HomeMy WebLinkAbout20141447.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 (FLOOD
REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN -JOHN WEIGANDT
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 Certain Improvements to County Road 23 (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 the John
Weigandt, 10390 E. 168th Avenue, Brighton, Colorado 80602, 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 (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 John Weigandt, 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,:CA(5603A),fi•(D.W) Ac - (B.es)
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O/9-1120P4
2014-1447
EG0070
BC0045
AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 21 (FLOOD REPAIR PROJECT) —JOHN WEIGANDT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of May, A.D., 2014, nunc pro tunc May 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: draireti
1;��
G N . 6ougl s Rademacher, Chair
Weld County Clerk to the :i=rd
1861 `�11VA
` 1; �Tarbara Kirkmeyer, ' •-Tem
BY:
D-'uty Clerk to the 1`, ' EXCUSED
Sean
P.pConway
'O • AST• e- r,e g1V.k'�c1 bex
Mike Fr
aunty o ey Lam
F. Garcia
Date of signature: 5/20%7
2014-1447
EG0070
BC0045
Wf 1861I '\ MEMORANDUM
GO U N T TO: Clerk to the Board DATE: May 5, 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 John W. Weigandt in the amount of$500.
Attached is one original Agreement.
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AGREEMENT FOR THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN JOHN WILLIAM WEIGANDT AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this ZZM0day of NPWt— , 2014, by and between John
William Weigandt whose address is 10390 E. 168`h Avenue,Brighton,Colorado 80602,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 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 teens 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.
John William Weigandt R
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L *4� re Jar
dtaki C( I. Dougla Radema her, Chair
Weld County Clerk to the Boardt�Na MAY 1 2 2014
BY
Deputy Cler to the Board
Vii►�\i �' ` �I
Agmt for Purchase of Temp Easement-Possession Following Payment Page 4
aory— /997
EXHIBIT-A
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 24,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 NORTHWEST CORNER OF SAID SECTION 24;
THENCE ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH 00°46'17"EAST, 811.64 FEET;
THENCE DEPARTING SAID WESTERLY LINE, NORTH 89°13'43" 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 44, RECORDS OF SAID WELD COUNTY, SAID
POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH 00°46'17" EAST, 150.00 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, NORTH 89°13'43" EAST,25.00 FEET;
THENCE NORTH 00°46'17"WEST, 150.00 FEET;
THENCE SOUTH 89°13'43"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
File Name: 20140320EA07.dwg BIG AND LITTLE DRY CREEK CORRIDORS
e Horizontal Scale: N.A. Vortical Scale: N.A. TEMPORARY EASEMENT 20140320
Designer: RDS Structure 007-02
Bohannan=Huston Detailer. BDW Numbers
7 Subset: SURVEY Sheets: 1 of 2 Sheet Number 1
EXHIBIT-A
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TIN,R67W,6TH PM
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NOTE:THIS EXHIBIT MAP DOES NOT W 1/4 CORNER SEC 24
REPRESENT A DNURVEY LAND TIN,R67W,6TH PM
OR LAND SURVEY OR SURVEYPLAT.
IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
„ Printed By: Brady Weingardt WELD COUNTY FLOOD RECOVERY- Project No./Code
I File Name: 20140320EA07.dwg BIG AND LITTLE DRY CREEK CORRIDORS
Horizontal Scale: V=30' Vertical Scale: N.A. TEMPORARY EASEMENT 20140320
Designer: RDS Structure 007-02
Bohannan =Huston Delailer pm Numbers
Subset: SURVEY Sheets: 2 of 2 Sheet Number 2
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Form W'9 Request for Taxpayer • • Give form to the
(Rev.November 2005) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS..
Internal Revenue service
ei • Name(as sho y r uruane retum) t?th�� .
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Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security numberI'q
• backup withholding.For Individuals,this is your social security number(SSl').However,for a resident c I Z.IV-4- 71g+ 1 151 I I C
alien,sole proprietor, or disregarded entity,see the Part"f Instructions on page 3.For other entitles,it iS
your'employer Identification number(EIN).If you do not have a number,see How to geta 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 Employer identifflcatlo rnumber
number to enter. • • i1 I I I I I
Part II 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(IASlthat 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 sin 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 current&subject to backup
.withholding because you have failed to report all interest and dividends on your tax return.For reef 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 the instructions on page 4.) .
Sign Signature of q)/,/// /` rt '
Here U.S person ► /✓! / -( Date► _ T-Z 7_ -' y-
Purpose of Form • An individual who is a citizen or resident of the United
A person who is required to file an information 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 cteated 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 • My 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
3. Claim exemption from backup withholding if you are a presume that a partner is a foreign person,and pay the
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:
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 Fomi W-9 (Rev.11-2005)
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