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Home My WebLink About20192564.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 39 EXTENSION PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - SHAE DUFFY AND CODY COLLINS 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 39 Extension 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 Shae Duffy and Cody Collins, 19055 County Road 50.5, LaSalle, Colorado 80645, with 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 39 Extension 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 Shae Duffy and Cody Collins 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. c,c!Pw(Er /Obi €R(CH) aCTC 3C/CO) OC /O7/I1j 2019-2564 EG0076 RE: AGREEMENT CONCERNING PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 39 EXTENSION PROJECT - SHAE DUFFY AND CODY COLLINS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WE,LD COUNTY, COLORADO ATTEST: .0;4 Weld County Clerk tome Board arbara Kirkmeyer,JChair, e Freeman, Pr - em ounty Attorney Date of signature: ] IQ Steve Moreno 2019-2564 EG0076 Cot,\A•cw iIJt-os3 MEMORANDUM TO: Esther Gesick, CTB DATE: June 25, 2019 FROM: Don Dunker, County Engineer / Erich Green, Project Manager, Public Works SUBJECT: Purchase and Sale Agreement for Shae Marie Duffy and Cody Ray Collins Please place the attached Purchase and Sale Agreement on the BOCC Agenda. Once the agreement has been signed, please return an electronic copy of the signed version back to me so that we may proceed with payment. This item was approved by all 5 Commissioners on a pass -around dated 6/11/19. This Purchase and Sale Agreement is for a Temporary Construction Easement (TCE) parcel required for construction of the WCR 39 Extension Project north of the Town of LaSalle. The Project will provide a new WCR 39 roadway between WCR 50.5 and WCR 52. Total compensation for this acquisition is $4,600.00. A total of 3,353 square feet of TCE is being acquired from the owner and is necessary to appropriately tie in the edges of the project, close two accesses, and construct a right-of-way (ROW) fence. The valuation of this acquisition is based on $1.05/SF x 10% as per a Waiver Valuation prepared on behalf of Weld County. For more information regarding the Project and the Purchase and Sale Agreement for the Ross property, please refer to the attached pass -around. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this Purchase and Sale Agreement. 2019-2564 O 7 t o3 xoo76, BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Purchase and Sale Agreement for Collins/Duffy Property — 19055 WCR 50.5 (WCR 39 Extension Project Parcel 03) DEPARTMENT: Public Works DATE: 6/11/19 PERSON REQUESTING: Erich Green / Don Dunker Brief description of the problem/issue: Project Background: The purpose of the WCR 39 Extension Project (Project) is to address public roadway connectivity concerns for Weld County residents north of the Town of LaSalle (LaSalle) and east of the Union Pacific Railroad (UPRR). These concerns were brought forth due to UPRR rail yard improvements east of LaSalle, along with related railroad crossing closures proposed by UPRR. As a result, a Memorandum of Understanding (MOU) was entered into by LaSalle, UPRR, and Weld County. The MOU identifies a collaborative effort between these parties for design and construction of the Project, which is a new segment of WCR 39 from WCR 50.5 to WCR 52. Project design, floodplain analysis, and right-of-way acquisition funding totaling $440,000 is coming from Weld County's Department of Local Affairs (DOLA) grant. Project construction funding totaling $1,530,000 is coming from LaSalle's DOI,A grant ($700,000) and a match from UPRR ($830,000). For Weld County and LaSalle to receive their separate DOLA grants, the Project must be designed and constructed in 2019. Right -of - Way (ROW) acquisition therefore needs to be completed as soon as possible so that construction may begin this summer. As part of Weld County's DOLA grant for design of the Project, Weld County contracted with Farnworth Group, Inc. (FGI) in November of 2018 to perform design services for the Project. FGI sub -contracted IRS Corp. to act as ROW agent on the Project on behalf of Weld County, and TRS Corp. has been performing these services in close coordination with Public Works staff Purpose of Pass -Around: We are seeking Board of County Commissioners approval of the owner -signed Purchase and Sale Agreement for Project Parcel 03, which includes a Temporary Construction Easement (TCE) parcel required for construction of the Project. Total compensation for this Purchase and Sale Agreement is $4,600.00 and is further described below. UPRR is providing ROW for the Project adjacent to Collins/Duffy property. A TCE is required within Collins/Duffy property, however, in order to appropriately tie in the edges of the project, construct a ROW fence, and close two (2) existing accesses to improve safety on the new WCR 39 roadway. The Project will also relocate the landowner's existing access to WCR 50.5 further east and away from the WCR 50.5/WCR 39 intersection in order to improve safety. The above total compensation reflects the following items related to this acquisition: • Temporary Construction Easement (Fair Market Value) • Removal of One (1) Large Tree and Seven (7) Large Bushes (Cost to Cure) • Reconstruction of Driveway Within Owner's Property and ($353.00) ($1,250.00) Relocation of 86 Large Landscape Rocks (Cost to Cure) ($2,975.00) $4,578.00 54,600.00 (Rounded) What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve the Purchase and Sale Agreement. • Schedule a work session to further discuss the Purchase and Sale Agreement. Recommendation: Staff recommends approving this Purchase and Sale Agreement and allowing it to be placed on the next available BOCC agenda. Approve Recommendation Sean P. Conway Mike Freeman, Pro -hem Scott K. James Barbara Kirkrneyer, Chair Steve Moreno Schedule Work Session Other/Comments: Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Steve Moreno Wednesday, June 12, 2019 7:00 AM Karla Ford Scott James Re: Pass Around - Collins/Duffy Property > On Jun 11, 2019, at 3:14 PM, Karla Ford <kford@weldgov.com>wrote: > Please advise if you approve recommendation. Thank you. > Karla Ford- > Office Manager, Board of Weld County Commissioners > 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 > :: 970.336-7204 :: kford@weldgov.com<mailto:kford@weldgov.com> www.weldgov.com<http://www.weldgov.com/> > My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. > Friday 7:00a.m. - Noon > [WC Logo Color] > Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. > From: Marjorie Caudill > Sent: Tuesday, June 11, 2019 11:51 AM > To: Karla Ford <kford@weldgov.com> > Cc: Erich Green <egreen@weldgov.com>; Don Dunker <ddunker@weldgov.com> > Subject: Pass Around - Collins/Duffy Property > Please ask the Commissioners to review this passaround at their convenience. > Thank You! > Marjorie Caudill > Accounting Clerk > Public Works Department > 1111 H Street, PO Box 758 > Greeley CO 80631 > 970-304-6496 i Karla Ford From: Sent: To: Subject: Oops - I missed one - sorry! rove! ** Sent from my iPhone ** arises <r- Wednesday, June 12, 2019 5:20 AM Karla Ford Re: Pass Around - Collins/Duffy Property Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited On Jun 11, 2019, at 3:14 PM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford - Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com<mailto:kford@weldgov.com> www.weldgov.com<http://www.weldgov.com/> My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. Friday 7:00a.m. - Noon [WC Logo Color] Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Marjorie Caudill 1 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SHAE MARIE DUFFY AND CODY RAY COLLINS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 3c) day of -v I , 2019, by and between SHAE MARIE DUFFY AND CODY RAY COLLINS , whose address is 19055 County Road 50.5, La Salle, Colorado 80645, 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-TE ("Temporary Construction Easement" or TCE), which is hereinafter referred to as the "Property", and WHEREAS, County finds it necessary to construct an extension of Weld County Road (WCR) 39 from WCR 50.5 to WCR 52, rebuild and improve the intersection of WCR 39 and WCR 50.5, construct a new intersection for WCR 39 and WCR 52, and construct a concrete culvert for the new WCR 39 roadway (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A-TE — Description, Depiction, and Form of TCE. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below and rounded, is Four Thousand Six Hundred Dollars, ($4,600.00). a. Owner agrees to sell and County agrees to purchase at Closing the Temporary Construction Easement described on Exhibit A-TE for the sum of Three Hundred Fifty -Three Dollars ($353.00). b. County agrees to compensate the Owner at Closing, the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) for the removal of one (1) large tree and seven (7) large bushes. c. County agrees to compensate the Owner at Closing, the sum of Two Thousand Nine Hundred Seventy -Five Dollars ($2,975.00) as a cost to cure for 2 07/01673/2018 03:02PM R9es: i Fee : of $0.00 Carly Koppas, Clerk and Recorder, Weld County, CO iii NrdEttillvilorrigrA h 'hLUIVIrdliA Yoh II III �5Cpd1 Page 2 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LASALLE MEADOWS, LLC AND WELD COUNTY, COLORADO reconstruction of a portion of the Owner's driveway within Owner's property, and relocation of 86 large rocks. Re -construction of the driveway within Owner's property and relocation of the 86 large rocks shall be at the sole discretion and expense of the Owner. Owner hereby agrees that relocation of the 86 large rocks must be completed no later than July 18, 2019, and that the rocks must be placed within Owner's property and outside of the Temporary Construction Easement as described in the attached Exhibit A-TE. Owner further agrees that immediately following July 18, 2019 any rocks that remain outside of the Owner's property or within the Temporary Construction Easement will become the property of the Project contractor. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. III. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby agrees to convey a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit A-TE. 2. Owner shall not interfere with County's authorized use of the ICE during the term of the TCE. IV. CLOSING 1. 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 Temporary Construction Easement which is required to be paid. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Temporary Construction Easement. 2. Owner will execute all documents required to close on the sale of the Temporary Construction Easement. 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 Temporary Construction Easement. V. MISCELLANEOUS: Page 2 of 4 4506396 Pages: 2 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WEI' BI it l Page 3 of 4 AGREEMENT FOR "1 I lE PURCHASE OE CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LASALLE MEADOWS, LLC AND WELD COUNTY, COLORADO 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 be binding upon the Owner upon the date of signature by the Owner. This Agreement shall he binding upon the County upon approval 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. 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 the 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. Page 3 of 4 4506396 Pages: 3 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO lIII I FJr7INIChill:FMUNI MIIit rA liPliYhh 1I II Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN LASALLE MEADOWS, LLC AND WELD COUNTY, COLORADO VI. ADDITIONAL RESPONSIBILITIES: I. Prior to the completion of Project construction, County agrees to construct approximately 335 linear feet of barbed wire fence along the westerly line of the Temporary Construction Easement area depicted on Exhibit A-TE, to the County's right of way fence standard, with said fence being the Owner's property upon completion of its construction. County will tie Owner's cross fences, if existing, with the new fence at said westerly line, and all fences once constructed shall be maintained by the Owner and their heirs, successors, and assigns. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Shae Marie D f Cody Ray Collins ATTEST: dadrab '�• r_;✓�'"""'!�+�._ BOARD OF COUNTY COMMISSIONERS Weld BY: LD COUNTY, C!►LORADO Deputy Cl:/k to le Bo .t j ��.; ';� _:. Sara Kirkmey= , Chair APPROVED AS TO FORM: County Attorney 4°306396 Pages: 4 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii I��jR,C�h' '�I Chi��'I��'tkf�l�af 4 Y fik�i 4�h 1I 111 C.;; 2019 Page 4 of 4 001q q - S 5G7 I EXHIBIT A TE-03 A TEMPORARY CONSTRUCTION EASEMENT, TE-03, 10.00' WIDE, BEING A PART OF LOT "A" OF RECORDED EXEMPTION NO. 0961-32- 2 --RE 767, AS RECORDED AT RECEPTION NO. 2018558 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE SITUATED IN 111E NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., LOCATED IN WELD COUNTY, COLORADO, SAID TEMPORARY CONSTRUCTION EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32, WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 32 BEARS NORTH 89'26'30" FAST, A DISTANCE OF 2644.93 FEET, THENCE NORTH 65'01'44" EAST, A DISTANCE OF 145.17 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALSO BEING ON THE NORTHERLY RIGHT -OF --WAY LINE OF WELD COUNTY ROAD 50.5, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, BEING ALONG THE ARC OF A CURVE TO THE LEE F, HAVING A RADIUS OF 5929.65 FEET, A TOTAL ANGLE OF 03'14'15", AN ARC DISTANCE OF 335.05 FEET TO THE NORTH LINE OF SAID LOT "A", (SAID CURVE HAVING A CHORD WHICH BEARS NORTH 15'35'39" EAST, A CHORD DISTANCE OF 335.01 FEET); THENCE ALONG SAID NORTH LINE NORTH 86'54'30" EAST, A DISTANCE OF 10.46 FEET; THENCE ALONG THE ARC OF A CURVE TO IHE RIGHT, HAVING A RADIUS OF 5939.65 FEET, A TOTAL ANGLE OF 03'14'10", AN ARC DISTANCE OF 335.49 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE, (SAID CURVE HAVING A CHORD WHICH BEAR SOUTH 1533'50" WEST, A CFIORD DISTANCE OF .335.44 FEET); THENCE ALONG SAID NORTHERLY RIGHT--OF-WAY I INE SOUTH 89'26'30" WEST, A DISTANCE OF 10.50 FEET TO SAID TRUE POINT OF BEGINNING, THE ABOVE DESCRIBED TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,353 SO. FT. (0.077 ACRES), MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED ON A GRID BEARING OF NORTH 89'26'30" EAST FROM THE WEST 1/4 CORNER OF SAID SECTION 32, A 3.25" ALUMINUM CAP STAMPED "1994 LS 22098", TO THE CENTER 1/4 CORNER OF SAID SECTION 32, A 2.5" ALUMINUM CAP STAMPED "1999 LS 12374". PREPARED BY JEFERY P. EICKELMAN, PLS #29034 FARNSWORTFI GROUP, INC. 5613 DTC PARKWAY, SUITE 1100 GREENWOOD VILLAGE, CO 80111 4506396 Pages: 5 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII lgelriii lirvii 'R MFIRMI NtrIV:i llialil'lll ii "III PROJECT NO.: DRAWN: REVIEWED: DATE: Farnsworth GROUP 5613 DTC PARKWAY, SUITE 1 100 GREENWOOD VILLAGE, COLORADO 801 1 1 (303) 692-8838 / info/ )f-w.com TE-03 LOT "A" OF RECORDED EXEMPTION NO. 0961 -32 -2 -RE 767 WELD COUNTY ROAD 39 SECTION 32, T5N, R65W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO 0181479.00 CCP JPE 1/17/19 1 OF 2 o U r U �w N 3.. �m •a)mew OWLtim LLo inE2± 17N _ DIP a-0 co a M U a) N o 'I en tor; -4 Ire �too� NW 1/4 SEC. 32 75N, R65W A=03°14'l 5" R=5929.65' L=335.05" CB=N 15°35'39"E CL=335.01' I A=03°14'10" R=5939.65' L=335.49' CB=S15°33'50"W CL=335.44' �I POINT OF BEGINNING POINT OF COMMENCEMENT WEST 1/4 CORNER SECTION 32 FND 3.25" ALUM. CAP 1994 LS 22098 Farnsworth GROUP 5613 DTC PARKWAY, SUITE 1 100 GREENWOOD VILLAGE, COLORADO 801 1 1 (303) 692-8838 / info@f-w.com f-w.com N86°54'30"E / 10.46' PARCEL 03 DUFFY & COLLINS REC. NO. 4427227 LOT "A" OF RECORDED EXEMPTION NO. 0961 -32 -2 -RE 767 SCALE: 1"=100' U.S. SURVEY FEET AI?F.A = 3,353± SO. FT. (0.077± AC.) 30' ADDITIONAL R/O/W (PER DEED REC 4427227 i 30' R/O/W PER RECORDED EXEMPTION NO. 0961 -32 -2 -RE 767 WCR 50.5 589°26'30"W 10.50' SW 1/a SEC. 32 75N, R65W NORTH LINE OF SW 1/4, SECTION 32 N89 '26 '30 "E 2644.93' BASIS OF HEARINGS TE-03 LOT "A" OF RECORDED EXEMPTION NO. 0961 -32 -2. -RE 767 WELD COUNTY ROAD 39 SECTION 32, T5N, R65W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO C 1/4 CORNER SECTION 32 FND 2.5" ALUM. CAP 1999 LS 12374 PROJECT NO.: DRAWN: REVIEWED: DATE: 0181479.00 CCP JPE 1/17/19 2OF2 I GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between SHAE MARIE DUFFY AND CODY RAY COLLINS (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: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect one (I) year 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. [SIGNATURE(S) ON FOLLOWING PAGE] 4506396 Pages: 7 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO GRANTOR: m.� Shae Marie Duffy STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Cody Ray Collins fr,/ The foregoing instrument was acknowledged before me this _�� _ day of by Shae Marie Duffy. Witness my hand and official seal RICHARD B. PITTENRIDGE NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 20014025861 MY COMMISSION EXPIRES: SEPTEMBER 13, 2021 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) otary Public , 2019, The foregoing instrument was acknowledged before me this ,Z- ay of , 2019, by Cody Ray Collins. Witness my hand and official seal. RICHARD B. PrTIENRIDGE NOTARY PUBLIC STATE OF COLORADO NOTARY 1D# 20014025861 MY COMMISSION EXPIRES: SEPTEMBER 13, 2021 4506396 Pages: 8 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO viii rj!:rfih l4�+h l'F� h�'� Ml��h�l �I11i4rJ� II 111 Notary Public EXHIBIT A TE-03 A TEMPORARY CONSTRUCTION EASEMENT, TE-03, 10.00' WIDE, BEING A PART OF LOT "A" OF RECORDED EXEMPTION NO, 0961--32--2-RE 767, AS RECORDED AT RECEPTION NO. 2018558 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SITUATED IN THE NORTHWEST 1/4 OF SECTION .32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P,M., LOCATED IN WELD COUNTY, COLORADO, SAID TEMPORARY CONSTRUCTION EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32, WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 32 BEARS NORTH 89'2.6'30" EAST, A DISTANCE OF 2644.93 FEET, [HENCE NORTH 65'01'44" EAST, A DISTANCE OF 145.17 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 50.5, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, BEING ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 5929.65 FEET, A TOTAL ANGLE OF 03'14'15", AN ARC DISTANCE OF 335.05 FEET TO THE NORTH LINE OF SAID LOT "A", (SAID CURVE HAVING A CHORD WHICH BEARS NORTH 15'35'39" EAST, A CHORD DISTANCE OF 335.01 FEET); THENCE ALONG SAID NORTH LINE NORTH 86'54'30" EAST, A DISTANCE OF 10.46 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 5939.65 FEET, A TOTAL ANGLE OF 03'14'10", AN ARC DISTANCE OF 335.49 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE, (SAID CURVE HAVING A CHORD WHICH BEAR SOUTH 15'33'50" WEST, A CHORD DISTANCE OF .335.44 FEET); THENCE ALONG SAID NORTHERLY RIGHT--OF--WAY LINE SOUTH 89'26'30" WEST, A DISTANCE OF 10.50 FEET TO SAID TRUE POINT OF BEGINNING, THE ABOVE DESCRIBED TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,353 SQ. FT. (0.077 ACRES), MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED ON A GRID BEARING OF NORTH 89'26'30" EAST FROM THE WEST 1/4 CORNER OF SAID SECTION 32, A 3.25" ALUMINUM CAP STAMPED "1994 LS 22098", TO THE CENTER 1/4 CORNER OF SAID SECTION 32, A 2.5" ALUMINUM CAP STAMPED "1999 LS 12374". PREPARED BY JEFFRY P. EICKELMAN, PLS #29034 FARNSWORTH GROUP, INC. 5613 DTC PARKWAY, SUITE 1100 GREENWOOD VILLAGE, CO 80111 4506396 Pages: 9 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO inordwimeogronimilifulingtinkiiiiki II II 1 Farnsworth GROUP 5613 DTC PARKWAY, SUITE 1100 GREENWOOD VILLAGE, COLORADO 80111 (303) 692-8838 / info@f-w.com TE-03 LOT "A" OF RECORDED EXEMPTION NO. 0961 -32 -2 -RE 767 WELD COUNTY ROAD 39 SECTION 32, T5N, R65W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO PROJECT NO,: 0181479.00 DRAWN: CCP REVIEWED: JPE DATE: 1/17/19 1 OF 2 / / POINT OF COMMENCEMENT WEST 1/4 CORNER SECTION 32 FND 3.25" ALUM. CAP 1994 LS 22098 of I NW 1/4 SEC. 32 T5N, R65W ©=03°14'15' R=5929.65' L=335.05" CB=N 15°35'39"E CL=335.01' ©=03°14'10” R=5939.65' L=335.49' CB=S15°33'50"W CL=335.44' N / POINT OF BEGINNING „E1 0 50 100 SCALE: 1"=-100' U.S. SURVEY FEET / TE-03 AREA = 3,353± SQ. FT. (0.077± AC.) PARCEL 03 DUFFY 8e COLLINS REC. NO. 4427227 LOT "A" OF RECORDED EXEMPTION NO. 0961 -32 -2 --RE 767 30' ADDITIONAL R/O/W PER DEED RECI 4427227 30' R/0/W PER RECORDED EXEMPTION NO. 0961 -32 -2 -RE 767 WCR 50.5 S89°26'30"W 10.50' SW 1/4 SEC. 32 T5N, R65W NORTH LINE OF SW 1/4, SECTION 32 N89 26 30 E 2644.93' BASIS OF BEARINGS ()) Farnsworth GROUP 5613 DTC PARKWAY, SUITE 1 100 GREENWOOD VILLAGE, COLORADO 80111 (303) 692.8838 / info sni f-w,com 4506396 Pages: 10 of 12 07/17/2019 03:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO TE-03 LOT "A" OF RECORDED EXEMPTION NO. 0961 -32 -2 -RE 767 WELD COUNTY ROAD 39 SECTION 32, T5N, R65W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO vA C 1/4 CORNER SECTION 32 FND 2.5" ALUM. CAP 1999 LS 12374 PROJECT NO.: 0181479.00 DRAWN: CCP REVIEWED: JPE DATE: 1/17/19 2OF2 ■III NUEV w O III y OW m0-0 r ; N s1 10 .. ....,:, ii_cs •-k xi CM0 71 I. h EMU asib �m7ei 0 a m�pa N `rte a O r 1 , V -- gg WCR 39 Extension Between WCR 50.5 & WCR 52 ROW Acquisition Costs / Funding Balance Project Parcel Number Owner Name Estimated Acquisition Cost Actual Acquisition Cost 1 LaSalle Meadows LLC N/A $4,450.00 2 James & Mary Ann Conlin N/A $33,161.70 3 Shae Marie Duffy & Cody Ray Collins N/A $4,600.00 4 Lawrence Ross & Jade Murray Ross N/A $75,353.00 5 Petroleum Exploration & Management, LLC $1,690.00 6 Union Pacific Railroad $0.00 $119,254.70 Total ROW Acquisition Cost (Estimated) Funding/Cost Tabulation $440,000.00 ($316,240.50) $123,759.50 ($119,254.70) Weld County DOLA Grant Total Design Costs Subtotal Available for ROW Acquisition Total ROW Acquisition Cost (Estimated) $4,504.80 Balance (Estimated) 'o NW D" 33 01 T — rm dm aH �w Mt: Ira -13 WM al xi n =MOM N RN c sal n m - of Er S ♦, rm eN �J O T - Es I e •0 .. 5 SE 1/4 SEC. 31 T5N, R65W r ` RAJ -. s. • Nib WCR 39 N SW 1/4 SEC. 32 T5N, R65W Is A t5) 44 t.r �Jse IY /i • ' -.�`sue � HT...... r r" III 17) . PEPS,' 8EVT 1 ON/ON PqC/FjC e4/ ` ` •. l'pO,4O IL 0 • 60- RIQ1T-OF-WAY • --a 1 TIMPOkAR, /CONSTRUCTION EASEMENT CIFyy F -- Ash NE 1/4 SEC. 31 T5N, R65W ANZ r4; - rAltbas. Mt J E M CONU'. 4EC NO 14755!. ;NSTRUCT1CN CASUAL`.' PARCEL TE--04 NW 1/4 SEC. 32 T5N, R65W LEGEND 4 SECTION CORNER • FOUND PROPERTY PIN U DUTY PULE EXISTING BUILDING STRUCTURE I ASPHALT PAVED AREA I CCINCRFIF PAVFII ARIA I - - - 1 CRAVEL/DIRT ROAD PROPOSED RIGHT - or -WAY PROPOSED EDGE OF PAVEMENT PROPOSED TEMPORARY EASEMENT FNNRONMENTAA EDGE OF WTI. ANDS ENVIROIWENTAL HIGH WATER MARK SNIP IMP - n SECTION UNE EXISTING RIGHT-OF-WAY TUNE PROPERTY BOUNDARY EXISTING EASEMENT RAILROAD TRACKS CENTERUNE YNRF I FIVI.F CHAINLINK FENCE BURIED COMMUNICATIONS UNE BURIED GAS UNE OVERHEAD ELECTRIC UNE SANITARY SEWER LINE STORM SEWER LINE 0 SCALE; t•.1W Ub SURVEYPEST CT to NW 7/4. WC AOA 17 I Y. d 5. 4 200 UNION PACIFIC RIGHT-OF-WAY ICASE REC NO.'S 1803963, 819713 & 305/26 nun Wet-or-iTAY GRAM? nr MXNc► zOwow „oaf I I . I i O O (390\tt % t I I II PAl� Or 14 L ROSS &J.M, R0 L 1 1 4 I I RE: NO 4459,2' 1 1 1 I I '•t ta.-1 L S 1 a I I 1• I I I \.4 I I PARCEL TROLEUY EXPI.ORA & MANAGEMENT LLC I SS Mr I I • 'P.O �$ 1 I " L, • Farnsworth GROUP SPECHI P.1i ,l vt �Ap, SuIlt w I C.OlLINS, CCXCJCLALX) 8067 484.1477 / m{ytt'1-w ram worm l w Loon Lrprwn 1 Arcl r•cr• I S.n en k..•euls Soul • DATt Lit SCRIPTION DATE DESICiNtU DRAWN REVIEWED FIELD BOOK NO 4/22/2019 CCP JPE PROPOSED RIGHT-OF-WAY EXHIBIT >F 1 PROJECT NO. 0181479.00 Contract Form New Contract Request Entity Information Entity Name* COLLINS, CODY Entity ID* @00040970 ❑ New Entity? Contract Name* Contract ID PURCHASE AND SALE AGREEMENT TO PURCHASE A TCE 2863 PARCEL Contract Status CTB REVIEW Contract Lead EGREEN Contract Lead Email egreen@co.weld.co.us Parent Contract ID Requires Board Approval Y E S Depar €rent Project # GR-48 Contract Description* PURCHASE AND SALE AGREEMENT FOR TCE PARCEL ON COLLINS_DUFFY PROPERTY - WCR 39 EXTENSION PROJECT PARCEL 03 Contract Description 2 Contract Type "4 AGREEMENT Amount* 54 600 00 yenewable * Automatic Renewal Grant Department PUBLIC WORKS Department Email CM - Public Works@weldgov.com Department Head Email CM-PublicWorks- DeptHead c@i weldgov.com County Attorney BOB CHOATE County Attorney Email GA BCHOATE@CO.WELD.CO.US Requested BOCC Agenda Date' 07/01/2019 Due Date 06/27/2019 Will a work session with I OCC 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 On Base Contract Dates Effective Date Review Date* 11/30/2019 Termination Notice Period Committed Delivery Date Renewal Date Expiration Date 12/31/2019 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 06127/2019 Final Approval BOCC Approved ROCC Signed Date ROCC Agenda Date 07103/2019 Originator EGREEN Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 06127/2019 Tyler Ref # AG070319 Legal Counsel BOB CHOATE Legal Counsel Approved Date 06/2'8)2019 Hello