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Home My WebLink About20141375.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 61 (FLOOD REPAIRS) AND AUTHORIZE CHAIR TO SIGN - LUMPY RIDGE, 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 Certain Improvements to County Road 61 (Flood Repairs), 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 Lumpy Ridge, LLC, PO Box 239, Loveland, Colorado, 80539, commencing April 22, 2014, and ending December 31, 2014, 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 County Road 61 (Flood Repairs), 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 Lumpy Ridge, LW, 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 -7W0MB, C.,tR,CU,JM>C.R(BB,sn) fi (ow) ftcck L6c) OEM, C15Cii) 5/19 /aoi3-1 2014-1375 EG0070 BC0045 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 61 (FLOOD REPAIRS) —LUMPY RIDGE, LLC 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 22, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: at, w sidec�a s (asp our th ;� Do gla Rademache , Chair Weld County Clerk to the Board I ]E� ��`rbara Kirkmey , Pro-Tem BY: Dep 'I Clerk to the Boar./. .. `., i .i (� a•�.a _ P. Conway • V T ORM: ©Uhl l ,,° a Fr�en'an my Attorney /L ze. ._.._ _ liam F. Garcia Date of signature: 1 P- 2014-1375 EG0070 BC0045 MEMORANDUM G a_u N_? r' TO: Clerk to the Board DATE: April 28, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda RE: Flood Related Agreement for Purchase of Temporary Construction Easement for Certain Improvements to WCR 61 with Lumpy Ridge LLC in the amount of$500. Attached is one original Agreement. M:\Francie\AGENDA memos\AgendaNIkeaedell-1.docx 2014-1375 5 a0�5� 1 q AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 61, BETWEEN LUMPY RIDGE LLC AND WELD COUNTY,COLORADO THIS AGREEMENT is made this 22"d day of April, 2014, by and between Lumpy Ridge LLC, whose address is P.O. Box 239, Loveland, CO 80539, 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 61, 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 construct the roadside ditches 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 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-firmed Possession Page I 4. This Temporary Construction Easement shall commence on April 22, 2014, and shall expire and be of no further force or effect on December 31, 2014, 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 P P Y Y 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 twenty (20) 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. County will seed the easement area when the road improvement project is completed. MISCELLANEOUS 1. 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 Agmt for Purchase of Temp Easement-Immed Possession Page 2 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 roadside ditches, 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 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. Lumpy Ridge L It , Ow - r By: V Title: BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: /,,�, � • ;e1 gal d mac er, Chairs MAY 0 5 2014 Weld County Clerk to the Board �°_�°`/� � 44 c tat BY: � Z De uty Clerk to the Board �`� Agmt for Purchase of Temp Easement-framed Possession Page 4 O2 0/17 37� EXHIBIT "A" PROJECT NUMBER: Em-Br61/54A TEMPORARY EASEMENT NUMBER: TE-61E DATE: March 31, 2014 DESCRIPTION A Temporary Easement No. TE-6I E of the County of Weld Project No. Em-Br6I/54A containing 30,000 sq. ft. (0.689 acres),more or less, in the W 1/2 of Section 19, Township 5 North, Range 63 West, of the 6th Principal Meridian. in Weld County, Colorado, being more particularly described as follows: Commencing at the SW corner of Section 19, thence N. 01°25'51" W. along the west line of said Section 19, a distance of 2,621.74 feet to the W 1/4 corner of said Section 19,thence N. 88°34'09" E., a distance of 30.00 feet more or less,to a point on the east right-of-way line of Weld County Road 61, said point also being the TRUE POINT OF BEGINNING, whence said SW corner bears S. 00°46'31" E., a distance of 2,621.91 feet; 1. Thence along said right-of-way line,N. 01°25'26" W., a distance of 44.86 feet; 2. Thence departing said right-of-way line, N. 88°34'34" E., a distance of 60.00 feet; 3. Thence S. 01°25'26" E.. a distance of 44.86 feet; 4. Thence S. 01°25'51" E., a distance of 455.14 feet; 5. Thence S. 88°34'09" W., a distance of 60.00 feet to a point on said right-of-way line; 6. Thence along said right-of-way line,N. 01°25'51" W., a distance of 455.14 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 30.000 sq. ft. (0.689 acres), more or less. The purpose of the above-described Temporary Easement is for construction and maintenance of a bridge facility. Basis of Bearings: All bearings are based on a line between the Southwest Corner of Section 19, a found 2 1/2" illegible aluminum cap, and the West 1/4 Corner of Section 19, a found 2 1/2" aluminum cap, LS 16415, said line bears N. 01°25'51" W. For and on Behalf of Weld County, Colorado Anthony E. Perano, PLS 38112 116 Inverness Drive East, Suite 105 Englewood, CO 80112 WOOLPERT `•I DESIGN I GEOSPATIAL I INFRASTRUCTURE 116 INVERNESS DRIVE EAST *105 ENGLEWOOD, COLO. 80112-5125 SHEET 2 of 2 (303) 925-1400 SCALE: 1"-100' CHECKED BY: C.R.R. DATE: 03/31/2014 BY: AEP JOB NO.: 74153 FILE NAME: G:\GS\Projects\74153_Weld_County\Drawings\61E.dgn TE 61E NOTES: EXI I BIT A N NW CORNER ,i, SECTION 19 FOUND 3" ALUMINUM CAP STAMPED "LS 7242" N0 1°25'26"W °25'26"W t `- N88°34'34"E 44.86' ` 60.00' J POINT OF BEGINNING ooIu, 1 N 1 .4°. 0' 50' 100' 200 I WEST I/4 CORNER SCALE 1..-100.SECTION 19 FOUND 2-1/I" ALUMINUM CAP .---1 N88°34'09"E STAMPED "LS 16415" co 30.00' ICt 10 .Y0I— SE 1/4 �' �"30-60'-I SECTION 24 I 4 T.5N, R.64W. Ln Ln in Ln SW 1/4 W SECTION 19 I NI N T.5N, R.63W. I p o l 0 "' o c) Z7) z co TEMPORARY EASEMENT I I AREA 0.689 AC L. ' (30,000 SF) tom, • cn -' N - (D N I 1 N � \ o - r I o S88°34'09"W r z o 60.00' X tiJ 0 W •INDICATES CHANGE IN DIRECTION ONLY I I I - L. I I I NOTE: ; POINT OF COMMENCEMENT THIS DOES NOT REPRESENT A SW CORNER MONUMENTED SURVEY. IT IS INTENDED SECTION 19 ONLY TO DEPICT THE ATTACHED DESCRIPTION. FOUND 2-1*" ILLEGIBLE ALUMINUM CAP Hello