The URL can be used to link to this page

Browse Search

Home My WebLink About20161871.tiffRESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - HEARTLAND BIOGAS, LLC 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 Temporary Construction Easement for Improvements to County Road 49, 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 Heartland Biogas, LLC, 15445 Innovation Drive, San Diego, California 92128, commencing May 10, 2016, and ending upon on the completion of said project or, on May 10, 2019, whichever is earlier, with further terms and conditions being as stated in said easement, and WHEREAS, after review, the Board deems it advisable to approve said easement, 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 Temporary Construction Easement for Improvements to County Road 49, 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 Heartland Biogas, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. cc pcI--) C.-TT/RC) -7/t3 /OOlco 2016-1871 EG0073 TEMPORARY CONSTRUCTION EASEMENT - CR 49 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2016, nunc pro tunc May 10, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO t ATTEST:dim, Esc, Weld County Clerk to the Board BYr puty Clerk to the Board AP EDA"O: County Attorney Date of signature: 7/ t t /90* Mike Freeman, Chair Sean P. Conway, Pro -Tern C" -- e A. Cozad USED baarraaKKirkmeyeerr J� Steve Moreno CC: PccCi5/c'c) -7/(3/Q01c0 2016-1871 EG0073 MEMORANDUM TO: Clerk to the Board DATE: June 13, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Temporary Construction Easement with Heartland Biogas, LLC, a Delaware Limited Liability Co. \I Trancie'AGENDA memos \Agenda -Tiffany doc Pages: 1 of 6 4213798R Fee:$0.00 CO�IIII Carly oppe 0ClerPMand Recorder. Weld County. . y�' I �IIIM!�1119LI+,� I�►�g\e1�;Fi�J l'��,N;�I'1f11�"� ►� RECEIVED JUN 1 O:1S WELD COUNTY COMMISSIONERS 2016-1871 �lao {60`73 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement ("Temporary Construction Easement") is made and entered into Onckl tO 2IDflp ("Effective Date") by and between HEARTLAND BIOGAS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("Grantor") 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, ("Grantee"). Grantor hereby grants to Grantee, its contractors, agents and all others deemed necessary by Grantee, a temporary easement over a portion of Grantor's property, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Property"), which is required for construction of Weld County Road 49, hereinafter "WCR 49" and which will improve the alignment and construction of the roadway in and to, over, under and across the following described land more particularly described in Exhibit B attached hereto and incorporated herein by this reference ("Easement Area"). Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of this Temporary Construction Easement. The parties agree that this Temporary Construction Easement is subject to the following conditions and covenants: 1. This Temporary Construction Easement shall commence on nCtu `tO , 2016, and shall expire and be of no further force or effect on IYi Q 1 t O , 2019, or at the end of the construction, whichever is earlier ("Term"). 2. During the Term, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. As consideration for this Temporary Construction Easement, Grantee shall pay to Grantor the sum of Four Hundred Twenty Dollars ($420.00). 5. GRANTEE'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantee hereby represents and covenants to Grantor that: a) Insurance. At all times during which Grantee is conducting any activities on the Property, and at all times during the term of this Temporary Construction Easement, Grantee shall, at its own cost and expense, obtain and maintain in effect (I) Commercial Temporary Easement Heartland Biogas WC 4-7-16.doc 4213798 Pages: 2 of 6 06/23/2016 01:04 PM R Fee:$0.00 Carly Koppel. Clerk and Recorder, Weld County. CO ■III M!+11I!�=t+�i li�+'I�rl'I ANIA Ill III 4214046 Pages: 1 of 7 06/24/2016 12:14 PM R Fee:$0.00 Carly Koppel. Clerk and Recorder. Weld County, CO I•III Ni+1RtM�llrh'Id�'I�'LHI:"Ill Mal II III o2oi6-i/7/ General Liability insurance, including bodily injury and property damage coverage with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate and (2) Umbrella Liability Insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate and naming Grantor as an additional insured. Grantee shall upon reasonable written request provide to Grantor a certificate evidencing such coverage. In the event Grantee is a regulated utility or governmental entity, any or all insurance required by Grantee by this provision may be provided by self-insurance or through a program of self-insurance. b) Protection of the Property. Grantee shall use commercially reasonable efforts to restore the soil surface to a condition reasonably similar to its original condition as to any portion of the Property disturbed during construction. Grantee shall obtain Grantor's written approval before installing gates or fences on Property, such approval not to be unreasonably withheld, conditioned or delayed. 6. Notices. All notices or other communications required or permitted by this Temporary Construction Easement including payments to Grantor, shall be in writing and shall be deemed given when personally delivered to Grantor, or in lieu of such personal service, five (5) days after deposit in the United States mail, first class, postage prepaid, certified; or the next business day if sent by reputable overnight courier, provided receipt is obtained and charges prepaid by the delivering party. Any notice shall be addressed as follows: If to Grantor: If to Grantee: HEARTLAND BIOGAS, LLC c/o Corporate Land Administration 15445 Innovation Drive San Diego, CA 92128 Telephone: (858) 521-3300 County of Weld 1150 "O" Street Greeley, Colorado 80631 Telephone: Any party may change its address for purposes of this paragraph by giving written notice of such change to the other parties in the manner provided in this paragraph. 7. Entire Agreement; Amendments. This Temporary Construction Easement constitutes the entire agreement between Grantor and Grantee respecting its subject matter. This Temporary Construction Easement shall not be modified or amended except in a writing signed by both parties. Temporary Easement Heartland liiogas WC 4-7-I6.doe 2 4213798 Pages: 3 of 6 06/23/2016 01:04 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO WI MMITAtilnb'«ONAI.LCitilii l'rilliii iIlvh II II 4214046 Pages: 2 of 7 06/24/2016 12:14 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO ■III N �11�6��4+�'Ifti tI' '' Y i�lt! Y �1LN h' �J Y41h II II I 8. Successors and Assigns. This Temporary Construction Easement and the Easement granted to Grantee hereunder shall burden the Property and shall run with the Property and be binding upon Grantor and Grantee and any assignee, and their respective heirs, transferees, successors and assigns, and all persons claiming under them. Governing Law. This Temporary Construction Easement shall be governed by and interpreted in accordance with the laws of the State of Colorado. 10. Partial Invalidity. Should any provision of this Temporary Construction Easement be held, in a final and unappealable decision by a court of competent jurisdiction, to be either invalid, void or unenforceable, the remaining provisions hereof shall remain in full force and effect unimpaired by the holding. 11. Counterparts. This Temporary Construction Easement may be executed in one or more counterparts, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW] Temporary Easement Heartland Biogas WC 4-7-16.doc 3 06/23/20816 01:048 gPMd a oee:$ -00d Count'', co Carly 111 !M'*,h',e ILIukvI`'h4 1k11 lir,' 11FtLl�: �k �Y4+} �I II 4214046 06/24/2016 12:14 Pages: PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County. CO 1111 Nr1�+ti'1��1'�,I�l''Ihti' h�, li:g+C0,1+0,L 11111 IN WITNESS WHEREOF, the parties have executed this Temporary Construction Easement as of the Effective Date. GRANTOR: Heartland Biogas, LLC By: EDF Renewable Development, Inc., its Sole Manager and Member By:% - Name: Title: li i Exec five Vice President Development A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY ) On nn 4t -t t O , 201Q), before tncLk_., LAC v , allotary Public, r -R personally appeared Lft v� t , who proved to me on tl-k basis of satisfactory evidence to be the person whose name) islare_ subscribed to the within instrument and acknowledged to me that he/shhhey executed the same in his/her/their authorized capacity(ies), and that by his/herftheir- signature(( on the instrument the person or the entity( upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OL No ry's Signature Temporary Easement Heartland Biogas WC 4-7-16.doc 4 BALINDA M. LUCERO Commission # 2032346 Notary Public - California San Diego County My Comm. Expires Jul 31.20!' r [Notarial Seal] 4214046 Pages: 4 of 7 421379806/23/2016 Pages: 5 eofe 6 06/24/2016 12:14 PM R Fee:$0.00 CarlyKoppes0C: r PM R Frder .e0 Carly Koppes Clerk and Recorder.. Weld County: CO Carly . Clerk and Recorder.. Weld County. CO I II � I I II I 11 I ■ I �IIIR�1Ai1t�t,rrhh+1111'I�rri�'.IIIJ�IX,iM+ig�NiNt 11111 hi I, GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST:,ci Deputy Clerkco the Boar Temporary Easement Heartland Biogas WC 4-7-I6 doe 5 4213798 Pages: 6 of 6 06/23/2016 01:04 P11 R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO VIII M��1l11t�? �G,I� L'F,f'i!IA!LYlY,1� Yrlti�kf4 YI h II III COUNTY OF WELD, STATE OF COLORADO, GRANTEE Mike Freeman, Chair, Board of County Commissioners. JUN 202016 4214046 Pages: 5 of 7 06/24/2016 12:14 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ti,IVINJAYAh i II 02O - 47/ EXHIBIT -B SE 1/4 S25-T4N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25 FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 25 BEARS NORTH 00'15'29" WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG THE SOUTH LINE OF SAID SECTION 25 SOUTH 89'26'30" WEST TO THE WESTERLY RIGHT-OF-WAY LINE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 379028 A DISTANCE OF 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 00'15'29" WEST A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY SOUTH 44'35'31" WEST A DISTANCE OF 28.36 FEET; THENCE NORTH 00'15'29" WEST TO A POINT OF CURVE TO THE LEFT A DISTANCE OF 155.15 FEET; THENCE ALONG SAID CURVE 739.39 FEET HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 02'42'50" AND A CHORD BEARING OF NORTH 01'36'54" WEST A DISTANCE OF 739.32 FEET; THENCE NORTH 02'58'19" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 100.96 FEET; THENCE ALONG SAID CURVE 332.97 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2419044, SAID CURVE HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 01'12'24" AND A CHORD BEARING OF NORTH 02'22'07" WEST A DISTANCE OF 332.97 FEET; THENCE ALONG SAID LINE NORTH 89'28'54" EAST A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID LINE SOUTHEASTERLY 332.12 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01'12'24" AND A CHORD BEARING OF SOUTH 02'22'07" EAST A DISTANCE OF 332.11 FEET; THENCE SOUTH 02'58'19" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 100.96 FEET; THENCE ALONG SAID CURVE 740.33 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49, SAID CURVE HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 02'42'50" AND A CHORD BEARING OF SOUTH 01'36'54" EAST A DISTANCE OF 740.27 FEET; THENCE SOUTH 00'15'29" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 135.05 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 26,369.26 sf. OR 0.61 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 TEMPORARY EASEMENT ACQUISITION TI HEARTLAND BEOGAS LLC WELD COUNTY, COLORADO 4214046 Pages: 6 of 7 06/24/2016 12:14 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT N0: SRF-26 SCALE: DATE: 4.20.15 DRAWN BY: DM! SHEET: 1 of2 VIII M��1F+rl�«i1'hCY,IFi; h Ili lily, VI Ilti''' Y y), Bill 00 I Co - I Cr? I EXHIBIT -B SE 1/4 S25-T4N-R65W L6 L=332.97' R=15790.00' 6=017 2'24" CB=NO2'22'07"W C=332.97' 20' TEMPORARY AND PERMANENT EASEMENT ACQUIRED 26,369.26 sf. OR 0.61 ac.± LINE TABLE LINE BEARING DISTANCE L1 S89'26'30"W 30.00' L2 N00'15.29"W 100.00' L3 S44'35'31"W 28.36' L4 N00'15'29"W 155.15' L5 NO2'58'19"W 100.96' L6 N89'28'54"E 20.00' L7 S02'58'19"E 100.96' L8 S00'15.29"E 135.05' HEARTLAND BIOGAS, LLC. PARCEL # 1055-25-4-00-011 RECP.# 3957241 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. S89'26 3c "W 9615 7' L=739.39' R=15610.00' 6=02'42'50" CB=N01 "36'54"W C=739.32' TEMPORARY EASEMENT ACQUISITION 1I HEARTLAND BIOGAS LLC WELD COLJNIY. COLORADO) 4214046 Pages: 7 of 7 06/24/2016 12:14 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO L5 L4 7 70' EXISTING 30' R.O.W. REC# 379028 MAY 13, 1918 RD100/685 L-332.12' R=15770.00' 6=01'12'24" CB=S02'22'07"E C=332.11' N) ai r7 N -CD(NI PL PL 1.21 0 0 L=740.33' R= 15630.00' 00' 6=02'42'50" CB=SO1'36'54"E C=740.27' P.O.B. L1 CQU NTY twig 40 P.O.C. SE CORNER S25-T4N-R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 SCALE: 1"-200' DATE: 4-20-15 DRAWN BY. 1)K11 SHEET: 2 of 2 VIII Nniroc: «ri'wu' III III RE: TEMPORARY CONSTRUCTION EASEMENT FOR CR 49 CORRIDOR PROJECT - HEARTLAND BIOGAS, LLC ATTEST: degrAetiS• ` ;K Weld CggntyClerk to the Bgard WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: Deputy Clerk to the Boa APPROVED AS TO FUND Controller APP fl County Attorney Mike Freeman, Chair JUN 202016 PROVED TO SUBSTANCE: 'al or Department Head Director of General Services 02D/ -ft/S/7/ Hello