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Home My WebLink About20252816.tiff Resolution 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—Louise McKay and Tony Nagel 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 among 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, Louise McKay, and Tony Nagel, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement to Purchase Property Interest for a Temporary Construction Easement for the State Highway 392 and County Road 35 Intersection Improvements Project among 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, Louise McKay, and Tony Nagel, 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 ,p.Mr••.�, Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye /` Lynette Peppler: Aye o11 `" or 4 Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5071301 Pages: 1 of 1 CC:fw(cm/kN/oD/aQ/s8) 2025-2816 12/09/2025 01:47 PM R Fee:$0.00 2�12/25 EG0083 Carly Koppes, Clerk and Recorder, Weld County , CO ��kirdiVININ4'rEginarafie MCI 1I it CbnAleCk C+1V#qq(0 CO CONTRACT ID 9966 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS AROUND TITLE: Hwy 392 @ WCR 35 ROW Counteroffer—McKay& Nagel DEPARTMENT: Public Works DATE: 9/30/25 PERSON REQUESTING: Cameron Parrott Brief description of the problem/issue: PW has been working on purchasing ROW for the Hwy 392© WCR 35 Intersection Improvement project. A pass around dated 6/16/25 was approved by the BOCC allowing PW to send out initial offers for the necessary acquisitions with the ability to negotiate up to an additional 15% for any counteroffers received. We received one counteroffer from Louise McKay and Tony Nagel which was more than the allowed 15% increase. Louise McKay and Tony Nagel are asking to be paid for the replacement of their fence in the area to be purchased. The existing fence is a specialty 4-beam split rail fence which we have been unable to get quotes from fencing companies to replace. The owners have stated that they would like to replace the fence with a new pipe fence instead. They provided an estimate for materials for their new proposed fence and asked if they could construct it themselves. Their estimate was shown to be$2,300. Staff compared the estimate received from Louise McKay and Tony Nagel to the engineer's estimate for replacing the fence as part of the project. The estimated cost for the project to remove and replace the specialty fence was found to be$12,240. Since the engineer's estimate to replace this fence is higher than what the owners are requesting, staff is recommending approving the counteroffer with the fencing material estimate included and removing the fence replacement item from the project plan set. The initial offer and the counteroffer can be broken down as follows: 30% Size of Appraised Appraised Incentive Appraised Offer ROW/Easement Value of Value of Value of Total Offer (Acres) ROW Easements on Land Damages Value Initial Offer 0.083/0.016 $4,940 $360 $1,590 $0 $6,890 Counteroffer 0.083/0.016 $4,940 $360 - $1,590 $2,300 $9,190 What options exist for the Board? • Accept the counteroffer and allow the agreement to be placed on the next available BOCC agenda • Deny the counteroffer and ask staff to continue negotiations Consequences: Not accepting this counteroffer may end up costing the county more overall } for this project. Impacts: The next phase of this project is to relocate impacted utilities. Not having the ROW acquired will delay this phase and could ultimately delay construction. Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years): $9,190 if the counteroffer is approved and an estimated$19,130 if the counteroffer is not approved and the fence is replaced to match existing as part of the project. { 2025-2816 10/15 ECG pOg3 Recommendation: Staff recommends accepting the counteroffer and placing the agreement on the next available BOCC agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey �3!,7/d/J Lynette Peppier Kevin D. Ross Project Code:24798 Parcel No:RW-07,RW-07A,RW-07B, MEMORANDUM OF TE-07,TE-07A AGREEMENT TO PURCHASE Project No:SHE 3921-020 PROPERTY INTEREST Location:SH 392 and Weld CR 35 County:Weld State Highway No:392 This Memorandum of Agreement("Agreement")made on6C,ktbeA52o15, is between Weld County (GRANTEE)for the purchase of the parcel(s)listed above from the Owner(s) Louise McKay and Tony Nagel (GRANTOR). Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado state laws and regulations.The amount of money and/or compensation listed below is full consideration for the following land,easements,improvements,and damages of any kind. Land(RW-07,RW-07A,RW-07B) Sq.ft❑/0.083acres® $4,939.00 Permanent and Slope Easements $-0- Sq.ft❑/acres❑ Temporary Easements(TE-07,TE-07A) Sq.ft❑/0.016acres® $357.00 Improvements:W 4 Split Rail F e $.g-$2,�8 00 /�� Damages:N/A �7 4L S�Ls.P�i� Gross Total $5,3 0.00$7,600.00( asp=: Additional consideration for incentive payment to Grantor if Agreement signed by ' -7'/ l el g Grantor on or before September 11,2025,per the terms stated below in"Other $1,590.00 conditions." Net Total $6,890 00$9,190.00 Other conditions: /4?'J j/V See attached Addendum. G 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$1,590.00 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$1,590.00. 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 regarding"Just Compensation"will be in the amount of$5,-300.00$7,600. ss Total). The GRANTOR: / T/V '� r 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; 0 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 '-E valuation; 3)Agrees the amount of money and/or compensation listed above is full consideration for the following land, o easements,improvements,and damages of any kind whatsoever; 0a 4)Will,at the closing,pay all taxes(including prorated taxes for the current year)and special assessments for the m 3 current year; r- • � 5)Has entered into this agreement because the GRANTEE has the power of eminent domain and requires the w o- property for public purposes; ti o 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; Wm b 7)Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below; rN0 8)Excepts from the subject property described herein in the attached Exhibits,the mineral estate and including all a coal,oil,gas and other hydrocarbons,and all clay and other valuable mineral in and under said subject property. • o The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, N 1 without payment of further compensation to the GRANTOR,any and all sand,gravel,earth,rock,and other road NiSa building materials found in or upon said subject property and belonging to the GRANTOR;and N Y Aft �~ 9)The GRANTOR further covenants and agrees that no exploration for,or development of any of the products,as N m _ 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 Z 015-ZTL9(1—n 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. IS)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. I I)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,governmental authority or agency with respect to the Property under any Environmental Laws or otherwise. 12)GRANTOR warrants that it'such property or any part thereof is acquired by the GRANTOR after the date of transfer,that such after acquired title is conveyed to the GRANTEE. NOTE: At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature,title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE,Paragraphs 8 and 9, as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: t)Will be entitled to specific performance of this agreement upon tender of the agreed consideration; 2)Will be held harmless from any claims against the property or to any interest in the property,except for any benefits due under relocation law; 3)Will make payment after receiving acceptable conveyance instruments from the GRANTOR; 4)Will take possession and use of the parcel(s)when it deposits the consideration,as set forth above,into an escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR.Transfer ot'title to the parcel(s)shall occur upon performance ot'any and ail terms under this agreement,and release of the payment from escrow to the GRANTOR,unless ethi'arraneemcnts are made that hollow Title lit of the UniFisrns Relocation Assistance and Real Property Acquisition Act of U)70,as amenduJ;,.tuul 5)Will prepare the following documents: Warranty Deed ❑ Utility Easement ❑ Access Deed ❑ Permanent Easement ❑ Full Release(s) Book/Page: ❑ Slope Easement ❑ Partial Release(s) Book/Page: ® Temporary Easement Order Warrant$ tSp,)90.�� Payable to:Louise McKay and Tony Nagel Order Warrant S Payable to: GRANTOR: LOUISE MCKAY AND TONY NAGEL Date: —' S -.. Syr � ?, -4y .`"?'�J B �it•c' Date: t"a� -44 tI 'o--e ATTEST:WW D COUNTY CLERK"1'O THE BOARD OF COUNTY COMMISSIONERS W 1 BOARD t/"/,./�" COUNTY,COLORADO r+ f Y: _ alQ1011. BY .._._OC-1175- c ° B _ _ Deputy lerk to the Board Pwn Buck.Chaff NLL m aM APPROVED AS TO FORM: Real Estate Specialist V a • ro OP'lal 011 &It'd/! Cp t !{ �r !�'t�1 r Y County Attorney: f>L .w mVin �.. __.. ..._.......-._ - _ _.� .. N N a� N Y�~ Page 2 of 3 WELD/CL»"1'lomM 11784 04/2024 ~mom rn-.0 7g25-ZUOC1 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.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. 2 o U C O U G3 h m rl 44,�L J 0 1- Mwt dim NU r m a. N aENG N o aC N-= Page 3 of 3 WELD/CDOT Form#784-04/2024 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-07 STA. 105+98.15 LT.to STA 106+59.45 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 O U 7 ff U O " a's r` O w B t 61. .mom O of 1 wtLLo� 0011 a ro 01 dNwNO a m a I L I y N p, Nti rl�>. I- — U)-0� EXHIBIT A PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RW-07 DATE: FEBRUARY 13, 2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-07 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 1,764 SQUARE FEET (0.040 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,LOCATED IN LOT 1 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N24°52'16"W,122.34 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. S00°44'55"E,46.68 FEET; 2. S44°14'57"W,20.67 FEET; 3. S89°34'27"W,46.36 FEET; 4. N44°13'25"E,86.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,764 SQUARE FEET(0.040 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175, 2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'S5"W,BEING y A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH 3 S AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED m- HEREIN RELATIVE THERETO. r-m3 LEGAL DESCRIPTION PREPARED BY: MATHEW E.SELDERS DREXEL,BARRELL&CO. � 1376 MINERS DRIVE,SUITE 107 LAFAYETTE,CO 80026 Q."- (303)442-4338 ter-f_ _Z N m N oaM IrI�Y� Na r�L= N-.oal 5071302 Pages: 6 of 17 12 a/2 z k:47 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 FINIMIONACM141� �g |� 5q| e o C % A > G > xw > � m & '- it / kk / k0 rn- n < _mO o $ R° z 0, % . m / § 7 k z f \. p d « Itf .............�/ w� . O�* �,�. COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-07A STA. 106+12.77 LT.to STA 106+59.45 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 a o�U V B e U r •3i �L .� O W-°� LLO Q) .-3 o ro d: T on m Z intr. Na a� ENO awl m> BN - -.L11 EXHIBIT B PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RW-07A DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-07A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 1,394 SQUARE FEET (0.032 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N24°52'16"W,122.34 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FIVE(5)COURSES; 1. S00644'55"E,46.68 FEET; 2. N4414'57"E,35.50 FEET; 3. N89°15'05"E,24.90 FEET; 4. N00°44'55"W,21.57 FEET; 5. 589°15'05"W,50.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,394 SQUARE FEET(0.032 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 61'1 P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH M AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED �•• HEREIN RELATIVE THERETO. = rl� m f Oae. • v 0 y i dim ty Np_t oNY`� r� 5071302 Pages: 9 of 17 12/09/2025 01:47 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III h4r02G401.11iirk'W AlfiN 'Dtil,141lY k 111111 w t� m -n rrr,- D GI x r m _ <m P.. Z coG m :rir m> n nc.i " cn .— m0prnn -o 0 m Q° m 2 n Ol C Q - m -o m-4 0 ` 777777rAe�'�� • L COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-07B STA. 105+87.70 LT.to STA 105+98.42 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 MI o! v e 7 O� G 2 1_I G a 4LY 0 0. �LL O 0. 01 + _. —i �m Nat GIN o �m a� EXHIBIT C PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RW-07B DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-07B OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020,CONTAINING 493 SQUARE FEET (0,011 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N52°48'50"W,81.93 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. S44°14'57"W,14.74 FEET; 2. S89°12'57"W,46.64 FEET; 3. N44°13'25"E,15.14 FEET; 4. N89°34'27"E,46.36 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 493 SQUARE FEET(0.011 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF MN THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING 8 A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317,12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. LEGAL DESCRIPTION PREPARED BY: ' C? G �4/ m m MATHEW E.SELDERS • • t DREXEL,BARRELL&CO. ,h 01 11 w!Am 1376 MINERS DRIVE,SUITE 107 ;<f 27270 ,�° c, 41 LAFAYETTE,CO 80026 '� ` cr (303)442-4338 �5�. a_ 1 mCU iS N C ()�Y� i-I a I��— COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number:TE-07 STA. 105+98.42 LT.to STA 106+66.52 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 • FOR Project Code:24798 Project Number: SHE 3921-020 Location:CO 392&Weld CR 35 t• O- V _- _T�t C� 7 O V 0 „ 0 NLLC E.w aim= -•V� N NGa GIN o (I) vim a 0N�— EXHIBIT D PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 TEMPORARY EASEMENT NUMBER:TE-07 DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO.TE-07 OF THE DEPARTMENT OF TRANSPORTATION,STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 456 SQUARE FEET(0.010 ACRES), MORE OR LESS, BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M.,COUNTY OF • WELD, STATE OF COLORADO, LOCATED IN LOT 1 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N23°35'06"W,128.83 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. SOO°44'55"E,7.07 FEET; 2. S44°13'25"W,86.27 FEET; 3. S89°34'27"W,7.03 FEET; 4. N44°13'25"E,96.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 456 SQUARE FEET(0.010 ACRES) MORE OR LESS. THE PURPOSE OF THE ABOVE-DESCRIBED TEMPORARY EASEMENT IS FOR ACTIVITIES ASSOCIATED WITH a ROADWAY CONSTRUCTION. 8 t- BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM c THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF -0 THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP N m3 STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING 4- i� A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH 0 yit AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED LL - HEREIN RELATIVE THERETO. cert1 8a1251- ror. aim -U imp N .1110, mNo 1-10 r) 5071302 Pages: 14 of 17 12/09/2025 01:47 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111111Jc1I'VR Ii,'JIdii+Glib I71'I J in'llgliglilkid 11111 0 -nvm > G) � DrnX -� D A m E P m D r.J -4z0 * m .r ' rnDmn wncn 71 zrs Co0vrn � "o O m R. 70 Z N n C 0 N x,m rn D m N p m v co -c s— ' Ca 1v ``,,�st� COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number:TE-07A STA. 108+22.75 LT.to STA 108+48.75 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number:SHE 3921-020 Location: CO 392&Weld CR 35 O U _ram C r O U r a wim - -r • m IE O Wi- dL4 If)LL 0=+ ▪ m� Via" r d N m �U+ in co N p NY`� ��_ EXHIBIT E PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 TEMPORARY EASEMENT NUMBER:TE-07A DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO. TE-07A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 247 SQUARE FEET (0.006 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,LOCATED IN LOT 1 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N10°10'52"W,305.09 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. S00°44'55"E,26.00 FEET; 2. 58915'05"W,9.50 FEET; 3. NOO°44'55"W,26.00 FEET; 4. N89°15'05"E,9.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 247 SQUARE FEET(0.006 ACRES) MORE OR LESS. THE PURPOSE OF THE ABOVE-DESCRIBED TEMPORARY EASEMENT IS FOR ACTIVITIES ASSOCIATED WITH ROADWAY CONSTRUCTION. 8 BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE 5E1/4 SECTION 14,T6N,R66W OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP m3 STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING NOO°44'55"W,BEING ~� -ow A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH o v°a AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED 'oi °o HEREIN RELATIVE THERETO. m da(- m ,V NJ! dcr w1 N U " B N 04 N aM 0N0 °1 �Na 5071302 Pages: 17 of 17 12/09/2025 01:47 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII I FJ111111,,1h11Q1L1161TlClMh IIIIt'IKL'I1Y i 111111 o •vIDrm -n j m m or- .C. N Z ,, m m rn D in n w h �n P3o z t o0Opmm -o � 7• - R° z O rn CA On - m v m m D IT V ov CO fit ti fr 71 f rS-: \ N '3 P :1-, cVi, \ cam, . GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement(TCE),executed this e6 day of �J6n�;202-5 is made between Louise McKay and Tony Nagel, (referred to erein as "Owner", whether one or more),whose legal address is 33051 County Road 35,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 "County"),whose legal address is 11 50"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: Louise McKay Tony Nagel STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ,c4 day of 5`f� 2025, by Louise Mckay and Tony Nagel. Witness my hand and official seal. oAlet,tLe/ �� AMANOA LYPubcOOPS Notary 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-07 STA. 105+98.42 LT.to STA 106+66.52 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL • 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number: SHE 3921-020 Location: CO 392&Weld CR 35 EXHIBIT D PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 TEMPORARY EASEMENT NUMBER:TE-07 DATE:FEBRUARY 13, 2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO.TE-07 OF THE DEPARTMENT OF TRANSPORTATION,STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 456 SQUARE FEET(0.010 ACRES), MORE OR LESS, BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO,LOCATED IN LOT 1 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N23°35'06"W,128.83 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. S00°44'55"E,7.07 FEET; 2. 544°13'25"W,86.27 FEET; 3. S89°34'27"W,7.03 FEET; 4. N44°13'25"E,96.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 456 SQUARE FEET(0.010 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 SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 6TM P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING NOO°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. LEGAL DESCRIPTION PREPARED BY: MATHEW E.SELDERS G DREXEL,BARRELL&CO. ♦ . 1376 MINERS DRIVE,SUITE 107 LAFAYETTE,CO 80026 VW; (303)442-4338 CO; • 27276 ;a i';s COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Temporary Easement Number:TE-07A STA. 108+22.75 LT.to STA 108+48.75 LT.(WCR 35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number: SHE 3921-020 Location: CO 392& Weld CR 35 EXHIBIT E PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 TEMPORARY EASEMENT NUMBER:TE-07A DATE: FEBRUARY 13,2024 LEGAL DESCRIPTION A TEMPORARY EASEMENT NO. TE-07A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 247 SQUARE FEET (0.006 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,LOCATED IN LOT 1 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N10°10'S2"W,305.09 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. 500°44'55"E,26.00 FEET; 2. 589°15'05"W,9.50 FEET; 3. N00°44'S5"W,26.00 FEET; 4. N89°15'05"E,9.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TEMPORARY EASEMENT CONTAINS 247 SQUARE FEET(0.006 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 SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 61."P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. LEGAL DESCRIPTION PREPARED BY: 0 MATHEW E.SELDERS ii' ••••'• DREXEL,BARRELL&CO. t,_ "•.d�.{‘ 1376 MINERS DRIVE,SUITE 107 � m10 LAFAYETTE,CO 80026 3i1 27276 :of �7 7 (303)442-4338 y�At,LA WARRANTY DEED THIS DEED is dated and is made between Louise McKay and Tony Nagel, the"Grantor",whose address is 33051 County Road 35,Greeley,CO 80631 of the County of Weld and State of Colorado, and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO (whether one, or more than one), the"Grantee,"whose legal address is 2829 West Howard Place, Denver, CO 80204 of the City and County of Denver and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS, ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever,all the real property,together with any improvements thereon, located in the County of Weld and State of Colorado,described as follows: Project Number: 24798 Project Code:SHE 3921-020 See attached Exhibit"A"dated February 14,2024,for: Parcel Number: RW-07 See attached Exhibit"B"dated February 14,2024,for: Parcel Number: RW-07A See attached Exhibit"C"dated February 14,2024,for: Parcel Number:RW-07B TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee,and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,except and subject to: ❑ none; or®the following matters: 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 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. . w AILIUCI I Y ULLU (1%.g.I el.1) 5071303 Pages: 1 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and K Recorder, Weld County , CO •iii r�11�01416 i#r1�C 1N w'TA:tG N hV14 11111 And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. , it/62,1e � *-44z- 140, 401A STATE OF COLORADO ) y� JJ )ss. County of Weld ) The foregoing instrument was acknowledged before me this "o 1 ay of �"9" bar , 20 as, by Louise McKay and Tony Nagel. Witness my hand and official seal. My commission expires: OWI7P 02-S AyK707,1-61.a. fre0Dri- AMANDA LYNN HOOPS Notary Public Notary Public State of Colorado Notary ID#20244015435 My Commission Expires 04-19-2028 Mathew E.Selders, 1376 Miners Drive,Suite 107,Lafayette,CO 80026,PLS#27275 No.7JSA. u...III NI. %YAlutAN I Y IIM.EU (Fags.fvt$ 5071303 Pages: 2 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 hNr.t11111i'llIMIALN rly Koppes, Clerk and Recorder, Weld County , CO it Ih it1MI '�K TI k W h 11111 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-07 STA. 105+98.15 LT.to STA 106+59.45 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number: SHE 3921-020 Location:CO 392&Weld CR 35 5071303 Pages: 3 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11111 PPAYINWI:liiNiktiliaM ITKlfr,16.11 Yoh 111111 EXHIBIT A PROJECT CODE: 24798 PROJECT NUMBER: SHE 3921-020 PARCEL NUMBER: RW-07 DATE: FEBRUARY 13, 2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-07 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 1,764 SQUARE FEET (0.040 ACRES),MORE OR LESS,BEING A PART OF THE 5E1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LOCATED IN LOT 1 OF PINNACLE PARK FIRST FILING, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1516281, DATED MAY 10, 1968 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N24°52'16"W,122.34 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. SOO°44'55"E,46.68 FEET; 2. S44°14'57"W,20.67 FEET; 3. S89°34'27"W,46.36 FEET; 4. N44°13'25"E,86.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,764 SQUARE FEET(0.040 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO. FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175, 2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285, 2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING NOO°44'55"W, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. �� ,,,,, LEGAL DESCRIPTION PREPARED BY: �44,04/"'`., MATHEW E.SELDERS �` "'••' '�✓c.C1" DREXEL,BARRELL&CO. ;)aj;•'4 . ( •',ic 1376 MINERS DRIVE,SUITE 107 !' `' cat..� Q 2727* 7,; cc:LAFAYETTE,CO 80026 y (303)442-4338 C, �ALLaN� " 5071303 Pages: 4 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11I114dr�1 CII iI II '4 AIrlIAD 101,111 glAtilkh Ilk 111111 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-07A STA. 106+12.77 LT.to STA 106+59.45 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number:SHE 3921-020 Location: CO 392&Weld.CR 35 • 5071303 Pages: 5 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 FAIT PAY Lliv i iLi i WMJti 111111 EXHIBIT B PROJECT CODE:24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RW-07A DATE:FEBRUARY 13,2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-07A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798,PROJECT NUMBER SHE 3921-020,CONTAINING 1,394 SQUARE FEET (0.032 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N24°52'16"W,122.34 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FIVE(5)COURSES; 1. S00644'55"E,46.68 FEET; 2. N441.4'57"E,35.50 FEET; 3. N89°15'05"E,24.90 FEET; 4. N00°44`55"W,21.57 FEET; 5. S89°15'05"W,50.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,394 SQUARE FEET(0,032 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE 5E1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO.FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317.12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 5071303 Pages: 6 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III r1111 ,I11�'MRIM'FUKI i'MIA 11111 • LEGAL DESCRIPTION PREPARED BY: .fin ,► 1..: MATHEW E.SELDERS ��+• I/{: DREXEL,BARRELL&CO. A'0"'<f; 11/ 1376 MINERS DRIVE,SUITE 107 s�+ • �4 LAFAYETTE,CO 80026 • r�G ti. (303)442-4338 i'� 1 27275 7,3 5071303 Pages: 7 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 11P1J1101411111111111111111WW611111011111M11101111141 II111 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-07B STA. 105+87.70 LT.to STA 105+98.42 LT.(WCR-35 Align.) FROM LOUISE MC KAY TONY NAGEL 33051 COUNTY ROAD 35 GREELEY,CO 80631-9404 FOR Project Code:24798 Project Number:SHE 3921-020 Location:CO 392&Weld CR 35 5071303 Pages: 8 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Mgaill'i likkla 401511.1E10 DMA II II EXHIBIT C PROJECT CODE: 24798 PROJECT NUMBER:SHE 3921-020 PARCEL NUMBER: RW-07B DATE: FEBRUARY 13, 2024 LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND NO. RW-07B OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT CODE 24798, PROJECT NUMBER SHE 3921-020, CONTAINING 493 SQUARE FEET (0.011 ACRES),MORE OR LESS,BEING A PART OF THE SE1/4 OF SECTION 14,T6N,R66W OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14,THENCE N52°48'50"W,81.93 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR(4)COURSES; 1. S44°14'57"W,14.74 FEET; 2. 589°12'57"W,46.64 FEET; 3. N44°13'25"E,15.14 FEET; 4. N89°34'27"E,46.36 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 493 SQUARE FEET(0.011 ACRES)MORE OR LESS. BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR PROJECT REFERENCE IS THE EAST LINE OF THE SE1/4 OF THE SE1/4 SECTION 14,T6N,R66W OF THE 61."P.M.,COUNTY OF WELD,STATE OF COLORADO,FROM THE SOUTHEAST CORNER OF SAID SECTION 14 BEING MONUMENTED BY A 2.5-INCH ALUMINUM CAP STAMPED LS 38175,2014 IN A MONUMENT BOX AT THE SOUTH END,TO THE NORTHEAST CORNER OF THE SE1/4 OF THE SE1/4 OF SAID SECTION 14, BEING MONUMENTED BY A 2.5 INCH ALUMINUM CAP STAMPED LS 28285,2016 IN A MONUMENT BOX AT THE NORTH END,AS BEARING N00°44'55"W,BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2011,A DISTANCE OF 1317,12 FEET,WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. O LEGAL DESCRIPTION PREPARED BY: G' MATHEW E.SELDERS . c��'•,�'� DREXEL,BARRELL&CO. `';t�• mail 1376 MINERS DRIVE,SUITE 107 21275 :; LAFAYETTE,CO 80026 G'• /� ' /J' (• (303)442 4338 \iiu;•. , y(; 5071303 Pages: 9 of 9 12/09/2025 01:47 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 IYMVII11r1 h11l+ 1#1111M 14�i Ri�K11hl�11Ji4 111111 Contract Form Entity Information Entity Name* Entity ID* p New Entity? MCKAY, LOUISE @00050342 Contract Name* Contract ID Parent Contract ID MEMORANDUM OF AGREEMENT TO PURCHASE ROW 9966 FROM LOUISE MCKAY AND TONY NAGEL FOR THE * Requires Board Approval HWY 392 @ WCR 35 INTERSECTION IMPROVEMENT Contract Lead PROJECT CPARROTT YES Contract Lead Email Department Project# Contract Status CTB REVIEW cparrott@weld.gov GR-64 Contract Description* MEMORANDUM OF AGREEMENT TO PURCHASE ROW FROM LOUISE MCKAY AND TONY NAGEL FOR THE HWY 392 @ WCR 35 INTERSECTION IMPROVEMENT PROJECT. THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF HWY 392 AND WCR 35. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 10/09/2025 10/13/2025 Amount* Department Email $9,190.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included? Automatic Renewal DeptHead@weld.gov NO NO County Attorney Grant GENERAL COUNTY NO ATTORNEY EMAIL IGA County Attorney Email NO 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 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 Review Date* Renewal Date 11 /30/2026 Termination Notice Period Committed Delivery Date Expiration Date* 12/31 /2026 Contact Information 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 DUANE NAIBAUER RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/09/2025 10/10/2025 10/10/2025 Final Approval BOCC Approved Tyler Ref# AG 101525 BOCC Signed Date Originator CPARROTT BOCC Agenda Date 10/15/2025 Hello