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Home My WebLink About20250324.tiffResolution Approve Memorandum of Agreement to Purchase Property Interest for County Road 66 Corridor Project and authorize Chair to sign — Lytle Farms, LLC 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 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 Lytle Farms, LLC, 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 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 Lytle Farms, LLC, 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 29th day of January, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye 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 5008307 Pages: 1 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Kopps, Clerk end Recorder, Weld County , CO �L 1III l� JP:171Wtiy�le140:1.71 ��Gh iltillIA kli 11111 .Q(n1(GN/DNitio/CKi$Q) 2025-0324 oi /30/25 EG0324 Cortvadr 'Din 045 MEMORANDUM TO: Esther Gesick, CTB DATE: January 22, 2025 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Memorandum of Agreement to Purchase Property Interest from Lytle Farms LLC for ROW on the CR 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 CR 66 Corridor Project. The ROW acquisition involves the relocation of drip irrigation lines, relocation of a metal fence, and the relocation of a 20 ft metal gate that are located within the ROW limits. The agreement and offer was reviewed by the BOCC in a pass around that was returned on October 3, 2024. The commissioners approved the placement of the agreement on the BOCC agenda. The cost of shown in the agreement is $129,058.00 and includes the cost of the ROW and the relocation of the metal fence, metal gate, and drip irrigation system. The agreement has been reviewed by the Attorney's Office and Lytle Farms, LLC has already signed it. Public Works has included the acquisition of this property in its 2025 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. Page l of l 2025-0324 I /Z9 E600S3 MEMORANDUM OF AGREEMENT TO PURCHASE PROPERTY INTEREST Project Code: N/A Parcel No: RW-26, RW-28 & RW- I 28A 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 on J(1.1.1kA(A)4J xl t 2025, is between Weld County (GRANTEE) for the purchase of the parcel(s) listed above and descnihe�dtton the attached Exhibit A from the Owner(s) LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY (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-26, RW-28 & RW-28A) 2.376 Sq.ft❑/acres® $78,191.00 Permanent and Slope Easements Sq.ft❑/acres❑ $ Temporary Easements Sq.ft❑/acres❑ $ Improvements: Metal Pipe Fencing 20' Metal Cattle Gate $21,050.00 Drip Irrigation System Damages: $6,356.00 Gross Total $105,600.00 (rounded) Additional consideration for incentive payment to Grantor if Agreement signed by Grantor on or before January 31, 2024, per the terms stated below in "Other conditions." $23,458.00 Net Total $129,058.00 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 66 Corridor 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 $23,458.00 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 January 31, 2024. 2. If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business January 31, 2024, OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the incentive payment of $23,458.00. Further, OWNER understands that if the COUNTY or its representatives has not received a fully executed MOA by close of business January 31, 2024, the COUNTY'S position at any further proceedings regarding "Just Compensation" will be in the amount of $105,600.00 (Gross Total). Owner will deliver possession of the Property by, on or before September 30, 2025. During the time period between the closing and September 30, 2025, the Owner agrees to extend the Permission to Enter, granted on July 31, 2024, for the purposes of engineering and design related to the roadway improvement project. After September 30, 2025, it is expressly agreed that the parties hereto that the County, its contractors, agents, employees, and all other deemed necessary by the County, shall have the irrevocable right to possess and use the Property for the purposes of the roadway improvement project, its daily operations, access, and maintenance; provided, however, that all such parties will not unreasonably interfere with Owner's, or Owner's invitees, licensees, including tenants', access to the Owner's remainder property during such construction and use. 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 and special assessments for the current year, prorated as of the closing date; 5) Has entered into this agreement because the GRANTEE has the power of eminent domain and requires the property for public purposes; 5008307 Pages: 2 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII KAINVIC40'=:10In' killsPai'ii h 111111 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) Except 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 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, to GRANTOR'S knowledge, (i) the Property has never been used as a landfill or waste dump; (ii) 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 (iii) 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 may convey the underlying mineral estate owned by GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature, title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE, Paragraphs 8 and 9, as set forth above, will be deleted from this Memorandum of Agreement and the conveyance document. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: 1) Will be entitled to specific performance of this agreement upon tender of the agreed consideration; 2) Will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law; 3) Will make payment of 100% of the Net Total consideration to GRANTOR within thirty (30) days after receiving acceptable conveyance instruments from the GRANTOR; ; which conveyance instruments GRANTEE will deliver to GRANTOR on or before February 15, 2025; 4) Will take possession and use of the parcel(s) on the later of (1) the date it pays the consideration, as set forth above, and (2) September 30, 2025 and 5) Will prepare the following documents: Deed of Dedication ❑ General Warranty Deed ❑ Utility Easement ❑ Access Deed 0 Permanent Easement ❑ Full Release(s) Book/Page: 0 Slope Easement ❑ Partial Release(s) Book/Page: ❑ Temporary Easement Order Warrant $129,058.00 Payable to: LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY Order Warrant $ Payable to: GRANT° E FA S 4C, A COLORADO LIMITED LIABILITY COMPANY By: Its: Aie vn 6,,; - Date: ,,it y 21. �Z 5" / 5008307 Pages: 3 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carlo Konoss, Clerk and Recorder, Weld County , CO VIII I ��'Ji �Yi� �I 4CI�� i7�ah'1G� 1�'1��K M i�Y�l k 11111 Page 2 of 3 WELD/CDOT Form #784 — 04/2024 ATTEST: WELD COUNTY CLERK TO THE BOARD 1:4: BY: Va% BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: JAN 2 9 2 Deputy Clerk to the Board Perry L. Buck air I APPROVED AS TO FORM: County Attorne . Real Estate Specialist e 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. If this Agreement has not been approved by the Board of County Commissioners of Weld County, Colorado on or before February 15, 2025, then this Agreement shall be null and void. 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. 5008307 Pages: 4 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII lir1Enk4�l�f�t�i��i��Iti '�'b►14�'�P�� Wish 1I III Page 3 of 3 WELD/COOT Form #784 — 04/2024 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of Lytle Farms LLC, a Colorado Limited Liability Company. 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: Lytle Farms LLC The Entity is a: Colorado Limited Liability Company The mailing address for the Entity is: 21417 County Road 66, 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: Kaycee Lytle The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (If no limitations insert "NONE") The instrument and recording information, including the County, of the document by which title was acquired is: Quit Claim Deed at Reception#4734747 & 4588131 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 21" day of January, 2025 Lytle Farm By: Print Name: //OL y e- Lf I e — Title: nerflcier ("J.. iced Liability Company Date: /— Z / - z STATE OF A-AOC-NM\ ) COUNTY OF ) The foregoing instrument was acknowledged before me this d1- day ofc4,q\s x,,,, ("1 , 20 by Y1t\lit1C\ . as ` V Atr\i\V3 Q( of Lytle Farms LLC, a Coloro Limited Liability Compan Witness my hand and official seal. My commission expires: lt.\ )§ DEBO AH-I 1.0MBARDELLI ;VU t W„ r PUBLIC i A i L ..;OLORADO NOTS : ( Its 20014035574 MY COMMY,/OiX EXPIRES NOV. 9, 2025 Notary Public 5008307 Pages: 5 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 I riAlfWillitf lialllONMMhr kiL Mai II II EXHIBIT -A PROPERTY DESCRIPTION RW-26 A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHWEST 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 LOT -A OF RECORDED EXEMPTION NO. 0803-22-3 RECX20-0012, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4581304, DATED APRIL 08, 2020 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 89'30'34" WEST, A DISTANCE OF 1323.18 FEET, TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH UNE OF EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER, NORTH 89'30'34" WEST, A DISTANCE OF 813.49 FEET, TO THE SOUTHEAST CORNER OF SAID LOT -A; THENCE DEPARTING SAID SOUTH UNE AND ALONG THE EASTERLY LINE OF SAID LOT -A, NORTH 00'46'53" WEST, A DISTANCE OF 20.00 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 EASTERLY LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 8930'34" WEST, A DISTANCE OF 509.79 FEET, TO A POINT ON THE WESTERLY UNE OF SAID LOT -A; THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND ALONG THE WESTERLY UNE OF SAID LOT -A, NORTH 00'46'53" WEST, A DISTANCE OF 102.32 FEET; THENCE DEPARTING SAID WESTERLY UNE, NORTH 87'02'20" EAST, A DISTANCE OF 510.03 FEET, TO A POINT ON SAID EASTERLY LINE OF SAID LOT -A; THENCE ALONG SAID EASTERLY LINE, SOUTH 00'46'53" EAST, A DISTANCE OF 133.04 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 59,978 of. OR 1.377 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 5008307 Pages: 6 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII �1��+.I�: II RIGHT OF WAY ACQUISITION LYTLE FARMS LLC RW-26 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT NO: GR-67 SCALE: DATE: 8-02-24 DRAWN BY: DRH SHEET: I of 2 EXH IB IT -A R_ .'71eS..- ,t.2n2; ,.s+.E'.iDe."• 'i::Cx-+.3'.;N, ng <U<.s ;Y LE,P2 AREA SEM E,T -!'.R f=X7,1-t;CUf; ry PLPL LYTLE FARMS LLC PARC.#080322300003 RECP.#4537084 SWD, 10-31-2019 LOT A RECX20-0012 REC#4581304, 4-08-2020 L5 FUTURE RIGHT-OF-WAY OW Pr-RdM Pr -ROW BASIS OF BEARING N89'30'34"W 1323.18' W-1/16 COR. S22-T6N-RB5W FND 2 1/2" ALUM. CAP LS -38479 2019 IN MON. BOX LYTLE FARMS LLC 4AT 8 FF02 -0008 REGu4732i91.-02-2021 ,63 �sk6yd� EXISTING 40' RIGHT-OF-WAY RDBK2,PG77 APR. 07-1876 PL PL C -C-1/16 COR. S22-T6N-8656 FND 3 1/4" ALUM. CAP LS -37041 2021 KAYCEE LYTLE c tOT A FF621-0008 RW-2v` REGN4732191, 7-02-2021 RIGHT—OF—WAY ACQUIRED 59,978 of. OR P�R77 ac.± NOR, WELD GOUN'-Y P.O.B. GEISICK Al4 0641 l6l 521 ` PL GO. Pr ROW PA.C. S-1/4 COR. S22-T6N-R65W FND 31/4" ALLM. CAP LS -10855 2001 IN MON. BOX HI501 01?Xl: ivH FARMS LLLP LINE TABLE LINE Li L2 BEARING N89'30'34"W NOO'46'53"W N89'30'34"W N00'46'53"W N87'02.20"E S00'46'53"E DISTANCE, 813.49' 20.00' 509.79' 102.32' 510.03' 133.04' L3 L4 L5 L6 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERLY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION LYTLE FARMS LLC RW-26 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT NO: GR-67 SCALE: 1"=200 DATE: 8-02-24 DRAWN BY: DRH SHEET: 2 oft 5008307 Pages: 7 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� I��IPP� :I�MirJ;W44k11�14Fs'I' 11'�Y4�h 1I II EXHIBIT -A PROPERTY DESCRIPTION TWO PARCELS OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF LOT -B OF FAMILY FARM DIVISION NO. FFD21-0008, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4732191, DATED JULY 02, 2021 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RW-28 COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 89'30'34" WEST, A DISTANCE OF 1323.18 FEET, TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST UNE OF EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER, NORTH 00'52'13" WEST, A DISTANCE OF 20.01 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 66, DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS IN BOOK 2, PAGE 77, DATED APRIL 07, 1876, AND BONG THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID EASTERLY UNE AND ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 8930'34" WEST, A DISTANCE OF 222.56 FEET, TO A POINT ON THE EASTERLY UNE OF LOT -A OF SAID FFD21-0008; THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND ALONG THE EASTERLY UNE OF SAID LOT -A, NORTH 00'46'53" WEST, A DISTANCE OF 157.76 FEET, TO A POINT OF A NON -TANGENT CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE 222.27 FEET WHOSE RADIUS IS 12730.00 FEET, CENTRAL ANGLE IS 01'00'01" AND WHOSE CHORD BEARS NORTH 89'54'27' EAST, A DISTANCE OF 222.27 FEET, TO A POINT ON THE EAST LINE OF EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER; THENCE ALONG SAID EAST LINE, SOUTH 00'52'13" EAST, A DISTANCE OF 160.03 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 35,406 sf. OR 0.813 ac. MORE OR LESS. 5008307 Pages: 8 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIIINVININIMIhrrinldlakfilllithliMilia 111 II 1 RIGHT OF WAY ACQUISITION LYTLE FARMS LLC RW-28 & RW-28A WELD COUNTY, COLORADO CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT NO: GR-67 SCALE: DATE: 8.02-24 DRAWN BY: DRH SHEET: 1 of 3 EXHIBIT -A PROPERTY DESCRIPTION RW-28A COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF THE EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 89'30'34" WEST, A DISTANCE OF 1323.18 FEET, TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH UNE OF EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER, NORTH 89'30'34" WEST, A DISTANCE OF 753.47 FEET, TO A POINT ON THE WESTERLY UNE OF LOT -A OF SAID FFD21-0008; THENCE DEPARTING SAID SOUTH LINE AND ALONG THE WESTERLY LINE OF SAID LOT -A, NORTH 00'46'53" WEST, A DISTANCE OF 20.00 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 WESTERLY UNE AND ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 89'30'34" WEST, A DISTANCE OF 60.02 FEET, TO A POINT ON THE EASTERLY UNE OF LOT -A OF RECORDED EXEMPTION NO. 0803-22-3 RECX20-0012, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4581304, DATED APRIL 08. 2020; THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND ALONG SAID EASTERLY LINE, NORTH 00'46'53" WEST, A DISTANCE OF 133.04 FEET; THENCE DEPARTING SAID EASTERLY UNE, NORTH 87'02'20" EAST, A DISTANCE OF 60.05 FEET, TO A POINT ON THE WESTERLY UNE OF LOT -A OF SAID FFD21-0008; THENCE ALONG SAID WESTERLY UNE, SOUTH 00'46'53" EAST, A DISTANCE OF 136.66 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,092 of. OR 0.186 ac. MORE OR LESS. TOTAL AREA FOR RW-28 & RW-28A CONTAINS 43,498 sf. OR 0.999 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 5008307 Pages: 9 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO RIGHT OF WAY ACQUISITION LYTLE FARMS LLC RW-28 & RW-28A WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT NO: OR -67 I SCALE: DATE: 8-02-24'DRAWN BY: DRH`SHEET: 2 of 3 EXHIBIT -A `� � !tEcsc cF. S . ':2a Ci C —C -1/1B COB. r u�.:h�_t' � IEaSE .0.? 4 � 022—T6N—R65W t't LYTLE FARMS LLC FWD 3 1/4" ALUM. CAP I AlV� LS -37041 2021 5 X65 PARC.#080322300023 2 �� RECP.#4734746 QCD, 7-12-2021 I 11 �* LOT B FFD21-0008 0" REC#4732191, 7-02-2021 t;i� ultt-', EA,- , ,,R R, C:AJ?1 8J. ! t-0.--2tYz' -nE4 tIG'F F!� SAS5 F t! -cute A 1EtFG 3rEC,�.`.3C}Ba rF 108-2022�t iS!.\ ZAtENe G RE M.,gng. !F. ,03-2,122 +\f;CE5S EASEk1ENT —�-j 411 ' +—r ru PL PL LYTLE FARMS LLC Eo?A Recxzo-o71z REGKa581304,4-08-2020 RW-28A 4 PL PL KAYCEE LYTLE LOT A 7,72;-0008 RCSt732192, 7-422021 of RW-28 a RIGHT—OF—WAY t..._ Jj! I M�N N I,ti I � z�r tV N 72 RIGHT—OF—WAY L9 C1 , M p,_R ----ACQUIRED ACQUIRED NORTH WELL 35,406 sf. '—° 8,092 sf. vaTeR 7.s?R cr -+a.zr,r• OR 0.813 ac.± �Ex42ast-s o4 OR 0.186 ac. ± 100' WAFER _I.Kc EASEMENT L3 L4 40' L -- - =____ ?RO�'. L1 FUTURE RIGHT-OF-WAY p� pi, -..P* -R °f-ROV BASIS OF BEARING N89'30'34"W 1323.18' XISTING 40' RIGHT-OF-WAY RD BK 2, PG 7 -W-1/16 COR. S22—T6N—R65W APR. 07-1876 FWD 2 1/2" ALUM. CAP Pr -ROM! G.EISICK P.O.C. S-1/4 COR. S22-T6N-R65W FND 3 1/4" ALL44. LS -10855 2001 P.O.B. CAP IN MON. BOX NVNG6NBLRC, UM FARMS LLLP PL LS -38479 2019 IN MON. BOX CURVE TABLE CHD I222.27'] • 1 ! C1 127D30.00101'00'01' N89 54'27"E 1222.27' ,Q6g� DO Li 01 RIGHT-OF-WAY LINE TABLE : ACQUIRED COMBINED AREA LINE BEARING DISTANCE ;_ © � RW-28 & RW-28A L1 N00'52'13"W 20.01' _ k" 43,498 L2 N89'3O'34"W 222.56' sf. OR 0.999 ac.± L3 NO0'46'53"W 157.76' '',41.....1 3 - L4 SOO'52'13'E 160.03' '/ON ••••••1. O '' CORPORATION OF THE PRESIDING 15 N89.3°.3" 753.47' AL 1ANs. BISHOP OF THE CHURCH OF JESUS L6 N00'46'53"W 20.00' CEIRIST OF LATTER-DAY SAINTS L7 N89'30'34"W 60.02' L8 N00'46'53"W 133.04' L9 N87'02'20"E 60.05' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A L10 500'46'53"E 136.66' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION 1861 H Y G U WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT _ LYTLE FARMS LLC RW-2$ & RW-28A WELD COUNTY. COLORADO PROJECT NO: GR-67 SCALE: 1"--=200 DATE: 3-02-24 DRAWN BY: DRH[SHEET: 3 of 3 5008307 Pages: 10 of 10 01/29/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Contract orm Entity Information Entity Name * LYTLE FARMS LLC Entity ID* @00049483 Contract Name* LYTLE FARMS MOA FOR THE CR 66 CORRIDOR PROJECT Contract Status CTB REVIEW Q New Entity? Contract ID 9045 Contract Lead * CKIMMI Contract Lead Email CKimmi@weld.gov Contract Description* MOA FOR LYTLE FARMS ROW ACQUISITION FOR THE CR 66 CORRIDOR PROJECT Contract Description 2 Contract Type * AGREEMENT Amount* $129,058.00 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 Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 01 /23/2025 01/27/2025 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 * 01/21/2025 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 .CURTIS HALL DH Approved Date 01/23/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01/29/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 01/24/2025 01/24/2025 Tyler Ref # AG 012925 Originator CKIMMI Hello