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Home My WebLink About20202273.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT FOR INSTALLATION OF WEATHER INFORMATION SYSTEM ON COUNTY ROAD 126 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - JACKIE NEUBAUER 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 Permanent Easement for the Installation of a Weather Information System on County Road 126 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 Jackie Neubauer, 9961 Stevenson Avenue, Carr, Colorado 80612, 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 Permanent Easement for the Installation of a Weather Information System on County Road 126 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 Jackie Neubauer, 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(H8/ER/DR/c' ) ofs/L.7/aO 2020-2273 EG0078 AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT FOR INSTALLATION OF WEATHER INFORMATION SYSTEM ON COUNTY ROAD 126 — JACKIE NEUBAUER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da44) Weld County Clerk to the Board BY: Deputy Clerk to the Board APPDA Coun y Attorney Date of signature: 07/2S/.2.O Mike Freeman, Chair Kevin D. Ross Steve oreno, Pro-Tem Sc6 James XCUSED arbara Kirk 7 2020-2273 EG0078 39/g MEMORANDUM TO: Board of County Commissioners DATE: July 7, 2020 FROM: Hayley Balzano, Public Works Department SUBJECT: Permanent Easement for Weather Station CONTRACT ID: # 3918 RE: NON-EXCLUSIVE PERMANENT EAESMENT FOR WEATHER STATION Please place the attached Agreement for the Board of County Commissioners consideration on the July 13, 2020 agenda. Attached is an Agreement for the Purchase of a Permanent Easement for the weather station to be located east of Carr, Colorado on County Road 126. cc. Pu )C k'1433 og(�9fb�0 2020-2273 07/a E�(3o78 AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT BETWEEN JACKIE M. NEUBAUER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 50-4A day of ,,UI 2020, by and between Jackie M. Neubauer, whose address is 9961 Stevenson Avenue, Carr, Colorado 80612-9422, hereinafter collectively referred to as "Owner," and the WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 '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 ("Permanent Easement" or PE), which is hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to install a Weather Information System, (hereinafter referred to as the "Project"), and WHEREAS, County require said Permanent Easement in order to complete the Weather Information System, 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 of Permanent Easement. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Three Thousand Dollars, ($3,000.00). a. Owner agrees to sell and County agrees to purchase the Permanent Easement described and depicted on Exhibit A for the sum of Five Hundred Dollars, ($500.00). b. County agrees to pay Owner Two Thousand Five Hundred Dollars ($2,500.00) as a cost to cure to reach a voluntary agreement. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4616524 Pages: 1 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co X02©, ‘,2g/3 Page 2 of 4 AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT BETWEEN JACKIE M NEUBAUER AND WELD COUNTY, COLORADO III. PERMANENT EASEMENT 1. Owner agrees to grant the Permanent Easement to the County in the form of a Permanent Easement as provided in Exhibit A. 2. Owner shall not erect or construct, or allow to be erected or constructed, a building or other structure on the property described in Exhibit A which may interfere with the County's full enjoyment of the rights hereunder; this Easement includes all rights and privileges as are necessary or incidental to County's reasonable and property use of said easement. IV. CLOSING 1. Owner shall deliver the fully executed Permanent Easement to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. The grant of easement shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. 2. Although the date of the transfer of the Permanent Easement shall be the date of the closing, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the purposes of constructing the underground power line to serve the Weather Station System, 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 temporary storage of material and machinery upon the Permanent Easement as may be useful and necessary during construction of underground power line. Following construction, County will cleanup area of Permanent Easement and surrounding are if necessary, removing all material and machinery, putting site back to as close to original condition as possible. If any damage is incurred to any property owned by Owner, Owner will be compensated by County. 3. County shall at closing pay all fees associated with recording the Permanent Easement. 4616524 Pages: 2 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIII RUN NitiVeffi,ii% I��I�X'M 4rN� Fikle.11,4 11111 Page 3o*4 AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT BETWEEN JACKIE NI NEUBAUER AND WELD COUNTY. COLORADO 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. If the Board of County Commissioners of Weld County, Colorado or its designees do not approve this Agreement for any reason, the Agreement is not valid, and any construction that has occurred will be removed, Property returned to its original state and Owner compensated for any damages incurred. 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. 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. 6. 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. 7. 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. 4616524 Pages: 3 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Iirlinglli'h4 NNW, III II Page 4of4 AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT BETWEEN JACKIE M NEUBAUER AND WELD COUNTY, COLORADO 8. 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. ATTEST: ddrite,) BOARD OF COUNTY COMMISSIONERS Wel ' ty Cl o the B ' ; , WELD COUNTY, COLORADO APPRO D AS TO FORM: 4616524 Pages: 4 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II II Chair, Board of County Commissioners Mike Freeman JUL 2 2 2020 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF BLOCK -Q AND LOT -1 OF BLOCK -K OF THE TOWN OF CARR AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 121148 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 11 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SECTION 27 AS BEARING SOUTH 89'19'17" WEST, A DISTANCE OF 5306.04 FEET, TO THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 11 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 00'38'28" WEST, A DISTANCE OF 506.93 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 126 AS DESCRIBED IN THAT DEED OF DEDICATION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2767945; THENCE DEPARTING THE SAID EAST LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 69'23'45" WEST, A DISTANCE OF 1.04 FEET, BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 69'23'45" WEST, A DISTANCE OF 20.10 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY, NORTH 26'23'28" WEST, A DISTANCE OF 106.11 FEET; THENCE NORTH 63'36'32" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 26'23'28" EAST, A DISTANCE OF 108.14 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,142.56 sf. OR 0.05 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 PERMANENT EASEMENT ACQUISITION NEUBAUER WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 126 WEATHER STATION PROJECT PROJECT NO: AD -23 DATE: 5-19-20 SCALE: DRAWN BY: DRHISHEET: i of 2 4616524 Pages: 5 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •II PIAVE WNW Ili 11111 EXHIBIT -A P.O.C. NE CORNER S27-T11N-R67W FOUND 3 1/4" ALUMINUM CAP LS10855 1997 NE CORNER S26-T11N-R67W FONND 3 1/4" ALUMINUM CAP LS -30829 2014 S89'19'17"W 5306.04' N89 16 39 E 5287.60 BASIS OF BEARING NW CORNER S27-T11N-R67W FOUND 3 1/4" ALUMINUM CAP LS10855 1997 BLOCK Q \TI4 X27 -7'l 1.i -Rv7ii JACKIE M. NEUBAUER RECP.#4559485 PARCEL#020127001001 I PARCEL -1 PERM ANENT EASEMENT ACQUIRED 2,142.56 sf. OR 0.05 ac.± L4 ' I DEDICATED RIGHT—OF—WAY TOWN PLAT OF CARR REC#121148 • • JULY 13, 1907 3°A 1\_.. Pt at L3 Pt.•. PARCEL -3 •/ ,/�• /I L2—� LOT -1 BLOCK ��••/„P.O.B. I •' 31- �CD •s NN N�1(D 0 N 0 RIGHT-OF-WAY DEED OF DEDICATION REC#2767945 MAY 12, 2000 E 1/4 CORNER S27-T1IN-R67 CALCUI�TED POSITION PERMANENT EASEMENT ACQUISITION NEUBAUER WELD COUNTY, COLORADO 17< LINE TABLE LINE BEARING DISTANCE L1 S69'23'45"W 1.04' L2 S69'23'45"W 20.10' L3 N26'23'28"W 106.11' L4 N63'36'32"E 20.00' L5 S26'23'28"E 108.14' TOWN OF CARR BLOCK CORNER FOR BLOCK Q AND BLOCK K FOUND #4 REBAR • RIGHT-OF-WAY `./ L1 • • DEED OF DEDICATION REC#2767946 •• MAY 12, 2000 0000. •• 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. coUNYY t. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 126 WEATHER STATION PROJECT PROJECT NO AD -23 DATE: 5-19-20 DRAWN BY: DRI SCALE: 1"-100 SHEET: 2 or2 4616524 Pages: 6 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� NUrvi 14' I CIKIii'w'llnii'iiir4'Ifi0 WE Bill PERMANENT EASEMENT THIS DEED, made this day of , 2020, between Jackie M. Neubauer "Grantor" whose legal address is 9961 Stevenson Avenue, Carr, Colorado 80612, and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, "Grantee" whose legal address is 1150 "O" Street, Greeley, Colorado 80631: Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys forever unto Grantee and Grantee's heirs, successors, assigns, and personal representatives, free and clear of all liens and encumbrances and warrants title to a non-exclusive perpetual easement for the purpose of the construction and maintenance of a below -ground electrical line to serve a Weather Information System (hereinafter referred to as the "Easement"), over and across Grantor's real property in Weld County, Colorado, known as "vacant land"; said Easement is described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein and made a part hereof. In the event that washouts, erosion, or other natural causes require a relocation of some portion of the electrical line to be constructed within the Easement, Grantee shall have the right to relocate the electrical line in a reasonable manner, at Grantee's expense, including a re -survey of the Easement location, as set forth in Exhibit A, if necessary. Grantee, at Grantee's expense, have constructed, and shall have the right to maintain and repair the improvements within the Easement and shall have reasonable access thereto. The Easement shall be an easement appurtenant to Grantee's Public Road Right -of -Way, and shall inure to the benefit of Grantee's heirs, successors, assigns, and personal representatives, subject to the conditions set forth herein. The camera(s) used by the Weather Information System adjacent to the Easement Location shall only be used for weather monitoring. In consideration of the grant of this Easement by Grantor, Grantee agrees that the camera(s) will be aimed as follows: west down CR 126 (towards the Carr Townsite), east down CR 126, directly at the road surface (for snow/ice/traction information), and at the bridge piers for debris/obstruction in a flooding event. At no time will images of the Grantor's residence, outbuilding, gardens and yard be viewed, retained or stored. The mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantor. IN WITNESS WHEREOF, the Grantor has executed this Permanent Easement Deed hereon upon the dates of acknowledgment set forth below. By: Date: Jackie M. Neubauer, Owner STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this Neubauer, Owner. Witness my hand and official seal. My commission expires: day of , 2020, by Jackie M. Notary Public Page I of 1 4616524 Pages: 7 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 lien I1111W141' M ' 11 14 iliWIC4111 1 11 Page 4 of 4 AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT BETWEEN JACKIE M NEUBAUER AND WELL) COUNTY, COLORADO 8. 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: By: Jackie M. Neubauer ATTEST: Weld County Clerk to the Board By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chair, Board of County Commissioners APPROVED AS TO FORM: County Attorney 4616524 Pages: 8 of 8 08/05/2020 12:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII �'�ili 'Ifs M tiI� I kti IVraitirlig+WMk 1i in Contract Form New Contract Request Entity Information Entity Name* NEUBAUER, JACKIE Entity ID* @00042452 Contract Narne * AGREEMENT FOR PURCHSE OF A PERMANENT EASEMENT BETWEEN JACKIE M. NEUBAUER AND WELD COUNTY Contract Status CTB REVIEW Contract ID 3918 Contract Lead* H BALZANO ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project hbalzano@co.weld.co us Contract Description* AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT BETWEEN JACKIE M NEUBAUER AND WELD COUNTY FOR THE PLACEMENT OF A WEATHER STATION TOWER AT CR 126, EAST OF CARR. Contract Description 2 Contract Type* AGREEMENT Amount* $3.000.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWofks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV.COM Requested BOCC Agenda Date* 07/22/2020 Due Date 07/18/2020 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 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 07/16/2020 Termination Notice Period Review Date* 07/16/2020 Renewal Date Committed Delivery Date Expiration Date* 07/3112120 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ELIZABETH RELFORD DH Approved Date 07/20/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/22/2020 Originator HBALZANO Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 07,20/2020 Tyler Ref # AG 072220 Legal Counsel BOB CHOATE Legal Counsel Approved Date 0712012020 Submit Hello