HomeMy WebLinkAbout20191787RESOLUTION
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 - MARK PAULSON
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 Mark
Paulson, 16249 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 Mark Paulson, 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.
GC' PWC-c.) jMclss16Rlct.ki
ACT(.cec lGO)
2019-1787
EG0076
RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34
AND 13 - MARK PAULSON
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, COL9RADO
ATTEST: datA44)Wj;�
Weld County Clerk to L+the Board
Deputy Clerk
APPRS0V//AS
unty Attorney
Steve Moreno
Date of signature: t-14-1-1 ci
Mike Freeman, Pro-Tem
IA
arbara Kirkmeyer,/Chair
2019-1787
EG0076
Ltvv\-ro,d- (b4i-,2L,LeD
MEMORANDUM
TO: Clerk to the Board
DATE: May 2, 2019
FROM: Tiffane Johnson, Public Works Dept.
SUBJECT: Agreement for Purchase of Purchase
of Property for Public Road Improvements (TCE)
RE: Mark J. Paulson — Weld County Road 34 and 13 Improvement Project
Please accept this Agreement for Purchase of Certain Property for Public Road Improvements
Mark J. Paulson and Weld County for necessary improvements to the CR 34/13 Intersection.
2019-1787
E.Goo'1 co
A
AGREEMENT FOR GRANT OF TEMPOARY CONSTRUCTION EASEMENT ON
CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN MARK J.
PAULSON AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 23 day of _ y , 2019, by and between
MARK J. PAULSON, whose address is 16249 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 to grant a Temporary Construction Easement and County agrees
to compensate Owner for the Temporary Construction Easement described on
Exhibit A for the sum of Two Thousand, Five Hundred Dollars, ($2,500.00).
2. The parties acknowledge and agree that said compensation for rental of the temporary
construction easement represents full, fair and 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.
4488543 Pages: 1 of 8
05/13/2019 11:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII1 F.rI 7l 'I�h' �I� �Nr'i��l�'�L� �f'r'�hi���Y h 11111 02o/1-1721
Page 2 of 4
AGREEMENT FOR THE RENTAL OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS BETWEEN MARK PAULSON
AND WELD COUNTY, COLORADO
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
TV. 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
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
4488543 Pages: 2 of 8
05/13/2019 11:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 EillIdlinkiligliniliCIUMAIKIL w�iiIi11,1 iti�� B ill
Page 3 of 4
AGREEMENT FOR THE RENTAL OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS BETWEEN MARK PAULSON
AND WELD COUNTY, COLORADO
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. County will extend two sections of fence along the driveway from ROW to the west a
distance adequate to accommodate a truck and trailer to pull entirely off CR 13 to allow
Owner to get out and unlock the gated entrance.
3. County will replace existing steel posts that hold existing gate. Gate must be moved west
to accommodate truck and trailer to pull entirely off CR 13 to allow Owner to get out and
unlock the gated entrance.
4488543 Pages: 3 of 8
05/13/2019 11:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111�� �I kruihi'Mtiti4.lfibliItY,Whi NI iii
Page 4 of 4
AGREEMENT FOR THE RENTAL OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS BETWEEN MARK PAULSON
AND WELD COUNTY, COLORADO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
ATTEST:
Weld
BY:
Deputy C rk t c the B
0;ok, BOARD OF COUNTY COMMISSIONERS
oard W D COUNTY, CO ORADO
4488543 Pages: 4 of 8
05/13/2019 11:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII ���i� iE�i'Iffy'I ' 4 �L4 rii i uI4 u?. ': YL�h II III
ara Kirkmeyer, hair
MAY 082019
20/ -/7Y7
EXHIBIT -A
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
TCE-5
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 TWO PARCELS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 1629680 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 THE SOUTHEAST
ONE -QUARTER OF SAID 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 00'28'21" WEST A DISTANCE OF
1604.11 FEET;
THENCE DEPARTING SAID EAST LINE SOUTH 89'31'39" WEST A DISTANCE OF 50.00 FEET TO A POINT ON
THE EXISTING WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AS DESCRIBED IN THAT PLAT FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1555922 AND BEING THE TRUE
POINT OF BEGINNING.
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 0028'21" EAST A DISTANCE OF 329.94 FEET TO A
POINT ON THE MOST SOUTHERLY LINE OF SAID PARCELS;
THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND ALONG SAID SOUTHERLY UNE SOUTH 88'33'50" WEST A
DISTANCE OF 10.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'28'21" WEST A DISTANCE OF 42.77 FEET;
THENCE SOUTH 89'31'39" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 00'28'21" WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 89'31'39" EAST A DISTANCE OF 10.00 FEET;
THENCE NORTH 00'28'21" WEST A DISTANCE OF 267.17 FEET TO A POINT ON THE MOST NORTHERLY LINE
OF SAID PARCELS;
THENCE ALONG SAID NORTHERLY LINE NORTH 88'30'03" EAST A DISTANCE OF 10.00 FEET TO THE TRUE
POINT OF BEGINNING,
SAID PARCEL CONTAINS 3,498.93 sf. OR 0.08 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
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
TCE-5
PAULSON
WELD COUNTY, COLORADO
4488543 Pages: 5 of 8
05/13/2019 11:22 AM R Fee:$0,00
Carly Koppes, Clerk and Recorder, Weld County; CO
1lJrilIiu'i1G+a1I1 1 WA' G'it«h4',! Ytwi 4\Ilk 11111
N T Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE:
DATE: 10-9-18 'DRAWN BY: JHB (SHEET: 1 of 2
EXHIBIT -A
PAULSON
PLPL.�.'�'
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.
SE 1/4
S 12-T3N-86811'
PL
E 1/4 COR.
S12-T3N-R68W
#6 RBR. NO CAP
IN MON. BOX
MARK J. PAULSON
PARC.#120712000045
RECP.#1629680
TCE-5
PROPOSED TCE
3,498.93 sf.±/0.08 ac.±
id id
MARK J. PAULSON
PARC.# 120712000044
RECP.#1629680
LINE TABLE
L#
BEARING
DIST.
L1
S89'31'39"W
50.00'
L2
S88'33'50"W
10.00'
L3
N00'28'21 'W
42.77'
L4
S89'31'39"W
10.00'
L5
N00'28'21 "W
20.00'
L6
N89'31'39"E
10.00'
L7
N88'30'03"E
10.00'
PL
MARQUARDT
REC P. #4430960
PL.a"mmemP1
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
TCE-5
PAULSON
WELD COUNTY, COLORADO
PL
id
L7
L1
PL
TPOB
50' EXIS
ROW
a
I
;V
0
L4
M
POC
SE COR. S12-T3N-R67W
2" ALUM. CAP ON #6 RBR. _
ILLEG. IN MON. BOX
PL
N �
w
3Im
a �
0
N
N
N V)
•O I <
o Ica
z
30'
EXIST.
ROW
60' ROW
OCT. 6, 1875
RD-BK 2, PG 31
RD100/41
ROAD DEDICATION
PLAT 50.00' ROW
OCT 09, 1970
REC#1555922
NEW DAY/SUNRISE
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: 1"=60
DATE: 10-9-18 !DRAWN BY: JHB
SHEET: 2 oft
4488543 Pages: 6 of 8
05/13/2019 11:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
111114;rjR illi :134,4141 I II
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Mark J. Paulson, (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 to maintain the Owner's property in substantially as good
or better condition as existed prior to use by County. Caution shall be used when entering and
accessing gates on the property. All gates must remain closed and put back the same way they
were found.
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.
4488543 Pages: 7 of 8
05/13/2019 11:22 AIM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
l'1tli'r l'0:vi"ll' II II
4488543 Pages: 8 of 8
05/13/2019 11:22 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County; CO
iii
Hello