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HomeMy WebLinkAbout890334.tiff RESOLUTION RE: APPROVE LETTER OF AGREEMENT FOR SEWER LINE (VACATION OF HOSPITAL ROAD) AND AUTHORIZE CHAIRMAN 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, Weld County has requested that the City of Greeley vacate Hospital Road between 15th and 16th Streets, and WHEREAS, if the City is to grant the County' s request for vacation of said Road, Weld County agrees that the sewer line which lies underneath this road is a private sewer, and the City will have no maintenance responsibilites for said sewer line, and WHEREAS , a Letter of Agreement with the County accepting the designation of the sewer as a private sewer has been prepared by the Board to be sent to the City, and WHEREAS, the Letter requests that the City vacate Hospital Road without any requirement of encumbering Hospital Addition with any easements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Letter of Agreement concerning the designation of the sewer for the sewer line at Hospital Road be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Letter of Agreement, a copy of which is attached hereto and incorporated herein by reference. pp000s 890334 Page 2 RE: LETTER OF AGREEMENT - CITY OF GREELEY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April , A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: ��� WELD COUNN�TY, COLORADO Weld County erk and Recorder �/� 2.EO and Clerk to the Bo d C.W. Kirby, C i`rman- _`— c ne Jo n on, Pro-Tem Deputy County lerk OVED AS TO FORM: a-f Bran net r27 l��ei��e 7 eorgeeYY County Attorney Go Y 890334 Pia t 64‘;14.- OFFICE OF BOARD OF COUNTY COMMISSIONERS ii PHONE(303)356-4000, EXT.4200 P.O. BOX 758 GREELEY,COLORADO80632 WI I C. COLORADO April 11, 1989 Mr. Frank Stephens, P.E. Administrative Engineer Waste Water Division City of Greeley 1000 Tenth Street Greeley, CO 80631 RE: Vacation of Hospital Road Dear Mr. Stephens: The Board of County Commissioners of the County of Weld and the Board of Trustees of North Colorado Medical Center, Inc. have requested the City of Greeley to vacate Hospital Road between 15th Street and 16th Street. As Administrative Engineer of the Waste Water Division of the City of Greeley you have recommended to the City Council that the request to vacate Hospital Road be granted but that the city obtain the following easement: A 20 foot wide easement for the operation and maintenance of a sanitary sewer line, located in the West Half of Section 7, Township 5 North, Range 65 West of the 6th Principal Meridian, Greeley, Colorado, lying 10 feet perpendicularly on each side of the following described centerline: Commencing at the Northeast Corner of Block A of Hospital Addition as filed in the records of Weld County, January 10 , 1948 , in Book 7, Page 44, and considering the East Line of said Block A to bear South 0° East, with all bearings herein relative thereto; 890334 Mr. Frank Stephens, P .E. April 11 , 1989 Page 2 Thence South 0°00 ' 00" East, 80 . 00 feet to the point of intersection of the East Line of said Block A and the South right of way line of 15th Street; Thence South 31°19 ' 54" west, 189 . 30 feet to the True Point of Beginning; Thence North 50°13 ' 27" East, 193.14 feet to a point on the West Line of Block B of said Hospital Addition, said point being the Point of Termination. The side lines of said easement are lengthened or shortened to intersect with the West Line of said Block B. Said easement contains 0 . 089 acres more or less; and A 20 foot wide easement for the operation and maintenance of a sanitary sewer line, located in the West Half of Section 7, Township 5 North, Range 65 West of the 6th Principal Meridian, Greeley, Colorado, lying 10 feet perpendicularly on each side of the following described centerline: Commencing at the Northeast Corner of Block A of Hospital Addition as filed in the records of Weld County, January 10, 1948, in Book 7, Page 44, and considering the East Line of said Block A to bear South 0° East, with all bearings herein relative thereto; Thence South 0°00 ' 00" East, 80.00 feet to the point of intersection of the East Line of said Block A with the South right of way line of 15th Street; 890334 Mr. Frank Stephens, P.E. April 11 , 1989 Page 3 Thence continuing South 00°00 ' 00" East, 79 . 75 feet along the East Line of said Block A; Thence North 50°13 ' 27" East, 65 .06 feet to a point on the West Line of Block B of said Hospital Addition, being the True Point of Beginning; Thence continuing North 50°13 ' 27" East, 28 .12 feet to a point of intersection with the South right of way line of 15th Street, said point being the Point of Termination. The side lines of said easement are lengthened or shortened to intersect with the West Line of said Block B and the South right of way line of 15th Street. Said easement contains 0 .013 acres more or less . The sewer line presently installed serves the hospital on Block A of Hospital Addition, the Public Health Building on Block B of Hospital Addition, and may serve the Weld County Ambulance Building on the north end of Block B of Hospital Addition. This letter is to advise you that Weld County is the record owner of all of Block A and B of Hospital Addition; and that the sewer line, above-described, is, and has always been considered, a private sewer up to its point of connection to the public sewer in 15th Street. The city does not have, and has never had, the obligation to install or maintain this sewer although it may have by separate agreement, or as an accommodation, performed preventive maintenance on the sewer. The county understands that it has responsibility for the installation and maintenance of this sewer line and that, absent a separate agreement or accommodation, the city will have no maintenance responsibilities for this sewer line up to its point of connection to the public sewer in 15th Street. 590334 Mr. Frank Stephens, P.E. April 11, 1989 Page 4 Weld County wishes to maintain maximum flexibility with respect to the future development of the hospital campus and therefore does not wish to have any encumbrances on the property limiting that flexibility. Having stated the ownership of the properties served by the sewer and accepted its designation as a private sewer, the Board of County Commissioners respectfully requests that you withdraw the requirement of an easement and further request that the City of Greeley vacate Hospital Road without any requirement of encumbering Hospital Addition with any easements which might limit our flexibility in the use and development of the campus . Yours p truly, y' y (ii/� 'i�" 7 C.W. Kirby, Chairman Board of County Commissioners CWK:elb XC: Don Orleans Arthur Roy 890334 l6 North Colorado Medical Center 1801 16th Street Greeley, Colorado 80631-5199 (303) 352-4121 April 11, 1989 Mr. C. W. Kirby, Chairman Weld County Commissioners P. 0. Box 758 Greeley, CO 80632 Re: Vacation of Hospital Road Dear Chairman Kirby: The County has requested that Hospital Road between 15th Street and 16th Street be vacated for the construction of expanded parking facilities for North Colorado Medical Center, Inc. The City of Greeley has requested that they be granted an easement for a sewer line which serves the hospital , the Public Health Building, and perhaps, the Weld Ambulance Building. You have requested that the city delete this requirement and have represented that all of the properties are in common ownership and that the sewer in question is a private sewer. This letter is to assure you that North Colorado Medical Center, Inc. , the current tenant and operator of the hospital will incur and pay any expense necessary for the maintenance or replacement of the sewer line presently installed during the lease term and to indicate that North Colorado Medical Center, Inc. concurs in the designation of the sewer as a private sewer rather than a public sewer. If you have any questions concerning these matters , please feel free to ask. Y very trul , Richard H. Stenner President RHS/ad cc: Arthur P. Roy 890334 I48S APR 17 '1 , n WATER & SEWER DEPARTMENT CLERK 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9812 TO THE CO o April 13, 1989 Mr. C. W. Kirby, Chairman Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 RE: HOSPITAL ROAD VACATION Dear Chairman Kirby: Under the conditions set forth in your letter dated April 11 , the Water and Sewer Department hereby relinquishes its requirement that a sewer easement be described for Blocks A and B of Hospital Addition. As stated in your letter, the sewer serving the Hospital , the Public Health Building, and possibly the Ambulance Building, is hereby recognized to be a privately maintained sewer service line up to its point of connection with the public sewer in 15th Street. We hope that this grants the County the flexibility it desires for future development of the Hospital campus. If I can be of any service in this matter, please let me know. Sincerely, gi H. Ryb Director Water and Sewer Department MHR/ld cc: Becky Safarik 890334 Hello