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Home My WebLink About20141145.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, PART OF THE COUNTY ROAD 49 EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN- JOSEPHINE CLOUGH 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 Improvements to East 18th Street as part of 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 Josephine Clough, 2112 40th Street, Greeley, Colorado 80634, commencing upon execution of signature, and ending on April 1, 2016, with 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 East 18th Street, as part of 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 Josephine Clough, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. =`I I ® 'tcitci to ee; Pi,3 Its/ Fc J►n) ?I.-iC uaa- lq 'f 9• ,y 2014-1145 EG0070 AGREEMENT FOR PURCHASE OF PURCHASE OF PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, PART OF THE COUNTY ROAD 49 - JOSEPHINE CLOUGH PAGE 3 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 ATTEST: C.1 �jsGQr�7K� r : ��, ouglaq Rademacher, Chair Weld County Clerk to the Bo/ \' Ilea CUSED rbara Kirkmeyer, Pro-Tern BY: Depu Clerk to the Bo ` ' CUSED 'can P. Conway APPROVED AS TO FORM: H. C Mike Freemap- Act County Attorney / Will m F. Garcia Date of signature: 41g �7 2014-1145 EG0070 MEMORANDUM c � TO: Clerk to the Board DATE: March 31, 2014 — Co U N r my FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement for purchase of temporary construction easement for certain improvements to East 18th Street, part of the WCR 49 extension project with Josephine Clough. One original agreement is attached. Enclosures M.\FrancieAGENDA memos\Agenda-Leon.doc 2014-1145 AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18th STREET BEING PART OF THE WELD COUNTY ROAD 49 EXTENSION PROJECT BETWEEN JOSEPHINE CLOUGH AND WELD COUNTY, COLORADO a THIS AGREEMENT is made this 9— day of qp ri , 2014, by and between Josephine Clough whose address is 2112 40th Avenue, Greeley, Colorado 80634, 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 East 18th Street 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 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 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 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 4. This Temporary Construction Easement shall commence on April 1,2014,and shall expire and be of no further force or effect on April 1,2016,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 ten (30) 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-lmmed 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 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 WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Art By:. aJ� 4th L�`d(� Josephine Clough/Gerald Clough Power of Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST; ' / , / L, .. cr ad; DouglaiRademacher, Chair APR 0 9 2014 Weld County Clerk to the Board eff+��SSN' BY: 13n Ql)n ' W o, =, Deputy Clerk to the Board 1361Vit= I Nriff Agmt for Purchase of Temp Easement-Immed Possession Page 4 6,2e/V-7/57,5- EXHIBIT-A. SW I/4 S12-TSN-R6SW PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER SECTION 12, 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. 1442957 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EXISTING NORTHERLY RIGHT OF WAY LINE OF EAST 18th STREET, WHENCE THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN BEARS SOUTH 34'34'30" WEST A DISTANCE OF 1392.05 FEET AND IS BASED ON A GRID BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12 AS BEARING NORTH 00'26'52" WEST A DISTANCE OF 2696.56 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 75'41'23" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 86.80 FEET; THENCE DEPARTING SAID LINE NORTH 14'18'37" EAST A DISTANCE OF 28.38 FEET TO THE POINT OF BEGINNING THENCE NORTH 14'19'11" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 75'40'49" EAST A DISTANCE OF 455.30 FEET; THENCE NORTH 00'23'39" WEST A DISTANCE OF 10.33 FEET; THENCE SOUTH 7540'49" EAST TO A POINT ON THE EASTERLY LINE OF THAT PARCEL DESCRIBED IN SAID DEED A DISTANCE OF 10.42 FEET; THENCE SOUTH 0023'39" EAST A DISTANCE OF 20.67 FEET; THENCE NORTH 75'40'49" WEST A DISTANCE OF 468.34 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,775.00 sf. OR 0.11 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 o�a � OF PUBLIC WORKS ACQUISITION f T .r WCR 49 EXTENSION PROJECT CLOUGH/GILBERT PROJECT NO: SRP-23 SCALE: WELD COUNTY,COLORADO �j-�_G O U N T Y JI DATE: 3-10-14 DRAWN BY: JHB SHEET: 1 of 2 N EXHIBIT-A SW 1/4 S12-T5N-R65W 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. W 1/4 COR S12-T5N-R65W DPG FND 2 1/2" A.C. A'W%t.FSWY4 FARMS STMP. LS#23501 S12-T3IV-Rfi5W 19 co z E LINE TABLE rf7 `s1 w LINE BEARING DISTANCE ROADIFER m L1 S75'41'23"E 86.80' Li_ L2 N14'18'37"E 28.38' `o cn L3 N14-19'11"E 10.00' N Om L4 NOO'23'39"W 10.33' 4t4o L5 S75'4O'49"E 10.42' z L6 SOO'23'39"E 20.67' JOSEPHINE CLOUGH ROADIFER & ROBERT GILBERT RECP.# 1442957 P.O.C. IJ P.O.B. TEMPORARY EASEMENT ACQUIRED P` 4,775.00 sf.± OR 0.11 ac.± HALL _. iRWIN Li cv I _` �' F STS 40,49"E a o' SW COR o� N75..,,,„ ' 455 3p, L5 sue. S12-T5N-R65W W 46 8.34,'*, FND 2Y2" ALUM. _� _ 8�4 L4 CAP STAMPED -4ODir1O e POWERS ELEV. i-we J LS#25385 • 8th S i �- T4.--m".\".. ... 'ft _ o ..... N -� i _ i JOSEPHINE CLOUGH - ---.--i, .... RO.ADI.FER & ROBERT GILBERT " RECP.# 1442957 EXISTING ROW .... i BK-1236 ~` RECD.#2183415 rap WY:OE SW Yi JUN. 22, 1989 s;2-T5N-R651.t OESTRI- ICH TEMPORARY EASEMENT WELD COUNTY DEPARTMENT 1 1 OF PUBLIC WORKS ACQUISITION UTEALAV WCR 49 EXTENSION PROJECT CLOUGH/GILBERT11 PROJECT NO: SRP-23 ,SCALE: 1"=100 WELD COUNTY,COLORADO p t} N T Y DATE: 3-17-14 DRAWN BY: JHB SHEET: 2 of 2 Hello