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HomeMy WebLinkAboutR16-092 Acquisition of Temporary Construction Easement for Access - El Jebel Road Improvements Commissioner 0-Wavy Dom- - moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2016- 6111/ AUTHORIZING ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR ACCESS, GRADING AND CONSTRUCTION OF IMPROVEMENTS TO EL JEBEL ROAD AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ANY NECESSARY DOCUMENTS TO EFFECTUATE THE ACQUISITION OF THE EASEMENT WHEREAS, the County of Eagle, State of Colorado (the"County")has negotiated the acquisition of property for use as a temporary construction easement from Kevin and Tammy Tucker("Tucker") for purposes of installing a roundabout and widening and improving the County road known as El Jebel Road located in Eagle County, Colorado (the "El Jebel Road Improvements"); and WHEREAS,Tucker has agreed to donate to the County .0214 acres of its property for use as a temporary easement,as more particularly described on Exhibit A,attached hereto and incorporated herein for access, grading and construction of the El Jebel Road Improvements (the "Temporary Easement"); and WHEREAS,Tucker has executed a Memorandum of Agreement("MOA")memorializing the transaction and the donation by Tucker of the Temporary Easement. A copy of the MOA is attached hereto as Exhibit B and incorporated herein by this reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Board hereby authorizes the acquisition of the Temporary Easement for access, grading and construction of the El Jebel Road Improvements, as described herein and in the MOA attached hereto as Exhibit B. THAT the Board authorizes any Commissioner to execute on its behalf any and all necessary documents,instruments,papers or other forms necessary for the consummation of the acquisition of the Temporary Easement described herein and on the attached Exhibits A-B. Such documents may include,but shall not be limited to,the Memorandum of Agreement and the Temporary Easement,as gym. Eag County Attorney's Office Eagle County Commissioners' Office well as any other necessary documents which in the opinion of staff are required or desirable. THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 01 day of .JQVKMr 20]6. COUNTY OF EAGLE, STATE OF or lAct.e COLORADO,by and Through Its ATTEST: • BOARD OF COUNTY COMMISSIONERS * .r _ By: Teak J. Simonton anne McQueeney Clerk to the Board of hair County Commissioners liar I-J. Ryan Com P ssioner /1 att W EA, Kathy Ch.41 ler-Henry Commissioner Commissioner P-'f seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jeanne McQueeney Commissioner Jillian H. Ryan " Commissioner Kathy Chandler-Henry This Resolution passed by u vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 EXHIBIT A Legal Description of Temporary Easement 3 Project No.: SHO 0821-100 Project Code: 19212 Location: El Jebel Road, Eagle County Parcel No.TE-2 REAL PROPERTY DONATION Property owners whose real property is needed for a transportation improvement project may donate all or any part of the property to Eagle County, Colorado, or may donate (waive receipt of) all or any portion of just compensation due the owner for the property required for the project. Where the property owner wishes to use the donation for a tax deduction, the owner should seek advice from the Internal Revenue Service or a tax expert regarding the current rules for valuation. It is the property owner s responsibility to ascertain the fair market value of the property for tax purposes. If the property is contaminated, the costs to clean up such contamination will not exceed the value of the property. Donation of the property is made voluntarily and with full knowledge of the right to receive just compensation. See the attached"Exhibits"which are incorporated herein. The undersigned hereby releases Eagle County from obtaining an appraisal of the acquired property, waives the tight to receive an appraisal other than an appraisal for tax purposes as described above, and waive the right to receive just compensation for the property. The undersigned hereby agrees to execute the necessary conveyance instruments to transfer said property free and clear of all liens and encumbrances. ,/o%// Kevin Tucker Date Tammy J.Tuck 4r Date ACCEPTED FOR EAGLE COUNTY: III Date EAGLE COUNTY REAL PROPERTY TO BE ACQUIRED Temporary Easement Number:TE-2 FROM Tucker,Kevin and Tammy J. 19001 Highway 82 Carbondale,CO 81623-8509 FOR Project Code: 19212 Project Number:SHO 0821-100 Location:Eagle County El Jebel Road III EXHIBIT"A" PROJECT CODE:19212 PROJECT NUMBER:SHO 0821-100 TEMPORARY EASEMENT NUMBER:TE-2 DATE:JANUARY 13,2016 LEGAL DESCRIPTION A Temporary Easement No.TE-2 of the Eagle County,State of Colorado,Project Code 19212,Project Number SHO 0821-100,containing 931 square feet(0.0214 acres),more or less,situated within Parcel A,El Jebel Texaco,A Planned Unit Development according to the Plat recorded as Reception No. 528795 in the Eagle County records,also lying in Section 3,Township 8 South,Range 87 West of the 6th Principal Meridian,County of Eagle,State of Colorado,more particularly described as follows: Commencing at the Southeast Corner of Section 34,Township 7 South,Range 87 West of the 6th Principal Meridian being monumented with a 2'/�"General Land Office Survey Brass Cap,properly marked and dated 1924; Thence S70°53'39"W a distance of 1335.26 feet to a point on the northerly Right of Way(ROW)line of Colorado State Highway 82(Hwy.82)shown on CDOT ROW plans Project No.FC-STR(CX)082- 1(16),the TRUE POINT OF BEGINNING 1. Thence S84°09'17"E a distance of 7.64 feet; 2. Thence 35.00 feet along a curve to the left with a radius of 28.00 feet,a central angle of 71°37'11",the chord of which bears N60°02'07"E a distance of 32.77 feet; 3. Thence 22.30 feet along a curve to the left with a radius of 105.00 feet,a central angle of 12°10'04",the chord of which bears N18°08'30"E a distance of 22.26 feet; 4. Thence 117.46 feet along a curve to the left with a radius of 306.00 feet,a central angle of 21°59'35",the chord of which bears N01°03'40"E a distance of 116.74 feet; 5. Thence 36.09 feet along a curve to the left with a radius of 43.00 feet,a central angle of 48°05'28",the chord of which bears N33°58'51"W a distance of 35.04 feet to a point on the northerly property line of said Parcel A; 6. Thence S71°52'13"E along said northerly property line of Parcel A a distance of 21.10 feet to a point on the westerly ROW line of El Jebel Road as described in the Deed of Dedication described at Reception No.846476; 7. Thence S 10°37'41"E along said El Jebel Road ROW a distance of 7.58 feet; 8. Thence S05°57'09"E along said El Jebel Road ROW a distance of 91.20 feet; 9. Thence S15°28'15"W along said El Jebel Road ROW a distance of 73.61 feet to a point on said Hwy.82 ROW; 10.Thence S51°25'50"W along said Hwy.82 ROW a distance of 26.99 feet; 11.Thence N57°30'04"W along said Hwy.82 ROW a distance of 18.57 feet TO THE TRUE POINT OF BEGINNING: The above described Temporary Easement contains 931 square feet(0.0214 acres),more or less. The purpose of the above described Temporary Easement is access,grading,and construction for the El Jebel Road improvements. Basis of Bearings:All bearings are based on a bearing of S45°12'21"E a distance of 6947.20 feet between found Colorado Department of Highways State Highway 82 Control Monuments at Mile Post 18.6 and Mile Post 19.9. Legal Description Created By: Robert E.Brandeberry Colorado PLS#38388 For,and on behalf of SGM and Eagle County EXHIBIT B Memorandum of Agreement(without legal description exhibits) 4 ..,. COLei O DO DEPARTMENT OF TRANSPORTATION irt isa,) Parcel No: TE-2 . . .. MMORANDUM OF AGREEMENT - . ,. fttuiotA,:-Ioo (Local Public Agency) 41.111111111110M late 4■111111.11111■11, S .- Road, Eagle County State Highway No: 82 .., This agreement made on (date) /0/#02.. „XI,: s — 4 are EAGLE COUNTY,COLORADO (GRANTEE) for the purchase of the parcel(s) listed Owner(s) KEVIN TUCKER AND TAMMY 11 t-c,liC,ER (GRANTOR). Just compensation was determined by an appropnare . , . ... ...---* - prepared in accordance with Colorado state laws and regulations. The amount of money au --* i ---- -* isted below is full consideration for the following land, easements, improvements, and da Land (described in attached exhibits) : „tot;sq ftOil acresZ $0.00- Permanent and Slope Easements (described in a -4* -* t 1---1, 1 ' * . Sq ftLyacres $0 00- exhibits) Temporary Easements (described in attached exhrt041 : :::::-So fit3acres■4 $-DONATION Improvements $0 Damages $0 Gross Total $-DONATIOl■ Less Credit $0 Net Total $-DONATION- Other conditions: The temporary easements will become efezne 1,-,4-txte '.4.0,t.4.7e.mtn for construction. The easements will remain in effect during construction and shall terminate 30 dal s after the c....zetfnmz.c,,,:i;;,-.1 ,3- >7..i and in any event no later than 1 ytsar after the start of construction. The tern or -easements will net be reccr&-4 7,=Me C,70.C.I., C14,and Recorder The GRANTOR: 1) Will, at the closing, pay all taxes (including prorated taxes for the current year) and special assessments for the current year; 2) Has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public purposes; 3) Be responsible for securing releases from all liens judgments and encumbrances to deliver clear, unencumbered title to GRANTEE. Any encumbrance PaWked to de paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction ritemplated or from any other source; 4) Will execute and deliver to GRANTEE those documents rtdticated below 5) Excepts from the subject property described herein in the attached Exhibits, the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without payment of further compensation to the GRANTOR ary and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the GRANTOR; and 6) The GRANTOR further covenants and agrees that no a * *ration for, or development of any of the products, as described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be bind ng upon the GRANTOR and its heirs, personal and legal representatives, successors and assigns forever ••■ , . 4 iiiir.4 i' i t i 14-1. By: Ea a e Cain y Attorrp'1 Off' By: ccol3FOrm As 2109 Eagle C ur,t-v Commissioners' Office — NOTE: At GRANTOR'S sole discretion, the GRANTOR may convey the underlying mineral estate owred by GRANTOR to the GRANTEE, GRANTEE makes no representations about the nature, title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE, Paragraphs 5 and 6, as set forth above, will be deleted from this Memorandum of Agreement and the conveyance document. O GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 5 and 6 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: 1) Will be entitled to specific performance of this agreement upon tender of the agreed consideration; 2)Will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law; 3) Will make payment after receiving acceptable conveyance instruments from the GRANTOR; 4) Will take possession and use of the parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE disburses funds to GRANTOR. Transfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement, and release of the payment from escrow to the GRANTOR, unless other arrangements are made that follow Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended; and 5) Will prepare the following documents: • General Warranty Deed D Utility Easement O Access Deed 0 Permanent Easement D Full Release(s) Book/Page: 0 Slope Easement Partial Release(s) Book/Page: Temporary Easement El Or(specify) LI Title Company to prepare documents except Order Warrant $-DONATION Payable to: KEVIN AND TAMMY J. TUCKER Order Warrant$ Payable to: Real Estate Specialist GRANTOR s !nature Attach form W-9 AAAA4. -• GRANTOR (if applicable) C\CQ Local Public Agency Approval GRANTEE signature cc:LPA(original) Property Owner CDOT Region ROW Office CDOT Form#183 2/09 Editions prior to 2/09 are obsolete and may not be used Page 2 of 2