HomeMy WebLinkAbout26-43 Barefoot 7A Bus Barn South Access Varra Easement 05-20-2026
RESOLUTION NO. 26-43
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ACCEPTING AN ACCESS AND UTILITY
EASEMENT FROM VARRA COMPANIES, INC. 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 (“Town”), legally described as Barefoot Lakes F7A, Town of Firestone, County
of Weld, State of Colorado (the “Property”); and
WHEREAS, Owner intends to develop approximately 238 residential lots on the Property
(“Project”) pursuant to the Barefoot Lakes F7A Final Plat (“Plat”) approved by the Town Board of
Trustee’s on July 10, 2024 pursuant to Resolution No. 24-68; and
WHEREAS, to develop the Project, Owner must construct and install certain roadway
improvements at the eastern leg of the intersection of Ronald Reagan Boulevard and Colorado
Boulevard (“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 Varra
Companies, Inc. (“Varra”) a permanent easement over a portion of its property; and
WHEREAS, Varra is willing to grant and convey to the Town an easement pursuant to the
terms and conditions of a Permanent Easement 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 Trustees desires to accept the Permanent Easement grant from
Varra 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
THE 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 a strip of land within the Varra property,
covering a total of approximately 0.15 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 between the Town and Varra, 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 20th day of May, 2026.
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Don Conyac Jr., Mayor
ATTEST:
Miriam Granados Luna, CMC, Town Clerk
APPROVED AS TO FORM:
Marshall Keith Martin, Town Attorney
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EXHIBIT A [Permanent Easement Agreement]
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ACCESS AND UTILITY EASEMENT AND AGREEMENT
THIS ACCESS AND UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into this 20 day of May 2026, by and between V ARRA COMPANIES, INC, whose address is 12618 County Road 13, Longmont, Colorado 80504 ("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 (the "Grantee"). 1.Grantor's Property. Grantor is the owner of that certain parcel of real property located inWeld County, Colorado, as legally described in Exhibit A (the "Property").2.Consideration -Grant of Permanent Easement. For and in consideration of the covenantsand agreements set forth herein, the sum of TEN DOLLARS ($10.00), and other good andvaluable consideration, the receipt and adequacy of which Grantor acknowledges, the Grantorgrants, sells and conveys to the Grantee and its successors, a non-exclusive, permanent easement(the "Permanent Easement") on, over, under and across the Property as described more fully onExhibit B, attached to and made a part of this Agreement (the "Permanent Easement Area"),subject to the terms, conditions and restrictions set forth below.3.Purpose and Uses of Permanent Easement. Grantee may use the Permanent Easement: toconstruct, install,' operate, access, maintain, repair, replace, inspect and remove at any time andfrom time to time a realigned access drive, associated. roadway improvements and one or maretraffic signals, one or more above-ground or underground electric utility lines, fiber conduit, orfiber buffer tubes needed to operate the traffic signal(s), traffic signal equipment and' relatedappurtenances thereto; and certain public signage (collectively, "Improvements") over, under,through and within the Permanent Easement Area; (b) to replace and remove at any time and fromtime to time the Improvements constructed hereunder either in the original location or at anyalternate locations within the Pennanent Easement Area, generally consistent with the intendedpurposes of the Permanent Easement and ( c) to mark the location of the Permanent Easement Areaand the Improvements by suitable markers set and maintained in the ground.4.Access. Additionally, Grantor grants and conveys to Grantee a permanent easement (the"Access Easement") for the purpose of ingress to and egress to and from the Permanent EasementArea upon, over, in and across the Property, as described more fully on Exhibit B, attached heretoand made a part of this Agreement (the "Access Easement Area").5.Grantor's Rights in Easement Area. Grantor reserves the right to use the PermanentEasement Area for any purposes which will not impair, endanger or unreasonably interfere withany of the Improvements or with Grantee's full enjoyment of the rights hereby granted. Grantorshall not impair the lateral or subjacent support for the Improvements or the Permanent EasementArea, or otherwise change the ground level in the Permanent Easement Area. Grantor shall noterect or construct any permanent structure or building, drill or operate any well, construct anyPage 1 of8
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