HomeMy WebLinkAbout20141444.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 20.5 (FLOOD
REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - MARTIN MARIETTA
MATERIALS, INC.
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 20.5 (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 Martin
Marietta Materials, Inc., do Baden Tax Management, P.O. Box 8040, Fort Wayne, Indiana 46898,
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 20.5 (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 Martin Marietta Materials, Inc., be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
Cl eR(.8a,5a)66m/1-i(ow)Park CBC)
iS,?wCn ,3-C,EA,ct+,iM)
5/a+lSo,q
2014-1444
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 20.5 (FLOOD REPAIR PROJECT) - MARTIN MARIETTA
MATERIALS, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of May, A.D., 2014, nunc pro tunc May 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO QQ
ATTEST: �,.J ai„s{v� 3(9 MCI door
`'�'�'� )9gl Rademacher, Chair
Weld County Clerk to the Boardsvi
• rbara Kirkmeyer, '•ro-Tem
BY:
e. ty Clerk to the Bo � � CUSED
an P. Conway
APP AS T6 M: ® 1 Wtc`1Lre ---
�"�++� Mike Freem
o Attorney (1,1
William . Garcia
Date of signature: 5Ia0I t
2014-1444
EG0070
BC0045
MEMORANDUM
j TO: Esther Gesick, Clerk to the Board DATE: May 7, 2014
T
1
I/,I - FROM: Clay Kimmi, P.E., CFM, Public Works
GO_Li NTY
SUBJECT: Temporary Construction Easement for CR 20.5
Flood Repair Project— Martin Marietta, Inc.
Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to
me for my records.
CR 20.5 between CR 1 and CR 7 had an area where the September 2013 flood washed out a section of
the road. The damaged section of road is located approximately 1 mile west of CR 7. The damaged
area is in the low spot in the road and is approximately where Idaho Creek crosses the road. This
temporary construction easement is needed to access the damaged area and place turf reinforcement
mats so that future overtoppings of the road do not cause the same wash out.
The easement is with Martin Marietta, Inc. 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.
5��all�f
2014-1444
Page 1 of 1
M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\20.5-3B\EM-20_5.5-0\Phase 1 Work\Temp Easements\EM-20.5-5.0-0 Temp Easement
-Hill.docx
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 205,
BETWEEN MARTIN MARIETTA MATERIALS.INC,AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this a"`I day of May ,2014,by and between Martin
Marietta Materials,Inc.,whose address is c/o Baden Tax Management,P.O.Box 8040,Fort Wayne,
Indiana 46898,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"0"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 20.5,
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
Agent for Purchase of Temp Basement-Possession Following Payment Page 1
easements.
4. This Temporary Construction Easement shall commence on May 1,2014, mesh&
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 Comity'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 fir 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.
Apes for Purchase of Temp Easement-Possession Following Payment Pap 2
MISCELLANEOUS:
1. Following the payment by County to Owner for this transfer,it is expressly ag eedby
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 Ling 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 ofand
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 Basement-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.
Matt Marietta Materials,Inc.
Br
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
SC 1/ ; Dou ,Chair
Weld County Clerk to the .• • 'Etta�� MAY 1 2 2014
r 1
BY. Ilir ./ r i 'ii d/.% t J��u,�-e _',
Deputy Cl- Ito the Board • ar',
OuWc
Aput kr Purchase of Temp Baemsnt Powobn Following Payment Pap 4
-
EXHIBIT A
PARCEL DESCRIPTION
A parcel of land being a part of Lot B of Recorded Exemption No.1313-16-1 RE-3714(RE-
3714)as recorded on Jima 2,2004 as Reception No.3185615 at the records of the Weld County
Clerk and Recorder located in the Northeast Quarter(NEI/4)of Section Sixteen(16),Township
Two North(TIN.),Range Sixty-eight West(R.68W.),of the Sixth Principal Meridian(6a
P.M.),County of Weld,State of Colorado,and being more particularly described as follows;
COMMENCING at the Southeast corner of said Lot B and assuming the South line of said Lot
B as bearing South 89°42'03"West a distance of 658.10 feet,and with all other bearings
contained herein relative thereto;
THENCE South 89°42'03"West along said South line a distance of 182.89 fees:
THENCE North 00°17'57"West a distance of 30.00 feet to a line parallel with and 30.00 feet
Northerly of,as measured eta right angle to the South line of said Lot B,and to the POINT OF
BEGINNING;
THENCE South 89°42'03"West along said parallel line a distance of 468.88 feet to the Easterly
line of Lot A of said RE-3714;
Thence along the Easterly lines of said Lot A the following two courses:
THENCE North 11°36'25"East a distance of 20.44 feet
THENCE North 13°24'30"West a distance of 20.53 feet to a line parallel with and 70.00 feet
Northerly of,as measured at a right angle to the South line of said Lot B;
THENCE North 89°42'03"East along said parallel line a distance of 46932 feet
THENCE South 00°17'57"East a distance of 40.00 feet to the POINT OF BEGINNING.
Said Parcel contains 18,675 Square Feet or 0.429 Acres,more of less(+1-),and maybe subject to
any easements or rights of way of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATl
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 tme and
correct to the best of my knowledge and belief
Steven Pads—on •.. . •.---2- '
Colorado Licensed Profaa•
Land Surveyor 831348
KING SURVEYORS
650 Darden Drive
Windsor,Colorado 80550
(970)686-5011
rA1014149\a hlbitt2014149aMhadoot Pap 1 of 2
PARCEL DESCRIPTION E3CHIBIT A NE 1/4 SECTION 16,
T.2N.,R.68W.
PAGE 2 OF 2
SOUTHEAST CORNER Lai B I
Po UNE TABLE
OF caMwo4GIB1�1Tr
UNE BEARING LENGTH
Li 11001757V 30.00'
k I C _ 12 N1178'25•E 20.44'
1 I 134 13 N1324'30.9/ 20.53'
3� I I L4 Soo9757t 40.00'
.14
POINT OF BEGINNING
L4 I/c
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I bm^
rc
PARCEL m W 100 50 0 100
38.675 y N.fk I CD
OA7Auee a1 I m no
Y V Eg p 1'= 100'
ma
U1v
W 3 NOTE This exhibit drawing la not Attended
LOTB to be a monumented land survey. It's sole
p I p purpose Is as a graphic representation to
RE-3714 N I N aid in the Wsualtca0m of the written
: I :t n prcpcty dewiption which It accompanies.
the written property description supenedes
co Z c the exhibit drawing.
Z N
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L
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LOTA I I 1
I
RE 3714 i I I
0 Lit
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38 48 •
Steven Parks — On Bch.' "„' -�r,r-tr;;
Colorado Licensed Prof..... `'`'`""•'
Land Surveyor 138348
'n" KING SURVEYORS PROJECT NO:2014149
� �; 650li Garden Drive I Madam,Colorado 805s0 DATE:03/25/2014
11, ,,1I CUENT:ICON ENGINEERING
\ phone(970)686-5011 I fax:(970)686-5821 DWG:2014149EXNIBIT
www]dogaurveyoa.00m DRAWN:S5 CHECKED:SIP
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STATEMENT OF AUTHORITY
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1. Thig Samseet of Athy sides entity�
May-4-In viz. IAQ4e. - .qlS `rrr
and is eseerted ea behalf of the entity pun*to the provisions of Seethe
3840-172,C.R.S.
2 The,type of corky ismagoralion O registered limited liabiiky pertemship
pmaprolit corporation O registered limited liability limited pfletd p
O limited liability mammy O limited pmbemship aseddation
• ogeneral pertnaddp O government 'otiasmeatel sbdividon a s may
a II pmaaahip O amt(Section 38-30-1083,CI S.) . .
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3. The entity is famedmderthe laws of !k4.
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S. The ld mss Dimities of each pasta authorized to On instruments mays{,enamthuimg,a
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