HomeMy WebLinkAbout20211536.tiffRESOLUTION
RE: APPROVE COMMON USE AND FACILITY RELOCATION AGREEMENT FOR
O STREET SPUR PROJECT AND AUTHORIZE CHAIR TO SIGN - COLORADO
DEPARTMENT OF TRANSPORTATION AND NORTH 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 a Common Use and Facility Relocation
Agreement for the O Street Spur Project among 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, the Colorado Department of Transportation, and the North Weld County Water
District, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Common Use and Facility Relocation Agreement for the O Street
Spur Project among 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, the Colorado
Department of Transportation, and the North 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: WSJ ..dus;ok,
Weld County Clerk to the Board
ounty Attorney
Date of signature: 067? -2-
rn
Steve Moreno, Chair
cc:pw(ER/cH)
07/19/21
2021-1536
EG0079
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MEMO • NDUM
TO: Board of County Commissioners
DATE: June 11, 2021
FROM: Elizabeth Relford, Deputy PW Director
SUBJECT: O Street Spur — CUA — North Weld
County Water District (NWCWD)
In accordance with the email dated June 8, 2021, Public Works requests the
Commissioners enter into a Common Use and Facility Relocation Agreement with North
Weld County Water District for the O Street Spur project.
The agreement identifies CDOT as the party responsible for the cost of design, right-of-
way acquisition, utility relocation and construction of the O Street Spur. When the project
is complete, CDOT will convey the right-of-way and improvements to Weld County for
ownership and maintenance. Please see the attached vicinity map of the spur
improvements. The project will begin in July and is anticipated to be completed by
September 2021.
The utility companies affected by the project include, but are not limited to, DCP Operating
Company, LLP, North Weld County Water District, and Public Service Company (XCEL).
Each of these companies requires their own agreement, so this Common Use Agreement
(CUA) is specific to NWCWD.
Staff recommends authorization of the Chair's signature on the agreement. I am available
at your convenience to answer any questions you may have.
2021-1536
Oth
EC90019
O Street Spur Project Improvements
June 4, 2021
From: Lori Saine
To: Elizabeth Relford
Cc: Commissioners; Bruce Barker; Don Dunker; Don Warden; Ryan Rose; Esther Gesick. Karla Ford; Bob Choat@
Subject: Re: 0 Street Spur Common Use Agreement Pickle
Date: Tuesday, June 8, 2021 10:58:54 AM
Sitting here with Perry, Mike and Steve. We are all in agreement to put on Agenda for
Monday.
Sent from my iPhone
On Jun 8, 2021, at 10:48 AM, Elizabeth Relford <erelford@weldgov.com> wrote:
Commissioners,
We are in a bind and I am requesting forgiveness on following the pass around process
so we can get CDOT going on the 0 Street Spur project. CDOT is requiring a common
use agreement for the 0 Street Spur construction project and this agreement seems to
be what is holding up Castle Rock Construction from starting on the project. Is there
anyway we could try to get it on Monday's BOCC agenda for approval? Bob Choate had
previously reviewed and approved this version and now DCP has signed it. If you are ok
with moving forward, I will load it into OnBase for CTB. Please advise.
Thanks,
Elizabeth Belford
Deputy Director
Weld County Public Works
1111 H Street
PO Box 758
Greeley. CO 80632-0758
Email: erelfordCaco.weld.co.us
Office: (970) 400- 3748
Cell: (970) 673-5836
Web: http://www.co.weld.co.us
I®�
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<23186 CUA DCP signed.pdf5
<23186 CUA NW signed.pdf>
COMMON USE AND FACILITY RELOCATION AGREEMENT -
O STREET SPUR PROJECT
This Common Use and Facility Relocation Agreement ("Agreement"), made and entered
into this J Hay of • , 2021, by and between the STATE OF COLORADO, for the use
and benefit of the COLLORALYO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"),
and the COUNTY OF WELD, on behalf of the Weld County Department of Public Works ("Weld
County"), and NORTH WELD COUNTY WATER DISTRICT ("Company").
RECITALS:
WHEREAS, to promote the safety of the citizens of Weld County and other members of
the traveling public, CDOT and Weld County are cooperating to undertake the construction of a
public improvement project, known as the O Street Spur (hereinafter the "Project"), generally
located in the Northeast Vs of Section 33, Township 6 North, Range 65 West, and
WHEREAS, Company owns or possesses an easement or right-of-way ("Company's
Easement"), which is described in that certain document recorded on January 26, 2012 in the
records of the Weld County Clerk and Recorder at reception number 3820805, and
WHEREAS, because construction of the Project may affect Company's Easement, the
parties desire to enter into this Agreement in order to allow for construction of the Project and plan
for the future.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. COMMON USE AREA
1. Project Encroachment in Company's Easement: The parties recognize that the
design and construction of the Project will necessarily encroach onto that portion of the Project
area which is included within the Company's Easement. Company hereby consents to such
encroachment in accordance with the terms of this Agreement. The area of encroachment is
defined as that portion of Company's Easement that is also occupied by the public road right-of-
way ("Road ROW"), and is hereafter referred to as the "Common Use Area." The parties intend
that the Project and Company's Easement will occupy the Common Use Area unless and until
Company abandons Company's Easement or relocates its facilities ("Company's Facilities") from
Company's Easement in accordance with section II below.
2. Right -of -Way. CDOT agrees that it has or will acquire all Road ROW from the
underlying fee property owners that CDOT determines is necessary for the Project, regardless of
whether such Road ROW is located within the Common Use Area. CDOT shall acquire such
property interests in whatever form it deems appropriate.
3. Company Use of Common Use Area. If at any time the Company desires to enter
upon the Common Use Area to construct, operate, repair, and/or maintain the Company's
Facilities, the Company shall give advance notice to and obtain prior approval from the CDOT's
Regional Transportation Director or authorized representative, and shall comply with all terms and
1
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conditions of a permit issued by CDOT covering such approved activity. If such Road ROW has
been conveyed to Weld County in accordance with section III.I below, Company shall apply for
and receive a right-of-way use permit ("County ROW Permit") in accordance with Weld
County Code Chapter 8, Article XIII. Weld County has a no -cut policy for concrete roadways.
If, due to an emergency, the Company is unable to comply with the aforementioned notice
and approval requirements, the Company shall notify CDOT or Weld County, as may be relevant,
as soon as possible after discovering the emergency situation, and thereafter shall comply with any
instructions which may be issued by the CDOT or Weld County in response to the emergency. In
all cases, the Company shall make adequate provision for the protection and safety of the traveling
public.
II. RELOCATION AND ABANDONMENT OF COMPANY'S EASEMENT
1. Relocation of Company's Facilities. If CDOT determines that the Company's
Easement and/or Company's Facilities conflict with the Project, Company agrees to relocate,
reconstruct, remove, or abandon -in -place Company's Facilities ("the Work"), as determined by
CDOT, and to abandon Company's Easement from the Common Use Area. Upon Company's
receipt of notice from CDOT that such Work is necessary, Company shall cooperate with CDOT
in the performance of the Work in a manner consistent with the interests of both parties, and at a
time convenient to and in coordination with the Project construction.
2. Just Compensation. In such circumstance CDOT shall pay just compensation to
Company for the abandoned easement, which shall be subject to negotiation between
Company and CDOT by separate agreement. Such relocation Work shall be performed by or
under the direction of either the CDOT or the Company, as agreed upon in writing in advance by
those two parties. In any case, CDOT shall be responsible for all eligible relocation Work c --'s
as determined in accordance with applicable state and/or federal laws and regulations.
3. Abandonment of Company's Easement from Common Use Area. If as a result
of the Work described above, the Company must terminate use and occupancy of all or part of the
Common Use Area, the Company shall execute a quit claim ceding to CDOT all tights of the
Company to such property, or execute and record an appropriate document abandoning all interest
in Company's Easement within the Common Use Area, as determined by CDOT.
4. Timing of Relocation of Company's Facilities. If Company receives notice that
Company's Facilities must be relocated, reconstructed, removed, or abandoned -in -place from
CDOT, Company shall endeavor to do so within such time as may be negotiated by separate
agreement between those two parties.
III. FUTURE USE OF COMMON USE AREA
i. CDOT Conveyance to Weld County. CDOT is primarily responsible for design
and construction of the Project. At the conclusion of said construction, CDOT intends to convey
the Project area to Weld County. All parties to this Agreement expressly agree that CDOT shall
be authorized to convey any of its property interests in the Project area to Weld County by separate
document, and without further approval by Company. Weld County may consent to the assignment
of such property interests by CDOT, which shall include the provisions of this Agreement, and in
such case CDOT shall be released from further obligation under this Agreement. Company retains
2
its rights to Company's Easement and Company's Facilities, subject to the terms of this Agreement
and any other Agreement between Company and CDOT.
2. Future Road Projects. After CDOT conveys the Project area to Weld County, and
Weld County accepts such assignment, Weld County shall exercise exclusive control over the
Project area, subject to the terms of this Agreement and the then -current terms of Company's
Easement. Should Weld County determine that an additional road project is necessary (e.g.
roadway expansion) that then requires the relocation, reconstruction, removal, or abandonment -
in -place of Company's Facilities, Weld County shall provide notice and negotiate such work by
separate agreement with Company.
IV. MISCELLANEOUS
I. Board o>f'County Commissioners of Weld County Approval. This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County or its designee.
2. Agreement Binding. This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall be
binding upon said parties their officers, employees, agents, and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties.
3. No Third -Party Beneficiary. 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.
4. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the successors and assigns of all parties. In the event that any municipality annexes
any portion of the roadway that comprises the Common Use Area, Weld County shall
automatically be released of obligation under this Agreement, and said annexing municipality shall
be obligated to the terms of this Agreement in its place as to that portion of the Common Use Area
which has been annexed.
5. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
6. Attorney Fees/Legal Costs. In the event of a dispute between the parties
concerning this Agreement, the parties agree that no party shall be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of any other party.
3
7. Governmental Immunity. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed
an original, on the date first written above.
COMPANY:
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
•
Weld Co ty Clerk to the Bo
BY
Deputy Clerk t
By: , {-?. l.6, (rc s . J.1
Name(,
Title:
eve Moreno, Chair
JUN 1 4 2021
STATE OF COLORADO
DEPARTMENT SPORTATION
Region 4 Right of Way Manager
4
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11aae005 f 7 R 4 00 812 0 0.00 Steve Moreno Cleik & Retorter
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT is made and entered into as of the 34' day of 9 cis 4. y
by and between Wake LLLP, whose address is 8035 —Street, No. 220, Greeley. CO
80631, hereinafter referred to as 'the Grantor and NORTH WELD COUNTY WATER DISTRICT, a
Political Subdivision of the State of Colorado, the address of which is 32825 Weld CR 39, Lucerne,
CO 80646, hereinafter referred to as 'the District'.
WITNESSETH
For and in consideration of the mutual promises and covenants herein contained and the
sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy
of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by
these presents does grant and convey unto the District. its successors and assigns, a permanent
perpetual right-of-way and easement for the installation, construction, maintenance. inspection.
operation, replacement or removal of one or more water lines and all underground and surface
appurtenances thereto, including metering stations and other fixtures, in, over, across and upon the
following described property:
See Exhibit A - EASEMENT PROPERTY DESCRIPTION, attached and incorporated herein by
this reference as Exhibit "A'.
The parties hereto acknowledge that said easements and rights -of -way (hereinafter referred
to as 'the Easement") is located on a parcel of property owned by the Grantor legally described as
follows and hereinafter referred to as 'the Grantor's Property": Lot A of Recorded Exemption No.
0803 -32 -1 -RE -3216 (RE -3216). recorded January 7.2002 at Reception No. 2914851 of the Records
of Weld County, located in the North Half (N %), of Section Thirty-two (32), Township Six North
(T.6N.), Range Sixty-five West (R.65W.), Sixth Principal Meridian (6" P.M.). County of Weld, State
of Colorado.
AGREEMENT
I. In addition to the foregoing grant of easement and right-of-way by the Grantor to the District.
the Grantor further grants and conveys to the District the following rights and privileges.
A. The right to grade the Easement for the full width thereof in such a manner as the
District may reasonably determine to be necessary or advisable.
B. The right to support pipelines located within the Easement across ravines and water
courses with such structures as the District shall reasonably determine to be necessary or
advisable.
C. The right of ingress and egress to and from the Easement by means of existing roads
(whether public or private) located on the Grantor's property. if any, or In the absence of such roads,
by such other routes as the District shall determine to be reasonably necessary taking into
consideration the minimization of damage to the Grantor's Property. Notwithstanding the foregoing,
In the event the Grantor's Property is subdivided and in the event roads are dedicated on the plat of
such property, which roads provide adequate access to the Easement, then the District's right of
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ingress and egress over the Grantor's Property to the Easement shall be limited to such dedicated
roads.
D. The right to grade, construct maintain and use any private roads upon the Grantor's
Property in such a manner as the District may deem necessary or advisable in the exercise of its
right of ingress and egress to and from the Easement.
E. To install, maintain and use gates or other livestock barriers on all fences which now
cross or hereinafter cross the Easement.
F. To mark the location of the Easement with markers set in the ground provided that
any such markers remaining after the period of construction of the water line and appurtenances
shall be placed in locations which will minimize interference with any reasonable use of the
Easement area by the Grantor.
G. AU otter rights necessary and incident to the full and complete use and enjoyment of
the Easement of the purposes herein granted.
II. The Grantor hereby covenants and agrees to and with the District, its successors and
assigns, that:
A. Except as otherwise provided in this subparagraph A, the Grantor, its heirs, personal
representatives, administrators, successors and assigns, shall not erect or place any permanent
building, structure, improvement, tree or other landscaping on the Easement. In the event of the
placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the
District shall have the right to require the Grantor to remove such obstacles from the Easement and,
in the event the Grantor fails to do so upon request, the District may remove such obstacles without
any liability for repay or replacement thereof. Notwithstanding the foregoing, the Grantor. its heirs,
personal representatives, administrators, successors and assigns shall have the right, without the
consent of the District, to plant grasses and other ground cover and small shrubs upon the
Easement area which are usual and customary for the full use and enjoyment of the Grantor's
Property. However, the District shall not be responsible for repair or replacement of any 'exotic'
plantings, ornamental trees or similar landscaping other than usual and customary ground covering
and shrubs.
B. Grantor shall have the right to erect or place fencing upon the easement so long as
such fencing does not cause damage to the pipeline. The District shall have the right to remove
said fencing and the duty to reinstall said fencing if such fencing is removed for any use or
operations within the Easement.
C. Grantor shall have the right to asphaftlpave upon the easement with the District's
approval of grading plans and construction of such asphalt surface. The District shall have the right
to remove said asphalt and the duty to patch said asphalt If such asphalt is removed for any use or
operations within the Easement.
D. The Grantor does covenant and agree to and with the District that the Grantor is
lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and
lawful nght to convey the Easement to the District and that the Grantor warrants the title thereto.
Grantor has also attached the notarized signatures of any other individual or entitythat claims or has
any type of legal or equitable interest in the subject property.
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3820806 01/2612012 04.s5P Weld County. CO
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III. The District does hereby covenant and agree to and with the Grantor as follows:
A. The District shall not fence or otherwise enclose the Easement, except during periods
of construction and repair.
B. All tenches and excavations made in the laying or repairing of the waterline shall be
properly backfilled and as much of the original surface soils as reasonably possible shall be placed
on top. All large gravel, stones and clods will be removed from the finished backlit. The District will
finish the backfill after normal settling of the soil so that the use and enjoyment of the Easement by
the Grantor shall be suitable for the purpose now used. The District will thereafter be responsible for
maintenance of the waterline(s).
C. In the event the Grantor's Property is being used for grazing purposes, the District
agrees that during the period of construction of the water fine, or any subsequent alteration, removal
or replacement of said water line, the District will leave or arrange for reasonable crossing over the
Easement for cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it
becomes necessary for the District, its agents or contractors to cut a fence on the Grantor's
Property, the District, shall, at its option, either keep the gate dosed or guarded in such a manner so
as to prevent the entrance and exit of cattle or livestock through such opening, or construct in any
one or more places substantial gates with dual locks and to furnish the Grantor with one set of keys
thereto. Before any such fence Is cut by the District, the fence shall be braced In order to prevent
slackening of wires along the fence in each direction from the District's temporary opening.
D. In the event the Grantor's Property is being used for production of any crops which
require irrigation at the time the pipeline is constructed as set forth in this Agreement the District
agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices
across the Easement at all times during such construction operations. The District further agrees,
unless otherwise provided, not to block dams or obstruct in any manner any irrigation canal,
drainage ditches or creeks located on the Grantor's Property and further agrees to replace or repair
any levees or banks disturbed or damaged by the activities of the District on the Grantor's Property.
E. The District shall pay the fair market value for any crops, fences or frvestoc k of the
Grantor, its tenants end lessees, which are damaged or destroyed as a result of the construction,
operation and maintenance of the water line.
F. To the extent allowed by law, the District shall be liable for loss or damage which
shall be caused by any wrongful exercise of the rights of ingress or egress to or from the Easement
or by wrongful or negligent acts or omission of its agents or employees during the course of their
employment on the Grantor's property.
IV. District and Grantor further agree as follows:
A. In addition to the Easement as described hereinabove, Grantor grants to District a
temporary construction easement including the right of ingress and egress on, over and across
Grantor' s Property, together with the full right and authority of District, its contractors, agents and
employees to enter upon the premises with machinery, trucks, materials, tools and other equipment
which may be used or required in the construction of any pipeline(s) to be located on the premises.
B. This grant of temporary easement and access shall bean addtlonal thirty feet (30') In
width on each side of the above described Easement but this temporary easement shall terminate,
unless otherwise agreed in writing, six months after installation of any pipeline(s) across Grantor's
Property. Such termination shall have no affect on District's Easement.
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C. For any future acquisition of a tap or taps, Grantor shall be responsible for
complying with District policies, requirements, resolutions, regulations and procedures in effect,
including the Supplemental Tap Fee.
D. District shall pay Grantor reasonable costs and expenses for any damages to any
improvements ondie property caused by its use of the rights granted herein.
E. For any future acquisition of a tap or taps, Grantor shall be responsible for
complying with District policies, requirements, resolutions, regulations and procedures in effect,
including the Supplemental Tap Fee.
F. Except to the extent that such rights may be inconsistent with or interfere with the
rights and privileges herein granted to the District, the Grantor shah retain the right to use and
enjoy the Easement.
G. The benefit and burdens of this Agreement shall inure to and be binding upon the
respective heirs, personal representatives, successors or assigns of the parties hereto; and shall
constitute covenants running with the title to the lands described hereinabove.
H. WYenever used herein, the singular shall include the plural and the plural the
singular and the use of any gender shall apply to all genders.
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1 NI 111111 �11I mm Iblu(IIIIHUI III11111Iii IIII
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
GRANTOR:
Wake- cc.c.P
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: 'A Zi By:
Secretary Presid
STATE OF COLORADO )
)ss.
COUNTY OF v/44 )
The foregoing Instrument was acknowledged before me this 114~day of
SA..veA.v 20/t . by A QAIMC .Topw,rlN
Grantor.
Witness my hand and official seal.
My commission expires: ro - to- sons
STATE OF COLORADO
) ss.
COUNTY OF WELD
Notary Public"
The foregoing instrument was acknowledged before me this a.3 --:t day of
ryo-.••.�wA , 1.i,- , by Ca.artes 6,.1-..‘.., c.- as
President and Na1s Nets..., as Secretary of North Weld County
Water District.
Witness my hand and official seal.
My commission expires: vato'l1 -t
O -+cam -n may:•.
Notary Public
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Exhibit A
PROPERTY DESCRIPTIOP(
Permanent Waterline taxmen'
A potion of Lot A. Recorded Exemption No. 0803-32-I • RE -3216 (RE -3216). recorded January 07.3002 at Receptum
No. 2914831 of the Records of Weld County. located in the North Half (N1/2) of Section Thirtyawo (32). Township
Six North (T.6N.). Range Sixty-five West (5.65W3. Sixth Principal Meridian (6th P.M.). County of Weld. State of
Colorado. more particularly described as follows:
COMMENCING at the Northeast comer of Lot A of RE -3216 and assuming the East tine of said tut A as hearing
South 0(1) 5'14' Fast, being a grid distance of 2381.16 feet with a0 hearings contained herein relative thereto.
THENCE South 00°I5`14" East along the East line of Lot A. RE -3216 a distance of 10.07 feet toe line parallel with
and 30.00 feet Southerly of as measured at a right angle to the North tine of the Northeast Deena (NEI/4) of Section
32 and to the POINT OF BEGINNING:
TITENCE South 010°tT14' East along the East line of said Lot A. a distance of 30.30 feet to a tine parallel with and
80.00 feet Southerly of as measured at a right angle to the North HIM of the NEI/4 of Section 32 and to a point
hereinafter referred toes Point 'A";
THENCE North 83°57'02" West along said parallel One a distance of 27.59 feet:
THENCE North 38°57'02" West a distance of 28.28 feet to a line parallel with and 60.110 feet Southerly of. as
measured at a right angle to the North line of the NEl/4 of Section 32;
TItENCE North 83°57'02" West along said parallel One a distance 61 257.62 fat to die West linear tot A. 564.216;
THENCE North 00.15'14- West Bong the West line of said Lot A. a distance of 30.18 feet to a line parallel with and
30.00 feet Southerly of, as measured at a right angle to the North line of the NF..114 of Section 32:
TI IENCE South 83°57'02" Fast along said parallel tire a distance of 303.00 feet to the POINT OF BEGINNING
Said described parcel of lend contains a mud of 9.820 sq. ft or 0.225 acre.. more or less and is subject to any existing
easements and rights of way of recant or as now existing on said described parcel of land.
Together with a Temporary Cone ruction Easement teeing more particularly described as follows:
BEGINNING at the herein described Foist "A":
THENCE South (10°15' 14' East along the East line of Lot A. RE -3216 a distance of 10.06 feet to a line parallel with
and 90.00 feet Southerly ores measured at a right angle to the North line of the NEI/4 of Section 32:
THENCE North 83°57'02" West along said parallel line a distance of 303.00 feet. to the West line of Lot A. RE -3216:
(HENCE North 00'15' l4" West along the West linter said Lot A. a distance of 30.18 feet to a tine parallel with and
60.00 feet Southerly of as miasmal at a right angle to the North lute of the NEI/4 of Section 32:
THENCE South 83°5T02" Fast along said parallel line a distance of 257.62 feet.
TI IENCE South 38°57.0r East a distance of 28.28 Beet to a line parallel with and 80.00 feet Southerly ores measured
at a right angle to the North line of the NEIN It of Section 32:
THENCE. Sooth 83"57'02" East along said parallel late a distance of 27.59 feet to the POINT OF BEGINNING.
Said described parcel of Sand coolants a total of 8.360 sq, ft. or 0.192 acres. more or less and is subject to any existing
easements and rights of uay of record or as now existing on said described pima of land.
SURVEYOR'S CERTIFICATE
I. Paul B. Groves. a Colorado Registered Professional Land Surveyor do hereby state that this Properly Deseription was
prepared under my person , and checking. and that it is true and correct to the best of my knowledge and
belief
Paul A. Groves -en be
Colorado Registered Prot'
Land Surveyor a3R20e
KING SURVEYORS. INC.
650 Garden Drive
Windsor. Colorado 80550
(970)686-5011
Y 1201 152NN4CRtPTt iNSI?0t I .12417.511_01 A« Pogo t elf.
UTILITY EASEMENT
EXHIBIT - A
LOT A, RE -3216
SECTION 32, T.6N. R.65W.
MINN
MIMI a
vM
es� -Emai
mg
-
gic
am 8.
�e
i Es
U e�
UMW
� n
NORTHEAST CORNER OF
LOT A, RE -3216
PCtNT OF COMMENCE►ENT
30' RIGHT
OF WAY
18
L5
(2 OF 2)
NT OF BEGINNWIO
POINT 'A'
BASIS OF BEARINGS 50015'14*E 2381.16'
HATCHED AREA IS
AREA OF CONFUCT1NG
OWNERSHIP
PERMANENT EASEMENT
9.820s4 JI 10.225 acres
J 1
! I
! 1
I I'
J I • LOTA
i m I X RE -3216
it; ); REC. NO. 2914851
- ( c RECORDED 01/07/2002
!0 !P
p, 12
If j z
t I
I
I I
I
J I
I I
! I
! I
1 I
Li
NOTE: This exhibit drawing Is not intended to be o
monumented land survey. It's sole purpose is as o
graphic representation to old M the vleuanzatlon of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
CONSTRUCTION EASEMENT
8.360 sq ff / 0192 acre;
LOTB
RE -3216
Paul B. Groves — On Behalf Of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor 138209
LINE TABLE
UNE
BEARING
LENGTH
LI
S00'15'14'E
10.07'
12
80015'14.E
50.30'
L3
N83'57'02 -W
27.59'
1.4
N38'57'02'W
28.28'
1.5
N0015'14'W
30.18'
1.6
S0015'14't
10.08'
17
N0015'14'W
30.18'
L.8
N001514-9/
10.07'
50' 25'
50'
Ii
50
KING SURVEYORS, INC.
650 F Carden Drive I Wndsor, Colorado 80550
phone (970) 686-5011 I fax: (970) 686-5821
www.lungsurvcyors.com
PROJECT NO:2011524
DATE: 11/07/11
CUNT: N.W.C.W.O.
DWG:2011524EXH_O1
DRAWN: PG CHECKED: PG
From: Lori Saine
To: Elizabeth Belford
Cc: Commissioners; Bruce Barker; Don Dunker; Don Warden; Ryan Rose.; Esther Gesick; Karla Ford; Bob Choate
Subject: Re: 0 Street Spur Common Use Agreement Pickle
Date: Tuesday, June 8, 2021 10:58:54 AM
Sitting here with Perry, Mike and Steve. We are all in agreement to put on Agenda for
Monday.
Sent from my iPhone
On Jun 8, 2021, at 10:48 AM, Elizabeth Relford <erelford@weldgov.com> wrote:
Commissioners,
We are in a bind and I am requesting forgiveness on following the pass around process
so we can get CDOT going on the 0 Street Spur project. CDOT is requiring a common
use agreement for the 0 Street Spur construction project and this agreement seems to
be what is holding up Castle Rock Construction from starting on the project. Is there
anyway we could try to get it on Monday's BOCC agenda for approval? Bob Choate had
previously reviewed and approved this version and now DCP has signed it. If you are ok
with moving forward, I will load it into OnBase for CTB. Please advise.
Thanks,
Elizabeth Relford
Deputy Director
Weld County Public Works
1111 1-1 Street
PO Box 758
Greeley. CO 80632-0758
Email: erelford(Oco,weld.co.us
Office: [970) 400- 3748
Cell: [970) 673-5836
Web: http://www.co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or
other writings are intended only for the person or entity to which it is addressed and
may contain information that is privileged, confidential or otherwise protected from
disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication
or any attachments by anyone other than the named recipient is strictly prohibited.
<23186 CUA DCP signed.pdf>
<23186 CUA NW signed.pdf>
From: Don Dunker
To: Hall - CDOT, Chad; Steelman - CDOT. Dustin
Cc: Elizabeth Relford; Don Dunker; Bob Choate
Subject: Common Use Agreements
Date: Thursday, May 20, 2021 3:58:04 PM
Chad and Dustin,
Bob Choate Assistant County Attorney is fine with the CUA dated 05/03/21 by Dustin. Please move
forward with this agreement. Let me know if you have questions.
Thanks,
Don Dunker, P.E.
Weld County, County Engneer
COMMON USE AND FACILITY RELOCATION AGREEMENT -
O STREET SPUR PROJECT
This Common Use and Facility Relocation Agreement ("Agreement"), made and entered
into this h #'day of , 2021, by and between the STATE OF COLORADO, for the use
and benefit of the COL X AIYO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"),
and the COUNTY OF WELD, on behalf of the Weld County Department of Public Works ("Weld
County"), and NORTH WELD COUNTY WATER DISTRICT ("Company").
RECITALS:
WHEREAS, to promote the safety of the citizens of Weld County and other members of
the traveling public, CDOT and Weld County are cooperating to undertake the construction of a
public improvement project, known as the O Street Spur (hereinafter the "Project"), generally
located in the Northeast 'A of Section 33, Township 6 North, Range 65 West, and
WHEREAS, Company owns or possesses an easement or right-of-way ("Company's
Easement"), which is described in that certain document recorded on January 26, 2012 in the
records of the Weld Comity Clerk and Recorder at reception number 3820805, and
WHEREAS, because construction of the Project may affect Company's Easement, the
parties desire to enter into this Agreement in order to allow for construction of the Project and plan
for the future.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. COMMON USE AREA
1. Project Encroachment in Company's Easement: The parties recognize that the
design and construction of the Project will necessarily encroach onto that portion of the Project
area which is included within the Company's Easement. Company hereby consents to such
encroachment in accordance with the terms of this Agreement. The area of encroachment is
defined as that portion of Company's Easement that is also occupied by the public road right-of-
way ("Road ROW"), and is hereafter referred to as the "Common Use Area." The parties intend
that the Project and Company's Easement will occupy the Common Use Area unless and until
Company abandons Company's Easement or relocates its facilities ("Company's Facilities") from
Company's Easement in accordance with section II below.
2. Right -of -Way. CDOT agrees that it has or will acquire all Road ROW from the
underlying fee property owners that CDOT determines is necessary for the Project, regardless of
whether such Road ROW is located within the Common Use Area. CDOT shall acquire such
property interests in whatever form it deems appropriate.
3. Company Use of Common Use Area. If at any time the Company desires to enter
upon the Common Use Area to construct, operate, repair, and/or maintain the Company's
Facilities, the Company shall give advance notice to and obtain prior approval from the CDOT's
Regional Transportation Director or authorized representative, and shall comply with all terms and
1
conditions of a permit issued by CDOT covering such approved activity. If such Road ROW has
been conveyed to Weld County in accordance with section I11.1 below, Company shall apply for
and receive a right-of-way use permit ("County ROW Permit") in accordance with Weld
County Code Chapter 8, Article XIII. Weld County has a no -cut policy for concrete roadways.
If, due to an emergency, the Company is unable to comply with the aforementioned notice
and approval requirements, the Company shall notify CDOT or Weld County, as may be relevant,
as soon as possible after discovering the emergency situation, and thereafter shall comply with any
instructions which may be issued by the CDOT or Weld County in response to the emergency. In
all cases, the Company shall make adequate provision for the protection and safety of the traveling
public.
II. RELOCATION AND ABANDONMENT OF COMPANY'S EASEMENT
1. Relocation of Company's Facilities. If CDOT determines that the Company's
Easement and/or Company's Facilities conflict with the Project, Company agrees to relocate,
reconstruct, remove, or abandon -in -place Company's Facilities ("the Work"), as determined by
CDOT, and to abandon Company's Easement from the Common Use Area. Upon Company's
receipt of notice from CDOT that such Work is necessary, Company shall cooperate with CDOT
in the performance of the Work in a manner consistent with the interests of both parties, and at a
time convenient to and in coordination with the Project construction.
2. Just Compensation. In such circumstance CDOT shall pay just compensation to
Company for the abandoned easement, which shall be subject to negotiation between
Company and CDOT by separate agreement. Such relocation Work shall be performed by or
under the direction of either the CDOT or the Company, as agreed upon in writing in advance by
those two parties. In any case, CDOT shall be responsible for all eligible relocation Work c --`s
as determined in accordance with applicable state and/or federal laws and regulations.
3. Abandonment of Company's Easement from Common Use Area. If as a result
of the Work described above, the Company must terminate use and occupancy of all or part of the
Common Use Area, the Company shall execute a quit claim ceding to CDOT all rights of the
Company to such property, or execute and record an appropriate document abandoning all interest
in Company's Easement within the Common Use Area, as determined by CDOT.
4. Timing of Relocation of Company's Facilities. If Company receives notice that
Company's Facilities must be relocated, reconstructed, removed, or abandoned -in -place from
CDOT, Company shall endeavor to do so within such time as may be negotiated by separate
agreement between those two parties.
III. FUTURE USE OF COMMON USE AREA
1. CDOT Conveyance to Weld County. CDOT is primarily responsible for design
and construction of the Project. At the conclusion of said construction, CDOT intends to convey
the Project area to Weld County. All parties to this Agreement expressly agree that CDOT shall
be authorized to convey any of its property interests in the Project area to Weld County by separate
document, and without further approval by Company. Weld County may consent to the assignment
of such property interests by CDOT, which shall include the provisions of this Agreement, and in
such case CDOT shall be released from further obligation under this Agreement. Company retains
2
its rights to Company's Easement and Company's Facilities, subject to the terms of this Agreement
and any other Agreement between Company and CDOT.
2. Future Road Projects. After CDOT conveys the Project area to Weld County, and
Weld County accepts such assignment, Weld County shall exercise exclusive control over the
Project area, subject to the terms of this Agreement and the then -current terms of Company's
Easement. Should Weld County determine that an additional road project is necessary (e.g.
roadway expansion) that then requires the relocation, reconstruction, removal, or abandonment -
in -place of Company's Facilities, Weld County shall provide notice and negotiate such work by
separate agreement with Company.
IV. MISCELLANEOUS
l . Board at -County Commissioners of Weld County Approval. This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County or its designee.
2. Agreement Binding. This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall be
binding upon said parties their officers, employees, agents, and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties.
3. No Third -Party Beneficiary. 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.
4. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the successors and assigns of all parties. In the event that any municipality annexes
any portion of the roadway that comprises the Common Use Area, Weld County shall
automatically be released of obligation under this Agreement, and said annexing municipality shall
be obligated to the terms of this Agreement in its place as to that portion of the Common Use Area
which has been annexed.
5. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent tiat this Agreement is then capable of execution within the original intent
of the parties.
6. Attorney Fees/Legal Costs. In the event of a dispute between the parties
concerning this Agreement, the parties agree that no party shall be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of any other party.
3
7. Governmental Immunity. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed
an original, on the date first written above.
COMPANY:
By:
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
ame
Title:
Steve Moreno, Chair
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region Transportation Director
4
1111111111111111111111111111111111111 III 111111111 1111
CO
8 - 3820805 o 7 R 41.10 0 2 04:35P D 0.00 SteveWeld Moreno Clerk & Recorder
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT is made and entered into as of the 3 r`k day of
20 t'5.- , by and between Wake LLLP, whose address is 801 8 —Street, No. 220, Greeley, CO
80631, hereinafter referred to as "the Grantor" and NORTH WELD COUNTY WATER DISTRICT, a
Political Subdivision of the State of Colorado, the address of which is 32825 Weld CR 39, Lucerne,
CO 80646, hereinafter referred to as "the District".
WITNESSETH
For and in consideration of the mutual promises and covenants herein contained and the
sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy
of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by
these presents does grant and convey unto the District, its successors and assigns, a permanent
perpetual right-of-way and easement for the installation, construction, maintenance, inspection,
operation, replacement or removal of one or more water lines and all underground and surface
appurtenances thereto, including metering stations and other fixtures, in, over, across and upon the
following described property:
See Exhibit A - EASEMENT PROPERTY DESCRIPTION, attached and incorporated herein by
this reference as Exhibit "A".
The parties hereto acknowledge that said easements and rights -of -way (hereinafter referred
to as "the Easement") is located on a parcel of property owned by the Grantor legally described as
follows and hereinafter referred to as "the Grantor's Property": Lot A of Recorded Exemption No.
0803 -32 -1 -RE -3216 (RE -3216), recorded January 7, 2002 at Reception No. 2914851 of the Records
of Weld County, located in the North Half (N 'A), of Section Thirty-two (32), Township Six North
(T.6N.), Range Sixty-five West (R.65W.), Sixth Principal Meridian (6"' P.M.), County of Weld, State
of Colorado.
AGREEMENT
1. In addition to the foregoing grant of easement and right-of-way by the Grantor to the District,
the Grantor further grants and conveys to the District the following rights and privileges.
A. The right to grade the Easement for the full width thereof in such a manner as the
District may reasonably determine to be necessary or advisable.
B. The right to support pipelines located within the Easement across ravines and water
courses with such structures as the District shall reasonably determine to be necessary or
advisable.
C. The right of ingress and egress to and from the Easement by means of existing roads
(whether public or private) located on the Grantor's property, if any, or in the absence of such roads,
by such other routes as the District shall determine to be reasonably necessary taking into
consideration the minimization of damage to the Grantor's Property. Notwithstanding the foregoing,
in the event the Grantor's Property is subdivided and in the event roads are dedicated on the plat of
such property, which roads provide adequate access to the Easement, then the Districts right of
Page 1 of 5
1111111 IIII IIII 11111 1111111 I II 11111 M I I II
3820805 01/26/2012 04:35P Weld County, CO
2 of 7 R 41.00 0 0.00 Steve Moreno Clerk & Recorder
ingress and egress over the Grantor's Property to the Easement shall be limited to such dedicated
roads.
D. The right to grade, construct, maintain and use any private roads upon the Grantor's
Property in such a manner as the District may deem necessary or advisable in the exercise of its
right of ingress and egress to and from the Easement.
E. To install, maintain and use gates or other livestock barriers on all fences which now
cross or hereinafter cross the Easement.
F. To mark the location of the Easement with markers set in the ground provided that
any such markers remaining after the period of construction of the water line and appurtenances
shall be placed in locations which will minimize interference with any reasonable use of the
Easement area by the Grantor.
G. All other rights necessary and incident to the full and complete use and enjoyment of
the Easement of the purposes herein granted.
II. The Grantor hereby covenants and agrees to and with the District, its successors and
assigns, that:
A. Except as otherwise provided in this subparagraph A, the Grantor, its heirs, personal
representatives, administrators, successors and assigns, shall not erect or place any permanent
building, structure, improvement, tree or other landscaping on the Easement. In the event of the
placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the
District shall have the right to require the Grantor to remove such obstacles from the Easement and,
in the event the Grantor fails to do so upon request, the District may remove such obstacles without
any liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantor, its heirs,
personal representatives, administrators, successors and assigns shall have the right, without the
consent of the District, to plant grasses and other ground cover and small shrubs upon the
Easement area which are usual and customary for the full use and enjoyment of the Grantor's
Property. However, the District shall not be responsible for repair or replacement of any "exotic"
plantings, ornamental trees or similar landscaping other than usual and customary ground covering
and shrubs.
B. Grantor shall have the right to erect or place fencing upon the easement so long as
such fencing does not cause damage to the pipeline. The District shall have the right to remove
said fencing and the duty to reinstall said fencing if such fencing is removed for any use or
operations within the Easement.
C. Grantor shall have the right to asphalt/pave upon the easement with the District's
approval of grading plans and construction of such asphalt surface. The District shall have the right
to remove said asphalt and the duty to patch said asphalt if such asphalt is removed for any use or
operations within the Easement.
D. The Grantor does covenant and agree to and with the District that the Grantor is
lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and
lawful right to convey the Easement to the District and that the Grantor warrants the title thereto.
Grantor has also attached the notarized signatures of any other individual or entity that claims or has
any type of legal or equitable interest in the subject property.
Page 2 of 5
111111111111 1111111 II{I IIII 1111111 11111 111111
3820805 01/26/2012 04:35P Weld County, CO
3 of 7 R 41.00 0 0.00 Steve Moreno Clerk & Recorder
III. The District does hereby covenant and agree to and with the Grantor as follows:
A. The District shall not fence or otherwise enclose the Easement, except during periods
of construction and repair.
B. All trenches and excavations made in the laying or repairing of the water line shall be
properly backfilled and as much of the original surface soils as reasonably possible shall be placed
on top. All large gravel, stones and clods will be removed from the finished backfill. The District will
finish the backfill after normal settling of the soil so that the use and enjoyment of the Easement by
the Grantor shall be suitable for the purpose now used. The District will thereafter be responsible for
maintenance of the waterline(s).
C. In the event the Grantor's Property is being used for grazing purposes, the District
agrees that during the period of construction of the water line, or any subsequent alteration, removal
or replacement of said water line, the District will leave or arrange for reasonable crossing over the
Easement for cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it
becomes necessary for the District, its agents or contractors to cut a fence on the Grantor's
Property, the District, shall, at its option, either keep the gate closed or guarded in such a manner so
as to prevent the entrance and exit of cattle or livestock through such opening, or construct in any
one or more places substantial gates with dual locks and to fumish the Grantor with one set of keys
thereto. Before any such fence is cut by the District, the fence shall be braced in order to prevent
slackening of wires along the fence in each direction from the District's temporary opening.
D. In the event the Grantor's Property is being used for production of any crops which
require irrigation at the time the pipeline is constructed as set forth in this Agreement, the District
agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices
across the Easement at all times during such construction operations. The District further agrees,
unless otherwise provided, not to block dams or obstruct in any manner any irrigation canal,
drainage ditches or creeks located on the Grantor's Property and further agrees to replace or repair
any levees or banks disturbed or damaged by the activities of the District on the Grantor's Property.
E. The District shall pay the fair market value for any crops, fences or livestock of the
Grantor, its tenants and lessees, which are damaged or destroyed as a result of the construction,
operation and maintenance of the water line.
F. To the extent allowed by law, the District shall be liable for loss or damage which
shall be caused by any wrongful exercise of the rights of ingress or egress to or from the Easement
or by wrongful or negligent acts or omission of its agents or employees during the course of their
employment on the Grantor's property.
IV. District and Grantor further agree as follows:
A. In addition to the Easement as described hereinabove, Grantor grants to District a
temporary construction easement including the right of ingress and egress on, over and across
Grantor' s Property, together with the full right and authority of District, its contractors, agents and
employees to enter upon the premises with machinery, trucks, materials, tools and other equipment
which may be used or required in the construction of any pipeline(s) to be located on the premises.
B. This grant of temporary easement and access shall be an additional thirty feet (30') in
width on each side of the above described Easement but this temporary easement shall terminate,
unless otherwise agreed in writing, six months after installation of any pipeline(s) across Grantor's
Property. Such termination shall have no affect on District's Easement.
Page 3 of 5
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3820805 01/26/2012 04:35P Weld County, CO
4 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
C. For any future acquisition of a tap or taps, Grantor shall be responsible for
complying with District policies, requirements, resolutions, regulations and procedures in effect,
including the Supplemental Tap Fee.
D. District shall pay Grantor reasonable costs and expenses for any damages to any
improvements on the property caused by its use of the rights granted herein.
E. For any future acquisition of a tap or taps, Grantor shall be responsible for
complying with District policies, requirements, resolutions, regulations and procedures in effect,
including the Supplemental Tap Fee.
F. Except to the extent that such rights may be inconsistent with or interfere with the
rights and privileges herein granted to the District, the Grantor shall retain the right to use and
enjoy the Easement.
G. The benefit and burdens of this Agreement shall inure to and be binding upon the
respective heirs, personal representatives, successors or assigns of the parties hereto; and shall
constitute covenants running with the title to the lands described hereinabove.
H. Whenever used herein, the singular shall include the plural and the plural the
singular and the use of any gender shall apply to all genders.
Page 4 of 5
My Commission Expires 08/29/2014
HUM 11111 1311Iill IIII 111111111111 III 11111 liii till
3820805 01/26/2012 04:35P Weld County, CO
s of 7 R 41.00 0 0.00 Steve Moreno Clerk & Recorder
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
GRANTOR:
Mc_cLP
By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: -7,14 By:
Secretary President
STATE OF COLORADO
) ss.
COUNTY OF W6 O
The foregoing instrument was acknowledged before me this / 14'day of
3-R4eriity a�s . by A. BRoa< so r.,r>m..r
Grantor.
Witness my hand and official seal.
My commission expires: /O- to- WS"
STATE OF COLORADO
COUNTY OF WELD
)
) ss.
Notary Public*"
The foregoing instrument was acknowledged before me this a---1 day of
)a.,, ,,......-r A , - C3- by Q _ ,- e 5 tc t �:,, ti,.r- as
President and Ncis co e V>ue.--, as Secretary of North Weld County
Water District.
Witness my hand and official seal.
My commission expires: f-.)
Notary Public
Page 5 of 5
111111111111 I I { 11111111111111111111111111111111111111
3820805 01/26/2012 04:35P Weld County, CO
6 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
Exhibit A
PROPERTY DESCRIPTION
Permanent Waterline Easement
A portion of Lot A. Recorded Exemption No. 0803-32-1- RE -3216 (RE -3216). recorded January 07.2002 at Reception
No. 2914851 of the Records of Weld County. located in the North Half (N 1/2) of Section Thirty-two (32). Township
Six North (T.6N.). Range Sixty-five West (R.65W.), Sixth Principal Meridian (6th P.M.). County of Weld. State of
Colorado, more particularly described as follows:
COMMENCING at the Northeast corner of Lot A of RE -3216 and assuming the East line of said I.ot A as bearing
South 0095'14" East, being a grid distance of 2381.16 feet with all hearings contained herein relative thereto.
THENCE South 00°15'14" East along the East line of Lot A, RE -3216 a distance of 10.07 feet to a line parallel with
and 30.00 feet Southerly of. as measured at a right angle to the North line of the Northeast Quarter (NEI/4) of Section
32 and to the POINT OF BEGINNING:
THENCE South 00°15'14" East along the East line of said Lot A. a distance of 50.30 feet to a line parallel with and
80.00 feet Southerly of as measured at a right angle to the North line of the NE l/4 of Section 32 and to a point
hereinafter referred to as Point "A":
THENCE North 83°57'02" West along said parallel line a distance of 27.59 feet:
THENCE North 38°57'02" West a distance of 28.28 feet to a line parallel with and 60.00 feet Southerly of. as
measured at a right angle to the North line of the NEl /4 of Section 32:
THENCE North 83°57'02" West along said parallel line a distance of 257.62 feet to the West line of Lot A. RE -3216:
THENCE North 0095'14" West along the West line of said Lot A. a distance of 30.18 feet to a line parallel with and
30.00 feet Southerly of as measured at a right angle to the North line of the NE 1/4 of Section 32:
THENCE South 83°57'02" East along said parallel line a distance of 303.00 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 9,820 sq. ft. or 0.225 acres, more or less and is subject to any existing
easements and rights of way of record or as now existing on said described parcel of land.
Together with a Temporary Construction Easement being more particularly described as follows:
BEGINNING at the herein described Point "A":
THENCE South 0095'14— East along the East line of Lot A. RE -3216 a distance of 10.06 feet to a line parallel with
and 90.00 feet Southerly of as measured at a right angle to the North line of the NE1/4 of Section 32:
THENCE North 83°57'02" West along said parallel line a distance of 303.00 feet, to the West line of Lot A. RE -3216:
THENCE North 00°15' l4" West along the West line of said Lot A. a distance of 30.18 feet to a line parallel with and
60.00 feet Southerly of as measured at a right angle to the North line of the NEI/4 of Section 32:
THENCE South 83°57'02" East along said parallel line a distance of 257.62 feet:
THENCE South 38°57'02" East a distance of 28.28 feet to a line parallel with and 80.00 feet Southerly of as measured
at a right angle to the North line of the NEI/4 of Section 32:
THENCE South 83°57'02" East along said parallel line a distance of 27.59 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 8.360 sq. ft. or 0.192 acres, more or less and is subject to any existing
easements and rights of way of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I. Paul B. Groves, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was
prepared tinder my person. y�� sion and checking, and that it is true and correct to the best of my knowledge and
belief.
Paul B. Groves —on be
Colorado Registered Professoona
Land Surveyor #38209
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
Y:12011524\DESCRIPTIONS'201 t524EXII_Ol.doc Page I oft
UTILITY EASEMENT
EXHIBIT - A
LOT A, RE -3216
SECTION 32, T.6N. R.65W.
NORTHEAST CORNER OF
LOT A, RE --3216
POINT OF COMMENCEMENT
0
m
v co
=gym
= to
C3 .9 30' RIGHT
o OF WAY
—3 m
co
O C
�ewCO
- CO Is
lb
IP
1-`,81
(2 OF 2)
POINT OF BEGINNING
POINT "A"
L6
BASIS OF BEARINGS S00'15'14"E 2381.16'
IM
IM
!3
;lc;
L7
HATCHED AREA IS
AREA OF CONFLICTING
OWNERSHIP
PERMANENT EASEMENT
9,820 sq. ft. / 0.225 acres
LOTA
RE -3216
REC. NO. 2914851
RECORDED 01/07/2002
CONSTRUCTION EASEMENT
8,360.sq. ft. / 0.192 acres
L8
L5
LOTB
RE -3216
NOTE: This exhibit drawing is riot intended to be a
monumented land survey. It's sole purpose is as a
graphic representation to cid in the visualization of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
Paul B. Groves — On Behalf Of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor #38209
LINE TABLE
LINE
BEARING
LENGTH
L1
S00'15'14"E
10.07'
L2
S00'15'14"E
50.30'
L3
N83'57'02"W
27.59'
L4
N38'57'02"W
28.28'
L5
NO0'15'14"W
30.18'
L6
SOO'15'14"E
10.06'
L7
N00'15'14"W
30.18'
L8
N0015'14"W
10.07'
50' 25' 0 50'
50'
KING SURVEYORS, INC.
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
wwlv.kingsuryeyors.com
PROJECT NO:2011524
DATE: 1 1 /07/11
CLIENT: N.W.C.W.D.
DWG:2011524EXH_01
DRAWN: PG CHECKED: PG
Contract Form
Entity Information
New Contract Reques
Entity Name*
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
ti00003413
❑ New Entity?
Contract Name* Contract ID
O STREET SPUR - COMMON USE AND FACILITY RELOCATION 4830
AGREEMENT - NORTH WELD COUNTY WATER DISTRICT
Contract Status
CTB REVIEW
Contract Lead*
ERELFORD
Contract Lead Email
erelfordgco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
CDOT AND WELD COUNTY ARE PARTNERING ON THE CONSTRUCTION OF THE O STREET SPUR PROJECT. CDOT WILL DESIGN,
ACUIRE ROW, RELOCATE UTILITIES AND CONSTRUCT THE PROJECT. UPON PROJECT COMPLETION, CDOT WILL CONVEY THE
NEW SPUR TO WELD COUNTY FOR OWNERSHIP.
Contract Description 2
THIS AGREEMENT IS WITH NORTH WELD WATER DISTRICT, CDOT AND WELD COUNTY. THE PROJECT IS LOCATED IN THE
NORTHEAST QUARTER OF SECTION 33., TOWNSHIP 6 NORTH, RANGE 65 WEST.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks� weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead gweldgay.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY�@WELDG
OV,COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
06 14 2021
Due Date
06/10'2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
06'08/2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/14'2021
Originator
ERELFORD
Contact Type
Review Date*
06 14+2022
Committed Delivery Date
Finance Approver
BARB CONNOLLY
Renewal Date
Expiration Date
06/14,'2022
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
06/09,'2021
Tyler Ref #
AG 061421
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
06/09,,2021
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