The URL can be used to link to this page

Browse Search

Home My WebLink About20132961.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE ACQUISITION PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - VARRA COMPANIES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Acquisition Purchase of a Temporary Construction Easement for Certain Improvements to County Road 13, 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 Varra Companies, Inc., 8120 Gage Street, Frederick, Colorado 80516, commencing October 10, 2013, and ending on April 10, 2014, or upon completion of said project, whichever is earlier, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Acquisition Purchase of a Temporary Construction Easement for Certain Improvements to County Road 13, 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 Varra Companies, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2013-2961 //-6 EG0068 AGREEMENT FOR THE ACQUISITION PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 - VARRA COMPANIES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 2013. ATTEST: Weld County Clerk to the Boar BY: 444 APPR CI to the Board Unty Attorney Date of signature: IrS/ Barbara Kirkmeyer BOARD OF COUNTY COMMISSIONERS ELD CY, COLORADO . Garcia, Chair Mike Freeman EXCUSED her, Pro-Tem 2013-2961 EG0068 MEMORANDUM TO: Clerk to the Board DATE: October 16, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Acquisition Purchase of Temporary Construction Easement for Certain Improvements to WCR 13 with Varra Companies, Inc. dated October 14, 2013. One original agreement is attached. MAFrancic\AGENDA memos \AgendaLean-2 docx 2013-2961 AGREEMENT FOR '1-E11; ACQUISITION PURCHASE OF TEMPORARY (.;ONS'TRUC'I'I.ON EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13, BETWEEN VARRA COMPANIES INC A.NI) WELD COUNTY., COLORADO THIS AGREEMENT is made [his (`r' r day oi'. ( 11-r'ti , 2013, by and between Varra Companies, Inc. whose address is 8 120 Gage Street, Frederick, Colorado 80516, 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 '0' Street. Greeley, Colorado 80631 hereinafter referred to as "County.." W.ITN.ESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as '"Temporary Construction Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, as a result of the flooding of September 2013, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County Will need said Temporary Construction Easement in order to construct .and place fill material which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road I.rnprovem.ent_Project by transferring the Temporary Construction Easement to County at no cost to County. NOW. THEREFORE, the parties herein agree as follows: OWNER'S RESPONSIBILITIES: 1. Owner agrees to transfer and County agrees to accep the transfer of the Temporary Construction Easement shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference) at no cost to the Counts'.. Owner warrants that it is the owner of the Temporary Construction Easement and will defend title thereto against.ail claims. 3. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens; encumbrances or other possessory claims, except existing easements. 4. This Temporary Construction Easement shall commence on October 10, 2013, and shall expire and be of no further force or effect on April 10. 2014, or upon the '.Mpisf1AYGCittliwr:aragialwinunatefigisurezn t0ileGfi. .._ II 1l1t0A'.7111G�1a(i,tflfal452Rtt:li:. _'I:iQAApRti[�;s',.iT':i.;vYf il,mt%r Purchase of Temp Easement-Intmed Possession Pnpc• I 3975466 Pages: 1 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO K0NCIF,+ 1al114ii 1)11111 02.044- c99./ completion of the Road Improvement Project, whichever is earlier. 5. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit A which may interfere with County's hill enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's temporary reasonable and proper use of said easement. 6. Owner shall retain the mineral estate.associated with the Temporary Construction Easement interests. and shall also retain any water rights currently attached to or associated with the Temporary Construction Easement. 7. This Agreement shall serve as complete evidence of the terms contained herein and the parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County. 8. Owner shall pay any encumbrance associated with the Temporary Construction Easement which is required to be paid, including, but not limited to, property taxes and any past due properly taxes. and interest and penalties thereon. Furthermore. Owner is solely. responsible for the payment of any amounts which may be owed to a third party holding a security interest in the Temporary Construction Easement. COUNTY'S RESPONSIBILITIES: 1. County shall pay for t:he cost of obtaining title insurance if County desires to obtain title insurance for the Temporary Construction Easement. 2. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit A to a level comparable to its original condition. M ISCELj.,ANEOU S l.. Although the date of the transfer of the Temporary Construction Easement shall be the date of County's execution of this Agreement, it is expressly agreed by the parties hereto that immediately upon execution of this Agreement by Owner, County, its contractors, agents. employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Temporary Construction Easement for the purposes of constructing the Road Improvement Project and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said Agirrt for Purchase of Temp Easement -burned Possession Page 2 3975466 Pages: 2 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 �t�QI� G'atill��r'I��'F�l ��i��tJ �� nitaNklyi,if II project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Temporary Construction Easement as may be useful and necessary, ?. This Agreement and the transfer of the Temporary Construction Easement.marle pursuant to the terms herein, shall be binding upon, all and unlit benefrtofaand be enforceable by the parties and their heirs. executors, administrators, successors, and assigns. 3. No term or condition of this contract shall he 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-.lO-iO1 et sect., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made nor authorized any agreement with respect to the subject .platter of this instrument other than expressly set forth herein. This Agreement embodies all agreements between the parties hereto and there are no oral or written promises. terms. conditions, or obligations referring to the subject matter addressed herein other than as contained in this Agreement which shall be binding on either party, or its agents or employees. 5. 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 enlirrcement, 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 plat ties that .any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. b. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. VARRA COMPANIES, INC. By: C = Y, .. j. ` - - r••c. rr- `'it4.J (-•‘?.- /c.' `I'.itle:i' {�{("V '[ :: ...., � f) ::4. ,NTT'- Lf1.-•i S.I ..'LLSt1R�:«- X151,flMkx�+...�.�•�.Y2ViP.4tLd0Yr`1"!"_•vr:M ,_ __....vL•LT.,:,L�:.:��N"rG:^..�.;;.;._.S`.+£"IS';i'5::'eefFli[i5'_ !N1! :L �• 1 :.:fii� Amt for Pll>case 01 'temp Ea::oi:ient-lmmed Possession Page 3 3975466 Pages: 3 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 111111 El:131 r 11111 BOARD OF COUNTY COMMISSIONERS WELD CO T-Y,COLORA.DO ATTEST: Weld Cou tv Clerk to the Board BY: Deputy Clerk "to the Board William!'Garcia, Chair OCT 2 1 2013 • ma=-:.d:funttztvelvtalL .a.wak istiumaanalvf:itaaa rr"r=�rz X47ssmaiaQ0p' ltiillfs'au-T.. Agent for Purchase of Temp Easement-tmn»etd Possession Pwrkt 4 3975466 Pages: 4 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co &kik BIM EXHIBIT - PROPERTY DESCRIPTION NW �.,, -:•., A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, THE PARCEL BEING A PORTION OF SAID NORTHWEST ONE -QUARTER FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3624474 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST AND DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 31 AS BEARING NORTH 01'32'16" EAST A DISTANCE OF 1325.57 FEET TO THE NORTH ONE --SIXTEENTH CORNER OF SAID SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 01'32'16" EAST ALONG SAID WEST UNE A DISTANCE OF. 109.26 FEET; THENCE SOUTH 88'27'44" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 112.20 FEET TO THE POINT OF BEGINNING, THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE COURSES; THENCE NORTH 47'13'23" WEST A DISTANCE OF 61.68 FEET; THENCE NORTH 07'23`27 WEST A DISTANCE OF 166.39 FEET; THENCE NORTH 01'32'16' EAST A DISTANCE OF 264.01 FEET; THENCE NORTH 88'27'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH O1'32'16" EAST A DISTANCE OF 200.00 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 2O'48'19" EAST A DISTANCE OF 216.23 FEET; y THENCE SOUTH 01'32'16" WEST A DISTANCE OF 469.04 FEET TO THE POINT OF BEGINNING. : SAID PARCEL CONTAINS 37,972.67 sf. OR 0.87 QC. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 2352O 1 EMPORARY E.ASEM[NT vARRA COMPANIES INC. WI I. I)COIJNlY,COLORADO pNL Y 3975466 Pages: 5 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III IYUatibi.N.1101, ,h1i1 MiNLIITrl•'il i lid Ill III WELD COUNTY DEPARTMEN I OF PUBLIC WORKS \VC.R 13/26A BRIDGE SCALE. !?6'.T 10-1;1-13 DR,". -ANN .rl': l7Rl-1 SHEET : I o suxa�dtm�rru`s.�.Cc•»••••••�^:,�.-`�31RW�'mabHsf�,s;.xr.r.:zs�c,-e:' I EXH BY -A N hs CORNER - S31'--T3N—R67W 2 ) ' ALUM. CAP STAMPED LS#23500 1999 IN MON. BOX AS PER MON. REC. WATERSIDE LANE LINE TABLE LINE BEARING I DISTANCE L1 NO1'32'16"E I 109.26.' L2 N4713'23'W 61.68' L3 N$$'27'44'W 10.00' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENT[`) LAND SURVEY OR LAND SURVEY PLAT, IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY, TEMPORARY EASEMENT VA1R.R.A COMPANIES INC. "'F1 L) (' )t.'N FY . ((}I @RADO 1-4 C) I S85'27'44" 112.20 s:, ?A' I; , `.,,, I TEMPORARY EASEMENT 37,972.67 sr. OR 0.87 ac.± VARRA COMPANIES INC. P.O.C.. E Y+ CORNER S31- T3N-R67W 2 X ALUM, CAP STAMPED LS#23500 1999 IN MON. BOX AS PER MON. REC. WELD ,J) COUNTY DEPARTM!. N'i OF PUBLIC WORKS WCR 13/26A BRIDGE OJEC1 NO:E'1-8R13,26A of DRA'AiN5 DI; 11 L !+ ' 1 DAT 10.1 -13 3975466 Pages: 6 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO II Hello