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Home My WebLink About20160571.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - THOMAS D. CROGHAN LIVING TRUST AND MARY E. CROGHAN LIVING TRUST 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 for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to County Road 49 between I-76 and County Road 38 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 Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust, 8469 County Road 49, Hudson, Colorado 80642, 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 for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to County Road 49 between I-76 and County Road 38 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 Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 2016-0571 EG0073 c c: w�Fc1��zi RE: AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 - THOMAS D. CROGHAN LIVING TRUST AND MARY E. CROGHAN LIVING TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditgeti &j( aego;� Mike Freeman, Chair Weld County Clerk to the Board ' Sean P. Conway, Pr - f-m BY: =�uty Clerk t• the Boar• E,Larbara Kirk eyer AP" *'' DAS % 'M: ►�� , .,1/4? ie A. Coza• o� torney ec<' teve Moreno Date of signature: / '► 2016-0571 EG0073 MEMORANDUM TO: Clerk to the Board DATE: 1/29/2016- - k%,1/4,,,_-Cp_UNYY FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Temporary Construction Easement for Improvements to WCR 49 between I-76 and WCR 38 with Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust. Anadarko, which owns the adjacent lot to the south of this property, acquired this temporary construction easement for the County at no cost to the County. A quit claim deed was separately acquired by Anadarko for the County, which is why this agreement is for the temporary construction easement only. RECEIVED FEB 01 2013 WELD COUNTY COMMISSIONFm M:\Francie\AGENDA memos\Agenda-Leon-1.doc 2016-0571 EG 00i 3 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD (4#9� BETWEEN)MINEWI' IMN AND WELD COUNTY, COLORADO Thomas D. Croghan Living Trust and Mary E. Croghan Living Trust THIS AGREEMENT is made this (. day of RP/'I t ,2015, by and between Thomas D. Croghan Living Trust,dated August 26,2011 and Mary E. Croghan Living Trust,dated August 26, 2011, whose address is 8469 CR 49, Hudson, CO 80642, 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 fmds it necessary to rebuild and improve Weld County Road which will involve said road's realignment and construction,(hereinafter referred to as"Road Improvement Project"), and WHEREAS,County will need said Temporary Construction Easement in order to construct said road which is required in conjunction with the Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S 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 good and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Temporary Construction Easement and will defend title thereto against all claims. 3. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 4. This Temporary Construction Easement shall commence on the date of construction and shall expire and be of no further force or effect three(3)years after or at the completion of construction, whichever is earlier. 5. 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 temporary reasonable and proper use of said easement. 6. Owner shall retain the mineral estate associated with the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Temporary Construction Easement. 7. This Agreement shall serve as complete evidence of the terms contained herein and Agmt for Purchase of Temp Easement-Immed Possession Page 1 4183569 Pages: 1 of 6 ou/‘. 'osl 02/25/2016 01:50 PM R Fee:$0.00 Ii y pClerk and Recorder, Weld County, Co ' Y4rh 11111 • the parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County. 8. Owner shall pay any encumbrance associated with the Temporary Construction Easement which is required to be paid, including,but not limited to,property taxes and any past due property taxes, and interest and penalties thereon. Furthermore, Owner is solely responsible for the payment of any amounts which may be owed to a third party holding a security interest in the Temporary Construction Easement. COUNTY'S RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Temporary Construction Easement. 2. The parties agree that County shall pay Owner for the Temporary Construction Easement by County warrant within ten (10) days of County's execution of this Agreement. 3. 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. 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 transfer 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. 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. 4. The parties hereby agree that neither has made nor authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein. This Agreement embodies all agreements between the parties hereto and there are no oral or written promises, terms, conditions, or obligations referring to the subject matter addressed herein other than as contained in this Agreement which shall be binding on either party, or its agents or employees. 5. 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 Agmt for Purchase of Temp Easement-Immed Possession Page 2 4183569 Pages: 2 of 6 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 NUF.r RAMC 1016.1101WAIR 11111 Agreement shall be an incidental beneficiary only. 6. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. THOMAS D. CROGHAN LIVING TRUST, MARY E. CROGHAN LIVING TRUST, DATED AUGUST- 26, 2011 DATE AUGUST 26 2011 I.-By: -, , ' O. L By: (ti_71........„ Thomas D. Croghan, TrusteeE. Crog , ustee BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: - /, #' \ ! 4 i Freeman , Chair FEB o 8 2016 Weld i ty C - , • t u a B•and ` ke BY• A A. Deputy S 1 rk to the B1. d ACKNOWLEDGMENTS STATE OF a ri?(-Jr\a\ ) ) ss. COUNTY OF got ) Y The foregoing instfdment was acknowledged before me this to day of j , 2015, by Thomas D. Croghan, Trustee of the Thomas D. Croghan Living Trust, dated August 26, 2011. _ _ ,t.;;;;;;':, SYNOA KETCHUM y Notary Public•Arizona La County No Public ea My Comm.Expires Jan 14,2019 My commission expires: O\- 1 Z - DC)l� STATEO O\q --- -) — Ack_V_Ci ) ss. COUNTY OF ) The fore oin inent was acknowledged before me this day of j , foregoing g � 2015, by Thomas D. Croghan, Trustee of the Thomas D. Croghan Living Trust, date August 26, 2011. $' ,' SYNOA KETCHUM D f` Notary Mk•Arizona cI ;v �— Co I k . ' My Comm.Expires Jan 14.2019 No Public My commission expires: .4/-/"7/-,,2 0 1 Cj STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015,by ,as . Notary Public My commission expires: Agmt for Purchase of Temp Easement-Immed Possession Page 3 / 4183569 Pages: 3 of 6 -^e /6 O511 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 kill NDIIIVICIrh Hill i ii rlY ili kiiii'ilih Bill RE: PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT -THOMAS D. CROGHAN AND MARY E. CROGHAN LIVING TRUST ATTEST: ` d-40 tok. BOARD OF COUNTY COMMISSIONERS Weld • nt Clerk to the oard WELD COUNTY, COLORADO Q BY: Deputy Cl:! k to the B• �"�~' ' ; a `'Mike Freeman, Chair FEB 0 8 2016 APPROVED AS TO FUN t. "" PPROVED AS T NCE: Controller El ed i I or Department Head APPROVED AS TO FORM: — N ' Director of General Services County Attorney 4183569 Pages: 4 of 6 02/25/2016 01:50 PM R Frder, 00 /(O,. D1/ Carly Koppes, Clerk and Recorder, Weld County, 4m11111 �/ ii I��QJ�l Y�� '��'M��4�+rr1 � 41W�� 4 • • EXHIBIT- A 7-CROGHAN-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the East Half (E1/2) of Section Twenty—four (24), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and consisting of the following three constituent parts: 1) The West Twenty (20) feet of the East Eighty (80) feet of Lot A, Recorded Exemption No. 1307-24-4—RE 112, recorded March 15, 1974 as Reception No. 1632044 of the records of the Weld County Clerk and Recorder; Said strip of land contains 22,301 sq. ft. or 0.512 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. 2) The West Twenty (20) feet of the East Eighty (80) feet of Lot B, Recorded Exemption No. 1307-24-4—RE 112, recorded March 15, 1974 as Reception No. 1632044 of the records of the Weld County Clerk and Recorder; Said strip of land contains 4,001 sq. ft. or 0.092 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. 3) The West Twenty (20) feet of the East One Hundred Twenty (120) feet of Lot A, Recorded Exemption No. 1307-24-1—RE1154, recorded March 22, 1990 as Reception No. 02208567 of the records of the Weld County Clerk and Recorder; Said strip of land contains 9,937 sq. ft. or 0.228 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. • 38106 >: gyp ' 415L4/ °°°•• eee° Ji Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT A�r1, OF PUBLIC WORKS ACQUISITION 1\„z•„.: 674 WCR 49 CORRIDOR PROJECT E7 BETWEEN WCR(s) 18&20 CROGHAN WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 phone:(970)6865011 I email:info@KingSurveyors.com DATE: 2-25-15 DRAWN BY: CDL SHEET: 1 oft 4183569 Pages: 5 of 6 02/25/2016 01:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT-/ CALCULATED POSTION N NE COR S24-T2N-R65W E COR S24-T2N-R65W FND #6 RB W/ 2.5" AC STAMPED LS 27269 1998 NOTE: This exhibit drawing is not WITNESS CORNER Intended to be a monumentalized land survey. It's sole purpose Is as a graphic representation to aid I I .' In the visualization of the written L7 property description which it to • I o0 I accompanies. The written property THOMAS &MARY m o0 • I i description supersedes the exhibit ci x. LN 4O' EXISTING RIGHT—OF—WAY drawing. CROGHAN -4-� I3 (BOOK 1O55 PAGE 192) PARC.#130724000027 W 1 � RECP.#02388040 r`In - I-M" u)s ..d.• LOT ARE 1307-24-1-RE 1154 t I P - 0 I 6 i In APPROXIMATE CENTERLINE OF NATURAL GAS EASEMENT -.r O 1 I Z VIRGIL H.JOHNSON TO TOWER ENERGY CORPORATION O N • I NO SPECIFIC LOCATION GIVEN, Z �L2 I l EASEMENT TO BE "SUFFICIENT IN W1DTH" (REC. NO. 02239012) J I • I THOMAS &MARY L6-"' W 1/4 S19-T2N-R64W C I CROGHAN PARC.#130724000027 In � I FND #6 RB W/ 3.25", STAMPED LS 23O27 2OOO O RECP.#1864613_ I I I IN MON. BOX LOT B RE 1307-24-4-RE 112 _.._,. ` / i • 4O' EXISTING RIGHT-OF-WAY r% I (BOOK 1055 PAGE 192) 7 1 I-"-•3O' EXISTING RIGHT-OF-WAY 20' INGRESS/EGRESS EASEMENT // I I TO PINNACLE TOWERS ASSET HOLDING LLC f (REC. NOs. 2757184. 2757185 & 3598735)—~ 6O'- , t • "- NOTICE I According to Colorado law you must commence any legal f'/f n`in I action based upon any defect in this survey within three S ;1�4 .: O I 0 years after you first discover such defect. In no event u7`i may S24 TLN-R65W o moy any action based upon any defect In this survey be =i I in commenced more than ten years from the date of the -, co certification shown hereon. (13-80-105 C.R.S. 2012) i I N = 'd i DECHANT FARMS d- " 1 . I o PARTNERSHIP THOMAS &MARY o o I • 1 SW 1/4 CROGHAN z i v I i P S19-T2N-R64W L)N E TABLE PARC.#130724000027 I z RECP.#1864613 LINE BEARING LENGTH LOT ARE1307-24-4-REII2 I i L1 N89'51'43"E 20.00' 2O' TEMPORARY EASEMENT _ 1 . I ACQUIRED 36,239sf. OR O.832ac. I L2 SO1'O3'45"E 1.61' 1 i L3 SO1'O3'48"E 198.42' JV'cR 1185 L4 I SE COR S24-T2N-R65W I L4 S89'49'49"W 20.00' FND #6 RB W/ 3.25" AC STAMPED LS 2352O 2OO2 L5 NO1'O3'48"W 198.11' IN MON. BOX L6 NO1'O3'45"W 1.94' TEMPORARY EASEMENT •A...•„41...•„41.. WELD COUNTY DEPARTMENT ACQUISITION 4ft OF PUBLIC WORKS Q ea \,\� ►1 WCR 49 CORRIDOR PROJECT CROGHAN \ BETWEEN WCR(s) 18&20 I KING SURVEYORS PROJECT NO: SRP-26 SCALE:In=300' WCR 49 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:(570)686-5011 I email:info@ ingSurceyors.com DATE: 2-25-15 DRAWN BY: CDL SHEET: 2 of 2 I 4183569 Pages: 6 of.:0 02/25/2016 01:50 PM R Fee:$0.00 vivw ty COI ,IIII car 1Y vulva llr milil�1lYTit County, CO ��1� 5 '�y IYr'1 Hello