HomeMy WebLinkAbout20191786RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION
AT COUNTY ROADS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - SONDRA L. GOZZI REVOCABLE TRUST, TRUSTEE
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 Temporary Construction Easement for Certain Improvements to the Intersection at County
Roads 34 and 13 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 Sondra
L. Gozzi Revocable Trust, Trustee, P.O Box 740 Stillwater, Minnesota 55082, 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 Temporary Construction
Easement for Certain Improvements to the Intersection at County Roads 34 and 13 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 Sondra L. Gozzi Revocable Trust,
Trustee, 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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2019-1786
EG0076
RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34
AND 13 - SONDRA L. GOZZI REVOCABLE TRUST, TRUSTEE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettAvsj w , ,,,/ :edi
Weld County Clerk to the Board
BY: 4
Deputy CIer4W to the Board
APPAS TO
unty A ney
Date of signature: 5-14-IGi
Barbara Kirkmeyer,
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hair
2019-1786
EG0076
e_ov‘ircLAJ- iDli.ovc3S
MEMORANDUM
TO: Clerk to the Board
DATE: Mayl, 2019
FROM: Tiffane Johnson, Public Works Dept.
SUBJECT: Agreement for Purchase of Purchase
of Property for Public Road Improvements (TCE)
RE: Sondra L. Gozzi Revocable Trust — Weld County Road 34 and 13 Improvement Project
Please accept this Agreement for Purchase of Certain Property for Public Road Improvements
Sondra L. Gozzit Revocable Trust and Weld County for necessary improvements to the CR
34/13 Intersection.
2019-1786
5/8
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN THE SONDRA L. GOZZI REVOCABLE TRUST AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of , 2019, by and between the
SONDRA L. GOZZI REVOCABLE TRUST, whose addres is P.O. Box 740 Stillwater,
Minnesota 55082, 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 ("Temporary Construction Easement" or TCE), which are hereinafter referred
to collectively as the "Property", and
WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld
County Road 13 and Weld County Road 34, which will include widening the roadway for the
addition of turn lands and replacement of two bridges with a concrete box culvert (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 — Description, Depiction, and Form of TCE.
II. COMPENSATION; PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner, as described below, is Five Hundred
Dollars, ($500.00).
a. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit A for the sum of Five Hundred
Dollars, ($500.00).
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
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Carly Koppes, Clerk and Recorder, Weld County, Co
VIII VIA" �r�:4irr�'I+� �,i1APAt MI KillIliBM
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Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN GOZZI AND
WELD COUNTY, COLORADO
III. TEMPORARY CONSTRUCTION EASEMENT(S)
1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering
all property described and depicted in, and subject to the terms provided in, Exhibit A.
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
IV. CLOSING
1. County shall at closing pay all fees associated with recording this Agreement, the
Temporary Construction Easement.
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. 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.
3. 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.
4. 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.
5. Colorado law, and rules and regulations established pursuant thereto, shall be applied in
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Carly Koppes, Clerk and Recorder: Weld County, CO
Page 3 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN GOZZI AND
WELD COUNTY, COLORADO
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.
6. 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.
VI. ADDITIONAL RESPONSIBILITIES:
1. County will remove and replace all existing fencing impacted by the project at County's
sole expense. New fencing will be the same like, type and quality as existing fencing.
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5/1CCarly3Kopp9 ,1Cle k 1:22 and Recorrder,,0W0 d County, CO
IM ECIF I DIPAIhir 1,1441i1., III II i
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN GOZZI AND
WELD COUNTY, COLORADO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER._
Sondra L. Gozzi Revile
ATTEST:
Weld
BY: �..a.�'✓��r�_�i��ii',I�,�
Deputy C1;4 to the B a fi
e Trust - Trustee
1
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Carly Koppes, Clerk and Recorder, Weld County, Co
1111 111111
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
arbara Kirkmeyer, hair
!AY 082019
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EXHIBIT -A
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. AMRECX18-16-0121 FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430949 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL THAT PART OF LOT -A OF AMRECX18-16-0121 BEING DESCRIBED AS,
THE NORTH 10.00 FEET OF THE SOUTH 60.00 FEET OF THE SOUTHEAST ONE -QUARTER
OF SAID SECTION 12.
SAID PARCEL CONTAINS 4,310.87 sf. OR 0.10 cc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
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Carly Koppes, Clerk and Recorder, Weld County, CO
HNIAI Ii hit) KM Ill III
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
ICE -1
GOZZI REVOCABLE TRUST
WELD COUNTY, COLORADO
X861
G_ C
NT
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31 SCALE:
DATE: 10-3-18
DRAWN BY: JHB
SHEET: 1 of 2
EXHIBIT -A
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.
'E l;4
Si _ -T3N-R 6811
RODRIGUEZ
SONDRA L. GOZZI
REVOCABLE TRUST
PARC. # 120712400005
RECP.#3996404 (EXCEPTION RECP.#4328609)
LOT-A/AMRECX18-16-0121
RECP.#4430949
S1/4 COR.
S12-T3N-R68W e
2-1/2" ALUM. CAP TCE-1
ON #6 RBR. PROPOSED 10' TCE
STAMPED LS#28656 4.310.87 sf.±/0.10 ac.±
(1993)
t-*IN MON. BOX
-r -s .-r "-" -' r _
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MINI MU
-_
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
TCE-1
GOZZI REVOCABLE TRUST
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder. Weld County. CO
VIII��14'�ZNi� L' II III
WCR 34
InM NNW
NTY
SIMMERING &
MONTGOMERY
i
Pt.
RATNER
it
ROAD DEDICATION
PLAT 50.00' ROW
OCT 09, 1970
f' REC#1555922
' ROW
RD.BK.2/PG.225
OCT. 7, 1878
RD100/86
T r 60
ii ..i 1....i w ' Iasi, ' _:�'
I
SE COR. S12-T3N-R68W
2" ALUM. CAP ON #6 RBR.
ILLEG. IN MON. BOX
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: 1"=100
DATE: 10-3-18
DRAWN BY: JHB
SHEET: 2 of 2
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between the Sondra L. Gozzi Revocable Trust,
(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 A.
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 2 years 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.
4. County agrees that any current access to the property from the Right -of -Way shall remain
open throughout the term of the TCE.
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 temporary reasonable and proper use of said easement.
GRANTOR:
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SONDRA L. GOZZI REV ABLE TRUST - Trustee
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Carly Koppes, Clerk and Recorder, Weld County, CO
K'��'il1AW0,ii II III
GOZZI
REVOC.
TRUST
r --PROPOSED TCE
WW1 SE
en MIMS
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Carly Koppes, Clerk and Recorder, Weld County CO
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