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HomeMy WebLinkAbout20150186.tiff RESOLUTION RE: APPROVE SETTLEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CITY AND COUNTY OF BROOMFIELD 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 Settlement Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City and County of Broomfield, with further terms and conditions being as stated in said Settlement Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Settlement 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 Settlement Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City and County of Broomfield be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Settlement Agreement. BE IT FURTHER RESOLVED by the Board that the Controller shall cause payment to be made in accordance said Settlement Agreement after full execution by all parties. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of January, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST.ddagetiV jek;e1 arbara Kirkmeyer Chair Weld County Clerk to the Board -m ()( /1 Mike Freeman, Pro-Tem BY: .qty Clerk to the :oard ,C I L % P C•,'way tc1tjø! ; ' APPRS TO FORM: � it6l ad County Attorney / , NI Steve Moreno Date of signature: 0,f1tr ab Choalc> 'i 2015-01 86 at' CA0015 t SETTLEMENT AGREEMENT THIS- SETTLEMENT AGREEMENT, made and entered into this day of AIl((,agiv , 201_57 by and between the County of Weld (hereinafter referred to as "Weld County"), and the City and County of Broomfield (hereinafter referred to as `Broomfield"). WITNESSETH: WHEREAS,Weld County filed a condemnation action in the Weld County District Court (Case 2014-CV-30849) for the purpose of acquiring certain property interests from Broomfield, as made necessary by Weld County's road construction projects, and WHEREAS, after determination of the value of the property interests to be acquired, the parties have agreed upon the terms and conditions for conclusion of the condemnation action, and NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PROPERTY CONVEYANCE 1. The parties consent to the filing of a Motion for Entry of Rule and Order, in a form substantially similar to that which is attached hereto. 2. The property to be conveyed is described with particularity in Exhibits A through F, which are attached to the Motion for Entry of Rule and Order, and are fully incorporated into this Agreement. 3. Weld County shall cause a copy of the court's executed Rule and Order to be recorded in the indexes of the Weld County Clerk and Recorder, as would be the case with the recording of a deed. COMPENSATION 4. Within 30 days of full execution of this Agreement, Weld County shall pay$91,594.30 to the City and County of Broomfield — Sewer Enterprise Fund, which is accounted for as follows: 2.765 acres of irrigated land(RW-3)at $6,543 per acre $18,091.40 1.805 acres of dry land (RW-3) at$2,250 per acre $4,061.25 Temp. construction easement (TCE-3) of 1.385 acres at $440 per acre $608.84 Damages to remainder from part taken(RW-3) $83.37 Costs to cure (RW-3) $2,000.00 1.584 acres of irrigated land(RW-4) at$6,543 per acre $10,364.11 2015-0186 1.055 acres of dry land(RW-4) at$2,250 per acre $2,373.75 Damages to remainder from part taken(RW-4) 42,930.00 Costs to cure(RW-4) $6,308.40 Temporary construction easement(TCE-4) of 1.247 acres at$440 per acre $548.18 1.3 acres of dry land $4,225.00 TOTAL $91,594.30 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by all parties, and shall continue through and until the completion of all responsibilities of all parties. 4. Termination. Neither party may terminate this Agreement without the written consent of the other party. Each party recognizes that the purpose of this Agreement is to fully terminate the civil action 2014-CV-30849, and as such, any unilateral attempt to terminate this Agreement will significantly and adversely affect the other party. As such, any such unilateral attempt to terminate this Agreement may be considered a breach of contract and subject the breaching party to any remedies permitted by section 5, below. 5. Remedies. In the event of a breach of this Agreement by Weld County, Broomfield shall have the right to seek a monetary judgment up to and including the total payment to be made by Weld County under section 4, above, excluding any other damages, including consequential or punitive damages. In the event of a breach of this Agreement by Broomfield, Weld County shall have the right to seek specific performance of this Agreement, or such other remedy that allows Weld County to be fully vested in all property rights sought to be acquired in civil action 2014- CV-30849, as described in this Agreement, the Attachment to this Agreement, and all Exhibits to the Attachment. 5. Cooperation. The parties agree to cooperate with each other in order to complete the requirements described herein, as may be necessary. This includes, without limitation, written agreement as to undisputed clerical errors in any legal description or other legal document, necessary signatures, or the filing of appropriate court documents. 6. Entire Agreement/Modifications. This Agreement including the Attachment and the Exhibits attached to the Attachment are incorporated herein, and contain the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 7. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 8. Governmental Immunity. 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. 9. No Third Party Beneficiary. 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. 10. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 11. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 12. Attorneys Fees/Legal Costs. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. / ATTEST: Swink) I r • BOARD OF COUNTY COMMISSIONERS Weld Co . C erk to the Boy d kri ELD COUNTY C LORADO 361 BY: Deputy o lerk to the Bo\��!Ii r \�j' arbara Kirkmeyer, Chair jA 1 4 205 APPROVED AS /TO FUNDING: APPROVED AS TO SUBSTANCE: r an - Plicp/lG9C .0 Controller Elected Offieial or Department Head APPROVED AS TO FORM: — N err APPLWCR-0L£ Director of General Services County Attorney j)075-- /41.6' BROOMFIELD SIGNATURE PAGE APPROVED on January 18 , 2015. THE CITY AND COUNTY OF BROOMFIELD, COLORADO Ma r' ATTEST: City d County Clerk)a)Pptod.- APPROVED AS TO FORM: hat41 City and County Attorney Exhibit A to DB FA 73 LAND AND INVESTMENT LLC Settlement REC REC NO.3827823 Agreement CRW-1 ReY 13 SW1/4 SE SEC 18 SEC T4N, R641 T4N, R65W 1 Rev E-1 CE CEi Rev -1_n �C SLOW UE-2 MCP —'I CE (faRY� ' NW1/4 NE1/4 SEC 19 SEC 24 T4N, R64W T4N, R65W W-3 CITY OFBROOMFIL CITY OFBROOMFIELD REC.NO.2490394 REC.NO.2490390 PARCEL 2 PARCEL6 SSd^ CE SW1/4 SEC 19 SE1/4 T4N, R64W SEC 24 CITY OFBROOMFIELD T4N, R65W REC.NO.2490390 CE G12to PARCEL 2 CITY OF BROOMFIEL D RECORDED EXEMPTION NO. REC.NO.2490390 1053-19-3-RE1506 PARCEL 6 LOT B REC.NO.2337850 Exhibit B to Settlement Agreement Sheet 1 of 3 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-3(EXHIBIT"A") STA.194+17.57 Rt.to STA.215+60.19 Rt.(WCR 44 Align.) STA.-1+61.78 Lt.to STA.37+97.49 Lt. (WCR 49 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO C030-052 Location:WCR 44&49 Sheet 2 of 3 EXHIBIT"A" PROJECT NUMBER:SHO CO30-052 PARCEL NUMBER:RW-3 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A tract or parcel of land No.RW-3 of the Department of Transportation,State of Colorado, Project Code 19063,Project No.SHO CO30-052,containing 4.746 acres,more or less,in East Half of Section 24,Township 4 North,Range 65 West,of the 6th Principal Meridian,in Weld County,Colorado,also being a part of Parcel 6 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tract or parcel being more particularly described as follows: COMMENCING at the Southeast corner of Section 24,Township 4 North,Range 65 West; Thence North 00°16'01"West along the east line of the Southeast Quarter of Section 24 a distance of 1319.92 feet; Thence South 89°43'59"West a distance of 40.00 feet to a point on the south line of said Parcel 6 and being the TRUE POINT OF BEGINNING; 1. Thence South 89°37'18" West along said south line a distance of 30.00 feet; 2. Thence North 00°16'01"West a distance of 2363.15 feet; 3. Thence North 02°10'34"West a distance of 300.17 feet; 4. Thence North 00°16'01"West a distance of 1259.23 feet; 5. Thence North 45°11'07"West a distance of 42.49 feet; 6. Thence South 89°53'46"West a distance of 2072.96 feet to a point on the west line of said Parcel 6; 7. Thence North 00°04'42"East along said west line a distance of 59.98 feet to a point on the north line of the Northeast Quarter of said Section 24; 8. Thence South 88°43'38"East along said north line a distance of 2143.36 feet to a point on the existing west right-of-way line of Weld County Road 49; 9. Thence South 00°16'01" East along said west right-of-way line of Weld County Road 49 a distance of 3960.69 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 206743 sq.ft.or 4.746 acres,more or less. Basis of Bearings: All bearings are based on the east line of the Southeast Quarter of said Section 24 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southeast Corner, a found 2 1/2"aluminum cap illegible,to the East Quarter corner, a found 3 1/4" aluminum cap LS 22098. Sheet 3 of 3 eiotiimui /* S(�v`'�i� P.R4 FE 35593 9 ra •w __ s r ty -"Ai I ��o "`\cam For and on the Behalf of Weld County George A.Robinson,PLS 35593 12640 West Cedar Drive,Suite F Lakewood,CO 80228 Exhibit C to Settlement Agreement Sheet 1 of 2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-4(EXHIBIT"A") STA.4+22.85 Rt.to STA.37+67.38 Rt.(WCR 49 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO C030-052 Location:WCR 44&49 Sheet 2 of 2 EXHIBIT"A" PROJECT NUMBER:SHO CO30-052 PARCEL NUMBER:RW-4 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A tract or parcel of land No.RW-4 of the Department of Transportation,State of Colorado, Project Code 19063,Project No.SHO CO30-052,containing 2.639 acres,more or less,in West Half of Section 19,Township 4 North,Range 64 West,of the 6'"Principal Meridian,in Weld County,Colorado,also being a part of Parcel 2 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tract or parcel being more particularly described as follows: COMMENCING at the Southwest corner of Section 19,Township 4 North,Range 64 West; Thence North 00°16'01"West along the west line of the Southwest Quarter of Section 19 a distance of 1905.86 feet; Thence North 89°43'59"East a distance of 40.00 feet to a point on the existing east right-of- way line of Weld County Road 49 and being the TRUE POINT OF BEGINNING; 1. Thence North 00°16'01"West along said east right-of-way line a distance of 3344.52 feet to a point on the existing south right-of-way line of Weld County Road 44; 2. Thence North 88°30'40"East along said south right-of-way line a distance of 70.01 feet; 3. Thence South 44°07'20"West a distance of 42.88 feet; 4. Thence South 00°16'01"East a distance of 1238.23 feet; 5. Thence South 01°38'32"West a distance of 300.17 feet; 6. Thence South 00°16'01"East a distance of 1776.53 feet to a point on the south line of said Parcel 2; 7. Thence South 88°32'50" West along said south line a distance of 30.01 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 114967 sq.ft.or 2.639 acres,more or less. Basis of Bearings: All bearings are based on the west line of the Southwest Quarter of said Section 19 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southwest Corner,a found 2 1/2"aluminum cap illegible,to the West Quarter corner,a found 3 1/4" aluminum cap LS 22098. `t`a"utUN1iII E4di`14 kt 82 ... 44 i= For and on the Behalf of Weld County z ::8 35593 2)&4 George A.Robinson,PLS 35593 e,% Si?..44 12640 West Cedar Drive,Suite F �i Cili"" •' p�`°�` Lakewood,CO 80228 umnnnap°�� Exhibit D to Settlement Agreement Sheet 1 of 3 WELD COUNTY TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED Parcel Number:TCE-3(EXHIBIT"A") STA.194+17.25 Rt.to 215+20.29 Rt.(WCR 44 Align.) STA.-1+61.78 Lt to 37+59.23 Lt.(WCR 49 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO C030-052 Location:WCR 44&49 Sheet 2 of 3 EXHIBIT"A" PROJECT NUMBER:SHO CO30-052 TEMPORARY CONSTRUCTION EASEMENT NUMBER:TCE-3 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A Temporary Construction Easement No.TCE-3 of the Department of Transportation,State of Colorado,Project Code 19063,Project No.SHO CO30-052,containing 1.385 acres,more or less,in East Half of Section 24,Township 4 North,Range 65 West,of the 6th Principal Meridian,in Weld County,Colorado,also being a part of Parcel 6 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tract or parcel being more particularly described as follows: COMMENCING at the Southeast corner of Section 24,Township 4 North,Range 65 West; Thence North 00°16'01"West along the east line of the Southeast Quarter of Section 24 a distance of 1319.86 feet; Thence South 89°43'59"West a distance of 70.00 feet to a point on the south line of said Parcel 6 and being the TRUE POINT OF BEGINNING; 1. Thence South 89°37'18" West along said south line a distance of 10.00 feet; 2. Thence North 00°16'01"Westa distance of 2363.00 feet; 3. Thence North 02°10'34"West a distance of 300.17 feet; 4. Thence North 00°16'01"West a distance of 1255.26 feet; 5. Thence North 45°11'07"West a distance of 34.22 feet; 6. Thence South 89°53'46"West a distance of 2068.85 feet to a point on the west line of said Parcel 6; 7. Thence North 00°04'42"East along said west line a distance of 10.00 feet; 8. Thence North 89°53'46"East a distance of 2072.96 feet; 9. Thence South 45°11'07"East a distance of 42.49 feet; 10. Thence South 00°16'01"East a distance of 1259.23 feet; 11. Thence South 02°10'34"East a distance of 300.17 feet; 12. Thence South 00°16'01" East a distance of 2363.15 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 60,313 sq.ft.or 1.385 acres,more or less. Basis of Bearings: All bearings are based on the east line of the Southeast Quarter of said Section 24 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southeast Corner,a found 2 1/2"aluminum cap illegible,to the East Quarter corner,a found 3 1/4" aluminum cap LS 22098. Sheet 3 of 3 `\\`\\\\oo;tI I IJf I fl1J/ll/ REGCSl'�Gii .- 35593 ` F rntnnlu For and on the Behalf of Weld County George A.Robinson,PLS 35593 12640 West Cedar Drive,Suite F Lakewood,CO 80228 'Exhibit E to Settlement Agreement Sheet 1 of 3 WELD COUNTY TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED Parcel Number:TCE-4(EXHIBIT"A") STA.4+22.85 Rt.to STA.37+58.96 Rt.(WCR 49 Align.) STA.217+16.27 Rt.to STA.228+49.88 Rt.(WCR 44 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO CO30-052 Location:WCR 44&49 Sheet 2 of 3 EXHIBIT"A" PROJECT NUMBER:SHO CO3O-052 TEMPORARY CONSTRUCTION EASEMENT NUMBER:TCE-4 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A Temporary Construction Easement No.TCE-4 of the Department of Transportation,State of Colorado,Project Code 19063,Project No.SHO CO30-052,containing 1.247 acres,more or less,in West Half of Section 19,Township 4 North,Range 64 West,of the 6th Principal Meridian,in Weld County,Colorado,also being a part of Parcel 2 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tract or parcel being more particularly described as follows: COMMENCING at the Southwest corner of Section 19,Township 4 North,Range 64 West; Thence North 00°16'01"West along the west line of the Southwest Quarter of Section 19 a distance of 1906.48 feet; Thence North 89°43'59" East a distance of 70.00 feet to a point on the south line of said Parcel 2 and being the TRUE POINT OF BEGINNING; 1. Thence North 00°16'01"Westa distance of 1776.53 feet; 2. Thence North 01°38'32"East a distance of 300.17 feet; 3. Thence North 00°16'01"West a distance of 1238.23 feet; 4. Thence North 44°07'20"East a distance of 42.88 feet to a point on the existing south right-of-way line of Weld County Road 44; 5. Thence North 88°30'40"East along said south right-of-way line a distance of 1139.48 feet; 6. Thence South 01°29'20"East a distance of 10.00 feet; 7. Thence South 88°30'40"West a distance of 731.44 feet; 8. Thence South 01°29'20"East a distance of 65.00 feet; 9. Thence South 88°30'40"West a distance of 145.00 feet; 10. Thence North 01°29'20"West a distance of 65.00 feet; 11. Thence South 88°30'40"West a distance of 258.95 feet; 12. Thence South 44°07'20"West a distance of 34.72 feet; 13. Thence South 00°16'01"East a distance of 1234.32 feet; 14. Thence South 01°38'32"West a distance of 300.17 feet; 15. Thence South 00°16'01"East a distance of 1776.15 feet to a point on the south line of said Parcel 2; 16. Thence South 88°32'50"West along said south line a distance of 10.00 feet to the TRUE POINT OF BEGINNING. Sheet 3 of 3 The above described parcel contains 54,324 sq.ft.or 1.247 acres,more or less. Basis of Bearings:All bearings are based on the west line of the Southwest Quarter of said Section 19 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southwest Corner, a found 2 1/2"aluminum cap illegible,to the West Quarter corner,a found 3 1/4" aluminum cap LS 22098.othaQO`nv& � 0�I0Ur/'/ �4j'�/i finst :ra;:ti 35593 y I r9i ryN m40 Ll ln@0���p For and on the Behalf of Weld County George A.Robinson,PLS 35593 12640 West Cedar Drive,Suite F Lakewood,CO 80228 Exhibit F to Settlement Agreement EXHIBIT-A 519-T4N-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1053-19-3-RE1506 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2337850 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 30.00 FEET OF THE WEST 70.00 FEET OF SAID LOT B. SAID PARCEL CONTAINS 55,500.0 sf. OR 1.3 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 RIGHT OF WAY X861 , WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION :111/ WCR49&44 " 1� INTERSECTION PROJECT CITY OF BROOMFIELDr LOT B/RE-1506 PROJECT NO: GR-13 SCALE: N WCR49 _G OU T_Y - WELD COUNTY,COLORADO r DATE: 7-24-14 DRAWN BY: JHB (SHEET: lof 2 EXHIBIT-A 519-T4N-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND j I SURVEY OR LAND SURVEY PLAT. II 1I IT IS INTENDED TO ILLUSTRATE THE �I I ATTACHED PROPERTY DESCRIPTION It EXISTING 80' ONLY. I ' RIGHT-OF-WAY � I EXISTING 40' RIGHT-OF-WAY 1 � I ti I h I : , I ^ ADDITIONAL 30.00' RIGHT—OF—WAY ACQUIRED 55,500.0 sf.t OR 1.3 ac.t E ,� I� I I CITY OF BROOMFIELD LOT B/RE-1506 1 I RECP.#2337850 LOU ARE-1506 RLCP.J'2337850 I • i I ISW . R/ 519-T4N-R64W CORNER -R64W WCR 42 RIGHT OF WAY WELD COUNTY DEPARTMENT 1$61 OF PUBLIC WORKS ACQUISITION WCR 49&44 CITY OF BROOMFIELD INTERSECTION PROJECT LOT B/RE-1506 V S T Y PROJECT NO: GR-13 SCALE: 1"=300 WCR 49WELD COUNTY,COLORADO DATE: 7-24-14 DRAWN BY: JHB SHEET: 2 of 2 Hello