HomeMy WebLinkAbout20141301.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 AND
AUTHORIZE CHAIR TO SIGN - RICHARD HEIN
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 23, 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 Richard Hein, 5290 East Yale Circle, Suite 103,
Denver, Colorado 80222, 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 23, 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 Richard Hein, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
PW(M4 i'Lj
5-194114
2014-1301
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 23 — RICHARD HEIN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, A.D., 2014.
ATTEST:
Weld County Clerk to the Boar
Date of signature: 51a0 lit
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Dougl s Rademacher, Chair
can P. Conway
Mike Fre
//Li
Willi a4i5 F. Garcia
2014-1301
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
WCR 23 with Richard L. Hein. In the amount of $500.
Attached is one original Agreement.
MFnndeUGENDA memos \AgendaXIkeBede11-s.docx
2014-1301
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AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN RICHARD L. HEIN AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 3'0 day of APRIL , 2014, by and between Richard
L. Hein, whose address is 5290 E. Yale Circle, Suite 103, Denver, Colorado 80222, 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 23, 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
easements.
Agmt for Purchase of Temp Easement -Possession Following Payment Page 1
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 maybe 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.
Richard L. Hein
?,V/ /:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Wagirdwo
Weld County Clerk to the Board
BY.
Dep ty Clerk to the Board
Douglas Rademacher, Chair
APR 2 8 2014
Agmt for Purchase of Temp Easement -Possession Following Payment Page 4
el
EXHIBIT - A
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 2
NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36;
THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER, SOUTH 00°28'11" EAST, 130.00 FEET;
THENCE DEPARTING SAID WESTERLY LINE, NORTH 89°31'49" EAST, 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 23, 60.00 FEET WIDE, AS ESTABLISHED PER WELD
COUNTY ROAD VIEWER'S REPORT FILED IN BOOK 100, PAGE 143, RECORDS OF SAID WELD COUNTY, SAID
POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, NORTH 00°28'11" WEST, 99.58 FEET TO THE SOUTHERLY
RIGHT-OF-WAY OF WELD COUNTY ROAD 14.5, 60.00 FEET WIDE, AS ESTABLISHED PER WELD COUNTY
ROAD VIEWER'S REPORT FILED IN BOOK 100, PAGE 143, AND BOOK 100, PAGE 417, RECORDS OF SAID
WELD COUNTY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°39'56" EAST, 50.00 FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY, PARALLEL WITH SAID WESTERLY LINE OF THE
SOUTHWEST QUARTER, SOUTH 00°28'11" EAST, 98.87 FEET TO A LINE THAT BEARS NORTH 89°31'49" EAST
AND PASSES THROUGH THE POINT OF BEGINNING;
THENCE SOUTH 89°31'49" WEST, 50.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 4,962 SQUARE FEET OR 0.114 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
File Name: 20140320EA10.dwg
Horizontal Scale: N.A. Vertical Scale: N.A.
WELD COUNTY FLOOD RECOVERY -
BIG AND LITTLE DRY CREEK CORRIDORS
TEMPORARY EASEMENT
Designer: RDS
Detailer: BDW
Subset: SURVEY
Project No./Code
20140320
Bohannan s Huston
Structure
Numbers
010-02
Sheets: 1 of 2
Sheet Number 1
EXHIBIT - A
W 1/4 CORNER SEC 36
T2N, R67W, 6TH PM
POINT OF COMMENCEMENT
WELD COUNTY ROAD 14.5
S89° 39' 56"E
Pl2a14O22OENGDENwan
SE 1/4 SEC 35
T2N, R67W, 6TH PM
30.00'
W'LY LINE SW 1/4 SEC 36
T2N, R67W, 6TH PM
(BASIS OF BEARINGS)
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
z
30.00'
N89' 31' 49"E
30.00' S89° 31' 49"W
SW CORNER SEC 36
T2N, R67W, 6TH PM
POINT OF
BEGINNING
PARCEL CONTAINS
4962 SF OR
0.114 ACRES
MORE OR LESS
SW 1/4 SEC 36
T2N, R67W, 6TH PM
Printed By: Brady Weingardt
File Name: 20140320EA10.dwg
Horizontal Scale: 1"=30' Vertical Scale: N.A.
WELD COUNTY FLOOD RECOVERY -
BIG AND LITTLE DRY CREEK CORRIDORS
TEMPORARY EASEMENT
Project No./Code
20140320
Bohannan. Huston
Designer: RDS
Detailer: BDW
Structure
Numbers
010-02
Subset: SURVEY
Sheets: 2 of 2
Sheet Number 2
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 tax return)
e/ c04R ] 4_, /�-eriev�
Business name, if different from above
.
Check appropriate
Partnership
Other I -Exempt
rry Individual/ • Corporation •
el
•
from backup
box: Sole proprietor
withholding
Address (number, street, and apt. or suite no.)
E, VAcE Cje, 4:1- 03
Requester's name and address (optional'5zgv.
Ciry state, and ZIP code
DCA/ VER Ca '02_
List account number(s) herel(optional)
Lain 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' I instructions on page 3. For other entities, it is
youremployer 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
3124 /
'
Employer Identification number
I.} 11 I I 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 numbet 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 m 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 allen). •
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 reef estate transaction's, 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
Here
Signatureon ic0_ p/ �/
•
U.S. person ► .d ///"'���
•
Date ►.. '1
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:
•
•
• 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 301.7701-6(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:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 11-2005)
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