The URL can be used to link to this page

Browse Search

Home My WebLink About20141143.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 49 EXTENSION PROJECT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY INVESTMENT GROUP, INC. 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 Temporary Construction Easement for the County Road 49 Extension 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 Weld County Investment Group, Inc., 27294 County Road 47.5, Greeley, Colorado 80631, commencing upon execution of signature, and ending September 1, 2015, or upon 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 Temporary Construction Easement for County Road 49 Extension 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 Weld County Investment Group, Inc., 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: Pt,3Cim, Ls, rc) N-aa-w I wilz.nai, �-t9 FG J.9. jcl 2014-1143 EG0070 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CR 49 EXTENSION PROJECT-WELD COUNTY INVESTMENT GROUP, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO p ATTEST: d a/ _ . VV G hQ&QQ,vhl (LAC •�k to 4' �. ougla ademacl4er, Chair Weld County Clerk to the B.` . 4 XCUSED arbara Kirkmeyer, Pro-Tern BY: Dep y Clerk to the B j �� XCUSED r i . Sean P. Conway APPROVED AS TO FORM: - .7t, Mike Fre ,arc f.County Attorney d 'am . Garcia Date of signature: I /STI 2014-1143 EG0070 18 61 MEMORANDUM wit tit+ TO: Clerk to the Board DATE: April 7, 2014 �— c U FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for Purchase of Temporary Construction Easement for Construction of WCR 49 Extension with Weld County Investment Group, Inc. One original agreement is attached. Enclosures MdFrancie\AGENDA memoMgenda-Lcon-I.doc 2014-1143 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION OF WELD COUNTY ROAD 49 EXTENSION, BETWEEN WELD COUNTY INVESTMENT GROUP, INC. AND WELD COUNTY, COLORADO l`L THIS AGREEMENT is made this 9—" day of 4r;/ , 2014, by and between Weld County Investment Group,Inc.,whose address is 27294 WCR 47.5,Greeley,Co. 80631,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 yUf WHEREAS,County finds it necessary to construct*a new Weld County Road 49(known (/ as the Weld County Road 49 Extension), 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 a new right of way fence along the new right of way line, which is required in conjunction with the Road Improvement Project, and 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 Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner represents to County that Owner has valid and sufficient title to grant the Temporary Construction Easement. 3. This Temporary Construction Easement shall commence immediately upon execution of the Agreement by Owner and County,and shall be of no further force or effect on September 1, 2015, or upon the completion of the Road Improvement Project, whichever is earlier. Agmt for Purchase of Temp Easement-Immed Possession Page I 4. 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. 5. 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. 6. 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. 7. 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 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 its original condition insofar as reasonably practicable. 4. County shall remove the existing road Right of Way fence and shall install a new road right of way fence along the new right of way line. Although the new fence is installed by the County, Owner shall be responsible for maintaining said fence. Owner shall notify the County if Owner does not wish to have a new fence along the road right of way line. In such case, County will remove the existing right of way fence and will not install a new fence. Agmt for Purchase of Temp Easement-Immed Possession Page 2 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 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 installation of a new fence 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 thebenefit of and 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. Weld Count nvestment Group, Inc. By:Title: 1 p YP5\ d-e-nfi BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d i jCS;Kcrrog.,y (9.-tIciar no CIAr DouglJs Rademacher, Chair soll w Weld County Clerk to the Board fr (- Q'� APR 0 9 2014 BY4rt ,-o11 'd . �i D puty Clerk to the Board 4** 1 ♦. y Agmt for Purchase of Temp Easement-Immed Possession Page 4 &Ci 9—/rya S EXHIBIT-A NW 1/4 S13-T5N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2070615 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'13'11" EAST A DISTANCE OF 2689.97 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'13'11" EAST ALONG THE EAST LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 167.86 FEET; THENCE SOUTH 89'46'49" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47.5 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING THENCE SOUTH 00'13'11" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 13.42 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 261.95 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3580.00 FEET, CENTRAL ANGLE IS 04'11'32" AND WHOSE CHORD BEARS NORTH 46'23'00" WEST A DISTANCE OF 261.89 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE NORTH 89'48'28" EAST ALONG SAID NORTH LINE A DISTANCE OF 13.94 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 242.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3570.00 FEET, CENTRAL ANGLE IS 03'53'36" AND WHOSE CHORD BEARS SOUTH 46'23'23" EAST A DISTANCE OF 242.54 FEET TO A POINT ON THE SAID WESTERLY RIGHT-OF-WAY LINE AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,522.71 sf. OR 0.06 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS r CD PLS 23520 2752n sn, TEMPORARY WELD COUNTY DEPARTMENT X861,/ OF PUBLIC WORKS EASEMENT WCR 49 EXTENSION PROJECT WELD COUNTY INVESTMENT GROUP PROJECT NO: SRP-23 SCALE: 1"=200 GO WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: JI-IB SHEET: 1 of 2 EXHIBIT_A NW 1/4 S15-T5N-R65W i P.O.C. N 1/L4 u: S13-T5N-R65W BORYS • OESTREICH REICH NN\ \ FND 2J " ALUM. CAP SW U4 \ I STAMPED POWERS ELV. 512-TSA%-R65W \_ LS#9585 _ _ - - —s - - - T.-- - - \_ - T I?58 co P.O.B.- -- --- ro EXISTING 60 R.O.W. T c CO 2 ; N: RD.BK-1/PG-153 S' TEMPOREDRY EASEMENTACQUI 07 I co, NOV. 18, 1872 / i 2,522.71 sf. OR 0.06 ac.t 10' L2 LINE TABLE \ LINE BEARING DISTANCE I I T• \ L1 S89'46'49"W 30.00' ' T ,/L2 S00'13'11"E 13.42' I /-----NNti NN L3 N89'48'28"E 13.94' \icsCURVE TABLE Ilia �.9 C# LENGTH RADIUS DELTA CHD B CHD C1 261.95' 3580.00'0411'32" N46'23'00"W 261.89' ' ImI \ C2 242.59' 3570.00'03'53'36"S46'23'23"E 242.54' w I-L' \ NE 1!4 •'\ i. a 513-T5N-R65W I� op' WELD COUNTY INVESTMENT GROUP. INC. I ,-.) RECP.#2070615 N 1 NW 1/4 : T I BOSCH S13-75N-R6SW ' i LOT 8/2nd AMD.RE-292 EXISTING R.O.W." [ `� FI dig (!�, RD.BK-2/PG-266\, ^C,::',4,',':4-AL S! JUL. 7, 1879 I �� E NOTE: THIS EXHIBIT MAP DOES NOT 60':—..— }o ��0 REPRESENT A MONUMENTED LAND J ah_ i �, SURVEY OR LAND SURVEY PLAT. , IT IS INTENDED TO ILLUSTRATE THE i ' ATTACHED PROPERTY DESCRIPTION , ,c�. ONLY. i I C 1/4 COR S13—T5N—R65W f R. R. I FND 2) ' ALUM. CAP Martinez I STAMPED ALLES LS#9644 TEMPORARY WELD COUNTY DEPARTMENT '\1861 a " OF PUBLIC WORKS EASEMENT �(�� ' M WCR 49 EXTENSION PROJECT WELD COUNTY ''� INVESTMENT GROUP U �GOU T Y PROJECT NO: SRP-23 SCALE: 1"=200 WELD COUNTY,COLORADO DATE: 2-15-13 DRAWN BY: JHB SHEET: 2 oft Hello