HomeMy WebLinkAbout20250996.tiffResolution
Approve Memorandum of Agreement to Purchase Property Interest for County
Road 66 Corridor Project (RW-34) and Authorize Chair to Sign — Hungenberg
Produce, 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 the County Road 66 Corridor Project (RW-34) 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 Produce, 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 the
County Road 66 Corridor Project (RW-34) 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 Produce, 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.
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 Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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cc.P.,(ci-1/AN/vv/cK/s8) 2025-0996
Carly Koppes, Clerk and Recorder, Weld County , CO 04/I5/2.S
IIIII l���ilJ� iil��4�h �Illh'�Fi�'�I �' I�«��� YIIJii Yoh III III EG0083
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 Produce 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 Produce. The OnBase Contract ID for this acquisition is 9326.
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 $550,000. The purchase prices shown in the agreement
is $550,000.00 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, utility sheds,
fencing, trees, septic system, and a required lot line adjustment.
The agreement has been reviewed by the Attorney's Office. Hungenberg Produce 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 L of 1
2025-0996
4/14
�Cop.%3
MEMORANDUM OF
AGREEMENT TO PURCHASE
PROPERTY INTEREST
Project Code: N/A I Parcel No: RW-34
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 npV k, 1q, 2tz5 is
between Weld County
from the
Owner(s) HUNGENBERG PRODUCE, INC., A COLORADO CORPORATION (GRANTOR).
Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado
state laws and regulations. The amount of money and/or compensation listed below is full consideration for the
following land, easements, improvements, and damages of any kind.
Land — RW-34
0.666 Sq.ft❑/acres®
$111,923.05
Permanent and Slope Easements
Sq.ft❑/acres❑
$0.00
Temporary Easements
Sq.ft❑/acres❑
$0.00
Improvements:
Single Family Residence
Utility Shed
Wooden Fencing
Aggregate
Trees
$396,835.26
Shrubs
SFR Septic System
100.03' Concrete Irrigation Ditch
Owner Retaining Water Tap
Damages:
Lot Line Adjustment
$41,241.69
Management Fee
Gross Total
$550,000.00
Net Total
$550,000.00
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 mineral 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 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: 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 $550,000.00
Payable to: Hungenberg Produce, Inc., a Colorado Corporation
Order Warrant $
Payable to:
GRANTOR: HUNGENBERG PRODUCE, INC., A COLORADO CORPORATION
By:�j Its: Date:
/ X86
go COUNTY CLERK TO THE
BOARD
4.
BY: U
BOARD OF COUNTY COMMISSIONERS WELD
COUNTY, COLORADO
BY C12A APR 14 d
Deputy Clerk to the Board
Pe uck, Chtfr
APPROVED AS TO FORM:
eriiint a%
County Attorney:
Real Estate Specialist
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Carly Koppes, Clerk and Recorder, Weld County , CO
PI'IIC� t irI 111 111
Page 2 of 3
WELD/CDOT Form #784 — 04/2024
zo-zs- 0ct9 lQ
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#1328006.
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Carly Koppes, Clerk and Recorder, Weld County , CO
Nraill Nara:1',lu,'MM1KVIA i 11111
Page 3 of 3
WELD/CDOT Form #784 — 04/2024
CL
a_
HUNGENBERG
k H L FARMS, LLLP
MIS
HUNGENBERG
KHL FARMS, LLLP
HUNGENBERG PRODUCE, INC
RIGHT--OF--WAY
ACQUIRED RW-34
28,993 sf.
OR 0.666 ac.f
Pr ROW
FUThRE RIGHT-OF-WAY
R-6 6
PARC.#080322000039
RECP.#3769714 SWD, 05-20-2011
PARCEL "B" RE -116
�-- REC# 1632049, 3-15-1974
E-1/16 CORNER
S22—T6N--R65W
PLATTE. RIVER
MIDSTREAM INC.
-v
r
40`
PL
-ROW Pr -ROW
FUTURE RIGHT-OF-WAY
PL PL
NGL CRUDE
TERMINALS, LLC
5022864 Pages: 5 of 7
04/15/2025 09:28 AM Recorder, $0.0 d County CO
Carly Koppes,
MrarthriiMi
ui
iu
EXHIBIT -A
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 -El 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 UNE OF THE
SOUTHEAST ONE -QUARTER OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 89'2943" 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 THE WESTERLY UNE OF PARCEL -B OF SAID RE -116, 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 WESTERLY UNE OF
PARCEL -B, NORTH 00'50'57" WEST, A DISTANCE OF 200.00 FEET, TO A POINT 220.00 FEET NORTH OF
SAID SOUTH SECTION UNE;
THENCE DEPARTING SAID WESTERLY UNE AND ALONG A LINE 220.00 FEET FROM AND PARALLEL WITH
SAID SOUTH SECTION UNE, SOUTH 89'29'43" EAST, A DISTANCE OF 145.00 FEET, TO A POINT ON THE
EASTERLY UNE OF SAID PARCEL -B;
THENCE ALONG SAID EASTERLY UNE, SOUTH 00'50'57" EAST, A DISTANCE OF 200.00 FEET TO A POINT
ON SAID NORTHERLY RIGHT-OF-WAY UNE;
THENCE ALONG SAID NORTHERLY RIGHT--OF-WAY UNE, NORTH 89'29'43" WEST, A DISTANCE OF 145.00
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 28,993 sf. OR 0.666 a. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
,\L;.,g,cadAr
RIGHT OF WAY
ACQUISITION
HUNGENBERG
PRODUCE, INC. RW-34
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
PROJECT N0: GR-67 I SCALE:
DATE:12-17-24
DRAWN BY: DRH
SHEET: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County , CO
IIINOVIN11% � �� ti Il iA r'ikt iii litibi,11111
EXHIBIT -A
HUNGENBERG
KHL FARMS, LLLP
LINE TABLE
LINE
L1
L2
BEARING
DISTANCE
N00'50'57'W
N00'50'57'W
S89'29'43"E
S00'50'57"E
N89'29'43'W
20.01'
200.00'
145.00'
200.00'
145.00'
L.3
L4
L.5
15' FARM ACCESS EASEMENT
REC#389864(1 12-26-2012
RIGHT—OF—WAY
ACQUIRED RW-34
28,993 sf.
OR 0.666 ac.t
Pr -ROW Pr -ROW Pr -Row
FUTURE RIGHT-OF-WAY
P.O.B.
WCR-66
P.O.C.
E-1/16 COR. S22-T6N-R65W
FND 2 1/2- ALUM. CAP
LS38571 2021 IN MON. BOX
PLATTE RIVER
MIDSTREAM INC.
HUNGENBERG
KHL FARMS, LLLP
f
34
HUNGENBERG PRODUCE, INC
PARC. #080322000039
RECP.#3769714 SWD, 05-20-2011
PARCEL "B" RE -116
REC#1632049, 3-15-1974
NORTH WELD COUNTY WATER IXSTRECT
REC#4293173.. 04-12-2017
30' WATER UNE EASEMENT
Pr -ROW Pr -ROW Pr -ROW -
FUTURE RIGHT-OF-WAY
[S8B9#'274-3K
BEARING 1329.85
rL PLv� _
SE COR. S22-T6N-R65W-J
EXISTING 40'J FND 2 1/2" ALUM. CAP
RIGHT-OF-WAY LS38X58 2016 IN MON. BOX
B.O.C.C.
RD BKNGL CRUDE
RD BK 2, PG 77
APR. 07-1876 TERMINALS, LLC
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.
HUNGENBERG
PRODUCE, INC. RW-34
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County , CO
GG
N
IIIII I VIA till
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
DRAWN BY: DRH
SHEET: 2 of 2
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of
Hungenberg Produce, Inc., a Colorado Corporation. 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 Produce, Inc.
The Entity is a: Colorado Corporation
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:
Special Warranty Deed at Reception # 3769714 of the Clerk and Recorder's Records Office in Weld
County
Other matters concerning the manner in which the Entity deals with any interest in real property
are:
EXECUTED this _�_ day of ANN, L , 20Z2
Hungenberg Produce, Inc., a Colorado Corporation
By:N9�
Print Name: /1l t fsb 1,44/Cy uv -�'/
Title: Of 1-6-
Date: Q.- l Z
STATE OF(O4 fsxAta' )
COUNTY OF 'v t:I.g9 )
The foregoing instrument was acknowledged before me this 1 day of .4fait.... (r , 2025—,
by /let s/6 sy &-% as Hungenberg Produce, Inc., a Colorado
Corporation.
Witness my hand and official seal.
)§
My commission expires: Zf, V2 -.Z4
JOHNATHAN DOTY
Notary Public
State of Colorado
Notary ID # 20064006865
My Commission Expires 02-17-2026
u i
Contract Form
Entity Information
Entity Name*
HUNGENBERG PRODUCE INC
Entity ID*
X00045538
Contract Name* Contract ID
MEMORANDUM OF AGREEMENT TO PURCHASE ROW 9326
FROM HUNGENBERG PRODUCE FOR THE WCR 66
CORRIDOR PROJECT Contract Lead
CKIMMI
Contract Status
CTB REVIEW
Contract Lead Email
CKimmigweld.gov
New Entity?
Contract Description*
MOA TO PURCHASE ROW FROM HUNGENBERG PRODUCE FOR THE CR 66 PROJECT
Contract Description 2
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 04'10'2025
04 14/2025
Amount*
$550,000.00
Renewable*
N O
Automatic Renewal
N O
Grant
NO
IGA
N o
Department Email
CM-
Pu bl icWorksweld.gov
Department Head Email
CM-PublicWorks-
DeptHeadg 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
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
NO
N ote: 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
Purchasing Approver
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
Review Date*
04/04/ 2025
Committed Delivery Date
Contact Type
Contact Email
Finance Approver
CHERYL PATTELLI
Renewal Date
Expiration Date*
12/31,2025
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
04,07/2025
Tyler Ref #
AG 041425
Originator
CKIMMI
Legal Counsel
BYRON HOWELL
Legal Counsel Approved Date
04/07/2025
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