HomeMy WebLinkAbout20141297.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 17 AND 19 AND
AUTHORIZE CHAIR TO SIGN - D AND C FARMS, LLLP
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 Roads 17 and 19, 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 D and C Farms, LLLP, 8709 County
Road 4, Brighton, Colorado 80603, 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 Roads 17 and 19, 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 D and C Farms, LLLP, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
'191A1 1 INA t)
5/?J II'!
2014-1297
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CRS 17 and 19— D AND C FARMS, LLLP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
01-
ATTEST: L � ( V�C.1c -
� , / •rk Dougla$ Rademacher, Chair
Weld County Clerk to the Board
EXCUSED
arbara Kirkmeyer, Pro-Tem
BY: II d a
uty Clerk to the B I ( =iJ
an P. Conway
APPRO ASTOJe;.-1 . %®(��p� �c
XCUSED
fin. I Mike Freiman
unty A rney 4
Witham F. Garcia
Date of signature: 5�ad�/4
2014-1297
EG0070
BC0045
MEMORANDUM
TO: Clerk to the Board DATE: April 23, 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 WCs
17 and 19 with D & C Farms LLLP (John E.Howard, D. Gary Howard, Diana G. Howard) in
the amount of$500.
Attached is one original Agreement.
M?Frenci°AGENDA memos\AgendaNrkesedeil-6.docx
2014-1297
14.28. N
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 17 AND 19,
BETWEEN D & C FARMS, LLLP,A COLORADO LIMITED LIABILITY
PARTNERSHIP, AN UNDIVIDED 5/12 INTEREST, D. GARY HOWARD, AN
UNDIVIDED 5/12 INTEREST,JOHN E. HOWARD & DIANA G. HOWARD, AN
UNDIVIDED 2/12 INTEREST,AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 3/ day of 22a4,-_, , 2014, by and between D& C
Farms, LLLP, et al, whose address is 8709 County Road 4, Brighton, Colorado 80603, 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 17 and 19,
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.
Agmt for Purchase of Temp Easement-Possession Following Payment Page 1
•
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.
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.
D & C Farms LLLP D. Gary Howard By: tr °74 D/ i'I" " _""�"n J n E. Howard Diana G. Howard
cett- 21770.A.A.CV-4---Kfi %let 0°L, cC/ 40'(
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:(,/ lr� pc� ynri itr
.V. ) < -k L Po as Rade ache(, Chair APR 2 8 2014
Weld County Clerk to the Board 4 s _ a
BY- ♦ 361 tfr
IGl
Deputy Clerk to the Board
Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 1
NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28;
THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 00°43'50"WEST, 527.69
FEET;
THENCE DEPARTING SAID WESTERLY LINE, NORTH 89°16'10" EAST, 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 17, 60.00 FEET WIDE, AS ESTABLISHED PER WELD
COUNTY ROAD VIEWER'S REPORT FILED IN BOOK 100, PAGE 845, RECORDS OF SAID WELD COUNTY, SAID
POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, NORTH 00°43'50"WEST, 150.00 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, NORTH 89°16'10" EAST, 25.00 FEET;
THENCE SOUTH 00°43'50" EAST, 150.00 FEET;
THENCE SOUTH 89°16'10"WEST, 25.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 3,750 SQUARE FEET OR 0.086 ACRES, MORE OR LESS
AS SHOWN ON THE ATTACHED EXHIBIT.
ROBERT D. SNODGRASS, PLS 36580
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
FOR AND ON BEHALF OF BOHANNAN HUSTON, INC.
9785 MAROON CIRCLE, SUITE 140
ENGLEWOOD, CO 80112
Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
a File Name: 20140320EA03.dwg BIG AND LITTLE DRY CREEK CORRIDORS
Horizontal Scale: N.A. Vertical Scale: N.A. TEMPORARY EASEMENT 20140320
Designer: RDS Structure 003-02
Bohannan _Huston Detwiler: gDW Numbers
a Subset: SURVEY Sheets: I of 2
Sheet Number
EXHIBIT-A
-,�W 1/4 CORNER SEC 28
TIN,R67W,6TH PM
I N89'16'10"E
25.00'
PARCEL CONTAINS
• 3750 SF OR
I 0.086 ACRES
30.00' I _ 30.00 MORE OR LESS
N-
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it U- I w
Ln
SE 1/4 SEC 29 � I In $,' 8 j m SW 1/4 SEC 28
TIN,R67W,6TH PM 7 I -4- 8':;,� ° TIN,R67W,6TH PM
0 0
O OZ y
U E[
0b
W co
WLY LINE SW 1/4 SEC 28
TIN,R67W,6TH PM
(BASIS OF BEARINGS)
N89°16'10"E 25.00'
F 30.00' S89°16'10'W
$ POINT OF
[n `r° BEGINNING
sr El
ol-
ZI
NOTE:THIS EXHIBIT MAP DOES NOT SW CORNER SEC 28
REPRESENT A MONUMENTED LAND TIN,R67W,6TH PM
SURVEY OR LAND SURVEY PLAT. /POINT OF COMMENCEMENT
IT IS INTENDED TO ILLUSTRATE THE rJ
ATTACHED PROPERTY DESCRIPTION -
ONLY.
„ Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
n File Name: 20140320EA03.dwg BIG AND LITTLE DRY CREEK CORRIDORS
o Horizontal Scale: r'=30' Vertical Scale: N.A. TEMPORARY EASEMENT 20140320
iii Designer: RDS Structure 003-02
- Bohannan _Huston Retailer BOW Numbers
Subset: SURVEY Sheets: 2 of 2 Sheet Number 2
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 1
NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28;
THENCE ALONG THE EASTERLY LINE OF SAID NORTHEAST QUARTER, SOUTH 00°40'56" EAST, 30.00 FEET;
THENCE DEPARTING SAID EASTERLY LINE, SOUTH 89°19'04"WEST, 30.00 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 19, 60.00 FEET WIDE,AS ESTABLISHED PER WELD
COUNTY ROAD VIEWER'S REPORT FILED IN BOOK 100, PAGE 248, RECORDS OF SAID WELD COUNTY, SAID
POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00°40'56" EAST, 250.00 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY, SOUTH 89°19'04"WEST, 70.00 FEET;
THENCE NORTH 00°40'56"WEST, 250.00 FEET;
THENCE NORTH 89°19'04" EAST, 70.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 17,500 SQUARE FEET OR 0.402 ACRES, MORE OR LESS
AS SHOWN ON THE ATTACHED EXHIBIT.
ROBERT D. SNODGRASS, PLS 36580
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
FOR AND ON BEHALF OF BOHANNAN HUSTON, INC.
9785 MAROON CIRCLE, SUITE 140
ENGLEWOOD, CO 80112
Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
a File Name: 20140320EA04.dwg BIG AND LITTLE DRY CREEK CORRIDORS
Horizontal Scale: N.A. Vertical Scale: N.A. TEMPORARY EASEMENT 20140320
Designer: RDS Structure 004-02
Bohannan _Huston Design: BDW Numbers
Subset: SURVEY Sheets: 1 of 2 Sheet Number
Y
EXHIBIT-A
w
POINT OF o 0
BEGINNING <
o ren NE CORNER SEC 28
m TIN,R67W,6TH PM
N89°19'04'E S89°19'04"W POINT OF COMMENCEMENT
70.00' 30.00'
ELY LINE NE 1/4 SEC 28
TIN,R67W,6TH PM
(BASIS OF BEARINGS)
PARCEL CONTAINS
OR
0.402 ACRES F
MORE OR LESS
•(ht � I
cM' I rn
f vp
i @ 4 O
A
r.e W I �
NE1/4 SEC 28 OS r 'o Z� NW1/4 SEC 27
TIN,R67W,6TH PM w 1 " re:
Z TIN,R67W,6TH PM
Z
O O
° U CC
Ob
W co
S t
30.00' Ili 30.00'
He
� I
� I
S89°19'04"W
NOTE:THIS EXHIBIT MAP DOES NOT L E 1/4 CORNER SEC 28
REPRESENT A MONUMENTED LAND 'c/ TIN,R67W,6TH PM
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
„ Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
n File Name: 20140320EA04.dwg BIG AND LITTLE DRY CREEK CORRIDORS
Horizontal Scale: 1"=40' Vertical Scale: N.A. TEMPORARY EASEMENT 20140320
Designer: RDS Structure 004-02
Bohannan _Huston Detailec BDW Numbers
Subset: SURVEY Sheets: 2 of 2 Sheet Number 2
Forth W..9 Request for Taxpayer • Give form tathe
(Rev.November 2005) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS..
Internal Revenue Service
N - Name(as shown on your income tax return) - .
e Dd• C Fat-,}1 < LCL P •
ct Business name,if different from above
C
O
-
o w
o.o Individual/ Id Exempt from backup
i.-
4-1-1 Check appropriate box: ❑ Sole proprietor ❑ .Corporation �l Partnership Other►. ❑ withholding
n2 .
Address(numbeet,and apt,or su_it@no.) Requester's name and address(option*
�
S7o(7 Cr,stre �LR U
City,state,an ZIP code
__P)i4 -71 eV gtD6C) � .
m •
.
aList a unt number(s)here(optional) ,
m .
m
:al Taxpayer Identification Number(TIN)
Enter 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 114- l + III
alien,sole proprietor, or disregarded entity,see the Perri instructions on page 3.For other entities,it is
your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3: or .
Note.If the account is in more than one name,see the chart on.page 4 for guidelines on whose Ermploy`er identification7number
number to enter. • ! l 131'" i I�f.3I 71O1 bl2I-
Part H 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. I am 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(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 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 art 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 Signature of Art iott� ) /(�,Het a U.S.Person I I r , i I Date (. r C.I'� �' /Purpose of Form �.J • An individual who is a citizen or.resident of the United
A person who is required to file an inform on return with the States, -
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 created 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:
i 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)
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity'named
afC '7Mr -z,-, tif LLL P
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
❑ nonprofit corporation t registered limited liability limited partnership
❑ limited liability company O limited partnership association
❑ general partnership O government or governmental subdivision or agency
❑ limited partnership O trust(Section 38-30-108.5,C.R.S.)
O
3. The entity is formed under-the laws of CO /o r&d
4. The mailing address for the entity is e 7l 0 C R ( L),--/-4, f/h1, c6 . gd/r:o
5. The L7 name O position of each person authorized to execute instruments onveying, enc berink, orr
otherwise affecting title to real property on behalf of the entity is P Q r7 /' e fact) P<p /&x/11
6.2 The authority of the foregoing person(s)to bind the entity is Ge.of limited O limited as follows:
7. Other matters concerning the manner in which the entity deals with interests in real property:
'VA
Executed this day of ,20 .
Signature(Type or Print NaLV'tk )
eow)
D. � i Pat 11C1
STATE OF COLORADO
Iss.
County of
The foregoing instrument was acknowledged before me this day of ,20 ,
by .
Witness my hand and official seal.
My commission expires:
Notary Public
'This form should not be used unless the entity is capable of holding title to real property.
2The absence of any limitation shall be prima facie evidence that no such limitation exists.
3The statement of authority must be recorded to obtain the benefits of the statute.
No.1112. Rev.B-01 STATEMENT OF AUTHORITY
Bradford Publishing,1743 Wazee St.,Denver,CO 80202—(303)292-2500—www.bradfordpublishingcom—4-06
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