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Home My WebLink About20191823.tiffRESOLUTION 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 - BRAD SIMMERING AND KATHY MONTGOMERY 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 Brad Simmering and Kathy Montgomery, 16165 County Road 13, Platteville, Colorado 80651, 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 Brad Simmering and Kathy Montgomery, 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. (oW � q MC.� 2019-1823 EG0076 RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13 - BRAD SIMMERING AND KATHY MONTGOMERY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 2019. BOARD OF COUNTY COMMISSIONERS LD COUNTY, OLORADO ATTEST: datAvo' jClto:g,k, Weld County Clerk to the Board BY: Deputy Clerk ty torney Date of signature: !� I'1 -I q Barbara Kirkm= er, Chair Mike Freeman, Pro-Tem an P. onway Nte--.. e Steve Moreno 2019-1823 EG0076 6-21,&$eeX ip #as' MEMORANDUM TO: Clerk to the Board DATE: May 6, 2019 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Agreement for Purchase of Purchase of Property for Public Road Improvements (TCE) RE: Simmering & Montgomery — Weld County Road 34 and 13 Improvement Project Please accept this Agreement for Purchase of Certain Property for Public Road Improvements between Brad Simmering & Kathy A. Montgomery and Weld County for necessary improvements to the CR 34/13 Intersection. 2019-1823 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRAD SIMMERING AND KATHY A. MONTGOMERY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this € day of , 2019, by and between BRAD SIMMERING and KATHY A. MONTGOMERY, whose ss is 16165 Weld County Road 13, Platteville, Colorado 80651, 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: I. 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 Two Thousand, Five Hundred Dollars, ($2,500.00). 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). b. County agrees to pay Owner Two Thousand Dollars, ($2,000.00) for preparation of a Survey Plat to be prepared after closing to identify new property boundary. Landowner shall record plat upon completion. 2. The parties acknowledge and agree that said purchase price represents full, fair and 4489753 Pages: 1 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ill MARVilliNNVINVVal°rirMili, c2o 9- apt Page 2of4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SIMMERING & MONTGOMERY AND WELD COUNTY, COLORADO valuable consideration. 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. 4489753 Pages: 2 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Prdro n I r'I�I�' C' I J I(a I�+• I% I ��,�filti��I II Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SIMMERING & MONTGOMERY AND WELD COUNTY, COLORADO 5. 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. 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. 2. The County shall design and construct improvements to the existing driveway such that the width will be increased from approximately 8 feet to 15 feet, and the slope will be decreased from approximately 10.5% to 8.5%. The owner in in agreement that some minor fence alignment changes may be necessary to accomplish this driveway improvements work. 4489753 Pages: 3 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� INFAI G4r'1 i IiN Ii i«iliit h'i,W 4, kill II Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN SIMMERING & MONTGOMERY AND WELD COUNTY, COLORADO written. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above OWNER: OWNER: ATTES Weld BY: K. y A;Montgomery Clerk to the : .and BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Pf- Deputy Cl, to the Be ritd '`� I -� t : 4489753 Pages: 4 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO arbara Kirkm yer, Ch 'mg 13 2019 og0/9-ad3 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 THOSE DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430956 AND RECEPTION NO. 4430957 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 12 AS BEARING NORTH 00'28'21" WEST, A DISTANCE OF 2649.71 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 0028'21" WEST A DISTANCE OF 637.68 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'05'13" WEST A DISTANCE OF 50.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AS DESCRIBED IN THAT PLAT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1555922 AND ALSO BEING A POINT ON THE NORTHERLY LINE OF A PARCEL DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4434910, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID NORTHERLY LINE SOUTH 89'05'13" WEST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID NORTHERLY LINE NORTH 00'28'21" WEST A DISTANCE OF 210.77 FEET; THENCE SOUTH 89'31'39" WEST A DISTANCE OF 75.00 FEET; THENCE NORTH 0028'21" WEST A DISTANCE OF 34.63 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430960; THENCE ALONG SAID SOUTHERLY LINE NORTH 88'57'25" EAST A DISTANCE OF 85.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'28'21" EAST A DISTANCE OF 246.17 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 5,086.77 sf. OR 0.12 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 TCE-3 SIMMERING & MONTGOMERY WELD COUNTY. COLORADO 4489753 Pages: 5 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-09-18 DRAWN BY: DWI SHEET: 1 oft VIII 14U�1 �r h � 1+4h:Mr!'�I��ra� Ali 111111 EXHIBIT -A E 1/4 COR. S12—T3N—R68W #6 RBR. IN MON. 80 SE 1/4 S12-T3N-R68W MARQUARDT REC# 4430960 ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922-` L6 I CO I IOI54d I60' ROW to CO OCT. 6, 1875 10 pi I RD-BK 2, I <OI PG 31 Z 0100/41 iirR I SIMMERING & MONTGOMERY PARC. # 120712000041 REC# 4430956 QCD 9-13-2018 REC# 4430957 QCD 9-13-2018 L5 TCE-3 L4 PROPOSED TCE 5,086.77 sf.± 0.12 ac.± L3 10' . LINE TABLE LINE BEARING DISTANCE L1 S89'05'13"W 50.00' L2 S89'05'13"W 10.00' L3 NO0'28'21 "W 210.77' L4 S89'31'39"W 75.00' L5 N00'28'21 "W 34.63' L6 N88'57'25"E 85.00' L7 500'28'21"E 246.17' 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. L7 I RATNER I "'~I _) 1 REC.#4434910 ( �) • 1 8Q' 50' 0 I I 1 POC I I SE COR. S12-T3N-R68W 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX 3SRINIIS AVQ M3N TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-3 SIMMERING & MONTGOMERY WELD COUNTY. CDI.DRADU 4489753 Pages; 6 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII �I�1�4'�rt: 'Mr VIM K� � r �k'a� 11111 14Alliatet. GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"=150 DAT E:10-09-18 DRAWN BY: DRH SHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Brad Simmering and Kathy A. Montgomery, (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: GRANTOR: BRAD SIMMERING KATHY A. MONTGOMERY 4489753 Pages: 7 of 8 05/16/2019 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co !ION!' VI I �Yi 11111 MN f� • • --rt W U W V) O CL 4489753 Pages: 8 of 8 05/16/2019 01:39 PIS R Pee:$0•00 Carly Koppes. Clerk and Recorder, Weld County, CO ■III r„ILL I Hello