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Home My WebLink About992603.tiff RESOLUTION RE: APPROVE GRANT OF EASEMENT AND AUTHORIZE CHAIR TO SIGN - PETE AND STELLA GALLEGOS 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 Grant of Easement 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 Pete and Stella Gallegos, with further terms and conditions being as stated in said grant of easement, and WHEREAS, after review, the Board deems it advisable to approve said grant 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 Grant of Easement 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 Pete and Stella Gallegos be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said grant of easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of October, A.D., 1999. BOARD OF COUNTY COMMISSIONERS D COUNTY CO ORADO ATTEST: �� : �� /0741 �� ,o,►al K. Hall, Chair ::1d County Clerk to the,,r- • t AWL- ( � D � -rbar J. Kirkmeyer, Pr -Tem Cn 72eL, Deputy Clerk to the Boa (/ George axer APPROVED AS TO FOR CJ`6C/ , --- /� Geile ty ttornbbb/ y _A f/14 / , Glenn Vaad !y+ ' GG J� R1e&r� eAl 992603 G0038 GRANT OF EASEMENT TO 2l am COUNTY OF WELD, COLORADO KNOW ALL MEN BY THESE PRESENTS, that PETE GALLEGOS and STELLA GALLEGOS ( "Grantor" ) , in consideration of $10 . 00 and other good and valuable consideration paid by the County of Weld, Colorado ("Grantee") , the receipt and sufficiency of which is hereby acknowledged, do hereby sell and convey to Grantee, its successors, agents and assigns, a non-exclusive, perpetual easement with the right to erect, construct, install, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove storm drainage components and road improvements in and across the following-described real property in Weld County, State of Colorado: See Schedule A, attached hereto and made a part hereof by reference . (The easement area described on Schedule A shall be referred to herein as "Easement Area" ) . 1 . No Access to Grantor' s Adjacent Property. Construction and maintenance vehicles shall not have access to the Grantor' s real property except within the Easement Area unless prior consent of the Grantor has been obtained, which consent Grantor can deny for any reason. 2 . Hazardous Materials . The Grantee shall not cause nor permit to be caused by any of its contractors, agents, consultants, representatives or employees, any hazardous substances, as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA" ) , pollutants or contaminants, as defined by CERCLA, or hazardous wastes, as defined by the Resource Conservation and Recovery Act ( "RCRA" ) , or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments to such acts, to be dumped, spilled, released, permanently stored, or deposited on, over or beneath the Easement Area or any adjacent property owned by the Grantor. Any hazardous, toxic or flammable substances used by the Grantee or its agents, representatives, or independent contractors shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment . The Grantee, for itself and its contractors, agents, consultants, representatives and employees, hereby agrees to indemnify and hold the Grantor harmless from any and all claims, demands, causes of action or damages (including reasonable attorney' s fees and court costs) arising from any breach of the Grantee ' s covenants and obligations under this paragraph. 3 . Indemnification. Grantee, on behalf of itself, its successors and assigns, covenants and agrees to indemnify and save 11111111111111111 III 11111111 tint 2751272 02/24/2000 12:36P JA Saki Tsukamoto 1 of 5 R 0.00 D 0.00 Weld County CO harmless the Grantor from any claim or demand related to its access to activities on, and use of the Easement Area, including but not limited to construction, maintenance, use, or repair of the storm drainage components and road improvements or from environmental damage due to leakage from and contamination as a result of its construction or use. 4 . The Grantee shall : a. Pay the Grantor the damages caused by Grantee ' s activities pursuant to this Grant of Easement, including but not limited to crop damage caused by interference with irrigation and loss of irrigation water, other damages to growing crops, livestock, drainage tile and fences of Grantor occasioned by the construction, maintenance, or repair of the storm drainage components and road improvements, within thirty (30) days after the damage is done. b. Maintain the storm drainage components of the county road in a manner consistent with other storm drainage components along county roads of similar construction and capacity subject to the resources available to Grantee and further, that this provision shall not be deemed to abrogate any immunities the Grantee may possess or create a cause of action against Grantee where none otherwise exists at law or in equity. c . If livestock are present while Grantee performs activities pursuant to this Grant of Easement, temporary fencing capable of holding livestock shall be maintained where necessary. 5 . Restrictions on Grantor' s Use of Easement Area. Grantor shall not construct or place anything in the Easement Area as will unreasonably interfere with Grantee ' s use of the Easement Area. 6 . Grantor reserves the following rights : a. To utilize the Easement Area in any lawful manner, provided that such usage does not unreasonably interfere with the rights and privileges conferred herein, including, but not limited to, agricultural uses, open space, landscaping and fences, paved, gravel-surfaced, or unsurfaced local roadways, parking areas, and recreation areas such as trails, bike paths, basketball courts, tennis courts, and volleyball courts; b. To maintain and replace any existing improvements in their present locations, including drain tiles, pipes, other drainage apparatus, and fences located in the Easement z 1111111111 1111111111111111 1IIIIIIIIIIIIIIII11 2751272 0 5 R 0.0012 2 D 0.00 Weld County CD ukamoto Area; c . To construct and maintain utility lines, fences, streets, sidewalks, and driveways which may be installed upon, over, and across the Easement Area; these rights are subject to utility permit or access requirements of the local government with jurisdiction, d. To grant easements and rights of way upon, over, and across the Easement Area so long as such easements and rights of way do not materially interfere with Grantee ' s use and enjoyment of the rights granted herein; these rights are subject to utility permit or access requirements of the local government with jurisdiction. 7 . Indemnification Against Recovery of Costs of Construction. None of the costs of construction of the storm drainage components and road improvements which run through the Easement Area shall be charged to Grantor or otherwise recovered from Grantor, Grantor ' s heirs, successors and assigns, and Grantee on behalf of itself, its successors and assigns, covenants and agrees to indemnify and save harmless the Grantor from any claim or demand with regard to such costs in the event a claim is made against Grantor for such costs . Nothing in this paragraph is intended to cause the Grantor to be immune from impact fees or exactions in cash or in kind if Grantor' s property is further developed. 8 . Miscellaneous . (a) This Grant of Easement, shall constitute a covenant running with the land for the benefit of the Parties, their successors, agents and assigns . (b) Grantee ' s obligations hereunder shall be enforceable against the Grantee, its successors and assigns by Grantor, Grantor' s heirs, successors, and assigns . IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement this 4th day of November , 1999 . Pete Gallegos Stella Gallegos U STATE OF COLORADO ss . COUNTY OF Boulder The foregoing instrument was acknowledged before me this 4th day of November , 1999, by Pete Gallegos and Stella Gallegos . 3 HID 11111 IIIIII III IIIIIIII III IIIIIII III IIIII IIII II Ii 2751272 02/24/2000 12:36P JA Suki Tsukamoto 3 of 5 R 0.00 D 0.00 Weld County CO Witness my hand and official seal. ,My pbmmission expires : October 16, 2002 . . r,',(.., ic-,,,,,)7. • . jeriagfCilaaft. .k Lo." I )C,; <-, - Notary Public ;1 COUNTY OF WELD By 41//teth , Dale K. Hall, Chair (10-27-99) STATE OF COLORADO ) ss . COUNTY OF Weld ) The foregoing instrument was acknowledged before me this 77th day of October , 1999, by Hale x Hill , as chair of Weld County, Colorado, Board of County Commissioners Witness my hand and official seal . My commission expires : .45= JEAN D. '� ! No ary i b is ir OIWNGNAM AVCamaussion Expires March 26,2002 111111 IIIII 111111 III IIIIIIII III 1111111 III IIIII IIII Ill'2751272 02/24/2000 12:36P JA Suki 7sukamoto 4 of 5 R 0.00 0 0.00 Weld County CO 4 ,.iv 1 : -9 J U6 : 2OA PARK LNU1NLLIc1N1 1 P . U1 EXHIBIT A PERMANENT EASEMENT A PERMANENT SLOPE AND DRAINAGE EASEMENT LOCATED IN THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORT'TE, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 10; THENCE N 90°00'00" F ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 10, 1759.14 FEET; THENCE S 00°00'00" E, 30.00 FEET TO A POINT ON THE SOUTII RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 36 THE POINT OF BEGINNING; THENCE S 00°00'0" E, 21.28 FEET; THENCE S 80°21'01" F; 140.72 FEET; THENCE N 89°49'59" F; 67.12 FEET; THENCE S 00°00'25" W; 20.84 FEET; THENCE S 89°59'35" E; 70 FEET; THENCE N 00°00'25" E: 17.25 FEET; THENCE S 90°00'00" E; 84.48 FEET; THENCE N 82°17'36".E; 359.99 FEET TO A POINT ON SAID SOUTH RIGHT- OF-WAY LINE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S 90°00'00-' W; 717.07 FEET TO THE POINT OF BEGINNING. CONTAINING 24,868.26 SQUARE FEET, MORE OR LESS. 11111 11111 111111 III 1111111111111111111 11111 111115 5 of 5 2 R 0.0012D 0.00 2We Weld County iCOSukamoto FLANDERS, STOVER, ELSBERG & ELLIS, LLP ATTORNEYS AT LAW JOHN C. FLANDERS FIRST NATIONAL BANK BUILDING (303) 776-5380 THOMAS L.STOVER 401 MAIN STREET, SUITE I FAX (303) 776-6102 R. LEE ELSBERG E-MAIL into@flanderslaw.com KATHLEEN A. ELLIS LONGMONT, COLORADO 80501 SCOTT W. DUNN ESTABLISHED 1871 STEVEN M. DYE JENNIFER M. SPITZ I�wr+w,Yr wYn February 11, 20001.',17:77,1i.77.;3571"1. � Y -E3 14 2000 </VELD COUNTY ATTLee Morrison, Esq. „ �?NEY'S OFFICE . �»} Weld County Attorney's Office 915 10`h Street, 3rd Floor Greeley, CO 80631 Re: Gallegos Easement/Indemnification Agreement Our File No. 9282.04 Dear Mr. Morrison: Enclosed is the executed Grant of Easement to County of Weld, Colorado. You should obtain a signature by Weld County and forward the Easement on to Douglas L. Christman. We would appreciate a copy of the document after it is signed. If you have any questions, please let us know. Yours very truly, Scott W. Dunn SWD:sp enclosure c: Mr. and Mrs. Pete Gallegos Douglas L. Christman, Esq. I 1 O w I LI 1 ! O W I 0 z a H 0 I I 7(V m Z I II co 4., ce Q )- Li a: I I 11 0 I I I 3 I o n I � c0 O N I `t O o!N --Y I 1 K O PI cm p(�_�"� i• p i rn -6 .) I 2 I O li� N p I 1 Z I l N O M O T O tp n pl co --Th-C____,---J1' w ^1 V N -—-—•-----0 , I R ,T CC?0 0 \ N 01 0 0 1 ^ V NO ��// to Ol 2 a ._ -y�1 CO 11) , =''' I n 8p�j 1 -coa0U ON O pO O 7 N O 40 Z Z I 0 Z O / I O * Q O w N O II O =tN Jtij ita- J t •■ CJ ■ ■ p ■ al o oo II. ^Irn NI I2 1 G J 00 tD s oc'po ! X Z Oo z F CC O M I y ft ----; 17 tir...77777i 2O ' d T 9NTN33NTfN3 >1HVd VLZ : 8n 66-LT -X " X ' Ix \ Co CT) o 1 H N X © © 0O u^) (n a_ a_ a) • X F-- ED O O ry ct o x > ^ W 0 + J 00 CO N _ID 't N Q U -OD �? 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