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Home My WebLink About20133307.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 55 AND AUTHORIZE CHAIR TO SIGN - WELDCO FARMS, 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 Purchase of Temporary Construction Easement for Improvements to County Road 55, 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 Weldco Farms, LLC, 1919 14th Street, Suite 300, Boulder, Colorado 80302, commencing November 1, 2013, and ending December 31, 2014, or the 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 easement, 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 Purchase of Temporary Construction Easement for Improvements to County Road 55, 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 Weldco Farms, 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. CC Pw 2013-3307 EG0068 TEMPORARY CONSTRUCTION EASEMENT - CR 55 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D., 2013, nunc pro tuns November 1, 2013. BOARD OF COUNTY COMMISSIONERS WELD C@7 hTY,-fOLORADO Weld County Clerk to the Board BY: APP ot Attomey Date of signature: DEC 1 6 2013 2 . Garcia, Chair 7'7S o-0 dird DouglastRadema er, Pro -Tern P �. n P. Conway SED Freeman USED arbara Kirkmeyer 2013-3307 EG0068 MEMORANDUM TO: Cleric to the Board DATE: November 25, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Temporary Construction Easement for Certain Improvements to WCR 55 with Weldco Farms, LLC. M:Trancie\AGENDA memos \AgendaLeon-1.docx 2013-3307 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 55., BETWEEN WELDCO FARMS LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this I VI -day of November, 2013, by and between Weldco Farms LLC, whose address is 1919 14th Street, Suite 300, Boulder, Colorado 80302, 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 55, 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 a fence 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 patties 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 Three Hundred and no/100 Dollars, ($300.00). 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, arising by, through or under Owner, and except existing easements. 4. This Temporary Construction Easement shall commence on November 1, 2013, and shall expire and be of no further force or effect on December 31, 2014, or upon the completion of the Road Improvement Project, whichever is earlier. Agmt for Purchase of Prop for ROW -Immed Possession Before Transfer Page 1 4841-5038-4405.7 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 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 the sum of Three Hundred and no/100 Dollars, ($300.00) for the Temporary Construction Easement by County warrant at a date no later than two (2) weeks following 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 not deposit soil or other materials or machinery on the Temporary Construction Easement. 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 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 the construction of the fence, and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land within the Temporary Construction Easement for the, access, repair and maintenance of said project, including the rights of entry Agmt for Purchase of Prop for ROW -Immed Possession Before Transfer Page 2 upon, and passage over, such Temporary Construction Easement as may be useful and necessary. County shall not deposit excavated earth, or store materials and machinery upon such Temporary Construction Easement, 2. This Agreement and the transfer of the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon all and shall 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. Agmt for Purchase of Prop for ROW -Immed Possession Before Transfer Page 3 4841-5038-4405.7 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Weldco Farms LLC By: (4-44.1t0,9,p, Daniel J. PYacke Title: Vice President ATTEST: , Weld County Clerk to he Bo. rd BY. Deputy Cler "to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William. Garcia, Chair DEC 0 2 2013 Agmt for Purchase of Prop for ROW -Immed Possession Before Transfer Page 4 4841-5038-4405.7 0V/3-33°7 EXHIBIT -A NE 1/4 S21-T6N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 21, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT C OF RECORDED EXEMPTION NO. 0801-21-1-RE1984 (RE -1984) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2542261 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 21, TOWNSHIP 6 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 00'26'41" EAST A DISTANCE OF 2606.87 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 21, TOWNSHIP 6 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 0026'41" EAST ALONG THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER A DISTANCE OF 373.42 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'33'20" WEST TO THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 55 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH FEET; THENCE SOUTH THENCE NORTH THENCE NORTH THENCE NORTH THENCE NORTH THENCE NORTH THENCE NORTH DISTANCE OF 11 THENCE NORTH FEET; THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE NORTH 00'26'41" EAST ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 10.00 89'33'20" WEST 00'26'41" WEST 23°11'58" WEST 53'46'27" WEST 88'41'03" WEST 69'11'31" WEST 4211'37" WEST 0.98 FEET; 89'26'21" EAST DEPARTING SAID RIGHT-OF-WAY A DISTANCE OF 46.00 FEET; A DISTANCE OF 127.77 FEET; A DISTANCE OF 21.44 FEET; A DISTANCE OF 157.53 FEET; A DISTANCE OF 96.11 FEET; A DISTANCE OF 70.90 FEET; TO THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 392 A ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 13.38 42'11'37" EAST DEPARTING SAID RIGHT-OF-WAY A DISTANCE OF 99.69 FEET; 69'11'31" EAST A DISTANCE OF 66.78 FEET; 88'41'03" EAST A DISTANCE OF 97.54 FEET; 53'46'27" EAST A DISTANCE OF 163.41 FEET; 23'11'58" EAST A DISTANCE OF 26.19 FEET; 00°26'41" EAST A DISTANCE OF 119.79 FEET; 89°33'20" EAST A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,200.69 sf. OR 0.14 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY ,\�,111,ii SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\`p%P`�g LEON W. SIEVERS PLS 23520 3/(C1-.s� ? a 23520 SjD�JgCI IAN) \\\� TEMPORARY EASEMENT ACQUISITION WELDCO FARMS LLC WELD COUNTY, COLORADO 861 IX aE "21 0 NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 55 & HWY 392 PROJECT PROJECT NO: RC -86 SCALE: DATE: 5-10-13 DRAWN BY: DRH SHEET: 1 oft EXHIBIT -A NE 1/4 S21-T6N-R64W NORTH 1/4 CORNER I S21-16N-R64W LIESEI� 3-1/4" ALUM. CAP LS #7242 1995 I I I j THOMAS AN1JERSEN L..--------- HWY 392.._.. s8932'46"W_ 26.N.9D'.._.. _.._.._.._.._.._.._ ------------- — —L10 L11 TEMPORARY EASEMENT ACQUIRED i L9 6,200.69 sf. OR 0.14 ac. L12 L13 o I I I I ; I I P.O.C. NORTHEAST CORNER S21—T6N—R64W 2-1/2" ALUM. CAP LS #12374 1997 L8 ' L7 WELDCO FARMS LLC L6 RECP.#3891519 LOT C/RE-1984 L5 RECP.# 2542261 I L15 ' I L16 INI• M! I ! Imo; •tnl :; W ARNOLD LINE TABLE L4 I U I LINE BEARING DISTANCE L1 589'33'20"W 30.00' I I L2 SO0'26'41 "E 10.00' L17 L1 : L3 589'33'20"W 46.00' ' 2 L4 NO0'26'41"W 127.77' L3 I L5 N23°11'58"W 21.44' P.O.B. L6 N53'46'27"W 157.53' L7 N88'41'03"W 96.11' NE 1/4 0IoNd L8 N69'11'31"W 70.90' i? Z•Da L9 N42'11'37"W 110.98' S21-T6N-R6' alm L10 N89'26'21"E 13.38' \`„0\t111iIf4" m: L11 S42'11'37"E 99.69' �� QQi.Q. u i/ *°•"<<\ to I W L12 569°11'31 "E 66.78' ° 4'4: L13 S88'41'03"E 97.54' Z.-) /<3\tea '_ ' � ' N ' L14 S53°46'27"E 163.41' _ CD® m:8 R L15 523'11'58"E 26.19' 23520 _= - " . �� L16 SOO'26'41"E 119.79' ii -I -1-3 ° `r f �At,,, L17 N89'33'20"E 36.00' '%cSyp I m t LANG° " \ \ /''%°v4S„ NOTE: THIS EXHIBIT MAP DOES N0TO REPRESENT A MONUMENTED LAND EAST 1/4 CORNER SURVEY OR LAND SURVEY PLAT. S21-T6N-R64W IT IS INTENDED TO ILLUSTRATE THE " ALUM. CAP 2-12 ATTACHED PROPERTY DESCRIPTION / ONLY. LS #12374 1997 ; I ; I AT I 0 C I ��' TEMPORARY EASEMENT ACQUISITION �' X861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS II I �- .1\ WCR 55 & HWY 392 PROJECT WELDCO FARMS LLC WELD COUNTY, COLORADO f !% PROJECT NO: RC -86 SCALE 1"=100' j- CC O U N T Y DATE: 5-10-13 DRAWN BY: DRH SHEET: 2of2 Hello