HomeMy WebLinkAbout20250276.tiffResolution
Approve Memorandum of Agreement for Certain Roadway Improvements on
County Road 72 between County Roads 33 and 35, and authorize Chair to sign —
Oren and Judy Nero
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 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 Oren
and Judy Nero, 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 Oren and Judy Nero, 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 27th day of January, 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
5007824 Pages: 1 of 8
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Carly KOPPes, Clerk and Recorder, Weld County , CO
111 MAR t:IlAgiiIMMJA1 11111
cc :PW(c+qrnwIt-t6/s8)
f/�7/�rj 2025-0276
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EG0083
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Memorandum of Agreement (MOA) to Purchase Easements
(Oren and Judy Nero)
DEPARTMENT: Public Works
PERSON REQUESTING: Michael Bedell / Don Dunker / Curtis Hall
DATE: 1/08/25
Brief description of the problem/issue:
Weld County has designed roadway improvements for WGR72 between WCR33 and WCR35. The
improvements include earthwork and drainage ditches. The construction of these improvements will require a
P
Temporary Construction Easement (TCE) on land adjacent to the south side of WCR72 . ri ht-of-wa
g Y
The TCE area has been determined to be 0.111 acres and has an estimated value of $410.72. The
Memorandum of Agreement (MOA) proposes to acquire the easement for the minimum offer amount of
$500.00. Oren and Judy Nero 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 B000 Agenda and approved for signature, the project
timeline may be lengthened.
9
Impacts: This easement acquisition directly impacts the project timeline. The construction is current!
scheduled to be advertised for construction bids in April 2025 so y p 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 e
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
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppler
Kevin D. Ross
"1" -Se
2025-0276
k/Li cGDD3
WELD COUNTY
MEMORANDUM OF
AGREEMENT
Project Code: I Parcel No: 080511000004
Project No: SFT-14
Location: WCR 72 FROM WCR 33 ro WCR 35
County: Weld I State Highway No:
This Memorandum of Agreement ("Agreement") made on ,lain ,f'yu Z742(25 is between Weld County
(GRANTEE) for the purchase of the parcel(s) listed above from the J
Owner(s) Oren C. Nero and Judy M. Nero (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.ftO/acresO
$
Permanent and Slope Easements
Sq.ft❑/acresD
$
Temporary Easements (t CE -A, TCE-B, & TCE-C)
4,832 Sq.ft®/acresO
$ 410.72
Improvements:
$
Damages:
$
Gross Total
Less Credit
Net Total
$410.72
$
$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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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 boa this
0 GRANTOR conveys the underlying mineral
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 idler 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,
Unifunn Relocation Assislannc and Rout
the GRANTOR may convey the underlying mineral estate owned by
Hakes no representations about the nature, title or value of the mineral
conveys the underlying mineral estate to GRANTEE, Paragraphs R and 9,
Memorandum of Agreement and the conveyance document.
estate to GRANTEE. Paragraphs R 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 tertns under this agreement, and release of
unless other atraagcmet ttg are outdo dust i011ow Title III of the
Progny Acquisition Art of 19:21,1as amended and
51 Will prepare the following documents:
❑ General Warranty Deed 0 Utility Easement
❑ Access Deed 0 Permanent Easement
❑ Full Release(s) Book/Page: O Slope Easement
❑ Partial Release(s) Book/Page: ® Temporary Easements)
Order Warrant $ 500.00
Payable to: Oren C. Nero sad July M. Nero
Order Warrant $
Payable to:
GRANTOR: Oren C. Nero
By: 1,1 mau r
GRANTOR: Judy M. Nero
By: n.-1-'1,-..
...Er..+
ATTEST: WF .D COUNTY CLERK TO THE
BOARD W !ice- _ Jr
BY: ak
BOARD OF COUNTY MMISSIONERS WELD
COUNTY. COLORADO
BY: , ._"A JAN,2 7 I
Deputy Clerk to the Board
Petty L. Buck. Chair
APPROVED AS TO FORM:
County Alto r •
a
Real Estate Speciali
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Carly Koppes, Clerk and Recorder, Weld County CO
1111 riVI14It
Page 2oil
W L'LD/CD0T Fenn in. -0.2024
4045-062%
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 maybe 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 Its 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 patties in connection with this Agreement, the parties agree that each patty
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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
Bill
Page 3 of 3 WELD/CDOT Fonn #784 — 04/2024
- - - -
•
_ _
C ARl.S( )1
LOt-U. i iCX) 2 -41 W
R£C439143d8. 3-14-2013
EXISTING 60
RIGHT-OF-WAY
RECS2SS61
APRIL 23, 1888
- -
MIS OM
- a S -
_
7
[CE— A_
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
2,132 sf.
OR 0.049 ac.±
TOTAL COMBINED AREA
TCE-A, TCE-B & TCE-C
4,382 sf. OR 0.111 ac.±
.IU LANIx'f ►. !LC
WI -8, RE -28C
RW4 173733$. 11-30-1477
CARLSON . A.
wre
A 3- T1 1 —
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TICE-a-1 ,
EMPQR
CONSTRtICTON.
EASEMENT
ACQUIRED
1,950 sf. OR
0.045 oc.±
ORENC. &
JUDY M. NERD
PARC. #080S11000004
RECP.# 2382779
4-08-1994
r
i
-
I
TCE-C
TEMPORARY
CONSTRUCTION
EASEMENT ACQ
750 sf.
OR 0.017 oc.±
x
C,"
iRED
I�
r
•
1.
5007824 Pages: 5 of 8
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Carly Koppes, Clerk and Recorder. Weld County CO
III Rl�11�YF.�i�ihlH IAII'M �I�P�1}N�GNh�GY��Y�u�W�r}� III III
EXHIBIT -A
PROPERTY DESCRIPTION
THREE PARCELS OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 11, TOWNSHIP 6
NORTH, RANGE 66 UNTY OF WELD. STATE OF COLORADO,
SAID PARCELS BEING EATP PORTION OF WARRANTY OF THE SIXTH ADEEDL RFIILED�INOTHE WELD COUNTY CLERK AND RECORDERS
OFFICE UNDER RECEPTION NO. 2382779, DATED APRIL 08, 1994 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TCE-A. TCE-B AND TCE-C COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 11,
TOWNSHIP 6 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 SOUTH 89'10'52" WEST, A DISTANCE OF
2685.26 FEET, TO THE NORTHWEST CORNER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO
DESCRIBED AS SHOWN;
TCE-A
THENCE SOUTH 86'52'30" WEST, A DISTANCE OF 745.57 FEET, TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY UNE 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
CENTER OF THE SOUTHARD LATERAL, AND ALSO BEING THE TRUE POINT OF BEGINNING,
THENCE DEPARTING SAID SOUTHARD LATERAL AND ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'10'52"
EAST, A DISTANCE OF 102.98 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 00'49'08" EAST, A DISTANCE OF 40.00 FEET;
THENCE SOUTH 89'10'52" WEST, A DISTANCE OF 10.14 FEET, TO THE CENTER OF THE SOUTHARD LATURAL;
THENCE ALONG SAID THE CENTER OF THE SOUTHARD LATERAL THE FOLLOWING FOUR COURSES;
THENCE NORTH 59'13'34" WEST, A DISTANCE OF 11.95 FEET;
THENCE NORTH 67'06'45" WEST, A DISTANCE OF 30.72 FEET;
THENCE NORTH 69'03'37" WEST, A DISTANCE OF 41.81 FEET;
THENCE NORTH 70'15'25" WEST, A DISTANCE OF 16.77 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,132 sf. OR 0.049 ac. MORE OR LESS.
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
NERO
WELD COUNTY, COLORADO
5007824 Pages: 6 of 8
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Carly Koppes, Clerk and Recorder, Weld County CO
1111 WM 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SFT-I4
SCALE:
DATE: IO-I$-241DRAWN 0Y.•DRII SHEET: 1 of
EXHIBIT -A
PROPERTY DESCRIPTION
TCE-B
THENCE SOUTH 82'54'22" WEST, A DISTANCE OF 274.48 FEET, TO A POINT ON THE SOUTHERLY
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 RIGHT-OF-WAY LINE, SOUTH OO'49'O8" EAST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 89'10'52" WEST, A DISTANCE OF 65.00 FEET;
THENCE NORTH 00'49'08" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'10'52" EAST, A DISTANCE OF 65.00 FEET, TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,950 sf. OR 0.045 oc. MORE OR LESS.
TCE-C
THENCE ALONG THE EAST UNE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 11, SOUTH 00'10'08"
EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTHERLY 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 RIGHT-OF-WAY LINE AND ALONG SAID EAST LINE, SOUTH 00'10'08" EAST, A
DISTANCE OF 25.00 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89'10'52" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 00'10'08" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY UNE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'10'52" EAST, A DISTANCE OF 30.00 FEET, TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 750 sf. OR 0.017 cc. MORE OR LESS.
TOTAL COMBINED AREA TCE-A, TCE-B & TCE-C CONTAINS 4,832 sf. OR 0.111 as. 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
NERO
WELD COUNTY, COLORADO
5007824 Pages: 7 of 8
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I �.�lGY�M I��� h��l�l fri��tK4C IJ� Y4 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SFT-14 I SCALE:
DATE:IO.18-241DRAWN BY: DEFIISHEET: 2 oF3
EXHIBIT -A
o
di
CARLSON ��iiIk�•,
��r-e, REex1s= 5'11 .!" 4:04-1p4
`14
REC 3916a6G, 3 -td -2013 11 ,.
/1/ r
LINE TABLE TCE-B
LINE TABLE TCE-C
c" '4,15 -`(
�/O.....l.,
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
L9
S82'54'22"W
274.48
L14
00010'08"E
30.00'
L10
000'49'08"E
30.00'
L15
10010'08"E
25.00'
c
Li 1
08910'52"W
65.00'
L16
S8910'52"W
30.00'
CARLSON O
L12
NO0'49'08"W
30,00'
L17
800'10'08"W
25.00'
c3 -a Reach--olaa
L13
889'10'52"E
65.0.0'
L18
089'10'52"E 30.00'
RECp3416a66, 3 -id -2013
P.O.C.
NW CORNER 61/4 CORNER !
S11-T6N-R66W S11-115N-R66W
FOUND 3.25" EXISTING 60' FOUND 3.25"
ALUMINUM CAP IN RIGHT-OF-WAY •oC ALUMINUM CAP
MONUMENT BOX REC#28561 LS -22098, 1393
LS-28258, 2008 APRIL 23, 1888
TOE -B - - - -
T C;E-A-P.O.B,
al
c>a.,
a
U
>
TCE-0
P.0.8.
_ - - - -
L1
BASIS OF BEARING PO.B. WCR 72
____iL
089'10'52"W 2685.26'_ - - 9-18
L14
M - _ - - -
LS L3 L12 Liu 11
& L4 0 L11 TCE-C l 6
TEMPORARY
0�0 b4 TCE-A TCE-B CQNSTRUCTIO
`CONSTRUCTIONCONSTRUCTION EASEMENT AC
EASEMENT ACQUIRED EASEMENT 750 sf. I
‘�f 2,132 sf. ACQUIRED OR 0.017 ac,Uf
OR 0.049 ac.± 1,950 sf. OR 2ZYACCESSEASEMEN7
0,0455 oo.i
L15
UIRED
LINE TABLE TEE -A
RECIIIa9Ga2.1-16.111^
V
._ .
LINE
BEARING
DISTANCE
Ll
S86`52'30"W
745.57'
OREN C. & ac
L2
N89'10'52"E
102.98'
L3
SO0'49'08"E
40.00'
JUDY M. NE.RO
L4
08910'52"W
10.14'
PARC.#080511000004
L5
N59'13'34"W
11.95'
RECP.# 2382779
L6
467'06'45"W
30.72'
4-08-1994
L7
N69'03'37"W
41.81'
L8
970'15'25"W
16.77'
JD LANDCO, LLC TOTAL COMBINED AREA
Koji la3�a3e, 1lr-a,s 1--assa -1s77 TCE-A, "-TCE-B & TCE-C
4,382 sf. OR 0.111 ac, E
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
�".$�� �"'
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 t0 35 PROJECT
O U
T
NERO
WELD COUNTY, COLORADO
PROJECT NO: SFT-l4 SCALE: I"=200
DATE :I0-I8-24DRAWN BY:DEF1SHEET; 3 of 3
5007824 Pages: 8 of 8
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Carly Koppes, Clerk and Recorder, Weld County , CO
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), executed this ��j day of -506 (4011 , 20,j is
made between Oren C. Nero and Judy M. Nero, (referred to herein as "Owner", whether one or
more), whose legal address is 16504 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:
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 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 in 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 ofttigress, 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.
consenl-'No'a'
vz7izs
EC -10&3
OWNER: OWNER:
Oren C. Nero
STATE OF COLORADO
ss.
COUNTY OF WELD
Jud N��o
The foregoing instrument was acknowledged before me this 4 day of +,-GY1dely , 2O25
byaem4,StdyNC/o.
Witness my hand and official seal.
Ane.t.e4.
Notary Public
AMANDA LYNN HOOPS
Notary Public
State of Colorado
Notary ID 1 202440 1 5435
My Commission Expires 04-19-2028
a w
CAK1..SON
10T-8, CX 12--0 f 09
R£C/3916466, 3-14-2013
EXISTING 60'
RIGHT-OF-WAY
REC428561
APRIL 23, 1888
a
ICE -
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
2,132 sf.
OR 0.0 49 ac.±
±
TOTAL COMBINED AREA
TCE-A, TCE-B & TCE-C
4,382 sf. OR 0.111 ac.±
LU
TCE-671
TEMPORA
CONST NIqr
EASEMENT
ACQUIRED'.
1,950 sf. OR
0.045 ac.±
OREN C. &
JUDY M. NERO
PARC. #080511000004
RECP.# 2382779
4-08-1994
lb 4P"
4
•
T6N-R66W--\\
141
TCE--C
TEMPORARY
.CONSTRUCT ON
EASEMENT ACQ ! IRED
750 sf. A.
OR 0.017 ac.±
z
z
C
J
ce
w
St)
ak)rs"14---- fuss
r
EXHIBIT -A
PROPERTY DESCRIPTION
THREE PARCELS OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 11, TOWNSHIP 6
NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
SAID PARCELS BEING A PORTION OF WARRANTY DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS
OFFICE UNDER RECEPTION NO, 2382779, DATED APRIL 08, 1994 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TCE-A. TCE-B AND TCE-C COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 11,
TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE
NORTH UNE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 89'10'52" WEST, A DISTANCE OF
2685.26 FEET, TO THE NORTHWEST CORNER OF SECTION II, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO
DESCRIBED AS SHOWN;
TCE A
THENCE SOUTH 86'52'30" WEST, A DISTANCE OF 745.57 FEET, TO A POINT ON THE SOUTHERLY
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
CENTER OF THE SOUTHARD LATERAL, AND ALSO BEING THE TRUE POINT OF BEGINNING,
THENCE DEPARTING SAID SOUTHARD LATERAL AND ALONG SAID RIGHT-OF-WAY UNE, NORTH 89'10'52"
EAST, A DISTANCE OF 102.98 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 00'49'08" EAST, A DISTANCE OF 40.00 FEET;
THENCE SOUTH 89'10'52" WEST, A DISTANCE OF 10.14 FEET, TO THE CENTER OF THE SOUTHARD LATURAL;
THENCE ALONG SAID THE CENTER OF THE SOUTHARD LATERAL THE FOLLOWING FOUR COURSES;
THENCE NORTH 59'13'34" WEST, A DISTANCE OF 11.95 FEET;
THENCE NORTH 67'06'45" WEST, A DISTANCE OF 30.72 FEET;
THENCE NORTH 69'03'37" WEST, A DISTANCE OF 41.81 FEET;
THENCE NORTH 70'15'25" WEST, A DISTANCE OF 16.77 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,132 sf. OR 0.049 cc. MORE OR LESS.
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
NERO
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SFT-I4
SCALE:
DATE: IO-I8-24 DRAWN BY: DRHISHEET: 1 013
EXHIBIT -A
PROPERTY DESCRIPTION
TCE-B
THENCE SOUTH 82'54'22" WEST, A DISTANCE OF 274.48 FEET, TO A POINT ON THE SOUTHERLY
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 RIGHT-OF-WAY LINE, SOUTH 00'49'08" EAST, A DISTANCE OF 30,00 FEET;
THENCE SOUTH 89'10'52" WEST, A DISTANCE OF 65.00 FEET;
THENCE NORTH 00'49'08" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'10'52" EAST, A DISTANCE OF 65.00 FEET, TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,950 sf. OR 0.045 cc. MORE OR LESS.
TCE-C
THENCE ALONG THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 11, SOUTH 00'10'08"
EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTHERLY 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 RIGHT-OF-WAY LINE AND ALONG SAID EAST LINE, SOUTH 00'10'08" EAST, A
DISTANCE OF 25.00 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89'10'52" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 00'10'08" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'10'52" EAST, A DISTANCE OF 30.00 FEET, TO THE
TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 750 sf. OR 0.017 cc. MORE OR LESS.
TOTAL COMBINED AREA TCE-A, TCE-B & TCE-C CONTAINS 4,832 of. OR 0.111 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
NERO
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72.33 to 35 PROJECT
PROJECT NO: SFT-14 I SCALE:
DATE: I0-I8-24IDRAWN BY: DRFIJSHEET: 2 of 3
EXHIBIT -A
CARLSON
LAT-B. RECXIT-0109
REcil39/6968, 3-14-2013
LINE TABLE TCE-B
LINE
L9
L10
BEARING
DISTANCE
S62'54'22"W
SOO'49'08"E
S89'1O'52"W
N00'49'08"W
N89'10'52"E
274.48'
30.00'
65.00'
30.00'
65.00'
L11
L12
L13
LINE TABLE TCE-C
LINE
L14
BEARING
DISTANCE
SOO'1O'O8"E
SOO'10'08"E
S89'10'52"W
NO0'10'O8"W
N89'1O'52"E
30.00'
25.00'
30.00'
25.00'
30.00'
L15
L16
L17
L18
(1 BASIS OF BEARING
_ _ Y S89'1 o'52"W
NW CORNER
S11-T6N-R66W
FOUND 3.25" EXISTING 60'
ALUMINUM CAP IN RIGHT -OP -WAY
MONUMENT BOX REC#28561
LS -28258 2008 _ - [APRIL 23, 1888
TCE,q
iiiP.O.6.
66#
S�
ilk 641
car
,161.1
NA!'LAND
"..
/
CARLSON
wt—�, tcxis—oioa
REC�C1916986, 3-14-2013
- -WC-k- 72
L3 — L12
6' L4
TCE—A
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
2,132 sf.
OR 0.049 ac.±
LINE TABLE TCE-A
LINE
L1
L2
BEARING
DISTANCE
S86'52'30"W
089'10'52"E
SO0'49'08"E
08910'52"W
N59'13'34"W
N67.O6'45"W
N69'03'37"W
N70'15'25'W
745.57'
102.98'
40.00'
10.14'
11.95'
30.72'
41.81'
16.77'
L3
L4
L5
L6
L7
L8
P.O.C.
91/4 CORNER
S11-TEN-R66W
FOUND 3.25"
ALUMINUM CAP
LS -22098, 199
L1
TEE -B
TEMPORARY
CONSTRUCTION
EASEMENT
ACQUIRED
1,950 sf. OR
0.045 ac.±
OREN C. &
JUDY M. NERO
PARC.#080511000004
RECP.# 2382779
4-08-1994
JD LANDCO, LLC
!AT -9, RE-�9
REc,1737338. RIT-1977
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.
L
9
VIC LEFFLER & SONS. INC.
TCE�C
P.O.B.
1 1
1
4
L15
TCE-C 6
TEMPORARY
C0NSTRUCTIO
EASEMENT AC SIRED
750 sf.
OR 0.017 ac.
2O ACCESS EASEME
RECM289692.1.18.1919 �L
�pt
TOTAL COMBINED AREA
TCE-A, TCE-B & TCE-C
4,382 sf. OR 0.111 ac. f
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
NERO
WELD COUNTY, COLORADO
1861a
GQUNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SFT-14
SCALE: 1 "=200
DATE:1O-18-241DRAWN BY: DUI E SHEET: 3 613
EXHIBIT F
Weld County
FAIR MARKET VALUE
Project Code:
Project No.: SFT-14
WAIVER VALUATION
Parcel No.: 0805022400004
Owner Name: Oren and Judy Nero
Location:
County: Weld
Brief description of subject and taking: The subject property is a 174240 square foot agricultural land property. The
takings are three temporary easements TCE-A 2,132 square feet, TCE-B 1,950 square feet, TCE-C 750 square feet Total
Combined Area TCE-A,TCE-B,TCE-C equaling 4,382 square feet.
Land/Site Value Part Taken
Parcel or Easement # (except TE)
Area SF or AC
$/Unit
Easement Burden %
S
S
Total Land
S
Improvements Value Part Taken:
Describe Below
Contributory Value: Per Unit Basis or Lump Sum Basis
+ Total Improvements
+ S
TE
Purpose
Area SF or AC
S/Unit
x % rate of return x duration
TCE-A
Temporary Construction
Easement
2,132 SF
$0.85
10%
$ 181.22
TCE-B
Temporary Construction
Easement
1,950 SF
$0.85
10%
$ 165.75
TCE-C
Temporary Construction
Easement
750 SF
$0.85
10%
$ 63.75
Damages (Cost to Cure). Describe and quantify:
+Total Temporary Easements and Damages (Cost to Cure)
+ $ 410.72
= Total Compensation Estimate
= $500.00 (min)
Has the owner or designated representative accompanied the iewrrharepresentative during inspection of the property?
® Yes Date 10-28-24 MfELI9 C UP,V t
❑ No Describe efforts made:
Signed (Waiver Valuation Preparer):
kanirw,-
Date:11-19-24
cc, Project Development Branch — Right of Way Program - original
Region ROW
Previous editions are obsolete and may not be used
CDOT Form 0919
Version 2010-12
EXHIBIT F
The dollar amount above is approved as Just Compensation by: (Weld County Project Lead) Cti,�r(� xC,• I Date: %% (ID ( t I
cc, Project Development Branch — Right of Way Program - original
Region ROW
Previous editions are obsolete and may not be used
CDOT Force #1919
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
sates in proximity to the subject were examined within the range of $0.45/SF to $1.10/SF. The average of the three
below comparable sales is roughly $0.85/SF which will be the basis of this valuation.
I CR 102 Ault, CO sold November 2024 5 acres of vacant agriculture land sold
for $95,000 = $0.45/SF.
0 CR 36 Platteville, CO sold August 2024
for $220,000 = $1.01/SF.
000 CR 48 La Salle, CO sold May 2024
for $225,000 = $1.10/SF.
cc: Project Development Branch — Right of Way Program - original
Region ROW
5 acres of vacant agriculture land sold
4.71 acres of vacant agriculture land sold
Previous editions are obsolete and may not be used
COOT Form #919
Version 2016-12
Entity Information
Entity Name *
NERO, OREN
Entity ID*
@00049440
Contract Name*
WCR72 BETWEEN 33 AND 35 TEMPORARY
CONSTRUCTION EASEMENTS
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9033
Contract Lead *
MBEDELL
Contract Lead Email
MBedell@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
SFT-14
Contract Description *
THREE TEMPORARY CONSTRUCTION EASEMENTS REQUIRED TO MAKE DRAINAGE AND PAVING IMPROVEMENTS TO
WCR72 BETWEEN 33 AND 35.
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* 01 /23/2025
01/27/2025
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
01/17/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01/27/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
01/22/2025 01/23/2025
Tyler Ref #
AG 012725
Originator
MBEDELL
Hello