HomeMy WebLinkAbout20232786.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS FOR COUNTY ROADS 76 AND 35 INTERSECTION
IMPROVEMENTS PROJECT, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS - BRIAN AND VIVIAN FOSS
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 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
Brian and Vivian Foss, 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 the 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 Brian and Vivian Foss, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and any necessary documents.
cc: pw (G14/ER/T7)
oho /23
2023-2786
EG0081
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS FOR COUNTY ROADS 76 AND 35 INTERSECTION IMPROVEMENTS
PROJECT - BRIAN AND VIVIAN FOSS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didtim jo;ok
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
AP 'AVE
Count ttorney
QA j z Sl z3'-
Date of signature:
RM:
K. James
Ross
inc
2023-2786
EG0081
Univac+ I DtV1Z8'5
MEMORANDUM
TO: Clerk to the Board DATE: August 21, 2023
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Agreement for Purchase of Certain Property for Public
Road Improvements
CONTRACT ID: 7285
RE: County Road 76 and County Road 35 Intersection Improvements
Approve the attached Agreement for Purchase of Certain Property for Public Road Improvements between
Brian and Vivian Foss and Weld County, Colorado.
Total Compensation to be paid to Owner is $6,390.00 for 0.031 acres of Public Road ROW, 0.043 acres of
Temporary Construction Easment and impacts to existing landscaping.
2023-2786
q/a5 Eei Do(
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN BRIAN AND VIVIAN FOSS AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this 251" day of SQAe,V , 2023, by and between
Brian and Vivan Foss, whose address is 16969 County Rod 76, Eaton, CO 80651 hereinafter
collectively referred to as "Owner," and WELD COUNTY, a body corporate and politic of the
State of Colorado, by and through its Board of County Commissioners, whose address is 1150 O
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WHEREAS, Owner owns a parcel of real property containing the property described in the
attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described
in the Exhibit B (hereinafter referred to as ("Temporary Construction Easement" or TCE), and
WHEREAS, County finds it necessary to widen the intersection of WCR 76 and Weld
County 35 to improve the safety and function of the intersection and,
WHEREAS, Owner wishes to cooperate with County in completing the Project.
NOW, THEREFORE, the parties herein agree as follows:
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 Six thousand
three hundred and ninety dollars, ($6,390.00).
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration
HI. 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 -
Page 1 of 4
4923630 Pages: 1 of 10
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Carly Koppes, Clerk and Recorder, Weld County , CO
kirid rinillAINOY III II
— 4,2 1fc
Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN FOSS AND WELD COUNTY, COLORADO
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
County receives a partial release(s) of, or binding commitment from the lienholders/lenders
to issue partial release(s) of, financial encumbrances affecting the Right -of -Way. The
Deed of Dedication shall not be valid until accepted and approved by the Board of County
Commissioners. Owner agrees to grant the Public Road Right -of -Way to the County by
Deed of Dedication as provided in Exhibit -A.
3. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property, if any exists.
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.
3. County agrees to protect the coniferous trees located within the TCE from damage during
construction.
V. CLOSING
1. County shall not be liable for any encumbrance associated with the Property prior to the
date of closing. Owner shall pay any encumbrance associated with the Public Road Right -
of -Way which is required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties thereon), on or
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.
Page 2 of 4
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Carly Koppel, Clerk and Recorder, Weld County , CO
Page 3of4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN FOSS AND WELD COUNTY, COLORADO
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
enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
Page 3 of 4
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Carly Koppes, Clerk and Recorder, Weld County CO
VIII I��ALi�l'I�i+liCh��l �I�rli�'�h�.l��i� Y �I II
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN FOSS AND WELD COUNTY, COLORADO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
Foss
Vivian Foss
ATTEST: ddrAtA) v• 'oi
Weld C : tR ty Clerk to the : and
BY:
Deputy Cl=,l" tot e B
APPROVED AS TO FORM:
":
County Attorney
4923650 Pages: 4 of 10
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Carly Koppel, Clerk and Recorder, Weld County , CO
•Iil NU��R�l4;IIC�i'�� M��h�'1: �jk�R��� �'��RI�'+'�IY�h 1I II 1
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
Page 4 of 4
Freeman, Chair
SEP 2 5' 2323
o2v,9-5 -7I
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this day of , , between Brian L. and Vivian M. Foss (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.
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:
Brian L. Foss
Vivian M. Foss
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:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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 Koppel, Clerk and Recorder, Weld County , CO
lid 1111
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 0707-26-04 RECX15-0096 FILED
IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4169897, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING, SOUTH 88'37'38" WEST, A DISTANCE OF 2650.20 FEET, TO THE SOUTH
ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 46'01'56" WEST, A DISTANCE OF 42.18 FEET, TO A POINT ON THE NORTHERLY
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, AS DESCRIBED
IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION
NUMBER 37292, SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76, SOUTH 88'37'39" WEST,
A DISTANCE OF 105.62 FEET;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY, NORTH 77'51'54" EAST, A DISTANCE OF 84.45
FEET;
THENCE NORTH 36'55'35" EAST, A DISTANCE OF 37.42 FEET, TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 35;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00'41'30" EAST, A DISTANCE OF 45.14 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,348 sf. OR 0.031 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
FOSS
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: HRP-9I SCALE:
DATE: I2-14-22IDRAWN BY. DRH,SHEET: I of 2
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Carly Koppes, Clerk and Recorder, Weld County , CO
•III �U��I�� � � Chi���1�'19M L�idl�+l�w ��1� �'iilhhl� 11111
EXHIBIT -A
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. R IS INTENDED TO
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
E-1/4 CORNER S26-T7N-R68
FOUND 3-1/4' ALUMINUM CAP
LS4392, 2002 IN MONUMENT BOX
RIAN L. &
VIVIAN M. FOSS
PARC.#070726400017
RECP.#4208189, 6-02-2016
LOT -A, RECX1S-0096
REC#4169897, 12-31-2015
Sti,C�
�1b
LINE TABLE
LINE
Li
L2
BEARING
DISTANCE
N46'01'56.W
S88'37'38'W
N77'51'54*E
N36'55'35'E
SO0'41'30'E
42.18'
105.62'
84.45'
37.42'
45.14'
L3
L4
L5
NORTH MELD COATS WATER O,SlA1CT
RECHI450764, 1,04-1964
20' WATER PIPELINE EASEIWAT
EASING 80'
RIGHT-OF-WAY
REC# 37292
JULY 16, 189
ROME LICHT A POWER ...MI
RIGHT—OF—WAY
ACQUIRED
1,348 of.
OR 0.031 00.6
EXISTING SO.
RIGHT-OF-WAY
RDBK3,PG99
7-13-1882 BASIS OF BEARING
S88'37'38'W 2650.20'
S-1/4 CORNER S26-T7N-R66W
FOUND 3-1/4" ALUMINUM CAP
LS4392, 2002 IN MONUMENT BOX
P.O.C.
SE CORNER 526-T7N-R68W
FOUND 3-1/4" ALUMINUM CAP
LS33642, 2006 IN MONUMENT BOX
RIGHT OF WAY
ACQUISITION
FOSS
WELD COUNTY, COLORADO
4923650 Pages: 7 of 10
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Carly Koppes, Clerk and Reoorder, Weld County , CO
���� NU����Ih�IIIl�I�4�L�+hC��'R� �Iah rw �Il Ili
sill
itl
WB2,
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: HRP-91
SCALE: 1"=50
DATE:12-I4-221DRAWN BY: DRHISHEET: 2 of 2
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Brian and Vivan Foss, (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 Owner a
Temporary Construction Easement, covering that real property lying and being in the County of
Weld, State of Colorado, to wit:
The real property described and depicted on the attached Exhibit
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force or effect 2 years later, or upon the County's determination that the
Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting by or
on behalf of the County for the purpose of surveying, appraising, establishing, laying,
constructing, reconstructing, installing, realigning, modifying, replacing, improving,
adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling,
protecting, or repairing the roadway improvements, including the storage of materials
related to said roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has legal
access, for any and all purposes necessary and/or incident to the exercise by the County of
the rights granted to it hereunder. At the expiration of the term of this TCE, County shall
promptly repair any damage to Owner's property caused by County, its agents, employees,
contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain
the Owner's property in substantially as good or better condition as existed prior to use by
County.
4. County agrees that any current access to the property from the Right -of -Way shall
remain open throughout the term of the TCE.
5. County agrees to protect the coniferous trees located within the TCE from damage
during construction.
GRANTOR:
Brian Foss
ivian Foss
4923630 Pages: 8 of 10
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Carly Koppes, Clerk and Recorder, Weld County , CO
WI, 'Ali II II
EXHIBIT -B
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26. TOWNSHIP 7 NORTH.
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 0707-26-04 RECX15-0096 FILED
IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4169897, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OOMMENCING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 86 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING, SOUTH 88'37'38" WEST, A DISTANCE OF 2650.20 FEET, TO THE SOUTH
ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 22'32'59" WEST. A DISTANCE OF 80.58 FEET, TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF COUNTY ROAD 35, AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 37292, SAID POINT BEING THE
TRUE POINT OF BEGINNING,
THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 35, SOUTH 36'55'22"
WEST, A DISTANCE OF 37.41 FEET;
THENCE SOUTH 77'51'54" WEST, A DISTANCE OF 84.45 FEET, TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF COUNTY ROAD 76, FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3, PAGE 99;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY, NORTH 01'22'22" WEST, A DISTANCE OF 15.27
FEET;
THENCE NORTH 77'51'54" EAST, A DISTANCE OF 76.00 FEET;
THENCE NORTH 36'55'22" EAST, A DISTANCE OF 51.29 FEET, TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 35;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00'41'30" EAST, A DISTANCE OF 24.58 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,869 sf. OR 0.043 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
FOSS
WELD COUNTY, COLORADO
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Carly Kopp's, Clerk and Recorder, Weld County , CO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT N0: HRP-91 f SCALE:
DATE:12-15-22jDRAWN 8Y: DRH1 SHEET: I of 2
EXHIBIT -B
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.
E-1/4 CORNER S26-T7N--RB6W-
FOUND 3-1/4" ALUMINUM CAP
LS4392, 2002 IN MONUMENT BOX
BRIAN L. &
VIVIAN M. FOSS
PARC.#070726400017
RECP.#4208189, 6-02-2016
LOT -A, RECX15-0096
REC#4169897, 12-31-2015
LINE
LI
L2
LINE TABU
BEARING
1422'32'59'W
036'55'35`W
S77'51'54`W
N01'22'22`Mf
N77'51'54"E
N36'55'35`E
S00"41'30'1
DISTANCE
80.58'
37.42'
84.45'
15.27'
76.00'
51.29'
24.58'
13
14
15
16
L7
N
EXISTING 80'
RIGHT-OF-WAY
REC/ 37202
JULY 16. 1890
I
0411,1
r�u.:IVri_ I.t.p ,G4,L\i"
TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
1,869 sf.
OR 0.043 ac.± L'
6
HIGNT-OF-WAY
ROW 3. PG 09
7-13-1282 BASIS OF BEARING
S88'37'38"W 2650.20'
OM AIM
1-1/4 CORNER S26-T7N-R66W
FOUND 3-1/4" ALUMINUM CAP
LS4392, 2002 IN MONUMENT BOX
13
im
P.O.C.
SE CORNER S26-T7N-R66W
FOUND 3-1/4" ALUMINUM CAP
LS33642, 2006 IN MONUMENT BOX
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
FOSS
WELD COUNTY, COLORADO
1861
7j r ' _ I
# r
NO0.41'30 W 26
7
L1
P.0.8.
I
���Ai LAtil
WB2, LLC
se
76
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO: HRP-9l
SCALE: 1"-50
DATE:12-15-22IDRAWN BY:0RH
SHEET: 2 of 2
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Carly Kopoes, Clerk and Recorder, Weld County , CO
II
New Contract Request
Entity Information
Entity Name
FOSS, BRIAN
Entity ID"
@00047437
Contract Name *
AGREEMENT FOR PURCHASE OF PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS
Contract Status
CTB REVIEW
Contract ID
7285
Contract Lead *
TVJOHNSON
❑ New Entity?
Parent Contract ID
Requires Board
Approval
YES
Contract Lead Email
tvjohnson@co.weld.co.0 Department Project #
Contract Description*
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRIAN
AND VIVIAN FOSS AND WELD COUNTY, COLORADO
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$6,390.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.c
om
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WE
LDGOV.COM
Requested BOCC Agenda Due Date
Date* 09/14/2023
09/18/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Termination Notice Period
Contact Information
Review Date *
08/28/2024
Committed Delivery Date
Renewal Date
Expiration Date*
08/28/2025
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
09/20/2023 09/21/2023 09/21/2023
Final Approval
BOCC Approved Tyler Ref #
AG 092523
BOCC Signed Date
BOCC Agenda Date
09/25/2023
MEMORANDUM
TO: Clerk to the Board DATE: October 17, 2023
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Agreement for Purchase of Certain Property for Public
Road Improvements
CONTRACT ID: 7285
RE: County Road 76 & County Road 35 Intersection Improvements
Accept Deed of Dedication between Brian and Vivian Foss and Weld County, Colorado per approved
Agreement for Purchase of Certain Property for Public Road Improvements. (Docket 2023-2786)
Consen+-13Tids—
I D/23/23
iD/,231
t l/I5/23
ZU23 -2710
EciuOrl
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this cO-dayof vci-obeY , Zo23 , between Brian L. and Vivian M. Foss (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 1 150 "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:
Foss
STATE OF COLORADO
)
COUNTY OF WELD
The foregoing instrument was acknowledged before me this jiday of jail()_, , 2023,
by r&(3Ac- rOSS (bid l{l fe 4
Vivian M. Foss
SS.
Witness my hand and official seal,
Notary Public
ACCEPTANCE
KAREN LYNNE LANGSTON
NOTARY PUBLIC
STATE Of COLORADO
NOTARY ID 202114022519
MY COISIMSIONI EXPIRES eIB9I2lZ4
The County of Weld, by and through its Board of County Commissioners, hereby accepts the above
dedication of property as a Public Highway n(Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(0).
Dated this 7, dday of 0 c Tc* ,v , 2023.
ATTEST
Weld ou Clerk to the
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chair, Board of County Commissioners
*No Deed of Dedication is d of County Commissioners pursuant to C, R.S.
43-2-201(1) (a).
01o,1„5-a78‘,G)
EXHIBIT -A
IB I"T-A
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 7 NORTH,
RANGE 66 WEST' OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 0707-26-04 RECXI5--0096 FILED
IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 4168897, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
QQMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH UNE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING, SOUTH 88'37'38" WEST, A DISTANCE OF 2650.20 FEET, TO THE SOUTH
ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE NORTH 46'01'56" WEST, A DISTANCE OF 42.18 FEET, TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF COUNTY ROAD 76, FILED IN THE WELD COUNTY COMMISSIONERS RECORDERS UNDER
BOOK 3, PAGE 99, ALSO BONG THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 35, AS DESCRIBED
IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION
NUMBER 37292, SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 76, SOUTH 88'37'38" WEST,
A DISTANCE OF 105.62 FEET;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY, NORTH 77'51'54" EAST, A DISTANCE OF 84.45
FEET;
THENCE NORTH 36'55'35" EAST, A DISTANCE OF 37.42 FEET, TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 35;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00'41'30" EAST, A DISTANCE OF 45.14 FEET
TO THE TRUE Pow" OF BEGIN5tSAG.
ISAID PARCEL CONTAINS 1.348 sf. OR 0.031 ae. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOUVIES
PLS 38213
RIGHT OF WAY
ACQUISITION
FOSS
WELD COUNTY, COLORADO
U
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 65 PROJECT
PROJECT NO: HR8-91 I SCALE:
DATE: l2- I4_S2 SRAWIN B'S DSH] SHEET: I of 2
4928599 Pages: 2 of 3
10/31/2023 12;01 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
EXHIBIT -A
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. '�
E-1/4 CORNER S26 -T74.4, 6w✓" -/
FOUND 3-1/4" ALUMINUM CAP
LS4392, 2002 IN MONUMENT BOM
RIAN L. &
VIVIAN M. FOSS
PARC,#070726400017
RECD. #4208189, 6-02-2016
LOT -A, RECX15-0096
REC#4169897, 12-31-2015
LINE`
L1
L2 I S88 -37'3#'W : 105.62' y
L3 67T5t'54'E 84.45'
L4 N36'55'35"E t 37.42'
1.5 SOO'41'30'E 45.1
LOVE TABLE
BEARING DISTANCE
N46'01.56"1" I 42.18'
WRTR UL9 CLLVTr WATER DISTRICT
RECX,4507Bd, ;1-!7-1964
INTER P.,,IAE E.EleNT
EXISTING 60'
RIGHT—OF—WAY
REC1 37292
JULY 1B, 149
1111MI: 4, MIT 4 PRWER , r A11IN,
RIGHT—OF—WAY
ACQUIRED
1,348 sf.
OR 0.031 elc. t--\
YM111t aar
DOSING AO'
RIGHT-OF-WAY
RD®I{3, PG 99
7-15-1880 BASIS OF BEARING
E 588 37'3#'W 2650.20'
2
P.O-B.
am s
P.Q.C. a i
5•-1/4 CORNER 526 -17N -068W SE CORNER S26—'#'7N�-R'86W
assmormenimummiumimm
FOUND 3-1/4" ALUMINUM CAP FOUND 3-1/4" ALUMINUM CAP
L54392, 2002 IN MONUMENT BOX LS33442, 2006 N MONUMENT BOX
RIGHT OF WAY
ACQUISITION
FOSS
WELD COUNTY, COLORADO
5
4928599 Pages: 3 of 3
10/31/2023 12:01 PM R Fee :$0.00
Carly Koppes, Clerk and Retarder, Weld County , CO
WI32,1,I,C
76
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 76- 33 TO HWY 85 PROJECT
PROJECT NO HRP-91 SCALE: 1 "=50
DATE:12- ICIDRAWN BY: Dli,li'SHEET: 2 of 2
VIII kir ligIR Ilk "III
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