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Home My WebLink About20141302.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 17 AND AUTHORIZE CHAIR TO SIGN - TYLER AND SARA STILSON 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 17, 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 Tyler and Sara Stilson, 16254 Leyden Street, Brighton, Colorado 80603, 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 17, 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 Tyler and Sara Stilson, 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 MOO 512104 2014-1302 EG0070 BC0045 AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 17 - TYLER AND SARA STILSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: we • ,, % Weld County Clerk to the Boar BY D 1 y Clerk to the Bo Coun orney Date of signature: 54oh Li C�R_.uti�4 C -L ougl=s Rade acher, Chair CUSED bara Kirkmeyer Pro-Tem n P. Conway EXCUSED Mike Freeman lianf'F. Garcia 2014-1302 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 17 with Tyler S. and Sara E. Stilson for $500. Attached is one original Agreement. M':Wrancie'AGENDA memos\AgendaMIkesedell-1. docx 2014-1302 4 zg .i/ AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 17, BETWEEN TYLER S. STILSON AND SARA E. STILSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this Cr day of v\ \ , 2014, by and between Tyler S. Stilson and Sara E. Stilson, whose address is 16254 Leyden Street, 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 17, 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: 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 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 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. Tyler, Stilson ATTEST: Weld County Clerk to the Board BY. De uty Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO as Rademacher, Chair APR 2 8 2014 Agmt for Purchase of Temp Easement -Possession Following Payment Page 4 AD/Li-13o 21 EXHIBIT - A PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, 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 SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, NORTH 00°43'50" WEST, 527.69 FEET; THENCE DEPARTING SAID EASTERLY LINE, SOUTH 89°16'10" WEST, 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 17, 60.00 FEET WIDE, AS ESTABLISHED PER WELD COUNTY ROAD VIEWER'S REPORT FILED IN BOOK 100, PAGE 845, RECORDS OF SAID WELD COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, NORTH 00°43'50" WEST, 150.00 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY, SOUTH 89°16'10" WEST, 25.00 FEET; THENCE SOUTH 00°43'50" EAST, 150.00 FEET; THENCE NORTH 89°16'10" EAST, 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 S B Printed By: Brady Weingardt File Name: 20140320EA03,dwg Horizontal Scale: N.A. Vertical Scale: N.A. WELD COUNTY FLOOD RECOVERY - BIG AND LITTLE DRY CREEK CORRIDORS TEMPORARY EASEMENT Project No./Code 20140320 BohannanHuston Designer: RDS Detailer: BDW Structure Numbers 003-02 Subset: SURVEY Sheets: 1 of 2 Sheet Number 1 EXHIBIT - A E 1/4 CORNER SEC 29 TIN, R67W, 6TH PM S89°16'10"W P:12o 40320 ENGDEN a PARCEL CONTAINS 3750 SF OR 0.086 ACRES MORE OR LESS SE 1/4 SEC 29 TIN, R67W, 6TH PM POINT OF BEGINNING 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. N- o QQ O� IX LL i z 12- O Li 0o -J W ELY LINE SE 1/4 SEC 29 TIN, R67W, 6TH PM (BASIS OF BEARINGS) SW 1/4 SEC 28 TIN, R67W, 6TH PM SE CORNER SEC 29 TIN, R67W, 6TH PM POINT OF COMMENCEMENT Printed By: Brady Weingardt File Name: 20140320EA03.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 BohannanHuston Designer: RDS Detailer: BDW Structure Numbers 003-02 Subset: SURVEY Sheets: 2 of 2 Sheet Number 2 - Form W9 (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 typo See Specific Instructions on page 2. Name (as shown on your income tax return) r 1V AA :.1Th1(-de,'' Business name, if different from above Check appropriate �i IndividuaV .Corporation Partnership 014.SII box: Ur Sole Other ■ Exempt from backup proprietor withholding Address (number, street, and apt, or suite no.) it''2S,y LecL4etii Cat — Requester's name and address (optional)' City, state, and ZIP code ��\�yt-t Arvv C� plv0 L List account number(s) here (optional) Inns 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 your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note.) f the account is in more than one name, see the chart on, page 4 for guidelines on whose number to enter. Part !I Certification Social security number � or Employer identification number 14 lI 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. f am a U.S. person (including a U.S. resident alien). Codification 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 rear estate transactions, 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 general) tssppther than aJlddNidends, you are not required to sign the Certification, but you must provide your correct TINS ( e instructi6ns on p 4.) — Sign Signature of 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 tax 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 • Any estate (other than a foreign estate) or trust. See Regulations sections 301.77O1 -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) Hello