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HomeMy WebLinkAbout23-54 Accepting Grant of Permanent Easement L.G Everist Firestone Pit 05-10-2023RESOLUTION NO.23-54 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACCEPTING A GRANT OF PERMANENT EASEMENT FROM L.G. EVERIST, INCORPORATED FOR THE INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF A WATER STORAGE RESERVOIR TO BE KNOWN AS THE FIRESTONE PIT; AND APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND L.G. EVERIST FOR SUCH EASEMENT WHEREAS, L.G. Everist, Inc. ("L.G. Everist') owns certain real property located in part of the Northwest''/4 ofthe Northeast'/4 of Section 32, Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado ("Strip Parcel"); and WHEREAS, the Town of Firestone ("Town") owns certain real property located in Section 32, Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado (the "Property"); and WHEREAS, L.G. Everist is in the process of mining sand, gravel, and aggregate from a site located on the Property and developing thereon a water storage reservoir known as the "Firestone Pit;" and WHEREAS, upon completion of the Firestone Pit, a portion of the resulting water storage reservoir, approximately two (2) acres in size lying south of Weld County Road 26 3/4, outside and adjacent to the Property, will extend over, across, upon, and into a southeasterly portion of the Strip Parcel ("Easement Property"); and WHEREAS, the Town desires to obtain from L.G. Everist, and L.G. Everist desires to grant to the Town, a permanent easement on, over, under and across the Easement Property for the purpose of installing, constructing, operating and maintaining the Firestone Pit within the Easement Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees accepts the grant of a permanent easement from L.G. Everist to the Town to use a strip of land owned by L.G. Everist, as described in Exhibit A, which is attached hereto and made a part of this resolution, for constructing, operating, maintaining, and repairing the Firestone Pit and associated appurtenances on said strip of land, for the purpose of water storage. Section 2. The Board of Trustees authorizes and approves the Easement Agreement between L.G. Everist, Inc. and the Town of Firestone in substantially the same form as the copy attached hereto as Exhibit B. The Mayor is authorized to execute the agreement on behalf of the Town INTRODUCED, READ ANQ,,WOPTED this I0th day of May, 2023. TOWN F ST NE ORADO io 2� i= Froank A anaZI Mayor Prool"a ** lZ 1jrELD K. Bashor, CMC Town Clerk