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Home My WebLink About26-42 H & J Property, LLC. CR 26 Bridge Replacement 05-20-2026 RESOLUTION NO. 26-42 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AGREEMENTS TO ACQUIRE CERTAIN REAL PROPERTY INTERESTS FROM H&J PROPERTY, LLC AND 6856 CR 26, LLC NECESSARY TO CONSTRUCT THE WELD COUNTY ROAD 26 BRIDGE REPLACEMENT PROJECT WHEREAS, the Town of Firestone (“Town”) is constructing the Weld County Road 26 Bridge Replacement Project (the “Project”); and WHEREAS, to facilitate the Project, it is necessary for the Town to acquire fee title (“Property Rights”) to two parcels of land located on both the north and south side of Weld County Road 26 from way, which are owned by H&J Property, LLC and 6856 CR 26, LLC, respectively (“Owners”), each as more particularly described in Exhibits A and B, attached hereto and incorporated herein by this reference; and WHEREAS, Town Staff and their right-of-way acquisition consultants for the Project have negotiated in good faith for the acquisition of the Property Rights from the Owners, including without limitation, establishing the just compensation to be paid for the Property Rights in compliance with applicable law and other terms and conditions upon which the Owners will convey the Property Rights to the Town, as more particularly described in the Memoranda of Agreement, attached hereto as Exhibits A and B and incorporated herein by this reference; and WHEREAS, the Town Board of Trustees (“Board”) finds and determines that the Project enhances the public health, safety and welfare of the community by providing improved transportation infrastructure; and WHEREAS, the Town Board further finds and determines that the timely acquisition of the Property Rights is desirable and necessary for the completion of the Project, and is essential to protect and preserve the health, safety, welfare and convenience of the Town’s community; and WHEREAS, the Town Board further finds and determines there is a public need and necessity for obtaining possession of and acquiring the Property Rights; and WHEREAS, the Town Board desires to approve the Memoranda of Agreement, as it is in the Town’s best interests. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board (a) approves the Memorandum of Agreement between the Town of Firestone and H&J Property, LLC in substantially the same form as the copy attached hereto as Exhibit A and made a part of this Resolution; (b) authorizes the Interim Town Manager to execute the Memorandum of Agreement on behalf of the Town; and (c) ratifies the prior actions of the Town Staff and their acquisition consultants in negotiating such Memorandum of Agreement on behalf of the Town. Section 2. The Town Board (a) approves the Memorandum of Agreement between the Town of Firestone and 6856 CR 26, LLC in substantially the same form as the copy attached hereto as Exhibit B and made a part of this Resolution; (b) authorizes the Interim Town Manager to Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 execute the Memorandum of Agreement on behalf of the Town; and (c) ratifies the prior actions of the Town Staff and their acquisition consultants in negotiating such Memorandum of Agreement on behalf of the Town. Section 3. The Interim Town Manager, or such person’s designee, is authorized to hereafter amend the terms, conditions or legal description of, or to clarify the nature and extent of, the Property Rights to be acquired, and the Interim Town Manager is authorized to execute such amendment documents to the Memoranda of Agreement to effectuate such modifications. However, amendments to the Memoranda of Agreement that significantly impact the substance of the transaction, such as increasing the just compensation to be paid for the Property Rights, shall require Town Board approval. Section 4. The Interim Town Manager is authorized to execute and deliver all documents necessary in connection with the closing of the purchase of the Property Rights, and to do all things necessary on behalf of the Town to perform all obligations of the Town under the Memoranda of Agreement, including without limitation, instruments of conveyance necessary or incidental to the acquisition of the Property Rights and the execution and delivery of all documents necessary or required with closing. PASSED AND ADOPTED this 20th day of May 2026. Don Conyac Jr., Mayor ATTEST: Miriam Granados Luna, CMC, Town Clerk APPROVED AS TO FORM: Marshall Keith Martin, Town Attorney Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 EXHIBIT A [H&J Property LLC MOA] Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 EXHIBIT B [6856 CR 26 LLC MOA] Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 CDOT 227a Revised 1/01 Page 1 of 2 COLORADO DEPARTMENT OF TRANSPORTATION RECOMMENDATION FOR SETTLEMENT REGION: 4 PARCEL NO: RW-01, TE-01 PROJECT NO: BRO M440-002 OWNER NAME: H&J Property LLC PROJECT CODE: 26219 COUNTY: Weld LOCATION: TRIAL DATE: None set DOT ATTY: AG NO: ADMINISTRATIVE SETTLEMENT – REGION LEGAL SETTLEMENT ADMINISTRATIVE SETTLEMENT – CENTRAL OFFICE OTHER SETTLEMENT PROPOSED SETTLEMENT AMOUNT The amount of the proposed Settlement is: $ 25,000.00 The established fair market value is: $ 1,370.00 The amount of variance is: $ 23,630.00 SUPPORT DATA Owner Appraisal $ NA Appraiser Second Owner Appraisal (if Applicable) $ NA Appraiser CDOT Appraisal $ NA Appraiser Second CDOT Appraisal $ NA Appraiser Distribution: Right of Way, Central Office – Original Acq/Relo, Central Office Appraisal Review, Central Office Attorney Generals Office Region Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 CDOT 227a Revised 1/01 Page 2 of 2 Settlement is hereby recommended for the following reasons: H & J Property, LLC owns a parcel of land that consists of 209.85 total acres and is currently zoned Agricultural. Weld County seeks a total of 0.058 acres of Right-of-Way (RW-01) and 0.03 acres of temporary easement (TE- 01) from the subject property. Western States Land Services, LLC was able to perform an in house waiver valuation that concluded a unit value of $20,908.80/acre. The permanent easements totaled $1,221.60 and the temporary totaled $140.64 which brought the total offer to $1,370.00. In negotiating with H & J Property, LLC they counter offered with a value of $25,000.00. H & J Property, LLC has signed the MOA at $25,000.00 in order to reach a voluntary settlement. Settlement of this acquisition would allow the County to avoid the additional cost of specialty reports, litigation, attorney fees, court costs, and expert witness fees. I believe settlement in this matter is the most prudent course of action. The variance from the FAIR MARKET VALUE appears substantial and the proposed settlement cannot be justified in accordance with Federal Aid Regulations. If settlement is made as proposed, $ of the amount of VARIANCE should be taken as non-participating. REGION APPROVAL RECOMMEND SETTLEMENT:5/8/2026 APPROVED FOR SETTLEMENT: I concur Town of Firestone Manager/Supervisor Date ADDITIONAL APPROVALS (as applicable) Recommend Settlement: Right of Way Manager, Central Office Date Approved for Settlement: Chief Engineer Date Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 CDOT 227a Attachment 1 Settlement Justification Continued: Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 INSTRUCTIONS FOR COMPLETION OF THE RECOMMENDATION FOR SETTLEMENT (FORM 227A) This form is used to provide a self explanatory narrative of all considerations that support a settlement. The relevant parcel details, the factors considered in the settlement, and the reasoning used in arriving at the settlement amount must be clearly explained. The extent of the written recommendation must be consistent with the situation, circumstances and the consideration involved. The component parts of the settlement; land, improvements, real estate damages, fees and costs, etc., must be itemized to the greatest extent possible. Recommendations for settlement of federal aid parcels must emphasize federal participating items. The participating items to be emphasized are the factors related to the acquisition value, real estate damages, sympathy for the owner, recent adverse awards in comparable cases and other related factors. Less emphasis should be placed on saving appraisal and attorney fees. Any portion of he increase attributable to nonparticipating items must be identified or estimated and handled as nonparticipating. PROJECT/PARCEL IDENTIFICATION: The following information can be obtained from the legal documents, appraisal, Right of Way map, and the parcel file: TYPE OF SETTLEMENT: Identify the settlement type; Administrative Settlement, Legal Settlement, Offer of Judgment or other settlement. RECOMMENDED SETTLEMENT: Each component part of the settlement must be itemized to the greatest extent possible. For all inclusive settlement, if the actual amount attributed to each component cannot be documented, the negotiator must estimate a reasonable amount for each appropriate component based on all available information for the parcel and known amounts for similar parcels previously settled. SUPPORT DATA: Any appraisal documentation or claims that have been provided by the Department or the owner must be identified in this section. SETTLEMENT JUSTIFICATION: provide a detailed explanation of why the settlement is recommended. The settlement justification must address specific details of the parcel and the basis of the counteroffer, including the following criteria set forth in Section 3.13.20 of the Right of Way Manual, Chapter 3, which support the settlement as being reasonable, prudent, and in the best public interest: • Information contained in all available appraisals reports, including those of the owner; • Substantial differences of opinion regarding valuation issues; • Complexity of severance or other issues leading to uncertainty in value; • Handling of legal issues in approved appraisals; • Consideration of time to anticipated title transfer date; • Credibility of expert witnesses; • Likelihood of jury sympathy for the owner; • Possibility of obtaining an unbiased jury; • Recent court awards for eminent domain takings; • Potential cost of litigation; and • Other relevant information. If the settlement includes a non-monetary benefit, an explanation and quantification of the benefit must be included. Fees and costs must be supported and be based on the requirements of Section 4.4.27 of the Right of Way Manual, Chapter 4. RECOMMENDATION AND APPROVAL: This section requires the signatures of the specialist or trial attorney recommending the settlement, concurrence and approval by the Region Right of Way Manager, as applicable, for settlements at the Region level. Settlements outside Region authority require recommendation of the Right of Way Manager in the Central Office and the Chief Engineer’s approval. Approval authority must be granted in accordance with Section 4.4.27 of the Right of Way Manual, Chapter 4. Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Mayor Don Jr. Conyac Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 CDOT 227a Revised 1/01 Page 1 of 2 COLORADO DEPARTMENT OF TRANSPORTATION RECOMMENDATION FOR SETTLEMENT REGION: 4 PARCEL NO: RW-01, TE-01 PROJECT NO: BRO M440-002 OWNER NAME: H&J Property LLC PROJECT CODE: 26219 COUNTY: Weld LOCATION: TRIAL DATE: None set DOT ATTY: AG NO: ADMINISTRATIVE SETTLEMENT – REGION LEGAL SETTLEMENT ADMINISTRATIVE SETTLEMENT – CENTRAL OFFICE OTHER SETTLEMENT PROPOSED SETTLEMENT AMOUNT The amount of the proposed Settlement is: $ 25,000.00 The established fair market value is: $ 1,370.00 The amount of variance is: $ 23,630.00 SUPPORT DATA Owner Appraisal $ NA Appraiser Second Owner Appraisal (if Applicable) $ NA Appraiser CDOT Appraisal $ NA Appraiser Second CDOT Appraisal $ NA Appraiser Distribution: Right of Way, Central Office – Original Acq/Relo, Central Office Appraisal Review, Central Office Attorney Generals Office Region Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 CDOT 227a Revised 1/01 Page 2 of 2 Settlement is hereby recommended for the following reasons: H & J Property, LLC owns a parcel of land that consists of 209.85 total acres and is currently zoned Agricultural. Weld County seeks a total of 0.058 acres of Right-of-Way (RW-01) and 0.03 acres of temporary easement (TE- 01) from the subject property. Western States Land Services, LLC was able to perform an in house waiver valuation that concluded a unit value of $20,908.80/acre. The permanent easements totaled $1,221.60 and the temporary totaled $140.64 which brought the total offer to $1,370.00. In negotiating with H & J Property, LLC they counter offered with a value of $25,000.00. H & J Property, LLC has signed the MOA at $25,000.00 in order to reach a voluntary settlement. Settlement of this acquisition would allow the County to avoid the additional cost of specialty reports, litigation, attorney fees, court costs, and expert witness fees. I believe settlement in this matter is the most prudent course of action. The variance from the FAIR MARKET VALUE appears substantial and the proposed settlement cannot be justified in accordance with Federal Aid Regulations. If settlement is made as proposed, $ of the amount of VARIANCE should be taken as non-participating. REGION APPROVAL RECOMMEND SETTLEMENT:5/8/2026 APPROVED FOR SETTLEMENT: I concur Town of Firestone Manager/Supervisor Date ADDITIONAL APPROVALS (as applicable) Recommend Settlement: Right of Way Manager, Central Office Date Approved for Settlement: Chief Engineer Date Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 CDOT 227a Attachment 1 Settlement Justification Continued: Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 INSTRUCTIONS FOR COMPLETION OF THE RECOMMENDATION FOR SETTLEMENT (FORM 227A) This form is used to provide a self explanatory narrative of all considerations that support a settlement. The relevant parcel details, the factors considered in the settlement, and the reasoning used in arriving at the settlement amount must be clearly explained. The extent of the written recommendation must be consistent with the situation, circumstances and the consideration involved. The component parts of the settlement; land, improvements, real estate damages, fees and costs, etc., must be itemized to the greatest extent possible. Recommendations for settlement of federal aid parcels must emphasize federal participating items. The participating items to be emphasized are the factors related to the acquisition value, real estate damages, sympathy for the owner, recent adverse awards in comparable cases and other related factors. Less emphasis should be placed on saving appraisal and attorney fees. Any portion of he increase attributable to nonparticipating items must be identified or estimated and handled as nonparticipating. PROJECT/PARCEL IDENTIFICATION: The following information can be obtained from the legal documents, appraisal, Right of Way map, and the parcel file: TYPE OF SETTLEMENT: Identify the settlement type; Administrative Settlement, Legal Settlement, Offer of Judgment or other settlement. RECOMMENDED SETTLEMENT: Each component part of the settlement must be itemized to the greatest extent possible. For all inclusive settlement, if the actual amount attributed to each component cannot be documented, the negotiator must estimate a reasonable amount for each appropriate component based on all available information for the parcel and known amounts for similar parcels previously settled. SUPPORT DATA: Any appraisal documentation or claims that have been provided by the Department or the owner must be identified in this section. SETTLEMENT JUSTIFICATION: provide a detailed explanation of why the settlement is recommended. The settlement justification must address specific details of the parcel and the basis of the counteroffer, including the following criteria set forth in Section 3.13.20 of the Right of Way Manual, Chapter 3, which support the settlement as being reasonable, prudent, and in the best public interest: • Information contained in all available appraisals reports, including those of the owner; • Substantial differences of opinion regarding valuation issues; • Complexity of severance or other issues leading to uncertainty in value; • Handling of legal issues in approved appraisals; • Consideration of time to anticipated title transfer date; • Credibility of expert witnesses; • Likelihood of jury sympathy for the owner; • Possibility of obtaining an unbiased jury; • Recent court awards for eminent domain takings; • Potential cost of litigation; and • Other relevant information. If the settlement includes a non-monetary benefit, an explanation and quantification of the benefit must be included. Fees and costs must be supported and be based on the requirements of Section 4.4.27 of the Right of Way Manual, Chapter 4. RECOMMENDATION AND APPROVAL: This section requires the signatures of the specialist or trial attorney recommending the settlement, concurrence and approval by the Region Right of Way Manager, as applicable, for settlements at the Region level. Settlements outside Region authority require recommendation of the Right of Way Manager in the Central Office and the Chief Engineer’s approval. Approval authority must be granted in accordance with Section 4.4.27 of the Right of Way Manual, Chapter 4. Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Mayor Don Jr. Conyac Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9 Docusign Envelope ID: 5F651CEE-BB0F-89F9-8356-8DFD761ACCB9