HomeMy WebLinkAbout20133042.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND
AUTHORIZE CHAIR TO SIGN - PELICAN SHORES NORTH HOMEOWNERS
ASSOCIATION
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 Certain Improvements to County Road 13, 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 Pelican Shores North Homeowners Association,
P.O. Box 6125, Longmont, Colorado 80501, commencing October 10, 2013, and ending on
April 10, 2014, or upon completion of said project, whichever is sooner, with further terms and
conditions being as stated in said easement, 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 Purchase of Temporary Construction Easement for
Certain Improvements to County Road 13, 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 Pelican Shores North Homeowners Association be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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2013-3042
EG0068
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 13 - PELICAN SHORES NORTH HOMEOWNERS
ASSOCIATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO0JNTY, COLORADO
ATTEST: ow_s_,, A,^&L-
Weld County Clerk to the Board
BY:
APP
Barbara Kirkmeye
oun y Attorney
NOV 15 2013
Date of signature:
Willia
F. Garcia, Chair
Douglas Rademacher, Pro-Tem
P. Conway
2013-3042
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: October 23, 2013
FROM: Leon Sievers, Public Works Department
SUBJECT: BOCC Agenda
Agreement for Purchase of Temporary Construction Easement for Certain Improvements to
WCR 13 with Pelican Shores North Homeowners Association dated October 15, 2013.
One original agreement is attached.
M:\FrancieAGENDA memos\AgendaLeon-1. docx
2013-3042
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13,
BETWEEN PELICAN SHORES NORTH HOMEOWNERS ASSOCIATION AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this /6r day of Grr , 2013, by and between Pelican
Shores North Homeowners Association, whose address is PO Box 6125, Longmont, Colorado
80501, 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 13, 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,
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 1
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
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 thirty (30) 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.
MISCELLANEOUS
1. Although the date of the transfer of the Temporary Construction Easement shall be
Agmt for Purchase of Temp Easement-Immed Possession
Page 2
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
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.
Agmt for Purchase of Temp Easement-Immed Possession Page 3
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
PELICAN SHORES NORTH HOMEOWNERS ASSOCIATION
By:
Title: Al- PaY/061+-
BOARD OF COUNTY COMMISSIONERS
WELD COTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
William k. Garcia, Chair
OCT 282013
Agmt for Purchase of Temp Easement-Immed Possession Page 4
o?&/.9- 3.04707
EXHIBIT -A
NE 1/4 S36-T3N-R68W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 36, TOWNSHIP 3
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
SAID PARCEL BEING A PORTION OF TRACT -B OF PELICAN SHORES P.U.D. FILED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3246436 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68
WEST AND DESCRIBED AS SHOWN, AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID
NORTHEAST ONE -QUARTER OF SAID SECTION 36 AS BEARING NORTH 01'32'16" EAST A DISTANCE OF
1325.57 FEET TO THE NORTH ONE -SIXTEENTH CORNER OF SAID SECTION 36, TOWNSHIP 3 NORTH,
RANGE 68 WEST ALSO DESCRIBED AS SHOWN;
THENCE NORTH 01'32'16" EAST ALONG SAID EAST LINE A DISTANCE OF 210.80 FEET;
THENCE NORTH 88'27'44" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 13 A DISTANCE OF 114.71 FEET TO THE POINT OF BEGINNING.
THENCE NORTH 01'32'16" EAST TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WATERSIDE
LANE A DISTANCE OF 298.68 FEET;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 87'34'41" EAST A DISTANCE OF 15.78
FEET;
THENCE SOUTH 8827'44" EAST A DISTANCE OF 8.96 FEET TO A POINT OF CURVE TO THE RIGHT
WHICH INTERSECTS THE RIGHT-OF-WAY LINES OF WATERSIDE LANE AND WELD COUNTY ROAD 13;
THENCE 39.27 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 25.00 FEET, CENTRAL ANGLE
IS 90'00'00" AND WHOSE CHORD BEARS SOUTH 4327'44" EAST A DISTANCE OF 35.36 FEET;
THENCE SOUTH 01'32'16" WEST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
13 A DISTANCE OF 222.15 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 44'54'30" WEST A DISTANCE OF 72.39
FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 13,451.23 sf. OR 0.31 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
TEMPORARY
EASEMENT
PELICAN SHORES NORTH
HOMEOWNERS ASSOCIATION
WELD COUNTY, COLORADO
_G0UNTY��
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 13/26A BRIDGE
PROJECT NO: EM-BR13/26A
SCALE:
DATE:10-10-13 DRAWN BY: .11-1B
SHEET: I of2
EXHIBIT -A
NE 1/4 S36—T3N—R68W
N )c6 CORNER
S36-T3N-R68W
2 YZ" ALUM. CAP
STAMPED LS#23500
1999 IN MON. BOX
AS PER MON. REC.
TRACT B
PELICAN SHORES NORTH
CURVE TABLE
C#
LENGTH
RADIUS
DELTA
CHD B
CHD
C1
39.27'
25.00'
90'00'00"
S43'27'44'E
35.36'
WATERSIDE
LANE
IMP
TEMPORARY EASEMENT
AT 1/4 13,451.23 sf.
.S36-73N-R68lf OR 0.31 ac.±
TRACT B
P.O.B.
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.
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114.71'
:\ l!' L
S31 -13N -R671"
LINE TABLE
LINE
BEARING
DISTANCE
Li
N87'34'41"E
15.78'
L2
S88"27'44"E
8.96'
L3
S44'54'30"W
72.39'
VAR RA
COMPANIES
INC.
P.O.C.
E Y4 CORNER
S36-T3N-R68W
2 Y2' ALUM. CAP
STAMPED LS#23500
1999 IN MON. BOX
AS PER MON. REC.
TEMPORARY
EASEMENT
PELICAN SHORES NORTH
HOMEOWNERS ASSOCIATION
WELD COUNTY, COLORADO
0uN-r
P
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 13/26A BRIDGE
OJECT NO: EM-BR13/26A (SCALE: 1"=100
DATE:10-10-13
DRAWN BY: JIiB
SHEET: 2 of 2
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