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Home My WebLink About20142008.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 34 (FLOOD REPAIRS TO EM-BR34-17A) AND AUTHORIZE CHAIR TO SIGN - BENNETT AND EMMA HOUSTON 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 a Temporary Construction Easement for Certain Improvements to County Road 34 (Flood Repairs to EM-BR34-17A), 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 Bennett and Emma Houston, 9053 CR 34, Platteville, Colorado 80651, commencing May 1, 2014, and ending April 30, 2015, or the completion of said project, whichever is earlier, 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 a Temporary Construction Easement for Certain Improvements to County Road 34 (Flood Repairs to EM-BR34-17A), 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 Bennett and Emma Houston 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: PIJ(Ft,ER,Ci4,im)o cm,0=466) 6s CTS) acct-,p 8-7-H 2014-2008 EG0070 BC0045 TEMPORARY CONSTRUCTION EASEMENT - BENNET AND EMMA HOUSTON (CR 34, EM-BR34-17A) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST ,,,,,,// C/ ��C,L�o%ti Douglas Rademacher Chair Weld County Clerk to the Board R� � •! E °� bara Kirkmeyer, Pm / D-•! y Clerk to the '�(�G.' 4119 Lean P. Conway el, SW 77)AS T M. ‘au Mike Fr m C-, t torney illiam . Garcia Date of signature: -7-17 2014-2008 EG0070 BC0045 MEMORANDUM 156, J TO: Esther Gesick, Clerk to the Board DATE: July 2, 2014 . FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Temporary Construction Easement for EM-BR34- 17A Flood Repair Project Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me for my records. BR34-17A had some flood damages around the abutments in the September 2013 floods. The bridge is located on CR 34 and the St. Vrain Creek approximately 1.5 miles southwest of the St. Vrain Power Plant. 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 Bennett and Emma Houston. 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. RECEIVED JUL 0 2 2014 WELD COUNTY COMMISSIONERS 2014-2008 Page 1 of l M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\34-17A\Phase I Work\Phase 1 Temp Easements\EM-BR34-17A Houston Temp Easement Memo to BOCC docx • AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 34. BETWEEN BENNETT R. HOUSTON AND EMMA A. HOUSTON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this +z a day of ‘,.„.4E, ,2014,by and between Bennett R. Houston and Emma A. Houston ,whose address is 9053 County Road 34,Platteville, Colorado 80651,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 34,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 4035677 Pages: 1 of 4 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �1111��1I4�4�l1�� h'l�N,Wlik'riDIV%I lit'WI Iv II III �©iL/-aoo b' • 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 4035677 Pages: 2 of 4 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ��1��11N0lILli�l ;Ih9tFjDN.'S Willi 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 4035677 Pages: 3 of 4 08/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIII M��1M�V��ieri L4�hi��,k Ni4^ : I�lf �� 11111 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. Bennett R. Houston Emma A. Houston BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ?OO 0-9 cautkottrem W. S , ,g. Douglas(Rademacher, Chair JUL 0 7 2014 Weld County Clerk to the Boar N.;, E BY• —iS" Deputy Cler to the Board ftwasa Utitiet Agmt for Purchase of Temp Easement-Possession Following Payment Page 4 4035677 Pages: 4 of 4 05/04/2014 02:00 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO II III l/I��oD U R�Cthl+kiiildrY4r� Hello