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Home My WebLink About23-44 Utility Easement United Power, Inc. 04-26-2023RESOLUTION 23-44 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A UTILITY EASEMENT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND UNITED POWER INC WHEREAS, United Power Inc. ("United Power") installed a transformer and electric service to Blend Station 1 of the Transmission Pipeline Project; and WHEREAS, Blend Station 1 is one of the two points of connection to transmit water from the St Wain Water Treatment Plant to the Town of Firestone's ("Town") distribution system; and WHEREAS, in the course of its work United Power realized they did not have a Utility Easement from the Town for the transformer adjacent to the new Blend 1 Station transformer which is located at the Firestone Sports Complex; and WHEREAS, United Power is thus requesting a 625 sq,ft Utility Easement from the Town, that will accommodate both transformers; and WHEREAS, staff recommends that the Town accommodate United Power's request by having it execute the Town's standard form Utility Easement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Utility Easement Agreement between the Town of Firestone and United Power Inc. is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Utility Easement Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisjklay of 2023. Alan Peterson, Mayor Gonzalez, Deputy Town Clerk 4895135 04/28/2023 10.42 AM Total Pages- 8 Rec Fee- $48.00 Carly Koppes - Clerk and Recorder, Weld County, CO UTILITY EASEMENT AND AGREEMENT This UT ITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into this day of "i I , 2023, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, whose address is 9950 Park Avenue., Firestone, Colorado, 80504 ("Firestone" or "Grantor") and UNITED POWER INC., a Colorado cooperative association ("Grantee"), whose address is 500 Cooperative Way, Brighton, CO, 80603. 1. Grantor's Property. Firestone is the owner of that certain parcel of real property (the "Property") located in Weld County, Colorado, legally described as Firestone Sports Field Site, as shown on the Minor Plat of the same name recorded in the offices of the Weld County Clerk and Recorder at Reception No. 2743710 on January 12, 2000, 2. Grant of Easement —Consideration. Firestone grants to Grantee a perpetual, non-exclusive easement (the "Easement") over, under, in and across that portion of the Property as more fully described in Exhibit A, attached to and made a part of this Agreement (the "Easement Area"), subject to the terms and conditions set forth below. Nothing in this Grant of Easement shall supersede either parties rights or responsibilities under any effective franchise agreement between the parties. 3. Purpose and Uses of Easement. Grantee may use the Easement- (a) to access, operate, use, maintain, repair, reconstruct, replace, inspect, and remove, at any time and from time to time, existing buried electric power lines and two existing surface transformer cabinets (the "Improvements") upon, across, over, under through and within the Easement Area; (b) to remove obstructions to the Improvements; and (c) to mark the location of the Easement Area and Improvements by suitable markers set and maintained in the ground. Nothing herein shall be construed to permit any overhead utilities or any surface or underground facilities or equipment associated with any utilities other than electric within the Easement Area. 4. Grantor's Rights in Easement Area. Firestone reserves the right to use the Easement Area for any purposes that will not impair, endanger or unreasonably interfere with any of the Improvements or with Grantee's full enjoyment of the rights hereby granted. Firestone shall not erect or cause to be erected any permanent buildings or structures within the Easement Area without the prior written consent of Grantee, which shall not be unreasonably withheld. 5. Construction. A. Grantee shall provide Firestone a complete set of "As -Built Plans" for the Improvements, in paper and electronic format, within thirty days following construction and installation of the Improvements. B. Grantee shall ensure that construction of the Improvements shall be undertaken by a licensed contractor, and shall cause all work to be performed by such contractor to be in accordance with all applicable statutes, ordinances, rules, regulations and permitting requirements. 4895135 04/28/2023 10.42 AM Page 2 of 8 6. Oneration and Maintenance. A. Grantee shall be solely responsible for the maintenance and replacement of the Improvements now or hereafter constructed and located within the Easement Area. B. Upon completion of any construction work in the Easement Area, Grantee will maintain the surface of the Easement area in compliance with any applicable weed, nuisance or other legal requirements. C. Upon completing any work in the Easement Area, Grantee will make such repairs or take such other action as may be necessary to restore the surface of the Easement Area to a condition comparable to its condition prior to Grantee's activities in the Easement Area, including but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably satisfactory to Firestone, correction of any subsidence, and restoration of any other pre-existing improvements or conditions impacted by Grantee's activities. 7. Depth of Cover. Unless a greater depth is required by applicable law, Grantee shall initially bury underground electrical facilities within the Easement Area at a minimum depth of four (4) feet below the surface of the ground. 8. Liability and Responsibility. A. Firestone shall have no obligation to contribute to the costs or expenses of initial construction or installation of the Improvements. B. Except for any negligent or willful act or omission, Firestone shall not be responsible or held liable for damages to the Improvements resulting from any work conducted by Firestone on the Property or in connection with performing authorized emergency repairs and maintenance of any existing improvements on the Property. C. Nothing in this Easement Agreement shall be construed to be a waiver of the limitations on liability which are provided to Firestone under any provision of law or the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as currently enacted or subsequently amended ("CGIA"). 9. Binding Effect - Runs With Land. This Agreement shall extend to and be binding upon and inure to the benefit of the Parties to this Agreement and their respective successors and assigns, including without limitation, all subsequent owners of the Property, and all persons claiming under them. The rights and responsibilities set forth in this Agreement are intended to be covenants upon the Easement Area and are to run with the land. 4895135 04/28/2023 10.42 AM Page 3 of 8 10. Notices. Any notice, request, consent, offer or demand required or permitted to be given in this Agreement, shall be in writing and be sufficiently given if delivered in person or sent by mail or email, addressed to the party to whom such notice is intended to be given at the address set forth below: Town of Firestone Matthew Wiederspahn, Town Engineer 9950 Park Avenue Firestone, CO, 80504 303-531-6254 MWiederspahn@FirestoneCO.gov United Power Mark Alessi, Senior ROW Agent 9586 I-25 Frontage Road Longmont, CO, 80504 720-685-5640 malessi@unitedpower.com 11. Governing Law; Venue: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. Jurisdiction and venue for any actions arising from this Agreement and any amendments hereto shall rest exclusively in Weld County, Colorado. 12. Amendment: Waiver: No provision of this Agreement may be amended, waived or otherwise modified without, except by a writing executed by both Parties. The waiver by any party of a breach of any provision or condition contained in this Agreement shall not operate or be construed as a waiver of any subsequent breach or of any other conditions hereof. 13. Authority. Firestone warrants that it has full right and lawful authority to convey the real property interests contained in the Easement granted above. Each parry represents and warrants to the other that it has full power and authority to enter into this Agreement and to bind itself, its respective successors and assigns, and that no other contract or agreement to which it is a party prevents it from executing this Agreement or concluding the transactions described herein. 14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto relating to the Easement and sets forth the rights, duties and obligations of each to the other as of this date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. 15. Severability. If any part, term or provision of this Agreement shall be held unenforceable or invalid, the remainder of this Easement and the application of such part, term or provision to persons or situations other than those to which it shall have been held unenforceable or invalid shall not be affected thereby, but shall continue to be enforceable and enforceable to the greatest extent permitted by law. IN WITNESS WHEREOF, the parties have executed this Utility Easement and Agreement, effective as of the date first set forth above. (2 signature pages follow) 4895135 04/28/2023 10.42 AM Page 4 of 8 _I' THE TOWN OF FIRESTONE, COLORAD o municipality By: Drew Peterson, Mayor TEST: Mir Una Gonzalez, Deputy Town Clerk 4895135 04/28/2023 10.42 AM Page 5 of 8 ACCEPTED BY GRANTEE: UNITED POWER, INC., a Colorado cooperative association By: 1 V t e t Title; Lw > 4 STATE OF COLORADO ) )SS. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this day of r` , 2023 by yr 6o wic. . -,as L a oA Mn Aa,.Q t r of United Power, Inc.. Ili WITNESS my hand and official seal. My commission expires: // Not4ty Public Zayda L Vargas NOTARY Pt1RuC STATE OF COLORADO NOTARY ID# 20224o012D5 MY COMMSSION EXPIRES 61111/2M 4895135 04/28/2023 10.42 AM Page 6 of 8 EXIIIBIT A [the following 2 pages] 4895135 04/28/2023 10.42 AM Page 7 of 8 EXHIBIT "A" DESCRIPTION A PORTION OF THAT PARCEL OF LAND AS DESCRIBED IN A WARRANTY DEED TO TOWN OF FIRESTONE, FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.2743708. SAID PARCEL OF LAND IS LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: POCKET EASEMENT COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7, AS MONUMENTED BY A FOUND 3.25 INCH ALUMINUM CAP WITH ILLEGIBLE MARKINGS; THENCE SOUTH 77'08'00" WEST, A DISTANCE OF 123.52 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE SIXTY (60) FOOT RIGHT OF WAY FOR FIRESTONE BOULEVARD, AND THE POINT OF BEGINNING; THENCE, OVER AND ACROSS SAID PARCEL OF LAND THE FOLLOWING FOUR (4) COURSES AND DISTANCES; 1. THENCE SOUTH 88'48'43" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 25.00 FEET; 2, THENCE SOUTH 00°51'11" WEST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 25.00 FEET; 3. THENCE NORTH 88'48'43" WEST, 25.00 FEET SOUTH OF AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 25-00 FEET; 4. THENCE NORTH 00'5111" EAST A DISTANCE OF 26.00 FEET TO THE POINT OF BEGINNING. THE TOTAL AREA OF THE ABOVE -DESCRIBED POCKET EASEMENT IS 0.014 ACRES (625 SQUARE FEET) OF LAND, MORE OR LESS. NOTES: 1. SEETHE ATTACHED ILLUSTRATION BY WHICH THIS REFERENCE IS MADE PART HEREOF. 2. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE ACKLAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENT$, RIGHTS OF WAY, VARIANCES, AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 3. BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS VIA WRS NOWPOSITIONING SYSTEM AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (C.R.S. 38-52-105 & 106). 4. DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GRID, THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0,999728127. 5. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. SAID LINE BEING MONUMENTED ON THE EAST BY THE NORTHEAST CORNER OF SAID SECTION 7, BEING A FOUND 3.25 INCH ALUMINUM CAP WITH ILLEGIBLE MARKINGS AND ON THE WEST BY THE NORTH ONE -QUARTER CORNER OF SAID SECTION 7, BEING A FOUND 2.5 INCH ALUMfNUM CAP MARKED 'PLS 31169 2003' AND BEARS NORTH 88'48'43" WEST. PROJ. NO, 226020 PREPARED BY: JONAS M. COLLIER DATE PREPARED: 07W512022 FOR AND ON BEHALF OF ACKLAM, INC. 133 S. 27" AVENUE BRIGHTON, CO 80601 303.659.6267 WD 202111027 TOWN OF RRESTORE-DESC.do. PRIN7ED' 715M222:30:00 PM Jm C06r, PLS REVISIONS ®N�� DESCRIPTION SHEET 1 OF 2 4895135 04/28/2023 10.42 AM Page 8 of 8 V4 CORNER SEC 65EC 5 26'ALUM CAP ILLEGRE en SE114 SECTION 6 T2N R67W6THPM Ii AsA ,�4 r ITYP) F�ECTRIC GAS 4TNT x ELECTRIC W tlNE PROX LOCATION 60'RO w c[AVERT V4 CORNER (BASIS OF BEARINGS) SEC &SEC 7 Ilk. h 88'48-43- W 2639 6- POO POCKET EASHENT 2.5-ALUM CAP $25 ALUM GAF PLS 3 1169 203 J FIRESTOALF&VD. r L ILLECOLE I isu;?VEY TiE TOP 0.5 Al POCKETFASEIVENT L4 177'110,1 W f23 32) - - - - - - - - - - - - - - - - - - - 20'EASEMEN'r CENTRAL WEELD COUNTY El T17, TR,7NSF£R1aFR WATER DISTRICT REC No 02MI983 L3 30'EASENI&NT TOWN OF FIRESTONE CENrRAL WELD COUNTY REC, NO- 2743708 WATERDiSTRYCT x. REC NO. 1632346 APN 13110700014 NE114 SECTION 7 T2N R6 7W 6TH PAl 60'R 0. W POCKETEASEMENT LINE TABLE LINE BEARING DISTANCE Lf S 88'48'43" E 25.00' L2 S00'5111"IN 2500, L3 IV88-4843-W 25 00' 200' L4 N00'51'JI'E 25,00, TOTAL AREA- 0.014 ACRES (625 SO. FT) lCCCAATEORC`V4fPiFTE ClThER C%LffXES.VAY EXTSFANDARE TO HE FIELD LOCATED Or OTHERS FRW TO EXCAVAllaq 21 TH"S LXl(IVrAASFREPAAE-q VdMOU717ir 8ENE47CFA TTnf COAMWPArr, OfFRIFFOREACKLAV Me NASNOtRESFAkChrD CA SNCMAwlT-.ER EASEMENTS RIGHTS CFMY, VARIANCES AHD OR AGREEMENTS Of RECORD FA'CFfiAS S.tO1M1N 1fEREOw 3) MIS FAMOT4 hOTA LAND SURVEY PLATOR WROVTWhTSUR4Y PLAT fXCLPrF0R TN E r4S9MtNTRlGWOf AAY 0FJN-'rED HEREON i7f$ MOT TO af RFJJED UPON PON T,HF OWSION CIP LAND: ESTABLISHMENT OF ANY LAND ROP)NDARr ;EWE 60,01MG, 71512022 149 OXNEDO"'tE'O S AND PRO&OTrO TOCCLORADO COGLUNNArF SYSTEM OF W NORM ZOAf-(C RS �W,52-105J 1061 DISTANCES SIN7KINKAEONAAE W US SURVEY PEE-r — TWErOMWINEOPACTOR USED TOOSTVN THE GRO0157ANCES IS 0 MTOIZ-, 5) hOnCi ACCORnfw, rcccLcAAvoLAw YCumusrcaAwENCAANY LrWi ACTION EASEL UPONANYDEFECTih 7trS SUPIrY AMW "-,-E YTAAZ A ,R W W 91*41MAY AWACrON OASFO UPON&SY rFFFC-w THS SURVEY $IF COMMENCED MORE TMAm TEN THE GATE Ca.W iRTW UT" WMHEREON 5) THIS EXHllU7MSPRZFARE0 VY�S M COLLXR 30 FLS780 VCR AND ON Of.NALF0FAC&AM INC 1M S 2'ThAVENUE EfflGHTON C"mp 7) SEE THE ATTACHED VFSCAWT*N RYVkXH TVS RirERENCEtS MADE HEREOF A cklum, Inc. UNITED POMR EXHIBIT 'A'ILLUSTRATION NE114 SECTION 7 T2N R67W 6 TH IDA WELD COUNTY. COLORADO SCA,E 1%1= OAlE 02027 Aw AVW rAm 133 S 27Lh A "je Snqhl.n. CO 80601 11713Sho m vleNO�dook A.itiD , YX 70732 JOS NAVE RRESmsl0wpn-lwll - SHEET 2 OF I RE, - 'Texas