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Home My WebLink About20160146.tiff RESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT CONCERNING CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - BOX ELDER KIDS, LLC 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 a Possession and Use Agreement Concerning 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 n conditions being as stated Public Works, and Box Elder Kids, LLC, with terms and Department of ub p in said agreement, and approve agreement,after review, the Board deems it advisable to said 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 Possession and Use Agreement Concerning 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 Box Elder Kids, LLC, be, and hereby,js, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Vi G: �c '4,I4.3r.Qer Mike Freeman, Chair Weld County Clerk to , e Board 1�, Sean P. Conway, Pro-Tem BY: • \� /J % 1 ��e1)0 -1 De ty Clerk to the B•= • o 4O, ulie A. Cozad APP AS '. •'M: XCUSED arbara Kirkmeyer my A ttorney EXCUSED Steve Moreno Date of signature: I f I/0 �/ 2016-0146 vCI-rJ�615 ' -/P EG0073 MEMORANDUM TO: Clerk to the Board DATE: 1/4/2016 .� Y _../LcoUN FROM: Leon Sievers/Tiffane Johnson RECEIVED Public Works Department JAN 0 5 2016 SUBJECT: Agenda Item WELD COUNTY COMMISSIONERS Possession and Use Agreement with Box Elder Kids,LLC,A Colorado Limited Liability Company for improvements to WCR 49 Corridor. M:1Francie AGENDA memos\Agenda-Leon-1.doc 2016-0146 XO0073 POSSESSION AND USE AGREEMENT lh THIS AGREEMENT is made this I I day ofj ltillat , 201(0, by and between BOX ELDER KIDS, LLC, A COLORADO LIMITED LIABILI COMPANY whose address is 7495 Weld County Road 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,hereinafter referred to as "County". WHEREAS, Owner owns real property described in the attached Exhibit "A" and Exhibit "B"(hereinafter referred to as the"Property"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Property in order to complete said Road Improvement Project, and is need of possession of said Property by December 4, 2015, and the Parties have not yet agreed upon the form of the conveyance or the compensation to be provided to the Owner, and WHEREAS, Owner and County are currently negotiating the purchase and sale of said Property, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project. NOW,THEREFORE,the Parties agree as follows: 1. In consideration of this irrevocable grant of possession, mutual promises and covenants contained herein, provided the Owner accepts this agreement by December 4, 2015 the County will tender the Owner the sum of One Hundred Fifty Six Thousand Sixty Five and no/100 ($156,065.00) dollars. Upon said payment the County shall be entitled to take possession of the Property described in Exhibit b t A for and Exhibitthe beginning December 4, 2015t e purposes described in this Agreement. It is agreed this sum shall be deducted from any final settlement amount, award, or verdict. It is also agreed in the event the ultimate settlement amount, award, or verdict is less than this amount the Owner shall refund the difference to the County. 2. Owner represents that the title to the property is free and clear of all liens and encumbrances,warrants and will defend title thereto against all claims. 3. Owner agrees to grant the Property to County. Page 1 of 3 4181581 Pages: 1 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lid III II 4. This agreement is made with the understanding the County will continue to negotiate in good faith with the Owner to acquire the interest in the property. It is further understood in the event a settlement is not reached within 90 days of the signing of this agreement, such failure will be a confession that the negotiations to acquire the propertied described herein have proved futile. At this point, the County may begin proceedings in eminent domain to acquire title to the property herein described. The County shall not unreasonably delay the commencement of proceedings under the eminent domain law once the time provided for in this paragraph has expired. If the County begins proceedings in eminent domain, it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order is entered by the court, as provided for in C.R.S. 38-1-105(3). If such proceedings are begun, this Possession and Use Agreement shall operate as a stipulation to immediate and continued possession of the Property pursuant to C.R.S. 38-1-105(6). 6. It is agreed by the undersigned, in the event proceedings in eminent domain are begun, the valuation day for determining the amount of just compensation shall be the date on which payment was tendered to the owner, pursuant to paragraph one above. 7. This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind their heirs, executors, administrators, legal representatives, successors, and assigns. 8. This Agreement embodies all of the 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 2 of 3 4181581 Pages: 2 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III��14C4P�K��4#L1�4CEtiMl 'V Ri r��1+I1:��ki�4h �I II IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: BOX ELDER KIDS,LLC,A COLORADO LIMITED LIABILITY COMPANY By: f? /Lc� Title: 44 4`7 j / Date: //L2 4!/ Z c; 6 ATTEST: dailteti W, .,1.1L0:‘,4, BOARD OF COUNTY COMMISSIONERS Weld ty Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to he Board � ``�. ' La�` Mike Freeman, Chair ,ii,' 0' JAN 1 1 2016 1 VIS.4f2�� APPROVED AS TO F D : ',.;,,4�►� � APPROVED AS TO SUBSTANCE: Controller `' r Elected Official or epartme t Head APPROVED AS TO FORM: �'. - e e or Public Works PS el/ti- -, County Attorney Page 3 of 3 4181581 Pages: 3 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO EXHIBIT-A S25-T2N-R65W RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 65 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. 4015164 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 90.00 FEET OF THE EASTERLY 120.00 FEET OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25. SAID PARCEL CONTAINS 237,636.15 sf. OR 5.46 ac. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT OF WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30 FEET OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25. SAID EXISTING RIGHT OF WAY CONTAINS 79,192 sf. OR 1.82 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 4181581 Pages: 4 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS RWD ��a f r1 i WCR 49 CORRIDOR PROJECT ..r BETWEEN 1-76& WCR 18 BOX ELDER KIDS =-'I'r PROJECT NO: SRP-26 SCALE: ,GDUNTY WELD COUNTY,COLORADO J DATE: 11-10-15 DRAWN BY:DRH SHEET: 1 of 2 EXHIBIT-A S25-T2N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. i IT IS INTENDED TO ILLUSTRATE THE ATTACHED i i I NE COR S25-T2N-R65W PROPERTY DESCRIPTION ONLY. i 1 FND 2 1/2" ALUM. CAP ANADARKO STAMPED LS#23520 2002 FT 6OOG 60 II T� 6 (I' T,i, T I NE1/4 S25-T2N-R65W P DORTHY K. I04 GURTLER TRUST (13 ra BOX ELDER KIDS LLC PARCEL# 130725000002 F T2N R RECP.#4015164 s3o- 2N- 64w EXISTING 30' R.O.W. I I BK-83/PG 298 RD BK-10/PG 178 DEC. 8, 1903 I I RD100/469 90' RIGHT OF WAY ACQUIRED 237,636.15 sf. OR 5.46 ac.± \so I I ' IS5 — 90' . II I ' 1 MARTINEZ Ii I DORTHY K. e' GURTLER TRUST — — III E 1/4 C0R S25-T2N-R65W IANELLI I FND 2" ALUM. CAP STAMPED LS#25937 1998 RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION (RWD WCR 49 CORRIDOR PROJECT BETWEEN 1-76&WCR 18 BOX ELDER KIDS I PROJECT NO: SRP-26 SCALE:1"=400' COUNTY T DATE: 11-10-15 DRAWN BY:DRH SHEET: 2 of 2 4181581 Pages: 5 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIII PJEIT,Nr P .Il:k'�kill 0«IwMIKI4h+illi CHUM II EXHIBIT-B S25-T2N-R65W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 65 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. 4015164 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 20.00 FEET OF THE EASTERLY 140.00 FEET OF THE NORTHERLY 50.00 FEET OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25. SAID PARCEL CONTAINS 1,000.10 sf. OR 0.02 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT OF PUBLIC WORKS PERMANENT EASEMENT 1 1 ACQUISITION �pE_� 86 MIN WCR 49 CORRIDOR PROJECT BETWEEN I-76 &WCR 18 BOX ELDER KIDS, LLC I� PROJECT NO: SRP-26 SCALE: ;COUNTY li/CI n(Vlr FAT'E'FATTAJ ('(lr(lD A Tl(1 DATE: 11-10-15 BY: DRH SHEET: 1 of2 4181581 Pages: 6 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��RPM Pill+G EXHIBIT-B S25-T2N-R65W NE S25-T2N-R65W FND ANADARKO STAMPED L' CAP S#2 520 2002 , , 90' I 50' I - - If 2 , c ,. 20' 20'X50' PERMANENT ---lim' I 40' EASEMENT ACQUIRED ' 1 ,000.10 sf. OR 0.02 ac.± I I BOX ELDER KIDS, LLC PARCEL # 130725000002 RECP.# 4015164 30' GURTLER I NWI/4 II S30-T2N-R64W I NE1/4 S25-T2N-R65W rf I I (3 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A ik MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT EASEMENT WELD COUNTY DEPARTMENT 1861 y OF PUBLIC WORKS ACQUISITION PE-5 WCR 49 CORRIDOR PROJECT BETWEEN I-76 &WCR 18 BOX ELDER KIDS, LLC I PROJECT NO: SRP-26 SCALE: 1"=50' coL) NTY -II , DATE: 11-10-15 DRAWN BY:DRH SHEET: 2 of 2 4181581 Pages: 7 of 7 02/17/2016 03:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII KlinK ill Nil WIN,N,MJI,PillIVOL.li Li BIM Hello