HomeMy WebLinkAbout20222395.tiffRESOLUTION
RE: APPROVE RIGHT-OF-WAY EASEMENTS FOR RAIL SPUR SITE AND AUTHORIZE
CHAIR TO SIGN - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
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 Right -of -Way Easements for the Rail
Spur Site between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and Poudre Valley Rural
Electric Association, Inc., with further terms and conditions being as stated in said easements,
and
WHEREAS, after review, the Board deems it advisable to approve said easements, 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 Right -of -Way Easements for the Rail Spur Site between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Facilities Department, and Poudre Valley Rural Electric Association, Inc.,
be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said easements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELDDCOUNTY, COLORADO
ATTEST: dare/Leo;
Weld County Clerk to the Board
Att'. ney
Date of signature: V3 /22
Scot K. James, Chair
man, Pro-Te
CC : B6fr r/s(,)
9/7/22
2022-2395
BG0024
Confvota Ofkuq5
August 2, 2020
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: Rail Spur - Utility Easement
Weld County purchased properties between Nunn and Carr to support a new Rail Spur site. The seller of
the property did so with the understanding the easement would be approved when the Recorded
Exemptions were ready to be developed. To support the future need of three-phase power for the rail
spur and the adjacent landowner, a 20 -foot utility easement with Poudre Valley Rural Electric
Association will be needed for these operations. Attached is the PVREA easement agreement (Work
Order) to establish this 20 -foot easement to the County rail spur property as shown in Exhibit A.
Facilities is recommending approval of this easement to facilitate future power to the site.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2022-2395
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POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that
X WELD COUNTY, COLORADO
[PRINT FULL NAME(S) (SINGLE, JOINT, PARTNERSHIP, CORPORATION, INCORPORATED ASSOCIATION, OWNER)]
is (are) the owner(s) of record [collectively "Grantor"] and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby
grant unto Poudre Valley Rural Electric Association, Inc., ("Association") a Colorado cooperative association, whose post office address is Fort Collins,
Colorado, and to its successors and assigns, a perpetual right-of-way and easement, upon these particularly described lands of the undersigned/Grantor
["Easement Area"]:
X AN EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER
X AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER #221111
X Reception No. 4572387 County WELD, Parcel 030302400012
X Township 10N, Range 67W, Section 2
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, modifying, operating, repairing, maintaining, and
extending from time to time an overhead and/or underground electric line or system, including without limitation any communications facilities, fiber optic
facilities, broadband and broadband service facilities, wireless transmitters and receivers and phone line carrier equipment and other communication equipment
of any kind of the Association or its assigns, including without limitation above ground poles, towers, fixtures, guy wires, and structures, and above and below
ground conductors, cables, wires, arrestors, footings, conduits, vaults, transformers, pads, and enclosures [collectively "Facilities"], on, over or under the
Easement Area. Grantor, and Grantor's heirs, successors, personal representatives, and assigns, also grants to the Association the following rights and
provisions:
A. Grantor grants the Association and its assigns the right of access for ingress and egress over the lands above -described Easement Area and the
adjoining lands of Grantor, and the right to use the roads or trails, whether public, private, or dedicated, and the right to install, maintain and use
gates and fences presently installed or as may be installed from time to time.
B. Grantor of Easement shall not perform any act that will impair the structural integrity of, interfere with, or endanger the Facilities or grant any other
easement, right-of-way, permit, or license upon, under or over the Easement Area without the prior written consent of the Association, which consent
shall not be unreasonably withheld. The failure to enforce all or any portion of this Easement by the Association shall rot be deemed acquiescence
or waiver by the Association of any of its herby expressed rights.
C. Grantor grants the Association and its assigns the right to remove, cut, mow, trim, or control by chemical means any vegetation located within the
Easement area as well as any dead, weak, leaning, or dangerous trees/limbs adjacent to the Easement Area that the Association considers a hazard to
or otherwise endangers its Facilities.
D. Grantor shall not construct or permit the construction of any temporary or permanent buildings, structures, including without limitation trailers or
mobile homes, signs, or wells on, under, or over the Easement Area or that impair or impede the access of the Association to its Facilities. No other
objects shall be erected, placed, or permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere with, impact or
endanger the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the
prior written approval of the Association, which shall not be unreasonably withheld, build, create, construct, nor allow to be built, created, or
constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary,
nor allow the impoundment of water on, or modify the ground elevation of the Easement Area. Any of the improvements or structures described in
this Easement may be hereinafter called "Improvements." No failure by the Association to remove or otherwise object to such Improvements shall
be deemed to constitute consent on the part of the Association to such Improvements. In addition, no such failure by the Association to remove or
otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice
or compensation to Grantor.
E. Grantor agrees that all facilities installed by or for the Association shall remain the property of the Association, relocatable and removable at the
option of the Association.
F. Grantor grants the Association and its assigns the right to use the easement for communication purposes for the Association and for other users
including fiber optic facilities, broadband and broadband service facilities, wireless transmitters and receivers and phone line carrier equipment and
other communications equipment of any kind.
G. No amendment, modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an
authorized representative of the Association (or its successor or assign, if applicable).
H. Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims, and that said
lands are free and clear of encumbrances and liens of whatsoever character except the following:
X MORTGAGE COMPANY NAME:
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Grantor shall contact the Utility Notification Center of Colorado (1-800-922-1987), or any similar one -call utility line locator system which may replace or
supplement it, at least four business days (or such longer time if requir-, by applicable law) prior to the commencement of construction or excavation on the
Easement Area to arrange for field locating of Facilities.
X IN WITNESS WHEREOF the undersigned has set his han
X [Owner]
X STATE OF COLORADO
X COUNTY OF WELD
d seal t . is 17 day of
August,20 22
(Signature)
X [Owner]
(Signature)
X The foregoing instrument was acknowledged before me this 17 day of August , 20 22
Xby Scott K. James, BOCC Chair
(PRINT - OWNER OF RECORD NAME(S)/AUTH. AGENT I
Witne . my and and official seal.
1SIGNATUR j NITAR PUBLIC
awalla
CH NYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2014404 8044
MY COMMISSION EXPIRES DEC. 19, 2022
WAG:, Attlabellallr
My Commission Expires: 12/19/2O22
Poudre Valley Rural Electric Association, Inc. P.O Box 272550, Fort Collins, (.'O 80527
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POt DRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that
X WELD COUNTY, COLORADO
[PRINT FULL NAME(S) (SINGLE, JOINT, PARTNERSHIP, CORPORATION, INCORPORATED ASSOCIATION, OWNER)]
is (are) the owner(s) of record [collectively "Grantor"] and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby
grant unto Poudre Valley Rural Electric Association, Inc., ("Association") a Colorado cooperative association, whose post office address is Fort Collins,
Colorado, and to its successors and assigns, a perpetual right-of-way and easement, upon these particularly described lands of the undersigned/Grantor
["Easement Area"]:
X AN EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER
X AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER #221111
X Reception No. 4572387 and 4597997 County WELD, Parcel 030311100013
X Township ION, Range 67W, Section 11
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, modifying, operating, repairing, maintaining, and
extending from time to time an overhead and/or underground electric line or system, including without limitation any communications facilities, fiber optic
facilities, broadband and broadband service facilities, wireless transmitters and receivers and phone line carrier equipment and other communication equipment
of any kind of the Association or its assigns, including without limitation above ground poles, towers, fixtures, guy wires, and structures, and above and below
ground conductors, cables, wires, arrestors, footings, conduits, vaults, transformers, pads, and enclosures [collectively "Facilities"], on, over or under the
Easement Area. Grantor, and Grantor's heirs, successors, personal representatives, and assigns, also grants to the Association the following rights and
provisions:
A. Grantor grants the Association and its assigns the right of access for ingress and egress over the lands above -described Easement Area and the
adjoining lands of Grantor, and the right to use the roads or trails, whether public, private, or dedicated, and the right to install, maintain and use
gates and fences presently installed or as may be installed from time to time.
B. Grantor of Easement shall not perform any act that will impair the structural integrity of, interfere with, or endanger the Facilities or grant any other
easement, right-of-way, permit, or license upon, under or over the Easement Area without the prior written consent of the Association, which consent
shall not be unreasonably withheld. The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence
or waiver by the Association of any of its herby expressed rights.
C. Grantor grants the Association and its assigns the right to remove, cut, mow, trim, or control by chemical means any vegetation located within the
Easement area as well as any dead, weak, leaning, or dangerous trees/limbs adjacent to the Easement Area that the Association considers a hazard to
or otherwise endangers its Facilities.
D. Grantor shall not construct or permit the construction of any temporary or permanent buildings, structures, including without limitation trailers or
mobile homes, signs, or wells on, under, or over the Easement Area or that impair or impede the access of the Association to its Facilities. No other
objects shall be erected, placed, or permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere with, impact or
endanger the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the
prior written approval of the Association, which shall not be unreasonably withheld, build, create, construct, nor allow to be built, created, or
constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary,
nor allow the impoundment of water on, or modify the ground elevation of the Easement Area. Any of the improvements or structures described in
this Easement may be hereinafter called "Improvements." No failure by the Association to remove or otherwise object to such Improvements shall
be deemed to constitute consent on the part of the Association to such Improvements. In addition, no such failure by the Association to remove or
otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice
or compensation to Grantor.
E. Grantor agrees that all facilities installed by or for the Association shall remain the property of the Association, relocatable and removable at the
option of the Association.
F. Grantor grants the Association and its assigns the right to use the easement for communication purposes for the Association and for other users
including fiber optic facilities, broadband and broadband service facilities, wireless transmitters and receivers and phone line carrier equipment and
other communications equipment of any kind.
G. No amendment, modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an
authorized representative of the Association (or its successor or assign, if applicable).
H. Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims, and that said
lands are free and clear of encumbrances and liens of whatsoever character except the following:
X MORTGAGE COMPANY NAME:
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Grantor shall contact the Utility Notification Center of Colorado (1-800-922-1987), or any similar one -call utility line locator system which may replace or
supplement it, at least four business days (or such longer time if required •y applicable law) prior to the commencement of construction or excavation on the
Easement Area to arrange for field locating of Facilities.
X IN WITNESS WHEREOF the undersigned has set his hand a �� eal this day of August, 20 22 .
X [Owner]
X STATE OF COLORADO )
Ss.
X COUNTY OF WELD )
(Signature)
X [Owner]
(Signature)
X The foregoing instrument was acknowledged before me this 17 day of
Xby Scott K. James, BOCC Chair
)PRINT - OWNER OF RECORD NAME(S)/AUTH. AGENT)
Witneic mv/hand and official se
ISIGNATU 3 W OTA; Y PUBLICI
August , 20 22
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE E OF COLORADO
NOTARY ID 2014404 8044
MY COMMISSION EXPIRES DEC. 19, 2022
My Commission Expires:
SEAL
12/19/2022
Poudre Valley Rural Electric Association, Inc. P.O Box 272550, Fort Collins, CO 80527
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New Contract Request
Entity Information
Entity Name*
POUDRE VALLEY REA
Entity ID*
@00003200
Contract Name.
RAIL SPUR UTILITY EASEMENT AGREEMENTS
Contract Status
CTB REVIEW
Contract Description.
UTILITY EASEMENTS
Contract Description 2
Contract Type.
AGREEMENT
Amount.
S0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
❑ New Entity?
Contract ID
6185
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesaman^co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND GROUNDS Date* 08/11/2022
08/15;//2022
Department Email
CM -
Bu i ld i ngGrau nd s@veldgov. c
om
Department Head Email
CM-BuildingGrounds-
DeptHead@weIdgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EYOWELDG
OV.COM
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is partof a NSA enter LISA Contract ID
Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
Octane
Contract Dates
Effective Date
Review Date.
10/31/2022
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date*
12,30'2022
Contact Name
Contact Type
Contact Email
Purchasing
Purchasing Approver
Approval Process
Department Head
TORY TAYLOR
DH Approved Date
08109,2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08; 17,2022
Originator
SGEESAMAN
Finance Approver
CHERYL PATTELLI
Contact Phone I
Purchasing Approved Date
Finance Approved Date
08,`09/2022
Tyler Ref #
AG 081722
Legal Counsel
BRUCE BARKER
Contact Phone 2
Legal Counsel Approved Date
08:'12/2022
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