HomeMy WebLinkAbout982440.tiff RESOLUTION
RE: APPROVE EASEMENT AGREEMENT AND TAP FEE AGREEMENT FOR HOKESTRA
PIT AND AUTHORIZE CHAIR TO SIGN - CENTRAL WELD COUNTY WATER
DISTRICT
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 an Easement Agreement and a Tap Fee
Agreement for Hokestra Pit 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 the Central Weld County Water District, with terms and conditions being as stated in said
agreements, and
WHEREAS, the Central Weld County Water District is granting a tap to Weld County
without charge as consideration for the Easement Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 Easement Agreement and Tap Fee Agreement for Hokestra Pit
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 the Central
Weld County Water District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
t�Lr7FF )/ i �
ATTEST:
,frf /1 \ Constance L. Harbert, Chair
Weld County Clerk to t" p fray_{`, ; ` '
,C � y EXCUSED
W. H. Webster, Pro-Tem
BY: �.� _ I�
Deputy Clerk to the :� .uf EXCUSED DATE OF SIGNING (AYE)
eorge E. Baxter
RO D FORM:
Dal K. Hall
o Attor ey � /4-/C/9
rbara J. Kirkmeyer
982440
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Cu,]C u/b EG0037
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TO: Borad of County Commissioners for Weld County
FROM: Cyndy Giauque, Assistant Weld County Attorney
DATE: December 14, 1998
COLORADO RE: Easement Agreement with CWCWD for a water main at the
Hokestra Pit
This memo is written to explain the attached easement agreement and water tap agreement.
On or about December, 1995, Weld County was contacted by CWCWD with a request for an
easement to install a water main through the property owned by Weld County and known as the
Hokestra Pit. There was a substantial amount of negotiation, and there were several work
sessions with the commissioners as a result of this request. Eventually, John Zadel at CWCWD
agreed that they would give Weld County a water tap on the property as a fee for the easement.
The property is currently being mined, but the plans are to eventually build a park on the
property. Thus, the commissioners wanted to ensure that a water tap was available to be placed
on the property at an appropriate location.
Even though CWCWD agreed to place a water tap on the property in exchange for the easement,
and in spite of our best efforts, no paperwork was finalized. Nothing more was heard from
CWCWD, and eventually, we filed the file. When another company came in and wanted to place
a gas line through the Hokestra Pit property, on or about June, 1997, it was discovered that
CWCWD had placed the water main through the property without first obtaining the easement.
We contacted them, and they sent unsigned water tap forms, which were virtually useless. They
also informed us that we needed to "petition into"the NCWCD. We contacted the NCWCD, and
forwarded a legal description of the property. They confirmed that the Hokestra Pit property was
already included in the NCWCD, and we did not need to petition into the district.
Since that time, we have been waiting for a legal description for the easement, and then a signed
Easement Agreement. We have recently received both of those.
We are now ready for the commissioners to review and to finalize the two agreements. After
they are signed, one original of each agreement should be forwarded to CWCWD.
Thanks.
EASEMENT AGREEMENT
This Easement Agreement, is made and entered into this 2nd day of
December , 1998, by and between the County of Weld, State of Colorado ("WELD
COUNTY"), whose address is 915 10th Street, P.O. Box 758, Greeley, Colorado 80632, and
Central Weld County Water District,whose address is 2235 2nd Avenue, Greeley, Colorado
80631, ("DISTRICT").
The parties covenant and agree as follows:
1. Easement Property. The "Easement Property" shall mean the real property
located in the County of Weld, State of Colorado, more particularly described on Exhibit A
attached hereto, which real property is owned by WELD COUNTY.
2. Consideration. WELD COUNTY makes this Grant in and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
3. Grant of Rights to Use Easement. WELD COUNTY hereby grants to the
DISTRICT, its successors and assigns, an easement over the Easement Property for the
installation, maintenance, replacement, removal and repair of a waterline for the transmission,
distribution and service of water, together with all necessary or desirable underground facilities
and appurtenances for DISTRICT's operation of the Waterline (cumulatively hereinafter referred
to as "the Waterline"). Except to the extent necessary, the Waterline and all related facilities,
shall be constructed, kept and maintained underground.
In addition, DISTRICT may use an additional ten (10) feet on each side of the Easement
Property, if necessary, on a temporary basis, during active construction or repairs and
maintenance of the Waterline. (The Temporary Construction Property).
4. Access to the Easement Property. DISTRICT shall have access to the
Easement Property at all times, either by means of the available public roads and lanes, or by
other routes to be designated by WELD COUNTY.
5. Maintenance of the Waterline. DISTRICT agrees that after DISTRICT's
construction, or any subsequent construction, if applicable, and after any maintenance, repair,
replacement or removal of the Waterline, DISTRICT shall restore the surface of the Easement
Property, as well as the surface of the Temporary Construction Property, if applicable, (referred
to separately or together as "the surface property"), as nearly as reasonably possible, to the grade
and condition it was in immediately prior to said construction, maintenance, repair, replacement
or removal, except as may be necessary to accommodate the Waterline. The cottonwood trees
currently located on the Northwest portion of WELD COUNTY's property, and located on or
near the Easement Property are included in a mining permit for the property, and shall not be
removed by for any reason. DISTRICT further agrees not to deposit, nor permit anything to be
deposited in the Waterline in violation of any laws, regulations or ordinances, nor which would
damage or negatively affect the Waterline.
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Routine maintenance, if any, shall be coordinated with WELD COUNTY and shall be
scheduled as much as possible outside of the time of year when public use of the Easement
Property is at its peak. Should DISTRICT experience an emergency situation which requires
immediate repair, and which affects the public use of the Easement Property, DISTRICT agrees
to notify WELD COUNTY of the emergency that occurred no later than the following business
day after DISTRICT has begun any such emergency repairs.
DISTRICT shall maintain the Waterline at DISTRICT's cost and expense. DISTRICT
shall not erect any fence, marker, or other structure on the Easement Property; however,
DISTRICT may use markers or fence or enclose the applicable portion of the Easement Property
during periods of active construction or repair. If DISTRICT wishes to maintain permanent
markers to mark the location of the Easement Property, the location of such markers shall be
coordinated with WELD COUNTY.
To the extent that the Waterline is the primary cause of damage to any of WELD
COUNTY's property necessitating repair, DISTRICT shall be solely responsible for the costs to
repair such damage.
6. Retained Rights of WELD COUNTY. WELD COUNTY reserves the right of
ownership, use and occupancy of the Easement Property insofar as said ownership, use and
occupancy does not impair the rights granted to DISTRICT in this Grant. The parties specifically
acknowledge that WELD COUNTY may construct a hiking trail or some other public use project
in the vicinity of the Easement Property, to which DISTRICT does not object, so long as the
public use does not impair the rights granted to DISTRICT in this Grant.
WELD COUNTY shall not diminish the ground cover over the Waterline and shall not
substantially add to the ground cover over the Waterline.
7. Indemnity. To the extent permitted by law, DISTRICT shall indemnify, defend
and hold WELD COUNTY harmless from and against any liability, claims, damage, cost or
expense which may result from DISTRICT's use and enjoyment of the Easement Property, or the
failure of DISTRICT to comply with the terms of this Grant, except to the extent such claims
arise from the negligent acts or omissions of WELD COUNTY, its officers, agents, employees,
licenses or invitees. Notwithstanding any provision to the contrary contained herein, neither
party waives its rights under the Colorado Governmental Immunity Act.
8. Insurance: DISTRICT represents that DISTRICT is an entity to which the
Governmental Immunity Act applies. DISTRICT shall therefore maintain Comprehensive
General Liability Insurance to the extent of the waiver of immunity under the Colorado
Governmental Immunity Act, covering its obligations to WELD COUNTY under this Grant. A
Certificate of Insurance evidencing such coverage shall be provided to WELD COUNTY
annually within 30 days after each anniversary of this Grant. A program of self-insurance may be
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acceptable to WELD COUNTY.
9. Abandonment. DISTRICT may abandon the rights granted to it under this
Grant at any time by giving written notice to WELD COUNTY of its intent to abandon. In the
event that DISTRICT shall abandon the rights granted to it under this Grant, DISTRICT shall be
responsible for removing the Waterline, and all related facilities belonging to and owned by it,
then currently located in the Easement Property, and shall restore the surface property to the same
condition in which it existed prior to removing said Waterline and all related facilities. The
removal of said Waterline and all related facilities and surface property restoration shall be
completed on or before six (6) months after abandonment. Upon DISTRICT's abandonment, and
after allowing the time period for said Waterline removal and surface property restoration,
WELD COUNTY shall hold the Easement Property free from the rights of DISTRICT so
abandoned.
Even though DISTRICT has provided no notification of abandonment, the Public Works
Department for the County of Weld may deem the Waterline to be abandoned if DISTRICT has
failed to use the Waterline for a period of two years or more.
At any time that the Public Works Department for the County of Weld deems the
Waterline to have been abandoned, the Public Works Department shall so notify DISTRICT.
DISTRICT shall have ten(10) days in which to object to the determination that the Waterline has
been abandoned. Failure to object within ten(10) days shall be deemed consent to the said
determination. If the DISTRICT does object to the determination by the Public Works
Department, the Board of County Commissioners shall hold a hearing,pursuant to the Appeals
Process set forth in the Rules of General Administration set forth in the Weld County
Administrative Manual.
If DISTRICT fails or refuses to remove the Waterline and all related facilities from the
Easement Property after said Waterline and all related facilities have been reported by
DISTRICT, or otherwise determined to be abandoned, WELD COUNTY may pursue any
remedies available to it, which may include, but not be limited to, removing the Waterline and all
related facilities and restoring the surface property, and presenting DISTRICT with a bill for
reimbursement for the cost of such removal and surface property restoration, which DISTRICT
agrees to pay within 30 days of receiving said bill.
10. Binding Effect. This Grant shall extend to and be binding upon the successors
and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in
this Grant shall be construed as covenants running with the land.
11. Applicable Law. This Grant of Easement shall be interpreted and enforced
according to the laws of the State of Colorado.
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IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement the
day and year first above written.
WELD COUNTY:
Board of County Commissioners for the
County of Weld St ire:
)�
ATTEST: /VW �J
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hfif 1" ""
By �� i ,ii By: O
Constance L. Harbert, Chair Clerk to the Board trrs.5: e' -'
(12/16/98) - :± w
CENTRAL WELD COUNTY WATER DISTRICT - —
General M nager
Title
State of Colorado )
County of Weld ) ss
199, The foregoing instrument was acknowledged before me this /24 day of /'Ce 4$ Au
, by of the Board of County
Commissioners for the Co ,-' .4', . of Colorado.
WITNESS my h ?ind i I sea>n >,
•
GILLINGHAM
My commission expires: •'9 •••..•• p '. N Pu is
e Op COCOO • - ary 1
State of Colorado ) My Commission Expires March 26,2002
County of u9 E G.b ) ss
The fo egoing instrument was acknowledged before me this in dl day of cv et-,
19 . -by /eJ Z•q&/ , as gage *flap, for Central Weld County
ater Dis rict.
a`.. .
hand and official seal.
p��E$S my
p V *�1CeT?� eo "
Niy�oinmission Expires:47 ffip Lop) Notary P is
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EXHIBIT A
Waterline Easement
Beginning at the North One Quarter Corner of said Section 2 and considering the West line of the Northeast Quarter as bearing South
01°43'13" West and with all bearings contained herein relative thereto; thence along said West line South 01°43'13" West 114738 feet to the
Southwest Corner of Parcel 5 as described in deed, recorded in Book 1480, Page 331, Reception No. 2426786, records of said County; thence
departing said West line and along the South line of said parcel North 65°51'16" East 5.88 feet to the TRUE POINT OF BEGINNING; thence
continuing along said South line North 65°51'16"East 2119 feet;thence departing said South line South 01°31'06"West 1525.88 feet;thence South
87°37'26"West 30.71 feet to a point on the West line of the Southeast Quarter of said Section 2;thence along said West line North 01°42'50"East
20.05 feet; thence departing said West line North 87°37'26" East 10.60 feet thence North 01°31'06" East 1497.58 feet to the TRUE POINT OF
BEGINNING.
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•
9I.�yo
Revised 4/30/96
ACTIVE TAPS
TAP FEE AGREEMENT
THIS AGREEMENT,made and entered into this 16th day of Daramher , 1998
by and between the CENTRAL WELD COUNTY WATER DISTRICT, hereinafter called the District, and
Weld Coun y and
hereinafter called Customer, WITNESSETH:
WHEREAS, District has been organized as a legal body and is known as the Central Weld County
Water District, and
WHEREAS, Customers are taxpaying electors within said District, or desiring to join said District, or
and,
WHEREAS, Customers are desirous of acquiring one water tap of 5/8" inches in diameter
from the said District,
NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually
agreed as follows:
1. Customer agrees to pay the tap fee of$ --0--
Dollars.
2. The description of the premises for which this tap is being purchased is as follows:
SEE ATTACHED LEGAL DESCRIPTION: L!J0i1 !JLU,J1JII II III 1!!L !1iJJ!!1!LL!!11!0hh11VII IIII
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3. This agreement, when approved by the Board of Directors, shall become a legal and binding
contract upon all parties hereto.
4. Customer further agrees to execute any and all easements needed by District at no expense to
District, across Customer's property for the installation of the meter pit and appurtenances constructed by
District. District shall be responsible for restoring surface area back to reasonable condition at District cost.
5. It is further mutually agreed that this agreement shall extend to and be binding upon the heirs,
executors, administrators and assigns of the parties hereto.
6. Customer further agrees to the following special provisions:
A) Customer provides permanent Easement in accordance with the executed Easement Agreement for
water line across customer property. District will provide one (1) Standby 5/8"Tap for Easement.
B) Customer must meet petitioning requirements of NCWCD prior to execution of this Tap Fee
Agreement.
7. Customer further agrees to abide by the rates established and the rules and regulations of the
District.
IN WITNESS WHEREOF, the parties hereto have hereunto and hereunder set their signatures the day
and year first hereinabove written.
CUSTOMER SIGNATIIRF CENTRAL WELD COUNTY WATER DISTRICT
(Property Owner) Weld County
\\N )42?-2-1-- -e-C--,e4ZeZ<_.., BY A 4-2 !;
Constance L. Harbert, Chair
Weld Count Board of Com ' s s '.�' ::4 CCC
(12/16/98 q IL , <
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AT- E T ATTFsST • C tar
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By: ;
Deputy Clerk to t t1 tr g•� ��. � ' ' � ly,)�ve3
The water tap shall be installed at a location to be designated by Weld County, and situated
within the following legal description:
The West Half of the Northeast Quarter, Section 2, Township 2 North, Range 68 West of the 6th
P.M., County of Weld, State of Colorado, and that part of the Southwest Quarter of the Southeast
Quarter of Section 35, Township 3 North, Range 68 West, County of Weld, State of Colorado,
lying South of the center of the main channel of the St. Vrain River, said parcel containing
105.70 acres, more or less,together with one share of the capital stock of the Rural Ditch
Company with attendant water rights.
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