HomeMy WebLinkAbout20233725.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS FOR COUNTY ROADS 76 AND 35 INTERSECTION
IMPROVEMENTS PROJECT, AND AUTHORIZE CHAIR PRO-TEM TO SIGN ANY
NECESSARY DOCUMENTS-T.K.FARMS,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 an Agreement for Purchase of Certain
Property for Public Road Improvements for the County Roads 76 and 35 Intersection
Improvements Project between the County of Weld,State of Colorado,by and through the Board
of County Commissioners of Weld County,on behalf of the Department of Public Works,and T.K.
Farms,Inc.,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 for Purchase of Certain Property for Public Road
Improvements for the County Roads 76 and 35 Intersection Improvements Project between the
County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld
County,on behalf of the Department of Public Works,and T.K.Farms,Inc.,be,and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be,and hereby is,
authorized to sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 18th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: c jd,45sak EXCUSED
Mik eman,Chair
Weld County Clerk to the Board C ,1171,/-
�� Nn ���' _ erry .Bu ,Pro-Tem
BY. 1�`
Deputy Clerk to the Board � �,�'•,�
.James
APP ED A 0 ,a¢1+ ', � �� » I n
.Ross
County ''"orney 4� ,l`J
I.Z, 1 r. . L.ri Saine
Date of signature:
cc:Pw(cl.t/Ta) 2023-3725
EG0081
02/0269
Con vo c+l Lt.101 lt)
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:Right of Way Acquisition Agreements for WCR 76 and WCR 35 Intersection
Improvements
DEPARTMENT: Public Works DATE 12/4/2023
PERSON REQUESTING:Tiffane Johnson
Brief description of the problem/issue:
In accordance with the amended Eaton Truck Route IGA approved by the Board on November 30,2022,
Public Works has been working with landowners to acquire the necessary land rights to accommodate the
proposed widening and utilities/irrigation infrastructure relocations of County Road 76 at the intersections of
County Roads 35 and 33.
Public Road Right of Way and Temporary Construction Easements are needed from six landowners to make
all the improvements. For this pass around, Public Works has successfully negotiated three additional
agreements.The Board approved the agreement for Foss(Northwest Quadrant)in August of 2023.Therefore,
this completes the agreements at the intersection of CR 35.A summary of the settlement reached with each
owner is below.
Noffsinger Manufacturing Co.Inc(Southwest Quadrant)
Right-of-Way 0.023+/-Acres
Temporary Construction Easement 0.109+/-Acres
Total Compensation$5,000.00
All irrigation structures impacted by project to be designed and relocated by Weld County by April 15,2024.
WB2 LLC(Northeast Quadrant)
Right-of-Way 0.035+/-Acres
Temporary Construction Easement 0.322+/-Acres
Cost to Cure and Damages
• Relocated Pivot Stop(twice)
• Permanent Dry Up
Total Compensation$12,000.00
TK Farms(Southeast Quadrant)
Right-of-Way 0.004+/-Acres
Temporary Construction Easement 0.116+/-Acres
Total Compensation$5,000.00
All irrigation structures impacted by project to be designed and relocated by Weld County by April 1,2024.
What options exist for the Board?
1. Approve the signed landowner Purchase Agreements outlined and place on the next available BOCC
agenda.
2. Schedule a work session to discuss the offers in more detail.
Consequences:Delay project and increase costs. Possible Amendment to the IGA with the Town of Eaton.
2023-3725
12/1 EGI 001
Impacts: No adverse impacts anticipated.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):The Engineering Budget has the funds
to cover the acquisition costs.
Recommendation:
Approve placing the Purchase Agreements on the next available BOCC agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
____AD__ ______
Perry L.Buck,Pro-Tern
Mike Freeman,Chair
t<
Scott K.James �
Kevin D.Ross ill-)
Lot!Saine
MEMORANDUM
la A r
TO:Clerk to the Board DATE:December 13,2023
r '
FROM: Tiffane Johnson—Public Works Dept.
SUBJECT: Agreement for Purchase of Public Road
Right of Way and Temporary Construction Easement
CONTRACT ID:7676
RE: WELD COUNTY ROAD 76 AND WELD COUNTY ROAD 35
Approve Agreement for Purchase of Certain Property for Public Road Improvements and Accept Grant of
Temporary Construction Easement between T.K.FARMS,Inc,and Weld County,Colorado.
Total Compensation to be paid to Owner is$5,000.00 as outlined below:
• County agrees to pay Owner$5,000.00 for 0.004 acres of Public Road Right of Way and 0.116 acres of
Temporary Construction Easement
• County will relocate and reconstruct irrigation structures impacted by the project
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN
T.K.FARMS,INC.AND WELD COUNTY,COLORADO
THIS AGREEMENT is made this t day of CfnqUe 2023,by and between
T.K.Farms,Inc.whose address is 35197 Cornerstone Way,Windsor,CO 80550 hereinafter
collectively referred to as"Owner,"and WELD COUNTY,a body corporate and politic of the
State of Colorado,by and through its Board of County Commissioners,whose address is 1150 O
Street,Greeley,Colorado 80631 hereinafter referred to as"County."
WHEREAS,Owner owns a parcel of real property containing the property described in the
attached Exhibit A(hereinafter referred to as("Right-of-Way"or ROW),and property described
in the Exhibit B(hereinafter referred to as("Temporary Construction Easement"or TCE),and
WHEREAS,County finds it necessary to widen the intersection of WCR 76 and Weld
County 35 to improve the safety and function of the intersection and,
WHEREAS,Owner wishes to cooperate with County in completing the"Project".
NOW,THEREFORE,the parties herein agree as follows:
I. EXHIBITS INCORPORATED.The following exhibits are attached and incorporated into
this Agreement.
Exhibit A—Description,Depiction and Form of ROW
Exhibit B—Description,Depiction and Form of TCE
Exhibit C—WCR 76 and 35 Irrigation Project Plans
II. COMPENSATION;PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner,as described below,is Five Thousand
Dollars,($5,000.00).
2. The parties acknowledge and agree that said purchase price represents full,fair and
valuable consideration.
III. PUBLIC ROAD RIGHT(S)-OF-WAY
1. Owner agrees to grant the Public Road Right-of-Way to the County by Deed of Dedication
as provided in Exhibit A.
2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right-of-
Way to County at the date of closing which shall be no later than thirty(30)days following
mutual execution of this Agreement;or,if the Right-of-Way is financially encumbered,
Page 1 of 4
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Carly Kopp.,Clerk and Recorder,Weld 1���M'�Pi�I�l i��'�I� 'IIVI'I riniO County 6:1 N 1�III 02,002. — 57.2g
Page 2 of 4
REVISED AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS BETWEEN T.K.FARMS AND WELD
COUNTY,COLORADO
within 30 days from the date the title company closing the transaction on behalf of the
County receives a partial release(s)of,or binding commitment from the lienholders/lenders
to issue partial release(s)of,financial encumbrances affecting the Right-of-Way. The
Deed of Dedication shall not be valid until accepted and approved by the Board of County
Commissioners.Owner agrees to grant the Public Road Right-of-Way to the County by
Deed of Dedication as provided in Exhibit-A.
3. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property,if any exists.
4. County shall relocate and construct all irrigation structures impacted by the project as
shown on Exhibit C as part of the Project.County agrees to have irrigation improvements
completed and operational by April 1,2024. County agrees that the irrigation water flow
will be equal to or better than it was prior to the Project.If there is a problem with the flow
after the work is completed,the County will make necessary changes to correct the
problem. Once flows are determined satisfactory,the County will not be responsible for
the maintenance of the constructed irrigation structures. Owner shall not be responsible
for any costs associated with the relocation,design,or construction of the proposed
irrigation facilities.
5. County agrees to coordinate the relocation of the electrical service from the existing
pumphouse to the new distribution pole at county's expense by April 1,2024.Weld county
shall not be held liable for any electrical issues outside of this connection.
6. If Owner's call for water comes after April 1,2024 and the irrigation structure is complete
at the time of the call for water,the County will not be liable for crop damage. If County
fails to have irrigation operational by Owner's first call for water the County shall
compensate Owner for crops on T.K.Farms,Inc.needing irrigation water based on current
market value at the time of harvest.
IV. TEMPORARY CONSTRUCTION EASEMENT
1. Owner agrees to grant the Temporary Construction Easement(TCE)to the County
covering all the property described and depicted in,and subject to the terms provided in
Exhibit B.
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
V. CLOSING
1. County shall not be liable for any encumbrance associated with the Property prior to the
date of closing.Owner shall pay any encumbrance associated with the Public Road Right-
of-Way which is required to be paid,including,but not limited to,a prorated amount of the
property taxes,and any past due property taxes,(and interest and penalties thereon),on or
Page 2 of 4
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Carly Koppel,Clerk and Recorder,Weld County,CO
Page 3 of 4
REVTSED AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS BETWEEN TK.FARMS AND WELD
COUNTY,COLORADO
before the date of closing when Owner delivers the Deed of Dedication to County.Owner
is solely responsible for the payment of any amounts owed to a third party holding a
security or other ownership interest in the Public Road Right-of-Way.
2. County shall at closing pay for the cost of obtaining title insurance if County elects to
obtain title insurance for the Property.
3. County shall at closing pay all fees associated with recording this Agreement and the Deed
of Dedication.
VI. MISCELLANEOUS.
1. This Agreement and the conveyance of the Property made pursuant to the terms herein,
shall be binding upon all,and inure to the benefit of and be enforceable by the parties and
their heirs,executors,administrators,successors,and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County,Colorado,or its designee.
3. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement,and all rights of action relating to such enforcement,shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement.It
is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
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,Contractor agrees
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
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Carly Komme,Clerk and Recorder,Wald County,CO
11III MakWrhIT' III
Page 4 of 4
REVISED AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS BETWEEN T.K.FARMS AND WELD
COUNTY,COLOR ADO
enforced without such provision,to the extent that this Agreement is then capable of
execution within the original intent of the parties.
IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written.
OWNER: i
/ ice
T.K.FARMS,INC.
ATTEST:di iA) '&k. BOARD OF COUNTY COMMISSIONERS
C erk to the Board WELD UNTY,COLORADO
BY, �-
Deputy 1 erk to e 1 1 d Perry L. ck,Chair Pro-Tem
r 1 4st, DEC 1 8 2x23
tl,�tt
mat ��I
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Carly Koppel,Clerk and Recorder,Weld County,CO
Page 4 of 4
020 -372
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED,made this day of , ,between T.K.FARMS,INC.,a Colorado
corporation (referred to herein as"Grantor",whether one or more),whose legal address is 35197
Cornerstone Way,Windsor,CO 80550 and the County of Weld,a body corporate and politic of the State
of Colorado,by and through its Board of County Commissioners(referred to herein as"Grantee"),whose
legal address is 1 150"O"Street,Greeley,Colorado 80631:
WITNESSF.TH:That Grantor,for and in consideration of payment made by Grantee,the receipt and
sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(I)(a),
hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,that real property
lying and being in the County of Weld,State of Colorado,to wit:
The real property described and depicted on the attached Exhibit.
EXCEPTING oil,gas,hydrocarbons,and mineral leases,liens,encumbrances,rights-of-way,easements,
and utilities thereto existing or of record,and
RESERVING unto Grantor the mineral estate under said property,including oil,gas,hydrocarbons and any
and all water rights including non-tributary and not non-tributary water currently attached to,upon,under,
or associated with said property,except as required to sustain the integrity of the Public Highway.
GRANTOR:T.K.FARMS,INC.,a Colorado Corporation
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of ,2023,
by
Witness my hand and official seal.
Notary Public
ACCEPTANCE
The County of Weld,by and through its Board of County Commissioners,hereby accepts the above
dedication of property as a Public Highway(Public Right-of-Way)pursuant to C.R.S.§43-2-201(1)(a).
Dated this day of ,2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
By:
Deputy Clerk to the Board Chair,Board of County Commissioners
*No Deed of Dedication is solid until accepted by the Board of County Commissioners pursuant to C.R.S.
43-2-201(l)(a).
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Carly Koppel,Clark and Recorder,Wald County,CO
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4938544 Pages : 6 of 11
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Carly Koppes , Clerk and Recorder , Weld County , CO
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EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 36,TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID
PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO.0707-36-3-RE1224 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2202820,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST
ONE-QUARTER AS BEARING,NORTH 88'46'22 EAST,A DISTANCE OF 2676.94 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 36,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 43'27'36"EAST,A DISTANCE OF 40.52 FEET,TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF COUNTY ROAD 76,FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3,PAGE 99,ALSO BEING THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 35,FILED IN THE
WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99,SAID POINT BEING THE TRUE
POINT OF BEGINNING.
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76,NORTH 88'46'22`EAST,
A DISTANCE OF 24.75 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY,SOUTH 60'54'06'WEST,A DISTANCE OF 29.51
FEET,TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY,NORTH 04.18'26"EAST,A DISTANCE OF 13.86 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 171 sf.OR 0.004 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES,
SURVEYOR IN AND FOR WELD COUNTY,COLORADO.
DANIEL R.HOLMES 4 M"1.9.94
�!.
PLS 38213
i;1,346,O31-Iell
NA
LLAW
01 PUBLIC WORKS
RIGHT OF WAY WELD COUNTY DEPARTMENT
-
ACQUISITION
I i WCR 76-33 TO HWY SS PROJECT
T.K.FARMS,INC.
WELD COUNTY,COLORADO U N T Y PROJECT NO: HRP-9I
1 � DATE 12-15-22 DRAWN BY.DRNISHEET:I pP2
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Carly Koppes,Clerk and Recorder,Weld County,CO
�kl�Pur, III
EXHIBIT-A
,,1 NW CORNER S36-T7N-R66W h'� WB2,LLC
FOUND 3-1/4"ALUMINUM CAP 4,
.-LS33fi 2,2006 IN MONUMENT BOX
Nona4
i...
BASIS OF BEARING O _
- - - -çN22E2676 " ]
P.O.B. RIGHT-OF-WAY
RD BK 3,3,PG 99
7-13-1882
L2
L¢ N-1/4 CORNER S36-17A1-066
I 13 FOUND 3-1/4"ALUMINUM CAP
LS33642,2006 IN MONUMENT BOX
lGH T--0—WAY
ACQUIRED
I 171 sf.
I I I OR 0.004 oc.±
4 I I T.K.FARMS,INC.
#"`�� RECP.#1 93 58 670 08-1976
g' PARCEL-B,RE-1224
REC#2202820,1-16-1990
CU
4 LINE TABLE
I- UNE BEARING DISTANCE 41'*,
01
U , 'T L1 S43'27`30"E 40.52' 44<
12 N88'46'22"E 24.75'
(it 'N4
N I L3 $6O'54'O6"W 29.51' `'
.Z, I I L4 Ntl4'1$'26"E 13.86'
04 � N
44o4 7 ry:6 ..i;rr
H
( POSTING 60' -•. Y .S.
4. I RIGHT-OF-WAY <'4 0
4.
RD BK 3,PG 99
Z I 7-13-1882 a rr
I l3Aq.AN['I
I I_W-1/4 CORNER S36-T7N-R66W
FOUND 3-1/4"ALUMINUM CAP
I( 1534995,2016 IN MONUMENT BOX
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 �► WELD COUNTY DEPARTMENT'
ACQUISITION ..- OF PUBLIC WORKS
•` - ,, ' WCR 76-33 TO HWY 85 PROJECT
L'r I
T.K.FARMS,INC. PROJECT NO: HRP-91 1SCALE.1"=30
WELD COUNTY,COLORADO ..Q t N T Y, 11
_I DATE 12-15-22[ORAWN BY.DRHI SHEET.2 of 2
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Carly Koppel,Clerk and Reoorder,Weld County,CO
VIII 1gAllitigr lierniAll'AlCIal iiiii lkh 11111
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement(TCE),is made between T.K.FARMS,INC.(referred to
herein as"Owner",whether one or more),whose address is 35197 Cornerstone Way,Windsor,
CO 80550 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"):
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 Owner
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 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 Right-of-Way shall
remain open throughout the term of the TCE.
GRANTOR:
T.K.FARMS,INC.
4 38M4 01/05/2024 11,50 gAM R Fee.$100
Carly Koppea,Clerk and Records.,Weld County,CO
®III r rinialel higj 'I Mells'EP'bl it ,I 111
EXHIBIT-B
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 36,TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID
PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO.0707-36-3-RE1224 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2202820,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST
ONE-QUARTER AS BEARING,NORTH 88'46'22"EAST,A DISTANCE OF 2676.94 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 36,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 31'49'25"EAST,A DISTANCE OF 50.88 FEET,TO A POINT ON THE EASTERLY
RIGHT-OF-WAY OF COUNTY ROAD 35,FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3,PAGE 99,SAID POINT BEING THE TRUE POINT OF BEGINNING.
I THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY,NORTH 60'54'06"EAST,A DISTANCE OF 29.51
FEET,TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD 76,FILED IN THE WELD
COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76,NORTH 88'46'22"EAST,
A DISTANCE OF 55.37 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY,SOUTH 04°18'26"WEST,A DISTANCE OF 50.00
FEET;
THENCE SOUTH 88'46'22"WEST,A DISTANCE OF 55.00 FEET;
THENCE SOUTH 04'18'26"WEST,A DISTANCE OF 50.00 FEET;
THENCE SOUTH 88'46'22"WEST,A DISTANCE OF 25.12 FEET,TO A POINT ON THE EASTERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 35;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY,NORTH 04'18'26"EAST,A DISTANCE OF 86.14 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 5,066 sf.OR 0.116 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES,
SURVEYOR IN AND FOR WELD COUNTY,COLORADO.
DANIEL R.HOLMES a *^ .�i
PLS 38213 • `;al
LANDS
TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT
: 861:' OF PUBLIC:WORKS
EASEMENT ACQUISITION
WCR 76-33 TO HWY 85 PROJECT
T.K.FARMS,INC. PROJECT NO: HRP-91 SCALE:
WELD COUNTY,COLORADO G Li 1'4_21
DATE:9-05-23 DRAWN BY DRII SWEET:I of 2
4938544 Pages: 10 of 11
01/05/2024 11:50 AM R Fee:$0.00
Carly Koppel,Clerk and Recorder,Weld County,CO
1111lM1110''01WihilMNI:R11VWmhlI II
EXHIBIT-B
t
� ~`
NW CORNER S36 T7N-R66w C 1,, CVVB?,LLC
r� FOUND 3-1/4"ALUMINUM CAP 4'%
, S33642,2006 IN MONUMENT BOX
_ _ BASIS OF BEARING .. ..._.
O _
N88'46'22"E 2676.94' EXISTING 60' Y
WCR 76 RIGHT-OF-WAY
RDBK3.PG99
L1 7-13-1882
L3 .. .....
L2 N-1/4 CORNER S36-T7N-R66
L4 FOUND 3-1/4"ALUMINUM CAP
LS33642,2006 IN MONUMENT BOX
P.O.B' TEMPORARY CONSTRUCTION
I EASEMENT ACQUIRED
5,066 sf.
L8 L5 OR 0.116 ac.±
;a rr I L6 T.K.FARMS,INC.
,,,,,.,/),,,,'
���'y PARC.#070736000012
`'`• RECP.#1693158,7-08-1976
S' PARCEL-B,RE-1224
L7 REC#2202820,1-16-1990
I
Z
O I LINE TABLE , `h
_ LINE BEARING DISTANCE �`�,�r�
�' L1 S31'49'25"E 50,88' ,a.
L2 960'54'06"E 29.51' ''
L. N 1 I L3 988'46'22"E 55.37' -
i" I 3 I L4 S04'18.26"W 50.00'
L5 S88'46'22"W 55.00'
Z
N L6 S04'18'26"W 50.00'
.- L7 S88'46'22"W 25.12' ..•- ,,
Z I t L8 N04-18'26"E 86.14' •'.;P°O
C/, XISPNG 60'
I RIGHT-OF-WAY ,9,,;`1-Y0
.. y• (1,O RD BK 3,PG 99 C7
Z 7-13-1882 :-o:- 4J
1 �' --.---$.... 4
1 1 /4AL LANpS�
W-1/4 CORNER S36-T7N-R66W
FOUND 3-1/4"ALUMINUM CAP
LS34995,2016 IN MONUMENT BOX
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.
TEMPORARY CONSTRUCTION �; WELD COUNTY DEPARTMENT
1861,*.'-e OF PUBLIC WORKS
EASEMENT ACQUISITION
WCR 76-33 TO HWY 85 PROJECT
T.K.FARMS.INC. PROJECT NO: HRP-91 ISCALE:1"=50
WELD COUNTY,COLORADO 2--GAUNT-
_1 DATE:4-05-23'DRAWN BY:DRHISHEET:2 of 2
4938544 Pages. 11 of 11
01/05/2024 11:50 AM R Fee:$0.00
Carly Koppes,Clerk and Recorder,Weld County,CO
lIII rdlrilIklidinitiln'III S I'll'al!h f'l 7! ish 1I II I
Contract Form
Entity Information
Entity Name* Entity ID* Q New Entity?
TK FARM INC @00047882
Contract Name" Contract ID Parent Contract ID
TK FARMS INC 7676
Contract Status Contract Lead* Requires Board Approval
CTB REVIEW TVJOHNSON YES
Contract Lead Email Department Project#
tvjohnson@co.weld.co.us
Contract Description*
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN TK FARMS
IN AND WELD COUNTY,COLORADO
Contract Description 2
Contract Type" Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 12/09/2023
12/13/2023
Amount* Department Email
$5,000.00 CM- Will a work session with BOCC be required?*
PublicWorks@weldgov.co NO
Renewable*
NO Does Contract require Purchasing Dept.to be
Department Head Email included?
Automatic Renewal CM-PublicWorks-
DeptHead@weldgov.com
Grant
County Attorney
GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
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
12/13/2023
Termination Notice Period Committed Delivery Date Expiration Date*
12/17/2026
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
.CURTIS HALL CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/13/2023 12/14/2023 12/14/2023
Final Approval
BOCC Approved Tyler Ref#
AG 121823
BOCC Signed Date Originator
TVJOHNSON
BOCC Agenda Date
12/18/2023
yCt
MEMORANDUM
du y
1;. r 4m- gi
' r
TO:Clerk to the Board DATE:November 29,2023
FROM:Tiffane Johnson—Public Works Dept.
SUBJECT: Consent Agenda-Accept Deed of Dedication
CONTRACT ID:7676
RE: WELD COUNTY ROAD 76 AND WELD COUNTY ROAD 35
Accept Deed of Dedication between T.K.FARMS,Inc,and Weld County,Colorado. The Agreement for
Purchase was approved on December 13,2023 at Docket No.2023-3725.
C 1 p001)
2/2/29
et,n X23-3723
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED,made this a day of_j, -. ,OoH1 between T.K.FARMS,INC (referred to herein
as"Grantor",whether one or more),whose legal address is 35197 Cornerstone Way,Windsor,CO 80550
and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of
County Commissioners(referred to herein as"Grantee"),whose legal address is 1150"O"Street,Greeley,
Colorado 80631:
WITNESSETH:That Grantor,for and in consideration of payment made by Grantee,the receipt and
sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(1)(a),
hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,that real property
lying and being in the County of Weld,State of Colorado,to wit
The real property described and depicted on the attached Exhibit.
EXCEPTING oil,gas,hydrocarbons,and mineral leases,liens,encumbrances,rights-of-way,easements,
and utilities thereto existing or of record,and
RESERVING unto Grantor the mineral estate under said property,including oil,gas,hydrocarbons and any
and all water rights including non-tributary and not non-tributary water currently attached to,upon,under,
or associated with said property,except as required to sustain the integrity of the Public Highway.
GRANTOR:
T.K.FARMS,INC.
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of,n,r'e ,1 ,2023,
r by tfa ,
Witness my hand and official seal. Vanessa Weidenkeller
NOTARY PUBLIC
I STATE OF COLORADO
NOTARY ID 20224018984
MY COM
Qa � GL)),[e., e_ �� S MISSION EXPIRES MAY 11,2026
Notary Public
U�
aSh ACCEPTANCE
3 r�
The County of Weld,by and through its Board of County Commissioners,hereby accepts the above
m3 dedication of property as a Public Highway(Public Right-of-Way)pursuant to C.R.S.§43-2-201(1)(a).
o °'�- Dated this O day of, n ue( ,2024
-°�
LL o
. ATTEST: BOARD OF COUNTY COMMISSIONERS
�iQ�r
f
Weld C Clerk to the B•rd WELD COUN , O
N m By: `��..���,��I ) 'C
N R Deputy Cle�'to t e Bo r 7 `=e",-r),hair,Board of County Commissioners
ram *No Deed of Dedication is valid u f , °' r of County Commissioners pursuant to CRS.
�"'�-�43-2-201(1)(a). q .�
tto Cat
l ®02,3 3775 Cl)
EXHIBIT-A
4,1,,- P.O.C.
NW CORNER S36—TTN—R66W S���
bS I FOUND 3-1/4"ALUMINUM CAP ,31 WB2,LLC
S1' LS33642,2006 IN MONUMENT BOX
_ BASIS OF BEARING_ O _ _ �1
N88'46'22"E 2676.94' D(ISTING 60' V
1Cle 76 L1 P.O.B. RIGHT-OF-WAY
RD BK 3,PG 99
7-13-1882
L2 mni
I
L4 L3
RIGHT-OF-WAY
N-1/4 CORNER S36-T7N-R66
FOUND 3-1/4"ALUMINUM CAP
LS33642,2006 IN MONUMENT BOX
ACQUIRED
I 171 NR.
OR 0.004 ac.±
I '
1N�b� I I T.K.FARMS,INC.
lyti��� PARC.#070736000012
'� RECP.#1693158,7-08-1976
S'' PARCEL-B,RE-1224
REC#2202820,1-16-1990
U
I
_ 4 LINE TABLE
® o I LINE BEARING DISTANCE ti\ ,A
L1 S43'27'36"E 40.52' ,�,,
,,
-, c„) L2 N88'46'22"E 24cil .75' ,'I,•
o C L - Lel— N ' L3 S60'54'06"W 29.51' S
I C 8 I L4 N04'18'26"E 13.86'
>,,,,, rL)
J
�: trl N
mar- H (/l I � .•Fd�"'..
DQSTING 60' /
MaL w I RIGHT-OF-WAY r l°�
O W' o RD BK 3,PG 99 g+
Lt-o_ ! 7-13-1882 - .elm fl�l:
romLl 9414LAW4
-c",T ' 1 W-1/4 CORNER S36-T7N-R66W
,p, FOUND 3-1/4"ALUMINUM CAP
N`r IL
L LS34995,2016 IN MONUMENT BOX
p_4
°®ENY`_ NOTE:THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
N' LAND SURVEY OR LAND SURVEY PLAT.IT IS INTENDED TO
m
ii - ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY WELD COUNTY DEPARTMENT
1
ACQUISITIONS 861 OF PUBLIC WORKS
t WCR 76 33 TO HWY 85:: -
WELDT.K.FARMS,INC.COUNTY,COLORADO Nr T YE:1"=50
COUI
DATE:12-15-221DRAWN BY:DRHISHEET:2 of 2
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 36,TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID
PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO.0707-36-3-RE1224 FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2202820,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST
ONE-QUARTER AS BEARING,NORTH 88'46'22"EAST,A DISTANCE OF 2676.94 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 36,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 43'27'36"EAST,A DISTANCE OF 40.52 FEET,TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF COUNTY ROAD 76,FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3,PAGE 99,ALSO BEING THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 35,FILED IN THE
WELD COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99,SAID POINT BEING THE TRUE
POINT OF BEGINNING.
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76,NORTH 88'46'22"EAST,
A DISTANCE OF 24.75 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY,SOUTH 60'54'06"WEST,A DISTANCE OF 29.51
FEET,TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY,NORTH 04'18'26"EAST,A DISTANCE OF 13.86 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 171 sf.OR 0.004 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES,
SURVEYOR IN AND FOR WELD COUNTY,COLORADO.
DANIEL R.HOLMES .'OO
PLS 38213 •• t vii
®: Rte '
AL LAH
1
4938545 Pages: 2 of 3
01/05/2824 11;50 AM R Fee,$0.00
Carly Kocces,Clerk and Recorder,Weld County,CO
WilielaiP3Gk1k0 II II
RIGHT OF WAY + , WELD COUNTY DEPARTMENT
ACQUISITION z_ OF PUBLIC WORKS
•
WCR 76-33 TO HWY 85 PROJECT
T.K.FARMS,INC. PROJECT NO: HRP-91 SCALE:
WELD COUNTY,COLORADO ]C p UN T Y
DATE:12-15-22IDRAWN BY:DRHISHEET:1 of 2 •
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