HomeMy WebLinkAbout20154069.tiff RESOLUTION
RE : APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 27 AND
AUTHORIZE CHAIR TO SIGN - MORRISON PROPERTIES , 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 an Agreement for the Purchase of
Temporary Construction Easement for Certain Improvements to County Road 27 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 Morrison Properties , LLC , 37095
County Road 27 , Eaton , Colorado 80651 , commencing December 30 , 2015 , and ending April 1 ,
2016 , 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 Agreement for the Purchase of Temporary Construction Easement for
Certain Improvements to County Road 27 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 Morrison Properties , LLC , be , and hereby is , 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 30th day of December, A . D . , 2015 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , C ORADO
ATTEST : ' salient) sidtp ;zA AIWA,
arbara Kirkmeye , Chair
Weld County Clerk to the Board
E4osikeN, Freeman Pro-Tem
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tjutyCIerktothe Boa .f �= ea ' USED
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1861 .. ... ` sn P . Conway�,
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APP ED AS : r . .
1 lie A. Cozad
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./ , , Steve Moreno
Date of signature : 02v I1 Cs'
C & l
1 C 2015-4069
EO0072
MEMORANDUM
J.) TO : Clerk to the Board DATE : 12/22/2015
V2-„CC u -N T Y
's<
FROM : Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT : Agenda Item
Agreement or the Purchase of Temporary Construction Easement for Certain Improvements to
WCR 27 with Morrison Properties LLC .
RECEIVED
DEC 2 3 2015
WELD COUNTY
COMMISSIONERS
M:Wrancie\AGENDA memos\Agenda-Leon- 1 .doc
2015-4069
A
s
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 27,
BETWEEN MORRISION PROPERTIES LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 301 day ofbutsitat, 2015 , b and between Morrision
by
Properties, LLC, whose address is 37095 County Road 27, Eaton, Weld County, Colorado, 80651 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 27, 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 temporarily detour
traffic, construct and store material 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 the sum of Three Hundred and no/ 100 Dollars, ($300.00). 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 clearofall
liens, encumbrances or other possessory claims, except existing easements.
4 . This Temporary Construction Easement shall commence on November 6, 2015, and shall
expire and be of no further force or effect on April 1 , 201‘56 or upon the completion of the
Road 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
Agmt for Purchase of Temp Easement-Immed Possession Page 1
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Carly Koppes , Clerk and Recorder , Weld County , CO
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 remove the temporary fence.
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 thirty (30) days of County' s execution of this Agreement.
I
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.
4. County shall reimburse the Owner the sum of Three Thousand Six Hundred and Forty
Dollars ($3 ,640.00) for the replacement of the pipe fence to be removed by the county for
the construction of the project.
5 . County shall remove the existing pipe fence within the area described in Exhibit A and
shall stockpile the fence material in a location agreeable to the landowner.
6. County shall install a temporary four-strand smooth wire fence during the construction of the
Road Improvement Project. The temporary fence shall be capable of keeping horses and
livestock contained.
7. County, as a condition of the granting of Temporary Construction Easement
covenants and agrees to restore the property described in Exhibit "A" to a level
comparable to its original condition and reseed the disturbed area with a grassland
mix.
Agmt for Purchase of Temp Easement-Immed Possession Page 2
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Carly Koppel , Clerk and IR
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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 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.
Agmt for Purchase of Temp Easement-Immed Possession Page 3
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Carly Koppes , Clerk and Recorder , Weld County , CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
OWNER: Morrison Properties, LLC
• Ytt)z_ 0,�Ey. By:
Mark H. Morrison itiq
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ATTEST: i , it; : OARD OF COUNTY COMMISSIONERS
ia
Weld County, lerk to the . ► : : t' = ELD COUNTY, COLORADO
, seibl�
BY : /. _ . . takeadat. I irj
Deputy Clete ) to the Boa �+ rep F • \ / /ñbara Kirkme er, airp �' �� . � y 0t5
r '' DEC 3 0 2
APPROVED AS TO FUNDING : APPROVED AS TO SUBSTANCE:'--4-0,a4-611e9 7)
Controller Elected Official or Depart , ft '
APPROVED AS TO FORM : S / Pt -
( ett
Director of General Services
prAezAwaAsts.
County Attorney
Agmt for Purchase of Temp Easement-Immed Possession Page 4
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Carly Koppes , Clerk and Recorder , Weld County , CO 1°6
gahrs-
EIXFITBJT - A SE 1 /4 S30 - T7N - R66W
PARCEL DESCRIPTION
TEMPORARY EASEMENT
A PARCEL OF LAND , LOCATED IN THE SOUTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SECTION 30,
TOWNSHIP 7 NORTH , RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD , STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF LOT- B OF RECORDED EXEMPTION NO. RE- 2017 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2558592 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENC NG AT THE NORTHEAST CORNER OF THE SOUTH - HALF OF THE SOUTHEAST ONE- QUARTER OF
■I SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID
BEARING OF THE EASTERLY LINE OF THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SAID
SECTION 30 AS BEARING NORTH 00'57'23" EAST A DISTANCE OF 1336. 21 FEET TO THE EAST
ONE- QUARTER CORNER OF SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST ALSO DESCRIBED AS
SHOWN ;
THENCE ALONG THE NORTHERLY LINE OF THE SOUTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SAID
SECTION 30 SOUTH 8824' 43" WEST TO A POINT ON THE WESTERLY RIGHT- OF- WAY OF WELD COUNTY
ROAD 27 A DISTANCE OF 30. 03 FEET AND BEING THE POINT OF BEGINNING.
THENCE SOUTH 00'56'59 " WEST ALONG SAID RIGHT- OF- WAY LINE A DISTANCE OF 61 . 59 FEET;
THENCE DEPARTING SAID RIGHT- OF- WAY LINE NORTH 29 '02' 49 " WEST TO A POINT ON THE NORTHERLY
LINE OF THE SOUTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 30 A DISTANCE OF 69 . 34
FEET;
THENCE NORTH 8824' 43" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 34. 70 FEET TO THE POINT
OF BEGINNING.
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SAID PARCEL CONTAINS 1 , 067. 41 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
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Carly Koppes , Clerk and Recorder , Weld County , CO
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WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT
OF PUBLIC WORKS
ACQUISITION fiF
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// k} 27-76A
1 y
-� BRIDGE PROJECT
MORRISON 1
--F) PROJECT NO : BR- 120 SCALE :
BRIDGE 27-76A G D I N T Y "
WELD COUNTY, COLORADO DATE : 7-08- 15 DRAWN BY : DRH SHEET : 1 of 2
E XFTIBIT - A SE 1 /4 S30 -T7N -R66W
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO ILLUSTRATE THEI;F-wm4I -E- 1 /4 COR .
ATTACHED PROPERTY DESCRIPTION ONLY. S3O -T7N - R66W
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3 1 /4" A. C . STAMPED
I 60 ' I LS# 16425 2000
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LINE TABLE .SHAT LLC -11 o CITY OF THORNTON
LINE BEARING DISTANCE °D
L1 58824' 43" W 30. 03' 7o I
L2 SOO'56 '59 " W 61 . 59' I z
L3 N29 '02' 49 " W 69. 34' (
L4 N8824' 43" E 34. 70' If_ 0
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TEMPORARY EASEMENT ACQUIRED P . O. B . 2 " A. C . STAMPED
1 , 067 . 41 sf. ± OR 0 . 02 ac . ± I PLS# 10855 1992
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PARC . # 070730400057
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RECP . # 4039412 S30 -T7N - R66W
. ' -S 1 _ _ I 1 2 1 /2 " A. C . STAMPED
530- 77N-R66141� LOT B RE 2017 � LS 36013 2013 wrzy
RECP # 2558592
,,� WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT Vas; OF PUBLIC WORKS
ACQUISITION Ft
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-- - � N T Y PROJECT NO : BR- 120 SCALE : 1 "=60
BRIDGE 27-76A
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DATE : 7-08- 15 DRAWN BY : DRH SHEET : 2 of 2
4170077 Pages : 6 of 7 immEmmommmmimmr
01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County , CO
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4170077 Pages : 7 of 7
01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00
Carly Koppes ; Clerk and Recorder , Weld County CO
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