HomeMy WebLinkAbout20250325.tiffResolution
Approve Memorandum of Agreement to Purchase Property Interest for County
Road 66 Corridor Project and authorize Chair to sign — Kaycee Lytle
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 Kaycee Lytle, 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 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 Kaycee Lytle, 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 Peppier: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO GC Pa,J(c1-1/DN/rmicK/93) 2025-0325
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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 Kaycee Lytle 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 purchase of a house and barn 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 $1,465,258.50 and includes the ROW, acquisition of the house and barn,
damages to the remainder, and cost to cure.
The agreement has been reviewed by the Attorney's Office and Mr. Lytle 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 1 of 1
2025-0325
I/29 Ec--1oo3
MEMORANDUM OF
AGREEMENT TO PURCHASE
PROPERTY INTEREST
Project Code: N/A I Parcel No: RW-29
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
(GRANTEE) for the purchase of the parcel(s) listed above
2024, notice of intent to acquire (the "Property") from
Owner(s) Kaycee Lytle
Just compensation was determined by an appropriate valuation
state laws and regulations. The amount of money and/or
following land, easements, improvements, and damages
on 10SUAC11,44 151 is
between Weld County
Exhibit A to the August 6,
(GRANTOR).
with Colorado
consideration for the
and described on the attached
the
procedure prepared in accordance
compensation listed below is full
of any kind.
Land (RW-29)
79,109 Sq.ft®/acresD
$87,020.00
Permanent and Slope Easements
Sq.ftD/acres[]
Temporary Easements
Sq.ftD/acresD
Improvements:
Single -Family Residence
Barn
Milking Shed
Lean-to Shelter
Utility Building
Chicken Coop
Root Cellar
Storage Shed
Stock Corral Fencing
Drill Pipe Stem Fence
Wooden 3 -Rail Fencing
Aggregate
Concrete Pavement
Sodded Lawn
Lawn irrigation System
Deciduous Shrubs
Cottonwood Trees
Crab Apple Tree
Deciduous Trees
SFR Septic System
Water Well Tap
Water Well w/ Pump House
Drip Irrigation System
$890,564.00
Damages:
Lot Line Adjustment Plan
Trench & Install New 4" Flush line
Install New Flush Valves Using Existing 2EA
Install New Gooseneck Connectors
Total Damages
$4,474.00
Gross Total
$982,500.00 (rounded)
Additional Compensation:
House
Bam
Project Management
Title
Septic
Electrical Relocation
NWCWD Tap Relocation
Water Tap Retention Credit
Moving estimate by Exodus
Closing 1 AG Access
Water Well Re -Drill
$482,758.50
Net Total
$1,465,258.50
Page I of 4
WELD/COOT Form #784 — 04/2024
Other conditions:
See attached Addendum.
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; provided,
however, that County shall not have access to any part of the House on or before September 30, 2025 (except by
written permission of Owner). 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. These conveyances shall be deemed to include sufficient land for the construction, operation,
access, repair and maintenance of said roadway improvement project, including the rights of entry upon, passage
over, and deposit of evacuated earth, and storage of material and machinery upon such Property as may be useful
and necessary.
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;
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; (i) 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.
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Carly Koppes,
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Page 2 of 4
WELD/CDOT Form #784 — 04/2024
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 my 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.
5) Will prepare the following documents: Deed of Dedication
❑ General Warranty Deed O Utility Easement
❑ Access Deed ❑ Permanent Easement
O Full Release(s) Book/Page: O Slope Easement
❑ Partial Release(s) Book/Page: O Temporary Easement
Order Warrant $1,465,258.50
Payable to: ICaycee Lytle
Order Warrant $
Payable to:
GR CE YTL
Date: J Gi✓1—GR/y 7/i Z024-
Ka cee Lytle /%
ATTEST: WELD COUNTY CLERK TO THE
BOARD
BY:
51))1)Perry
BOARD OF COUNTY COMMISSIONERS WELD
COUNTY, COLORADO
's
BY: JAN 2 9 232
Deputy Clerk to the Board
L. Buck hair
APPROVED AS TO FORM:
County Attome .
Real Estate Specialist
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Carly Koppes, Clerk and Recorder, Weld County , CO
Page 3 of 4
WELD/CDOT Form #784 — 04/2024
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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
10
Page 4 of 4 WELD/CDOT Form #784 — 04/2024
EXHIBIT -A
PROPERTY DESCRIPTION
RW-29
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 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:
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 222.59 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 LINE, NORTH
89'30'34" WEST, A DISTANCE OF 530.88 FEET, TO A POINT ON THE WESTERLY LINE 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 136.66 FEET;
THENCE DEPARTING SAID WESTERLY UNE, NORTH 87'02'20" EAST, A DISTANCE OF 4.66 FEET, TO A
POINT OF CURVE TO THE RIGHT;
THENCE ALONG THE ARC OF SAID CURVE 526.21 FEET WHOSE RADIUS IS 12730.00 FEET, CENTRAL
ANGLE IS 02'22'06" AND WHOSE CHORD BEARS NORTH 8813'23" EAST, A DISTANCE OF 526.17 FEET,
TO A POINT ON THE EASTERLY UNE OF SAID LOT -A;
THENCE ALONG SAID EASTERLY UNE, SOUTH 00'46'53" EAST, A DISTANCE OF 157.76 FEET, TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 79,109 sf. OR 1.816 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
RIGHT OF WAY
ACQUISITION
KAYCEE LYTLE RW-29
WELD COUNTY, COLORADO
GOU.
5008308 Pages: 6 of 7
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 iliaRILhiG Ai IOU 114;6AAkhY, li4rh Bill
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
PROJECT NO: GR-67 I SCALE:
DATE: 8-02-24
WN BY: DRI-IISHEET: 1 of 2
!ON
EXHIBIT -A
c15'c: ',a
LYTLE FARMS LLC"
rRgTt0T 6 FF021-0669
732191, ?-62-2Q2I
ASL:hMENT . rR -,
LYTLE FARMS LLC
L07 A REIX26.66l2
REL#A58136C, 4-0&2626
ER L:PJE v3 "tLtENT
RW-29
RIGHT-OF-WAY
ACQUIRED
79,109 sf.-
OR 1.816 ac.*
-BOF BEARING
689AS'3OIS '34"W 1323.18'
-W-1/16 COR. S22-T6N-R65W
FND 2 1/2" ALUM. CAP
LS -38479 2019 IN MON. BOX
EXISTING 40'
RIGHT-OF-WAY
RD BK 2, PG 77
APR. 07-1876
PL PL
KAYCEE LYTLE
PARC.#080322300022
RECP.#4734747 QCD, 7-12-2021
LOT A FFD21-0008
REC#4732191, 7-02-2021
°'L5 Cl
GEISICK
CURVE TABLE
P.0 -B.
P.O.C.
S-1/4 COR. S
FND 3 1/4" AL
LS -10855 2001
LENGTH IC1 (526.21' 2730.00''02 22'06"JN88' 3'23"E {526.17'
LINE TABLE
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
-T6N-R65W-a
M. CAP
IN MON. BOX
IUNGEENDE:.RO UH
FARMS LLLP
DISTANCE
136.66'
157.76'
CORPORATION OF THE PRESIDING BISHOP OF THE CHL.RCI-I
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
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY
ACQUISITION
KAYCEE LYTLE RW-29
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County , CO
IIIII IROII 111 kniki 11111
WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
WCR 66 CORRIDOR PROJECT
PROJECT NO. OR -67
SCALE: I "=200
DATE. 8-02-24 'DRAWN BY: DUI
SHEET: 2 0
Contract Form
Entity Information
Entity Name *
LYTLE, KAYCEE
Entity ID*
@00049484
Contract Name*
AGREEMENT TO PURCHASE ROW FROM KAYCEE LYTLE
FOR THE WCR 66 CORRIDOR
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9046
Contract Lead *
CKIMMI
Contract Lead Email
CKimmi@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
AGREEMENT TO PURCHASE ROW FROM KAYCEE LYTLE FOR THE CR 66 CORRIDOR PROJECT
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$1,465,258.50
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
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
Review Date*
01/21/2025
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
.CURTIS HALL CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01/23/2025 01/24/2025 01/24/2025
Final Approval
BOCC Approved Tyler Ref #
AG 012925
BOCC Signed Date Originator
CKIMMI
BOCC Agenda Date
01/29/2025
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