HomeMy WebLinkAbout20202701.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF A TEMPORARY
CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 29/68A
BRIDGE PROJECT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS - FRITZLER FARMS, LLC
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 29/68A 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 Fritzler
Farms, LLC, 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 29/68A 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 Fritzler Farms, LLC, 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.
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2020-2701
EG0078
AGREEMENT CONCERNING PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT
FOR IMPROVEMENTS TO COUNTY ROAD 29/68A BRIDGE PROJECT - FRITZLER
FARMS, LLC
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: didd„, v • L.
Weld County Clerk to the Board
Date of signature: g4/1 I /.2o
Mike Freeman, Chair
Steve, Moreno, Pro-Tem
Kevin D. Ross
2020-2701
EG0078
4/O6
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 29/68A Bridge Project (BR -138)
CONTRACT ID: #4064
Acceptance of a Temporary Construction Easement from:
FRITZLER FARMS LLC
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M:\' Administration\Forms\MEMO-Form.doc
2020-2701
AGREEMENT FOR THE PURCHASE OF A
TEMPORARY CONSTRUCTION EASEMENT
FOR THE WELD COUNTY ROAD 29/68A BRIDGE PROJECTI
BETWEEN FRITZLER FARMS LLC AND WELD COUNTY. COLORADO
THIS AGREEMENT is made thisai-i-day of , 2020, by and between Fritzler Farms
LLC, whose address is 32924 CR 29, Greeley, O 8 31, 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 29/68A Bridge
which will improve the bridge and of the roadway, (hereinafter referred to as "WCR 29/68A 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,
Page 1 of 5
ogoc2o 70
2021, 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: FRITZLER FARMS LLC
By:
ger 4r
John Fritzlerana
W.,derAtA)
Date: 8•/2- 20 2O
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair 0 2 2020
Page 5 of 5
0,&)020 - 0270 /
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 17, TOWNSHIP 6 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. 3609593 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66
WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID
SOUTHEAST ONE -QUARTER AS BEARING SOUTH 00'03'11" EAST, A DISTANCE OF 2633.98 FEET, TO THE
SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER SOUTH 00'03'11" EAST,
A DISTANCE OF 1912.33 FEET;
THENCE DEPARTING SAID EAST LINE SOUTH 89'56'49" WEST, A DISTANCE OF 30.00 FEET TO A POINT
ON THE WEST RIGHT-OF-WAY OF COUNTY ROAD 29 AND BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID WEST RIGHT-OF-WAY SOUTH 00'03'11" EAST, A DISTANCE OF 22.01 FEET;
THENCE DEPARTING SAID WEST RIGHT-OF-WAY NORTH 32'48'00" WEST, A DISTANCE OF 36.97 FEET;
THENCE NORTH 00'03'11" WEST, A DISTANCE OF 22.01 FEET, TO A POINT ON THE NORTHEASTERLY
PARCEL LINE AS DESCRIBED IN SAID DEED;
THENCE ALONG SAID PARCEL LINE SOUTH 32'48'00" EAST, A DISTANCE OF 36.97 FEET, TO THE TRUE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 440.18 sf. OR 0.01 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
FRITZLER FARMS LLC
WELD COUNTY, COLORADO
co:JNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
BRIDGE 29/68A PROJECT
PROJECT NO: BR -I38
SCALE
DATE: 6- I (,-20
DRAWN BY URII
SHEET: I oft
I31T-.
EXISTING 60' ROW
RD.-8K.2/PG.398
JULY 08, 1881
LINE TABLE
LINE
BEARING
DISTANCE
L1
S89'56'49"W
30.00'
L2
SO0'03'11 "E
22.01'
L3
N32'48'00"W
36.97'
L4
N00'03.11 "W
22.01'
L5
S32'48'00"E
36.97'
TEMPORARY CONSTRUCTION
EASEMENT ACQUIRED
440.18 sf.
OR 0.01 ac.±
FRITZLER FARMS LLC
RECP.#3609593
PARCEL#080517000023
SE CORNER S17-T6N-R66W
FND 2 1/2" ALUMINUM CAP
LS38230 2016 IN MONUMENT BOX
1
��.I ((t(.,AI (I ()RAD()
EXITING
RpW
M
M
N
Ft)
w
oW
p
O
rtsi
T
P.O.C.
E 1/4 CORNER S17-76N-R66W
FND 3 1/4" ALUMINUM CAP
LS22098, 1995, IN MONUMENT BOX
.S!6-7-5V•-R66H.
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
OF PUBLIC WORKS
BRIDGE 29/68A PROJECT
PI .. BR ;5
,I 'NN HY DR
Contract Form
Entity Information
Entity Name*
FRITZLER FARMS LLC
New Contract Request
Entity ID*
@00042435
Contract Name *
AGREEMENT WITH FRITZLER FARMS LLC TO PURCHASE A
TEMPORARY CONSTRUCTION EASEMENT FOR BRIDGE
29/68A
Contract Status
CTB REVIEW
Contract ID
4064
Contract Lead*
TVJOHNSON
❑ New Entity?
Parent Contract ID
Requires Board Appr
YES
Contract Lead Email Department Project #
tvjohnson@co.weld co us BR -138
Contract Description*
AGREEMENT BETWEEN WELD COUNTY AND FRITZLER FARMS LLC FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION
EASEMENT FOR THE WELD COUNTY ROAD 29/68A BRIDGE PROJECT
Contract Description 2
Contract Type *
AGREEMENT
Amount
$300.00
Renewable*
NO
Automatic -Renewal
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
C M-
PublicWorks@weldgov corn
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.VIELD.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*
09/02/2020
Due Date
0812912020
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*
08/01/2021
Renewal Date
Committed Delivery Date Expiration Date*
09/02/2021
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
08/27/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09/02)2020
Originator
SSWANSON
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
08/27/2020
Tyler Ref #t
AG 090220
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
08)27/2020
Submit
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