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HomeMy WebLinkAbout20131057.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 AND AUTHORIZE CHAIR TO SIGN - JAMES AND MARGARET MATTHEWS 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 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 James and Margaret Matthews, 10624 Highway 382, Windsor, Colorado, 80550, commencing upon execution of signature, and ending upon completion of said project, 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 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 James and Margaret Matthews be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. . Poo s(i1 2013-1057 EG0068 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 - JAMES AND MARGARET MATTHEWS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of May, A.D., 2013. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the B.' �rlAt BY: Deputy Clerk to the Bo APPR! , AS RM: ou y orney Date of signature: (1G Barbara Kirkmeyer WELD C TY, COLORADO 7 William F. Ga ccia, Chair Sean P. Conway Mike Freeman EXCUSED 2013-1057 EG0068 MEMORANDUM TO: Clerk to the Board DATE: April 26, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Agreement for Purchase of Temporary Construction Easement for improvements to WCR 23 with James and Margaret Matthews in the amount of $1,150. M'.\Francie\AGENDA memos \AgendaLeon-4 docx 2013-1057 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. William F. Garcia, Chair Douglas Rademacher, Pro-Tem Sean P. Conway Mike Freeman Barbara Kirkmeyer Approve Schedule Recommendation Work Session ttilo aTh' Comments 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 a O 3 0 01 N C N O a V Location: VCR 23 0 SA c Lk El A bet. C N a, v N 8 'P HWY PI �L3 Qby'o • WCR 23 and SH 392 Intersection Improvements Contract/Agreements Checklist Last Update 4/22/13 1.) Contract Name: CDOT IGA I Complete x Yes I CTB Document No.: 2011-0301 Contract Description: IGA between Weld and CDOT to accept the state and federal grant funds. Design phase authorized funds = $300,000. Construction phase authorized funds = $2,327,000. 2.) Contract Name: Windsor Design IGA Complete xYes CTB Document No.: 2011-0554 Contract Description: IGA between Weld and Windsor stipulating the cost sharing for the design services. Windsor agrees to pay a portion of design costs in the amount of $25,000. 3.) Contract Name: Severance Design IGA Complete x Yes I CTB Document No.: 2011-0555 Contract Description: IGA between Weld and Severance stipulating the cost sharing for the design services. Severance agrees to pay a portion of design costs in the amount of $25,000. 4.) Contract Name: Muller Design PSA I Complete x Yes I CTB Document No.: 2011-1284 Contract Description: Design contract with Muller Engineering Company. Consultant selection made using the CDOT- approved QBS process. Design contract original amount = $330,100. 5.) Contract Name: Severance Const. IGA I Complete x Yes I CTB Document No.: 2013-0282 Contract Description: IGA between Weld and Severance stipulating the cost sharing for the construction. Severance agrees to pay a portion of the construction costs in the amount of $100,000. 6.) Contract Name: Windsor Construction IGA Complete x Yes CTB Document No.: 2013-0409 Contract Description: IGA between Weld and Windsor stipulating the cost sharing for the construction. Windsor agrees to pay a portion of the construction costs in the amount of $150,000. 7.) Contract Name: DCP Gas Utility Agreement Complete x Yes CTB Document No.: 2013-0541 Contract Description: Gas line relocation agreement with requirements and cost reimbursement for relocating existing facilities which conflict with the new roadway construction, in the amount of $72,324.20. 8.) Contract Name: Muller Change Order No.1 Complete x Yes CTB Document No.: 2011-1284 Contract Description: Change order to Muller Engineering design contract related to additional services for CDOT historical clearances, in the amount of $12,002. 9.) Contract Name: Windsor LV LLC R.O.W. I Complete Yes I CTB Document No.: Pending Contract Description: ROW and Easement purchase agreement with Windsor LV LLC in the amount of $126,439. 10.)Contract Name: Brier R.O.W. I Complete Yes I CTB Document No.: Pending Contract Description: ROW and Easement purchase agreement with Matthew and Melanie Brier in the amount of $46,816. 11.)Contract Name: Tregoning R.O.W. Complete Yes CTB Document No.: Pending Contract Description: ROW and Easement purchase agreement with Merrill and Shirley Tregoning, and James and Margaret Matthews (co -owners) in the amount of $8,700. 12.)Contract Name: Matthews Easement Complete Yes I CTB Document No.: Pending Contract Description: Easement purchase agreement with James and Margaret Matthews in the amount of $1,100. 13.)Contract Name: Hand Easement I Complete Yes I CTB Document No.: Pending Contract Description: Easement purchase agreement with Joel and Amber Hand in the amount of $500. 14.)Contract Name: Jarboe Easement I Complete Yes I CTB Document No.: Pending Contract Description: Easement purchase agreement with George and Jenny Jarboe in the amount of $328. 15.)Contract Name: Windsor LV II Easement Complete Yes I CTB Document No.: Pending Contract Description: Easement purchase agreement with Windsor LV II LLC in the amount of $300. WCR 23 and SH 392 Intersection Improvements Contract/Agreements Checklist Last Update 4/22/13 16.)Contract Name: Xcel HP Gas Agreement I Complete Yes J CTB Document No.: Pending Contract Description: Gas line relocation agreement for requirements and stipulation the cost reimbursement for relocating existing facilities which conflict with the new roadway in the amount of $175,000. 17.)Contract Name: NWCWD Agreement I Complete Yes I CTB Document No.: Contract Description: Water line relocation agreement for requirements and stipulating the cost reimbursement for relocating existing facilities which conflict with the new roadway. 18.)Contract Name: Construction Services PSA Complete Yes I CTB Document No.: Contract Description: Engineering consultant contract for construction inspection and materials testing. Consultant selection made using the Qualification Based Selection (QBS) process. 19.)Contract Name: Construction Agreement I Complete Yes I CTB Document No.: Contract Description: Low bid construction contract agreement with a General Contractor. Requires concurrence to award from CDOT Contracts Branch. Contract Name: I Complete Yes CTB Document No.: Contract Description: Contract Name: Complete Yes I CTB Document No.: Contract Description: AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23, BETWEEN JAMES AND MARGARET MATTHEWS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of , 201 _, by and between James and Margaret Matthews, whose address is 10624 Highway 392, Windsor, Colorado 80550, 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 One Thousand One Hundred Fifty and no/100 Dollars, ($ 1,150.00). 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 I/ 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. James Matthews Title: Owner ATTEST: Weld County Clerk ti the Board BY: Deputy Cler "to the Board Margar-t Matthe By. Title: Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO llianF. if N arcia, Chair MAY 0 1 2013 Agmt for Purchase of Temp Easement -Possession Following Payment Page 4 AO/ 3-/65� WELD COUNTY REAL PROPERTY TO BE ACQUIRED Temporary Easement Number: TE-4 FROM James W. Matthews and Margaret M. Matthews 10624 SH 392 Windsor, CO 80550 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-4 DATE: Oct. 12, 2012 LEGAL DESCRIPTION A Temporary Easement No. TE-4 of Weld County, and being part of the Department of Transportation, State of Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.15 acres, more or less, in Lot A of Recorded Exemption No. 0807 -23 -1 -RE 1031 in the Northeast One -Quarter of Section 23, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West; Thence North 89°47'10" West along said north line a distance of 1736.06 feet; Thence South 00°12'50" West a distance of 32.67 feet to a point on the existing southerly right-of-way line of Colorado State Highway 392 and being the TRUE POINT OF BEGINNING; 1. Thence South 01°31'32" West a distance of 29.01 feet; 2. Thence North 89°44'32" West a distance of 42.00 feet; 3. Thence South 00°15'28" West a distance of 33.00 feet; 4. Thence North 89°44'32" West a distance of 62.00 feet; 5. Thence North 00°15'28" East a distance of 35.00 feet; 6. Thence North 89'44'32" West a distance of 57.00 feet; 7. Thence North 00°15'28" East a distance of 27.00 feet to a point on said southerly right-of-way line; 8. Thence South 89°44'32" East along said right-of-way line a distance of 161.64 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 6,610.31 sf. or 0.15 ac. more or less. Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter corner of Section 23, Township 6 North, Range 67 West and describeed 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 0001 tl 04, J s 23520, 3 Q 2 of 3 MATTHEWS 10624 SH 392 WINDSOR, CO EXHIBIT -A PROJECT NO. STU C030-043 PROJECT CODE: SA 18121 PARCEL NO. TE-4 Oct. 12, 2012 SHEET: 3 OF 3 EXISTING R.O.W. BK-1345/PG-162 DEC. 5, 1952 AND RD.BK-1/PG-88 1871 413 -A- N89'44'32"W -N 1/4 COR. S23-T6N-R67W 2-1/2" ALUM. PIPE STAMPED LS#2O685 IN MON. BOX 1/4 WINDSOR LV LLC N89'47'1O"W 2616.22' BASIS OF BEARINGS TE-4 JAMES W. MATTHEWS MARGARET M. MATTHEWS PARC.#080723000043 RECP.#2 134857 LOT A/RE-1O31 LINE TABLE L1 SO1'31'32"W 29.01' L2 N89'44'32"W 42.00' L3 SOO'15'28"W 33.00' L4 N89'44'32"W 62.00' L5 NOO'15'28"E 35.00' L6 N89'44'32"W 57.00' L7 NOO'15'28"E 27.00' L8 589'44'32"E 161.64' 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. TEMPORARY EASEMENT 6,610.31 sf. OR 0.15 ac. NE COR. S23-T6N-R67W 3-1/4" ALUM. CAP STAMPED LS#33642 IN MON. BOX-\ 1736.06' , P.O.C SOO 12'5O"W 32.67' P.O.B. SCALE: I" = 60' NE 1/4 S2-11N-R67W \\\\\1\1111! I I q REG = O L 23520 :::- , . ,,\'‘', y�/Uj.4L lA.\.. . t,i, 11! 1111'v • SHIRLEY E. TREGONING LIVING TRUST MERRILL E. TREGONING MARGARET M. MATTHEWS JAMES W. MATTHEWS LOT B/RE-1031 Hello