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Home My WebLink About20180327.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 53 AND AUTHORIZE CHAIR TO SIGN TO ALL NECESSARY DOCUMENTS - ALACON COLORADO, LLC 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 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 Alacon Colorado, LLC, 10759 Yukon Street, Westminster, Colorado 80021, commencing March 1, 2018, and ending March 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 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 Alacon Colorado, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. C.C. 1'l.t/CCK/mC)� O.cTC(3C) 03 -19-18 2018-0327 EG0075 TEMPORARY CONSTRUCTION EASEMENT - CR 53 - ALACON COLORADO, LLC 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W.driteti G..to��,� Weld County Clerk to the Board BY: Deputy Clerk to the APP';V D AS County Attorney Date of signature: ©a -a8 -/F) Steve Moreno, Chair arbara Kirkmeyer/, Pro-Tem EXCUSED Sean P. Conway Julie A. Cozad Mike Freeman 2018-0327 EG0075 ID ''/6.*`' MEMORANDUM TO: Esther Gesick, CTB DATE: January 23, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: CR 53 Temporary Easement Agreement for Alacon Colorado, LLC (Contract ID # 1645) 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 one TCE that we need in order to rebuild the landowner's driveway access for the CR 53 bridge replacement project. The TCE is 8,250 square feet (0.189 acres). The cost of the TCE is $330.00 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. 2018-0327 Page 1 of 1 M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\53-58A\Phase 2 Work\FOR\ROW-Surveying\Alacon\Alacon TCE Agreement Memo to CTB 01-23-18.docx �9 AGREEMENTFORTHEPURCHASEOF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 53, BETWEEN ALACON COLORADO, LLC AND WELD COUNTY. COLORADO THIS AGREEMENT is made this t It day of _W ,2017, by and between Alacon Colorado LLC., whose address is 10759 Yukon St, Westminster, CO 800213, 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 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNES SETH: 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 three hundred thirty and no/100 Dollars, ($330.00). 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. Agmtfor Purchase of Temp Easement -Possession Following Payment Page 1 02-0/r-1,3 21 CO 4. This Temporary Construction Easement shall commence on March 1, 2018, and shall expire and be of no further force or effect on March I, 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 and, in doing so, shall not assert the improvements made to the property relieve County from restoring other areas adjacent to the improvements, which may have been damaged during the construction project, to their original condition. Agmtfor 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 (the "Work"). 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. It is expressly understood and agreed that the Work shall also include the construction of a new driveway and replacement of a gate within the Temporary Construction Easement at the County's expense. 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 Pie 3 EXHIBIT "A" PROJECT NUMBER: ER COJ0-067 PARCEL NUMBER: TE-2 PROJECT CODE: 20480 DATE: June 1, 2017 DESCRIPTION A temporary easement No. TE-2 of the Weld County and Department of Transportation, State of Colorado Project No. ER C030-067 containing 8,250 sq. ft. (0.189 acres), more or less, being a portion of that parcel of land described at Reception Number 4044284 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°56'001/V., a distance of 2,650.88 feet, Thence N. 11°01'44" E., a distance of 1,230.72 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 110.00 feet; 2. Thence S. 08°14'44" W., a distance of 75.00 feet; 3. Thence N. 81°45'16" W., a distance of 110.00 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 75.00 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 8,250sq. ft. (0.189 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 7. It is expressly understood and agreed that Owner's access to its property, including those areas located outside the Temporary Construction Easement area, may be impacted or limited by the Work during the pendency of the construction project. County agrees to provide Owner with the direct phone number of the individual(s) on -site to allow the parties to make reasonable arrangements for access to the property. County shall not unreasonably prevent or prohibit access to the property by Owner. 8. 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 Title: t z�l ?/l7 ATTEST: Deputy rk to the Boa By: Title: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair 2.1318JAN 2 9 Agmt for Purchase of Temp Easement -Possession Following Payment Page 4 i c 20/t a3 2 7 6 COMPENSATION WORKSHEET Assessor Parcel #: 0963-093-00-025 Owner: Alacon Colorado LLC. TE-2 Payment Breakdown: Project No.: ER CO30-067 Project Code: 20480 Parcel No.: TE-2 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-2 Square Feet: 8,250 Sq. Ft. As presented in the table below, the total cost for TE-2, together with the temporary right of way interests to be acquired, improvements and accrued damages (if any) is $330.00. 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-2 8,250 $0.20 x 10% 2 years $330.00 Improvements — — — — Damages / Cost to Cure — — — — Total Compensation $330.00 8,250 Sq. Ft. (0.189 acres) x $0.20 ($8,712.00 per acre) x 10% x 2 yrs. = $330.00 Hello