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Home My WebLink About20073368 RESOLUTION RE: APPROVE PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF JOHNSTOWN 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 Permanent Utility Easement and Temporary Construction 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 the Town of Johnstown, commencing upon full execution, with further 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 Permanent Utility Easement and Temporary Construction 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 the Town of Johnstown 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 29th day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS j� W COUNTY, COL RA O ATTEST: ii _,{,! i� `ii, Col- ar iJJ �jfj � vid E. Long, Chair Weld County Clerk to the B' d ti liarp H er e, Pro-Tem BY: .�� i1 Deputy rk to the Board R.,' \, -.: .. WilliarrLF. Garcia n APP ORM: 10--- Robert D. Mas en aorney tilL,..1 g4u,�(Ngr Douglas ademach r Date of signature: ////9/6 7 2007-3368 EG0056 t kJ, .r'L. Tcrr vsn,,<_,Az Oy-//v`oY • KitMEMORANDUM DWI ' TO: Clerk to the Board DATE: 10/22/2007 • FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Agenda Item Permanent Utility Easement and Temporary Construction Easement Agreement with the Town of Johnstown. Please return the one original to Public Work to acquire the authorized signature from the Town of Johnstown. M:\Francie\Agend-Leon.doc ICJ 0 n� n,. o C) r— fl`, LU n c Lc) 2007-3368 MEMORANDUM ' TO: Clerk to the Board DATE: March 28, 2008 C. COLORADO FROM: Leon Sievers, Public Works SUBJECT: Item for Recording Attached is the signed Permanent Utility Easement and Temporary Construction Easement Agreement with the Town of Johnstown, Doc #2007-3368 Please submit this item for recording M:\Franci e\Agend-Leon.doc TOWN OF JOHNSTOWN PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this 9 day of tOCJIDlJpir 2007, by and between County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners whose legal address is 915 10`h Street, Greeley, Colorado 80631 ("Grantor"), and the TOWN OF JOHNSTOWN, COLORADO ("Town"), whose legal address is 101 Charlotte, P. O. Box 609, Johnstown, CO 80534. I. CONVEYANCES OF REAL PROPERTY For and in consideration of the sum of One Thousand Seven Hundred and Twenty Dollars ($1,720.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Grantor, subject to the Terms and Conditions set forth below, hereby grants and conveys to the Town, its successors and assigns, the following real property interests: A. Permanent Exclusive Utility Easement. A permanent exclusive utility easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, the following utilities including, and hereby limited to, a sanitary sewer line, including all underground appurtenances thereto and to improve and maintain a suitable slope or grade, together with a right-of-way or access on, along, and in all of the hereinafter described easement across those certain lands which are situated in the County of Weld, State of Colorado, being more fully described on Exhibit A and depicted on Exhibit B, attached hereto and by this reference made a part hereof (the "Permanent Easement"). The Grantor further grants to the Town: 1. The right of ingress and egress from said Permanent Easement over and across adjacent lands of the Grantor by means of roads and lanes thereon provided that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways or other comparable access; 2. The right from time to time to enlarge, improve, reconstruct, relocate and replace the original improvements, slopes and grades, or structures constructed hereunder with similar utility facilities, slopes and grades, or other structures either in the original location or at any alternate location within said Permanent Easement. I1111111111111111 11111111111111 III IIIII IIII 1111 3545670 04104120(18 12:52P Weld County, CO 1 of 7 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder '00 2- 3.9bef 3. The right to install, maintain, and use gates and all fences which now cross or may hereafter cross said Permanent Easement. 4. The right to mark the location of said easements by suitable markers set in the ground provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Grantor may make of said Permanent Easement. 5. The right to cut and clear trees,brush, debris, and other obstructions on the easements that might interfere with the construction, operation, and maintenance of the Town's facilities on or in the easements. 6. The right to assign the easements at will of the Town to other governmental entities without the consent of the Grantor. B. Temporary Construction Easement. 1. Term and Rental. A temporary construction easement as described in Exhibit A and depicted on Exhibit B, incorporated herein by this reference (the "Temporary Construction Easement"). The Temporary Construction Easement shall be for a term of six (6) consecutive months and shall begin ten (10) days after the Town gives written notice to the Grantor that the Temporary Construction Easement is needed for construction. The Grantor also grants to the Town the option to extend the Temporary Construction Easement for a period not to exceed one (1) year after the initial six-month term. As a condition of the granting of this temporary easement, the Town agrees to restore said lands within said temporary easement, including landscaping, fences, or other improvements to a level comparable with the original condition. 2. Scope. The Temporary Construction Easement may be used to reconstruct or relocate existing private improvements, to remove improvements acquired by the Town, to reshape or regrade adjacent ground surfaces and for other uses incidental to the construction of public improvements within the permanent easements and fee parcels owned or possessed by the Town. II. TERMS AND CONDITIONS Grantor and Town agree that the easements granted to the Town above shall remain subject to the following Terms and Conditions for so long as such interests may exist: A. Improvements Within Easements. 1. Grantor shall not construct or place any structure or building, street light, power pole, yard light, mail box or sign, temporary or permanent, or shrub, tree, woody plant, or nursery stock of any kind on any part of the Permanent Easement, or on the 111111111111111111IIII11111111111111111III 11111 IIII IIII 2 3545620 04/04/2008 12:52P Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • • Temporary Construction Easement during its term without the Town's express written approval if the same in any way impairs the Town's right to access. 2. Any structure or building, street light, power pole, yard light, mail box or sign, temporary or permanent, or shrub, woody plant, or nursery stock of any kind situated on any of the Easements without Town approval shall be removed by the Grantor or Grantor's successors upon written demand by the Town or may be removed by the Town without liability for damages arising therefrom. 3. Grantor shall not impound water or other substances on or above the property nor store or dispose of any dangerous, toxic, or hazardous substance on or under the property. B. Subjacent and Lateral Support: Earth Cover. Grantor shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Permanent Easement without obtaining the specific written permission of the Town. C. Rights Reserved by Grantor: Exclusivity of Permanent Easement. 1. Subject to paragraph II.A. and II.B. above, Grantor hereby retains the right to undisturbed use and occupancy of as much of the property that has been made subject to the Permanent and Temporary Construction Easements, insofar as such use and occupancy is consistent with and does not impair any rights granted to the Town respecting the use of said Easements; provided, however, the Town's right to use and occupy the sub-surface of the property subject to the Permanent Easement is hereby declared and agreed to be exclusive and Grantor shall not grant a right to or otherwise permit anyone to place any facilities of whatsoever nature below the surface of the Permanent Easement without express written approval of the Town. D. Title Verification by Town: Grantor's Warranty. 1. Grantor warrants that Grantor has full right and lawful authority to convey the real property interests contained in the Permanent and Temporary Easement granted above, and promises and agrees to indemnify and defend the Town in the exercise of any rights granted to Town under this Agreement against any defect in Grantor's title to the property involved or Grantor's right to make any of the grants herein contained. E. Agreements Binding: Run with Grantor's Property. 1. 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. 111111111111111111 IIII 11111111111111111 III 11111 IIII IIII 3 3545620 04/04/2006 12:52P Weld County, CO 3 of 7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2. The Easements herein granted touch and concern the real property of the Grantor and shall be deemed covenants running with said property. F. Restoration. 1. Town shall restore the surface of any ground it may disturb in the course of exercising any of its rights under the Permanent Easement and Temporary Construction Easement to substantially the same condition that existed prior to such use by the Town, subject to the limits set forth in this Agreement. 2. The Town shall have a reasonable amount of time to make any restorations required under this paragraph F. G. Miscellaneous. 1. The Town shall have the right to assess the Grantor the cost of correcting any conditions created by the Grantor in violation of this Agreement. 2. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party or its agents or employees. 3. Whenever used herein, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. GRANTOR: ATTEST: Mid) EL UNTY OF WELD, A BODY CLERK TO THE BOARD OF p ORATE AND POLITIC OF THE COUNTY COMMISSIONERS O ig6i .Q,;''. E OF COLORDO THE COUNTY OF WELD ''U'i� By: r ;. C erk t he Board David E. Long, Chair, BO OF COUNTY COMMISSIO RS OF THE COUNTY OF WEL OCT 2 9 2007 1 11111 11111 111111 1111 111111 111111 11111 I I 111111 I I I 11111 354E620 04/04/2008 12:52P Weld County, CO 4 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF WELD ) nfl a T e foregoing instrument was acknowledged before me this gel day of 2007, by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. WITNESS my hand and official se,....!.......... jo ...4t.:1; 4tJ B.cy.�' 1 1O:r1OTARY.2;i .Ziad.L a . 'e= /. /I —a-- :ary Public •\: .9'• PUBLIC 4/ My commission expires: �oFc7oi- ' MyCommissim WAyl:as April 10.i^^^ /',-pFJ0NNSr A .p TOWN OF JOHNSTOWN, COLORADO ATT ST: By `� iana Seele, Town Clerk T . Mellon Mayor 1 Mill 11111111111 /III 11111111111111111 III 11111 III 1111 3545620 04/04/2008 12:52P Weld County, CO 5 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 5 L � et- Cr A 2310 East Prospect Fort Collins, CO 80525 rj'EC ph:970.484.7477 fa:970.484.7488 LEGAL DESCRIPTION www.tec-engrs.com PERMANENT UTILITY EASEMENT A PERMANENT UTILITY EASEMENT OVER AND ACROSS THE SOUTH 316.6 FEET OF LOT 2, BLOCK 3 OF THE MAP OF PURVIS ADDITION TO THE TOWN OF JOHNSTOWN, COLORADO RECORDED IN BOOK 7 AT PAGE 2, RECEPTION NUMBER 650762,WELD COUNTY RECORDS,LOCATED IN THE NORTHWEST ONE- QUARTER OF SECTION 9,TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF JOHNSTOWN,COUNTY OF WELD, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, BEING MONUMENTED AT THE NORTH END BY A 2 1/2" ALUMINUM CAP STAMPED "PLS 14166, 1996, TST, INC"AND AT THE SOUTH END BY A 2 1/2"ALUMINUM CAP STAMPED"LS 23513, 2001" IS ASSUMED TO BEAR S00°51'06"E. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9; THENCE $65°34'48"E A DISTANCE OF 1011.51 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH LINE OF SAID SOUTH 316.6 FEET, FROM WHENCE THE NORTHWEST CORNER THEREOF BEARS N89°10'14"W A DISTANCE OF 18.50 FEET; THENCE N89°10'14"W ON SAID NORTH LINE A DISTANCE OF 10.03 FEET; THENCE S03°27'29"E A DISTANCE OF 77.20 FEET; THENCE N90°00'00"E A DISTANCE OF 372.70 FEET; THENCE S22°16'36"E A DISTANCE OF 266.39 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE S89°10'14"E ON SAID SOUTH LINE A DISTANCE OF 18.81 FEET TO A POINT ON CURVE ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ON SAID SOUTHWESTERLY RIGHT OF WAY LINE AND ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 8°48'23", A RADIUS OF 1870.10 FEET, A DISTANCE OF 287.43 FEET,THE CHORD OF WHICH BEARS N21°42'45"W A DISTANCE OF 287.15 FEET TO A POINT WHICH LIES 20.00 FEET, MEASURED AT RIGHT ANGLES, NORTH OF THAT COURSE HEREIN DESCRIBED AS N90°00'00"E A mmi Min a DISTANCE OF 372.70 FEET; THENCE N90°00'00"W A DISTANCE OF 367.44 FEET TO A POINT WHICH LIES 20.00 FEET,MEASURED AT - y RIGHT ANGLES, EASTERLY OF THAT COURSE HEREIN DESCRIBED AS S03°27'29"E A DISTANCE OF mem p cc 77.20 FEET; ■�c2 THENCE NO3°27'29"W A DISTANCE OF 56.87 FEET TO SAID NORTH LINE; Z THENCE N89°10'14"W A DISTANCE OF 10.03 FEET TO THE POINT OF BEGINNING. c a? CONTAINING A CALCULATED AREA OF 0.344 ACRES(14,974 SQUARE FEET, MORE OR LESS). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. Elm= 2 a LEGAL DESCRIPTION STATEMENT: 4' ti I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY IIMMEN STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR co o UNDER MY DIRECT RESPONSIBLE "';•':;,D ON THE BASIS OF MY KNOWLEDGE, INFORMATION somilo o AND BELIEF, IS CORRECT. _--'"`QpDO REG/ST ''''4 MEM 04O o r .PPowA�rc-Aa% d 'U ammo=ma cm cc. • � � Ls.> FE 31938 �: cc" %/2.,S /200 cv O mon RICHA D W. PALS,REGISTE- . 19g.%AkID SURVE ' o COLORADO NO.31938 iS c''`D tLl FOR AND ON BEHALF OF THE E EA :;�'ANY I:\2006 Survey10605005\Legal\Description\06050UE1.doc THE ENGINEERING COMPANY cxl-: I e It ;3 06050Uel.dWg - FIRST STREET (STATE HIGHWAY 60 LOT 1 BLOCKS BLOCK2 W W w Q O POINT OF COMMENCEMENT w' m.7 W .), NW CORNER SECTION 9 Z !G TOWNSHIP 4 NORTH, ,g�, BELL VALORIE , RANGE 67 WEST RECEPTION NO. FOUND 2 1/2" 2651934 Si. ALUMINUM CAP STAMPED 'PLS 14166, 1996, TST, INC" ON A #6 REBAR `3r•O N89'10.14'W 18.50 y� i,, SECOND 10.03' CJ STREET POINT 4' BEGINNING N89'10'14'W 10.03' j NO3'27'29"W 56.87' 565'34'48'E J 1 3 1011.51' r o o+ N z SO3'27'29"E a 20' N90'00 00'w 367.44' O 77.20' : 1.33 ' .. a .'; 'w K a _:« E . Lu Lu O N90'00'00'E 372.70' U. 1 ' 0: I PERMANENT If, UTILITY a8'48'23' .a or▪ - EASEMENT R=1870.10' D1nm 0 a L=287.43' I ZenLu Chartl=N21'42'45"W zQN 287.15' ,_m BLOCK 4 WELD COUNTY 'LA-1''I PURVIS ADDITION A PART OF LOT T 2 BLOCK 3 ~. o BOOK 7 PAGE 2 PUR' S ADDITION 522'16'36"E 4---I RECEPTION NO. 650762 266.39' o_o w z 0 589'10'14"E 78.81' II' I Ti W 3\ L., N 9 M O -O MI o °C I --MU°E3 M�i —- = N =a — O U = — =_-3m mum I Nim= NI = CD 0 50 100 150 200 CScale: 1'1=100' —cmy THE ENGINEERING COMPANY AND cz SURVEYOR OF RECORD DO NOT s 0 EXPRESS NOR IMPLY ANY WARRANTY coo WITH THIS DRAWING. THIS DRAWING _ O 4 DOES NOT REPRESENT A N WEST 1/4 CORNER SECTION 9 MONUMENTED SURVEY AND IS ONLY —G c FOUND 2 1/2" ALUMINUM CAP 1y INTENDED TO DEPICT THE ATTACHED SI C p STAMPED "LS 23513. 2001' V LEGAL DESCRIPTION. at `c +The Engineering Company LEGAL DESCRIPTION o EXHIBIT co23I0EartPU:Y...tRoa& SuittB PortCUllim,C080525 Ira 1910>4,84-74n winner-tom co. TOWN OF JOHNSTOWN o aI.7 M t-, Hello