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Home My WebLink About20210157.tiffRESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR STOCKPILING ROAD CONSTRUCTION MATERIALS AND AUTHORIZE CHAIR TO SIGN - LYNN SMITH 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 Temporary Construction Easement for Stockpiling Road Construction Materials, 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 Lynn Smith, commencing January 11, 2021, and ending December 31, 2023, with further terms and conditions being as stated in said easement, and WHEREAS, after review, the Board deems it advisable to approve said easement, 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 Temporary Construction Easement for Stockpiling Road Construction Materials, 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 Lynn Smith, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said all necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2021, nunc pro tunc January 11, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d...am,A) Weld County Clerk to the Board BY: AP ounty Attorney Date of signature: O1/2212 Steve M. eno, Chair ScJames, Pr -T Perry L.ck ike Freeman CC pw014/T5) O2/a1/21 Lori S 2021-0157 EG0079 n-Frct.c+ SJ 93Co3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Temporary Construction Easement for Stockpiling Road Construction Material DEPARTMENT: Public works DATE: December 10, 2020 PERSON REQUESTING: Duane R. Naibauer Brief description of the problem/issue: County Requires a location to stockpile material for road construction projects and has worked with the landowner to reach an agreeable location, term and payment for a temporary construction easement. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Option 1. Approve the Temporary Construction Easement and payment to allow staff to place on BOCC hearing agenda. The landowner, Lynn Smith has agreed to granting approximately 4.5 acres located near Keota for stockpiling material for road construction projects. The landowner has agreed to a yearly rental of $1,500.00 a year as compensation for the temporary easement. The easement will renew annually expiring on December 31, 2023. Staff believes the location and cost are very reasonable. The previous Temporary Construction Easement that has been in place since December 6, 2017 is expiring December 31, 2020 and staff would like to renew as we are still using the site to pre -position material for road construction projects. Recommendation: Staff recommends approving the attached Construction Easement. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Approve Recommendation Schedule Work Session Other/Comments; 2021-0157 ©1/t3 aGoo-7 9' Temporary Construction Easement +h THIS AGREEMENT is made this 10 clay of jar) . , 2021, by and between Lynn Smith, Owner herein referred to as "Grantor" and the Weld County Public Worlds on behalf of the County of Weld, a body corporate and politic of the Stair of Colorado, by and through its Board of Comity Commissioners, whose address is 1150 `O' Street, Greeley, Colorado 80631 hereinafter referred to as "Grarrtee." Grantor hereby grants to the Grantee a Temporary Construction Easement. Said Temporary Condon Easement is because the County of Weld, Colorado (Weld) requires a location to stockpile road base for use on various County road projects. The Owner, has agreed to allow the County the use of approximately 4.5 aches located in Section 23, Township 10 North, Range 61 West, in the location that has previously begirt primed and fenced for stockpile material, generally located parallel to County Road 390 to stockpile road base. The County will have access through the current access points. Either party may terminate this agreement upon 180 days notice, rent will be prorated upon termination. Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: Weld agrees to pay the sum of $1,500,00 /year as rent to Smith for use of property to be payable by the end of each calendar year beginning January 11, 2021 and expiring December 31, 2023. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures on the Easement Area which may interfere with Grantee's full enjoyment of the rights hereunder. Subject to the foregoing, Grantor reserves the right to use and occupy the easement area for any and all purposes not inconsistent with the rights granted herein. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement. Landowner: LYNN SMITH By: n� ynn Smith BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JAN 1 3 21021 oZo�-i --0/57 Contract Form Entity Information Entity Name* SMITH, LYNN New Contract Request Contract Name* STOCKPILE SITE - LYNN SMITH Contract Status CTB REVIEW Entity ID* )00030507 Contract Description* STOCKPILE MATEIAL FOR ROAD CONSTRUCTION PROJECTS. Contract Description 2 Contract Type " AGREEMENT Amount* S4,500.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorksgweldgov.com Department Head Email CM-PublicWorks- DeptHead:�rveldgov.c©m County Attorney BOB CHOATE County Attorney Entail BC HOATELT'CO.1W'ELD.C O. US New Entity? Contract ID 43£3 Contract Lead DNAI BAU ER Contract Lead Email dnaibauer@co.weld.co.us Requested BOCC Agenda Date* 01.'04/2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 12,31/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MA enter MSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract [fates Effective Date Termination Notice Period Review Date* 11101,2023 Committed Delivery Date Renewal Date Expiration Date* 12/31/'2023 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 01/07.2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01;13;2021 Originator DNAIBAUER Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 01 '08;2021 Tyler Ref it AG 011321 Legal Counsel BOB CHOATE Legal Counsel Approved Date 01 /08,`2021 Hello