HomeMy WebLinkAbout20053297.tiff 10/26/05 10:54 FAX 970 351 0665 DREXEL BARRELL aj002
DRAINAGE UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS Weld County, North Business Park
Administration Building, Pond 1, whose address is 1401 North 17th Avenue t in
consideration of the sum of Eleven 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, Colorado 80631, and to its successors and assigns, non-exclusive drainage
utility easements, described in the Final Drainage and Erosion Control Report for the North
Business Park Administration Building.
The drainage utility easement shall be used for the purposes of providing storm water
detention and conveyance in a capacity of 3488 (ft3) cubic 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
• stated 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 repairs, 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.
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10/26/05 10:54 FAX 970 351 0665 DREXEL BARRELL Qh003
Grantor shall have the right to make landscaping improvements within the easement, so
long as such improvements do not interfere with the function or 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.
In no event shall Grantor make any claim against Grantee for damages to any improvements or
fixtures hereinafter installed by the Grantor within the area of the easement.
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 31st
day of October , 2005
GRANTOR:
By:
Its: C.hairmnn
GRANTEE
(Fully executed copy is not
available)
By:
•
Its:
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Acknowledged before me this 31st day of October 2005,by
William H .Tyke S...............`(,0
411 NOTARY 3\
SUBSCRIBED TO AND SWORN before me. I -�—
{ \, PUBLIC:.l 1 a i-1 Cc ►.. ...........•
No Publi' `'"
My Commission Expires:
My Commission Expires May 19,2009
2
10/26/05 10:54 FAX 970 351 0665 DREXEL BARRELL a 004
RESPONSIBLE PARTY CERTIFICATION SHEET
Weld County hereby certifies that the drainage facilities for the North Business Park
Administration Building shall be constructed according to the design presented in this
report. I understand that the City of Greeley does not and shall not assume liability for
the drainage facilities designed and/or certified by my engineer. I understand that the r
City of Greeley relies on the representations of others to establish that drainage facilities
are designed and constructed in compliance with City guidelines, standards, or
specifications. Review by the City of Greeley can therefore in no way limit or diminish
any liability, which I or any other party may have with respect to the design or
construction of such facilities.
Attest: ,.••• ' "• Weld County
ct.• VANE.
v NOTARY %.1-1
PUBLIC �+?
My Commission Exxppires Mav 19,2009
No Pubh J
William Jerke,Weld County
Chairman
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