HomeMy WebLinkAbout20151944.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 15.5 AND
AUTHORIZE CHAIR TO SIGN - ELEANOR DEAN AND JOHN GOSNEY
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 15.5, 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 Eleanor Dean and John Gosney, 7401
Longview Circle, Chanhassen, MN 55317 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 15.5, 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 Eleanor Dean and John Gosney, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2015-1944
C;-id (PIA: (F ) 81/5 EG0072
AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 15.5- ELEANOR DEAN AND JOHN GOSNEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of July, A.D., 2015, nunc pro tunc January 1, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: (� ,,�� // { L � �-,
,./.,dCAvt) ..k'„ 40;e k rbara Kirkmeyer, C air
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY:
D y Clerk to� 411
Sean P. Con
APPROVED AS TI' �" � =j� � L{,{�U00,64./
'di�i��
Julie_ . Cozad
County Attorney
Steve Moreno
Date of signature: —7/11/5-
2015-1944
EG0072
MEMORANDUM
O_U NT Y
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 Eleanor R. Dean Jo E I V E D Gosney,
WCR 15.5
Enclosures J 30 Zots
,2015
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Richard White-9.docx
E- C:10072-
2015-1944
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(11)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:
• Eleanor Dean&John Gosney,property adjacent to the CR 15.5/52 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.
• Ted Stauffer,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 1'K
Sean P. Conway
Steve Moreno
Julie Cozad
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 15.5,
BETWEEN ELEANOR R. DEAN AND JOHN L. GOSNEY AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this Le� day of , 201 -0, by and between
Eleanor R.Dean and John L.Gosney,whose address is 740 on iew Circle,Chanhassen,MN
55317,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:
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 January1,2015,
Agmt for Purchase of Temp Easement-Possession Following Payment Page 1
4128481 Pages: 1 of 8
07/28/2015 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III P1 !Li wt?RYJN II III
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.
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.
4128481 Pages: 2 of 8
07/28/2015 12:21 PM R Fee:$0.00
Carly Koppes: Clerk and Recorder, Weld County, CO
VIII P1 TI4alliffilia',L4,CI'VR IIN NoMlilYi, iI III
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-15.5-52.0, 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
4128481 Pages: 3 of 8
07/28/2015 12:21 PM
R Fee:$0.0ld County.0
We Co
Carly KoPPes, Clerk and Recorder .
1111
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.
Eleanor R. Dean John L. o ney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: /�Cl� , t
CC� CC�� Barbara Kirkm yer, Cllr
fi� G. . lo�� 0 6 2015
JUL
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Weld . my Clerk to the r,oard # /I_
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BY' ' ,1
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Deputy C1)k to the Board 1.'1 ;�0
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Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
4128481 Pages: 4 of 8
07/28/2015 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII MiriMill„IV 'I+ Eirillarkillti COIF D i Yl�sh II II I 4176/5— 1/i
IN WITNESS WHEREOF, Weld County and have caused this
agreement to be executed this (p 01 day of ji,cici of , 2O/5—
APPROVED AS BSTANCE:
E to icial or Department Heads-
1414\--
Director of General Services
APPROVED AS TO FUNDING:
�r
1 t,��l7yld
0c�4
Controller
APPROVED AS TO FORM:
County Attorney
M:AAGREEMENTS\SIGNATURE BLOCKS-SEPARATE PAGE&CHAIR ONLY\SeparateStaffPage-SignatureBlock.docx
4128481 Pages: 5 of 8
07/28/2015 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■iii����ar���� if Bill
TEMPORARY CONSTRUCTION E -
EXHIBIT
EM-15.5-52.0
SHEET 1 OF 2
PARCEL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 29,
TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER SOUTH ONE-SIXTEENTH CORNER OF SAID SECTION;
THENCE, SOUTH ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SAID SECTION, 185.47 FEET, DISTANT NORTH 1,126.11 FEET
FROM THE SOUTH ONE-QUARTER CORNER OF SAID SECTION;
THENCE, WEST, PERPENDICULAR TO SAID EAST LINE 15.00 FEET TO THE POINT OF
BEGINNING;
THENCE, CONTINUING WEST PERPENDICULAR TO SAID EAST LINE 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;
Ell
THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 250.00 FEET TO THE
—
POINT OF BEGINNING. E
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PARCEL CONTAINS 6,250 SQUARE FEET, 0.14 ACRES (MORE OR LESS). AZT
NOTE: 0.01 ACRES +1-OF THE DESCRIBED PARCEL LIES NORTH OF THE APPROXIMATE m3• e
PROPERTY LINE AND WEST OF THE APPROXIMATE DEDICATED R.O.W. AS SHOWN HEREON. cove
THAT PORTION OF LAND BEING OWNED BY ELEANOR DEAN AND JOHN GOSNEY. e.
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0.11 ACRES +/-OF THE DESCRIBED PARCEL LIES SOUTH OF T PPROXIMATE
PROPERTY LINE AS SHOWN HEREON. THAT PORTION OF LAN ����^'��� D BY JACOB m��
KAMMERZELL. c-1.•
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WILLIAM R. LYON, P.L.S. 38410 1J��.///f/41.14.41i co a
FOR AND ON BEHALF OF BOHANNAN-HUSTON, INC. r
PROJ. 20140320 �\�"`�D��� .7;r;
Bohannan - j HustonTEMP. CONSTRUCTION
fl EASEMENT
Meridian One 9785 Maroon Circle,Suite 140
Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE
SOUTHWEST ONE-QUARTER OF SECTION 29,
ENGINEERING A SPATIAL DATA • ADVANCED TECHNOLOGIES T5N, R67W, 6TH P.M., COUNTY OF WELD,
THIS INDICATED.MATERIAL
REUSE OR MODIFICATION WITHOUT THE WRITTEN CONSENT OF BY BONAN�NAN HUSTON,INC. E PR0JECT STATE OF COLORADO
NAN HUSTON,INC.INC.SHALL BE AT THE SOLE
RISK Of THE USER.
•
TEMPORARY CONSTRUCTION
EASEM_N,NT H,XHIBIT
EM-15.5-52.0
SHEET 2 OF 2
5.00'
Id
° i CENTER SOUTH Ts
I° CORNER SECTION 29 •
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AND/OR DISTANCE
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APPROXIMATE
TEMPORARY
PROPERTY LINE CONSTRUCTION
EASEMENT
PARCEL
CONTAINS o
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0,14 ACRES r)
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w THIS EXHIBIT DOES NOT REPRESENT
r \w a A MONUMENTED LAND SURVEY,IT
a�' a I X IS INTENDED ONLY TO DEPICT THE
ma 0 a ATTACHED DESCRIPTI=&.nO� Nk‘N.tw,
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��R= P.O.B. N I SOUTH ONE-QUARTER CORNER 1111 ��/vJ ./s
36L,- _ SECTION 29 J
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%% AL LAN��-
BohannanHuston 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 29,
ENGINEERING A SPATIAL DATA A ADVANCED TECHNOLOGIES T5N, R67W, 6TH P.M., COUNTY OF WELD,
NS UATERIAL AND O
INDICATED.ANY REU EOR ODIIRCATIOH ELECTRONICDATA
WITHOUTTHEWRITTEN CONS BHUSTON, THE PROJECT
ENT OF BOHANNAN HUSTON,INC.SHALL BEATNE SOLE STATE OF COLORADO
RISE OF THE USER.
TEMPORARY CONSTRUCTION EASEMENT
EM-15.5-52.O
SHEET 1 OF 2
PARCEL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 29,
TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER SOUTH ONE-SIXTEENTH CORNER OF SAID SECTION;
THENCE, SOUTH ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SAID SECTION, 185.47 FEET, DISTANT NORTH 1,126.11 FEET
FROM THE SOUTH ONE-QUARTER CORNER OF SAID SECTION;
THENCE, WEST, PERPENDICULAR TO SAID EAST LINE 15.00 FEET TO THE POINT OF '
BEGINNING;
THENCE, CONTINUING WEST PERPENDICULAR TO SAID EAST LINE 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; Ji '
O
THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 250.00 FEET TO THE U
POINT OF BEGINNING. Y
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PARCEL CONTAINS 6,250 SQUARE FEET, 0.14 ACRES (MORE OR LESS). m33
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O R AND ON BWILLIAM R. EHALF OF BOHANNAN-HUSTON, INC. , WIE
,�1�A%S/QNAD'4pN��� ^ �
PROJ. 20140320 ‘v� ``o`' U
CONSTRUCTION
B ohannanHuston TEMP.EASEMENT
Meridian One 9785 Maroon Circle,Suite 140
Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE
SOUTHWEST ONE-QUARTER OF SECTION 29,
ENGINEERING • SPATIAL DATA A ADVANCED TECHNOLOGIES T5N, R67W, 6TH P.M., COUNTY OF WELD,
THIS NATERLIE AND ANY ASSOCIATED ELECTRONIC DATA WAS PREPARED BY BOHANHAN HUSTON,INC.FOR THE PROJECT STATE OF COLORADO
INDICATIO.ANY REUSE OR MODIFICATION WROTH THE WRTFTEH CONSENT OF BOWMAN HUSTON,INC.SNAIL BE AT THE SOLI
RISK Of THE USER. .
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