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Home My WebLink About20101355.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONVEYANCE OF EASEMENT AND PURCHASE OF MATERIAL FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - STEVEN BUHLKE 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, on April 21 , 2010, the Board was presented with an Agreement for Conveyance of Easement and Purchase of Material 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 Steven Buhlke, 26502 County Road 13 , Loveland , Colorado 80537, with terms and conditions being as stated in said agreement, and WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution , and WHEREAS, the motion to approve said agreement received only two votes and therefore failed ; and the effect of the failure to obtain a majority vote is a denial of the motion, and WHEREAS, at the following Board meeting of April 26, 2010, the Board deemed it advisable to reconsider the matter, and after review, moved to continue the matter to May 5, 2010, and then to May 19, 20101 to allow consideration of the matter before a full quorum of the Board , and WHEREAS, at said meeting on May 19, 2010, after review, the Board deemed it advisable to continue said matter to June 9, 2010, in order to allow adequate time for the County Attorney, Bruce Barker, and the property owner's attorney, to achieve a resolution . WHEREAS, after review on June 9, 2010, the Board deems it advisable to continue said matter to June 23, 2010, in order to allow adequate time for a work session to be conducted . WHEREAS, after review on June 23, 2010, the Board deemed it advisable to approve a modified 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 Conveyance of Easement and Purchase of Material 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 Steve Buhlke be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said modified agreement and any necessary documents. yi it, Q P , Pipp } • 2010-1355 or �g EG0062 AGREEMENT FOR CONVEYANCE OF EASEMENT AND PURCHASE OF MATERIAL FOR CERTAIN IMPROVEMENTS TO CR 13 - STEVEN BUHLKE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: �:'y -s ' -•em_c hair Weld County Clerk to the B • —r, Pro-Tee Dep Cler rbara Kirkme the Board Sean P. Comm-,) RO D AS • R !dYGaia un orney David E. Long Date of signature: Illy lIC 2010-1355 EG0062 369 AGREEMENT FOR CONVEYANCE OF EASEMENT AND PURCHASE OF MATERIAL CONCERNING A PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN STEVEN LEE BUHLKE AND WELD COUNTY, COLORADO, AND PURCHASE OF MATERIAL LYING THEREON. THIS AGREEMENT is made and entered into this23rdday of June , 2010, by and between Steven Lee Buhlke, whose address is 26502 Weld County Road 13, Loveland, Colorado 80537, herein collectively 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 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns property where the permanent easement described in the attached Exhibit "A", hereinafter referred to collectively as "Easement", and WHEREAS, County needs said Easement in order to complete said rebuilding and improvement project, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Easement, as shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Easement" for the total sum of Twenty Five Thousand and no/100 ($25,000.00) dollars. Said sum shall include full and final payment for the Easement and for all material removed therefrom by County for the purpose of leveling the Easement as part of the road improvement project. 2. Owner agrees to grant Easement to County by using substantially the Easement Form which is attached hereto as Exhibit "B", free and clear of all encumbrances, except existing easements. 3. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance. County shall pay all fees associated with recording the Easement. Page I of 3 HBO III Dill IIII Inn IIIIII III (IIII IIII lull 3704369 07/09/2010 11:17A Weld County, CO a'O/D i35S 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than 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 agent or employees, hereto. 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. 5. Although the date of the execution of the Easement shall be the date of the delivery of the documents, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to use all the Easement for the purpose of said rebuilding and improvement project. 6. It is understood that County shall rebuild the driveway during construction and resurface the driveway with the same material that exists at the time of construction. 7. It is understood that County will remove the existing right of way fence along the northerly 390 feet, more or less, of the easement area. County shall construct a temporary fence along the easement line in this area. When construction is completed and the area has been seeded, County shall remove the temporary fence and shall install a new fence at the location where the existing right of way fence is currently located and in the same size, shape, manner and type as the existing right of way fence. 8. It is understood that the existing right of way fence along the southerly 550 feet, more or less, will remain in its current location during and after construction. County shall construct a temporary fence along the easement line and shall remove this temporary fence when the overhead electrical facilities have been installed. 9. County shall furnish and install a metal tube gate at the location chosen by Owner to allow Owner access to the upper pasture. 10. County shall seed the easement area upon completion of construction with a native seed mix. The composition of the seed mix will be mutually agreed to by County and Owner. I Hill lu 11 III/III Hill 11111111111III IIIII III/III 3704369 07/09/2010 11.17A Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 3 IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall survive the closing and shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. teven Lee I e, L li ATTEST: /� BOARD OF COUNTY COMMISSIONERS ' ` : II z OF WELD COUNTY, STATE OF OLORADO Weld County Clerk to the Boa j 1861 y' BY: •e% .Y� Dep ty Clerk t. the Board NI Douglas ademac er, Chairman 06/23/2010 111111111111111111 Ill 111111111II I1II111111111111II IINI 3704369 07/09/2010 11:17A Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 o13 aoio--/,3 EXHIBIT-A NW I/4 SI9-T5N-R67W PROPERTY DESCRIPTION rSMANINT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 0957-19-2-RE2183 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2615515 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 40.00 FEET OF THE WEST 70.00' FEET OF LOT-A. SAID PARCEL CONTAINS 37,571.8 sf. OR 0.863 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON RECORDED EXEMPTION NO. 0957-19-2-RE2183 AND THE INFORMATION SHOWN THEREON. 1111111 11111 ATILT IIII LIMIT 11111 111111 III 11111 IIII IIII 3704369 07/09/2010 11:17A Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PERMANENT WELD COUNTY PUBLIC WORKS EASEMENT ‘4‘i DEPARTMENT WELD COUNTY ROAD 13 PROJECT -2002 WELD COUNTY ROAD LS Elk PRO T: E OM,WCR 54 TO SCALE: 4 WELD COUNTY,COIDRADO COLORADO DATE �. 29,2009 DRAWN BY: JHB SHEET: 1 ot 2 EXHIBIT-A NW 1/4 SI9-T5N-R67W —R I I i r ( 1 i i'U 1 I ACQUIRED 40' PERMANENT EASEMENT 37,571.8 sf. OR 0.863 ac.± I 1 _ I ' i 40.00' 1 I ! L BVHIL K H / STEVEN a PARC. #095719000056 1 L., m / RECP. #2698831 m n 1 O1 RE-2183 ) j LOT-A a 1 1 ' iI Ii I NW//4 1 // 379-73N-R67W 1 ! / wan COUNTY i i I I 111111 11111 111111 IIII HID 11111 111111 III !Milli till AT 1/4 I EXISTING 160; S2F7�VReiBW" R.O.W. 00' 3704369 07/09/2010 11:17A Weld County, CO LARAER COLW7Y I 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 1 I IT IS INTENDED TO ILLUSTRATE THE ATTACHED 1 PROPERTY DESCRIPTION ONLY. I ! EXISTING lid —.4-100.04 a' R.O.W. ! IW 1/4 COf{NE - ir It- rig-T5N-P67W PERMANENT / WELD COUNTY PUBLIC WORKS r// DEPARTMENT EASEMENTtrqWELD COUNTY ROAD 13 PROJECT �- E FROM WCR 54 TO HWY 34 lk PROJECE SCALE: WDC�, SRP-13 1." 1001 COLORADO DATE 3SP.29.2009 DRAWNBY: JAB SERE 2Of2 GRANT OF NON-EXCLUSIVE PERMANENT SLOPE AND UTILITY EASEMENT (Steven Lee Buhlke -Weld County) This Grant of Permanent Slope and Utility Easement is made by and between Steven Lee Buhlke, whose address is 26502 Weld County Road 13, Loveland, Colorado 80537 (collectively referred to herein 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 915 10`h Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non- exclusive, perpetual easement, for the purpose of constructing and maintaining a slope, including grading, shaping, maintaining and associated tasks to include the installation and maintenance of utilities, both underground and overhead as necessary for the construction and maintenance of Weld County Road 13 all as more specifically set forth below. The location of the easement parcel is described as follows: See Easement Exhibit "A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the construction, operation and maintenance of said Weld County Road 13 side slopes and ditches. No portion of the easement area shall be used for any travelled portion of the road. Additionally,the easement may be used to replace the existing overhead power lines and underground utilities. Upon execution of the Permanent Easement by Owner, County, 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 regular operation, access and maintenance of said slope and utility lines within the easement. Any excavated earth or material that origins from the construction activities that is not used as part of the slope and utility easement shall be removed from the property after necessary grading has been completed. This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties, their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. 13,01413\\6 II 191\01711011911210101 I I IIIIII(IIII IIIIII III VIII IIII IIII 6 of 9 R 0.00 0.00 Sleve to Clerk Page I of 2 page oid --i3 6 IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. to en Lee I e, STATE OF COLORADO ) )ss. COUNTY OF 1,u G-c-n ) The foregoing instrument was acknowledged before me this -74` day of ,.lo 19 , 2010, by Steven Lee Buhlke, Owner. Witness my hand and official seal. Public My commission expires: O5-0 - t 3 ' LEON W I 4 SIEVERS ::off tt'‘ \OF C� .Q. The Grantee hereby accepts this easement for the purposes set forth herein on this the 23rd day of June , 2010 It , COUNTY OF WELD, STATE OF ATTEST: " '� �- COLORADO, GRANTEE 1861 . I, ),(D Deputy Cler to the Boar��© � 4, Do glas ''ademac -r, Chairman, Board of 4 U N� p County ommissioners of Weld County, Colorado 06/23/2010 1111111 11111 111111 llil 111111 11111 111111 111 11111 1111 1111 3704369 07/09/2010 11:17A Weld County, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 2 of 2 page o?Dil -/355 EXHIBIT-A NW 1/4 SI9-T5N-R67W PROPERTY DESCRIPTION PZERIANINT ICASOMINT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF RECORDED EXEMPTION NO. 0957-19-2-RE2183 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2615515 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 40.00 FEET OF THE WEST 70.00' FEET OF LOT—A. SAID PARCEL CONTAINS 37,571.8 sf. OR 0.863 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON RECORDED EXEMPTION NO. 0957-19-2—RE2183 AND THE INFORMATION SHOWN THEREON. 111111I 11111 111111 III1111111 11111 111111 III 11111 IIII IIII 3704369 07/09/2010 11:17A Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PERMANENT WED COUNTY PUBLIC WORKS EASEMENT fattiq DEPARTMENT WEED COUNTY ROAD 13 PROJECT SITE-E�WELDO3UNITROAD13VEN L R 'lupe T. PROM yWCRS TO HWY 34 SCALE � ,COLORADO COLORADO DATE: SH4. 29,2009 DRAM 6Y: .mm SHEEN 1 of 2 EXHIBIT-A NW 1/4 S19-T5N-R67W I !I —R 1 1 ! i i 1 1 ' �i IF! ACQUIRED 40' PERMANENT EASEMENT 37,571.8 st OR 0.863 ac.± 1 ! i 1 I t ! I 1 I ' 0.00' iI REMY L BUHLKE a) TI a PARC. #095719000056 M 1 LD m 05 RECP. #2698831 1 C al r> I N °i RE-2183 / LOT—A 1 ! 1 ' II i NW 1/4 1 fl-R67W I / WELD COUNTY i 1111111111111111111111111111I11111111111111111111111111 NE 1/4 EXISTING i ' / 3704369 07/09/2010 11:17A Weld County, CO 524-7 W R.Q.W. x6040 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder L NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I 1 — R . . - I R EXISTING ie.1 R.O.W. ! IW 1/4 CORNERL " R IS19-T5N-R67W PERMANENT WELD COUNTY PUBLIC WORKS EASEMECNT A;\�� DEPARTMENT WELD COUNTY ROAD 13 PROJECT STEVEN L BUHLKE will C pRoaer: FROM Welt 54 TO Hwy. 34 WED COUNTY,COLORADO COLORADO DATE SE.29,2009 DRAWN BY: BIBS : 2 of 2 1 1 1 1 EMINENT DOMAIN - REAL PROPERTY APPRAISAL REPORT 1 1 COMPLETE, SUMMARY APPRAISAL REPORT PARTIAL TAKE REPORT FORMAT 1 1 1 Prepared For / Mr. Leon Sievers, PLS, SR/WA / Weld County Public Works Department , 1111 H Street PO Box 158 1 Greeley, CO 80632 1 1 1 Prepared By 1 1 E. Nelson Bowes, MAI, CRE, PE J. Virginia Messick, MAI, CCIM, SR/WA 1020 15`" Street, #38E 1 Denver, Colorado 80202 PROJECT NO.: SRP-13 1 1 LOCATION: 26502 Weld County Road 13 Unincorporated Weld County, Colorado OWNER: Steven L. Buhlke APPRAISER: E. Nelson Bowes, MAI, CRE, PE J. Virginia Messick, MAI, CCIM, SR/WA 1 DATE OF VALUATION: May 14, 2010 1 DATE OF REPORT: May 29, 2010 ,Ex�leff ernre 1 I , , I INTRODUCTION III Value and Compensation Conclusions 0 Larger Parcel Value before Take: Total Value k ,, Total Land/Site Value 12.03 acres x$16,750/acre $ 201,502 U , II Total Improvements Contributory Value $ 0 . )x. 0 Total Larger Parcel Value before Tat I$ 201,502 / Value of Part Taken D Land/Site Taking: g ,_. Y. _ / Parcel No. Area $/Acre Value Total Value a{ -4gr` ₹. 0.863 acres $16,750 $ 14,455 - ;y :43 riaotitg I Total Value of Part Taken $ 14,455 : x. I Total Land/Site Value of Part Taken is 14,455 I I Compensation Summary I Value of Part Taken Wikaigit 1 Total Land/Site Value of Taken 0.863 acre x$16,750/acre $ 14,455 **4+ 1 Total Easement Value of Taken $ 0 igtatiO Total Owner Improvements Contributory Value of Taken $ 0 fSiMiltfAi I Total Tenant Improvements Contributory Value of Taken $ 0 3 M) s I Total Value of Part Taken $ 14,455 I Damages and/or Offsetting Specific Benefits: itx ' ` " I Total Compensable Damages-Curable(Net Restoration Cost to Cure) $ 0 a 547- I Total Compensable Damages-Incurable $ 0 c r=' Less: Offsetting Specific Benefits(Up to 100%of Incurable Damages) $ 0 _e " I Net Compensable Damages and/or Offsetting Specific Benefits $ 0 Value of Taken Offset by Specific Benefits: 4.: Total Value of Taken $ 0 ' '' 1 Less: Offsetting Specific Benefits(Not to Exceed 50%of Value of Taken) $ 0 1 Total Value of Taken Offset by Specific Benefits $ 0 $ 0 1 Total Rental Value of Temporary Easement IS oj$ 0 1 Compensation Estimate $ 14,455 1 1 1 1 1 1 1 1 1 1 1I , ©2010 BUHLKE PROPERTY 2 1 V Executive Summary 1 Subject Property Data Project Number: SRP-13 0 Name of Owner: Steven L.Buhlke * Property Address or Location: 26502 Weld County Road 13 / Unincorporated Weld County,Colorado Project Location: Weld County Road 13 Project,from Weld County Road 54 to Highway 34 0 Owner Present at Inspection: Virginia Messick telephoned Mr.Buhlke on May 7,8,and 10,2010 and left voice mail messages on three different phone numbers. On May 10, 2010,Ms.Messick telephoned and spoke with Ms.Leslie Fields,attorney for Mr.Buhlke. As of May 14,2010,date of inspection,we had not heard back from Mr.Buhlke regarding inspection of the subject property. Property Interest Appraised: Fee simple Effective Appraisal/Value Date: May 14,2010 Date of Appraisal Report: May 29,2010 Summary of Environmental Concerti None observed Larger Parcel Land/Site Area: 12.03 acres gross; 11.3829 acres net Owner Improvements(buildings,structures,etc.): A 1,442-square foot, 1-story,ranch-style frame house built in 1998,a 2,160-square foot, 1-story utility shed built in 2002,and a horse shed. Subject Use History: Agricultural Owner or Tenant Occupancy: Owner Subject 5-Year Sales History: One June 23, 1998,Jakpot Acres conveyed the subject property by Special Warranty Deed to Steven Lee Buhlke and Rolaine Joy Bonneau as recorded in Weld County under Reception No.2621165. The reported consideration was$89,800. On June 7, 1999,Rolaine Joy Bonneau conveyed the subject property to Steven Lee Buhlke as recorded under Reception No.2698831. There was no recorded consideration. Zoning: The subject is zoned agricultural. Highest/Best Use before Take: Ranchette Highest/Best Use after Take: Ranchette Purpose of Part Taken:: Widening Weld County Road 13 right-of-way. Summary of Affect of Take on the Residue: None. Summary of Damage Considerations: None. Summary of Restoration Cost to Cure: None. Summary of Specific Benefits Considerations: None. 1 �' ©2010 BUHLKE PROPERTY Kiiicte‘t MEMORANDUM WIIDe TO: Clerk to the Board DATE: April 15, 2010 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Agenda Item Agreement for Conveyance of Easement for improvements to WCR 13 with Steven Lee Buhlke Enclosure M\Francie'Agenda-Leon doc 1 2010-1355 Hello