HomeMy WebLinkAbout20250583.tiffResolution
Approve Memorandum of Agreement to Purchase Property Interest for
Right -of -Way Acquisition for County Roads 13 and 54 Intersection Roundabout
Project (Southwest Corner) and Authorize Chair to Sign — Loveland Ready -Mix
Concrete, Inc.
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 Right -of -Way Acquisition for the County Roads 13 and 54
Intersection Roundabout Project (Southwest Corner) 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 Loveland Ready -Mix Concrete, Inc.,
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
Right -of -Way Acquisition for the County Roads 13 and 54 Intersection Roundabout
Project (Southwest Corner) 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 Loveland Ready -Mix Concrete, Inc., be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 "III
GG:PW(CHIowtoD/GK/s8)
03/.4/23
2025-0583
EG0083
Memorandum of Agreement to Purchase Property Interest for Right- of- Way Acquisition
for County Roads 13 and 54 Intersection Roundabout Project (Southwest Corner) —
Loveland Ready -Mix Concrete, Inc.
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 3rd day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Car1Y Koppes, Clerk and Recorder, Weld County , CO
2025-0583
EG0083
I1111li rdIOi 414 ritil4'Nilliintiglr' imh 11111
ConAvac - 11)44 c14(0
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS AROUND TITLE: WCR 54/13 Roundabout ROW Acquisition Offer for the Loveland Ready Mix
Property Located on the Southwest Corner of the Intersection
DEPARTMENT: Public Works DATE: January 27, 2025
PERSON REQUESTING: Clay Kimmi. Don Dunker, Curtis Hall
Brief description of the problem/issue:
Public Works is in the process of ROW acquisition for the WCR 54/13 Roundabout Project. During
the design phase of the project, it was determined that the County needed to acquire approximately
4.895 acres of right of way (ROW), 2.1334 acres of permanent easements, and 2.138 acres of
temporary construction easements of the property owned Loveland Ready Mix (LRM). During the
ROW discussions with LRM, Weld County obtained a partial take appraisal for the property. The
County's appraisal valued the land and the easements at $361,500.00. LRM was given the
opportunity to obtain an appraisal for the property. Their appraisal valued the land and easements at
$120,000. Since there is a CDOT grant ($1,419,409) on the project, the County has to use the
highest value from the appraisals.
Attached to this request is a map showing the extent of each option. Below is a table showing the
appraisal values for the partial take.
County Partial Take Appraisal
Land Value
$266,531.00
$ 58,089.00
$ 23,288.00
$ 13,400.00
$361,348.00
$361,500.00
Permanent Easements
Temporary Construction Easements
Damages
Subtotal
Subtotal Rounded Up to Nearest $500.00
30% Incentive on Land & Permanent Easements
$ 97,386.00
Total
$458,886.00
What options exist for the Board?
In order to acquire the needed ROW for the CR 66 Corridor project, the BOCC could decide to:
1. acquire the portion of the property that is needed for the project; or
2. request a work session to gather more information.
Consequences: Option 1 acquires the property required for the ROW, permanent easements, and
temporary construction easements.
Impacts: If the BOCC decides not to acquire the property for the project, the project will have to be
redesigned and CDOT will have to approve the new ROW acquisitions and the new construction
plans. CDOT has to approve the ROW acquisition and construction plans because the County has a
CDOT grant for the project. Redesigning the project will likely add 2 additional years to the schedule
and will likely have to obtain ROW on the south side of WCR 54. A redesign will also cause impacts
to the Big Thompson River Floodplain and Floodway which will have to be mitigated. ROW
acquisition on the south side of WCR 54 will entail having to partially backfill at least 2 gravel pits.
2025-0583
3/3
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
The cost for the ROW, permanent easements, and temporary construction easements are shown in
the table above. Public Works has planned for the acquisition of this property in the 2025 budget.
Recommendation:
Public recommends option 1 which is to acquire the ROW, permanent easements, and temporary
construction easements required for the project. Public Works also recommends the BOCC allow the
Department to negotiate the LRM counteroffer up to $600,000.00 from the $462,766.00 initial offer. If
LRM counters with more than $600,000, Public Works will return to the BOCC for approval before
proceeding.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Support Recommendation Schedule
Place on BOCCE Agenda Work Session
Other/Comments:
MEMORANDUM
TO: Esther Gesick, CTB DATE: February 26, 2025
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Memorandum of Agreement to Purchase Property
Interest from Loveland Ready -Mix for ROW on the WCR 54/13
Roundabout 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 54/13 Roundabout Project acquisition
involves the purchase of ROW, permanent easements for CenturyLink, and the purchase of a temporary
construction easement.
The agreement and offer was reviewed by the BOCC in a pass around that was returned on February 4,
2025 The commissioners approved the placement of the agreement on the BOCC agenda. The cost of
shown in the agreement is $458,886.00 plus closing costs
The agreement has been reviewed by the Attorney's Office. Loveland Ready -Mix 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 1of1
MEMORANDUM OF
AGREEMENT TO PURCHASE
PROPERTY INTEREST
Project Code: 24989 Parcel No: RWE-02, PE -02, PE -
02A, PE -02B, PE -02C, TE-02
Project No: STU C030-085
Location: WCR 13 & 54 Roundabout
County: Weld I State Highway No: N/A
This Memorandum of Agreement ("Agreement") made
on Moscn 3, 20 Z5, is
between Weld County
(GRANTEE) for the purchase of the parcel(s) listed above
Owner(s) Loveland Ready -Mix Concrete, Inc.
from the
(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 (RWE-02)
4.895 Sq.ft❑/acres®
266,531.00
Permanent and Slope Easements (PE-02,PE-02A, PE -02B,
PE -02C)
2.134 Sq ft❑/acres®
$58,089.00
Temporary Easements (TE-02)
2.138 Sq.ft❑/acres®
$23,288.00
Improvements:
Damages:
Gross Total
$361,500.00 (R)
Additional consideration for incentive payment to Grantor if Agreement signed by
Grantor on or before February 27, 2025, per the terms stated below in "Other
conditions."
$97,386.00
Net Total
$458,886.00
Other conditions:
See attached Addendum.
Grantor (OWNER) is hereby advised Grantee (the COUNTY), its employees, contractors or representatives, is seeking to
accelerate the Weld County Road 13& 54 Roundabout Project to more quickly provide road improvements to the traveling
public. Therefore, it is understood and agreed that:
1. For the purpose of expediting the project, the COUNTY is hereby offering OWNER an incentive of $97,386.00 shown
above, if this Memorandum of Agreement (MOA) is (1) properly executed by OWNER, and (2) received by the COUNTY or
its representatives on or before February 27, 2025.
2. If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business
February 27, 2025 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the
incentive payment of $97,386.00. Further, OWNER understands that if the COUNTY or its representatives has not received a
fully executed MOA by close of business February 27, 2025, the COUNTY's position at any further proceedings regarding
"Just Compensation" will be in the amount of $361,500.00 (Gross Total).
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;
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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.
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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
IOWA "III
Page 2 of 4
WELD/CDOT Form #784 — 04/2024
501__
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Carly Koppes, Clerk and Recorder, Weld County , CO
'VA hr la ilk Bill
NOTE: At GRANTOR'S sole discretion,
GRANTOR to the GRANTEE. GRANTEE
estate. In transactions where GRANTOR
as set forth above, will be deleted from this
❑ GRANTOR conveys the underlying mineral
the Memorandum of Agreement and the conveyance
The GRANTEE:
1) Will be entitled to specific performance
2) Will be held harmless from any claims
benefits due under relocation law;
3) Will make payment after receiving acceptable
4) Will take possession and use of the parcel(s)
escrow account for the benefit of the GRANTOR,
of title to the parcel(s) shall occur upon
the payment from escrow to the GRANTOR,
Uniform Relocation Assistance and Real
the GRANTOR may convey the underlying mineral estate owned by
makes no representations about the nature, title or value of the mineral
conveys the underlying mineral estate to GRANTEE, Paragraphs 8 and 9,
Memorandum of Agreement and the conveyance document.
estate to G EE. Paragraphs 8 and 9 are hereby deleted from
d ment. /JO A.4.----
r fAy 06
of this agreement upon tender of the agreed consideration;
against the property or to any interest in the property, except for any
conveyance instruments from the GRANTOR;
when it deposits the consideration, as set forth above, into an
or when GRANTEE disburses funds to GRANTOR. Transfer
performance of any and all terms under this agreement, and release of
unless other arrangements are made that follow Title III of the
Property Acquisition Act of 1970, as amended; and
5) Will prepare the following documents: Larimer County 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 $458,886.00
Payable to: Loveland Ready -Mix Concrete, Inc.
Order Warrant $
Payable to:
GRANTOR: Lo and ' ady- ixConcrete, Inc.
By: //_ As: AS/lee 7 Date: 7-1 -2OZ5
E
Ltk
_
....
ATTEST: WEB . COUNTY CLERK TO THE
BOARD Kedski $C: ..(1%44
BY:
BOARD OF COUNTY COMMISSIONERS >6t 1
COUNTY, COLORADO
MAR 0°
BY:
=4,1
.►r
Deputy Clerk to the Board
Perry L. Buck, air
APPROVED AS TO FORM:
County Attorney: ,. �°""'14
Real Estate Specialist
7//i2e_
. . _
Page 3 of 4
WELD/CDOT Form #784 — 04/2024
2 on -657s5
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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
hiO% Aid BIM
Page 4 of 4 WELD/CDOT Form #784 — 04/2024
EXHIBIT "A"
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
PARCEL NUMBER: RWE-02
DATE: April 04, 2024
LEGAL DESCRIPTION
A tract or parcel of land No. RWE-02 of the Department of Transportation, State of Colorado, Project Code 24989,
Project Number STU C030-085, containing 213,225 square feet (4.895 acres), more or less, being a part of the
Northeast One -Quarter (NE1/4) of Section 25, Township 5 North, Range 68 West of the Sixth Principal Meridian (6
P.M.), County of Larimer, State of Colorado, being a portion of that warranty deed filed in the Larimer County Clerk
and Recorders office under reception No. 2004-0087601, Dated September 03, 2004, and being more particularly
described as follows:
COMMENCING at the Northeast Corner of said Section 25, Thence South 87°43'02" West, a distance of 1364.23
feet, to a point on the West line of the East One -Half of the Northeast One -Quarter of said Section 25, said point
being the POINT OF BEGINNING.
1. Thence along said West line, North 00°12'01" East, a distance of 30.00 feet, to a point on the Southerly
Right -of -Way line of East Larimer County Road 18, described in Deed of Dedication filed in the Larimer
County Clerk and Recorders office under at reception No. 52130, dated April 10,1896;
2. Thence departing said West line and along said Southerly Right -of -Way line, South 89°45'44" East, a
distance of 712.84 feet, to a point of additional Right -of -Way by Deed of Dedication filed in the Larimer
County Clerk and Recorders office under reception No. 2002056934, dated May 23, 2002;
3. Thence along said Southerly Right -of -Way line the following four courses, South 0W24'36" West, a
distance of 10.00 feet;
4. Thence South 89°45'44" East, a distance of 610.00 feet, to a point on the Westerly Right -of -Way line of
Larimer County Road 1;
5. Thence along said Westerly Right -of -Way line, South 00°24'36" West, a distance of 90.00 feet;
6. Thence South 89°45'55" East a distance of 10.00 feet, to a point on the Westerly Right -of -Way line of
Larimer County Road 1, described in road viewers report filed in the Larimer County Clerk and Recorders
office under reception No. 41978, dated January 20, 1893;
7. Thence along said Westerly Right -of -Way line, South 00°24'36" West, a distance of 1616.29 feet, to a
point on the southerly line of said warranty deed;
8. Thence departing said Westerly Right -of -Way line and along said Southerly warranty deed line, North
60°36'30" West, a distance of 4.54 feet;
9. Thence continuing along said warranty deed line, North 31°26'00" West, a distance of 46.02 feet;
10. Thence departing said warranty deed line, North 00°24'36" West, a distance of 605.00 feet;
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111I1
11. Thence North 07°26'04" West, a distance of 421.06 feet;
12. Thence North 06°58'15" West, a distance of 457.07 feet;
13. Thence North 88°39'58" West, a distance of 239.40 feet;
14. Thence North 58°24'47" West, a distance of 316.34 feet;
15. Thence North 89°45'44" West, a distance of 678.27 feet, to the POINT OF BEGINNING.
The above -described parcel contains 213,225 sf. (4.895 ac.), more or less.
Basis of Bearings: The North line of the East One -Half of the Northeast One -Quarter of Section 25, Township 5
North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Northeast
Corner of said section 25, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, in
a monument box at the East end, to the East One -Sixteenth corner of said section 25, being monumented by A No.
6 rebar with a 2.5 -inch aluminum cap stamped LS 123741995, in a monument box at the West End, as Bearing
North 89°45'44" West, a distance of 1362.95 feet, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, with all other bearings contained herein relative thereto.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
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0.00 co
Car 04Koppe 10Clerk anld Recorder, Weld County
1414 III III
LARIMER COUNTY
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE -02
FROM
Loveland Ready -Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539
FOR
Project Code: 24989
Project Number: STU C030-085
Location: WC13 & WC54 Roundabout
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Carly Koppes, Clerk and Recorder, Weld County CO
uIII �k'.r!� a�'W hi a MIIINV:h 'ill1biJliY h 11111
EXHIBIT "B"
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
PERMANENT EASEMENT NUMBER: PE -02
DATE: April 04, 2024
LEGAL DESCRIPTION
A Permanent Easement land No. PE -02 of the Department of Transportation, State of Colorado, Project Code 24989,
Project Number STU C030-085, containing 20,378 square feet (0.468 acres), more or less, being a part of the Northeast One -
Quarter (NE1/4) of Section 25, Township S North, Range 68 West of the Sixth Principal Meridian (6 P.M.), County of Larimer,
State of Colorado, being a portion of that warranty deed filed in the Larimer County Clerk and Recorders office under reception
No. 2004-0087601, Dated September 03, 2004, and being more particularly described as follows:
COMMENCING at the Northeast Corner of said Section 25, Thence South 87'43'02" West, a distance of 1364.23 feet, to a point
on the West line of the East One -Half of the Northeast One -Quarter of said Section 25, said point being the POINT OF
BEGINNING.
1. Thence departing said West line South 89"45'44" East, a distance of 678.27 feet;
2. Thence South 58°24'47" East, a distance of 316.34 feet;
3. Thence South 88"39'58" East, a distance of 239.40 feet;
4. Thence South 06°58'15" East, a distance of 16.67 feet;
5. Thence North 88"39'58" West, a distance of 246.27 feet;
6. Thence North 58°24'47" West, a distance of 316.16 feet;
7. Thence North 89°45'44" West, a distance of 673.64 feet, to a point on the West line of the East One -Half of the
Northeast One -Quarter of said Section 25;
8. Thence along said West line, North 00'12'01" East, a distance of 16.50 feet, to the POINT OF BEGINNING.
The above -described parcel contains 20,378 sf. (0.468 ac.), more or less.
The purpose of the above -described Permanent Easement is for the benefit of Century Link.
Basis of Bearings: The North line of the East One -Half of the Northeast One -Quarter of Section 25, Township 5 North, Range 68
West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Northeast Corner of said section 25, being
monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, in a monument box at the East end, to the East
One -Sixteenth corner of said section 25, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 12374
1995, in a monument box at the West End, as Bearing North 89'45'44" West, a distance of 1362.95 feet, being a Grid Bearing of
the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, with all other bearings contained
herein relative thereto.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970)304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
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Carly Koppes, Clerk. and Recorder, Weld County , CO
IIII'POP 1 1�i�1�Gi�4�'1 �1���1�� X41 �� I1'r i 11111
LARIMER COUNTY
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE -02A
FROM
Loveland Ready -Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539
FOR
Project Code: 24989
Project Number: STU C030-085
Location: WC13 & WC54 Roundabout
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Carly Koppes, Clerk and Recorder, Weld County , CO
ill FATiliiiIHNI.14 Mat 11111
EXHIBIT "C"
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
PERMANENT EASEMENT NUMBER: PE -02A
DATE: April 04, 2024
LEGAL DESCRIPTION
A Permanent Easement No. PE -02A of the Department of Transportation, State of Colorado, 24989, Project Number
STU C030-085, containing 29,344 square feet (0.674 acres), more or less, being a part of the Northeast One -Quarter (NE1/4) of
Section 25, Township S North, Range 68 West of the Sixth Principal Meridian (6 P.M.), County of Larimer, State of Colorado,
being a portion of that warranty deed filed in the Larimer County Clerk and Recorders office under reception No. 2004-
0087601, Dated September 03, 2004, and being more particularly described as follows:
COMMENCING at the Northeast Corner of said Section 25, Thence South 03°05'17" West, a distance of 1674.71 feet, to a point
on the Southerly line of said warranty deed, and being the POINT OF BEGINNING.
1. Thence departing said warranty deed line, North 00°24'36" East, a distance of 571.42 feet;
2. Thence North 07"26'04" West, a distance of 419.77 feet;
3. Thence North 06"58'15" West, a distance of 460.07 feet;
4. Thence South 88"39'58" West, a distance of 20.21 feet;
5. Thence South 06"58'15" East a distance of 457.07 feet;
6. Thence South 07°26'04" West, a distance of 421.06 feet;
7. Thence South 00"24'36" West, a distance of 605.00 feet, to a point on the Southerly line of said warranty deed;
8. Thence along said warranty deed line, North 31°26'00" West, a distance of 37.91 feet, to the POINT OF BEGINNING.
The above -described parcel contains 29,344 sf. (0.674 ac.), more or less.
The purpose of the above -described Permanent Easement is for the benefit of Poudre Valley REA (PVREA).
Basis of Bearings: The North line of the East One -Half of the Northeast One -Quarter of Section 25, Township 5 North, Range 68
West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Northeast Corner of said section 25, being
monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, in a monument box at the East end, to the East
One -Sixteenth corner of said section 25, being monumented byA No. 6 rebar with a 2.5 -inch aluminum cap stamped L512374
1995, in a monument box at the West End, as Bearing North 89°45'44" West, a distance of 1362.95 feet, being a Grid Bearing of
the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, with all other bearings contained
herein relative thereto.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970)304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
5014276 Pages: 12 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
khikatil Bill
LARIMER COUNTY
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE -02B
FROM
Loveland Ready -Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539
FOR
Project Code: 24989
Project Number: STU C030-085
Location: WC13 & WC54 Roundabout
5014276 Pages: 13 of 19
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Carly Koppes, Clerk and Recorder, Weld County CO
VIII .r�'�� �4 : Wf iih 11111
EXHIBIT "D"
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
PERMANENT EASEMENT NUMBER: PE -02B
DATE: April 04, 2024
LEGAL DESCRIPTION
A Permanent Easement No. PE -02B of the Department of Transportation, State of Colorado, Project Code 24989,
Project Number STU CO30-085, containing 42,821 square feet (0.983 acres), more or less, being a part of the Northeast One -
Quarter (NE1/4) of Section 25, Township 5 North, Range 68 West of the Sixth Principal Meridian (6 P.M.), County of Larimer,
State of Colorado, being a portion of that warranty deed filed in the Larimer County Clerk and Recorders office under reception
No. 2004-0087601, Dated September 03, 2004, and being more particularly described as follows:
COMMENCING at the Northeast Corner of said Section 25, Thence South 03°05'17" West, a distance of 1674.71 feet, to a point
on the Southerly line of said warranty deed, and being the POINT OF BEGINNING.
1. Thence along said warranty deed line, North 31°26'00" West, a distance of 56.87 feet;
2. Thence departing said warranty deed fine, North 00°24'36" East, a distance of 521.06 feet;
3. Thence North 07°26'04" West, a distance of 417.83 feet;
4. Thence North 06°58'15" West, a distance of 464.57 feet;
5. Thence South 88°39'58" West, a distance of 30.32 feet;
6. Thence South 06°58'15" East, a distance of 460.07 feet;
7. Thence South 07°26'04" West, a distance of 419.77 feet;
8. Thence South 00°24'36" West, a distance of 571.42 feet, to the POINT OF BEGINNING.
The above -described parcel contains 42,821 sf. (0.983 ac.), more or less.
The purpose of the above -described Permanent Easement is for the benefit of Western Midstream
Basis of Bearings: The North line of the East One -Half of the Northeast One -Quarter of Section 25, Township 5 North, Range 68
West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Northeast Corner of said section 25, being
monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, in a monument box at the East end, to the East
One -Sixteenth corner of said section 25, being monumented by A No. 6 rebar with a 25 -inch aluminum cap stamped LS 12374
1995, in a monument box at the West End, as Bearing North 89°45'44" West, a distance of 1362.95 feet, being a Grid Bearing of
the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, with all other bearings contained
herein relative thereto.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
5014276 Pages: 14 of 19
03/04/2025 10:34 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 PrIINIMI�i�1J�'Ikt�� 114KiiiL4,1111
LARIMER COUNTY
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE -02C
FROM
Loveland Ready -Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539
FOR
Project Code: 24989
Project Number: STU C030-085
Location: WC13 & WC54 Roundabout
5014276 Pages: 15 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
I r'<kE' d:r, Ulla 114 BI II I
EXHIBIT "E"
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
PERMANENT EASEMENT NUMBER: PE -02C
DATE: April 04, 2024
LEGAL DESCRIPTION
A Permanent Easement No. PE -02C of the Department of Transportation, State of Colorado, Project Code 24989,
Project Number STU C030-085, containing 400 square feet (0.009 acres), more or less, being a part of the
Northeast One -Quarter (NE1/4) of Section 25, Township 5 North, Range 68 West of the Sixth Principal Meridian (6
P.M.), County of Larimer, State of Colorado, being a portion of that warranty deed filed in the Larimer County Clerk
and Recorders office under reception No. 2004-0087601, Dated September 03, 2004, and being more particularly
described as follows:
COMMENCING at the Northeast Corner of said Section 25, Thence South 86'43'33" West, a distance of 979.79
feet, said point being the POINT OF BEGINNING.
1. Thence South 00°14'16" West, a distance of 20.00 feet;
2. Thence North 89°45'44" West, a distance of 20.00 feet;
3. Thence North 00°14'16" East, a distance of 20.00 feet;
4. Thence South 89°45'44" East, a distance of 20.00 feet, to the POINT OF BEGINNING.
The above -described parcel contains 400 sf. (0.009 ac.), more or less.
The purpose of the above -described Permanent Easement is for the benefit of Poudre Valley REA (PVREA).
Basis of Bearings: The North line of the East One -Half of the Northeast One -Quarter of Section 25, Township S
North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Northeast
Corner of said section 25, being monumented byA No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, in
a monument box at the East end, to the East One -Sixteenth corner of said section 25, being monumented by A No.
6 rebar with a 2.5 -inch aluminum cap stamped LS 12374 1991, in a monument box at the West End, as Bearing
North 89°45'44" West, a distance of 1362.95 feet, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, with all other bearings contained herein relative thereto.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
5014276 Pages: 16 of 19
03/04/2025 10:34 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 VhOW'1N 14.1 i II III
LARIMER COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-02
FROM
Loveland Ready -Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539
FOR
Project Code: 24989
Project Number: STU C030-085
Location: WC13 & WC54 Roundabout
5014276 Pages: 17 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 NM! II II
EXHIBIT "F"
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
TEMPORARY EASEMENT NUMBER: TE-02
DATE: April 04, 2024
LEGAL DESCRIPTION
A Temporary Easement No. TE-02 of the Department of Transportation, State of Colorado, Project Code 24989,
Project Number STU C030-085, containing 93,152 square feet (2.138 acres), more or less, being a part of the
Northeast One -Quarter (NE1/4) of Section 25, Township 5 North, Range 68 West of the Sixth Principal Meridian (6
P.M.), County of Larimer, State of Colorado, being a portion of that warranty deed filed in the Larimer County Clerk
and Recorders office under reception No. 2004-0087601, Dated September 03, 2004 and being more particularly
described as follows:
COMMENCING at the Northeast Corner of said Section 25, Thence South 87°43'02" West, a distance of 1364.23
feet, to a point on the West line of the East One -Half of the Northeast One -Quarter of said Section 25, said point
being the POINT OF BEGINNING.
1. Thence departing said West line, South 89°45'44" East, a distance of 678.27 feet;
2. Thence South 58°24'47" East, a distance of 316.34 feet;
3. Thence South 88°39'58" East, a distance of 239.40 feet;
4. Thence South 06°58'15" East, a distance of 457.07 feet;
S. Thence South 07°26'04" East, a distance of 421.06 feet;
6. Thence South 00°24'36" West, a distance of 605.00 feet, to a point on the Southerly line of said warranty
deed;
7. Thence along said warranty deed line, North 31°26'00" West, a distance of 94.77 feet;
8. Thence departing said warranty deed line, North 00°24'36" East, a distance of 521.06 feet;
9. Thence North 07°26'04" West, a distance of 417.83 feet;
10. Thence North 06°58'15" West, a distance of 447.91 feet;
11. Thence North 88°39'58" West, a distance of 195.76 feet;
12. Thence North 58°24'47" West, a distance of 316.16 feet;
13. Thence North 89°45'44" West, a distance of 305.14 feet;
14. Thence South 11°34'17" West, a distance of 33.87 feet;
5014276 Pages: 18 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 !Kill:UAL Vh' IV IL LVINOWI:l■fi8 11111
15. Thence North 78°25'43" West, a distance of 50.00 feet;
16. Thence North 11°34'17" East, a distance of 23.85 feet;
17. Thence North 89'45'44" West, a distance of 317.48 feet, to a point on the West line of said East One -Half
of the Northeast One -Quarter;
18. Thence along said West line North 00°12'01" East, a distance of 16.50 feet to the POINT OF BEGINNING.
The above -described parcel contains 93,152 sf. (2.138 ac.), more or less.
The purpose of the above -described Temporary Easement is for activities associated with roadway construction.
Basis of Bearings: The North line of the East One -Half of the Northeast One -Quarter of Section 25, Township 5
North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Northeast
Corner of said section 25, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, in
a monument box at the East end, to the East One -Sixteenth corner of said section 25, being monumented by A No.
6 rebar with a 2.5 -inch aluminum cap stamped LS 12374 1995, in a monument box at the West End, as Bearing
North 89°45'44" West, a distance of 1362.95 feet, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, with all other bearings contained herein relative thereto.
For and on behalf of Weld County
Daniel R. Holmes, PLS 38213
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
5014276 Pages: 19 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
gill VIM IiihNIMIFMN Wit ML rt4i: l Yoh 11111
C ntract For
Entity Information
Entity Name*
LOVELAND READY -MIX
Entity ID*
@00020029
Contract Name*
MEMORANDUM OF AGREEMENT TO PURCHASE
PROPERTY ON THE SW CORNER OF THE WCR 54/13
INTERSECTION FOR THE WCR 54/13 ROUNDABOUT
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9146
Contract Lead*
CKIMMI
Contract Lead Email
CKimmi@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-70
Contract Description*
MEMORANDUM OF AGREEMENT TO PURCHASE PROPERTY ON THE SW CORNER OF THE WCR 54/13 INTERSECTION
FOR THE WCR 54/1 3 ROUNDABOUT.
Contract Description 2
Contract Type"
AGREEMENT
Amount*
$458,886.00
Renewable
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 02/27/2025
03/03/2025
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
Review Date*
02/26/2025
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
DUANE NAIBAUER
DH Approved Date
02/26/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03/03/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
ADRIA SCHIEL
Finance Approved Date Legal Counsel Approved Date
02/26/2025 02/26/2025
Tyler Ref #
AG 030325
Originator
CKIMMI
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