HomeMy WebLinkAbout20141249.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 19.5
(EM-BR19.5/36A) FLOOD REPAIR PROJECT AND AUTHORIZE CHAIR TO SIGN -
HEATHER SWARTZ AND RICHARD STANLEY SWARTZ, JR.
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 19.5 (EM-BR19.5/36A 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
Heather Swartz and Richard Swartz, Jr., 8751 County Road 36.5, Platteville, Colorado 80651,
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 19.5 (EM-BR19.5/36A 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 Heather Swartz and Richard Swartz,
Jr., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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2014-1249
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT CERTAIN
IMPROVEMENTS TO COUNTY ROAD 19.5 (EM-BR19.5/36A FLOOD REPAIR PROJECT) -
HEATHER SWARTZ AND RICHARD SWARTZ, JR.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ATTEST: d.i:O-b,
Weld County Clerk to the Board
BY:
APPR• • yi AS-vS •RM:
my Attorney
Date of signature:
S l 7 l
ELD COUNTY, LORADO
(°d
ademacher, Chair
n P. Conway
nfl
Mike F
I "
W lam F. Garcia
2014-1249
EG0070
BC0045
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 17, 2014
FROM: Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Temporary Construction Easement for EM-BR19.5-
36a Flood Repair Project
Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to
me for my records.
BR19.5/36A had some flood damages around the abutments in the September 2013 floods. The bridge
is located on CR 19.5 and the St. Vrain Creek approximately % mile north of the St. Vrain Power Plant.
This temporary construction easement is needed to access the abutments for the bridge. The easement
will allow the contractor to repair the flood damages by placing riprap at the abutments.
The easement is with Heather Colleen Swartz and Richard Stanley Swartz, Jr. The term of the
construction easement will run from May 1, 2014 through April 30, 2015. Repair work is anticipated to
occur this summer after the spring runoff- The landowner is being paid $500 for the temporary easement,
which is the minimum amount paid for an easement. 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.
2014-1249
Page I of 1
M1Weld County Flood 2013 Version 2\Site Specific Projects\ Bridge Projects\19.5-36A\Phase 1 Work\Temp Easements \EM-BRI9.5-36A Temp Easement -
Swartz.docx
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 19.5,
BETWEEN HEATHFR COLLEEN SWARTZ AND RICHARD STANLEY SWARTZ,
JR. AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 3I day of , 2014, by and betwee Heather
Colleen Swartz and Richard Stanley Swartz, Jr., whose address is 8751 County Road 31tatteville,
Colorado 80651, 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 19.5,
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 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 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
Agmt for Purchase of Temp Easement -Possession Following Payment Page 1
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.
5. Owner shall not, during the tell _ i 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 maybe 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 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 tetnis 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.
Heather Colleen Swartz Richard Stanley Swartz, Jr,
Alta
ATTEST sf jejdo:64.
Weld County Clerk to the Board
BY.
De
atua
uty Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Rademacher, Chair
APR 2 1 2014
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
EXHIBIT A
PARCEL DESCRIPTION
A parcel of land located in the Northwest Quarter (NW1/4) 1/4) of Section Three (3), Township Three
North (T.3N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the West Sixteenth (WI/16) corner common to said Section 3 and Section 34,
T.4N., R.67W. and assuming the North line of the Northwest Quarter of the Northwest Quarter
(NW I/4NWI/4) of said Section 3 as bearing South 89°04'57" East being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a
distance of 1301.94 feet and with all other bearings contained herein relative thereto;
THENCE South 7°07'07" East a distance of 1141.02 feet to the POINT OF BEGINNING;
THENCE North 82°49'35" East a distance of 50.00 feet to the Westerly Right of Way (R.O.W.)
line of Weld County Road 19.5 as described in Reception No. 1753313 at the records of the Weld
County Clerk and Recorder and to a Point of Curvature (PC), said curve being non -tangent to the
aforesaid course;
Thence along said Westerly R.O.W. the following two courses:
THENCE along the arc of a curve concave to the Northeast a distance of 255.47 feet, having a
Radius of 976.97 feet, a Delta of 14°58'56" and is subtended by a Chord that bears South
14°39'53" East a distance of 254.74 feet to a Point of Tangency (PT);
THENCE South 22°09'2I "East a distance of 44.01 feet to the Southerly line of Government Lot 2
as shown on the ALTA/ACSM Land Title Survey recorded June 6, 2012 as Reception No. 385286
at the records of the Weld County Clerk and Recorder;
THENCE South 55°09'54" West along said Southerly line a distance of 51.25 feet to a line parallel
with and 50.00 feet Westerly of, as measured at a right angle, the Westerly R.O.W. of Weld County
Road 19.5;
Thence along said parallel line the following two courses:
THENCE North 22°09'21" West a distance of 55.26 feet to a PC;
THENCE along the arc of a curve concave to the Northeast a distance of 268.54 feet, having a
Radius of 1026.97 feet, a Delta of 14°58'56" and is subtended by a Chord that bears North
14°39'53" West a distance of 267.78 feet to the POINT OF BEGINNING.
Said described parcel of land contains 15,582 Square Feet or 0.358 Acres, more or less (±), and
maybe subject to any rights -of -way or other easements of record or as now existing on said
described parcel of land.
SURVEYORS STATEMENT
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 m e and belief.
Steven Parks - on be
Colorado Licensed Profe
Land Surveyor #38348
KING SURVEYORS
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
R:@0141471DOCOMENTS\2014147EX_4.doc Page 1 of 2
PARCEL EXHIBIT
EXHIBIT A
NORTHWEST QUARTER SECTION 3.
T.3N., R.67W.
NORTHWEST CORNER PAGE 2 OF 2
SEC. 3 T.3N. R.67W.
WEST 1/16 CORNER
SEC. 3 T.3N. R.67W.
POINT OF COMMENCEMENT
589'04'57"E 1301.94
BASIS OF BEARINGS
N82'49'35"E 50.00'
POINT OF BEGINNING
A=14'58'56"
ChB=N14'39'53'W
ChL=267.78'
R=1026.97'
L=268.54'
PARCEL
15,582 sq. ft.
0.358 acres
N22'09'21"W 55.26'
S55'09'54'W 51.25'
38 r48
4' c
Steven Parks — On
Colorado Licensed Profe
Land Surveyor #38348
AP
rveyors
60
30
0
1'1=60'
6=14'58'56"
ChB=S14'39'53"E
hL=254.74'
R=976.97'
L=255.47'
60
S22'09'21"E 44.01'
NOTE: This exhibit drawing is not
intended to be a 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.
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
www.kingsurveyors.com
PROJECT N0:2014147
DATE: 4-10-2014
CLIENT: ICON
DWG:2014147EX_4
DRAWN: RE CHECKED: SIP
Fes,,, W-9
(flev. November2005)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
identification Number and Certification
Give form to. the
requester. Do not
send' to the IRS..
•
Print or type
Sss Speci:fjc Instructions on page 2.
Nam shown on you income return)
clnoarr4
t2
(1(c,rA4
Sra
Business name if different from a�
individual/
Check appropriate box: Sole proprietor
Other F
O,Corporation )♦
Partnership
■
•■
Exempt from backup
withholding
Ad ess (number, street, and apt. or suite no.)
$951 CR 36.s
Requester's name and address (optional
C' tre, a ZIP code t
C U
8
1
List account numbers) here (optional)
Part I
Taxpayer Identification Number (TIN).
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
- backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part -I instructions on page 3. For other entities, it is
• your 'employer identification number (EIN). If you do not have a number, see How fo get.a 77N on page 3:
• -Note. If the account is in more than one name, see the chart on. page 4 for guidelines on whose
number to enter.
Part 11
Certification•
Social security number •
or '
• Employer Identificatioi-number
1 •1- I. 1. 1 1. 1 1
Under penalties of perjury, i certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding; or (b) I have not been notified by -the Internal
Revenue Selvice (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and •
3. i am a US. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
-withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN: (See the instructions on page 4.)
Sign
Here
Signatureof
U.S. person I►
Date ►
Purpose of.Form.
A person who is required to file an information return with the
IRS, must obtain your correct taxpayer identification number
(TIN)to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
(including a resident alien), too provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued), •
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
in 3 above, if applicable; you are also certifying that as a
U.S. person, your allocable share of any partnership income
from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form• W-9.
For federal tax purposes, you are considered a person if you
are:
• An individual who is a citizen or'resident of the United
States, - -
• A partnership, corporation, company, or association
cleated or organized in the United States or under the laws
of the United States, or •
• Any estate (other than a foreign estate) or trust. See
Regulations sections 301.7701-6(a) and 7(a) for additional
information. -
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required
to pay a withholding tax on any foreign partners' share of
income from such business. Further, in certain cases where a
Form W-9 has not been received, a partnership is required to
presume that a partner is a foreign person, and pay the
withholding. tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to
establish your U.S. status and avOid withholding on your
share of partnership income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding
withholding on its *allocable share of net income from the
partnership conducting a trade or business in the United
States is in the following. cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat No. 10231X Form W-9 (Rev. 11-2005)
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