HomeMy WebLinkAbout20141248.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 20.5
(EM-BR20.5/3B FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN -
SQUIRREL HOLDINGS, LLC
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 EM-BR20.5/3B 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 Squirrel Holdings, LLC, 11732 Crystal View Lane,
Longmont, Colorado, 80504, 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 (EM-BR20.5/3B 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 Squirrel Holdings, LLC, 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- Pu)Li-C CK 41 1Ct(,1M>
ACC"F , OE MI C'S, CA-Ube;5A)
S/12
2014-1248
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 20.5 (EM-BR20.5/3B FLOOD REPAIR
PROJECT) - SQUIRREL HOLDINGS, LLC
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
t WELD COUNTY, COLORADO
ATTEST: G! ;(„k of ,��ue ��I
��..� Doyglak. Radema er, hair
Weld County Clerk to the Board,$
ra `
Kirkmeyer, ro-Tem �'�'
B' /1 P/ ,,.I� 1` �`•"�'' /
Dep Clerk to the Boar4111 %..s
V Pr' `.=T P. Conway
\tit C`401
APP FORM: ♦ I , c
Mike Freem
7
my Attorney d/�� �
WiMham F. Garcia
Date of signature: 6/711q
2014-1248
EG0070
BC0045
1861 MEMORANDUM
li a TO: Esther Gesick, Clerk to the Board DATE: April 17, 2014
FI FROM: Clay Kimmi, P.E., CFM, Public Works
1iOu� TYj
SUBJECT: Temporary Construction Easement for EM-BR20.5-
3B Flood Repair Project
Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to
me for my records.
BR20.5/3B had some flood damages around the abutments and piers in the September 2013 floods. The
bridge is located on CR 20.5 and Boulder Creek. This temporary construction easement is needed to
access the abutments and piers for BR20.5/3B. The easement will allow the contractor to repair the flood
damages by placing riprap at the piers and on the abutments.
The easement is with Squirrel Holdings, LLC. 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.
2014-1248
Page l of 1
M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\20.5-3B\EM BR 20.5-3B\Phase 1 Work\Temp Easements\EM-BR20.5-3B Temp
Easement-Squirrel Holdings does
•
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 20.5,
BETWEEN SQUIRREL HOLDINGS LLC AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 3 day of Appj t_ ,2014,by and between Squirrel
Holdings LLC whose address is 11732 Crystal View Lane,Longmont,Colorado 80504 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 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
easements.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 1
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.
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 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.
Squirrel Holdings LLC
VCSNI 5rttaAk
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:l!�� �,,,,,// L 'Au/' potr4�')
C/ fries.
Douglas Rademacher, Chair
Weld County Clerk to the Board , ` APR 2 1 2014
BY. 4IM e la
nd
11U I VA 101ties2Deputy Clerk to the Board "?
Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
c2C'9 /02
EXHIBIT A
PARCEL DESCRIPTION
A parcel of land being a part of Lot B of Recorded Exemption No. 1313-17-4 RE-3523(RE-3523)
as recorded on October 10,2003 as Reception No.3116106 at the records of the Weld County
Clerk and Recorder and being a part of the Southeast Quarter(SE1/4)of Section Seventeen(17),
Township Two North(T.2N),Range Sixty-eight West(R.68 W),of the Sixth Principal Meridian
(6`h P.M.),County of Weld,State of Colorado,and being more particularly described as follows;
COMMENCING at the Northeasterly comer of said Lot B and assuming the North line of said Lot
B as bearing North 89°53'09"East a distance of 628.13 feet,with all other bearings contained
herein relative thereto;
THENCE South 89°53'09"West along said North line a distance of 45.00 feet to the POINT OF
BEGINNING;
THENCE South 00°06'51"East a distance of 75.00 feet to a line parallel with and 75.00 feet
Southerly of,as measured at a right angle to the North line of said Lot B;THENCE South 89°53'09"West along said parallel line a distance of 320.00 feet;
THENCE North 00°06'51"West a distance of 75.00 feet to the North line of said Lot B;
THENCE North 89°53'09"East along said North line a distance of 320.00 feet to the POINT OF
BEGINNING.
Said parcel contains 24,000 sq.feet or 0.551 acres more or less(±),and maybe subject to any
easements or rights of way of record or 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.
t„0 0 Lie
•,��yfN PARS
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Steven Parks-on beh eyors
Colorado Licensed Professional
Land Surveyor#38348
KING SURVEYORS
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
R:\2014149\EXHIBIT\2014149EXHIBIT_B.Docx I of2
• PARCEL DESCRIPTION EXHIBIT A SE 1/4 SECTION 17
T.2N., R.68W.
PAGE 2 OF 2
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Colorado Licensed Professional
Land Surveyor #38348
la.e KING SURVEYORS PROJECT NO:2014149
•J 7,� DATE:04/02/2014
iiiI: 650 E.Garden Drive I Windsor,Colorado 80550 CLIENT:ICON ENGINEERING
\� ►�✓.i phone:(970)686-5011 I fax:(970)686-5821 DWG:2014149EXIBIT_B_C
www.ldngsurveyors.com DRAWN:AML CHECKED:SIP
STATEMENT OF AUTHORITY
•
1. This Statement of Authority relates to a ent,itIl named L2-6
and is executed on behalf of the entity pursuant to the provisions of Section
38-30-172,C.R.S.
• 2. The type of entity is a:
❑ corporation O registered limited liability partnership
El nonprofit corporation O registered limited liability limited partnership
(.limited liability company El limited partnership association
El general partnership O government or governmental subdivision or agency
❑ limited partnership O trust(Section 38-30-108.5,C.R.S.)
❑ I
3. The entity is formed under the laws ofQ l ON`C►.1 _
4. The mailing address for the entity is 1/ T-3 2-- ��y STt V� "�
•
5. The ,®' name ..position of each person authorized to execute truments conveyin , encumbering, or
otherwise affecting title to real property on behalf of the entity is NA A) /� . ,S7�G✓ T i__
AA, u.wtA- Cle
6?The authority of the foregoing person(s)to bind the entity is Lixtot limited O limited as follows: •
7. Other matters concerning the manner in which the entity deals with interests in real property:
/‘)/
Executed this 3 day of Ap/—t�� ,20 1 V .
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\ �"t_`1 iA .
, ?:.A
Signature(Type or Print Name Below) .
A)Mk) /11, STv r
STATE OF COLORADO
ss.
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/0��-e.)-0 County of W
The foregoing in trum nt was acknowledged bef re me this day of /Peen'/ ,20/_,
by _ /VA Ai S 14v�✓- t, /a LA--.�j - . .
Witness my h• d and of li t e r" A SCNt1MANN J
My commissi, ' expires: . . . •, ; ' ''
State or Colorado Notary Pub is
Notary Ip i99640i8$15
My Commission Ex i ire8 Mu i •
'This form should not be used unless t e end i .... . ing title to real property.
2The absence of any limitation shall be prima fade evidence that no such limitation exists.
3The statement of authority must be recorded to obtain the benefits of the statute.
No.1112. Rev.8-01 STATEMENT OF AUTHORITY
Bradford Publishing,1743 Wazee St.,Denver,CO 80202—(303)292-2500—www.bradfordpublishing.com—4-06
•
• Form itY M9 Request for Taxpayer •
• Give form to-the
(Rev.November 2005) Identification Number and Certification requester. Do not
Department of the Treasury send'to the IRS.,
Internal Revenue Service
d • Name(as shown on your income tax return) • .
• a : `, :�I P..JZ L j-Ic�t'biIJ 651 1-LG -
i1 Business name,if different from above .
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o a d 0 corporation ❑ Partnership [Other I►. •I- ❑ Exempt from backup
o p proprietor withholding
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:..y Address(ntxnber,street,and apt.or suite no.) • Requebtei's name and address(optionai!'
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City,state,and ZIP code .
2 Low6 bA�l`� CG wit .
0) List account number(s)here'(optional) •
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Part i Taxpayer Identification Number(TiN). .
Ent€r your TIN In the appropriate box.The TIN provided must match the name given on Line 1 to avoid social security number
- backup withholding.For individuals,this is your social security number(SSN).However,for a resident . I I Ti In I JP
alien,sole proprietor,or disregarded entity,see the Part i instructions on page 3.For other entities,ft ie
• your'employer identification number(EIN).if you do not have a number,see Now to get a TIN on page 3: or
• • "Note.If the account as in more than one name,see the chart on,page 4 for guidelines on whose Employer identification-number
number to enter. • t 144'1 I' [Gig b 1345
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. lam 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 OAS}that I am subject to backup withholding as a result of a failure tb 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 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 Signatureof ���,,Jyy,��rr.
Here u.s.person ►\s4�.4(L. /l t;J Fhc'rrtir Date►•'_ `(`_3"j (' •
Purpose of.Form • An individual who is a citizen or resident of the United -
A person who is required to file an information return with the Sta₹es,
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 cleated 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.See
contributions you made to an IRA. Regulations sections 301.7701-6(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 Form W-9 (Rev.11-2005)
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