i/4 CORNER
I
:
1
_ .�_.._.._...�
-
WC1�- e■
�..�..
1
,
I
;
I I
I
1
1
fri"---Tc=g;
I 1
I
1 iI
I CC
I
I
I i
1
( N.W CORNER S33-T7N-R66W
I ; S33-T7N-R66W FOUND 3 1/4"
I 1 FOUND 3 1/4" EXISTING 60' RIGHT-OF-WAY ALUMINUM CAP
ALUMINUM CAP REC#38971, IAN. 27, 1891 PLS-7242
' PLS-28285, 2001 BK.48, PG.341
- __,,... :.,_._..__ �7--------._�.. eASis'oF eeARir+c ..._..
^ _ � . _._. N88'5'010 EE 2659.66
L2 L3 Lt '--L8__. 1.._..-._-------212_..�......—
L4 L11 �"► 9 TCE-B
P O.B. L1 P.O.B.
l TCE-A
, TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
1 875 sf. OR 0.020 ac.t TCE—B
—r----.-..,„ TEMPORARY CONSTRUCTION
I`- _ -_�� EASEMENT ACQUIRED
; ---_,_ 875 sf. OR 0.020 aat
TOTAL COMBINED AREA
TCE-A & TCE-B DANIEL B. BRADFORD &
1,750 sf. OR 0.040 ac.f
CATHERINE A. DUNIHOO
RIGHT-OF-WAYPARC.#070733000029
ocT, a4, 1a9a RECP.#4883766, 2-27-2023
BK.48, PG.252 LOT -A, RE -318
I RECP.#1751,679, 4-27-1978
ao c
I ROTHARMEL , ,•
LOT -6. RE -2560
+�`�' RECP.0737161. 12-07-1999 •� V
I T 1 • ,,> ,r�;,
J'
I 47/Mt LikcAC��
I
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
1
-
G Q_U T Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 29 to 31 PROJECT
BRADFORD & DUNIHOO
WELD COUNTY, COLORADO
PROJECT N0: SFT-14 SCALE: 1"=1011
DATE: f (1-22-24DRAWN 6Y: DRHISHEET: 2 of 2
N
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Carly Koppes, Clerk and Recorder, Weld County , CO
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), executed this tgtqay of M , 202.5_is
made between Daniel B. Bradford and Catherine A. Dunihoo, (referred to hereas "Owner",
whether one or more), whose legal address is 14082 County Road 76 Eaton, CO, 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:
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 County
a Temporary Constniction 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.
can aen+ RTnd.rK-
5/I4 f25
7A25- 13Z8
Ec-100X3
STATE OF COLORADO )
Catherine A. Dunihoo
SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 3o day of Apr; 1
by Daniel R. Bradford and Catherine A. Dunihoo.
Witness my hand and official seal.
Not
MOSES J MONTEJANO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY iD 20104039110
MY COMMISSION EXPIRES SEPT. 6, 2026
, 2025,
EXHIBIT -A
PROPERTY DESCRIPTION
TWO PARCELS OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 66
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF
LOT -A OF RECORDED EXEMPTION NO. O7O7-33-2 RE -318, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 1751679, DATED APRIL 27, 1978, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
rf1MMENCING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN
AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING NORTH
88'5O'1O" EAST, A DISTANCE OF 2659.66 FEET, TO THE NORTH ONE -QUARTER CORNER OF SECTION 33, TOWNSHIP 7
NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
TCE-A
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 88'5O'1O" EAST, A DISTANCE OF 426.96
FEET;
THENCE DEPARTING SAID NORTH UNE, SOUTH O1'O9'5O" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 76, DESCRIBED IN ROAD VIEWERS REPORT FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 38971, DATED JANUARY 27, 1891, AND BEING THE TRUE
POINT QE_9ESSINNINSi,
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 88'5O'1O" EAST, A DISTANCE OF 35.00 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH O1'O9'5O" EAST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 88'5O'1O" WEST, A DISTANCE OF 35.00 FEET;
THENCE NORTH O1'O9'5O" WEST, A DISTANCE OF 25.00 FEET. TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 875 sf. OR 0.020 ac. MORE OR LESS.
TCE-B
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 88'5O'1O" EAST, A DISTANCE OF 627.11
FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH O1'O9'5O" EAST, A DISTANCE OF 30.00 FEET. TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 76, DESCRIBED IN ROAD VIEWERS REPORT FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 38971, DATED JANUARY 27, 1891, AND BEING THE TRUE
POINT 4F_9ES;INNINS,
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH O1'O9'5O" EAST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 88'5O'1O" WEST, A DISTANCE OF 35.00 FEET;
THENCE NORTH O1'O9'5O" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 88'5O'1O" EAST, A DISTANCE OF 35.00 FEET; TO THE TRUE
POINT Q._J ELINNING.
SAID PARCEL CONTAINS 875 sf. OR 0.020 ac. MORE OR LESS.
TOTAL COMBINED AREA TCE-A 8 TCE. CONTAINS 1,750 sf. OR 0.040 ae. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL . HOLMES
PLS 382R13
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
BRADFORD & DUNIHOO
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
EXHIBIT -A
1
RECP./1816298RE6 L-1973
4
TCE-A LINE TABLE
TCE-B LINE TABLE
LINE
BEARING
DISTANCE
_
LINE
BEARING
DISTANCE
L1
N88'5O'1,O"E
426.96'
L7
N88'5O'1O"E
627.11'
L2
S01'09'50"E
30.00'
L8
SOt'O9'5O'E
30.00'
I
L3
N88'5O'1O"E
35.00'
L9
SO1'O9'5O"E
25.00'
I
L4
SOl'O9'5O"E
25.00'
L1O
S88'5O'1O"W
35.00'
j
L5
S88'5O'1O"W
35.00'
L11
NO1'O9'5O"W
25.00'
t
P.o.C.
L6
"--
NO1'O9'5O"W
25.00'
L12
N88'5O'1O"E
35.00'
N-1/4 CORNER
NW CORNER S33-T7N-R86W
I S33-T7N-R66W FOUND 3 1/4"
1 FOUND 3 1/4" ,---EXISTING 60' RIGHT-OF-WAY ALUMINUM CAP
i ALUMINUM CAP J REC#38971, JAN. 27, 1891 PLS-7242
I , PLS-28285, 2001 / BK.48, PG.341-
�_. �_ __J --------- 1. -••----- L-5--•--•---- - BASIS OF BEARING
-LT _ _ L.2— L3 L1 —i 8 N88'5Q`10 2659.66 — —
-•-••---•------r! — - —
-- F.'-• - - TCE-A --6 L4 L11 LTGE-B
I �o.e 5 Lid g P.O8
I ( TCE—A,
. TEMPORARY CONSTRUCTION..
I
1
I CZ
«
I
I !
1
{
tA,tMtNI ACQUIRED , 875 sf. OR 0.020 ac..t TCE—Q
� TEMPORARY CONSTRUCTION
I I EASEMENT ACQUIRED
! _- 7.°875 sf. OR 0.020 ac.t
iTOTAL COMBINED AREA
I TCE-A & TCE-B DANIEL B. BRADFORD &
1,750 sf. OR 0.040 ac.t
i • CATHERINE A. DUNIHOO
(i-7 STING 60' RIGHT-OF-WAY PARC.#070733000029
1.-1-70n:::
•^ REC 1115165, OCT. 04, 1894 RECP.#4883766, 2-27-2023
1 ( BK.48, PG.252 LOT —A, RE -318
RECP.#1751679, 4-27-1978
' I
I ti ROTHARMEL '- S+
'4 LOT -B. RE -2580 .'.a .r •,
I ; AMP W7371617 12-07-1999 j"yw
Y•
•
( �. /eG a uT'
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 CONSTRICTION
EASEMENT ACQUISITION
1R6��-
•,•,_, ti;
�r
w -�'�
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 29 to 31 PROJECT
BRADFORD & DUNIHOO
W F LD COl INTY, COLORADO
-
PROJECT N0: SF"t-14 SCALE: 1"=600
-DATE I0-22-24 DRAWN BY: DM SHEET: 2 of 2
.
EXHIBIT F
Weld County
FAIR MARKET VALUE
Project Code:
Project No.: SFT-14
WAIVER VALUATION
Parcel No.: 070733000029
Owner Name: Daniel Bradford and Catherine
Dunihoo
Location: WCR 76 FROM WCR 29 TO WCR 31
County: Weld
Brief description of subject and taking: The subject property is a parcel equaling 169,013 square feet single family
residential property. The takings are two temporary easements TCE-A 875 square feet, TCE-B 875 square feet.
Land/Site Value Part Taken
Parcel or Easement # (except TE)
Area SF or AC
$/Unit
Easement Burden %
$
Total Land
Improvements ValuePart 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-A
Temporary Construction
Easement
875 SF
$2.66
20%
$ 465.50
TCE-B
Temporary Construction
Easement
875 SF
$2.66
20%
$ 465.50
Damages (Cost to Cure). Describe and quantify:
S
+Total Temporary Easements and Damages (Cost to Cure)
+ $ 931.QQ
= Total Compensation Estimate
= $ 931.00
(min)
Has the owner or designated representative accompanied the County's representative during inspection of the property?
® Yes Date 2/3/25
❑ No Describe efforts made:
cc: Project Development Branch — Right of Way Program - original
Region ROW
Previous editions are obsolete and may not be used
COOT Forth #919
Version 2016-12
EXHIBIT F
Date:2/27/25
Signed (Waiver Valuation Preparer):
The dollar amount above is approved as Just Compensation b
(Weld County Project Lead) Y�/� :. ,it .
J
Basis of Valuation
cc: Project Development Branch — Right of Way Program - original
Region ROW
Previous editions are obsolete and may not be used
Date: 'LIZ" IZ5,
CDOT Form #919
Version 2016-12
EXHIBIT F
The unit price was derived from the analyses of comparable vacant land sales. For purposes of this valuation, two
sales in proximity to the subject were examined within the range of $2.03/SF to $3.29/SF. The average of the two
below comparable sales is roughly $2.66/SF which will be the basis of this valuation.
32416 Sunshine Ln, Greeley, CO sold July 2024 2.55 acres of vacant land sold
for $225,000 = $2.03/SF.
37049 Soaring Eagle Cir, Severance, CO sold July 2023 2.55 acres of vacant land
sold for $365,000 = $3.29/SF.
pits - -
�'-
}. tfte
cc: Project Development Branch — Right of Way Program - original COOT Form #919
Region ROW Version 2016-12
Previous editions are obsolete and may not be used
Contract Form
Entity Information
Entity Name*
BRADFORD, DANIEL
Contract Name
TCE FOR WCR76 PAVING PROJECT
Contract Status
CTB REVIEW
Entity ID*
@00049825
O New Entity?
Contract ID
9429
Contract Lead*
MBEDELL
Contract Lead Email
MBedell@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
SFT-14
Contract Description*
A TEMPORARY CONSTRUCTION EASEMENT (TCE) REQUIRED FOR IMPROVEMENTS TO WCR76 BETWEEN WCR29
AND WCR31 .
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$931.00
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* 05/10/2025
05/14/2025
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
Review Date*
12/31/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
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
05/12/2025 05/12/2025 05/12/2025
Final Approval
BOCC Approved Tyler Ref #
AG 051425
BOCC Signed Date Originator
MBEDELL
BOCC Agenda Date
05/14/2025
Hello