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Home My WebLink About20212307.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS PROJECT AT INTERSECTION OF COUNTY ROADS 37 AND 80, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - FAGERBERG PRODUCE, INC. 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 Certain Property for Temporary Construction Easement for Improvements Project at Intersection of County Roads 37 and 80, 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 Fagerberg Produce, Inc., 17673 County Road 80, Eaton, Colorado 80615, 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 Certain Property for Temporary Construction Easement for Improvements Project at Intersection of County Roads 37 and 80, 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 Fagerberg Produce, Inc., 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/GK) ©$7O6/21 2021-2307 EG0079 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS PROJECT AT INTERSECTION OF COUNTY ROADS 37 AND 80 - FAGERBERG PRODUCE, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of August, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithA) •gi Weld County Clerk to the Board BY: Nl� Deputy Clerk to the Boar ED County Attorney Date of signature: O'/Q6/21 Steveoreno, Chair Lori S 2021-2307 EG0079 %Y z Ali "•7DP3 MEMORANDUM TO: Esther Gesick, CTB DATE: July 23, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Purchase and Sales Agreement for Fagerberg Produce TCE for CR 80 & CR 37 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the purchase of a temporary construction easement located along the north side of CR 80 for the CR 80 and CR 37 intersection. The agreement and offer were reviewed by the BOCC in a pass around that was returned on June 28, 2021. All five commissioners approved the recommendation to offer Fagerberg Produce an amount not to exceed $1,000.00. I will attend the BOCC meeting to answer any questions the BOCC may have. Page 1 of I Ma —Active Projects\WCR 80 & WCR 37 Iniersection\Design\ROW Acquistion Services\Fagerberg\Fagerberg PSA Memo to CTB docx 2021-2307 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: CR 80 and CR 37 Temporary Construction Easement Acquisition Offer for Fagerberg Produce Property DEPARTMENT: Public Works DATE: June 24, 2021 PERSON REQUESTING: Clay Kimmi, Elizabeth Relford Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 80 and CR 37 project which is slated to begin construction in November of 2021. During the design phase of the project, it was determined that the County would need to acquire a temporary construction easement (TCE) from the parcel to reconstruct a driveway to match the new roadway elevations. Since the value of the acquisition was expected to be less than $5,000, an appraisal of the property was not ordered. Our contracted ROW agent, Western States Land Services, instead performed a Fair Market Value (FMV) analysis. The FMV for the TCE was $725.00. Applying the 30% signing incentive to the value of the land, the value is $1,000.00 (rounded). In order to receive the 30 % incentive, Mr. Fagerberg would need to provide the signed agreement within 30 days of our offer. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The BOCC can authorize Public Works to offer the landowner an initial offer of $1,000.00. 2. The BOCC can suggest an alternative amount. 3. The BOCC can ask for a work session. Recommendation: Public Works recommends Option 1 which is offering the landowner the FMV with the 30% incentive for a total of $1,000.00. If Fagerberg Produce accepts the offer and signs the agreement, Public Works will place the agreement on the BOCC's agenda for approval at an upcoming hearing. If Fagerberg Produce wishes to request more than $1,000.00, Public Works would return to the Board with a new recommendation. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Seine Schedule Work Session Other/Comments: Page 1 of 6 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN FAGERBERG PRODUCE, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this "9 day of 1'1 (L , 2021, by FAGERBERG PRODUCE INC., a Colorado corporation whose address is 17673 R 80, Eaton, Colorado 80615 hereinafter referred to as "Owner" (whether one or more), and the COUNTY OF WELD, a body corporate and politic ofthe 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 described in the attached Exhibit A (TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 37 (WCR 37), and Weld County Road 80 (WCR 80), which will involve the realignment and construction of said roads, (hereinafter referred to as the "Project"), and WHEREAS, County requires a TCE from the Property for the benefit of County in order to complete a portion ofthe Project, and WHEREAS, Owner wishes to cooperate with County in the Project, NOW, THEREFORE, the parties herein agree as follows: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this agreement. • Exhibit A — 001-TCE Temporary Easement legal description and depiction II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is one thousand dollars and zeilo cents. ($1,000.00). 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement described on Exhibit A for the sum of one thousand dollars and zero cents ($1,000.00). 3. The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. III. TEMPORARY CONSTRUCTION EASEMENT(S) Page 2 of 6 1. Owner hereby wants a TCE to the County covering all property described and depicted in, and subject to tie 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. 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 Agreemait. 2. 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 TCE which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, liens, and special assessments, (and interest and penalties thereon), on or before the date of closing when Owner delivers the TCE. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the TCE. 3. County shall be entitled to take possession of the TCE immediately upon the execution of this agreement. 4. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Property. 5. County shall pay all fees associated with recording this Agreement and/or the Exhibits. V. 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 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. Page 3 of 6 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 tie 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. 7. 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: FAGERBER9.P OD JCE, INC. Signature: ATTEST: Weld C BY: Date: 7 % { BOARD OF COUNTY COMMISSIONERS Adjohe. 441P ty Clerk to the : oard WELD COUNTY, COLORADO Deputy Clyktot eSt ve Moreno, Chair AUG 0 2 2021 Kati - 013023O 7 Page 4 of 6 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Fagerberg Produce Inc., (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 or effect 2 years later, 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 that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. Page 5of6 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACQUISITION A Parcel of land lying in the southeast one -quarter (SE1/4) of Section 13, Township 7 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of LOT A, plat of 2nd Amended Recorded Exemption No. 0707-13-4-RE926, recorded May 25, 1994. under Reception Number 2390241, Weld County Records, described as follows: Beginning at the Southeast corner of said Lot A, said point also lying on the north line of that 80 foot wide Right of Way agreement, as described under Reception Number 18521, recorded October 28, 1885, Weld County Records: thence Star24'3YW,181.80 feet, along said north line; thence N41'38'00"E, 4724 feet; thence N8924'39"E, 29.85 feet; thence 800.01 32"E, 50.03 het; thence N1S'24'30"E, 61.38 feet, to the east line of said Lot A; thence S00'35'21"E, 200 het, along said east line, to said north line, the Point of Beginning. Also known by street and number as: 17873 County Road 80 Eaton, CO 80115. Containing 2,438 square feet (0.056 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the South Tine of the Southeast Quarter of Section 13, Township 7 North, Range 88 West, 6th Principal Meridian, bearing South 89°24'39 West, with the South 1/4 Corner of said Section 13 being monumented by 21/Y aluminum cap in a box, stamped LS 12374,1996, and the Southeast Corner of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN PI.S 38680 Prepared for and on behalf of Short Eliot & Hendrickson 2000 S. Colorado aid., Suits 8000 Denver CO, 80222 TEMPORARY CONSTRUCTION EASEMENT ACQUISITIpi 0O1--TCE FAGERBERG PRODUCE, INC. WELD COUNTY, rx1ORADO WELD COUNTY DEPARTMENT OF PUBLJC WORKS VCR BO & WCm 37 INTEReECRON PROJECT PROJECT NO: OR40 SCALE: 1' . 106' DATE:I/Mea1 DRAWN BY: K JM SHEET Ic 2 Page 6 of 6 GEC i1 1)4 SEG. 24 TEA RORARY CONSTRUCTION EASEMENT A QU ISM ON EXHIBIT A 001-TC E PROPOSED TEMPORARY CONSTRUCTION EASEMENT REA: 2438 S.F. (0.058 AC) MIL. NE1/4 SEC. 24 TaN, R66W CITY OF THORNYTON PARC S 070724440021 RECP. 0 2095041 CD 4-1S-1967 UNPLATTED C {� I ' • PAR.A0 RECK, WI •*tn LOT B O0W A E.N0ET3 RECORDED WV 0707-1 ' . ,., «.► RECP. • CALL t1T)U TY NOT1 F1CATt0 N CENTER OF COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR SO & WCai 37 Contract Form New Contract Request Entity Information Entity Name* FAGERBERG PRODUCE INC. Entity ID * aO0028202 Contract Name* AGREEMENT TO PURCHASE TEMPORARY CONSTRUCTION EASEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 5083 Contract Lead* CKIMMI Contract Lead Email CKirnm1gco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # GR-60 Contract Description* AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION AGREEMENT FOR THE CR 80 AND CR 37 INTERSECTION PROJECT. Contract Description 2 Contract Type AGREEMENT Amount* $1,000.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorksOweldgov.corn Department Head Email CM-PublicWorks- DeptHeadveldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE•CO.WELD.CO.US Requested BOCC Agenda Date* 08'02:2021 Due Date 07 29.2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA 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 Dates Effective Date Review Date 07 23 , 2021 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Contact Type Contact Email Expiration Date* 08;02 2023 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 07/2372021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08{022021 Originator CKIMMI Finance Approver CHRIS D0VIDI0 Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 07,`26x'2021 07/26/2021 Tyler Ref # AG 080221 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between FAGERBERG PRODUCE INC. a Colorado Corporation (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: The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the ICE 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 ICE, 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. Owner agrees to limit fanning (plowing, planting, irrigating, harvesting, etc.) to Temporary Construction Easement. The TCE will be utilized for construction staging, materials storage, stockpiling and utilities relocation. In addition, these areas will be utilized to construct temporary earthen berms and ditches to control storm -water runoff and irrigation tailwater from entering the work zone. After all the work is completed, these areas will be returned to their original condition with a layer of topsoil. ada/- a30"7 6606179 GRANTOR; Fagerberg Pr�ice, Inc. A Colorado Corporation STATE OF COLORADO COUNTY OF WELD ) ) ss. The foregoing instrument was acknowledged before me this I Qt day of �,y( 2021, by � ��..,, as �� t cct. of Fagerberg Produce, Inc.Colorado Corporation Witness my hand and official seal. LORI LTRAHAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954005074 MY COMMISSION EXPIRES APRIL 20. 2023 Notary public Page 6 of 7 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACQUISITION A Parcel of land lying in the southeast one -quarter (SE1/4) of Section 13, Township 7 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of LOT A, plat of 2nd Amended Recorded Exemption No. 0707-13-4-RE926, recorded May 25, 1994, under Reception Number 2390241, Weld County Records, described as follows: Beginning at the Southeast corner of said Lot A, said point also lying on the north line of that 60 foot wide Right of Way agreement, as described under Reception Number 18521, recorded October 28, 1885, Weld County Records: thence 889°24'39"W,161.60 feet, along said north line; thence N41"36'00"E, 47.24 feet; thence N89°24'39"E, 29.85 feet; thence 850°06'32"E, 50.83 feet; thence N89°24'39"E, 61.36 feet, to the east line of said Lot A; thence S00°35'21 "E, 2.00 feet, along said east line, to said north line, the Point of Beginning. Also known by street and number as: 17673 County Road 80 Eaton, CO 80615. Containing 2,438 square feet (0.056 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the South line of the Southeast Quarter of Section 13, Township 7 North, Range 66 West, 6th Principal Meridian, bearing South 89°24'39" West, with the South 114 Corner of said Section 13 being monumented by 2-1/2' aluminum cap in a box, stamped LS 12374, 1996, and the Southeast Comer of said Section 13 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO. 80222 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 001-TCE FAGERBERG PRODUCE, INC. WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 &'NCR 97 INTERSECTION PROJECT PROJECT NO: GR-e0 SCALE: 1' = 100' DATE:1/27/2021 DRAWN BY: KIM SHEET Iof2 Page 7of7 EXHIBIT A SE1/4 SEC. 13 TIN, R66W 001-TCE PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA 2,438 S.F. (0.056 AC) MA_ _ WELD COUNTY ROAD 80 a REC* 1 10128/1885 NE1/4 SEC. 24 TIN, R66W CITY OF THORNTON PARC. *070724000021 RECP. A 2095041 CD 4-16-1867 UNPLATTED TEMPORARY CONSTRUCTION EASEMENT ACQU ISITI ON FAGERBERG PRODUCE, INC. WELD COUNTY, COLORADO CrTY\pF THORNTON PARC:9 070713000DS7 RECP. # 02005658 WD,G-20.1986 LOT B OF 2nd MENDED RECORDED EXEMPT, •, 0707-134-R RECP. CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 BUSINESS DAYS IN ADVANCE HEI-ORE YOU DIG, GRADE, EXCAVATE. FOR THE MARKINGS OF UNDERGROUND MEMBER MU T185 WELD COUNTY DEPARTMENT OF PUBLIC WORKS PROJECT NO: GRID DATE:1/7112021 WCR80&WCR37 INTERSECTION PROJECT DRAWN BY: KJM SHEET 2 of 2 Hello