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Home My WebLink About20143545.tiff RESOLUTION RE: APPROVE EASEMENT AGREEMENT FOR WATER PIPELINE AND AUTHORIZE CHAIR TO SIGN -CENTRAL WELD COUNTY WATER 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 an Easement Agreement for Water Pipeline between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Central Weld County Water District, commencing upon full execution, 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 Easement Agreement for Water Pipeline between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Central Weld County Water 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 12th day of November, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ELD C�ODUNNTY. COLORADO ATTEST: [� f ( ��..J_• R crn � C/ .+C. o. o a ademach r, a Weld County Clerk to the Boar. ` We ` "�•ara Kirkmeyer, Pro- em B Des Clerk tot e Boar. an P. Conway CD-- APP D FORM: ®UNI,I� Mike F - = an unty Attorney /7 �1?!'a '. Garc a Date of signature: 1149 2014-3545 CC;�l LL 12.it BC0045 �,186zrrt" .. 0, fist r ;� , MEMORANDUM aa ! r I, O N T Y TO: Clerk to the Board DATE: November 6, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Consent Agenda RE: Bridge 42/29A Replacement Easement Agreement for Water Pipeline with Central Weld County Water District. Attached are two duplicate original agreements. M\Fnncic\AGENDA memos\Agendanikeeedell-1.docx 2014-3545 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Bridge 42/29A Replacement—CWCWD Relocation and Easement Agreements DEPARTMENT: PUBLIC WORKS DATE: 10/23/2014 PERSON(S) REQUESTING: Don Dunker(County Engineer) and Michael Bedell (Senior Engineer) Brief description of the problem/issue: The Bridge 42/29A Replacement and intersection realignment is planned for construction this winter. Part of the work entails Central Weld County Water District (CWCWD) relocating portions of their potable waterline. CWCWD will be using their own funds to complete this work since their facilities are located within County right-of-way. To protect both parties (Weld County and CWCWD) interests, a formal Relocation Agreement has been developed by the County Attorney Office. In addition, the County has agreed to grant CWCWD a utility easement across a portion of property which was acquired for the project and will eventually become property owned by the Farmers Independent Ditch Company (FIDCO). This easement document will give CWCWD the legal rights to have their new potable water line placed across land which will be owned by FIDCO after the project is completed. What options exist for the Board: The Board can choose to approve the attached CWCWD Relocation Agreement and Easement Agreement, or choose to amend or reject the proposed Agreements. Recommendation to the Board: Public Works recommends approval of the CWCWD Agreements. If recommended, Public Works will try to get this item put on the next available BOCC meeting agenda. Approve Schedule Re mendation Work Session Comments Douglas Rademacher, Chair Barbara Kirkmeyer Sean P. Conway r 1h%' `� Mike Freeman William F. Garcia &A Attachments: CWCWD Relocation Agreement CWCWD Easement Agreement r + . EASEMENT AGREEMENT FOR WATER PIPELINE THIS EASEMENT AGREEMENT,made this /2 day of/ t1 OjQnfr ,2014,between by and between the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose legal address is 1150"O"Street,Greeley, Colorado 80631 hereinafter referred to as"Grantor"and CENTRAL WELD COUNTY WATER DISTRICT,a statutory special district and quasi-municipal corporation formed under the laws of the State of Colorado, located at 2235 2nd Avenue,Greeley,Colorado 80631,hereinafter referred to as "Grantee": Pursuant to the"Agreement for Relocation of Potable Water Facilities between Central Weld County Water District and Weld County, Colorado," ("Agreement") dated October 1, 2014 (the "Agreement"),Grantor agreed to and does hereby grant, sell, convey and transfer unto Grantee and Grantees' successors,and assigns, a perpetual easement to construct, reconstruct, inspect, upgrade, increase line size or capacity, operate, repair, maintain, replace, remove and operate one or more lines for the transmission, distribution and service of water, and all underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs, communication lines and other fixtures,over, across, under and upon the following described land (hereinafter referred to as the"Easement"),situate, lying,and being in the County of Weld,and State of Colorado, and described as follows: See attached"Exhibit A" and "Exhibit B" (map), both of which are attached hereto and by this reference are incorporated herein and made a part hereof. Grantee is granted the following rights and terms and conditions: A. Grantee has the right,from November I,2014 through March 1,2015,to temporarily use a twenty foot wide strip outside each boundary of the Easement for purposes of the construction of its Facilities described in the Agreement. B. Grantee will at all times maintain the Facilities and repair the Facilities at its own expense. C. If the Facilities cause any material settling in the ditch embankments, the roads thereon, or any part of the ditch, Grantee will, upon notification from Grantor, make all repairs required at Grantee's expense. D. Prior to the commencement of any non-emergency repairs on the Facilities under the FIDCO ditch,Grantee agrees to notify FIDCO,and further agrees that in the event of an emergency, if possible, Grantee shall first notify FIDCO of the need to repair the Facilities. Grant of Easement-C W C W D Page 1 4063104 Pages: 1 of 6 11/20/2014 12:35 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIIIPAIN' W0 K4j4,4, 1IIII r E. The Easement shall inure to the benefit of Grantee's successors and assigns. F. Grantee's use of the Easement shall be exclusive to Grantee,except for that portion of the surface estate that may be needed for use by FIDCO for proper operation,maintenance and repair of the ditch. The mineral estate under said property, including oil,gas and any and all other minerals and all water rights currently attached to or associated with the Easement are hereby specifically reserved pursuant to prior reservations. IN WITNESS WHEREOF, Grantor has executed this Easement for Water Pipeline on the date set forth above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO L koSDouglas Rademacher, Chair STATE OF COLORADO ) NOV 1 2 2014 ss. COUNTY OF WELD ) ZL The foregoing instrument was acknowledged before me this/p7 day of/Q7tfilithyL), 2014, by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notary Public My commission expires: '-AO-c ,e9/6 ,r *See Attached SignaturesI DONNA J. BECHLER its tr•q " OP C0- • MY COMM.EXP.04.10.2C1F Grant of Easement-CWCWD C W D Page 2 4063104 Pages: 2 of 6 11/20/2014 12:35 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO J VIII M'�1I1 kl'aI47'I JL'k'��►G I�wf f�L1��it�V.J�Y41� �l ll l 030/4', APPROVED A O SUBSTANCE: Ele icial or D artment Hea APPROVED AS TO UNDING: O0Ja. � 4 Controller -------,7 KjRPRO FORM: un Attorney 4063104 Pages: 3 of 6 11/20/2014 12:35 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ■III ItillA1A N:limiXlilli MA il/R :I I,Ia1411414141 Bill GYAAVSCT A Ns „ 7� I I S2'!-TQV-Rf6R' __ �.-. y t'1C L[i'LI.:\V n ' I � 01,, ,l .F i' I i " A REI�P.�1285fG26 ilk ! 5 4 ��, I S '- L0T A�-7000 _ I ' . ,J + rnrn gaiIIIIIIIIIII"r, ` ' BEN MELA tie rues• M ' OLT 4 a RE 263265 • / L -4916 _ 7 —n� J— �+ �/ i �� X56 ----""7"....."--t , 11 !: 'v3/4` ROPOSED PROPOSED uIN a _ ' / T MPORARY PERMANENT n" -EA ' ASEMENT WATERL NE PROPOSED i - .ENT }' frlrnNc 6G EASEM (, -ZfIGHT-OF-WAYS PROPOSED RIGHT-0 R:?i4 of wa- 1 09.97 sf. RI.; 2�G 2S9 70.21 Sf. r R 0.03 ac.- 1,337.1 � � 1,074.78 s 7. ,: ', 1 '.• ,:APR 't leor__�_'1 k OR 0.03' i. i OR. 0.01 ac.` �. 0 E 1/16 CORNER '` - `�- - ' 9'08'3 - �- — 520/29-14N-R66W �aT{ • ;;. _a q. 9-E 1315.18• A - - - - _ $89'48.4)-W 13"<AN I' - _ -SE--- C _:�I`I-8EP N_.-r0 $� 'd••' _�.-c - - II _ -/ rs'•. N �. A3103-$A :iA' C.0rtiC2'-. aJ 166W ,IW 6 CORNER _+ War 45Q HJ « . ' • ...'''' \ 4 •• - ...... .0.r. .0 IP=Mir SID ./ / ....0 82-Pa1F,lU6M \dti n�,`1 ,\ It -00 , / ✓ C TERRY & JANICE ��\Al� / / ,i 1) / WIEDEMAN v- { r RECP.#2244037 • / -PROPOSED PROPOSED ', RIGHT-OF-WAY RIGHT-OF-WAY - 11111 I 916,49 sf. 'I _ 26,094.76 .r. OR 0.02 ac. OR 0.60 cc. :,�I ,• POSTING 80' r .?,... 'CI' 1 _ �• RPR. 7. 1879 12-#6.5386RK.11 4i PC.550 ',it RI \R FAR,\1S ( O t ' APR 5, 1897 NE la ;;Fi ,, 4. 31_a .9:31-T4V-ReaW II - - r,- -I W 1/4 COR.• - - S28-T4N-R66W " - - - - 1 4063104 Pages : 4 of 6 11 /20/2014 12 : 35 PM R Fee : $0 . 00 Steve Moreno . Clerk and Recorder , Weld County , CO ■IIIki� 11�1 li I:.,10:I4I�:h1��I. Ri;I�kiii,5�F,i« liii haa111111 � • • EXHIBIT NE 1/4 S29-T4N-R66W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 66 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. 3981840 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER AS BEARING SOUTH 89'48'47" WEST A DISTANCE OF 1328.87 FEET TO THE EAST ONE-SIXTEENTH CORNER OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'26'40" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 55.55 FEET; THENCE DEPARTING SAID LINE SOUTH 89'33'20" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 29 A DISTANCE OF 30.00 FEET, AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'26'40" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 31.83 FEET; THENCE SOUTH 70'00'50" WEST A DISTANCE OF 146.28 FEET; THENCE NORTH 18'59'11" WEST A DISTANCE OF 79.69 FEET TO A NON-TANGENT POINT OF CURVE TO THE RIGHT; THENCE 46.62 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 670.93 FEET, CENTRAL ANGLE IS 03'58'53" AND WHOSE CHORD BEARS NORTH 80'18'52" EAST A DISTANCE OF 46.61 FEET; THENCE SOUTH 18'59'11" EAST A DISTANCE OF 41.35 FEET; THENCE NORTH 70'00'50" EAST A DISTANCE OF 110.39 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,646.65 sf. OR 0.15 ac. 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 4063104 Pages: 5 of 6 11/20/2014 12:35 P11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO MIFJPO VIII "Ill WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS PREPARED FOR 1p �fi rr — •, WCR 42 AT WCR 29 CENTRAL WELD COUNTYI Er at INTERSECTION PROJECT IF WATER DISTRICT I - 1 PROJECT NO: BR-9I SCALE: GO0NTY DATE: 6-17-14 DRAWN BY: JHB SHEET: 1 oft EXHIBIT NE 1/4 S29-T4N-R66W EXISTING 60' E 1/16 CORNER S29—T4N—R66W RIGHT—OF—WAY J. McCLELLAN 2 1/2" A.C. STAMPED 2001 RD.BK.2/PG.259 ALLES LS#9644 IN MON. BOX -APR. 7, 1879 POC NE CORNER S29-T4N-R66W o _ _S89'48'47"W 1328.87' 21/2" A.C. STAMPED 1995 BASIS OF BEARINGS ALLES LS#9644 IN MON. BOX co WCR42 S89'33'20W in _ 30.00' n Lri 518'59'11"E POB �9‘�C� Cl 41.35' R 1 CLINE ti� �� 0 39 w ' Oti4t�O �'•�♦�•�•�♦�� p4 5p o0• o M P WELD COUNTY �,� � ��6 2a oN N WI RECP.#3981840 �� 1,cy 050'`I4 o � S�Op a 1t lfl N R- a R. O / to C.W.C.W.D. W.D.- I L'a xb W. PERMANENT � WATER LINE r EASEMENT I 6,646.65 sf. CURVE TABLE - Cl LEN RAD DELTA CHD BR CHD OR 0.15 ac.t r ` 46.62' 670.93' 03'58'53" N80'18'52"E 46.61' I V S' EXISTING 60' RIGHT-OF-WAY RD.BK.2/PG.259 I APR. 7, 1879 30' ROW DEED 30' STREAR FARMS CO. OFF EAST SIDE S29—T4N—R66W BK.163/PG.225 AUG. 12, 1902 I I 4063104 Pages: 6 of 6 Steve11/2 ren 12:35 PM R o e0 Steve Morenyo�,pClerkl�and Recorder,Lgy Weld County, CO NOTE: THIS EXHIBIT MAP DOES NOT ,Ill MI�1PII V r111��171�, gIM1Y,�'Ir�ll'�'■IAIDI 'F ��r��'}� 11111 � REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE E 1/4 COR. S29-T4N-R66W ATTACHED PROPERTY DESCRIPTION FOUND 3 1/4" ALUM. CAP ONLY. STAMPED LS#11399 2008 WELD COUNTY DEPARTMENT .aitilateter _ OF PUBLIC WORKS PREPARED FOR ) ,J r' ; lI WCR 42 AT WCR 29 CENTRAL WELD COUNTY -- T INTERSECTION PROJECT WATER DISTRICT (� PROJECT NO: BR-9I SCALE: 1"60' COUNTY DATE: 6-17-14 DRAWN BY: JHB SHEET: 2of2 Hello