HomeMy WebLinkAbout20141382.tiffRESOLUTION
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 -
DAVID AND HOLLY REX
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 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 David
and Holly Rex, 1767 CR 20.5, 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 David and Holly Rex, 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'PVJek,,C_`OIA,`__R,CI-0OEMO't(W
P(Cck (6c) CFt C66, 5#}> GS
5/,9
2014-1382
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 20.5 (EM-BR20.5/3B FLOOD REPAIR PROJECT) — DAVID
AND HOLLY REX
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 May 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: _ {/''J/,ap/ 'd'
Weld County Clerk to the Boar
BY
Dep
APP
ty ttorney
Date of signature: 5 ` ( a
can P. Conway
Mike Freemap.
/
Cllz -,
i liam F. Garcia
ro-Tem
2014-1382
EG0070
BC0045
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 28, 2014
FROM: Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Temporary Construction Easement for EM-BR20.5-
3B Flood Repair Project - Rex
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 in the September 2013 floods. The bridge is
located on CR 20.5 and Boulder Creek approximately 1.5 miles west of CR 7. 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 David C Rex and Holly G Rex. 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.
2014-1382
Page I of I
Weld Cowry Flood 2013 Version 2\Site Specific Projects Bridge Projects\20.5-3B\EM BR 20.5-3B\Phase I Work\Temp Easements \EM-BR20.5-3B Temp
Easement - Rex.docx
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 20.5,
BETWEEN DAVID C. REX AND HOLLY G. REX AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this 2Z day of Ir/ , 2014, by and between David C.
Rex and Holly G. Rex , whose address is 1767 County oad 20.5, 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
Agmt for Purchase of Temp Easement -Possession Following Payment Page 1
easements.
4. This Temporary Construction Easement shall commence on May 1, 2014, and shall
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.
David C. Rex Holly G. Rex
(Daf-c-ir4/ 4vec
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY: ih a rnd ttM
De Duty Clerk to the Board
C `))4) ki• Cz rtno o�
ougtas Rademacher, Chair MAY 0 5 2014
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
4
j
EXHIBIT A
PARCEL DESCRIPTION
A parcel of land being a part of that parcel as described in the Warranty Deed recorded January 4,
2013 as Reception No. 3900643 at the records of the Weld County Clerk and Recorder and being a
part of the Northeast Quarter (NEI/4) of Section Seventeen (17), Township Two North (T.2N),
Range Sixty-eight West (R.68W), of the Sixth Principal Meridian (6h P.M.), County of Weld, State
of Colorado, and being more particularly described as follows;
COMMENCING at the East Quarter corner of said Section 17 and assuming the South line of the
NEl/4 of said Section 17 as bearing North 89°45'11" West, and with all other bearings contained
herein relative thereto;
THENCE North 89°45' 11" West along said South line a distance of 537.53 feet to the Southeast
corner of said Warranty Deed;
THENCE North 30°38'00" West along the Southeasterly line of said Warranty Deed a distance of
34.96 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle to the
South line of said NE1/4 and to the POINT OF BEGINNING;
THENCE North 89°45'11" West along said parallel line a distance of 200.00 feet;
THENCE North 00°13'04" West a distance of 50.00 feet to a line parallel with and 80.00 feet
Northerly of, as measured at a right angle to the South line of said NE1/4;
THENCE South 89°45'11" East along said parallel line a distance of 170.50 feet to the
Southeasterly line of said Warranty Deed;
THENCE South 30°38'00" West along said Southeasterly line a distance of 58.26 feet to the
POINT OF BEGINNING.
Said parcel contains 9,263 Square Feet or 0.213 Acres more or less (±), and may be subject to any
rights -of -way or other easements 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
Steven Parks -on beha
Colorado Licensed Professi
Land Surveyor #38348
KING SURVEYORS
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
R:\2014149\ EXHIBIT\ 2014149EXHIBIT_C.Docx I of 2
PARCEL DESCRIPTION
EXHIBIT A
NE 1/4 SECTION 17
T.2N., R.68W.
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.
40 20 0 40
1"= 40'
RECNO. 2360348
O
u)
n
W
REC NO. 3900643
in
1n
Steven Parks — On Be
Colorado Licensed Profession
Land Surveyor #38346
S
PAGE 2 OF 2
POINT OF
BEGINNING
5$
EAST QUARTER CORNER
SECTION 17, T.2N., R.68W. )(—POINT OF COMMENCEMENT
n
N0013'04"W 50.00'
a
N30'38'00"W 34.96'
0
h
CENTER QUARTER CORNER
SECTION 17, T.2N., R.68W.
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
www.kingsurveyors.com
PROJECT NO:2014149
DATE: 04/02/2014
CLIENT: ICON ENGINEERING
DWG: 2014149 EX H I B IT_ B_C
DRAWN: AML CHECKED: SIP
•
Fom W'9
(Rev. November 2005)
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
See Spectf]c Instructions on page 2.
Name shown on your income t etum)
[�as 6V/d C. /f e,Y
Business name, if different from above
Check appropriate
Partnership
Other ►
from backup
IQ �Pt from backup
withholding
Individual/ Corporation IN
box: 111"���4ernpt
Sole
In
proprietor
Address d(number, street, apt. or suite no.)
/7.67. 61< 2o,,5-"
Requester's name and address (optional).'
City, state, and ZIP code
Z,t'Ay e77e CC 9"O56
List account nu er(s) here (op nap
Inn 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, 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 Now to get a TIN on page 31
Note. If the account is in more than one name, see the chart on, page 4 for guidelines on whose
number to enter.
Part II
Certification -
Social security number '
Employer identification -number
I-IJIIII I
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 numbet to be issued to me), and
2. I am not subject to backup withholding because: (a) I are exempt from backup withholding; or (b) I have not been notified by.the Internal
Revenue Service (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 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 alt interest and dividends on your tax return. For reef estate transaction's, 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 tFjr;isistructions on page 4.) _
Sign
Here
Signatureof
U.S. person ►
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), to 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:
Date ► q— •�GT_ / y
• Aii individual who is a citizen or resident of the United
States,
• A partnership, corporation, company, or association
created 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:
e The U.S. owner of a disregarded entity and not the entity,
Cat No. 10231X Form W-9 (Rev. 11-2005)
Hello