HomeMy WebLinkAbout20250181.tiffResolution
Approve Memorandum of Agreement and Permanent Drainage and Grading
Easement for Certain Roadway Improvements for County Road 72 between County
Roads 33 and 35, and authorize Chair to sign — Vic Leffler and Sons, 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 and a
Permanent Drainage and Grading Easement for Certain Roadway Improvements for
County Road 72 between County Roads 33 and 35, 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 Vic Leffler and Sons, Inc., commencing
upon full execution of signatures, with further terms and conditions being as stated in said
agreement and easement, and
Whereas, after review, the Board deems it advisable to approve said agreement and
easement, copies of which are 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 and a Permanent Drainage and Grading
Easement for Certain Roadway Improvements for County Road 72 between County
Roads 33 and 35, 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 Vic Leffler and Sons, Inc., be, and hereby are, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement and easement.
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 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: Aye
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
I III
cc:Pw(cH/DwfDDftt8/ss) 2025-0181
O1/ 17/25 EG0083
CorrEyaCI-otiLto IL,
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Memorandum of Agreement (MOA) to Purchase Easements
(Vic Leffler & Sons, Inc.)
DEPARTMENT: Public Works
PERSON REQUESTING: Michael Bedell / Don Dunker / Curtis Hall
DATE: 12/19/24
Brief description of the problem/issue:
Weld County has designed roadway improvements for WCR72 between WCR33 and WCR35. The
improvements include reconstruction of irrigation and drainage ditches. The construction of these
improvements will require a Permanent Drainage and Grading Easement (PE) and a Temporary Construction
Easement (TCE) on land adjacent to the north side of WCR72 right-of-way.
The PE area has been determined to be 0.115 acres and has an estimated value of $659.81. The TCE area
has been determined to be 1.155 acres and has an estimated value of $1,325.36. The MOA proposes to
acquire these easements in the rounded amount of $1,990.00. Mr. Russ Leffler, representative for Vic Leffler
& Sons, Inc. has accepted this offer and signed the attached MOA.
What options exist for the Board?
1. Allow the MOA to be placed on the next available BOCC Agenda.
2. Ask for a work session and additional information.
Consequences: If the MOA is not placed on the BOCC Agenda and approved for signature, the project
timeline may be lengthened.
Impacts: These easements acquisition directly impacts the project timeline. The construction is currently
scheduled to start in February 2025 so that all work can be completed prior to the upcoming irrigation
season.
Costs: Costs will not exceed $1,990.00 and are accounted for in the Public Works budget. These are one-
time costs so subsequent fiscal year budgets will not be affected.
Recommendation:
Public Works staff recommends placing the MOA on the next available BOCC Agenda for consideration.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
err
Nt-
2025-0181
l/IS £C 66$3
WELD COUNTY
MEMORANDUM OF
AGREEMENT
Project Code: 1 Parcel No: 050502400004
Project No: SFT-14
Location: WCR 72 FROM WCR 33 TO WCR 35
County: Weld I State Highway No:
This Memorandum of Agreement ("Agreement") made oni1(lylj I5l 2075, is between Weld County
(GRANTEE) for the purchase of the parcel(s) listed above from the si
Owner(s) Vic Leffler & Sons, Inc. a Colorado Corporation (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❑
$
Permanent and Slope Easements (PE)
0.115 Sq.ft❑/acres®
$ 659.8)
Temporary Easements (TCE)
1.155 Sq.fi❑/acres®
$ 1,325.36
Improvements:
$
Damages:
$
Gross Total
Less Credit
Net Total
$1,985.17
$
$1,990.00 (R)
Other conditions:
See attached Addendum.
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 Soil 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.
1 1) 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, govemmental authority or agency with respect to the Property under any
Environmental Laws or otherwise.
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Carly Koppes, Clerk and Recorder, Weld County , CO
if :MU:Ali/11kII II
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,
GRANTOR to the GRANTEE. GRANTEE
estate. In transactions where GRANTOR
as set forth above, will be deleted from this
❑ GRANTOR conveys the underlying mineral
the Memorandum of Agreement and the conveyance
The GRANTEE:
1) Will be entitled to specific performance
2) Will be held harmless from any claims
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
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
perfomvance 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 the following documents:
❑ General Warranty Deed O Utility Easement
❑ Access Deod ® Permanent Easement
❑ Full Release(s) Book/Page: O Slope Easement
❑ Partial Release(s) Book/Pagc: ® Temporary Easement(s)
Order Warrant $ 1,990.00
Payable to: Vic Leiner & Sons, Inc.
Order Warrant $
Payable to:
GRANTOR: Vic Leffler & Sons, Inc.
By: Russ Leffler
4"'
ATTES�� VELD CO L
BOAR 'A
BY:
Ccil:3(1—Perry
BOARD OF COUNTY COMMISSIONERS WELD / �`
COUNTY, COLORADO
JAN 1 5 1
BY:
Deputy lerk to the Board
L. Buc Chair
APPROVED AS TO FORM:
County Attorney:
Real Estate Specialist
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Carly Koppes, Clerk and Recorder, Weld County , CO
IIII PAM Alit! 11111
Page 2 of 3
WELD/CDOT Form ti7g4 —04/2024
2 oZ5-bt gl
ADDENDUM:
I) 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. My 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
VIII 1������I�I�fiiL��'G�J'ktillk����Jil'F��slrh 1I III
Page 3 of 3 WELD/CDOT Fonn #?84 - 04/2024
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 6 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -D OF RECORDED EXEMPTION NO. 0805-02-04 RECX15-0097, FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4178841, DATED FEBRUARY 04,
2016 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING, AT THE SOUTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING NORTH 89'12'52" EAST, A DISTANCE OF 2676.78 FEET, TO THE SOUTHEAST
CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER, NORTH 05'50'03" WEST, A DISTANCE
OF 30.12 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 72, DESCRIBED IN
ROAD PETITION, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER
28561, DATED APRIL 23, 1888, AND BEING THE TRUE POINT OF BEGINNING;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID WEST LINE, NORTH 05'50'03"
WEST, A DISTANCE OF 10.04 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89'12'52" EAST, A DISTANCE OF 500.00 FEET;
THENCE SOUTH 00'47'08" EAST, A DISTANCE OF 10.00 FEET, TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 89'12'52" WEST, A DISTANCE OF 499.12 FEET, TO THE
TRUE Pn1NT OF BEGINNING..
SAID PARCEL CONTAINS 4,996 sf_ OR 0.115 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
PERMANENT EASEMENT
ACQUISITION
VIC LEFFLER & SONS, INC.
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County , CO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT N0: SFT-14 I SCALE:I'-2OO
DATE:10-18-24IDRAWN BY: DRHISHEET: 2 01'2
EXHIBIT -A
VIC LEFFLER &
SONS, INC.
PARC.#080502400004
RECP.# 2217851, 6-22-1990
LOT —D, RECX15-0097
REC#4178841, 2-04-2016
PERMANENT EASEMENT
ACQUIRED
4,996 sf.
rOR 0.115 ac.t
L3
PE WCR-f2
.N-1' O.C.
S1/4 CORNER
S2-T6N-R66W
FOUND 3.25'
� 1 ALUMINUM CAP
LS -22O98, 1993
zl /
LI VINGSTON
SITE
L4
- BASIS OF BEARING
- _ - fir - - - -
989'12'52"E 2676.78'
--
EXISTING 60'J
RIGHT -O F -WAY
REC#28561
APRIL 23, 1888
AV FARMS, LLC
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
N05'50'03"W
605'50'03"W
N89'12'52"E
SO0'47'08"E
S89'12'52"W
30.12'
10.04'
500.00'
10.00'
499.12' ,
L3
L4
L5
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.
S
SE CORNER
S2-T6N-R66W
FOUND 3.25'
ALUMINUM CAP IN
MONUMENT BOX
LS -12374, 1996
PERMANENT EASEMENT
ACQUISITION
VIC LEFFLER & SONS, INC.
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SFT•I4
SCALE: l"=200
DATE. 10-18-01
DRAWN BY: DWI
SHEET: 2 of 2
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$00
+LL CO W���
0 1 Recorder, Weld County ,
Carly KoPPe Clerk MjJI�{�I�a� '��� 1�f1��f1I+��I11111
I
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11
iti
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' rx; a 0001 stun+ k r
?,x9
ablifi.i.mr I mot so
PERMANENT EASEMENT\
ACQUIRED 1
4,996 sf.
OR 0.115 ac.±
t
OCP Mt 4; tw 4-A4,, ,1) 1 l
REcnitom:7A
? X t s AFC tl VET+ fiJTt
ri
Jam• I'
VIC LEFFLER &
SONS, INC.
PARC A0805024 00004
P.# 2217851. 6-22-1990
LOT -D, RECX 15-0097
REC f 417884 2- 04-2016
,14 bb41
9
0
EXSTING 60'
HT -OF -WAY
R BK. 3, PG. 99
2U1Y 13. 1882
icE
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
50,294 sf.
OR 1.155 oc.±
t
flat 11,3n1 rtA:, Asti
t Caillmot
Of 1,:s tt3rt i 31?
2l&1v10
RUC* RE: ski, "6141Ei M N
HQ*Ann
SS
a
11 CORNER
02— T6N—R66W
NERO . tiles
des
r fi,sc\<,
r -4:y
4w
.xsr
7
r—
e -
DUSTING 6-3 -
RIG±iT-OF-WAY
RECa28561
APRIL 23, 1888
PIP
n
MOM SEM
.r. ASS
Sew
,
1
S 2- T8N-R6 � j
I MI
1
f
EXISTING 60' ‘1`. 1
RIGHT-OF-WAY
RC. 8K. 6. P 3, P99Th T
JULY 13, , G.
I
1
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Carly Koppes Clerk and Recorder. Weld County , CO
III11O1,41O'r iatic' 110 ttfril.551. 111111
PERMANENT DRAINAGE AND GRADING EASEMENT
This Permanent Easement (PE), is made this 2day of 2024, between Vic Leffler &
Sons, INC., a Colorado Corporation, (referred to herein as "Owner", whether one or more), whose address
is 35945 County Road 35, Eaton, CO 80615, and the County of Weld, a body corporate and politic of
the State of Colorado, through its Board of County Commissioners (referred to herein as "County"), whose
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 Permanent
Drainage and Grading 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. (the "Easement Area")
Subject to the following terms and conditions:
1. The PE is conveyed from Owner to County for the purpose of construction and maintenance of a
combination drainage and irrigation ditch. Notwithstanding anything to the contrary stated herein, County
shall have the right to use the Easement Area to effectuate that purpose. County's permitted uses of the
Easement Area shall include, without limitation, the following: l) to drain and flow surface water, inspect,
survey, test, clean, repair, construct, remove, reconstruct, replace, upgrade, cut, fill, slope and perform
major and minor maintenance on the ditch within the Easement Area; 2) access the Easement Area,
including all equipment the County deems necessary or appropriate; and 3) mark the Easement Area by
suitable markers set in or on the ground, provided that pennanent markers shall he placed in locations that
will not interfere with Owner's reserved uses.
2. Owner reserves the right to use and occupy the Easement Area for any purpose consistent with the
permitted uses granted to County herein. Owner shall not fence the Easement Area or otherwise preclude
County's unobstructed access to the Easement Area. Because drainage and irrigation ditch construction and
maintenance can be damaging to other structures and facilities, Owner shall not construct or allow the
construction of any structure within the Easement Area. Owner shall not grant, dedicate, or convey any
other easement within the Easement Area, or otherwise authorize the placement of any utility or pipeline
within the Easement Area, without receiving prior written approval from County. County's approval shall
not be unreasonably delayed or withheld.
3. The PE is granted without any representations or warranties of title and subject to all existing
easements, encumbrances and matters of record or otherwise, including, but not limited to, any interests of
Vic Leffler & Sons, INC., a Colorado Corporation. The obligations of Owner herein and the rights granted
to County herein are subject to and qualified by this paragraph 3.
4. In the event any of the terms of this Easement are violated by a Party or by any person in privity
with such Party, such violation shall be immediately corrected and eliminated upon receipt of written notice
from the non -violating Party by the violating Party at the address first stated above or other address provided
for in writing by such Party, and, if not corrected, the non -violating Party shall have the right to correct and
eliminate such violation, and the violating Party, its successors and assigns, shall promptly pay the
reasonable costs to correct said violation upon receipt of invoice or other evidence of such costs. If such
violation is not corrected, the non -violating Party shall also have the right to file appropriate proceedings
to enjoin any violation and request specific performance of the conditions described herein. The non -
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Carly Koppel, Clerk and Recorder, Weld County , CO
VIII MINlMMIRAISFAIPrki. II
violating Party reserves the right to do all acts necessary to immediately remedy any emergency that may
arise within the Easement Area caused by or resulting from any such violation.
5. In the event that County conducts any work within the Easement Area as allowed by this PE,
County shall restore or repair the Easement Area to its original condition or as close thereto as practicable,
including landscaping, reseeding, or other improvements, whenever the same may occur. This PE does not
grant County any authorization to enter onto Owner's property outside the Easement Area without prior
approval of Owner.
6. The rights granted herein shall be possessed and enjoyed by the Parties, their successors and
assigns, in perpetuity. This PE shall run with the land, and Owner's subsequent conveyance of the
underlying fee parcel shall be made subject to this PE. County's rights and obligations under this PE may
be assigned, in County's discretion, to any municipality or other governmental entity which obtains
jurisdiction over County's structures within the Easement Area.
7. The PF. shall terminate upon abandonment by County or upon removal or destruction of the
drainage and irrigation ditch, except in the case the drainage and irrigation ditch is being replaced.
8. The Parties hereto agree that neither has made or authorized any agreement with respect to the
subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise,
or consideration different from the terms herein contained shall he binding on either Party, its agents or
employees.
9. The signatories hereto warrant that they have bill and lawful authority to make the grant
hercinabove contained as Owner and the covenant and promises hereinabove made as County.
l0. The Parties hereto agree that this Easement shall be recorded at County's sole expense in the office
of the County Clerk and Recorder in which the PE is located.
IN WITNESS WHEREOF, the Parties hereto have executed this Permanent Drainage and Grading
Easement to be effective as of the mutual execution hereof.
OWNER: Vic Leffler & Sons, INC., a Colorado Corporation
BY:
IT'S:
COUNTY:
ATTEST: .,..W.,1
Weld County Clerk to the Board
B
v._.... .....,......rung -.._.___... r47,7
Deputy Clerk to the B Perry /: uck, Chair
/2--/ 2 2 V'
Date of Signature
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County , CO
JAN 1 5 2025
2b25-0IBS I
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 6 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -D OF RECORDED EXEMPTION NO. 0805-02-04 RECX15-0097, FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 4178841, DATED FEBRUARY 04,
2016 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCINQ AT THE SOUTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING NORTH 89'12'52" EAST, A DISTANCE OF 2676.78 FEET, TO THE SOUTHEAST
CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER, NORTH 05'50'03" WEST, A DISTANCE
OF 30.12 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 72, DESCRIBED IN
ROAD PETITION, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER
28561, DATED APRIL 23, 1888, AND BEING THE TRUE POINT OF BEGINNING;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID WEST LINE, NORTH 05'50'03"
WEST, A DISTANCE OF 10.04 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89'12'52" EAST, A DISTANCE OF 500.00 FEET;
THENCE SOUTH OO'47'O8" EAST, A DISTANCE OF 10.00 FEET, TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 89'12'52" WEST, A DISTANCE OF 499.12 FEET, TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 4.996 sf. OR 0.115 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
PERMANENT EASEMENT
ACQUISITION
VIC LEFFLER & SONS, INC.
WELD COUNTY, COLORADO
5006584 Pages: 10 of 12
01/17/2025 10:35 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII l���.rl'�,I'll'N�hy4 Y ��ri Pill'#sii4rh III II
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
DATE 10- 18-241 DRAWN BY: 001
EXHIBIT -A
VIC LEFFLER &
SONS, INC.
PARC.#080502400004
RECP.# 2217851, 6-22-1990
LOT -D, RECX15-0097
REC#4178841, 2-04-2016
-QC's-4£�L;y INC
2=�T7 20:9
PIPELINE EASEMENT
APPROXIMATE LOCATION
NO W1OH
EL
PERMANENT EASEMENT
ACQUIRED
4,996 sf.
/_ORa1153.±
t-ns.2oae
t2
� PE
POd
P.O.C.
S1/4 CORNER
S2-T6N-R66W
FOUND 3.25"
2 I ALUMINUM CAP
W I LS -22098, 1993
IC
LI VINGSTON
L3
WCR 72
1 � ::��a•+r.
S1
\\
I\
L4 I
�Lr
EXISTING 60. -
RIGHT -OF -WAY
REC#28561
APRIL 23, 1888
AV FARMS, LLC
614
50',
os
BASIS RI(v
- _ N8N889/1,75-20:-FE2'52_EOF BEA2676.78NG' V)
LINE TABLE
LINE BEARING DISTANCE
Lt NO5'50'03"W
L2
L3
L4
L5
30.12'
10.04'
500.00'
10.00'
499.12'
805'50'03"W
N89'12'52"E
S00'47'08"E
S89'12'52"W
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.
VIC LEFFLER & SONS, INC.
WELD COUNTY, COLORADO
5006584 Pages: 11 of 12
01/17/2025 10:35 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
SE CORNER
S2-T6N-R66W
FOUND 3.25'
ALUMINUM CAP IN
MONUMENT 99OX
LS -12374, 16
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
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5006584 Pages: 12 of 12
01/17/2025 10:35 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County , CO
III Pifidtl! III II
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), executed this /2 --clay of De C, , 20 21/is
made between Vic Leffler & Sons, Inc. a Colorado Corporation, (referred to herein as "Owner",
whether one or more), whose legal address is 35945 County Road 35 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.
con1xrl-�c
1/l5/20Z'
z c zs -OM
EG n03,-
OWNER: Vic Leffler & Sons, Inc. a Colorado Corporation
Print: /;?P-5:5- 27/7L'1/4"/""
Its: Pte- / t7'{'fz 71-
STATE OF COLORADO )
ss.
COUNTY OF WELD
The timregoing instrument was acknowledged hefore me this 12,___day of Decurib e.. 2024,
by gas 1.4,40,A,
Witness my hand and official seal.
e. ta&
Notary Public
MADISON MAE WAILES
Notary Public
State of Colorado
Notary ID N20184001647
My Commission Expires 01-10-2026
EXHIBIT -B
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 6 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -0 OF RECORDED EXEMPTION NO. 0805-02-04 RECX15-0097, FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4178841, DATED FEBRUARY 04,
2016 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING NORTH 89'12'52" EAST, A DISTANCE OF 2676.78 FEET, TO THE SOUTHEAST
CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER, NORTH 05'50'03" WEST, A DISTANCE
OF 40.16 FEET, AND BEING THE TRUE POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 05'50'03" WEST, A DISTANCE OF 87.39 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 84'09'57" EAST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 05'50'03" EAST, A DISTANCE OF 80.00 FEET;
THENCE NORTH 89'12'52" EAST, A DISTANCE OF 2616.27 FEET, TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 35, DESCRIBED IN THE WELD BOARD OF COUNTY COMMISSIONER
RECORDS AT ROAD BOOK 3, PAGE 99, DATED JULY 13, 1882;
THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 06'07'35" EAST, A DISTANCE OF 20.09 FEET, TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 72, DESCRIBED IN ROAD PETITION,
FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 28561, DATED APRIL
23, 1888;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'12'52" WEST, A DISTANCE OF 2147.38;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'47'08" WEST, A DISTANCE OF 10.00 FEET
THENCE SOUTH 89'12'52" WEST, A DISTANCE OF 500.00 FEET TO THE TRUE POINT OF SE0ISNIN0
SAID PARCEL CONTAINS 50,294 sf. OR 1.155 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
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
VIC LEFFLER & SONS, INC.
WELD COIiNTY, COLORADO
2
NTT"
O
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO SET -14 I SCALE:
DATE:10-18-241DRAWN BY: DRHISHEET. I of?
EXHIBIT -B
L3
2
O
LI VINGSTON
4
VIC LEFFLER &
SONS, INC.
PARC.#080502400004
RECP.# 2217851, 6-22-1990
LOT -D, RECX15-0097
REC#4178841, 2 -O4 -2O16
NC
I
\ I
OCP MIDSTREAM,
REGT60D743
106200D
B'X15' RELIEVER SRE
TOE L9 WCR / 2
P.O.B. 11 r
P.O.C-
S1/4 CORNER
S2-T6N-R66W
FOUND 3.25 -
ALUMINUM CAP
LS -22O98, 1993
EXISTING 60.1
RIGHT-OF-WAY
REC#28561
APRIL 23, 1888
1•1X516 �66�
,01
511
AV FARMS, LLC
06\1141,66
¢66
$S
5
-
L'CY\6'rNY -��
SB
TCL
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
50,294 sf-
OR 1.155 ac.±
EXISTING 60'
RIGHT-OF-WAY
RD- BK. 3, PG- 99
JULY 13, 1882
ARING
N89"12'52"E 2676.78_
CLARK
SE CORNER
\\J S2-T6N-R66W
FOUND 3.25"
ALUMINUM CAP INI I
MONUMENT BOX
LS -12374, 1996 __
LINE TABLE
LINE
L1
L2
BEARING
DISTANCE
NO5'50'03"W
N05'50'03"W
N84'09'57"E
505'50'03"E
N89'12'52"E
SO6'07'35"E
S89'12'52"W
NO0'47'08"W 10.00'
589'12'52"W 500.00'
40.16'
87.39'
30.00'
80.00'
2616.27'
20.09'
2147.38'
L3
L4
L5
L6
L7
L8
L9
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.
EXISTING
RIGHT -O F- W A
RD. BK. 3, PG. 99
JULY 13, 1882
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
VIC LEFFLER & SONS, INC.
WELD COUNTY, COLORADO
65.n
G0U l7Yr_.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72-33 to 35 PROJECT
PROJECT NO: SFF-14
SCALE: 1,00
DATE: 10- I
DRAWN BY: DRf
SHEET: 2 of 2
\ ruler; &AIM:- Mac
1. ofcause zts
rt•.2CIL
Pif titimr,.•. r
�U 1 t
•ti ►
•
i
l
PERMANENT
ACQUIRED
4.996 sr.
)R 0.115 ac.±
4 (ORNE8
- TEN —R66W
wtc-
NE;RO 4.4
i „rei 11`&'
-tr.
tiiy �
t\
t�
1\
EASEMENTI
a i gatar. MA
Itx►L►tf1:�a�y'y/T
Ngar x10I?1
EXISTING $d'
RIGHT-OF-WAY
R�Zs2RS61
APRIL 23, 1888
Voir
1'ARC.A0805024000O4
Rtl:C•i'.a 2217851. 6-22-1990
LOT —D. RECX 15-0097
REC#4178841. 2-04-2016
VIC LEFFLER &
SONS, INC. ,t
it
Sti ,,
Sit
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRE
50.294 sf.
OR 1.155 ac.±
EiSTING 60
IRI HT -OF • WAY
R BK. 3, PG. 99-
JUY13,1882
aer' t.c . ai CAN .t b
Lih.cpau.1r+•
t t,>ntp.
Iw1 wp;►t
1
•
-WE R-72-'
mm
' . .
4AS
AN' FARMS. LLC
IPIESse
se our
N52 -16M
it
1
1
1 -
r
1
C
EXISTING 6('
RIGHT-OF-WAY
R0. Bk. 3, PG. 99
JULY 13. 188.2
1
i
I
•
Contract Form
Entity Information
Entity Name*
VIC LEFFLER & SONS INC
Contract Name*
Entity ID*
@00042086
New Entity?
Contract ID Parent Contract ID
EASEMENT ACQUISITION FOR WCR72 BETWEEN WCR33 9012
AND WCR35
Contract Status
CTB REVIEW
Contract Lead *
MBEDELL
Contract Lead Email
MBedell@weld.gov
Requires Board Approval
YES
Department Project #
SFT-14
Contract Description *
A PERMANENT DRAINAGE AND GRADING EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT REQUIRED
FOR WCR72 ROADWAY IMPROVEMENTS PROJECT.
Contract Description 2
Contract Type * Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 01 1 1 202 5
01,15 2025
Amount *
$1,990.00
Renewable*
N O
Automatic Renewal
N O
Grant
N O
IGA
N O
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHeathfweld.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
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
N ote: 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
Contact Name
Purchasing
Review Date *
12/31 ,•2025
Committed Delivery Date
Co enact Type Contact Email
Renewal Date
Expiration Date*
12, 31 2025
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
01/13/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01 /1 5 2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
01/13/2025 01/13/2025
Tyler Ref #
AG 01 1 525
Originator
MBEDELL
Hello