HomeMy WebLinkAbout20131059.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PIPELINE RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - WINDSOR LV, 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
Pipeline Right -of -Way 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, LLC, 3821 Derby Trail, Round Rock, Texas,
78681, 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 Pipeline Right -of -Way 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, LLC, 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.
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 OUNTY COMMISSIONERS
WELD COLORADO
ATTES
Weld County Clerk to t
BY:
AP
oun y Attorney
EXCUSED
Date of signature: 5/a.
Wil1Yam F` Garcia, Chair
naVirrk et.A. I
Douglas Radem=cher, Pro-Tem
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
2013-1059
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: April 26, 2013
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda
Agreement for Purchase of Pipeline ROW for improvements to WCR 23 with Windsor LV, LLC
in the amount of $2,750.
M:\Francie\AGENDA memos\Agendareon-2 docx
2013-1059
• 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
p.7
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
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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 x Yes 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 I 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 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 I 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 I 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. 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 I 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 Complete Yes 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 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 I 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 I Complete Yes 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 I CTB Document No.:
Contract Description:
Contract Name: Complete Yes I CTB Document No.:
Contract Description:
AGREEMENT FOR THE PURCHASE OF PIPELINE RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN WINDSOR LV, LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of , 2013, by and between Windsor
LV, LLC whose address is 3821 Derby Trail, Round Rock, Texas, 78681, 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 "UE-6" (hereinafter
referred to as "Pipeline Right -of -Way", 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 must acquire said Pipeline Right -of -Way on behalf of a third party (DCP
Midstream, LP, hereinafter referred to as "DCP"), in order to allow said third party to relocate its
facilities thereby allowing County to complete said 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 RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell to DCP and County agrees to pay for the Pipeline Right -of -Way
Grant, as shown and/or described on Exhibit "UE-6" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Two Thousand Seven
Hundred Fifty and no/100 Dollars, ($2750.00). The parties acknowledge and agree
that said purchase price represents full, fair and valuable consideration.
2. Owner warrants that he is the Owner of the area described in Exhibit "UE-6" and will
defend title thereto against all claims.
3. Owner agrees to grant the Pipeline Right -of -Way Grant to DCP by execution of a
Pipeline Right -of -Way Grant (a copy of which is attached hereto and made a part
hereof as Pipeline Right -of -Way Grant Exhibit A), free and clear of all liens and
encumbrances, except existing easements.
Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 1
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Steve Moreno, Clerk and Recorder, Weld County, CO
M)cad ialiali1/211hlerViV JIM ihIal'w !I III
Ad 3-105'/
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. The parties agree that County shall, on behalf of DCP, pay Owner for the Pipeline
Right -of -Way by County warrant at the date of the transfer of title.
MISCELLANEOUS:
1. Although the date of the transfer of the Pipeline Right -of -Way shall be the date of the
transfer of title, it is expressly agreed by the parties hereto that upon execution of this
Agreement by County and Owner, County and/or DCP, its contractors, agents,
employees and all others deemed necessary by County shall have the irrevocable
right to possess and use said Permanent Easement for the purposes of relocating
DCP's pipeline and 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 the Pipeline Right -of -Way as may
be useful and necessary.
2. This Agreement and the transfer of the Pipeline Right -of -Way made pursuant to the
terms herein, shall be binding upon, all and inure to the benefit of and be
enforceable by the parties and DCP 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 or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the terms
herein contained 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 DCP, 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 Perm Easement-Immed Possession Before Transfer Page 2
3933455 Pages: 2 of 6
05/20/2013 11:10 AM R Fee:$0.00
Steve III Moreno, pp Clerk �and Recorder, f Weld I County, CO, WW����
in F.1[0111371 ieelR��ira'r111�i Ri5'L1Yh!'�fi�ii Yffa�ffi ,III
7. This Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
8. 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, LLC
By:
Title: Managing Member
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F.
Weld County Clerk to the Bo
BY.
Deputy Cle
to the Board
3933455 Pages: 3 of 6
05/20/2013 StII�P�1Clerk
and Recorder, Weld County, CO
wllll
cia, Chair
MAY 0 1 2013
Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 3
�0I3-Io5°I
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Utility Easement Number: UE-6
FROM
Windsor LV LLC
812 Market Crest Dr.
Las Vegas, NV 89110
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
And CR 23 realignment
3933455 Pages: 4 of 6
05/20/2013 11:10 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
Ell PrA4PiNty4 a:1,6 RJr lG1�wi� �tikihlt�Y4rh RI III
1 of 3
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU CO3O-043
UTILITY EASEMENT NUMBER: UE-6
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Utility Easement No. UE-6 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.55 acres, more or less, in the
Southeast One -Quarter of Section 14, 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 SOUTHEAST CORNER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 67 WEST;
Thence North 00'15'18" East along the east line of said Southeast One -Quarter a distance of 104.98 feet;
Thence North 89°44'42" West 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 POINT OF BEGINNING;
1. Thence North 89°47'10" West a distance of 1199.08 feet;
2. Thence North 38"19'33" West a distance of 25.57 feet;
3. Thence South 89°47'10" East feet to a point on said westerly right-of-way line a distance of 1215.03 feet;
4. Thence South 00°15'18" West along said right-of-way line a distance of 20.00 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 24,141.05 sf. or 0.55 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the south line of said Southeast One -Quarter as
bearing North 89'47'10" West a distance of 2616.22 feet from the Southeast corner to the South One -Quarter
corner of Section 14, Township 6 North, Range 67 West and described as shown.
For and on behalf of Weld County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
3933455 Pages: 5 of 6
05/20/2013 11:10 AM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
®III Moreno,
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WINDSOR LV LLC
10595 SH 392
WINDSOR, CO
EXHIBIT -A
PROJECT NO. STU C030-043
PROJECT CODE: SA 18121
PARCEL NO. UE-6
OCT. 12, 2012
SHEET: 3 OF 3
WCR 23
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.
23520 o
/��'�isSf�NALI f�\\`\��
MATTHEW W. BRIER
MELANIE L. BRIER
LOT B/RE-3468
NE I/4 ��
t�Y
P.O.C. SE COR:
S14-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#33642 IN
MON. BOX
r_______________
.._.._. _STAGECOACH __________
-01.i
40'
S 1/4 COR.
S14-T6N-R67W
2-1/2" ALUM.
PIPE STAMPED
LS#20685
IN MON. BOX
0
P.O.B.
N89'47'10"W
O
tri
cV
S89°47'10"E
N38°19'33'W
25.57'
UTILITY
EASEMENT
24,141.05 sf.
OR 0.55 ac.
WCR 23
"REAUGNMENT
RIGHT-OF-WAY
WELD COUNTY
SE' 1/4
SW —Mr —AMP
SCALE: I" = 100'
UE-6
WINDSOR LV LLC
PARC.#080714000009
RECP.#33 10933
EXISTING R.O.W.
BK-1345/PG-161
DEC. 5, 1952 AND
RD.BK-1 /PG -88 1871
20'
EXISTING R.O.W.1
RD.BK-3/PG-48
JAN. 11, 1882
SOO°15'18"W
20.00'
E 1/4 COR.
S14-T6N-R67W
3-1/4" ALUM.
CAP STAMPED
LS#22098 IN
MON. BOX
MOO' 42"W 1T IY({ �'l1q NO015'18"E
30.00' V � 11.i11�
_.._.. 2673.94'-
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