The URL can be used to link to this page

Browse Search

Home My WebLink About20203117.tiffRESOLUTION RE: APPROVE GRANTING PERMANENT RIGHT-OF-WAY UTILITY EASEMENT FOR PARCEL #030312200023 AND AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Permanent Right -of -Way and Utility Easement for Parcel #030312200023 from 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, to Poudre Valley Rural Electric Association, Inc., with further terms and conditions being as stated in said easement, and WHEREAS, after review, the Board deems it advisable to grant said easement, 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 granting the Permanent Right -of -Way and Utility Easement for Parcel #030312200023 from 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, to Poudre Valley Rural Electric Association, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D., 2020. ATTEST: dadtodo `d1o;tik Weld County Clerk to the Board ounty orney Date of signature: )O/at/2o BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ` rin Mike Freeman, Chair Pro-Tem Stev a oren arbara Kirkm Kevin D. Ross cc : 8&(TT/SG) iI/aill2O 2020-3117 BG0022 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 14, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Law Enforcement - Utility Easement Weld County purchased properties between Nunn and Carr to support a new Law Enforcement Training site. In addition, the adjacent Weld County properties will support a future Rail Facility and Gravel Mining operation. To install the three-phase power that will be needed to support these operations, a 20 -foot utility easement for Poudre Valley Rural Electric Association is needed. Attached are the two agreements to establish these easements to the County properties as shown in Exhibit A electric poles 1 through 12. Buildings & Grounds is recommending approval of these easements to provide power to the sites. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2020-3117 POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that I X WELD COUNTY [PRINT FULL NAME(S) (SINGLE, JOINT, PARTNERSHIP, CORPORATION, INCORPORATED ASSOCIATION, OWNER)] is (are) the Owner(s) of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado cooperative association, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the undersigned: X AN EASEMENT 20 FEET WIVE, 10 FEET EACH SIDE OF POWER LINE CENTER X AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER #202214 X RECEPTION No. 4553220 County WELD, Parcel 0301220002,1 X Township 1QN, Range 12W, Section 12; for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or system, including without limitation poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults, transformers, pads, and enclosures, on, over or under the above-described lands; A. And for the purposes of cutting, mowing, and trimming, from time to time, trees, bushes and shrubbery located within 18 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other facilities of the Association or its assigns. B. The undersigned agrees to keep the area within 10 feet of the centerline of said underground or overhead electric line or system clear of buildings, structures, piles of earth, rubbish, debris or other substances or materials, and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems. C. And grants to the Association and its assigns the right of access for ingress and egress over the lands above-described and the right to use the roads or trails, whether public, private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed from time to time. D. And further agrees that all facilities installed by or for the Association shall remain the property of the Association, removable at the option of the Association. E. And further grants to the Association and its assigns the right to use the easement for communication purposes for the Association and for other users including fiber optic facilities, wireless transmitters and receivers and phone line carrier equipment and other communications equipment of any kind. F. And shall not grant any other easement right-of-way, permit or license upon, under or over said property without the written consent of the Association, which consent shall not be unreasonably withheld. The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. G. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: MORTGAGE COMPANY NAME: N 1 A . -- 0 IN WITNESS WHEREOF the undersigned has set his hand and 19th October 20 0 pc g seal this day of , 20 CENG >,-- U (Owner) 0 _ o -r== Mike Freeman , (SAT/eel). U 2 (Owner) ® sN m • . (Signature) (Owner) 4 N it 3 STATE OF COLORADO } (Signature) O``' W -tea -r t 3 ) SS: rlav COUNTY OF WELD ) SEAL : al - go NEnair © The foregoing instrument was acknowledged before me this 19 tkc ay October , 20 20 . CL in. m - NV by Mike eeman , Chai , Board of Weld County Commissioners re m : � INI' OWNER(S) :CORI) NAME(S)1 � N a � co N o "r Notary Pub! c: i Commission Expires: 12 / 19 / 2022 terY � ., Y p d' N > Cheryl Lynn Hof r ' :: • ature ' 1 I' . 6HERYL LYNN HOFFMAN POUDRE VALLEYRI✓A NOTARY PUBLIC P.O. BOX 272550 STATE OF COLORADO FORT COLLINS, CO 80527 NOTARY ID 2014404 8044 MY COMMISSION EXPIRES DEC. 19, 2022 020020 / / 4644197 Pages : 2 of 2 10 / 27 / 2020 12 : 52 PM R Fee : $0 . 00 Carly Koppes , C lerk and Recorder , Weld County , CO WW VIII Kiri� �nl III : IR`, IiI i ` � iluci � � i � 'ii R lilliiiiy)! II II I Exhibit A fr i - -r.. i _ G Zi • • tr • 1 ID r -= I - s -- r - 1 Lib • TH: s i f 0 { 1 �, 1 h. eassissimisArti, Y «, Ilk i ti V •' j R60,1n elk CR 23 ,.„,..L.,....... +' O�a�7, � •----- esa •" - Ate..-. a . • , _ _ - 1 • '�. O' . - s. , y.' ' r •_ar , • �.IL.-w+. a .Ir wr !. �.a a . illlii. ‘isk. . i. •. • f tilt 0 ' .'. . _ r r• 5 { RE ; POUDRE VALLEY RURAL ELECTRIC ASSOCIATION , INC _ PERMANENT RIGHT-OF-WAY EASEMENT APPROVED AS TQ FyNDING : APPROVED A eTO SUBSTANCE :. J/f y 1/40 Controller /� � -£ 2'va,&fr Electec/ Ida ! or Department Head APPROVED AS TO FORM : , C:711,A,4) ,1414L County Attorney Hello