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Home My WebLink About20232244.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR COUNTY ROADS 6 AND 13 INTERSECTION IMPROVEMENTS PROJECT, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - PADADE AND SHOUA VUE 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 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 Padade and Shoua Vue, 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 Public Road Right -of -Way 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 Padade and Shoua Vue, Inc., 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: Pt,j(CH/ER/13) og/3t /23 2023-2244 EG0081 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR COUNTY ROADS 6 AND 13 INTERSECTION IMPROVEMENTS PROJECT - PADADE AND SHOUA VUE 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: da/4„ JK.11o•ti Weld County Clerk to the Board BY: Deputy Clerk to the Boar APPROVED AS TO FOR 1 -County Attorney Date of signature: o$'/IO/23 Milo an, Chair Perry L. ''ro-Tem Scott K. James Kevin D. Rotes Lori Saine (AYE) AYE (AYE) (AYE) (NAY) 2023-2244 EG0081 CrrvacF ,l NT -r7-1 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: 7277 RE: County Road 6 and County Road 13 Intersection Improvements Approve the attached Agreement for Purchase of Certain Property for Public Road Improvements between Padade M. Vue and Shoua L. Vue and Weld County, Colorado. Total Compensation to be paid to Owner is $85,000.00 as outlined below: • County agrees to pay $47,000.00 for 1.243 acres of Public Road Right of Way • County agrees to pay $1,500.00 for 0.401 acres of Temporary Construction Easement • County agrees to pay $8,000.00 for surveying services to amend the Recorded Exemption plat and update deeds to reflec the new road right of way. • County agrees to pay $13,500.00 as a cost to cure to reach a voluntary settlement. • County agrees to pay $15,000.00 as a signing incentive to maintain construction schedule. 2023-2244 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN PADADE M. VUE AND SHOUA L. VUE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 8th day of July , 2023, by and between Padade M. Vue & Shoua L. Vue, whose address is 5817 County Road 6 Erie, CO 80516, hereinafter collectively referred to as "Owner," and the WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described in the attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to improve the intersection of Weld County Road 6 and Weld County Road 13 (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A — Description, Depiction, and Form of ROW. Exhibit B — Description, Depiction, and Form of TCE. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Eighty- five Thousand Dollars, ($ 85,000.00). a. 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 -Seven Thousand Dollars, ($ 47,000.00). b. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit B for the sum of One Thousand Five Hundred Dollars, ($ 1,500.00). c. County agrees to compensate Owner Fifteen Thousand Dollars, ($ 15,000.00) as a signing incentive to maintain the construction schedule. 4917138 Pages: 1 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO Prili' Ihl �lialii+'R f ilaN id'IN I I Wd II II 02002��`l `T Page 2 of AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN PADADE M. VUE AND SHOUA L. VUE AND WELD COUNTY, COLORADO d. County agrees to compensate Owner Eight Thousand Dollars, ($8,000.00) for surveying services to amend the Recorded Exemption plat and update deeds to reflect the new road right of way. e. County agrees to compensate Owner Thirteen Thousand Five Hundred Dollars, ($13,500.00) as a cost to cure 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. 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 4917138 Pages: 2 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII HU��LI��t �I�II�'t��hiti��lKf 4h I k�� W�h 11111 Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN PADADE M. VUE AND SHOUA L. VUE AND WELD COUNTY, COLORADO 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 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 4917138 Pages: 3 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Kamm, Clerk and Recorder, Weld County , CO II Page 4 of AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN PADADE M. VUE AND SHOUA L. VUE AND WELD COUNTY, COLORADO 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. 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: COMMI IO Weld eu Clerk to th Shoua L. Vue BY: Deputy ' erk to the Cou "Attorney APPROVED AS TO FORM: 4917138 Pages: 4 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII FAIVA4EWW' Pti AIP I:M4J i 1I II BOARD OF COUNTY WELD COUNTY, COLORADO Mike Freeman, Chair AUG 0 2 2023 020023 - 2? DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this Date day of jMonthl, Year, , between Padade M. Vue and Shoua L. Vue (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: Padade M. Vue Shoua L. Vue 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 ATTEST: Weld County Clerk to the Board By: , 2023. 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). 4917138 Pages: 5 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1467-24-04 RECX16-0049 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4238432 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 24, ALSO DESCRIBED AS SHOWN; THENCE NORTH 63'42'55" WEST, A DISTANCE OF 66.98 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 60.00 FEET WEST AND PARALLEL WITH THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AND DESCRIBED IN AGREEMENT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3243764, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 6, BEING 30.00 FEET NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER, AND DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 355056, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'40'40" WEST, A DISTANCE OF 1159.36 FEET, TO A POINT ON THE EASTERLY LINE OF LOT -A OF SAID RECX16-0049; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID EASTERLY LINE OF SAID LOT -A, NORTH 00'49'41" WEST, A DISTANCE OF 20.00 FEET, TO A POINT 50.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER; THENCE DEPARTING SAID EASTERLY LINE AND ALONG A LINE 50.00 FEET NORTH AND PARALLEL WITH SAID SOUTHERLY LINE, NORTH 89'40'40" EAST, A DISTANCE OF 262.36 FEET; THENCE NORTH 83'20'09" EAST, A DISTANCE OF 256.99 FEET; THENCE NORTH 86'28'07" EAST, A DISTANCE OF 527.50 FEET; THENCE NORTH 42'31'30" EAST, A DISTANCE OF 111.26 FEET; THENCE NORTH 01'49'40" WEST, A DISTANCE OF 177.98 FEET; THENCE NORTH 04'56'23" EAST, A DISTANCE OF 514.86 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 00'06'41" EAST, A DISTANCE OF 850.11 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 81,765 sf. OR 1.877 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 PADDADE M. VUE & SHOUA L. VUE- RW-O1 WELD COUNTY, COLORADO GO_uNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 I SCALE: DATE: I I -02-22 DRAWN BY: DRH SHEET: of 2 4917138 Pages: 6 of 11 08/24/2023 12:22 PM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII I�.rl�LIIti�rGiL Q�+��'IC �hL�FL'i�F,�JP��'rii�Jti �I III EXHIBIT -A 4 L3 VUE E1/4 CORNER S24-T1N-R68W FOUND 3 1/4" ALUM. CAP LS -36053, 2006 IN MONUMENT BOX EXISTING 60' RIGHT-OF-WAY , REC#13105, APR. 18, 1884 ADDITIONAL RIGHT-OF-WAY // REC#3271882, MAR. 28, 2005 e F / AGREEMENT PURCHASE RIGHT-OF-WAY _ 1Z. REC#3243764, DEC. 14, 2004 --- Ct-Y VA 614'I lie LINE TABLE LINE BEARING DISTANCE L1 L2 N63'42'55"W S89'40'40"W NO0'49'41 "W N89'40'40"E N83'20'09"E N86'28'07"E 642'31'30"E NO1'49'40"W NO4'56'23"E 500'06'41"E 66.98' 1159.36' 20.00' 262.36' 256.99' 527.50' 111.26' 177.98' 514.86' 850.11' L3 L4 L5 L6 L7 L8 L9 L10 ---s--- S1/4 CORNER EXISTING 60 RIGHT-OF-WAY S24-T1N-R68W REC#355056, JUNE 01, 1921 HUNT BROTHERS ADDITIONAL RIGHT-OF-WAY PROPERTIES, INC. P.O.C. FOUND 2" ALUM. CAP REC#4547183, DEC. 05, m19 SE CORNER LS -25937, 1997 IN MON. BOX A S24-T1N-R68W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT FOUND 2 1/2" ALUM. CAP A MONUMENTED LAND SURVEY OR LAND SURVEY lL PLS-24305, 2002 i PLAT. IT IS INTENDED TO ILLUSTRATE THE IN MONUMENT BOX i ATTACHED PROPERTY DESCRIPTION ONLY. I L 441 J, PADDADE M. VUE & SHOUA L. VUE PARC .#146724400016 RECP.#4789844 RECP.#4694092 RECP.#4331409 LOT-B/RECX16-0049 RECP.#4238432 RW-01 RIGHT—OF—WAY ACQUIRED 81,765 sf. OR 1.877 ac.± S89'40'40"W 2635.01' L2 WCR-6 L L 8 RIGHT OF WAY ACQUISITION PADDADE M. VUE & SHOUA L. VUE- RW-01 WELD COUNTY, COLORADO 4917138 Pages: 7 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO y 1861 GOU.NT RW-01 P.O.B. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: I "=200 DRAWN BY: DRHISHEET: 2 of 2 iii igiraIWIIyNWNVILYIkitlICILtiViligilid It'll GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Padade M. Vue and Shoua L. Vue, (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 right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. GRANTOR: Padade M. Vue Shoua L. Vue 4917138 Pages: 8 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO IIIil1VA'YIMPrid:ARki liiikVAMI Li Ill II EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 1467-24-04 RECX16-0049 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4238432 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 24, ALSO DESCRIBED AS SHOWN; THENCE NORTH 04'00'44" WEST, A DISTANCE OF 881.93 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING 60.00 FEET WEST OF THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER, AND DESCRIBED IN PURCHASE AGREEMENT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3243764, AND BEING THE TRUE POINT OF BEGINNING: THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 04'56'23" WEST, A DISTANCE OF 514.86 FEET; THENCE SOUTH 01'49'40" EAST, A DISTANCE OF 177.98 FEET; THENCE SOUTH 42'31'30" WEST, A DISTANCE OF 111.26 FEET; THENCE SOUTH 86'28'07" WEST, A DISTANCE OF 14.41 FEET; THENCE NORTH 42'31'30" EAST, A DISTANCE OF 117.56 FEET; THENCE NORTH 01'49'40" WEST, A DISTANCE OF 174.49 FEET; THENCE NORTH 04'56'23" EAST, A DISTANCE OF 525.42 FEET; THENCE SOUTH 85'03'37" EAST, A DISTANCE OF 9.12 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 00'06'41" EAST, A DISTANCE OF 10.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8,154 sf. OR 0.187 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 PADDADE M. VUE & SHOUA L. VUE- TE-0l WELD COUNTY, COLORADO 4917138 Pages: 9 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111114rdININAtI00.140,6#I4'IK )01*1144tkiYiId 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: DATE:11-02-22 DRAWN BY: DRH SHEET: 1 61'2 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. f�7 LINE TABLE LINE BEARING DISTANCE L1 L2 SO4'56'23"W SO1'49'40"E S42'31'30"W S86'28'07"W N42'31'30"E NO1'49'40"W N 04'56' 23"E S85'03'37"E SO0'06' 41 "E 514.86' 177.98' 111.26' 14.41' 117.56' 174.50' 525.42' 9.12' 10.00' L3 L4 L5 L6 L7 L8 L9 VUE E1/4 CORNER S24-T1N-R68W FOUND 3 1/4" ALUM. CAP LS -36053, 2006 IN MONUMENT BOX EXISTING 60' RIGHT-OF-WAY R. REC#13105, APR. 18, 1884 L ADDITIONAL RIGHT-OF-WAY REC#3271882, MAR. 28, 2005 AGREEMENT PURCHASE RIGHT-OF-WAY REC#3243764, DEC. 14, 2004 0 j/ TE-Ot PADDADE M. VUE & SHOUA L. VUE PARC.# 146724400016 RECP.#4789844 RECP.#4694092 RECP.#4331409 LOT-B/RECX16-0O49 RECP.#4238432 TE-01 TEMPORARY CONSTRUCTION _ EASEMENT ACQUIRED 8,154 sf. OR 0.187 ac.4 FUTURE RIGHT-OF-WAY 1� a S89'40'40"W 2635.01' W L`R -6 Sl/4 CORNER EXISTING 60' RIGHT-OF-WAY REC#355056, JUNE 01, 1921 S24-T1N-868W ADDITIONAL RIGHT-OF-WAY FOUND 2" ALUM. CAP REC#4547183, DEC. 05, 2019 LS -25937, 1997 IN MON. BOX HUNT BROTHERS PROPERTIES, INC. P.S.C. SE CORNER S24-T1N-R68W FOUND 2 1/2" ALUM. CAP PLS-24305, 2002 IN MONUMENT BOX L6 L5 4 7 L3 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION PADDADE M. VUE & SHOUA L. VUE- TE-01 WELD COUNTY, COLORADO 4917138 Pages: 10 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO ■iii rd�1ahiAtiVrcN ifi��w;� RIPCiti TE-01 P.O.B. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: I "=200 DATE:11-02-22IDRAWN BY: DM SHEET: 2 of 2 RW-O TE-01 PADDADE M. VUE & SHOUA L. VUE LOT-B/RECX 16-0049 RECP.#4238432 TE- 01 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 8,154 sf. OR 0.187 ac.± RW—01 RIGHT—OF—WAY ACQUIRED 81,765 sf. OR 1.877 ac.± HUNT BROTHERS PROPERTIES, INC. 4917138 Pages: 11 of 11 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO SE CORNER S24 -T1 N-R68W III 11111 New Contract Request Inform Entity Name. VUE. YONCGE C' New Entity? Entity ID' US002078g Contract Name. Contract ID AGREEMENT FOR PURCHASE OF PROPERTY FOR PUBLICE 7277 ROAD IMPROVEMENTS Contract Status CTB REVIEW Contract Lead* Tr OHNSON Contract Lead Email tvjohnson, co.weld.co.us Parent Contract. ID Requires Board Approval YES Department Project Contract Description" AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN PADADE t~1. VUE AND SHOUA L VUE AND WELD COUNTY, COLORADO, Contract Description 2 Contract Type* AGREEMENT Amount* 585,000.00 Renewable. NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- Publich orks Fweldgov.com Department Head Email CM-PublicWorks- DeptHead' 'ueldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATT O RNE, ELDG OV.COM Requested BOCC Agenda Date' 0R'02;2023 Due Date 37,29;2023 Will a work session with 8OCC be required?* Non Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MAW enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OFrBase Contract Dates Effective Date Review Date * Renewal Date 00/02r 2020 Termination Notice Period Committed Delivery Date Expiration Date. 08;' 02 ,2024 2024 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head .CURTIS HALL DH Approved Date 07 31 , 2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08,02,2023 Originator TVJOHNSON Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approver CHERYL PATTELLI Finance Approved Date 07 31 2023 Tyler Ref # AG 080223 Legal Counsel ADRIA SCHIEL Legal Counsel 07 31 2023 MEMORANDUM TO: Clerk to the Board DATE: October 23, 2023 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Accept Deed of Dedication for Public ROW CONTRACT ID: 7277 RE: County Road 6 and County Road 13 Intersection Improvements E Accept Deed of Dedication between Padade M. Vue, Shoua L. Vue and Weld County, Colorado per approved Agreement for Purchase of Certain Property for Public Road Improvements. (Docket 2023-2244). 0/30/7.3 Pcp6-0- Z3 cc: Pct(rzr li/i6123 ECIOnl DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of 68-626/20M, between Padade M. Vue and Shoua L. Vue (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 "0" 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 inclu on -tributary and not non -tributary water currently attached to, upon, under, or associated with sai rope , except as required to sustain the integrity of the Public Highway. GRANTO, Padade M. Vu Shoua L. Vue STATE OF COLORADO ) ss. ti Vanessa Weidenkeller NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2022401©,84 MY COMMISSION EXPIRES MAY 11, 2028 COUNTY OF WELD The foregoing instrument was acknowledged before me this 3O day of ALl3U , 2023, by Alp1f�f iski)s� ye-f.l c� Witness my hand and official seal. IJG�,II Ems- §i c 2n --C 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 act ay of e) j j t,/ , 2023. ATTEST: `k;ok Weld County Clerk to the Board By BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO air, Board of County Commissioners *Na Deed of Dedication is valid 'l �., l`' h• : e.'�� of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO, 1467-24-04 RECX16-OO49 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4238432 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS SHOWN AND is BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'06'41" WEST, A DISTANCE OF 2650.28 FEET, TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 24, ALSO DESCRIBED AS SHOWN; THENCE NORTH 63'42'55" WEST, A DISTANCE OF 66.98 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13, BEING BUDS FEET WEST AND PARALLEL WITH THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AND DESCRIBED IN AGREEMENT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 3243764, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 6, BEING 30.00 FEET NORTH AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER, AND DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 355056, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 69'40'40" WEST, A DISTANCE OF 1159.36 FEET, TO A POINT ON THE EASTERLY LINE OF LOT -A OF SAID RECX16-0049; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID EASTERLY LINE OF SAID LOT -A, NORTH 00'49'41" WEST, A DISTANCE OF 25.00 FEET, TO A POINT 50.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER; THENCE DEPARTING SAID EASTERLY LINE AND ALONG A LINE 50.00 FEET NORTH AND PARALLEL WITH SAID SOUTHERLY LINE, NORTH 89'40'40" EAST, A DISTANCE OF 262.36 FEET; THENCE NORTH 83'20'09" EAST, A DISTANCE OF 256.99 FEET; THENCE NORTH 86'28'07" EAST, A DISTANCE OF 527.50 FEET; THENCE NORTH 42'31'30" EAST, A DISTANCE OF 111.26 FEET; THENCE NORTH 01'49'40" WEST, A DISTANCE OF 177.98 FEET; THENCE NORTH 04'56'23" EAST, A DISTANCE OF 514.86 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE. SOUTH 00'06'41" EAST. A DISTANCE OF 850.11 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 81,765 sf. OR 1.877 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 PADDADE M. VUE & SHOUA L. VUE- RW-01 WELD COUNTY, COLORADO 4929777 Pages: 2 of 3 11/07/2023 11:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 'Ai Bill WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT NO: GR-56 SCALE: DATE:I I-02-221DRAWN BY:. DERIISHEET: 1 of 2 38213 6 LINE TABLE LINE BEARING DISTANCE L1 N63'42'55"W 66.98' L2 S89'40'40"W 1159.36' L3 900'49'41"W 20.00' LA N89'40'40"E 262,36' L5 N83'20'09"E 256.99' L6 N86'28'07"E 527.50" L7 N42'31'30"E 111.26' L8 901'49'40"W 177.98' L9 N04'56'23"E 514.86' L10 SOO-06'41 "E 850.11' EXHIBIT -A E1/4 CORNER S24-TIN-R68W _�1 FOUND 3 1/4" ALUM. CAP LS -36053, 2006 IN MONUMENT BOX EXISTING 60' R3GHt'-OF-4UAY REC#13105, APR. IB, I8B4 ADDITIONAL RIGHT-OF-WAY REG#3!'iB$2; 4,71@, 2005 AGREEMENT PURCHASE RIGHT-OF-WAY REC#3243764, DEC. 14, 2004 PADDADE M. VUE & SHOUA L. VUE PARC.# 146724400016 RECP.#4789844 RECP.#4694092 RECP.#43314O9 LOT—B/RECX16-0049 RECD.#4238432 RW-01 RIGHT—OF—WAY ACQUIRED 81,765 sf. OR 1.877 ac.± . Ai!" 41, 41116 4046111.4014441kilitattl, L2 3 589'40'40"W' 2635.01' WCR -6 S1 /4 CORNER L-FX3Sf3NG 60' R[GHT-OF-WAY 624—TIN—R68W REC#355056, JUNE 01, 19z1 HUNT BROTHERS FOUND 2" ALUM. CAP AODItIONALRIGAT-OF-WAY PROPERTIES, INC. REC#4547183, DEC. 05, 2019 LS -25937, 1997 IN MON. BOX NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTES LAND SURVEY OR LAND SURVEY PLAT, IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY, RIGHT OF WAY ACQUISITION PADDADE M. VUE & SHOUA L. VUE- RW-01 WELD COUNTY, COLORADO 4929777 Pages: 3 of 3 11/07/2023 11:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 "Ill P,O.C. SE CORNER S24-T1N-R68W FOUND 2 1/2" ALUM. PLS-24305, 2002 IN MONUMENT BOX RW-01 P.0.6. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 6 & 13 INTERSECTION PROJECT PROJECT N0: GR-56 SCALE: 1"=200 DATE.] 1-t1 -22 DRAWN BY: DRHISHEET'. 2 AT2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Padade M. Vue and Shoua L. Vue, (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 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 r ain o ► en throughout the term of the TCE. G Lc TOR: Pa,' ade 1l due Sho a L. Vue C6�r.�e�� /!/oL/o't4 aoa3-aaw Hello