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2012-1358
THE GREAT WESTERN
• D P. ) g L O P H B r Z COMPANY
Derek Glosson
Engineering Development Manager
The City of Greely
1100 10th Street,Suite 402
Greeley,CO 80631
Re: Request for water service for the Musket trans-loading site at the former Kodak plant in Weld
County(the"Kodak Site")
Dear Derek:
Windsor Renewal 1,LLC("Windsor Renewal")is writing in connection with its ownership and
management of the Kodak Site. Windsor acquired the Kodak Site in December of last year and entered
into a lease with Musket that permits Musket to operate a trans-loading facility on a portion of the Kodak
Site(the"Musket Parcel"). The proposed use of the Musket Parcel requires certain land use and zoning
approvals from Weld County,which Windsor Renewal is in the process of obtaining. During the review
of those approvals,Weld County has several times asked who would provide Water Service to the Musket
Parcel. To that end,we are requesting that the City of Greely(the"City")agree to provide water service
to the Musket Parcel on an interim basis.
• The use of the Minket Parcel for a trans-loading facility is temporary,and as such,we are only requesting
that the City agree to provide water to the Musket parcel on an interim basis. As Windsor Renewal has
only owned the Kodak Site for a few months,it is still determining the best use for the Kodak Site and
while it finalizrs those plans,Windsor Renewal agreed to lease the Musket Parcel to Musket as a means
of generating income. Therefore,we are only asking that the City agree to provide water to the Musket
Parcel on an interim basis that coincides with Musket's temporary use of that piece of land. We would
work with the City to finalize the length and specifics of the agreement to ensure that Musket,Windsor
Renewal,and the City are satisfied with its terms.
We have included a proposed water service plan for your reference. The annual usage on the Musket
Parcel will be 36,500 gallons,which will service the office trailer,emergency showers and emergency fire
service via an on-site fire hydrant.
Please let us know if you have any additional questions.
cerely, L
ac
ay Dr e
Director of Business Development
Great Western Development Company
•
252 Clayton Street •Denver,CO 80206.303393-0033.700 Automation Drive,Unit A•Windsor,CO 80550.970-686.8831
•
WINDSOR TRANSLOADING STATION
PROPOSED POTABLE WATER SERVICE EXHIBIT
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•
CITY OF GREELEY,COLORADO
RESOLUTION 79 ,2011
A RESOLUTION CONCERNING THE EXCHANGE OF PERMANENT EASEMENTS
FOR CITY OF GREELEY WATER TRANSMISSION PIPELINES
WHEREAS, the City of Greeley (the "City") is a Colorado home-rule municipality
empowered pursuant to Sections 1 and 6 of Article XX of the Colorado Constitution to, inter alia,
construct,purchase,acquire,lease,add to,maintain,conduct,and operate sanitary sewer works and
everything required therefor,within or without its territorial limits, for the use of the City; and
WHEREAS, Section 15 of Article II and Section 7 of Article XVI of the Colorado
Constitution further authorize the City to acquire water pipeline easements for domestic,irrigation,
drainage and other purposes; and
WHEREAS,Section 17-4(c)of the Charter of the City provides that any sale or exchange of
water,water and sewer facilities or land shall be approved by the City Council;and
WHEREAS, by virtue of that certain Easement, recorded December 8, 1932, in Book
Number 940 at Page 399 at Reception No. 657528,in the records of the Clerk and Recorder of the
• County of Weld, State of Colorado(the"Easement Agreement"),attached hereto as Exhibit A and
hereby incorporated by reference,Great Western Sugar Company("Great Western"),as the owner of
the property described in the Easement Agreement(the"Property"),granted to Greeley an easement
for the purpose of the transportation of water; and
WHEREAS, Eastman Kodak Company, a New Jersey corporation ("Kodak"), and Broe
Land Acquisitions II,LLC,a Colorado limited liability company("Broe"),have succeeded to all of
the interests of Great Western as the owner of the Property; and
WHEREAS, two City treated water transmission pipelines were relocated to, and/or now
exist and operate at, locations on property owned by Kodak and Broe that are different than the
location described in the Easement Agreement, without a recorded instrument documenting the
City's rights with respect to those pipelines; and
WHEREAS,Broe and Kodak are willing to execute easements confirming the City's rights
with respect to the two City water pipelines in question in their current and actual locations,upon the
City's formal termination of its rights pursuant to the Easement Agreement; and
WHEREAS, the Council has determined that the exchange of interests in real property
described herein is necessary for the development and use of said water pipelines;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
• GREELEY, COLORADO:
��7
•
Section 1. The City hereby determines that it is necessary for the City to acquire permanent
easements substantially in the form described on Exhibits I and 2 and their accompanying exhibits
attached hereto and incorporated by reference herein, for the installation, operation,maintenance,
repair and replacement of water pipelines for the operation of the City water system(the"Kodak and
Broe Easements").
Section 2. The Mayor is hereby authorized and directed to execute the Termination of
Easement attached hereto as Exhibit 3 and incorporated by reference herein,contingent on the receipt
of the executed Kodak and Broe Easements.
Section 3. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 6th day ofbecemye2D11.
ATTEST:
4,�aIdN+J
City Cle Tom Norton,Mayor
•
• 2
•
Et I to Resolution Concerning Exchange of Permanent Easements for City of Greeley Water Transmission
Pipelines
PERMANENT EXCLUSIVE WATER PIPELINE EASEMENT
This Permanent Exclusive Water Pipeline Easement is made this day of
, 2011, by and between, Eastman Kodak Company, whose address is 343
State Street, Rochester, New York 14650 ("GRANTOR"), and the City of Greeley, a Municipal
corporation,whose address is 1000 10th Street,Greeley, Colorado 80631 ("GRANTEE").
GRANTOR, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,the receipt and sufficiency
of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by this Permanent
Exclusive Water Pipeline Easement does grant,bargain,sell,convey and confirm to the GRANTEE,
its successors and assigns forever, a permanent exclusive water pipeline easement on, under, and
across the property as per the Property Description and Exhibit Map attached hereto as Exhibit A
and incorporated herein by this reference,located in Weld County,Colorado("Easement Area");for
the purposes of:
1. Surveying, locating, installing, constructing, using, operating, maintaining,
inspecting, repairing, altering, removing, and replacing one or more buried water
pipelines,in whole or in part,and all necessary subsurface and surface appurtenances
• for the transportation of water and the operation and control of water facilities;
2. Marking the location of the Easement Area and pipeline or pipelines thereunder by
suitable markers set and maintained in the ground at locations which shall not
interfere with such reasonable use as GRANTOR shall make of the Easement Area
under the terms of this Permanent Exclusive Water Pipeline Easement;
3. Cutting and clearing trees,brush,debris and other obstructions on the Easement Area
that might interfere with the operation and maintenance of GRANTEE'S activities
and facilities on the Easement Area; and
4. Access for purposes of surveying, locating, installing, constructing, maintaining,
inspecting, repairing, altering, removing and replacing one or more buried water
pipelines across property owned by the GRANTOR that is contiguous to the north
edge of the Easement.
The GRANTEE shall:
5. Insofar as practicable, bury all pipe and communication and control cables to a
sufficient depth at the time of construction so as not to interfere unreasonably with
the cultivation of the Easement Area for agricultural purposes or other uses of the
Easement Area by GRANTOR which are permitted hereunder;
•
City of Greeley W&S ROW No. 1
Permanent Easement—3-4.2011
297
•
a 1 to Resolution Concerning Exchange of Permanent Easements for City of Greeley Water Transmission
Pipelines
6. Insofar as practicable, restore the surface of the ground to its condition prior to
installation,construction,maintenance,alteration,or replacement of the pipeline or
pipelines and appurtenances thereto;
7. Insofar as practicable, restore fences, drain tile, irrigation systems, landscaping,
private roads and other improvements, to the conditions existing prior to
GRANTEE'S activities on the Easement Area;
8. Pay the GRANTOR the actual damages actually incurred or reasonably estimated by
GRANTOR to growing crops, livestock and other items caused by GRANTEE'S
activities on the Easement;and
9. Restore or replace improvements made by the GRANTOR on the Easement Area that
were made with the written consent of the GRANTEE,as provided in paragraph 14
below, should those improvements be disturbed by the GRANTEE.
10. To the extent authorized by law,indemnify,defend and hold GRANTOR,its agents,
employees, officers, directors, shareholders and affiliates (the "GRANTOR
Indemnified Parties"),harmless from any and all costs,losses,injuries,damages or
• expenses (including legal fees, court costs and other similar costs incurred by a
GRANTOR Indemnified Party)which result in any way from the action or omission
of GRANTEE, its agents, employees,contractors or subcontractors in,on or about
the property of GRANTOR in connection with the installation and maintenance of
the buried water pipelines and other activities of GRANTEE contemplated in this
Permanent Exclusive Water Pipeline Easement or which result in any way from any
other action or omission of GRANTEE, its agents, employees, contractors or
subcontractors.
The GRANTOR reserves the right to use and occupy the Easement for any purpose
consistent with the rights and privileges granted herein which will not interfere with or endanger any
of the GRANTEE'S facilities on or under the Easement of GRANTEE'S use thereof,provided that
GRANTOR shall not:
11. Construct or allow the construction of any buildings or other structures on or under
the Easement Area;
12. Impound water or other substance on or over the Easement Area;
13. Store or dispose of any dangerous, toxic, or hazardous substance on or under the
Easement Area;
14. Alter or replace any fence on the Easement Area without the prior written consent of
GRANTEE,which consent shall not be unreasonably withheld;
• City of Greeley W&S ROW No. 2
Permanent Easement-3-4-2011 2-`52
V
•
Ex I to Resolution Concerning Exchange of Permanent Easements for City of Greeley Water Transmission
Pipelines
15. Use the Easement Area for any purpose except agriculture without the prior written
consent of GRANTEE; provided, however,the written consent of the GRANTEE
will not be unreasonably withheld,delayed, or conditioned for the following uses:
a. Open space areas with or without landscaping but excluding fences (other
than along property lines), retaining walls, and trees;
b. Paved, gravel-surfaced,or unsurfaced local roadways(not arterials);
c. Paved, gravel-surfaced, or unsurfaced parking areas except use involving
long-term storage;
d. Paved,gravel-surfaced,or unsurfaced recreation areas(excluding buildings)
such as trails,bike paths,basketball courts,tennis courts,volleyball courts;
e. Temporary covers or enclosures not requiring the construction of a
foundation and not to be used for long-term storage;and
• f. Utility service crossings at near right angles of the water pipeline with two
feet of clearance from actual pot-holed elevations of the pipe. Other industry
standards for crossings may apply and would be addressed during the plan
review for this crossing.
16. Plant or allow any trees, shrubs or other landscaping to exceed three (3) feet at
mature growth to grow on the Easement Area,or alter the ground level,without the
prior written consent of GRANTEE.
GRANTOR hereby expressly disclaims any warranty of title with respect to the Easement.
GRANTEE acknowledges that the Easement is being granted to GRANTEE on a QUITCLAIM
basis, and that GRANTEE is relying on its own investigations as to the adequacy of title to the
Easement for its use hereunder.
GRANTOR:
By:
Print Name:
Title:
STATE OF NEW YORK)
ss.
• 3
City of Greeley W&S ROW No.
Permanent Easement—3-4-2011
251
•
a 1 to Resolution Concerning Exchange of Permanent Easements for City of Greeley Water Transmission
Pipelines
COUNTY OF MONROE)
Acknowledged before me on this day of 20 ,
by
WITNESS MY HAND AND MY SEAL.
MY COMMISSION EXPIRES
(Notary Public)
Accepted and Agreed By City of Greeley:
Name:
(Title)
(Date)
•
•
City of Greeley W&S ROW No. 4
Permanent Easement—3-4-2011 ?CP
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