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Home My WebLink About20161261.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Temporary Construction Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, commencing April 11, 2016, and ending March 31, 2017, up upon completion of constructions, whichever occurs first, with further terms and conditions being as stated in said temporary construction easement, and WHEREAS, after review, the Board deems it advisable to approve said temporary construction 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said temporary construction easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Waifs& 7 it over--� Mike Freeman, Chair Weld County Clerk to the Board frici �e1 Sean P. onway, Pro- em e BY: k ,llt.� Depu Clerk to the Board APPR D M:D e' 1E1�a AS a Ki meyer ttorney , �i.. oreno • Date of signature: Ci L CG (&S) 7-18 Ito 2016-1261 BC0049 City of Colorado RECEIVED Greelev APR 062016 WELD COUNTY March 24, 2016 COMMISSIONERS Chair Mike Freeman Weld County Board of County Commissioners 1150 O Street Greeley, CO 80632 Re: TCE Parcel080331000059-NGS-18 Weld County North Greeley Sewer Pipeline Project, Phase II Dear Commissioner Freeman: I am writing, on behalf of the City of Greeley, to thank Weld County for its recent agreement to execute the enclosed Temporary Construction Easement in favor of the City. The County had previously granted a TCE to the City for the North Greeley Sewer Pipeline Project, but the TCE expired on March 31, 2015, before the City had begun construction. This extension of the TCE will expire on March 31, 2017, which the City anticipates will be sufficient to cover the anticipated construction period. Your decision to grant the TCE without cost to the City was a generous one. The City looks forward to reciprocating should the County have need for its own TCEs in the future. In order to complete this particular transaction, please sign,have notarized, and return the original TCE to Right-of-Way Agent, Sylvia Ybarra, c/o Water and Sewer Department, 1100 10th Street, Suite 300, Greeley, CO 80631. Thank you for your continued cooperation with this Project. c rel , ity Manager Enclosure: TCE 2016-1261 City Manager's Office • 1000 10th Street,Greeley,CO 80631 • (970) 350-9770 Fax (970) 350-9828 A City Achieving Community Excellence TEMPORARY CONSTRUCTION EASEMENT (2 This Temporary Construction Easement is made this //T1/- day of , 2016,by and between, Weld County, Colorado, a body corporate and politi o�State of Colorado whose address is 1150 0 Street, Greeley, Colorado 80631 ("GRANTOR"), and the City of Greeley, a Municipal corporation, whose address is 1000 10th Street, Greeley, Colorado 80631 ("GRANTEE"). GRANTOR,for and in consideration of the sum of ten and no/100 dollars($10.00)and other valuable consideration paid by the GRANTEE to the GRANTOR, the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed, and by this Temporary Construction Easement does grant, bargain, sell, convey and confirm to the GRANTEE, its successors and assigns forever,a temporary construction easement on and under the property as per the Property Description and Exhibit Map attached hereto and incorporated herein by this reference, located in Weld County, Colorado ("Property"); for the purposes of: 1. Surveying, locating, installing and constructing a buried sewer pipeline on lands adjacent to the Property, in whole or in part; 2. Cutting and clearing trees,brush, debris and other obstructions on the Property that might interfere with GRANTEE'S activities on the Property; and 3. Access for purposes of surveying,locating,installing and constructing a buried water pipeline across property owned by the GRANTOR that is contiguous to the Property (more particularly described in Exhibit B attached hereto and incorporated by this reference),with the GRANTOR'S consent,which consent shall not be unreasonably withheld. This Temporary Construction Easement shall begin on 31 March 2015 and shall terminate 31 March 2017 or completion of construction, whichever occurs first. During the term of this Temporary Construction Easement GRANTOR shall not place,erect, install or permit any above or below ground building, structure or other obstruction on the Property that may interfere with the GRANTEE'S activities on the Property hereunder. The GRANTEE shall: 4. Insofar as practicable, restore the surface of the ground to its condition prior to GRANTEE'S activities on the Property; 5. Insofar as practicable, restore fences, drain tile, irrigation systems, landscaping, private roads and other improvements, to the conditions existing prior to GRANTEE'S activities on the Property; and City of Greeley W&S ROW No. 1 Temporary Construction Easement NGS-18 Weld County—1-29-2014 020/6— fr,/ '— /c> 6' 6 6. Pay the GRANTOR the actual damages to growing crops, livestock and other items caused by GRANTEE'S activities on the Property. 7. Grantee agrees that Grantor and members of the general public who require access to the various public buildings located in the area of the Property, including, but not limited to the Weld County Training Center, the Food Bank, and the Community Corrections facility, shall continue to have access to said buildings throughout the construction process. GRANTOR warrants and will forever defend the title to the Property. GRANTOR: Weld County, Colorado, a body corporate and politic of the State of Colorado At Name: I U- 3 �I ---- Mike Freeman APR 11 zola Chair, Board of Weld Title: County Commissioners STATE OF COLORADO) ss. COUNTY OF I() ) Acknowledged before me on this 1/ Tll day of 20' by WITNESS MY HAND AND MY SE MY C I SION EXPIRES / caO/ CHERYL LYNN HOFFMAN NOTARY PUBLIC (Nora ublic). STATE OF COLORADO NOTARY IL) 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 City of Greeley W&S ROW No. 2 Temporary Construction Easement NGS-18 Weld County—1-29-2014 o20/1- — 426, EXHIBIT A Zenith Land Surveying, Inc. 1880 Hawthorn Place,Boulder,CO 80304 303-579-2057-tel 303-524-9277-fax Earl@ZenithLS.com www.ZenithLS.com Parcel 18 Property Description: A Permanent Utility Easement over a Tract of land found in the Northeast Quarter of Section 31, Township 6 North,Range 65 West of the Sixth Principal Meridian and being more particularly described as; Commencing at the East Quarter Corner of said Section 31,Township 6 North,Range 65 West being a monument found in North 11th Avenue as described in the monument record dated December 22,1997 and considering the South line of the Northeast Quarter of the said Section 31 as monumented by the said East Quarter Corner of Section 31 and the Center-West-East Sixty Fourth Corner as monumented as Bearing South 88°57'13"West with all Bearings relative thereto; Thence along said South line of the Northeast Quarter of Section 31 as monumented South 88°57'13"West a distance of 659.31 Feet to a point on the West Right-of-Way of H Street, being also the Northeast corner of Lot 1,RS-1023,Resubdivision of Union Colony Subdivision, being also the Southeast Corner of a tract of land owned by Weld County,Colorado,A Body Corporate and Politic as shown in the Warranty Deed Recorded in Book 1163 as Reception #210667 and being also the True Point of Beginning; Thence leaving said West Right-of-Way of H Street and continuing along said South line of the Northeast Quarter of Section 31 being also the North line of the said Lot I,RS-1023 and being also the South line of the said Weld County property South 88°57'13"West a distance of 58.36 Feet; Thence leaving said South line of the Northeast Quarter of Section 31 being also the said North line of Lot 1,RS-1023 and being also the said South line of the Weld County property North 05°03'03"West a distance of 266.45 Feet to a point on the South line of the Weld County Business Park Public Works Annexation as shown on the plat recorded as Reception#2608903 being also the North line of the said Weld County property; Thence along said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property North 89°40'34"East a distance of 44.63 Feet to a point on said West Right-of-Way of H Street; Thence leaving said South line of the Weld County Business Park Public Works Annexation being also the said North line of the Weld County property and along said West Right-of-Way of H Street along a curve to the left with a Delta of 33°46'03",Radius of 460.00 Feet,Length of 271.11 Feet,Chord Bearing of South 07°56'53"East and Chord Distance of 267.20 Feet to the True Point of Beginning and containing 10,117 Square Fee i ore or less being also 0.232 acres more or less. _ 0 R '''N‘ Q a Ft+ f t\ ` a 349 Surveyor's Certification: ,i�tk4 ..c" tiwo�+ r 1,Earl F.Henderson,a Professional Land Surveyor in the tate of Colorado,certify for and on behalf of Zenith Land Surveying,Inc.that this Property Description and accompanying Easement Exhibit Map were prepared by me or under my direct supervision;that they are based upon my knowledge,information,and belief;have been prepared in accordance with applicable standards of practice;are not a guaranty or warranty,either expressed or implied;and are to the best of my knowledge accurate and complete. Revised areas 11/23/08. EASEMENT EXHIBIT MAP i / WELD COUNTY BUSINESS PARK t j PUBLIC WORKS ANNEXATION / / aT REC #2608903 N89'4O'34"E' / II N I 44.63' rn I f O I 11 • 30' TEMPORARY-1j CONSTRUCTION 1 I EASEMENT I 1- I Z A=33'46'03" R=460.00' WELD COUNTY BUSINESS PARK PUD I Q A-271.11' TRACT "C" I w C=267.20' I I } CB=S0T56'53"E I 1 I- -.3 WELD COUNTY COLORADO, A BODY CORPORATE AND POLITIC, • OF THE STATE OF COLORADO I a io 1_ BK 1163, REC #2106697 1 2, Is v. 2 t 1 z,f3 Nz I Q I tY I a 1 1 \� I N88'57'13"E 659.31' S88'57'13"W 1282.67' I TO EAST QUARTER TO CENTER-WEST-EAST I POB CORNER OF SECTION 31 SIXTY FOURTH CORNER OF SECTION 31 128?-67'._ 58,36' _ 659.31 ,_, S88'57'13"W WELD COUNTY \ LOT 1, RS-1023, R£SUBDIVISION OF UNION COLONY SUBDIVISION REC #3039498 r LOT 2, RS-1023, RESUBDIVISION OF ' UNION COLONY SUBDIVISION REC #3039498 \ • UTILITY EASEMENT TO BE LOCATED ON THE PROPERTY OF WELD COUNTY, COLORADO, • A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AS SHOWN IN THE WARRANTY DEED RECORDED IN BOOK 1163, RECEPTION #2106697 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND FOUND IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF GREELEY, WELD COUNTY, COLORADO. • PROPERTY CORNER MONUMENT FOUND yt�� Qapgfl REepkt Ova 1%R•//77�kT t :0 ,, I NOTES: ! , , i $:••a,• 0,S 3 99, 1. BASIS OF BEARINGS FOR THIS SURVEY WAS S 88'57'13" W FROM va:,.�i �:,off THE EAST QUARTER CORNER OF SECTION 31 TO THE 11`x'0„_ . . CENTER-WEST-EAST SIXTY FOURTH CORNER OF SECTION 31 BOTH OF 1‘1441.Ut3" 5 WHICH WERE FOUND AS DESCRIBED IN THE MONUMENT RECORDS. .n.�. ` 2. THIS PROPERTY IS SUBJECT TO THE EASEMENTS SHOWN • IN TITLE REPORT FILE NO. S0274488 DATED JUNE 24, 2008 -Zenith at, f% ' . r..,,, AND COMPLETED BY SECURITY TITLE GUARANTY CO. �ji�'cl! I Dand 3. SECTION CORNERS SHOWN WERE FOUND PER MONUMENT RECORDS. veying,i>ic,. 1880 Hawthorn Place 4. THE PERMANENT UTILITY EASEMENT CONTAINS 10,117 FT2=0.232 AC. Boulder,Colorado 80304 THE TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,999 FT2 303-579-2057-Tel. =0.184 AC. 303-524-9277-Fax I Project#07010 P18 I REVISED 11/23/2008—ADDED NOTE 4. C:1Prntects\117010 North(ireelev.A`ewer Ph 2\Tschmkel\07010 Fcmntt.Awe_1 I/24/2008 1:4R:41 PM.Vi EXHIBIT B LEGAL DESCRIPTION The Northeast Quarter of Section 31,Township 6 North,Range 65 West of the 6th P.M., County of Weld,State of Colorado,EXCEPT that portion of the above described land platted as Weld County Business Park,a Planned Unit Development in the City of Greeley,recorded October 12, 1988 in Book 1212 at Reception No.2158271 AND EXCEPT that portion of the above described land platted as Weld County Business Park P.U.D.Amendment#1 Annexation,recorded July 11, 1996 in Book 1555 at Reception No. 2500433. City of Greeley W&S ROW No. Temporary Construction Easement—1-29-2014 NGS-18—Weld County RE: AGREEMENT FOR TEMPORARY CONSTRUCTION FOR NORTH GREELEY SEWER PIPELINE PROJECT,dc12441140;€1 PHASE II - CITY OF GREELEY ATTEST: BOARD OF COUNTY COMMISSIONERS Weld C..'nty Clerk to the B+ard WELD COUNTY, COLORADO BY: eputy C rk to the Bo \V ida� Mike Freeman, Chair APR 11 2-M APPROVED AS TO FU N APPROVED AS TO SUBSTANCE: Controller ♦ y� ' ► Elected Official or Department Head APPROVED AS TO FORM: " —N I!A Director of General Services A County Attorney 020/ -/,2(a/ Hello