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HomeMy WebLinkAbout20252812.tiffResolution Approve Memorandum of Agreement to Purchase Property Interest for Temporary Construction Easement for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign — Richard and Francis Geisert 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 a Temporary Construction Easement for the State Highway 392 and County Road 35 Intersection Improvements Project 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 Richard and Francis Geisert( 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 a Temporary Construction Easement for the State Highway 392 and County Road 35 Intersection Improvements Project 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 Richard and Francis Geisert, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc.: CAC Vi rY, I AS ), PLO (CPI c‘-‘1On I KI-1 / OO156) 2025-2812 1u \3u ,\ aS EG0083 Memorandum of Agreement to Purchase Property Interest for Temporary Construction Easement for State Highway 392 and County Road 35 Intersection Improvements Project — Richard and Francis Geisert 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 15th day of October, 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 2025-2812 EG0083 Cunvctc*IDSc°\1 Public Works Department (970) 400-3750 1 111 H St., P.O. Box 758 Greeley, CO 80632 MEMORANDUM TO: Clerk to the Board FROM: Cameron Parrott, Sr. Engineer DATE: October 2, 2025 SUBJECT: BOCC Agenda Item - Contract ID #9891 (Memorandum of Agreement to Purchase a Temporary Construction Easement from Richard and Francis Geisert for the Hwy 392 @ WCR 35 Intersection Improvement Project) This Temporary Construction Easement will allow the project to tie the Geisert's existing driveway into the new roadway being constructed as part of the Hwy 392 @ WCR 35 Intersection Improvement Project. This is a consent agenda item. 2025-2812 10/15 gcoO$3 MEMORANDUM OF :1GREEMENT TO PURCHASE PROPERTY INTEREST Project Code: 24798 Parcel No: TE-06 Project No: SHE 3921-020 I °cation: SH 392 and V‘ eld CR 35 County: Weld State Highway No: 392 This Memorandum of Agreement ("Agreement") made on Q(*rQ€..V iSiniSF is between Weld County (GRANTEE Owner(s) 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. ) for the purchase of the parcel(s) listed above from the Richard Geisert and Francis Geisert (GRANTOR) Land Permanent tnd Slope Easements l'emporary Easements (TE-06) Improvements: N/A Damages: Is Gross Total VA Sq. ft[]/acres Sq. It563/acres Additional consideration lift incentive payment to Grantor if Agreement signed by Grantor on or before -tee 2025. per the terms s a e - How it t ther conditions."S el -c m 17-c( L( L 0 5 7.4 V Net Total $-0- $-0- $135.12 $-0- $500.00 (min $150.00 $650.00 Other conditions: See attached Addendum. Grantor (OWNER) is hereby advised Grantee (the COUNTY), its employees, contractors or representatives, is seeking to accelerate the State Highway 392 and Weld County Road 35 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 $150.00 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 September 11, 2025. 2. If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business September 11, 2025 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the incentive pay ment of $150.00. Further, OWNER understands that if the COUNTY or its representatives has not received a fully executed MOA by close of business September 11, 2025, the COUNTY's position at any further proceedings regarding `'Just Compensation" will be in the amount of $500.00 (cross 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; 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 follow ing 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 losing from the proceeds of the transaction hereby contemplated or from any lawful other source; 7) Will exdcute 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. ithout payment of further compensation to the GRANTOR, any and all sand, gravel, earth. rock. aid 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 10) that to, 11) 12) GRANTOR covenants and Acknowledges GRANTOR dump; hazardous litigation Environmental GRANTOR transfer. the in legal the right there that event and representatives, substances or shall to warrants has order warrants such agreements contest Laws any of such perform successors and agrees GRANTEE's and been no installation or other by any court, or otherwise. that after acquired no hereunder, that represents if operations act by toxic governmental such which and signing taking in substance. property title is m»a> ma> shall assigns to GRANTEE or conveyed inure this of production, or hereafter impair possession authority an> Agreement, and to forever. to the and that there part the be use, thereof carried subsurface be binding it or title the release, is no or agency GRANTEE. may Property pending is on beneath or upon be to the disposal, with acquired lateral the waiving property has or respect never threatened by die support or GRANTOR the surface rights, by been storage to the GRANTOR of including, eminent proceeding. of said used on Property said and the as premises. its domain. a Property under after premises. but landfill heirs, inquiry, the not any These personal limited or of date the waste any action. of NOTE: GRANTOR estate. as set At In forth transactions GRANTOR'S above, to the GRANTEE. will where be sole deleted discretion, GRANTOR GRANTEE from the conveys this GRANTOR makes Memorandum no the representations underlying may of convey the about mineral Agreement underlying the estate and the nature. to mineral title GRANTEE, conveyance or document. estate value Paragraphs owned of the mineral 8 by and 9. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from the The 1) 2) 3) 4) Will benefits Will escrow of the Memorandum Will Will GRANTEE: title take payment be be make to entitled held due possession account the payment harmless under parcel(s) from of to for Agreement specific relocation after and the escrow from benefit shall receiving use to performance any of occur the and claims law; the of the the GRANTOR. acceptable parcel(s) upon conveyance GRANTOR, against of performance this conveyance when unless agreement the document. property it deposits or of other when upon instruments any arrangements or GRANTEE and to the tender any all consideration, terms interest of the from disburses are in the under made agreed consideration; the property, GRANTOR; as set funds this agreement, that forth to follow GRANTOR. except above, Title and for any into an Transfer release of III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended; and 5) Will prepare the following documents: Deed of Dedication Utility Easement :Access Deed Permanent Easement Full Release(s) Book/Page: Slope Easement Partial Release(s) Book/Page: /1 Temporary Easement Order Warrant $ 650.00 Payable to: Richard and Francis Geisert Order Warrant $ Payable to: GRANT R: RICHARD ND FRANCIS GEISERT t By: �.�.-_---I- e a �.,• e tALt'. Date: Yfi r� ' ZS , i (44,1ari fA1i ; � :I Date: ATTEST: BOARD WELD COUNTY CLERK TO 4rKjAti TIIE a e eit: BOARD COUNTY. OF COUNTY COLORADO COMMISSIONERS WELD BY: BY: a025 Deputy Clerk to the Board Perm Buck. Chat :.. APPROVED County Attorney: AS TO 8 FORM: ar, 94,,,tio Real Estate Specialist Ld a '11t61. . -r ---- Page 2 of 3 ?oZS ?%IL u -fl 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. 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. Page 3 of 3 WELD/CDOT Form #784 — 04/2024 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number: TE-06 STA. 109+57.97 LT. to STA 109+83.94 LT. (WCR-35 Align.) FROM RICHARD H. AND FRANCIS M. GEISERT PO BOX 1265 GREELEY, CO 80632-1265 FOR Project Code: 24798 Project Number: SHE 3921-020 Location: CO 392 & Weld CR 35 EXHIBIT A PROJECT CODE: 24798 PROJECT NUMBER: SHE 3921-020 TEMPORARY EASEMENT NUMBER: TE-06 DATE: FEBRUARY 13, 2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO. TE-06 OF THE COUNTY OF DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 563 SQUARE FEET (0.013 ACRES), MORE OR LESS, BEING A PART OF THE SE1/4 OF SECTION 14, T6N, KEW OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LOCATED IN LOT 2 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14, THENCE N07°41'54"W, 413.21 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR (4) COURSES; 1. N00°44'55"W, 23.17 FEET; 2. N83°46'59"W, 23.06 FEET; 3. S06°13'01"W, 23.00 FEET; 4. 583°46'59"E, 25.87 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 563 SQUARE FEET (0.013 ACRES) MORE OR LESS. THE PURPOSE OF THE ABOVE -DESCRIBED TEMPORARY EASEMENT IS FOR ACTIVITIES ASSOCIATED WITH ROADWAY CONSTRUCTION. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14, TEN, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5 -INCH ALUMINUM CAP STAMPED LS 38175, 2014 IN A MONUMENT BOX AT THE SOUTH END, TO THE NORTHEAST CORNER OF THE 5E1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285, 2016 IN A MONUMENT BOX AT THE NORTH END, AS BEARING N00'44'55"W, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011, A DISTANCE OF 1317.12 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. LEGAL DESCRIPTION PREPARED BY: MATHEW E. SELDERS DREXEL, BARRELL & CO. 1376 MINERS DRIVE, SUITE 107 LAFAYETTE, CO 80026 (303)442-4338 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), executed this 7 Ot?day of20jis made between Richard and Francis Geisert, (referred to herein as "Owner", whether one or.more), whose legal address is 33075 County Road 35, Greeley, CO, 80631, 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 is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any* and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in Substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the road Right -of -Way shall remain open throughout the term of the TCE. ffOWNER: Richard Geisert Francis Geisert STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this (21-41, day of A Li , 2025, by Richard Geisert and Francis Geisert. Witness my hand and official seal. Not y Public NATHANIEL LENGEMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20254024143 MY COMMISSION EXPIRES JUNE 30, 2029 (Version 2024-01-30) COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number: TE-06 STA. 109+57.97 LT. to STA 109+83.94 LT. (WCR-35 Align.) FROM RICHARD H. AND FRANCIS M. GEISERT PO BOX 1265 GREELEY, CO 80632-1265 FOR Project Code: 24798 Project Number: SHE 3921-020 Location: CO 392 & Weld CR 35 EXHIBIT A PROJECT CODE: 24798 PROJECT NUMBER: SHE 3921-020 TEMPORARY EASEMENT NUMBER: TE-06 DATE: FEBRUARY 13, 2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO. TE-05 OF THE COUNTY OF DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 563 SQUARE FEET (0.013 ACRES), MORE OR LESS, BEING A PART OF THE SE1/4 OF SECTION 14, TEN, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LOCATED IN LOT 2 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14, THENCE N07°41'54"W, 413.21 FEET TO THE. POINT OF BEGINNING; THENCE THE FOLLOWING FOUR 14) COURSES; 1. 500°44'55"W, 23.17 FEET; 2. N83°4.6'59"W, 23,05 FEET; 3. SD5°13'01"W, 23,00 FEET; 4. S83°46'59"E, 25.87 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 563 SQUARE FEET (0.013 ACRES) MORE OR LESS. THE PURPOSE OF THE ABOVE -DESCRIBED TEMPORARY EASEMENT IS FOR ACTIVITIES ASSOCIATED WITH ROADWAY CONSTRUCTION. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14, TEN, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5 -INCH ALUMINUM CAP STAMPED LS 38175, 2014 IN A MONUMENT BOX AT THE SOUTH END, TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285, 2016 IN A MONUMENT BOX AT THE NORTH END, AS BEARING ND0°44'55"W, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011, A DISTANCE OF 1317.12 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. LEGAL DESCRIPTION PREPARED BY: MATHEW E, SELDERS DREXEL, BARRELL & CO. 1376 MINERS DRIVE, SUITE 107 LAFAYETTE, CO 80026 (303)442-4338 Contract For Entity Information Entity Name" GEISERT, RICHARD Entity ID* @00050217 Q New Entity? Contract Name* Contract ID MEMORANDUM OF AGREEMENT TO PURCHASE A 9891 TEMPORARY CONSTRUCTION EASEMENT FROM RICHARD AND FRANCIS GEISERT FOR THE HWY 392 @ WCR 35 INTERSECTION IMPROVEMENT PROJECT Contract Status CTB REVIEW Contract Lead * CPARROTT Contract Lead Email cparrott@weld.gov Parent Contract ID Requires Board Approval YES Department Project # GR-64 Contract Description * AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT FROM RICHARD AND FRANCIS GEISERT FOR THE HWY 392 @ WCR 35 INTERSECTION IMPROVEMENT PROJECT. Contract Description 2 THIS IS A CONSENT AGENDA ITEM Contract Type * Department AGREEMENT PUBLIC WORKS Amount* $650.00 Renewable * NO Automatic Renewal NO Grant NO IGA NO 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* 10/09/2025 10/13/2025 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 * 11/30/2026 Committed Delivery Date Renewal Date Expiration Date* 12/31/2026 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 10/10/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/15/2025 Finance Approver RUSTY WILLIAMS Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 10/13/2025 10/13/2025 Tyler Ref* AG 101525 Originator CPARROTT Hello