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Home My WebLink About20173130.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 87/40A BRIDGE PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BIJOU IRRIGATION COMPANY 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 of a Temporary Construction Easement for the County Road 87/40A Bridge 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 Bijou Irrigation Company, P.O. Box 972, Fort Morgan, Colorado 80701, commencing upon full execution of signatures, 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 the Purchase of a Temporary Construction Easement for the County Road the 87/40A Bridge 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 Bijou Irrigation Company, 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 : PLOCTJ/ ER/ MG) CA CGLIl:, GCT C (3c) lO! 3/ t 7 2017-3130 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 87/40A BRIDGE PROJECT — BIJOU IRRIGATION COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daj < JdO•ok. Weld County Clerk to the Board AP S1EDAS TO o my £ ttorney Date of signature: q I 'Cot Julie A. Cozad, Chair Steve Moreno, P m Sean P. Conway arbara Kirkmeyer 2017-3130 EG0074 CA -co (1)4 Koi MEMORANDUM TO: Clerk to the Board DATE: August 31, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of a Temporary Construction Esmt. RE: WCR 87/40-A Bridge Project. Acceptance of an Agreement for a Temporary Construction Easement from: BIJOU IRRIGATION COMPANY CG OnSot se, C TT) 9nni/ i? M:\Administration\Forms\MEMO-Form, doc 2017-3130 k_4(71974 AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 87/40A BRIDGE PROJECT, BETWEEN THE BIJOU IRRIGATION COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this L jt day of +., 2017, by and between the Bijou Irrigation Company, whose address is P.O. Box 972,27torgan, CO 80701, 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 the Weld County Road 87/40A Bridge which will improve the bridge and alignment of the roadway, (hereinafter referred to as "WCR 87/40A Bridge Project" (the "Project"), and WHEREAS, County will need said Temporary Construction Easement in order to construct the Project which is required in conjunction with said improvement and 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 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 and no/100 Dollars, ($300.00). 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 August 18, 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 Easement and will defend title thereto against all claims. Page 1 of 5 4339349 Pages: 1 of 8 09/27/2017 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO QO(1— 313O E.,v OO7 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 October 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 interest, 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 Easement 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 ofexecution. 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 Easement. 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 Four Hundred and no/100 Dollars ($400.00) to the Owner for the Temporary Construction Easement by County warrant if Agreement is signed and returned on or before August 18, 2017. If the Agreement is not signed and returned on or before August 18, 2017, the County shall maintain its current offer of Fair Market Value of Three Hundred and no/100 Dollars ($300.00) for the Temporary Construction Easement by County warrants. 2. The parties agree that County shall pay Owner for the Temporary Construction Page 2 of 5 4339349 Pages: 2 of 8 09/27/2017 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 rr1 7IIA4 ilittiI l'itiW l 1111:Y 1.1iii iii 1I II Easement by County warrant within thirty (30) days of County's execution of this 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 Bridge 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 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 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. Page 3 of 5 4339349 Pages: 3 of 8 Carly Koppes, Clerk and 09/27/2017 03:08 PM R Fee:$0.00 111 irl7li�' �. 1/4114:1101:4�dklifei IYit {�'v . co Eir110liirih,1111 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 4339349 Pages: 4 of 8 09/27/2017 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� NrIi li.iiII CIAI:WMINIliV, OO ' Iiti4YL4h II III written. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above Landowner: BIJOU IRRIGATION COMPANY By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c. ATTEST: dia4A) w ..eido;,,i Weld County Clerk to the Board BY: Or......6Z aft., • Clerk to the Boarcfl?-QAYYL 4339349 Pages: 5 of 8 09/27/2017 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l r.VIII IVR IMilliikWiVirliA I lih 11111 le A. Cozad, Chair Page 5 of 5 '@O 7-3130 E.G OO ? H EXHIBIT -A NE 1/4 S30-T4N-R6IW PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 61 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 41439 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 61 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 30 AS BEARING SOUTH 00'32'43" EAST, A DISTANCE OF 5349.49 FEET TO THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 61 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 30 SOUTH 00'32'43" EAST, A DISTANCE OF 1526.57 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH B9'27'17" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 87 AS DESCRIBED IN THE ROAD VIEWERS REPORT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 455809 AND ALSO BEING A POINT ON THE NORTHERLY LINE OF THE BIJOU IRRIGATION COMPANY (FORMERLY BIJOU RESERVOIR AND CANAL COMPANY) AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 41439, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND DEPARTING SAID NORTHERLY LINE SOUTH 00'32'43" EAST, A DISTANCE OF 115.80 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID BIJOU IRRIGATION COMPANY; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID SOUTHERLY LINE NORTH 60'15'36" WEST, A DISTANCE OF 147.42 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 17'44'21" EAST, A DISTANCE OF 102.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BIJOU IRRIGATION COMPANY; THENCE ALONG SAID NORTHERLY LINE SOUTH 6015'36" EAST, A DISTANCE OF 110.27 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,884.38 sf. OR 0.30 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 ACQIJISITION BIJOU IRRIGATION COMPANY (Formerly the Bijou Reservoir & Canal Co.) WELD COUNTY, COLORADO 4339349 Pages: 6 of 8 09/27/2017 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII lerdiletr,1 6'19ilif ,12 TIK till WELD COUNTY DEPARTMENT OF PUBLIC WORKS cL)N Y BRIDGE 87/40A PROJECT PROJECT NO: BR -I28 SCALE: DATE: 7-27-17 DRAWN BY ORII SHEET: I of EXHIBIT -A NE1/4 S30-T4N-R6.1 W T.P.O.B TEMPORARY EASEMENT ACQUIRED 12,884.38 sf. OR 0.30 ac.± LARRY DEAN HART & BRENDA LEE LANGFORD EXISTING 60' ROW REC#455809 APRIL 21, 1924 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. TEMPORARY EASEMENT ACQUISITION BIJOU IRRIGATION COMPANY 4339349 Pages: 7 of 8 D9/27/2017 03:08 PM R Fee:$0.00 "arly Koppes, Clerk and Recorder, Weld County, CO &' Ii I L At KIOnliMM f'li1'iliA 1111 hl co, IIV P.O.C. NE SEC. COR. S3O-T4N-R61W FND 3 1/4" ALUM. CAP PLS 13225 2000 NE 1/4 S30-T4N-R61W NWl/4 S29-T4N-R61 W KINGSBURY FAMILY RANCH LLLP S89'27'17"W 30.00' CV o SE SEC. COR. u7 S30 -74N -R61 W FND 3 1/4" ALUM. CAP PLS 23032 1996 WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS LINTY BRIDGE 87/40A PROJECT PROJECT NO: BR -128 SCALE: 1"=100 DATE: 7-27-17 DRAWN BY: DRH SHEET: 2 of 2 BIJOU IRRIGATION CO. PARCELS: TE WCR 87/40A BRIDGE PROJECT COMPENSATION WORKSHEET— 7/13/17 *LAND VALUE = $1000 PER/AC. ACQUISITION AREA (acres) VALUE p/ac. TOTALS MISC ROW 0.00 $ 0 $ 0 NO ROW PE (@ 50% LAND VALUE) 0.00 $ 0 $ 0 NO PE TE's (@ 10% LAND VALUE) 0.30 $100.00 $ 60 X 2 YEARS DAMAGES $ 0 TOTAL COMPENSATION $ 300.00 MINIMUM INCENTIVE (30%) ON LAND ONLY $ 90 TE TOTAL COMPENSATION W/INCENTIVE $ 390.00 $ 400.00 ROUNDED 4339349 Pages: 8 of 8 09/27/2017 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 PION fl i lertiarT 10 Ikli«44FA Iii': WIA:iill 11111 Hello