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Home My WebLink About20162915.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 50.5/39-A BRIDGE IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BRIAN LAW AND STACEY FAST 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 Easement for Certain Improvements to County Road 50.5/39-A Bridge Improvements 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 Brian Law and Stacey Fast, 19532 County Road 50.5, LaSalle, Colorado 80645, 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 Easement for Certain Improvements to County Road 50.5/39-A Bridge Improvements 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 Brian Law and Stacey Fast 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. /0-/9-/� 2016-2915 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 50.5/39-A BRIDGE IMPROVEMENTS PROJECT - BRIAN LAW AND STACEY FAST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST atiL JCS' Weld County Clerk to the Board BY: a' • eputy Clerk to the Boar G PPk E unty Attorney Date of signature: 1d/.t3/ I Mike Freeman, Chair Sean P. Conway, Pro-Tem rbara Kirkmey Steve Moreno 2016-2915 EG0073 ,or)4racY 77o MEMORANDUM TO: Clerk to the Board DATE: August 26, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Item for BOCC Agenda RE: WCR 50.5/39-A Bridge Project Agreement for Purchase of Temporary Construction Easement with Brian Law and Stacey Fast. ki'i ranrne A(iEN1)A mcna..AAgcnda- Citfiiny doc 2016-2915 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO THE WELD COUNTY ROAD 50.5/39-A BRIDGE IMPROVEMENT PROJECT BETWEEN BRIAN LAW AND STACEY FAST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this `f day of 1}`, 2016, by and between Brian Law and Stacey fast, whose address is 19532 Weld County oad 50.5, LaSalle, Colorado, 80645, 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 the existing Weld County Road 50.5/39-A Bridge, which will involve said road construction, (hereinafter referred to as -Bridge Improvement Project"), and WI IEREAS, County will need said Temporary Construction Easement in order to construct or store material which is required in conjunction with the Bridge Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Bridge 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 the sum of One Thousand One Hundred Seventy Dollars and no/100 Dollars, ($1,170.00). The parties acknowledge and agree that said purchase price represents full, fair 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. Agmt for Purchase of Temp Easement-immed Possession Page l of 6 10 4245085 4/2016 12:28 PM R 1 Fee:$0.00 $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 ��M r �I�G�'I�I�I�hy k1/211Fritlilli II III 4. This temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on August 10, 2018, or upon the completion of the Bridge Improvement Project, 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 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. 9. Owner shall meet with County and provide location information related to the existing leach field located between existing residence and County Road 50.5 and if necessary, coordinate installation of construction fencing around the septic system to protect it during construction. 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(s) at the date of closing. 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. Agmt for Purchase of Temp Easement-Immed Possession Page 4245085 Pages: 2 of 6 10/14/2016 12:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 4. County shall pay One Thousand Five Hundred Twenty One Dollars ($1,521.00) to the Owner for the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before August 10, 2016. If the agreement is not signed and returned on or before August 10, 2016 the County shall maintain its current offer of Fair Market Value of One Thousand One Hundred Seventy Dollars and no/100 Dollars ($1,170.00) for the Temporary Construction Easement by County warrant(s) at the date of closing. 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 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 transfer of the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit ofand 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 Agmt for Purchase of Cemp Easement-Immed Possession Pare 3 4245085 Pages: 3 of 6 10/14/2016 12:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I��I �Pk'��1 '4 ��II i��fit1��41�I�W W�h 11111 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. 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. Landowners: By: ATT ST: Weld C. .,t. Clerk to the Beard BY: Deputy CIk to the Bo By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ichael Freeman, Chair 4 soLz 1/42 outA SEP 1 9 2016 Agmt for Purchase of Temp Easement-Immed Possession Page 4 4245085 Pages: 4 of 6 10/14/2016 12:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 l��.r�i�lk�I CI � �� II �Nr I' i' ��kT ICI' i1 11111 EXHIBIT -A SE I/4 S32-T5N-R65W PARCEL DESCRIPTION TEMPORARY EASEMEN T A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THOSE DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3726700 AND RECEPTION NO. 4003937 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTHERLY LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 32 AS BEARING SOUTH 89'26'20" WEST A DISTANCE OF 2653.77 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID NORTHERLY LINE SOUTH 89'26'20" WEST TO A POINT ON THE EASTERLY LINE OF SAID PARCEL A DISTANCE OF 2282.36 FEET AND BEING THE POINT OF BEGINNING THENCE SOUTH 27'43'35" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 67.07 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 60'33'41" WEST TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32 A DISTANCE OF 118.11 FEET; THENCE NORTH 89'26'20" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 134.07 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,958.92 sf. OR 0.09 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES OJ PLS 38213 38213 lit LANE 0 TEMPORARY EASEMENT ACQUISITION LAW -FAST BRIDGE 50.5-;9A VvFLI)(AWN "Il CO(()RADO 4245085 Pages: 5 of 6 10/14/2016 12:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO BR -I12 SCALE: lielaummomummumemm _ DA' E 7.06-15 DRAWN 8'*" DRH SHEET 1 oft EXHIBIT -A SE I/4 S32-T5N-R65W WESTERN EQJ'PinnE'NT &i? NC C-1/4 COR. S32-T5N-R65W 2 1/2" A.C. STAMPED INTERMILL LS#12374 1999 oM N89'2 34.07' WCR 50. 5 N60'33' 41"W 118.11' BRIAN W. LAW & STACEY L. FAST PARC.#096132000041 RECP.#3726700 & RECP. #4003937 TEMPORARY EASEMENT ACQUISITION LAW -FAST BRIDGE 50.5-39A WELD COUNTY. COLORADO 4245085 Pages: 6 of 6 10/14/2016 12:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ikrIn U iMID ilk 1111 P.O.C. E-1/4 COR. S32-T5N-R65W 3 1/4" A.C. STAMPED ALLES LS#9644 1998 S89'26. 2O"W 2653.77' BASIS OF BEARINGS 589'26'2O"W 2282.36 827'43'35"W 67.07' TEMPORARY EASEMENT ACQUIRED 3,958.92 sf.± OR 0.09 ac.± 3UDE.RUS 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. 0 u T_Y immemesermomeme _ WELD COUNTY DEPARTMENT OF PUBLIC WORKS 50.5-39A BRIDGE PROJECT PROJECT NO: BR -I12 DATE: 7-06-15 SHEET 2 oft DRAWN BY: DRH SCALE: l"=60 Hello