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Home My WebLink About20161738.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT FOR THE WELD COUNTY PARKWAY LNG FUELING STATION AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ROADIFER REVOCABLE LIVING TRUST 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 Concerning the Purchase of Permanent Easement for the Weld County Parkway LNG Fueling Station 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 Roadifer Revocable Living Trust, 3791 East 18th Street, Greeley, Colorado 80631, with 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 Concerning the Purchase of Permanent Easement for the Weld County Parkway LNG Fueling Station 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 Roadifer Revocable Living Trust be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. CC PwCPc/£R) -7/(9/9GIC0 2016-1738 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT FOR THE WELD COUNTY PARKWAY FUELING STATION - ROADIFER REVOCABLE LIVING TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Seact/ j,fp;ri Weld County Clerk to the Board BY: y Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: 7 f 7/ I G Mike Freeman, Chair Sean P. Conway, Pro o--Tem, Julie A7 Cozad arbara Kirkmeyeri Moreno c 2016-1738 EO0073 MEMORANDUM TO: Clerk to the Board DATE: May 31, 2016 FROM: Elizabeth Relford, Public Works Department SUBJECT: Agenda Item RE: Doc #2016-1212 Agreement for the Purchase of Permanent Easement for the Weld County Parkway LNG Fueling Station with the Roadifer Revocable Living Trust. M?FrancieVAGENDA memos Agenda -Elizabeth doc 2016-1738 AGREEMENT FOR THE PURCHASE OF PERMANENT EASEMENT FOR THE WELD COUNTY PARKWAY LNG FUELING STATION BETWEEN THE ROADIFER REVOCABLE LIVING TRUST, AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 25 ay of 2016, by and between the Roadifer Revocable Living Trust whose address is 3791 East 18th treet, Greeley. Colorado 80631 hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street. Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A", and WHEREAS, Owner owns real property depicted in the attached Exhibit "B", and WHEREAS, County has undertaken the construction of natural gas fueling station known as the 'Parkway LNG Fueling Station" (hereinafter referred to as "Project"). which will involve the installation of electrical powerlines and appurtenances, and WHEREAS. in order to construct the underground powerline, County finds it necessary to acquire a Permanent Easement on behalf of Poudre Valley Rural Electric Association (hereinafter referred to PVREA") across Owner's property, and WHEREAS, County shall pay Owner for cost of PVREA easement on behalf of PVREA; and WHEREAS. PVREA has issued Work Order Number #160322 in order to construct a 3 - Phase Junction Cabinet approximately 15' south of the existing switch gear and approximately 750' of underground powerline for the benefit of County within Permanent Easement to service the Project, and WHEREAS, Owner wishes to cooperate with County in said Project, NOW, TiEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: I. Owner agrees to sell and County agrees to purchase the Permanent Easement as depicted in Exhibit "B" provided by PVREA (a copy of which is attached hereto and made a part hereof by this reference). for the sum of Eight Hundred Sixty and no/100 Dollars, ($860.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Agmt for Purchase of a Perm. Easement-Immed. Possession Before Transfer Page I 4208666 Pages: 1 of 7 06/03/2016 11:59 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County. CO �u��1�1 }G+��I��'�U�� ril�: � 1�i�1'' �M�5:�4� till 2. Owner warrants that he/she/it is the owner of the property described Permanent Easement and will defend title thereto against all claims. 3. Owner agrees to grant the Permanent Easement in the form attached hereto as Exhibit C free and clear of all liens and encumbrances, except existing easements. 4. Owner shall retain the mineral estate under the Permanent Easement interests, and shall also retain any water rights currently attached to or associated with Permanent Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: I . County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Permanent Easement. 2. County shall pay all fees associated with recording this Agreement and/or the PVREA Easement form. 3. County shall pay Owner for the Permanent Easement upon execution of this agreement. 4. County or PVREA shall install yellow painted protective bollards around both existing and proposed above ground electrical facilities including the existing switchgear box and the 3 -phase junction cabinet. 5. County reserves the right to do an As -Built survey of the facilities to create an exhibit map to be recorded with "Exhibit C" (PVREA Easement form). MISCELLANEOUS: I . Although the date of the transfer of the Permanent Easement shall be the date of the closing, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County. shall have the irrevocable right to possess and use Permanent Easement for the purposes of constructing the Project, and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project. including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Permanent Easement as may be useful and necessary. This Agreement and the transfer of the Permanent Easement from Weld County to PVREA made pursuant to the terms herein, shall be binding upon. all and inure to the Agmt for Purchase of a Perm. Easement-Immed. Possession Before Transfer Page 2 4208666 Pages: 2 of 7 06/03/2016 11:59 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO VIII M1�1l1i1� WOW 1' lei 11111 benefit of and be enforceable by the parties and their heirs, executors, administrators, successors. and assigns. 3. 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 §§24-10-101 et seq., as applicable now or hereafter amended. 4. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: THE ROADIFER 'VOCABLE LIVING TRUST By: t Catherine Roadifer - Trustee .5`;S//�� Date: ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Boa APPROVED AS TO FUNDIN —a-E0,51 e Controller G APP1VEDITO FO'.M: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Freeman, Chair JUN o 1 2Q16 PROVED AS O SUBSTANCE: EIcc eal or Department Head Director of General Services Agmt for Purchase of a Perm. Easernent-Immed. Possession Before I ransfer Page 3 4208666 Pages: 3 of 7 06/03/2016 11:59 All R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO gill Pr1iixi irlAi'Fitliiti Ar.,MfI.i4Yl'ri, lIIII %cib-1738 4151120 Pages: 1 of 1 10/19/2015 01:45 PM R Fee:$11.00 Carty Koppes. Clerk and Recorder. Ye1C County CO VIIIMI►.AP IVfI{h't�l�'ti'++YdLY{i4iV Pl+rIrt+lI'i 1I III Exhibit A TRUSTEE'S DEED TI IIS DEED is made by W. CATHERINE ROADIFER as Trustee of the ROADIFER REVOCABLE LIVING TRUST (dated June 6, 2001), whose address is c/o W. Catherine Roadifer, Trustee, 3791 E. 18th Street; Greeley CO 80631 ("Grantor"), to W. CATI IERINE ROADIFER, an individual, whose address is 3791 E. 18th Street; Greeley CO 80631 ("Grantee"). WHEREAS, W. Catherine Roadifer is the duly appointed and sole Trustee of the said Trust and is now qualified and acting in said capacity; NOW, THEREFORE, Grantor does hereby convey, assign. transfer and set over unto said Grantee for good and valuable consideration, the following described real property situate in the County of Weld, State of Colorado: The F. 1/2 of the E 1/2 of the NE % of the SE 7 of Section 11, and the N W '/ of the SW ' . of Section 12, all in Township 5 North, of Range 65 West of the 6th P.M., ALSO all that part of the S W ''A of the SW 'A of Section 12, in Township 5 North, of Range 65 West of the 6th P.M., lying West of the South Platte River and South of the County Road, containing 15 acres, more or less. and being in the Southwest corner of the SW '/ of the SW ' of said Section 12. TOGETHER with One (I) share of the capital stock of the Delta Irrigation Company: and also conveying a right of way for an irrigation ditch along the South side of the SW V. of the SE ' of said Section 11, and along the West side and South side of the NE ' of the NE i of Section 14, all in Township 5 North. of Range 65 West of the 6th PM., said ditch right of way to be used for the carriage of water to irrigate the above described premises. Also a parcel of land approximately 60 feet in width, commencing at the West end of the Old Hyles bridge and running thence in a general Westerly and Northerly direction to the point of intersection of the new road and public highway to the new Hyles Bridge, located in the S 1/2 of the SW 1/4 of Section 12, Township 5 North, Range 65 West of the 6th P.Ixf. With all appurtenances, free and clear of liens and encumbrances, except: general taxes for 2015 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any. Consideration: None - Transfer for estate planning purposes Effective date: January 1, 2014 (This Trustee's Deed memorializes an agreement between Grantor and Grantee effective January 1, 2014 to have legal and beneficial title transfer to Grantee on the same date). Executed this lz day of • ober, 20 5 W. Catherine Road. er. Trustee of e Roadiir Revocable Living Trust, Grantor W. Catherine Roadifer, an individual, Gran STATE OF COLORADO COUNTY OF WELD >I -- The foregoing instrument was acknowledged before me this 72 day of October, 2015, by W. Catherine Roadifer, as Trustee of the Roadifer Revocable Living Trust and individually. Witness my hand and official seal. My commission expires: 11/1/2018 J Notary Public ANTHONY V. ME LO NOTARY nett STATE*, cmasaoo NOTARY I NO. Iwumeoa MY lblaB910M FJ60ES 110112018 4208666 Pages: 4 of 7 Carly Koppes. 06/03/2016 11:59 PM R Fee:$0.00 III F/PA POIIrk 'IKItil� kiJ liE�J�N g t I:ill NA NI III POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT -UNDERGROUND KNOW ALL MEN BY THESE PRESENTS, that ROADIFER REVOCABLE LIVING TRUST IPRItaT FULL NAM! .v. t�l\(ii.e. ti)i\ I. PARTNERSHIP, CORPORATION, INCORPORATED ASSOCIATION. OWNER)I is (are) the owner(s) of record ]collectively "Grantor") and for a good and valuable consideration, the receipt of which is hereby acknowledged, du(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., ("Association") a Colorado nonprofit cooperative corporation. whose post office address is Fort Collins. Colorado. and to its successors and assigns, a non-exclusive perpetual right-of-way and easement, subject to the specific terms and conditions below, upon these particularly described lands of the Grantor ["Easement Area"I: A UTILITY EASEMENT 10 (TEN) FEET WIDE, 5 (FIVE) FEET EACH SIDE OF POWER LINE,ENT£R AND AP FL RTENANCES AS CONSTRUCTED ON WORK ORDER #160322 ® Account No. R6786622. County WELD, Township 5 N, Range 65 W, Section 11 for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, modifying, operating. repairing. maintaining, and extending from time to time an underground electric line or system [including without limitation any communications facilities], including, but not limited to above and below ground fixtures, structures. conductors, cables. wires, arrestors, footings, conduits, above and below ground vaults, above and below ground transformers, above and below ground pads, and above and below ground enclosures [collectively "Facilities"]. on, over or under the Easement Area. Grantor, and Grantor's heirs, successors, personal representatives and assigns, also grants to the Association the following rights and Grantor, and Grantor's heirs, successors, personal representatives and assigns, agrees to the following provisions: A. For the purposes of cutting. mowing. trimming, or controlling by chemical means, from time to time, trees, bushes and shrubbery located within the Easement Arca and outside the Easement Area for a reasonable distance from 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 Easement Area as may. in the opinion of the Association, otherwise endanger the Facilities. B. Grantor shall not construct or permit the construction of any temporary or permanent buildings, structures (including without limitation trailers or mobile homes), signs. or wells on, under, or over the Easement Area or that impair or impede the access of the Association to its Facilities. No other objects shall be erected, placed, or permitted to remain on. under, or over Easement Area by Grantor, which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the prior written approval of the Association. build. create, construct nor allow to be built, created, or constructed. any utilities, streets, curb and gutters_ parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary, nor allow the impoundment of water on the Easement Area. Any of the improvements or structures described in this Easement may be hereinafter called Improvements." No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to such Improvements. in addition, no such failure by the Association to remove or otherwise object to such improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor. Grantor shall not grant any other easement. right-of-way. permit or license upon, under or over the Easement Area without she prior written consent of the Association, which consent shall not be unreasonably withheld. Grantor grants the Association the right of access for ingress and egress over the Easement Area and the adjoining lands of Grantor and the right to use the roads or trails, whether public, private or dedicated- to install. maintain and use gates and knees presently installed or as may be installed from time to time D. Grantor agrees that all Facilities installed by or for the association shall remain the property of the Association. relocatable and removable at the option of the Association. E. Grantor shall not perform any act that will impair the structural integrity of. interfere with, or endanger the Facilities. Without limiting the foregoing„ Grantor shall not. without the prior written approval of the .Association, alter the existing ground elevations or change the compaction of the soil on the Easement .Area Nun -use or a limited use of the Easement Area shall not prevent the Association from thereafter making use of the Easement Area to the full extent herein authorized. Following completion of construction or renovation of its Facilities on the Easement Area the Association shall restore the surface of the Easement Area to as near a condition as existed print to such work as is reasonably practicable, taking into account. among other things, the existence of the Facilities and the restrictions stated herein, including prohibitions or limitations on structures. trees. shrubs, and other objects. No amendment. modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an authorized representative of the Association (or its successor or assign, if applicable). 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. F. 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 of encumbrances and liens of whataxv cr character except the following: X MORT GAGF fOMPANY NAME Grantor shall contact the Utility Notification Center of Colorado (I -SW-922-19th . or any similar one -call utility line locator system which may replace or supplement it, at least four business days fur such longer time if. required by applicable law) prior to the commencement of construction or excavation on the Easement Arca to arrange for field locating of Facilities. X IN WITNESS WHEREOF the undersigned has set his hand and seal this -2S day 20 I . X [Ownerl L, ir7'4 y"1"-,0 :" ?.c�//�� MATTHEW WILSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164004-481 MY COMMISSION EXPIRES FEB. E. 2020 srAr+: or Co ]o a o t X Gut. \TY 01 \Pe.i4 ss. X lOwnerl X [Owner] r X [Owner] it, the furegoine instrument was acenowledgoat before me this 25dm of IIY: 'u I (Cs_ 1•.• C4'-'tLiC� a v 1(��'i � 1 ' � ... [1NSERTOW\I'Rsor REC0RD\VANS)] My lomrnisio n r spires: _sees 2 - O ZO ZC` SF \l Notary Public (signature) MKIl140527-2530 4208666 Pages: 6 of 7 06/03/2016 11:59 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County, CO VIII iMIII'1MItiI+h4'APiiMlh14, 10,4'4, II III POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT -UNDERGROUND KNOW ALL MEN BY THESE PRESENTS. that ROADIFER REVOCABLE LIVING TRUST [NUN I FULL NAME(S) (SINGLE, JOINT. PARTNERSHIP. CORPORATION. INCORPORATED ASSOCIATION. OWN FR)] is (are) the owners) of record [collectively "Granter"] and fora good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant unto Pouchy Valley Rural Electric Association. Inc., ("Association") a Colorado nonprofit cooperative corporation, whose post office address is Fort Collins. Colorado, and to its successors and assigns. a non-exclusive perpetual right -of -was and casement, subject to the specific terms and conditions below. upon these particularly described lands ofthe Grantor ["Easement Areal: A UTILITY EASEMENT JO (TEN) FEET WIDE, 5 (FIVE) FEET EACH SIDE OF POWER LINE CENTER AND APPI: RTENANCES AS CONSTRUCTED ON WORK ORDER #160322 0 Account No. R6786623. County WELD. Township 5 N, Range¢5 W. Section ] 1 for the purpo es u f constructing. reconstructing, inspecting. upgrading, increasing voltage or line capacity. modifying• operating. repairing. maintaining. and extending hum time to lime an underground electric line or system 'including without limitation any communications facilities'. including. but not limited to above and below ground fixtures. structures, conductors. cables. wires. arrestors. footings. conduits, above and below ground vaults. arose and below ground transformers, above and below ground pads, and above and below ground enclosures 'collectively -Facilities"l, on. over or under the Easement Area. Grantor, and (irantor-s heirs, successors, personal representatives and assigns, also grants to the Association the following rights and Grantor, and Grantor's heirs, successors, personal representatives and assigns, agrees to the following provisions: A. For the purposes of cutting, moving, trimming, or controlling by chemical means, from time to time, trees. bushes and shrubbery located within the Casement Area and outside the Easement Area for a reasonable distance from 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 Easement Area as may. in the opinion of the Association_ otherwise endanger the Facilities. B. Grantor shall not construct or permit the construction otany temporary or pemtanent buildings. structures (including without limitation trailers or mobile homes), signs, or wells nn. under. or over the Easement Area or that impair or impede the access of the Association to its Facilities. No other objects shall be erected. placed, or permitted to remain on, under. or over Easement Area by Grantor, which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the prior written approval of the Association, build, crease, construct nor allow to be built. created. or constructed, any utilities, streets. curb and gutters. parking surfaces. trees, landscaping, fences. or similar improvements, permanent or temporary, nor allow the impoundment of water on the Easement Area. Any of the improvements or structures described in this Easement may be hereinafter called improvements." No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to such Improvements. In addition, no such failure by the Association to remove or otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor. Grantor shall not grant any other easement. right -of -sway. permit or license upon, under or over the Easement Area without the prior written consent of the Association. which consent shall not be unreasonably withheld. C'. (irantor grants the Association the right of access tiny ingress and egress over the Easement Area and the adjoining lands of Grantor 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 he installed front time to time. D. Grantor agrees that all Facilities installed by or for the Association shall remain the property of the Association. =locatable and removable at the option of the Association. E. Grantor shall nut pertbnn any act that will impair the structural integrity of intertre with. or endanger the facilities. Without limiting the firmLuing. t into tor shall not. without the prior written approval (tithe Association. alter the evisting ground cies atiuns or change the compaction of the sod on the Easement Area.'on•usc or a limited use of the Easement Area shill net present the tssuetafion from thereafter malting use of the Easement \rea to the full extent herein authorized, Following completion of construction ur runov at ion of its Facilities on the Easement Area. the lssociaiun shall restore the surface of the Easement Area to as near a condition as existed prior to such work as is reasonably practicable. taking into account, among other things. the existence of the Facilities and the restrictions stated herein. including prohibitions or limitations on structures trees. shrubs, and other objects. No amendment, modification or supplement of this Easement shall be binding on the Association unless made in venting and csecuted by an authorized represenwtivc of the Association (or its successor or assign, if applicable). The failure to enforce all or any portion of this F. asemen' by the \ss ciatiun shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. F Grantor warrants that Grantor is the owner in fee ot'the above described lands and will defend the title thereto aeaunst ail claims, and that said lands arc bee and clear of encumbrances and liens of whatsoever character except the following: N \MR I (.AI it COMPANY NAME; Gnuuor shall contact the Utility Notification Center of Colorado t I-ROO-9)2-1907i, or any similar one -call utility line locator system which may replace or supplement it, at least four business days (or such longer time if required by applicable law) prior to the commencement ofeonstruction or excavation on the Easement Area to arrange for field locating of Facilities.b_ N IN WITNESS WHEREOF the undersigned has set his hand and seal Ellis day of s° ati' r r % Xs X [Owner) '• MATTHEW WILSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164004481 MY COMMISSION EXPIRES FEB. 8. 2020 NSIAFFOF Coleret do XCtut \TY(IFWe-1ci SS X "Owner] X [Owt,erl s X [Ownerl 5 N 11w ;breading ins;n;ment was acknowledged before me this 7) day of C'#.ktc,,,e _12oAel;k— .� A14 -411k4,,.. _ 'Notary P'rrlictSignetcret 1'n mR' t. t q.l INS. lop by [INSERT UWSERSOE Rf:CORD NA\IFtSil My Cummi;,non Expires. � u ' ZOZtJ s( Al 4208666 Pages: 7 of 7 06/03/2016 11:59 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO ■III !!!�f>�I*'k�ti��f�fir:1� 4+ MCI ff'ARNA*:Li, X1111 Hello