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Home My WebLink About20171170.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - ELIZABETH ANNE NEWTON TRUST, AND THE JERRY D. AND JOYCE M. CANNON FAMILY 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 for the Purchase of Temporary Construction Easements for the Weld County Road 47 Corridor Improvement Project, 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 the Elizabeth Anne Newton Trust, 472 Dale Drive, Allenspark, CO 80510, and the Jerry D. and Joyce M. Cannon Family Trust, 2410 W. Summerset Drive, Rialto, CA 92377, 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 for the Purchase of Temporary Construction Easements for the Weld County Road 47 Corridor Improvement Project, 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, the Elizabeth Anne Newton Trust, and the Jerry D. and Joyce M. Cannon Family Trust, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC : PwCT3(f=C) 2017-1170 EG0074 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT - ELIZABETH ANNE NEWTON TRUST, AND THE JERRY D. AND JOYCE M. CANNON FAMILY TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUjITY, COLORADO ATTEST: `air ` , Sic „� e L Weld County C�lerkktto/thee'Booardd tK ounty At orney Date of signature: 5-1(0 - 11 Juu A. Cozad, Chair a —a - Mon -err Steve Moreno, Pro -Tern an P. Conway CUSED ike Freeman arbara Kirkmeyer 2017-1170 EG0074 MEMORANDUM TO: Clerk to the Board DATE: April 20, 2017 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 47 CORRIDOR PROJECT (TE-21 & TE-21A) Approval of an Agreement between Weld County and the Elizabeth Anne Newton Trust and the Jerry D. & Joyce M. Cannon Family Trust for temporary construction easements. H/ac0 2017-1170 M:VACKIE\BLANK AGENDA MEMO.doc Lc, oo1 `i AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT, BETWEEN THE ELIZABETH ANNE NEWTON TRUST, THE JERRY D. & JOYCE M. CANNON FAMILY TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this j day of -�` ` 1 , 2017, by and between the Elizabeth Anne Newton Trust, whose address is 472 Dale Drive, Allenspark, CO 80510; the Jerry D. & Joyce M. Cannon Family Trust, whose address is 2410 W. Summerset Drive, Rialto, CA 92377, 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 47 (hereinafter referred to as "WCR 47"), which will improve the alignment of the roadway, (hereinafter referred to as "WCR 47 Corridor Improvement Project" (the "Project"), and WHEREAS, County will need said Temporary Construction Easements in order to construct the Project which is required in conjunction with said realignment, and WHEREAS, Owner wishes to cooperate with County in said road realignment Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Temporary Construction Easements 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 Seven Hundred and Seventy no/100 Dollars, ($770.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. If this agreement is executed and returned to our office on or before April 21, 2017, the County shall pay the amount described in Paragraph One "1" under COUNTY'S RIGHTS AND RESPONSIBILITIES set forth below. 3. Owner warrants that he/she/it is the owner of the Temporary Construction Easements and will defend title thereto against all claims. Page 1 of 5 4297800 Pages: 1 of 11 04/28/2017 11:29 AM R Fea:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111 PAM II III 02O/ 7- //7o 4. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 5. This Temporary Construction Easement shall commence upon execution of the Agreement and shall expire and be of no further force or effect on December 31, 2019, or upon the completion of the Project, whichever is earlier. 6. 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 reasonable and proper use of said easement. 7. Owner shall retain the mineral estate under the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Temporary Construction Easement. 8. Owner shall agree to Immediate Possession by County upon approval of this Agreement by the Board of County Commissioners of Weld County, Colorado or its designee. 9. Owner shall pay any encumbrance associated with the Temporary Construction Easements which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of execution. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Temporary Construction Easements. 10. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay One Thousand and One and no/100 Dollars ($1,001.00) to the Owner for the Temporary Construction Easements by County warrant if Agreement is signed and returned on or before April 21, 2017. If the Agreement is not signed and returned on or before April 21, 2017, the County shall maintain its current offer of Fair Market Value of Seven Hundred and Seventy and no/100 Dollars ($770.00) for the Temporary Construction Easements by County warrants. Page 2 of 5 4297800 Pages: 2 of 11 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 PdRil��lw��hlYITI I '��r� � h/ D i III III 2. County shall relocate the existing pond now located in the newly acquired right-of- way as part of this Project. 3. The parties agree that County shall pay Owner for the Temporary Construction Easements by County warrant within thirty (30) days of County's execution of this Agreement. 4. County shall pay all fees associated with recording this Agreement. 5. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Temporary Easement. 6. 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. MISCELLANEOUS: 1. Although the date of the transfer of the Temporary Construction Easement shall be the date of County's execution of this Agreement, it is expressly agreed by the parties hereto that immediately upon execution of this Agreement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Temporary Construction Easement for the purposes of constructing the Road Improvement Project 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 transfers 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 or authorized any agreement with Page 3 of 5 4297800 Pages: 3 of 11 04/28/2017 11:29 AM Rll�Fee:$0.00 �,{�`w.` IJ` W�� Carly ' apes Clerk and _Recorder, tldl OIKIlCounty, tfr iltiii1 'Y14 III III �llllN�rilau i �++��r respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained 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 Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 9. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 10. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Page 4 of 5 4297800 Pages: 4 of 11 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowners: ELIZABETH ANNE NEWTON TRUST & JERRY D. & JOYCE M. CANNON FAMILY TRUST By: (..L/ h'-) . Ja/rLAi-sre-1 tee By: Trustee By: Trustee By: Trustee 4297800 Pages : 5 of 11 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII WPIIINIIIIMIlliiiiiIMI Win WillilikilAillYill 11I Page 5 of 5 ao / 7— // 7O IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowners: ELIZABETH ANNE NEWTON TRUST & JERRY D. & JOYCE M. CANNON FAMILY TRUST B T�f►.tee By: Trustee By: Trustee By: Trustee BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOI DO Julie A. Cozad, Chair ATTEST: BY: dirilet) W.do;4, County Clerk to the Board Deputy Cler f to the : oard 4297800 Pages: 6 of 11 04/28/2017 11:29 AMd Re Fee:$0.00 d County, CO Car1Y Koppes, R262017 Page 5 of 5 026 /7-177e) r I IS • _ .• • Y r �.u.•.r•• . _ . ar..... • , a.i • • _ • .••••. - • +. as aaSUS a -a SilvanSw• I d • •rte - • w. f �� 4 a a • •rr a a 1 1 ELIZABETH ANNE NEWTON TRUST JERRY D. & JOYCE M. CANNON FAMILY TRUST r Da r. • S m N 'p 7r WI D rir! XI arC) mn EL p NJ � 0 3 imad 4 . a_ LOT B RE -410 RECP. #1801535 NE 1/4 S23- T6N-R65 W TEMPORARY EASEMENT ACQUIRED TE-21A 3,500.00 sf. OR 0.08 ac.+ caw TEMPORARY EASEMENT ACQUIRED TE-21 20,600.00 sf. OR 0.47 ac.+ • _ _ . _ a _ 0 4 II i t • r 1 -r i I S i I I 1 a 1 • • • ae• s � - • i rA • al • as IS •Silla a • a a w aft r. _. • a • _ S Mw-- w • ________•l _ • . - . . a.. p . . •_ . _ . •.._ •S i �`SaI it pp ... a ea a a F +.• • ►. ,•� -- . NW 1/4 S24-T6N-R65W WAKE LLLP •_ • _ la -:n M -NTS- a •._.•_ •_ S 44101 FEIT FARMS 1 LLC 1 t s 11 FEIT FARMS 1 LLC EXHIBI`r-A NE I/4 S23-T6N-R65W PROPERTY DESCRIPTION TWO PARCELS OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0803 -23 -1 -RE 410 (RE -410) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1801535 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 23 AS BEARING SOUTH 00'52'19" EAST A DISTANCE OF 5302.56 FEET TO THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; TE- 21 THENCE ALONG SAID EASTERLY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 2466.31 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'07'41" WEST, A DISTANCE OF 110.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 AND ALSO BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 185.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT -B OF SAID RE -410; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'06'46" WEST, A DISTANCE OF 240.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'52'19" WEST, A DISTANCE OF 45.00 FEET; THENCE NORTH 89'06'46" EAST, A DISTANCE OF 170.00 FEET; THENCE NORTH 00'52'19" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 89'06'46" EAST, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. SAID TE-21 CONTAINS 20,600.00 sf. OR 0.47 ac. MORE OR LESS. AND TEMPORARY EASEMENT ACQUISITION NEWTON -CANNON TE-21 & 21A WELD COUNTY, COLORADO 4297800 Pages: 8 of 11 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1861 GO"�JNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: DATE: 2-28-17 DRAWN BY: DRFI SHEET: I of 3 liii �4rjrYI4ur h 'hi�� K:�h� h1�Ir 4rrY� 1I 111 EXHIBIT -A NE 1/4 S23-T6N-R65W PROPERTY DESCRIPTION TE-21A THENCE ALONG SAID EASTERLY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 1851.54 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'07'41" WEST, A DISTANCE OF 110.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 AND ALSO BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 89'07'41" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 00'52'19" WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH 89'07'41" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID TEL21A CONTAINS 3,500.00 sf. OR 0.08 ac. MORE OR LESS. TOTAL AREA FOR TE-21 AND TE-21A CONTAINS 14,800.00 sf. OR 0.34 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY EASEMENT ACQUISITION NEWTON -CANNON TE-21 & 21A WELD COUNTY, COLORADO 4297800 Pages: 9 of 11 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: DATE: 2-28-17 DRAWN BY: DRH SHEET: 2 01'3 VIII r.tItlIlMGiIM ihigI I I'CIC4114lwkh'l 64, 11111 EXHIBIT -A NE 1/4 S23-T6N-R65W ELIZABETH ANNE NEWTON TRUST RECP.# 3904103 & JERRY D. & JOYCE M. CANNON FAMILY TRUST RECP.# 3896662 PARCEL#80323000028 LOT B RE -410 RECP.#1801535 TE- 21A P.O.B. TEMPORARY EASEMENT ACQUIRED TE-21A 3,500.00 sf. OR 0.08 ac.± TEMPORARY EASEMENT ACQUIRED TE-21 20,600.00 sf. OR 0.47 ac.± L5 S89'06'46'W 5304.37` L3 L11 TE-21 P.O.B. L7 L6 W 1/4 COR. S23-T6N-R65W FND 2 1/2" ALUM. CAP POWERS ELEV. L4 1 � I I 1 1 I I 1 � � 1 leo)I„' :ZI 1 I�1 (22 I• m1 L12 L8 I L9 j131 CV 1 (�1 I rI 1 NI I " IOU 1NI I : I I NI : I 1 140' EXISTING ROW Lt I L2 L101 FI 1 1FARMS 1 1:1 :C SE COR. I� S23-T6N-R65W FND 2 1/2" ALUM. CAP r LS24670 1993 IN MON. BOX TEMPORARY EASEMENT ACQUISITION NEWTON -CANNON TE-21 & 21A WELD COUNTY, COLORADO 4297800 Pages : of 11 04/28/2017 11:29 l AM RPee:$O,00 Carly�IKoppees, Clerk and Recorder, Weld County, CO ,III�ii�IR�'itl�llrll 1'��fl�■� ,I III P.O.C. NE COR. S23-T6N-R65W FND 2 1/2" ALUM. CAP STAMPED LS#38175 2010 IN MON. BOX EXISTING 140' ROW ACQUIRED REC#4209905 JUNE 08, 2016 & REC#4267782 JAN. 06, 2017 WAKL LIT LINE TABLE LINE BEARING DISTANCE L1 S89'07'41 'W 110.00' L2 SO0'52'19"E 185.00' L3 S89'06'46"W 240.00' L4 NO0'52'19"W 45.00' L5 N89'06'46"E 170.00' L6 NO0'52'19"W 140.00' L7 N89'06' 46"E 70.00' L8 S89'07'41"W 110.00' L9 SO0'52'19"E 70.00' L10 S89'07' 41°W 50.00' L11 NO0'52'19"W 70.00' L12 N89'07'41"E 50.00' E 1/4 COR. S23-T6N-R65W CALCULATED POSITION 1.1;1'1' FARMS 1 [[C 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. 1861 couNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS DATE: 2-28-17 DRAWN BY: DRH SHEET: 3 o13 NEWTON/CANNON TRUST(S) PARCELS: TE-21 & TE-21A 47 CORRIDOR PROJECT COMPENSATION WORKSHEET -4/05/17 ACQUISITION AREA (acres) VALUE p/ac. TOTALS MISC ROW 0.00 $ 7,000.00 $ 0 NO ROW PE(@50%LAND VALUE) 0.00 $0 I $ 0 NO PE TE (@ 10% LAND VALUE) 0.55• $ 700.00 $ 770 X 2 YEARS DAMAGES $ 0 TOTAL COMPENSATION $ 770.00 INCENTIVE (30%) ON LAND ONLY - $ 231 1 TE I$ TOTAL COMPENSATION W/INCENTIVE 1,001.00 4297800 Pages: 11 of 11 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO vi rju':i iiviv 111111 Hello