HomeMy WebLinkAbout20174116.tiffRESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR STOCKPILING ROAD
CONSTRUCTION MATERIALS AND AUTHORIZE CHAIR TO SIGN - LYNN SMITH
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 a Temporary Construction Easement for
Stockpiling Road Construction Materials, 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 Lynn Smith, commencing December 12, 2016, and ending December 31, 2020,
or the completion of said project, whichever is earlier, with further terms and conditions being as
stated in said easement, and
WHEREAS, after review, the Board deems it advisable to approve said easement, 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 Temporary Construction Easement for Stockpiling Road Construction
Materials, 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 Lynn Smith
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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2017-4116
EG0074
TEMPORARY CONSTRUCTION EASEMENT FOR STOCKPILING ROAD CONSTRUCTION
MATERIALS - LYNN SMITH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of December, A.D., 2017, nunc pro tunc December 12, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datietedv < j ;vi
Weld County Clerk to the Board
BY C.620c:4_,
puty Clerk to the Board
APP D A
County Attorney
Date of signature: tr/ 19 / 1.7
Julie zad, Chair
Steve MorenoPro-Tem
�v •
Sean P. Conway
arbara Kirkmeyer
2017-4116
EG0074
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Temporary Construction Easement for Stockpiling Road Construction Material
DEPARTMENT: Public Works DATE: November 20. 2017
PERSON REQUESTING: Duane Naibauer
Brief description of the problem/issue: The county requires a location to stockpile material for road construction
projects and has worked with the landowner to reach an agreeable location, term and payment for a temporary
construction easement.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Option 1.
Approve the Temporary Construction Easement and payment to allow staff to place on BOCC hearing agenda.
The landowner, Lynn Smith has agreed to granting approximately 4.5 acres located near Keota for stockpiling
material for road construction project. The landowner has agreed to a yearly rental of $1,500.00 a year as
compensation for the temporary easement. The easement will renew annually expiring on December 31, 2020.
Staff believes the location and cost are very reasonable.
Option 2.
Do not approve the Temporary Construction Easement
Recommendation:
Option 1
Staff recommends approving the attached Construction Easement.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad, Chair
Mike Freema
Barbara Kirkmeyer
Steve Moreno
Schedule
Work Session
Other/Comments:
2017-4116
Temporary Construction Easement
THIS AGREEMENT is made this day of , 2017, by and between Lynn Smith,
Owner herein referred to as "Grantor" and the Weld County Public Works on behalf of 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 "Grantee."
Grantor hereby grants to the Grantee a Temporary Construction Easement. Said Temporary
Construction Easement is because the County of Weld, Colorado (Weld) requires a location to stockpile
road base for use on various County road projects. The Owner, has agreed to allow the County the use of
approximately 4.5 acres located in Section 23, Township 10 North, Range 61 West, in the location that has
previously been prepared and fenced for stockpile material, generally located parallel to County Road 390
to stockpile road base. The County will have access through the current access points. Either party may
terminate this agreement upon 180 days notice, rent will be prorated upon termination.
Together with all rights and privileges as are necessary)or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to thefollowing conditions and covenants:
Weld agrees to pay the sum of $1,500.00 /year as rent to Smith for use of property to be payable
by the end of each calendar year beginning December 12, 2016 and expiring December 31, 2020.
During the term of this temporary easement, Grantor shall not erect or construct, or allow to be
erected or constructed, any building or other structures on the Easement Area which may interfere with
Grantee's full enjoyment of the rights hereunder. Subject to the foregoing, Grantor reserves the right to use
and occupy the easement area for any and all purposes not inconsistent with the rights granted herein.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction
Easement.
Landowner: LYNN SMITH
By:
ATTEST:
BY:
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, CQLORADO
Julie X Cozad, Chair
eld County Clerk to e Board
1861
Deputy Cler .j , the : oard
EC 06 2017
o?O / 7- '71-//
IAIForm -
(Rev. December 2014)
Department of the Treasury
internal Revenue Service
Request for Taxpayer
Identification Number and Certification
I Name (as shown on your Income tax return), Name Is required on this line; do not leave this line blank.
Lynn E. Smith
• 2 Business nsme/disragerded entity name, If different from above
e
rn
a
a
0
i
Give Form to the
requester. Do not
send to the IRS.
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
❑✓ IndividuaVsole proprietor or ❑ C Corporation ❑ S Corporation Partnmship El Trust/estate
single -member LLC
CI Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►
Nate For a single -member LLC that le disregarded, do not check LLC; check the appropriate box in the line above for
the tax classification of the single -member owner,
❑ Other (see instructions) ►
5 Address (number, street. and apt. or suite no.)
PO Box 122
6 City, state, end ZIP code
Grover, CO 80729
7 Lid account tnrmb(d(s) here (oplonap
Part I
4 Exemptions (codes apply only to
certain entities, not individuals; see
khstructions on page 3);
Exempt payee code (If any)
Exemption from FATCA reporting
code (if any)
(kph. W rccou,dr rnaintmnad outrde the US)
Requester's name and address (opd0naft
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSW). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other
entities, It Is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note, If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
Part II
Certificati
Social security number
5
2
1
or
0
7
7
0
Employer Identification number
3
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because`. (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that are cur,
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. subject to backup withholding
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirementmortgage
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide I .�, and
Instructions on page 3. your correct TIN. See the
Sign
Here U.S.Signature of
person ►
General Instrugoris
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as leg on enacted after we release it) is at www,es.gov/Av9.
Purpose of Form
An individual or entity (Fans W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (RN)
which may be your social security number (SSN), Individual taxpayer identification
nnumber (IN), number taxpayer Identification number (ATIN). or employer
you, or ottternumb et aim
reporto report on an information return the amount padd to
velum' include, but are not ate red to, the following:ble on en mietlan return, copies of information
• Form 1 099-INT (interest earned or paid)
• Form 1099 -ON (dividends, including those from stocks or mutual funds)
• Form 109940SC (various types of income. prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
Data ► //
• Form 1098 (home mortgage Int , 1098-E ant loan interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only If you are a U.S. person (including a resident alien), to
provide your correct TIN.
If you d0 not return Form W-9 to the requester with a TIN, you might be subject
to ba
ckup kvIthhokAng. See What is backup withhordkhg7 on page 2.
By signing the tilled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding If you are a U.S. exempt payee. It
applicable, you are also ce+tffyitg that as a U.S. person, your allocable share of
arty partnership income from a U.S. trade or business Is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(*) entered on this form (If any) indicating that you are
exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on
page 2 for further Information,
Cat. No. 10231X Form W-9 (Rev. 1)2-2014)
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