HomeMy WebLinkAbout20170821.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELEASE OF LIABILITY FOR ACCESS TO WELD
COUNTY PROPERTIES TO PERFORM SURVEYING AND AUTHORIZE CHAIR TO
SIGN - WILLIAM SHEEHAN
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 Release of Liability for
Access of Weld County Properties to Perform Surveying between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and William
Sheehan, commencing upon March 21, 2017, and ending April 4, 2017, 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 Release of Liability for Access to Weld County
Properties to Perform Surveying between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and William Sheehan, 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 22nd day of March, A.D., 2017, nunc pro tunc March 21, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.o.A.,O� xi,4D•(1
Weld County Clerk to the Board
BY G.
eputs Clerk to the Board
APP • • D AS T
ounty Attorney
Date of signature: CY-t /
Ju ie A. Cozad,(Chair
rbara Kirkmeyer,
Steve Moreno, Pro-Tem
cc = Ca -CFI)
OO-titQfl-7
2017-0821
CA0016
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Surveying on County Property
DEPARTMENT:
PERSON REQUESTING: Frank Haug
DATE: 3/16/17
Brief description of the problem/issue: DCP is asking for their consultant to be allowed to go onto county
property to perform some surveying. The property map is attached and near CR 52 and 61. It should not affect
the land as there is no digging or other work going on. The surveyor has signed the attached release to protect
the County from any liability.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Allow the surveyor to access County Property and authorize an agenda item and resolution authorizing
such access.
2. Not Allow the Surveyor to access the property.
Recommendation:
Mike Freeman, Chair
Sean P. Conway
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
Approve Schedule
Recommendation Work Session
orr
Other/Comments:
2017-0821
RELEASE OF LIABILITY
AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY
FOR ACCESS TO WELD COUNTY PROPERTIES TO PERFORM
SURVEYING
THIS RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND
INDEMNIFY, is signed by William Sheehan, an authorized agent for DCP Lucerne Plant 2. LLC
("Consultant").
Consultant will be performing the following task:
• Survey Alignment
• Location of Property Boundries
• Surface Inspection
• Ditch Location
• Surface Appertanince Location
Consultant will contact Weld County staff to schedule days needed for access to the site,
expected in late March (3/21/2017 to 4/4/2017).
In performing the Work, Consultant will be subject to the risks of physical strain and
injury normally associated with walking across uneven land surfaces. Consultant will be
required to comply with all rules, regulations and instructions of the Weld County Public Works
Department, and provides assurance that he or she is in sufficient physical condition to withstand
the anticipated physical strain associated with the Work, but acknowledges that injury could
occur nevertheless.
With such knowledge, the Consultant, on behalf of himself or herself, and on behalf of
his or her heirs, successors, and assigns, voluntarily releases and agrees to hold harmless and
indemnify the County of Weld; the Board of County Commissioners of County of Weld; and its
employees and officers (the "Releasees"), from any and all claims and liability, past, present or
future, for any injury or damage to Consultant or to his or her property, resulting from any cause
whatsoever occurring in the course of the Work, excepting only any such injury or damage
resulting from the willful and wanton acts of the Releasees. The Consultant also agrees to hold
harmless and indemnify the Releasees from any and all claims and liability, past, present or
future, for any injury or damage to third parties, resulting from the negligent or intentional acts
of the Consultant occurring in the course of the Work.
Consultant further understands and agrees that the Releasees may be immune to liability
pursuant to C.R.S., §§ 24-10-101, et. seq., by virtue of their governmental status. Consultant
acknowledges and agrees that this Release of Liability and Agreement to Hold Harmless and
Indemnify is not intended to circumvent or replace such immunities.
Page 1 of 2 Pages
By signing this Release and Agreement to Hold Harmless and Indemnify, the Consultant
acknowledges that he or she has read and understands all of the provisions stated herein.
Signed this 16 day of March, 2017.
D-
illiam heeh"3 as authorized agent for
DCP Lucerne Plant 2, LCC
SUBSCRIBED AND SWORN to before me this 16 day of March, 2017.
WITNESS my hand and official seal
Notary Public
My commission expires: 'f/to/to rk-
TROY R. SMITH
NOTARY PUBLIC
STATE OF COLORADO
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M COMMISSION EXPI Trn
Page 2 of 2 Pages
1
RE: RELEASE OF LIABILITY- WILLIAM SHEEHAN
ATTEST: da4410 Jello;tie
Weld nt Clerk to the Bard WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
VED AS
ANCE:
rk
Controller
Al/A-
APPROVED AS TO FORM:
y A ttorney
Ele -d Official or Department Head
Director of General Services
02A/ 7- 0 eat/
and seal the day and year first above written.
Signed in the Presence of
STATE OF COLORADO,)
COUNTY OF WELD Jss.
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ROOK 539
QUIT CLAIM DEED
,Q
Recorded_ APR 1 b 1965 at 1 J �eloelr ]i.
Reception No 1.461339 ANN SPOMER Recorder.
J -r1
Xlirtii Beth. Made this
day of March
in the year of our Lord one thousand nine hundred sixty-five
between E.P.E. Corporation, a Colorado Corporation
of the County of Weld , and the State of Colorado, of the
first part, and Weld County, a' political subdivision of the State of
Colorado,
of the County of Weld , and the State of Colorado, of the
second part; WITNESSETH, That the said part y of the first part, and for and in consideration of
the sum of
other valuable considerations and Ten ($10.00) Dollars,
to the said part y of the first part in hand paid by the said party of the second part, the re-
ceipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and
QUIT CLAIMED, and by these presents do es r8r8jclgase, sell, convey and QUIT CLAIM
unto the said part y of the second part, its/ iii an assigns forever, all the right, title, interest,
claim and demand which the said part y of the first part ha s in and to the following described
real estate situate, lying and being in the County of WELD and State of Colorado, to -wit:
A tract of land located in the Southeast Quarter (SE%) of the South-
west Quarter (SWI) and in the Southwest Quarter (SW of the South
east Quarter (SE ), all in Section 30, Township 5 North, Range 63
West of the 6th Principal Meridian in Weld County, Colorado, being
more particularly described as follows: Commencing at the south-
west corner of said Section 30 and considering the South line of
said Section 30 to bear North 90°00'00" East and with all other
bearings described herein relative thereto; Thence North 90°00'00"
East along the South line of said Section 30, 1,676.31 feet; Thence
South 00°00'00" East 30.00 feet; Thence South 90°00'00" East, 963.44
feet to the True Point of Beginning; Thence North 00°07'00" West,
280.79 feet; Thence South 78°38'30" East, 106.98 feet; Thence South
54°05'10" East, 301.65 feet; Thence South 67°25'20" East, 215.59
feet; Thence South 90°00'00" West, 547.69 feet to the True Point
of Beginning.
To Have and To Hold the same, together with all and singular the appurtenances and priv-
ileges thereunto belonging or in anywise thereunto appertaining, and ail the estate, right, title, in-
terest and claim whatsoever, of the said part y of the first part, either irbt3E aujwys to the only
proper use, benefit and behoof of the said party of the second part, its/ altar assigns forever.
IN WITNESS WHEREOF, The said part y of the first part ha s hereunto sg4 hand
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The foregoing instrument was acknordltitlged lore me
this .t e id day of March
!
Secreta+ oTt'he E.P.E. Corpora
Witness my hand and Official Seal.
My Commission Expires gal 6 /7 Ga
President and
, A. D.1965
on
,
?Tian; Public.
INDEXED
s,
CO
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