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Home My WebLink About20141377.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, AS PART OF THE COUNTY ROAD 49 EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN- MARK BARR 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 East 18th Street, as part of the County Road 49 Extension 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 Mark Barr, 16247 Weld County Road 50, LaSalle, Colorado 80645, commencing April 1, 2014, and ending March 31, 2016, 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 Purchase of Temporary Construction Easement for Certain Improvements to East 18th Street, as part of the County Road 49 Extension 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 Mark Barr, 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 Pw( c, L5) 5/19 2014-1377 EG0070 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT— MARK BARR 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 April 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: t 6u+K/ t./ , I 4S � Gc Wi�C ouglasRademacher Chair Weld County Clerk to the Board ,aS� bara Kirkmeye , Pro-Tem BY: ► 1.., i _J I ! u:�i� Q : ;- onway : Dep ly Clerk to the Boa . I" �= APP D ORM: Mike Fr-man y Attorney (64"9 William F. Garcia Date of signature: bib 2- 2014-1377 EG0070 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18th STREET BEING PART OF THE WELD COUNTY ROAD 49 EXTENSION PROJECT BETWEEN MARK BARR AND WELD COUNTY," COLORADO / 1 THIS AGREEMENT is made this Jr day of 07 , 2014, by and between Mark Barr, whose address is 16247 Weld County Road 50,LaSalle,Colorado 80645,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 East 18th Street 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 rebuild existing access 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 Three Hundred,and no/100 Dollars, ($300.00). 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. Agmt for Purchase of Temp Easement-Immed Possession Page 1 2014-1377 4. This Temporary Construction Easement shall commence on April 1,2014,and shall expire and be of no further force or effect on April 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. The parties agree that County shall pay Owner for the Temporary Construction Easement by County warrant within ten (30) 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-Immed Possession Page 2 MISCELLANEOUS I. Although the date of the transfer of the Temporary Construction Easement shall be the date of County's execution of this Agreement,it is expressly agreed by the parties hereto that immediately upon execution of this Agreement by Owner, County, its contractors,agents,employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Temporary Construction Easement for the purposes of constructing the Road Improvement Project and the 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 inuretothebenefitofand be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. 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. 4. 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. 5. 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. 6. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of Temp Easement-Immed Possession Page 3 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. By: 1 Q,I (a) /3 (1 vL L Mark Barr BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C �lcn C, Ls q≥ r-va meow swactugla4 Rademac er, Chair Weld County Clerk to the Board t% ifik EaLe\ MAY 052014 ., ,,/ tafteg2 � BY QQ �lJUY �(� te5 • 0 Deputy Clerk to the Board r Fr Kt Agmt for Purchase of Temp Easement-Immed Possession Page 4 at, Y--/377 EXHIBIT-A SE 1/4 SIT-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3524123 & 3609314 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 11 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'52" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF EAST 18TH STREET A DISTANCE OF 1257.47 FEET; THENCE NORTH 75'28'07" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 257.46 FEET TO A POINT OF CURVE TO THE LEFT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 182.99 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 778.11 FEET, CENTRAL ANGLE IS 13'28'28" AND WHOSE CHORD BEARS NORTH 79'44'26" WEST A DISTANCE OF 182.57 FEET AND BEING THE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 00'41'07" WEST A DISTANCE OF 62.19 FEET; THENCE NORTH 89'18'53" WEST A DISTANCE OF 20.75 FEET; THENCE NORTH 45'50'28" WEST A DISTANCE OF 26.52 FEET; THENCE NORTH 00'41'07" EAST A DISTANCE OF 10.11 FEET; THENCE NORTH 8918'53" WEST A DISTANCE OF 54.69 FEET; THENCE NORTH 00'41'07" EAST TO A POINT ON SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 31.12 FEET; THENCE NORTH 88'24'24" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 81.63 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 13.13 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 778.11 FEET, CENTRAL ANGLE IS 00'58'02" AND WHOSE CHORD BEARS SOUTH 86'57'41" EAST A DISTANCE OF 13.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,076.84 sf. OR 0.09 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 TEMPORARY WELD COUNTY DEPARTMENT >g6i OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION PROJECT BARR PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO CO O U NJ DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of2 EXHIBIT-A SE 1/4 SII-T5N-R65W E 1/4 NOR CITY OF GREELEY S11-T5N-R65W FND 2 1/2" A.C. - - - - - - - - - - -�. - - -- - - -P.O.B.- - - - � .. S#23501 _ STMP. L 6 ST._ - i - - - -EXISTING- - - - .,2 IL=182.99' 25.6 ; 60' ROW TEMPORARY R=778.111 RD.BK.1/PG.153 EASEMENT A=13.28'28" NOV. 18, 1872 ACQUIRED CB=N79'44'26"W 4,076.84 sf. C=182.57' OR 0.09 ac.± k14 to L=13.13' in N MARCY R=778.11' rn z A=00'58'02" N E CB=S86'57'41"E w C=13.13' m 3w N0 _ N, .. , , .,, ,,.. -vc"7",1 :S5 - - V! V o 0 co N:lADN89'18'53"W o in u N 7' MARK BARR DETAIL RECP.#3524123/3609314/ -NTS w w z z J z i LINE TABLE ri ce O LINE BEARING DISTANCE ( O w _L1 N89'18'53"W 20.75' .)'J'. I CC V) L2 N45'50'28"W 26.52' SI/-75v-R65Wa. L3 N00'41'07"E 10.11' , L4 N00'41'07"E 31.12' SE COR S11-T5N-R65W w FND 2J¢" ALUM. CAP 1 - - - - - - STAMPED POWERS ELEV. LS#25385 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE P.O.C. ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT TEMPORARY ..L„4.:4„,!.86a OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION i J PROJECT BARR � ) \� c �'1? _� PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO G O U NI T Y DATE: 3-10-14 DRAWN BY: JHB SHEET: 2 of 2 Hello