HomeMy WebLinkAbout961973.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT FOR TEMPORARY EASEMENT
BETWEEN PUBLIC WORKS DEPARTMENT AND COLORADO DEPARTMENT OF
TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN -STATE HIGHWAY 119
AND I-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, the Board has been presented with a Memorandum of Agreement for
Temporary Easement at the interchange of State Highway 119 and 1-25, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Public Works Department and Colorado Department of Transportation,
commencing, and ending, 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 Memorandum of Agreement for Temporary Easement at the
interchange of State Highway 119 and 1-25, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department and 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 Agreement.
961973
G ; Pe GDDT; CA EG0035
TEMPORARY EASEMENT - SH 119 AND 1-25
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
��� arbar J. Kirkmeyer, Chair ,/
1031 . my Clerk to the Board
1-9
r�� Y sY��i :�C 1;I /�)� /14) orge . Baxter, Pro- e
�V . �e ut Cler•�o the Board
p Y
Dale K. Hall - �
APPR D AS TO FO d2 -S e iZn �o�,' �'„'.e i.104
Constance L. Harbert/ 9
unty Attorne
W. H.' ebster
961973
EG0035
COLORADO DEPARTMENT OF TRANSPORTATION Project*
MEMORANDUM OF AGREEMENT HB 0253-146
Location Parcel*
SH 119 & I-25 TE-1
Project code(SA#) County State Highway*
11686 WELD 119 & ,A?I-25
This agreement made on (date) is between the State of Colorado for the use and benefit of
the Colorado department of Transportation (GRANTEE)for the purchase of the parcel(s) listed above from the Owner(s)
WEI n COI INTY. Col nRAnn (GRANTOR).
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) N/A sq.ft./acres $ -0-
Permanent and Slope Easements (described in attached exhibits)
N/A sq. ftJacres $ -0-
Temporary Easements (described in attached exhibits)
1 S.537 s.F. sq.ft./acres $ 280.03
Improvements N/A
$ -0-
Damages N/A
$ -0-
Gross total $ 2Rn.n3
Less credit $ -Q-
Net total $ 2Rn.n3
Otherconditions: THE EYErTUT ION QF THIS AGREEMENT CONSTITJJTFS AND GRANTS 'INTO THE
(TOT. ITS AGENTS AND CONTRACTORS TEMPORARY FASEMENT(S) FOP THE PURPOSE OF
1RRTCATTON IMPROVEMENTS AND SHAII COMMENCE NO SniNFQ THAN TFN DAYS AFTER
THE GRANTOR RECEIVES WRITTEN NOTICE OF THE nEPARTf1ENT/S INTEf1ITjON TO OCCUPY
THE TEMPORARY EASEMENT THE T ffiPORAPV EASEMENT SHALI TERMINATE AT THE
rnNrIUSTON OE CONSTRUCTION AND IN ANY EVENT. NO LATER THAN 3Q DAYS AFTER
COMPLETION OF SAID CONSTRUCTION.
The GRANTOR and GRANTEE agree that:
-with the exception of any Relocation Agreement(COOT Form*591)there we no promises,terms,conditions,or obligations other then those listed on this agreement.
-this contact is binding on both the GRANTOR and GRANTEE and their heirs,devisees,executors.administrators,legal representatives,successors,assigns,and
designees,but only after approval by one of the following on behalf of the Division:Staff Right of Way Manager,Staff Right of Way Supervisor,Region Transportation Director,
Region Preconstruction Engineer,Region Right of Way Supervisor or their superiors as indicated below.
-the compensation shown on this agreement is for the fee simple estate of the parcels described and damages of any kind.
The GRANTOR:
-will at the dosing pay all taxes(Including prorated taxes for the current year)and special assessments for the current year.
-has entered Into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public purposes.
-will execute and deliver to GRANTEE those documents indicated below.
The GRANTEE:
-will be entitled to specific 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,except for any benefits due under relocation law.
-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 arragements we made that follow Title III of the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970,as amended.
-will prepare the following documents:
❑ Utility Easement
❑ General Warranty Deed O w/Min. Resv. ❑ Permanent Easement
❑ Access Deed O Slope Easement
❑ Full Release(s) Book/Page 13 Temporary Easement
❑ Partial Release(s) Book/Page
❑ Other(specify)
❑ Title Company to prepare documents except
Order warrant$ payableto: WFI n (-SHINTY TTTI F Co. . A$ ESCROW AGENT
FOR WEI n CnuNTY, CQI GRAD°
Orderwarrant$ payableto:
Right of Way agent I G rsignature • Attach form W-9
Cantor rf lcab
BARBIRKMEYER, n IR 11/04/96
WELD COUNTY BOARD OF COMMISSIONERS
Division approval(Right et way supervisor) Grantor(if applicable)
White-Staff Row COOT Form NM 3/95
Green-Progeny owner
Canary-Region ROW
Pink•Region Preconstruction Engineer/Project Manager
Goldenrod-Region Construction Engineer/Reeident Engineer 9619„y3
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Project No.
COLORADO DEPARTMENT OF TRANSPORTATION 4-1B 0253-116
DETERMINATION OF JUST COMPENSATION Location
SH 119 & I-25
VALUE FINDING Parcel TE-1
Project 1166 tr)
Name WELD COUNTY
Brief description of subject and taking
CURRENT USE IS FOR SAND AND GRAVEL EXTRACTION-SAND AND GRAVEL PITS. TEMPORARY
CONSTRUCTION EASEMENT NECESSARY FOR ADVANCE CONSTRUCTION OF IRRIGATION FACILITIES
DURING THE FALL/WINTER WHEN WATER FLOWS ARE DIMINISHED.
Land:
Parcel Area $/Unit
Total land $ -0-
Improvements:(list)
NONE
Total improvements $ _O-
TE's Purpose Size Unit price %of unit price/term
TE-1 IRRIGATION Iwv, 15,557 $L8 S.F• 10% $ 280,03
s,F $
Damages or cost to cure(describe) $
_Q_
-- NONE
Total for temporary easement and damages $ 280.03
Cost to cure $ -0-
I certify my estimate of Just Compensation is $ 280.03
Has the owner or designated representative accompanied the Department's representative during inspection of the property?
)1 Yes - date WITH PRIMARY CDOT APPRAISER, DON SCHUELLER
❑ No- describe efforts made:
Sign Date
•
Approvecli,fygion ROW Supervisor
Date
1( r' _ 961.973
White-S1att ROW Canary-Region ROW Previous editions are obsolete and may not be used
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION project no. HB Q25 -146
4201 East Arkansas Ave.-ROW Location 7SH 1' & I-25
(303)757- 011ado 80222 parcel no. IL-1
(303)757-9011 project code (sA#) 11686
Date 10/24/96
OFFER OF FAIR MARKET VALUE
Dear WELT) COUNTY, COI ORADO
The Colorado Department of Transportation offers you the following amount as fair
market value compensation for your property. The amount offered was determined
by appraisal in accordance with applicable State laws and requirements.
1. Land and improvements $ 280.03
TEMPORARY EASEMENT _ 0
2 . Damages $
3 . Less benefits $ -Q
4. Total $ 280.03
We based our determination on the following information:
a. Identification of the real property to be acquired:
SEE PLAN SHEETS
b. Type of interest being acquired:
TEMPORARY EASEMENT
c. Identification of all improvements, including fixtures to be acquired:
d. Identification of real property improvements, including fixtures to be
acquired which are not owned by the landowner: ICJ F-ra
ROW agent name PHIL B. MAZUR
` �Signature
White-Property owner ^�^� 0240
Canary1*-Region ROW b 4
Pink-Region ROW
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Attn: Phil B.Mazur
�.� O
T
Western States Land Services Inc.
4021 Lissa Dr. y -- —
Loveland CO 80537
(970)6.6.7-76.02 DEPARTMENT OF TRANSPORTATION
(303)938-1414(metro)
FAX(970)667-7603
•
October 24, 1996
Drew Scheltinga, County Engineer PROJECT: HB 0253-146
Weld County LOCATION: SH 119 & I-25
Public Works Department ACCOUNT: 11686
933 N. 11th Avenue PARCEL: TE-1
P. O. Box 758
Greeley, Colorado 80632-0758
Dear Drew:
Our firm, Western States Land Services, Inc., of Loveland, Colorado, has been retained by
the Colorado Department of Transportation (CDOT) to assist CDOT in the acquisition of
certain property rights necessary for the construction of the Del Camino Interchange Project
referenced above. I believe you and others with the County have had previous discussions
with representatives of CDOT regarding this Project. At this time, CDOT has created a
separate smaller Project associated with the overall Project in order to construct and extend
certain irrigation facilities during the Fall and Winter months when irrigation flows are
minimal. It is CDOT's intention to construct and extend certain irrigation facilities in
advance of the main Project so as to minimize disruption to irrigation companies, irrigation
users and the adjoining property owners by performing this construction when the water
flows are diminished. Therefore, CDOT has authorized me to present to you its Offer for
this initial Project. Enclosed with this letter are the following documents: •
1) Offer of Fair Market Value
2) Memorandum of Agreement
3) Copy of CDOT's Determination of Just Compensation Value Finding
4) CDOT Right-of-Way Plans colored to demonstrate proposed acquisition
5)
Request fnfo rmat on Booklet er Identification Form (W 9)
6 Right-ofWay I
All the documents referenced above constitutes and are relative to CDOT's Offer to acquire
the necessary property interests for the Project. In order to advertise this Project for bids
and select a contractor to perform this work during the non-irrigation season, it is necessary
to complete this acquisition as soon as possible. Therefore, we need to obtain the County's
consent to this acquisition as soon as possible. I will be available to meet with you further
as necessary to this end and I can be reached in Loveland at (970) 667-7602 or Denver
Metro 938-1414.
Sincerely,
WESTERN STATES LAND SERVICES, INC.
Phil B. Mazur - S A�
PBM/sj
Enclosures: see above list
pc: File via Grube (District IV ROW offices) cd
961973
Request for Taxpayer Identification Colorado Dcpartment of Administration
Substitute Form Number (TIN) Verification Do NOT send to IRS
W-9
Name WELD COUNTY. COLORADO
(See Reverse for Important Information) WESTERN STATES LAND SERVICES,INC.
d4021 LISSA DRIVE
S L IF De LOVELAND, COLORADO 80537.7446
(ONLY F Doing Business As D.B.A. )
P.O. BOX 758
Address
(lb Receive Payments from the State)
Ci
GREELEY State CO ZIP 80 2
9 Digit Taxpayer Identification Number (TIN): See Reverse for Information on How to Obtain a TIN
Legal Business Designation (MUST Check One)
_ Individual (Individual's Social Security Number) (See Reverse) -
——— —— ————
NOTh DO NOT use employer WendSatiota number used feetams 941,940,720 nr 2390.
Sole Proprietorship (Owner's Social Security Number) (See Reverse) —— —• — _———
-
(You file Schedule C Form 1040)
NOTE DO NOT use employer identification number used(or terms 941,940.720 or 2290.
Partnership (paitttesship's Federal Employer Identification Number(FEIN)) -
(You file Form
1065)
Estate/Tr ust (Legal'Entity's FEIN) a noue��h,to�,r, py Y w
t'°°tzs°'.ye�n.a Hands its
tin litarstamum Y is«5 S h l4d Fenced cravat! .a fermis mas.
Corporation (Corporation's FEIN) (You file Form 1120)
Tax Exempt Organization (Organization's FEIN)
-
'— 8 4 - 6 0 0 0 x..1.1
3L Governmental/Non-Profit (Public Entity's FEIN)
_ Association/Club (Association/Club's FEIN) -
NOTE: If no name.s dried what there Is mom than one name,the number we be considered to be that of the fast mute listed.
0 (]leek here if TIN number 'applied for"
Licensed Realtor Yes 'No --
tinier penalties of)p ury.I certify that: ion number (or 1 stn waiting fora number to be issued to me)
ca The member shown on this form is wry correct taxpayer identification
ANDtot ng. err(b) I have not beat notified by the
(I) I am not subject to backup withholding because (a) I am exempt.from backup t failure to rq od all interest or ditby the
Internal Revenue Sernit (IRS) that I tun subject to longerbackupsubject
withholding withholding lmg (does not apply to real estate transactions,
or the r has notified cq siti I am rwabmtd ad of�secured try mntnbution to an individual n�uement arrangement
mortgageainterest paid. the athcquisition inure 4 to 6acla p
(IRA),I and payments tions.— You
must
cross
out it idividends)
o � � not by � that you are currently subject
Certificationwithholding
Instructions.—deer You nos! doss out vide As abase rf you
ham on the reverse of faun-)
withholding because of underreporting interest or dividends on your tax return. (Also see Signing the Catifw' -
BARBARA J. KIRKMEYER, CHAIR OF WELD COUNTY BOARD OF COMMISSIONERS Title (Print or Type)
4Name (Print or Type)
' /U Date 11/O[. 96 Telephone U19)-3- S- I'--.4' E" a 0-
Signature / _
DO NOT WRITE BELOW THIS LINE
AGENCY USE ONLY 9619'73
1099 Y _ N VEND Addition _ Change _
Agency — -- — — __
SPECIAL INSTRUCTIONS FOR SOLE PROPRIETORSHIP TAX IDENTIFICATION NUMBER (TIN)
If you are doing business with the State of Colorado as an individual or sole proprietorship your Tax Identification
r'umber ( IN) IS your Social Security Number. A Federal Employer Identification Number (FEIN)may have been assigned to a
sole proprietorship, but this is not used for 1099 reporting purposes. It is used only for the reporting of taxes withheld from
employees, Highway Vehide taxes and excise taxes. The FEIN is to be used on Forms 940, 941, 720 and 2790.
•
NAME
Enter First and Last name EXACTLY as it appears on Social Security Card, if an individual or doing business as a sole
proprietor. However, If you have changed your last name, for instance, due to marriage, without informing the Social Security
Administration of the name change, please enter your first name and both the last name shown on your social security card_
and your new last name. Enter the name you are Doing Business As (DBA) on the second line.
OR •
Enter Legal Business name EXACTLY as registered with—I& IRS, if operating as a corporation, partnership, trust, club,
association, or entity other than an individual or sole proprietorship. If doing business under a second name (DBA) enter
DBA name on second line.
Information returns (1099s), If applicable,and payments will be sent to the name listed on the first line.
YOU MUST CHECK THE BUSINESS TYPE THAT CORRESPONDS WITH THE NAME ENTERED.
HOW TO OBTAIN A TIN
If you do not have a TIN, you should apply for one immediately. To apply for the number, obtain Form SS-5, Application
for a Social Security Number Card (for Individuals), or Form SS-4, Application of Employer Identification Number (for
businesses and all other entities), at your local office of the Social Security Administration or the Internal Revenue Service.
Complete and file the appropriate form according to its instructions.
To complete Form W-9 if you do not have a TIN, check "Applied For" box in the space indicated on the front, sign and
date the form, and give it to the requester. For payments that could be subject to backup withholding, you will then have 60
days to obtain a TIN and furnish it to the requester. During the 60-day period, the payments you receive will not be subject to
the 20% backup withholding, unless you make a withdrawaL However if the requester does.not receive your TIN from you
within 60 day's, backup withholding, if applicable, will begin and continue until you furnish your TIN to the requester.
Note: Writing "Applied For on the form means that you have already applied for a TIN OR that you intend to apply for one in the
near future.
As soon as you receive your TIN, complete another Form W-9, Include your new TIN, sign and date the form, and give it
to the requester.
SIGNING THE CERTIFICATION
(1) Interest, Dividend, and Barter Exchange Accounts Opened Before 1984 and Broker Accounts That Were Considered
Active During 1983. — You are not required to sign the certification; however, you may do so.' You are required to provide
your correct TIN.
(2) Interest, Dividend, Broker and Barter Exchange Accounts Opened After 1983 and Broker Accounts That Were
Considered Inactive During 1983. — You must sign the certification or backup withholding will apply. If you are subject to
backup withholding and you are merely providing your correct TIN to the requester, you must cross out item (2) in the
certification before signing the form.
(3) Real Estate Transactions. — You must sign the.certification. You may cross out Item (2) of the certification if '..a
wish.
(4) Other Payments. — You are required to furnish your correct Tin, but you are not required to sign the certification
unless you have been notified of an incorrect TIN.- Other payments include payments made in the course of the requester's
trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services, payments to a
nonemployee for services (including attorney and accounting fees), and payments to certain fishing boat crew members.
(5) Mortgage Interest Paid by You, Acquisition or Abandonment of Secured Property, or IRA_Contributions. — You
are required to furnish your correct TIN, but youare not required to sign the certification_
(6) Exempt Payees and Payments. —- If you are exempt from backup withholdmt you should complete this from to avoid
possible erroneous backup withholding. Enter your correct TIN in LEGAL BUSINESS DESIGNATION section, and write
`EXEMPT' above your signature, sign and date the form. If you are a nonresident alien or foreign entity not subject to backup
withholding, give the requester a competed Form W-8,Certificate of Foreign Status.
OTHER
•
Signature. — For a joint account, only the person whose TIN is shown in LEGAL BUSINESS DESIGNATION should sign
the form.
Privacy Act Notice. — Section 6109 requires you to furnish your correct taxpayer identification number (TIM to persons
who must file information returns with IRS to report interest, dividends, and certain other income paid to you, mortgage
interest you paid, the acquisition or abandonment of secured property, or contributions you made to an individual retirement
arrangement BRA). IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return- You
must provide interest, dividend,randNcerta n other payments to as payee who l does not furnishayTIN o must a payer Certain penalties omay also
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