HomeMy WebLinkAbout20053313.tiff RESOLUTION
RE: APPROVE COVENANT OF DEDICATION AND GRANT OF PERMANENT EASEMENT
FOR THE UNITED STATES ARMY CORPS OF ENGINEERS GEISERT PIT
MITIGATION AREA AND AUTHORIZE CHAIR TO SIGN
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 Covenant of Dedication and Grant of
Permanent Easement for the Geisert Pit Mitigation Area between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the United
States Army Corps of Engineers,commencing upon full execution,with further terms and conditions
being as stated in said covenant and grant, and
WHEREAS,after review,the Board deems it advisable to approve said covenant and grant,
copies of which are attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Covenant of Dedication and Grant of Permanent Easement for the
Geisert Pit Mitigation Area between the County of Weld,State of Colorado,by and through the Board
of County Commissioners of Weld County,and the United States Army Corps of Engineers be,and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said covenant and grant.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 9th day of November, A.D., 2005.
♦��` BOARD OF COUNTY COMMISSIONERS
\ I / /�` WELD COUNTY, COLORADO
ATTEST: aatil ../ . ' -...-A-
2:( gap illiam H. Je e, Chair
Weld County Clerk to th=,
or W-. c1,,
BY: a
� a I1vilk, . J. ile, Pro-Tem
� I ts.
puty Clerk to th :oard
David E. Lon
O D AS_TQ:F .
Robert D. Masden
L
un Attorney a-
�i072-6Glenn �,'
Date ad�
of signature:
2005-3313
BC0035
//-,J, 3--c2S-
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COVENANT OF DEDICATION
COMES NOW the Weld County Board of County Commissioners of Weld
County, Colorado ( herein after "PERMITTEE") and now stipulates to the following
statements of fact, and further agrees to restrict the use and title of the realty described in
Attachment 1 to this document (hereinafter referred to as the "Land") in accordance with
the terms and conditions set forth herein.
A. STIPULATIONS OF FACT
1. That PERMITTEE is the applicant for Department of the Army permit number
199980251 to place fill material in the wetlands located at 83`d Avenue Gravel Pit
wetlands (NE'% of the SE'/ and the SE'/ of the NE'/ of Section 31, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado) and impacts to these wetlands
are mitigated for at the Geisert Pit Mitigation Area(NE '/ of Section 31, Township 6
North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of
Colorado, more particularly described in Attachment 1); and that the U.S. Army Corps of
Engineers has regulatory jurisdiction over the discharge of dredged or fill material into
said wetlands pursuant to Section 404 of the Clean Water(33 USC 1344).
2. That PERMITTEE is the owner in fee of the real estate described in
Attachment 1.
3. That PERMITTEE and the Omaha District of the U.S. Army Corps of
Engineers have reached an agreement whereby PERMITTEE will be permitted after the
fact to discharge fill material in wetlands in accordance with the terms and conditions of
Department of the Army permit number 199980251; and that in consideration for said
discharge of fill material in the wetland at the 83`d Avenue Gravel Pit, PERMITTEE will
provide mitigation at the Geisert Pit Mitigation Area for the adverse environmental
effects resulting from the placement of fill material in the wetland at the 83`d Avenue
Gravel Pit by dedicating the Geisert Pit Mitigation Area as described in Attachment 1 for
perpetual use as a conservancy area in accordance with the terms and conditions of this
document and the above-mentioned permit.
4. That the above-mentioned dedication shall consist of the execution of this
document by all parties necessary to restrict the use and title of the land; and that this
document shall be recorded in the office of the Weld County Clerk and Recorder.
5. That simultaneously with the execution and recording of this Covenant, a
perpetual easement has been executed and recorded allowing the Department of the Army
access for purposes of inspection to the area described Attachment 1.
6. That the terms and conditions of this Covenant of Dedication shall, as of the
date of execution of this document, bind PERMITTEE to the extent of their legal and/or
equitable interest in the land; and that this Covenant shall run with the land and be
binding on PERMITTEE and its successors and assigns forever.
7. That the terms and conditions of this Covenant shall be both implicitly and
explicitly included in any transfer, conveyance, or encumbrance of the Land or any part
thereof, and that any instrument of transfer, conveyance, or encumbrance affecting all or
any part of the Land shall set forth the terms and conditions of this document either by
reference to this document or set forth in full text.
2005-3313
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B. DEED AND USE RESTRICTIONS
PERMITTEE hereby warrants that it is the owner in fee of the realty described in
Attachment 1; and that the Land is hereby dedicated in perpetuity for use as a
conservancy area.
PERMITTEE hereby agrees to restrict the use and title of the Land as follows:
1. There shall be no construction or placement of structures or mobile homes,
fences, signs, billboards or other advertising material, or other structures, whether
temporary or permanent, on the land.
2. There shall be no draining, excavation, dredging or removal of loam, peat,
gravel, soil, rock or other material substance in such manner as to affect the surface.
3. There shall be no surface use except for purposes that permit the land or water
area to remain predominantly in its natural condition
4. There shall be no removal, destruction, or cutting of trees, shrubs or other
vegetation
5. There shall be no activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife preservation
6. There shall be no dumping or placing of soil or other substances or material as
landfill, or dumping or placing of trash, waste or unsightly or offensive materials.
7. There shall be no acts or uses detrimental to the preservation of any features or
aspects of the property having historical, archaeological or cultural significance.
8. There shall be no acts or uses detrimental to such aforementioned retention and
maintenance of land or water areas
C. This Covenant of Dedication may be changed, modified or revoked only upon
written approval of the District Engineer of the Omaha District of the U.S. Army Corps
of Engineers. To be effective, such approval must be witnessed, authenticated, and
recorded pursuant to the law of the State of Colorado.
This Covenant needs to be reviewed by the Corps of Engineers prior to signature to
assure compliance with permit conditions.
COE representative's initial
D. This Covenant is made in perpetuity such that the present owner and its heirs and
assigns forever shall be bound by the terms and conditions set forth herein.
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ATTACHMENT 1
COVENANT OF DEDICATION DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 31, Township 6 North,
Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
Commencing at the North Quarter corner of said Section 31, from whence the Center
One-Quarter Corner of said Section 31 bears S00°38'03"E, with all bearings contained
herein relative thereto; thence S08°24'03"E a distance of 1231.01 feet to the POINT OF
BEGINNING; thence S81°56'06"E a distance of 284.78 feet; thence S16°28'38"E a
distance of 221.53 feet; thence S00°00'00"E a distance of 561.78 feet; thence
S57°00'00"W a distance of 190.29 feet; thence N89°21'51"W a distance of 172.03 feet;
thence N00°49'31"W a distance of 915.99 feet, to the POINT OF BEGINNING and
containing 6.59 acres, more or less.
The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado, and is based on a land survey conducted on September 14, 2005.
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IN WITNESS WHEREOF, I, William H. Jerke , Chairman of the Board
of County Commissioners of said County of Weld, State of Colorado, on behalf of said
County and by virtue of the Order contained in the Resolution made by said Board of
County Commissioners on the 9thday of November, 2005 , have hereunto set
my hand and affixed the seal of said County this 9th day of November, 2005 , for
the uses and purposes therein� set forth.
ATTEST: i ji COUNTY OF WELD, STATE OF
fL® COLORADO, A BODY POLITIC
AND
CLERK TO THE BOARD OF , 5,k V s CORPORATE OF THE STATE OF
COUNTY COMMISSIONERS i ;v'ti-''",
ts ': COLORADO
BY: U t otk& do-47 ,:et BY: C-1--,i vL'
putt' rk to the B d William H. Jerke , Chairman
STATE OF COLORADO ) NOV Q 9 200
County of Weld ) ss.
)
The foregoing instrument was acknowledged before me this q day of
)S0k:e bec , by Chairman of the Board of
County Commissioners of the County of W ce t eoff to do.
Witness my hand and official sea is_,CoRti® — , A.D.
KAHL
c COLD
..
OF CO
My commission expires: My Commission Expires May 15,2006
M:\Wpfiles\PWORKSCOVENANTOFDEDICATIONgeisertfinal.doc
HA .0f-tic-IA-tat
zt GRANT OF PERMANENT EASEMENT 1Th° Ric
(Weld County-Army Corps of Engineers)
This Grant of Permanent Easement is made by and between the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 915 10`h Street, Greeley, Colorado 80631 ("County") and the
United States Army Corps of Engineers ("Corps of Engineers").
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, County hereby grants, sells, assigns, conveys and quit claims to Corps of
Engineers a non-exclusive, perpetual easement, for the purpose of entry onto the conservancy
boundary area described in the COVENANT of DEDICATION recorded at reception #
on of the Records of the Weld County Clerk and
Recorder for the purpose of compliance with the Department of the Army permit No.
199980251.
The location of the easement parcel is described as follows:
See Exhibit"A" Access Easement Description and Exhibit Map "A"
The Permanent Easement hereby conveyed is for access onto the conservancy boundary
area only for compliance inspections.
This Easement shall be binding upon, all and inure to the benefit of, and be enforceable
by the parties, their successors and assigns. The Easement shall be governed and constructed in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of
acknowledgment set forth below.
/ COUNTY OF WELD, STATE OF
ATTEST: { � �Q�/ �.� COLORADO, GRANTEE
A ntasy D� \ ft
CDuty Cl k to the Bo ea ham H. Jerke, Chairman, Board of
mew %No, my Commissioners of Weld County,
\ ,'olorado i UV 0 9 2005
asonsayprOli
Page I of 2 page
cco5- 33/3
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was ackn IWed.$i girre e this 9th day of
November , 2005, by William I-I ea Chair,By f County Commissioners of the
County of Weld. SHARON
KAHL
Witness my hand and official sea it O
OF COii- Notary Pu lic
My commission expires: My Commission Expires May 15,2006
The Grantee hereby accepts this easement for the purposes set forth herein on this the
day of , 2005
UNITED STATES ARMY
CORPS OF ENGINEERS
ATTEST:
NAME TITLE
Page 2 of 2 page
;RODS- .33/$
EXHIBIT A
ACCESS EASEMENT DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 31, Township 6 North,
Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
Commencing at the North Quarter corner of said Section 31, from whence the Center
Quarter Corner of said Section 31 bears S00°38'03"E, with all bearings contained herein
relative thereto; thence S34°02'22"E a distance of 817.29 feet to the South Right-of-Way
line of North 17th Avenue and the POINT OF BEGINNING; thence along the
northeasterly and southeasterly line of the Weld County Public Works service road by the
following Six (6) courses:
1)thence 255.61 feet along the arc of a curve to the right whose radius is 211.01
feet, central angle is 69°24'24"and whose chord bears S30°24'41"W a distance
of 240.27 feet;
2) thence S31°36'30"E a distance of 86.00 feet;
3) thence S40°02'37"E a distance of 103.42 feet, to a point of curve to the left;
4) thence 151.00 feet along the arc of said curve whose radius is 173.19 feet,
central angle is 49°57'22" and whose chord bears S65°01'19"E a distance of
146.27 feet;
5) thence N90°00'00"E a distance of 265.19 feet, to a point of curve to the right;
6)thence 190.68 feet along the arc of said curve whose radius is 209.21 feet,
central angle is 52°13'17" and whose chord bears $63°53'23"E a distance of
184.15 feet;
thence departing from said northeasterly line S57°49'59"W a distance of 574.57 feet to
the conservancy boundary area; thence N32°10'01"W along said conservancy boundary
area distance of 20.00 feet; thence N57°49'59"E a distance of 509.98 feet, to a point of
curve to the left and the south line of the Weld County Public Works service road; thence
along the southerly and northwesterly line of the Weld County Public Works service road
by the following Seven (7) courses:
1) thence 109.64 feet along the arc of said curve to the left whose radius is 149.21
feet, central angle is 42°06'01" and whose chord bears N68°57'00"W a distance
of 107.19 feet;
2)thence S90°00'00"W a distance of 265.19 feet, to a point of curve to the right;
3)thence 203.32 feet along the arc of said curve whose radius is 233.19 feet,
central angle is 49°57'22"and whose chord bears N65°01'19"W a distance of
196.94 feet;
4)thence N40°02'37"W a distance of 107.85 feet;
5) thence N31°36'30"W a distance of 150.49 feet;
6) thence N57°53'37"E a distance of 60.00 feet, to a point of curve to the left;
7) thence 203.86 feet along the arc of said curve whose radius is 151.01 feet,
central angle is 77°20'54" and whose chord bears N29°07'56"E a distance of
188.73 feet, to a point on the south line of North 17th avenue and a curve to the
left;
thence along said South line of North 17th avenue 62.23 feet along the arc of said curve
whose radius is 500.00 feet, central angle is 07°07'51" and whose chord bears
S81°27'17"E a distance of 62.19 feet to the POINT OF BEGINNING and containing
1.73 acres, more or less.
The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado, and is based on a land survey conducted on September 14, 2005.
EXHIBIT MAP _
NE COR
141/4 COR ,. 589'34'39"E 2631.28' SEC 31-6-65
SEC 31-6-65 "O " STREET
1_-
LINE/CURVE TABLE
I LI 531'36'30"E 86.00'
I
'PJ LZ 540'02'37"E 103.42'
1 1 0 C3 R=149.21'
J L TE'Ps L=109.64'
F, A=42'06'01"
N \ b LC=N68'57'04'W
r •\ � Lt N5753,37LE9 60.00'
\ 'P' C5 R=500.00'
L=62.23'
\ A=0707'51"
LC=S81'27'17"E
\ \\ 62.19'
\ \
\\\ \ \ � � _
N 17TH AVE
R=151.01, O
L=203.89 cs
6=77'20 54gg"
LC=N29'07734 E
\
$ 13 \ \ 55pp
3 g \ L4 E-69421�12 4w
"•
m LC=53O'24 9 4J
,"19
in
c *All O
o o in .
n 00.
TO O,
�IV' L� 561461 219"E N9p00'00"E 265.19' L1'19191.
91 51=2 "E
�f" 4--
7, SERVICE 184.15
R=203}.19' N90'00'00"W 265.19'
11=49'57
1=49' 7 2 O
LC NG72 " C3
LC=N6196.94 a•W \.7!)\90
509 d \
01511
O1.1.9 0 V1 \ \
445 \
N32'10'01"W 20.00'
0 100 200 400
_r S
C1/4 COR NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
SEC 31-6-65 MONUMENTED LAND SURVEY OR LAND SURVEY PUT.
IT IS INTENED TO ILLUSTRATE THE ATTACHED LEGAL
WELD COUNTY PUBLIC WORKS DEPARTMENT DESCRIPTION ONLY.
SURVEY LVS
DESIGN GEISERT PIT EASEMENT
DRAWN DESCRIPTION
DATE OCTOBER 26, 2005 EXHIBIT MAP
Kitt ;;-(\
MEMORANDUM
C.
COLORADO TO: Clerk to the Board DATE: March 20, 2006
FROM: Jeff Jerome, Operation Division Manager
i
f c
SUBJECT: Document #2005-3313
Please record the enclosed response from the Department of Army,Corps of Engineers, in Lieu of a
Grant of Permanent Easement signature under Document#2005-3313 on the Geisert Pit Mitigation.
pc: Greg Nelson, Mining Supervisor
Department of Army, Corps of Engineers
Geisert Pit Mitigation
M:AFrancieVAgenda Road Closures.doc
! 13\
•t M DEPARTMENT OF THE ARMY
E-C , CORPS OF ENGINEERS OMAHA DISTRICT
a Ili' ' "� 106 SOUTH 15{H STREET
I OMAHA NE 68102.1618
Regulatory Branch December 7, 2005
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Jeff Jerome, Manager
Operations Division
Department of Public Works
1111 H Street
Greeley, CO 80632
Re: Department of the Army (DA) Permit No. 199980251
Dear Mr. Jerome:
This is in reply to letter of November 28, 2005 concerning the Covenant and Grant of
Permanent Easement for the Geisert Pit Mitigation, Department of the Army Permit No.
199980251.
The resolution and covenant of dedication covering the 6.59 acres should be sufficient
once it is recorded with the County. However, there are some items and/or documents that may
need to be stricken. By virtue of the permit Weld County has granted the Corps of Engineers
access to the site for monitoring. We do not need the easement for that purpose. The Covenant
and Dedication will be sufficient to assure that the wetlands for mitigation are protected in
perpetuity. However paragraph A. 5 of the Covenant references a perpetual easement being
executed and recorded, since this is not possible it will need to be stricken.
Our regulations do not allow the Corps of Engineers to enter in to any real estate
instrument which results in the Federal government holding deed restrictions on properties, or
that contains real estate provisions committing Corps Districts to any interest in the property
unless the United States Congress provides the statutory authority that authorizes such an
arrangement.. The original documents are being returned without Corps action.
Printed on : Recycled Paper
Please modify, execute and record the Covenant of Dedication accordingly. The
easement will no be required. If you have any questions regarding this letter please contact Mr.
LaGrone at (402) 221-4320.
'ussell W. R ef! d
Chief, Regulato Branch
Operations Division
Enclosure
CF:
CENWO-OD-RCO
CENWO-OD-RF (LaGrone)
. rt,, ,;_ ___
PUBLIC WORKS DEPARTMENT
1111H STREET, P.O. BOX 758
iiiipe GREELEY, COLORADO 80632
WEB SITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
COLORADO
November 28, 2005
David LaGrone
Department of Army
Corps of Engineers
Omaha District
106 South 15th Street
Omaha NE 68102-1618
RE: Approval of Covenant of Dedication and Grant of Permanent Easement for the Geisert Pit Mitigation,
Permit No. 199980251
Dear Mr. LaGrone:
Enclosed are:
Original September 8, 2005, Letter accepted by Frank B. Hempen, Jr., P.E.
• Resolution
Covenant of Dedication
• An original Grant of Permanent Easement
Upon the Corps approval, please send a copy of the signed Grant of Permanent Easement to the address
above for our records.
'Sincerely,
left Jr� opf� / ;' -
Operations Div.sioa Manager
pc': Darcy Tiglas
M:1QAining\Geisert Pit Mitigation-Iet.DOC
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