HomeMy WebLinkAbout20221206.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 37 RAILROAD CLOSURE
PROJECT AND GRANT OF TEMPORARY CONSTRUCTION EASEMENT, AND
AUTHORIZE CHAIR TO SIGN - WINTER FAMILY FARMS, LLC
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 Concerning the Purchase
of Certain Property for Public Road Improvements for the County Road 37 Railroad Closure
Project and Grant of a Temporary Construction Easement 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 Winter Family Farms, LLC, commencing upon full execution of
signatures, with further terms and conditions being as stated in said agreement and easement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
easement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement Concerning the Purchase of Certain Property for
Public Road Improvements for the County Road 37 Railroad Closure Project and Grant of a
Temporary Construction Easement 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 Winter Family Farms, LLC, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELCOUNTY, COLORADO
ATTEST: da4,,,) ;„k,
K. James, Chair
Weld County Clerk to the Board
County Atti. ney
Date of signature: s/4/22.
cc:Pc.K6a/cri/r )
slm/22
2022-1206
EG0080
Conki/atfiCasn
MEMORANDUM
TO: Clerk to the Board DATE: April 8, 2022
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Agreement for Purchase of Public Road
Right of Way and Temporary Construction Easement
CONTRACT ID: 5748
RE: WELD COUNTY ROAD 37 RAILROAD CLOSURE PROJECT
Approve Agreement for Purchase of Certain Property for Public Road Improvements and Acceptance of Grant
of Temporary Construction Easement between the Winter Family Farms, LLC, a Limited Liability Company
and Weld County, Colorado.
Total Compensation to be paid to Owner is $25,000.00 as outlined below:
• County agrees to pay Owner $8,250.00 for 0.75 acres of Public Road Right of Way and 0.148 acres of
Temporary Construction Easement
• As part of a voluntary settlement the County agrees to compensate owner the cost the County would
incur to acquire an Eminent Domain Real Property Appraisal Report in the sum of $5,000.00.
• County agrees to pay Owner $9,275.00 as a cost to cure to for changes to farming operations and allow
for the relocation of DCP gas lines and Xcel overhead powerlines ahead of road improvements to
maintain the construction schedule.
• County agrees to pay $2, 475.00 as a signing incentive.
• County will relocate and reconstruct two existing agricultural access points.
2022-1206
oct/zi ec-, coo
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN WINTER FAMILY FARMS, LLC, A COLORADO
LIMITED LIABILITY COMPANY AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this L.. day of Or" , 2022, by and between
WINTER FAMILY FARMS, LLC, a Colorado Limited Liability Company, whose address is
38117 County Road 37, Eaton, Colorado, 80615, 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 37, and
WHEREAS, County finds it necessary to construct an adequate turnaround where WCR
37 terminates as 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 Twenty -Five
Thousand Dollars, ($25,000.00).
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 Eight Thousand Two Hundred Fifty Dollars,
($8,250.00).
b. As part of a voluntary settlement County agrees to compensate Owner the cost
the County would incur to acquire an Eminent Domain Real Property Appraisal
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII Iirdi'�4l4�Yh�'� Nom
O1OO2O1—/ezef,
Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WINTER
FAMILY FARMS, TLC AND WELD COUNTY, COLORADO
Report in the sum of Five Thousand Dollars, ($5, 000.00).
c. County agrees to pay owner Two Thousand Four Hundred Seventy -Five
Dollars ($2,475.00) as a signing incentive provided that the Agreement to
Purchase is executed and delivered to the county by April 6, 2022.
d. As a cost to cure County agrees to pay owner Nine Thousand Two Hundred
Seventy -Five Dollars ($9,275.00) to reach a voluntary settlement for changes
to farming operations and to allow for the relocation of Xcel power to the new
ROW line which will maintain the current construction schedule.
e. County agrees to improve, relocate, and permit two agricultural access points
as shown on attached exhibit . Timing of construction for new accesses shall be
coordinated with landowner to minimize conflicts with County construction
and farming operations.
f. Owner shall not plant any crop within the right of way described in Exhibit A
in 2022.
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
1. Owner agrees grants a Temporary Construction Easement (TCE) to the County covering
all property described and depicted in, and subject to the terms provide in Exhibit B, TCE-
A and TCE -B. The Temporary Construction Easement is necessary for the relocation of
the existing agricultural access points.
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Carly Koppes, Clerk and Reoorder, Weld County , CO
iii FA NililithiN MIRmar liAVI I li 5 III
Page 3 o44
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WINTER
FAMILY FARMS, LLC AND WELD COUNTY, COLORADO
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.
1. 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.
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
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Carly Koppel, Clerk and Recorder, Weld County , CO
11111
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN WINTER
FAMILY FARMS, LLC AND WELD COUNTY, COLORADO
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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
By:
Winter Family Farms, LLC, a Colorado Limited Liability Company
lidmi Title: l VG'S I T
ATTEST ,,,f{,/,/ �, `/ .:� BOARD OF COUNTY COMMISSIONERS
Weld C. y Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy C
APPROVED AS TO FORM:
�l
ll7iik O4 `-4..„
County Attorney
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Carly Koppes, Clerk and Reoorder, Weld County , CO
11111 II',1h4'1101N Ir,41hirg ilirr1014a II II
tt
K. James, Cl k 2 7 2022
oZlJaa - lo2oG
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -E3 OF CORRECTED RECORDED EXEMPTION NO. 0707 -25 -1 -RE -1513,
FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2346428 AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 25, TOWNSHIP 7 NORTH, RANGE 66
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID
SOUTHEAST ONE -QUARTER AS BEARING SOUTH 00'34'43" EAST, A DISTANCE OF 2635.55 FEET, TO THE
SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER. SOUTH 00'34'43" EAST,
A DISTANCE OF 343.49 FEET;
THENCE DEPARTING SAID EAST UNE, SOUTH 89'2517" WEST, A DISTANCE OF 30.00 FEET, TO A POINT
ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 37. AS DESCRIBED IN ROAD PETITION FILED IN
THE WELD COUNTY COMMISSIONER RECORDS UNDER ROAD BOOK 3, PAGE 12, SAID POINT BEING THE
TRUE POINT OF BEGINNING.
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 0034'43" EAST, A DISTANCE OF 422.02 FEET,
TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY UNE OF THE UNION PACIFIC RAIL ROAD, MUCH IS
ALSO THE POINT OF A HON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST;
THENCE DEPARTING SAID COUNTY ROAD 37 RIGHT-OF-WAY ENE AND ALONG SAID NORTHEASTERLY
UNION PACIFIC RAIL ROAD RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE 111.60 FEET
WHOSE RADIUS IS 6250.71 FEET, CENTRAL ANGLE IS O1'01`23" AND WHOSE CHORD BEARS NORTH
2020'16" WEST, A DISTANCE OF 111.59 FEET;
THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY UNE. NORTH 20'49'56" WEST, A
DISTANCE OF 337.89 itt 1;
THENCE DEPARTING SAID NORTHEASTERLY RIGHT—OF—WAY UNE, NORTH 89'25'17" EAST, A DISTANCE OF
154.70 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 34,462.28 sf. OR 0.75 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
WINTER FAMILY FARMS, LLC
WELD COUNTY, COLORADO
4823957 Pages: 5 of 11
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Carly Koppel, Clerk and Recorder, Weld County , CO
VIII �U�1�'I'�J'rI��QE� L�4a� trilt N!nhah lI II
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 37 RR CLOSURE PROJECT
PROJECT NO: BIL-79
DATE: 3-31-21
SCALE:
DRAWN BY: DRH
SHEET: 1 oft
EXHIBIT -A
WINTER FAMILY
FARMS, LLC
RECP.#4169527
PARCEL#07072500003 1
LOT -B CORRECTED RE -15131
RECP.#2346428
AUG. 17, 1993 �- I
}, 1•4
DCP MIDSTREAM
RECP#4165619
DEC. 16, 2015
0' PIPELINE EASEMEN j
PUBLIC SERVICE COMPANY
RECP#4594365
MAY 29, 2020
OPTION AGREEMENT TO
BUY THE SOUTH 20 ACRES
LINE TABLE
LINE
BEARING
DISTANCE
L1
S89'25'17"W
30.00'
L2
S00'34'43"E
422.02'
. L3
N2049'56"W
337.89'
14
N89 -25'17"E
154.70'
RIGHT—OF—WAY
ACQUIRED
32,462.28 sf.
OR 0.75 ac.±
L=111.. w'
R=6250.71'
t1'O1'23"
CB=N20'20'16"W
C=111.59'
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SUI'EY OR LAND SURVEY PLAT.
IT IS B1TENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY
ACQUISITION
WINTER FAMILY FARMS, LLC
WELD COUNTY, COLORADO
4825957 Pages: B of 11
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Carly Koppes, Clerk and Recorder, Weld County , CO
P.O.C.
E 1/4 COR. S25-T7N-R66W
FND 3 1/4" ALUM. CAP
1.523513 IN MON. BOX
£X1STINC 60' ROW
RD. BK. 3, PG. 12
OCT. 04, 1881
WAKE LLLP
tvt d
S3O-T7\ R6“1'
id 1st _
GARCIA
MILLER
COR. S25-17N-R66W
FND 3 1/4" ALUM. CAP
LS23513 IN MON. BOX
�, WELD COUNTY DEPARTMENT
"4=86 OF PUBLIC WORKS
COUNT
WCR 37 RR CLOSURE PROJECT
PROJECT NO: BIL-79
SCALE: 1 "=100
DATE: 3-31-21 DRAWN BY: DRH
SHEET: 2 of 2
lIII NUS.rnlikillikiMiIigMirall1131411 l Bill
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this lDatel day of jMonthl, [Yearl, between Winter Family Farms, LLC, a Colorado
Limited Liability Company (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(I Xa),
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:
Winter Family Farms, LLC, a Colorado Limited Liability Company
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 2021,
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(l)(a).
Dated this day of , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerk to the Board Chair, Board of County Commissioners
*No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S.
43-2-201(1)(a).
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Carly Koppes, Clerk and Recorder, Weld County , CO
id BM
EXHIBIT -B
PROPERTY DESCRIPTION
TWO PARCELS OF LAND, LOCATED IN THE EAST ONE-HALF OF SECTION 25. TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF CORRECTED
RECORDED EXEMPTION NO. 0707 -25 -1 -RE -1813, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. 2346428 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
7CE-A
COIO4EN= AT THE EAST ONE -QUARTER CORNER OF SECTION 25, TOWNSHIP 7 NORTH. RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 25 AS
BEARING SOUTH 00'34'43' EAST, A DISTANCE OF 2635.55 FEET, TO THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 7
NORTH, RANGE 66 WEST. ALSO DL.SutIBED AS SHOWN;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER, SOUTH 00.34'43' EAST, A DISTANCE OF 207.62 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89'25'17" WEST, A DISTANCE OF 30.00 FEET, TO A PONT ON THE WEST
RIGHT-OF-WAY LINE OF COUNTY ROAD 37, AS DESCRIBED IN ROAD PETITION FILED IN THE VELD COUNTY COMMISSIONER
RECORDS UNDER ROAD BOOK 3, PAGE 12, SAID POINT BEING THE TRUE POINT OF
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 0034'43' EAST. A DISTANCE OF 80.00 FEET;
THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE SOUTH 89'25'17" WEST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 00'34'43" WEST. A DISTANCE OF 80.00 FEET;
THENCE NORTH 89"25'17' EAST, A DISTANCE OF 40.00 FEET. TO THE TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 3,200 af. OR 0.074 ac. MORE OR I FSS
1 A
Cagetalfi AT THE EAST ONE —QUARTER CORNER Of SECTION 25, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS
SHOWN AND IS RASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -WARIER OF SAC SECTION 25 AS
BEARING SOUTH 0034`43' EAST, A DISTANCE OF 2635.55 FEET, TO THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 7
NORTH, RANGE 66 WEST. ALSO DESCRIBED AS SHOWN:
THENCE ALONG THE EAST U E OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 25, NORTH 00'34'5(" NEST. A DISTANCE
OF 1068.96 FEET;
THENCE DIEPARTINS SAID EAST LIE; SOUTH 89'25'10" WEST, A DISTANCE OF 30.00 FEET. TO A PONT ON TIE WEST
RIGHT-OF-WAY LINE OF COUNTY ROAD 37. AS DESCRIBED IN ROAD PETITION FILED IN 1NE NEW COUNTY COMMISSIONER
RECORDS UNDER ROAD BOOK 3, PAGE 12, SAID POINT BEING THE TRUE POINT( OF BE1oNNING..
THENCE DEPARTING SAID NEST RIGHT—OF—WAY LINE SOUTH 8925'10' WEST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 0034`5@' NEST, A DISTANCE OF 80.00 FEET;
THENCE NORTH 89'25'I0" EAST; A DISTANCE OF 40.00 FEET, TO A POINT ON SAID NEST RIGHT-OF-WAY LINE;
THENCE ALONG SAID NEST RIGHT—OF—WAY LINE, SOUTH 00'34'50' EAST. A DISTANCE OF 60.00 FEET; TO THE TRUE POINT OF
SAID PARCEL CONTAINS 3,200 af. OR 0.074 cc. MORE OR LESS.
COMBINED AREA 8,400 a1 OR 0.148 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PIS 38213
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
WINTER FAMILY FARMS, LLC
WELD COUNTY, COLORADO
cot.,
NT
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 37 RR CLOSURE PROJECT
PROJECT NO: BIL-79
SCALE:
DATE: 3-03-22
DRAWN BY: DRH
SHEET: I of 2
4825957 Pages: 8 of 11
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Carly Koppel, Clerk and Recorder, Weld County , CO
iv FJP111':069+J,14114 021 11VICIOYk 1I II 1
EXHIBIT -B
TCE-B
TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
3,200 sf.
OR 0.074 a c.±
NE /74
S25-77N-R66w
WINTER FAMILY
FARMS, LLC
RECP.#4169527
PARCEL#070725000031
LOT -B CORRECTED RE -1513
RECP./2346428
AUG. 17, 1993
L10
L11
L9
P.O.B.
TCE-A
TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
3.200 sf.
OR 0.074 ac.± P.O.
SE 1.4
525-T7\-R66W
L5
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. L4
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
a
to
to
.r
N
FUTURE RIGHT-OF-WAY
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
WINTER FAMILY FARMS, LLC
WELD COUNTY, COLORADO
N
ui
Ito
IN
3
L12 b
N
O
0
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If)
tg0
sox
mo:
04W
02
la-
el01
nvs
0¢
0 C
L3
lI/ - !1.
A LP r '
1 COUNTY1
FND 3 1/4" ALUM. CAP
LS23313 IN MUN. 80X
TCE-B LINE TABLE
LINE
BEARING
DISTANCE
L7
NO0'34'50"W
1056.96'
L8
589'25'10"W
30.00'
L9
S89'25'1o"w
40.00'
L10
NO0'34'50"W
80.00'
L11
N89'25'10"E
40.00'
L12
S00'34'50"E
80.00'
GODEY FARM, LLC'
NW I/4
S30.T7 i`- R6iW
SO' ROW
I M. BN. 3, PG. 12
OCT. 04. 1881
_o_C.
E 1/4 COIL. S25-17N-R66W
FND 3 1/4' ALUM. CAP
LS23513 IN MON. BOX
Sw -4
WAKE I.LLP
UNE
L1
L2
13
14
L5
16
TCE-A UNE TABLE
BEARING I DISTANCE
SOO 34'43"E I 207.62'
S89'25'17"W I 30.00'
S0034'43"E I 80.00'
S89'25'17"W I 40.00'
NO0'34'43"WJ 80.00'
N89 25'17"E I 40.00'
SE COR. S25-T7N-R66W
FND 3 1/4" ALUM. CAP
LS23513 IN MON. BOX
4825957 Pages: 9 of 11
05/10/2022 01:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
���� IYP�11�'1�hhi�4 y�l ll NOM!' h it ileMit Ili BIM
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 37 RR CLOSURE PROJECT
PROJECT NO: BIL-79 'SCALE: 1"=100
DATE: 3-03-22 DRAWN BY: DRH SHEET: 2 of 2
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between WINTER FAMILY FARMS,
LLC, a Colorado Limited Liability Company, whose address is 38117 County Road 37, Eaton,
Colorado, 80615, (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 grant unto County a Temporary
Construction Easement for the purpose of reconstructing two existing agricultural access, 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:
I . The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force or effect 1 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:
Winter Family Farms LC
4825957 Pages: 10 of 11
05/10/2022 01:28 PM R Fee:$0.00
Carly Koppes, Clark and Recorder, Weld County , CO
Illll reflinfI I VM I lid YEIM I IM Bill
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, hereby accepts the above Temporary Construction Easement.
Dated this
ATTEST: _
Weld County Clerk to the B
BY:
day of
4825937 Pages: 11 of 11
05/10/2022 01:28 PM R Fee:$0.00
Carly Koppea, Clerk and Recorder, Weld County , CO
uIIIPLAT! :� WW1 ��� �K �I�h+� Yoh 11111
, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
cott/K. James, Chair
Contract Form
New Contract Request
Entity Information
Emily Name*
WINTER FAMILY FARMS LLC
Contract Name*
WINTER FAMILY FARMS, LLC
Contract Status
CTB REVIEW
Entity ID*
800045410
New Entity?
Contract ID
5748
Contract Lead
TVJOHNSON
Contract Lead Email
tvjohnsonOco.wed.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 WINTER FAMILY FARMS,
LLC, A COLORADO LIMITED LIABLITY COMPANY AND WELD COUNTY, COLORADO
Contract Description 2
PURCHASE OF PUBLIC ROAD RIGHT OF WAY AND A TEMPOARY CONSSTRUCTION EASEMENT RELATED TO THE RAILROAD
CROSSING CLOSURE AT WCR 37.
Contract Type*
AGREEMENT
Amount.,
425,0O0.00
Renewable*
NO
Automatic Renewal
ent
ORKS
Department Email
CM-
Pu blic'Works,gweldgov.com
ent Head Email
CM-PublicWorks-
DeptHeadc4weldgov.corn
County Attorney
GENERAL COUNTY
Al I ORNEY EMAIL
County Attorney Email
C.M-
COUNTYA I I ORNEY' WELDG
OV.COM
Requested BOCC Agenda
Date*
04x'20,'2022
Due Date
04:' 16/2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
1f 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
On Base
Contract Dates
Review Date*
04!20.`2022
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name Contact Type
Purchasing
Purchasing ,•:+
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
04;` 20,' 2022
Final Approval
BOCCC Approved
BOCC Signed Date
BOCC Agenda Date
04,27,=2022
Originator
TVJOHNSON
Committed Delivery Date
asing
Finance Approver
CHRIS D'OVIDIO
Expiration Date*
04,20:2023
Contact Phone I Contact Phone 2
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
04'22,2022 04'22,2022
Tyler Ref #
AG 042722
MEMORANDUM
TO: Clerk to the Board DATE: May 24, 2022
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Acceptance of Deed of Dedication
CONTRACT ID: 5748
RE: WELD COUNTY ROAD 37 RAILROAD CLOSURE PROJECT
Accept Deed of Dedication for Public Road Right of Way between Winter Family Farms, LLC, a Limited
Liability Company and Weld County, Colorado.
Total compensation was paid to the landowner on May 17th, 2022.
Con5t,n+
Olo/ Olo / ZZ
cc: a,veri)
7/151.22
Z07.2,- 12.04)
E G -,00K
By:
DEED OF // DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this CO2 da of
y , ola3 between Winter Family Farms, LLC, a Colorado
Limited Liability Company (referred to rein 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.
GRANTORel D_
Winter Family Farms, LLC, a Colorado Lim' e Liability Company
STATE OF COLORADO )
ss.
COUNTY OF WELD ) ��
The foregoing instrument was acknowledged before me this rrik day of
by ,,L4& VLeS 12• WiKtti ✓.
As Esidc
ess my hand and official seal.
Not. �r'�;' ublic
JENNIFER FULLER
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 200540203U
MY COMMISSION EXPIRES MAY 19, 2025
, 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 Li, �� o day of �� , 2022.
ATTESTS�T v "T-
We
etitm)ld Co Clerk to the Bo;'
i4IJ
Deputy Cleto th- Boar:?or
BOARD OF COUNTY COMMISSIONERS
WELL} COUNTY,2OLORADO
Chaff,Board of County Commissioners
JUN 0 6 2022
*No Deed of Dedication is valid uhe Board of County Commissioners pursuant to C.R.S.
43-2-201(1) (a).
4836774 Pages: 1 of 3
06/22/2022 10:41 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
aoa r- iao�
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 7 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT -B OF CORRECTED RECORDED EXEMPTION NO. 0707 -25 -1 -RE -1513,
FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2346428 AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 25, TOWNSHIP 7 NORTH, RANGE 66
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID
SOUTHEAST ONE -QUARTER AS BEARING SOUTH 00'34'43" EAST, A DISTANCE OF 2635.55 FEET, TO THE
SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER, SOUTH 00'34'43" EAST,
A DISTANCE OF 343.49 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 89'25'17" WEST, A DISTANCE OF 30.00 FEET, TO A POINT
ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 37, AS DESCRIBED IN ROAD PETITION FILED IN
THE WELD COUNTY COMMISSIONER RECORDS UNDER ROAD BOOK 3, PAGE 12, SAID POINT BEING THE
TRUE POINT OF BEGINNING.
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00'34'43" EAST, A DISTANCE OF 422.02 FEET,
TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY UNE OF THE UNION PACIFIC RAIL ROAD, WHICH IS
ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST;
THENCE DEPARTING SAID COUNTY ROAD 37 RIGHT-OF-WAY LINE AND ALONG SAID NORTHEASTERLY
UNION PACIFIC RAIL ROAD RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE 111.60 FEET
WHOSE RADIUS IS 6250.71 FEET, CENTRAL ANGLE IS 01'01'23" AND WHOSE CHORD BEARS NORTH
20'20'16" WEST, A DISTANCE OF 111.59 FEET;
THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, NORTH 20'49'56" WEST, A
DISTANCE OF 337.89 FEET;
THENCE DEPARTING SAID NORTHEASTERLY RIGHT-OF-WAY LINE, NORTH 89'25'17" EAST, A DISTANCE OF
154.70 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 34,462.28 sf. OR 0.75 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
WINTER FAMILY FARMS, LLC
WELD COUNTY, COLORADO
4836774 Pages: 2 of 3
06/22/2022 10:41 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 37 RR CLOSURE PROJECT
PROJECT NO: BIL-79 I
SCALE:
DATE: 3-31-21 'DRAWN BY: DRHISHEET: 1 oft
1111 IIPAIRI'IO'Gli;iiIit II
EXHIBIT -A
SE 1,4
S25-7T7.V-R66LV
WINTER FAMILY'
FARMS, LLC f
\ RECP.#4169527
PARCEL#070725000031
LOT —B CORRECTED RE -1513!
RECP.#2346428
AUG. 17, 1993 —�f 9
'o.
PUBLIC SERVICE COMPANY
RECP#4594365
MAY 29, 2020
OPTION AGREEMENT TO
BUY THE SOUTH 20 ACRES
DCP MIDSTREAM LP�
RECP#4165619 I
DEC. 16, 2015
,30' PIPELINE EASEMENT
I
P.O.B. I
L4
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
S89.25'17"W
SOO'34'43"E
N20'49'56"W
N89'25'17"E
30.00'
422.02'
337.89'
154.70'
L3
L4
UNION PACIFIC RAIL ROAD
RIGHT—OF—WAY
ACQUIRED
32,462.28 sf.
OR 0.75 ac.±
L=111.6
R=6250.71'
0=1'01'23"
CB=N20'20'16"W
C=111.59'
L3
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.
RIGHT OF WAY
ACQUISITION
WINTER FAMILY FARMS, LLC
WELD COUNTY, COLORADO
4836774 Pages: 3 of 3
06/22/2022 10:41 AM R Fee:$0.00
Carly Kopper, Clerk and Recorder, Weld County , CO
L
r.o.c.
E 1/4 COR. S25-T7N-R66W
FND 3 1/4" ALUM. CAP
LS23513 IN MON. BOX
EXISTING 60' ROW
RD. BK. 3, PG. 12
OCT. 04, 1881
ld
WAKE LLL,P
SW
S36-Ts74-R65SV
GARCIA
PL
MILLER
SE COR. S25-17N-R66W
END 3 1/4" ALUM. CAP
LS23513 IN MON. BOX
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
VIII Nr.AlFiII vilar R1l NI " 111111
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