HomeMy WebLinkAbout20140477.tiff RESOLUTION
RE: APPROVE AGREEMENT TO GRANT TEMPORARY RIGHT-OF-ENTRY AND
AUTHORIZE CHAIR TO SIGN - DPG FARMS, 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, on February 10, 2014, the Board was presented with an Agreement to
Grant Temporary Right-of-Entry 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 DPG Farms, LLC, with terms and conditions being as stated in said agreement, at
which time it was deemed advisable to continue the matter to February 19, 2014, to allow
adequate time for a work session, and
WHEREAS, after review, on February 19, 2014, the Board deemed 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 to Grant Temporary Right-of-Entry 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 DPG Farms, LLC, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
Cc CAIRO) Appt.
a -g%-t 4
2014-0477
EG0070
AGREEMENT TO GRANT TEMPORARY RIGHT-OF-ENTRY- DPG FARMS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wait 'j��1��� . C' r. ,M .. tv'
t �L t4ugla Rademach r Chair
Weld County Clerk to the Boart
(k ;' - ri -ra Kirkmeye , Pro-Tern /
De Clerk to the Boar•
an P. Conway
APPRO 5 FORM: 'i't t e-c_ tez
Mike Fre
minty Attorney
William F. Garcia
Date of signature: 9-a it 1`i
2014-0477
EG0070
AGREEMENT FOR TEMPORARY RIGHT OF ENTRY
THIS AGREEMENT for a Temporary Right of Entry(the "Agreement") is entered into this
day of February,2014, between DPG Farms LLC, a Colorado limited liability company,whose
address is 3300 S. Parker Road, Suite 300, Aurora 80014, Attention: David M. White ("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").
WHEREAS, Grantor is the owner of the real property described in Exhibit A attached hereto
(the"Property")and has the authority to enter into this Agreement;and
WHEREAS, Grantee seeks to enter the Property for the purposes of conducting a
geotechnical investigation relating to gravel mining on the Property, as well as conducting an
investigation into recreational resources located on the Property;and
WHFREAS,Grantor is willing to permit Grantee to enter the Property as set forth herein;
NOW, THEREFORE, for and in consideration of the mutual promises and agreements of
the parties,the parties agree as follows:
1. Grant of Temporary Right of Entry. Grantor hereby grants to Grantee, its contractors
and agents a Temporary Right of Entry ("TRW) in order for Grantee to conduct a geotechnical
investigation relating to gravel mining on the Property, as well as conducting an investigation into
recreational resources located on the Property,subject to the terms and conditions hereinafter set forth.
The term of the THE shall be for a period of six(6)months from the date hereof.
2. Boring Location Plan. Prior to entering onto the Property to conduct the geotechnical
investigation, Grantee shall deliver to and have approved by Grantor, which approval shall not
unreasonably be withheld, a Boring Location Plan that depicts the approximate location of where
geotechnical borings into the soil shall be conducted. The Boring Location Plan shall also depict the
location of access from the Property boundary to the location of the geotechnical borings into the soil.
3. Conditions for Geotechnical Investigation and Borings. The geotechnical
investigation and borings into the soil shall be subject to the following conditions:
(a) Geotechnical borings shall be conducted by a truck-mounted continuous flight
auger drill,a sonic drill,or a dual wall percussion hammer drill.
(b) A Professional Engineer or Professional Geologist shall be present at all times
the geotechnical borings are being conducted to log soils encountered and to obtain samples from the
geotechnical borings.
(c) Laboratory tests of all samples collected as set forth above shall be conducted
in accordance with American Society for Testing and Materials ("ASTM")standards.
452509.4
(d) Grantee shall endeavor to cause as little damage to the Property as is consistent
with its right to conduct the geotechnical borings.
(e) Except as specifically set forth above, the geotechnical investigation and
borings on the Property shall be conducted in accordance with standard industry practices.
(0 Within a reasonable time after conducting the geotechnical investigation and
borings,Grantee shall provide to Grantor the results of such geotechnical investigation and borings.
4. Conditions for Investigation of Recreational Resources.
(a) Prior to entering onto any part of the Property to conduct an investigation of
recreational resources on the Property, Grantor and Grantee shall agree on a date and time for such
investigation(s) by contacting Grantor's agent, Donald L. Jones, who will accompany Grantee's
agent(s) when the investigation of recreational resources is conducted. Grantee's investigation of
recreational resources shall be subject to the reasonable conditions imposed by Mr. Jones at the time
of Grantee's investigation of recreational recourses. The contact information for Mr.Jones is:
Donald L.Jones
McFeeders Realty Appraisal&Management
325 West Platte Avenue
Fort Morgan,CO 80701
T: 970-867-7816
C: 970-380-1423
E: don@mcfeeders.com
(b) If Grantee conducts any tests during its investigation of recreational resources,
Grantee shall promptly provide a copy of the test results to Grantor.
(c) If Grantee obtains any written or other report(s)concerning its investigation of
recreational resources,Grantee shall promptly provide a copy of such report(s)to Grantor.
5. Grantee's Insurance. Grantee represents and warrants that it is adequately insured to
cover any claims arising out of Grantee's activities related to this TRE.
6. Existing Uses. Grantee acknowledges that this TRE may involve existing public
rights-of-way and easements for public roads and highways, public utilities and pipelines, and that
such uses may not be disturbed without the prior consent of Grantor.
7. Removal of Grantee's Tools and Equipment. All tools, equipment, and other
property taken upon or placed upon the land by Grantee shall be removed by Grantee on or before the
expiration of this TRE.
8. Prior Approval by County. This Agreement shall not be valid until it has been
approved by the Board of County Commissioners of Weld County,Colorado,or its designee.
-2- 452509.4
9. No Waiver of Immunity. No term or condition of this Agreement 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.
10. Independent Contractors. Grantee and Grantor shall perform the duties outlined in this
Agreement as independent contractors, and neither shall be considered an employee of the other.
Each party shall be solely responsible for its own acts and those of its agents and employees for all
acts performed pursuant to this Agreement. Neither party shall have authorization,express or implied,
to bind the other to any agreement, liability, or understanding, except as expressly set forth in this
Agreement.
11. Colorado Law Applies. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void.
12. Enforcement of Agreement. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall
give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
13. Attorney Fees. In the event of a dispute between Grantor and Grantee concerning this
Agreement,the parties agree that each party shall be responsible for the payment of its own attorney
fees and/or legal costs.
14. Notices. My notice to a party hereto by the other party shall be in writing and sent to
the other party by recognized overnight courier,such as FedEx,for next business day delivery,all fees
prepaid,and by electronic mail(e-mail)if an e-mail address is provided below,as follows:
GRANTOR: DPG Farms,LLC
3300 South Parker Road,Suite 300
Aurora,CO 80014
Attention: David M.White
E-mail: david.white@encoreelectric.com
with a copy to: David M.White
Encore Electric
2107 West College Avenue
Englewood,CO 80110
E-mail: david.white@encoreelectric.com
-3- 452509.4
•
and a copy to: Richard D.Judd,Esq.
Robinson Waters&O'Dorisio,P.C.
1099 18th Street,Suite 2600
Denver,CO 80202
E-mail: rjudd@rwolaw.com
and a copy to: Donald L.Jones
McFeeders Realty Appraisal&Management
325 West Platte Avenue
Fort Morgan,CO 80701
E-mail: don@mcfeeders.com
GRANTEE: Board of County Commissioners
1150"O" Street
Greeley,CO 80631
with a copy to: Bruce T.Barker,Esq.
Weld County Attorney
1150"O"Street
P.O.Box 758
Greeley,CO 80631
E-mail: bbarker@co.weld.co.us
or to such other address as a party may designate in writing to the other party.
GRANTEE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
a G: ' . . ,..rn,,e. OF WELD COUNTY, STATE OF.00
COLORADO
Weld County Clerk to the Board ar
t 4tD' .01S1
BY: aura--Jt-YCurtt t �� �y •�� 1eo a1/41 2 Q C
Deputylerk to the Board r q Doug ' .demacher,Chair
\�! „� .� i� FEB 1920i4
GRANTOR: DPG Farms LLC,a Colorado limited liability
company
7,/
David M. White,Manager
-4- 452509.4
EXHIBIT A
THE PROPERTY
Legal Description File No: 15281JTG
VersionNo:
EXHIBIT"A"
Covering the land in the State of Colorado,County of Weld,described as follows:
Portions of Sections 1,2,11 and 12,Township 5 North,Range 65 West of the 6th P.M.,being more particularly
described as follows:
BEGINNING at the Northeast corner of said Section 12,Township 5 North,Range 65 West of the 6th P.M.,and
considering the North line of said Section 12 as bearing N87°45'19"W,with all other bearings contained herein
relative thereto;
thence S00°22'26"W,along the East line of said Section 12,1630.62 feet to a point 1000.00 feet North of the El/4
corner of said Section 12;
thence S71°23'24"W,2844.50 feet to the center of said Section 12;thence N88°02'09"W,along the East-West
centerline of said Section 12,2687.66 feet to the W1/4 corner of said Section 12;thence S89°21'05'W,along the
South line of the NE1/4 of said Section 11,753.81 feet to the Southeast corner of a tract of land conveyed by Deed
recorded January 16,1976 in Book 757 as Reception No.1679098,then along the boundary of said tract of land
the following 9 courses and distances:
thence N13°19'32"E,386.46 feet;
thence N07°42'14"W,169.00 feet;
thence N59°09'4"W,129.05 feet;
thence 561°53'19"W,217.11 feet;
thence N22°35'49°W,22.27 feet;
thence 563°42'26"W,259.09 feet;
thence 583°50'07"W,20.83 feet;
thence S02°15'46'E,194.13 feet;
thence 528°24'48"W,247.12 feet to a point on the Westerly right-of-way line of County Road;
thence along said Westerly right-of-way line by the following course and distance:
Along the arc of a curve to the left whose radius is 79.45 feet and whose long chord bears 540°59'06"W,far a
distance of 8.71 feet,more or less,to the point of intersection of the South line of the NEl/4 of said Section 11 and
the West right-of-way line of County Road;
thence 589°21'50'W,a distance of 1278.89 feet,more or less,to the center of said Section 11;
thence 589°36'17"W,along the South One of the NW1/4 of said Section 11,2645.08 feet to the W1/4 corner of said
Section 11;
thence N00°25'31"E,along the West line of the NW 1!4 of said Section 11,1373.95 feet to the Northwest corner of
the 51/2 of the NW 1/4 of said Section 11;
thence 588°53'39"E,1321.83 feet along the North line of the 51/2 of the NW1/4 of Section 11:
thence N00°23'48"E,641.34 feet to the centerline of the Cache La Poudre River;
thence along said centerline of the Cache La Poudre River by the following 2 courses and distances:
N53°08'43"E,15756 feet;
N08°18'09"E,106.32 feet to the intersection of the centerline of Cache La Poudre River and the centerline of
Sand Creek;thence along said centerline of Sand Creek by the following 3 courses and distances:
N02°46'48"E,198.60 feet;
N12°31 F 19"E,171.90 feet;
N08°19'47"E,149.00 feet to the intersection of the centerline of Sand Creek and the North line of said Section 11;
thence N89°57'58"E,along said North line of Section 11,2437.24 feet to the Northwest corner of the NEI/4 of the
NE1/4 of said Section 11;
thence NOl°l4'13"E,along the North-South centerline of the SE1/4 of said Section 2 to the North right-of-way
line of the Ogilvy Ditch;
thence along the North right-of-way line of the Ogilvy Ditch to the intersection of said North right-of-way line
and the East line of Section 2;
.11.1:l Commitment-Soledzde-t Pagc 2
• DPG00006
A-1 452509.4
File No: 1528UTG
VersionNo:
thence N0l°15'22"E,along said East line of Section 2 to a point which is S0l°15'22"W,a distance of 162.50 feet
from the intersection of the South right-of-way line of Colorado State Highway 263 and the East line of said
Section 2;
thence S88°18'20"E,a distance of 2679.46 feet to a point on the East line of the SW 1l4 of Section 1;
thence NOO°48'52"E,a distance of 228.84 feet to a point on the North right-of-way line of the Ogilvy Ditch;
thence along said Ogilvy Ditch by the following 9 courses and distances:
860°27'54"E,214.30 feet;
543°04'04"E,152.37 feet;
S81°54'06"E,63.15 feet;
N63°58'36"E,127.25 feet;
N34°58'39"E,382.62 feet;
N77°55'06"E,188.75 feet;
N79°34'32"E,402.37 feet;
N77°44'23"E,135.50feet;
N50°17'42"E,103.06 feet;
thence S06°19'15"E,leaving said North right-of-way line,702.00 feet;
thence 586°41'43"E,1118.00 feet to a point on the East line of said Section 1;
thence S0D°07'59"W,along the East line of said Section 1,1217.20 feet to the Southeast corner of said Section 1,
said point being the POINT OF BEGINNING.
EXCEPT a surface right-of-way over a tract or parcel of land as described and conveyed in Special Warranty
Deed recorded May 28,1987 in Book 1158 at Reception No.2101195.
County of Weld,State of Colorado.
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DPG00007
A-2 452509.4
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