HomeMy WebLinkAbout20223070.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS WHERE COUNTY ROAD 2.5 TERMINATES AT UNION
PACIFIC RAILROAD RIGHT-OF-WAY, AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - SAKATA LAND COMPANY
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 where County Road 2.5 Terminates at Union Pacific
Railroad Right -of -Way 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
Sakata Land Company, 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 where County Road 2.5 Terminates at Union Pacific Railroad Right -of -Way
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 Sakata Land
Company, 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 P J(C31 /ER./T3)
i(/23/22
2022-3070
EG0080
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS WHERE COUNTY ROAD 2.5 TERMINATES AT UNION PACIFIC RAILROAD
RIGHT-OF-WAY - SAKATA LAND COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELQ COUNTY, COLORADO
ATTEST: dittA)
Scckt K. James, Chair
Weld County Clerk to the Board
Mikeepman, Pro -T
County Attorney
Date of signature: I I/I4/22
2022-3070
EG0080
RE: WCR 2.5 Turnaround
Cn+mac+ mD 44 Coq 30?
MEMORANDUM
TO: Clerk to the Board DATE: November 1, 2022
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Agreement for Purchase of Public Road
Right of Way and Temporary Construction Easement
CONTRACT ID: 6436
Approve Agreement for Purchase of Certain Property for Public Road Improvement Project between Sakata
Land Company and Weld County, Colorado.
Total Compensation to be paid to Owner is $34,350.00 as outlined below:
• County agrees to pay $3,650.00 for 0.345 acres of Public Road Right of Way and 0.088 acres of
Temporary Construction Eaement
• County agrees to pay $23,500.00 to Owner to rebuild and existing concrete irrigation ditch located
within the newly acquired Public Road Right of Way
• County agrees to pay $7,200.00 as a signing incentive to maintain November 2022 construction
schedule
2022-3070
a&oo -o
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN SAKATA LAND COMPANY, A COLORADO
GENERAL PARTNERSHIP AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this "7
-4h day of (levembe.r 2022, by and between
Sakata Land Company, A Colorado General Partnership, whose address is PO Box 508,
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 Exhibit B (hereinafter referred to as ("Temporary Construction Easement" or TCE), and
WHEREAS, the Colorado Department of Transportation and the Union Pacific Railroad
have closed the crossing at WCR 2.5, and
WHEREAS, County finds it necessary to construct an adequate turnaround where Weld
County Road 2.5 terminates at the Union Pacific Railroad Right of way (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 Thirty -Four
Thousand Three Hundred Fifty Dollars, ($34,350.00).
a. Owner agrees to sell, and County agrees to purchase at closing, the Public Road
Right -of -Way and Temporary Construction Easement described and depicted
on Exhibits A and B for the sum of Three Thousand, Six Hundred Fifty Dollars,
($3,650.00).
b. County agrees to pay owner Twenty -Three Thousand, Five Hundred Dollars
($23,500.00) as curable compensable damages for the rebuilding of the existing
concrete irrigation ditch based on estimated provided by Owner.
4866979 Pages: 1 of 10
11/15/2022 11:12 AM R Fee:$0.00
Carly Koppea, Clerk and Recorder, Weld County , CO
VIII l��1�'Y41�i�ri �h+�:il l� X��i �ti111 �i�Ii ,4 W II II
Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SAKATA
LAND COMPANY AND WELD COUNTY, COLORADO
c. County agrees to pay owner Seven Thousand Two Hundred Dollars ($7,200.00)
to as a signing incentive provided that the Agreement to Purchase is executed
and delivered to the County by October 28, 2022.
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
III. PUBLIC ROAD RIGHT(S)-OF-WAY
I. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication
as provided in Exhibit A.
2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of -
Way to County at the date of closing which shall be no later than thirty (30) days following
mutual execution of this Agreement. 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
1. Owner agrees to grant the Temporary Construction Easement (TCE) to the County
covering all property described and depicted in, and subject to the terms provide in Exhibit
B.
V CLOSING
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. 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.
I. County shall at closing pay for the cost of obtaining title insurance if County elects to
obtain title insurance for the Property.
2. County shall at closing pay all fees associated with recording this Agreement and/or
the Deed of Dedication.
4866979 Pages: 2 of 10
11/15/2022 11:12 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
VIII I�.��L'�u��W'L�r1'FI �jMYdkS�IP���F1rJ,YV�MI �I II
Page 3 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SAKATA
LAND COMPANY 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. 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
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.
7. 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.
4866979 Pages: 3 of 10
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Carly Koppeo, Clerk and Recorder, Weld County , CO
III III
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SAKATA
LAND COMPANY AND WELD COUNTY, COLORADO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
By:�,
ATTEST:
Weld C
BY:
Sakata Land Company, A Colorado General Partnership
ddrit
y
Clerk to the : oard
Deputy Cl
APPROVED AS TO FO
County Attorney amenable
4866979 Pages: 4 of 10
11/1Car1Y5/2022 Kopp s,1Ciar2k .Md Ra Fee:r,,O.00
Wad County , CO
iiii rjori i �MtiraC PChrverr, aIRti7�If��4�11�IiY�h �I III
Title:
BOARD OF COUNTY COMMISSIONERS
WEL r COUNTY, COLORADO
c o tt James, Chair
NOV o 7 7,23
o Ooga2-3o 70
EXHIBIT -A
A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 31,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF BARGAIN AND SALE DEED, FILED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2322950, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF
SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 89'24'11" WEST, A DISTANCE OF 1329.86 FEET, TO THE
CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO
DESCRIBED AS SHOWN;
THENCE ALONG SAID SOUTH LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 318.58 FEET.
THENCE DEPARTING SAID SOUTH LINE, NORTH 00'35'49" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5 AS DESCRIBED IN QUIT CLAIM DEED FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 96254, DATED MAY 04,
1904, AND BEING THE TRUE POINT ON BEGINNING
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 242.51 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'35'49" WEST, A DISTANCE OF 92.43 FEET;
THENCE NORTH 89'24'11" EAST, A DISTANCE OF 82.42 FEET;
THENCE SOUTH 60'35'49" EAST, A DISTANCE OF 184.86 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 15,016 sf. OR 0.345 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
SAKATA LAND COMPANY
WELD COUNTY, COLORADO
4866979 Pages: 5 of 10
11/15/2022 11:12 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
Go_UNTY
VI I h 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 2.5 & 29 PROJECT
PROJECT NO: BIL-?3
SCALE:
DATE: 4-29-22 DRAWN BY: DRHJ SHEET: 1 of 2
EXHIBIT -A
C -E 1/16 CORNER
S31 -T1 N-R66W
FND 2.5" ALUM. CAP
LS 25937, 2001
E 1/2 -NE E 1:4
S31-T1,V-R66W
SAKATA LAND COMPANY
RECP.#2322950
PARC.# 147131000040
RIGHT—OF—WAY
ACQUIRED
15,016 sf.
OR 0.345 ac.±
L3
S89'24'11 "W 1329 86' WCR 25
\&,
BASIS OF BEARING
DOTTIE
INVESMENTS LLC
BRIGHTON ANNEXA, � ION PLAT
REC#1845884SEC. '3%
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
NO0'35'49"W
S89'24'11 "W
N00'35'49"W
N 89'24' 11 "E
S60'35'49"E
30.00'
242.51'
92.43'
82.42'
184.86'
L3
L4
L5
P.O.C.
E 1/4 CORNER
S31-TIN-R66W
0.BFND 2" ALUM. CAP
LLS 23027, 1999
30• S89'24'11 "W
318.58'
1�
EXISTING 30' RIGHT-OF-WAY
REC#94515 JAN. 29, 1904
QCD-REC#96254 MAY 04, 1904
E 1. -2 -SE 1/4
031 -TI: '-R666Y
MONAGHAN FARMS INC.
( NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
/ a MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY Y , WELD COUNTY DEPARTMENT
ACQUISITION Y-- OF PUBLIC WORKS
SAKATA LAND COMPANY
WELD COUNTY, COLORADO
4866979 Pages: 6 of 10
11/15/2022 11:12 AM R Fee:$0.00
Carly Kopp.., Clerk and Recorder, Weld County , CO
WCR 2.5 & 29 PROJECT
PROJECT NO: B1L-73
SCALE: 1"=100
DATE: 4-29-22
DRAWN BY: DRH
SHEET: 2 of 2
INFJP1,111,4149g1WIIIILVEMPINkilitilld III
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Sakata Land Company, A
Colorado General Partnership, the address of which is P.O. Box 508, 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"):
WFINESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby grant unto County a Temporary
Construction Easement for the purpose of grading and roadway construction, 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 and commences upon the Board of County Commissioners
approval of the Agreement to Purchase of Certain Property for Public Road Improvements
between Sakata Land Company and Weld County 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.
GRANTOR:
Sakata Land Company, A Colorado General Partnership
4866979 Pages: 7 of 10
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111I���IL" ��h4�'�'�QM �W14C14k WIWI UN
EXHIBIT -B
A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 31,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF BARGAIN AND SALE DEED, FILED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2322950, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF
SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 89'24'11" WEST, A DISTANCE OF 1329.86 FEET, TO THE
CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO
DESCRIBED AS SHOWN;
THENCE ALONG SAID SOUTH LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 318.58 FEET.
THENCE DEPARTING SAID SOUTH LINE, NORTH 00'35'49" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5 AS DESCRIBED IN QUIT CLAIM DEED FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 96254, DATED MAY 04,
1904, AND BEING THE TRUE POINT ON BEGINNING;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 60'35'49" WEST, A DISTANCE OF 184.86 FEET;
THENCE SOUTH 89'24'11" WEST, A DISTANCE OF 82.42 FEET;
THENCE SOUTH 00'35'49" EAST, A DISTANCE OF 92.43 FEET, TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 10.00 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'35'49" WEST, A DISTANCE OF 102.43 FEET;
THENCE NORTH 89'24'11" EAST, A DISTANCE OF 95.10 FEET;
THENCE SOUTH 60'35'49" EAST, A DISTANCE OF 204.86 FEET, TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY LINE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 20.00 FEET, TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3,810 sf. OR 0.088 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
SAKATA LAND COMPANY
WELD COUNTY, COLORADO
4866979 Pages: 8 of 10
11/15/2022 11:12 AM R Fee:$0.00
Carly Kopp's, Clark and Reoordar, Weld County , CO
kirdNINIAIG INITATIUMWM'i Wyh "Ill
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 2.5 & 29 PROJECT
PROJECT NO: BIL-73
SCALE:
DATE: 4-29-22 'DRAWN BY: DRHI SHEET: I of 2
EXHIBIT -B
Q
o
t'' /
C.
ate'
. i
Q
S
.
/
/
C -E 1/16 CORNER
S31-T1N-R66W
FND 2.5" ALUM. CAP
LS 25937, 2001
_/___
E 1/2 -NE 14
531-TIN-R66W
SAKATA LAND COMPANY
RECP.#2322950
2322950
PARC.# 147131000040
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
3,810 sf.
OR 0.088 ac.±
L6
S89'2411'W 1329.86'
BASIS OF BEARING
r DOTTIE
INVESMENTS LLC
BRIGHTON ANNEXATION PLAT
REC#1845084; DEC 231980
a
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
SAKATA LAND COMPANY
WELD COUNTY, COLORADO
L7
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
NOO'35'49"W
N6O'35'49"W
S89'24'11 "W
SOO'35'49"E
S89'24'11 "W
N OO'35'49"W
N89'24'11 "E
S6O'35'49"E
S89'24'11 "W
30.00'
184.86'
82.42'
92.43'
10.00'
102.43'
95.10'
204.86'
20.00'
L3
L4
L5
L6
L7
L8
L9
P.O.C.
E 1/4 CORNER
S31 -T1 N-R66W
FND 2" ALUM. CAP
LS 23027, 1999
30' 589.24'11" W
318.58'
EXISTING 3O' RIGHT-OF-WAY
REC#94515 JAN. 29, 19O4
QCD-REC#96254 MAY O4, 19O4
E 1,2 -SE 1/4
S31-TI5 -R66W
MONAGHAN FARMS INC.
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-
4866979 Pages: 9 of 10
11/15/2022 11112 AM R F.. $0.00
Carly Koppae, Clark and Recorder, Wald County , CO
11111
Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 2.5 & 29 PROJECT
PROJECT NO: BIL-73
SCALE: 1"=100
DATE: 4-29-22 'DRAWN BY: DRHISHEET: 2 of 2
Ir
•
41(
Cas)
0
+ ,*T
T DOTTIE
E 1/2 -NE 1.4
531-T1N-R66W
SAKATA LAND COMPANY
RECP.#2322950
PARC.# 147131000040
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
3,810 sf.
OR 0.088 ac.±
° INVESMENTS lC
I
•�, BRIGHTON ANNEICATION PLAT
• REC#1845084, DEC. 23-1980
1:21 1
S 414, 7) — - 43
.. me
..
r .1. S
l'In at:1.N- liallt: i
7 amp
, all, 4
IMP
I CI
'\\
WCR 25
RIGHT-OF-WAY
ACQUIRED
15,016 sf.
OR 0.345 ac.±
EXISTING 30' RIGHT-OF-WAY
REC#94515 JAN. 29, 1904
QCD-REC#96254 MAY 04, 1904
E 1.2 -SE 1.4
S31- Ti N -R66
3
o'
MONAGHAN FARMS INC.
4866979 Pages: 10 of 10
11/15/2022 11:12 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS WHERE COUNTY ROAD 2.5 TERMINATES AT UNION PACIFIC
RAILROAD RIGHT-OF-WAY - SAKATA LAND COMPANY
APPROVE BSTAN
El
APPROVED q TO FUNDING:
artment Head
Chief Financial Officer / Controller
APPROVED AS TO FORM:
Coun y Attorney "'
Contract Form
New Contract Request
Entity Inform
Entity Name
SAKATA LAND COMPANY
Entity ID"
O00046340
❑ New Entity?
Contract Name" Contract ID
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY 6436
FOR PUB-LIC ROAD IMPROVEMENTS
Contract Status
LEGAL CHECK
Contract Lead"
TVJOHNSON
Contract Lead Email
tvjohnson'Yco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description"
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVMENTS BETWEEN SAKATA LAND
COMPANY, A COLORADO GENERAL PARTNERSHIP AND WELD COUNTY, COLORADO.
Contract Description 2
Contract Type
AGREEMENT
Amount"
$34,350.00
Renewable
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks'v?weldgov.corn
Department Head Email
CM -Public orks-
DeptHeadTweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EYA W ELDG
OV.COM
Requested BOCC Agenda
Date
1109/2322
Due Date
11/05/2022
Will a work session with BOCC be required?"
NO
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NO
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Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
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Contract Dates
Effective Date Review Date" Renewal Date
11 01 2023
Termination Notice Period
Committed Delivery Date
Expiration Date'
11;01/2024
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
DH Approved Date
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
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Finance Approved Date Legal Counsel Approved Date
Tyler Ref It
CONSENT
MEMORANDUM
TO: Clerk to the Board DATE: December 9, 2022
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Consent Agenda Items - Deed of Dedication
CONTRACT ID: 6436
RE: Dedication of Public Road Right of Way for WCR 2.5
Acceptance of Deed of Dedication between Sakata Land Company and Weld County.
Conseil+ Renck&
11/19/ 22
Cc;Aders te,g-t-e-e-"lect
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9 w (rzr) Raco.ded
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ZOZZ- 3U10
EC10O'?U
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this .2 2 day of Alo v e...4,., .„702 z between Sakata Land Company, A Colorado
General Partnership (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 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.
Sakata Land Company, A Colorado General Partnership
STATE OF COLORADO )
ss.
COUNTY OF WELD )
Th oregoing instrument was acknowledged before me this day of
byr1C i- ,&2xc
Witness my hand and official seal.
Notary Public
SHARON K NISHIMOTO
NOTARY PUBIC
STATE OF COLORADO
NOTARY ID 20074028028
MY COMMISSION EXPIRES JULY 13, 2023
, 2022,
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 I qth day of Dec -em faev , 2022.
ATTEST: ds,itictio „L:64.
Weld County Clerk to the Board
•'J 'JAM .°
Deputy Clerk to the Board
By
*No Deed of Dedication is valid until
43-2-201(1)(a).
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
, Board of County Commissioners
f County Commissioners pursuant to C.R.S.
40,2A -507n
EXHIBIT -A
A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 31,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF BARGAIN AND SALE DEED, FILED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2322950, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF
SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 89'24'11" WEST, A DISTANCE OF 1329.86 FEET, TO THE
CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO
DESCRIBED AS SHOWN;
THENCE ALONG SAID SOUTH LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 318.58 FEET.
THENCE DEPARTING SAID SOUTH LINE, NORTH 00'35'49" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5 AS DESCRIBED IN QUIT CLAIM DEED FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 96254, DATED MAY 04,
1904, AND BEING THE TRUE POINT ON BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89'24'11" WEST, A DISTANCE OF 242.51 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 00'35'49" WEST, A DISTANCE OF 92.43 FEET;
THENCE NORTH 89'24'11" EAST, A DISTANCE OF 82.42 FEET;
THENCE SOUTH 60'35'49" EAST, A DISTANCE OF 184.86 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 15,016 sf. OR 0.345 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
ti r
SAKATA LAND COMPANY fLPI, r i
WELD COUNTY, COLORADO COUNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 2.5 & 29 PROJECT
PROJECT NO: BIL-73
SCALE:
4876035 Psgss: 2 of 4
01/09/2023 01:22 PM R Fee:$0.00
Carly Kopp., Clerk and Recorder, Weld County CO
Valk Plei 'IOlV,Mil III II
EXHIBIT -A
U
C —E 1/16 CORNER
S31-T1N-R66W
FND 2.5" ALUM. CAP
LS 25937, 2001
E 1/2 -NE 1/4
S31-TIN-R66W
SAKATA LAND COMPANY
RECP.#2322950
PARC.# 147131000040
RIGHT—OF—WAY
ACQUIRED
15,016 sf.
OR 0.345 ac.±
L3
L
S89'24'11 "W 1329.86' WCR 25
BASIS OF BEARING
A DOTTIE
INVESMENTS LLC
BRIGHTON ANNEXATION PLAT
REC#1845084, DEC. 23-1980
rp
RIGHT OF WAY
ACQUISITION
SAKATA LAND COMPANY
WELD COUNTY, COLORADO
U
U
L5
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
NO0'35'49"W
S89'24'11 "W
N00'35'49"W
N89'24'11 "E
S60'35'49"E
30.00'
242.51'
92.43'
82.42'
184.86'
L3
L4
L5
P.O.C.
E 1/4 CORNER
S31 -T1 N-R66W
FND 2" ALUM. CAP
LS 23027, 1999
30' 589'24'11 "W
318.58'
EXISTING 30' RIGHT-OF-WAY
REC#94515 JAN. 29, 1904
QCD-REC#96254 MAY 04, 1904
E I/2 -SE 1/4
S31-TIN-R66W
r
MONAGHAN FARMS INC.
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 2.5 & 29 PROJECT
PROJECT NO: BIL-73 I SCALE: 1"=100
DATE: 4-29-22
DRAWN BY: DRH
SHEET: 2 oft
4876035 Pages: 3 of 4
01/09/2023 01:22 PM R F..:$0.00
Carly Kopp.s, Clark and Recorder, Wald County, CO
Cl�CY4h:Mir��W 1I II 1
a
I,
tiilk' &sae'
4
ch.
icr
sr, ft
♦ Awn
/Pb • SP
ran
DOTTIE
IItVESMENTS L'° C
BRIGHTON
$4, 0 PLAT
r REcs,8(t5O2T13-1°149A0
F 172 —NE
s)31—'
SAKATA LAND COMPANY
RECP.#2322950
PARC.#147131Q00040
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
3,810 sf.
OR 0.088 ae.f—Th
I'
AMP
WCR25
RIGHT—OF—WAY
ACQUIRED
15,016 sf.
OR 0.345 ac.±
EXISTING 30' RIGHT —OF —WA/
X
REC j94515 JAiV. 29, 1904
QCD—REC#96254 MAY 04, 1904
F 12 SF. 1 .,
MONAG HAN FARMS IN(
4876035 Pages: 4 of 4
01/09/2023 01:22 PM R Fee:$0,00
Carly Koppel, Clerk and Recorder, Weld County , CO
FAN %NAV* 111111
III
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