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Home My WebLink About20202700.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 86/33A BRIDGE PROJECT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - LAVERNE FIOLKOSKI 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 a Temporary Construction Easement for Improvements to the County Road 86/33A Bridge 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 Laverne Fiolkoski, commencing upon full execution of signatures, and ending September 1, 2021, 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 a Temporary Construction Easement for Improvements to the County Road 86/33A Bridge 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 Laverne Fiolkoski, 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: Q0(TS/ER/cN) o9/Hizo 2020-2700 EG0078 AGREEMENT CONCERNING PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 86/33A BRIDGE PROJECT - LAVERNE FIOLKOSKI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dathA) G� •.�C'l�o• Weld County Clerk to the Board ounty Att: ney Date of signature: 09/II /2 Mike Freeman, Chair Steveoreno, Pro-Tem Kevin D. Ross 2020-2700 EG0078 yv63 MEMORANDUM TO: Clerk to the Board DATE: Sep. 30, 2020 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of an Agreement for a Temporary Construction Easement RE: CR 86/33A Bridge Project (BR -139) CONTRACT ID: #4063 Acceptance of a Temporary Construction Easement from: LAVERNE FIOLKOSKI 2020-2700 M:\'Administration\Forms\MEMO-Form.doc Fie 7'S' AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 86/33A BRIDGE PROJECT, BETWEEN LAVERNE FIOLKOSKI AND WELD COUNTY, COLORADO THIS AGREEMENT is made this O2a:fay of ., 2020, by and between Laverne Fiolkoski, whose mailing address is P.O. Box 42 , Aul , CO 80610, hereinafter referred to as "Owner," 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 real property described in the attached Exhibit "A" (hereinafter referred to as "Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild the Weld County Road 86/33A Bridge which will improve the bridge and of the roadway, (hereinafter referred to as "WCR 86/33A Bridge Project" (the "Project"), and WHEREAS, County will need said Temporary Construction Easement in order to construct the Project which is required in conjunction with said improvement, and WHEREAS, Owner wishes to cooperate with County in said Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Temporary Construction Easement and will defend title thereto against all claims. 3. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 4. This Temporary Construction Easement shall commence upon execution of the Agreement and shall expire and be of no further force or effect on September 1, 2021 Page 1 of 5 X020-27°0 or upon the completion of the Project, whichever is earlier. 5. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "A" which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 6. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. 7. Owner shall agree to Immediate Possession by County upon approval of this Agreement by the Board of County Commissioners of Weld County, Colorado or its designee. 8. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay Three Hundred and no/100 Dollars ($300.00) to the Owner for the Temporary Construction Easement by County warrant. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. The parties agree that County shall pay Owner for the Temporary Construction Easement by County warrant within thirty (30) days of County's execution of this Agreement. 3. County shall pay all fees associated with recording this Agreement. 4. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Temporary Easement. 5. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "A" to a level comparable to its original condition. MISCELLANEOUS: 1. Although the date of the transfer of the Temporary Construction Easement shall be the date of County's execution of this Agreement, it is expressly agreed by the parties hereto that immediately upon execution of this Agreement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall Page 2 of 5 have the irrevocable right to possess and use said Temporary Construction Easement for the purposes of constructing the Bridge Improvement Project and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Temporary Construction Easement 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. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 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 Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 6. 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. 7. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 9. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure Page 3 of 5 of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 10. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowner: LAVERNE FIOLKOSKI By: j-te A4/444' P.O.A.: STEPHEN E. FIOLKOSKI By: ATTEST: -.41:VC441• ,j0 eld County Cleto the Bo BY: Date: K -/ 3 - o�n,2 c) Date: (57/-13-20 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eauf4:3etet.___ Mike Freeman, Chair FP 0 2 2020 Page 5 of 5 o2b„2o -02-747) EXISTING 30' RIGHT-OF-WAY BY USAGE LAVERNE FIOLKOSKI RECP.// 1645451 PARCEL//055335000008 TEMPORARY CONSTRUCTIO EASEMENT ACQUIRED 920.89 sf. OR 0.02 ac.± EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 35, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1645451 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 8 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING SOUTH 88'39'54" WEST, A DISTANCE OF 2614.56 FEET, TO THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 8 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE -QUARTER SOUTH 88'39'54" WEST, A DISTANCE OF 990.56 FEET; THENCE DEPARTING SAID SOUTH UNE NORTH 01'20'06" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 86, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 88'39'54" WEST, A DISTANCE OF 78.45 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 2920'38" EAST, A DISTANCE OF 31.05 FEET TO THE POINT OF A NON -TANGENT CURVE WHICH IS CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC OF SAID CURVE 68.36 FEET, WHOSE RADIUS IS 209.41 FEET, CENTRAL ANGLE IS 18'42'16" AND WHOSE CHORD BEARS SOUTH 68'14'06" EAST, A DISTANCE OF 68.06 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 920.89 sf. OR 0.02 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 FIOLKOSKI WELD COUNTY, COLORADO G_0UNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT NO: BR -139 ISCALE: DATE: 7-16-20 DRAWN BY: DRH SHEET: 1 of2 SW 1/4 S35-T8N-R66W TEMPORARY CONSTRUCTIO EASEMENT ACQUIRED 920.89 sf. OR 0.02 ac.± lira S88'39'54"W 2614.56' BASIS OF BEARING V V CR 86 3O' L=68.36' R=2O9.41' A=18'42'16" CB=S68'14'O6"E C=68.O6' 1 EXHIBIT -A LAVERNE FIOLKOSKI RECP.# 1645451 PARCEL#055335000008 LINE TABLE LINE BEARING DISTANCE L1 NO1'2O'O6"W 30.00' L2 S88'39'54"W 78.45' L3 N29'2O'38"E 31.05' EXISTING 3O' RIGHT-OF-WAY BY USAGE 3O' SW CORNER S35-T8N-R66W FOUND 3 1/4" ALUMINUM CAP LS7242 1994 IN MONUMENT BOX EXISTING 3O' RIGHT-OF-WAY BY RESOLUTION L1 P.O.C. S 1/4 CORNER S35-T8N-R66W FOUND 3 1/4" ALUMINUM CAP LS25953 1996 IN MONUMENT BOX ION MI S88'39'54"W 990.56' NW 1/4 S2-T7N-R66W CITY OF THORNTON 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. <1r STONE CREEK LLC CO � O:4 :1;\ �� g` TEMPORARY CONSTRUCTION EASEMENT ACQUISITION FIOLKOSKI WELD COUNTY, COLORADO GO -L1 ft Yr WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT NO: BR -I39 (SCALE: 1"=50 DATE: 7-16-20 DRAWN BY: DRH SHEET: 2 of 2 New Contract Request Entity Information Entity Name* FICLKOSK:I, LAVERNE Entity ID @00042610 Contract Name * AGREEMENT FOR PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT Contract Status CTB REVIEW Li New Entity? Contract ID 4063 Contract Lead * TVJOHNSON Contract Lead Email tvjohnson@co,weld.co.us Parent Contract ID Requires Board Approval YES Department Project BR -139 Contract Description* AGREEMENT BETWEEN WELD COUNTY AND LAVERNE FIOLKOSKI FOR THE PURCHASE OF A TEMPORARY EASEMENT FOR THE WELD COUNTY ROAD 86%33A BRIDGE PROJECT Contract Description 2 Contract Type* AGREEMENT Amount* 5300 00 Renewable* NO Automatic Renewal Grant NO IGA NO Department PUBLIC WORKS Department Email CM- Public\'/orks@weldgov corn Department Head Email CM-Pu blicWo rks- DeptH ead@v,,eldgov. corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CC.WELD. CO. US Requested BOCC Agenda Date* 09/02/2020 Due Date 08129/2020 Will a work session with BOCC be required?* NO 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 OnEase Contract Dates Effective Date Review Date* Renewal Date 08;01:/2021 Termination Notice Period Committed Delivery Date Expiration Date A 09/02/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAYMCDONALD DH Approved Date 09101 i 2020 Final Approval SOCC Approved ROCC Signed Date ROCC Agenda Date 09/02;;2020 Originator SSWANS ON Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 09/01/2020 Tyler Ref # AG 090220 Legal Counsel BOB CHOATE Legal Counsel Approved Date 09/01/202© Hello