HomeMy WebLinkAbout20151641.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC SERVICE
COMPANY EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 47
AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ELIZABETH ANNE
NEWTON TRUST AND JERRY D. CANNON AND JOYCE M. CANNON FAMILY
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 Concerning the Purchase
of Public Service Company Easement for Certain Improvements to County Road 47 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 Elizabeth Anne Newton Trust, P.O. Box
267, Allenspark, Colorado 80510, and Jerry D. Cannon and Joyce M. Cannon Family Trust, 1912
Rue Le Charlene, Rancho Palos Verdes, California 90275, 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 Public Service Company
Easement for Certain Improvements to County Road 47 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 Elizabeth Anne Newton Trust and Jerry D. Cannon and Joyce
M. Cannon Family Trust, 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.
2015-1641
CC: ui (Fe1-r I LS) 17/21 EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC SERVICE COMPANY EASEMENT
FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 47 - ELIZABETH ANNE NEWTON
TRUST AND JERRY D. CANNON AND JOYCE M. CANNON FAMILY 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
•
ATTEST: dial& C '4
rbara Kirkmeye , Chair
Weld County Clerk to the Board
a2) 1 , Mike Freeman, Pro-Tern
BY: COQ 0� •
D ptay Clerk to the Bo: ;;00.11_ 4%.,
/\\ 1 /1_ 4% Se . Co ay
APPROVE S TO FO K 44,, �` a.C
Julie A. ozad
County Attorney `*,
i � , Steve Moreno
Date of signature: �"r'
2015-1641
EG0072
1861 MEMORANDUM
,fir r TO: Clerk to the Board DATE: May 26, 2015
k,OONT-Y
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Agenda Item
RE: WCR 47 Project
Agreement for Purchase of Public Service Company Easement for Certain Improvement to WCR
47 with Elizabeth Anne Newton Trust and Jerry D. Cannon and Joyce M. Cannon Family Trust.
RECEIVED
MAY 272015
WELD COUNTY
^OMMISSIONERS
M Trancie\AGENDA memos\Agenda-Leon-I.doc
2015-1641
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Bridges 3/42A,5/42A, 19/46.5A, 13/54A& Road 15.5/52 PERMANENT FLOOD REPAIR. Project—
Authorization for Contract Award
DEPARTMENT: PUBLIC WORKS DATE: 5/27/2015
Brief description of the problem/issue:
Bids were received and opened on May 7, 2015 for contract services for the construction of EM-BR 3/42A,
5/42A, 19/46.5A, 13/54A&EM 15.5/52 PERMANENT FLOOD REPAIR PROJECT. Four bids were received
for the project and base-bid amounts ranged from $187,564.50 to $423,457, with the lowest bid submitted by
RMC Consulting Inc. from Wheat Ridge, Colorado. Public Works has not worked with this contractor before,
so a careful check of the references was done. All three of the References, City of Loveland, Adams County,
and Boulder County said that RMC did the work, which was similar flood repair work, well and within budget.
City of Loveland, Adams County, and Boulder County, also said that they received a much lower bid from
RMC than other contractors; however, RMC completed all work without requesting any change orders. Public
works has met with the RMC Superintendant at each of the five sites and gone over what is required in detail.
RMC says they are committed to doing all the required work for the amount of'their bid.
This contract will provide for Permanent Repairs (PR)at the remaining five FEMA sites along the Big& Little
Thompson River Corridors. The Little Thompson River sites are Bridge 3/42A, 5/42A & 19/46.5A and the Big
Thompson River sites are Bridge 13/54A&CR 15.5/52. We have obtained Temporary Construction Easements
(TCE's) form each of the adjacent property owners. The TCE's are currently in the process of being provided
for BOCC approval. The construction costs are eligible for reimbursement to Weld County from FEMA.
The RMC bid,as well as the others,have been checked for accuracy. The individual construction items"unit"
costs"appear to be reasonable. It is staffs recommendation to award the project to RMC Consulting Inc. for a
total amount of$187,564.50. This contractor has successfully completed similar work for other local agencies
in the past couple of years.
What options exist for the Board:
1) The Board agrees to have the Bridge 3/42A, 5/42A, 19/46.5A, 13/54A & Road 15.5/52 Permanent Flood
Repair Contract placed on the BOCC agenda for authorization at the next available BOCC meeting,or
2)Ask staff to schedule a work session with the BOCC for further discussion.
The bid tabulation is attached for your information.
Approve Schedule
Recommendation Work Session Comments
Barbara Kirkmeyer, Chair
Mike Freeman
Sean P. Conway
Steve Moreno
l'1
Julie Cozadl"i
AGREEMENT FOR THE PURCHASE OF PUBLIC SERVICE COMPANY EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 471
BETWEEN ELIZABETH ANNE NEWTON TRUST AND JERRY D. CANNON AND
JOYCE M. CANNON FAMILY TRUST AND WELD COUNTY, COLORADO
it
THIS AGREEMENT is made this 0 day of ,2015,by and between Elizabeth
Anne Newton Trust, whose address is PO Box 267, All spark, Colorado 80510, and Jerry D.
Cannon and Joyce M. Cannon Family Trust,whose address is 1912 Rue Le Charlene,Rancho Palos
Verdes, California, 90275, hereinafter referred to as "Owners," 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, Owners own real property described in the attached Exhibit "A" (hereinafter
referred to as "Public Service Easement", and
WHEREAS,County finds it necessary to rebuild and improve Weld County Road 47,which
will involve said road's realignment and construction,(hereinafter referred to as"Road Improvement
Project"), and
WHEREAS, County must acquire said Public Service Easement on behalf of a third party
(Public Service Company of Colorado),in order to allow said third party to relocate its facilities thereby
allowing County to complete said Road Improvement Project, and
WHEREAS, Owners wish to cooperate with County in said Road Improvement Project.
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owners agree to sell to Public Service Company of Colorado and County agrees to
pay for the Public Service Easement, as 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 Thousand and no/100 Dollars,($5,000.00).The parties acknowledge and
agree that said purchase price represents full, fair and valuable consideration.
2. Owners warrant that they are the Owners of the area described in Exhibit A and will
defend title thereto against all claims.
3. Owners agree to grant a Public Service Company Easement to Public Service
Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
II I Falilli iNVIKIIJ KA h11/1 I111RAAMiiiki till
Company of Colorado by execution of a Public Service Easement(a copy of which is
attached hereto), free and clear of all liens and encumbrances, except existing
easements.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. The parties agree that County shall, on behalf of Public Service Company of
Colorado,pay Owners for the Public Service Easement by County warrant at the date
of the transfer of title.
MISCELLANEOUS:
1. Although the date of the transfer of the Public Service Easement shall be the date of
the transfer of title,it is expressly agreed by the parties hereto that upon execution of
this Agreement by County and Owners, County and/or Public Service Company of
Colorado, its contractors, agents, employees and all others deemed necessary by
County shall have the irrevocable right to possess and use said Permanent Easement
for the purposes of relocating Public Service Company power lines and 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 the Public Service Company easement as may be useful and
necessary.
2. This Agreement and the transfer of the Public Service 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 Public Service Company of Colorado 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 or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein,and no oral representation,promise,or consideration different from the terms
herein contained shall be binding on either party, or its agents or employees.
Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 2
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Carly Koppes; Clerk and Recorder; Weld County: CO
EI II I
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 Public Service Company of
Colorado, 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.
7. This Agreement embodies all 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.
8. 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.
ELIZABETH ANNE NEWTON TRUST
By Ge_LLJ ��
Eli eth Anne Newton, Trusted'
JERRY D. CANNON AND JOYCE M. CANNON FAMILY TRUST
BY:�, "'��� v), ,v,,
BY:
Jerry D. Cannon and Joyce M. Cannon, Trustees
Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 3
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21"1
" 113.58k AMd Recoeder, Weld County: CO
Car
aIIl!IIIII*Peiftiilill,Iile#1 061110N+'lilliN1/21i1tJ4r4, /1111
ATTEST: ddrAdi.t) ,4. BOARD OF COUNTY COMMISSIONERS
Weld Co •ty Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Cler to the Bo s L�►` Barbara Kirkme r, Chair
APPROVED AS TO F 442 APPROVED AS SUB TANCE:
aki
Controller - ,r► El ed al or Department Head
APP D AS T �IA
Director of General Services
Count rney
Agmt for Purchase of Perm Easement-Immed Possession Before Transfer Page 4
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Carly Koppes; Clerk and Recorder, Weld County. Co
VIII P1rin Floll L 'liry;W' ,F 'i����Y�3��Kra��'��;�I'i 111111
EXHIBIT-A S23-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SAID PARCEL
BEING A PORTION OF RECORDED EXEMPTION NO.0803-23-1-RE-410 (RE-410) FILED IN THE WELD COUNTY
CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1801535 AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 15.00 FEET OF THE EAST 110.00 FEET.
SAID PARCEL CONTAINS 39,313.58 sf. OR 0.90 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.
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WELD COUNTY,COLORADO 12 C p �J N
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Carly Koppes: Clerk and Recorder; Weld County, CO
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DATE: 2-4-15 DRAWN BY:DRI-I SHEET: 2 of 2
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