HomeMy WebLinkAbout20130998.tiffRESOLUTION
RE: APPROVE NONEXCLUSIVE UTILITY EASEMENT AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - ST. VRAIN SANITATION DISTRICT
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 Buildings and Grounds, and St.
Vrain Sanitation District, 11307 Business Park Circle, Firestone, Colorado, 80504, 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 Utility Easement 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 Buildings and Grounds, and St. Vrain Sanitation District, 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 24th day of April, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO Y, COLORADO
Weld County Clerk to the Board
BY:
Deputy
APPROV
7
ounty Attorney
MAY 07 2013
Date of signature:
Will , Chair
Barbara Kirkmeyer
cc. `6 1 ask
2013-0998
EG0068
NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT
WELD COUNTY and ST. VRAIN SANITATION DISTRICT
THIS AGREEMENT is made this /7 day of , 2013, between County of
Weld, a body corporate and politic of the State of Col rado, by and through its Board of County
Commissioners, ("Grantor"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631;
and ST. VRAIN SANITATION DISTRICT, a quasi -municipal corporation and political
subdivision of the State of Colorado (the "District"), whose legal address is 11307 Business Park
Circle, Firestone, CO 80504,
FOR GOOD AND VALUABLE CONSIDERATION, including the payment for damage to
crops, if any, the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the
District, its successors and assigns, a permanent non-exclusive right ("Easement") to occupy and
use certain portions of Grantor's properties situated in Section 1, TownshiplNorth, Range 68
West of the 6h PM, Weld County, Colorado, (the "Property"), to construct, lay, install, inspect,
monitor, maintain, repair, renew, substitute, change the size of, replace, remove, operate and use
one or more 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 District, in, through, over, under, and across the Property, together with the right
of ingress and egress over Grantor's adjacent real property for the purposes for which the above -
mentioned rights are granted, including a Temporary Easement for Construction 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. The District shall have and may exercise the right of ingress and egress in, to, over,
through and across the Easement for any purpose needed for the full enjoyment of any other right
of occupancy or use provided for herein.
2. 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 District's
access to its facilities. Any prohibited use or installation located on the Easement as of or after
the date of this Agreement, including installations not conforming to the conditions stated herein,
may be removed by the District 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.
3. All sewer pipelines installed within the Easement shall be laid not less than five (5) feet
below the surface of the adjacent ground.
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Steve Moreno, Clerk and Recorder, Weld County, CO
Ill PiVI 7IAti?iefill4y64XN13iV!4)114111111
2013-0998
4. Grantor shall neither take nor permit any action which would cause the earth cover over
any pipeline within the 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 a
District pipeline without advance written authorization from the District, which shall provide for
full payment or reimbursement to the District of all costs of adjusting District facilities made
necessary by such modification.
5. After any construction or other operations by the District which disturb the surface of the
Property, the District 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 District
facilities. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth
resulting from installations by the District shall be removed from the Property at the sole expense
of the District. For a period of one (1) year following disturbance of the surface of the Property
by the District, the District 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 District.
Seeding or sod replacement will be completed by the District as soon as is practical after
completion of the installation and grading.
6. Grantor has the right to grant rights to other utilities (such as water, gas and electricity
etc.) to utilize this Easement through and across the Easement granted herein, provided that such
other grantees do not interfere with the District's rights herein granted. Public utilities which
cross the District's lines shall cross at approximately right angles, and utilities which parallel the
District'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 Easement, including
fences, trails, bike paths, etc., must be approved in writing by the District before installation.
7. Grantor retains the right to the undisturbed use and occupancy of the 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.
8. If the District, by written instrument, releases and relinquishes its easement rights herein
granted and ceases to use the same, all right, title and interest of the District 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 District so released.
9. Grantor warrants that it has full right and lawful authority to make the grant herein
contained, and promises and agrees to defend the District 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. District, may in its sole discretion, require Grantor to obtain such other
consents and releases from mortgage holders.
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Steve Moreno, Clerk and Recorder, Weld County, CO
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10. 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.
11. 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: BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
ATTEST:
Weld County Clerk to the Boar
BY.
Deputy Clerk"o the Board
STATE OF COLORADO )
ss.
COUNTY OF
William F. Garcia, Chair
APR 2 4 2013
The foregoing instrument was acknowledged before me by William F. Garcia Chair of the Board
of County Commissioners of Weld County, Colorado, as Grantor, this attn.-day of
U9in L , 2013.
My commission expires: < GuP0 Ike
Witness my hand and official seal.
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Steve Moreno, Clerk and Recorder, Weld County, CO
lilt M��1�Y31�4��I�h'�f Ithig BIM
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TAMMY LEE WATERS W
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124078542
MY COMMISSION EXPIRES DECEMBER 5, 2C !fi
,90/3 v9��8
ST. VRAIN SANITATION DISTRICT
A ��
Di trict Manager
r
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
By:
President
11307 Business Park Circle
Firestone, CO 80504
as to Form and Content:
District Legal Counsel
The foregoing instrument was acknowledged before me by
President of St. Vrain Sanitation District, this / 7 day of
My commission expires:
Witness my hand and official seal.
/≥-8/2oi4-
Pages: 4 of 0.e0
05/02/2013213 52 Pand Recorder, Weld County, MgL ��R`` F�4yee0110100$0. col {� ®IIII
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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
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Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIFPVIM�Iti��aU41Lk'I+rGPhIII
PERMANENT SEWER
EASEMENT
SITE:
LOT 1 BLOCK 1
SHARPE SUBDIVISION
FIRST FILING
WELD COUNTY PUBLIC WORKS
DEPARTMENT
DACONO
PROJECT:
SCALE;
DATE: DEC. 21, 2012
DRAWN BY: DRH
SHEET: 1 of 2
FD #4 REBAR
WITH A RED CAP
STAMPED RLS 23027
EXHIBIT -A
SI-TIN-R68W
FD #4 REBAR P.O.C.
WITH A YELLOW CAP
STAMPED RLS 23513
WELD COUNTY
PARC. #146701000026
RECP. #2434304
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COLORADO EAST BANK & TRUST
PARC. #146701101001
RECP. #3168003
889'30'03'E 227.00
YD -�j�♦� T; S TE-1
P.O.B. �N ����S8 '3003RE 22 .95 E k
•oo 89'30'03'W 226.90 j
N
2
ED #5 REBAR
WITH A YELLOW CAP
STAMPED RLS 28283
CITY OF DACONO
PARC. #146701102002
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'W 226,65
'6
FD (j5 REBAR
WITH A YELLOW CAP
STAMPED RLS 28283
S00.05'23'E
PERMANENT SEWER EASEMENT
SITE:
LOT 1 BLOCK 1
SHARPE SUBDIVISION
FIRST FILING
G_D U -N -T Yr
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 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;
TE-1
THENCE ALONG SAID LINE 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 LINE A DISTANCE OF 20.00 FEE";
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 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 226.85 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
3929213 Pages: 7 of 8
05/02/2013 12:52 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIIIM��1PlK?Wu4ePlN'Itl6�l'�rl�iPJP�44Y tIE,14 ®IIII
TEMPORARY CONSTRUCTION
EASEMENT
SITE:
LOT1BLOCK1
SHARPE SUBDIVISION
FIRST FILING
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
WITH A YELLOW CAP
STAMPED RLS 23513
WELD COUNTY
PARC. #146701000026
RECP. #2434304
P.O.B.
P.O.C.
0)
n
0,
W
v y FD $5 REBAR
FD #4 REBAR o WTH A YELLOW CAP
WITH A RED CAP STAMPED RLS 28283
STAMPED RLS 23027 7
0
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COLORADO EAST BANK & TRUST
PARC. #146701101001
RECP. #3168003
S89'30'03'E 227.00
�-� R 0
TE-1 TEMPORARY4539.6T sq. ft.t E E
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ERMANENr SEWER EASEMENT
N89'30'0*'W . 2'26.90
N89'48'25'E
344.89
OF BEARINGS)
CITY OF DACONO
PARC. #146701102002
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.
TE-2 TEMPO-.' CO 0
4537.5 sq. ft.±
X x x
N89'30'03'W 226.85
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FD 85 REBAR
HUH A YELLOW CAP
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TEMPORARY CONST. EASEMENT
SITE:
LOT 1BLOCK 1
SHARPE SUBDIVISION
FIRST FILING
co_uTY
WELD COUNTY PUBLIC WORKS
DEPARTMENT
DACONO
PROJECT:
SCALE: 1"-501
DATE: DEC. 21, 2012
DRAWN BY: DRH
SHEET: 2 of 2
Stephanie Arries
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Afternoon Elizabeth!
Stephanie Arries
Tuesday, April 09, 2013 12:32 PM
'elizabeth@stsan.com'
Leon Sievers; Toby Taylor
FW: Agreement with Weld County Government
Signed Nonexclusive Utility Easement.pdf
I am attaching the signed copy of the Board's Agreement with the Bank in which the County acquired the
easement which it is transferring to the Sanitation district.
I believe this is all you need in order to have your board sign the agreement with the County.
Please let me know if further documentation is needed before your Board's meeting next week!
Have a great — if snowy — day!
Stephanie L. Arries
Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
Tel: 970-356-4000 ext 4394
Fax: 970-352-0242
Email: sarriesco.weld.co.us
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
From: Stephanie Arries
Sent: Wednesday, March 27, 2013 12:41 PM
To: 'elizabeth@stsan.com'
Cc: Toby Taylor; Leon Sievers
Subject: Agreement with Weld County Government
Elizabeth,
Thank you for your call today!
Attached is the Agreement for the County and the District to sign, as we discussed.
I used the District's form and just inserted the relevant information. I also attached the Exhibits describing the
permanent and temporary easements.
l
After the District has signed the Agreement, would you please send that signed Agreement to me ? — After I
receive it, it will be presented to the Board of County Commissioners for approval and execution. — Then we
will be ready to go!!!
The signed Agreement which Colorado East Bank & Trust is also attached. As you can see, the County is
transferring to the District exactly what the Bank transferred to the County. After the Board of County
Commissioners signs the Bank Agreement, I will send a scanned copy to you, and will record the original. I
expect the Board to approve it next Monday and to have it signed sometime next week.
If you have any questions/comments, please let me know!
Thank you for your assistance in helping this project move forward!
Stephanie L. Arries
Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
Tel: 970-356-4000 ext 4394
Fax: 970-352-0242
Email: sarries(a�co.weld.co.us
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
2
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