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HomeMy WebLinkAbout20250582.tiffResolution Approve Memorandum of Agreement to Purchase Property Interest for Right -of -Way Acquisition for County Roads 13 and 54 Intersection Roundabout Project (Northwest 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 (Northwest 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 (Northwest 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. 5014282 Pages: 1 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII��R� a�� �h��M1k4 �I:�L�4+lG1�Ii��F �'�Y4rJti �I PI G C ; P41(CH /DN/Db/CK/58) o3/o4 /1S 2025-0582 EG0083 Memorandum of Agreement to Purchase Property Interest for Right -of -Way Acquisition for County Roads 13 and 54 Intersection Roundabout Project (Northwest 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 5014282 Pages: 2 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 itChi Ii1V.IAUlt Li II III 2025-0582 EG0083 Cbni-vac-Nb U 3(4, 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 Northwest Corner of the Intersection DEPARTMENT: Public Works DATE: January 28, 2025 PERSON REQUESTING: Clav 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 1.775 acres of right of way (ROW), 0.600 acres of permanent easements, and 4.909 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, the easements, the temporary construction easements, and the improvements at $488,000. LRM was given the opportunity to obtain an appraisal for the property. Their appraisal valued the land, easements, and improvements at $247,000. 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 $ 69,225.00 $ 11,700.00 $ 38,290.00 $368,300.00 $487,515.00 $488,000.00 $ 24,277.50 $515,288.50 Permanent Easements Temporary Construction Easements House and Associated Improvements Subtotal Subtotal Rounded Up to Nearest $500.00 30% Incentive on Land & Permanent Easements Total What options exist for the Board? In order to acquire the needed ROW for the CR 54/13 Roundabout 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. 3/3 2025-0582 EC-, an3 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 $650,000.00 from the $515,288.50 initial offer. If LRM counters with more than $650,000, Public Works will return to the BOCC for approval before proceeding. Support Recommendation Schedule Place on BOCC Aoenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross -40A-- raer OC grsirj. vte_ Avoi_ et.IA 4A,cionyvi), too v1/4x_. cveor WOW ct,4-6544(iii iij tAAO- t.). 6'9(1 ae5(1'14 MEMORANDUM TO: Esther Gesick, CTB DATE: February 24, 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 removal of a single family dwelling, the removal of a stand-alone garage, the purchase of ROW, permanent easements for Little Thompson Water District and Poudre Valley REA, and the purchase of a temporary construction easement that will be used as a staging area once construction starts. The agreement and offer was reviewed by the BOCC in a pass around that was returned on January 28, 2025 The commissioners approved the placement of the agreement on the BOCC agenda. The cost of shown in the agreement is $512,277.50 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 l of 1 MEMORANDUM OF AGREEMENT TO PURCHASE PROPERTY INTEREST Project Code: 24989 Parcel No: RWE-01, PE -01, TE- 01, RWE-03, PE -03, TE-03 Project No: STU C030-085 Location: WCR 13 & 54 Roundabout County: Weld State Highway No: N/A This Memorandum of Agreement ("Agreement") made (GRANTEE) for the purchase of the parcel(s) listed above on P yC`lo 3120Z5, is between Weld County from the Owner(s) Loveland Ready -Mix Concrete, Inc. (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-01, RWE-03) 1.775 Sq.ft❑/acres® $69,225.00 Permanent and Slope Easements (PE-01,PE-03) 0.6 Sq ft❑/acres® $11,700.00 Temporary Easements (TE-01, TE-03) 4.909 Sq.ft❑/acres® $38,290.00 Improvements: Single-family home and detached garage, excluding water tap which is not being acquired. $368,300.00 Damages: Gross Total $488,000.00 (R) Additional consideration for incentive payment to Grantor if Agreement signed by Grantor on or before March 6, 2025, per the terms stated below in "Other $24 277.50 ' iti#s•„ $512,277.50 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 $24,277.50 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 March 6, 2025. 2. If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business March 6, 2025 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the incentive payment of $24,277.50. Further, OWNER understands that if the COUNTY or its representatives has not received a fully executed MOA by close of business March 6, 2025, the COUNTY's position at any further proceedings regarding "Just Compensation" will be in the amount of $488,000.00 (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; 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. II) 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, the GRANTOR to the GRANTEE. GRANTEE estate. In transactions where GRANTOR conveys as set forth above, will be deleted from this ❑ GRANTOR conveys the underlying miner the Memorandum of Agreement and the c The GRANTEE: I ) Will be entitled to specific performance 2) Will be held harmless from any claims against 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 GRANTOR may convey the underlying mineral estate owned by makes no representations about the nature, title or value of the mineral the underlying mineral estate to GRANTEE, Paragraphs 8 and 9. Memorandum of Agreement and the conveyance document. estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from eyance document. to of this agreement upon tender of the agreed consideration; 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 111 of the Property Acquisition Act of 1970, as amended; and 5) Will prepare the following documents: Larimer County Deed of Dedication ❑ General Warranty Deed 0 Utility Easement ❑ Access Deed ® Permanent Easement ❑ Full Release(s) Book/Page: 0 Slope Easement ❑ Partial Release(s) Book/Page: ® Temporary Easement Order Warrant $512,277.50 Payable to: Loveland Ready -Mix Concrete, inc. Order Warrant $ Payable to: GRA • ' . . 1. Rereete Inc. By: �� � � �/ . As: MS/ O f'Yl c Date: 02-2/-26Z5 ATTEST: 9,O COUNTY l,ERK TO TE BOARD (Grp_ �I(1,•J�_4 BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ®� MAR 0 l$6t BY� ,�`���G� Depu lerk to the Board Perry L. Buck, au APPROVED AS TO FORM: ��j^� County Attorney: Real Estate Specialist A---tz- 5014282 Pages: 4 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk Record, Weld County , CO �rk and ulikttiNLYiktii LAIN rage t of i WELD T.T Fonn 4784 — 04:2024 Z 625-b57O- LARIMER COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RWE-01 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 5014282 Pages: 5 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII EXHIBIT "A" PROJECT CODE: 24989 PROJECT NUMBER: STU C030-085 PARCEL NUMBER: RWE-01 DATE: April 04, 2024 LEGAL DESCRIPTION A tract or parcel of land No. RWE-01 of the Department of Transportation, State of Colorado, Project Code 24989, Project Number STU C030-085, containing 19,085 square feet (0.438 acres), more or less, being a part of the West One -Half of the East One -Half of the Southeast One -Quarter (SE1/4) of Section 24, 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. 2002071557, Dated July 03, 2002, and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 24; Thence North 82°24'05" West, a distance of 686.88 feet, to a point on the East line of said West One -Half of the East One -Half of the Southeast One -Quarter, said point being the POINT OF BEGINNING. 1. Thence along said East line, South 00°24'10" West, a distance of 28.00 feet, to a point on the Northerly 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 reception No. 20080006283, dated January 31, 2008; 2. Thence along said Northerly Right -of -Way line, North 89°45'44" West, a distance of 681.57 feet, to a point on the West line of said West One -Half of the East One -Half of the Southeast One -Quarter; 3. Thence along said West line, North 00°18'45" East, a distance of 28.00 feet; 4. Thence departing said West line, South 89°45'44" East, a distance of 681.61 feet to the POINT OF BEGINNING. The above -described parcel contains 19,085 sf. (0.438 ac.), more or less. Basis of Bearings: The South line of the East One -Half of the Southeast One -Quarter of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Southeast Corner of said section 24, 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 24, 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 5014282 Pages: 6 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 ki nkf it uwXiklt Id till LARIMER COUNTY REAL PROPERTY TO BE ACQUIRED Permanent Easement Number: PE -0l FROM Loveland Ready -Mix Concrete, Inc. P.O. Box 299 Loveland, CO 80539 FOR Project Code: 24989 Project Number; STU C030-085 Location: WC 13 & WC54 Roundabout 5014282 Pages: 7 of 16 03/04/2025 10:37 AM R Fee:90.00 Carly Koppes, Clerk and Recorder, Weld County , CO iv':tiYIA 111111 EXHIBIT "B" PROJECT CODE: 24989 PROJECT NUMBER: STU C030-085 PERMANENT EASEMENT NUMBER: PE -01 DATE: April 04, 2024 LEGAL DESCRIPTION A Permanent Easement No. PE -01 of the Department of Transportation, State of Colorado, Project Code 24989, Project Number STU C030-085, containing 13,633 square feet (0.313 acres), more or less, being a part of the West One -Half of the East One -Half of the Southeast One -Quarter (SE1/4) of Section 24, 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. 2002071557, Dated July 03, 2002, and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 24; Thence North 82°24'05" West, a distance of 686.88 feet, to a point on the East line of said West One -Half of the East One -Half of the Southeast One -Quarter, said point being the POINT OF BEGINNING. 1. Thence departing said East line, North 89°45'44" West, a distance of 681.61 feet, to a point on the West line of said West One -Half of the East One -Half of the Southeast One -Quarter; 2. Thence along said West line, North 00°18'45" East, a distance of 20.00 feet; 3. Thence departing said West line, South 89°45'44" East, a distance of 681.64, to a point on the East line of said West One -Half of the East One -Half of the Southeast One -Quarter; 4. Thence along said East line, South 00°24'10" West, a distance of 20.00 feet, to the POINT OF BEGINNING. The above -described parcel contains 13,633 sf. (0.313 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 South line of the East One -Half of the Southeast One -Quarter of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Southeast Corner of said section 24, 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 24, 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 N Street Greeley, CO 80632 5014282 Pages: 8 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO X111l��.rrs141h �h �'I Ir�h�h1�1��w �F ��iYrr Bill LARIMER COUNTY REAL PROPERTY TO BE ACQUIRED Temporary Easement Number: TE-01 FROM Loveland Ready -Mix Concrete, Inc. P.O. Box 299 Loveland, CO 80539 FOR Project Code: 24989 Project Number: STU C030-085 Location: WC 13 & WC54 Roundabout 5014282 Pages: 9 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII IFJCIMIKIIIIIIK'IWICh141k110lk1(11104 h �I III EXHIBIT "C" PROJECT CODE: 24989 PROJECT NUMBER: STU C030-085 TEMPORARY EASEMENT NUMBER: TE-01 DATE: April 04, 2024 LEGAL DESCRIPTION ATemporary Easement No. TE-01 of the Department of Transportation, State of Colorado, Protect Code 24989, Project Number STU C030-085, containing 15,470 square feet (0.355 acres), more or less, being a part of the West One -Half of the East One -Half of the Southeast One -Quarter (SE1/4) of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian (6 P.M.), County of Latimer, State of Colorado, being a portion cf that warranty deed filed in the Lorimer County Clerk and Recorders office under reception No. 2002071557, Dated July 03, 2002 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 24, Thence North 82°24'05" West, a distance of 686.88 feet, to a point on the East line of said West One -Half of the East One -Half of the Southeast One -Quarter, said point being the POINT OF BEGINNING. 1. Thence departing said East line, North 89°45'44" West, a distance of 681.61 feet, to a point on the West line of said West One -Half of the East One -Half of the Southeast One -Quarter; 2. Thence along said West line, North 00°18'45" East, a distance of 20.00 feet; 3. Thence departing said West line, South 89°45'44" East, a distance of 354.74 feet; 4. Thence North 54°23'01" East, a distance of 79.62 feet; 5. Thence South 41°10'45" East, a distance of 29.41 feet; 6. Thence South 50°15'25" West, a distance of 38.26 feet; 7. Thence South 89°45'44" East, a distance of 272.23 feet, to a point on the East line of said West One -Half of the East One -Half of the Southeast One -Quarter; 8. Thence along said East line, South 00°24'10" West, a distance of 20.00 feet to the POINT OF BEGINNING. The above -described parcel contains 15,470 sf. (0.355 ac.), more or less. The purpose of the above -described Temporary Easement is for activities associated with roadway construction. Basis of Bearings: The South line of the East One -Half of the Southeast One -Quarter of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian, County of Lorimer, State of Colorado. From the Southeast Corner of said section 24, 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 24, 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 5014282 Pages: 10 of 16 03/04/2025 10:37 AM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO X111I P.rl1R VUL4WRlill LIAM Y4r I11I LARIMER COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RWE-03 FROM Loveland Ready -Mix Concrete, Inc. P.O. Box 299 Loveland, CO 80539 FOR Project Code: 24989 Project Number: STU C030-085 Location: WC 13 & WC54 Roundabout 5014282 Pages: 11 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO iii l��.rL'�.RI 4�vvit «4l ky�'Mi ti' �:��l�ti Yid iI II EXHIBIT "A" PROJECT CODE: 24989 PROJECT NUMBER: STU C030-085 PARCEL NUMBER: RWE-03 DATE: April 04, 2024 LEGAL DESCRIPTION A tractor parcel of land No. RWE-03 of the Department of Transportation, State of Colorado, Project Code 24989, Project Number STU C030-085, containing 58,237 square feet (1.337 acres), more or less, being a part of the East One -Half of the East One -Half of the Southeast One -Quarter (SE1/4) of Section 24, 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. 2002071557, Dated July 03, 2002 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 24; Thence North 82"24'05" West, a distance of 686.88 feet, to a point on the West line of said East One -Half of the East One -Half of the Southeast One -Quarter, said point being the POINT OF BEGINNING. 1. Thence departing said West line, South 89'45'44" East, a distance of 233.58 feet; 2. Thence North 67°49'28" East, a distance of 392.33 feet; 3. Thence North 00"29'36" East, a distance of 727.58 feet; 4. Thence South 89"30'24" East, a distance of 16.00 feet, to a point on the westerly Right -of -Way line of Larimer County Road 1 as described in Deed of Dedication filed in the Larimer County Clerk and Recorders office under Reception No. 20080006283, dated January 31, 2008; 5. Thence along said Westerly Right -of -Way line, South 00"29'36" West, a distance of 905.10 feet, to a point on the Northerly 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. 20080006283, dated January 31, 2008; 6. Thence along said Northerly Right -of -Way line, North 89'45'44" West, a distance of 611.56 feet, to a point on the West line of said East One -Half of the East One -Half of the Southeast One -Quarter; 7. Thence along said West line, North 00"24'10" East, a distance of 28.00 feet, to the POINT OF BEGINNING. The above -described parcel contains 58,237 sf. (1.337 ac.), more or less. Basis of Bearings: The South line of the East One -Half of the Southeast One -Quarter of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Southeast Corner of said section 24, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 17662, Ina monument box at the East end, to the East One -Sixteenth corner of said section 24, 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 God 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 5014282 Pages: 12 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 1NrRAlidiMRTlMMLSVIVINDil 11111 LARIMER COUNTY REAL PROPERTY TO BE ACQUIRED Permanent Easement Number: PE -03 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 5014282 Pages: 13 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly KopPes, Clerk and Recorder, Weld County , CO 1111 iiirallkilliNIFANIMIN1h4Vitilif Mk 11111 EXHIBIT "B" PROJECT CODE: 24989 PROJECT NUMBER: STU C030-085 PERMANENT EASEMENT NUMBER: PE -03 DATE: April 04, 2024 LEGAL DESCRIPTION A Permanent Easement No. PE -03 of the Department of Transportation, State of Colorado, Project Code 24989, Project Number STU C030-085, containing 12,522 square feet (0.287 acres), more or less, being a part of the East One - Half of the East One -Half of the Southeast One -Quarter (SE1/4) of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian (6 P.M.), County of Lorimer, State of Colorado, being a portion of that warranty deed filed in the Lorimer County Clerk and Recorders office under reception No. 2002071557, Dated July 03, 2002 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 24, Thence North 82°24'05" West, a distance of 686.88 feet, to a point on the West line of said East One -Half of the East One -Half of the Southeast One -Quarter, said point being the POINT OF BEGINNING. 1. Thence along said West line, North 00°24'10" East, a distance of 20.00 feet; 2. Thence departing said West line, South 89°45'44" East, a distance of 229.56 feet; 3. Thence North 67°49'28" East, a distance of 396.72 feet; 4. Thence South 00°29'36" West, a distance of 21.67 feet; 5. Thence South 67°49'28" West, a distance of 392.33 feet; 6. Thence North 89°45'44" West, a distance of 233.58 feet, to the POINT OF BEGINNING. The above -described parcel contains 12,522 sf. (0.287 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 South line of the East One -Half of the Southeast One -Quarter of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian, County of Lorimer, State of Colorado. From the Southeast Corner of said section 24, 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 24, 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 5014282 Pages: 14 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII ���RQ hi MA'AM iiN1 l 2 1 "Ill LARIMER COUNTY REAL PROPERTY TO BE ACQUIRED Temporary Easement Number: TE-03 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 5014282 Pages: 15 of 16 03/04/2025 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII IOctI I hillA14..111,0Ii lii lfi ship' Gd& II II 1 EXHIBIT "C" PROJECT CODE: 24989 PROJECT NUMBER: STU C030-085 TEMPORARY EASEMENT NUMBER: TE-03 DATE: April 04, 2024 LEGAL DESCRIPTION A Temporary Easement No. TE-03 of the Department of Transportation, State of Colorado, Project Code 24989, Project Number STU C030-085, containing 198,388 square feet (4.554 acres), more or less, being a part of the East One -Half of the East One -Half of the Southeast One -Quarter (SE1/4) of Section 24, 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. 2002071557, Dated July 03, 2002, and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 24; Thence North 82°24'05" West, a distance of 686.88 feet, to a point on the West line of said East One -Half of the East One -Half of the Southeast One -Quarter, said point being the POINT OF BEGINNING. 1. Thence along said West line, North 00°24'10" East, a distance of 20.00 feet; 2. Thence departing said West line, South 89°45'44" East, a distance of 185.63 feet; 3. Thence North 00°29'36" East, a distance of 513.35 feet; 4. Thence South 89°30'24" East, a distance of 400.00 feet; 5. Thence North 00°29'36" East, a distance of 345.65 feet; 6. Thence South 89°30'24" East, a distance of 10.00 feel 7. Thence South 00°29'36" West, a distance of 727.58 feet; 8. Thence South 67°49'28" West, a distance of 392.33 feet; 9. Thence North 89°45'44" West, a distance of 233.58 feet, to the POINT OF BEGINNING. The above -described parcel contains 198,388 sf. (4.554 ac.), more or less. The purpose of the above -described Temporary Easement is for activities associated with roadway construction. Basis of Bearings: The South line of the East One -Half of the Southeast One -Quarter of Section 24, Township 5 North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado. From the Southeast Corner of said section 24, 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 24, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped IS 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 5014282 Pages: 16 of 16 03/04/2025 10:37 AM R Fee :$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 11111 Nib "III Contract Form Entity Information Entity Name* LOVELAND READY -MIX Entity ID* @00020029 Contract Name* MEMORANDUM OF AGREEMENT FOR THE PURCHASE OF PROPERTIES ON THE NW CORNER OF THE CR 54/13 INTERSECTION Contract Status CTB REVIEW ❑ New Entity? Contract ID 9136 Contract Lead * CKIMMI Contract Lead Email CKimmi@weld.gov Parent Contract ID Requires Board Approval YES Department Project # GR-70 Contract Description * MOA TO ACQUIRE RIGHT OF WAY, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FROM LOVELAND READY -MIX ON THE NORTHWEST CORNER OF THE CR 54/13 INTERSECTION Contract Description 2 THE PROPERTY IS LOCATED IN LARIMER COUNTY SO THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS WILL HAVE TO ACCEPT THE DEED OF DEDICATION. Contract Type* AGREEMENT Amount* $512,277.50 Renewable * NO Automatic Renewal NO Grant NO IGA NO Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 02/27/2025 03/03/2025 Department Email CM- Will a work session with BOCC be required?* PublicWorks@weld.gov HAD 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 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 Review Date * 02/24/2025 Committed Delivery Date Renewal Date Expiration Date* 12/31/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DUANE NAIBAUER CHERYL PATTELLI ADRIA SCHIEL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/25/2025 02/26/2025 02/26/2025 Final Approval BOCC Approved Tyler Ref # AG 030325 BOCC Signed Date Originator CKIMMI BOCC Agenda Date 03/03/2025 Hello