The URL can be used to link to this page

Browse Search

Home My WebLink About20154068.tiff RESOLUTION RE : APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 27 AND AUTHORIZE CHAIR TO SIGN - JHAT, 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 JHAT , LLC , 37301 County Road 27 , Eaton , Colorado 80504 , 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 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 JHAT , 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 W D COUNTY , C L ADO ch ATTEST : if rbara Kirkmeyer, Chair Weld County Clerk to the Board mdl .\ i . / 4; ike Freeman , Pro-Tem BY . ,� . ?IA ' I I� Ne De Auty Clerk to the Boar '; USED �� ''•_'';. e : P . Conway :4 Aid • 411 711-O D A ��rn FORM : r `46 00 _,itasa .n . fie A. Cozad / � ''� Count Attorney Steve Moreno Date of signature : �a ik, CPU) 14/gor 2015-4068 EO0072 • `, \ 1861 ‘141% 1144// MEMORANDUM 'sett\ nv _ _,/,) TO : Clerk to the Board DATE : 12/22/2015seed FROM : Leon Sievers/Tiffane Johnson Public Works Department SUBJECT : Agenda Item I Agreement or the Purchase of Temporary Construction Easement for Certain Improvements to WCR 27 with JHAT LLC . RECEIVED DEC 2 3 2015 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Leon- 1 .doc 2015-4068 lib ilk MOP aMOMMEMEMOMMOMMi gift deb AMMIllikide 41 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 27, BETWEEN JHAT LLC AND WELD COUNTY, COLORADO Taki THIS AGREEMENT is made this 31y of 46,44,- 201 , ), by and between JHAT LLC whose address is 37301 County Road 27, Eaton, Colorado, 805 504 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 ' 0 ' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: 0 0 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 construct, store material and temporarily detour traffic 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 Two Thousand Six Hundred and One Dollars, ($2,601 . 000). 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 , 2016, 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, Agmt for Purchase of Temp Easement-Immed Possession Page 1 4170076 Pages : 1 of 7 01 /04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO 1 I II Fa' 11 II r /II Itll� �L�1�1 ,IIII /� 4a6ii141'1111h 1I Rif:AVPC 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. 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. 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 Four Hundred Dollars ($400.00) for fencing. 5 . 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. 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 Agmt for Purchase of Temp Easement-Immed Possession Page 2 4170076 Pages : 2 of 7 01 / 04 / 2016 12 : 49 PM R cords 0 Wed County , CO liii Y Ko ppes Clerk 1 d R pillion: 1o Imo ,I 111 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 4170076 Pages : 3 of 7 01 / 04 /2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO IVA h ' L4, 11111 t IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: JITAT LLC ., By: -� nature • By: . O rolvt Printed Name , Title n . � • yr ATTEST: C • ,�; ' - ' ► � OARD OF COUNTY COMMISSIONERS Weld C • Clerk to the ! . ar ''#;fix,- �. � ELD COUNTY, CO ORADO byL ; � l • • Y 1 , \ BY: ♦ �, �� ;� . / Deputy Cler to the Bo . J : arbara Kirkmeye , Chair p • _ � p 2415 , A ��. . , � DEC APPROVED AS TO FUNDING : APPROVED AS TO SUBSTANCE : 1/4( rl Yea/mat ..„ Controller Elected APPROVED AS TO FORM : fMfA Director of General Services ed/tea. _ County Attorney Agmt for Purchase of Temp Easement-Immed Possession Page 4 4170076 Pages : 4 of 7 01 / 04 / 2016 12 : 49 PMd Recorder ,Fe : $0 . 0 dSW y , COCarly Koppes , I I ,III III WilliiMitriegilVIKIANIVIIIIIMP51161, ave, D/o 1r - JHAT LLC } TS r ' PARCEL # 07073000006 fc /St . , „ u, e is.�.k �VI z�1 Air RECP . # 4037639 ,. 4 -OT�- A AM RE - 1 ' 2 � y ^ , ,' < n __ vl n ! _. Ali, n. x ♦ MF.. V .A6e)frysta...... r F ASS r IIPIIIIIII All T T O TEM PO RA RY � � � � � � � ♦ � � 4 Off_ I EASEMENV: *•�� 4, .4,41).... � � #... ,_ Ill1 0 . 33 ac . ., I . , - 1 • JI Y✓' . .» /yam . t y _ '�,� y . 1::- n ,' *IS • 1-41.-t." ..... "4 : ,‘ . .4. ', A • ,..4 4. IIIII.S. 4 , --. .sar, ---'4‘- -, ` ,, . . ea . ' _ 40 '16 I 4lailiklei ♦ � � tic � y �, '~ • w * - �4 Pill` .4Liavo. . :*.= , % 00u .,.: aft alfThilpistift I IP ^mar _A Imisjiiiit w FE . /it .v.. �', w v ailliNkik b. • •.• f p�. .., ,a , 4 lit «. I `■■ 4, JP ` A , at1 - r J/^ MtT ROLL : 0 tIIII .i. i. - A • .. a'{ t im -; at - % $ • I 4N i , 4'�♦- 'a I' to _� '�' 1.4.�t1r 11� " e. R EL , :- a . .0:- 4 0T A IA, er 4. fl se • • .. • " 4. 6 it a - Ht Ilk ,, . _ ,g, a _4 4 ir • o , ,, ti A •it vw, ,%M 'Imi*Ay . 4 I ° 1 < 5 ^• 1 HP Ti ffi xl P u ," 'e ?• uT ORIISQ► PROPERTIES LLC — - " , / 0 +. .: Y r In A N„ I i„ • 3 • w y� aaw • )iiit - ' 4170076 Pages : 5 of 7 . 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 0@ C. w Carly Koppes , Clerk and Recorder , Weld County , CO III NiirdRill : I'lirf'G4 i ll 'I'tI1 ! L!?I'1lW 'üiy 1111 EXHIBIT - SE 1 / 4 S30 - T7N - R66W PARCEL DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND , LOCATED IN THE NORTH - 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- A OF AMENDED RECORDED EXEMPTION NO . AMRE- 1192 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2693795 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH - HALF OF THE SOUTHEAST ONE- QUARTER OF SECTION 30, TOWNSHIP 7 NORTH , RANGE 66 WEST, 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 SAID EASTERLY LINE NORTH 00'57' 23" EAST TO A POINT ON THE SOUTHERLY LINE OF M SAID AMRE- 1192 A DISTANCE OF 184. 33 FEET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 75'58' 34" WEST TO A POINT ON THE WESTERLY RIGHT- OF- WAY OF WELD COUNTY ROAD 27 A DISTANCE OF 31 . 06 FEET AND BEING THE POINT OF BEGINNING . THENCE DEPARTING SAID RIGHT- OF- WAY SOUTH 75'58' 34" WEST CONTINUING ALONG THE SOUTHERLY LINE OF SAID AMRE- 1192 A DISTANCE OF 56 . 52 FEET; THENCE SOUTH 60'39 ' 36 " WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 150. 03 FEET; THENCE NORTH 29 '26 ' 03" EAST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 196 . 72 FEET; 0 THENCE SOUTH 89 '38' 02" EAST TO A POINT ON THE WESTERLY RIGHT- OF- WAY LINE OF WELD COUNTY ROAD 27 A DISTANCE OF 90. 34 FEET; THENCE SOUTH 00'57' 23" WEST ALONG SAID RIGHT- OF- WAY A DISTANCE OF 83. 55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 14, 337. 58 sf. OR 0. 33 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 4170076 Pages : 6 of 7 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO IH 11,%117, IN 1 ' irk hi Via W T I ini III Ws; WELD COUNTY DEPARTMENT TEMPORARY EASEMENT OF PUBLIC WORKS ACQUISITION attark. .. 27-76A BRIDGE PROJECT JHAT LLC J r PROJECT NO : BR- 120 SCALE : BRIDGE 27-76A �C 0 U I�1 T WELD COUNTY, COLORADO DATE : 11 - 10- 15 DRAWN BY : DRH SHEET : 1 of 2 , EXHIBIT - SE 1 / 4 S30 - T7N -R66W I litlJHAT LLC I E- 1 /4 COR . PARC . # 070730000067 I s I S30 -T7N - R66W 3 1 /4" A. C . STAMPED RECP . # 4037639 60 ' LS# 16425 2000 LOT A AM RE 1192 SE 1/4 S30- T7N-R66W RECP . # 2693795 I I I I L5 P TEMPORARY EASEMENT ACQUIRED 14, 337 . 58 sf. f OR 0 . 33 ac . ± CITY OF THORNTON I L6 I CD (35 L4 0 L1 o I ID L2 x 2 I L3 I o E 0 CC CO m- LINE TABLE :is cm LINE BEARING DISTANCE I w Pi I L1 S75'58 ' 34" W 31 . 06 ' ROTHARMEL I L2 S75'58' 34" W 56 . 52' I �,,, '' cm L3 S60'39 ' 36 " W 150. 03' co L4 N29 '26 ' 03" E 196 . 72' N P . O . C . L5 S89 '38' 02"E 9O. 34' S - 1 / 16 COR . HOLLAR L6 S00'57' 23" W 83 . 55' I I S30 -T7N - R66W i I 2 " A. C . STAMPED y PLS# 10855 1992 iigAz___ ___z E I I I I I :ID i IN) MORRISON PROPERTIES LLC SE COR . S3O -T7N - R66W i I 2 1 /2 " A. C . STAMPED NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT LS#36013 2013 A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS ILLepism StlistrHect 27-76A BRIDGE PROJECT JHAT LLC PROJECT NO : BR- 120 SCALE : 1 "=60 BRIDGE 27-76A ■ t T T' V T • l\ !\T Tl T MIL.T ri r. . n T • n - „_ COUNTY � - -� 4170076 Pages : 7 of 7 mr...., DATE : 11 - 10- 15 DRAWN BY: DRH SHEET : 2 of 2 01 / 04 / 2016 12 : 49 PM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO 4 Eill FM,II:11 7 V10 Ilil1P 'iP 'HMI Hello