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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 e 0 a 3 L EtEt m v N t C 0 2 El 8N di !ht. 0 v In C 0 v m N 8 I 8 g 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 3933455 Pages: 1 of 6 05/20/2013 11:10 AM R Fee:$0.00 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, I Xlii`.F3ti+�C 44�?�R+i�N�h�l l ilk 11 III \\\‘'Fr IS S F %. 23529 /S'/'0 JAL II?s. c, 2 of 3 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'- Hello