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HomeMy WebLinkAbout20212267.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 2.5, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOSIE CHAVEZ 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 Concerning the Purchase of Temporary Construction Easement for Certain Improvements to County Road 2.5 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 Josie Chavez, 13780 County Road 2.5, Brighton, Colorado 80603, 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 Concerning the Purchase of Temporary Construction Easement for Certain Improvements to County Road 2.5 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 Josie Chavez, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. cc: PW(ER/CH/D4) OWOS/zl 2021-2267 EG0079 AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 2.5 - JOSIE CHAVEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,dtAtii) G ueio;ok Weld County Clerk to the Board Steve Mor no, Chair S • • ames, Pro -T "rry L. Bu ike Freeman ounty • ttorney Date of signature: O≤dlo44 /2( 2021-2267 EG0079 /D BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Agreement for the Purchase of a Temporary Construction Easement - Josie C. Chavez DEPARTMENT: Public Works DATE: July 26, 2021 PERSON REQUESTING: Dawn Anderson Brief description of the problem/issue: Public Works requests a temporary construction easement (TCE) be acquired from Josie C. Chavez to use as a staging yard for material and equipment during construction of Bridge 2.5/27A. The TCE being acquired is a total of 13,149 sf. or approximately 0.302 ac. The total compensation negotiated between the owner and Weld County is $7,500. {Breakdown: TCE = $2,200; Relocation of Owner's propane tank = $800; Cost to cure to replace fencing = $4,500) Attachments: Agreement for Purchase between Josie C. Chavez and Weld County Exhibit A: Map & Legal Description Grant of Temporary Construction Easement Document What options exist for the Board? (include consequences, impacts, costs, etc. of options): Option 1: Approve pass around and allow staff to place the agreement and TCE on the next regular BOCC hearing agenda for consideration of approval and chair signature. Option 2: Require staff to schedule a work session to discuss in more detail. Option 3: Deny request for TCE with Owner. Recommendation: Public Works recommends Option #1. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule Recc endaton Work Session Other/Comments: Vj Briar L, Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine(a7weldov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, July 27, 2021 8:00 AM Karla Ford RE: Please Reply - Public Works Pass -Around Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Tuesday, July 27, 2021715 AM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - Public Works Pass -Around Importance: High Please advise if you approve recommendation. Thank you! Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 .: 970.336-7204 :: kford@weldQov,cat :: www.weldgov corm **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 1 AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT BETWEEN JOSIE C. CHAVEZ AND WELD COUNTY, COLORADO THIS AGREEMENT is made this c day o , 2021, by and between the JOSIE C. CHAVEZ, whose address is 13780 Weld County Roa 2.5, righton, Colorado 80603 hereinafter collectively referred to as "Owner," and WELD COUNTY, a dy 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." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as Temporary Construction Easement" or TCE, which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to replace the existing bridge County Road 2.5 and improve the roadway (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A — Description, Depiction, and Form o TCE. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Seven Thousand Five Hundred Dollars, ($7,500.00). a. Owner agrees to sell and County agrees to purchase a Temporary Construction Easement described on Exhibit "A" for the sum of Two Thousand Two Hundred Dollars, ($2,200.00). b. County agrees to compensate Owner at Closing, the sum Eight Hundred Dollars, ($800.00) for the relocation of Owner's residential propane tank. Owner agrees to complete relocation of the propane tank no later than August 1, 2021. The propane tank shall be a minimum of 25 feet from the public road right of way (ROW). c. County agrees to compensate Owner at Closing, the sum of Four Thousand Five Hundred Dollars, ($4,500.00) as a cost to cure to replace fencing. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Page 2 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JOSIE C. CHAVEZ AND WELD COUNTY, COLORADO III. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit A. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. IV. CLOSING 1. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Temporary Construction Easement which is required to be paid. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Temporary Construction Easement. 2. Owner will execute all documents required to close on the sale of the Temporary Construction Easement. 3. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 4. County shall at closing pay all fees associated with recording this Agreement and the Temporary Construction Easement. V. MISCELLANEOUS: 1. County will install a permanent three -strand barbed wire fence and tube gate with lock on the ROW between the west property line and the Fulton Ditch. County will provide Owner and Fulton Ditch Company the key to the gate. 2. County will install a temporary construction fence and tube gate on the ROW between the Fulton Ditch and the east property line to provide enclosure for Owner's dogs during construction. 3. After completion of the temporary construction fence the County will remove the existing fence currently encroaching into the ROW. 4. Owner may keep the temporary fence to allow Owner to proceeded with permanent fencing after bridge construction is complete or upon Owner's request County will remove temporary construction fence upon completion of the project. 5. 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. Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JOSIE C. CHAVEZ AND WELD COUNTY, COLORADO 2. 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. 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. 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. 5. 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. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and 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 the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 3. 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: JOIE C. CHAVE B Josie avez vit-e Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JOSIE C. CHAVEZ AND WELD COUNTY, COLORADO ATTEST: Weld C BY: C erk to the B a and Deputy Cler / o t e Bo APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ve Moreno, Chair JUL 2 8 2021 02002/ - a.2 / 7 CE 1/16 CORNER S32 -T1 N-R66W-\ r" W1,2 -SE 1/4 S32-TIN-R66W C. VINCENT PHELPS TR EXISTING 20' ROW 8Y USAGE 1J EXISTING 30 ROW AS SHOWN 30 ON RE -512 fi TEMP MARY CONSTIRICTION '`+N EASEMENT ACQUIRED 13,149 sf. 1A!T OR W302 ac.± JOSTE C. CHAVEZ FAUDOA E1/2 -SE 1/4 S32 -TI N-R66W a WCR 2.5 PICKELL EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NUMBER 1471-32-4 RE -512, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 1868150, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE EAST ONE-HALF OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 89'28'57" EAST, A DISTANCE OF 1326.75 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32, SOUTH 00'18'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5 AS SHOWN ON SAID RE -512, SAID POINT BEING THE TRUE POINT ON BEGINNING - THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'28'57" EAST, A DISTANCE OF 173.99 FEET, TO A POINT ON THE TOP OF THE WEST BANK OF THE FULTON DITCH; THENCE ALONG SAID WEST BANK THE FOLLOWING 6 COURSES; THENCE SOUTH 53'20'03" WEST, A DISTANCE OF 22.51 FEET; THENCE SOUTH 53'10'01" WEST, A DISTANCE OF 70.66 FEET; THENCE SOUTH 52'58'17" WEST, A DISTANCE OF 40.31 FEET; THENCE SOUTH 33'26'10" WEST, A DISTANCE OF 40.78 FEET; THENCE SOUTH 28'41'29" WEST, A DISTANCE OF 82.75 FEET; THENCE SOUTH 20'57'25" WEST, A DISTANCE OF 11.08 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32; THENCE ALONG SAID WEST LINE, NORTH 00'18'06" WEST, A DISTANCE OF 195.48 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,149 sf. OR 0.302 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION CHAVEZ WELD COUNTY, COLORADO v WELD COUNTY DEPARTMENT `'861 OF PUBLIC WORKS MEI -.. OUNT'Y WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 SCALE: DATE: 7-08-21 DRAWN BY: DRH SHEET: 1 of 2 P.O.C. CE 1/16 CORNER S32-T1N-R66W FND 2 1/2" ALUM. CAP PLS 38512, 2019 WCR 2.5 VAZQUEZ TEMPORARY CONSTRUCTION EASEMENT ACQUISITION CHAVEZ WELD COUNTY, COLORADO EXHIBIT -A C. VINCENT PHELPS TRUST NE 1/4 S32 -TI rV-R66W EXISTING 20' ROW BY USAGE E 1/4 COR. S32-T1N-R66W FND 2 1/2" ALUM. CAP ILLEGIBLE N89'28'57"E 1326.75' BASIS OF BEARING TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 13,149 sf. OR 0.302 ac.± JOSIE C. CHAVEZ RECP.#3936430 PARCEL# 147132400033 LOT -A RE -512 REP# 1868150, 9-03-1981 PL PL FAUDOA E I/2 -SE 1/4 S32-T1:V-R66W" PICKELL LINE TABLE LINE BEARING DISTANCE L1 SO0'18'06"E 30.00' L2 N89'28'57"E 173.99' L3 S53'20'03"W 22.51' L4 S53'10'01''W 70.66' L5 S52'58'17"W 40.31' L6 S33'26'10"W 40.78' L7 S28'41'29"W 82.75' L8 S20'57'25"W 11.08' L9 NO0'18'06"W 195.48' 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. WELD COUNTY DEPARTMENT 1861 _ OF PUBLIC WORKS WCR 2.5 & 29 PROJECT PROJECT NO: BIL-73 DATE: 7-08-2I SCALE: 1"=100 DRAWN BY: DRH SHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between JOSIE C. CHAVEZ, whose address is 13780 Weld County Road 2.5, Brighton, Colorado 80603, (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 Owner 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 A. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force on August 31, 2022 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 of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees to keep Owners driveway clear of obstructions and allow Owner to use driveway throughout the term of the TCE. GRANTOR: Josie C. Chavez Contract Form New Contract Request Entity Information Entity Name* CHAVEZ, JOSIE Entity U)* P00044196 Contract Name* AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT - JOSIE C. CHAVEZ Contract Status CTB REVIEW ❑ New Entity? Contract ID 5069 Contract Lead* DRANDERSON Contract Lead Email drandersongco.weld.co.us Parent Contract ID Requires d YES Department Project Contract Description* AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT - JOSIE C. CHAVEZ BRIDGE REPLACEMENT CR 2.5 TCE = 13,149 S.F. OR - 0.302 AC. Contract Description 2 Contract Type AGREEMENT Amount* $7,500.00 Renewable* NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- Publ i cWo rks g' wel dgay. co m riment Head Email CM-PublicWorks- DeptHead +veldgov.com County Attorney BOB CHOATE County Attorney Email BCI-JATEPCO. WELD.CO. US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 07=28+202 1 Due Date 07;24{2021 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? NO 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 Termination Notice Period Review Date* 11 08;2022 Committed Delivery Date Renewal Date Expiration Date 11'`15,2022 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone i Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 07;23x2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0728t2021 Originator DRANDERSON Finance Approver CHRIS D'OVIDIO Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 07./26,2021 07'26x2021 Tyler Ref # AG 072821 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between JOSIE C. CHAVEZ, whose address is 13780 Weld County Road 2.5, Brighton, Colorado 80603, (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 Owner 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 A. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force on August 31, 2022 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 of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees to keep Owners driveway clear of obstructions and allow Owner to use driveway throughout the term of the TCE. eoro,,,Y-64.04, /2-aati a2 21 -10267 E.Gdo'19 Hello