HomeMy WebLinkAbout20-54 Barefoot LLC Public Roadway Improvements 05-27-2020RESOLUTION IN "a
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A DEVELOPMENT
AGREEMENT WITH BAREFOOT LLC PERTAINING TO THE
CONSTRUCTION AND INSTALLATION OF PUBLIC ROADWAY
IMPROVEMENTS; ACCEPTING A GRANT OF A SLOPE AND
DRAINAGE EASEMENT FROM MARK W. AND DEBORAH M. SCHELL
AND APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND MARK W. AND DEBORAH M. SCHELL FOR SUCH
EASEMENT; AUTHORIZING A LICENSE AGREEMENT WITH ST.
VRAIN METROPOLITAN DISTRICT AND BAREFOOT LLC TO USE A
PORTION OF rr"XXTM RIGHT-OF-WAY FOR OPERATION AND
MAINTENANCE OF SIGNAGE, LANDSCAPING AND IRRIGATION
IMPROVEMENTS
WHEREAS, the Town has approved a Final Development Plan for Barefoot Lalces Filing
4 ("Filing 4 FDP"), which provides details of the private and public improvements to be located
within Barefoot Lakes Filing 4 subdivision development; and
WHEREAS, as part of the Filing 4 FDP, the Town has approved a Final Utility Plan
("FUP"), entitled Barefoot Lakes Filing No. 4 — Ronald Reagan Boulevard, and which FUP will
require construction of public right -of --way and related roadway improvements, including without
limitation Ronald Reagan Boulevard and signage and landscaping improvements to be located
within Ronald Reagan Boulevard; and
WHEREAS, the Town and Barefoot LLC ("Barefoot") desire to enter into a development
agreement for the orderly construction and installation of the public improvements required
under the approved FUP, to be accomplished in three phases, a copy of which is attached hereto
as Exhibit A; and
WHEREAS, it is necessary for the Town to acquire a permanent slope and drainage
easement across certain real property owned by Marlc W. and Deborah M. Schell (collectively,
"Owner") to facilitate the installation and continued operation and maintenance of Ronald
Reagan Boulevard; and
WHEREAS, Owner is willing to grant to the City a permanent slope and drainage
easement for Ronald Reagan Boulevard, pursuant to the terms and conditions of an easement
agreement, attached hereto as Exhibit B; and
WHEREAS, St. Vrain Metropolitan District(the "District") and Barefoot further desire to
use and occupy certain portions of Ronal Reagan Boulevard for installation and maintenance of
certain signage for Barefoot Lakes Filing 4, such as entry monuments, traffic signage, which will
be distinct from the signage typically utilized within the Town ("Barefoot Signage"), as well as
certain landscaping and irrigation improvements within those portions of Ronal Reagan
Boulevard as described in the Filing 4 FDP and FUP; and
WHEREAS, the District's and Barefoot's proposed use of Ronald Reagan Boulevard for
the Barefoot Signage, landscaping and irrigation improvements will require a license from the
Town, and the Town is willing to grant the District and Barefoot the necessary permission for
use of Town right -of --way, pursuant to the terms and conditions of a license agreement, attached
hereto as Exhibit C.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
Section 1. The Development Agreement between the Town of Firestone and Barefoot
LLC is hereby approved in substantially the same form as the copy attached hereto as Exhibit A,
and the Mayor is authorized to execute the agreement on behalf of the Town.
Section 2. The Board of Trustees accepts the grant of anon -exclusive, permanent slope
and drainage easement from Mark W. and Deborah M. Schell to the Town to use a strip of land
owned by Mark W. and Deborah M. Schell for constructing, operating and maintaining slope and
drainage improvements on said strip of land.
Section 3. The Slope and Drainage Easement and Agreement between the Town of
Firestone and Mark W. and Deborah M. Schell is hereby approved 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.
Section 4. The Board of Trustees hereby approves and authorizes the grant of a non-
exclusive, revocable license to St. Vram Metropolitan District and Barefoot LLC for operating and
maintaining the Barefoot Signage, landscaping and irrigation improvements within Ronald Reagan
Boulevard.
Section 5. The Revocable License Agreement between the Town, St. Vrain
Metropolitan District and Barefoot LLC is hereby approved in substantially the same form as the
copy attached hereto as Exhibit C, and the Mayor is authorized to execute the agreement on
behalf of the Town.
INTRODUCED, READ AND ADOPTED this day of , 2020.
TOWN OF FIREST NE, COLORADO
ATTEST:
Mayor
Koenig, T
C:
yashi, Town Attorney
4594118 05/28/2020 01.57 PM
Total Pages: 5 Rec Fee: $33.00
Carly Koppes - Clerk and Recorder, Weld County, CO
SLOPE AND DRAINAGE EASEMENT AND AGREEMENT
THIS SLOPE AND DRAINAGE EASEMENT AND AGREEMENT ("Agreement") is made
and entered into this H - day of , 20 2_a (the "Effective Date"), by and between
Mark W. Schell and Deborah M. Schell, hose address is P.O. Box 943, Berthoud, Colorado
80513, ("Grantor"), and THE TOWN of FIRESTONE, COLORADO, a municipal
corporation, whose mailing address, for purposes of this Agreement, is PO Box 100 Firestone,
CO 80520 ("Grantee").
1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in
Weld County, Colorado, commonly known as the Westrian Ranch Annexation (the "Property").
2. Grant of Easement — Consideration. For and in consideration of the covenants and
agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor grants, sells
and conveys to the Grantee, its successors and assigns, a non-exclusive and permanent easement
(the "Easement") on, over, under and across the Property as described more fully on Exhibit A,
attached to and made a part of this Agreement (the "Easement Area"), subject to the conditions
and restrictions set forth below.
3. Purpose and Uses of Easement. The Easement is for the purpose of providing and
maintaining public drainage facilities. Grantee may use the Easement to construct, install,
operate, use, maintain, repair, modify, reconstruct, replace, inspect and remove, at any time and
from time to time, roadway slopes and other surface or underground drainage structures and
facilities, including without limitation channels, ditch sections, storm sewers, culverts, curb and
gutter, inlets, cut and fill slopes, embankments, and road shoulder (the "Improvements"), and for
access to the Improvements, on, over, under and across the Easement Area.
4. Additional Rights of Grantee. Grantor further grants to the Grantee:
(a) the right from time to time to enlarge, improve, reconstruct, relocate and replace
the Improvements constructed hereunder either in the original location or at any
alternate location or locations within the Easement Area, generally consistent with
the intended purposes of the Easement;
(b) the right to use so much of the land adjoining the Easement Area as shall be
reasonably necessary to enable workers and equipment to properly and
conveniently construct, maintain, improve, repair, reconstruct, and replace the
Improvements upon, over, within, through and across the Easement Area. Grantee
shall return any and all property used outside the Easement Area to the state it
existed prior to the use;
(c) the right to mark the location of the Easement Area by suitable markers set in the
ground.
Easement —Town Grantee Page 1 of 4
4594118 05/28/2020 01.57 PM
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5. Grantor's Rights in Easement Area. Grantee shall endeavor to design any Improvements
in a manner that does not disrupt the historical run-off from Grantor's Property. If, for any reason,
the Improvements conflict with, impede, restrict or limit in any manner whatsoever the historical
run-off from Grantor's Property such that the Improvements must be relocated outside of the
Easement Area, the Parties shall i) work together to execute any easements or amendments to this
Agreement that are necessary for the relocated Improvements, and to release any portions of the
Property from the Easement that are no longer needed; and ii) develop and implement a
comprehensive relocation plan. The plans for any relocation will be subject to the Town's prior
written approval, and the relocation will be subject to the Town's oversight. Grantor reserves the
right to develop the Property, subject to the Easement. In furtherance of such future developments
it may become necessary to relocate the Easement to an alternate location. To exercise the
relocation rights, Grantor shall provide written notice to Grantee not less than one -hundred eighty
(180) days prior to the proposed relocation date. The parties shall confer in good faith to determine
a mutually -agreeable alternate easement location. Upon mutual approval of any proposed alternate
easement location and the allocation of costs necessary to relocate the Easement, the parties shall
modify the Easement grant accordingly in a written instrument signed by each party's duly
authorized official.. Grantee, at their sole cost, will accommodate the needs of the development
of the property should any changes be required to the easement area because of said development.
6. Maintenance of the Easement Area.
(a) Upon completion of construction work in the Easement Area, Grantor will maintain
the surface of the Easement Area in compliance with any applicable weed, nuisance
or other legal requirements.
(b) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible, on the
Easement Area, other than vegetation not prohibited under paragraph 5, above.
(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 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 Grantor, correction of any subsidence,
and restoration of any other improvements or conditions impacted by Grantee's
activities.
7. Representations and Warranties of Grantor.
(a) Grantor hereby warrants and represents to the Town that they are seized with fee
title to the underlying real property and there are no other parties with interest and that Owner has
sole and exclusive authority to enter into this Easement. Grantor makes no other warranties,
express or implied.
Easement —Town Grantee Page 2 of 4
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Page 3 of 5
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written
above.
GRANTOR:
Mark W. Schell
By:
Deborah M. Schell
STATE OF COLORADO )
ss
COUNTY OF khld )
The foregoing instrument was acknowledged before me this f day of , 202a
by Mark W. Schell and Deborah M. Schell, owner(s) of the subject Property.
Witness my hand and official s
My C ommission DROUHARD
PUBLIC
STATE OF COLORADO
NOTARY ID 19974008812
MY COMMISSION EXPIRES JUNE 21, 2021
r.-AII
VIM
ATTEST:
otaiy Public
ACCEPTED BY GRANTEE:
THE TOWN OF FIRESTONE, COLORADO, a
Municipal rporati n
4
obbi Sindelar, Mayor
Easement —Town Grantee Page 4 of 4
4594118 05/28/2020 01.57 PM
Page 4 of 5
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 3
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, WHENCE THE SOUTH LINE
OF SAID SOUTHEAST QUARTER BEARS SOUTH 89°16'34" WEST, A DISTANCE OF 2,655.85 FEET,
ALL BEARINGS HEREON ARE REFERENCED TO THIS LINE;
THENCE NORTH 88056'41" WEST, A DISTANCE OF 966.19 FEET TO THE NORTHERLY RIGHT-OF-
WAY OF RONALD REAGAN BOULEVARD ALSO KNOWN AS WELD COUNTY ROAD 28 AND THE
POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89°16'34" WEST, A DISTANCE OF
361.50 FEET;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY, NORTH 00°43'26" WEST, A DISTANCE
OF 12.68 FEET;
THENCE NORTH 88037'45" EAST, A DISTANCE OF 48.53 FEET;
THENCE NORTH 73007'38" EAST, A DISTANCE OF 107.70 FEET;
THENCE NORTH 88°43'33" EAST, A DISTANCE OF 47.75 FEET;
THENCE SOUTH 75037'35" EAST, A DISTANCE OF 167.55 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.210 ACRES, (9,149 SQUARE FEET), MORE OR LESS.
EXHIBIT ATTACHED AND MADE A PART HEREOF.
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ANTHONY K. PEALL, PLS 38636
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC.
300 EAST MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-1898
Q:\54818-46 - Barefoot Lakes F4 Plat\Legals
Page 1 of 2
4594118 05/28/2020 01.57 PM
Page 5 of 5
ILLUSTRATION TO EXHIBIT A
PARCEL CONTAINS
9,149 (SQ.FT.)
0.210 ACRES
MORE OR LESS
N 73'07' 38"E
107.70' 1
N 88'37'45"E
48.53'
N00'43'26"W
12.68'
SE 1/4, SEC. 26,
T.3N., R.68W.,
SIXTH P.M.
N 88'43'33"E
47.75'
SAS
67. 55
S89°16'34"W 361.50'
_ _ _ _ _ RO_ N_ ALD _R_EAGA_N_ BLVD.
(WELD COUNTY ROAD 28)
(85' WIDE RIGHT —OF —WA Y)
S 1/4 CORNER SECTION 26
S8976'34 "W 2655. 85'
S. LINE, SE 1/4, SEC. 26
(BASIS OF BEARINGS)
TRACT A
TRACT A
BAREFOOT LAKES
FILING NO4
.
BAREFOOT LAKES
(PROPOSED)
FILING NO. 2,
1ST REPLAT
REC. NO. 44JSJOI
t A
N
0' 50, 100' 200'
SCALE: 1" = 100'
NE 1/4, SEC. 35,
T.3N., R.68W.,
SIXTH P.M.
UNPLA TTE-D
POINT OF
BEGINNING
N88°56'41 "W
/-966.19' (TIE)
POINT OF
COMMENCEMENT
SE CORNER SECTION 26
NOTE: THIS DRAWING DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION
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Pho.- l303713-Ix9x SE 1/4 SEC. 26, T.3N., R.68W., 6TH P.M.
DATE: 8�21 �2019 CONSULTANTS, INC. Fn (303)713-Ix97 uts.curn
TOWN OF FIRESTONE, COUNTY OF WELD
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SCALE: 1" = 100, 0:\54818-46 — Barefoot Lakes F4 Plat\Dwa\EXHIBITS ..., .•, •.,.._,. �..,.., .,. _ _