HomeMy WebLinkAbout21-61 Temporary Construction Easement Quadrant Management 05-26-2021RESOLUTION N0. 21-01
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ACCEPTING A GRANT OF TEMPORARY
CONSTRUCTION EASEMENT FROM QUADRANT MANAGEMENT,
INC. FOR CONSTRUCTION OF A SANITARY SEWER SERVICE LINE,
AND APPROVING AN AGREEMENT BETWEEN QUADRANT
MANAGEMENT, INC. AND THE TOWN OF FIRESTONE FOR SUCH
TEMPORARY CONSTRUCTION EASEMENT
WHEREAS, Quadrant Management, Inc. ("Grantor") owns certain real property located in
Weld County, Colorado; and
WHEREAS, the Town desires to construct and install a 8" sanitary sewer service line (the
"Improvements") on a portion of Grantor's Property, for the collection and conveyance of
wastewater from a public works facility located on Town -owned property to the St. Vrain
Sanitation District's wastewater collection system; and
WHEREAS, the Town desires to obtain from Grantor, and Grantor desires to grant to the
Town, a temporary construction easement on, over, under and across a portion of Grantor's
property for the purpose of constructing the Improvements pursuant to the terms and conditions
contained in a Temporary Construction 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 accepts the grant of a temporary construction easement
from Quadrant Management, Inc. to the Town to use a strip of land owned by Quadrant Management,
Inc.. for constructing a sanitary sewer service line on said strip of land.
Section 2. The Board of Trustees authorizes and approves the Temporary Construction
Easement agreement between Quadrant Management, Inc. and the Town of Firestone in the
substantially the same form as the copy attached hereto as Exhibit A. The Mayor is authorized to
execute the agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED thisa�p day of i� , 2021.
N TOWN OF FIRESTONE, COLORADO
r�osee y��'s�a C
bi Sin lar, Mayor
J� goo
ATTEST: a COU
n AL
ea
Koenig, Towxf Clegk
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT
("Agreement") is made and entered into this 19th day of May , 2021, by and between
QUADRANT MANAGEMENT INC,a corporation, whose address 7040 WCR 20, Longmont, CO
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 151
Grant Ave., Firestone, Colorado, 80520 (the "Grantee").
1. Grantor's Property. Grantor is the owner of that certain parcel of real Property located in
Weld County, Colorado, as legally described A strip of land, 150 feet in width, lying 75.00 feet on
each side of the following described centerline, extending from the West Line of the NWIA of
Section 20 to the Easterly Line of Lot 1, Advanced Forming Technology Filing No. 1, Recorded
June 22, 2012 as Reception No. 3854078, Weld County Records, located in the NW1/4 of Section
20, T2N, R67W of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, described
as follows:
COMMENCING at the Northwest Corner of Section 20, T2N, R67W of the 6th P.M., from
which the West Quarter Corner of said Section 20 bears S00°41'06"E, 2631.23 feet (Basis
of Bearings), thence along the West Line of the NW1/4 of said Section 20 S00°41'06"E,
1692.59 feet to the POINT OF BEGINNING;
Thence departing said West Line N90°00'00"E, 1375.37 feet to a point 30.00 feet
Northwesterly from the centerline of a 30.00400t-wide DCP Midstream LP Petroleum
Pipeline Easement, Recorded August 4, 2009 as Reception No. 3640514, Weld County
Records;
Thence parallel with said DCP Midstream LP Petroleum Pipeline Easement N27°47'42"E,
750.62 feet to a point 40.00 feet Northerly from the centerline of a 50.00-foot-wide
Colorado Interstate Gas Company Petroleum Pipeline Easement, Recorded April 26, 1978
as Reception No. 1751539, Weld County Records;
Thence parallel with said Colorado Interstate Gas Company Petroleum Pipeline Easement
N77°50'32"E, 837.77 feet to the Easterly Line of said Lot 1, Advanced Forming
Technology Filing No. 1, and the POINT OF TERMINATION.
Area = 8.31 acres, more or less. (the "Property").
2. Consideration -Grant of Easement. For and in consideration of the covenants and
agreements set forth herein, the sum of TWELVE THOUSAND FOUR HUNDRED SIXTY-
FIVE DOLLARS ($12,465.00), 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 temporary construction easement (the "TCE") on, over, under and
across the Property as described more fully on Exhibit B, attached to and made a part of this
Page 1 of 10
Agreement (the "TCE Area"), subject to the terms, conditions and restrictions set forth below.
3. Purpose and Uses of Easement. Grantee may use the TCE: (a) to construct and install an
8"diameter PVC, underground sanitary sewer service line and related appurtenant underground
facilities for the purpose of collecting and conveying domestic wastewater discharged] (the
"Project"); (b) to store and stage construction or building materials and equipment necessary to
carry out the Project; and (c) for vehicular and non -vehicular access.
4. Additional Rights of Grantee. Additionally, Grantor further grants to the Grantee:
(a) the right of ingress to and egress to and from the TCE Area upon, over, in
and across the Property, described as Grantor's Property.
(b) the right to install, maintain temporary fences
(c) the right to mark the location of the TCE Area by suitable markers set in the ground
5. Term. This TCE shall commence upon the date Grantor receives written notice from
Grantee that Grantee has received, or intends to receive, possession and use of the TCE Area (the
"Commencement Date"), and shall terminate one (1) calendar year after the Commencement Date
or thirty (30) days after final completion of the Project, whichever occurs first.
6. Grantor's Rights in Easement Area. Grantor reserves the right to use the TCE Area for any
purposes which will not impair, endanger or unreasonably interfere with Grantee's full enjoyment
of the rights hereby granted. During the Term, Grantor shall not impair the lateral or subjacent
support for the TCE Area, or otherwise, change the ground level in the TCE Area. During the
Term, Grantor shall not erect or construct any permanent structure or building, drill or operate any
well, construct any reservoir or impoundment, or install or plant any trees or woody shrubs within
the TCE 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 TCE Area that, in its judgment, may injure,
endanger or interfere with Grantee's exercise of the rights granted herein.
7. Maintenance of the TCE
(a) With the exception of areas within the TCE Area that Grantee is using for storing
or staging materials or equipment, Grantor will maintain the surface of the TCE
Area in compliance with any applicable weed, nuisance or other legal requirements.
Grantor is not responsible for any conditions caused by Grantee's activities within
the TCE Area.
(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
TCE Area during the term of this TCE.
(c) Upon completing the Project, Grantee will make such repairs or take such other
Page 2 of 10
action as may be necessary to restore the TCE Area to a condition comparable to
its condition prior to Grantee's activities in the TCE 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.
8. Access. During the term and at all times during the construction of the Project, Grantee
will ensure that reasonable vehicular access to and from Grantor's Property remains available.
9. Representations of Grantor. Grantor states that it is the lawful owner in fee simple of the
Property; that it has good and lawful right and authority to grant, sell and convey said Property or
any part thereof; and that the rights conveyed herein are free and clear of liens and encumbrances.
10. Bindin Effect. This grant of the TCE shall run with the Property and shall be binding upon
and inure to the benefit of the parties hereto, their successors, assigns, and all parties in interest,
provided nothing contained herein shall be construed to be an abandonment or dedication of such
public way to any public entity.
11. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement
between the Parties hereto relating to the TCE 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.
12. Governing Law. This TCE 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,
13. Severability. If any part, term or provision of this Easement shall be held unenforceable
oI 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.
14. Counterparts. This Agreement maybe 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 10
IN WITNESS WHEREOF, the Grantor and Grantee have executed this instrument on the
date and year first above written.
Quadrant 1 ement Inc.
By:
Name: Marco Vega
Title: coo
STATE OF NEW YORK
ss
COUNTY OF
The foregoing instrume t was acicnowl dged before me this I - l day of ' I l ,
2021, by c� Q o_, as Co a 7 c of r � 9 � owner
of the Subject Property.
Witness my hand and official seal.
(Notary Public O
�nnCLe�
(Title of office)
(Commission Expi
ial Signature)
[Signatures continue on following page)
Page 4 of 10
V10LETA FIGUC:Fit7A
NOTARY PUBLIC-S7ATE,OF NEW YORK
No. 01 F16057972
Qualified in 6conx County
My Commission Expires0430-2023
ACCEPTED BY GRANTEE:
TOWN OF FIRESTONE
By:
ATTEST:
By:
APPROVED
By:
William
Page 5 of 10
EXHIBIT A
[Property Description]
PLANNING :: P303.682.1131 :: In1O4xIviWhut :: I Soo Kamas Avenut Suite 24
PLANNING
f 303.692.1119 wvrw.uAarts.ut lon9monLCO8o50t
SURVEYING
CIVILARTS
EXHIBIT "�"
October 7, 2020
A description of a Sanit•mry Sewer Easement located in Loi 1. Advanced Forming Technology Filing
No. 1, in the NW1/4 of Section 20. T2N. R67W of the 6th P.M., in the Town of Firestone, Weld
County. Colorado. For: St. Vrain Sanitation District.
LEG'.�I, DESC'RIPTIO\
A strip of land. 30.00 feet in n•idth, lying 15.00 feet on each side of the following described centerline,
extending from the West Line of the NW1/4 of Section 20 to the Easterly Line of Lot 1. Advanced
Forming Technology Filing No. 1, Recorded Jume 22. 2012 as Reception No. 3854078, Weld Coimty
Records, located in the NIX' IA o4 Section 20. T2N, R671AI of the 6th P.M.. Town of Firestone. County
of Weld. State of Colorado. described as follows:
C0O�L11��1CL\-G at the Northwest Corer of Secrion 20. T2N. R67W of the 6th P.Ivi., from which the
West Quarter Comer of said Section 20 bears S00°41'06"E, 2631.23 feet (Basis of Bearings). thence
along the West Line of the N1N'1/4 of said Section 20 S00041'06" E, 1692.59 feet to the POINT OF
BEGL�I�L1G;
Thence departing said Nest Line N90°00'00"E, 1375.37 feet to a point 30.00 feet Northwesterly fronm
the centerline of a 30.00-foot-wide DCP Midstre.•ni LP Petroleumnm Pipeline Easement, Recorded
August 4, 2009 as Reception No. 3640514. Weld County Records:
Thence parallel with said DCP Midstream LP Petroletni Pipeline Easement N27047'42"E. 750.62 feet
to a point 40.00 feet Northerly from the centerline of a 50.00-foot-wide Colorado Interstate Gas
C'onmpany Petroleum Pipeline Easement. Recorded April 26. 1978 as Reception No. 1751539. Weld
County Records:
Thence parallel witlm said Colorado Interstate Gas Company Petroleunm Pipeline Easement
N77°50'32"E. 837.77 feet to the Easterly Line of said Lot 1. Advanced Fornming Technology Filing l�To.
1. and the POLNT OF TEK%M1 'ATION.
Area = 2.041 acres. more or less.
� � Development Services lar the Communities of the Future
Page 6 of 10
ElffiBII• "�i"
?\OI'ICE. According to Colorado law you must
commence any legal action based upon any defect in this
su vey within three years after you first discovered such
defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years
from the date of the certification shown hereon.
Roy Moesser
Colorado Prol ion
Stuveyor No _ gtl0 G;
1500 Kansas A11e;�?.E,.L,00 ffiont. CO 80501
&,11 tt h�
Date: 10l71��?o
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