HomeMy WebLinkAbout20252814.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 — Eagle View Point, 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 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 Eagle View Point, LLC, commencing upon
full execution of signatures, with further terms and conditions being as stated insaid
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 Eagle View Point, 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 15th day of October, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc.: CACKM/AS),
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2025-2814
EG0083
Con ad-- i D 499 (0 1
Public Works Department
(970) 400-3750
1111 H St., P.O. Box 758
Greeley, CO 80632
MEMORANDUM
TO: Clerk to the Board DATE: October 2, 2025
FROM: Cameron Parrott, Sr. Engineer
SUBJECT: BOCC Agenda Item - Contract ID #9961
(Memorandum of Agreement to Purchase a Temporary
Construction Easement from Eagle View Point, LLC for the Hwy 392
@ WCR 35 Intersection Improvement Project)
This Temporary Construction Easement will allow access into an area on the
southwest corner of the existing intersection of Hwy 392 and WCR 35 needed for
the new roadway being constructed as part of the Intersection Improvement
Project. This is a consent agenda item.
2025-2814
I 0/15 EG Nn3
MEMORANDUM OF
AGREEMENT TO PURCHASE
PROPERTY INTEREST
Project Code: 24798 I Parcel No: TE-08
Project No: SHE 3921-020
Location: SH 392 and Weld CR 35
County: Weld I State Highway No: 392
This Memorandum of Agreement ("Agreement') made
on ()Cktk)& 1Si2C'Fi is
between Weld County
(GRANTEE) for the purchase of the parcel(s) listed above
Owner(s) Eagle View Point, LLC
from the
(GRANTOR).
Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado
state laws and regulations. The amount of money and/or compensation listed below is full consideration for the
following land, easements, improvements, and damages of any kind.
Land
Sq.ft❑/ acres O
$-0-
Permanent and Slope Easements
Sq.ft❑/acres❑
$ 0-
Temporary Easements (TE-08)
Sq.ft®867/acres❑
$500.00 (min)
Improvements: N/A
$-0-
Damages: N/A
Gross Total
$500.00 (min)
Additional consideration for incentive payment to Grantor if Agreement signed
by Grantor on or before September 11, 2025, per the terms stated below in
$150.00
"Other conditions."
Net Total
$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 payment 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
retarding "Just Compensation" will be in the amount of $500.00 (Gross Total).
The GRANTOR:
1) Represents that he or she is the legal owner of the property and has the right to convey the property in the
manner detailed in this Agreement;
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
GRANTOR
covenants
and legal
10) Acknowledges
to, the riget
11) GRANTOR
dump; there
hazardous
litigation
Environmental
12) GRANTOR
transfer. hat
event any of such operations may hereafter be carried on beneath the surface of said premises. the
shall perform no act which may impair the subsurface or lateral support of said premises. These
and agreements hereunder. shall inure to and be binding upon the GRANTOR and its heirs, personal
representatives, successors and assigns forever.
and agrees that by signing this Agreement, it may be waiving rights, including. but not limited
to contest GRANTEE's taking of possession or title to the property by eminent domain.
warrants and represents tee GRANTEE that the Property has never been used as a landfill or waste
has been no installation in or production, use, release, disposal, or storage on the Property of any
substances or other toxic substance, and there is no pending or threatened proceeding. inquiry, action.
or order by any court, governmental authority or agency with respect to the Property under any
Laws or otherwise.
warrants that if such properly or any part thereof is acquired by the GRANTOR after the date of
such after acquired title is conveyed to the GRANTEE.
NOTE: At GRANTOR'S
GRANTOR
estate. In transactions
as set forth above,
❑ GRANTOR
the Memorandum
The GRANTEE:
I) Will be entitled
2) Will be held
benefits due
3) Will make
4) Will take
escrow account
of title la
the payment
Uniform
sole discretion,
to the GRANTEE. GRANTEE
where GRANTOR
will be deleted from this
conveys the underlying mineral
of Agreement and the conveyance
to specific performance
harmless from any claims
under relocation law;
payment after receiving acceptable
possession and use of the parcel(s)
for the benefit of the GRANTOR,
the parcel(s) shall occur upon
from escrow to the GRANTOR,
Relocation Assistance and Real
the GRANTOR may convey the underlying mineral estate owned by
makes no representations about the nature, title or value of the mineral
conveys the underlying mineral estate to GRANTEE, Paragraphs 8 and 9,
Memorandum of Agreement and the conveyance document.
estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from
document.
of this agreement upon tender of the agreed consideration;
against the property or to any interest in the property. except for any
conveyance instruments from the GRANTOR;
when it deposits the consideration, as set forth above, into an
or when GRANTEE disburses funds to GRANTOR. Transfer
performance of any and all terms under this agreement, and release of
unless other arrangements are made that follow Title III of the
Property Acquisition Act of 1970, as amended; and
5) Will prepare
❑ Deed of
❑ Access
❑ Full Release(s)
❑ Partial
the following documents:
Dedication El Utility Easement
Deed El Permanent Easement
Book/Page: ❑ Slope Easement
Release(s) Book/Page: ® Temporary Easement
Order Warrant
$ 650.00
Payable to: Eagle View Point. LLC
Order Warrant
$
Payable to:
GRA TO
By:
IEW POINT, LLC
ate:
Date:
/ Q,
3 7
ATTEST:.
BOARD '
BY:
D C UNT E T,I-IE
s�,
aVe6C,1
BOARD OF COUNTY COMMISSIONERS WELD
COUNTY, COLORADO
BY:
Deputy Cler
to the Board
Perry Buck, Chai ti 2025
APPROVE
Att
AS TO FORM:
(1.County
ey:
Real Estate Specialist !s,
1861 i
Page 2 of 3
WELD.
04/2024
20ZS-2 UI4
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.
Page 3 of 3 WELD/COOT Form #784 — 04/2024
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-08
STA. 104+65.82 LT. to STA 105+07.78 LT. (WCR-35 Align.)
FROM
EAGLE VIEW POINT LLC
PO BOX 7
EATON, CO 80615-0007
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-08
DATE: FEBRUARY 13, 2024
LEGAL DESCRIPTION
A TEMPORARY EASEMENT NO. TE-08 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,
PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 867 SQUARE FEET (0.020 ACRES),
MORE OR LESS, BEING A PART OF THE NE1/4 OF SECTION 23, TON, R66W OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23, THENCE S39°43'24"W, 107.79 FEET TO
THE POINT OF BEGINNING;
THENCE THE FOLLOWING FOUR (4) COURSES;
1. 845°44'03"W, 59.29 FEET;
2. N89°12'57"E, 37.01 FEET;
3. 545°44'03"E, 6.91 FEET;
4. S00°46'37"E, 37.07 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 867 SQUARE FEET (0.020 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 NEE/4
OF SECTION 23, T6N, R66W OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. FROM THE
NORTHEAST CORNER OF SAID SECTION 23 BEING MONUMENTED BY A 2.5 -INCH ALUMINUM CAP
STAMPED LS 38175, 2014 IN A MONUMENT 80X AT THE NORTH END, TO THE SOUTHEAST CORNER OF
THE NE1/4 OF SAID SECTION 23, BEING MONUMENTED BY A 3.25 INCH ALUMINUM CAP STAMPED LS
38230, 2016 IN A MONUMENT BOX AT THE SOUTH END, AS BEARING 500°46'24"E, BEING A GRID BEARING
OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM
1983/2011, A DISTANCE OF 2652.70 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 Z I' " 1day of PIIA(A At-, 2025 is
made between Eagle View Point, LLC, (referred to herein as "Owner", wheth4 one or more),
whose legal address is PO Box 7, Eaton, CO, 80615, 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.
OWNER: EAGLE VIEW POINT, LLC
B
ITS:
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this ,;(day of ,4tc9a:54- , 2025,
by C. B(41-414-1ge►f,o.5 as t•i(et'i of Eagle View Point, LLC.
Witness my hand and official seal.
Notary Public
AMANDA LYNN HOOPS
Notary Public
State of Colorado
Notary ID # 20244015435
My Commission Expires 04-19-2028
COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE-08
STA. 104+65.82 LT. to STA 105+07.78 LT. (WCR-35 Align.)
FROM
EAGLE VIEW POINT LLC
PO BOX 7
EATON, CO 80615-0007
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-08
DATE: FEBRUARY 13, 2024
LEGAL DESCRIPTION
A TEMPORARY EASEMENT NO. TE-08 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,
PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 867 SQUARE FEET (0.020 ACRES),
MORE OR LESS, BEING A PART OF THE NE1/4 OF SECTION 23, TEN, R66W OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23, THENCE S39°43'24"W, 107.79 FEET TO
THE POINT OF BEGINNING;
THENCE THE FOLLOWING FOUR (4) COURSES;
1. N45°44'03"W, 59.29 FEET;
2. N89°12'57"E, 37.01 FEET;
3. S45°44'03"E, 6.91 FEET;
4. 500°46'37"E, 37.07 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 867 SQUARE FEET (0.020 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 NE1/4
OF SECTION 23, TEN, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. FROM THE
NORTHEAST CORNER OF SAID SECTION 23 BEING MONUMENTED BY A 2.5 -INCH ALUMINUM CAP
STAMPED LS 38175, 2014 IN A MONUMENT BOX AT THE NORTH END, TO THE SOUTHEAST CORNER OF
THE NE1/4 OF SAID SECTION 23, BEING MONUMENTED BY A 3.25 INCH ALUMINUM CAP STAMPED LS
38230, 2016 IN A MONUMENT BOX AT THE SOUTH END, AS BEARING 500°46'24"E, BEING A GRID BEARING
OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM
1983/2011, A DISTANCE OF 2652.70 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
LEGAL DESCRIPTION PREPARED BY.
MATHEVW E. SELDERS
DREXEL, BARRELL & CO.
1376 MINERS DRIVE, SUITE 1.07
LAFAYETTE, CO 80026
(303) 442-4338
Contract Form
Entity Information
Entity Name*
KEIRNES, C BRADLEY
Entity ID*
@00050263
Contract Name*
MEMORANDUM OF AGREEMENT TO PURCHASE A
TEMPORARY CONSTRUCTION EASEMENT FROM EAGLE
VIEW POINT, LLC FOR THE HWY 392 @ WCR 35
INTERSECTION IMPROVEMENT PROJECT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
9961
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 EAGLE VIEW POINT, LLC FOR THE
HIGHWAY 392 @ WCR 35 INTERSECTION IMPROVEMENT PROJECT. THE PROPERTY IS LOCATED ON THE
SOUTHWEST CORNER OF HWY 392 AND WCR 35.
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