HomeMy WebLinkAbout20151646.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 3 AND
AUTHORIZE CHAIR TO SIGN - GENE F. PIZZATO 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
9
Temporary Construction Easement for Certain Improvements to County Road 3, 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 the Gene F. Pizzato Trust, 8067 N Via
Palma, Scottsdale, AZ 85258, commencing January 1, 2015, and ending January 1, 2016, or the
completion of said project, whichever is earlier, 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 3, 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 Gene F. Pizzato Trust be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2015-1646
C : 4R./gw) (/
�.' EG0072
AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 3 - GENE F. PIZZATO 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 June, A.D., 2015, nunc pro tunc January 1, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
ATTEST: ddtifte6) �,,��,,//�C.�1o;�,� arbara Kirkmey , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY: 0../(16216—) Q .t li
ItIty Clerk to the B red.!"��►,` �- �!
1,5‘ Sean P. Conway
APPROVED AS TO FOR is�� :
IaJulie A. Cozad
County Attorney •`®
Date of signature:
to ` Steve Moreno
2015-1646
EG0072
RECEIVED
�ra6'G✓� WELD COUNTY
MEMORANDUMCOMMISSIONERS J�
C N Y�� TO: Clerk to the Board DATE: May 12, 2015
FROM: Richard White, Public Works Department
SUBJECT: BOCC Agenda Item
RE: Thompson River Corridor Flood Recovery Projects — Agreement for Purchase of
Temporary Construction Easement with Gene F. Pizzato Trust, WCR 3
Enclosures RECEIVED
'3
WELD COUNTY
COMMISSIONERS
M TrancieAAGENDA memos\Richard White-5 docx
4
2015-1646
LG cc5
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Thompson River Corridor Flood Recovery Projects—Temporary Construction Easements
DEPARTMENT: PUBLIC WORKS DATE: 5/5/2015
Brief description of the problem/issue:
Public Works has been working with an Engineering Consulting Firm (BHI) to put together plans and bid
documents for Permanent Repairs(PR)at the remaining five FEMA sites along the Big& Little Thompson
River Corridors. The Little Thompson River sites are Bridges 3/42A, 5/42A& 19/46.5A and the Big
Thompson River sites are Bridge 13/54A& CR 15.5/52. Part of the consultants work includes acquiring
Temporary Construction Easements (TCE's) from the owners of properties adjacent to the five flood recovery
sites. There are a total of elevenQrI$TCE's needed for this flood recovery project. All of the TCE's have been
signed and are ready for BOCC approval. The associated cost of each of the TCE's is $500.00 each. Upon
BOCC approval, Public Works will begin mailing the checks to the following property owners:
f gi__s^- naan .G John rpcnpy property pdjaceot to trip CR 1 5 515O cite as
• Barbara Schaal, property adjacent to the bridge 3/42A& bridge 5/42A sites.
• Max Schaal, property adjacent to the bridge 3/42A site.
• Binder Family Farms, 2 properties adjacent to the bridge 19/46.5A site.
• Mountain Property LLC, 2 properties adjacent to the bridge 5/42A site.
• Gene Pizzato, property adjacent to the bridge 3/42A site.
• Miriam& Steven Smith, property adjacent to the bridge 5/42A site.
No TCE's are needed for the bridge 13/54A site because the County has already acquired sufficient additional
ROW at this site for the work to be done.
Bid documents for permanent repairs of the remaining five FEMA sites have been posted on the Rocky
Mountain Procurement site. Bids are due May 7`h, 2015. The County will hire a contractor to return these sites
to pre-flood conditions. We would like to process the TCE's at this time so that the property owners will
receive their checks just prior to the beginning of the construction. The cost of the TCE's, as well as design and
construction costs, are eligible for reimbursement to WC from FEMA.
What options exist for the Board:
I) The Board agrees to put the TCE's on the agenda for authorization, or
2) Ask staff to schedule a work session with the BOCC for further discussion.
Approve Schedule
Recommendation Work Session Comments
Barbara Kirkmeyer, Chair \\/„..,
1 I',
Mike Freeman Nr
Sean P. Conway
Steve Moreno
Julie Cozad
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 3,
BETWEEN GENE F. PIZZATO TRUST AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this I7' day of JAsLAzy,2015,by and between Gene F.
Pizzato Trust, whose address is 8067 N. Via Palma, Scottsdale, AZ 85258, 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 3, 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,
store or repair, 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 Five Hundred and no/100
Dollars, ($500.00). 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.
4. This Temporary Construction Easement shall commence on January1,2015,
and shall expire and be of no further force or effect on January 1, 2016,or upon the
Agmt for Purchase of Temp Easement-Possession Following Payment Page 1
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 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.
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. 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.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 2
MISCELLANEOUS:
1. Following the payment by County to Owner for this transfer,it is expressly agreed by
the parties hereto that County, its contractors, agents, employees and all others
deemed necessary by County shall have the temporary irrevocable right to possess
and use the Temporary Construction Easement for the purposes of constructing the
Road Improvement Project and Bridge EM-BR3-42A WEST, 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 maybe useful and necessary.
2. Phis 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. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
4. 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.
5. 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.
6. 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.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 3
7. 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.
Gene F. Pizzato Trust
�j/7 ZrZ eLri.a&
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
C1 (d r,..�_�� XSarbara Kirkm yer , Cha/r JUN 0 g 2015
fldj �C�eo ���
We1dC'4uty Clerk to the B.ird sfj,a
BY
Deputy Cle to the Board lul
Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
020/- /6 16'
IN WITNESS WHEREOF, Weld County and have caused this
agreement to be executed this aO day of M of , 2015.
APPR VED AS TO ANCE:
F J
El ct O i *al or Department Head
NIA
Director of General Services
APPROVED AS TO FUNDING:
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Controller
APIED AS T
Count rney
M.AAGREEMENTS\SIGNATURE BLOCKS-SEPARATE PAGE&CHAIR ONLY\SeparareStaltWage-SignatureBlock docx
TEMPORARY CONSTRUCTION EASEMENT
EM-BR3-42A WEST
SHEET 1 OF 2 EXHIBIT
PARCEL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 19,
TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION;
THENCE, NORTH ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION, 205.75 FEET, DISTANT SOUTH 1,112.60
FEET FROM THE SOUTH 1s CORNER OF SECTIONS 19 AND 20;
THENCE, DEPARTING SAID EAST LINE, WEST AND PERPENDICULAR TO SAID EAST LINE
30.00 FEET TO THE POINT OF BEGINNING.
THENCE, NORTH, PARALLEL WITH THE SAID EAST LINE OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 19, 200.00 FEET;
THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE LEFT 25.00 FEET;
THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE LEFT 200.00 FEET;
THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE LEFT 25.00 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 5,000 SQUARE FEET, 0.11 ACRES (MORE OR LESS).
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WILLIAM R. LYON, P.L.S. 38410 ,/` � J �i
FOR
AND O0320 BEHALF OF BOHANNAN-HUSTON, INC. �� \/�1\ `Lp���-
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BohannanHuston TEMP. CONSTRUCTION
EASEMENT
Meridian One 9785 Maroon Circle,Suite 140
Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE
SOUTHEAST ONE-QUARTER OF SECTION 19,
ENGINEERING • SPATIAL DATA • ADVANCED TECHNOLOGIES T4N, R68W, 6TH P.M., COUNTY OF WELD,
IRIS MATERIAL AND ANY ASSOCIATED ELECTRONIC SHEA WAS PREPARED EY 90NAXMAN HUSTON.INC.ION THE PROJECT STATE OF COLORADO
INDICATED.ANY PAUSE OR MODIFICATION wnNDN NE%RHIEx CONSENT M BOHANNAN HUSTON,INC.SHALL GE AT THE SOIL
DISK Of ORE USER.
TEMPORARY CONSTRUCTION
EASEMENT EXHIBIT
EM-BR3-42A WEST
SHEET 2 OF 2
SOUTH 1s CORNER SECTIONS 19&20
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SOUTHEAST CORNER SECTION 19
P.O.C.---7A-.
BohannanHuston TEMP. CONSTRUCTION
Meridian One 9785 Maroon Circle,Suite 140 EASEMENT
Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE
SOUTHEAST ONE-QUARTER OF SECTION 19,
ENGINEERING A SPATIAL DATA • ADVANCED TECHNOLOGIES
T4N, R6SW, 6TH P.M., COUNTY OF WELD,
SET Y4i[AAL AND ANY ASSOCIATED ELECTRONIC DATA WAS PREPARED BY MM ANDAN HUSTON,INC.FOR THE rOCECT STATE OF COLORADO
EDICETED.ANY REUSE OR uM WHIM 1NE WRITTEN CONSENT OF PSHM*EAE HUSTON,INC.SHALL RE AT THE SOLE
OK OF THE USER. '
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