HomeMy WebLinkAbout20250994.tiffResolution
Approve Memorandum of Agreement to Purchase Property Interest for County
Road 66 Corridor Project (RW-32 and RW-35) and Authorize Chair to Sign —
Hungenberg KHL Farms, LLLP
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 to Purchase
Property Interest for the County Road 66 Corridor Project (RW-32 and RW-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
Hungenberg KHL Farms, LLLP, 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 to Purchase Property Interest for the
County Road 66 Corridor Project (RW-32 and RW-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 Hungenberg KHL Farms, LLLP, 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 April, 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
5022861 Pages: 1 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VhAlLLTPI'Allyh II III
ce : fic.4(c it.w/DD/CK/S8) 2025-0994
04/1s/25 EG0083
Conivac+ Of g5ZS
MEMORANDUM
TO: Esther Gesick, CTB DATE: April 4, 2025
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Memorandum of Agreement to Purchase Property
Interest from Hungenberg KHL Farms on the WCR 66 Corridor
Project
Please place the attached Memorandum of Agreement to Purchase Property Interest (MOA) on the BOCC
agenda. The agreement is for acquisition of ROW for the WCR 66 Corridor Project. The acquisition involves
the purchase of ROW from Hungenberg KHL Farms. The OnBase Contract ID for this acquisition is 9325.
The agreement and offer was reviewed by the BOCC in a pass around that was returned on January 9,
2025 The commissioners approved the placement of the agreement on the BOCC agenda. The BOCC
also authorized Public Works to negotiate up to $700,000. The purchase prices shown in the agreement
is $700,000.00 plus closing costs. This amount includes the cost of the land and the cost of the
improvements to the property. The cost of the improvements includes a single family dwelling, a detached
car port, several utility sheds, fencing, trees, septic system, and pivot irrigation sprinkler.
The agreement has been reviewed by the Attorney's Office. Hungenberg KHL Farms has already signed
it. Public Works has included the acquisition of this property in its 2025 budget.
A resolution for this agreement will be required in order to schedule a property closing with the title company.
I will attend the BOCC meeting to answer any questions the BOCC may have.
Page 1 of I
2025-0994
E6 -7004Z3
MEMORANDUM OF
AGREEMENT TO PURCHASE
PROPERTY INTEREST
Project Code: N/A I Parcel No: RW-32 & RW-35
Project No: N/A
Location: Weld County Road 66 Corridor from HWY 85 to CR
74
County: Weld I County Road No: 66
This Memorandum of Agreement ("Agreement") made
(GRANTEE) for the purchase of the parcel(s) listed above
on Akov t1 t4 207,
between Weld County
i ,is
frona the
Owners) IIUNGENBERG KHL FARMS, LLLP, A COLORADO LIMITED LIABILITY (GRANTOR).
LIMITED PARTNERSHIP
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-32 & RW-35)
5.179 Sq.ft❑/acres®
$130,638.83
Permanent and Slope Easements
Sq.ft❑/acres❑
$
Temporary Easements
Sq.ft❑/acres❑
$
Improvements:
Single -Family Residence
Metal Carport (3 -sided)
Small Utility Sheds
Wooden Fencing (6')
$569,361.17
Aggregate
Trees
SFR Septic System
Pivot Sprinkler
Damages:
$0.00
Gross Total
$700,000.00
Net Total
$700,000.00
Other conditions:
See attached Addendum.
The GRANTOR:
1) Represents that he or she is the legal owner of the Property (as hereinafter defined) 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) Reserves all rights, title, and interest in and to, and excepts from the subject Property described and being
conveyed herein in the attached Exhibits (the "Property"), the mineral estate including (but not limited to) all
coal, oil, gas, ores, metals, and other hydrocarbons, and all clay and other valuable minerals in and under said
subject Property (collectively, the "Mineral Rights"). 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 Mineral
Rights retained 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 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,
GRANTOR to the GRANTEE. GRANTEE
Rights. In transactions where GRANTOR
9, as set forth above, will be deleted from
The GRANTEE:
1) Will be entitled to specific performance
2) Will be held harmless from any claims
transfer of the Property to GRANTEE,
3) Will make payment after receiving acceptable
4) Will take possession and use of the Property
escrow account for the benefit of the GRANTOR,
of title to the Property shall occur upon
the payment from escrow to the GRANTOR,
Uniform Relocation Assistance and Real
the GRANTOR may convey the underlying Mineral Rights owned by
makes no representations about the nature, title or value of the Mineral
conveys the underlying Mineral Rights to GRANTEE, Paragraphs 8 and
this Memorandum of Agreement and the conveyance document.
of this agreement upon tender of the agreed consideration;
against the Property or to any interest in the Property existing prior to
except for any benefits due under relocation law;
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 terns under this agreement, and release of
unless other arrangements are made that follow Title III of the
Property Acquisition Act of 1970, as amended; and
5) Will prepare the following documents: Deed of Dedication
❑ General Warranty Deed ❑ Utility Easement
❑ Access Deed ❑ Permanent Easement
❑ Full Release(s) Book/Page: ❑ Slope Easement
❑ Partial Release(s) Book/Page: ❑ Temporary Easement
Order Warrant $700,000.00
Payable to: HUNGENBERG lam FARMS, LLLP, A COLORADO LIMITED
LIABILITY LIMITED PARTNERSHIP
Order Warrant $
Payable to:
GRANTOR: IIUNGENBERG KIM FARMS, LLLP, A COLORADO L1MTIED LIABILITY LIMITED PARTNERSHIP
By: •"� Its: V • f e ,e,......, .—
ATTEST: WELD COUNTY CLERK TO THE
BOARD b 4,�,/ ;�
y,g
BY: Vfil
BOARD OF COUNTY COMMISSIONERS WEL
COUNTY, COLORADO 1851 I.t
�1
z
BY.
Dep lerk to thVard
Perry Buck,
APPROVED AS TO FORM:
6p," el: 9.140e.04
County Attorney:
Rest Estate Specialist
5022861 Pages: 3 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ar1rola ivind.ric Av olaniiitiiyi B p i
Page 2 of 3
WELD/CDOT Form #784 — 04/2024
2025 -Oaq
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.
9) Grantor shall retain ownership of the existing water tap associated with North Weld County Water District
Account #3756000.
5022861 Pages: 4 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IJ 1411111
Page 3 of 3
WELD/CDOT Form #784 — 04/2024
EXHIBIT A
LA I L.I= k;1RMS U.(
III. NGENDE:R(3 l'}
FARMS LLLP
CORPORATION OF CH i
PRESIDING BISHOP i * rim I .
l`lfliRCH SYSUS CI-IR1S1 OF 44
LATTER-DAY SAINTS .
HUNGENBERG KHL FARMS, LLLP
PARC.#080322000012
RECP.#3898640 B&SD, 12-26-2012
W1/2 of the SE1/4
RIGHT-OF-WAY
ACQUIRED RW-32
109,236 sf.
OR 2.508 ac. f
S-1/4 CORNER a� . .
S22-T6N-R65W
E-1/16 CORNER
S22-T6N-R65W
HUNGENBERG
STR FARMS LLLP
HUNGENBERG KHI
FARMS, LLLP
IfUNGE`BERG
PRODUCE. INC
'r-7 ROW I( ,I
E RIGHTAD :vv -vi
5022861 Pages: 5 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes: Clerk and Recorder: Welt! County . CO
RI,111,driliritkiri!O 1110114r
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION
22, TOWNSHIP 6 . NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION N0. 3898640, DATED DECEMBER 26, 2012 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE WEST
ONE-HALF OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 89'29'40" EAST, A DISTANCE OF
1329.93 FEET, TO THE EAST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65
WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE WEST UNE OF THE WEST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID
SECTION 22, NORTH 00'52'13" WEST, A DISTANCE OF 20.01 FEET, TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY UNE OF COUNTY ROAD 66, DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS
IN BOOK 2, PAGE 77, DATED APRIL 07, 1876 AND BEING THE TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND ALONG SAID WEST LINE, NORTH 00'52'13" WEST, A
DISTANCE OF 52.13 FEET, TO THE POINT OF A NON -TANGENT CURVE CONCAVE TO THE NORTH;
THENCE DEPARTING SAID WEST LINE AND ALONG THE ARC OF SAID CURVE 421.86 FEET WHOSE RADIUS
IS 12530.00 FEET, CENTRAL ANGLE IS 01'55'45" AND WHOSE CHORD BEARS NORTH 87'41'41" EAST,
A DISTANCE OF 421.84 FEET, TO THE POINT OF A REVERSE CURVE TO THE RIGHT;
THENCE ALONG THE ARC OF SAID CURVE 748.73 FEET WHOSE RADIUS IS 12670.00 FEET, CENTRAL
ANGLE IS 03'23'09" AND WHOSE CHORD BEARS NORTH 88'25'24" EAST, A DISTANCE OF 748.62 FEET,
TO A POINT OF TANGENT AND ALSO BEING 120.00 FEET NORTH OF THE SOUTH UNE OF SAID WEST
ONE-HALF OF THE SOUTHEAST ONE -QUARTER;
THENCE ALONG A UNE BEING 120.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH UNE, SOUTH
89'29'43" EAST, A DISTANCE OF 159.36 FEET, TO A POINT ON THE WESTERLY UNE OF PARCEL -B OF
RECORDED EXEMPTION NO. 0803 -22 -4 -RE 116, FILED IN THE WELD COUNTY CLERK AND RECORDERS
OFFICE UNDER RECEPTION N0. 1632049, DATED MARCH 15, 1974;
THENCE ALONG SAID WESTERLY UNE, SOUTH 00'50'57" EAST, A DISTANCE OF 100.03 FEET, TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY UNE OF SAID COUNTY ROAD 66;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89'29'40" WEST, A DISTANCE OF 1329.94
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 109,236 sf. OR 2.508 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PIS 38213
RIGHT OF WAY
ACQUISITION
HUNGENBERG KHL
FARMS, LLLP RW-32
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
PROJECT N0: GR-67 SCALE:
DATE: 5-08-23 DRAWN BY: DRH SHEET: 1 of
5261 Pa: 6 of 10
040!215% 2025 09 : 28gAM R Fee:$0.00
$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
■��� kirld iii iilP lk !iii1'1f 0110:V1041491 t id Bill
EXHIBIT -A
r
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p.0Q - a
., ti
_ ..to
114 G
i ,`
tit NGENBER(, SIR
E ARNIS LLL P
®
KHL FARMS, LLLP a
PARC.#080322000012
RECP.#3898640 B.D, 12-26-2012
W1/2 of the SE1/4
4HUNGENBERG
HUNGENBERG KHL
FARMS- LLLP
OA :;-0: " XE-I16
NE[+!617049. 7 -IS -t9)0
CURVE TABLE
C# LENGTH
RADIUS
DELTA
CHD B
CHD
C1 421.86'
12530.00'
01'55'45"N87'41'41"E
421.84'
a
Lti rLE FARMS Lu
C2 748.73'12670.00'
03'23'09
N88'25'24'E
748.62
LINE TABLE
LINE
BEARING
DISTANCE
L1
N00'52'13"W
20.01'
L2
N00'52'13"W
52.13'
„,,n,ENBERG
� PRODUCE. [NC
L3
S89'29'43'E
159.36'
° PAI7C :(3' RE -116
L4
S00'50'57"E
100.03'
RECA1632049, 3-15-1974
RIGHT—OF—WAY
L5
N89'29'40"W
1329.94'
I, VrCcEF L'i TLF
J
a
L
ACQUIRED RW-32
109,236 sf. NC7RTH WELD CUtiNN YbATER
OR 2.508 ac.t 0SFRIC7
RECk42431'4 i;4-t2-20/�
C2 0' WATER LINE EA3aha L3,
Cl
I
C
v. as
FUTU
IN,MNI—
RIGHT-OF-WAY
pg�y_�
L4
Fl1TURE RIGHT-OF-WAY
ff]�
��� � P7MMNI
VwRIGHT-OF-WAY
w -now o'" EXISTING 40'
� ,12
z
pe-ttpyt
pr gow
BASIS OF BEARING
S89'29'40"E 1329.93' RD B., PG 77
.O.C. APR. 07-1876
S-1/4 COR. S22-T6N-R65W E-1/16 COR. S22-76N-R65W
-
_
x
HUNGENBERG U I
FARMS LLLP
CORPORA IRIN OF TI1E
PRESIDING BISHOP OF THE
CHL RCH OF JESUS CHRIST OF
L.arreR-I�AvsAlNls
FND 3 1/4" ALUM. CAP FND 2 1/2" ALUM. CAP
PLS10855 2001 IN MON. BOX LS38571 2021 IN MON. BOX
5
PLA l , RIVER MIDSTREAM, INC. J
NOTE: THIS EXHIBIT MAP DOES NOT
MONUMENTED LAND SURVEY OR LAND
R IS INTENDED TO ILLUSTRATE THE
PROPERTY DESCRIPTION ONLY.
MR C.DE
TERMINALS LLC
REPRESENT A
SURVEY PLAT.
ATTACHED
RIGHT OF WAY,,,\.,,13_§.!„.•
ACQUISITION
--- --'36-
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.
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WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
HUNGENBERG KHL
FARMS, LLLP RW-32
WELD COUNTY, COLORADO
PROJECT NO: GR-67 SCALE: 1"=300
DATE: 5 -OK -23 DRAWN BY: DRH SHEET: 2 of 2
5022861 Pages: 7 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Mail' f l0l•Mi i vi II III
EXHIBIT B
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EIUNGENBE:RG KIIL
FARMS, LLLP
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Pr ROW
FUTURE RIGHT-OFJP/AY
PLA I "I E R14 ER
MIDSTREAM, INC'.
•
id
HUNGENBERC STR FARMS LLLP
id
ld 1cl
HUNGENBERG KHL FARMS, LLLP
PARC.#080322000038
RECP. #3898640 B&SD, 12-26-2012
PARCEL "A" RE -116
REC# 1632049, 3-15-1974
HUNGE`'BERG PRODUCE, INC
RIGHT—OF—WAY
ACQUIRED RW-35
116,694 sf.
OR 2.679 ac.f
�-1/16 CORNER
S22-T6N-R65W
I
NGL CRUDE TE
r..:a.► &:..
L4
. i
lM� +.a'Vr +�l�
F
[
L5
teri ii.NGFNSERG MC"KEE-
q FARMS LLLP
*,
i
0 Pr —ROW
SE CORNER
S22—T6N--R65W
5022861 Pages: 8 of 10
04/15/2025 09:2$ AM R F'ee:$0.00
Carly Koppes; Clerk and Recorder; Weld County CO
III OirKtiligifilillirChifel1/41117111,IIIP.Iiii,ii, 111111
EXHIBIT B
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF
SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF PARCEL -A OF RECORDED EXEMPTION
N0. 0803 -22 -4 -RE 116 (RE -116), FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION N0. 1632049, DATED MARCH 15, 1974 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID
SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER AS BEARING SOUTH 89'29'43" EAST, A
DISTANCE OF 1329.85 FEET, TO THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE
65 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG SAID SOUTH LINE, SOUTH 89'29'43" EAST, A DISTANCE OF 145.00 FEET, TO A POINT ON
THE EASTERLY LINE OF PARCEL -B OF SAID RE -116;
THENCE ALONG SAID EASTERLY LINE, NORTH 00'50'57" WEST, A DISTANCE OF 20.01 FEET, TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 66, DESCRIBED IN BOARD OF COUNTY
COMMISSIONER RECORDS IN BOOK 2, PAGE 77, DATED APRIL 07, 1876 AND BEING THE TRUE POINT OF
BEGINNING.
THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND CONTINUING ALONG SAID EASTERLY UNE OF
PARCEL -B, NORTH 00'50'57" WEST, A DISTANCE OF 100.03 FEET TO A POINT 120.00 FEET NORTH OF
SAID SOUTH SECTION UNE;
THENCE DEPARTING SAID EASTERLY UNE AND ALONG A UNE 120.00 FEET FROM AND PARALLEL WITH
SAID SOUTH SECTION UNE, SOUTH 89'29'43" EAST, A DISTANCE OF 1105.81 FEET;
THENCE NORTH 44'50'01" EAST, A DISTANCE OF 68.62 FEET, TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 45 DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS
IN BOOK 2, PAGE 283 & 284, DATED JULY 21, 1879;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY UNE, SOUTH 00'49'23" EAST, A DISTANCE OF 149.13
FEET, TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY UNE;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY
UNE, NORTH 89'29'43" WEST, A DISTANCE OF 1154.85 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 116,694 sf. OR 2.679 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
RIGHT OF WAY
ACQUISITION
HUNGENBERG KHL
FARMS, LLLP RW-35
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
PROJECT N0: GR-67 'SCALE:
DATE: 5-08-23IDRAWN BY:DRHISHEET: 1 oft
5022861 Pages: 9 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , Co
Diu Eir1r�� i� filariAULihlItaiitw hid Bill
EXHIBIT B
HL NGENBERC, KHL
FARMS. I_LEY
a
J
a
J
a
55' F4Rht ACCESS EASEMENT
REC#',i33®GIJ 12-252072
Pr —ROW
FUTURE RIGHT-OF-WAI P"O"B
E-1/4 COR. S22-18H-R65W
FND 2 1/2" ALUM. CAP
ILLEGIBLE
HUNGENBERG STR FARMS LLLP
id
Rf
os zz-2c re
EASEhiENT�
HOME LIGHT 8 POWER G(Y
REC41 t5CJ58 �5-07.1957
HUNGENBERG KHL FARMS, LLLP ELEC LINE EASEMENT
NO WIDTH GIVEN
PARC.#080322000038
RECP.#3898640 82,4 2-26-2012
PARCEL "A" RE -116
REC#1632049,3-15-1974
HUN:6 NBER,,PRODLCE.INC
i0.RCK'B' NE-JI6
RECaJ6J7009, 7-15-t9�4
RIGHT—OF—WAY
ACQUIRED RW-35
I� 5, 116,694 sf.
OR 2.679 ac.t
I
L3
PL.A ILE R.Iti ER
AIDS MEM, INC.
Li pL
BASIS OF BEARIN EXISTING 40'
z S89.29'43"E 1329.85' RIGHT-OF-WAY
RD BK 2, PG 77
'.O.C. APR. 07-1876
�.� E-1/16 COR. S22-76N-R65W
_ FND 2 1/2" ALUM. CAP
ILS38571 2021 IN MON. BOX
� NUL. CRLDE. EERMINALS LL(
LINE TABLE
LINE
L1
L2
BEARING
DISTANCE
S89'29'43"E
No0'50'57"W
N00'50'57"W
S89'29'43"E
N44'50'01 "E
S00'49'23"E
N89'29'43"W
145.00'
20.01'
100.03'
1105.81'
68.62'
149.13'
1154.85'
L3
L4
L5
L6
L7
4
R
c
E
RIGHT OF WAY
ACQUISITION
HUNGENBERG KHL
FARMS, LLLP RW-35
WELD COUNTY, COLORADO
PUBLIC
CO(
N00'49'23'W
X2637.38'
FILNCIENBFR6 MC KEE
F ARMS LLLP
I
EXISTING 60'
RIGHT -Of -WAY
RD BK.2, PG.283 & 284
JULY 21-1879
' ID100/84
v
1
LEI L's- Pr -ROW
25.7C -SE COR.
S22-T6N-R65W
FND 2 1/2"
ALUM. CAP
LS38X58 2016
IN MON. BOX
PURI_ICC SERVICE
COMPANV OE COLORADO
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.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
PROJECT N0: GR-67 'SCALE: 1,300
DATE: 5-0i1-23
DRAWN BY: DRH
SHEET: 2 oft
5022861 Pages: 10 of 10
04/15/2025 09:28 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 t���R,�no hitir u1.k�ialiIIsiFiii iliw rh till
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of
Hungenberg KHL Farms, LLLP, a Colorado Limited Liability Limited Partnership. An entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is: Hungenberg KHL Farms
The Entity is a: Colorado Limited Liability Limited Partnership
The mailing address for the Entity is: 31466 Weld County Road 39 %, Greeley, CO 80631
The name and position of the person(s) authorized to execute instruments conveying, encumbering,
or otherwise affecting title to real property on behalf of the Entity is:
The limitations upon the authority of the person named above or holding the position described
above to bind the Entity are as follows:
(If no limitations insert "NONE")
The instrument and recording information, including the County, of the document by which title was
acquired is:
Bargain and Sale Deed at Reception # 3898640 of the Clerk and Recorder's Records Office in Weld
Count0079
Other matters concerning the manner in which the Entity deals with any interest in real property
are:
EXECUTED this ( day of A , 20 .Z. C
Hungenberg KHL Farms, LLLP,,a Colorado Limited Liability Limited Partnership
Print Nam: )1'7 . L.e rrv., � �� �tl� t
Title: Vi
Date: °-f
STATE OF L�4pr-vp, )
)§
COUNTY OF Lv r LD )
The foregoing instrument was acknowledged before me this I day of ''A Pelt, , 20 z fi ,
by Ake 1,4, .a4464i as LAL.g Peexid E,,,,-- of Hungenberg KILL Farms, LLLP, a Colorado
Limited Liability Limited Partnership.
Witness my hand and official seal.
My commission expires: z/p/7-,eb
1C
JOHNATHAN DOTY
Notary Public
State of Colorado
Notary ID # 20064006865
My Commission Expires 02-17-2026
Contract Form
Entity Information
Entity Name*
HUNGENBERG KHL FARMS LLLP
Entity I D *
@00049721
Contract Name*
MEMORANDUM OF AGREEMENT TO PURCHASE
PROPERTY INTEREST FOR THE HUNGENBERG KHL
FARMS PROPERTIES ON THE CR 66 CORRIDOR
Contract Status
CTB REVIEW
Ell New Entity?
Contract ID
9325
Contract Lead*
CKIMMI
Contract Lead Email
CKimmigweld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
G R-6 7
Contract Description*
MOA TO PURCHASE ROW FROM HUNGENBERG KHL FARMS, LLLP FOR THE WCR 66 CORRIDOR PROJECT.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$700,000.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
Pu bl icWorksLweld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYGMEL
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
Date*
04 14 2025
Due Date
04110/2025
Will a work session with BOCC be required?*
HAD
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
Contact Name
Purchasing
Review Date*
04/04/2025
Committed Delivery Date
Contact Type Contact Email
Renewal Date
Expiration Date*
12/31 ;'2025
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
04/07/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/14/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
04/07/2025 04/07/2025
Tyler Ref #
AG 041425
Originator
CKIMMI
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