HomeMy WebLinkAbout20192823.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-
WAY BY SPECIAL WARRANTY DEED AND TEMPORARY CONSTRUCTION
EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD BRIDGE 44/33A PROJECT
AND AUTHORIZE CHAIR PRO-TEM TO SIGN NECESSARY DOCUMENTS -
DINNER/PECKHAM JUNCTION FARM, 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 Public Road Right -of -Way by Special Warranty Deed and Temporary Construction Easement
for Improvements to the County Road Bridge 44/33A 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 Dinner/Peckham Junction Farm, LLC, 17086 County
Road 44, LaSalle, Colorado 80645, with 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 Concerning the Purchase of Public Road Right -of -Way by
Special Warranty Deed and Temporary Construction Easement for Improvements to the County
Road Bridge 44/33A 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 Dinner/Peckham Junction Farm, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern be, and hereby is,
authorized to sign any necessary documents.
GG Pt-,-)CceiC{-1f£R),
ACT( -ict)
08y( (9
2019-2823
EG0076
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY
SPECIAL WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR
IMPROVEMENTS TO COUNTY ROAD BRIDGE 44/33A PROJECT — DINNER/PECKHAM
JUNCTION FARM, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: V_e_rAvs EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
AP"ov• DA
ou r"" torney
Date of signature: 0
Mike Freeman, Pro-Tem
Sean P. onway
Sc•tt K. James
Steve Moreno
2019-2823
EG0076
attkukit I 14-0-a9
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: ROW Agreement for Dinner/Peckham Junction Farm Property — Bridge
44/33A Replacement Project
DEPARTMENT: PW DATE: 6/27/19
PERSON REQUESTING: Cameron Parrott
Brief description of the problem/issue:
This agreement is for ROW needed to accommodate the replacement of bridge 44/33A. Weld County will acquire 0.092
acres of ROW and 0,156 acres of temporary construction easement from the landowner on the northwest corner of the
canal crossing.
This acquisition is on an agricultural, property. The compensation for the ROW and the temporary construction easement
will be $1,100.00
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve ROW Acquisition Agreement
o $1,100 total cost
• Deny the ROW Acquisition Agreement
Recommendation:
Staff recommends approving this acquisition agreement and allowing it to be placed on the next available BOCC agenda
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Schedule
Recommendation Work Session
Other/Comments:
2019-2823
C610076,
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY
SPECIAL WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO BRIDGE ON WCR 44/33A BETWEEN
DINNER/PECKHAM JUNCTION FARM, LLC, A COLORADO LIMITED LIABILITY'
COMPANY AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of 2019, by and
DINNER/PECKHAM JUNCTION FARM, LLC, C ( LORADO LIMITED LIABILITY
COMPANY. whose address is 17086 County Road 44, La Salle. CO 80645, hereinafter
collectively referred to as "Owner." and the COUNTY OF WELD, 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"
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as "Public Road Right -of -Way"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B"
(hereinafter referred to as ("Temporary Construction Easement"). and
WHEREAS. County finds it necessary to rebuild and improve the bridge at Weld County
Road 44/33A (hereinafter "Bridge") which will involve the replacement and reconstruction of said
Bridge, (hereinafter referred to as "Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of Public Road Right -of -Way for the benefit of
County in order to complete a portion of said Project, and
WHEREAS. County requires a Temporary Construction Easement(s) in order to construct the
Project, and
WHEREAS, Owner wishes to cooperate with County in said Project.
NOW. THEREFORE. the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way as
shown and/or described on Exhibit A copies of which are attached hereto and made a
part hereof by this reference, for the sum of Nine Hundred Thirty Five Dollars,
($935.00). The parties acknowledge and agree that said purchase price represents full,
fair and valuable consideration.
2. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements as shown and/or described on Exhibit "B" copies of which
WCR 44 BRIDGE ..HAM .1C\( EIO\ FARM.OFFER Agreement for Purchase - Special
ow/9- 028023
are attached hereto and made a part hereof by this reference, for the sum of One
Hundred Sixty Five Dollars, ($165.00). The parties acknowledge and agree that
said purchase price represents full, fair and valuable consideration.
3. Owner warrants that they are the Owner of the Public Road Right -of -Way and the
Temporary Construction Easement and will defend title thereto against all claims.
4. Owner agrees to grant the Public Road Right -of -Way by Special Warranty Deed, in
the form attached hereto as Exhibit "A", free and clear of all liens and
encumbrances, except existing easements.
5. Owner agrees to grant a Temporary Construction Easement to the County, free and
clear of all liens, encumbrances or other possessory claims, except existing
easements.
6. Owner shall not, during the term of the Temporary Construction Easement, erect or
construct, or allow to be erected or constructed. any building or other structures on
the property described in Exhibit "B" which may interfere with County's full
enjoyment of the rights hereunder; the Temporary Construction Easement includes all
rights and privileges as are necessary or incidental to County's reasonable and proper
use of said casement.
7. The Temporary Construction Easement shall commence upon County's contractor
entering the property and shall terminate one (1) year from date of entry or upon the
completion of the Project, whichever is earlier.
8. Owner shall retain the mineral estate under the Public Road Right -of -Way and the
Temporary Construction Easement. and shall also retain any water rights currently
attached to or associated with the Public Road Right -of -Way and Temporary
Construction Easement.
9. Owner shall deliver the fully executed Special Warranty Deed for the Public Road
Right -of -Way at the date of closing which shall he no later than thirty (30) days
following the County's execution of this Agreement.
10. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and
the Temporary Construction Easement which is required to be paid. including, but
not limited to, a prorated amount of the property taxes, and any past due property
taxes. (and interest and penalties thereon), on or before the date of closing when
Owner delivers the Special Warranty Deed to the county. Owner is solely responsible
for the payment of any amounts owed to a third party holding a security or other
ownership interest in the Public Road Right -of -Way and Temporary Construction
Easement.
Q: iSEH C149- - AVCR 44 BRIDGE DINER-PECKH.A\I It:\CTIC N FARM OFFER Agreement for Purchase - Special
Warranty Deed.doe
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County desires
to obtain title insurance for the Public Road Right -of -Way and Temporary
Construction Easement.
County shall pay all fees associated with recording this Agreement and/or Special
Warranty Deed
3. County shall pay Owner for the Public Road Right -of -Was' and the Temporary
Construction Easement. by County warrant(s) at the date of closing.
MISCELLANEOUS:
1. Following the closing. it is expressly agreed by the parties hereto that County, its
contractors, agents, employees and all others deemed necessary by County, shall have
the irrevocable right to possess and use said Public Road Right -of -Way and the
Temporary Construction Easement for the purposes of constructing the Project. and
for its daily operation, access and maintenance. These conveyances shall he deemed
to include sufficient land for the construction, operation. access, repair and
maintenance of said project, including the rights of entry upon, passage over, and
deposit of excavated earth, and storage of material and machinery upon such Public
Road Right -of -Way and the Temporary Construction Easement as may be useful and
necessary
This Agreement and the transfers of the Public Road Right -of -Way and the
Temporary Construction Easement 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.
M &
3. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee. M- *<Np
oNu.
- mug BA
4. No term or condition of this contract shall be construed or interpreted as a waiver, t°
express or implied, of any of the immunities, rights, benefits, protections or other WAN
r�mw�
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended. X2 X13
Qb
Sw
5. The parties hereby agree that neither has made or authorized any agreement with Sgio
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the terms x��N
herein contained shall be binding on either party, or its agents or employees.
6. It is expressly understood and agreed that the enforcement of the terms and
o
Q"S[H'C'14944 - WC'R 44 BRIDGE DINNER-PECKHAM II:NCI ION FARM' OFFER' Agreement fur Purchase - Special
Warranty Deed_doc
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.
7. This Agreement embodies all agreements between the parties hereto and there are no
promises. terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
8. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Carly Koppea, Clerk and Recorder, Weld County, CO
•I1 I rdraI tiffircrowhieC gemmEmrWyit 11111
Q: - A\ (R 44 BRIDGE DV' NER-PE('kH;A\1 JLA(''HON FARM OFFER Agreement for Purchase - Special
Warranty Deed.duc
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
OWNER: DINNER/PECKHAM JUNCTION FARM, LLC, A COLORADO LIMITED
LIABILITY COMPANY
By: -u=�
Its:
Date:
ATTEST: ...".egerityld�•
Weld _o}inty Clerk to the
Br
Deputy C j rk tc t
e Bc
BOARD OF COUNTY COMMISSIONERS
oard WELD COUNTY, COLORADO
Mike Freeman, Chair Pro —Tern
JUL
Q: SEH Cl49#4 - wCR 44 BRIDGEDINNER-PECKHAM it NCTION FARM OFFER' Agreement for Purchase- Special
Warranty Deed.doc
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Carly Koppea, Clark and Recorder, Weld County, CO
viii kirjR k1 MORIt5fh�ri�r��
2o/9- atYQZ 3
EXHIBIT A
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-4 (EXHIBIT "A")
STA. 13+13.0 Lt. to STA. 14+28.1 Lt.
FROM
Dinner Peckham junction Farm LLC
17086 County Road 44
La Salle, CO 80645
FOR
Project Code: 20826
Project Number: BRO C030-070
Weld County Bridge 44/33A Replacement Project
Project Location: WCR 44 just west of WCR 35
6 of 12
08 02 34 Pages�
2019 02:54 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
11 111
Sheet I of 3
Sheet 2 of 3
EXHIBIT "A"
PARCEL NUMBER: RW-4
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 08, 2018
DESCRIPTION
A tract or parcel of land No. RW-4 of the County of Weld, State of Colorado, Project Code
20826, Project No. BRO C030-070, containing 0.092 acres, more or less, in the southeast one -
quarter (SE1/4) of Section 14, Township 4 North, Range 66 West, of the 6th Principal
Meridian, County Weld County, State of Colorado, also being a part of Reception Number
3895488, Weld County Records, described as follows:
COMMENCING at the southeast (SE) corner of said Section 14;
Thence North 88°50'58" West a distance of 928.20 feet, to a point on the north Right -of -Way
line of WCR 44, also being the TRUE POINT OF BEGINNING;
1. Thence North 00°42'05" West a distance of 35.00 feet;
2. Thence parallel with said north Right -of -Way line, North 89°17'55" East a distance
of 115.00 feet;
3. Thence South 00°42'05" East a distance of 35.00 feet to a point on said north
Right -of -Way line;
4. Thence along said north Right -of -Way line, South 89'17'55" West a distance of
115.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 4,025 sq. ft. or 0.092 acres, more or less.
Basis of Bearings: All bearings are based on the south line of the southeast one -quarter
(SE1/4) of said Section 14 as bearing South 89°17'55" West a distance of 2655.31 feet from
the said southeast corner, an alloy cap PLS 7242, to the south quarter corner, an alloy cap
PLS 38213.
38377 :o_
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Rinsi1111111110
For and on the Behalf of Weld County
Scott J. Klinker, PLS 38377
12640 West Cedar Drive, Suite F
Lakewood, CO 80228
4511434 of 12
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2019 02:54PM R Fee:$0.00
Carly Koppee, Clerk and Recorder, Weld County, CO
iii I ��R1�I�II I�G WALT 1111
SHEET 3 OF 3
EXHIBIT A
PARCEL NUMBER RW-4
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 8, 2018
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4511434 Pages: 8 of 12
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII M1�14tti �l��Ii.�IL��i�lllr�ls �I II
EXHIBIT B
WELD COUNTY
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
Parcel Number: ICE .4 (EXHIBIT "A")
STA. 11+94.8 Lt. to STA. 14+081 Lt.
FROM
Dinner Peckham Junction Farm LLC
17086 County Road 44
La Salle, CO 80645
FOR
Project Code: 20826
Project Number: BRO C030-070
Weld County Bridge 44/33A Replacement Project
Project Location: WCR 44 just west of WCR 35
4511434 Pages: 9 of 12
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Carly Koppel', Clerk and Recorder, Weld County, CO
Sheet 1 of 3
1111 ir1RgAiliirelihilt: le I OllU IIIP1111'. kAli h 1I 111
Sheet 2 of 3
PARCEL NUMBER: TCE-4
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 08, 2018
DESCRIPTION
A tract or parcel of land No. TCE-4 of the County of Weld, State of Colorado, Protect Code
20826, Project No. BRO CO30-070, containing 0.156 acres, more or less, in the southeast one -
quarter (SE1/4) of Section 14, Township 4 North, Range 66 West, of the 6th Principal
Meridian, County Weld County, State of Colorado, also being a part of Reception Number
3895488, Weld County Records, described as follows:
COMMENCING at the southeast (SE) corner of said Section 14;
Thence North 88'50'58" West a distance of 928.20 feet, to a point on the north Right -of -Way
line of WCR 44, also being the TRUE POINT OF BEGINNING;
1. Thence along said north Right -of -Way line, South 89`17'55" West a distance of
118.00 feet;
2. Thence North 00°49'54" West a distance of 47.50 feet;
3. Thence parallel with said north Right -of -Way line, North 89°17'55" East a distance
of 213.05 feet;
4. Thence South 00°59'17" East a distance of 12.50 feet;
5. Thence parallel with said north Right -of -Way line, South 89°17'55" West a
distance of 95.00 feet;
6. Thence South 00'42'05" East a distance of 35.00 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 6,795 sq. ft. or 0.156 acres, more or less.
Basis of Bearings: All bearings are based on the south line of the southeast one -quarter
(SE1/4) of said Section 14 as bearing South 89°17'55" West a distance of 2655.31 feet from
the said southeast corner, an alloy cap PLS 7242, to the south quarter corner, an alloy cap
PLS 38213.
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38377
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For and on the Behalf of Weld County
Scott). Klinker, PLS 38377
12640 West Cedar Drive, Suite F
Lakewood, CO 80228
4511434 Pages: 10 of 12
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Carly Koppes, Clerk and Recorder, Weld County, CO
33A Bridge Replacementl9-survey192-CAD110-Cad\WCR 44_33A ROW Plans.dwg8/6/2018 3:21:39 PM8/6/2018
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Colorado Department of Transportation
10601 W. 10th Street
Greeley, CO 80634
Phone: 970-350-2161
Region 4 Right of Way
PTS
Sheet Revisions
Description
Initials
Weld County
Public Works Deportment
P.O. Box 758
Greeley, CO 80632-0758
Phone: (970) 356-4000
Fox- (970) 304-6497
SEH
Short Elliott Hendrickson, Inc.
Address: 12840 West Cedar Drive,
Suite F
Lakewood, Colorado 80228-2029
Phone: (303)586-5800
sehinc.com
DINNER PECKHAM JUNCTION FARM LLC
REC. NO. 3895488
PARCEL 10571400059
CLAUSEN,
BRET & CHERYL
REC. NO. 2322593
PARCEL
1057231000059
LOT D
REC.x 15-0172
CTCE-44
SE1/4
SEC. 14
T4N, R66W
411./
WELD COUNTY ROAD 44
CARLSON, VIOLET
JUNE & CLARENCE A.
REC. NO. 1814799
PARCEL 105723100006
CARLSON, VIOLET
JUNE & CLARENCE A.
REC. NO. 1814799
PARCEL 105723100004
NE1/4
SEC. 23
T4N, R66W
LOT A
RE 850
1
Right of Way Plans
Ownership Sheet
u;ect Number: BRO C030- 070
Project Location: WELD COUNTY ROAD 44
Project Code Lost Mod Dote
19744 08-01 -18
Subset
6 41 of 6 01 _
Sheet No
501
Totol Sheets,
LID
co
WELD COUNTY ROAD
if of 8
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Carly Koppes, Clerk and Recorder, Weld County, CO
Ill /jIL !a illiI 1I?IK! II
lily �I II
DINNER PECKHAM JUNCTION FARM LLC
REC. NO. 3895488
PARCEL 10571400059
L3
SE1/4
SEC. 14
T4N, R66W
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ROW 1
L1
P.O.B.
ICE -4
N8S°50'58nw 928.20'
SOUTH LINE, SE1 /4 SECTION 14
SEN
WCR 44 (60' ROW)
12840 Cedar Dnve
Suite F
Lakewood, Colorado 80228
Phone: 303-586-5800
FAX: 886-908-8166
www.sehinc corn
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100
scale
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(BASIS OF BEARINGS) S89°17'55"W
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L2 N00°49'54"W
L3 N89° 17'55"E
L4 S00°59'17"E
LS S89°17'55"W
L6 S00°42'05"E
118.00'
47.50'
213.05'
12.50'
95.00'
35.00'
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3.25" ALUM. CAP
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08 O2�34 Pages: 12
2019 02 : 84PM RFee $0.00
Account #
owner
actual value
assessed valuE
,
tax Est
tax increase
mill levy
percent of increase
value increase
land value
R8957355
Shawn
537232
43420
2310
52.896
1(
R0170101
Brian
493149
35260
2170
203
61.116
0.103
46123
126i
R0170201
Carol
147251
17850
947
165
52.896
0.402
42233
7(
R8612800
Gary
357027
25630
1365
239
52.896
0.2144
63027
L
R8613500
Dana
363263
27960
1488
104
52.896
0.0936
31102
9(
R0031095
Jose
108797
11920
650
227
54.31
1.2725
60921
10
R0145701
Fortenberry Clint
459233
33970
2138
253
62.53
0.1453
58267
51
R0146001
Dewey Fortenberry
72320
20970
1311
18
62.53
0.01416
1010
5)
R0889701
Lechman
829726
49110
3757
912
62.53
0.3244
203226
1)
R6787405
Holly
473574
33960
2138
298
62.53
0.1633
66465
4
R7947699
AJ
550613
45520
2655
197
58.005
0.1012
50585
89
listed on county site
2267 is 32x70.84375 are not the dimensions of the house
Majority of homes increased under 11% (3 homes)
dimensions
1st level
32x55
1760
average % 9.926
corrections
basement
28x55
1540
garage
20x28
560
value increase at 9.926%
value increase at 17.12R%
294000 x 9.9
I know price is set by comp, but the market goes up across the board
794000 x 17.
value increase at 19.34%
294000 x 19.
at a given rate not a range of 9% to 127% in value increase
because of the wide range of prices from the southern part of the county
compared to the northern part. What properties were used in determining
the value and how many properties were used. Is it like an appraisal 3-5 which
parcel numbers were used to add transparency to the new determined
value. This would allow the home owner to see that the new value is correct.
The fact they are based on 12 month old data it is hard for the home owner
to locate the sales from 1 year ago to see the reason for the new value
by adding the parcel numbers used to do the comparison value change
the owner can understand the reasoning for the change. And it would keep
everything out in the open. Right now it is like going to see the Wizard of Oz
and the answer comes from behind the screen. As a county of the people
for the people I know we can have a more transparent procedure.
New Contract Request
Entity Information
Entity Name* Entity ID*
DINNERJPECKHAM JUNCTION FARM @00041043
, LLC
Contract Name* Contract ID
AGREEMENT FOR THE PURCHASE OF ROW AND TEMP 2889
CONSTRUCTION EASEMENT FOR IMPROVMENTS TO
BRIDGE 44/33A
Contract Status
CTB REVIEW
Contract Lead*
CPARROTT
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
cparrott@co weld co us GR-33
Contract Description*
, AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY SPECIAL WARRANTY DEED AND TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO BRIDGE ON VvCR 44/33A BE➢ WEEN DINNER/PECKHAM
JUNCTION FARM, LLC AND WELD COUNTY, COLORADO
Contract Description 2
Contract Type*
AGREEMENT
Amount*
51,10000
Renewable'
NO
Automatic Renewal
NO
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgom corn
Department Head Email
CM-PublicWorks-
DeptHead@weldgov corn
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO WELD_CO US
If this is a renewal enter previous Contract ID
i
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
07/08/2019
Due Date
07/04/2019
Will a work session with BOCC be required?*
NO
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 ate not in
OnBase
Contract Dates ,
Effective Date
Review Date*
06/08 /2020
Termination Notice Period Committed Delivery Date
Renewal Date
Expiration Date*
07/0812020
Contact Information
Contact Info
Contact Name Contact Type
"7,
Purchasing,',
Purchasing Approver
Approval Process
^ d
Department Head
I JAY MCDONALD
OH Approved Date
0710812019
1inaFApproval °r
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/15/2019
Originator
CPARROTT
Finance Approver
BARB CONNOLLY
I � l
Contact Email
r- _
1.7
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
i
ci
1 t,
"^ A
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
07/09/2019 07/09/2019
Tyler Ref #
AG071519
MEMORANDUM
TO: Esther Gesick, CTB DATE: September 30, 2019
FROM: Cameron Parrott, P.E., Public Works
SUBJECT: Acceptance of Dinner/Peckham Junction Farm, LLC
Special Warranty Deed for Public Highway Right -of -Way for the
Bridge 44/33A Replacement Project
Please place the attached Special Warranty Deed and acceptance form on the next
available BOCC Consent Agenda.
The original contract ID # for the Dinner/Peckham Junction Farm, LLC agreement was
2889 and the docket number was 2019-2823.
6t: LPI.)0/9/iutLiSS)
ID O -!`
nSerr t 9 Qa I d1 D @ 3
lO1o.7 /tq aGoo1Co
SPECIAL WARRANTY DEED
Tills DEED I) is dated 44'.. %. �' , ,_,:.:1 rf , and is made between Llurncr I't,eklraiu Iuncti n hriD I I L±,
i i, crluradn istinied Ir;tlslInv Comp,n Ilre'•(ir,alter", whose address is 1814 1 id Ave - Ii reeky. (-I)'do "I Lounty
of Weld, State of Colorado, and C_nnrtly l_ Weld,_ii hodienrL,ra}r ,ot jttrlili4-.4L tlTi Slate ol(;1 Itrado, the "Grantee,"
whose legal address is 1150 "t r Street, Cireelc}, Colorado RiI6 1, of the County of Weld, State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of One l'housand One Hundred and nor100
DOLLARS, ($1,100.00). the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with
any improvements thereon, located in the County of Weld and State of Colorado. described as fellows;
Project Number: ARO O030-070
Project Cade; 20826
Sec attached Exhibit "A" dated August 8, 2018 for:
Parcel Number: RW-4
also known by street address as: 17086 County Road 44, La Salle, CO 80645
and assessor's schedule or parcel number: 105714000059
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises- with the
hereditaments and appurtenances;
TO HAVE AND TO -HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee and the Grantee's heirs and assigns forever The Grantor, for the Grantor and the Grantor's heirs and assigns,
does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described
premises, hat nor any adjoining scared street or alley, if any, in the quiet and peaceable possession of the Grantee and
the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by,
through or under the Grantor except and subject to: ❑ none; or ® the following matters.
Excepts all water rights and water laps;
Excepts from the subject property described herein in the attached Exhibits, the mineral estate and including all coal.
oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The
GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without
payment of further compensation to the GRANTOR, any and all sand, gravel, earth, rock, and other road building
materials found in or upon said subject property and belonging to the GRANTOR; and
The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as
described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will
ever be conducted on or from the surface of the premises described in the attached Exhibits, and that in the event any of
such operations may hereafter be carried on beneath the surface of said premises- the GRANTOR shall perform no act
which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall
inure to and be binding upon the GRANTOR and its heirs, personal and legal representatives. successors and assigns
forever
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Dinner/Peckham Junction Farm, LLC, a Colorado Limited Liability Company
By.:
Titte. „ . " - i
STATE OF COLORADO
County of Weld
) ss.
}
The foregoing instrument was acknowledged before me thisj) .)day of . Cr..-: 2019, by Glen Dinner as
of Dinner/Peckham Junction Farm, LLC, a Colorado I. ended Liability Company
Witness my hand and of tic
My commission expires: 7�77L
Notary Public
tor and an behalf r,t C ed i ihrve, Suite I' i akcwtrod_Ci I Kil; ; , Sci+IL J, Klinkcr, PI 1 1S177
Name and Address of Person Creating Newly Created Legal Description [v'S8.35-106.5, CR.S.)
No. Id- Rev. 10-09. SPECIAL WANRAN'I Y DEED (Pow 1 of 11
MITCtIILL GLENN HAUFF
Notary Public
State of Colorado
Notary ID 0 2.01 4401 6002
Ms'Commissian E,furet, 05-16-2022
EXHIBIT A
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-4 (EXHIBIT "A")
STA.13+13.0 Lt to STA,14+28.1 Lt.
FROM
Dinner Peckham Junction Farm LLC
17086 County Road 44
La Salle, CO 80645
FOR
Project Code: 20826
Project Number: BRO C030-070
Weld County Bridge 44/33A Replacement Project
Project Location: WCR 44 just west of WCR 35
4530971 Pages: 2 of S
10/09/2019 03:42 PM R Fee;$0.00 D Fee:$0.00
Carly Koppel, Clerk and Reoorder, Weld County, CO
E4rdIKRIVI ' ' 11111
Sheet 1 of 3
Sheet 2 of 3
EXHIBIT "A"
PARCEL NUMBER: RW-4
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 08, 2018
DESCRIPTION
A tract or parcel of land No. RW-4 of the County of Weld, State of Colorado, Project Code
20826, Project No. BRO CO30-070, coma ining 0.092 acres, more or less, in the southeast orie-
cparter (SE1/4) of Section 11, Township I North, Range 66 West, of the bth Prioripal
Meridian, County Weld County, Slate of Colorado. also being a part of Recej von Number
389S488, Weld County Records. described as follows:
COMMENCING at the southeast (SE) corner of said Section 14;
Thence North fib°50'58" West a distance of 928.20 feet, to a point on the north Right -of -Way
line of WCR 44. also being the TRUE POINT OF BEGINNING;
1.. Thence North 00°42'05" West a distance of 35.00 feet;
2. Thence parallel with said north Right -of -Way line, North 89°17'55" East a distance
of 115.00 feet;
3. Thence South 00°42'05" East a distance of 35.00 Feet to a point on said north
Right -of -Way line;
4. Thence along said north Right -of -Way line, South 89"17'55" West a distance of
115.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 4,025 sq. ft. or 0.092 acres, more or less.
Basis of Hearings: All hearings are based on the south line of the southeast ono -quarter
(SE1/4) of said Section 14 as bearing South 89°17'55" West a distance of 2655.31 foot from
the said southeast corner, an alloy cap PLS 7242, to the south quarter corner, an alloy cap
PLS 38213.
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$4*J1
38377 :cc
ya{!f!f i1 r I l i i I L1 NMt�;�
For and on the Behalf of Weld County
Scott). Klinker, PLS 38377
12640 West Cedar Drive, Suite F
Lakewood, CO 80228
4530971 Pages: 3 of 9
10/03/2019 @3:42 PM R Fee:$0.00 D Fee:$0.0O
Carly Koppes, Clerk and Racbrder, Weld County, CO
I4�1 4ik "III
4530971 Pages: 4 of 5
10/09/2019 03:42 P11 R Fee;$0,00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ill! lriIVi1lrkiVifi l iltiitilai 14.W 11111
SE1/4
SEC. 14
T4N, R66W
SEC
DINNER PECKHAM JUNCTION FARM LLC
REC. NO. 3895488
PARCEL 10571400059
12640 Cedar Wye
Suite F
Lakewood, Colorado 8O228
Phone: 308-588-5800
FAX: 008-000-0168
wwwsehinc oom
ROW
WCR 44 (60' ROW)
f7
f— r
scale
h85°iu'Sa' 9,'S,2L
SOUTHC1AZ S131/4 SZCTION 114
RW-4
(BASIS OF BEAFJNOS7S69°fTS5-w
— / ITh E TABLE
f / Ll. S00M2'0S"E 35.00'
L2 N89°17'55"£ 115.00'
I.3 800°42'03"E 35.00'
L4 S09°1T55"W 115.00'
50
100
1._5.
feet
SE COIL SEC. 14
3.25" ALUM. CAP
2YY6 PLS 7142
73
O
rn • - -U 13
m `
zmm
to m0
c=
7d8ER
Cammm>
XI
aoW��
EdOE133HS
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 said parcel,
pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this +h day of c+d be_r ,2019.
r�_
ATTEST: ' 44) ''(A
CLERK TO THE BOARD OF
COUNTY COMMISSIONER
OF THE COUNTY OF WE
BY:
STATE OF COLORADO )
)ss
COUNTY OF WELD )
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
arbara Kirkmeyer, Chair
BOARD OF COUNTY
COMMISSIONER OCT 117 2D19
OF THE COUNTY OF WELD
h - foregoing instrument was acknowledged before me this day of
, 2019, by Barbara Kirkmeyer, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires:
4530971 Pages: :
f0/09/20IS 03.42P of s
Carly KoPPes, Clerk and Reooee:$0.00 0 Fee;$$.00
II IT114: l4 jt rit�I rL4r ld County,
r"�11 4��, Yak 11 Ill
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
alp /1- 8023
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