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Home My WebLink About20203754.tiffRESOLUTION RE: APPROVE EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR MEAD GRADER SHED AND AUTHORIZE CHAIR TO SIGN - LITTLE THOMPSON 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 an Easement and Right -of -Way Agreement for the Mead Grader Shed (5698 County Road 34, Mead) 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 Little Thompson Water District, 835 East Highway 56, Berthoud, Colorado 80513, 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 Easement and Right -of -Way Agreement for the Mead Grader Shed (5698 County Road 34, Mead) 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 Little Thompson 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 16th day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAtiv Weld County Clerk to the Board o my A : rney Date of signature: 12/-3/ Mike Freeman, Chair Steve ' oreno, Pro -Tern 2020-3754 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 December 8, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Mead Grader Shed Water Line Easement Weld County is constructing a new Grader Shed complex at 5698 County Road 34, Mead, CO. As part of the construction, Little Thompson Water District needs an easement to install the water line to the building. The attached documents contain the easement and right of way agreement as well as survey. Buildings & Grounds is recommending approving and signing the attached documents for this easement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2020-3754 8GoOa Easement and Right of Way Agreement This Easement and Right of Way Agreement, made and entered into as of the ( CO day of _December_, 2020 by and between _Weld County hereinafter called "Grantor" (whether grammatically singular or plural), and the LITTLE THOMPSON WATER DISTRICT, a quasi -municipal corporation, 835 East Highway 56, Berthoud, Colorado 80513, hereinafter called the "District." For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the District, its successors and assigns, the sole, exclusive and permanent right to enter, re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace, remove and operate one or more lines for the transmission, distribution and service of water, and all underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs and other fixtures, over, across, under and upon the following described land, situate in the County of Weld , State of Colorado, to wit: PT NE4 13-3-68 LOT A AMD REC EXEMPT AMDR E-3776 (2.25R) County Recorded WELD Book Page Reception Number 4450368 Section 13 Township 3N Range 68W The easement and right of way shall be 20 feet wide. a 0,- U - 7 ( eq) IOa y`� O• LLo NET • pp dNOY_ Nu ZE AugN a cco o is w _ W N GRANTOR FURTHER GRANTS TO THE DISTRICT: (a) The right to grade the strip of land for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside the strip to the extent as the District may find reasonably necessary; (b) The right to support the pipelines across ravines and water courses with such structures as District shall deem necessary; (c) The right of ingress to and egress from the strip over and across the land by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the land which is isolated from the strip by any public road or highway now crossing or hereafter crossing the land; provided, further, that if any portion of the land is or shall be subdivided and dedicated roads or highways on such portion shall extend to the strip, the right of ingress and egress on the portion shall be confined to such dedicated roads and highways; (d) The right of grading for, constructing, maintaining and using such roads on and across the lands as the District may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (f) The right to mark the location of the strip by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip; (g) All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. GRANTOR HEREBY CONVENANTS AND AGREES: (a) That Grantor shall not erect or place any permanent building, structure, improvement, or tree on the described easement; and the District shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. (b) Grantor shall not diminish the ground cover over the water lines and shall not substantially add to the ground cover over the water lines or their appurtenances. (c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the District. (d) Grantor warrants that Grantor 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 and clear of encumbrances and liens of whatsoever character, except the following: LTWD Form 200 Page I of 3 02,0e29 —37 DISTRICT: t_} STATE OF COLORADO } COUNTY OF WELD The foregoing instrument was acknowledged before me this 16th day of December by Mike Freeman, BOCC Chair CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE 01- COLu'r tADO NOTARY ID 2U144U48044 MY COMMISSION EXPIRES DEC. 19, 2022 LTWD Form 200 as Grantor. By and Between the District and: WELD COUNTY THE DISTRICT HEREBY COVENANTS AND AGREES: (a) The District shall not fence or otherwise enclose the strip, except during periods of construction and repair. (b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly backfilled and as much, of the original surface soil as possible shall be place 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 said land by Grantor shall be suitable for the purpose now used. The District will maintain the trench area and buried water pipeline during installation. Reinstallation and maintenance of said waterline; (c) In the event that the above -described lands are being used for grazing purposes, the District agrees that during the period of construction of the pipeline hereunder, or any subsequent altering, removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said right-of-way strip for the cattle and livestock of Grantor and his tenants and lessee. Further whenever it becomes necessary for the District, its agents or contractors to cut a fence on the above -described lands. The District agrees, at its option, either to keep the gap closed or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock through such gap or to construct at such place or places substantial gates with dual locks and furnish Grantor with one set of keys thereto. Before any such fence is cut by the District, the same shall be braced in order to prevent slackening of the wires along with fence in each direction from the District's temporary gap. (d) In the event that the above -described lands are being used for the growing of a crop which requires irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise provided for to install and operate flumes or appropriate crossing devices across the right-of-way at all times during such construction operations. The District further agrees, unless otherwise provided for, not to block, dam or obstruct in any manner in a irrigation canal, drainage ditches, creeks located on said lands, and also agrees to replace or repair any levees or banks disturbed or damaged by the District's operations on said lands. (e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused by any wrongful exercise of the rights of ingress and egress or by wrongful or negligent act or omission of or of its agents or employees in the course of their employment. IT IS MUTUALLY AGREED BY THE PARTIES: (a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the District. (b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this I cot day of Oece,nn bey' , 2000. GRANTOR: Miele Freeman ,BOCC Ch�i,�z -7 G. ,20 20 Cheryl Lyn rt�Tiofgman, 1 ary My Commission expire: /19/2022 Page 2 of 3 a0�o-75174 STATE OF COLORADO } COUNTY OF L .Ct i I t 1 1� _ S_ 0 3 v i c '� •3__ A o ail M.0 th o i -m. 4;a• A� N• NN® a 03No� 'r IO• NS iO\L= ION :tj ▪ -•0 The foregoing instrument was acknowledged before me this by V % ZLt '>E' v y\o,)„0,\Iko.A 1 , as Thompson Water District, a quasi -municipal corporation. HOLLY SUESS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954019361 MY COMMISSION EXPIRES MAY 13, 2021 {Notary Seal} N6tkry Public day of kJ( -c(.1,‘ A JOB , 20 E.` of the Little My commission expires: LTWD Form 200 Page 3 of 3 EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR NEW MEAD GRADER SHED WATER LINE - LITTLE THOMPSON WATER DISTRICT APPROVED AS TO SUBSTANCE: Elected Offf ial or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: 'PS ev1/44,./4, County Attorney EXHIBIT A LEGAL DESCRIPTION A 20.00 FOOT WIDE STRIP OF LAND BEING A PART OF LOT A AMENDED RECORDED EXEMPTION NO. 1207-13-1- AMRE-3776 AND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A, AMRE-3776, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 TO BEAR NORTH 89°34'34" EAST WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO; THENCE NORTH 89°34'34" EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, SAID LINE ALSO BEING THE NORTH LINE OF SAID LOT A, AMRE-3776, A DISTANCE OF 363.22 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°49'46" EAST A DISTANCE OF 94.89 FEET; THENCE SOUTH 01°56'33" WEST A DISTANCE OF 94.15 FEET TO THE POINT OF TERMINATION, WITH THE SIDELINES OF SAID EASEMENT BEING LENGTHENED, OR SHORTENED, AS NECESSARY. THE STRIP OF LAND DESCRIBED ABOVE CONTAINS 3,781 SQUARE FEET (0.09 ACRES), MORE OR LESS. SURVEYOR'S CERTIFICATE I, ROBERT THOMAS, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY ME OR UNDER MY PERSONAL SUPERVISION, AND THAT IT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. OB MAS DATE PLS 38353 FOR AND ON BEHALF OF THOMAS LAND SURVEYING, LLC PREPARED BY: THOMAS LAND SURVEYING, LLC. 2619 WEST 11TH STREET RD. SUITE 24 GREELEY, COLORADO, 80634 TELEPHONE: (970) 304-0984 PAGE 1 OF 2 2011.022 WERNSMAN LOT A AMRE-3776 WATERLINE EASEMENT EXHIBIT EXHIBIT A NORTH QUARTER CORNER SECTION 13, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., FOUND 212" ALUMINUM CAP LS 28656 IN RANGE BOX WATER VALVE N 89°34'34" E NORTHEAST CORNER SECTION 13, TOWNSHIP 3 NORTH. RANGE 88 WEST OF THE 61H P.M., FOUND 217 ALUMINUM CAP LS 23500 IN RANGE BOX 2676.02'_ _ _ WQ.. 4 982.50' \ -71\`�� _ _ ,93.52'_ 363.22' P.O. J CENTERLINE NORTHWEST CORNER q EASEMENT WATER LOT A, AMRE-3776 sSO�gAag 10' 10' METER \ • IVI2xJ ``\ Cl‘ 56 3" 9FIRE Q' P.O.T. HYDRANT 200 0 1 INCH = 200 FEET SURVEYOR'S CERTIFICATE 200 LOT AMRE-3776 NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN DESCRIPTION SUPERSEDES THE EXHIBIT DRAWING. I, ROBERT THOMAS, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY ME OR UNDER MY PERSONAL SUPERVISION, AND THAT IT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE ROBERT D. THOMAS PLS 38353 FOR AND ON BEHALF OF THOMAS LAND SURVEYING, LLC PREPARED BY: THOMAS LAND SURVEYING, LLC. 2619 WEST 11TH STREET RD. SUITE 24 GREELEY, COLORADO, 80634 TELEPHONE: (970) 304-0984 PAGE 2 OF 2 2011.022 WERNSMAN LOT A AMRE-3776 WATERLINE EASEMENT EXHIBIT Hello