HomeMy WebLinkAbout20161753.tiffRESOLUTION
RE: APPROVE ADDENDUM TO REAL PROPERTY PURCHASE AGREEMENT TO
COMPLETE CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - E. JEAN SWARTZ
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 Addendum to Real Property
Agreement to Complete Certain Improvements to County Road 49 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 E. Jean Swartz, 636 Cheyenne Drive, Unit 27, Fort
Collins, Colorado 80525, 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 Addendum to Real Property Purchase Agreement to Complete Certain
Improvements to County Road 49 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 E. Jean Swartz, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all related documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: jekAk
Weld County Clerk to the Board
puty Clerk to the Boa
County Attorney
Date of signature: 7 Oten,
Julie A. Cozad
Mike Freeman, Chair
Sean P. Co way, Pro-Tem
XCUSED
:arbara Kirkmeyer /1
Steve Moreno
GG: PwCTT/Ft)
-7/la/OO1c
2016-1753
EG0073
MEMORANDUM
TO: Clerk to the Board DATE: May 31, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Corridor Project
Reference Doc /4 2016-1392
Addendum to Real Property Purchase Agreement with E. Jean Swartz.
NI Wrancie\AGENDA memos\Agenda-Tiffany doc
RECEIVED
MAY 3 1 2313
WELD C0UNTY,_
COMMISSIONER -
2016 -1753
ADDENDUM TO REAL PROPERTY PURCHASE AGREEMENT BETWEEN WELD
COUNTY AND E. JEAN SWARTZ
THIS ADDENDUM is made and entered into thiseZZ day of May 2016, by and between
E. Jean Swartz, whose address is 636 Cheyenne Drive, Unit 27, Fort Collins, Colorado 80525,
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".
WHEREAS, County and Owner previously executed an AGREEMENT TO PURCHASE
PUBLIC ROAD RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, dated April 14, 2016 (hereinafter
referred to as the "Agreement"), and
WHEREAS, pursuant to the terms of the Agreement, Owner conveyed a Temporary
Construction Easement (TCE) to County, and
WHEREAS, on or about May 13, 2016, a subcontractor to the County's design -build
contractor, IHC, left a gap between Owner's fence and adjacent property fence which could
have allowed Owner's livestock to leave the property and enter the roadway, creating dangerous
conditions to the animals and the travelling public, and
WHEREAS, this ADDENDUM is necessary to clarify the responsibilities of the parties
should it occur again.
NOW, THEREFORE, the Agreement is hereby modified as follows:
1. Section 14 under Owner's Rights and Responsibilities of the Agreement is deleted and
replaced in its entirety with the following:
The temporary fence shall be left in place after construction and Owner will remove if
desired. County, including any and all of its agents or assigns, shall ensure that the fence
remains intact as necessary to keep livestock from escaping the property.. The County
agrees that it shall be responsible for any costs or damages resulting from livestock
escaping the property due to County's failure to keep the fence intact. Nothing herein
shall preclude the County from asserting a claim against any third party, including the
County's design -build contractor or any of its subcontractors, for any costs or damages
described herein.
2. All other terms and conditions of the Agreement remain unchanged.
OWNER:
Stun, S -/
E. Jean S iartz
Date
4209908 Pages: 1 of 2
06/08/2016 03:38 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
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WELD COUNT �,�,/
ATTEST: y�/ G: JC,LtO;tK
Weld C. . ty Clerk to the Board
BY:
Deputy Cle
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APPROVED AS TO FUNDIN
Controller
APPROVED AS TO FORM:
J L
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County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
JUN062016
APPROVED AS TO JBS1ANCE:
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ecfed i " I or Department Head
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Director of General Services
4209908 Pages: 2 of 2
06/08/2016 03:38 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County CO
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