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Home My WebLink About20173104RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR COUNTY ROAD 87/40A BRIDGE PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LARRY HART AND BRENDA LANGFORD 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 Temporary Construction Easements 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 Larry Hart, 2212 Coventry Court, Fort Collins, Colorado 80526 and Brenda Langford, 42996 U.S. Highway 34, Orchard, Colorado 80649, 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 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 Larry Hart and Brenda Langford 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: PWCTSrER/mc) Co.. cc. I t) , Oxc i-C BC) c /9C01( 7 2017-3104 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 87/40A BRIDGE PROJECT - LARRY HART AND BRENDA LANGFORD 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. ATTEST:di: G:.,(A•ok Weld County Clerk to the Board Date of signature: 9 I''CQ l 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Julie !. Co ad, Chair Steve Moreno, Pro -Tern Sean P. Conway 4,12 2017-3104 EG0074 C.On+pct 2O tg' MEMORANDUM TO: Clerk to the Board DATE: August 31, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Temporary Construction Esmts. RE: WCR 87/40-A Bridge Project. Acceptance of an Agreement for Temporary Construction Easements from: LARRY DEAN HART & BRENDA LEE LANGFORD MA' Administratian\Forms\.MEMO-Form.doc Ge• : Or` cjace. Pc4 C T3,) a/corm 2017-3104 aG 0c -7 y af� AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE WELD COUNTY ROAD 87/40A BRIDGE PROJECT, BETWEEN LARRY DEAN HART & BRENDA LEE LANGFORD AND WELD COUNTY, COLORADO THIS AGREEMENT is made this Coth day of -}. , 2017, by and between Larry Dean Hart whose address is 2212 Coventry Court, Fort Collins, CO 80526 & Brenda Lee Langford whose address is 42996 US Hwy. 34, Orchard, CO 80649, 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 Easements 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 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 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 July 31, 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 O1.1-- 3109 4333560 Pages: 1 of 9 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� N4FJNI'l14�.'104,'I0:I.11410. MJ1/2111041I'Zirli'dillid 11 II 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 1 emporary 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 Four Hundred and no/100 Dollars ($400.00) to the Owner for the Temporary Construction Easements by County warrant if Agreement is signed and returned on or before July 31, 2017. If the Agreement is not signed and returned on or before July 31, 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 Easements by County warrants. Page 2 of 5 4333560 Pages: 2 of 9 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County, CO 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 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 Easements 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 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. Page 3 of 5 4333560 Pages: 3 of 9 09/07/2017 10:38 AM R Fee:$0.00 Carly Kopp's, Clerk and Recorder, Weld County, CO ilk 11111 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 4333560 Pages: 4 of 9 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO X111 I�.�l7 �4,ralifi�'F:I�N�� 4I�LrK��YL�Iti 1I II 1 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowner: LARRY DEAN HART & BRENDA LEE LANGFORD By: By: Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO' • DO ulie A. Cozad, Chair ATTEST: di:MO) ve �C ;ok• Weld County Clerk to the Board BY: • C.C;tate.,..,, uty Clerk to the Board 4333560 Pages: 5 of 9 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII I ��17 NOMilk II Page 5 of 5 ot-7-310 E,GO©?(4 EXHIBIT -A NE I/4 S30-T4N-R6IW PROPERTY DESCRIPTION TWO PARCELS 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 PARCELS BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4072991 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; PARCEL -1 THENCE ALONG THE EASTERLY LINE OF SAID SECTION 30 SOUTH 00'32'43" EAST, A DISTANCE OF 1297.11 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'27'17" 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, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY UNE SOUTH 00'32'43" EAST, A DISTANCE OF 229.46 FEET TO A POINT ON THE NORTHERLY LINE OF THE BIJOU RESERVOIR AND CANAL COMPANY AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 41439; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID NORTHERLY LINE NORTH 60'15'36" WEST, A DISTANCE OF 110.27 FEET; THENCE DEPARTING SAID NORTHERLY LINE NORTH 17'44'21" EAST, A DISTANCE OF 91.50 FEET; THENCE NORTH 36'51'57" EAST, A DISTANCE OF 109.49 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL-/ CONTAINS 12,566.29 sf. OR 0.29 ac. MORE OR LESS. AND TEMPORARY EASEMENT ACQUISITION HART & LANGFORD WELL) COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 87/40A PROJECT PROJECT NO: BR -128 SCALE: DATE: 3-28-17 DRAWN BY: DRH SHEET: 1 of 3 4333560 Pages: 6 of 9 09/07/2017 10:38 AM R Fee:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO �N�TA'IIM:k'ON HAWmob BIM EXHIBIT -A NE I/4 S30-T4N-R6IW PROPERTY DESCRIPTION PARCEL -a THENCE ALONG THE EASTERLY LINE OF SAID SECTION 30 SOUTH 00'32'43" EAST, A DISTANCE OF 1642.37 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'27'17" 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 SOUTHERLY LINE OF THE 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 DEPARTING SAID SOUTHERLY LINE OF THE BIJOU RESERVOIR AND CANAL COMPANY AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'32'43" EAST, A DISTANCE OF 260.02 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 25'25'38" WEST, A DISTANCE OF 330.02 FEET; THENCE NORTH 17'44'21" EAST, A DISTANCE OF 36.84 FEET TO A POINT ON SAID SOUTHERLY LINE OF THE BIJOU RESERVOIR AND CANAL COMPANY; THENCE ALONG SAID SOUTHERLY LINE SOUTH 60'15'36" EAST, A DISTANCE OF 147.42 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL -2i CONTAINS 20,708.45 sf. OR 0.48 ac. MORE OR LESS. TOTAL AREA FOR PARCEL -1 AND PARCEL -a CONTAINS 33.274.74 sf. OR .77 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 HART & LANGFORD WELD COUNTY, COLORADO N T Y —CO 4333560 Pages: 7 of 9 09/07/2017 10:36 AM R Fae:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO lIII IMCNIIINDMNdI illitI ligfWd "Ill WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 87/40A PROJECT PROJECT NO: BR -I28 SCALE: DATE: 3-28-17 DRAWN BY:I)101 SHEET: 2 of 3 EXHIBIT -A T.P.O.B. PARCEL -1 ki t1` h^• TEMPORARY EASEMENT o) ACQUIRED PARCEL -1 •� �C, 12,566.29 sf. OR 0.29 ac. t h . S � h 6)"H. 'Nf474C 1O 3 O' 5, SOW e N17'44'21 "E 36.84' TEMPORARY EASEMENT ACQUIRED PARCEI —2 20,708.45 sf. OR 0.48 ac.± 5'60./ T.P.0.8. i� PARCEL— rn s.1:1‘,, . &I ,c - co 4> .4?. P.0.C. NE SEC. COR. S30—T4N—R61 W r FND 3 1/4" ALUM. CAP PLS 13225 200O 2ta cl: V) LARRY DEAN HART & °g, BRENDA LEE LANGFORD RECP.# 4072991 PARCEL# 104730100001 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. IN'i)R.ARY IASI•YIFNI \L()t I" 1 I l(\' HART & I \NGFORI) WEI O CA:H V, COLORADO — S89•27'17"W 30.00' EXISTING 60' ROW REC#455809 APRIL 21, 1924 S89'27'17"W 30.00' SE SEC. COR. S30-T4N-R61W FND 3 1/4" ALUM. CAP PLS 23032 1996 WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS CO 4333580 Pages: 8 of 9 09/07/2017 10:38 AM R Fee:$0.00 Carly Kopp's, Clerk and Reoorder, Weld County, CO 1111 NrIAriNi � I 'MII r BRIDGE 87/40A PROJECT JEu BR, 28 3-28-1" DRAWN 3 r DR I HART/LANGFORD PARCELS: TE'S Parcels 1 & 2 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 (2) (@ 10% LAND VALUE) 0.77 $100.00 $ 154 X 2 YEARS DAMAGES $ 0 TOTAL COMPENSATION $ 300.00 MINIMUM INCENTIVE (30%) ON LAND ONLY $ 90 TE's TOTAL COMPENSATION W/INCENTIVE $ 390.00 $ 400.00 ROUNDED 4333560 Pages: 9 of 9 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII !PAC IiaMI I 'h lidli GN+IAb IIIIM IA Bill Hello