HomeMy WebLinkAbout20141381.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 16.5
(EM-BR16.5/1B FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN -
LESLIE WILLIAMS, JR., AND MARTHA WILLIAMS
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 16.5 (EM-BR16.5/1B 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, Leslie
Williams, Jr., and Martha Williams, 8876 Rodgers Road, Longmont, Colorado, 80503,
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 16.5 (EM-BR16.5/1 B 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 Leslie Williams, Jr., and Martha
Williams, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
P1AK1C,OL,`J (DW), DE M,
Y ctttt bC) Cvot CB'M,5PV)
5119
2014-1381
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 16.5 (EM-BR16.5/1 B FLOOD REPAIR PROJECT) -
LESLIE WILLIAMS, JR., AND MARTHA WILLIAMS
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: Cam(ateLti fd , d 4
Weld County Clerk to the Board
BY:
0
Clerk to the B
y Attorney
"dl
Douglas Radema er,
arbar irkmeyer„ ro-Tem
hair
Date of signature: /1
2014-1381
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-BR16.5-
1 B Flood Repair Project - Williams
Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to
me for my records.
BR16.5-1 B had some flood damages around the abutments in the September 2013 floods. The bridge is
located on CR 16.5 and Boulder Creek approximately'/ mile west of CR 3.25. 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 Leslie J Williams, Jr. and Martha A Williams. 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.
•5•2oi-I
2014-1381
Page I of I
M: \ Weld County Rood 2013 Version 2\Site Specific Projects\Bridge Projects \16.5-IB\Phase I Work\Phase I Temp Easements \EM-BR16.5-IB Temp Easement -
Williams.docx
AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 16.5,
BETWEEN LESLIE J. WILLIAMS, JR. AND MARTHA A. WILLIAMS AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this 'day of Nt , 2014, by and between Leslie J.
Williams, Jr. and Martha A. Williams, whose address is 8 6 Rodgers Road, Longmont, Colorado
80503, 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 16.5,
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 maybe 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.
Leslie J. Williams, Jr. Martha A. Williams
i 4]& UI'Li i,n&
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
W.dtli ad
Weld County Clerk to the Board
BY
Deliuty Clerk to the Board
CQzz.wn..CN
r --
Do l Rademacher, Chair MAY 0 5 2014
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
Re,/ i— /38J
PARCEL DESCRIPTION
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
A parcel of land situated in the Northeast Quarter of the Southeast Quarter (NEl/4SE1/4)
of Section Thirty (30), Township Two North (T.2N.), Range Sixty-eight West (R.68W.),
of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being
more particularly described as follows:
COMMENCING at the East Quarter corner of said Section 30 and assuming the East
line of said NE1/4SEI/4 as bearing South 00°13'43" West a distance of 1332.67 feet
and with all bearings contained herein relative thereto;
THENCE South 00°13'43" West along said East line a distance of 173.69 feet to the
POINT OF BEGINNING;
THENCE South 00°13'43" West along said East line a distance of 40.00 feet to the
Northerly Right of Way (R.O.W.) of Weld County Road 16.5;
THENCE North 72°42'52" West along said Northerly R.O.W. a distance of 315.00 feet;
THENCE North 17°17'08" East a distance of 110.00 feet;
THENCE South 59°24'08" East a distance of 311.65 feet to the POINT OF
BEGINNING.
Said described parcel of land contains a total of 22,703 sq. ft. or 0.521 acres, more or less
and may be subject to any existing easements and 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.
Steven Parks — ��;-� ; ih�� g Surveyors
Colorado Licensed ro essional
Land Surveyor #38348
KING SURVEYORS
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
R:\2014150\2014150EXH_01.docPage I of 2
TEMPORARY CONSTRUCTION
EASEMENT
EXHIBIT A
SECTION 30/T.2N./R.68W.
A/72.4
60' RIGHT OF WAY
Milli/VG BRYANT
MREC NCI IZIP12)
60 30 0 60
1'= 60
Steven Parks — On
Colorado Licensed Profess'
Land Surveyor #38348
S39
PAGE 2 OF 2
EAST QUARTER CORNER
SECTION 30, T.2N., R.68W.
POINT OF COMMENCEMENT
LSSUHA IYBIMIIV IX. AND MARTHA A WILLIAMS
MSC AV l
POINT OF BEGINNING
3
is
UNE TABLE
UNE
BEARING
LENGTH
L1
S00'13'43'W
40.00'
1.2
N17'17'08'E
110.00'
SOUTH 1/16TH CORNER
SECTION 30, T.2N., R.68W.
m
a,
NOTE: This exhibit drawing is not intended to be a
monumented lond 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.
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
www.kingsurveyors.com
PROJECT NO:2014150
DATE: 04/16/2014
CUENT: ICON
DWG:2014150
DRAWN: SS CHECKED: SIP
Fenn W'9
(Rev. November 2005)
Department of the Treasury
Internal Revenue Sevice
Request for Taxpayer
Identification Number and Certification
Give form tathe
requester. Do not
send to the IRS.
Print or typo
See Specific Instructions on page 2.
Name (as shown on your income tax return) /r/44_ A Yl/i Mains
Business name, if different from above
Check appropriate
Partnership
Other ►.•Exempt
puaV • Corporation
.
•
•
from backup
box: Sole proprietor
Sole
withholding
Address (number, street, and apt. or suite no.)
7te eC:4es Pe, -
Requesters name and address (optional'
City, state, and ZIP code
1 m�q m out . CD 60503
List account num"er(s) here (optional
Lfl 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, sole proprietor, or disregarded entity, see the Part f instructions on page 3. For other entities, it fa
your employer identification number (EIN). If you do not have a number, see Now to get a',Non page 3:
' -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
or
Employer Identification number
14 I I' I 4 I 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 numb?? to be issued to me), and
2. lam not subject to backup withholding because: (a) I am exempt from backup withholding; or (6) I have not been notified blithe 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. f 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 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 the instructions on page 4.)
Sign sig person
iaim
rent _ 42
Here u
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 ►: pu2 / 7 51O•/ If
• An 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 301.2701-6(a) and 7(a) for additional
information.
Special rules for partnership$. 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:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 11-2005)
Form 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 Specific Instructions on page 2.
Name (as shown_ on your income rtax return)"
t7 h l 1 nt �i'`
om above
Business name, if d'rffer from above r
Check appropriate
Partnership
box: Solelproprietor • .Corporation
•
Other ►.•
Exempt from backup
withhold
Address (number, street, and apt. or suite no.)
%7/v 4J42
Requester's name and address (optional'
City, state, and ZIP y {e. _( O 6vy
g,
List/acs number(s)) here (optional)
_
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, sole proprietor, or disregarded entity, see the Par I 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 a
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
5101Ias-
'
Employer identification number
14 III I 1'1
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 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 e instructions on page 4.)
Sign Signature o€
Here 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 fax purposes, you are considered a person if you
are:
Date
• An 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
• My 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