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Home My WebLink About20132962.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE ACQUISITION PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 69 AND AUTHORIZE CHAIR TO SIGN - 70 RANCH, 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 Acquisition Purchase of a Temporary Construction Easement for Certain Improvements to County Road 69, 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 70 Ranch, LLC, 8301 E. Prentice Avenue, Greenwood Village, Colorado 80111, commencing October 10, 2013, and ending on April 10, 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 Acquisition Purchase of a Temporary Construction Easement for Certain Improvements to County Road 69, 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 70 Ranch, 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. ee,`/g/i)KLeo4) //- 2013-2962 EG0068 AGREEMENT FOR THE ACQUISITION PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 69 - 70 RANCH, 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‘, Weld County Clerk to the B BY: AP Deputy CI-� to the Boa DA f rSRM: ou• Attorney Date of signature: //S/ William F. ugla adem nhair ce Sean P. Conway Mike Freeman EXCUSED Barbara Kirkmeyer her, Pro-Tem 2013-2962 EG0068 MEMORANDUM TO: Clerk to the Board DATE: October 16, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Acquisition Purchase of Temporary Construction Easement for Certain Improvements to WCR 69 with 70 Ranch, LLC. dated October 15, 2013. One original agreement is attached. M:\Franci°\AGENDA memos \ASendaUcon3docx 2013-2962 AGREEMENT FOR THE ACQUISITION PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 69t BETWEEN 70 RANCH, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this i ei day of O..44 , 2013, by and between 70 Ranch, LLC, whose address is 8301 E. Prentice Avenue, Greenwood Village, Colorado 80111, 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." WITNESSE'l'H: 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 69, as a result of the flooding of September 2013, 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 and place fill material which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project by transferring the Temporary Construction Easement to County at no cost to County. NOW, THEREFORE, the parties herein agree as follows: OWNER'S RESPONSIBILITIES: I . Owner agrees to transfer and County agrees to accept the transfer of 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) at no cost to the County.. 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. 4. This Temporary Construction Easement shall commence on October 10, 2013, and shall expire and be of no further force or effect on April 10, 2014, or upon the • Agmt for Purchase of Temp Easement-Immed Possession Pagc 3975465 Pages: 1 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co IllikirdligripihrilrigliiiiiligAngrAlAilaillild1l III Dl �?9,02 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, 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 l . 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 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 Agmt for Purchase of Temp Easement-Immed Possession 3975465 Pages: 2 of 6 11/04/2013 11:03 Aft R Fee:$0.00 Steve Moreno, Clerk a -a Reco,:;er. ',fold County, CO Hat? Page 2 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. [N WITNESS WHEREOF, the parties have set their hands on the day and year first above written. 70 RANCH, LLC By:, Title: .)}/','i p ':.'r- Agrnt for Purchase of Temp Easement-Immed Possession Page 3 3975465 Pages: 3 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO viii �ifid ,1%9 Ii��'�� :u��"c� � �' �� I �''�, ,l III BOARD OF COUNTY COMMISSIONERS WELD COY, COLORADO ATTEST: R- iIQam F. Garcia, Chair Weld County Clerk to the Board BY. Deputy Cler to the Board 3975465 Pages: 4 of 6 11/04/2013 11:03 AM R Fee:$0,00 Steve Moreno, Clerk and Recorder, Weld County, CO ■Ilf ICNI I4',/1.Mit�i, Ill III OCT 2 1 2013 Agent for Purchase of Temp Easement-Immed Possession Page 4 a,7z)/3 a'9eq EXHIBIT -A S34-T5N-R63W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND IS A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3137261 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 40.00 FEET OF THE EASTERLY 65.00 FEET LYING NORTH OF THAT QUITCLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 244OO48 AND LYING SOUTH OF THE AMENDED COTTONWOOD FALLS P.U.D. FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3465185. SAID PARCEL CONTAINS 50,002.05 sf. OR 1,15 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 3975465 Pages: 5 of 6 11/04/2013 11:03 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder: Weld County, CO ■III litirigigU rNg I� �� '��I� IhL i �L��h IlI III TEMPORARY EASEMENT 70 RANCH LLC WEL1) COUNTY, COLORADO ! T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 69 FLOOD PROJECT PROJECT NO: EM-I3R69/380A SCALE: DATE:10-I0-I3IDRAWN ©Y: DRF-I SHEET: I oft EXHIBIT -A S34-T5N-R63W C(Yfl'O.N\t'(.)OI:) P.U.D. R Ec T.11 3.163 I R5 70 RANCH LLC RECP.# 3137261 'L 7, 4O - TEMPORARY ESMT. 50,002.05 sf, OR 1.15 ac.* EXISTING 1OO' ROW REC#2440048 MAY 22, 1995 --- 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. co co N -a EXISTING 60' ROW REC#3465185 MARCH 29, 2OO7 E 1/4 COR S34-T5N-R63W TH R:' Vi`''i- 1..L(;' C 1t. EXISTING 5O' ROW BK212, PG78 FEB. O7, 19O5 SE COR S34-T5N-R63W TEMPORARY EASEMENT 70 RANCH LLC WELD COUNTY. COLORADO r... 1861 =r v N T ,r r WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 69 FLOOD PROJECT PROJECT NO: EM-BR69/380A SCALE: i"=400 DATE:10-10-I3 DRAWN BY:DRH SHEET: 2 of2 3975465 Pages: 6 of 6 11/04/2013 11:03 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder: Weld County, CO X111 Elr Ifig U rVIVIY, I I`k4 VOA KI Hello