HomeMy WebLinkAbout20062454 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR OFFSET OF PAYMENTS 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 an Intergovernmental Agreement for the
Offset of Payments between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and City of Greeley, 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 Intergovernmental Agreement for the Offset of Payments between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and 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 agreement upon full execution by the appropriate representatives of the City of Greeley.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of September, A.D., 2006.
I� E�i OARD OF COUNTY COMMISSIONERS
���,� a� LD CO TY, COLORADO
pp
ATTEST: 4m f % F ,/�> , . "_ 52 �. �
ea- .'4. le, Chair
Weld County Clerk to the Bo 'r ' Y
ee/ tAk9 c4
En ✓ David E. Long, Pro-Tem
BY: it i „Atli _
Dept Clerk the Board n-+ -
Williari. erke �
AP V AST R : ��
Robert
D. Mas�
urity AttoP ,Q,t,(, '
Date of signature:
Gl2-7 1D& GA/1111U'
lenn Vaad '
2006-2454
n(7 ; n c7 �aWt `� BC0036
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INTERGOVERNMENTAL AGREEMENT
BETWEEN WELD COUNTY, COLORADO AND
THE CITY OF GREELEY, COLORADO
FOR OFFSET OF PAYMENTS
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as
of the 6, day of .Septenther , 2006, A.D. between the COUNTY OF WELD,
a political subdivision of the STATE OF COLORADO, hereinafter referred to as "Weld
County," and the City of Greeley, a municipal corporation of the STATE OF COLORADO,
hereinafter referred to as "City."
WITNESSETH:
WHEREAS, City is in need of purchasing from Weld County an Exclusive Sanitary
Sewer Easement and a Temporary Construction Easement across property known as Weld
County Assessor Parcel No. 080533000088, 080331100056, 080331000058, and 080331000059,
with said easements being described more particularly in the attached Exhibit "A" and shown in
the attached Exhibit"B," and
WHEREAS, Weld County and City have agreed to the purchase price for all the above
mentioned easements to be Sixty Thousand Two Hundred Fifty Dollars ($60,250.00), and
WHEREAS, Weld County and City desire to enter into an Agreement in the future for
Weld County to purchase a Sewer Tap from the City for an unknown price, and
WHEREAS, Weld County and City desire to credit Weld County for the sale price of the
above mentioned Easements against the purchase price of said Sewer Tap, and
WHEREAS, Weld County and City desire to enter into this Intergovernmental
Agreement to memorialize their understandings with respect to their respective responsibilities
for the payments to be performed as detailed above.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. SALE AND PURCHASE OF EASEMENTS: Weld County agrees to sell to City
the easements set forth in Exhibits "A" and "B". City shall prepare the grants of
easements. Upon the signing of said grants of easements by the Chairman of the
Board of County Commissioners of Weld County, Weld County shall receive a
credit of Sixty Thousand Two Hundred Fifty dollars ($60,250) from the City that
shall be used to offset the cost of the Sewer Tap to be purchased in the future by
Weld County.
2. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental
Agreement between the parties hereto with respect to the subject matter herein,
and shall be binding upon said parties, their officers, employees, agents and
Page 1 of 3 Pages
2006-2454
assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
3. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement
shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this
Intergovernmental Agreement be deemed to have created a duty of care which did
not previously exist with respect to any person not a party to this
Intergovernmental Agreement.
4. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Intergovernmental Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Intergovernmental
Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this
Intergovernmental Agreement shall be an incidental beneficiary only.
Signed by the parties this 6thday of September , 2006.
���o ATTEST: `` � r �'THE COUNTY OF WELD, a political Weld
County Clerk to the Board �. , x _`)ubdivision of the STATE OF
&'•• / `s "COLORADO:
1161 3. �--�
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Art . to the Board hair
�' eile, Chairman 5FN 0 t! 2006
i< '-, �� Board of County Commissioners of the
A* is eL County of Weld
*
ai �}
�G yA1t T: �r
�� The City of Greeley, a municipal
y �� corporation of the STATE OF COLORADO
By: By:�'YKeLtiC-ei
Clerk Tom Selders, Mayor
Page 2 of 3 Pages
acre-- 495y1
APPROVED AS TO SUBSTANCE APPROVED AS TO LEGAL FORM
By: By: 1\jc U
rt ager City Attorney
AS TO AVAILABILITY OF FUNDS RECOMMENDED
By: �i� ��i/^^L-- By:
Director Finance <. i ctor of Water and Sewer
Page 3 of 3 Pages
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WELD COUNTY EASEMENT EXHIBIT-A (2) SOUTHEAST QUARTER R.UA6 SECTH TION 33
l •
EAST QUARTER CORNER
SEC, 33, T.6N., R.66W.
- - FOUND #6 REBAR WITH25' TEMPORARY 3 1/4" ALUM CAP
CONSTRUCTION EXISTING LS 22098, 1996
30' EASEMENT GAS LINE
15'
POINT OF TERMINATION
9'21'38"E-/-
%.. 244.92'
7517'41"E on U
764.66'
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30' ROAD ROW--I -
SOUTHEAST CORNER
•
SEC. 33, T.6N., R.66W.
FOUND #6 REBAR WITH
2.1/2" ALUM CAP
LS 23501
POINT OF BEGINNING (BASIS OF BEARING)
SOUTH QUARTER CORNER N89'00'37"E
SEC.33, LeN., R.66W. 2642.13'
FOUND #6 REBAR WITH
2 1/2" ALUM CAP
LS 28259, 1995 •LEGEND
X X FENCE LINE
———— SECTION,LINE
RIGHT—OF—WAY LINE
PERMANENT EASEMENT -
PROPERTY LINE
———— CENTERLINE
FOUND AIJQUOT CORNER 200' 100' 0 200'
AS DESCRIBED
• - • 1n= 200'
•
NOTE: This exhibit drawing'is not intended to be a
monumented land survey. It's sole purpose is as a
graphic representation to aid in the visualization of
the written property description which It accompanies.
The written property description supersedes the
exhibit drawing. -
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Charles B. Joni ho -:• ng '� rveyors,-Inc.
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Colorado Regi ,Profess'
•
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Land Surveyor #hi.v A1 LAO
KING ,SURVEYORS, INC. PROJECT NO:2003153'
_kra 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:3/25/05
I PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:WELD COUNTY
WWW.KINGSURVEYORS.COM DWG:SEWER EASEMENT
`EXHIBIT
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GENERAL NOIFS S Note requirement to strip f *apses end stockpile to replace 6" 1— C.-
deep on all permanent easements where other surface '� t 'c
d h
1. Orientation of Plan &Profile sheets Tor proposed North treatments are not called out. 01
Greeley and Spanish Colony sanitary sewers shown above. 4. Do not dew and grub or strip topsoil from temporary = /_
Gr lachiSheets we laid out from right to left, tom, and Dohb/Ode u faseandtr
upgrade re 25th at low point ofof sewer at 11th Ave, 5. Do construction
onrface and reseed surfaces of temporary
thence west to 15th Ave. construction easements. Bid quantity for "Reseed"includes
2. For all new maholes the area of the temporary construction easements Reseed
a. Owe-excavate Ir deep below bottom of manhole base to with approved seed mix per specifications.
two feet (22 outside base. 6. Native soils excavated from within three feet (J) vertically
b.Prepare saberede and place 'Trench staba/xation'material of groundwater level we/require moisture control. Segregate Drown By
per Section 02221, Trenching, BackMling, Compacting. from drier soils excavated from trench; disc, blade, or mN
c. Construct pipe with,hint not mare than 24"and not less otherwise spread materiel to dry: since some material will be Checked By
than It ham outside manhole wdl excess and need to be disposed, dispose of wetter materialTEB
before any other. Deb
d. Construct "ground water bather"10"upstream of each - 5/22/06
manhole. 7 Support existing stem drainswheresanitary sewer passes Scale
e. Provide MN/5 thru WWI with spec/al gasketed ring and ender drain: oe noted
cover. a..Epose existing storm drains, strap wide flange steel beam .tan No.
f. Apply bituminous waterproof to exterior of all manholes. to the drain pipe (or other approved method of support), 05 O4
g. On all straight thru manholes, form invert by laying pipe excavate under the drain ppe for installation of sanitary SHEET f
section thru manhole and cutting out top half of pipe sewer, backfdl sanitary sewer horn haunch of sanitary •
after concrete has set per Specifications Sec 02605 sewer to haunch of storm drain with Flow/al'for length
of crossing to two feet (22 each side of storm drain, and
remove support.
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