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Home My WebLink About20023077.tiff RESOLUTION RE: APPROVE EASEMENT AGREEMENT FOR INSTALLATION OF UTILITIES AT DACONO GRADER STATION AND AUTHORIZE CHAIR TO SIGN - UNITED POWER 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 Easement Agreement for installation of utilities at the Dacono Grader Station 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 United Power, P.O. Box 929, 18551 East 160th Avenue, Brighton, Colorado 80601, with terms and conditions being as stated in said easement agreement, and WHEREAS, after review, the Board deems it advisable to approve said easement 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 Easement Agreement for installation of utilities at the Dacono Grader Station 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 United Power be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELORADO La ATTEST: Glenn Vaad, ( flair Weld County Clerk to t lb.a -1c• EXCUSED �"� 4 � David E. Long, Pro-Tem • BY: Deputy Clerk to the Boar EXCUSED M. J. Geile APPROVED AS TO FORM: t i• �G y Iliam H. Jerke Co my Forney Robert D. Mas en Date of signature: '4La- 2002-3077 c'C." ; AGO) am*01 AeOe ' EG0046 326 EASEMENT AGREEMENT This Easement Agreement, is made and entered into this 27th day of November 2002, by and between the County of Weld, State of Colorado (WELD COUNTY), whose address is 915 10th Street, P .0. Box 758 Greeley, CO 80632, and United Power (UNITED), whose address is P.O. Box 929,18551 E 160th Ave, Brighton, Co 80601. The parties covenant and agree as follows: 1. Easement Pronertv .The "Easement Property" shall mean the real property located in the County of Weld, State of Colorado, more particularly described on Exhibit A attached hereto, which real property is owned by WELD COUNTY. 2. Consideration. WELD COUNTY makes this Grant in and for the good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 3. Grant of Rights to Use Easement. WELD COUNTY hereby grants to UNITED an easement over the Easement Property for the installation, maintenance, replacement, removal, and repair of one or more electric lines ("the Electric Line") together with all necessary or desirable underground facilities and appurtenances for UNITED's operation of the electric line. Except to the extent necessary, the Electric Line and all related facilities, shall be constructed, kept and maintained underground. In addition, UNITED may use an additional ten(10) feet on the south side of, and adjacent to, the Easement Property , if necessary, on a temporary basis, during active construction of repairs and maintenance of the Electric Line. (The Temporary Construction Property). 4. Access to the Easement Pronertv .UNITED shall have access to the Easement Property at all times, either by means of the available public roads and lanes, or by other routes to be designated by WELD COUNTY . 5. Maintenance of the Electric Line. UNITED agrees that after UNITED's construction, or any subsequent construction, if applicable, and after any maintenance, repair, replacement or removal of the Electric Line, UNITED shall restore the surface of the Easement Property, as well as the surface of the Temporary Construction Property, (referred to separately or together as "the surface property"), if applicable, as neatly as reasonably possible, to the grade and condition it was in immediately prior to said construction, maintenance, repair replacement or removal, except as may be necessary to accommodate the Electric Line. The sprinkler system located on or near the Easement Property shall be replaced in at least the same or better condition in was in immediately prior to said construction, maintenance, repair, replacement or removal, of the • Electric Line. Replacement of the surface property shall include seeding, where applicable, and shall include the replacement of gravel on the driveway to at least the level that existed prior to any disturbance to the driveway by UNITED due to construction, maintenance, repair and the like. All trenches either trenched or open cut shall be compacted to 95% standard proctor density in and under the driveway and 85% standard proctor density in all other areas. UNITED agrees to maintain at least one open lane of traffic at all times, so that WELD COUNTY may always have access to its facilities. UNITED further agrees not to deposit, nor permit anything to be deposited in the Electric line in violation of any laws, regulation or ordinances, nor which would damage or negatively affect the Electric Line. 111111111111111131111111111111311111111111131 VIII CO 10 of 6 R 0.00I2002 D 0.00Z:42P Wekl J.A. "Sukr Tsuka olo .2ca.2- x;77 Routine maintenance, if any, shall be coordinated with WELD COUNTY and shall be scheduled as much as possible outside of the time when significant use of the Easement Property is at its peak. Should UNITED experience an emergency situation which requires immediate repair, and which affects the significant use of the Easement Property , UNITED agrees to notify WELD COUNTY of the emergency that occurred no later than the following business day after UNITED has begun any such emergency repairs. UNITED shall maintain the Electric Line at UNITED's cost and expense. UNITED shall not erect any fence, marker, or other structure on the Easement Property; however, UNITED may use makers or fence of enclose the applicable portion of the Easement Property during periods of active construction of repair. To the extent that the Electric Line is the primary cause of damage to any of WELD County's property necessitating repair, UNITED shall be solely responsible for the costs to repair such damage. 6. Retained Rights of WELD COUNTY .WELD COUNTY reserves the right of ownership, use and occupancy of the Easement Property insofar as said ownership, use and occupancy does not impair the rights grated to UNITED in this Grant. The parties specifically acknowledge that WELD COUNTY may construct any other public use project in the vicinity of the Easement Property, including, but not limited to a driveway into the property, to which United does not object, so long as the public use does not impair the rights grated to UNITED in this Grant. 7 .Indemnity .To the extent permitted by law, UNITED shall indemnify, defend and hold WELD COUNTY harmless from and against any liability, claims, damage, cost or expense which may result from UNITED's use and enjoyment of the Easement Property, or the failure of UNITED to comply with the terms of this Grant, except to the extent such claims arise form the negligent acts or omissions of WELD COUNTY, its officers, agents, employees, licenses or invitees. 8. Insurance: Permits. United shall maintain Comprehensive General Liability Insurance covering its obligations to WELD COUNTY under this Grant with liability limits and coverage satisfactory to WELD COUNTY. Such insurance shall name WELD COUNTY as additional insured, and a Certificate of Insurance evidencing such coverage shall be provided to WELD COUNTY upon request. 9. Abandonment. UNITED may abandon the rights granted to it under this Grant at any time by giving written notice to WELD COUNTY of its intent to abandon. In the event that UNITED shall abandon the rights granted to it under this Grant, UNITED shall be responsible to de-energize and render the cables and wires harmless, and each and every Electric Lines belonging to and owned by it, then currently located in the Easement Property, and shall restore the surface property to the same condition in which it existed prior to removing said Electric Line or electric lines. Said Electric Line de-energizing and surface property restoration shall be completed on or before six (6) months after abandonment. Upon United's abandonment, and after allowing the time period for said Electric Line de-energizing and surface property restoration, WELD COUNTY shall hold the Easement Property free from the rights of UNITED so abandoned. Failure to use the Electric Line for a period of two years of more shall constitute abandonment. 11111 VIII 3111 11111 VIII II 131111111 VIII IIII I'll 20of36 R 0.00/Z002 Z :42P Well D 0.00J.A. "Sulu Tsuka oto After said abandonment, if UNITED fails or refused to de-energize the said Electric Line from the Easement Property, WELD COUNTY may peruse any remedies available to it, which may include, but not limited to, removing the Electric Line and restoring the surface property , and presenting UNITED with a bill for reimbursement for the cost of such removal and surface property restoration, which UNITED agrees to pay within 30 days of receiving said bill. 10. Binding Effect. This Grant shall extend to and be binding upon the successors and assigns of the repressive parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. 11. Applicable Law. This Grant of Easement and Right of Way shall be interpreted and enforced according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Right of Way the day and year first above written. WELD COUNTY: Board of County Commissioners for the j /b 1/,, 'N f . , County of Weld Attest: �irtcGt//D�/ ��c'> ��00 �p kWsBy: By: Chair , Glenn Va DeputyClerk to the Board . _ (11/27/2002) `.' �nJ 't UNITED POWER, INC. By: Title : Sit 12H C4- L tra- cn e<: Ls State of Colorado ) County of Weld ) ss The foregoing instrument was ackne ..,'''' _-'iii' a me this 27th day of November 2002 by Glenn Vaad , • p•• - .t '••., of the Board of County Commissioners for the County s ' ! d, State or 4 i` do. (i SHARON WITNESS my hand and o , y •~ e0".,7 My commission expires MyCommiission Expires May 15,2006 Notary Public„. ketiL/' 1 111111 11111 111111111111 11111 II IIIIIIII III 11101 IIII3011326 12/04/2002 12:42P „wetd C VIII 3 of 6 R 0.00 D 0.00 J.A. Suki' Tsukamoto 2902-,36-2 7 State of Colorado) County of Adams) ss The foregoing instrument was acknowledged before me this /313 day of tiLIUf. - 2002 by A L T 'q , I In for United Power, Inc. WITNESS my hand and official seal My commission exp. GARY MOGENSEN j Notary Public NOTARY PUBLIC j} STATE OF COLORADO My Commission Expires 07/19/2006 VIII VIIIIIIIIIIVIIIVIIIUe%IIIIIIIIII\\ III\III\ Ilpj36 R 0,002D 0.00 J.R. "Saki' Tsukamo EXHIBIT A PAGE 1 of 2 PROPERTY DESCRIPTION A STRIP 10 FEET WIDE, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OVER, ACROSS AND THROUGH LOT A, RECORDED EXEMPTION No. 1467-01-1-RE 1656, LOCATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6th P.M., WELD COUNTY, COLORADO DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE S 0° 16' 50" E, A DISTANCE OF 188.64 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER TO A LINE THAT IS PARALLEL AND 15.0 FEET SOUTHERLY (MEASURED AT A RIGHT ANGLE) WITH THE SOUTH RIGHT-OF-WAY OF HIGHWAY 52 DESCRIBED IN BOOK 1552 AT PAGE No. 72, REC. No. 1324172; THENCE N 89° 52' 35" E, A DISTANCE OF 27.18 FEET ALONG SAID PARALLEL LINE; THENCE N 44° 48' 35" E, A DISTANCE OF 18.10 FEET ALONG SAID PARALLEL LINE TO THE WEST LINE OF SAID LOT A AND THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING N 44° 48' 35" E, A DISTANCE OF 123.26 FEET ALONG SAID PARALLEL LINE; THENCE N 89° 52' 35" E, A DISTANCE OF 280.77 FEET ALONG SAID PARALLEL LINE TO THE EAST LINE OF SAID LOT A AND THE TERMINUS OF SAID CENTERLINE. THE SIDE LINES OF SAID STRIP ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE EAST AND WEST LINE OF SAID LOT A AND ON EACH OTHER TO FORM A CONTINUOUS STRIP WITHOUT GAPS OR OVERLAPS. OCTOBER 15.2002 1141ADSC `4 ' D` G1 . (1,-- /O i.--Lt "0f . 1 11111 11111 1111111 11111 VIII II 11111111 III 11111 1111 IIII 3011326 12/04/2002 12:42P Weld County, CO 5 of 6 R 0.00 D 0.00 J.A. "Sulu" Tsukamoto kNW CORNER X NE1/4 A V FRE0EP M SEC 1, TIN, R68W LMA SURVEYM 399 BUSH STREET BRIGHTON CO 80601 303-659- 1360 2141A.GCSCALE: 1 40' HIGHWAY 52 OCTOBER 015, 2002 .r as I BOOK 1552 PAGE 72, REC. No. 1324172 0 40 80 SOUTH R.O.W. HGHWAY 52 TERMIN �V _ _ _ _ C6NTA,INg 4040 SQ. FT. MORE OR LESS no /� f 1� N r° tn o t N 89'52'35"E 280.77' kg" L6- I Cto / Q vi w' 1� N `_n Py —_— t0 n mm Q N , *9" —vde, a m "L1 / N 44'48'35"E 123.26' _ » e oo F ca F" .- ,- - p,Y W mmti b / POINT OF BEGINNING - 4 LOT A LOT B N 44'48'35"E 18.10' RECORDED EXEMPTION No. 1467-01-1—RE 1656 -o- 0 N 89'52'35"E 27.18' 11." a Ni=00 s —00 NE1 /4 SEC . 1 , T1N , R68W -o a cc ,',,,•„pb,bp,. -CV Cg ‘‘ O ‘ tQ /�y • •'.• -V•.r —fO co jn �Cpyy/ �//�/ MEMORANDUM :11H-H%> TO: Clerk to the Board DATE: Nov. 22, 2002 "ligeFROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item l COLORADO Purchase of Easement Agreement With United Power Enclosed is an executed Easement Agreement with United Power. Please submit this Agreement for the Board's Approval. • The Easement Agreement is to grant permission for United Power to install a utility line at the Dacono grader station said line shall be 15' from the right-of-way of State Highway 52. This property is owned by Weld County and is known as Lot A,Recorded Exemption 1656 in the northeast 1/4 of Section 1, Township 1 North, Range 68 West. • The payment is enclosed in the amount of$1,296, Check No. 00042607. It is based on $15,000 per acre and comparable to the amount Weld County pays for easements in this area. • This Easement Agreement was originally prepared by the County Attorney's staff for Kinder Morgan. United Power has duplicated the easement agreement for this transaction. • This Agreement was reviewed from the Operations and Planning view points and APPROVAL IS RECOMMENDED. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:A LconAKINDERMORGAN-eas.wpd 2002-3077 Hello