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Home My WebLink About20141265.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 61 AND AUTHORIZE CHAIR TO SIGN - KEVIN AND JULIE OCHSNER 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, 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 Kevin and Julie Ochsner, 30300 County Road 388, Kersey, Colorado 80644, commencing April 10, 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 the Purchase of Temporary Construction Easement for Certain Improvements to County Road 61, 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 Kevin and Julie Ochsner, 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 PW(Fc, Me) 515 iD rQ- -ho Pv./(Fc, t}n 4123 2014-1265 EG0070 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 61 - KEVIN AND JULIE OCHSNER 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, nunc pro tunc April 10, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: nu- J kn> /1�v.✓L� CJ �t- ouglas Rademac er; Chair Weld County Clerk to the Boar. �• !L /� G !La ..ILA.. ti��K-�`. 1 • 0 :rbara Kirkmeye , Pro-Tern BY. [ 4191♦ ty Clerk to the Bo an •. Conway AP O FORM: Mike Free a / c ounty Attorney • is F. Garcia Date of signature: 5151)4 2014-1265 EG0070 - 186 W v•i -GO - 7 ; , — TO: Clerk to the Board DATE: April 18, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda Agreement for Purchase of Temporary Construction Easement for Certain Improvements to WCR 61 with Kevin and Julie Ochsner for $500. Attached are two original Agreements. Please return one original to Public Works. M'.\Francie\AGENDA memos\Agendamikesedell-1.docx 2014-1265 4-a3-ansii AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 61, BETWEEN KEVIN AND JULIE OCHSNER AND WELD COUNTY, COLORADO 1 .,THIS AGREEMENT is made this day of f, 1, , 2014, by and between Kevin and Julie Ochsner, whose address is 30300 Weld County Road 388, Kersey, Colorado 80644, 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-Immed Possession Page 1 20/L—/21105- 4. This Temporary Construction Easement shall commence on April 10,2014,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 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 parties Agmt for Purchase of Temp Easement-Immed Possession Page 2 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 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 WITNE WHEREOF, the parties have set their hands on the day and year first above written. KEVIN O JULIE OCIISNER By: By: '" Title: OWNER Title: OWNER BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ��,/ ��Cldo;ve mow rloirx guu lac s Rade acher, Chair S 11,43\ APR 2 3 2014 Weld County Clerk to the Board nr, BY: LU �-t/l 4 el Iv , Q" ""IX rres� De ty Clerk to the Board % r q , Agmt for Purchase of Temp Easement-Immed Possession Page 4 EXHIBIT-A 519-T5N-R63W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND IS A PORTION OF DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2648576 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 20.00 FEET OF THE WEST 50.00 FEET OF THE SOUTH 1100.00 FEET. SAID PARCEL CONTAINS 22,000.00 sf. OR 0.51 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 PLS 23520 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT X861 a OF ACQUISITION PUBLIC WORKS WCR 61 \tt\ FLOOD PROJECT OCHSNER ii.L„vrE- J PROJECT NO: SCALE: WELD COUNTY,COLORADO 01,)N T r� DATE: 10.4-13 DRAWN BY:DRH SHEET: 1 of2 EXHIBIT-A SI9-T5N-R63W __ _ _ _ NW COR S19—T5N—R63W ill I IV �••` Nc� '� �. S24-T5N-R64W III < I . ii 1 ---...'---.. Ili NW Zr '•-s. III EXISTING 60' ROW I I I BK.83/PG.31 JAN. 19, 1897 I I i �I I II Ij I SLW FARM CO. LLC ; ' RECP.#3550066 1 OCHSNER RECP.#2648576 ' i 1 I ACQUIRED II TEMPORARY EASEMENT 22,000.00 sf. OR 0.51 ac.± O II , o I I I I ' 20' II W_ _ _ :::::::ii i . Ili III NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A M0NUMENTED III LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO • V ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. Q WEçLDYPARTMENT TEMPORARY EASEMENT 1861 i." _ OF PUBLIC WORKS ACQUISITION Ur WCR 61 FLOOD PROJECT OCHSNERO---- PROJECT N0: SCALE: 1"=-400 WELD COUNTY,COLORADO C O O N Y DATE: 10-4-13 DRAWN BY:DRH SHEET: 2 of Hello