The URL can be used to link to this page

Browse Search

Home My WebLink About20173098RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - WAKE, LLLP 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 Temporary Construction Easements for 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 Wake, LLLP, 801 8th Street, STE. 220, Greeley, Colorado 80631, 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 Easements for Certain Improvements to 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 Wake, LLLP, 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. cc: Pw(TJIER/Mc) Ca.Cail), ckcrCBc) cif DCo H 7 2017-3098 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT — WAKE, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of September, A.D., 2017. ATTESTddthiv jde40•� Weld County Clerk to the Board BY utye o.o ,a , + Clerk to the Board APP ounty • ttorney Date of signature: I ! o`�Co C BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ida Julie A„ Cozad, Chair Steve Moreno, Prg em Sean P. Conway ike Freeman XCUSED Barbara Kirkmeyer 2017-3098 EG0074 9 MEMORANDUM TO: Clerk to the Board DATE: May 18, 2017 FROM: Tiffane Johnson, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Temporary Construction Easement with Wake, LLLP for the WCR 47 Corridor Improvement Project. M:\Francie\AGENDA memos\Agenda-Tiffany.doc Ca GG: On5otse+ PWc-i5) c ICP t"7 2017-3098 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECTS BETWEEN WAKE, LLLP AND WELD COUNTY, COLORADO THIS AGREEMENT is made this (,,.t.h day of 5p e.a.. , 2017, by and between Wake, LLLP, a Colorado Limited Liability Limited Partnership, whose address is 801 8th Street, Ste. 220, Greeley, CO 80631, 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: . 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 no/100 Dollars, (S700.00). 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 11, 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. 4. Owner agrees to grant the Temporary Construction Easement to County, free and 1 of 5 4333554 Pages: 1 of 8 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 141011 IOW Y4 "Ill "DO 7 -3O9S' &Ca°0-14 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 Nine Hundred and Ten and no/100 Dollars ($910.00) to the Owner for the Temporary Construction Easements by County warrant if Agreement is signed and returned on or before April 11, 2017. If the Agreement is not signed and returned on or before April 11, 2017. the County shall maintain its current offer of Fair Market Value of Seven Hundred and no/100 Dollars ($700.00) for the Temporary Construction Easements by County warrants. 2. 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 2 of 5 4333554 Pages: 2 of 8 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO llfti kithalthi liPLIMNYK M 1R RR R Agreement. 3. County shall pay all fees associated with recording this Agreement. 4. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Temporary Easement. 5. 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. "I his 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 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 3 of 5 4333554 Pages: 3 of 8 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 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. 4 of 5 4333554 Pages: 4 of 8 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO written. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above Landowner: WAKE, LI,LP, By: er/Title BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAdA) xido ei BY: Weld County Clerk to the Board Clerk to the Board • Julie A. Cozad, Chaim / t_..' 5 of 5 aol 1 -3ogg 4333554 Pages: 5 of 8 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 EXHIBIT -A. NW I/4 S24-T6N-R65W FROPERTY DESCRIPTION TWO PARCELS OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3667363 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF SAID SECTION 24 AS BEARING SOUTH 00'52'19" EAST A DISTANCE OF 5302.56 FEET TO THE SOUTHWEST CORNER OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; TE-20 THENCE ALONG SAID WESTERLY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 2516.70 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'07'41" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 ALSO BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID RIGHT -OF --WAY LINE NORTH 89'07'41" EAST, A DISTANCE OF 135.00 FEET; THENCE SOUTH 00'52'19" EAST, A DISTANCE OF 135.81 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 24; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'33'22" WEST, A DISTANCE OF 135.00 FEET TO A POINT ON SAID EASTERLY RICHT-OF-WAY LINE; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00'52'19" WEST, A DISTANCE OF 134.80 FEET TO THE POINT OF BEGINNING. SAID TE-20 CONTAINS 18,266.76 sf. OR 0.42 ac. MORE OR LESS. AND t3 3'8213 cc �t,;.5, Q- z.7 TEMPORARY EASEMENT ACQUISITION WAKE ELIA) TE-20 & 20A WELD COUNTY, COLORADO Q U N WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO. SRP-77 SCALE DATE: 1-04-17 DRAWN BY: Crites SHEET: I 43 4333554 Pages: 6 of 8 09/07/2017 10:36 AM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII �U��L�IW1�� IM's �r';IMM�ti 11111 EXHIBIT -A NW 1/4 S24-T6N-R65W PROPERTY DESCRIPTION TE-20A THENCE ALONG SAID WESTERLY LINE SOUTH 00'52'19" EAST, A DISTANCE OF 1569.31 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 89'07'41" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 ALSO BEING THE TRUE POINT OF BEGINNING THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 89'07'41" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00'52'19" EAST, A DISTANCE OF 70.00 FEET; THENCE SOUTH 89'07'41" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00'52'19" WEST, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING SAID TE-20A CONTAINS 3,500.00 sf, OR 0.08 ac. MORE OR LESS. TOTAL AREA FOR TE-20 AND TE-20A CONTAINS 21,766.76 sf. OR 0.50 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 OO U, *� 38213 ]�'0/444Q• ,34.47 t lA TEMPORARY EASEMENT ACQI TISITION WAKE LLLP TE-20 & 20A WELD COUN'T'Y, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PR0JEC I NO' SRP-27 SCALE DATE: 1-04-17 DRAWN BY. NRII SHEET: 2of3 4333584 Pages: 7 of 8 09/07/2017 10:38 AM R Fee:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO 1111 l��I�'�Wi 6 � I+�IG►' II�'r:l� I�II�� ' h�h'1« Y h 11111 EXHIBIT -A NW 114 S24 T6N-R65W P.O.C. NW COR. S24-T6N-R65W i END 2 1/2" ALUM. CAP I STAMPED t.S#38175 2010 IN MON. BOX - EXISTING 140' ROW ACQUIRED REC#4209905 JUNE 08, 2016 & REC#4267782 JAN. 06, 201/ 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. W 1/4 CUR. S24-T6N-R65W CALCULATED POSITION - I. FAIiMS I I,I,(_ SE COR. S23-T6N-R65W END 2 1/2" ALUM. CAP LS24670 1993 IN MON. BOX I EMPORARY EASEMENT .ACOI IISITION WAKE LLLP 'i'F-20 20A ALI,D COUNTY, COI OPA1TO 4333554 Pages: 8 of 8 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell II I WI I1 cI 0 U) N ° UJ U) I O a N Vol o i`° V1 'n N1 NI 1 7I Of I 147r-E-x,ST1Nq { 1 Row II 2 L1 L5 7E- 20A P.O.B. TEMPORARY EASEMENT ACQUIRED TE-20A 3,500.00 sf. L8 OR 0.08 oc.± WAKE LLLP RECP.# 3667363 PARCEL#80324200003 TE-20 P.O.B. L2 L4 L3 LINE TABLE LINE BEARING DISTANCE L1 N89'O7'41"E 30.00' L2 N89'O7'41 "E 135.00' L3 SO0'52'19"E 135.81' L4 S89'33'22"W 135.00' L5 NO0'52'19"W 134.80' L6 N89'07'41"E 30.00' L7 N89'07'41 "E 50.00' L8 SOO'52'19"E 70.00' L9 S89'07'41"W 50.00' L10 NO0'52'19"W 70.00' TEMPORARY EASEMENT ACQUIRED TE-20 18,266.76 sf. CR 0.42 ac.± WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NC SRP 27 I SCALE I -200 DATE: 1-04-17 PAWN BY DRIE SHEET. 4( -IF Hello