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Home My WebLink About20191722RESOLUTION RE: APPROVE AGREEMENT FOR VACATING PORTIONS OF UTILITY EASEMENT FOR COUNTY ROAD 13/34 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN - CENTRAL WELD COUNTY 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 Agreement for Vacating Portions of Utility Easement for the County Road 13/34 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 the Central Weld County Water District, 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 Vacating Portions of Utility Easement for the County Road 13/34 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 the Central Weld County 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 6th day of May, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtifed,O W ��;vi. EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk APP AS torney Date of signature: 6'13-1' i . James Steve Moreno �oie 10 4), 5/151tq 2019-1722 EG0076 /.0 tZ6.5-7 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Central Weld County Water District Agreement for WCR 13/34 Project DEPARTMENT: Public Works DATE: April 22, 2019 PERSON REQUESTING: Don Dunker and Michael Bedell Brief description of the problem/issue: The WCR.13/34 Intersection Improvements Project requires the County acquire additional right-of-way overlapping Central Weld County Water District utility easement adjacent to the east side of WCR 13 existing right-of-way. Public Works has determined that the 36" diameter water pipeline located within the CWCWD easement can be left in place. However, staff believes it is in the best interest of the County to have CWCWD vacate portions of their easement to unencumber the additional right-of-way, and to eliminate future liabilities which the County would have. Public Works and CWCWD have developed a proposed Agreement by which the County will provide compensation in exchange for vacating the designated portions of easement. The attached Agreement has been signed by CWCWD and has been reviewed by the County Attorney's Office. The proposed cost of the Agreement is $504,200.00. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Allow the attached Agreement to be placed on the next available BOCC agenda for signature. • Request a work session to discuss. Recommendation: Staff recommends approval of the Agreement as written. If approved by the BOCC this payment will be processed, and Public Works will file the documents required to ensure the easement has been vacated as described. Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Approve Recommendation W • rk Sessi n Other/Comments: Schedule Narec. . bbcc_ wcoes.V.- Slife."00.04 HE`O ort ( t' ‘41% w MA .LL aMev_s *C _4'T Y+AhRcPkg* . -DISC-USS\t,r4 "11144.- VU+tR.- 1644410. ACC.. ♦tAISTv,JCs' "t uS Co ^^a -)E. '�- o sloco ox,6i 6/2-09 CC: 0UICMeID ISQCM,GFC6b) 5/to/t9 2019-1722 EGoo1(D AGREEMENT FOR VACATING PORTIONS OF UTILITY EASEMENT BETWEEN CENTRAL WELD COUNTY WATER DISTRICT AND WELD COUNTY FOR THE WELD COUNTY ROAD13/34 INTERSECTION PROJECT THIS AGREEMENT, made by and entered into effective on the (� day of 2019, by and between CENTRAL WELD COUNTY WATER DISTRICT, a statutory spe al district and quasi -municipal corporation formed under the laws of the State of Colorado, located at 2235 2nd Avenue, Greeley, Colorado 80631, (hereinafter "CWCWD") and WELD COUNTY, COLORADO, 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 "County"). WITNESSETH: WHEREAS, for the safety of the travelling public, County has initiated a road improvements project at the intersection of Weld County Road 13 and Weld County Road 34, (hereinafter known as "Project") and WHEREAS, the completion of the Project requires that CWCWD leave in place certain underground water pipelines, and associated appurtenances, (hereinafter referred to as the "Facilities"), and WHEREAS, County has agreed to allow CWCWD's pipeline to remain in its current location and to purchase from CWCWD any rights or easements CWCWD currently has within the expanded Right of Way of this project, as outlined in Exhibit A, so that any future relocation of the pipeline will be at the sole and exclusive cost of CWCWD NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: I. CWCWD RESPONSIBILITIES 1. CWCWD Facilities: CWCWD's Pipeline shall be allowed to remain in place pursuant to this agreement. However, any future relocation of the pipeline shall be at the exclusive cost and responsibility of CWCWD. 2. CWCWD to Obtain Right -Of -Way Permit: CWCWD shall obtain a County Permit as required when performing and future maintenance or construction activities on any portion of their pipeline or associated facilities located within County Right -Of -Way. County shall waive the Right -Of -Way Permit fees for CWCWD when performing any future maintenance or construction activities for the pipeline and associated facilities which are affected by this Agreement and outlined in Exhibit A. 1 4487398 Pages: 1 of 4 05/07/2019 03:54 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I��lCw4��'44�I�h��t+�61�rYy4�MWiYhtik �I III aotq-�� as II. COUNTY RESPONSIBILITIES 1. Purchase of rights and easements of CWCWD: County shall purchase, for $504,200.00 all rights and easements held by CWCWD within the ROW of the project, as shown on Exhibit A. As part of this purchase, CWCWD, its successors and assigns, agree that any future relocation of the Pipeline shall be at no cost to the county. Further, that any such relocation in the future shall be done in cooperation with the County to minimize any safety risk or inconvenience to the travelling public. III. MISCELLANEOUS 1. Approval by Board of County Commissioners of Weld County: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. This Agreement shall not be valid until it has been approved by the Board of Directors of Central Weld County Water District. 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. 5. Fund Availability: This Agreement assumes that the terms of this Agreement will be completed on or before the end of the County's 2019 fiscal year. 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 the current fiscal year. By execution of this Agreement, CWCWD does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 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. 2 4487398 Pages: 2 of 4 05/07/2019 03:54 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I11PA KLI41ILai 'IIFV Ikkil iilliAlgh lOalik "Ill BY: 7. Attorney's Fees/Lesari Cosh: In the event of a dispute between County and CWCWD, concerning this Agreement, the parties agree that neither party 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. 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 §i24-10-101 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. CENTRAL WELD COUNTY WATER DISTRICT By: James W. Park, District Presidennt ATTEST- dj„�,/ J ; t1 BOARD OF COUNTY COMMISSIONERS Weld / lark to : card WELD COUNTY, COLORADO .4 di& -A' :174701". 4487398 Pages: 3 of 4 05/07/2019 03:54 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mike Freeman, Chair Pro-Tem 3 WAY ;F (` 2D19 � ii kirdnirr II �� ala p_...%•• 4 oAw IL 03 Soo mc,ID pi Q y rCD 7:3 4trn - o sir- se - Q IR_ n -mr- c c O 0 1 r EXISTING CWGWEs EASEMENT Computer File Information GreetonDate 1/3-/' 3 InUots MOL L:st Moe Oed Da:4 1 1/9/19 Intlals MDL FAQ rOw:LAC'% kGGiA01_s) 11K7'rifiTr3.N't+bw 'tC Aralt etI sn• Drawing ;de Name UT! TY-PROPOSED-V1CR 13-WCR34 _CVAC At torAD Verscin 2O17 Scab AS NOTED Urn') Er4 Ui 500 Feit EX7i31' 783' CWCWD :N COUNTY ROW EXISTING 36 INCH WATER CWCWD Index of Revisions 10124/18 SOUTH EAST ROW ADJ LEGEND WATER LINE w TELEPHONE LINE PROPOSED RIGHT OF WA V Or -NON SADI F BUTTE EASEMENT EA PUBLIC SERVICE EASE EXIST PUBLIC SERVICE EASE PROP KINDER MORGAN EASE EXIST MOUNT SATES EASE 'EXIST C .NTRAL. WELD EXIST EASE UTTLE TTHOMP PROP EASE ♦ -1-7.S. UNITED POWER EXIST EASE ,seeiSLACK HILLS EXIST EASE EXISTING CWCWD EASEMENT CWCWD SUMMARY LOCATION LENGTH IN OWN EASEMENT (FT) LENGTH IN COUNTY ROW (ET) STA 113+?0 TO STA 118+50 548 S ?A 118+501O STA 126+75 785 STA 126+75 TO STA 1454+10 1973 TOTAL 2521 785 WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET P U BOX 75$ LEY CO =VI • E (970) F (970; 304449? As Constructed No Re is ors Revised Void Project No /Code WCR 13 AND WCR 34 INTER. CWCWD WATER LINE EXHIBIT Detere- M LAPORTE Sheet bset Smog Suomi DCP PROPOSED EASEMENT BASS RES EXISTING EASE EXIST "Xi FENCES -A -)It -A SR P-31 5neet Nutter 1 of 1 I Hello