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Home My WebLink About20222716.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC ROAD IMPROVEMENT PROJECT (COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT) AND AUTHORIZE CHAIR TO SIGN - EDWARD AND MONIKA MIKA 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 the Purchase of a Temporary Construction Easement for a Public Road Improvement Project (County Roads 74 and 33 Intersection Roundabout Project) 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 Edward and Monika Mika, 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 Agreement for the Purchase of a Temporary Construction Easement for a Public Road Improvement Project (County Roads 74 and 33 Intersection Roundabout Project) 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 Edward and Monika Mika, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of September, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELCOUNTY, COLORADO ATTEST: t� ,& ,, J4L;ok, Weld County Clerk to the Board County —•rney Date of signature: ci /29 /22. CG:N1(cH/ERic,3) ►x/27/2.2 Scot K. JamesChair c , Zi_.,---..._ Lori Saine 2022-2716 EG0080 0An+r-,,,c+ S+O 4t Co3Co9 MEMORANDUM TO: Clerk to the Board DATE: September 15, 2022 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Agreement for Purchase of a Temporary Construction for Road Construction CONTRACT ID: 6369 RE: WCR 74 AND WCR 33 Intersection Approve Agreement for Purchase of a Temporary Construction Easement for Public Road Improvement Project between Edward and Monika Mika and Weld County, Colorado. Total Compensation to be paid to Owner is $500.00 as outlined below: • County agrees to pay $500.00 for a 871 square foot Temporary Construction Easement 2022-2716 bpi/ 219 OOsO Page 1 of 10 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC ROAD IMPROVEMENT PROJECT •THIS AGREEMENT is made this V& day of S 3 , 2022, by Edward and Monika Mika whose address is 15681 CR 74, Eaton CO 80615 hereinafter referred to as "Owner" (whether one or more), 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 a parcel of real property (the "Property") described as Lot B of Recorded Exemption #0707-34-4 RE -4928, a portion of the S1/2 of Section 34, Township 7N, Range 66 W of the 6th P.M. WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 33 (hereinafter "WCR 33"), and Weld County Road 74 (hereinafter "WCR 74"), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires a temporary construction easement from the Property for the benefit of County in order to complete a portion of the Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS Exhibit A— Temporary Easement form, legal descriptions, and depictions II. COMPENSATION; PROPERTY CONVEYANCE I. Owner agrees to sell and County agrees to purchase the property interests described in the attached Exhibits for the total sum of Five Hundred dollars and no cents, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. a. Owner agrees at closing to sell and County agrees to purchase at closing the Temporary Construction Easement described on Exhibit A for the sum of Five Hundred dollars no cents, ($500.00). Page 2of4 2. Owner shall convey the property interests described above free and clear of all encumbrances of record or of which Owner has actual knowledge, and County shall cause payment to be made, at closing, which shall occur no later than thirty (30) days following mutual execution of this Agreement. 3. Owner shall pay any encumbrance associated with the property interests which is required to be paid, including, but not limited to, a prorated amount of the property taxes (if applicable), and any past due property taxes (including special assessments and interest and penalties thereon), on or before the date of closing. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the property interests. All of the foregoing costs are collectively referred to as "Owner's Costs". Owner warrants that they are the Owner of the property interests and will defend title thereto against all claims. Owner agrees to indemnify County for any of Owner's Costs that County is required to pay as County determines necessary to effectuate conveyance of the property interests described above. 4. County shall be entitled to take possession of the property interests described immediately upon mutual execution of this Agreement. III. MISCELLANEOUS 1. This Agreement and the conveyance of the Property 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. 2. This Agreement shall be binding upon the Owner upon the date of signature by Owner. County shall have a minimum of thirty (30) days to present this Agreement for approval and execution by the Board of County Commissioners. Owner agrees they may not withdraw from this Agreement during that time unless the Board of County Commissioners has considered and rejected this Agreement. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by all parties. 4. 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 Page 3 ot'4 Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 5. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 6. It is expressly understood and agreed that the enforcement of the terms and conditions ofthis 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. 7. Colorado law, rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and/or regulations shall be null and void. In the event of a legal dispute between parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 8. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 4of4 Acknowledgment. County and Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Each has had an opportunity to seek legal counsel in relation to the obligations required by this Agreement. OWNER Edwa i Mika /// Signature Date Monika Mika Signature COUNTY Scott K. James, Chair Weld County Board of County Commissioners Signature SEP 2 6 2022 ATTEST: .,1214/0 Jelf0;11 Weld County Clerk to the Board atixt-al to-ick__ Deputy Clerk to the Board Date 00 2.027/C EXHIBIT A GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between EDWARD MIKA AND MONIKA MIKA (referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: I . The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect eighteen (18) months, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf ofCounty so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. The County has the right to install temporary fencing or temporary earthen berms on the TCE lines to provide a visible separation from the landowner's activities and the construction contractors activities. The County will pay the cost for installing and maintaining such items and will be responsible for removal after the construction work has been completed. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2022, by Witness my hand and official seal. Notary Public WELD COUNTY REAL PROPERTY TO BE AQUIRED Temporary Easement Number: TE-01 STA. 99+07.76 Lt. to STA. 99+26.17 Lt. (WCR 74 Align.) FROM Edward T. Mika & Monica R. Daniels -Mika 15681 CR 74 Eaton, CO 80615 FOR Project Code: 23044 Project Number: STU C030-078 Location: CR 33 & CR 74 Intersection EXHIBIT "A" PROJECT CODE: 23044 PROJECT NUMBER: STU CO3O-078 TEMPORARY EASEMENT NUMBER: TE-01 DATE: January 04, 2022 LEGAL DESCRIPTION A Temporary Easement No. TE-01 of the County of Weld Project Code 23044, Project Number STU C030-078, containing 871 square feet (0.020 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 34, Township 7 North, Range 66 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -B of Recorded Exemption No. 0707-34-4 RE -4928, filed in the Weld County Clerk and Recorders office under reception No. 3689546 and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 34; Thence North 89"45'22" West a distance of 1192.36 feet, to a point on the North Right-of-way line of Weld County Road 74, also being a point on the Easterly line of said Lot -B, said point being the POINT OF BEGINNING. 1. Thence along said North Right-of-way line, South 88'48'08" West a distance of 18.41 feet; 2. Thence departing said Right-of-way line, North 15'59'15" West a distance of 46.61 feet; 3. Thence North 74'00'45" East a distance of 17.80 feet, to a point of the easterly line of said Lot -B; 4. Thence along said Easterly line, South 15'59'15" East a distance of 51.31 feet to the POINT OF BEGINNING. The above -described parcel contains 871 sf. (0.020 ac_), more or less. The purpose of the above described Temporary Easement is for activities associated with roadway construction and private irrigation system construction. Basis of Bearings: The Basis of Bearings for project reference is the North line of the Northwest One -Quarter of Section 2, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 23513 in a monument box on the West end, to the North One -Quarter of said section 2, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 30462, 2002 in a monument box at the East End, as Bearing North 88"32'20" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2658.68 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLO 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 EXHIBIT -A EDWARD T. MIKA & MONICA R. DANIELS MIKA PARC.#070734400039 RECD.#3919730 LOT 8/RE-4928 RECP.# 3689546 TE-01 TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 871 sf. OR 0.020 ac.± WCR 74 S88,48.0 2660.67 2660.67 US1/4- S34-T7N-R66W FOUND 3 1/4" ALUM. CAP LS -38353, 2015 IN MON. BOX VIC LEFFLER AND SONS, INC. 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. TEMPORARY CONSTRUCTION EASEMENT ACQUISITION MIKA - TE-0 1 WELD COUNTY, COLORADO DON ANDERSON, INC LOT Di/RE-4928 RECP.# 3689546 LINE TABLE BEARING S88'48'08"W N15'59'15"W N 74'00'45"E S15'59'15"E DISTANCE FUTURE RIGFIT-OF ANA - -P.O.C. SE COR. S34-T7N-R66W FOUND 2 1/2" ALUM. CAP LS -23513 IN MON. BOX C LEFFLER AND SONS, INC. DATE 2-14-22 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 & 33 INTERSECTION PROJECT NO: GR-55 DRAWN 9Y:I)R SCALE: I "=50 SHEET: 2 01'2 AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROADS 74 AND 33 INTERSECTION - EDWARD AND MONIKA MIKA APPROVED AS TO SUBSTANCE: Elent Head, r eputy Department Head APPROVED AS TO FUNDING: f Chief Financial O icer APPROVED AS TO FORM: County Attorney Contract Form New Contract Request Entity Information Entity Name* MIKA, EDWARD Contract Name* EDWARD AND MONIKA MIKA Contract Status LEGAL CHECK Entity ID* O00046116 ❑ New Entity? Contract ID 6369 Contract Lead" TVJOHNSON Contract Lead Email tvjohn son,'co.weld.co. us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION ESEMENT FOR PUBLIC ROAD IMPROVEMENT PROJECT Contract Description 2 Contract Type* AGREEMENT Amount'. 5500.00 Renewable * NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadL weldgov.c©m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYWELDG O R N EY:R WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 09x26 2022 Due Date 09; 22 2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 09 22'2022 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date 09;`22:'2024 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head DH Approved Date Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09 26 2022 Originator TV'J©HNSON Finance Approver Legal Counsel Finance Approved Date Legal Counsel Approved Date Tyler Ref # AG 092622 Hello