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Home My WebLink About20250997.tiffResolution Approve Acceptance of Deed of Dedication for Purchase of Public Road Right -of -Way for County Road 66 Corridor Project (RW-34) and Authorize Chair to Sign — Hungenberg Produce, Inc. Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on the 14th day of April, 2025, by Resolution #2025-0996, the Board of County Commissioners of Weld County, Colorado, approved the Memorandum of Agreement for Purchase of Property Interest for the County Road 66 Corridor Project (RW-34) with Hungenberg Produce, Inc., and Whereas, pursuant to said agreement, the Board has been presented with a Deed of Dedication for the Purchase of Public Road Right -of -Way for the County Road 66 Corridor Project (RW-34) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hungenberg Produce, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said deed, and Whereas, after review, the Board deems it advisable to approve and accept said deed, 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 Deed of Dedication for the Purchase of Public Road Right -of -Way for the County Road 66 Corridor Project (RW-34) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Hungenberg Produce, Inc., be, and hereby is, approved and accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said deed. 5022865 Pages: 1 of 2 04/15/2025 09:28 AM R Fee:$0.00 Carly KoRPes, Clerk and Recorder, Weld County , CO IIIIIVAIlvidlirelikifirrAtilikiwaiVikilk "Ill cc ; pw (c H/DN1DD/cK/S Lid 04/15/25 2025-0997 EG0083 Acceptance of Deed of Dedication for Purchase of Public Road Right -of -Way for County Road 66 Corridor Project (RW-34) — Hungenberg Produce, 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 14th day of April, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5022865 Pages: 2 of 2 04/15/2025 09:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIII Iran%WiltVgifi IN FA Id Bill 2025-0997 EG0083 MEMORANDUM TO: Esther Gesick, CTB DATE: April 7, 2025 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of Deed of Dedication for Hungenberg Produce Property on the CR 66 Corridor Project Please place the attached Acceptance of the deed of dedication for the Hungenberg Produce ROW parcel on the BOCC agenda. The OnBase ID for the MOA is 9326. Page 1 of 1 M:\ —Active Projects.CR 66 Corridor \02 - Design \ROW Hungenberg Properties \Hungenberg Produce\Deed of Dedication \Hungenberg Produce Memo to CTB.docx 2025-0997 4/ILk EC-1OO7S3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this l� day of pY 20 25 , between Hungenberg Produce, Inc., a Colorado Corporation (referred to herein as " cantor", whether one or more), whose legal address is 31466 Weld County Road 39 ''/2, 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 "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, 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 A. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: HUNGENBERG PRODUCE, INC., A COLORADO CORPORATION By: ill r kt M.. STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /4� day of /W., , 2025, by p 1/4 Akeia& ei!&�e6 as V, C.- P0,-Cit>&" of Hungenberg Produce, Inc., Colorado Corporation. Witness my hand and official seal. �- My Commission Expires: l VzoZo N • ary Public JOHNATHAN DOTY Notary Public State of Colorado Notary ID # 20064006865 My Commission Expires 02-17-2026 ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this 1 4tbday of pYk \ , 2025. ATTEST: i Weld County Clerk to the Board WELCOUNTY, COLORADO By: BOARD OF COUNTY COMMISSIONERS eputy Clerk to the Boaof County Commissioners IRbi *No Deed of Dedication is valid untice 43-2-201(1)(a). County Commissioners pursuant to C.R.S. 2025-0'1 ...:}rte. a HUNGENBERG KIM FARMS, LLLP HUNGENBERG KHL FARMS, LLLP HUNGENBERG PRODUCE, INC r RIGHT--OF—WAY ACQUIRED RW--34 28,993 sf. OR 0.666 ac;_f Pr ROW FUTURE_ RIGHT -OF •W: Y VCR -6 6 PARC. #080322000039 RECD. #3769714 SWD, 05-20-2011 PARCEL "B" RE -116 REC# 1632049, 3-15-1974 E-1/16 CORNER 522-T6N--R65W Art ittatitt.filt:f 4° SUM& PLATTE RIVER f M1DSTR N1 INC `10y .w < s 9 i 44, Ifiliati, Pr --ROW y PL - _r. Pr --ROW Rill IRE RIGNT-OF-WA r PL ;sit' octal* NGL CRUDE TERMINALS, LIX: PL ..•• ,, r ij ail {'r, 4, ,; ,.i r . 5022866 Pages: 2 of 4 04/15/2025 09:28 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County , CO III 111�� I I�I�I�I��II 1 ��11 11 II 1 ■I II + ' I Ili?), Ii ) II` ,'rill EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF PARCEL -B OF RECORDED EXEMPTION N0. 0803 -22 -4 -RE 116 (RE -116), FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 1632049, DATED MARCH 15, 1974 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 89'29'43" EAST, A DISTANCE OF 1329.85 FEET, TO THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WESTERLY UNE OF PARCEL -B OF SAID RE -116, NORTH 00'50'57" WEST, A DISTANCE OF 20.01 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 66 DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS IN BOOK 2, PAGE 77, DATED APRIL 07, 1876 AND BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND CONTINUING ALONG SAID WESTERLY UNE OF PARCEL -B, NORTH 00'50'57" WEST, A DISTANCE OF 200.00 FEET, TO A POINT 220.00 FEET NORTH OF SAID SOUTH SECTION UNE; THENCE DEPARTING SAID WESTERLY UNE AND ALONG ALINE 220.00 FEET FROM AND PARALLEL WITH SAID SOUTH SECTION UNE, SOUTH 89'29'43' EAST, A DISTANCE OF 145.00 FEET, TO A POINT ON THE EASTERLY UNE OF SAID PARCEL -B; THENCE ALONG SAID EASTERLY UNE, SOUTH 00'50'57" EAST, A DISTANCE OF 200.00 FEET, TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY UNE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 89'29'43" WEST, A DISTANCE OF 145.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 28,993 sf. OR 0.666 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION HUNGENBERG PRODUCE, INC. RW-34 WELD COUNTY, COLORADO 5022866 Pages: 3 of 4 04/15/2025 09:28 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT N0: GR-67 I SCALE: DATE:12-17-24 DRAWN BY: DRHISHEET: 1 of 2 EXHIBIT -A HUNGENBERG 0. KHL FARMS, LLLP LINE TABLE LINE L1 L2 BEARING DISTANCE No0'50'57"W N00'50'57"W S89'29'43"E S00'50'57"E N89'29'43"W 20.01' 200.00' 145.00' 200.00' 145.00' L3 L4 L5 15' FARM ACCESS EASENIENT REC#3898540. 12-25-20, RIGHT—OF—WAY ACQUIRED RW-34 28,993 sf. OR 0.666 ac.t Pr -ROW Pr -ROW FUTURE RGHT-OF-WAY Pr -ROW P.O.B. P.O.C. E-1/16 COR. S22-T6N-R65W FND 2 1/2" ALUM. CAP LS38571 2021 IN MON. BOX PLATTE RIVER MIDSTREAM INC. a HUNGENBERG KHL FARMS, LLLP 34 HUNGENBERG PRODUCE, INC PARC.#080322000039 RECP.#3769714 SWD, 05-20-2011 PARCEL "B" RE -116 REC#1632049, 3-15-1974 NORTH WELD COUNTY WATER DISTRICT R ECY.9233173. 03-12-2017 3, WATER LINE EASEMENT FUTURE RIGHT OF -WAY [42747E BEARING 1329.85 Pr -ROW - PI. � n. _ SE COR. S22-T6N-R65W-' EXISTING 40'FND 2 1/2" ALUM. CAP RIGHT-OF-WAY LS38X58 2016 IN MON. BOX B.o.c.c. NGL CRUDE RD BK 2, PG 77 APR. 07-1876 TERMINALS, LLC NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION HUNGENBERG PRODUCE, INC. RW-34 WELD COUNTY, COLORADO � 1861 couNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT N0: GR-67 I SCALE: 1,100 DRAWN BY: DRHISHEET: 2 of 2 DATE:12-17-ZI 5022866 Pages: 4 of 4 04/15/2025 09:28 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� rdNI i�� Miltil'k1:1 tilIKINIO I I iJ STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of Hungenberg Produce, Inc., a Colorado Corporation. An entity other than an individual, capable of holding title to real property (the "Entity"). and states as follows: The name of the Entity is: Hungenberg Produce, Inc. The Entity is a: Colorado Corporation The mailing address for the Entity is: 31466 Weld County Road 39 %A, Greeley, CO 80631 The name and position of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is: The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (If no limitations insert "NONE") The instrument and recording information, including the County, of the document by which title was acquired is: Special Warranty Deed at Reception # 3769714 of the Clerk and Recorder's Records Office in Weld County Other matters concerning the manner in which the Entity deals with any interest in real property - are: EXECUTED this / day of ANL, , 2012 Hungenberg Produce, Inc., a Colorado Corporation Print Name: /141/4-6 ,1jGNlr El Title: ()l Date: t". - STATE OFK.06exCAia> ) COUNTY OF '1/040 )§ The foregoing instrument was acknowledged before me this day of 4621(., , 2025-, by (Y1 /KC pk,,/y esy r ¢/x as /At? �J, S; r of Hungenberg Produce, Inc., a Colorado Corporation. Witness my hand and official seal. y commission expires: '// 772,'76 J0HNATHAN DOTY Notary Public State of Colorado Notary ID # 20064006865 My Commission Expires 02-17-2026 opt- Pu P Hello