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HomeMy WebLinkAbout20211595.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROADS 80 AND 37 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - DEBORAH CAMPBELL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Certain Property for Public Road Improvements for County Roads 80 and 37 Intersection 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 Deborah Campbell, 38855 County Road 37, Eaton, Colorado 80615, 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 Agreement for the Purchase of Certain Property for Public Road Improvements for County Roads 80 and 37 Intersection 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 Deborah Campbell, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: darittA) Weld CountyClerk to th BY Deputy APP:ev DA ounty Attorney Date of signature: (o Steve oreno, Ch-..ir Mike Freeman Lor cc : PW(TS/ER/c"D, RcT(gc/cD) O7/22/21 2021-1595 EG0079 COntrac+ TO #t1€9 MEMORANDUM TO: Esther Gesick, CTB DATE: June 7, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement for Deborah Campbell ROW and TCE for CR 80 & CR 37 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the purchase of ROW and temporary construction easement located on the southwest corner of the CR 80 and CR 37 intersection. The agreement and offer were reviewed by the BOCC in a pass around that was returned on May 24, 2021. All five commissioners approved the recommendation to offer Deborah Campbell an amount not to exceed $55,000.00. I will attend the BOCC meeting to answer any questions the BOCC may have. Page 1 of I M:\ —Active Projects\WCR 80 & WCR 37lntersection\Design\ROW Acquistion Services \Campbell\Purchase and Sales Agreement\Campbell PSA Memo to CTB .docx 2021-1595 E00079 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 80 and CR 37 ROW Acquisition Offer for Campbell Property DEPARTMENT: Public Works DATE: May 19, 2020 PERSON REQUESTING: Clay Kimmi, Elizabeth Relford Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 80 and CR 37 project which is slated to begin construction in November of 2021. During the design phase of the project, it was determined that the County would need to acquire ROW for the parcel. The impacts to Ms. Campbell's property which is located on the SW corner of the intersection were estimated to be more than $5,000 so the contracted ROW agent for the project acquired an appraisal on the County's behalf and the landowner was given the option to obtain a separate appraisal. The County's appraisal done by West Foster was completed on May 13, 2021. The landowner's appraisal done by Alan Axton was completed on May 14, 2021. The table below summarizes the values included in the appraisals. Item Sq Ft Required Foster Value ($/Sq Ft) Total Foster Value Axton Value ($/Sq Ft) Total Axton Value ROW Land 12850.2 $ 1.48 $ 19,018.00 $1.01 $ 12,980.00 TCE Land 3876.84 $ 0.30 $ 1,148.00 $0.20 $ 785.00 Total Land Value $ 20,166.00 $ 13,765.00 30% Signing Incentive $ 6,049.80 $ 4,129.50 Total Land Value Plus Incentive $ 26,215.80 $ 17,894.50 Damages Remove and Replace Fence $ 13,263.00 $ 12,000.00 Total Damage Value $ 13,263.00 $ 12,000.00 Total Land + Damages $ 39,478.80 $ 29,894.50 After reviewing the appraisals, the County's contracted ROW agent and internal ROW agent have indicated $16,000 of Axton appraisal does not meet the standard for an appraisal because it is based on speculation of future land development opportunities. Speculation of future land development opportunities are not to be considered during the appraisal process. Therefore, the table above reflects the removal of $16,000 from the Axton appraised value. Public Works is also concerned that the values used by the appraisers for the fence replacement are too low. Based on actual costs from a recent County project for a similar type fence, Public Works believes the cost to replace the fence will be closer to $22,400 (694 LF x $32.25/LF). Substituting the revised fencing costs into the appraisals, the Foster appraisal would become $61,879 and the Axton appraisal would become $52,295. Prior to the County's review of the appraisals, the landowner had indicated they would be willing to sign the purchase agreement for the ROW for $55,000. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The BOCC can opt to offer the landowner an initial offer based on: 1. The County's modified value which includes the County's Land Value, 30% incentive, and the modified fence cost - $61,879 2. The Landowner's modified value which includes the Landowner's land value, 30% incentive and the modified fence cost - $52,295 3. The Landowner's verbal statement in which she said she would settle for $55,000. Recommendation: Public Works recommends Option 3 which is offering the landowner $55,000. Public Works would also like to request that the BOCC authorize Public Works with the ability to counter up to $61,879 (the value of our modified appraisal). This option can be justified because actual project costs have shown that the fencing estimate used by the appraisers is not reflective of the current environment for fencing materials. Aaorove Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DEBORAH CAMPBELL AND WELD COUNTY, COLORADO THIS AGREEMENT is made this emay of O -one., 2021, by and between DEBORAH CAMPBELL, whose address is 38855 CR 37, Eaton, CO 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 attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property". and WHEREAS, County finds it necessary to acquire the Property for the benefit of County in order to construct the WCR 80 and WCR 37 Intersection Improvements, (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 Fifty five thousand dollars and no cents, ($55,000.00). 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 Twenty our thousand seven hundred thirty six dollars and forty cents, ($24,736.40). b. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easements described on Exhibit B for the sum of one thousand four hundred ninety two dollars and forty cents, ($1 492.40). Owner agrees at dosing to sell and County agrees to purchase at and replace existing improvements. (hereinafter referred to as the "Damages"). described as a steel fence for the sum of twenty one thousand seven hundred seventy one dollars and twenty cents, ($21,771.20). --/59' Page 2 of 8 AGREEMENT FOR FIIF PI'RCIIASEOFCERFAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DEBORAH CAMPBELL AND WELD COL!N FY. COLOR ADO d. Owner agrees at closing that County will pay a Cost to Cure in the sum of seven thousand dollars and no cents, ($7O00.00). 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Ill. 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. 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 o� U I It zt III.. r°, U. 1,3 2E --- Mir -2 a` dNp• N - CON a la Nom`= !;r1t8IN 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, the Permanent Easement 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 and the Permanent Easement. 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, Permanent Easement 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. Puge3ofK AGREEMENT FOR I HL P1 R('Ii*ASi OF (FR F \IN PROPERTY FOR PI. 'MAC ROAD IMPROVEMENTS BETWEEN DEBORAII CAMPBELL AND WILD COIN I Y. COLORADO 3. County shall at closing pay all tees associated with recording this Agreement, the Temporary Construction Easement, and/or the Deed of Dedication. VI. MISCELLANEOUS: I. 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. 1 This Agreement shall not he 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. 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 Pap:: 4 of 8 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPER Tl' FOR PUBLIC ROAD IMPROVEMENTS BETWEEN DEBORAH CAMPBELL AND WELD COUNTY. COLORADO 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: Signature: DEBORAH L. CAMPBELL ATTEST: ,.l,(zuA.1 v• Jeliaiti BOARD OF COUNTY COMMISSIONERS Weld un y Clerk to the Boa • WELDSOUNTY, COLORADO BY: Deputy Cler Steve Moreno, Chair JUN 2 12021 a2O.2a"'/ �� EXHIBIT A RIGHT OF WAY ACQUISITION A Parcel of land lying in the northeast one -quarter (NE1/4) of Section 24, Township 7 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Lot A, as shown on Recorded Exemption No. 0707-24-01 RECX17-0133, recorded November 30, 2017, under Reception Number 4356607, Weld County Records described as follows: Commencing at the northeast corner of said Section 24; thence S89°24'39"W, 187.77 feet, along the north line of said northeast one -quarter (NE1/4); thence S12°32'38"E, 30.67 feet, to the west line of said Lot A, said point also lying on the south line of that 60 foot wide Right of Way agreement, as described under Reception Number 18521, recorded October 28, 1885, Weld County Records, the Point of Beginning. thence N89°24'39"E, 151.38 feet, along said south line, to the west line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records; thence S00°31'23"E, 605.90 feet, along said west line; thence N06°23'58"W, 195.35 feet; thence N00°31'23"W, 321.55 feet; thence N15°27'32"W, 77.60 feet; thence S89°24'39"W, 108.19 feet, to the west line of said Lot A; thence N12°32'38"W, 15.33 feet, along said west line, to said north line, the Point of Beginning. Also known by street and number as: Vacant Land, Ault, CO Containing 12,871 square feet (0.295 AC) more or less. Basis of Bearings for above description: All Bearings KEVIN J. MARTIN P.L.S 38580 herein are based on the North line of the Northeast Quarter Prepared for and on behalf of Short Elliot & Hendrickson p of Section 24, Township 7 North, Range 66 West, 6th Principal 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 Meridian, bearing South 89°24'39" West, with the North 1/4 Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 12374, 1996, and the Northeast Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. RIGHT OF WAY ACQUISITION 005 -PR DEBORAH CAMPBELL WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 100' DATE:05/14/2021 DRAWN BY: KJM SHEET 1 of2 - CITY OF THORNTON PARC. # 070713000057 k RECP. # 02065858 WD 8-20-1986 LOT B OF 2nd AMENDED RECORDED EXEMPTION - 0707-13-4-RE926 \II RECP. # 2390241 0 0 N - we MC N o co CD la NN >_ QED eti Cr o RAW RIA' S89°24'39" W BASIS OF BEARINGS N. LINE, NE1/4, SEC 24 NE1/4 SEC. 24 T7N, R66W CITY OF THORNTON PARC. # 070724000021 RECP. # 2096041 CD 4-16-1987 UNPLATTED RIGHT OF WAY ACQUISITION DEBORAH CAMPBELL WELD COUNTY, COLORADO EXHIBIT A COUNTY ROAD 80 DEBORAH L. CAMPBEL PARC. # 070724100001 R CP. # 4636244 D 10-01-2020 LOT A - 0707-24-01 RECX17-0133 \RECP.j. 4356607 005 -PR PROPOSED RIGHT OF WAY AREA: 12,871 S.F. (0.295 AC) M/L 005 -PR SW1/4 SEC. 18 T7N, R65W 60' ROW BK. 4. PG. 114 10/2.1885 DARRELL FRANK WAAG PARC. # 070918000005 RECP. # 4184173 WDN 2-29-2016 PARCEL 1 UNPLATTED NW1/4 SEC. 19 T7N, R65W DARRELL WAAG PARC. # 070919000007 RECP. # 4184173 WDN 2-29-2016 PARCEL 4 UNPLATTED CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, EXCAVATE FOR THE MARKINGS OF UNDERGROUND MEMBER UTILITIES WELD COL NTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: V = 100' DATE:05/14/2021 DRAWN BY: KJM SHEET 2 of 2 EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT ACQUISITION A Parcel of land lying in the northeast one -quarter (NE1/4) of Section 24, Township 7 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Lot A, as shown on Recorded Exemption No. 0707-24-01 RECX17-0133, recorded November 30, 2017, under Reception Number 4356607, Weld County Records described as follows: Commencing at the northeast corner of said Section 24; thence S89°24'39"W, 187.77 feet, along the north line of said northeast one -quarter (NE1/4); thence S12°32'38"E, 46.00 feet, to the west line of said Lot A, the Point of Beginning. thence N89°24'39"E, 108.19 feet; thence S15°27'32"E, 77.60 feet; thence S00°31'23"E, 321.55 feet; thence S06°23'58"E, 195.35 feet, to the west line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records; thence S00°31'23"E, 19.69 feet, along said west line; thence S89°28'37"W, 3.00 feet; thence N06°23'58"W, 214.88 feet; thence N00°31'23"W, 321.15 feet; thence N15°27'32"W, 69.99 feet; thence S89°24'39"W, 103.44 feet, to the west line of said Lot A; thence N12°32'38"W, 8.18 feet, along said west line, to the Point of Beginning. Also known by street and number as: Vacant Land, Ault, CO Containing 3,877 square feet (0.089 AC) more or less. Basis of Bearings for above description: All Bearings herein are based on the North line of the Northeast Quarter of Section 24, Township 7 North, Range 66 West,6th Principal Meridian, bearing South 89°24'39" West, with the North 1/4 Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 12374, 1996, and the Northeast Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 005-TCE DEBORAH CAMPBELL WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 100' DATE:1/27/2021 DRAWN BY: KJM SHEET 1 of 2 CITY OF THORNTON PARC. # 070713000057 RECP. # 02065858 WD 8-20-1986 LOT B OF 2nd AMENDED RECORDED EXEMPTION - 0707-13-4-RE926 RECP. # 2390241 NE1/4 SEC. 24 T7N. R66W CITY OF THORNTON PARC. # 070724000021 RECP. # 2096041 CD 4-16-1987 UNPLATTED o =. U -'1 C� O V Ede 73 W -3 (DS OWL orb U ���i � a e — — ricrtf CL N• •1� • Y t Ai 1 w `f t4C DEBORAH ( CAMPBELL PARC: 4 070724100001 RECP. #4636244 4 WD 10-01-2020 r LOT A - 0707-24-01 RECX17-0133 RECP. # 4356607 CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, EXCAVATE FOR THE MARKINGS OF UNDERGROUND MEMBER UTILITIES Tamp Ia+e, DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of 2021, between Deborah Campbell (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: Deborah Campbell 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 2 o O In.r 09 0 Immo o0 IL O IOC C 40�L wW- NWe n� N _ 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: , 2021. 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). EXHIBIT A RIGHT OF WAY ACQUISITION A Parcel of land lying in the northeast one -quarter (NE1/4) of Section 24, Township 7 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Lot A, as shown on Recorded Exemption No. 0707-24-01 RECX17-0133, recorded November 30, 2017, under Reception Number 4356607, Weld County Records described as follows: Commencing at the northeast corner of said Section 24; thence S89°24'39"W, 187.77 feet, along the north line of said northeast one -quarter (NE1/4); thence S12°32'38"E, 30.67 feet, to the west line of said Lot A, said point also lying on the south line of that 60 foot wide Right of Way agreement, as described under Reception Number 18521, recorded October 28, 1885, Weld County Records, the Point of Beginning. thence N89°24'39"E, 151.38 feet, along said south line, to the west line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records; thence S00°31'23"E, 605.90 feet, along said west line; thence N06°23'58"W, 195.35 feet; thence N00°31'23"W, 321.55 feet; thence N15°27'32"W, 77.60 feet; thence S89°24'39"W, 108.19 feet, to the west line of said Lot A; thence N12°32'38"W, 15.33 feet, along said west line, to said north line, the Point of Beginning. Also known by street and number as: Vacant Land, Ault, CO Containing 12,871 square feet (0.295 AC) more or less. Basis of Bearings for above description: All Bearings herein are based on the North line of the Northeast Quarter of Section 24, Township 7 North, Range 66 West, 6th Principal Meridian, bearing South 89°24'39" West, with the North 1/4 Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 12374, 1996, and the Northeast Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 RIGHT OF WAY ACQUISITION 005 -PR DEBORAH CAMPBELL WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 100' DATE:05/14/2021 DRAWN BY: KJM SHEET 1 of 2 CITY OF THORNTON PARC. # 070713000057 RECP. # 02065858 WD 8-20-1986 LOT B OF 2nd AMENDED RECORDED EXEMPTION - 0707-13-4-RE926 RECP. # 2390241 DE ORAH L. CAMPBEL PARC. # 070724100001 1RCP. # 4636244 -or D 10-01-2020 LOT A - 0707-24-01 RECX17-0133 \RECP.# 4356607 NE1/4 SEC. 24 T7N, R66W CITY OF THORNTON PARC. # 070724000021 RECP. # 2096041 CD 4-16-1987 UNPLATTED NW1/4 SEC. 19 T7N, R65W DARRELL WAAG PARC. # 070919000007 RECP. # 4184173 WDN 2-29-2016 PARCEL 4 UNPLATTED CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, EXCAVATE FOR THE MARKINGS OF UNDERGROUND MEMBER UTILITIES New Contract Request Entity Information Entity Name* Entity ID* CAMPBELL, DEBORAH *00043985 Contract Name* Contract ID PURCHASE AND SALES AGREEMENT FOR ROW AND 4822 TEMPORARY CONSTRUCTION EASEMENT Contract Lead* Contract Status CKIMMI CTB REVIEW ❑ New Entity? Parent Contract ID Requires Board Approval Contract Lead Email CKimmi@co weld co us YES Department Project # GR-60 Contract Desorption* PURCHASE AND SALES AGREEMENT FOR ROW AND TEMPORARY CONSTRUCTION EASEMENT ON PROPERTY LOCATED AT 38855 CR 87 THIS PROPERTY IS NEEDED AS PART OF THE CR 80 AND CR 37 INTERSECTION PROJECT ' Contract Desorption 2 Contract Type* AGREEMENT Amount* $55,000 00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- Will a work session with BOCC be required?* PublicWorks@weldgov corn HAD Requested BOCC Agenda Date* 06/21/2021 Due Date 06/17/2021 Department Head Email CM-PubhcWorks- DeptHead@weldgov corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO WELD CO US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Does Contract require Purchasing Dept. to be included? NO Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date * 06/07/2021 Renewal Date Termination Notice Period Contactnformatt ; Ion-",, y. Committed Delivery Date Contact Name Contact Type Contact Email `-Purchasing Purchasing Approver e �+ Approval ' ProcessF,� Department Head JAY MCDONALD DH Approved Date 06/14/2021 Final Approval; BOCC Approved BOCC Signed Date BOCC Agenda Date 06/21/2021 Originator CKIMMI Purchasing Approved Date Legal Counsel BOB CHOATE Finance Approver BARB CONNOLLY Finance Approved Date 06/15/2021 Tyler Ref # AG 062121 Expiration Date* 12/31/2022 y nY Contact Phone I Contact Phone 2 Legal Counsel Approved Date 06/15/2021 .v "eke it Y.�... ;Ak61;?_ MEMORANDUM TO: Esther Gesick, CTB DATE: July 23, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed Dedication for the CR 80 and CR 37 Intersection Improvement Project Please place the attached Acceptance of a Deed of Dedication for the Deborah Campbell ROW parcel on the consent agenda. The original docket number was 2021-1595. 7-028-d021 g -o5-21 o?oal - /515 Page 1 of 1 M:\ —Active Projects\WCR 80 & WCR 37 Intersection \Design\ROW Acquistion Services\ Campbell\Deborah Campbell Deed Acceptance Memo to CTB.docx DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY �9 t •' THIS DEED, made this Ps; day of , 2021. between Deborah Campbell (referred to herein as "Grantor", whether one or more nd t County of Weld, a body corporate and politic of the State of Colorado, by and through its Boa 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 )(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:l'X'11C t //(.. f Deborah Campbell STATE OF COLORADO } ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 73642 day of .31uL.y . 2021, by D g.I,? (Am feu Witness my hand and official seal. ACCEPTANCE JOHN L. DOTY Notary Public State of Colorado Notary ID # 20064006865 My Commission Expires 02-17-2022 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(I)(a). 1- day of . 2021. Dated this ATTEST: Weld By: Clerk to the oard Deputy CI -k to le B *No Deed of Dedication is valid t 43-2-20111 i(ca. BOARD OF COUNTY COMMISSIONERS WEE..D COUNTY. COLORADO hair, Board of County Commissioners J 1 of County Commissioners pursucmt to C. R. S. atoov-/59*' Page 2 of 3 EXHIBIT A RIGHT OF WAY ACQUISITION A Parcel Bland Mng In the northeast ore -quarter (NE1/4) of Section 24, Township 7 North, Range 66 West of the 6th Principal M erillen, County of Weld, State of Colorado, being a portion of Lot A, as shown or Recorded Exemption No. 0707.24-01 RECX'7-0133, recorded November 30, 2017 under Reception Number 4356607, Weld County Records described as *lows: Commencing at the northeast corner of said Section 24' thence 589"24'39-W, 187.77 foot, along the north Ono of said northeast one -quarter (NE1)4): thence 512'32'38"E, 30.87 feet, to the west line of said Lot A, said point also lying on the south One of that 60 foot wide Right of Way agreement, as described under Recepdon Number 18521, recorded October 28, 1885. Weld County Records, the Poled of Beginning. thence N89'24'39"E, 151.38 feet, along said south line, to the west line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records; thence 500'31'23-E, 805.90 feet, along said west One? thence N08.23'58"W, 195.35 feet: thence N00'31'23"W, 321.55 feet; thence N15.27'32"W, 77.80 feet thence 689'24'39'W, 108.19 feet, to the west One of said Lot A; thence N12'32'38"W,15.33 feet, along said west Ina, to said north One, the Point of Beginning. Also known by street and number as: Vacant Land, Ault, CO Contal'l-g 12.871 square feet (0.295 AC) more or less, Basis of Bearings for above description: Al Bearings :GE'.' i J_ MbR'lN P,..s 38cac- herein are based on the North Ile of the Northeast Quarter Preparso or aM rn bsI or r.eh 7 North Range 66 West, 6th Principal Shwa EOM & len r of Section 24, Tow 9 �P 26c*,s. Cdprayo bird- Saline attic t7arnar , lSt1772 Meridian, bearing South 89.24'39' West, wkh the North 114 Corner of said Secdor 13 being monurnerted by a 2-117 aluninum cap in a box. stamped LS '2374, 1996, and the Northeast Corner of sail Section 13 being monumented by a 2-1/2' alurninum cap in a box. stamped LS 30462, 2001. W011 li'' way A.^outar{3N DEBORAH .MPSE_ WELL COLryrf, COLORADO 4741977 Pages: 2 of 3 08/03/2021 10:12 AM R Fee:$0.00 Carly Keeps!, Clerk and Recorder, Weld County , CO VIII 1 �.�1 4II.1�4iP�'hlM�t'lI��I' I«��S L 1rIbi��M: IYN�h 11 III HELD couNlr" DEEARRT\'ENT OF PU&_Ir WORKS xr PR�.ECT �ai1F::T MCC: 1.7Ai 7; 1' ■ '.l; mar IN n•t'_r., I srtk ' ,e: 4 t • I CITY OF THo Paco unrri7 WIPACMWMW WD6Q001161 Leer 6oF2S Mantel REVMMEDDOWMEMIVUICWARE620 MWP1 $ ZJWI*'t NE114 SEC, 24 TM, MOW crnr OF TIC RNTCM P A C. a QNIMI1 KIN i MRS 2 1 11 . okY I.Itb 1 4741977 Pages: 3 of 3 08/03/2021 10:12 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EXHIBIT A COUNTY MAO SO III )Pj 1Pi?'ivI I II SWIM SEC- 12 1774, ROM er *tow St 4, PG. 1 t4 CARRELL FRANK WAAG P 7tC. R t t. 1 ECP_ * X18417 P4w1 J4 C. 10 CHUM 'MUG 4 icitwo wwd0WW7 .r4Srl 3 monogram 4•►+IrMGlit 4 UNPLATTED %NELD u^ f i "" Dr' A,R,T PENT ^t aJth IC %%1DRKS .'s yS 747 i1 p -Irxar F3'T :httt Zit 2 Page 3 of 3 Hello