HomeMy WebLinkAbout20091026RESOLUTION
RE: APPROVE DRAINAGE UTILITY EASEMENT AND AUTHORIZE CHAIR TO SIGN - CITY
OF GREELEY
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 Drainage Utility Easement, from 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, to the City of Greeley, 1000 10th
Street, Greeley, Colorado 80631, commencing upon full execution, with further terms and
conditions being as stated in said easement, and
WHEREAS, after review, the Board deems it advisable to approve said easement, 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 Drainage Utility Easement, from 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, to the City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of April, A.D., 2009.
ATTEST:
Weld County Clerk to t
BY
Deputy Cle ' to the Board
APPRO
AST
ounty Attorney
Date of signature. 5 / 9/229
BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
illiam F. Garcia, Chair
( m di
Douglas Rademach , Pro-Tem
Sean P. Conway
Kirkmeyer
Long
David E.
a
J.
2009-1026
BG0012
518
11111
3642637 08/14/2009 11:13A Weld County, CO
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DRAINAGE UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Weld County, Community Corrections Bldg
whose address is 1101 H Street ,., , in consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration, receipt and sufficiency of which is
hereby acknowledged by and between the parties, does hereby grant to the City of Greeley, a
Colorado municipal corporation, whose address is 1000 10th Street, Greeley, CO 80631, and to
its successors and assigns, a non-exclusive drainage utility easement, kgally-fleSeribedinrettrit
as re<erer.rld `n `icr—f°•IWAL
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Prepred 0re'tct,RMre11't Ce. a dwf•e1 Fcbt—t 10, 1009.
The drainage utility easement shall be used for the purposes of providing storm water
detention and conveyance in a capacity of,O.51 acre-feet (22,136cubic feet).
This easement grants the City of Greeley, its successors and assigns the right and
privilege to construct, reconstruct, inspect, alter, improve, remove, repair and maintain the
drainage utility easement, including all rights and privileges necessary or convenient for the full
enjoyment and use thereof for the above -mentioned purposes, including but not limited to the
right of ingress and egress over adjoining lands of Grantor's property for the purpose of
exercising the easement and rights herein granted.
Grantor agrees that Grantor shall maintain the drainage utility facilities contained within
the easement in good working order. "Good working order" is defined as the drainage system
operating as designed and constructed in accordance with the as -built construction drawings on
file with the City of Greeley; including but not limited to, maintaining the structures and side
slopes of the easement free of debris, impoundments or alterations to the flow of drainage.
Upon failure of Grantor to properly maintain a drainage facility in good working order as
state above, Grantee is hereby given the right to maintain the easement in good working order,
effective after five (5) days written notice to Grantor. After notice, should Grantor fail to
properly maintain the easement in good working order, the City of Greeley is hereby granted the
immediate right of entry to perform all necessary repairs, maintenance, reconstruction to restore
the drainage utility improvements, slopes and easement within the property to its proper working
order.
Any and all costs for repair, reconstruction, and/or maintenance made by the City of
Greeley, shall be paid by the Grantor, including an additional administrative cost assessed by the
City of Greeley to the Grantor. Failure by the Grantor to pay City of Greeley's costs incurred,
including its administrative costs within a reasonable period of time, not to exceed thirty (30)
days, shall cause the costs to be assessed against Grantor's remaining property as a lien pursuant
to City of Greeley's Code of Ordinances.
Grantor shall have the right to make landscaping improvements within the easement, so long as
such improvements do not interfere with the function of capacity of the drainage facility and its
good working order. No permanent structures are to be located within the easement which
would interfere with the function or capacity of the drainage utility and its improvements or
fixtures hereinafter installed by the Grantor within the area of the easement.
11111111111111111111111111111111111111111111111 III1 III1
3651518 09/30/2009 11:03A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
X3- L`- 1
2009-1026
III
3642637 08/14/2009 11:13A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
This grant of easement is binding upon the heirs, executors, administrators, successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this
29th day of April , 20 09
GRANTOR:
STATE OF COLORADO
) ss.
COUNTY OF WELD
Acknowledged before me this 29th day of
William F. Garcia
SUBSCRIBED TO AND SWORN before me.
P J ®,�,y`
pu�\G • G
�, ..• i . o
SOF CO.n
MY C0MMISSEON tXIh1$ES 041li n1a
111111111111111111111111111111111111111 III 11111 IIII IIII
3651518 09/30/2009 11:03A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
By:
Its:Chair, Board of County Commissioner:
GRANIEE
By:
Its:
April 2009, by
tary Public %/ •`7
Commission Expires: 7///0(11/0(
a&lf'%-/4
DRAINAGE UTILITY EASEMENT FOR
WELD COUNTY, COMMUNITY CORRECTIONS BUILDING
CITY OF GREELEY SIGNATURE PAGE
Dated this 28`` day of -it ..rat ta,v , 2009.
CITY OF GREELEY, COLORADO
By
Mayor
ATTEST:
By:
City
APPROVED AS T
B
C"y ' torney
FORM:
APPROVAD AS TO( SUBSTANCE:
e
AVAILABILITY OF FUNDS:
By:
Directorbf Finance
REIN! VII VIII 11111111DTI III 11111 IIII lOP
3651518 09/30/2009 11:03A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
File contains
oversized map
Please see original file
Elizabeth Strong
From:
Sent:
To:
Cc:
Subject:
Attachments:
Esther Gesick
Monday, April 27, 2009 4:38 PM
Elizabeth Strong
Monica Mika; Mark Ward; Toby Taylor
FW: items for weds. Sorry late
image001.gif; drainage easement agreement.pdf
image001.gif (1 KB)drainage easement
agreement.pd...
Elizabeth,
Two items to be added to Wednesday Agenda:
1) Drainage Easement Agreement - attached from Public Works.
2) Consider Edward Byrne Memorial Justice Assistance Grant and authorize Chair to sign.
(Monica will forward an electronic finalize version from the Coroner.)
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
Original Message
From: Monica Mika
Sent: Monday, April 27, 2009 3:59 PM
To: Esther Gesick
Subject: Fw: items for weds. Sorry late
I have a grant for weds and also an easement agreement. The easement is attached
Original Message
From: Toby Taylor
To: Monica Mika
Sent: Mon Apr 27 15:38:22 2009
Subject: RE:
Elmo: Parts had to be ordered and it is scheduled for installation evening of May 4th
(with 5th if needed)
Traffic Study: This is complete and will be forwarded with the drainage easement.
Drainage Easement (attached): I'm told Pat sent this to you for the board sign. I
believe this is the piece everyone is waiting on?
Cheers!
Toby Taylor
Building Maintenance Coordinator
Voice: (970) 304-6531
Fax: (970) 304-6532
1105 H Street
P.O. Box 758
Greeley, CO 80632
Original Message
From: Monica Mika
Sent: Monday, April 27, 2009 2:16 PM
To: Toby Taylor
Subject:
When is the Elmo going to be fixed? Cords r hanging all over. Also I spoke to Doris and
she is waiting on the final traffic and easement. Do u know the status of this?
Toby Taylor
Building Maintenance Coordinator
Voice: (970) 304-6531
Fax: (970) 304-6532
1105 H Street
P.O. Box 758
Greeley, CO 80632
2
Hello