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Home My WebLink About20210192.tiffRESOLUTION RE: APPROVE RIGHT OF ENTRY AND ACCESS AGREEMENT FOR COLLECTING FIELD DATA AND AUTHORIZE CHAIR TO SIGN - NORTHERN INTEGRATED SUPPLY PROJECT (NISP) WATER ACTIVITY ENTERPRISE 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 Entry and Access Agreement for Collecting Field Data 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 Buildings and Grounds, and the Northern Integrated Supply Project (NISP) Water Activity Enterprise, on behalf of the Northern Colorado Water Conservancy District, commencing upon full execution of signatures, and ending December 31, 2021, 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 Right of Entry and Access Agreement for Collecting Field Data 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 Buildings and Grounds, and the Northern Integrated Supply Project (NISP) Water Activity Enterprise, on behalf of the Northern Colorado Water Conservancy 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. c.c.:3G(TTISG) oaw t-i t I 2021-0192 BG0023 RIGHT OF ENTRY AND ACCESS AGREEMENT FOR COLLECTING FIELD DATA - NORTHERN INTEGRATED SUPPLY PROJECT (NISP) WATER ACTIVITY ENTERPRISE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifidsd Xie0;IA Weld County Clerk to the Board BY: AP ounty .v orney Stev/Moreno, Chair Date of signature: O1/2V2. Perry L. James, Pro - 2021 -0192 BG0023 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 11, 2021 To: Board of County Commissioners From: Toby Taylor Subject: NISP Entry & Access - Parcel R8945999 The Northern Integrated Supply Project (NISP) Water Activity Enterprise of Northern Colorado Water Conservancy Project has begun the process of design for the Pipeline project. They have sent a letter to obtain permission to enter property located at Parcel R8945999 (Exhibit A) that is located southeast of Highway 34 and County Road 13. The entry request is for performing initial studies to include collection of field data, Ute Ladies' Tresses Orchid, Preble's Meadow Jumping Mouse and potentially other Species. Buildings & Grounds is recommending approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2021-0192 X0023 w BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: NISP Survey — Parcel R8945999 DEPARTMENT: Buildings & Grounds PERSON REQUESTING: Toby Taylor DATE: 1-12-2021 Brief description of the problem/issue: The Northern Integrated Supply Project (NISP) Water Activity Enterprise of Northern Colorado Water Conservancy Project has begun the process of design for the Pipeline project. They have sent a letter to obtain permission to enter property located at Parcel R8945999 (shown below) that is located southeast of Highway 34 and County Road 13. The entry request if for performing initial studies to include collection of field data, Ute Ladies' Tresses Orchid, Preble's Meadow Jumping Mouse and potentially other Species. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Disapprove request 2. Approve request Recommendation: If the BOCC has no issues with this request, the recommendation would be to place the entry agreement for collecting field data on an upcoming agenda so official approval can be done at a public meeting. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: Exh,brI A Northern Water Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, Colorado 80513 1-800-369-7246 • www.northemwater.org November 30, 2020 Weld County Real Property Department 1150 O Street Greeley, CO 80631 Dear Real Property Department Manager: RECEIVED DEC 1 1 2020 WCOMMISSIONERS The Northern Integrated Supply Project Water Activity Enterprise of Northern Colorado Water Conservancy District ("the Enterprise") is in the process of beginning the design of the NISP Pipeline Conveyance Project. The purpose of this letter is to obtain permission to allow the Enterprise, its consultants, contractors, agents, and employees the right to enter upon, have access to, pass through, and perform field studies on your property as described in the enclosed "Grant of Right of Entry and Access for Collecting Field Data." All field studies to be completed are generally non -ground disturbing, except for the exploratory drilling and test pits. If damage does occur to your property during the collection of the field data, Northern Water will pay you the reasonable costs of those damages. The environmental studies to be completed may include field studies on the Ute Ladies' Tresses Orchid (Spiranthes Diluvialis), the Preble's Meadow Jumping Mouse and potentially other plant or animal species. In addition, an archeologist will also be performing field surveys. The surveying work will consist of performing preliminary land surveys including the recovery of, and measurement to, horizontal and vertical survey marks; a topographic survey, which includes the modeling of ground terrain and the measuring and mapping of physical features; and the placement of temporary survey stakes and permanent survey monuments. A permanent monument will generally consist of a survey pin with a cap on top and a small amount of concrete around the pin to help preserve its integrity and will generally be placed even with the surface of the ground. Please review the terms of the Grant of Right of Entry. If agreeable, please sign and return both copies to me. In return, I will send you a copy of the fully executed Right of Entry and a check in the amount of $250 as consideration for granting the Enterprise, its contractors and agents the right to enter upon your property to perform the necessary field studies associated with the NISP Pipeline Conveyance Project. If you have any questions, you may call me at 970-622-2226 (office) or 970-397-2943 (mobile). If you prefer, I am available to meet with you on your property to answer any questions that you may have. Sincerely, Kirsten Muncy, SR/WA, R/W-NAC Senior Acquisition Agent Real Estate Department Enclosures By Certified Mail, Return Receipt Requested GRANT OF RIGHT OF ENTRY AND ACCESS FOR COLLECTING FIELD DATA 1. Weld County ("Landowner") and, if applicable ("Tenant"), hereby grant to the Northern Integrated Supply Project Water Activity Enterprise ("the Enterprise"), a government owned business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq. and owned by the Northern Colorado Water Conservancy District, and its consultants, contractors, agents and employees the right to enter upon, have access to, pass through and perform field studies for the NISP Conveyance System (the "rights of entry") on that certain property described below for the purposes of conducting environmental studies, wildlife or plant surveys or studies, archeological studies, geotechnical investigations, soil investigations, exploratory drilling, test pits, seismic refraction surveys, surveying, placing panel points, placing survey monuments and other necessary field work and data gathering in connection with the construction of the NISP conveyance system for the Northern Integrated Supply Project, but not for the purpose of actually constructing the Conveyance System. 2. The property for which rights of entry are hereby granted is located in Weld County and is described as follows (the "Property"): PT N2NW4 18-5-67 DESC AS BEG SW COR OF N2NW4 N89D20'E 30' TPOB N685.67' N65D26'E 29.69' S697.69' S89D20'W 27' TPOB AND N88.56' TPOB N325.21' N46.37'E 37.14 S338.36' S65.24'W 29.69' TPOB 3. The Landowner warrants and represents to the Enterprise that he, she or they are the owners of the Property and have the right and authority to grant the rights of entry herein. 4. The rights of entry shall commence upon the execution of this Grant and shall expire on December 31, 2021. 5. In return for granting the rights -of -entry, the Enterprise has paid the Landowner or, if applicable, Tenant, the total sum of Two Hundred Fifty Dollars ($250.00). 6. Ail field work and data gathering will be conducted under this Gram in a safe and workmanlike manner. Geotechnical investigations will consist of drilling exploratory holes using a truck/track-mounted auger. Seismic refraction surveys will generally be non -ground disturbing. 7. The Enterprise will pay the Landowner or, if applicable, Tenant, for the reasonable cost of damages to the Property, including any crops or improvements thereon, caused by the actions of the Enterprise or its consultants, contractors, agents or employees while conducting field work or data gathering activities on the Property pursuant to this Grant. Dated: / / 7 1 , 2020. NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE By: Title: 220 Water Avenue Berthoud, CO 80513 1-970-593-2074 — Cell 1-970-622-2243 — Office Weld County By: , `u ' `Z�'L""'-.U- steve Moreno, BOCC Chair 1150 O Street Greeley, CO 80631 Telephone: 970-400-4200 TENANT Address: JAN 1 8 2021 02p01./. "o a/902M RIGHT OF ENTRY FOR THE NORTHERN INTEGRATED SUPPLY PROJECT (NISP) WATER ACTIVITY ENTERPRISE OF NORTHERN COLORADO WATER CONSERVANCY PROJECT APPROVED AS TO SUBSTANCE: Elected Ojial or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney orthern Water Northern Water Use Only Property Owner Weld County Parcel number/s 095718200055 Project NISP Check amount $25° Mall date Payment Information Thank you for executing the attached Grant of Right of Entry and Access for Collecting Field Data. Please indicate how you would like to receive compensation. Who should the check be written to? k%D Chi Y ✓� Jh ',f'r" What address should the check be mailed to? &/LPD/N65 &a) 753 Le Ca {b6,O / Initials Your payment will be mailed shortly. Questions? please contact the Real Estate Services Department manager: jstruble@northernwater.org e_ NORTHERN WATER 23-96-1020 2298 4 LAND/ROW ACCOUNT 220 WATER AVENUE BERTHOUD, CO 80513 (970) 532-7700 DER � oxof k(MIA _ ,d S,.. _ - .DOLLARS U_ GUARANTY BANK AND TRUST COMPANY Customer Undo, (0771 e0hee00 MEMO _L1 DATE I: 10 20009661: 1,4200110030 1198 Hello