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Home My WebLink About20141379.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 9.5 (EM-BR19.5/24.5A FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - ST. VRAIN METROPOLITAN DISTRICT NO. 1 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 Purchase of Temporary Construction Easement for Certain Improvements to County Road 9.5 (EM-BR9.5/24.5A Flood Repair Project), 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 the St. Vrain Metropolitan District No. 1, do White, Bear, Ankle, PC, 2154 E. Commons Avenue, Suite 20, Centennial, Colorado 80122, commencing May 1, 2014, and ending April 30, 2015, 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 9.5 (EM-BR9.5/24.5A Flood Repair Project), 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 St. Vrain Metropolitan District No. 1, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC:?w( c,CK,i M, &,u-t) ouM,F;(b‘,0) ► cccs,(oc) G5 (7i),CR Let, 5A) 5/19 2014-1379 EG0070 BC0045 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 9.5 (EM-BR9.5/24.5A FLOOD REPAIR PROJECT) - ST. VRAIN METROPOLITAN DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 2014, nunc pro tunc May 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Co d , C� cci_-• '(2\0( ti ala C iti t� Douglas Rademacher, C air Weld County Clerk to the :S.-r:i �� ` • 361 :i '• arbara ' ro-Tem BY: Dept..'1 Clerk to the Sean P. Conway AP D FORM: ? Mike Freeman @ my Attorney F Will-4:m F. Garcia Date of signature: -1 i 2014-1379 EG0070 BC0045 MEMORANDUM _ ig6i TO: Esther Gesick, Clerk to the Board DATE: May 1, 2014 FROM: Clay Kimmi, P.E., CFM, Public Works GO__U_NTY SUBJECT: Temporary Construction Easement for EM-BR9.5- 24.5 Flood Repair Project—St Vrain Lakes Metro District Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me for my records. BR9.5-24.5A had some flood damages around the abutments in the September 2013 floods. The bridge is located on the 1-25 Frontage Road and the St. Vrain River approximately 1/2 mile north of the Southwest Service Center. This temporary construction easement is needed to access the abutments for the bridge, access the grade control structure in the river, and rebuild the washed out embankment. The easement is with the St. Vrain Lakes Metro District. The term of the construction easement will run from May 1, 2014 through April 30, 2015. Temporary repair work to avoid further damage due to spring runoff is currently underway by Flatiron Constructors. Permanent repair work is anticipated to occur this summer after the spring runoff. In lieu of a cash payment, the District asked that Weld County provide the topographic survey data that was collected as part of the design for the project. This easement is between a willing seller and a will buyer. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 51510,29114 2014-1379 Page 1 of 1 M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\9.5-24.5A\Phase I Worlahase 1 Temp Easements\EM-BR9.5-24.5 Temp Easement- St Vrain Lakes.docx AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 9.5, BETWEEN ST.VRAIN METROPOLITAN DISTRICT NO. 1 AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 28th day of April ,2014,by and between St.Vrain Metropolitan District No. 1, whose address is c/o White Bear Ankele PC, 2154 E. Commons Avenue, Suite 20,Centennial,Colorado 80122,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 construct temporary repairs to the drop structure downstream of County Road 9.5 and to construct improvements to protect the northern abutment of the bridge over the St.Vrain River on County Road 9.5, (hereinafter referred to as"2014 Emergency Repair Project at County Road 9.5"), and WHEREAS, County will need said Temporary Construction Easement in order to access, repair, construct and maintain the roadway as 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 whichis attached hereto and made a part hereof by this reference), in exchange for the County mapping Owner's property. .The parties acknowledge and agree that said mapping 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. Agmt for Purchase of Temp Easement-Possession Following Payment Page 1 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 May 1,2014, andshall expire and be of no further force or effect on April 30,2015,or upon the completion of the Road Improvement Project,whichever is earlier. As Project has two phases, "completion"refers to the end of second phase. 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. P 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 FA cement. 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. Compaction results will be provided to Owner. Agmt for Purchase of Temp Easement-Possession Following Payment Page 2 5. No material will be removed from the area of the easement unless the contractor and Owner have entered into an agreement to purchase material. Agmt for Purchase of Temp Easement-Possession Following Payment Page 3 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 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. 7. 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. St. Vrain Metropo ' n Dis - o. 1 ATTEST: �\ By: 4' it , or-704,644 By: !./l It EL7i&- 7) , (t `/�f L-7 BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: WasetAski ;( fis Rademac er, Chair N MAY 0 5 2014 Weld County Clerk to the Board r -, BY- 013011ga Cl U , d w VA 1/42 • p Deputy Clerk to the Board ea OU Agmt for Purchase of Temp Easement-Possession Following Payment Page 5 a &/ y / 3 •y '�. V1 c EXHIBIT A PARCEL DESCRIPTION A parcel of land located in Tract P of St Vrain Lakes Filing No. 1 as recorded on April 5,2007 as Reception No.3467131 in the records of the Weld County Clerk and Recorder and being a part of the Southwest Quarter(S W1/4)1/4)of Section Thirty-five(35),Township Three North (T.3N.),Range Sixty-eight West(R.68 W.),of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado,and being more particularly described as follows: BEGINNING at the most Southerly Southwest corner of said Tract P and assuming the South line of said Tract P as bearing South 77°43'35"West a distance of 2395.38 feet,with all other bearings contained herein relative thereto; Thence along the Southwesterly and West lines of said Tract P,the following four courses: THENCE North 00°01'11"West a distance of 119.70 feet; THENCE South 8998'49"West a distance of 114.82 feet; THENCE North 00°01'11"West a distance of 186.21 feet to a Point of Curvature; THENCE along an arc concave to the west a distance of 18.15 feet, having a Radius of 3379.26 feet,a Delta of 0°18'28"and is subtended by a Chord that bears North 00°10'25"West a distance of 18.15 feet; THENCE South 89°59'57"East along a line non-tangent to the aforesaid curve a distance of 325.00 feet; THENCE South 00°00'03"West a distance of 278.32 feet to the South line of said Tract P; THENCE South 77°43'35"West along said South line a distance of 214.93 feet to the POINT OF BEGINNING. Said described parcel of land contains 86,730 Square Feet or 1.991 Acres,more of less(+/-),and may be subject to any easements or rights of way of record as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. :44: at_ Steven Parks—on be ,,. eyors Colorado Licensed Profession, Land Surveyor#38348 KING SURVEYORS 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 R:\2014104\EXHIBIT\20141oasx(s8rt.Docx Page 1 of 2 PARCEL DESCRIPTION EXHIBIT A SECTION 35, T.3N., R.68W. PAGE 2 OF 2 UNE TABLE CURVE TABLE UNE BEARING LENGTH CURVE LENGTH RADIUS DELTA CHORD CH BEARING L1 NO0•01'11.W 119.70' C1 18.15' 3379.26' 0'18'28' 18.15' N0010'25"W L2 S8958'49"W 114.82' NOTE This exhibit drawing is not intended to be a L3 N00'01'11'W 186.21' monumented land survey. it's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. TRACT P h I S8 ST % !AIR LAKES9'59'57"E 325.00'O el FILING NO.1 U RECEPTION NO. p —1 I-10' UE N 3467131 N II rq -ice 07 �� / n J I PARCEL N -- --' I C 86730 sq.Jt. i �� `�•+ \ 1.991 acres _�-—\ •__ 1I 5:1-.0„."--; L2 o 0 N -30' GAS EASEMENT 7J 214 9 '4335" 1 577.515 OF H(RNG5) S7? LOT RECX12-0023 RECEPTION NO. 3871455 SOUTHERLY MOST SOUTHWEST CORNER OF TRACT P I POINT OF BEGINNING p9.BO LiC.li<I . p 383'8 : s • cc 100 50 0 100 ,0 •y-m•z.0P-f.' 0c Steven Parks - On Be If ' 'r - ors 1"= 100' Colorado Licensed Professio" Land Surveyor #38348 'A\ PROJECT NO:2014104 ;' yr iKING 3/25/2014 ' �r 650 E.Garden Drive I Windsor,Colorado 80550 CLIENT:ICON ICON ENGINEERING 'r phone:(970)686-5011 I fax:(970)686-5821 DWG:201 41 04EXHIBIT www.hhigsuzveyors.com DRAWN:SS CHECKED:SIP Hello