HomeMy WebLinkAbout20180852.tiffRESOLUTION
RE: ACCEPT DONATION OF TEMPORARY CONSTRUCTION EASEMENT FROM GWIP,
LLC, FOR THE POUDRE TRAIL PROJECT
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, GWIP, LLC, wishes to donate a temporary construction easement for the
benefit of the Poudre Trail Project, and
WHEREAS, it is the policy of Weld County to formally accept all donations via Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the donation of the temporary construction easement from GWIP, LLC, for
the benefit of the Poudre Trail Project, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that a copy of this Resolution is forwarded to
GWIP, LLC, expressing the Board's appreciation for their generous donation.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of March, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W.:0(4,v
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APP' • E ' A
y Attorney
Date of signature: 04-44-/8'
Steve Moreno, Chair
arbara Kirkmeyer,
Sean P. Conway
Mike Freeman
cc : f c.4.)c MC)
/9-
2018-0852
EG0075
MEMORANDUM
TO: Clerk to the Board DATE: March 21, 2018
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Agenda Item
RE: Agreements for Poudre Trail Flood Damage
Please place on the March 21, 2018 BOCC agenda for acceptance the following three documents
related to the Poudre River Trail Flood Damage Improvements for the BOCC acceptance and
signature.
1. Second Amendment to Lease Agreement for Construction, Operations, and Maintenance of
Trail Across Kodak Property.
2.
• There are three (3) original Agreements that must be signed by the Chair. Please return
two (2) originals to Tiffane Johnson at Weld County Public Works.
Temporary Construction Easement Donation agreement to execute conveyance of Temporary
Construction Easement.
3. Temporary Construction Easement between GWIP, LLC, a Colorado Company and Weld
County to be signed by the Chair.
2018-0852
4u.
PUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
TEMPORARY CONSTRUCTION EASEMENT DONATION
Project Number: TAP -0030-07 I
Project Code: 21887
Location: Poudre Trail, Windsor, CO
Parcel Nos: TE-1
Property owners whose real property is needed for a Temporary Construction Easement ("Property") to
support a transportation improvement project may donate all or any part of the Property to Weld County
("County"), or may donate (waive receipt of) all or any portion of just compensation due the owner for
the Property required for the project.
Where the property owner wishes to use the donation for a tax deduction, the owner should seek advice
from the Internal Revenue Service or a tax expert regarding the current rules for valuation. It is the
property owners' responsibility to ascertain the fair market value of the Property for tax purposes and the
County will pay the reasonable cost of an appraisal for tax purposes if the value of the acquisition is
estimated by County at $5,000 or more and the appraisal is prepared by an independent appraiser.
If the Property is contaminated, the costs to clean up such contamination will not exceed the value of the
Property; provided that the property owner will have no obligation to perform or pay for any such clean-
up.
Donation of the Property, more particularly described in EXHIBITS A and B which are attached hereto
and incorporated herein, to Weld County, is made voluntarily and with full knowledge of the right to
receive just compensation.
The undersigned, hereby releases, the County from obtaining an appraisal of the acquired Property,
waives the right to receive an appraisal other than an appraisal for tax purposes as described above, and
waives the right to receive just compensation for the Property, The undersigned hereby agrees to execute
the necessary conveyance instruments to transfer said Temporary Construction Easement.
GWIP, LLC, a . o .o invited l .ility company
By:
Title
ACCEPTED FOR THE COUNTY:
Date
2 .2-6 )
MAR 21 2018
BY: Steve Moreno Date
Chair, Board of Weld
County Commissioners
Title:
EXHIBIT B
EASEMENT AREA
PROJECT CODE: 21887
PROJECT NUMBER: TAP C030-071
TEMPORARY EASEMENT NUMBER: TE-1
DATE: SEPTEMBER 25, 2017
LEGAL DESCRIPTION
A Temporary Easement No. TE-1 of the Department of Transportation, State of
Colorado, Project Code 21887, Project Number TAP C030-071, containing 127,217.54 square
feet (2.921 acres), more or less, located in Lot -B of RE -476, Windsor, Colorado, said Temporary
Easement being more particularly described as follows:
Commencing at a point, whence the East One -Quarter corner of Section 35, Township 6
North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado bears
North 40° 37' 44" West, a distance of 406.44 feet, said point being the TRUE POINT OF
BEGINNING;
1. Thence South 44° 51' 43" East, a distance of 27.12 feet;
2. Thence South 22° 19' 19" West, a distance of 50.38 feet;
3. Thence South 46° 29' 30" West, a distance of 229.88 feet;
4. Thence North 64° 05' 09" West, a distance of 155.79 feet;
5. Thence South 63° 50' 09" West, a distance of 116.79 feet;
6. Thence North 39036' 18" West, a distance of 232.00 feet;
7. Thence North 56° 36' 35" West, a distance of 244.63 feet;
8. Thence North 20° 53' 48" East, a distance of 165.04 feet;
9. Thence South 83° 02' 13" East, a distance of 167.39 feet;
10. Thence South 42° 11' 33" East, a distance of 567.73 feet;
11. Thence North 46°29' 30" East, a distance of.188.08 feet;
B-1
1450762.2
12. Thence North 22° 19' 19" East, a distance of 55.54 feet to the TRUE POINT OF
BEGINNING.
The above described Temporary Easement contains 127,217.54 square feet (2.921 acres), more
or less.
The purpose of the above described Temporary Easement is for the construction the Poudre river
trail flood damage.
Basis of Bearings: All bearings are grid bearings of the Colorado State Plane System,
North Zone (0501), North American Datum 83(2011). The East line of the Northeast One -
Quarter of said section 35, from the East One -Quarter corner being a 3-''/4" aluminum cap
stamped LS20685 1990 to the Northeast corner of said section 35 being a 3-W' aluminum cap
stamped LS7242 1993, as bearing North 00° 33' 42" West.
For and on Behalf of the
Weld County
Daniel R. Holmes, PLS 38213
1111 H Street
Greeley, CO 80632
B-2
1450762 2
SE 1/4 535-T6N-R67W
EXHIBIT IT -B SW 1/4 S36-T6N-R67W
R67W
GWIP LLC
(FORMERLY DROIS LAND
AOUISITIONS II LLC)
LINE,
L2
L
BEARING
54ro '17°w 30.00
"61'4E 27.12'
S22 '19'19'
219'19"E
OF20.53441rE
165.04'
WELD COUNTY
40' WIOI, L1ASL'
ICN2672770
2-11-1999
DISTANCE
50,38`
IIG.79'
SE I/4
S35-T6N-R67W
GWIP LLC
(FORMERLY BROE LAND
ACQUISITIONS II LLC)
DEMIANYCZ JOHN
DANIEL
REVOCABLE TRUST
LOT -A RE -475
RECP.# 3349269
PARCEL#080735400008
LOT -B RE -476
RECP.#1847472
BLANKS
LOT -A RE -476
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.
TEMPORARY EASEMENT
ACQUISITION
GWIP LLC
WELD COUNTY, COLORADO
1450752.2
Pe
TEMPORARY EASEMENT
ACQUIRED
127,217.54 ef.
OR 2.92 ac.±
NE COR. S35--T6N-R67W
FND 3 1/4" ALUM. CAP
LS7242 1993
EN STING 6D.00' ROW
RO 81f -I, PO -355
04.'09.4875
30' WIDE- W. SIDE Of
1HE30-8-67 8 1`�T� GWIP LLC
MAR. 17, 1909
RE01138986 00AM7RLY IIROE LAND
AQUESITIONS II Ile)
P.O.C.
E 1/4 COB. S"35-16N—R67W
FND 3 1/4` ALUM. CAP
LS20685 1990
PORNO 60.00' ROW
RD 6K -I. PC -355, 04-09-1675
RESOLURON 06-13-2013
REC 3072613
WELT COUNTY RETAINS THE
RIGHT -Or --WAY FOR MAINTENANCE
AND EMERGENCY USE
T.P.0,8.
B-3
SW I/4
336-761V-R67W
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
POUDRE TRAIL PROJECT
PROJECT NO: GR-37 SCALE; I"=200
DATE: 2.05 -IS WNBY:DIUI SHEET: 4of4
Hello