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Home My WebLink About20132960.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 61 AND AUTHORIZE CHAIR TO SIGN - SLW FARM COMPANY, 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 Certain Improvements to County Road 61, 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 SLW Farm Company, LLC, 822 7th Street, Greeley, Colorado 80631, commencing October 4, 2013, and ending on April 4, 2014, or upon 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 Road 61, 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 SLW Farm Company, 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. CrC7 ' {l2) �L.eEJJ�) "-7 2013-2960 EG0068 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 61 - SLW FARM COMPANY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i, Weld County Clerk to the Boar emacher, ro-Tem . _ can P. Conway Mike Freeman Date of signature: /0/9/ 2013-2960 EG0068 MEMORANDUM TO: Clerk to the Board DATE: October 16, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for Purchase of Temporary Construction Easement for Certain Improvements to WCR 61 with SLW Farm Company, LLC dated October 9, 2013. One original agreement is attached. M:Wrancie\AGENDA memos \AgendaLeond.docx 2013-2960 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 61, BETWEEN SLW FARM COMPANY, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this d day of e c 1 , 2013, by and between SLW Farm Company, LLC, whose address is 822 71 Street, Greeley, Colorado 80631, 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 61, 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 construct the roadside ditches 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 Five Hundred and no/100 Dollars, ($500.00). 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-Immed Possession Page I 3975467 Pages: 1 of 6 11/04/2013 11:03 RM R Fee;$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 M!r1Rr4't?�°I�h:��:lu+�l � t ' G4aI� Rs16�l Y1 tl III 6QOL 6O 4. This Temporary Construction Easement shall commence on October 4, 2013, and shall expire and be of no further force or effect on April 4, 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. The parties agree that County shall pay Owner for the Temporary Construction Easement by County warrant within twenty (20) 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. County will seed the easement area when the road improvement project is completed. MISCELLANEOUS 1. Although the date of the transfer of the Temporary Construction Easement shall be the date of County's execution of this Agreement, it is expressly agreed by the parties Agmt for Purchase of Temp Easement-Immed Possession Page 2 3975467 Pages: 2 of 6 1/4/2013 StevOe Moreno, 1 Clerk 1:03 and Recorder, M R 0 Weld County, CO VIII liP1QI41tcri IflAhri GVI 111111 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 the benefit of and 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Agmt for Purchase of Temp Easement-Immed Possession Page 3 3975467 Pages: 3 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO elm poraP+i14vietritiael Di: III SLW FARM COMPANY, LLC By: man a9+- -1 Title: ATTEST: Weld County Clerk to the Board BY Deputy Clerk to the Board 3975467 Pages: 4 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County: CO ®IIIWili ! 14:111+iIF,4iKL'vRiliil1/2MiIhiii,ttill BOARD OF COUNTY COMMISSIONERS WELD COTY, COLORADO 7 William F. Gaicia, Chair OCT 2 1 2013 Agmt for Purchase of Temp Easement-Immed Possession Page 4 a22/3- &9 EXHIBIT -A S24-T5N-R64W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND IS A PORTION OF DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3550066 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20.00 FEET OF THE EAST 50.00 FEET OF THE SOUTH 1100.00 FEET. SAID PARCEL CONTAINS 22,000.00 sf. OR 0.51 cc. 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 3975467 Pages: 5 of 6 11/04/2013 11:03 fill R Fee:30.00 Steve Moreno, Clerk and Recorder. Weld County: CO ■III �l�al l�+� hh� liitihriLN.+Ma 1:11 MON till TEMPORARY EASEMENT ACQUISITION SLW FARM CO. LLC WELD COUNTY, COLORADO C 1861 LINTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 61 FLOOD PROJECT PROJECT NO: SCALE: DATE: 10-4-13 DRAWN BY: DRH SHEET: 1oft EXHIBIT -A S24-T5N-R64W NE Y. S24-1 .5N -R640/ SLW FARM CO. LLC RECP.# 3550066 ACQUIRED TEMPORARY EASEMENT 22,000.00 sf. OR 0.51 ac.± 20' _ NW COR S19-T5N-R63W .N'If 44 Sly -755-R63 tf EXISTING 60' ROW BK.83/PG.31 JAN. 19, 1897 OCI-ISNER RECP.# 2648576 3975467 Pages: 6 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11 111 W 1/4 COR S19-T5N-R63W 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 ACQUISITION SLW FARM CO. LLC WELD COUNTY, COLORADO \WENTZ G0 -T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 61 FLOOD PROJECT PROJECT NO: SCALE: 1"=400 DATE: 10-4-13 DRAWN BY:DRI-I SHEET: 2 of 2 Hello