HomeMy WebLinkAbout20-113 Varra Agmt Waterline Easement & Right of Way Deed 11-18-20204676758 01/28/2021 04:47 PM
Total Pages: 14 Rec Fee: $78.00
Carly Koppes - Clerk and Recorder, Weld County, CO
WATERLINE EASEMENT AND RIGHT OF WAY DEED
THIS EASEMENT AND RIGHT OF WAY DEED is made this TIP day of
tcaJr , 2023, by and between VARRA COMPANIES, INC., a Colorado corporation
whose address is 8120 Gage Street, Frederick, CO 80516 (hereinafter "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 151 Grant Ave., PO Box 100,
Firestone, Colorado, 80520 (hereinafter "Grantee"):
WITNESSETH:
THAT THE GRANTOR, for and in consideration of the sum of Ten Dollars paid to the
Grantor by the Grantee, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee a
perpetual, irrevocable and exclusive Thirty (30) foot wide easement and right of way to access,
construct, install, operate, maintain, repair and replace a non -potable water line and appurtenances
and related utilities and improvements (hereinafter "Easement"), such Easement being on, over,
under and across the real property described by the metes and bounds legal description and shown
graphically in Exhibit A (the "Easement Area"), attached hereto and incorporated herein by this
reference, together with an additional temporary construction easement being Twenty (20) feet wide
and adjacent to the perpetual easement, said temporary construction easement being automatically
vacated one year after completion of the installation of the pipeline by Grantee;
TOGETHER WITH all the rights and privileges as are necessary or incidental to the
reasonable and proper use of such Easement; and
SUBJECT TO the following terms and conditions:
1. Grantor shall not place, erect or construct, or allow to be placed, erected, or
constructed on the Easement Area any equipment or structure or other improvement
whatsoever which may interfere with the Grantee's full use and enjoyment of the
rights hereunder. Grantee acknowledges and does not object to the existing use of
the property involving heavy truck and construction/mining equipment traffic over
the Easement Area; however, Grantor shall not mine within the Easement Area.
2. Grantor specifically acknowledges that Grantee's rights hereunder include without
limitation the right to access, operate, maintain, repair, and replace a non -potable
water line, appurtenances and related utilities and improvements. Except in cases of
emergency, as determined solely by Grantee, Grantee shall provide Grantor advance
notice of any activities that will require temporary restriction or closure of all or
parts of the Easement Area to access, operate, maintain, repair and replace non -
potable water lines, appurtenances and related utilities and improvements. During
normal hours of operation and after advance notice has been provided Grantee shall
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check in at Grantors field office facility located at the entrance from Colorado
Boulevard before proceeding to the Easement Area, so long as such field office is in
operation. Thereafter, Grantee may call or email Grantor to the extent updated
contact information is provided to Grantee by Grantor.
(a) Except in cases of emergency, Grantee shall coordinate all work in the Easement
Area to minimize impact to Grantor's operations and access to Grantors property.
(b) Prior to the start of any new installations Grantee shall provide to Grantor
construction drawings for the planned pipeline or utility installation for review and
approval by Grantor, which approval shall not be unreasonably withheld.
Grantee shall restore the surface of the Easement Area to the condition that existed
immediately prior to the commencement of any surface disturbing activities
permitted hereunder.
4. Grantor, its successors, and assigns shall not grant any easements on, under, over or
across the Easement Area without Grantee's prior written consent, which shall not be
unreasonably withheld. Grantee shall have no objection to any easements crossing
perpendicular to the Easement Area as long as there are no vertical conflicts with
Grantees facilities. In the case of such crossings the Grantor shall ensure at least 18"
of vertical separation from Grantees facilities.
5. In consideration for granting this Easement, Grantee agrees to the following
considerations in exchange for the Easement:
(a) Grantor intends to install a diversion off of the Rural Ditch to transfer water to
the Last Chance Ditch, generally as depicted on Exhibit B (the "transfer diversion")
and subject to approval by those ditch companies. Grantee shall reserve capacity in
the transfer diversion up to 10 cfs (cubic feet per second) for Grantor to convey
Grantor's water from the Rural Ditch into the Last Chance Ditch. Use of the transfer
diversion by Grantor shall be coordinated with Grantee for purposes of proper
accounting to both ditch companies. Grantor's rights in said transfer diversion are
contingent upon Grantee obtaining approval from both ditch companies and
constructing the transfer diversion for Grantee's own purposes. Nothing herein shall
be construed as an obligation on Grantee to construct the transfer diversion for the
benefit of Grantor in the event the transfer diversion is not approved by the ditch
companies.
(b) Grantee owns the property located generally south of Grantor's property, which
shall be called the Gould Property and which is depicted on Exhibit C. Grantor and
Grantee have a lateral off of the Rural Ditch that crosses the Gould Property at its
southern end, parallel to Zinnia Avenue (WCR 26). Subject to Grantee's intended
uses for the Gould Property, Grantee shall convey to Grantor a non-exclusive
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easement for the use and operation of this lateral across the Gould Property,
generally as shown on Exhibit C. The easement shall be conveyed by separate
instrument and the terms of that agreement will be negotiated in good faith by
Grantor and Grantee.
(c) Grantee owns the Gould Property, as described above, and as generally shown
on Exhibit D. On the Gould Property there exists a sub -lateral off of the Rural Ditch
used to irrigate a portion of the Gould Property adjacent to Colorado Boulevard, as
generally shown on Exhibit D. Prior to previous subdivision of the Gould Property
there existed an extension of the sub -lateral that had been used to irrigate a portion
of Grantor's property and Grantor desires to re-establish a connection to this sub -
lateral. Grantee plans to make several storm drainage and alluvial water supply
improvements on the Gould Property and agrees to work with Grantor to include a
conveyance across the Gould Property, also as generally shown on Exhibit D, to
extend the sub -lateral to Grantor's property. Grantee shall convey to Grantor a non-
exclusive easement for the use and operation of this sub -lateral across the Gould
Property, generally as shown on Exhibit D. The easement shall be conveyed by
separate instrument and the terms of that agreement will be negotiated in good faith
by Grantor and Grantee.
6. This Easement and the rights and obligations provided for hereunder shall be
binding upon and inure to the benefit of Grantor and Grantee, and their respective
successors and assigns.
7. The property rights granted herein shall be transferable by Grantee only with prior
written consent of Grantor, which shall not be unreasonably withheld.
The Easement granted herein shall be subject to all restrictions and easements of
record and/or apparent on the ground.
9. The Grantee acknowledges that as between the Grantor and Grantee, Grantee shall
bear full responsibility for the maintenance and operation of non -potable water lines
and appurtenances and related improvements or utilities installed pursuant to this
Grant.
10. In executing this instrument, the Town of Firestone is relying on and in no way
waives or intends to waive the monetary limitations or any other rights, immunities,
and protections provided to the Grantee and its employees under the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq.
GRANTOR, for itself, its successors and assigns, does covenant, grant, bargain, and agree
to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of
these presents, it is well seized of the property on which the easement above conveyed is located,
and has good, sure, perfect, absolute and indefeasible estate, in law, in fee simple, and has good
3
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right, full power and authority to grant, bargain, sell, and convey the same in manner and form as set
forth above, and that the property is free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever,
except taxes and special assessments for the year 2020, easements, restrictions, reservations of
minerals, covenants, and rights of way of record.
W
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IN WITNESS WHEREOF, the Grantor and Grantee have executed this instrument on the
date first above written.
GRANTOR: VARRA COMPANIES, INC.
By:OWW-
Acknowledgment
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
�QY1t,car ,2021,by &00'rt-t-t- VCLYY
Witness my hand and official seal.
My commission expires on: `® 41 2 q-
(SEAL)
JESSICA HOOVER
NOTARY PUBLIC otary Pub rc
STATE OF COLORADO
NOTARY ID 20044035571
Y COMMISSION EXPIRES OCTOBER 4, 202
Attest:
GRANTEE:
TOWN OF FIRESTONE, COLORADO
5
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EXHIBIT A
Easement Area
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Page 7 of 14
EXHIBIT "A"
TO
GRANT OF EASEMENT
LEGAL DESCRIPTION OF EASEMENT PREMISES
ON VARRA COMPANIES INC PROPERTY
A STRIP OF LAND LOCATED IN THE SW'/4 SECTION 31, TOWNSHIP 3 NORTH, RANGE 67
WEST OF THE 6T" P.M. COUNTY OF WELD, STATE OF COLORADO.
DECRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 3 NORTH,
RANGE 68 WEST, FROM WHICH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 36 BEARS NO° 07' 52.49"E 2651.23 FEET (BASIS OF BEARING); THENCE NO° 07'
52.49"E, 1469.61 FEET ALONG SAID EAST LINE; THENCE N89014' 15.23"E 30.00 FEET TO
THE EASTERLY RIGHT-OF-WAY OF COLORADO BOULEVARD AS RECORDED ON
OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273 THENCE N89014' 15.23"E 977.14 FEET TO
THE POINT OF BEGINNING;
THENCE ALONG THE FOLLOWING EIGHT (8) COURSES;
NO° 01' 38.51"E 50.00 FEET;
THENCE N89014' 15.23"E 175.00 FEET;
THENCE NO° 01' 38.51"E 1040.00 FEET;
THENCE N89014' 15.23"E 30.00 FEET;
THENCE SO° 01' 38.51"W 1070.00 FEET;
THENCE S89014' 15.23"W 175.00 FEET;
THENCE SO° 01' 38.51 "W 20.00 FEET;
THENCE S89014' 15.23" W 30.00 FEET TO THE POINT OF BEGINNING.
AREA = 37,946 SQUARE FEET (0.871 ACRES), MORE OR LESS.
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Page 8 of 14
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EXHIBIT B
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EXHIBIT C
Rural Ditch Lateral
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EXHIBIT D
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