The URL can be used to link to this page

Browse Search

Home My WebLink About20140678.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR IMPROVEMENTS TO 'M' STREET, 'N' STREET, NORTH 25TH AVENUE COURT AND 26TH AVENUE, AND AUTHORIZE CHAIR TO SIGN - NICHOLAS BROWNWOOD 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 or Purchase of Permanent Easement and Temporary Construction and Access Easement for Improvements to 'M' Street, 'N' Street, North 25th Avenue Court and 26th Avenue, 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 Nicholas Brownwood, 24707 County Road 41, LaSalle, Colorado 80645, commencing on March 1, 2014, with terms and conditions being as stated in said easement, 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 or Purchase of Permanent Easement and Temporary Construction and Access Easement for Improvements to 'M' Street, 'N' Street, North 25th Avenue Court and 26th Avenue, 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 Nicholas Brownwood 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 P(AD 3 -3( 2014-0678 EG0070 AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION AND ACCESS EASEMENT- NICHOLAS BROWNWOOD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D., 2014, nunc pro tunc March 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C/.dtj S Lux n lCcr ouglag adema er, Chair Weld County Clerk to the Board g /n nn / /�� :arbara Kirkmeyer ro-Tem / : ,a BY 0,90o4 . -04 • - DefAity Clerk to the Bo-5, { ;� an P. Conway APP V,AS TO : ✓tai Jt ike Free n y rney Wi 'a . Garcia Date of signature: 3.025-14/ 2014-0678 EG0070 ‘112‘ Ade �►, r r., MEMORANDUM bo_uN' t- TO: Clerk to the Board DATE: February 27, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Permanent Easement and Temporary Construction and Access Easement with Nicholas Brownwood in the Espanola Subdivision. One original agreement is attached. NI dvranci AAGENDA memo9AgendaLeon-2.docx 2014-0678 AGREEMENT FOR THE PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY'S M STREET, N STREET, NORTH 25TH AVENUE COURT AND 261 H AVENUE, BETWEEN NICHOLAS BROWNWOOD AND WELD COUNTY, COLORADO THIS AGREEMENT is made this c.,) day of /�Qru1 , 201k, by and between Nicholas Brownwood, whose address is 24707 Weld County Road 41. LaSalle, Colorado 80645 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 "Permanent Easement", and WHEREAS, Owner owns real property described in the attached Exhibit"B" (hereinafter referred to as "Temporary Construction and Access Easement", and WHEREAS,County requires said Temporary Construction and Access Easement to provide a necessary construction area for the City of Greeley to install a waterline and to provide public access to the subdivision during the construction of the Road Improvement Project, and WHEREAS, County finds it necessary to rebuild and improve Weld County's, M Street, N Street, North 25TH Avenue Court and 26TH Avenue, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Permanent Easement for the City of Greeley to construct an underground waterline 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 RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Permanent Easement,granted to the City of Greeley, 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 Two Thousand Fifty and no/100 Dollars,($2,050.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 1 4004608 Pages: 1 of 9 03/26/2014 01:07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO VIII l�!�1F 411 "I��:I�+tiFJ4'i��JR'��P:�rF:�Ir,Itr�i Yl h �I III o 678 2. Owner agrees to sell and County agrees to purchase the 1 emporary Construction and Access Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Nine Hundred Twenty and no/100 Dollars, ($920.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner warrants that he/she/it is the owner of the Permanent Easement and the Temporary Construction and Access Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Permanent Easement to the City of Greeley (a copy of which is attached (Exhibit C) hereto and made a part hereof by this reference), free and clear of all liens and encumbrances, except existing easements. 5. Owner shall not 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 the City of Greeley's full enjoyment of the rights hereunder; this Easement includes all rights and privileges as are necessary or incidental to City's reasonable and proper use of said easement. 6. Owner agrees to grant the Temporary Construction Easement (a copy of which is attached (Exhibit D) hereto and made a part hereof by this reference) to the City of Greeley and Access Easement to County,free and clear of all liens,encumbrances or other possessory claims, except existing easements. 7. This Temporary Construction Easement shall commence on March 1,2014,and shall expire and be of no further force or effect on July 1,2014,or upon the completion of the Road Improvement Project, whichever is earlier. 8. 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 B which may interfere with County's and City's full enjoyment of the rights hereunder; this Temporary Construction and Access Easement includes all rights and privileges as are necessary or incidental to County's and City's temporary reasonable and proper use of said easement. 9. Owner shall retain the mineral estate associated with the Permanent and Temporary Construction and Access Easements interests, and shall also retain any water rights currently attached to or associated with said Permanent and Temporary Construction Easements. 10. Owner shall deliver the fully executed Permanent Easement (a copy of which is Agmt for Purchase of Perm&Temp Const Easements-Mimed Possession Before Transfer Page 2 4004608 Pages: 2 of 9 03/26/2014 01:07 PM R Fee $000 Steve Moreno. Clark and Recorder. Weld County, CO Ii?I1 i II III attached hereto(Exhibit C)and made a part hereof by this reference)and Temporary Construction Easement (a copy of which is attached hereto (Exhibit D) and made a part hereof by this reference) for the City of Greeley's waterline to County at the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. The parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County and/or City,and that this Agreement shall serve as complete evidence of the terms contained herein as to Owner's Grant of the Temporary Construction Easement. 12. Owner shall pay any encumbrance associated with the Permanent Easement and the Temporary Construction and Access Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes and any past due property taxes, (and interest and penalties thereon), on or before the date of Owner's delivery of the Permanent Easement Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Permanent Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Permanent Easement. 2. County shall pay all fees associated with recording the Permanent Easement. 3. The parties agree that County shall pay Owner for the Permanent Easement and the Temporary Construction and Access Easement by County warrants at the date of the transfer of title. 4. County agrees to reimburse the Owner the sum of One Thousand and no/100 dollars ($1,000.00)for the replacement of a mature tree. The removal will be completed by County. 5. County will remove the existing fence that separates Lot 1 and Lot 2. Upon completion of construction, County will replace the fence or install a new fence that is similar in size and style. MISCELLANEOUS 1. Although the date of the transfer of the Permanent Easement and the Temporary Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 3 4004608 Pages: 3 of 9 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO VIIIM��1R'J`31LMCI,VG'lilb'hrJ'GEN,I:'1G0 J S?i'I111III Construction and Access Easement shall be the date of the transfer of title, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner. County, City of Greeley, its contractors, agents, employees and all others deemed necessary by County or City of Greeley shall have the irrevocable right to possess and use said Permanent Easement and Temporary Construction and Access Easement for the purposes of constructing the Road Improvement Project and the construction of an underground waterline, 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 the Permanent Easement and Temporary Construction and access Easement as may be useful and necessary. 2. This Agreement and the transfers of the Permanent Easement and the Temporary Construction and Access 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 or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained 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. 7. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 4 4004608 Pages: 4 of 9 03/26/2014 01 :07 PM R Fee $0.00 Steve Morena. Clerk and Recorder. Weld County.. CO VIII PraW DPP ,PRANIA' Cita, I'll' 8. 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. NICHOLAS BROWNWOOD . By: Title: Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESC.T: �-� Lt t 11ci�(Qs,v r� C/ :� iougla Rademacher, Chair Weld County Clerk to the Board MAR 0 5 2014 c BY. Deputy Clerk to tlo da l tggt e Agmt for Purchase of Perm&Temp Const Easements-Immed Possession Before Transfer Page 5 4004608 Pages: 5 of 9 03/26/2014 01 :07 PM R Fee:$0.00 Steve Moreno Clerk and Recorder. Weld County, Co 1111 Mir1RF' I! F&th ILA 11111 ap/y-OG 7S" EXHIBIT-A NE 1/4 S36-T6N-R66W PROPERTY DESCRIPTION OF PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND IS A PORTION OF LOT 1 OF ESPANOLA SUBDIVISION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 567919 AND SAID LOT 1 (LESS THE NORTH 12.00 FEET) FILED UNDER RECEPTION NO. 3845218 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 8.00 FEET OF THAT PORTION OF LOT 1 DESCRIBED IN THAT DEED RECORDED UNDER RECEPTION NO. 3845218. SAID PARCEL CONTAINS 681.98 sf. OR 0.02 ac. MORE OR LESS. THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 • � _- jA- 7 4004608 Pages: 6 of 9 03/26/2014 01:07 PM R Fee:$0.00 Steve floreno. Clerk and Recorder. Weld County, CO IIII M��11G'�11L,�+G�+� I �'I;w:µr,{�Ill4'if'rif�i 1.'�hII:'�Yir� II III PERMANENT WATERLINE CITY OF GREELEY EASEMENT 1/4�1861 i^#4 IN ESPANOLA SUBDIVISION SEWER& WATERLINE p NICHOLAS BROWNWOOD an� IMPROVEMENT PROJECT � 4 � PROJECT NO: GR-14 SCALE: I' 40' PART OF LOT 1 — ESPANOLA SUBDIV. L GN T vC - � DATE: 1-13-14 DRAWN BY: JHB SHEET: I oft EXHIBIT-A NE 1/4 S36-T6N-R66W 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. 8 2 'off U-y m._2a BN � 3 i O STREET m� O v�= LLo� t Wnry-4 _ m d eHw m�� NE CORNER PERMANENT NICHOLAS BROWN WOOD- S36-T6N-R66W WATERLINE LOT 1 - LESS THE NORTH 12.00' FND. 2-1/2" ALUM. CAP EASEMENT RECEP.y3845218 STAMPED POWERS ELEV. 681.98 sf.f LS#19585 — 1993 OR 0.02 ac.t TIE TO CORNER - - _ * 85.25 589.57.06"W 8 * 1360.95' *=8.02' m E"� ✓� N N PERMANENT WATERLINE ' CITY OF GREELEY EASEMENT X861 , IN ESPANOLA SUBDIVISION SEWER & WATERLINE A IMPROVEMENT PROJECT NICHOLAS BROWNWOOD T� PROJECT NO GR-14 SCALE: I"=40' PART OF V COL) ti=Y LOT 1 - ESPANOLA SUBDIV. - T C DATE: 1-13-14 DRAWN BY: JI-B SHEET: 2 oft EXHIBIT-B NE 1/4 S36-T6N-R66W PROPERTY DESCRIPTION OF TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND IS A PORTION OF LOT 1 OF ESPANOLA SUBDIVISION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 567919 AND SAID LOT 1 (LESS THE NORTH 12.00 FEET) FLED UNDER RECEPTION NO. 3845218 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 18.00 FEET OF THAT PORTION OF LOT 1 DESCRIBED IN THAT DEED RECORDED UNDER RECEPTION NO. 3845218. SAID PARCEL CONTAINS 1534.46 sf. OR 0.04 cc. MORE OR LESS. THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 I 4004608 Pages: 8 of 9 03/26/2014 01.07 PM R Fee $0.00 Ste-? Moreno Clerk and Recorder Weld County. CO VIII M!G4F1ILhIl�+r,1r41'�1!�N '! �I�;d't�r�i4 s kiti�;�I} II MI TEMPORARY ACCESS & � - CITY OF GREELEY CONSTRUCTION EASEMENT > � '-� IN ESPANOLA SUBDIVISION �� SEWER & WATERLINE IMPROVEMENT PROJECT NICHOLAS BROWNWOOD WAIL PROJECT NO- GR-14 SCALE 1"=10' PART OF V) r -iJ N T Y LOT 1 - ESPANOLA SUBDIV. DATE: I-13-14 DRAWN BY'. .IIIII SHEET: I oft EXHIBIT-B NE 1/4 S36-T6N-R66W 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. OSTREET 2L NE CORNER TEMPORARY NICHOLAS BROWNWOOD- S36-T6N-R66W ACCESS & LOT 1 - LESS THE NORTH 12.00' FND. 2-1/2" ALUM. CAP CONSTRUCTION RECEP.#3845218 STAMPED POWERS ELEV. EASEMENT LS#19585 — 1993 1534.46sf.t OR 0.04 ac.t TIE TO CORNER to 85.25' S89'57106"W vi TTTET ! 8525 ___ ' H � CA x TEMPORARY ACCESS & , CITY OF GREELEY CONSTRUCTION EASEMENT ' IN ESPANOLA SUBDIVISION 7. SEWER&WATERLINE IMPROVEMENT PROJECT NICHOLAS BROWNWOOD PART OF PROJECT N0: GR-14 SCALE: I"=40' N LOT 1 — ESPANOLA SUBDIV. - l DATE: 1-13-14 DRAWN BY:BIB SHEET: 2 oft 4004608 Pages: 9 of 9 03/25/2014 01:07 PM R Fee:$0.00 Ste-,e Moreno. Clerk and Recorder. Weld County.. CO ■ILIMirrriii'1 ifilfklOrrri'}tiv4rI: 'fl',I1,4 ■1 III Hello