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Home My WebLink About970265.tiffRESOLUTION RE: APPROVE ADDENDUM TO MEMORANDUM OF AGREEMENT FOR TEMPORARY EASEMENT TO COLORADO DEPARTMENT OF TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN - STATE HIGHWAY 119 AND 1-25 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, by Resolution #961963 dated November 4, 1996, the Board approved a Memorandum of Agreement for Temporary Easement at the Interchange of State Highway 119 and 1-25, with the Colorado Department of Transportation, and WHEREAS, the Board has been presented with an Addendum to said Memorandum of Agreement for Temporary Easement 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 the Colorado Department of Transportation, and WHEREAS, after review, the Board deems it advisable to approve said addendum, 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 Addendum to Memorandum of Agreement for Temporary Easement 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 the Colorado Department of Transportation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 1997. A We BY. Deputy Clerk to the Board APPR D AS TO FO unty Atto ey Dmu)) . 3 F CSC ; PCnJ� � c _ BOARD OF COUNTY COMMISSIONERS WELDgOUNTY, COLORADO trite George.Baxter, Chair onstance L. Harbert, Pry-Tem Dale K. Hall FXra JSFD DATF OF SIr;NINr, Barbara J. Kiir`kmeyer (X (AYF). W. H. Webster 970265 EG0036 ADDENDUM A ADDENDUM TO MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. IR-IM(C)0025-3(110) LOCATION: SH 119 & I-25 PROJECT CODE: 91033 weld County and the Colorado Department of Transportation hereby agree to the following additional terms and provisions regarding the construction of Project IR-IM(Cx)025-3(110): 1. At approximately Station 26 + 650, there are existing culverts undercrossing Interstate 25 and draining water onto the adjoining property of Weld County. During construction of the aforementioned Project, CDOT agrees to extend said culverts, with appropriate culverts of sufficient size and length, to the east so that said culverts shall drain directly into the existing gravel pit of Weld County. Upon extending said culverts, CDOT shall reasonably restore any damage caused by the installation of said culvert to the existing perimeter access road lying adjacent to said gravel pit. 2. At the northwest corner of the Weld County property being conveyed to CDOT through this acquisition, Weld County currently has installed and maintains imported riprap materials (shot -rock). It is acknowledged between the parties hereto that the current Project is not contemplated to include any construction/reconstruction activities in the area of this existing riprap. At such time as future CDOT projects will require physical occupation and construction in the area of said riprap, COOT agrees, to the extent reasonably practical, to remove said riprap from the project construction area and store same on adjacent property owned by Weld County. Weld County agrees that it shall provide notice to CDOT at the time of proposed construction in the area of said riprap as to CDOT's requirement to remove and preserve same and provide CDOT with the location for the relocation of the riprap materials. 3. A portion of the CDOT Project involves construction of a relocated frontage road along a portion of the existing open gravel pits owned and maintained by Weld County. To the extent such frontage road construction shall extend into or along the existing embankment of said gravel pits, CDOT shall preserve a future working area for Weld County of at least 15 feet from the edge of the top of slope along the existing gravel pit embankment. CDOT shall install the new right-of-way fence along said relocated frontage road westerly and outside of said fifteen foot (15') future working area for Weld County. cdot\c45#1\weldcnty\weldcnty.adm 970265 `COLORADO DEPARTMENT OF TRANSPORTATION Project# MEMORANDUM OF AGREEMENT IR-IM(CX)025-3(110) Location Parcel # SH 119 & I-25 L REV, TE-1 Project code(SA#) 91033 County WELD State Hihway # 119 & I-25 `Otherconditions: r Xp This agreement made on (date) is between the State of Colorado for the use and benefit of 1.11 (GRFPlfORj. oOF COLURAIJU listed above from the (GRANTOR theColorado BODY of NDGPOLITIC) OFtTHEuSTAI Just compensation was determined by appraisal(s) prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements,and damages of any kind. Land (described in attached exhibits) 255,454s .F , sq. ft./acres $ 45,985,00 Permanent and Slope Easements (described In attached exhibits) N/A sq. ftJacres $ 0,00 Temporary Easements (described in attached exhibits) 4305 S.F. sq. ft./acres $ 0,00 Improvements 3,210,00 h'ENCING $ Damages 0,00 $ N/A THE EXECUTION OF THIS AGREEMENT Gross total $ 49,195,00 Less credit $ 0,00 Net total $ 49,195,00 CONSTITUTES AND GRANTS UNTO THE CD0T, ITS AGENTS AND CONTRACTORS TEMPORARY EASEMENT(S) FOR THE PURPOSE OF EXTENDING CULVERT PIPES AND SHALL COMMENCE,N0 SOONER THAN TEN DAYS AFTER THE GRANTOR RECEIVES WRITTEN NOTICE OF THE DEPARTMENT S INTENTION TO OCCUPY THE TEMPORARY EASEMENT, !HE TEMPORARY EASEMENT SHAL T RMINATE AT THE CONCLUSION OF CONSTRUCTION AND, IN ANY EVENT, NO LATER THAN 30 DAYS AFTER COMPLETION OF SAID CONSTRUCTION, THIS MEMORANDUM OF AGREEMENT IS FURTHER SUBJECT TO THE CONDITLONS ON ADDENDUM A ATTACHED HERETO, The GRANTOR and GRANTEE agree that: - with the exception of any Relocation Agreement (CDOT Form #591) there are no promises, • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, designees, but only after approval by one of the following on behalf of the Division: Staff Right Region Preconetruction Engineer, Region Right of Way Supervisor or their superiors as indicated • the compensation shown on this agreement is for the fee simple estate of the parcels described The GRANTOR: - will at the dosing pay all taxes (including prorated taxes for the current year) and special - has entered into this agreement only because the GRANTEE has the power of eminent - will execute and deliver to GRANTEE those documents indicated below. The GRANTEE: - will be entitled to spedfic performance of this agreement upon tender of the agreed consideration. - will be held harmless from any claims against the property or to any interest in the property, • will make payment after receiving an acceptable deed from the GRANTOR. - will take possession of the parcel(s) when it tenders payment to the GRANTOR unless other and Real Property Acquisition Act of 1970, as emended. - will prepare the following documents: General Warranty Deed 0 w/Min. Resv. 0 Access Deed O Full Release(s) BooWPage terms, conditions, or obligations other then those listed on this agreement. executors, administrators, legal representatives, successors, assigns, and of Way Manager, Staff Right of Way Supervisor, Region Transportation Director, below. and damages of any kind. assessments for the current year. domain and requires the property for public purposes. except for any benefits due under relocation law. arragemants are made that follow Title Ill of the Uniform Relocation Assistance 0 Utility Easement 0 Permanent Easement 0 Slope Easement jX:1 Temporary Easement ❑ Partial Release(s) BooWPage O Other (specify) ❑ Title Company to prepare documents except Order warrant$ payableto: WFI n rnIINTY TI)Il E Cn. AS ESCROW ArENT FOR WFI D CnUNTY Orderwarrant$ payable to: Right of Way agent PHIL B. MWZUR Grantorsigna yi / Aft formal -9 DATE �y zip 02/10/5 Grano(((//(ifappli ) GEORGE E. BAXTER, CHAIR WELD COUNTY BOARD OF COMMISSIONERS Division approval (Right a Way Supervisor) Grantor (if applicable) wane - sue nuw Green- Property owner Canary - Region ROW Pink - Region Praoonetnrdion Engineer/Project Manager Construction Goldenrod - Region Engineer/Resident Engineer CDOT Form #784 3/95 970265 sutntitulc W-9 PRINT OR 1Yls)• Request for Taxpayer Identification Number (TIN) Verification Name WELD COUNTY, A BODY CORPORATE AND POLITIC, OF THE (See Reverse for Important ln(onrration) and Name (ONLY IF Doing Business As (D.B.A.)) Address (To Receive Payments from the State) PBX 753 City Acce./ 9 Digit Taxpayer Identification Number (TIN): See Reverse for Information on Now to Obtain a TIN Legal Business Designation (MUST Check One) Individual (Individual's Social Security Number) (See Reverse) NOTE DO NOT use employer Idenaacation number used for (Chant 941, 940,720 or 2290. Sole Proprietorship (Owner's Social Security Number) (See Reverse) (You file Schedule Cr Form 1040) NOTE DO NOT use employer Idaariaaan number used for to na 941, 940,120 or 2290. Partnership (Partnership's Eederal Employer Identification Number (FEIN)) (You file Form 1065) Estate/Trust (LegalEntity's FEIN) HOILD, wt Santa b kleattflinaa aa"6. el O. rani ornately" et tw as.. Le Lad way Ina "rat tanned la en anal tld.. HA eM ads en ran el 0. Yad an. a+a.. a ream YW. State Ce7(ve—ctc o ZIP ce C(.,3Z (nloaado Derailment of Adrninra Wtion Du NOT send to IRS I Corporation (Corporation's FEIN) (You file Form 1120) Tax Exempt Organization (Organization's FEIN) Covenunental/Non-Profit (Public Entity's FUN) Association/Club (Assodation/Club's FUN) _EA - O OC) t3 NOTE It no name is circlet{ when there la note than one name, the number will be considered to be that of the lust name listed ❑ Check here if TIN number "applied for" Licensed Realtor Yes No Under penalties of perjury, I certify that: (I) The nuntba. shown on this form is my toned taxpayer idadifimtian number (or I am waiting for a number to be issued to me) AND (2.1 --1-enflal:314-witititoftfing-bcarascatrI on: rrnnpt.from badutp torfitiudat . Infernal Revenue Service ( RS- n result of a lure to reyottall interest or dividends to real estate ltunsadions, or (c) the IRS has notified ma -that -I am no anger subject to backup mod err _. paid, the acquisition of abandonment of scarred protr, . ref Certification Instruct oils.— You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because of uufrrrqurling interest or dividends on your tax return. (Also see Signing the Ca-Iifimlion on the reverse of form.) i Name (Print or Type Signature DO NOT WRITE BELOW THIS LINE Date r-lr(t1 c'c' j Title (Print or Type) Iif7(?7 Telephone a 70)35(c._d-CCcc) Arent:), AGENCY USE ONLY 1999 Y N VEND Addition Change -970265 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Attn: Phil B. Mazur Western States Land Services Inc. 4021 Lissa Dr. Loveland CO 80537 (970)667-7602 (303)938-1414 (metro) FAX (970)667-7603 January 20, 1997 Drew Scheltinga, County Engineer Weld County Public Works Department 933 N. 11th Avenue P. O. Box 758 Greeley, Colorado 80632-0758 Dear Drew: A M N A FOP ATION PROJECT: IR-IM(CX)025-3(110) LOCATION: SH 119 & I-25 ACCOUNT: 91033 PARCEL: 1 Rev, TE-1 Please reference my transmittal to you of November 1, 1996 including an offer on behalf of CDOT and associated documentation relative to the above referenced project and right-of- way acquisition. Since your receipt of that transmittal, I have had several meetings and discussions with the County's representative, Greg Nelson, to resolve certain concerns involving the project and the County's existing gravel pit operations. On January 6, I and others with CDOT met with Greg and reached agreement regarding these items. Attached for the County's final review and acceptance is a revised Memorandum of Agreement, revised right-of-way plans, W-9 form, self-addressed stamped envelope and Donation of Right -of -Way form. The Memorandum of Agreement and right-of-way plans have been revised to show a new temporary easement (TE-1). This temporary easement is necessary to accommodate the County's request that CDOT extend culverts in the project area. As you and I have discussed on the phone, I believe that the County is willing to donate the just compensation that the County would be due for the temporary easement only. In that regard, enclosed is a Donation of Right -of -Way form, which must be signed along with the Memorandum of Agreement and W-9. Note that the revised Memorandum of Agreement contains an addendum addressing various items that we have reached agreement on. Upon the County's approval, please return to me in the self-addressed stamped envelope provided the signed Donation of Right -of -Way form, Memorandum of Agreement and W-9. As soon as I receive these documents back from you, I will work with the CDOT's title agent, Weld County Title Company, to establish a closing and make payment to the County. Thank you and please advise if you have any questions. Sincerely, WESTERN STATES LAND SERVICES, INC. Phil B. Mazur - S /W?1 PBM/sj Enclosures pc: File via Grube (District IV ROW offices) cdot\c45 # 1 \weldcnty\revised. ofr 970265 Hello