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Home My WebLink About20180554.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 53 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - THE LOWER LATHAM RESERVOIR COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right -of -Way and Temporary Construction Easements for Certain Improvements to County Road 53 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 The Lower Latham Reservoir Company, 8209 W. 20th Street, Suite A, Greeley, Colorado 80634, 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 and Temporary Construction Easements for Certain Improvements to County Road 53 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 The Lower Latham Reservoir Company, 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. PWC MCI) AC•CI5C) 2018-0554 EG0075 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 53 - THE LOWER LATHAM RESERVOIR COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: did.%) Weld County Clerk to the Board BY: Deputy Clerk to the ounty Attorney Date of signature: 0 3-/3-4) M-cen-e.+A-c.7" Stele Moreno, Chair rbara Kirkmeyertj Pro-Tem draftV• SeanP. way Co Cozad Mike Freeman 2018-0554 EG0075 ODI /pot &94L - MEMORANDUM TO: Esther Gesick, CTB DATE: February 14, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: CR 53 ROW and Permanent Easement Agreement for Lower Latham Reservoir Company (Contract ID # 1694) Please place the attached ROW and Temporary Construction Easement (TCE) agreement on the BOCC Agenda. Once the agreement has been signed, please return a signed original back to me so I can provide them to our ROW agent for closing. This agreement is for a ROW parcel and two TCEs that we need for the CR 53 bridge replacement project. The ROW parcel is 27,918 square feet (0.641 acres). One TCE is 7,462 square feet (0.171 acres). The second TCE is 7,649 square feet (0.176 acres). In addition to the ROW and TCEs, we are acquiring a corral, an old utility shed, and a few trees. The total value of the improvements is $18,401.00. The Lower Latham Reservoir Company also asked for $24,042 in damages. Their appraisal valued the property, utility shed, and corrals at $50,115 while our appraisal valued the same items at $26,100. The owner was not willing to lower their counter offer from their appraised value. Because the acquisition of this parcel is time critical to the bridge replacement project, we agreed to their counter offer. The cost of the new bridge is estimated to be approximately $11.5 million. CDOT/FHWA have dictated a date by which the project is to be completed and in order to make that date, we could not delay with countering back and forth with the owner. CDOT will not give the County a concurrence to advertise the project until the parcel is acquired. This acquisition will allow the County to ask for the concurrence to advertise and be out to bid by mid to late March. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. cam: CCK1tYlc.) oa-at - ►g a 3-oa- t 2018-0554 E.,GCo-75 Page I of I M:'Weld County Flood 2013 Version 2\ Site Specific ProjectsyBridge Projects 53-58A Phase 2 Work \ FOR .ROW-SurveyingALower Latham \Lower Latham ROW & -FLEE Agreement Memo to CTB 02-I-9-18_docx BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 53 ROW and TCE Agreement for Lower Latham Reservoir Co. — CR 53 Bridge Replacement Project DEPARTMENT: Public Works DATE: February 15, 2018 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: This pass around is intended to update the Board regarding a ROW and TCE agreement that will be on the Board's agenda on Wednesday, February 21, 2018. The signed agreement was received from the Lower Latham Reservoir Company late in the afternoon on February 14, 2018. It was entered into OnBase on February 14 and passed through the process on February 15. This agreement is time sensitive in the fact that we need approval from the BOCC by February 26 in order to meet the FHWA/CDOT dictated completion date of April 30, 2019, the project has to be bid by no later than March 15, 2018. I anticipate that it will take CDOT approximately 2 to 3 weeks to provide their concurrence to advertise for bids. The item that I want to bring to the BOCC's attention is the amount that was agreed to be paid to Lower Latham in order to keep the project on schedule. During the course of the ROW acquisition, our ROW agent from Atkins hired Jon Vaughan from Foster Valuation to do our appraisal. Our appraisal valued the property acquisition, an old utility building, damages to a corral, and a few trees at $26,100. Lower Latham hired Alan Axton from Axton Realty Consulting, Inc to do their appraisal. The Lower Latham appraisal valued the property, utility building, corral, and trees at $50,115. A difference of $24,015. The biggest difference between the two appraisals is that the Lower Latham appraisal accounted for a complete take of the corral and our appraisal accounted for a very small take on a portion of the corral. Our ROW agent made an offer of $26,100 to Lower Latham and they countered with their appraisal value of $50,115. They indicated they were not willing to move from their appraisal value. Because the project is on a time critical path, [ directed the ROW agent to accept the Lower Latham counter offer in order to get the parcel acquired.. If we would have continued to negotiate, we would have lost critical time needed to construct the bridge. [ felt that a difference of $24,015 was small compared to the overall cost of the bridge project which is estimated to be $11.5 million. If the project schedule is delayed, the FHWA/CDOT ($7.54 million) and CDBG-DR ($333,000) funding has the potential to go away. Both agencies have indicated that it will not be possible to extend their grant deadlines. After Lower Latham was notified that we would accept their offer of $50,115, they came back to us and asked for additional compensation to relocate a water meter on the property, compensation for 2 gates and a cattleguard, compensation for the loss of use of the corral during this year's calving season, compensation for a temporary fence, and the ability to use the utility building until mid - May. The project had already accounted for all of the additional costs they were asking to be compensated for so we told them that we would not provide any further compensation. We agreed that they could continue to use the corral until construction started and the utility building could be used until April 1. The building will be demolished prior to the start of construction and the April 1 date provides sufficient time to get it demolished. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve the agreement on February 21 or February 26, 2018. 2. Don't approve the agreement and send our ROW agent back to try more negotiating. Recommendation: Approve the agreement so I can proceed with getting CDOT's concurrence to advertise for bids. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Approve Recommendation Schedule Work Session Other/Comments: AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 53, BETWEEN The Lower Latham Reservoir Company AND WELD COUNTY, COLORADO THIS AGREEMENT is made thisc / 5 -(day of , 2018, by and between The Lower Latham Reservoir Company, a Colorado nonprofit corporation, who erroneously took title as Lower Latham Reservoir Company, whose address is 8209 W. 20th Street, Suite A, Greeley, CO 80634, hereinafter 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 real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, Owner owns real property described in the attached Exhibit "B" and Exhibit "C" (hereinafter referred to as "Temporary Construction Easements", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 53, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Road Improvement Project, and WHEREAS, County will need said Temporary Construction Easements in order to construct a roadway, driveway or roadway appurtenances, which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Six Thousand Nine Hundred Twenty -Three Dollars, ($6,923). The parties acknowledge and agree that said purchase price represents full, fair and valuable considerations. Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 1 4378505 Pages: 1 of 12 02/28/2018 10:49 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO QOI$-0559Cl) 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Sixty -Nine Dollars ($369). The parties acknowledge and agree that said purchase price represents full, fair and valuable considerations. 3. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Eighty Dollars ($380). The parties acknowledge and agree that said purchase price represents full, fair and valuable considerations. 4. Owner warrants that it is the owner of the Public Road Right -of -Way and the Temporary Construction Easements and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right -of -Way to County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant the Temporary Construction Easements to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easements shall commence on April 1, 2018, and shall expire and be of no further force or effect on April 1, 2020, or upon the completion of the Road Improvement Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easements, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit B and Exhibit C which may interfere with County's full enjoyment of the rights hereunder; these Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easements. 9. Owner shall retain the mineral estate under the Public Road Public Road Right -of - Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Temporary Construction Easements. 10. Owner shall deliver the fully executed by Warranty Deed for the Public Road Right - of -Way to County upon the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and the Temporary Construction Easements which is required to be paid, including, but Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 2 4378505 Pages: 2 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iPilighitITIA ALAI II 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 Warranty Deed to 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/or Temporary Construction Easements. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and/or Temporary Construction Easements. 2. County shall pay all fees associated with recording this Agreement and/or the Warranty Deed. 3. County shall pay Owner for the Public Road Right -of -Way and Temporal), Construction Easements by County warrants at the date of closing. 4. County, as a condition of the granting of these Temporary Construction Easements, covenants and agrees to restore the property described in Exhibit B and Exhibit C to a level comparable to its original condition. 5. County shall at closing, pay in the amount of Seven Thousand Seven Hundred Seventy -Seven Dollars ($7,777) for removal of trees and the utility shed. 6. County shall at closing, pay in the amount of Ten Thousand Six Hundred Twenty - Four Dollars ($10,624) for the replacement of the corral. 7. County shall at closing, agree to pay in the amount of Twenty -Four Thousand Forty - Two Dollars ($24,042) in curable damages to avoid damages to the residue following the conveyance of the Public Road Right -of -Way described on Exhibit "A" (attached hereto and made a part hereof by this reference). 8. County agrees to coordinate with Central Weld County Water District to relocate Owner's water meter on the property and shall pay all fees associated with said relocation. 9. As per the Access Road Plan and Profile for Owner's access road at STA 212+00, County hereby agrees "Location of (16 Foot) gate and (32 Foot) cattle guard will be coordinated between landowner (Owner) and contractor". Said cattle guard and gate shall be re-established within Owner's property, not in County right of way. Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 3 4378305 Pages: 3 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I r iiliMilVidrhl itifilifIrOMIA 1 VIIYA1 AVIA 11111 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 Easements for the purposes of constructing the Road Improvement Project and driveway, and for its daily operation, access and maintenance. These conveyances shall be 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 Temporaty Construction Easements as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right -of -Way and Temporary Construction Easements 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. 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. 4. 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. 5. The parties hereby agree that neither has made or authorized any agreement with 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 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 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. Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 4 4378505 Pages: 4 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII 1V1UNki l ra+lli II lif fir 'kiN ii'1 "III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: The Lower Latham Reservoir Company, a Colorado nonprofit corporation, who erroneously took title as Lower Latham Reservoir Company B: Title: f ieES/D4=7'j ATTE T: Weld BY`JL.ded//..., Deputy C f rk to the Bot' ` 11 By: Title: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair FEB 2 1 2018 Agmt for Purchase of ROW and Temp Easement -Possession Following Closing Page 5 4378505 Pages: 5 of 12 02/28/2018 10:49 AM R Fee:$0.00 1111 Carly Ko�'J�'1,E4l.'�fi'and r l'c 1t1+',�k1tidl i� CO �YL�Ji �I II I ao g -0559C t EXHIBIT "A" PROJECT NUMBER: ER CO30-067 PARCEL NUMBER: RW-1 PROJECT CODE: 20480 DATE: June 1, 2017 DESCRIPTION A tract or parcel of land No. RW-1 of the Weld County and Department of Transportation, State of Colorado Project No. ER CO30-067 containing 27,918 sq. ft. (0.641 acres), more or less, being a portion of that parcel of land described at Reception Number 2990466 as recorded in the Weld County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5 North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8, Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00" W., a distance of 2,650.88 feet, Thence N. 03°25'58" E., a distance of 1,313.94 feet to a point on the north line of said parcel of land described at Reception Number 2990466, said point also being the POINT OF BEGINNING; 1. Thence along said north line, N. 89°20'32" E., a distance of 50.61 feet, to a point on the west Right of Way line of Weld County Road 53 (April 2017); 2. Thence along said west Right of Way line, S. 08°14'44" W., a distance of 212.94 feet; 3. Thence continuing along said west Right of Way line, S. 03°03'46" E., a distance of 102.00 feet; 4. Thence continuing along said west Right of Way line, S. 08°14'44" W., a distance of 226.59 feet; 5. Thence departing said Right of Way line, N. 41°14'08" W., a distance of 54.50 feet; 6. Thence N. 03°45'52" E., a distance of 335.19 feet; 7. Thence N. 04°35'27" W., a distance of 74.25 feet; 8. Thence N. 40°45'58" W., a distance of 23.50 feet; 9. Thence N. 41°54'03" E., a distance of 29.00 feet; 10. Thence N. 11°48'04" W., a distance of 48.05 feet to the north line of said parcel of land described at Reception Number 2990466; Page 1 of 2 4378505 Pages: 6 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11. Thence along said north line, N. 89°20'32" E., a distance of 32.65 feet, more or less, to the POINT OF BEGINNING. The above described parcel contains 27,918 sq. ft. (0.641 acres), more or less. Basis of Bearings: Bearings are based on a line connecting the Section Corner common to Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 & 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4" aluminum cap set in a range box), having a grid bearing of S88°56'00"W and a distance of 2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD'83(2011), Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 4378305 Pages: 7 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Neal Willi:141i I ' I IIIIRI P!Nhili 10 111111 Page 2 of 2 EXHIBIT "B" PROJECT NUMBER: ER CO30-067 PARCEL NUMBER: TE-1 PROJECT CODE: 20480 DATE: June 1, 2017 DESCRIPTION A temporary easement No. TE-1 of the Weld County and Department of Transportation, State of Colorado Project No. ER CO30-067 containing 7,462 sq. ft. (0.171 acres), more or less, being a portion of that parcel of land described at Reception Number 2990466 as recorded in the Weld County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5 North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8, Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00"W., a distance of 2,650.88 feet, Thence along the west line of said Southwest Quarter of Section 9, N.01°09'53" W., a distance of 246.10 feet to a point of intersection with the west Right of Way line of Weld County Road 53 (April 2017), said point being the POINT OF BEGINNING; 1. Thence continuing along said west Quarter Section line, N. 01 °09'53" W., a distance of 61.16 feet; 2. Thence N. 08°14'44" E., a distance of 185.50 feet; 3. Thence N. 06°17'25" E., a distance of 293.08 feet; 4. Thence N. 41°14'08" W., a distance of 40.88 feet; 5. Thence N. 03°45'52" E., a distance of 49.44 feet; 6. Thence S. 86°14'08" E., a distance of 10.00 feet; 7. Thence S. 03°45'52" W., a distance of 45.30 feet; 8. Thence S. 41°14'08" E., a distance of 54.50 feet, to a point on said west Right of Way line of Weld County Road 53 (April 2017); 9. Thence along said west Right of Way Line, S. 08°14'44" W., a distance of 534.81 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 7,462 sq. ft. (0.171 acres), more or less. The purpose of the above -described temporary easement is for access and construction of a roadway, driveway, and roadway appurtenances. Page 1 of 2 4378505 Pages: 8 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIMill'llIiviaNl eMIIITOWPEilktilimih 1IIII Basis of Bearings: Bearings are based on a line connecting the Section Corner common to Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 & 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4" aluminum cap set in a range box), having a grid bearing of S88°56'00"W and a distance of 2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011), Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 4378505 Pages: 9 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lairNVIOIN 1 II II Page 2 of 2 EXHIBIT "C" PROJECT NUMBER: ER CO30-067 PARCEL NUMBER: TE-1A PROJECT CODE: 20480 DATE: June 1, 2017 DESCRIPTION A temporary easement No. TE-1A of the Weld County and Department of Transportation, State of Colorado Project No. ER CO30-067 containing 7,649 sq. ft. (0.176 acres), more or less, being a portion of that parcel of land described at Reception Number 2990466 as recorded in the Weld County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5 North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8, Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00"W., a distance of 2,650.88 feet, Thence N. 01°33'57" E., a distance of 1,311.58 feet to a point on the north line of said parcel of land described at Reception Number 2990466, said point being the POINT OF BEGINNING; 1. Thence along said north line, N. 89°20'32" E., a distance of 10.19 feet; 2. Thence S. 11°48'04" E., a distance of 48.05 feet; 3. Thence S. 41°54'03" W., a distance of 29.00 feet; 4. Thence S. 40°45'58" E., a distance of 23.50 feet; 5. Thence S. 04°35'27" E., a distance of 74.25 feet; 6. Thence S. 03°45'52" W., a distance of 96.12 feet; 7. Thence N. 86°14'08" W., a distance of 73.17 feet, to a point on the west line of said Southwest Quarter of Section 9; 8. Thence along said west line, N. 01°09'53" W., a distance of 65.24 feet; 9. Thence S. 86°14'08" E., a distance of 58.78 feet; 10. Thence N. 03°45'52" E., a distance of 99.69 feet; 11. Thence N. 40°45'58" W., a distance of 29.33 feet; 12. Thence N. 41°54'03" E., a distance of 32.73 feet; 13. Thence N. 11°48'04" W., a distance of 44.96 feet, more or less, to the POINT OF BEGINNING. Page 1 of 2 4378505 Pages: 10 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII KAM RCA II III The above described temporary easement contains 7,649 sq. ft. (0.176 acres), more or less. The purpose of the above -described temporary easement is for access and construction of a roadway, driveway, and roadway appurtenances. Basis of Bearings: Bearings are based on a line connecting the Section Corner common to Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 & 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4" aluminum cap set in a range box), having a grid bearing of S88°56'00"W and a distance of 2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD'83(2011), Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 4378505 Pages: 11 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Pd174.114WiriKtM1111,1WI lie IIINII+M ii II Page 2 of 2 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named THE LOWER LATHAM RESERVOIR COMPANY. 2. The entity is a nonprofit corporation. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 8209 W. 20th Street, Suite A, Greeley, Colorado 80634. 5. The name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is Theodore A. Buderus, as President of the entity. 6. The authority of the foregoing person to bind the entity is not limited. 7. Other matters concerning the manner in which the entity real property: None. 8. This Statement of Authority is executed on behalf of the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in Statement of Authority executed on behalf of the entity. Date: February , 2015 STATE OF COLORADO County of �/�' (c1 ) ss. deals with interests in entity pursuant to the all respects any prior The Lower Latham Reservoir Company By: Kevin Chesnut, Secretary The foregoing instrument was acknowledged before me this Z— day of February, 2015 by Kevin Chesnut, as Secretary of The Lower Latham Reservoir Company. Witness my hand and official seal. .j DOUGLAS C SEELY NOTARY PUBLIC - STATE OF COLORADO Notary Identification $ 20054027281 My Commission Expires 1/15/2019 Notary Publi My Commission Expires: 4378505 Pages: 12 of 12 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 NUT iIII 111111111111 3111 M11111113 iiu l l 1111111111111 2990466 09/26/2002 10:24A Weld County, CO 1 01 1 R 6.00 D 250.00 J.A. "Suki" Tsukamoto PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) Ooc_ t33 (i-Ji_Oat 466 THIS DEED is made by Kenneth W. Jurgen and Ruth Weber as Personal Representatives of the Estate of Pauline Jurgens an unmarried person, deceased, Grantors, to LOWER LATHAM RESERVOIR COMPANY, Grantee. WHEREAS, the above named decedent in his lifetime made and executed her Last Will and Testament dated April 10, 1997, which Will was duly admitted to informal probate on February 1, 2001, by the District Court in and for the County of Weld, State of Colorado, Probate No. 01 PR 32, and, WHEREAS, Grantors wcre duly appointed Personal Representatives of said Estate on February 1, 2001, and are now qualified and acting in said capacity, NOW THEREFORE, pursuant to the powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby sell, convey, assign, transfer and set over unto Grantee for good consideration the following described property situate in the County of Weld, State of Colorado: Section 8, Township 5 North, Range 64 West of the 6th P.M., except the Nl/2 of the NW1/4, the Nl/2 of the NWI/4 of the NEl/4 and the NE1/4 of the NE1/4. And that portion of the SW1/4 of the SW1/4 of Section 9, Township 5 North, Range 64 West of the 6th P.M. lying West of the County Road. Except from the above Parcels those Parcels as described in Book 622 at page 202,Book 1473 at page 86, Book 1474 at page 505, Book 1474 at page 508, and Book 1475 at pagc474. Including all water and water rights, and Fitly -Four shares of the capital stock of The Plumb Irrigation Company. Also known as 28151 Highway 37, Kersey, CO 80644 Executed September 17, 2002. STAI E 9F COLORADO ) t"} 8'� Coiinty,i f Weld C ) 4 0 r4 ice. pU as Personal Representatives of the Estate of Pauline Jurgens ing instrument was acknowledged before me this 17th day of September, 2002 by W. Jurgens and Ruth Weber as Personal Representatives of the Estate of Pauline b Deceased. Witness my hand and official seal. NC: o • • C O y Commission expires : October 9, 2002 �a5o �a��s ASAMI I! PM COMPENSATION WORKSHEET Assessor Parcel #: 0963-090-00-015 Owner: Lower Latham Reservoir Company RW-1, TE-1, TE-1A Payment Breakdown: Project No.: ER CO30-067 Project Code: 20480 Parcel No.: 1 Project location: WCR 53, Bridge over S. Platte Weld County Department of Public Works has determined that it will need to acquire the following property to facilitate the construction of a new bridge over the S. Platte River. The fee interest (RW-1) and temporary easement (TE-1, TE-1A) acquisitions described below are for the purpose of access and construction of a roadway, driveway and roadway appurtenances. The subject parcels are: Parcel No.: RW-1 Square Feet: 27,918 Parcel No.: TE-1 Square Feet: 7,462 Parcel No.: TE-1A Square Feet: 7,649 As presented in the table below, the total cost for RW-1, TE-1 and TE-1A, together with the right of way interests to be acquired, improvements and accrued damages is $50,115. This figure is based on an estimated fee interest fair market value of $10,800 per acre, established through a property appraisal report prepared by Jon Vaughan, MAI, SR/WA of Foster Valuation Company, LLC. Land Area (Sq. Ft.) $ / Sq. Ft. TE term Compensation RW-1 27,918 $0.25 $6,923 TE-1 7,462 $0.25 x 10% 2 years $369 TE-lA $0.25 x 10% 2 years $380 Improvements Corral Utility Shed Trees $10,624 $7,447 $330 Damages / Cost to Cure $24,042 Total Compensation $50,115 MEMORANDUM TO: Esther Gesick, CTB DATE: March 7, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Warranty Deed for the CR 53 Bridge Replacement Project Please place the attached Acceptance of a Warranty Deed for the Lower Latham Reservoir Company ROW parcel on the consent agenda. The original contract ID# was 1694. The docket number was 2018- 0554. After the Warranty Deed is accepted, please expedite the recording of the document because CDOT is requiring proof of recording in order to allow the bridge replacement project to advertise for bids. ee: (/ A-10 Nr J Aoyuka'3- Dg - Page 1 of I M:\Weld County Flood 2013 Version 2\Site Specific Projects`,, Bridge Projects\53-58A'Phase 2 Work \ Design \FOR\ROW-Surveying\Lower Latham \Lower Latham Deed Acceptance Memo to CTB 03-07-18.docx c90 (S -0 S9- WARRANTY DEED THIS DEED made this � day of , 2018, between The Lower Latham Reservoir Company, a Colorado nonprofit corporation, a.k.a. Lower Latham Reservoir Company, whose address is 8209 W. 20th Street, Suite A, Greeley, CO 80634, hereinafter referred to as "Grantor," and COUNTY OF WELD, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the Grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A". Also known as: RW-1 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, 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. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the Grantor, for itself, its heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 4383228 Pages: 1 of 6 03/15/2018 02:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO "III oZDI� D 5J"*L The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: The Lower Latham Reservoir Company, a Colorado nonprofit corporation, a.k.a. Lower Ljttham Reservoir Company By: State of Colorado ) )ss. County of ad> ) JEFFREY M. HANNA NOTARY PUBLIC STATE OF COLORADO NOTARY ID* 20154002163 MY COMMISSION EXPIRES JANUARY 15, 2019 The foregoing instrument was acknowledged before me this day of 2018, by7apg 4 g is , Owner. Witness my hand and official seal. Notary Public My commission expires: 1/6/ j t 4383228 Pages: 2 of 6 03/15/2018 02:37 PM R Fee:$0.00 D Fee:$0.00 1111IPPOJAkill AJ k WA 440 LIOAtirKidici II 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 /oZji day of ATTEST: 4 CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: Deputy Clerk to theVoard STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2018. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO eve Moreno, Chair MAR 1 2 2018 OARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD 1-1 The foregoing instrument was acknowledged before me this 7� day of , 2018, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: L.// y/ 2t7/4, 4383228 Pages: 3 of 6 03/15/2018 02:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Notary P CHERYL LYNN HOFMAN NOTAC4v STATE OF . ADO NOTARY ID 2Ui 4J-48044 MY COMMISSION EXP,R,_4 ,EC, 19, 2018 O20/�' e)51 EXHIBIT "A" PROJECT NUMBER: ER CO30-067 PARCEL NUMBER: RW-1 PROJECT CODE: 20480 DATE: June 1, 2017 DESCRIPTION A tract or parcel of land No. RW-1 of the Weld County and Department of Transportation, State of Colorado Project No. ER CO30-067 containing 27,918 sq. ft. (0.641 acres), more or less, being a portion of that parcel of land described at Reception Number 2990466 as recorded in the Weld County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5 North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8, Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00" W., a distance of 2,650.88 feet, Thence N. 03°25'58" E., a distance of 1,313.94 feet to a point on the north line of said parcel of land described at Reception Number 2990466, said point also being the POINT OF BEGINNING; 1. Thence along said north line, N. 89°20'32" E., a distance of 50.61 feet, to a point on the west Right of Way line of Weld County Road 53 (April 2017); 2. Thence along said west Right of Way line, S. 08°14'44" W., a distance of 212.94 feet; 3. Thence continuing along said west Right of Way line, S. 03°03'46" E., a distance of 102.00 feet; 4. Thence continuing along said west Right of Way line, S. 08°14'44" W., a distance of 226.59 feet; 5. Thence departing said Right of Way line, N. 41°14'08" W., a distance of 54.50 feet; 6. Thence N. 03°45'52" E., a distance of 335.19 feet; 7. Thence N. 04°35'27" W., a distance of 74.25 feet; 8. Thence N. 40°45'58" W., a distance of 23.50 feet; 9. Thence N. 41°54'03" E., a distance of 29.00 feet; 10. Thence N. 11°48'04" W., a distance of 48.05 feet to the north line of said parcel of land described at Reception Number 2990466; 4383228 Pages: 4 of 6 03/15/2018 02:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 r1NIPIIIKil liviliAti git'dUNIAIrli 4114.I II1 Page 1 of 2 11. Thence along said north line, N. 89°20'32" E., a distance of 32.65 feet, more or less, to the POINT OF BEGINNING. The above described parcel contains 27,918 sq. ft. (0.641 acres), more or less. Basis of Bearings: Bearings are based on a line connecting the Section Corner common to Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 & 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4" aluminum cap set in a range box), having a grid bearing of S88°56'00' W and a distance of 2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011), Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 2 of 2 4383228 Pages: 5 of 6 03/15/2018 02:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII PJFIII Il h, iv:k iVrh0 gillifiVidlii0Ilk III II STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named THE LOWER LATHAM RESERVOIR COMPANY. 2. The entity is a nonprofit corporation. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 8209 W. 20th Street, Suite A, Greeley, Colorado 80634. 5. The name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is Theodore A. Buderus, as President of the entity. 6. The authority of the foregoing person to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: None. 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. The Lower Latham Reservoir Company Date: February 2 , 2015 STATE OF COLORADO County of ". ( /c( ) ss. I By: Kevin Chesnut, Secretary The foregoing instrument was acknowledged before me this Z= day of February, 2015 by Kevin Chesnut, as Secretary of The Lower Latham Reservoir Company. Witness my hand and official seal. //jO.4-1.-1.1 C. G �^Q Notary Publiel My Commission Expires: // /c."-zO(? DOUGLAS C SEELY NOTARY PUBLIC - STATE OF COLORADO Notary Identification S 20054027281 My Commission Expires 1/15/2019 4383228 Pages: 6 of 6 03/15/2018 02:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I 1% Iuipillog, UWII 11111 Hello