HomeMy WebLinkAbout20232243.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY
ROADS 6 AND 13 INTERSECTION IMPROVEMENTS PROJECT, AND AUTHORIZE
CHAIR TO SIGN ANY NECESSARY DOCUMENTS - DUANE AND
BERNICE KIRKMEYER
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 the Purchase of Public
Road Right -of -Way and Grant of Temporary Construction Easement for County Roads 6 and 13
Intersection Improvementss 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 Duane and Bernice Kirkmeyer, with further terms and conditions being as
stated in said agreement and temporary construction easement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
temporary construction easement, copies of which are attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the an Agreement for the Purchase of Public Road Right -of -Way
and Grant of Temporary Construction Easement for County Roads 6 and 13 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
Duane and Bernice Kirkmeyer, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and temporary construction easement.
cc •.pw (cr4IER/-rz)
05/31 /23
2023-2243
EG0081
AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND GRANT OF
TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROADS 6 AND 13
INTERSECTION IMPROVEMENTS PROJECT — DUANE AND BERNICE KIRKMEYER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtko XL:el
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPOVED`AS TO FOR
A .Count Attorney
Date of signature:
Mik- e- ' an, Chair
o-Tem
Scott K. Jame
Kevin D. Ross
Lori Saine
(AYE)
(AYE)
(AYE)
(AYE)
(NAY)
2023-2243
EG0081
C,othvcC* -u°_ t
MEMORANDUM
TO: Clerk to the Board DATE: July 27, 2023
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Agreement for Purchase of Certain Property for Public
Road Improvements
CONTRACT ID: 7267
RE: County Road 6 and County Road 13 Intersection Improvements
Approve the attached Agreement for Purchase of Certain Property for Public Road Improvements between C.
Duane Kirkmeyer and Bernice Kirkmeyer and Weld County, Colorado.
Total Compensation to be paid to Owner is $75,000.00 as outlined below:
• County agrees to pay $42,000.00 for 1.243 acres of Public Road Right of Way
• County agrees to pay $4,000.00 for 0.401 acres of Temporary Construction Easement
• County agrees to pay $15,000.00 as a cost to cure difference between opinions of value in the appraisals
to reach a volunatary settlment.
• County agrees to pay $14,000.00 as a signing incentive to maintain construction schedule.
2023-2243
FsIZ Eei OOY
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN C. DUANE KIRKMEYER AND BERNICE K.
KIRKMEYER AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this t, day of , 2023, by and between, C. Duane
Kirkmeyer & Bernice K. Kirkmeyer whose address i 583 22nd Avenue, Brighton, CO 80601,
hereinafter collectively referred to as "Owner," and the 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 attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter
referred to collectively as the "Property", and
WHEREAS, County finds it necessary to improve the intersection of Weld County Road
6 and Weld County Road 13 (hereinafter referred to as the "Project"), 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.
II. COMPENSATION; PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner, as described below, is seventy-five
thousand dollars ($75,000.00).
Owner agrees to sell, and County agrees to purchase at closing the Public Road
Right -of -Way described and depicted on Exhibit A for the sum of forty-two
thousand dollars, ($42,000.00).
b. Owner agrees at closing to sell, and County agrees to purchase the Temporary
Construction Easement described on Exhibit B for the sum of four thousand
dollars, ($4,000.00).
c. County agrees to compensate Owner fourteen thousand dollars, ($14,000.00) as
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII IYI���II:�'�41 'i'I�Y�i'R��4w�Yl G��� I1�4M�i'r li4�l� 1I 111
02003-2 3
Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS C. DUANE KIRKMEYER
AND BERNICE K. KIRKMEYER AND WELD COUNTY,
COLORADO
a signing incentive to maintain the construction schedule.
d. County agrees to compensate Owner fifteen thousand dollars ($15,000.00) as a
cost to cure the difference between opinions of value in the appraisals to reach
a voluntary settlement.
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. The dedication shall not be valid until accepted and
approved by the Board of County Commissioners and signed by the Chair or other person
delegated authority to sign on behalf of the Board.
3. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property, if any exists.
4. County agrees to remove temporary fencing and install new permanent fencing on the
right-of-way line upon completion of the project.
IV. TEMPORARY CONSTRUCTION EASEMENT(S)
1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering
all 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 and the Temporary Construction Easement 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 before the date of closing when Owner delivers
the Deed of Dedication to County. Owner is solely responsible for the payment of any
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Carly Koppes, Clerk and Recorder, Weld County , CO
Page of
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS C. DUANE KIRKMEYER
AND BERNICE K. KIRKMEYER AND WELD COUNTY,
COLORAIX)
amounts owed to a third party holding a security or other ownership interest in the Public
Road Right -of -Way and Temporary Construction Easement.
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, the
Temporary Construction Easement, and/or 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. No term or condition of this contract shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or
hereafter amended.
4. 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.
5. 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.
6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Agreement, Any provision included
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Carly Koppes, Clerk and Reoorder, Weld County , CO
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS C. DUANE KIRKMF,YF,R
AND BERNICE K. KIRKMEYER AND WELD COUNTY,
COLORADO
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.
3. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
OWNER:
ATTEST:
Bernice K. Kirkmeyer
,ddritiv Jele.,;„k.
Weld C . n Clerk to the
BY:
eputy Cl
APPROVED AS TO FO
o Attorney
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I r !'YDN,i'LI1Y4TIACI CIMi llitiM AU Bill
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman AUG 0 2 2023
o2oaa-aay
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NUMBER 4557235, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 67 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS
BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING
SOUTH 00'25'22" EAST, A DISTANCE OF 2656.05 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID
SECTION 30, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 66'44'56" EAST, A DISTANCE OF 76.43 FEET, TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 70.00 FEET EAST OF THE WESTERLY LINE OF SAID
NORTHWEST ONE -QUARTER AND DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK
AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3271883, SAID POINT ALSO BEING A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 6, BEING 30.00 FEET SOUTH AND PARALLEL WITH
THE NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER, AND DESCRIBED IN ROAD PETITION FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 25828, AND BEING THE
TRUE POINT OF BEGINNING.
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 89'51'34" EAST, A DISTANCE OF 993.05
FEET, TO A POINT ON THE WESTERLY LINE OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY,
BULL CANAL LATERAL NO. 1, DESCRIBED IN WARRANTY DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NUMBER 228996;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID BULL CANAL, SOUTH 27'05'36" WEST, A
DISTANCE OF 50.48 FEET, TO A POINT 75.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID
NORTHWEST ONE -QUARTER;
THENCE DEPARTING SAID BULL CANAL AND ALONG A LINE 75.00 FEET SOUTH AND PARALLEL WITH THE
NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 89'51'34" WEST, A DISTANCE OF 759.73
FEET;
THENCE SOUTH 65'42'16" WEST, A DISTANCE OF 229.63 FEET, TO A POINT ON SAID EASTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 13 BEING 70.00 FEET EAST OF THE WESTERLY LINE OF SAID
NORTHWEST ONE -QUARTER;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00'25'22" WEST, A DISTANCE OF 140.00
FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 54,137 sf. OR 1.243 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
RIGHT OF WAY
ACQUISITION
DUANE KIRKMEYER &
BERNICE KIRKMEYER- RW-03
WELD COUNTY, COLORADO
INIMINIP _
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 6 & 13 INTERSECTION PROJECT
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Carly Koppes, Clerk and Recorder, Weld County , CO
���� Itirdtrill4NMALIACCAYMPNilki.",Ilui III II
PROJECT NO: GR-56
SCALE:
DATE:11-04-22JDRAWN BY:DRHJSHEET: 1 of
EXHIBIT -A
'.O.C.
NW CORNER Vh GUiIERREZ W-1/16 CORNER
S30-TIN-R67W S19 & S30-TIN-R67W
FOUND 2 1/2" ALUM. CAP` EXISTING 60' RIGHT -Of -WAY FOUND 2" ALUM. CAP
LLPLS-24305, 2002 REC#25828 PLS-23027, 2001
IN MONUMENT BOX - - - JUNE 26, 1886 ii IN MONUMENT BOX
189'11/34" ^1291.49 WCR 6 _ -- Y' z
2
RW-03
RIGHT—OF—WAY
ACQUIRED
54,137 sf.
OR 1.243 ac.±
W
C. DUANE KIRKMEYER &
BERNICE K. KIRKMEYER
PARC.#146930000047 ,7
REC P.#4557235
EXISTING 6' RIGHT-OF-WAY
REC#1310, APR, 18, 1684
ADDITIONAL RIGHT-OF-WAY
REC#3271883, MAR. 28, 2005
REC#324665, DEC. 14, 2004
CORRECTED
REC#4244725, OCT. 13, 2016
W1/4 CORNER
S30-T1N-R67W
FOUND 3 1/4" ALUM. CAP
LS -36053, 2006
RIGHT OF WAY
ACQUISITION
DI JANE KIRKMEYER &
BERNICE KIRKMEYER- RW-03
WELD COUNTY, COLORADO
DRAWN BY: DRIIISHEET: 2 A2
G
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Carly Koppel, Clerk and Recorder, Weld County , CO
LINE TABLE
BEARING
S66'44'56"E
S89'51'34"E
S27'05'36"W
N 89'51'34"W
S65'42'16"W
N 00'25' 22"W
DISTANCE
993.05'
759.73'
229.63'
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.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 6 & 13 INTERSECTION PROJECT
PROJECT NO: GR-56 I SCALE: 1"=200
DATE.11-04-22
■III IFJP:YFNI'i' hIEI IIIIIIMICIillikfutDr'Ili II II
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this day of . 2023, between C. Duane Kirkmeyer and Bernice K. Kirkmeyer whose
address is 583 22nd Avenue, Brighton, CO 80601 (referred to herein as "Grantor", whether one or more), 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 A.
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:
C. Duane Kirkmeyer
Bernice K. Kirkmeyer
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:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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 Koppes, Clerk and Recorder, Weld County , CO
«ON ID' 1 AU 11111
EXHIBIT -B
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF
THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4557235, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID
BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 00'25'22" EAST, A DISTANCE
OF 2656.05 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 30, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 22'43'16" EAST, A DISTANCE OF 184.49 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
COUNTY ROAD 13, DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NUMBER 3271883, AND BEING THE TRUE POINT OF BEGINNING,
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 65'42'16" EAST, A DISTANCE OF 229.63 FEET, TO A POINT
75.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER;
THENCE ALONG A LINE 75.00 FEET SOUTH AND PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHWEST
ONE -QUARTER, SOUTH 89'51'34" EAST, A DISTANCE OF 759.73 FEET, TO A POINT ON THE WESTERLY UNE OF THE
FARMERS RESERVOIR AND IRRIGATION COMPANY, BULL CANAL LATERAL NO. 1, DESCRIBED IN WARRANTY DEED FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 228996;
THENCE ALONG ALONG SAID BULL CANAL, SOUTH 27'05'36" WEST, A DISTANCE OF 11.22 FEET, TO A POINT 85.00
FEET SOUTH OF THE NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER;
THENCE ALONG A UNE 85.00 FEET SOUTH AND PARALLEL 19TH THE NORTHERLY LINE OF SAID NORTHWEST
ONE -QUARTER, NORTH 89'51'34" WEST, A DISTANCE OF 752.48 FEET;
THENCE SOUTH 65'42'16" WEST, A DISTANCE OF 220.96, TO A POINT 10.00 FEET EAST OF THE EASTERLY
RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13;
THENCE ALONG A UNE 10.00 FEET EAST AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING
THREE COURSES;
THENCE SOUTH 00'25'22" EAST, A DISTANCE OF 106.79 FEET, TO A POINT OF A CURVE TO THE LEFT;
THENCE ALONG THE ARC OF SAID CURVE 92.70 FEET WHOSE RADIUS IS 2920.00 FEET, CENTRAL ANGLE IS 01'49'08"
AND WHOSE CHORD BEARS SOUTH 01'19'56" EAST, A DISTANCE OF 92.69 FEET;
THENCE SOUTH 02'14'30" EAST, A DISTANCE OF 560.99 FEET;
THENCE SOUTH 87'45'30" WEST, A DISTANCE OF 10.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
SAID COUNTY ROAD 13;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES;
THENCE NORTH 02'14'30" WEST, A DISTANCE OF 560.99 FEET, TO A POINT OF A CURVE TO THE RIGHT;
THENCE ALONG THE ARC OF SAID CURVE 93.01 FEET WHOSE RADIUS IS 2930.00 FEET, CENTRAL ANGLE IS 01'49'08"
AND WHOSE CHORD BEARS NORTH 01'19'56" WEST, A DISTANCE OF 93.01 FEET;
THENCE NORTH 00'25'22" WEST, A DISTANCE OF 113.30 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 17,453 sf. OR 0.401 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
DUANE KIRKMEYER &
BERNICE KIRKMEYER- TE-03
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 6 & 13 INTERSECTION PROJECT
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Carly Koppes, Clerk and Recorder, Weld County , CO
PROJECT NO: GR-56
SCALE:
DATE: I I-O4.22IDRAWN BY: DRHISHEET. I o£2
■III I����'1�Nr�'�G �Gdul'N� AfG4'ii�til I��� hr'��Y4 11111
EXHIBIT -B
L
TE-03
P.O.B.
1 ' 0.00'
.O.C. .r
NW CORNER V GUTIERREZ W-1/16 CORNER IN S30-T1N-R67W S19 & S30-71N-R67W
FOUND 2 1/2" ALUM. CAP FOUND 2" ALUM. CAP
PLS-24305, 2002 EXISTING 60' RIGHT-OF-WAY
MONUMENT BOX REc#zseza PLS-23027, 2001
_ _VYTUNE 26, 1886 .. _LIN MONUMENT BOX
n
Sf39'5134 1291.49' CR G �� - - - -
9
T_ FUTURE RIGHT-OF-WAY L3 _ _ _ _
7
C2 : Cl
to
w
IL8
L2
L6
10.00'
c, g
v o
L5
TE-03
TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
17,453 sf.
OR 0.401 ac.±
TE—O
C. DUANE KIRKMEYER &
BERNICE K. KIRKMEYER
PARC.#146930000047
RECP.#4557235
EXISTING 60' RIGHT-OF-WAY
REC#13105, APR. 16, 1884
ADDITIONAL RIGHT-OF-WAY
REC#3271883, MAR. 26, 2005
REC#3243665, DEC. 14, 2004
RCED
REC#4244725CORE, OTCT. 13, 2016
W1/4 CORNER
S30-T1N-R67W
FOUND 3 1/4" ALUM. CAP
LS -36053, 2006
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
DUANE KIRKMEYER &
BERNICE KIRKMEYER- TE-03
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County , CO
ad ad
1`
ad
S00'25' 22"E
LINE
7T
ARMERS RESERVOIR 6 IRRIGATION O.
BULL CANAL LATERAL NUMBER ONE
ARA:141 E0ED,REC. NO. 226996
CENTERED ON EXISTING DTICH
LINE TABLE
BEARING
DISTANCE
L1
L2
S22'43'16"E
N65'42'16"E
S89'51'34"E
S27'05'36"W
N89'51'34"W
S65'42'16"W
184.49'
229.63'
759.73'
11.22'
752.48'
220.96'
106.79'
10.00'
113.30'
L3
L4
L5
L6
L7
L8
S87'45'3O"W
N 00'25'22"W
L9
CURVE TABLE
RADIUS
C#
LENGTH
DELTA
CHD B
CHD
C1
C2
92.70'
93.01'
2920.00'
2930.00'
01'49'08"
01'49'08"
S01'19'56"E
NO1'19'56"W
92.69'
93.01'
ad ad
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.
G__C?U_NTT
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 6 & 13 INTERSECTION PROJECT
PROJECT NO: GR-56
SCALE: 1"=200
DATE:11-04-22f DRAWN BY: DRHISHEET: 2 oft
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between C. Duane Kirkmeyer and Bernice K.
Kirkmeyer whose address is 583 22"d Avenue, Brighton, CO 80601, (referred to herein as "Owner",
whether one or more), 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 County a Temporary
Construction Easement, covering that real property lying and being in the County of Weld, State of
Colorado, to wit:
The real property described and depicted on the attached Exhibit B.
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 December 31, 2026, or upon the County's determination that the Project is complete,
whichever is earlier.
2. The tight 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 for the duration of the Temporary
Construction Easement (TCE).
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 access to the property from the Right -of -Way shall remain open throughout the term
of the TCE.
5. County agrees to install fencing on the temporary construction easement to keep cattle protected during
project. Upon completion of the project County agrees to remove the fencing and re -install at theRight-
of-Way.
GRANTOR:
C. Duane Kirkmeyer
Bernice K. Kirkmeyer
4917137 Pages: 10 of 10
08/24/2023 12:22 PM R Fee:$0,00
Carly Koppes, Clerk and Recorder, Weld County , CO
oiii III
New Contract Request
Name*
KIRKMEYER, C DUANE
Entity ID.
"00021723
Contract Name. Contract ID
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR 7267
PUBLIC ROAD IMPROVEMENTS
Contract Lead.
Contract Status TVJOHNSON
CTB REVIEW
❑ New Entity?
Contract Lead Email
tvjohnson62>co.weld.co.us
co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description'
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN C. DUANE KIRKMEYER AND
BERNICE K. KIRKMEYER AND WELD COUNTY, COLORADO. PURCHASE OF PUBLIC ROAD ROW AND TEMPORARY
CONSTRUCTION EASEMENT.
Contract Description 2
Contract Type.
AGREEMENT
Amount.
675,000.00
Renewable'
NO
Automatic Renewal
Grant
!GA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorksAweldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-•
COUNTYATTORNEY WELDG
OV. COM
If this is a renewal enter eeictns Contract ID
If this is part of a NSA enter MSA Contract ID
Requested BOCC Agenda
Date.
08 02 2023
Due Date
07129/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Review Date"
07 24,; 2023
Renewal Date
Termination Notice Period
Coot
loft
Contact'
Contact Name
Purchasing;'.
Purchasing Approver
Approval Pra
Department Head
.CURTIS HALL
DH Approved Date
07:31.2023
Final Appr
8 CC Approved
8OCC Signed Date
8OCC Agenda Date
08,0212023
Originator
TVJ0HN5GN
Contact Type
Committed Delivery Date
Contact Email
Finance Approver
CHERYL PATTELLI
Expiration Date*
07/2412024
Contact Phone I
Purchasing Approved Date
finance Approved Date
07,31;202.3
Tyler Ref #
AC 080223
Legal Counsel
ADRIA SCHIEL
Contact Phone 2
Legal Counsel Approved Date
07, 31 2023
MEMORANDUM
TO: Clerk to the Board DATE: August 18, 2023
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Accept Deed of Dedication
CONTRACT ID: 7267
RE: County Road 6 and County Road 13 Intersection Improvements
Please place on Consent Agenda for the BOCC to accept attached Deed of Dedication between C. Duane
Kirkmeyer and Bernice Kirkmeyer and Weld County, Colorado.
Total Compensation has been paid to Owner.
ConWI+
8123
Pa) Cix)
rm51,5
/-r -4, iq,)&s)
v/a3
2023-22143
DEED OF DED TION FOR PUBLIC ROAD RIGHT-OF-WAY
P
THIS DEED, made this /Oday , 2023, between C. Duane Kirkmeyer and Bernice K. Kirkmeyer whose
address is 583 22"a Avenue, Brighton, CO 0601 (referred to herein as "Grantor", whether one or more), 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 A.
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:
C. Duane Kirkmeyer ri
Bernice K. Kirkmeyer
Vanessa Weidenkeller
NOTARY PUBLIC
STATE OF COLORADO
NOTARY IDMY EXPIRE 1MAY111, 2028
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ( j day of AI c ts-r- , 2023, by
Axi- &2 4- be...c/o L,___ Ki 1''_✓V e.s/2.
Witness my hand and official seal.
Notary Public
ACCEPTANCE
4918032 Pages: 1 of 3
0Carly Kopp s 3 11,59 AM
a OCounty , CO
VIII and ecorder,,Weld
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
ATTEST: W,, 2��wG JdO ; ok
Weld ' o my Clerk to the : oardd �
By
, 2023.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
*No Deed of Dedication is valid until f County Commissioners pursuant to C.R.S. 43-2-
201(1) (a).
atoa.3 -aa46 )
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NUMBER 4557235, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 67 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS
BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING
SOUTH 00'25'22" EAST, A DISTANCE OF 2656.05 FEET, TO THE WEST ONE -QUARTER CORNER OF SAID
SECTION 30, ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 66'44'56" EAST, A DISTANCE OF 76.43 FEET, TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 70.00 FEET EAST OF THE WESTERLY LINE OF SAID
NORTHWEST ONE -QUARTER AND DESCRIBED IN DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK
AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3271883, SAID POINT ALSO BEING A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 6, BEING 30.00 FEET SOUTH AND PARALLEL WITH
THE NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER, AND DESCRIBED IN ROAD PETITION FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 25828, AND BEING THE
TRUE POINT OF BEGINNING.
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 89'51'34" EAST, A DISTANCE OF 993.05
FEET, TO A POINT ON THE WESTERLY LINE OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY,
BULL CANAL LATERAL NO. 1, DESCRIBED IN WARRANTY DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NUMBER 228996;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID BULL CANAL, SOUTH 27'05'36" WEST, A
DISTANCE OF 50.48 FEET, TO A POINT 75.00 FEET SOUTH OF THE NORTHERLY LINE OF SAID
NORTHWEST ONE -QUARTER;
THENCE DEPARTING SAID BULL CANAL AND ALONG A LINE 75.00 FEET SOUTH AND PARALLEL WITH THE
NORTHERLY LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 89'51'34" WEST, A DISTANCE OF 759.73
FEET;
THENCE SOUTH 65'42'16" WEST, A DISTANCE OF 229.63 FEET, TO A POINT ON SAID EASTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 13 BEING 70.00 FEET EAST OF THE WESTERLY LINE OF SAID
NORTHWEST ONE -QUARTER;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00'25'22" WEST, A DISTANCE OF 140.00
FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 54,137 sf. OR 1.243 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
4918032 Pages: 2 of 3
08/30/2023 11:59 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
ill NUVEINVIainfieliMIC I, IPrd tilikIi'� IA BIM
RIGHT OF WAY
ACQUISITION
DUANE KIRKMEYER &
BERNICE KIRKMEYER- RW-03
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 6 & 13 INTERSECTION PROJECT
PROJECT N0: GR-56 ISCALE:
DATE:1 I-04-22IDRAWN BY: DRHISHEET: 1 oft
EXHIBIT -A
I RW-03
I P.O.B.
0.00'
.O.C.
NW CORNER 10, GUTIERREZ W-1/16 CORNER
S30-T1N-R67W �p4� S19 & S30-T1N-R67W
FOUND 2 1/2" ALUM. CAP q�► EXISTING 60' RIGHT-OF-WAY FOUND 2" ALUM. CAP
PLS-24305, REC#25828 PLS-23027, 2001
IN MONUMEN_20_0_2_
- - - - WCR JUNE 26, 1886 I IN MONUMENT BOX
III��� X9'34" __ 1291.49' L2 6 -_30_
0
v
W-0
L4
RW-03
RIGHT—OF—WAY
ACQUIRED
54,137 sf.
OR 1.243 ac.±
C. DUANE KIRKMEYER &
BERNICE K. KIRKMEYER
PARC.# 146930000047
RECP.#4557235
7
EXISTING 60' RIGHT-OF-WAY
REC#13105, APR. 18, 1884
ADDITIONAL RIGHT-OF-WAY
REC#3271883, MAR. 28, 2005
REC#3243665, DEC. 14, 2004
CORRECTED
REC#4244725, OCT. 13, 2016
W1/4 CORNER
S30-T1N-R67W
FOUND 3 1/4" ALUM. CAP
LS -36053, 2006
DUANE KIRKMEYER &
BERNICE KIRKMEYER- RW-03
WELD COUNTY, COLORADO
m od
rd ®d
LINE
SERVOIR & IRRIGATION CO.
NUMBER ONE
ARRANTY EXISTING
228996
CENTERED ON EXISTING DITCH
LINE TABLE
BEARING
DISTANCE
L1
L2
$66'44'56"E
S89'51'34"E
S27'05'36"W
N89'51'34"W
S65'42'16"W
NO0'25'22"W
76.43'
993.05'
50.48'
759.73'
229.63'
140.00'
L3
L4
L5
L6
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.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 6 & 13 INTERSECTION PROJECT
PROJECT NO: GR-56
DATE: 11-04-22IDRAWN BY:
SCALE: 1 "=200
DRHSHEET: 2 of 2
4918032 Pages: 3 of 3
08/30/2023 11:59 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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