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Home My WebLink About20132568.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 42 AND 29 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JACK AND LINDA MCCLELLAN 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 a Temporary Construction Easement for Certain Improvements to County Roads 42 and 29, 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 Jack and Linda McClellan, 13965 CR 42, Gilcrest, Colorado 80623, commencing October 1, 2013, and ending October 1, 2014, or 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 a Temporary Construction Easement for Certain Improvements to County Roads 42 and 29, 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 Jack and Linda McClellan 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. PIM tblcw 2013-2568 EG0068 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT - CRS 42 AND 29 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTES Weld County Clerk to the Board BY: AP Barbara Kirkmeler, Acting ro-Tem y Attorney Date of signatureSEP 2 6 2013 EXCUSED William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem 2013-2568 EG0068 MEMORANDUM TO: Clerk to the Board DATE: September 6, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Temporary Construction Easement with Jack and Linda McClellan for improvements to WCRs 42 & 29. One original is attached. M'.\Francie\AGENDA memos \AgendaLeon-I.docx 2013-2568 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 42 & 29 BETWEEN JACK & LINDA McCLELLAN AND WELD COUNTY, COLORADO THIS AGREEMENT is made this t/ day of , 2013 , by and between Jack and Linda McClellan, whose address is 13965 Weld County Road 42 Gilcrest, CO 80623, 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 Roads 42 & 29, 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 for staging purposes, equipment and materials for 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 he/she/it is the owner 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 -Mimed Possession Page 1 3967855 Pages: 1 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve ®IIIYlMoreeno,e■�IClerk and llRecoorder, ,WWe1`lderClloouunty, CO WII{ ■ 111 anIl v,'A tl.le�ft 1I 10I :, ■I I row: ill ICI II ©/S _ Q7sF 4. This Temporary Construction Easement shall commence on October 1, 2013 and shall expire and be of no further force or effect on October 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 fill 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. The parties agree that County shall pay Owner for the Temporary Construction Easement by County warrant within ten (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. MISCELLANEOUS 1. Although the date of the transfer of the Temporary Construction Easement shall be Agmt for Purchase of Temp Easement-Immed Possession Page 2 3967855 Pages: 2 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III lPdrnilll4hlafrELOTh'bh rillfirairia Li IIIIII 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 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 thebenefitofand be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. 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. 4. 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. 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 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. 6. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of Temp Easement-Immed Possession Page 3 3967855 Pages: 3 of 6 10/02/2013 10:21 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III I01NlIU,Iinii 'hY 4i1.1d34' 1:Nlk'i? A till IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Jack and Linda McClellan BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to Board BY - Deputy Clerk Linda McClellan WELD COT-NTY, COLORADO arliara K eyer,/ Acting ChAir Pro—Tem SEP 1 1 2013 Agmt for Purchase of Temp Easement-Immed Possession Page 4 3967855 Pages: 4 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IFOIVIEQIIITtiriNLIVIEWRIPYOliikki, ®"Ill O2O/s- &St cF EXHIBIT -A SE 1/4 S20-T4N-R66W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION LOT -A OF RECORDED EXEMPTION NO. 1057 -20 -4 -RE -3000 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2842709 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'19'17" WEST A DISTANCE OF 1325.18 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'48'47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 30.07 FEET; THENCE DEPARTING SAID LINE NORTH 00°11'13" EAST TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 42 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 89°48'47" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 55.00 FEET; THENCE NORTH 44'44'45" EAST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 A DISTANCE OF 77.69 FEET; THENCE SOUTH 00°19'17" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,512.50 sf. OR 0.03 ac. 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 23520 3967855 Pages: 5 of 6 10/02/2013 10:21 AM R Fee:$0,00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 IgArilke„MTWAIN:U.144i III III 23520 fan ASS°°•....,.•• Ziff /ONA LR�. "11(11111„� TEMPORARY EASEMENT JACK & LINDA McCLELLAN 13965 WCR42 WELD COUNTY, COLORADO v UNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 I SCALE: DATE: 7-29-13 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT -A SE I/4 S20-T4N-R66W 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. ttli+tsI \\\�Q:t'0 e ° JACK & LINDA McCLELLAN RECP.#2851026 LOT A/RE-3000 °°TF '% RECP.#2842709 23520 Tfl I s i A 3 i r l//,''`ft LAND tS\\\\\`\• 'iiiiiti —E 1/16 CORNER S29-T4N-R66W 2 1/2" A.C. STAMPED 2001 ALLES LS#9644 IN MON. BOX EXISTING 60' RIGHT-OF-WAY RD.BK.2/PG.259 -APR. 7, 1879 -O 0 c0 S 1/16 CORNER S20—T4N—R66W 3 1/4" ALUM. CAP STAMPED McRAE & SHORT LS#7242 1998 TEMPORARY EASEMENT 1,512.50 sf. OR 0.03 ac. S89°48'47"W 1328.87' FARMERS INDPT. DITCH TEMPORARY EASEMENT A 55.00' NOO'11'13"E 30.00' WCR 42 JACK & LINDA McCLELLAN 13965 WCR 42 WELD COUNTY_ COLORADO 3967855 Pages: 6 of 6 10/02/2013 10:21 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1861. • 60. 00' Lti 2 N z Ct LLI CO o o O - to O Q o m z 30.07' RAINBOLT EXISTING 60' RIGHT-OF-WAY RD.BK.2/PG.259 APR. 7, 1879 POC SE CORNER S20-T4N-R66W 2 1/2" ALUM.CAP STAMPED 1995 ALLES LS#9644 IN MON. BOX 000.00/ R FARMERS INDPT. DITCH WIEDEMAN WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 42 AT WCR 29 INTERSECTION PROJECT PROJECT NO: BR -91 DATE: 7-29-13 SCALE: 1"=50' DRAWN BY: JHB SHEET: 2 oft ��11��11Jl i 1!hfi��4ai�f�l�k �lti` IIRFAI4'II'i 11111 // Hello