HomeMy WebLinkAbout20180325.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY
CONSTRUCTION EASEMENTS FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 53 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS -
JOANNE HECKENDORF
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 Purchase of
Temporary Construction Easements 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 Joanne Heckendorf, P.O. Box 154,
Kersey, Colorado 80644, commencing January 1, 2018, and ending January 1, 2020, or the
completion of said project, whichever is earlier, with further 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 Purchase of Temporary Construction
Easements 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 Joanne Heckendorf be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said all necessary documents.
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2018-0325
EG0075
TEMPORARY CONSTRUCTION EASEMENTS - CR 53 - JOANNE HECKENDORF
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of January, A.D., 2018, nunc pro tunc January 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d„,,,c,„�',
Weld County Clerk to the Board
BY:
Deputy Clerk to th
APP' ! • D AS
Attorney
Date of signature: Da•
Steve Moreno, Chair
ro-Tem
I
ara Kirkmeyer, ,
EXCUSED
Sean P. Conway
Julie A. Cozad
Mike Freeman
2018-0325
EG0075
MEMORANDUM
TO: Esther Gesick, CTB DATE: January 23, 2018
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: CR 53 Temporary Easement Agreement for Joanne
Heckendorf (Contract ID # 1644)
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 three TCEs that we need in order to rebuild the landowner's accesses for the CR 53
bridge replacement project. One TCE is 2,768 square feet (0.064 acres). The second TCE is 2,868
square feet (0.066 acres). The third TCE is 536 square feet (0.012 acres).
The total cost of the all three TCEs is $307.00 and is a two-year easement. 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.
2018-0325
Page l of l
M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\53-58A\Phase 2 Work\FOR\ROW-Surveying\Heckendorf\HeckendorfTCE Agreement
Memo to CTB 01-23-18.docx
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENTS
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 53,
BETWEEN Joanne Heckendorf AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this Q day of _ _ 201 by and between Joanne
Heckendorf, whose address is P.O. Box 154, Kersey, CO 8 44, 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 Easements", 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 Easements 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
F i.sements 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 Three Hundred and
Seven and no/100 Dollars, ($307.00). 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 Easements
and will defend title thereto against all claims.
3. Owner agrees to grant the Temporary Construction Easements 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
4. This Temporary Construction Easements shall commence on January 1, 2018 and
shall expire and be of no further force or effect on January 1, 2020, or upon
completion of the Road Improvement Project, whichever is earlier.
5. Owner shall not, during the term of this Temporary Construction Easements,
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
Easements 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
Easements interests, and shall also retain any water rights currently attached to or
associated with the Temporary Construction Easements.
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
Easements 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 Easements.
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 Easements.
2. County shall pay Owner for the Temporary Construction Easements by County
warrant within ten (10) days of County's execution of this Agreement.
3. County, as a condition of the granting of the Temporary Construction Easements,
covenants and agrees to restore the property described in Exhibit A to a level
comparable to its original condition.
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 Easements for the purposes of constructing the
Road Improvement Project and to construct a roadway, driveway and roadway
Agmt for Purchase of Temp Easement -Possession Following Payment
Page 2
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 Easements as may be useful and necessary.
2. This Agreement and the transfer of the Temporary Construction Easements 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.
7. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 3
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
Joanne Heckendorf
Title:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AT T:
Steve Moreno, Chair
JAN 29201B
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
oo g- oo3a6 C )
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: TE-3
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A temporary easement No. TE-3 of the Weld County and Department of Transportation, State of
Colorado Project No. ER CO30-067 containing 2,768 sq. ft. (0.064 acres), more or less, being a
portion of that parcel of land described at Reception Number 2163436 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. 01°33'57" E., a distance of 1,311.58 feet to a point on the south line
of said parcel of land described at Reception Number 2163436, said point being the POINT OF
BEGINNING;
1. Thence N. 11°48'04" W., a distance of 28.50 feet;
2. Thence N. 21 °46'23" E., a distance of 115.83 feet;
3. Thence N. 08°14'44" E., a distance of 133.31 feet;
4. Thence S. 81°40'44" E., a distance of 10.00 feet;
5. Thence S. 08°14'44" W., a distance of 134.49 feet;
6. Thence S. 21°46'23" W., a distance of 114.00 feet;
7. Thence S. 11°48'04" E., a distance of 27.45 feet, to a point on said south line of the
parcel of land described at Reception Number 2163436;
8. Thence along said south line, S. 89°20'32" W., a distance of 10.19 feet, more or less, to
the POINT OF BEGINNING.
The above described temporary easement contains 2,768 sq. ft. (0.064 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 &
Page 1 of 2
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 (CPS) 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 2 of 2
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: TE-3A
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A temporary easement No. TE-3A of the Weld County and Department of Transportation, State
of Colorado Project No. ER CO30-067 containing 2,868 sq. ft. (0.066 acres), more or less, being
a portion of that parcel of land described at Reception Number 2163436 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. 04°20'26" E., a distance of 2,294.22 feet, to the POINT OF
BEGINNING;
1. Thence N. 08°14'44" E., a distance of 202.67 feet;
2. Thence S. 81°45'16" E., a distance of 37.00 feet;
3. Thence N. 08°14'44" E., a distance of 50.26 feet;
4. Thence S. 81°45'16" E., a distance of 9.00 feet;
5. Thence S. 08°14'44" W., a distance of 60.26 feet;
6. Thence N. 81°45'16" W., a distance of 36.00 feet;
7. Thence S. 08°14'44" W., a distance of 198.50 feet;
8. Thence N. 51°29'53" W., a distance of 11.58 feet, more or less, to the POINT OF
BEGINNING.
The above described temporary easement contains 2,868 sq. ft. (0.066 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"
Page 1 of 2
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 2 of 2
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: TE-3B
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A temporary easement No. TE-3B of the Weld County and Department of Transportation, State
of Colorado Project No. ER CO30-067 containing 536 sq. ft. (0.012 acres), more or less, being a
portion of that parcel of land described at Reception Number 2163436 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. 05°40'17" E., a distance of 2,639.57 feet, to the POINT OF
BEGINNING;
1. Thence N. 09°25'34" E., a distance of 59.50 feet;
2. Thence S. 80°34'26" E., a distance of 9.00 feet;
3. Thence S. 09°25'34" W., a distance of 59.50 feet;
4. Thence N. 80°34'26" W., a distance of 9.00 feet, more or less, to the POINT OF
BEGINNING.
The above described temporary easement contains 536 sq. ft. (0.012 acres), more or less.
The purpose of the above -described temporary easement is for access and construction of a
roadway 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 #: 0963-090-00-087
Owner: Joanne & Richard F. Heckendorf
Project No.: ER CO30-067
Project Code: 20480
Parcel No.: 3
Project location: WCR 53, Bridge over S. Platte
RW-3, SE -3, SE -3A, TE-3, TE-3A, TE-3B Payment Breakdown:
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 fee interest,
permanent easements and temporary easement acquisitions described below are for the purpose of
access and construction of a roadway, driveway and roadway appurtenances.
The subject parcels are:
Parcel No.: RW-3
Square Feet: 84,329
Parcel No.: SE -3
Square Feet: 4,812
Parcel No.: SE -3A
Square Feet: 7,524
Parcel No.: TE-3
Square Feet: 2,768
Parcel No.: TE-3A
Square Feet: 2,868
Parcel No.: TE-3B
Square Feet: 536
As presented in the table below, the total cost for RW-3, SE -3, SE -3A, TE-3, TE-3A and TE-3B,
together with the right of way interests to be acquired, improvements and accrued damages (if any) is
$33,600.00. This figure is based on an estimated fee interest fair market value of $10,800.00 per acre,
established through a property appraisal report prepared by Jon Vaughan, MAI, SR/WA of Foster
Valuation Company, LLC.
Land
Area (Sq. Ft.)
$ / Sq. Ft.
TE term
Compensation
RW-3
84,329
$0.25
—
$20,909.00
SE -3
4,812
$0.25 x .50
—
$594.00
SE -3A
7,524
$0.25 x .50
—
$934.00
TE-3
2,768
$0.25 x 10%
2 years
$138.00
TE-3A
2,868
$0.25 x 10%
2 years
$143.00
TE-3B
536
$0.25 x 10%
2 years
$26.00
Improvements
Trees
$25.99 / inch dia.
—
$10,851.00
Damages / Cost to Cure
—
—
—
—
Total Compensation
$33,600.00 (r)
COMPENSATION WORKSHEET
Assessor Parcel #: 0963-090-00-087
Owner: Joanne & Richard F. Heckendorf
Project No.: ER CO30-067
Project Code: 20480
Parcel No.: 3
Project location: WCR 53, Bridge over S. Platte
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