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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 Page 1 of 4 4938550 Pages: 1 of 12 01/05/2024 11:50 AM R Fee:$0.00 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 Page 2 of 4 4938550 Pages: 2 of 12 01/05/2024 11:30 AM R Fee:$0.00 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 Page 3 of 4 4938550 Pages: 3 of 12 01/05/2024 11:50 AM R F.s:$0.00 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 4938550 Pass: 4 of 12 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 4938550 Pages: 5 of 12 81/06/2024 11:50 AM R Fe.:$0.00 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 4938550 Pages: 6 of 12 01/05/2024 11:50 AM R Fee:$0.00 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). 4938550 Pages: 7 of 12 01/05/2024 11:50 AM R Fee:$0.00 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 4938550 Pages: 8 of 12 01/00/2024 11:50 AM R Fee:$0.00 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 ff Fp 0 c.6,1 %"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 larillyirjoe,61,4ormrkariVerilioriiiWNoillirioliunrtmyW.ldCounty,CO�M illir o�R lrii UI III 1 ili, • se r it _. . ,0 I . . ,i ''.. . _iiil)t,:coicitcrif .i..41- . - ...\ .._pl. Ale 8r:II t It a. :1 ' ..!':' % JO IN p• 4 :4 0 e-r.,A44 .. IOtcfci : 1 . y « 4 v - . a • --. F.'? , - . . . . . -7 t 1 i la: an Y� S -w 41 W : ',NER I II. iv S354c7N— Rg6W— . �' �' WCR 76 j _4114 _4_ ___ ____. Lo . -- - v • ., , ,, , , ._ :, \ . . • • - .• - `'� :Ntsri: '4f` HT— OF— WA `s'• =�ti.A .e .,4\R �_.. c `ti;\�.:N:It CI,:\\ -��` \ • ACQUIRED 992 sf. OR 0. 023 • TCE - 2 --/ TCE-1 ac . ± 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 I. 4 DCP MIl1 ,E, til, LP C I ' 30.W te.biresi REC#39M 056, 4-08-2013 1 30 PF1'EL INE EASEk{ENF ' t it I i 44%4k10 4 DCP MIDSRE&.M, LP -+ REC#3757261 , 3-21 -2011 30' PIPELINE EASEMENT /3CL0oi/ co) ti � NOFFSINGER MFG . CO . , INC . I i1 b' NE- 1/4 S35--T / N - R66W ,! I S'' __.... es._ I 1 n /4 \\b` rb 4 nitt•W- - -- __ i i // 7 6 ' I . -+ . c-PI . .. IF t„„. vg.; \ \. --0/ , RE"_ ul1 • 352, l - I6-19Sta I / 1 fir L C - LINE FASEMENT / /de I i /1 I . fro- .._,, i _ _ .. . 4lw • 11 I I . , . . -i 4 A 1 .. I ll y- , _ 4,,,, � � I .. , / L, ; II ,I I -."'"•••••••..... �- I 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 Hello