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Home My WebLink About20151649.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 5 AND AUTHORIZE CHAIR TO SIGN - MIRIAM AND STEVEN SMITH 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 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 Miriam and Steven Smith, 2231 CR 42, Berthoud, CO 80513, 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 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 Miriam and Steven Smith be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. \ �/�� 2015-1649 0,O0(FC �W EG0072 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 5 - MIRIAM AND STEVEN SMITH 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: ditiLeti t .[.{,C .c-`�"'�� rbara Kirkmeyer Chair f� Weld County Clerk to the Board n Mike Freeman, Pro-Tem BY: ,(1.14,0 1,0,) Q) ePuty Clerk to th Board ,��•�, f 1144) Sean P. Conway APPROVED AS TO FOR �1861 . • 0432 lie A. zad County Attorney © Cab Q7 ° ) Steve Moreno Date of signature: 2015-1649 EG0072 j►Xir - MEMORANDUM v2_o_)NTY : 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 Miriam and Steven Smith, WCR 5 Enclosures RECEIVED RECEIVED fritkA r ' 1(:i.) MAY 14 205 WELD COUNTY WELD COUNTY COMMISSIONERS COMM SS ONERS NI.AFrancieAAGENDA memos\Richard White-I.docx 2015-1649 ENOb'ra. 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 eleven,441 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: L-•--.�nnor fear & John Cia ney propertb'.a4j. l tg the Cl2..1 s 5157 site • 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 7th, 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 l t K Sean P. Conway Steve Moreno 741 Julie Cozad AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 5, BETWEEN MIRIAM AND STEVEN SMITH AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 21 day of r),'(.�.,!��,201 f ,by and between Miriam Smith and Steven Smith, whose address is 2231 County Road 42, Berthoud, Colorado 80513, 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: ESS ETH: 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 easements. 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 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-BR5-42A EAST, 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 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. 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. Miriam Smith teven Smith BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: zti C C �,,,,,// arb�rkme er Ch r �,�z7�J G •aC/�o�� JUN 0 8 2015 Weld ►aunty Clerk to the BeardVida BY' ii /• _�ar� ,�n �, Deputy C rk to the Board am Agmt for Purchase of Temp Easement-Possession Following Payment Page 4 02o/5'/60 /9 IN WITNESS WHERE Weld County and have caused this agreement to be executed this day day of of , 20/T APPROVED AS TO SUBS A CE: —tti Elected i&r Department Head i\j ! k Director of General Services APPROVED AS TO FUNDING: --aaat.a9: S4 Controller APPROV D AS TO FORM: Co M:AAGRI-EMEN 15\SIGNATURE BLOCKS-SEPARATE PAGE&CHAIR ONLY\ScparatcSta❑Page-SignatureBlock.docx TEMPORARY CONSTRUCTION EASEMENT EM-BR5-42A EAST EXHIBIT SHEET 1 OF 2 A n PARCEL DESCRIPTION A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 21, 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 SOUTHWEST CORNER OF SAID SECTION; THENCE, NORTH ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, 313.35 FEET, DISTANT SOUTH 1,01845 FEET FROM THE SOUTH 1e CORNER OF SECTIONS 20 AND 21; THENCE, DEPARTING SAID WEST LINE EAST,AND PERPENDICULAR TO SAID WEST LINE 30.00 FEET TO THE POINT OF BEGINNING. THENCE, NORTH, PARALLEL WITH THE SAID WEST LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21, 250.00 FEET; THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 25.00 FEET; THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 250.00 FEET; THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 6,250 SQUARE FEET, 0.14 ACRES (MORE OR LESS). NOTE: 0.03 ACRES +1-OF THE DESCRIBED PARCEL LIES NORTH OF THE APPROXIMATE PROPERTY LINE AS SHOWN HEREON. THAT PORTION OF LAND BEING OWNED BY TED STAUFFER. • 0.11 ACRES +1-OF THE DESCRIBED PARCEL LIES SOU4:c "•mAt PPROXIMATE PROPERTY LINE AS SHOWN HEREON. THAT PORTION Ogr l%re I IN ED BY MIRIAM AND STEVEN SMITH. Ar�p ��pM • i?crcts b: Z . y 0: 7 •:a5 WILLIAM R. LYON, P.L.S. 38410 ff cr*• / ///1 4. FOR AND ON BEHALF OF BOHANNAN-HUSTON, INC. fly /p' .,, / J PROJ. 20140320 11y-IC LAN r4 Bohannan:: ;Huston TEMP. CONSTRUCTION EASEMENT Meridian One 9785 Maroon Circle,Suite 140 A PARCEL OF LAND SITUATED IN THE Englewood,CO 80112(303)799-5103 SOUTHWEST ONE-QUARTER OF SECTION 21, ENGINEERING a SPATIAL DATA A ADVANCED TECHNOLOGIES T4N, R68W, 6TH P.M., COUNTY OF WELD, 11o3 WrzRVI AND M EV ASSWPIEO BEGIRD=DAIS WAS PHEPARAD Di UORUAN R HUnox,aC.TEN WC PROJECT STATE OF COLORADO INDICATED.ANY REUSE DR UWwulox WITHOUT IN:WRITRR Nxs[M OP a WNXIN HUSTON.Me.SHAH.BE AT THE SOLE RISK DP THE USER. TH;MPORA.E,Y CONSTRUCTION H,AS H:MEXT EXHIBIT EM-BR5-42A EAST SOUTH ONCORNER SECTIONS 20&21 \.` SHEET 2 OF 2 r 25.00' 0.03 ACRES+1—NORTH \ OF PROPERTY LINE Jan nD. LC Q. y C, Z .'. 'O 14 O �t-60 CC/> & F I3 tie I.. •= CHANGE IN COURSE APPRO%<SIATR PROPERTY UK AND/OR DISTANCE (NO MONUMENT RECOVERED OR SET) I Y i;.? . o /? �4P cp. P\ati e�vv�P v4��`ti• r`F TEMPORARY CONSTRUCTIONin _N MEM o l qI PARCEL o CONTAINS Ls_ 6.450 SO.FT. Ci N 0.14 ACRES ¢" (MORE OR g17, (MORE b SCALE 1" =40' I wa �� 0,11 ACRES+1-SOUTH OF PROPERTY LINE Li J LA THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY,IT IS INTENDED ONLY TO DEPICT THE ............. ACHED DESCRIPTION. �o.Pnµ...!c . , -� :may 30'00' jaHr 25.00' Ie+° •��/9/ ,.'QJ�i P.0 B. ,lt,�Nq• LANa \ P.O.C. -N--,1-> " % e SOUTHWE;T CORNER SECTION 21 BohannanSHuston TEMP. CONSTRUCTION Meridian One 9785 Maroon Circle,Suite 140 EASEMENT Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 21, ENGINEERING a SPATIAL DATA A ADVANCED TECHNOLOGIES T4N, REBW, 6TH P.M., COUNTY OF WELD, ' Nol Ai5Eo RO AHDSSE Si vowRCAnou wmiourr IDATA WRIrt¢H CONSENT OF ASILA AiuA AIT HUSTON, SPAEu SEEAT TTHE SOIL STATE OF COLORADO P6l of In UR. Hello