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HomeMy WebLinkAbout25-117 Barefoot Lakes F7A Grand Meadow Investors, LLC Permanet Easment Agreement 11-12-2025RESOLUTION NO. 25fl7 A RESOLUTION OF THE BOA OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACCEPTING A PERMANENT EASEMENT FROM GRAND MEADOW INVESTORS, LLC PERTAINING TO THE BAREFOOT LAKES FILING 7A SUBDIVISION WHEREAS, Barefoot, LLC ("Owner") is the owner of certain real property located in the Town of Firestone ("`1 own"), legally described as Barefoot Lakes F7A, `T own of Firestone, County of Weld, State of Colorado (the "Property") and and: EREAS, Owner intends to develop approximately 238 residential lots on the Property('Project") pursuant to the Barefoot Lakes F7A Final Plat ('Plat'') approved bthe Town Board of Trustee's on July 10, 2024 pursuant to Resolution No. 2468; and WHEREAS, to develop the Project, Owner must construct and install certain stormwater drainage and grading improvements at the intersection of Ronald Reagan Boulevard and Birch Street ("Improvements"); and WHEREAS, to construct and maintain the Improvements until construction acceptance, and for the continued ownership, operation, and maintenance of the Improvements by the Town after construction acceptance, the "Town will require and Owner is requesting from Grand Meadow Investors, I LC (the `"Grand Meadows") a permanent easement over a portion of its property: and WHEREAS, Grand Meadows is willing to grant and convey to the Town an easement pursuant to the terms and conditions of a Permanent Casement 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. WHEREAS, the Board of'I"rustees desires to accept the Permanent Easement grant from Grand Meadows in accordance with the terms and conditions set forth in the Permanent Easement Agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TIlE TOWN OF FIRESTONE, COLORADO: Section 1. the Board of Trustees of the Town of Firestone hereby accepts the grant of a permanent, non- exclusive easement over and across 2 separate parcels of the Grand Meadow's property, covering a total of approximatel 0,16 acres, as more particularly 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 town. Section 2. The Board of trustees of the town of Firestone hereby authorizes and approves the Permanent Easement Agreement ent between the "l"own and Grand Meadows, 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 agreement on behalf of the Town. PASSED AND ADOPTED this 12th day of November, 2025. I Dori Conya r., yor`e ATftST: r iamr.tia os Luna, Cl"vTC, Town Clerk AP AS' O F1 aeith anti , Fawn ttorne EXHIBIT A [Permanent Easement Agreement] THIS PE ENT EASEMENT AGREEMENT (this "Agreement") is made and entered into this ay of , 2025, by and among the following (individually, a "Party" and, collectively, the "Parties"): Grand Meadow Investors LLC, a Colorado limited liability company (together with its successors and assigns, "Grantor") and 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 "Grantee"),. This Agreement is made with respect to the following facts: A. Grantor is the owner of certain real property in the Town of Mead, County of Weld generally located northwest of the intersection of County Road 28 and County Road 11 (the "Property"). B. Grantor and Barefoot LLC, a Colorado limited liability company ("Barefoot") entered into that certain. Temporary Construction and Utility Easement Agreement dated July 2, 2025 to permit Barefoot's construction of certain storm water improvements and associated grading. (collectively, the "Improvements"), as required and approved by Grantee pursuant to those certain Barefoot Lakes — Filing " Birch Street & Ronald Reagan Blvd. Construction Documents, over a portion of the Property more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Permanent Easement Area"). C. It is anticipated that the Improvements will ultimately be owned and maintained by Grantee. D. To facilitate the permanent location and maintenance of the Improvements within the Permanent Easement Area by Grantee, Grantee has requested and Grantor has agreed to grant to Grantee a non-exclusive, permanent easement on, over, under, and across the Permanent Easement Area in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Permanent Easement. Grantor grants, sells, and conveys to Grantee and its licensees, agents, employees, contractors, subcontractors, consultants, and invitees, a non-exclusive, permanent easement (the "Permanent Easement") on, over, under, and across the Permanent Easement Area, subject to the terms, conditions and restrictions set forth below. 2. Purpose and Uses of Permanent Easement. Grantee may use the Permanent Easement: (a) to construct, install, operate, access, maintain, repair, replace, inspect and remove at any time and from time to time the Improvements over, under, through and within the Permanent Easement 5955241.2.:. Area; (b) to replace and remove at any time and from time to time the Improvements constructed hereunder either in the original location or at any alternate locations within the Permanent Easement Area, generally consistent with the intended purposes of the Permanent Easement; and (c) to mark the location of the Permanent Easement Area and the Improvements by suitable markers set and maintained in the ground. From and after the date that Grantee takes ownership of the Improvements, Grantee shall, at its sole cost and expense, maintain the Improvements in good condition ad repair and not cause waste on the Permanent Easement Area. 3. Grantor's Rights in Easement Area. Grantor reserves the right to use the Permanent Easement Area for any purposes which will not impair, endanger or unreasonably interfere with any of the Improvements or with Grantee's full enjoyment of the rights hereby granted. Grantor. shall not impair the lateral or subjacent support for the Improvements or the Permanent Easement Area, or otherwise change the ground level in the Permanent Easement Area, Grantor shall not erect or construct any permanent structure or building, drill or operate any well, construct any 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 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 reasonable 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, low maintenance landscaping and soft surface and/or concrete traits and sidewalks, as well as the right to cross the Permanent Easement Area with other improvements (both surface and subsurface), 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 any underground water pipelines (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. Notwithstanding the foregoing or anything to the contrary, Grantee acknowledges that Grantor intends to develop the Property and that if, in the future, Grantor pursues the approval of pls to so develop the Property from the applicable governing authorities, and such plans involve a material, foreseeable risk of damage to or the need for relocation of the Improvements, then Grantor will consult with Grantee during the development review referral process under Title 16 of the Firestone Municipal Code to design the plans to minimize, to the extent practicable, any such potential damage to or the need for future relocation of the Improvements. If, during the development review process and acting in good faith, Grantor and Grantee reasonably agree it is necessary to modify or relocate the Improvements, then Grantor and Grantee shall use best efforts to work in good faith as to whether: (a) the Improvement is in conflict with the Grantor's planned development project, including but not limited to, whether any new waterwork or other improvement design involves gravity and the feasibility of adjusting project specifications; (b) whether the Improvements must be relocated to bring anypl ed improvements into compatibility with the implementation of the Grantor's planned 2 595524 2 development project; or (c) whether Grantor can reasonably take steps other than relocation to mitigate the effect of the Improvements on the project. If, after the development review process, the Parties, reasonably and acting in good faith, determine that the Improvements must be relocated, the Parties shall, as soon as is reasonably possible thereafter, coordinate and cooperate with one another to develop a mutually agreeable comprehensive relocation plan, consisting of design plans, construction work documents, proposed relocation site(s), scheduling, costs ofrelocation, and determining the responsible party for the costs of relocation. Then, the Parties shall, as soon as is reasonably possible thereafter, enter into a project specific relocation agreement to accomplish and implement the agreed -upon relocation plan, d the Parties shall amend this Agreement to reflect the terms of the relocation agreement. Upon mutual approval of any proposed relocation agreement, Grantor shall, as p of Grantor's planned development project, undertake and complete relocation of the Improvement in accordance with the agreed -upon relocation agreement. 4. 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 and Grantee's obligations under section 4tal above, grantor will maintain the surface of the Permanent Easement Area in compliance with any applicable weed, nuisance or other legal requirements. 5. Representations and Warranties of Grtors (a) Grantor represents to Grantee, to Grantor's current actual knowledge as of the date of the execution of this Agreement, with respect to the Permanent Easement Area during the Grantors period of ownership of the same, that: (1) there is no underground storage tank on the Permanent Easement Area; and () there is no proceeding or inquiry regarding hazardous substances by any governmental authority or agency with respect thereto. For the purposes of this Agreement, 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 seq.,) and in Section 25-5-502 of the Colorado Revised Statutes, and petroleum or petroleum products. (b) Grantor hereby warrants and represents to Grantee that Grantor is seized with fee title to the Permanent Easement Area and there are no other parties with interest; that the rights conveyed herein are free and clear of liens and encumbrances except those of record; and that Grantor has sole and exclusive authority to enter into this Agreement. 6.Binding Effect - Runs With Land. This Agreement shall extend to and be binding upon the successors and assigns of the respective parties hereto. The rights and responsibilities set forth in this Agreement are intended to be covenants upon the Permanent Easement Area and are to run with the land. 3 5955241.2 7. Entire Agreement;Amendments, This Agreement constitutes the entire agreement between the parties hereto relating to the Permanent Easement and sets forth the rights, duties and obligations of each to the other regarding the subject matter hereof. Any prior agreements, promises, negotiations or representations related to the subject matter hereof 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. 8. Compliance with Laws. Grantee shall comply with all applicable laws in connection with its use of the Permanent EasementArea, the Permanent Easement, and the Improvements. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, with venue in Weld County. 10. Severability. If any part, term or provision of this Agreement shall be held unenforceable or invalid, the remainder of this Agreement 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. 11. Electronic Signatures; Counterparts. The parties may execute this Agreement in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. The facsimile, pdf, or Doc Sign signature of any party on this Agreement (and on any instrument required or permitted to be delivered to a party pursuant to this Agreement) will be deemed an original for all purposes. [ Signature and E. hibit pages follow ] 59552412 IN WITNESS J , the Parties have executed this Agreement on the date d year first above written. STATE ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2025, by yjr \' ltd as t' ¢ f Grand Meadow dog Investors LLC, a Colorado limited liability company. y Wil NESS my hand and official seal. My commission expires. ;'° riVERYMAUVAIS Notary Public Notary PLA State of Clore t� F t)t ry ID # 2024#029563 y Commission Expire 0 -07-2020 5 Grantor Signature Page to Permanent Easement Agreement 5955241.:2 PROVED E s\Tii1a11Veit Miiti, Tt wi tt+arn y `953'241 2` COLORADO MORE PART CULA WITH ALL BEAR INS HERE N BEING REFERENCED TO SA S0. 54 ID SOUTHEAST 3U .RTE F SECTION 26 AND THE POINT OF BEGINNING: THENCE ALONG SAID FIRST DESCR EED PARALLEL LINE, SOUTH 89 1534 REST, A DISTANCE OF 10.E FEET,. THENCE DEPART1H LLEL LIE. NORTH 00 243 AEST ADISTNCE OF 33,09 FEET: THENCE NORTH 69'47'17- EAST. D STANCE OF 10,00 FEET TO SAID SECOD DESLR BED PARALLEL LINE, THENCE ALONG SAD SECOND OESCRIBED PARALLEL LINE. SOUTH O0013'"43"°EAST, AD OTANCE F 33.02 FEET TO E POINT OF BEGINNING CONTAINING AND AN AREA OF 330 SQUARE FEET CR0,003 ACRES MORE R LESS REEL T COMMENCING T THE SOUTHEAST CORNER OF SAID SECTION - y W HENCE THE SOUTH L 4E OF SAID SOUTHEAST U' TES OF SECT I N 26 BEARS SOUTH H 6E' 13W ' TEST, 01STANCE OF 3655;55 FEET, ° H ALL BEAR INS HEREIN BEING REFERENCED TO 540 SOUTH LINE THENCE NORTH 8536'05.'*'* ES" , M 0 STANCE OF 4224 FEET TO THE 1NTE SE T1 A (F L NE PARALLEL WITH AND 01 STANT N THEE L"L` 30,0E FEET FROM SA I0 SOUTH LINE OF THE SOUTHEAST UA OF SECTION 26 AND LINE PARALLEL WITh AND 0 STANTVVESTERL3000 FEET FROM THE EAST L HE OF' SA I0 SOUTHEAST QUARTER OF SECTION 36; THENCE ALONG SAD FIRST DESCRIBED PARALLEL LINE. SOUTH 831E 34 AEST A DiSTAN 'E OF 317.23 FEET TO ThE POINT OF BEGBEGINNING, THENCE CONTINUING ALONG SAID PARALLEL L11HE SOUTH 69$'16'34"' A'EST A DISTAN E OF 25,00 FEET THENCE DEPARTIH SAD PARALLEL L HE NORTH 20'43`36 14VEST, . DISTANCE C F 13.05 FEET THENCE NORTH 3S° 1534 T A DSTAN E OF 35.00 FEET. THENCE SOUTH 0043136 ST, A 131ST CE OF 366 FEET TO E POINT OF BEGINNING. CONTAIN NN AREA OF 346 SQUARE FEET OR 8000 ACRES MORE OF 1LLUSTRATlON ATTACHED AND MADE A PART HEREOF ANTHONY K. L, P11 38638 COLORADO LICENSED PROFESS ONAL LAND SURVEYOR FOR AND ON BEHALF OF AZTEC CONSULTANTS,1NC 300EMNERALA1ENUE„ SUITE 1 ITTLETON, CO80122 05/16/202% 8 5482249-BarefootHike$FT Plal p \Qffst 0rup Esm 2.dc I OF3 PAGES 5955241 tONTOEXHBtTA LIMPLA D SE 1/`4 SEC. 26, TIN, 8L 6TH P.T. C 5i PARCELI, PARCEL CONTAINS PARCEL. 2 330 PARCEL CONTAINS . ET.„ 4}P O. ACMES346 , SQ. ET. MOPE P> LESS OR 0008 ACRES( L3 i MORE OR LEs:L8 L Ll .> e L Li TIE .rM im4 E>RONALD REAGAN BLVD. (BASIS OF BEARINGS)_ Tu y= LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING tflGTh L1 S89 8913AMV z. E. E` U 8916 T4 1 L SCLC`T 43" 33 E , Lrs N171'3° 1/* 13 E5' L, N994 17"E 10 00'' L I N89 ' '34'E I 1x1243"E 3300 L£ E CT" i 3' E E 1. E' N POC POINT OF COMMENCEMENT a° P06 m POINT OF BEGINNING NOTE TAb ILLUSlRAVAi t;CE i,,11 EPRE"SE ST A U %UVENTELCr AsC IS LT I IESCEL ICk LE'NI THE ATTA= H D CLEF A C' ". 4"IPTI AlAGE8ENT I SOUTHEAST QUARTER SECTION 6, 13N, 6 WQ 6TH P. M. : « T OF FIRESTONE, WELD COUNTY. COLORADO da, � ss�?rv*a4.a 59S241 2