HomeMy WebLinkAbout20180211.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 53 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LAVERN
GLOVER REVOCABLE TRUST
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 County Road 53 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 Lavern Glover Revocable Trust,
P.O. Box 44, Kersey, Colorado 80644, 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 County Road 53 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 Lavern Glover Revocable Trust 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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ACT'CP )
03 -c5 -t8
2018-0211
EG0075
RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 53 - LAVERN GLOVER
REVOCABLE TRUST
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiftet) G •�Ctto•�
Weld County Clerk to the Board
BY:
Deputy Cle
APP' O . D AS
ounty Attorney
Date of signature: O /- a `I-/8
e Moreno, Chair
Ste
rbara Kirkmeyer, ro-Tem
Sean P. Conway
.Cozad
Mike Freeman
2018-0211
EG0075
e_4iro.d )b*-ibIG
MEMORANDUM
TO: Esther Gesick, CTB DATE: January 9, 2018
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: CR 53 Temporary Easement Agreement for Lavern
Glover
Please place the attached Temporary Construction Easement (TCE) agreement on the BOCC Agenda.
Once the agreement has been signed, please return a signed original back to me so I can provide them
to our ROW agent for closing.
This agreement is for two TCEs that we need in order to rebuild the landowner's driveway accesses for
the CR 53 bridge replacement project. One TCE is 10,400 square feet (0.239 acres). The second TCE is
3,300 square feet (0.076 acres).
The cost of the TCE is $548.00 and is a two-year easement starting on March 1, 2018. There are no
damages being paid for the easement.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
2018-0211
Page I of 1
M:\Weld County Flood 2013 Version 2\Site Specific ProjectslBridge Projects\53-58A,Phase 2 Work \ FOR \ROW-Surveying\Glover\Glover TCE. Agreement Memo to
CTB 01-09-18. docx
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 53,
BETWEEN Lavern Glover Revocable Trust AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 1 day of .70/e'/. ---e
/(
�/}-n.;' ,.�9-1-�, by and �etween Lavern
Glover Revocable Trust Dated January 12, 1999 as to an undivided '/2 interest and Brent Glover as to
an undivided '/2 interest, whose address is P.O. Box 44, Kersey, CO 80644, hereinafter referred to as
"Owner," and the County of Weld, 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."
WITNESSETH:
WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter
referred to as "Temporary Construction Easement", and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 53, which
will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement
Project"), and
WHEREAS, County will need said Temporary Construction Easement in order to construct a
roadway, driveway and roadway appurtenances, which is required in conjunction with the Road
Improvement Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement shown and/or described on Exhibit "A" (a copy of which is attached hereto
and made a part hereof by this reference), for the sum of Five Hundred Forty Eight
and no/100 Dollars, ($548.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
2. Owner warrants that he/she/it is the owner of the Temporary Construction Easement
and will defend title thereto against all claims.
3. Owner agrees to grant the Temporary Construction Easement to County, free and
clear of all liens, encumbrances or other possessory claims, except existing
easements.
Agmt for Purchase of Temp Easement -Possession Following Payment
Page 1
aolg- oaf'
4. This Temporary Construction Easement shall commence on March 1.2018 and shall
expire and be of no further force or effect on March 1, 2020, or upon the completion
of the Road Improvement Project, whichever is earlier.
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.
6. Owner shall retain the mineral estate associated with the Temporary Construction
Easement interests, and shall also retain any water rights currently attached to or
associated with the Temporary Construction Easement.
7. This Agreement shall serve as complete evidence of the terms contained herein and
the parties specifically agree that no additional documents are required to reflect the
rights granted herein by Owner to County.
8. Owner shall pay any encumbrance associated with the Temporary Construction
Easement which is required to be paid, including, but not limited to, property taxes
and any past due property taxes, and interest and penalties thereon. Furthermore,
Owner is solely responsible for the payment of any amounts which may be owed to a
third party holding a security interest in the Temporary Construction Easement.
COUNTY'S RESPONSIBILITIES:
1. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Temporary Construction Easement.
2. County shall pay Owner for the Temporary Construction Easement by County
warrant within ten (10) days of County's execution of this Agreement.
3. County, as a condition of the granting of this Temporary Construction Easement,
covenants and agrees to restore the property described in Exhibit A to a level
comparable to its original condition.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 2
MISCELLANEOUS:
1. Following the payment by County to Owner for this transfer, it is expressly agreed by
the parties hereto that County, its contractors, agents, employees and all others
deemed necessary by County shall have the temporary irrevocable right to possess
and use the Temporary Construction Easement for the purposes of constructing the
Road Improvement Project and to construct a roadway, driveway and roadway
appurtenances, and for its daily operation, access and maintenance. This conveyance
shall be deemed to include sufficient land for the construction, operation, access,
repair and maintenance of said project, including the rights of entry upon, passage
over, and deposit of excavated earth, and storage of material and machinery upon
such Temporary Construction Easement as may be useful and necessary.
2. This Agreement and the transfer of the Temporary Construction Easement 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.
3. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
4. 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.
5. The parties hereby agree that neither has made nor authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein.
This Agreement embodies all agreements between the parties hereto and there are no
oral or written promises, terms, conditions, or obligations referring to the subject
matter addressed herein other than as contained in this Agreement which shall be
binding on either party, or its agents or employees.
6. 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.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 3
7. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Lavern Glover Revocable Trust
Dated January 12, 1999
as to an undivided '/2 interest and
Brent Clever as to an undivided V2 interest
By: ,%°-i-zs`z.LI.2:C-trazv+(
By:
Title: (-, Title:
ATTEST:
ddthis) JelitAl
Weld County Clerk to the Boar
BY
eputy Clerk to the
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, BOCC Chair
PAN 17 20lt
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
aU` tg' - o l I
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: TE-4
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A temporary easement No. TE-4 of the Weld County and Department of Transportation, State of
Colorado Project No. ER C030-067 containing 10,400 sq. ft. (0.239 acres), more or less, being
a portion of that parcel of land described at Reception Number 3294714 as recorded in the
Weld County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9,
Township 5 North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado,
said temporary easement being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00"W., a distance
of 2,650.88 feet, Thence N. 09°37'28" E., a distance of 2,483.60 feet, to a point on the east
Right of Way line of Weld County Road 53 (April 2017), said point being the POINT OF
BEGINNING;
1. Thence S. 81°45'16" E., a distance of 130.00 feet;
2. Thence S. 08°14'44" W., a distance of 80.00 feet;
3. Thence N. 81°45'16" W., a distance of 130.00 feet, to a point on said east Right of Way
line;
4. Thence along said east Right of Way line, N. 08°14'44" E., a distance of 80.00 feet,
more or less, to the POINT OF BEGINNING.
The above described temporary easement contains 10,400 sq. ft. (0.239 acres), more or less.
The purpose of the above -described temporary easement is for access and construction of a
roadway, driveway, and roadway appurtenances.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00' W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
Page 1 of 1
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: TE-4A
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A temporary easement No. TE-4A of the Weld County and Department of Transportation, State
of Colorado Project No. ER CO30-067 containing 3,300 sq. ft. (0.076 acres), more or less, being
a portion of that parcel of land described at Reception Number 3294714 as recorded in the
Weld County Clerk and Recorder's Office, lying in the Northwest Quarter of Section 9, Township
5 North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said
temporary easement being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00'W., a distance
of 2,650.88 feet, Thence N. 10°15'53" E., a distance of 3,102.12 feet, to a point on the south
Right of Way line of Weld County Road 688 (April 2017), said point being the POINT OF
BEGINNING;
1. Thence along said south Right of Way line, N. 84°53'59" E., a distance of 60.00 feet;
2. Thence S. 05°06'01" E., a distance of 55.00 feet;
3. Thence S. 84°53'59" W., a distance of 60.00 feet;
4. Thence N. 05°06'01" W., a distance of 55.00 feet, more or less, to the POINT OF
BEGINNING.
The above described temporary easement contains 3,300 sq. ft. (0.076 acres), more or less.
The purpose of the above -described temporary easement is for access and construction of a
roadway, driveway, and roadway appurtenances.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00"W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
Page 1 of 1
COMPENSATION WORKSHEET
Assessor Parcel #: 0963-090-00-091
Owner: Lavern Glover Revocable Trust
TE-4 & TE-4A Payment Breakdown:
Project No.: ER CO30-067
Project Code: 20480
Parcel No.: TE-4 & TE-4A
Project location: WCR 53, Bridge over S. Platte
Weld County Department of Public Works has determined that it will need to acquire the
following property to facilitate the construction of a new bridge over the S. Platte River. The
temporary easements described below are for the purpose of access and construction of a
roadway, driveway and roadway appurtenances.
The subject parcels are:
Parcel No.: TE-4
Square Feet: 10,400 Sq. Ft.
Parcel No.: TE-4A
Square Feet: 3,300 Sq. Ft.
As presented in the table below, the total cost for TE-4 and TE-4A, together with the temporary
right of way interests to be acquired, improvements and accrued damages (if any) is $548.00.
This figure is based on an estimated fee interest fair market value of $0.20 per square foot,
established through a waiver valuation report prepared by the acquisition agent, Jeff Hanna.
Land
Area (Sq. Ft.)
$ / Sq. Ft.
TE term
Compensation
TE-4
10,400
$0.20 x 10%
2 years
$416.00
TE-4A
3,300
$0.20 x 10%
2 years
$132.00
Improvements
—
—
—
Damages / Cost to Cure
—
—
Total Compensation
$548.00
13,700 Sq. Ft. (0.315 acres) x $0.20 ($8,712.00 per acre) x 10% x 2 yrs. _ $548.00
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