HomeMy WebLinkAbout20233726.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-NOFFSINGER MANUFACTURING COMPANY,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
Noffsinger Manufacturing Company,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 Noffsinger Manufacturing Company,
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 EXCUSED
� '�'`' Mik eman,Ch 'r
Weld County Clerk to the Board
erry .B ck,Pro-Tem
B • 1
Deputy Clerk to the Board
K.James
APP ED •
1861 t0
.Ross �~
County orney th
17`ZI Z3 I Saine
Date of signature:
cc:pr,4(c ,ow/Se/-{p) 2023-3726
O2/oS/Oy EG0081
Conac4 l D±ht0-11
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.
2023-3726
zAg Eel 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 Mends Work Session Other/Comments:
Perry L.Buck,Pro-Tern
Mike Freeman,Chair
Scott K.James
Kevin D.Ross
Lori Seine
ill morpommormi ivifrAtd,x, 7O71
" MEMORANDU
TO: Clerk to the Board DATE:December 12,2023
FROM: Tiffane Johnson—Public Works Dept.
i; SUBJECT:Agreement for Purchase of Public Road
'A�:E r _.,,... Right of Way and Temporary Construction Easement
CONTRACT ID:7677
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 Noffsinger Mfg.Co.,Inc and Weld County,Colorado.
Total Compensation to be paid to Owner is$5,000.00 for 992 square feet(0.023 acres)of Public Road Right of
Way and 17,699 square feet(0.406 acres)of Temporary Construction Easement.
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN NOFFSINGER MANUFACTURING CO.INC,AND
WELD COUNTY,COLORADO
THIS AGREEMENT is made this day r of pQ(`Q ,I1s023,by and between
Noffsinger Manufacturing Co. Inc.,whose address is 500 6'Ave. Greeley, CO 80651
hereinafter collectively referred to as"Owner,"and WELD COUNTY,a body corporate and
politic of the State ofColorado,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:
[. 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
I. 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
I. 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,
within 30 days from the date the title company closing the transaction on behalf of the
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Carly Kopp.,Cler
IIIKopM4ilel nf R'1 «fs X1County
.�CO
"Ill oloa�-
Page 2 o f 4
AGREEMENT FOR TI{E PURCHASE OF CERTAIN PROPER,FOR PUBLIC
ROAD IMPROVEMENTS BElWEEN NOFFSINGER AND WEEDCOUN1,.
COLORADO
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 he 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 impacted by the project as shown on
Exhibit C as part of the project.County agrees to have irrigation improvements completed
prior to April 15,2024. Owner shall not be responsible for any costs associated with the
relocation,design,or construction of the proposed irrigation facilities.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. If Owner's call for water comes after April 15,2024 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 needing irrigation water based on current market value at the
time of harvest.
6. Prior to road construction County will camera the irrigation line to document the existing
condition from Owner's irrigation structure northeast to the vent pipe located in the CR 35
ROW.In the event the irrigation line within the public road right of way is damaged during
construction the County will repair or replace.Weld County will not be liable for damage
to the irrigation pipe located outside of the public road right-of-way.
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
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Carly Kopp.,Clark and Raoordar,Wald County,CO
Page 3 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN NOFFSINGER AND WELD COUNTY,
• COLORADO
property taxes,and any past due property taxes,(and interest and penalties thereon),on or
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 topple,Clerk and Recorder,Weld County,CO
1III IRIPNWIIMIW{:' VOIM I EI igi
Pagc 4 of 4
AGREEMENT FOR THE PURCHASE OE CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN NOFFSINGER AND WELD COUNTY,
COLORADO
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:
(bat No roger
ATTEST: �jJ LD'A BOARD OF COUNTY COMMISSIONERS
Weld .0 ty Clerk to the B.rd WE NTY,COL RADO
deputy C tot a Bo.����.4,� erry L.B Chair Pro-Tem
►' 114Z5♦ DEC 1 8 2023
Page 4 of 4
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Carly
Kopp.,
24 11:50 r An R Frd:,Wald p.20o?�-374-4'
Carly Kopp��,Clerk and Rsoord.r,W.ld County CO
lIII I rA i4liNTNIMIKPICIMAIri U'.li Bill
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 35,TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID
PARCEL BEING A PORTION OF THE DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO.1598972,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST
ONE-QUARTER AS BEARING,SOUTH 88'37'38"WEST,A DISTANCE OF 2650.20 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 46'28'02"WEST,A DISTANCE OF 44.70 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 WESTERLY 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_Q,EcaltiNlag,
THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35,SOUTH 04'18'26"WEST,A
DISTANCE OF 49.93 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY,NORTH 36'32'30'WEST,A DISTANCE OF 60.78
FEET,TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY,NORTH 88'37'38"EAST,A DISTANCE OF 39.95 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 992 sf.OR 0.023 oc.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES,
SURVEYOR IN AND FOR WELD COUNTY,COLORADO.
,•00.2 t
DANIEL R.HOLMES
PLS 38213 ,��pp ''''" S
A ?�
4NAC lA.i0
RIGHT OF WAY WELD COUNTY DEPARTMENT
ACQUISITION 1861- OFF PUBLIC WORKS
1 t I r ' -- N WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. - • �� _ PROJECT No: 1IRP-91 SCALE:
WELD COUNTY,COLORADO C-oil)Nil:-
I DATE:12-16.22IDRAWN BY:DRHISHEET:1 oft
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Carly Kappa.,Clark and Rsoordsr,Wald County,CO
IIIII Nrdin1 fIiN Ali 10:%0141114,1M W 11111
EXHIBIT—A
`\a bbd �����4
4,�° P.O.C. S4,��
NE CORNER S35-T7N-R66W
S �
N-1/4 CORNER S35—T7N—R66W oh S
FOUND 3-1/4"ALUMINUM CAP �V
FOUND 3-1/4'ALUMINUM CAP LS33642.2006 IN MONUMENT BOX
LS4392,2002 IN MONUMENT BOX
EXISTING 60'
iIII RIGHT-OP-WAY 'r i ti/
Po I BK 3,PG 99 �I
- 7-13-118132_ BASIS OF BEARING _ _.
--1�`- '-- S88'3738"W 76+0 2A'
P.0.6.
Lt
L4
- - i�' L2
RIGHT-OF-WAY L3
992
ACQUIRED I
LINE TABLE \ OR 0.023 oc.± I
LINE BEARING DISTANCE '
L1 S46'28'02"W 44.70'
i
L2 50418'26"W 49.93'
L3 N36'32'30"W 60.78' DCP 810591AM,OP I
L4 N88'37'38"E 39.95' RECW3923056,4-08-2011
30'PIPELINE EASEMENT
NOFFSINGER MFG.CO.,INC. 3°.°°' w
PARC.#070735000011
RECP.#1598972,10-04-1972 'rii E~
NE-1/4 S35-T7N-R66W I NA
I 1\I4 bb
cp,D O L �o S
:7:0/t,„
tv1
!STING eo'
RIGHT-OF-WAY
34 ROBK3,PG99
l41-2P2 tA�tl" 7-13-1882
L.LAiiS �� HOME LIGHT a POWER,1 AIPa,e
S,'S' RECWI122352,1-16-1952 `•1
ELECTRIC LINE EASEMENT
NO WIDTH '
E-1/4 CORNER 535-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 illif
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY WELD COUNTY DEPARTMENT
ACQUISITION L-`- ``_ _f OF PUBLIC WORKS _
r = 4, , WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. r r
WELD COUNTY,COLORADO 1 TOE PROJECT NO: HRP-91 SCALE:1"=50
NTY.
DATE:12-I6-22IDRAWN BY:URHISHEET.2 of 2
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Carly Kopp..,Clark and Recorder,Weld County,CO
VIII FA lMhlViMMAIlMINIDi 1h Ili 161 III II
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED,made this day of , ,between Noffsinger Manufacturing Co.Inc.
(referred to herein as"Grantor",whether one or more),whose legal address is 500 6t°Ave.Greeley,CO
80631 and the County of Weld,a body corporate and politic of the State of Colorado,by and through its
Board of County Commissioners(referred to herein as"Grantee"),whose legal address is 1150"O"Street,
Greeley,Colorado 80631:
WITNESSETH:That Grantor,for and in consideration of payment made by Grantee,the receipt and
sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(1)(a),
hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,that real property
lying and being in the County of Weld,State of Colorado,to wit:
The real property described and depicted on the attached Exhibit.
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:
Robert Noffsinger
STATE OF
ss.
COUNTY OF
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(I Xa).
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 valid until accepted by the Board of County Commissioners pursuant to C.R.S.
43-2-201(1)(a).
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Carly Kopp.,Clerk and Recorder,Weld County,CO
!Milli&L AI II
EXHIBIT-B
PROPERTY DESCRIPTION
TWO PARCELS OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 35,TOWNSHIP 7
NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,
SAID PARCELS BEING A PORTION OF THE DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS
OFFICE UNDER RECEPTION NO.1598972,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TCE-1
COMMENCING.AT THE NORTHEAST CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH UNE OF SAID NORTHEAST
ONE-QUARTER AS BEARING,SOUTH 88'37'38"WEST,A DISTANCE OF 2650.20 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 66'18'33"WEST,A DISTANCE OF 79.00 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,SAID POINT BEING THE TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY,SOUTH 36'32'18"EAST,A DISTANCE OF 60.78
FEET,TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 35,FILED IN THE WELD
COUNTY COMMISSIONERS RECORDERS UNDER BOOK 3,PAGE 99;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY,SOUTH 04'18'26"WEST,A DISTANCE OF 22.94 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY,NORTH 36'32'18"WEST,A DISTANCE OF 88.70
FEET,TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY,NORTH 88'37'38"EAST,A DISTANCE OF 18.35 FEET
TO THE TRUE DOINT OF BEGINNING.
SAID PARCEL CONTAINS 1,121 sf.OR 0.026 ac.MORE OR LESS.
TCE-2
COMMENCING AT THE NORTHEAST CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST
ONE-QUARTER AS BEARING,SOUTH 88'37'38"WEST,A DISTANCE OF 2650.20 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 74'01'04"WEST,A DISTANCE OF 118.94 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,SAID POINT BEING THE TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY,SOUTH 01'22'22"EAST,A DISTANCE OF 40.00
FEET;
THENCE SOUTH 88'37'38"WEST,A DISTANCE OF 259.99 FEET; ,
THENCE SOUTH 2517'06"WEST,A DISTANCE OF 9.01 FEET;
THENCE SOUTH 53'51'49"EAST,A DISTANCE OF 35.00 FEET; { 1
CONTINUE ON PAGE 2; • , 11-
TEMPORARY CONSTRUCTION , WELD COUN 1 PARTMENT
EASEMENT ACQUISITION
OF PUBLIC WORKS
WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. PROJECT N0: HRP-9I I SCALE:
WELD COUNTY,COLORADO C O U
_DATE:12-16.22jDRAWN BY:DRH4SHEET.I of 3
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Carly Koppel,Clerk and Recorder,Wald County,CO
IIII 1PMF 'I+ 'GCE G IAT dlkll kr14Wk 1I II 1
EXHIBIT-B
PROPERTY DESCRIPTION
THENCE SOUTH 37'16'57"WEST,A DISTANCE OF 25.00 FEET;
THENCE NORTH 56'18'30"WEST,A DISTANCE OF 92.00 FEET;
THENCE NORTH 68'11'46"WEST,A DISTANCE OF 28.03 FEET,TO A POINT 25.00 FEET SOUTH AND
PERPENDICULAR TO SAID SOUTHERLY RIGHT-OF-WAY;
THENCE SOUTH 88'37'38"WEST,A DISTANCE OF 34.96 FEET;
THENCE NORTH 01'22'22"WEST,A DISTANCE OF 25.00 FEET,TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 76;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY,NORTH 88'37'38"EAST,A DISTANCE OF 387.92
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 16,548 sf.OR 0.380 ac.MORE OR LESS.
THE COMBINED AREA FOR TCE-1 AND TCE-2
CONTAINS 17,669 sf. OR 0.406 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 p0.0...LI
ss� -za-?J
ONA!L ki0
WELD COUNTY DEPARTMENT
TEMPORARY CONSTRUCTION OF PUBLIC WORKS
EASEMENT ACQUISITION
_ aIi r -- a WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. a > r PROJECT NO: HRP-91 I SCALE:
WELD COUNTY,COLORADO G OU N 7
DATE:12-16-22j0RUWN BY:URHjSHEET.2 of 3
4938550 Pages: 9 of 12
01/09/2024 11150 AM R Fee:$0.00
Carly Koppel,Clerk and Recorder,Weld County,CO
h+atiiIM ligIN ITI I DIU IN
EXHIBIT-B
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%"14Ff 'Yrs
N-1/4 CORNER S35—T7N—R66W , �.'• Z ' '5
FOUND 3-1/4'ALUMINUM CAP 4A,'... S''''
FOUND S
LS4.7.2OO2 IN MONUMENT BOX �ONA!LANpS�
EXISTING eV P.O.C.
NE CORNER S35-17N- 6W
RIGHT-Of-wAY FOUND 3-1/4"ALUMINUM CAP
RD ex 3, 99 LS33642,2006 IN MONUMENT BOX
?-I]-18d7
.0.B. WCR. 76
1 TCE 1 _ ICE-1
BASIS OF BEARING
58.8'37'38"W 265a 2o- l E 1
L16
L15 L7
Li LI 4
TGE-2� 9 10 TCE-1L8 -� L3 1
TEMORARY CONSTRUCTION L/2 L.11 TEMORARY CONSFRUCTTONt ' U
EASEMENT ACQUIRED EASEMENT ACQUIRED 11 Z=
16,548 sf.OR 0.380 ac.t 1,121 sf.OR 0.026 ac.t
NOFFSINGER MFG.CO.,INC. DCP YI05REAll,LP
120,01 /PARC.#070735000011 REC#3923056,9-08-2013 / I Q
RECP.#1598972,10-04-1972 30'PIPELTF3 EASEMENT ( f G>~
NE 1/4 S35-T7N-R66W ,,a bb@ LINE BEARING LINE BL DISTANCE Y' 0CP MIDSREAM,LP I N .,\1�bkrc�'7 30'PIPELIN 3-21-2011 3 �,Lt S66'18'33"W 79.00' 30'PTPELrrE PnsP�xT 30.00
L2 S36.32'30"E 60.78' rill Sib'
L3 SO4'18'26'W 22.94' ��. r-
L4 N36'32'30"W 88.70' HOME LIGHT I1 POWER + ,; /
L5 N88'37'38"E 18.35' RECtt1122352,1-16-1952 "*
SORG so.
L6 S74'01'04-W 118.94' 003019:0 LIrE EASEre3" � 7:014T—OF—WAY°
L7 SO1'22.22"E 40.00' NO MTH t3PO
L8 S88'37'38"W 259.99' �--- I � . R7018:
0 1 33-1 882 6 99
L9 S25'17'06"W 9.01' • '
L10 S53'51.49-E 35.00' _ _ _ J
L11.S37'16'57"W' 25.00' 1 r 60'
L12 N56'18'30"W 92.00'
L13 N68'11'46"W_ 28.03' 1 i
$6
L14 S88'37'38"W 34.96'
L15 NO1'22'22"W 25.00' E-1/4 CORNER S35-T7N-R66W
L16 N88'37.38"E 387.92' 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. I i,.'
TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT
EASEMENT ACQUISITION 'g611 OF PUBLIC WORKS
T 1 E `- 1' WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. A L r PROJECT NO: HRr•91 SCALE:1"=100
WELD COUNTY,COLORADO ?c Q_U N.Y
i
1 DATE:12-I BY:I)R.IIJSHEET.3 of3
4938550 Pages: 10 of 12
01/05/2024 11:00 AM R Fee:$0,00
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TEMORARY CONSTRUCTION TEMORARY tONSTRUC N /VI I
EASEMENT ACQUIRED EASEMENT .6CQU1RED • U
16, 548 sf. OR 0. 380 ac. ± 1 , 121 s€. 0. 026 ac. I i
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DCP MIl1 ,E, til, LP C
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30.W te.biresi
REC#39M 056, 4-08-2013
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DCP MIDSRE&.M, LP
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REC#3757261 , 3-21 -2011
30' PIPELINE EASEMENT /3CL0oi/
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NOFFSINGER MFG . CO . , INC .
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4938550 Pages : 11 of 12
01 / 05 / 2024 11 : 50 AM R Fee : $0 " 00
Carly Koppel' , Clerk and Recorder , Weld County , CO
IllifItliMiliNfirif lit 117101.iiiii , ZPII3Mlimi, III III
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement(TCE),is made between Noffsinger Manufacturing Co.
Inc.,(referred to herein as"Owner",whether one or more),whose address is 500 6`f'Ave.Greeley,
CO 80651 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"):
WITNESSETEt: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:
I. 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 ofCounty 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:
Robert Noffsinger
49383'30 Pages: 12 of 12
el/05/2024 11:50 AM
1 Recorder,e,80.00 county CO
Carly Koodes,Clerk
11111 Int!'1314MINCIf ti.4,+r1 IN IVIVIZIN h lull
Entity Information
Entity Name* Entity ID* Q New Entity?
NOFFSINGER MFG @0001 3674
Contract Name* Contract ID Parent Contract ID
NOFFSINGER MFG.CO.,INC. 7677
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
NOFFSINGER MANUFACTURING CO.INC.,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*
m
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
smitimvss
MEMORANDUM
TO: Clerk to the Board DATE: December 18,2023
' FROM: Tiffane Johnson—Public Works Dept.
SUBJECT: Consent Agenda-Accept Deed of Dedication
CONTRACT ID:7677
RE: WELD COUNTY ROAD 76 AND WELD COUNTY ROAD 35
Accept Deed of Dedication between Noffsinger Mfg.Co.,Inc.and Weld County,Colorado. The Agreement for
Purchase was approved on December 18,2023,at Docket No.2023-3726.
PPS
wasql
eonstri+t-49k,nac 03/05 2� 2,62.3-37Z10
Q/Z-1123 - � EGi00w
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED,made this Z1 day of laeefh& 7O23,-between Noffsinger Manufacturing Co.Inc.
(referred to herein as"Grantor",whether one or more),whose legal address is 500 e Ave.Greeley,CO
80631 and the County of Weld,a body corporate and politic of the State of Colorado,by and through its
Board of County Commissioners(referred to herein as"Grantee"),whose legal address is 1150"O"Street,
Greeley,Colorado 80631:
WITNESSETH:That Grantor,for and in consideration of payment made by Grantee,the receipt and
sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute§43-2-201(1)(a),
hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way,that real property
lying and being in the County of Weld,State of Colorado,to wit:
The real property described and depicted on the attached Exhibit.
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.
G O •
Ro Noff r
STATE OF elttc:OCO/
)
ss.
COUNTY OF ( 1&t-4 ) f
J�
The fo going irlstairilents acicnowledge4 before me this / day of12-g-e-- ,2023, •
by &GO
Witness my hand and official seal. 31
MARVA L.SUIT
st lit Notary Public.State of Florida
�' " Commission#HH 15826 'oc�
Notary Public '''T."' My Comm.expires June 29.2024 v
ACCEPTANCE
The County of Weld,by and through its Board of County Commissioners,hereby accepts the above •LL o
dedication of property as a Public Highway(Public Right-of-Way)pursuant to CRS.§43-2-201(1)(a).
r¢s�
Dated this Zthday of D€tryl V ,2023. �a
ATTEST: BOARD OF COUNTY COMMISSIONERS
•
Weld C: Clerk to the:oard WELD COUNTY,COLORADO
By: � fEL \ ®71.
Deputy ClS.to f e B , hair,Board of County Com ssioners
".. �1 DEC 2 7 2023
*No Deed of Dedication is valid u 1 a yi ,t oa j of County Commissioners pursuant to C.R.S.
43-2-201(1)(a). f ;
�w
" aO 3-37DCDCl)
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 35,TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,SAID
PARCEL BEING A PORTION OF THE DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO.1598972,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST
ONE-QUARTER AS BEARING,SOUTH 88'37'38"WEST,A DISTANCE OF 2650.20 FEET,TO THE NORTH
ONE-QUARTER CORNER OF SECTION 35,TOWNSHIP 7 NORTH,RANGE 66 WEST,ALSO DESCRIBED AS
SHOWN;
THENCE SOUTH 46'28'02"WEST,A DISTANCE OF 44.70 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 WESTERLY 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 WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35,SOUTH 04'18'26"WEST,A
DISTANCE OF 49.93 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY,NORTH 36'32'30"WEST,A DISTANCE OF 60.78
FEET,TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY,NORTH 88'37'38"EAST,A DISTANCE OF 39.95 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 992 sf.OR 0.023 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R.HOLMES,
SURVEYOR IN AND FOR WELD COUNTY,COLORADO.
DANIEL R.HOLMES �P:92.
PLS 38213
'g•'•
ALLAN
4938832 Pages: 2 of 3
01/05/2024 11:50 AM R F..:$0.00
Carly Kopp.,Clark and Raoordar,Wald County,CO
Dah lIIII
RIGHT OF WAY WELD COUNTY DEPARTMENT
ACQUISITION 1861 OF PUBLIC WORKS
I ti WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. 1
c oU rJ 7 Y PROJECT NO: HRP-91 I SCALE:
WELD COUNTY,COLORADO 1
DATE:12-16-22IDRAWN BY:DRHI SHEET:1 of 2
EXHIBIT-A
4),,,e' P.O.C. S
NE CORNER 535-T7N-R66W
N-1/4 CORNER S35-T7N-R66W ai FOUND 3-1/4"ALUMINUM CAP S''''
FOUND 3-1/4"ALUMINUM CAP L533642,2006 IN MONUMENT BOX
LS4392,2002 IN MONUMENT BOX l
r
4 EXISTING 60'
RIGHT-OF-WAY
WAY 76
RD BK 3,PG 99
7-13-1882 BASIS OF BEARING_ _ _..
S88'37'38"W 2650.20' P.O.B.
1 L1
NM UM L4
\ L2
RIGHT-OF-WAY L3
ACQUIRED I
sf.
LINE TABLE \ 0R20.023 06.± II
LINE BEARING DISTANCE
Ll S46'28'02"W 44.70'
I I
L2 SO4'18'26"W 49.93' (j
13 636'32'30"W 60.78' DCP 610060A.,LP + 4
L4 N88'37'38"E 39.95' REC113923056,4-08-2013 I
30'PIPELINE EASEMENT
NOFFSINGER MFG.CO.,INC. 30.0 I w
PARC.#070735000011
RECP.#1598972,1598972,10-04-1972 I 'F.,
E~
NE-1/4 S35-T7N-R66W I ,`I h� N I �,\0.�bb�
I3 I Sib00 L
.Y I � N
0
' .A24-111 RIGHTNG WAY
Q1 RD BK 3,PG 99
:P/".4,.•:::.
'7paZJ ��\�ebb 7-13-1882
°NAL LA 4C) ,c,\� HOME LIGHT do POWER COMPANY
S'''', REC.1122352,1-16-1952 4 0'
ELECTRIC LINE EASEMENT
NO WIDTH '
E-1/4 CORNER S35-17N-866W
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 illii•
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY WELD COUNTY DEPARTMENT
,. /2114A, OF PUBLIC WORKS
ACQUISITION -
I, l_j r 1, WCR 76-33 TO HWY 85 PROJECT
NOFFSINGER MFG.CO.,INC. A !-L VI II PROJECTNO: HRP-91 ISCALE:1"=50
�' •WELD COUNTY,COLORADO f
DATE:12-16-22IDRAWN BY:DRHISHEET:2 of 2
4938552 Pages: 3 of 3
01/05/2024 11:'30 AM R Faa:$0.00
Carly Koppaa,Clark and Recorder,Wald County,CO
IIIII IFJIY IIiuiileGi M .'I Ng raIlinglail4 l 11111
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