HomeMy WebLinkAbout20141300.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 19 AND
AUTHORIZE CHAIR TO SIGN - DAVID E. HOWARD FAMILY TRUST, CIO CAROL
HOWARD
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, 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 David E. Howard Family Trust, CIO Carol Howard,
8709 County Road 4, Brighton, Colorado 80603, 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, 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 David E. Howard Family Trust, CIO Carol Howard, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
Cr,:AN 40,40
2014-1300
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 19 - DAVID E. HOWARD FAMILY TRUST, C/O CAROL
HOWARD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dslautd P‘occ�irv(r( '�
.l�p;� Dougla Rademacher, Chair
Weld County Clerk to the Board
I� ♦` EXCUSED
\� ��a Barbara Kirkme r, Pro-Tem
BY:
D .ity Clerk to the ' ft ' ,.!"�•., . .
can P. Conway
AP' aVED AST .R ® '>�, EXCUSED
u �� Mike Free 3r
Count-''orney
William F. Garcia
Date of signature: 61620N
2014-1300
EG0070
BC0045
MEMORANDUM
O.U N T ] TO: Clerk to the Board DATE: April 23, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
RE: Flood Related
Agreement for Purchase of Temporary Construction Easement for Certain Improvements to
WCR 19 with Carol C. Howard in the amount of$500.
Attached is one original Agreement.
M?FnncieAGENDA memos\AgendaMlkeBedell-2 docx
2014-1300
2-18%/4
•
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 19.
BETWEEN JULIA HELEN SPAFFORD,AN UNDIVIDED 1/6 INTEREST,JAMES
HOWARD JOHNSON, AN UNDIVIDED 1/6 INTEREST, LINDA JO ZIMMERMAN
F/K/A LINDA JO ZATARAIN, AN UNDIVIDED 1/6 INTEREST, DONALD GARY
HOWARD, AN UNDIVIDED 1/12 INTEREST,JOHN EDWARD. HOWARD A/K/A
JOHN E. HOWARD, AN UNDIVIDED1/12 INTEREST, MARIA SUE HOWARD, AN
UNDIVIDED 1/12 INTEREST, DAVID E. HOWARD FAMILY TRUST DATED
JANUARY 1, 2009. LIFE ESTATE IN AN UNDIVIDED '/4 INTEREST, DONALD GARY
HOWARD, REMAINDER IN AN UNDIVIDED 1/12 INTEREST, JOHN EDWARD.
HOWARD A/K/A JOHN E. HOWARD, REMAINDER IN AN UNDIVIDED 1/12
INTEREST, MARIA SUE HOWARD, REMAINDER IN AN UNDIVIDED 1/12
INTEREST AND WELD COUNTY, COLORADO
ST
THIS AGREEMENT is made this 3 day of ni\ ,2014,by and between David E.
Howard Family Trust, et al whose address is 8709 County Road 4, Brighton, Colorado 80603,
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,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
Agmt for Purchase of Temp Easement-Possession Following Payment Page 1
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 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 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.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 2
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.
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.
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.
David E. Howard Family Trust
By: \ C. G12 (.74.41(11
71/14 t l CX_ L—'
Title
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
dielfet)
C( 49 C I. •s„4ugl s Radeacher Chair
G' •aC �. • ,L //��,` APR 2 8 2014
EL
Weld County Clerk to the Board , N `�
BY ,. li L_�I ohiO ism t.`��s4�N
De=uty Clerk to the Board 4/
Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
a l4fr<300
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 1
NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH 00°40'56" EAST, 74.62 FEET;
THENCE DEPARTING SAID WESTERLY LINE, NORTH 89°19'04" EAST, 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 19, 60.00 FEET WIDE,AS ESTABLISHED PER WELD
COUNTY ROAD VIEWER'S REPORT FILED IN BOOK 100, PAGE 248, RECORDS OF SAID WELD COUNTY, SAID
POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH 00°40'56" EAST, 190.00 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, NORTH 89°19'04" EAST, 45.00 FEET;
THENCE NORTH 00°40'56"WEST, 190.00 FEET;
THENCE SOUTH 89°19'04"WEST,45.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 8,550 SQUARE FEET OR 0.196 ACRES, MORE OR LESS.
AS SHOWN ON THE ATTACHED EXHIBIT.
ROBERT D. SNODGRASS, PLS 36580
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
FOR AND ON BEHALF OF BOHANNAN HUSTON, INC.
9785 MAROON CIRCLE, SUITE 140
ENGLEWOOD, CO 80112
Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
File Name: 20140320EA04.dwg BIG AND LITTLE DRY CREEK CORRIDORS
g Horizontal Scale: N.A. Vertical Scale: NA TEMPORARY EASEMENT 20140320
Designer: RDS Structure 004-02
Bohannan s Huston Delailer: BDW Numbers
7 Subset: SURVEY Sheets: 1 of 2 Sheet Number 1
EXHIBIT-A
NW CORNER SEC 27
In TIN,R67W,6TH PM
b ,c!
POINT OF COMMENCEMENT
b cr
V r-
o N89°19'04"E $69°19'04"W
, m I 30.00'
I POINT OF
BEGINNING
I
W'LY LINE NW 1/4 SEC 27
TIN,R67W,6TH PM 's:
(BASIS OF BEARINGS)
I
r ` s PARCEL CONTAINS
cn
M Yi
8550 SF OR
's 0.196 ACRES
MORE OR LESS
o}
aQ
O
w .�
I
F Lo b, b TIN,R67W 6TH PM = o o TIN,R67W6THPM
E I e skv,cc
I I
I
I II.1 4111110
30:0' I 30.00'
I
I
NeS45,00' ,.....
69°19'04"E,.,
I
I
NOTE:THIS EXHIBIT MAP DOES NOT W 1/4 CORNER SEC 27
REPRESENT A MONUMENTED LAND ��TIN,R67W,6TH PM
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
„ Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
g File Name: 20140320EA04.dwg BIG AND LITTLE DRY CREEK CORRIDORS
9.1 Horizontal Scale: 1"=30' Vertical Scale: N.A. TEMPORARY EASEMENT 20140320
o Designer: RDS Structure 004-02
Bohannan_Huston Detail t: BDW Numbers
SURVEY VEY Sheets: 2 of 2 Sheet Number 2
Point W.9 Request for Taxpayer - - Give form to.the
(Rev.November2005) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS..
Internal Revenue Service
of - Name(as shown on your income tax return)
i/A t; 1 d e /le&1%i rd 7C in,ly /ru,c/
D- Business name,if different from above
C
o .
w
to a o Individual/ ��//�� Exempt from backup
Check appropriate box: Sole proprietor ❑ Corporation [] Partnership [] Other 1.-rld7tt/-
b`20 r'k5`t' ❑ withholding
0 2
Address(number,street,and apt.or suite no.) Requester's name and address(optional)'
C O r/ .
o`.; g-7O'7 c jed 7 0-,C:PeCti' /-4$-SOri'iteC l�ev
' City,state,and ZIP code y oa I Fc;1 Sr
Qit f �1 �cICO . Fe-'(00 ' D.,-,Aver' Cam• &C; 216
m
List accoun mber(s)here(optional) '
to
m .
jiD Taxpayer Identification Number(TIN) .
Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number I
- backup withholding.For individuals,this is your social security number(SSN).However,for a resident I I t I I I
alien,sold 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 to get a TIN on page 3: or
Note.jf the account is in more than one name,see the chart on.page 4 for guidelines on whose �Etm'plloy�erlidentificationnumber
number to enter. . ^{wi-(v l 7l•b L /I..5.13 Ig,
Part II Certification .
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 Service(IRSI that I am subject to backup withholding as a result of a failure fa 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 U.S. 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 current&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 signature of . / J
Here U.S.Person ► e(i. tJ �7 {i 2�Gf I Date► /L1 Q,L-C--� '1„7 qr O/ y
Purpose of Form • An individuat who is a citizen or resident of the United
A person who is required to file an information return with the States,
IRS,must obtain your correct taxpayer identification number • A partnership,corporation, company, or association
(TIN)to report,for example, income paid to you,real estate created or organized in the United States or under the laws
transactions, mortgage interest you paid, acquisition or of the United States, or
abandonment of secured property,cancellation of debt, or • Any estate(other than a foreign estate)or trust. Sed
contributions you made to an IRA. Regulations sections 301.2701-6(a)and 7(a)for additional
U.S. person.Use Form W-9 only if you are a U.S. person information. .
(including a resident alien),to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a
person requesting it(the requester)and,when applicable,to: trade or business in the United States are generally required
1.Certify that the TIN you are giving is correct(or you are to pay a withholding-tax on any foreign partners'share of
waiting for a number to be issued), income from such business.Further, in certain cases where a
2.Certify that you are not subject to backup withholding,or Form W-9 has not been received,a partnership is required to
presume that a partner is a foreign person, and pay the
3.Claim exemption from backup withholding if you are a withholding tax.Therefore, if you are a U.S.person that is a
U.S.exempt payee. partner in a partnership conducting a trade or business in the
In 3 above, if applicable;you are also certifying that'as a United States, provide Form W-9 to the partnership to
U.S. person, your allocable share of any partnership income establish your U.S.status and avoid withholding on your
from a U.S.trade or business is not subject to the share of partnership income.
withholding tax on foreign partners'share of effectively
connected income. The person who gives Form W-9 to the partnership for
purposes of establishing its U.S.status and avoiding
Note.If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the
request your TIN,you must use the requester's form if it is partnership conducting a trade or business in the United
substantially similar to this Form-W-9. - States is in the following cases:
For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity,
are:
Cat No.10231X Fonn W-9 (Rev.11-2005)
STASLPt tN`OFAU'1IOBIF? •
- 1. This Statemen,t ofAuthorit relates to an enta t named.. ,t-
•
and is executed on behalf of the entity pursuant to the*visions of Section •
38-30-172,C.R.S. .
• 2. The type of entity is a: '
El corporation El registered limited liability partnership
El nonprofit corporation El registered limited liability Umited partnership
El limited liability company ' El limited-partnershipassociation
_ El general partnership • El government or governmental subdivision or agency
El _limited partnership . . I trust(Section 38=30-1085,CRS.). -
. O
-
3. The entity is formed under the laws of -
4- The mailing address for the entity is - • -
•
5. The- Ll name El position of each person authorized to execute instruments conveying,encumbering, or
otherwise affecting title Ko Peal property on behalf of the entity is -
. OcLk re c >.7o&,_t-C . 'r5 a <<" , . t
62 The authority of thefo±egoingpecso L)to bind the entity is fit not limited ❑ limited as-follows:
7. Other matters contenting the mane•in which the entity deals with interests in real property: -•Executed this `J/daybf "721 eve s% 207/V • .�'
• . - /l Qii C.2.(* c $.-,i , at i /; z
•
. Signature(Type o&Print Name Beto
. Ca -a(- "C. tiv4;‘Q ro - TuS4E
- STATE OP COLORADO '• •
}ss.
County of -
The foregoing instrument was acknowledgedbefore me this day of ,2l) • , ' -
by -
Witness any hand and official seal. -
My commission expires:
• rotary Public
'This fonn should not be used unless the entity is capable of holding tide to real property. .
2The absence of any limitation shall be prima fade evidence that no such limitation exists.
3Thc statement of authority mustbe recorded to obtain the beaefts of the statute.
•
No-1112.Het S-01 8%4i3ihrNior4DiORITY
1743 Vine St,Dinar,CD Soup_—(303)292:25D—vrn,:;.b of mdp'ubit=i-;—m—445
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