HomeMy WebLinkAbout20060885.tiff RESOLUTION
RE: GRANT OF PERMANENT RIGHTS-OF-WAY AND EASEMENTS AND AUTHORIZE
CHAIR TO SIGN - FARMERS RESERVOIR AND IRRIGATION COMPANY
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 Grant of Permanent Rights-of-Way and
Easements 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 Farmers
Reservoir and Irrigation Company,commencing upon full execution,with terms and conditions being
as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said grant, 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 Grant of Permanent Rights-of-Way and Easements 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 Farmers Reservoir and Irrigation Company 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 27th day of March, A.D., 2006.
! �� BOARD OF C UNTY COMMISSIONERS
- 4 \ WEE,LLDD/COU , COLORADO
ATTEST: , / ,, ; -
//. J. Geile, Chair
Weld County Clerk to th= tCr�® 4EXCUSED
/ g se David E. Long, Pro-Tem
De ty Cle k to the Board "I • I�^^�
William H. Jerke
ROV AST EXCUSED
Robert D. Masd n
oun Attorney A,,,,,
u.,,,
Date of signature:
U Ili its Glenn Vaad c—
2006-0885
EG0054
'C . PO, R T c O.„‘ -‘9_I -0C,
MEMORANDUM
IIiD€ TO: Clerk of the Board DATE: March 16, 2006
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Grant of Permanent Right Of Way and Easements with Farmers Reservoir &
Irrigation Company.
The attached agreement is needed to replace the Bull Canal Bridge (Weld County
Bridge 13/10A) with a concrete box culvert. The work will be a part of the WCR 13 from
WCR 8 to 5th Street in Frederick Project.
Attach are two original easement documents. Please return one original to Public Works
upon execution as soon as possible.
The appropriate documentation is attached.
Enclosures
pc: Bob Patrick, Project Manager
Perry Eisenach, Engineering Division Manager
M:\-Active Projects\Strategic Corridor\WCR 13, from WCR8 to SH 52+\Design\utilities\BULL CANAL\3-16-06 MEMO-bocc
agreement.DOC
2006-0885
GRANT OF PERMANENT RIGHTS OF WAY AND EASEMENTS
THESE RIGHTS-OF-WAY AND EASEMENTS made and entered into
this A/aye/. I°MTA A. D 2006 by and between The Farmers
Reservoir 's& Irrigation Company, Colorado corporation, as First
Party, and Weld County, as Second Party;
WITNESSETH:
THAT WHEREAS, First Party is the owner of those certain
irrigation canals known as the Bull Canal: Sec. 7,T. 1N,R67W.in
WELD County, Colorado; and
WHEREAS, Second Party desires to construct and maintain
Weld County Road Widening and culvert in size over or under and
across the rights of way of said canal at the location and in
the manner as shown on the drawings marked Exhibit A hereto
attached and by this reference made a part hereof. Said Exhibit
A consists of 3 sheets and each sheet represents the specific
crossing; and
WHEREAS, First Party is willing to grant the permanent
rights-of-way and easements desired by Second Party.
THAT WHERESAS, the second party desires to build a new
ditch rider' s road to match the new elevation and location of
the Weld County Road Widening and Culvert; replace the existing
bridge with a concrete box culvert with wing walls and replace
disturbed concrete line ditch in the Bull Canal; a temporary
construction easement will be required within the Right-of-Way
and easements of the First Party. The temporary easement shall
extend 300 feet westerly and 200 feet easterly from the section
line between Section 7, Township 1 North, Range 67 West and
Section 12, Township 1 North, Range 68 West and centered along
the centerline of the Bull Canal and extend the full width over
the Right-of-Way and Easements owned by the First Party. The
First Party will be notify by the Second Party prior to
beginning the construction work and meet with them and other
necessary parties to determine any special needs to be
incorporated into the work. The temporary construction easement
shall expire one year after completion of construction to allow
access for any repair work required by the First Party; after
that date the First Party will be responsible for the
maintenance and repair of the facilities constructed in its
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Right-of-way and Easement .
THAT WHERESAS, First party is willing to grant the
temporary construction easement desired by the Second Party.
NOW, THEREFORE, in consideration of the sum of $1000 . 00
paid to Farmers Reservoir & Irrigation Company the receipt of
which is hereby acknowledged, and the agreements of Second Party
to be performed hereunder and upon the conditions and for the
period herein stated, First Party does grant to Second Party,
its successors and assigns, permanent rights-of-way and
easements to construct, install, lay, maintain, alter, repair,
operate and remove a Weld County Road Widening and culvert over
or under and across the strips of land which constitute a part
of the rights of way of the canals hereinabove named at the
specific locations and in the manner designated and referred to
in the applicable sheet of Exhibit A.
Second Party agrees not to commence construction of said
Weld County Road Widening and culvert at any of the points
described in Exhibit A without first having obtained the consent
and approval thereof of the Superintendent of First Party.
It is understood that, if the First Party only owns an
easement for Canal and Lateral rights of way or any part thereof
at the locations described in Exhibit A, this instrument shall
grant to Second Party only such rights as First Party may under
such circumstances grant .
In laying and constructing said Weld County Road Widening
and culvert and thereafter in repairing, maintaining or removing
same Second Party shall do so in such manner as not to damage
said Canals and Laterals or the embankments thereof and so as
not to interfere with the flow of water in said Canals and
Laterals . Any and all excavations made shall be immediately
leveled off, and any damage to the Canals and Laterals,
embankments, fences, roads or other improvements shall be
promptly repaired by Second Party at its sole cost to the
satisfaction of First Party.
Second Party agrees that it will at all times maintain said
Weld County Road Widening and culvert and repair all breaks,
leaks and damages therein and thereto at its own expense and
further that, if, by reason of any break, leak or damage in and
to the Weld County Road Widenina ant, culvert, injury to the
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r
properties of First Party is sustained, then Second Party will,
with all due diligence, repair and replace such property of
First Party in the same condition as the same was in prior to
such break, leak or damage in and to the said Weld County Road
Widening and culvert and will pay any and all monetary damages
resulting from such break, leak or damage sustained or incurred
by First Party or its stockholders or water users .
Second Party further agrees that, if at any time the Weld
County Road Widening and culvert causes any settling in the
ditch embankments, the roads thereon, or any part of the ditch
rights of way, it will, upon notification from First Party,
immediately make all repairs required by First Party at Second
Party' s expense.
Second Party further agrees to indemnify and save harmless
First Party, its successors, assigns, employees, agents and
stockholders on account of any damage or loss sustained by them
or any of them arising by reason of laying, construction,
maintenance or removal of said Weld County Road Widening and
culvert.
If in the future First Party should desire to enlarge,
deepen or otherwise change or relocate said Canals and Laterals
or to construct any other canal ditch or waterway on said Canal
and Lateral rights of way or to do any other thing incident to
the operation of said Canals and Laterals or any other portion
of the irrigation system of First Party, then Second Party
agrees, at Second Party' s expense, with all due diligence, to
change, relay and reconstruct its Weld County Road Widening and
culvert so as to comply with such plans and specifications as
First Party may prescribe as being necessary to permit the
proper maintenance and operation of First Party' s irrigation
system.
Second Party agrees to protect First Party and save and
hold it harmless from any and all third party claims and damages
that said Weld County Road Widening and culvert and its
operation, construction, maintenance and removal may directly or
indirectly cause; and Second Party hereby releases First Party,
its successors, assigns, employees, agents and stockholders from
any and all claims and damages of whatsoever character to said
Weld County Road Widening and culvert or other property of
Second Party located in, along or across said Canal and Lateral
rights of way arising out of either the operation or maintenance
of said Canals and Laterals or other portions of First Party' s
irrigation system or resulting from any other act either on the
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' part of First Party or on the part of any Third Party.
Second Party, its successors and assigns, agrees to faithfully
and promptly comply with the provisions herein stated. First
Party shall have the right to enforce any of the provisions
herein stated by action in District Court, Weld County,
Colorado.
It is mutually understood and agreed that this agreement and all
the terms and conditions hereof shall extend to and be binding
upon the parties hereto, their successors and assigns .
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EXECUTED in duplicate the day and year first hereinabove
written.
FIRST PARTY
c),ESERVO/R
cr
,525
Attest : �� j Its General Ma ger
GI
ct y
By /ik-it ��RPAL Z
Its / F S cretary !?
c?LORAOO
STATE OF COLORADO, }
}ss .
COUNTY OF ADAMS }
The foregoing instrument was acknowledged before 0�� me this
P day of VV�C(irCh , 20(,1 , by
as General Manager and
tit "��tiL
as Secret of
`T:nnmer� �r ►' ,Qu`✓► 8A C10 -
-�..
a Lv1lg corporation. ,P<c'TM e Hu
960O
Witness my hand and notarial seal . i 5''-07A,?),
My commission expires % � � ' A _ 9p.
7), PUBLIC Q-?:
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•
SECOND PARTY
BOARD OF COUNTY COMMISSIONERS
WELD CO9TY, COLORADO
� � J/� t 't Geile, Chair
ATTEST: 7Lti_/,/Y 03/27/2006
Weld County Clerk of Board
ttbt 1 'g"�"� �
By: i'A; kl C71 tr ii: ap2
i
De uty erk to th Board
STATE OF Colorado }
}ss .
COUNTY OF weld , }
The foregoing instrument was acknowledged before me this
27th day of March , 20 06 ,
by M. J. Geile, Chair, Board of County Commissioners of the
County of Weld.
•
Witness my hand and Officia / ,*'l . •••• b
i SHARON
., z � _• KARL
_ .
• ary Public `• :rO
�Op CCA=1,✓
1k Commission Expires May 15.2006
My commission expires :
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