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Home My WebLink About20210403.tiffRESOLUTION RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR SLOPE IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Non -Exclusive License Agreement for Slope Improvements 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 City of Greeley, 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 Non -Exclusive License Agreement for Slope Imrovements 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 City of Greeley, 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 8th day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C/o jejul;i, Weld County Clerk to the Board ounty Attorney Date of signature: W1I21a-t Steve M •, eno, Chair Sc • "' am-., Pro-Tem Perry L. Buck C G: Pw(gRicH/Dn) a/24/2( 2021-0403 EG0079 �n+rat c+ l 'I ci �O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Parkway Acceptance of Right of Way Dedication, Perpetual and Slope Easements DEPARTMENT: Public Works DATE: 1/27/2021 PERSON REQUESTING: Dawn Anderson Brief description of the problem/issue: The Board of County Commissioners on February 26, 2020 approved USR19-0071 — DPG Farms, LLC with Conditions. One condition was to enter into an Improvements Agreement with specific upfront off -site improvements to the Weld County Parkway to be completed prior to construction. In order to complete these improvements, the developer had to acquire additional land, at their cost, to meet the criteria for the roadway design. The applicant has acquired those land rights necessary and is ready to convey them to Weld County, as required. Attached are two Deed of Dedication forms with legal descriptions as well as a Permanent Slope Easement agreement with legal description for the areas necessary for the roadway improvements. The Board of County Commissioners must accept the Deeds of Dedication as well as the Permanent Slope Easement agreement to finalize the transfer of land. Neither the dedication of land, nor the easements are at cost to the county but will ensure maintenance of the Weld County Parkway can continue with the improvements required in accordance with their USR. • Acceptance of Mark Barr Deed of Dedication — 2,767 SF or 0.06 Acres • Acceptance of Catherine Roadifer Deed of Dedication — 10,462 SF or 0.24 Acres • Acceptance of Catherine Roadifer Perpetual Easement — 6,880 SF or 0.16 Acres • Execution of City of Greeley Slope Easement Agreement — 8,148 SF or 0.19 Acres What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The Board can accept the Right of Way Dedication and Permanent Slope Easement. 2. The Board can deny the acceptance of the Right of Way Dedication and Permanent Slope Easement. Recommendation: Public Works recommends agcepting tbe, Right of Way Dedication and the Permanent Slope Easement so that the county can continue to maintain the Parrkway. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine 2021-0403 Oa/a g 2,G© 0-19 DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 NON-EXCLUSIVE LICENSE FOR SLOPE IMPROVEMENTS This NON-EXCLUSIVE LICENSE AGREEMENT is made this g+h day of R.Aoroarce , 2021, by and between CITY OF GREELEY, COLORADO, a Colorado Home Rule Municipality (hereinafter called "Licensor") , whose address is 1000 10th Street, Greeley, Colorado 80631, and WELD COUNTY, COLORADO, a Colorado Home Rule County, (hereinafter called "Licensee"), whose address is 1150 O Street, Greeley, Colorado 80631. RECITALS A. Licensor is the owner of a parcel of property, identified by parcel number 096111400010, and legally described as: COMM NE COR S00DI3W 2657.22 S89D11W 323.75 TO POB S00DI4W 1342.74 N89D44W 1837.07 N29D27E 567.24 TH ALNG CURVE R 82.51 (R=425 CHORD=N35D01 E) N40D35E 647.19 TH ALNG CURVE R 113.59 (R=200 CHORD= N24D06E) N07D36E 121.98 TH ALNG CURVE R 65.16 (R=50 CHORD= N48D23E) N89D11E 984.07 TO POB EXC COMM E4 COR S88D42W 324.36 S01D17E 30 TO POB S00DI5E 1256.22 TH ALNG CURVE L 112.93 (R=838.11 CHORD=N83D44W) S88D24W 232.54 N02D02W 10 N65D43E 121.45 N 43D41E 57.05 N03D32W 52.68 TH ALNG CURVE R 1165.40 (R=1135 CHORD=N12D55W) N88D42E 442.12 TO POB; also know by address 1734 Holly Avenue, Greeley, Colorado 80631 ("the Property"). B. Licensee desires to use and occupy a portion of the Property for construction, operation, repair, and maintenance, of slope improvements ("Licensed Facility") in, under, or along portions of the Property as more particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to obtain Licensor's permission therefore. C. Licensor desires to grant to Licensee a non-exclusive license ("License") for the above - stated purpose, upon the terms and conditions contained below, in exchange for payment of One Thousand Eight Hundred Dollars ($1,800.00). AGREEMENT NOW, THEREFORE, for consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby grants to Licensee, with respect to such interest as Licensor may have in the Property, the authorization to construct, operate, maintain, repair, inspect, remove, replace and abandon in place the Licensed Facility in, under, or along a portion of the Property shown on Exhibit A, subject to the following: (1) (a) Licensor intends to use the Property for the construction, operation, maintenance, repair, replacement, and relocation of its uses and facilities and the rights herein granted REM LA 8.16.19 SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683537 Pages: 1 of 9 02/17/2021 02:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County County, CO krAKIRII NT MO IR 1111 O2.6 7_1, 3 DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 to Licensee for the use of the Property are subject to the rights of Licensor to use the Property for such purposes, which rights Licensor hereby expressly reserves. (b) Licensee agrees that farming activities shall be allowed over the licensed portion of the Property. (2) Licensee shall contact the Utility Notification Center of Colorado (1-800-922-1987) for location of any underground utilities. (3) Licensee shall apply for, obtain, and pay for, any and all permits required by the City of Greeley and any and all other applicable jurisdictions prior to commencing any work within the Property. (4) Licensee will coordinate all activities with the Licensor, by calling or emailing: City of Greeley Water & Sewer Department, Water Resources Division 1001 11 th Avenue, Suite 200 Greeley, Colorado 806361 Email: Water@GreeleyGov.com (5) Licensee will coordinate all activities and compensation for damages with the tenant Farmer, by calling or emailing: Randy Knutson Cell: (970) 539-1793 Email: knutsonra(aaol.com (6) Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on the Property without first having received prior written permission from Licensor. Any blasting shall be done in the presence of a representative of Licensor and in accordance with directions; such representative may give for the protection or safety of facilities in the area. (7) (a) Licensee shall restore, at its sole cost and expense, the surface of the Property, as nearly as practicable and permissible, to its prior condition and contour following any disturbance of the Property occasioned by the uses granted Licensee in this License. (b) Any damage to the Property or to Licensor's facilities located on the Property, as a result of the construction, operation, maintenance, repair, inspection, removal, replacement, or relocation of the Licensed Facility shall be paid for, and repaired, at the sole expense of Licensee. All repairs shall be made in accordance with current City of Greeley rules, regulations, and ordinances. REM LA 8.16.19 SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683337 Pages: 2 of 9 02/17/2021 02:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County County, CO VIII mr. rEr 111111 Docu5ign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 (8) Licensee agrees and understands that if Licensor has permitted or allowed natural gas gathering, storage, transmission, distribution, or related facilities on the Property, Licensee has been fully advised by Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Property, pursuant to the provisions of this License, of the existence and nature of such natural gas facilities and the danger and risk involved. (9) Licensee agrees and understands that any natural gas facilities, if located on the Property, may be subject to cathodic protection by rectifier and related anode beds, and that Licensor shall not be liable for stray current or interfering signals induced in the licensed facility as a result of the operating of the cathodic protection system. (10) Licensee agrees and understands that if Licensor has permitted and allowed to be constructed electric transmission, distribution, or related facilities on the Property, Licensee has been fully advised by Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Property, pursuant to the provisions of this License, of the existence and nature of such electric facilities and the potential danger and risk involved. (11) (a) (i) As used in this License, the terms "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. (ii) As used in this License, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any consequential or other damages. (b) To the extent permitted by law, Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this License; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric transmission or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities located on the Property; or (3) Licensee's or any other person's presence at the Property as a result of or related to this License. (c) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: REM LA 8.16.19 SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683337 Pages: 3 of 9 02/17/2021 02:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County County, CO III DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 i. Claims asserted by and person or entity, including, but not limited to, employees of Licensee or its contractors, subcontractors, or their employees; ii. Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; or Claims arising from, or alleged to be arising in any way from, the acts or omissions of Licensee, its sublessees, invitees, agents, or employees. (d) By agreeing to indemnification hereunder, Licensor does not waive any provisions of the Colorado Governmental Immunity Act. (12) A copy of this License shall be on the Property and available during construction of the licensed facility. (13) This License is not transferable or assignable without written notice to Licensor. (14) Upon abandonment of the use of the Property by Licensee or removal or abandonment in place of the licensed facilities, this License shall terminate. (15) This License shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. (16) Licensee agrees to record this Agreement in the real property records of the Weld County Clerk and Recorder. A recorded copy of this license will be provided within five (5) days of recording to the Licensor at: City of Greeley Real Estate Management 1000 10th Street Greeley, Colorado 80631 Email: RealEstateManagementAgreelevgov.com (17) This License may be executed in two original counterparts, each of which shall be deemed an original of this instrument. (18) This License may be executed and delivered by electronic signature by any of the parties and all parties consent to the use of electronic signatures. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. REM LA 8.16.19 SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683537 Pages: 4 of 9 02/17/2021 02:02 PM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County County, CO ■111WiPairlki.Va4141111III'IPAVAIRIPINAR�IrtillY4� 11111 DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 [Signature Pages to Follow] REM LA 8.16.19 SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683337 Pages: g of 9 02/17/2021 02:02 PM R Fee:$0.00 Carly Koopes, Clerk and Recorder, Weld County County, CO DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 LICENSEE: WELD COUNTY, COLORADO a Colorado Home Rule County The undersigned certifies that he/she has authority to bind Permittee to the terms of this Permit. By: Printed Name: Steve Moreno REM LA 8.16.19SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683337 Pages: 6 of 9 02/17/2021 02:02 PM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County County, CO VIII I��s1rI�Y�L��r11�4�1��i�i��ti«I+11��h'ti'�ill� �I III Date: FEB 0 8 2021 Chair, Board of Weld Title: County Commissioners 02602-/- O 3 DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 LICENSOR: THE CITY OF GREELEY, COLORADO, a Colorado home -rule municipality Real Estate Management: ooeusgma ny: B�JLsw�Ow7, �wru�� y es3c :. b43, . Lindsay Kuntz, Real Estate Manager Owning Department: reobtoSigbed by: scsea��as� Date: 12/23/2020 By: B Date: 12/23/2020 Sean Chambers, Director of Water & Sewer REM LA 8.16.19 SH Project:1734 Holly Ave Weld County License Parcel No. 096111400010 4683337 Pages: 7 of 9 02/17/2021 02:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Wald County County, CO VIII Icon &ONlaik1eNtil4 PIII Mk+i4 li 111111 DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 'EXHIBIT A' A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: oMI U a� C J U L C 7 U }� mar 03� B _ � Or° LLv� Go — cc gEL deNL f_ dB.- NoU� r, nm L NeM Q P.49 a 01N O COL.' mN L— %tma= CONSIDERING THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 11 TO BEAR NORTH 88'35'10" EAST, BEING MONUMENTED ON THE WEST END BY A 3./4" REBAR WITH 3 1/4" ALUMINUM CAP, PLS 37971, AND ON THE EAST END BY A 3/4 REBAR WITH 2 1/2" ALUMINUM CAP, PLS 23501, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 11; THENCE SOUTH 58'15'12" WEST, A DISTANCE OF 946.60 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY PARKWAY AS DESCRIBED IN DEED RECORDED JUNE 5, 2014 AS RECEPTION N0. 4021505 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING; ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1135.00 FEET AND A CENTRAL ANGLE OF 35'49'58", WHOSE CHORD BEARS SOUTH 24'25'31" EAST, A DISTANCE OF 698.32 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AND COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 709.83 FEET; THENCE SOUTH 03'32'00" EAST, COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 52.68 FEET; THENCE SOUTH 43'41'04" WEST, COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 57.05 FEET; THENCE NORTH 46'18'56" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 43'41'04" EAST, A DISTANCE OF 52.68 FEET; THENCE NORTH 03'32'00" WEST, A DISTANCE OF 44.80 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1145.00 FEET AND A CENTRAL ANGLE OF 35'39'21", WHOSE CHORD BEARS NORTH 24'20'14" WEST, A DISTANCE OF 701.11 FEET; THENCE NORTHWESTELRY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 712.55 FEET; THENCE NORTH 83'28'45" EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 8148 SQUARE FEET OR 0.19 ACRES, MORE OR LESS. PREPARED BY: CURTIS D. HOGS, PLS 37971 FOR AND ON BEHALF OF: AMERICAN WEST LAND SURVEYING CO. A COLORADO CORPORATION BRIGHTON, CO 80601 NOTE: THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. NOTE: THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY AMERICAN WEST LAND SURVEYING CO. TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD. DRAWN BY: CDH FIELD: CDH PARCEL N0. 096111400010 CITY OF GREELEY NOV. 22, 2020 PAGE 1 OF 2 Surveying CO. PO Box 129, Briohton, CO 80601 * P 303-659-1532 F 303-655-0575 * AMWESTLS.COM DocuSign Envelope ID: 11D444A1-8846-4DEA-9FF7-53DD85B1AB71 3MI U 3 o . U a� z•r 3 3 U 5 -3Z olyL ooy :1=0 o U ._ • R' K as ~ d�•ti N N: o� � jN mo• m---_ CENTER 1/4 COR. SEC. 11, T 5 N, R 65 W, FOUND 3/4" REBAR WITH 3 1/4" ALUMINUM CAP, PLS 3 971 PARCEL N0. 096111400010 CITY OF GREELEY R=1145.00' A=712.55' DELTA=35'39'21 " N24'20' 14"W CH=701.11' 'EXHIBIT A' � l N88'35' 10"E 2645.66' (BASIS OF BEARINGS) 6(3/ 9bcCD. • NI 1 SSS/ REC. NO. 4021505 -7 R=1135.00' A=709.83' DELTA=35'49'58" S24'25'31 'E CH=698.32' EAST 1/4 COR. SEC. 11, T 5 N, R 65 W, FOUND 3/4" REBAR WITH 2 1/2" ALUMINUM CAP, PLS 2 501 HOLLY AVENUE / POINT OF COMMENCEMENT 1" = 200' LINE BEARING DISTANCE L1 S03'32'00"E 52.68' L2 S43'41'04"W 57.05' L3 N46'18'56"W 10.00' L4 N43'41'04"E 52.68' L5 NO3'32'00"W 44.80' L6 N83'28'45"E 10.00' _E. 18TH STREET wfCO COVNN IARKwA\ NOTE: THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. NOTE: THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY AMERICAN WEST LAND SURVEYING CO. TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD. DRAWN BY: CDH FIELD: CDH PARCEL N0. 096111400010 CITY OF GREELEY NOV. 22, 2020 alle,tkan. PAGE 2 OF 2 .a te Surveying CO. PO Box 129. Brighton, CO 80601 * P 303-659-1532 F 303-655-0575 * AMWESTLS.COM Entity Information Entity Name CITY OF GREELEY Entity ID* g—00001551 ❑ New Entity? Contract Name* Contract ID NON-EXCLUSIVE LICENSE FOR SLOPE IMPROVEMENTS 4446 AGREEMENT (USRl9-0071) Contract Status CTB REVIEW Contract Lead* DRANDERSON Contract Lead Email drandersongco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project* Contract Description* NON-EXCLUSIVE LICENSE FOR SLOPE IMPROVEMENTS AGREEMENT (USR19-0071 ) $1,800 CHARGE IS PAID FOR BY THE DEVELOPER, NO COST TO WELD COUNTY Contract Description 2 Contract Type * AGREEMENT Amount* $1,500.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORDS Department Email CM- PublicW©rks weldgov.com Department Head Email CM-PublicWorks- De pt H ead Lave I d gov. cep m County Attorney BOB CHOATE County Attorney Email BCHO.ATER CO, WELD.CO.US Requested BC1CC Agenda Date* 02,'05;2021 Due Date 02/04/2021 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 tf this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract ©ate5 Effective Date Termination Notice Period Contact Information Review Date* 02;01!2022 Committed Delivery Date Renewal Date Expiration Date* 02,05x/2022 Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 02;'04x2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02'0$12021 Originator DRANDERSON Finance Approver CHRIS D'OVIDIO Purchasing Approved Date Finance Approved Date 02!04,2021 Tyler Ref # AG 020821 Legal Counsel BOB CHOATE Legal Counsel Approved Date 02;04,2021 Hello