HomeMy WebLinkAbout20041690 RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF EASEMENT FOR POUDRE RIVER
TRAIL AND AUTHORIZE CHAIR TO SIGN - HILLTOP AQUATIC INVESTMENTS, LLC,
DBA RAINDANCE AQUATIC INVESTMENTS, LLC
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 Agreement for Donation of Easement for
Poudre River Trail between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Hilltop Aquatic Investments, LLC, dba Raindance
Aquatic Investments, LLC, 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550, with
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said donation of easement, 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 Agreement for Donation of Easement for Poudre River Trail between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Hilltop Aquatic Investments, LLC, dba Raindance Aquatic Investments, LLC 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 21st day of June, A.D., 2004.
doler`
�.;. / ♦ BOARD OF COUNTY COMMISSIONERS
• 4 • WEA_ OUNTY, COL ADO
Robert D. Masden, Chair
fir. ?or' • '.•u'$ Clerk to the Board
• *1N °�' � 1s
�.. • William H. rke, Pro-Tem
Deputy Clerk to the Board —cr u.•i
M. eile
APP AS TO- • c J
David E. Long
my ttorn v ea
• ti
Vaada
Date of signature: 7'? c'
/
2004-1690
Ce gni /V•//71C,9 PR0025
AGREEMENT FOR DONATION OF EASEMENT FOR
POUDRE RIVER TRAIL
0
THIS AGREEMENT is entered into this orl day of Ainft,�2004, 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 P.O. Box 758, 915 10th Street,
Greeley, CO 80632, hereinafter referred to as "County" and HILLTOP AQUATIC
INVESTMENTS, LLC d/b/a RAINDANCE AQUATIC INVESTMENTS, LLC, whose address
is 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550, hereinafter referred to as
"Donor".
WITNESSETH:
WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and
non-motorized vehicular right-of-way easement ("Trail Right of Way"), as part of the Poudre
River Trail, across land owned by Donor in the Northeast Quarter of Section 29 and the
Northwest Quarter of Section 30 Township 6 North, Range 67 West of the 6th P.M. Weld
County, Colorado. The Donor's property is more specifically shown on Exhibit A ("Donor's
Property"), and
WHEREAS, Donor desires to donate Trail Right-of-Way to County, as a perpetual, non-
exclusive easement, upon County meeting certain terms and conditions stated herein, and
WHEREAS, County desires to accept said donation as stated herein.
NOW, THEREFORE, in consideration of the premises and the following mutual
covenants, the parties hereto have agreed as follows:
1. DONATION OF STRIP OF RIGHT-OF-WAY: Donor agrees to donate Trail Right-of-
Way via an easement agreement (without compensation) to County and County agrees to
accept such donation. Trail Right-of-Way shall be used by the public and maintained by
the County for the purpose of conveyance by pedestrians and non-motorized vehicles.
Donor understands and agrees that Trail Right-of-Way may also be used by police,
emergency, and maintenance motorized vehicles, and by mounted police, when necessary.
The parties agree that Trail Right-of-Way shall consist of a strip of land, not less than
thirty(30) feet wide, extending across Donor's property generally in an east to west
direction. The path of Trail Right-of-Way is generally shown on the plat which is
attached hereto as Exhibit A; however, the exact location and width of Trail Right-of-
Way shall be mutually determined by the parties prior to the date of closing.
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2. METHOD OF DONATION: Donor agrees to grant Trail Right-of-Way by and through the
execution of an easement agreement, on a form acceptable to County, with said easement
being free and clear of all encumbrances (if any encumbrances exist on Donor's Property,
Donor shall provide the written consent of all lenders to the grant of easement described
herein), except for existing easements, and rights-of-way of record, if any, including, without
limitation, any utilities currently in place. Said easement agreement shall be executed
promptly upon completion of a survey plat of Trail Right-of-Way, paid for by County, which
shall show the exact location of Trail Right-of-Way and provide a legal description thereof.
The parties further agree that said easement agreement may be recorded separately from this
Agreement, but shall be subject to and shall not merge with the terms of this Agreement.
3. GRANTING OF EASEMENT FOR TRAIL RIGHT-OF-WAY NOT CONSIDERED LAND-
SPLIT: Donor and County acknowledge that the approval and signatures on the easement
agreement for the Trail Right-of-Way shall not be considered as a split of the property owned
by Donor, such that it neither violates the subdivision regulations of the County, nor does it
create a separate remaining parcel.
4. CONSTRUCTION OF TRAIL: County, acting through the Poudre River Trail Corridor, Inc.,
shall be solely responsible for construction and maintenance of the Trail Right-of-Way.
5. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized any
agreement with respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This Agreement
embodies all agreements between the parties hereto and there are no promises, terms,
conditions, or obligations referring to the subject matter whereof other than as contained
herein.
6. RIGHT TO POSSESSION: Although the date of the grant of the easement for Trail Right-of-
Way shall be the date of signature on the easement agreement, it is expressly agreed by the
parties hereto that upon execution of this Agreement by County and Donor, County, its
contractors, agents, employees, if any, and all others deemed necessary by County shall have
the irrevocable right to possess and use all of Trail Right-of-Way, if deemed necessary by
County for the purpose of construction or maintenance of Trail Right-of-Way, or by the public
if Trail Right-of-Way is ready for conveyance by pedestrians or by non-motorized vehicles.
7. RIGHT TO RELOCATE OR TEMPORARILY REMOVE TRAIL RIGHT-OF-WAY: Donor,
at Donor's cost, shall have the right to relocate Trail Right-of-Way on Donor's adjoining
property, or to temporarily remove the improvements on Trail Right-of-Way, if necessary, to
install infrastructure to the subdivision contemplated by Donor, subject to the approval of
County, which shall not be unreasonably withheld. The Trail Right-of-Way and all facilities
disturbed by such relocation, or temporary removal, however, shall be promptly restored to the
condition of the Trail Right-of-Way prior to such relocation, or removal. Donor shall give
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notice 90 days prior to such relocation, or removal and shall disturb the Trail Right-of-Way as
little as possible, keeping in mind the usability and accessibility of the Trail Right-of-Way to
the public. Upon finalizing any relocation of the Trail Right-of-Way, Donor shall, at its cost,
resurvey the new location and execute an easement agreement to County under the same terms
and conditions as the original easement agreement.
8. WARRANTY OF TITLE: Donor warrants that it is the owner of the Right-of-Way and will
defend title thereto against all claims.
9. TAX APPORTIONMENT: Donor represents and warrants that all general taxes levied
against Trail Right-of-Way prior to such year have been paid in full by Donor.
10. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or provisions, to a person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
12. NO WAIVER OF IMMUNITY: No portion of this 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 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 Agreement.
13. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
14. HUNTING AND MINING ACTIVITIES: County acknowledges that existing and future
activities on Donor's Property shall, or may include, hunting and fishing by Donor and
Donor's licensees and invitees. Donor is willing to grant the easement for Trail Right-of-Way
on condition that such hunting and fishing activities may be continued on Donor's Property, as
Donor deems fit, after the construction of Trail Right-of-Way by County. County
acknowledges that a mining operation for sand, gravel, dirt, and other aggregate minerals (as
well as oil, gas and other hydrocarbon substances) will be conducted on Donor's Property by
Donor and Donor's licensees and invitees. Donor is willing to grant the easement for Trail
Right-of-Way on condition that such mining activities may be commenced and continued on
Donor's Property, as Donor deems fit, after the construction of Trail Right-of-Way by County.
The mining activities may require passage of trucks and excavating equipment over and across
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Trail Right-of-Way. Notwithstanding the foregoing, Donor and County shall work
cooperatively together to attempt to create methods and mechanisms to reduce the impact and
increase safety in connection with use of Trail Right-of-Way by the public in connection with
the passage of trucks and excavating equipment over and across Trail Right-of-Way. Such
methods may include, but are not limited to, the construction of a underpass below the grade
of Trail Right-of-Way to permit trucks and excavation equipment to pass under Trail Right-of-
Way.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to
and be binding upon the heirs, executors, administrators, successors, successor by merger, and assigns
of the respective parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
HILLTOP AQUATIC INVESTMENTS, LLC
d/b/a RAINDANCE AQUATIC INVESTMENTS,
LLC, a Colorado Limited Liability Company
By: /1-'&2
Martin Lind, Set Ward or
Russell B. Sanfo d
�� Its: Co-Manager T: a)14 tietI� , �el_ l�
AI
THE BOARD OF COUNTY OF WELD, a body corporate and
MMISSIONERS politic of the STATE OF COLORADO
1861 l fii�
eputy Clerk to the Board Robert D. Ma den, Chairman 2 1 2004
Board of County Commissioners of the
County of Weld
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3197488 07/09/2004 02:32P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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