HomeMy WebLinkAbout20151642.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE PURCHASE OF A TEMPORARY
CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 5 AND
AUTHORIZE CHAIR TO SIGN - MOUNTAIN PROPERTY IMPROVEMENT, 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 a Agreement for the Purchase of a
Temporary Construction Easement for Improvements to County Road 5, 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 Mountain Property Improvement LLC, 6000 E.
Evans Ave, Suite 2-225, Denver, Colorado. 80222, 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 easement, 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 Temporary Construction Easement for Improvements to County
Road 5, 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 Mountain
Property Improvements be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2015-1642
EG0072
AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 5 — MOUNTAIN PROPERTY IMPROVEMENT, LLC
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, COLORADO
ATTEST: dathoti 115 je:40;i
arbara Kirkmey r, Chair
Weld County Clerk to the Board
I / Mike Freeman, Pro-Tern
BY: I /:_, 1. l �.i
e•r y Clerk to the Bo- d
Sean P. Co way1E,Lz
APPROVE AS TO FORM:
lie Cozad
,86,
County Attorney
Lid ®u ' �-� teve Moreno
Date of signature: N
2015-1642
EG0072
�� L861
1 r]_' = MEMORANDUM
� C N Yp 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 Mountain Property Improvement LLC, WCR 5
Enclosures RECEIVED
RECEIVED
WELD COUNTY WELD COUNTY
COMMISSIONERS COMMISSIONERS
NI.AFrancieAAGENDA memos\Richard White-3.docx
2015-1642
EGoo7a
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(BIII) 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 arc a total of eleven RIETCE'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:
s--•—ritiaaaamClegn Rr Jnhn (incnei/ property adjacent to the CP 15 5157 cite
• 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:
1) 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
Mike Freeman Mr
Sean P. Conway crti
Steve Moreno
Julie Cozad
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 5,
BETWEEN MOUNTAIN PROPERTY IMPROVEMENT LLC AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this 3151day of December,2014, by and between Mountain
Property Improvement LLC, whose address is 6O00 E. Evans Ave., Suite 2-225, Denver, CO
80222 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."
W ITNESSETH:
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 5,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 liens,
encumbrances, easements, restrictions, and other matters of record.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 1
4. This Temporary Construction Easement shall commence on Januaryl, 2015,
and shall expire and be of no further force or effect on January 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, 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.
Owner shall be entitled to use the property subject to the Temporary Construction
Easement for any purpose that does not unreasonably interfere with County's use
thereof.
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.
4. County agrees to indemnify, defend and hold harmless Owner, and its contractors,
agents, employees, invitees, members, and managers from and against any and all
claims, actions, damages, liabilities and expenses, including reasonable attorneys'
and other professional fees(the"Claims")arising from or out of the use or occupancy
Agmt for Purchase of Temp Easement-Possession Following Payment Page 2
of the Temporary Construction Easement by County and its employees,contractors
and agents.
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-BR5-42A WEST, and for its daily
operation, access and maintenance.
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. Notwithstanding the foregoing, County's rights and/or obligations
hereunder shall not be assignable by County without the prior written consent of
Owner.
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.
7. In the event of any litigation between the parties relating to the Temporary
Construction Easement or this Agreement, the prevailing party shall be entitled to
recovers its costs and reasonable expert and attorneys' fees incurred in connection
Agmt for Purchase of Temp Easement-Possession Following Payment Page 3
with such litigation. In the event of a party's default,the non-defaulting party shall
have all remedies authorized under Colorado law, including without limitation
specific performance and injunctive relief. Determination of prevailing party shall
require that such party receives substantially all of the relief sought thereby.
8. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Mountain Property Improvement LLC
By: Le" zlie Allen, Treasurer
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: cifigfir,1 dC�i� 1 'LP A-
da lafeil Ja,;(ie Barbara Kirkme er , Chair
Weld C. 'ty Clerk to the Bo. d ��La JUN Y 81015
BY
Deputy Cle t to the Boa ' tut 1
Agmt for Purchase of Temp Easement-Possession Following Payment Page 5
o2a/T' /& S0..,
IN WITNESS WHEREOF Weld County and hj.ve caused this
agreement to be executed this ��� day of i e I r, _ , 20/5.
APPROVED AS T►. SUBS I ANCE:
El d O ial or Department Head
11lA —
Director of General Services
APPROVED
AS TO FUNDING:
. - JO? 2
Controller
7APP ED AS .
GD'IJ`
Count orney
M V AGREEMENTS\SIGNATURE BLOCKS-SEPARATE PAGE&CHAIR ONLY\ScparateSta(lPage-SignatureBlock.docx
EXHIBIT
� A
TEMPORARY CONSTRUCTION EASEMENT
EM-BR5-42A WEST
SHEET 1 OF 2
PARCEL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20,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,313.35 FEET,DISTANT SOUTH 1,018 45 FEET
FROM THE SOUTH 10 CORNER OF SECTIONS 20 AND 21;
THENCE,DEPARTING SAID EAST LINE WEST,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 20,250.00 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 250.00 FEET;
THENCE,ON A DEFLECTION ANGLE OF 90 DEGREES TO THE LEFT 25.00 FEET TO THE POINT
OF BEGINNING.
PARCEL CONTAINS 6,250 SQUARE FEET,0.14 ACRES(MORE OR LESS.
NOTE: 0.06 ACRES+1-OF THE DESCRIBED PARCEL LIES NORTH OF THE APPROXIMATE .
PROPERTY LINE AS SHOWN HEREON. THAT PORTION OF LAND BEING OWNED BY BARBORA
SHAAL.
0.08 ACRES i-/-OF THE DESCRIBED PARCEL LIES SOUTH OF THE APPROXIMATE
PROPERTY LINE AS SHOWN HEREON. THAT PORTION OF LAND BEING OWNED BY MOUNTAIN
PROPERTY IMPROVEMENT LLC. oRApo
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WILLIAM R.LYON,P.L.S.3f3410 �� O
FOR AND ON BEHALF OF BOHANNAN-HUSTON,INC. '�f ?-'.
PROJ.20140320 1+E\\q��I�.N9 S\
BohannanA Huston TEMP. CONSTRUCTION
EASEMENT
Meridian One 9785 Maroon C1rcie,Suite 140 A PARCEL OF LAND SITUATED IN THE
Englewood,CO 80112(303)799-5103
SOUTHEAST ONE-QUARTER OF SECTION 20,
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Meridian One 0785 Maroon Circle,Suite 140 EASEMENT
Englewood,CO80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE
SOUTHEAST ONE-QUARTER OF SECTION 20,
ENGINEERING A SPATIAL DATA + ADVANCED TECHNOLOGIES
T4N,R68W, 6TH P.M.,COUNTY OF WELD,
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Agmt for Purchase of Temp Easement-Possession Following Payment Page 7
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