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Home My WebLink About20173686.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - STEVEN KELLY 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 Purchase of 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 Steven Kelly, 23101 CR 64, 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 Purchase of 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 Steven Kelly be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cctpwC"r3-ltYlcl eiz) GlC.T C DG) tt/t3/t7 2017-3686 EG0074 TEMPORARY CONSTRUCTION EASEMENT - CR 47 CORRIDOR IMPROVEMENT PROJECT - STEVEN KELLY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: die/O/1J o;ei Weld County Clerk to the Board BY: APPR y - torney Date of signature: 1%1 L ( lr�u Julie A. ozad, Chair ,e, Steve Moreno, Pro-Tem Sean P. Conway J /like Freeman XCUSED Barbara Kirkmeyer 2017-3686 EG0074 &-2ttc,c,c /,5--/( MEMIDEANDUM. TO: Clerk to the Board DATE: October 17, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT; Acceptance of an Agreement for Temporary Easements RE: CR 47 Corridor Project (SRP-27) (TE-12 & TE-12A) Acceptance of Temporary Easements from: STEVEN E. KELLY AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT1 BETWEEN STEVEN E. KELLY AND WELD COUNTY, COLORADO 11 THIS AGREEMENT is made this day of , 2017, by and between Steven E. Kelly, whose address is 23101 CR 64, Greeley, CO 806 , 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 One Thousand, One Hundred Ninety -Six and no/100 Dollars, ($1,196.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to removal and relocation of existing fencing, landscaping, irrigation and water hydrant and County agrees to pay sum of Ten Thousand, Three Hundred and Three Dollars, ($10,303.00) for said damages. 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 clear of all liens, encumbrances or other possessory claims, except existing easements. Page 1 of 5 4347236 Pages: 1 of 7 10/26/2017 12:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County: CO alit 114 MEN Will *V Li III III 020/7-,36r4- 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, 2018, 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. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay a total of Eleven Thousand, Four Hundred Ninety -Nine and no/100 ($11,499.00) dollars for The Temporary Construction Easement and Damages as outlined in paragraphs 1 and 2 under OWNERS RIGHTS AND RESPONSIBILITIES. 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. Page 2 of 5 4347236 es: 2 of 7 10/26/2017 12:P109PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld Ell PPPARI41114511KliMliillir Y4rh BB it l 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 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. Page 3 of 5 4347236 Pages: 3 of 7 10/26/2017 12:10 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder. Weld County CO 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. 4347236 Pages: 4 of 7 10/26/2017 12:10 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII RUT VeglirJhG+iktEil lf. Y44, BI II I Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowner: STEVEN E. KELLY By: ,_'•'rl ' . Owner/Title BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: BY: Jai, a Julie A'Cozad, Chair el County Clerk to e Board Deputy Cler o th Board 4347236 Pages: 5 of 7 10/26/2017 12:10 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County: CO lIII !P.M FiArgi, Il kl'i I ICI I'Y rAth:Ni ii ii,11 II 1 I 2 5 2017 Page 5 of 5 ,Za/7--56 6 EXHIBIT -A SW I/4 S25-T6N-R65W PROPERTY DESCRIPTION TWO PARCEL S OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 0803 -25 -3 -RE 362 (RE -362) FILED 04 THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1778584 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 85 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY UNE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 25 AS BEARING NORTH 00'44'50" WEST A DISTANCE OF 2639.48 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 25, TOWNSHIP 6 NORTH. RANGE 65 WEST ALSO DESCRIBED AS SHOWN; TE-12 THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER NORTH 89'50'13" EAST, A DISTANCE OF 144.43 FEET; THENCE DEPARTING SAID SOUTHERLY UNE NORTH 00'09'47" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 64 SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 00'09'47" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89'50'13" EAST, A DISTANCE OF 140.00 FEET; THENCE SOUTH 00'09'47" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'50'13" WEST, A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TE-12 CONTAINS 3,500.00 sf. OR 0.08 oc. MORE OR LESS. AND TE-12A THENCE ALONG THE SOUTHERLY UNE OF SAID SOUTHWEST ONE -QUARTER NORTH 8950'13" EAST, A DISTANCE OF 334.13 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 00'09'47" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY UNE OF SAID LOT -A ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 64. SAID POINT BEING THE TRUE POINT CC BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY UNE SOUTH 89'50'13" WEST, A DISTANCE OF 17.24 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY UNE NORTH 00'09'47' WEST. A DISTANCE OF 50.00 FEET; THENCE NORTH 89'50'13" EAST, A DISTANCE OF 16.72 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT -A; THENCE ALONG THE EASTERLY UNE OF SAID LOT -A SOUTH 00'45'14" EAST, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TE-12A CONTAINS 849.05 sf. OR 0.02 ac. MORE OR LESS. TOTAL AREA FOR TE-12 AND TE-12A CONTAINS 4,349.05 sf. OR 0.10 oc. 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 KELLY TE-12 & TE-12A WELL) COUNTY, COLORADO 1861 Q WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE DATE: 1-26-17 DRAWN BY; DIM SHEET: I of2 4347236 Pages : 6 of 7 10/26/2017 12:10 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County CO III! FPI IP 11111 EXHIBIT --A SW 1/4 S25-T6N-R65W W 1/4 COR.--' S25-T6N-R$5W END 3Y4' ALUM. CAP I STAMPED LS#34995 2012 IN MON. BOX I 1 EXISTING 60' ROW 8K.1154/PG.241 5-9-1945 I ft0.8K.2/PG.192 JAN. 2.3, 1878 1 -WCR--64 P.O.C. SW CUR. S25-T6N-R65W END 3Y4" ALUM. CAP STAMPED LS#38213 2016 IN MON. BOX 60' .S'if; / 1 S'.5 -16N -ROW STEVEN E. KELLY REC#3573685 PARCEL#080325000029 LOT A RE -362 RECP.#1778584 TEMPORARY EASEMENT ACQUIRED TE-12 1V 3,500.00 sf. 0.08 ac.± E NC RWW TE-12 T.P.O.B. 144.43' EASING 60' ROW-' RO.BK.1 /PG.204 JUL. 28, 1873 (RD100-26) ALSO NORTH 30' OF SEC 38 FROM STATE LAND BRD. RECP#138986 MAR.17.1909 1,D S C;I II IR(.I 1 L3 334.13 Gd L9 L8 :. L10 L4 TEMPORARY EASEMENT ACQUIRED TE-12A 849.05 sf. 0.02 ac.± TE-12A T.P.O.B. OMNI. mom. 6 N89'50'13E 2632.79' LINE TABLE LINE BEARING DISTANCE L1 NO0'09'47"W 30.00' L2 NOO'09'47"W 25.00' L3 N89'50'13"E 140.00' L4 SOO'09'47"E 25.00' L5 S89'50'13'W 140.00' L6 NQ0O9'47"W 30.00' L7 S89'50'13"W 17.24' L8 N00 09'47"W 50.00' L9 N89'50'13"E 16.72' L10 S00'45'14"E 50.00' 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. S 1/4 COR.-� S25-T6N-R65W END X16 REBAR TEMPORARY EASEMENT ACQUISITION KELLY TE- 12 & TE- 12A W la.1) COUNTY, CCII ORAI)O 1861 T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: 1 i t10 DATE: 1-26-17 DRAWN BY: I)RII SHEET: 2 012 4347236 Pages: 7 of 7 10/26/2017 12:10 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder Weld County CO ��PIP'AV NAVY In 14'0141' API 11111 STEVEN KELLY PARCELS: TE-12 & TE-12A 47 CORRIDOR PROJECT COMPENSATION WORKSHEET -10/09/17 ACQUISITION AREA (acres) VALUE p/ac. TOTALS MISC ROW 0.00 $ 46,000.00 $ 0 NO ROW PE (@ 50% LAND VALUE) 0.00 $ 0 $ 0 NO PE TE (@ 10% LAND VALUE) 0.10 $ 46,000.00 $ 920.00 X 2 YEARS TOTAL LAND $ 1,196.00 DAMAGES (FENCING, LANDCAPING, IRRIGATION, WATER HYDRANT BACKFLOW PIT $ 10,303.00 TOTAL COMPENSATION W/INCENTIVE $ 11,499.00 Hello