The URL can be used to link to this page

Browse Search

Home My WebLink About20170855.tiffRESOLUTION RE: APPROVE RIGHT-OF-WAY OPERATIONS AGREEMENT FOR HOKESTRA PIT AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY 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 a Right -of -Way Operations Agreement for the Hokestra Pit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Central Colorado Water Conservancy 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 Right -of -Way Operations Agreement for the Hokestra Pit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Central 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2017. ATTEST: ditittAd Weld County Clerk to the Board BY: puty Clerk to the Boar r APPR D A ounty Attorney Date of signature: (--t/ (31 Julie A. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ozad, Chair �Lrz..�•�— Steve Moreno, Pro-Tem F Sean P. Conway Freeman Barbara Kirk eyer CG � GGLCC3�3�, Ft/acTcow((,c) Oc-I /t30 2017-0855 EO0074 EXHIBIT A HOKESTRA RIGHT-OF-WAY OPERATIONS AGREEMENT This Right -of -Way Operations Agreement dated 7 OW 7 is by and between by and between the COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County," and the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, whose address is 3209 W. 28th Street, Greeley, Colorado 80634, hereinafter referred to as "Central." Weld County and Central may be referred to herein as "the Parties." WITNESSETH Whereas, Central has purchased property from Weld County located in Section 2, Township 2 North, Range 68 West of the 6th P.M. in Weld County, Colorado, and Section 35, Township 3 North, Range 68 West of the 6th P.M. in Weld County, Colorado, described in "Exhibit A," attached hereto and incorporated into this Agreement ("the Property"); and Whereas, the Property is the location of an active gravel mine and water storage facility named the "Hokestra Pit"; and Whereas Weld County owns a right-of-way for pedestrian and bicycle access which crosses the Property, which is also described in Exhibit A ("Right -of -Way"); and Whereas, the Parties wish to set forth the teiiiis under which the right-of-way can be maintained for activities and uses by the Parties and the general public. NOW, THEREFORE, in consideration of the mutual promises of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Whereas clauses are incorporated herein. 2. Weld County, its contractors, assignees, or other parties with authority to do so may enter the Right -of -Way at any time to construct, install, maintain and repair the following items (collectively, , the "Facilities"): 1) the paved right-of-way which is approximately ten feet in width, together with steps, railings, bridges and culverts, if any; 2) signs; and 3) fencing, gates, and barriers to control access. No other facilities such as, but not limited to, benches, picnic tables, wastebaskets, and bicycle racks may be installed in the Right - of -Way without the prior written consent of Central. Weld County may also enter the Right -of -Way for the purposes of removal of the Facilities in the event the right-of-way is ever vacated by Weld County. Maintenance activities may include sweeping, and 4430124 Pages: 1 of 6 09/11/2018 02:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1 1111 IIVcrtil: k l4ir !livi,IAilh0 iklhliVi illAii'llik 11111 2017-0855 EXHIBIT A mowing and trimming vegetation. Weld County's access to the Right -of -Way for the purposes described in this paragraph may include vehicular use. Weld County's use of herbicides, pesticides, or other toxic substances within the Right -of -Way shall be limited to those labeled for aquatic application and best management practices shall be followed. 3. Permitted Right -of -Way Uses: Use of the Right -of -Way by the public for walking, hiking, jogging, bicycling, horseback riding, bird watching, nature study, power -driven mobility devices for use by persons who have mobility impairments, and emergency vehicles in the case of emergency within the Right -of -Way. 4. Weld County shall give Central advance written notice of any of the following activities within the Right -of -Way: events such as runs or competitive races; programmatic use by schools, clubs or other groups; or any use of the Right -of -Way for purposes other than as a right-of-way for passage over the Property. 5. Central shall be entitled to use the Right -of -Way, but no use by Central may unreasonably interfere with the use of the Right -of -Way as a right-of-way through the Property. Central shall not construct any peunanent structures nor plant any trees, shrubs or other vegetation within the Right -of -Way. 6. At Central's request, Weld County shall install fencing along the boundaries of the Right - of -Way between the Facilities and the Hokestra Pit to prevent access to the Property, and shall install gates in the fencing to allow Central vehicular access across the Right -of - Way. Weld County shall also construct improvements to the Right -of -Way if necessary for vehicle crossings as requested by Central. All such fencing, gates, and improvements shall be constructed, installed, and maintained at Weld County's expense. 7. All costs and expenses associated with the Right -of -Way and Facilities are to be borne by Weld County. 8. Public Enters at Own Risk: Use of any portion of the Right -of -Way by members of the general public is at their own risk. Neither Weld County nor Central by entering into this Agreement assume any duty to or for the benefit of the general public for defects in the location, design, installation, maintenance or repair of the Facilities; for any unsafe conditions within the Right -of -Way; or for the failure to inspect for or warn against possibly unsafe conditions; or to close the Facilities to public access when unsafe conditions may be present. 9. In the event that the Right -of -Way is vacated by resolution of the Board of County Commissioners of Weld County, ownership of the Right -of -Way shall be conveyed by 4430124 Pages: 2 of 6 09/11/2018 02:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Nr rillkWI 1phi'hi" II III 2 EXHIBIT A Weld County to Central, and this Agreement shall terminate. In addition, Weld County shall remove the Facilities and restore the Property to its pre-existing condition to the extent feasible. 10. Notice. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given and effective when delivered by electronic mail, Express Mail, Federal Express, or like service, or on the third mail delivery day after it is deposited in the United States mail, postage prepaid by certified or registered mail, return receipt requested, addressed to the parties as follows: If to Central: Ground Water Management Subdistrict of the Central Colorado Water Conservancy District 3209 W. 28th Street Greeley, CO 80634 If to Weld County: Board of County Commissioners of the County of Weld P.O. Box 758 1150 O Street Greeley, CO 80632 11. This Agreement represents the complete agreement of the parties and no oral modification shall be effective. Any amendments or additions to the Agreement shall be made in writing and shall be signed by the parties hereto. NM 12. This Easement Agreement is binding on the parties and their successors in interest in ownership of the Property and the Right -of -Way. This Agreement will be recorded in the real property records of Weld County, Colorado, by Central. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date set forth above: m9 m3 ATTEST: e LL 0' Weld County did& oid40;e0k, Clerk to the Board L dw�v By. Dep.ty Clerk to the Board car NNa o '- -,. El - GI 7.: a mCI IN COUNTY OF WELD, a political subdivision of the State of Colorado Julie A. Cozad, Chai MAR 2 7 2017 Board of County Commi loners of the County of Weld 02,4i7 0t 3 EXHIBIT A STATE OF COLORADO COUNTY OF WELD Acknowledged before me this_ 27 lay of March , 2017, by Julie A. Cozad,, Chair, Board of County Commissioners of the County of Weld. WITNESS my hand and official seal. My Commission Expires: /a2//9/02 -1)//) - CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4430124 Pages: 4 of 6 09/11/2018 02:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII hUrJl4�� I I�Ia+i�'I4 k i 4�Lh14M' 'I'��'II 111 111 Notary Pub GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE 4 EXHIBIT A STATE OF COLORADO COUNTY OF WELD Acknow edge before me this day of 2017, by Ab1, as yi q for the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District by and through its Water Activity Enterprise. WITNESS my hand and official seal. My Commission Expires: TAMMY J RUSCH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134030345 MY COMMISSION EXPIRES MAY 13, 2021 4430124 Pages: 5 of 6 09/11/2018 02:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Eir r 1711' '�Lii 'hU�� N IkS4 ''ilk III III Notary Public 5 RE: AGREEMENT FOR HOKESTRA RIGHT-OF-WAY OPERATIONS APPROVED AS. TO SUBSTANCE: Elected Official or Department Head NAk Director of General Services APPROVED AS TO FUNDING: JO..Jao Controller APE 0 FORM: Attorney 4430124 Pages: 6 of 6 09/11/2018 02:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 l��. III Esther Gesick From: Sent: To: Cc: Subject: Chloe and Devin, Esther Gesick Monday, January 15, 2018 4:46 PM Chloe Rempel; Bruce Barker Cheryl Hoffman; Devin Traff; Chris D'Ovidio; Esther Gesick RE: Transfer of Lupton Meadows Ditch Stock Certificates 1) Bruce can correct me if I don't quite accurately capture this, but he and I just spoke and he indicated we do not need to have items #2017-0052 thru #2017-0586 recorded (which included the original documents with Central Colorado Water Conservancy District for the Purchase and Sale Agreement, Assignment of Water Shares, Mining Lease, ROW Operations Agreement, and Water Storage Agreement all dated 3/27/2017). Please proceed with finalizing distribution and filing. 2) Similarly the related Stock Assignment (#2017-3870, dated 11/13/17) does not need to be recorded. He also indicated that we may go ahead and release the original Stock Certificates that we have in our possession (No. 0475 = 18 shares; No. 0624 = 8 shares; and No. 0631 26 shares) to Devin to come and pick up, and Bruce is working on providing an Indemnification from the County for the 0.25 Share from the Slavic property, which will be the final piece to satisfy the obligations under the Bearson Court Decree and the resulting agreement between the County and Central. 3) On a separate item of business, but somewhat related is document #2017-1058, dated 4/17/2017, for the Four (4) Petitions for Class C Irrigation and Non -Irrigation Water Allotment Contracts with Central — please contact Lynn Kramer to see if the last two Contracts No. 1177 and No. 1178 have been signed. If so, we need to have the originals returned so we can have them recorded (perhaps not because it is required, but because the other two No. 1174 and 1175 were already recorded and we should stay consistent within this same document). 4) Accounting is copied on this message and is cleared to go ahead and make the necessary Banner entries and payments. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Monday, November 13, 2017 11:22 AM 1 To: Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Devin Traff <dtraff@weldgov.com> Subject: Transfer of Lupton Meadows Ditch Stock Certificates Bruce, Attached are the items we discussed this morning. I am hoping to close out 2017-0853 pending revisions regarding the Class C Contract and recording. If you would like that document recorded, then I believe I will also need to record 2017-3870. Esther will create new certificates once we have the go ahead from you. 2017-0853: Pending decision on Class C Contract and recording 2017-3870: 11/13 Consent Agenda Thank you! Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 M on q/`a5/ 1w] Chloe Rempel From: Sent: To: Cc: Subject: Bruce Barker Friday, April 14, 2017 9:38 AM Chloe Rempel; Don Warden; Barb Connolly Esther Gesick; Cheryl Hoffman RE: FINAL RESOS - 5 Agreements Not yet. I need to finalize some things on them regarding th Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Friday, April 14, 2017 9:15 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us>; Cheryl Hoffman <choffman@CO.WELD.CO.US> Subject: RE: FINAL RESOS - 5 Agreements Bruce, None of the five documents have been recorded, per your conversation with Esther and Cheryl. The documents have been finalized as they appear in the above attachments. Would you like me to have them recorded? Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 020/7- DW./ ./4/1-61' c, -,0/7- f54 6, Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Friday, April 14, 2017 8:33 AM To: Chloe Rempel <crempel@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnollv@co.weld.co.us> Subject: RE: FINAL RESOS - 5 Agreements Have these been sent to recording? We need to double-check to see they have all of their attachments. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Thursday, April 13, 2017 9:36 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Subject: FINAL RESOS - 5 Agreements Hello, Attached are the final resolutions signed by the Board of County Commissioners. Please forward as necessary. 2017-0852: Purchase and Sale Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2 r 2017-0853: Agreement for Assignment of Water Shares — Central Colorado Water Conservancy District 2017-0854: Mining Lease for Hokestra Property —Central Colorado Water Conservancy District 2017-0855: Right -of -Way Operations Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2017-0856: Agreement for Use of Water Stored in Koenig Reservoir —Central Colorado Water Conservancy District Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Hello