HomeMy WebLinkAbout20212075.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF 50 PAIR TELEPHONE LINE FOR
COUNTY ROADS 80 AND 37 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO
SIGN - QWEST CORPORATION, DBA CENTURYLINK QC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Relocation of 50 Pair
Telephone Line for the County Roads 80 and 37 Intersection Project 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 Qwest Corporation, dba CenturyLink QC, commencing
upon full execution of signatures, 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 Agreement for Relocation of 50 Pair Telephone Line for the
County Roads 80 and 37 Intersection Project 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 Qwest Corporation, dba CenturyLink QC, 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 19th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD QOUNTY, COLORADO
ATTEST: ditife/t) G: JClto•ok.
Weld County Clerk to the Board
Date of signature: O7/27(9
Steve reno, Chair
S •�1- mes, Pro-
rry L. Bu
ike Freeman
CC: PAR/cWcK)
07/27/2
2021-2075
EG0079
6r7,4-,,,e,t/0?
MEMORANDUM
TO: Esther Gesick, CTB DATE: July 7, 2021
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: CenturyLink Relocation Agreement for CR 80 & CR
37 Intersection Project
Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for
the relocation of a CenturyLink fiber optic and telephone line that runs in an easement along the east side
of the CR 80 and CR 37 intersection. Since the CenturyLink lines are in an easement, Weld County is
responsible for paying for the relocation of the lines.
The agreement has been reviewed and accepted by the County Attorney's office and CenturyLink's
agents. The BOCC reviewed the in a pass around that was returned on July 7, 2021. All five
commissioners approved the recommendation to place the agreement on the BOCC agenda for
signature.
The cost of the relocation is expected to cost approximately $46,000. The cost of the relocation has been
accounted for in the 2021 budget.
I will attend the BOCC meeting to answer any questions the BOCC may have.
2021-2075
IPage 1 of 1
{ l M:\ —Active Projects\WCR 80 & WCR 37 Intersection\Design\Utilities\CenturyLink\CenturyLink Relocation Memo to CTB .docx
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CR 80 and CR 37 CenturyLink Relocation Agreement
DEPARTMENT: Public Works
PERSON REQUESTING: Clay Kimmi, Elizabeth Relford
DATE: July 1, 2021
Brief description of the problem/issue:
Public Works is in the process of ROW acquisition for the CR 80 and CR 37 project which is slated to begin construction
in November of 2021. During the design phase of the project, it was determined that a portion of CenturyLink's
infrastructure is located in a private non-exclusive easement and part of it is located in the existing ROW.
Since CenturyLink is partially located within an easement, Weld County is responsible for reimbursing CenturyLink for the
portion of the relocation that is in the easement. CenturyLink is responsible for paying for the portion of the relocation that
is in the existing ROW. The County is acquiring a new non-exclusive easement to replace the one that we are buying
over the top of. The easement is located on the east side of CR 37 outside of the new ROW being acquired for the
project. Along CR 37, CenturyLink will relocate into the new easement. Along CR 80, CenturyLink will relocate from the
existing ROW (under CR 80) to the new ROW (along the south side of the ROW outside of the roadway).
The portion of the relocation costs that the County is responsible for is approximately $46,000. The attached agreement
outlines each parties responsibilities. In order to be reimbursed, CenturyLink will have to submit itemized invoices
showing their expenses.
The agreement specifies that CenturyLink has to relocate between August 1, 2021 and October 31, 2021. The County's
construction is anticipated to start in November 2021.
The agreement has been reviewed and accepted by both the County Attorney's office and CenturyLink's attorneys.
CenturyLink has already signed the agreement.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. The BOCC can sign the relocation agreement authorizing a reimbursement cost not to exceed $46,000.
2. The BOCC can decline to sign the agreement which will delay the start of the construction project and may affect
the $1,000,000 DOLA grant that the County has for the project.
3. The BOCC can ask for a work session.
Recommendation:
Public Works recommends Option 1 which is signing the agreement authorizing a reimbursement cost not to exceed
$46,000. This option allows the County to maintain its construction schedule.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
ADDrove
Recom endation
,MF
Sletir
Schedule
Work Session
Other/Comments:
AGREEMENT FOR RELOCATION OF 50 PAIR TELEPHONE LINE BETWEEN
QWEST CORPORATION AND WELD COUNTY FOR THE WELD COUNTY ROAD
80/37 INTERSECTION PROJECT
id -
THIS AGREEMENT, made and entered into this /day o , 2021, by and
between Qwest Corporation d/b/a CenturyLink QC, Attention: Con cti Services, at 100
CenturyLink Dr., Monroe, Louisiana, 71203, (hereinafter called "CenturyLink") and Weld
County, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, at P.O. Box 758, 1150 O Street, Greeley, CO 80632
(hereinafter called "County").
WITNESSETH:
WHEREAS, to promote the safety of the citizens of Weld County and other members of
the travelling public, County has undertaken the construction of a public improvement project,
known as the WCR 80/37 Intersection Project, (hereinafter the "Project"), and
WHEREAS, to construct the Project, County has acquired property rights from private
property owners to utilize as WCR 37 right-of-way, and
WHEREAS, CenturyLink owns a 15 foot permanent easement (Easement) and a 50 pair
telephone line currently located outside of the WCR 37 right-of-way on the Waag properties, and
WHEREAS, the property burdened by the Easement is within the WCR 37 right-of-way
being acquired to complete the Project, and
WHEREAS, CenturyLink is willing to relocate the existing 50 pair telephone line located
in the future WCR 37 right-of-way and abandon its Easement to facilitate the construction of the
Project, and
WHEREAS, County is willing to acquire a replacement easement and reimburse
CenturyLink for the expenses it will incur as a result of the relocation of its 50 pair telephone line.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. CENTURYLINK RIGHTS AND RESPONSIBILITIES
1. CenturyLink 50 Pair Telephone Line Relocation: CenturyLink shall relocate the
existing 50 pair telephone line outside the boundaries of the Project. The existing telephone line
shall be removed and relocated to the permanent easements after acquisition by the County on
CenturyLink's behalf. All work necessary to accomplish the CenturyLink relocation shall be
performed in accordance with CenturyLink's specifications, in accordance with accepted
engineering practices, and in compliance with all applicable Weld County, State of Colorado and
Federal laws, rules and regulations.
2. CenturyLink 50 Pair Telephone Line Relocation Not to Conflict with Improvements:
CenturyLink agrees that the new location of the relocated telephone line shall not conflict with the
7
proposed roadway improvements or other utility relocations as depicted on Exhibit A (Project
Diagram).
3. CenturyLink Vacation/Abandonment of Existing Easement: CenturyLink's Easement
(which was recorded on March 14, 1991 as Reception Number 2243867) shall automatically be
deemed vacated and abandoned upon execution and recordation of the replacement easement(s)
described and depicted in Exhibit C.
4. Timing of Relocation: CenturyLink shall complete the relocation and removal of the
existing facilities between August 1, 2021 and November 1, 2021. In the event that it is not
possible to relocate the facilities by the due date, CenturyLink shall notify Weld County of the
potential delay. Weld County may extend the deadline provided the new deadline does not impact
Weld County's construction schedule.
5. CenturyLink Responsible for Traffic Control: Throughout the relocation process,
CenturyLink agrees that it shall be responsible for coordination of traffic control if necessary and
as established by the latest version of the "Manual on Uniform Traffic Control Devices"
(MUTCD).
6. CenturyLink Shall Obtain Permits: CenturyLink shall obtain all necessary permits from
County required for its relocation work.
7. Reliance on CenturyLink Expertise: The County and CenturyLink recognize that the
County is relying solely on CenturyLink to perform the relocation of the 50 pair telephone line in
a manner which will ensure the future integrity of the road improvements to be constructed by the
County. Therefore, as part of its assurances under this Agreement, CenturyLink affirms that it has
enough liability insurance, to satisfy any claim of negligence, intentional wrongful acts or other
acts or omissions which may arise because of any failure of the road caused by an improper
relocation of the facility.
8. CenturyLink Warranty: CenturyLink warrants that all work performed under this
Agreement will be performed in a manner consistent with the professional standards governing
such work and the provisions of this Agreement and shall conform to the performance standards
and requirements set forth herein and in the Exhibits.
9. CenturyLink's Responsibility to Indemnify and Additional Agreements: CenturyLink
shall defend and indemnify County from and against loss or liability to the extent arising from its
acts, errors or omissions in seeking to perform its obligations under this Agreement. CenturyLink
is liable for any damage to any third parties to the extent caused by their relocation work, including
but not limited to, damage to agricultural or other infrastructure. Notwithstanding the foregoing,
CenturyLink's obligations and liability in this section shall not apply to any loss or damage to the
extent caused by the County's willful or wanton acts or omissions.
II. COUNTY RIGHTS AND RESPONSIBILITIES
7
1. Estimates of Relocation Expenses: County has agreed to reimburse CenturyLink for the
expenses incurred in fulfillment of its obligations under this Agreement as set forth in Exhibit B,
estimated to be $46,000.00.
2. Increases/Decreases in Estimated Expenses: CenturyLink has estimated the total cost
of said relocation, which includes specific work outlined in the Exhibit B. If final actual costs of
relocation are less than the estimated amount, CenturyLink shall invoice the County for the actual
costs only. If the final relocation costs exceed the attached Exhibit B, County shall pay those
reasonable additional expenses up to a maximum of an additional five percent (5%).
3. County to Stake Right -of -Way and Easements: County shall establish and stake the
County right-of-way within the work area prior to relocation of the 50 pair telephone line. County
shall verify the relocation to confirm that said relocation is sufficiently clear of Project construction
work.
4. County's Right to Terminate: The County may terminate this Agreement at any time
prior to CenturyLink's commencement of relocation construction. In such an event, the County
shall pay CenturyLink for all expenses which were incurred by CenturyLink related to the Project,
including but not limited to engineering, materials, equipment, surveying, crop damages, right-of-
way payments, paid for by CenturyLink, prior to the date of termination.
5. County to Provide Replacement Easement: The County has agreed to purchase the
replacement easement(s) for the benefit of CenturyLink as depicted in, and subject to the terms
provided in, Exhibit C. County shall provide such replacement easement(s) on or before August
1, 2021. If County is unable to provide such replacement easement(s) by that day, the parties agree
to negotiate an extension of time for CenturyLink to complete the relocation described above.
III. MISCELLANEOUS
1. Board of 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. Time of the Essence: Time is of the essence in each and all the provisions of this
Agreement.
7
5. Fund Availability: This Agreement assumes that the relocation of the facility and
flowlines will be completed on or before November 1, 2021. Financial obligations of the Board
of County Commissioners of Weld County payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. By execution
of this Agreement, County does not warrant that funds will be available to fund this Agreement
beyond December 31, 2021.
6. 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.
7. Attorney Fees/Legal Costs: In the event of a dispute between County and CenturyLink,
concerning this Agreement, the parties agree that neither CenturyLink nor Weld County shall be
liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf
of the other party.
8. Subrogation Waiver: All insurance policies required to be maintained under the terms of
this Agreement or which are in any way related to this Agreement which are secured and
maintained by CenturyLink shall include clauses stating that each carrier shall waive all rights of
recovery, under subrogation or otherwise, against County, its officers, employees, agents, or
volunteers.
9. 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.
QWEST C •,;S;'• RATION /a CENTURYLINK QC
By:
Title:
Date
Lz/
BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL COUNTY, COLORADO
W.404)` 1
Weld C
B
Deputy Clerk t , the B
ve Moreno, Chair 'JUL 1 9 2021
EXHIBIT A
PROJECT DIAGRAM
7
CALL tJTiLIT-Y NOTIFICATION
CENTER OF COLORADO
0
CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG. GRADE OR EXCAVATE
FOR THE MARKING of UNDERGROUND
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PARCEL NO. 07 07 13000057
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(BEGIN TELEPHONE LINE
REMOVAL BY CENTURY LINK)
STA- 15+09-81
OFF: 13 2' LT
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N: 145167296
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BEGIN ROAD REMOVAL
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OWNER: DARRELL FRANK WAAG
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ENGINEERS.SURVEYORS
710 11th Avenue
GREELEY. CO 80631
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7
As Constructed
UBLICWORKS DEPARTMEP.
1111 H STREET
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REMOVAL PLAN WCR 37
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As Constructed
PUBLIC VvORKS DEPARTMENT
1111 H STREET
P O BOX 758
GREELEY. CO 80632.0758
PHONE (970) 356-4000
FAX (970) 3046497
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Index of Revisions
`? it to
Crntsnents
I n itiak
DREXEL. BARRELL & CO
ENGINEERS -SURVEYORS
710 11th Avenue
GREELEY. CO 80631
DBC
Oro t. n l roil t'. Co.
WELD COUNTY
7
As Constructed
iWIC WORKS DEPARTMEN1
1111H STREET
P.O 80X 758
GREELEY. CO 80632.0758
PHONE (970) 356-4000
F AX (970) 304.6497
No Re,.'stens
WCR 80 & 37 INTERSECTION
REMOVAL PLAN WCR 37
Project No /Code
GR-60
Rev r 1x1
Void
Des►gner
Detadet
MAR
IFOR CONSTRUCTION
VCR $7 $TA' 12.23 • d5+Q'i
21415-00 GRTR
Shed Subset
REMOVAL Sheet
11 OF 11
Sheet Numbei 33 OF 215
EXHIBIT B
ESTIMATE FOR RELOCATION OF 50 PAIR TELEPHONE LINE
Task Description
Cost
Engineering Design
$14,473
Construction
$29,235
Subtotal
$43,708
5% Contingency
$2,185
Total
$45,893
Total (Rounded)
$46,000
Note: In order to get reimbursed, itemized invoices showing each of the above items shall
be provided.
7
EXHIBIT C
CENTURYLINK EASEMENT DOCUMENTS
7
After recording please return to:
Stephanie Canary
CenturyLink
1025 Eldorado Blvd.
Broomfield, CO 80021
Prepared by:
Short Elliot & Hendrickson
Attention: Kevin J Martin, P.L.S. 38580
2000 S Colorado Blvd
Suite 6000
Denver, CO 80222
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT FOR WAAG 006 -PE
The undersigned ("Grantor"), for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, hereby grants and conveys to Qwest Corporation d/b/a CenturyLink
QC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"),
having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction
Services, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair,
expand, replace and remove a communication system that Grantee from time to time may
require, consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing
boxes, vaults, surface location markers, equipment cabinets and associated wooden or concrete
pads, aerial lines, poles and cables, and other facilities and structures, including utility service
if required to operate such system, facilities and structures (collectively, the "Facilities") over,
under and across the following property located in the County of WELD, State of COLORADO,
which Grantor owns ("Easement Tract"):
SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY
THIS REFERENCE MADE A PART OF, THIS AGREEMENT
Grantor further grants and conveys to Grantee the following incidental rights:
(1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract;
and
(2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use
and enjoyment of the Easement Tract.
Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not
materially interfere with the rights granted in this Easement Agreement. Grantor will not erect
any structure or plant trees or other vegetation within the Easement Tract and will not alter the
surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement
Tract by grading or otherwise excavating, without Grantee's written consent.
7
Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the
Easement Tract against all claims. Grantee will have no responsibility for environmental
contamination unless caused by Grantee
The rights, conditions and provisions of this Easement Agreement will run with the land and will inure
to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
Executed by Grantor this day of
GRANTOR:
Printed Name:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20, by , and such person duly acknowledged the signing of the same
to be his/her act and deed.
My commission expires:
WITNESS my hand and official seal.
Notary Public
(SEAL)
7
EXHIBIT A
PERMANENT EASEMENT ACQUISITION
A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4,
as described under Reception Number 4184173, recorded February 29, 2016, Weld County
Records, described as follows:
Commencing at the northwest corner of said Section 19;
thence S88a51'45"E, 60.04 feet, along the south line of that 30 foot wide Right of Way Agreement,
as described under Reception Number 34283, Weld County Records, the Point of Beginning.
thence S88°51'45"E, 15.00 feet, along said south line;
thence S00°30'49"E, 84.27 feet;
thence S50°39'12"1,19.24 feet;
thence Soo°31'23"E, 492.63 feet;
thence S89°28'37"W, 30.00 feet, to the east line of that 60 foot wide Right of Way
Agreement, as described in Book 4, Page 114, Weld County Records;
thence N00°31'23"111, 15.00 feet, along said east line;
thence N89°28'37" E, 15.00 feet;
thence N00°31'23"W, 484.82 feet;
thence N50°39'12"E, 19.25 feet;
thence N00°30'54"W, 77.51 feet, to said south line, the Point of Beginning.
Also known by street and number as: 38854 County Road 37, Ault Co.
Containing 9,169 square feet (0.210 Acres) more or less.
Basis of Bearings for above description: All Bearings herein are
based on the North line of the Northwest Quarter of Section 19, Township
7 North, Range 65 West, 6th Principal Meridian, bearing South 88051145"
East, with the North 1/4 Corner of said Section 19 being monumented by
a 3-25" aluminum cap, stamped PLS 38149, and the Northwest
Corner of sa d Section 19 being monumented by a 2-112'
aluminum cap in a box, stamped LS 30462, 2001.
KEVIN J. MARTIN P.LS 38580
Prepared for and on behalf of
Short Elliot & Hendrickson
2000 S. Colorado Blvd., Suite 6000
Denver CO, 80222
PERMANENT EASEMENT
ACQUISITION
0O3 -PE
DARRELL FRANK WAGG
WELD COUNTY, COLORADO
•
a!
. 8 611 •' a
7
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCRSO&WCR37
INTERSECTION PROJECT
PROJECT NO: GR-60
SCALE: 1' = 200'
DATE:1/27/2021
DRAWN BY: KIM
1
SHEET 1 47f 2
After recording please return to:
Stephanie Canary
CenturyLink
1025 Eldorado Blvd.
Broomfield, CO 80021
Prepared by:
Short Elliot & Hendrickson
Attention: Kevin J Martin, P.L.S. 38580
2000 S Colorado Blvd
Suite 6000
Denver, CO 80222
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT FOR WAAG 007 -PE
The undersigned ("Grantor"), for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, hereby grants and conveys to Qwest Corporation d/b/a CenturyLink
QC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"),
having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction
Services, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair,
expand, replace and remove a communication system that Grantee from time to time may
require, consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing
boxes, vaults, surface location markers, equipment cabinets and associated wooden or concrete
pads, aerial lines, poles and cables, and other facilities and structures, including utility service
if required to operate such system, facilities and structures (collectively, the "Facilities") over,
under and across the following property located in the County of WELD, State of COLORADO,
which Grantor owns ("Easement Tract"):
SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY
THIS REFERENCE MADE A PART OF, THIS AGREEMENT
Grantor further grants and conveys to Grantee the following incidental rights:
(1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract;
and
(2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use
and enjoyment of the Easement Tract.
Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not
materially interfere with the rights granted in this Easement Agreement. Grantor will not erect
any structure or plant trees or other vegetation within the Easement Tract and will not alter the
surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement
Tract by grading or otherwise excavating, without Grantee's written consent.
7
Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the
Easement Tract against all claims. Grantee will have no responsibility for environmental
contamination unless caused by Grantee
The rights, conditions and provisions of this Easement Agreement will run with the land and will inure
to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
Executed by Grantor this day of
GRANTOR:
Printed Name:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , and such person duly acknowledged the signing of the same
to be his/her act and deed.
My commission expires:
WITNESS my hand and official seal.
Notary Public
(SEAL)
7
EXHIBIT A
PERMANENT EASEMENT ACQUISITION
A Parcel of land lying in the southwest one -quarter (SW1/4) of Section 18, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 1,
as described under Reception Number 4184173, recorded February 29, 2016, Weld County
Records, de scri bed as follows:
Commencing at the southwest corner of said Section 18;
thence S86'51'45"E, 74.17 feet, along the south line of the southwest one -quarter of said Section
18;
thence N01 °08'15"E, 30.00 feet, to the north line of that 30 foot wide Right of Way Agreement, as
described under Reception Number 34283, Weld County Records, the Point of Beginning.
thence NOO°30'49"lit, 431.64 feet;
thence N45°30'49, 42.43 feet;
thence S8929'11 "W, 15.00 feet, to the east line of that 60 foot wide Right of Way
Agreement, as described In Book 5, Page 290, Weld County Records;
thence Soo°30'49"E, 6.21 feet, along said east line;
thence S45i°30'49"E, 42.43 feet;
thence Soo°30'54"E, 425.00 feet to said north line;
thence S88°'51'45"E, 15.00 feet, along said north line, to the Point of Beginning.
Also known by street and number as: Vacant Land, Ault Co.
Containing 7,106 square feet (0.163 Acres) more or less.
Basis of Bearings for above description: All Bearings herein are based
on the South line of the Southwest Quarter of Section 18, Township7 North,
Range 65 West,6th Principal Meridian, bearing South 88°51'45" East, with
the South 1/4 Corner of said Section 18 being monumented by a 3-25"
aluminum cap, stamped PLS 38149, and the Southwest Corner of said
Section 18 being monumented by a 2-1/2" aluminum cap in a box,
stamped LS 30462, 2001.
KEVIN J. MARTIN P.L.S 38580
Prepared for and on behalf of
Short Elliot & Hendrickson
2000 S. Colorado Blvd., Suite 6000
Denver CO, 60222
PERMANENT EASEMENT
ACQUISITION
007A -PE
DARRELL WAGG
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 80 & WCR 37
INTERSECTION PROJECT
PROJECT NO: GR-&)
SCALE: 1' = 200'
DATE:1/27/2021
DRAWN BY: K,1M
SHEET 1 of 2
7
New Contract Request
Entity information
Entity Name Entity ID*
CENTURYUNK COMMUNICATIONS LLC g00042358
Contract Name*
CR 80 AND CR 37 RELOCATION AGREEMENT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4999
Contract Lead*
CKIMMI
Contract Email
CKimmi,@co.welci.co.us
Parent Contract ID
Requires Board
YES
Department Project if
GR-60
Contract Description *
RELOCATION AGREEMENT TO REIMBURSE CENTURYLINK FOR THE RELOCATION COSTS OF MOVING A 50 PAIR TELEPHONE
LINE AND FIBER OPTIC LINE INTO A NEW EASEMENT ON THE CR 80 AND CR 37 PROJECT
Contract Description 2
Contract Type
AGREEMENT
Amount*
$46,000.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
e
CM -
Requested BOCC Agenda
Date*
07:12:2021
Due Date
07=08;2021
Will a work session with BOCC be required?*
PublicWorksg,weldgov.corn HAD
Dew runt Head Email
CM-PublicWorks-
De pt H e ad Live l d g ov. c o m
County Attorney
GENERAL COUNTY
A I I ORNEY EMAIL
County Attorney Email
CM-
COUNTYAI iORNEYgWELDG
OV.COM
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If 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 Dates
Effective Dale Review Date* Renewal Date
07.301,2021
Termination Notice Period
Committed Delivery Date
Expiration Date a
12 31 2021
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
07'12'2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07?19,2021
Originator
CKIMMI
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
07;` 13 2021 07 13 s 2021
Tyler Ref #
AG 071921
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