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Home My WebLink About20201815.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT FOR WEATHER INFORMATION SYSTEM NEAR INTERSECTION AT COUNTY ROADS 16 AND 73 AND AUTHORIZE CHAIR TO SIGN - FREDERICK AND ELAINE HEPNER, JR. 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 Permanent Easement for a Weather Information System near the Intersection at County Roads 16 and 73 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 Frederick and Elaine Hepner, Jr., 6846 County Road 71, Keenesburg, Colorado 80643, 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 Permanent Easement for a Weather Information System near the Intersection at County Roads 16 and 73 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 Frederick and Elaine Hepner, Jr., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign. cc.. PW(EQ/cH/cK/TJ) o%g/P-0 2020-1815 EG0078 AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT FOR WEATHER INFORMATION SYSTEM NEAR INTERSECTION AT COUNTY ROADS 16 AND 73 — FREDERICK AND ELAINE HEPNER, JR. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: didtAdov G: •LLD•t� Weld County Clerk to the Board BY: C2 eputy Clerk to the Bo APPROVED A aunty Attorney Kevin D. Ross Date of signature: QCa (Q31 aO Mike Freeman, Chair Steve MpJreno, Pro-Tem Scott . James 2020-1815 EG0078 c c ion e}- -# 371'P MEMORANDUM TO: Board of County Commissioners DATE: June 15, 2020 FROM: Clay Kimmi, Public Works Department SUBJECT: Permanent Easement for Weather Station RE: NON-EXCLUSIVE PERMANENT EAESMENT FOR WEATHER STATION Attached is an Agreement for the Purchase of a Permanent Easement for the weather station to located at the southwest corner of CR 16 and County Road 73. ©6 li 2020-1815 ��oa78 C:\Users\bwhite\AppData\Local\Temp\cbt7669e-d480-4814-b934-acee5e45e 138.doc AGREEMENT FOR THE PURCHASE OF A PERMANENT EASEMENT FOR A WEATHER INFORMATION SYSTEM BETWEEN FREDERICK AND ELAINE HEPNER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this dg- day of �,v, 2020, by and between Frederick Alan Hepner, Jr. and Elaine Diane Hepner, whose dress is 6846 County Road 71, Keenesburg, Colorado 80643, 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 1150 '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. Owner agrees to sell and County agrees to purchase the Permanent Easement described and depicted on Exhibit A for the sum of One Thousand Five Hundred Dollars, ($1,500.00). 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 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. 4641303 Pages: 1 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII 1�rj.T �rl�l�l�'I' Ii#rI�Gf��JiLI��L'iiy 111 II 1 aZ04O -/f,' Page 2of4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN FREDERICK & ELAINE HEPNER AND WELD COUNTY, COLORADO 2. Owner shall not erect or construct, or allow to be erected or constructed, and 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 the County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. The Permanent 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 storage of material and machinery upon the Permanent Easement as may be useful and necessary. 3. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 4. County shall at closing pay all fees associated with recording this Agreement and the Permanent Easement. V. MISCELLANEOUS: 1. County agrees to locate new facilities in a location that will not negatively impact the agricultural use of Owners existing accesses from County Road 16. 2. County agrees to maintain a minimum of four feet from the ditch with and structure, foundation, footing or bollard to ensure that Owners can maintain the irrigation ditch and clear wheel path on both sides of the ditch. 3. County agrees to deliver two loads of road base near the existing access on Owner's property at mutually agreeable location. County will coordinate location with Owner prior 4641303 Pages: 2 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii NUIJN NOIIItriII+I�' �� iK MtiiiliMti II III Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN FREDERICK & ELAINE HEPNER AND WELD COUNTY, COLORADO dumping material. 4. 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. 5. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 4641303 Pages: 3 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co El Pratill itid EWyk 111111 Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN FREDERICK & ELAINE HEPNER AND WELD COUNTY, COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Frederick Alan Hepner, Jr. By: bZ".Ey OWNER: Elaine Diane Hepner By: QAD tcyldiA, ATTEST: diteo�� BOARD OF COUNTY COMMISSIONERS Weld C . i i ty Clerk to the B . : d WELD COUNTY, COLORADO BY: Deputy Cler APPROVED AS TO FORM: County Attorney Mike Freeman, Chair JUN 1 7 2020 4641303 Pages: 4 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII API illNA KW Vi0h 1111 PERMANENT EASEMENT THIS DEED, made this ID day of _Ti„ , 2020, between Frederick A. Hepner, Jr. and Elaine D. Hepner "Grantor" whose legal address is 6846 County Road 71, 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 Grantees' 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 Weather Information System (hereinafter referred to as the "Easement"), over and across Grantor's real property in Weld County, Colorado, known as "vacant land" described 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 Weather Information System within the Easement, Grantees shall have the right to relocate or reconstruct in a reasonable manner, at Grantees' expense, including a re -survey of the Easement location, as set forth in Exhibit A, if necessary. Grantees, at Grantees' 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 Grantees' Public Road Right -of -Way, and shall inure to the benefit of Grantees' heirs, successors, assigns, and personal representatives, subject to the conditions set forth herein. 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 Grantors, except as required to sustain the integrity of the Easement. IN WITNESS WHEREOF, the Grantor has executed this Permanent Easement Deed hereon upon the dates of acknowledgment set forth below. By: By: Frederick. A Hepner, Jr., Owner Elaine D. Hepner, Owner 116 4639201 Pages: 1 of 4 10/12/2020 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Date: 6 ` /O - �VfJZo Date: £2 —to-Zc1zv 4641303 Pages: 5 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� irlitiKIA Ik4I'lligi alili ll 11111 STATE OF COLORADO COUNTY OF WELD ) ) ss. ) The foregoing instrument was acknowledged before me this I o day of 2020, by Frederick A. Hepner, Jr. and Elaine D. Hepner. Witness my hand and official seal. My commission expires: 8.-12-21 4639201 Pages: 2 of 4 10/12/2020 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII rrillnki1JIiIiN IVi.Na I'i% Icak Yi iiik "III Jacqueline He� B�-Ban'0w NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134051237 PAYCCOIMISSION EXPIRESAUGUST 1 2021 4641303 Pages: 6 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII I IJIN4IVI'NMIh' IIIII�IIIIIItd PAC l'AliiM W Alidlll III EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 2242351, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 63 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER AS BEARING, SOUTH 00'36'02" EAST, A DISTANCE OF 2637.98 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 63 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER, SOUTH 00'36'02" EAST, A DISTANCE OF 29.98 FEET; THENCE DEPARTING SAID EASTERLY LINE, SOUTH 89'23'58" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 73, AS DESCRIBED IN THE ROAD VIEWERS REPORT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 175100 AND ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD 16, AS DESCRIBED IN THE ROAD VIEWERS REPORT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 379669, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 73, SOUTH 00'36'02" EAST, A DISTANCE OF 80.00 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY, NORTH 37'27'32" WEST, A DISTANCE OF 100.02 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 16; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, NORTH 89'25'54" EAST, A DISTANCE OF 60.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,400.00 sf. OR 0.06 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 4639201 Pages: 3 of 4 10/12/2020 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 11111 PERMANENT EASEMENT ACQUISITION HEPNER WELD COUNTY, COLORADO GD Lc WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 16&73 WEATHER STATION PROJECT PROJECT NO: AD -23 SCALE: DATE: 4-01-20 DRAWN BY: DRII SHEET: 1 of 2 4641303 Pages: 7 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 rLIVirifi L M r N 11111 SE 1/4 S25-TLV'-R63W N 1/4 COR. S36-T2N-R63W FND 3 1/4" ALUM. CAP LS4392 2003 IN MON. BOX ___/ =IMO IMF EXISTING 60' ROW RECP.# 379669 APR. 28, 1922 EXHIBIT -A - - IMINIMI.®.IIIM- WCR 16 S8925'54"W 2656.68' N89'25'54"E 60.00' P.O.C. NE COR. S36-T2N-R63W FND 2" ALUM. CAP LS12330 1995 IN MON, BOX -+�—SOO'36'02"E 29.98' PERMANENT EASEMENT ACQUIRED 2,400.00 sf. OR 0.06 ac.± 4 FREDERICK ALAN JR. & ELAINE DIANE HEPNER RECP.#2242351 PARCEL# 1303360 NE 1/4 536-T2N-R63 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. PERMANENT EASEMENT ACQUISITION HEPNER WELD COUNTY, COLORADO O O O co W o Z CO — el o w � m w 0 <n m aD (►fie N (K) o O M 1O y�r� ) O 4641303 Pages: 8 of 8 10/16/2020 01:30 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill S89'23' 58"W 30.00' 6b' SW 1/4 530-T2A'-R62W M WM NW 1/4 531-T2N-R62W EXISTING 60' ROW RECP.# 175100 FEB. 20, 1912 7cE 1/4 COR. S36-T2N-R63W �FND 3 1/4" ALUM. CAP LS37971 2010 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 16 & 73 WEATHER STATION PROJECT PROJECT NO: AD -23 DATE: 4-01-20 SCALE: 1"-50 DRAWN BY: DR1I SHEET: 2 of 2 Contract Form New Contract Request Entity Information Entity Name* HEPNER JR.. FREDERICK Entity ID* @40023302 Contract Name* Contract ID AGREEMENT FOR THE PURCHASE OF A PERMANENT 3719 EASEMENT FOR A WEATHER INFORMATION SYSTEM BETWEEN FREDERICK AND ELAINE HEPNER AND WELD Contract Lead COUNTY CKIMMI Contract Status CTB REVIEW ❑ New Entity? Contract Lead Email CKimmi@coweld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT FOR PURCHASE OF A PERMANENT EASEMENT FOR A WEATHER INFORMATION SYSTEM BETWEEN THE TOWN OF FREDERICK AND ELAINE HEPNER AND WELD COUNTY: COLORADO Contract Description 2 Contract Type* Department AGREEMENT PUBLIC WORKS Amount* Department Email $1,500.00 CM- PublicWorks@weldgov.com Renewable* NO Department Head Email CM-PublicWorks- Automatic Renewal DeptHead@weldgovcorn County Attorney Grant BOB CHOATE Requested BOCC Agenda Date* 06/17/2020 Due Date 06/1312020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO County Attorney Email IGA BCHOATE@CO.WELD.CO.US 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 On Base Contract Dates Effective Date Termination Notice Period Review Date* 06/16/2020 Renewal Date Committed Delivery Date Expiration Date* 0616/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 06/16/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/17/2020 Originator TVJOHNSON Contact Type Contact Email Finance Approver CHRIS D'0VIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 06/16/2020 Tyler Ref # AG 061720 Legal Counsel BOB CHOATE Legal Counsel Approved Date 06/16/2020 Submit Hello