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Home My WebLink About20130825.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE UTILITY EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO EAST BANK AND TRUST 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 a Nonexclusive Utility Easement Agreement 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 Colorado East Bank and Trust, 100 West Pearl, Lamar, Colorado, 81052, 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 Nonexclusive License Agreement 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 Colorado East Bank and Trust, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTES I~ Inner Weld County Clerk to the Board Barbara Kirkmeyer ounty Attorney APR 1 1 2013 Date of signature: EXCUSED William F. Garcia, Chair Douglas IRademac er, Pro-Tem CC. Wi 44is 2013-0825 EG0068 NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT WELD COUNTY and COLORADO EAST BANK & TRUST 20'3 �J THIS AGREEMENT is made this /A day of icesir,ec1 , 26-12, between Colorado East Bank and Trust, whose main branch is located at 100 West Pearl, Lamar, Colorado 81052, (and whose local branch for purposes of this Agreement is located at 801 Flying Circle Blvd, Dacono, Colorado 80530), hereinafter referred to as "Grantor" 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." FOR GOOD AND VALUABLE CONSIDERATION, Twenty -Two thousand Nine Hundred Fifty -Six and no/100 Dollars ($22,956.00), including the payment for damage to existing improvements, if any, the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the County, its successors and assigns, a permanent non-exclusive right ("Easement") to occupy and use certain portions of Grantor's property in Weld County, Colorado, (hereinafter referred to as the "Property"). Grantor acknowledges and agrees that County shall transfer the Property together with all rights set forth in this Agreement to St. Vrain Sanitation District (hereinafter referred to as the "District") in order that the District may construct, lay, install, inspect, monitor, maintain, repair, renew, substitute, change the size of, replace, remove, operate and use one underground sanitary sewer lines, and all underground and surface facilities and appurtenances thereto, including surface manholes, of such size and capacity as necessary or required by the County, in, through, over, under, and across the Property, together with the right of temporary ingress and egress over Grantor's adjacent real property for the purposes for which the above -mentioned rights are granted, including a Construction Easement as described herein. The legal description and diagram of the Permanent Easement hereby granted is set forth on the attached Exhibit "A" and the legal description and diagram of the Temporary Easement for construction hereby granted is set forth on the attached Exhibit "B". The Temporary Easement for Construction shall expire two (2) years after the satisfactory completion of the sewer project, to allow the Contractor to complete any necessary warranty work. IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. As County shall transfer the Permanent and Temporary Easements and all rights granted pursuant to this Agreement to the District in order that the sanitation lines described in this Agreement may be installed, all references in this Agreement to `County' shall be understood by Grantor to include the District. 2. The County shall have and may exercise the right of ingress and egress in, to, over, through and across the Permanent and Temporary Easements for any purpose needed for the full enjoyment of any other right of occupancy or use provided for herein. 3. Grantor shall neither cause, nor permit, the permanent parking or storage of goods or equipment, or the construction or placement of any structure or building, street light, power pole, yard light, within any part of the Easement which unreasonably interferes with the County's ,e/3 - cfS access to its facilities. Any prohibited use or installation located on the Permanent Easement as of or after the date of this Agreement, including installations not conforming to the conditions stated herein, may be removed by the County at Grantor's expense without liability to it for damages arising there from. Grantor shall neither cause nor permit the planting of any tree, the roots of which can be expected to extend more than the horizontal distance from the tree to the centerline of the sewer line. 4. All sewer pipelines installed within the Permanent Easement shall be laid not less than five (5) feet below the surface of the adjacent ground. 5. Grantor shall neither take nor permit any action which would cause the earth cover over any pipeline within the Permanent Easement to be less than three (3) feet or more than ten (10) feet, measured vertically from the top of the pipeline. Grantor shall not modify the earth cover over the County's pipeline without advance written authorization from the County, which shall provide for full payment or reimbursement to the County of all costs of adjusting County facilities made necessary by such modification. 6. After any construction or other operations by the County which disturb the surface of the Property, the County will restore the general surface of the ground, including paving and authorized appurtenances, as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate County facilities. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the County shall be removed from the Property at the sole expense of the County. For a period of one (1) year following disturbance of the surface of the Property by the County, the County will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the County. Seeding or sod replacement will be completed by the County as soon as is practical after completion of the installation and grading. 7. Grantor has the right to grant rights to other utilities (such as water, gas and electricity etc.) to utilize this Permanent Easement through and across the Permanent Easement granted herein, provided that such other grantees do not interfere with the County's rights herein granted. Public utilities which cross the County's lines shall cross at approximately right angles, and utilities which parallel the County's facilities shall not be located closer than ten (10) feet thereto. Except for utilities as herein authorized and for roadways, all surface and subsurface uses of the Permanent Easement, including fences, trails, bike paths, etc., must be approved in writing by the County before installation. 8. Grantor retains the right to the undisturbed use and occupancy of the Permanent Easement insofar as such use and occupancy; (1) are consistent with and do not impair any grant or covenant herein contained; and (2) do not require the Grantee to undertake any actions or incur any expenses/costs that are beyond what is normal and customary under applicable industry standards for the installation, use, and operation of sanitary sewer facilities, such additional protective sheathing, increased depth, relocation, or other protective measures. 9. Owner shall retain the mineral estate associated with the Permanent Easement interests, and shall also retain any water rights currently attached or associated with said Permanent Easement. 10. If the County, by written instrument, releases and relinquishes its Permanent Easement rights herein granted and ceases to use the same, all right, title and interest of the County hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property, as the same may then be, free from the rights so released and relinquished and shall own all material and structures of the County so released. 11. Grantor warrants that it has full right and lawful authority to make the grant herein contained, and promises and agrees to defend the County in the exercise of its rights hereunder against any defect in title or in Grantor's rights to make said grant, subject to general taxes for the year this instrument is recorded, and subject further to easements, encumbrances, exceptions, limitations, restrictions and reservations contained in instruments of record prior to the date this Agreement is recorded. County, may in its sole discretion, require Grantor to obtain such other consents and releases from mortgage holders. 12. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 13. This writing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. GRANTOR: COLORADO EAST —BANK and TRUST Signatur Title: C,2- U Address: -76) 4—X /0 / `7 .ZAa-r- 4-h & S7/ 05 -17 - STATE OF COLORADO ) ) ss. COUNTY OF Pr OWE ) The foregoing instrument was acknowledged before me by nj{tphcn 9er!OC k as Grantor, this a day of IXI. r(' h , 2013. My commission expires: -- 1- a 4 - 13 Witness my hand and official seal. CL/0- Notary Public ACCEPTANCE BY BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO GRANTEE: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ATTEST: Doug as Rademacher, Chair Pro-Tem Weld County Clerk to BY - Deputy Clerk o the Board STATE OF COLORADO ) ,I� )ss. COUNTY OF U�Lu� ) Douglas Rademacher The foregoing instrument was acknowledged before me by •Chair Pro-Tem of the Board of County Commissioners of Weld County, Colorado, as Grantor, this ICI- day of O , 2013. My commission expires: Witness my hand and official seal. l)Asi-)D,Le "4;MMY LEE WATERSNOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124078542 DECEMBER 5, 2016 Notary Public EXHIBIT -A SI-TIN-R68W PROPERTY DESCRIPTION PERMANENT SEWER EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT 1 BLOCK 1 OF SHARPE SUBDIVISION FIRST FILING AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3014030 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF COMMENCEMENT THE NORTHERLY PROPERTY CORNER COMMON TO LOT 1 BLOCK 1 OF SAID SHARPE SUBDIVISION FIRST FILING AND LOT A OF RECORDED EXEMPTION -1656 AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2431734 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE LINE COMMON TO LOT 1 BLOCK 1 OF SAID SUBDIVISION AND LOT A OF SAID RE -1656 AS BEARING SOUTH 00'14'14" EAST A DISTANCE OF 367.75 FEET TO THE SOUTH EASTERLY CORNER OF LOT A OF SAID RE -1656 DESCRIBED AS SHOWN; THENCE ALONG SAID LINE SOUTH 00'14'14" EAST A DISTANCE OF 252.19 TO THE POINT OF BEGINNING THENCE DEPARTING SAID PROPERTY LINE SOUTH 89'30'03" EAST TO THE WESTERLY RIGHT-OF-WAY LINE OF FLYING CIRCLE BOULEVARD A DISTANCE OF 226.95 FEET; THENCE SOUTH 00'05'23" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 89'30'03" WEST TO THE EASTERLY PROPERTY LINE OF SAID RE -1656 A DISTANCE OF 226.90 FEET; THENCE NORTH 00'14'14" WEST ALONG SAID PROPERTY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4538.5 sf. 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 PERMANENT SEWER EASEMENT SITE: LOT 1BLOCKI SHARPE SUBDIVISION FIRST FILING e,. 1 4 �i,l r, WELD COUNTY PUBLIC WORKS DEPARTMENT DACONO PROJECT: SCALE, DATE DEC. 21, 2012 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A SI-TIN-R68W FD #4 REBAR 1WTH A YELLOW CAP STAMPED RLS 23513 WF[.,D COUNTY PARC . # I4o7n Inuu02h RI.C I'. #2414 ;WI FD #4 REBAR WITH A RED CAP STAMPED RLS 23027 P.0.8 P.O.C. 0 N In N COLORADO EAST BANK & TRUST PARC. #146701101001 RECP. #3168003 589130'03'E 227.00 N u S09 30 Q3'E4/226.95 K ru 0 7 FD #5 REBAR MTH A YELLOW CAP STAMPED RLS 28283 CITY OE DA('ONO I'A1ZC. # I4070 I I('22UU2 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. N89'30'03'V 226.85 k FD #5 REBAR WITH A YELLOW CAP STAMPED RLS 28283 1 PERMANENT SEWER EASEMENT SITE LOT 1 BLOCK 1 SHARPE SUBDIVISION FIRST FILING WELD COUNTY PUBLIC WORKS DEPARTMENT DACONO PROJECT SCALE, 1"=50' DATE DEC. 21, 2012 DRAWN BY'. DRH SHEET. 2 of 2 EXHIBIT -B SI-TIN-R68W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TWO PARCELS OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD. STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT 1 BLOCK 1 OF SHARPE SUBDIVISION FIRST FILING AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3014030 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF COMMENCEMENT FOR TE-1 AND TE-2 THE NORTHERLY PROPERTY CORNER COMMON TO LOT 1 BLOCK 1 OF SAID SHARPE SUBDIVISION FIRST FILING AND LOT A OF RECORDED EXEMPTION -1656 AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2431734 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE UNE COMMON TO LOT 1 BLOCK 1 OF SAID SUBDIVISION AND LOT A OF SAID RE -1656 AS BEARING SOUTH 00'14'14" EAST A DISTANCE OF 367.75 FEET TO THE SOUTH EASTERLY CORNER OF LOT A OF SAID RE -1656 DESCRIBED AS SHOWN; TE-1 THENCE ALONG SAID UNE SOUTH 00'14'14" EAST A DISTANCE OF 232.19 TO THE POINT OF BEGINNING. THENCE DEPARTING SAID PROPERTY LINE SOUTH 89'30'03" EAST TO THE WESTERLY RIGHT-OF-WAY LINE OF FLYING CIRCLE BOULEVARD A DISTANCE OF 227.00 FEET; THENCE SOUTH 00'05'23" EAST ALONG SAID WESTERLY RIGHT-OF-WAY UNE A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 89'30'03" WEST TO THE EASTERLY PROPERTY LINE OF SAID RE -1656 A DISTANCE OF 226.95 FEET; THENCE NORTH 00'14'14" WEST ALONG SAID PROPERTY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4539.6 sf. MORE OR LESS. TE-2 THENCE ALONG SAID LINE SOUTH 00'14'14" EAST A DISTANCE OF 272.19 TO THE POINT OF BEGINNING; THENCE DEPARTING SAID PROPERTY LINE SOUTH 89'30'03" EAST TO THE WESTERLY RIGHT—OF—WAY LINE OF FLYING CIRCLE BOULEVARD A DISTANCE OF 226.90 FEET; THENCE SOUTH 00'05'23" EAST ALONG SAID WESTERLY RIGHT—OF—WAY UNE A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID RIGHT—OF—WAY LINE NORTH 89'30'03" WEST TO THE EASTERLY PROPERTY LINE OF SAID RE -1656 A DISTANCE OF 226.85 FEET; THENCE NORTH 00'14'14" WEST ALONG SAID PROPERTY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4537.5 sf. 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 TEMPORARY CONSTRUCTION EASEMENT SITE LOT 1 BLOCK 1 SHARPIE SUBDIVISION FIRST FILING GOU.NT T_ WELD COUNTY PUBLIC WORKS DEPARTMENT DACONO PROJECT SCALE, DATE DEC. 21, 2012 DRAWN BY DRH SHEET. 1 of 2 EXHIBIT -B SI-TIN-R68W FD #4 REBAR 14TH A YELLOW CAP STAMPED RLS 23513 \VELD COUNTY I'ARC. #I4670lnilil(I 6 RI ('I'. #2414304 P.O.B. FD $ REBAR WITH A RED CAP STAMPED RLS 23027 P.O.C. 0) N N N COLORADO EAST BANK & TRUST PARC. #146701101001 RECP. #3168003 589'30'03'E 227.00 N S89'30'03E 226.95< moo/ O/ N TEMPORARY CONSTRUCTIONEASEMENT 4539.6 sq. ft.* 8 / / / / / / / / / / / / // PERMANENT SEWER EASEMENT / /// // 0 N N89'30'03' TEMPORARY CONSTRUCTION EASEMENT 4537.5 sq. ft.* N N89'30'0 'W 226,85 N89'48'25'E S00'14'14'E 367, 0 FD /5 REBAR A WITH A YELLOW CAP STAMPED RLS 28283 344.89 CITY OF' DACONO PAILC. #I-0,701 1020011 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. FD #5 REBAR WITH A YELLOW CAP STAMPED RLS 28283 W N TEMPORARY CONST. EASEMENT SITE. LOT 1 BLOCK 1 SHARPE SUBDIVISION FIRST FILING G O_U.N T �_ WELD COUNTY PUBLIC WORKS DEPARTMENT DACONO PROJECT. SCALE, 1"=50' DATE. DEC. 21, 2012 DRAWN BY'. DRH SHEET 2 of 2 Hello