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HomeMy WebLinkAboutR16-006 Red Dirt Bridge Commissioner 1L-114-z.,c moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2016- Oa(D RESOLUTION AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE RED DIRT BRIDGE REPLACMENT PROJECT WHEREAS, Eagle County was selected to receive grant funding from the Federal Highway Administration(FHWA)through the Federal Lands Access Program(FLAP) to replace the Red Dirt Bridge over the Colorado River on the Colorado River Road; and WHEREAS, the replacement of the Red Dirt Bridge will require the acquisition of fee title to certain land and the purchase of a temporary easement all generally located at 15565 Colorado River Road(hereinafter collectively the "Subject Property") from Thomas Pool and Christine Atkinson(hereinafter"Grantors"); and WHEREAS, an appraisal was made on the Subject Property and the Grantors and Eagle County entered into a Memorandum of Agreement setting forth certain terms and conditions for the acquisition of a fee interest and temporary easement in the Subject Property. The Memorandum of Agreement is attached as Exhibit A; and WHEREAS,various documents will need to be signed in connection with the acquisition of right-of-way and the temporary easement for the Red Dirt Bridge Replacement Project, and the Eagle County Board of County Commissioners (hereinafter"Board")wishes to authorize any of the County Commissioners to execute all necessary documents. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby approves and agrees to purchase the necessary right-of-way and temporary easement for the Red Dirt Bridge Replacement Project. THAT,the Board authorizes any Commissioner to execute on its behalf any and all necessary documents, instruments, papers or other forms necessary to acquire the required interests in the Subject Property, all in a form acceptable to the Eagle County Attorney. AP ',RC JEf '" 0 =0Fi _� 15: thp c:hc)e`-;3I y \tt�a1C `;;c;fifl('E; r "rJ-`_Co+(ntV;°immisG f :)fflcy THAT,the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the z4 day of ,ut1 2016. COUNTY OF EAGLE, STATE OF E � x COLORADO, By and Through Its BO I CO CO MISSIONERS ATTEST: * ""' * / / ' vp Clerk to thAoard of ath handler-Henry a County Commissioners Ch � n'r ne McQueen y s�/ r Ji, an H. Ryan ommissioner Commissioner 14/\6-Q J rc_•--( seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry . k Commissioner McQueeney AAA Commissioner Ryan 4-14' This resolution passed by ` vote of the Board of County Commissioners. Project Code d TI-1 Parcel No:ROW-1,an . EAGLE COUNTY MEMORANDUM OF Project No CO FLAP 301(1) AGREEMENT Location: Red Dirt Bridge County:"Eagle EAG-301-15.6 This agreement made on(date)12/22/i5is between the Eagle County(GRANTEE)for the purchase of a fee simple interest in a parcel(s)of land(See description set forth in Exhibit A)and the purchase of a temporary construction easement (See description set forth in Exhibit B)from the e Owner(s) Thomas Pool and Christine Atkinson ` (GRANTOR). Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado j state laws and regulations.The amount of money and/or compensation listed below is full consideration for the • following land, easements,"improvements,and damages of an kind. Land(described in attached exhibits) 0.13 Sq.ftD/acres® $4,940 Permanent and Slope Easements(described in°attached Sq.ft[]/acresf] $ exhibits].. s Temporary Easements(described in attached exhibits) 6,354 Sq.ft®/acres $515 Improvements(Fence and Trees) $1,975 Damages $ Gross Total, .$7,430 Less Credit . $ Net Total, $7,430 Other conditions: The temporary constriction easement and fee simple interest in land are collectively referred to herein as the • "Property". The GRANTOR: 1)Will, at the closing,pay all taxes.(including prorated taxes for the current year)and special assessments for the • current year;. .a : 2)Has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the Property for public purposes; a � t z • 3)Be responsible for securing releases from all liens,judgments and encumbrances to deliver clear,-unencumbered • title to GRANTEE. Specifically,Grantor shall be responsible for obtaining releases of any mortgages or any other liens,judgments and encumbrances identifed in Schedule B-1 Of'a title commitment to be obtained by • GRANTEE such that the Property is delivered free and clear of any liens=and encuinbracnces.Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction hereby contemplated or from any other source; 4)Will execute and deliver to GRANTEE those documents indicated below; - 5)Will comply with all requirements of GRANTOR identified in Schedule B-1 of a title commitment to be obtained by GRANTEE from Heritage Title Company, including but not limited to,the release of liens and execution of lien or other affidavits; 6) Will cooperate with GRANTEE so that standard title exceptions can be deleted by the title company in any policy to be paid for and issued to GRANTEE; 7)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, C15-503 APPRO)/E 76 TO Fd M By: .,F/ %;LIWiI ((a • without payment of further compensation to the GRANTOR, any and all sand,gravel,earth,rock, and other road bu lduig materials found m or upon said subject Property and belonging to the GRANTOR; and 8)The GRANTOR further covenants and agrees that no exploration 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 becarried 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 a covenants and agreements hereunder, shall inure to and be binding upon the GRANTOR and its heirs,personal P P and legal representatives,successors and assigns forever; 9) Will identify in writing to GRANTEE any off-record matters that may affect the Pr t � ) fY � � g y Property of which GRANTOR is aware; 10) Will identify any claims or litigation that is threatened or pending against the Property of which GRANTOR is aware; 11) Any taxes and fees to be pro-rated in connection with the closing shall be considered,a final settlement; and 12) Represents and warrants that no broker is involved on behalf of GRANTOR and no commission is due and owing to any third party. NOTE: At GRANTOR'S sole discretion,the GRANTOR may convey the underlying mineral estate owned by 4 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 7 and as set forth above,will be deleted from this Memorandum of Agreement and the conveyance document. 0 GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 7 and 8 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 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 III of the Uniform' Relocation Assistance and Real Property Acquisition Act of$1970, as amended; and 5)Will pay the cost to obtain a title policy on the Property and will pay the cost of any endorsements or other c overage desired by GRANTEE; 6) This Memorandum of Acceptance must be approved/ratified by the Eagle County Board of County Commissioners at a regularly scheduled public meeting and is subject to the TABOR Amendment and local '' government budget law; 7)Will comply with any requirements in Schedule B=1 -applicable to GRANTEE; 8)Will pay-any recording or documentary fees;if any, 9)Represents and warrants that no broker is invovled on behalf of GRANTEE and no commission is due and owing to any third party; 10)Will prepare a General Warranty Deed and Temporary Easement in'a form to be mutually agreed upon; 11)Will pay any documented penalty costs for prepayment of any existing recorded mortgage;and -- 12) Will prepare the following documents: Page 2 of 3 . CDOT Form#784-2/09a Editions prior to 2/09 are obsolete and may not be used -T ® General Warranty Deed ❑ Utility Easement ❑ Access Deed ❑ Permanent Easement Ei Full Release(s) Book/Page: ❑ Slope Easement ❑ Partial Release(s) Book/Page: El Temporary Easement ❑ Or(specify) X Title Company to prepare all other required documents except General Warranty Deed and Temporary ❑ Easement Order Warrant$7,430.00 Payable to Thomas Pool and Christine Atkinson Order Warrant$ Payable to: GRANTOR signature Attach form W-9 ii--,67.--e GRANTOR(if applicable) eli,d7:::::. ..: ,. a„....4.,4,......,..____, G' TEE signature dr./0/4„.... i,o/ / / l cc: Page 3 of 3 CDOT Form#784—2/09a Editions prior to 2/09 are obsolete and may not be used