HomeMy WebLinkAbout20131169.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS- WINDSOR LV II, 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 for the Purchase of
Temporary Construction Easement for Improvements to County Road 23, 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 Windsor LV II, LLC, 1250 East 200 South, Lehi,
Utah, 84043, commencing upon execution of signature and ending upon the 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 Purchase of Temporary Construction Easement for
Certain Improvements to County Road 23, 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 Windsor LV II, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2013-1169
dill cite
EG0068
AGREEMENT FOR PURCHSE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 A - WINDSOR LV II, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2013.
Weld County Clerk to the Board
BY:
APP
YREP
BOARD OF COUNTY COMMISSIONERS
WELD N Y, COLORADO
William . Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
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Date of signature:
arbara Kirkmeyer
2013-1169
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: May 10, 2013
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda
Agreement for Purchase of Temporary Construction Easement on WCR 23 with Windsor LV II,
LLC. In the amount of $300.
M \Prancie\AGENDA memos'AgcndaLeon-I. docx
2013-1169
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN WINDSOR LV H, LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /3 —day of 2013, by and between
Windsor LV II, LLC, whose address is 1250 East 200 South, Lehi, tah 84043, hereinafter referred
to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado
80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter
referred to as "Temporary Construction Easement", and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 23, which
will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement
Project"), and
WHEREAS, County will need said Temporary Construction Easement in order to reconstruct
the existing driveway, which is required in conjunction with the Road Improvement Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement shown and/or described on Exhibit "A" (a copy of which is attached hereto
and made a part hereof by this reference), for the sum of Three Hundred and no/100
Dollars, ($ 300.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
2. Owner warrants that they are the owners of the Temporary Construction Easement
and will defend title thereto against all 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.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 1
.2/f /3 -//&
4. This Temporary Construction Easement shall commence on July 1, 2013, and shall
expire and be of no further force or effect on July 1, 2014, or upon the 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 full 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 property 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 the cost of obtaining title insurance if County desires to obtain
title insurance for the Temporary Construction Easement.
2. County shall pay Owner for the Temporary Construction Easement by County
warrant within thirty (30) days of County's execution of this Agreement.
3. 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.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 2
MISCELLANEOUS:
1. Following the payment by County to Owner for this transfer, it is expressly agreed by
the parties hereto that County, its contractors, agents, employees and all others
deemed necessary by County shall have the temporary irrevocable right to possess
and use the Temporary Construction Easement for the purposes of constructing the
Road Improvement Project and the reconstruction of the existing driveway, 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 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.
2. This Agreement and the transfer of 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.
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 nor authorized any agreement with
respect to the subject matter 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.
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.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 3
7. 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.
WINDSOR LV II, LLC
By:
Title: Managing Member
ATTEST:
Weld County Clerk to the Beard
BY•
Deputy CI '" to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
illiam V Garci hair
MAY 1 32013
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
j1o/3 -//t 7
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: Agreements for purchase of Right of Way on WCR 23 and State Highway 392 intersection
improvement project.
DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: April 19, 2013
PERSON REQUESTING: Dave Bauer, Public Works Director, Wayne Howard, County Engineer, Leon
Sievers, Right of Way Agent
Brief description of the problem/issue:
Weld County is performing the ROW acquisition efforts for this project including acquisition for CDOT ROW on SH
392. Now that historical clearances do not appear to be problematic PW is moving forward on completing the acquisition
of 8 parcels for our joint WCR 23/SH392 intersection improvement project with the Severance, Windsor, and CDOT. At
this time we have obtained agreements with all landowners and we are ready to proceed with the Boards review and
approval on the agreements negotiated for the necessary interests. The acquisition process has been reviewed and
approved by CDOT, as CDOT oversight is required due to the federal funding. Timing is of the essence as PW is ready to
advertise this project for construction and CDOT final clearances are still pending for ROW (upon issuing checks) and
Environmental clearances. We anticipate the project to take the majority of the 2013 construction season and we will be
up against fall weather for completion.
Attached is a summary of the total ROW required which includes 8 agreements with 7 landowners totaling $184,183.00.
The estimated budget amount for the ROW was $200,000. Weld County will use this expenditure as part of the required
20% matching funds for the grant. The summary indicates the values offered for the various parcels, easements and
damages. (The detailed agreements are available but are not included with this pass around due to file size but available if
requested). Effort was made to offer like values per acre on comparable parcels. All landowners have agreed to the ROW
purchase and have been very supportive of the project. Several of the acquisitions will take formal closings by a title
company and will require additional time to complete for this reason.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Accept the value listed in the attachment and have staff present the agreements to the Board at upcoming Board meetings
or schedule a work session to discuss further. Staff would be glad to address questions by the Board by email to help
expedite the process.
Recommendation to the Board:
Negotiations were conducted in good faith with CDOT oversight and values were determined by appraisal or comparable
sales. Staff recommends approving the amounts listed on the attachment and to move forward to accomplish construction
of this project this summer and fall.
Approve Schedule
Recommendation Work Session Comments
William F. Garcia, Chair
Douglas Rademacher, Pro-Tem a�
Sean P. Conway
r
Mike Freeman
Barbara Kirkmeyer
Attachments: Agreement Value Summary
Parcel ROW Map
PARCEL LIST FOR WCR 23/HWY 392
WINDSOR LV II, a Utah Corporation
We are acquiring a Temporary Construction Easement for the construction of a field
entrance. We are acquiring 0.02 acres for $300 which is the minimum amount for a
Temporary Easement. This amount was reviewed and approved by CDOT. Total sum
being paid to this willing seller is $300.00
JAMES AND MARGARET MATTHEWS, Windsor, Colorado
We are acquiring a Temporary Construction Easement for the reconstruction of an
existing driveway. We are acquiring 0.15 acres for $1,100 which is 10% of the land value
of $76,000/ac for this 1 acre lot. The value was determined by using comparable sales in
the area and this amount was reviewed and approved by CDOT. Total sum being paid to
this willing seller is $1,100.00
GEORGE AND JENNY JARBOE, Windsor, Colorado
We are acquiring a Temporary Construction Easement for the reconstruction of an
existing driveway. We are acquiring 0.04 acres for $328.00 which is 10% of the land
value of $76,000/ac for this 1 acre lot. The value was determined by using comparable
sales in the area and this amount was reviewed and approved by CDOT. Total sum
being paid to this willing seller is $328.00
JOEL AND AMBER HAND, Windsor, Colorado
We are acquiring a Permanent Easement for the construction of the WCR 23. We are
acquiring 0.09 acres for $500.00 which is the minimum amount for a Permanent
Easement. The value was determined by using comparable sales in the area and this
amount was reviewed and approved by CDOT. Total sum being paid to this willing seller
is $500.00
WINDSOR LV, Round Rock, Texas
We are acquiring 3.68 ac of Right of Way for CDOT and 6.62 ac of Right of Way for Weld
County. We are also acquiring a total of 0.36 acres of Temporary Construction Easement
in five separate parcels. We are reimbursing the owner $103,000.00 for the 10.3 acres
of right of way and a total of $360.00 for the Temporary Construction Easements. The
land value was based on three appraisals, one completed late last year and two
completed for this project. The agreed to amount is $10,000/ac and is a value that is
within the upper range of a value that is between the highest and lowest amounts. In
addition we are reimbursing the land owner the sum of $20,329.00 for the construction
of an irrigation siphon pipe that will be under our new roadway to enable the landowner
to irrigate the land on the other side of the new road. This value for the siphon was from
an estimate prepared by Quality Well and Pump and the amount is fair for this type of
work.
In addition, we are reimbursing the landowner $2750.00 for a utility easement to
relocate an existing DCP Midstream pipeline that is currently in a private easement but
will be under our new road. We are paying DCP to relocate this line away from our road
and this represents the new private easement between Windsor LV and DCP. Total sum
being paid to this willing seller is $126,439.00
MERRILL AND SHIRLEY TREGONING AND JAMES AND MARGARET MATTHEWS, Windsor,
Colorado
We are acquiring 0.36 ac of Right of Way for CDOT and 0.48 ac of Right of Way for Weld
County. We are also acquiring a total of 0.03 acres of Temporary Construction
Easement. We are reimbursing the owner $8,400.00 for the 0.84 acres of right of way
and a total of $300.00 (our minimum amount) for the Temporary Construction
Easements. The original offer was based on an appraisal that was completed for this
project. However, the agreed to amount is $10,000/ac and is a value that is higher than
the appraised amount but is equal in amount to the Windsor LV per acre price. Although
Windsor LV is a larger farm, both farms are equal in type so it seemed appropriate to
offer the same amount. Total sum being paid to this willing seller is $8,700.00
MATTHEW AND MELANIE BRIER, Windsor, Colorado
We are acquiring 0.69 ac of Right of Way for CDOT and 0.19 ac of Right of Way for Weld
County. We are also acquiring a total of 0.22 acres of Temporary Construction Easement
in two separate parcels. We are reimbursing the owner $9,680.00 for the 0.88 acres of
right of way and a total of $300.00 (our minimum amount) for the Temporary
Construction Easements. The land value was based on two appraisal reports completed
for this project. The appraised amount is $11,000/ac and that amount was reviewed and
approved by CDOT, In addition we are reimbursing the land owner the sum of
$36,836.00 for the cost of replacing 1972 If of fence, 1960 If of concrete lined irrigation
ditch, an irrigation culvert and the value of 25 trees. Total sum being paid to this willing
seller is $46,816.00
Total of Above ROW - $184,183
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Temporary Easement Number: TE- 8
FROM
WINDSOR LV II LLC
1250 E. 200 South Ste. 2D
Lehi, UT 84043
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
And CR 23 realignment
1 of 3
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
TEMPORARY EASEMENT: TE-8
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Temporary Easement No. TE-8 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.02 acres, more or less, in Lot C of
Recorded Exemption No. 0807 -14 -1 -RE 3536 in the Northeast One -Quarter of Section 14, Township 6 North,
Range 67 West of the 6`h Principal Meridian, Weld County, Colorado, said parcel being more particularly described
as follows:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 67 WEST;
Thence South 89°40'24" West along the south line of said Northeast One -Quarter a distance of 30.00 feet to a
point on the existing westerly right-of-way line of Weld County Road 23 and being the TRUE POINT OF
BEGINNING;
1. Thence continuing along said line South 89°40'24" West a distance of 35.00 feet;
2. Thence North 00°15'18" East a distance of 30.36 feet;
3. Thence South 89°44'42" East a distance of 35.00 feet to a point on said existing right-of-way line;
4. Thence South 00'15'14" West a distance of 30.01 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains sf. 1,056.39 or 0.02 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the east line of said Southeast One -Quarter as bearing
South 00°15'18" West a distance of 2673.94 feet from the East One -Quarter corner to the Southeast corner of
Section 14, Township 6 North, Range 67 West and described as shown.
For and on behalf of Weld Count
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 8063
cf
23520
•
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2 of 3
EXHIBIT -A
NE 1/4 514-T6N-R67W
TE-8
WINDSOR LV II LLC
PARC.#0807 14100029
RECP.#3368215
LOT C/RE-3536
LINE TABLE
L1
589'40'24"W
30.00'
L2
589'40'24"W
35.00'
L3
NOO'15'18"E
30.36'
L4
589'44'42"E
35.00'
L5
50015'14"W
30.01'
TEMPORARY
EASEMENT
1,056.39 sf.
OR 0.02 ac.
NTNDS(IR
LV LL(
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
R
0011I lul(//ii 2520 -531
AV.j_ t 1
////1 \\
60' _
P.O.B.
EXISTING R.O.W.
RD.BK-3/PG-48
JAN. 11, 1882
KINAPDY
SI BDV.
P.O.C. E 1/4 COR.
S14-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#22098 IN
MON. BOX
DAVID
SI ILONIRIJ((. EI
0I
'SE
COR.
S14-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#33642 IN
MON. BOX
TEMPORARY
EASEMENT
WINDSOR LV II LLC
SII 392 & WCI( 23
WELD COUNTY. COLORADO
;86i ftt
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 et WCR 23
COOT PROJECT NO# STU C030-043
CDOT PROJECT CODE: SA 18121
SCALE
DATE:
10-12-I
DRAWN BY:
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