HomeMy WebLinkAbout25-99 St. Vrain Valley School District Access & Utility Easement and Agreement 09-24-2025RESOLUTION NO, 2599
A RESOLUTION OF THE BOARII OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, ACCEPTING AN ACCESS AND UI'ILIT' EASEMENT FROM ST. \'RAIN
VALLEY SCHOOL DISTRICT -1d PERTAINING TO THE BAREFOOT LAKES FILING 7A
SUBDIVISION
WHEREAS, Barefoot, IA C ()wner") is the owner of certain real property located in the 1'own of Firestone
("ITown" ), legally described as Barefoot Lakes Iw"7A, Down of Firestone, County of Weld, State of`Colorado (the "Property a"" f
and
WHEREAS, Owner intends to develop approximately 238 residential lots on the Property ("Project") pursuant
to the Barefoot Lakes F7A Final Plat ("`flat") approved by the Town Board oil ruste's on July 10, 2O4 pursuant. to
Resolution No. 2468; and
WHEREAS,
...,EfAS, to develop the Project,Owner must construct and install certain public improvements,including
without limitation, a traffic signal and intersection improvements at the intersection of Ronald Reagan Boulevard and
Colorado Boulevard ("Improvements") and
WHEREAS, to construct and maintain the hnprovanents until construction acceptance, and for the continued
ownership, operation, and maintenance of the improvements by the °I'own after construction acceptance, the "lovvn will
require and -Owner is requesting from St. Frain Valley School District RI I 1 (the "Distr°ict") a utility easement over a
portion of its property; and
WHEREAS, the District is willing to grant and convey to the Tow=n an easement pursuant to the terms and
conditions of an Access and Utility Easement and Agreement, attached as Exhibit A. to be located on, over, under, and
across the lands more particularly = described and depicted in the attachment to Exhibit A, which will correspond with the
location of the improvements as shown in the Final Construction Documents for the Plat.
V4 HEREAS, the Board of Trustees desires to accept the Access and Utility Basement grant from the District in
accordance with the terms and conditions set forth in the Access and Utility Ease vent attached hereto as Exhibit A
NOW, THEREFORE, BE IT RESOLVED B'r' THE BOARD OF TRUSTEES OF TIIE TOWN OF
FIRE STONE, COLORADO:
Section 1. "Tile Board of Trustees of the Town of Firestone hereby' accepts the grant of a permanent, non-
exclusive access and utility casement over and across approximately 15 acres of the District property, as described and
depicted in Exhibit A, attached hereto and made a part of this resolution, with the Mayor being authorized to execute and
acknowledge the grant of the easement on behalf of the I -own.
Section 2. The Board of Trustees of the Town of Firestone herebyauthorizes and approves the Access and
Utility ° Easement Agreement between the Town and the District, in substantially the same loon as the copy attached
hereto and made a part of this resolution. and the Mayor is authorized to execute the agreement on behalf of the. Town,
PASSED AND ADOPT El) this 24th day of September, 2025.
EXHIBIT A
[Access and Utility Easement Agreement]
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reservoir or impoundment, raise or lower the ground elevation, or install or plant any trees or
woody shrubs within the Permanent Easement Area without the prior written consent of the
Grantee, which shall not be unreasonably withheld. Grantee shall have the right to cut, mow, or
otherwise remove trees, undergrowth, weeds, brush, vegetation or other obstructions from the
Permanent Easement Area that, in its judgment, may injure, endanger or interfere with the
Improvements or Grantee's exercise of the rights granted herein, Grantor reserves all other rights,
including the right to use the Permanent Easement Area for vehicular and pedestrian access,
including low maintenance landscaping and soft surface and/or concrete trails, as well as the right
to cross the Peent Easement Area with other utilities or other easements; provided, however,
that any such utility crossings, access or other easements do not interfere with, adversely impact
or otherwise disturb the Improvements or impair the rights granted to Grantee under this
Permanent Easement, and provided that any new underground utilities, facilities or other
improvements are not installed or located within twenty-four inches above (vertically) and ten feet
on either side of (horizontally) the centerline of the underground water pipeline (the "No -Install
Zone"), or that construction or installation of any new underground utilities, facilities or other
improvements do not require relocation of or future modifications to any existing Improvements.
Grantee shall in no event be liable for any damages to any landscaping, trails, new underground or
aboveground utilities, facilities or other improvements installed or located within the No -Install
Zone or the Permanent Easement Area resulting from the Improvements or caused by the exercise
of Grantee's rights hereunder.
6. Maintenance of the Permanent Easement Area.
(a) Upon completing any work in the Permanent Easement Area, Grantee will make
such repairs or take such other action as may be necessary to restore the Permanent Easement Area
to a condition comparable to its condition prior to Grantee's activities in the Permanent Easement
Area, including but not limited to the reseeding and replanting of any disturbed areas in, a manner
reasonably satisfactory to Grantor, correction of any subsidence, and restoration of any other
improvements or conditions impacted by Grantee's activities.
(b) Upon completion of construction work in the Permanent Easement Area, Grantor
will maintain the surface of the Permanent Easement Area in compliance with any applicable
weed, nuisance or other legal requirements.
7. Representations and Warranties of Grantor.
(A) Grantor represents to the Town, to Grantor's knowledge as of the date of the
execution of this Permanent Easement, with respect to the Property that: (1) the Property has never
been used as a landfill or waste dump; (2) that there has been no installation in or production,
disposal, or storage on the Property of any hazardous substances, including, without limitation,
asbestos, by Grantor, Grantor's tenants, or any previous owner or previous tenants, or any other
activity which could have toxic results; (3) there is no underground storage tank on the Property;
and (4) there is no proceeding or inquiry by any governmental authority or agency with respect
thereto. Grantor shall indemnify, defend and hold the Town harmless from and against any and all
claims, demands, and liabilities, costs and expenses (including expert fees and attorney fees)
Page 2 of 7
arising or resulting from a breach of the covenants and warranties contained in this paragraph. For
the purposes of this Pennanent Easement, hazardous substances means all hazardous substances
as defined in the Comprehensive Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9601, et t seg.,) and in Section 25-5-502 of the Colorado Revised Statutes, and
petroleum or petroleum products.
(B) Grantor hereby warrants and represents to the Town that Grantor is seized with fee
title to the underlying real property and there are no other parties with interest; that the rights
conveyed herein are free and clear of liens and encumbrances; and that Grantor has sole and
exclusive authority to enter into this Permanent Easement.
8. Binding Effect - Runs With Land, This Easement shall extend to and be binding upon the
successors and assigns of the respective Parties hereto. The rights and responsibilities set forth in
this Easement are intended to be covenants upon the Easement Property and are to run with the
land.
9. Entire Agreement= Amendments. 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. This Agreement may not be
modified or amended, except by a writing executed by both Parties.
10. Compliance with Laws. Grantee shall comply with all applicable laws in connection with
its use of the Permanent Easement Area, the Access Easement Area, and the Improvements.
11. Governing Law. This Easement and all of the terms and provisions hereof shall be
governed by and construed in accordance with the laws of the State of Colorado, with venue in
Weld County.
12. Severability. If any part, term or provision of this Easement 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.
13. Counterparts. This Agreement may be executed by the parties in counterparts, each of which
shall be deemed to be an original and all of which, when taken together, shall constitute one and the
same Agreement.
[Signatures and acknowledgments on following page]
Page 3 of 7
IN WITNESS WHEREOF,the Grantor and Grantee have executed this instrument on the
date and year first above written.
GRANTOR:
Title: .. a ; ,
STATE OF COLORADO
) ss
COUNTY.
The foregoing instrument was acknowledged ed before me this day e
2025, her as asst t er
of the Subject Property.
Witness my hand and official seal.
(Title of office)
A_ 'L , 0Z
(Commission Expiration)
[Signatures continue to of wing page]
Page 4 of'
r
ATTEST.
(iriittoLi'ia, T Clary
T AS TO I'ORM:
Bw
all Keith Mrtrri, Town Attorneys
Page 5 of 7
EXHIBIT A
[Property Description]
Page 6 of 7
A
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EXHIBIT B
[Description of Easement to be conveyed to the Town of Firestone]
Page 7 of 7
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THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89G1843°' EAST, A DISTANCE OF
417B5 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 0 *4 49'" EAST, A DISTANCE OF 13M0
FEET;
THENCE NORTH 891B43'" WEST, A DISTANCE OF 38643 FEET;
THENCE NORTH OOO2949'" WEST, A DISTANCE OF 34.53 FEET;
THENCE SOUTH 893411 WEST, A DISTANCE OF 31.67 FEET TO SAID EASTERLY RIGHT-OF-
WAY;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH CEO. 25"49"' EAST, A DISTANCE OF 4691
FEET TO THE POINT OF GI NI
CONTAINING AN AREA OF 6,517 SQUARE FEET OR 0.150 ACRES, MORE OR LESS.
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SW 1/4 SEC.. 30
TN, R67W 8TH P.M.
S893411"W 31.67' L i
N0025490W 3453 C D X :: TION
PARCEL CONTAINS NO. 1209-.:.0-8
OR NO. 3412692
[0.150 ACRES,
MORE OR LESS 1 ¢ N004249"E
N,89#18'43"W386.43' 13,00'
'1'•4''Ex417.85' S '1`' r. . '
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0` SO" 100' 200°
SCALE. 1" 10`
NOTE: THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION,
ACCESS EASEMENT
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J NUMBER : 54823-0S 6ATEcQ$ 0i 2025 WG CH 2 or 2 PACE: