HomeMy WebLinkAbout24-45 Approving a Utility Easement and Agreement between Firestone and Frederick 05-08-2024RESOLUTION NO. 24-45
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING A UTILITY EASEMENT AND
AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TOWN
OF FREDERICK
WHEREAS, the Town of Frederick ("Frederick") in order to proceed with its Colorado
Boulevard Drainage Improvements Project is in need of an easement from the Town of Firestone
("Firestone"); and
WHEREAS such easement would permit Frederick to construct, install, access operate,
use, maintain and repair the Project upon, across, over and under land owned by Firestone; and
WHEREAS, Firestone is willing to permit Frederick to perform such work subject to the
terms and conditions set forth in a Utility Easement and Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COL RA
The Utility Easement and Agreement between the Town of Firestone and Town of
Frederick is approved 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 Utility Easement and Agreement on
behalf of the Town.
INTRODUCED, READ AND ADOPTED this ��ay of May, 2024.
A'
William
Don
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Attorney
UTILITY EASEMENT AND AGREEMENT
This UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered
into this 13!'day ofRbl , 2024, by and between 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 ("Firestone" or
"Grantor") and the Town of Frederick, a Colorado statutory town whose address is 401 Locust
Street, P.O. Box 435, Frederick, Colorado 80530 ("Town" or "Grantee").
1. Grantor's Property. Firestone is the owner of that certain parcel of real property (the
"Property") located in Weld County, Colorado, legally described as Exhibit A.
2. Grant of Easement —Consideration. Firestone grants to Grantee a perpetual, non-exclusive
easement (the "Easement") over, under, in and across that portion of the Property as more fully
described in Exhibit A, attached to and made a part of this Agreement (the "Easement Area"),
subject to the terms and conditions set forth below.
3. Purpose and Uses of Easement. Grantee may use the Easement: (a) to construct, install,
access, operate, use, maintain, repair, reconstruct, replace, inspect, and remove, at any time and
from time to time, Colorado Boulevard Drainage Improvements (the "Improvements") upon,
across, over, under through and within the Easement Area; (b) to remove obstructions to the
Improvements; and (c) to mark the location of the Easement Area and Improvements by suitable
markers set and maintained in the ground. Nothing herein shall be construed to permit any
overhead utilities or any surface or underground facilities or equipment associated with any
utilities other than the Improvements within the Easement Area.
4. Access. Grantee shall only use the existing roads for ingress and egress.
5. Grantor's Rights in Easement Area. Firestone reserves the right to use the Easement Area
for any purposes that will not impair, endanger or unreasonably interfere with any of the
Improvements or with Grantee's full enjoyment of the rights hereby granted. Firestone shall not
erect or cause to be erected any permanent buildings or structures within the Easement Area
without the prior written consent of Grantee, which shall not be unreasonably withheld, with the
exception of the existing Firestone Trail and pedestrian bridge. Firestone shall hall the right to
maintain, repair, and replace the trail and bridge at anytime without written consent of Grantee.
6. Construction.
A. Grantee shall provide Firestone a complete set of "As -Built Plans" for the
Improvements, in paper and electronic format, within thirty days following construction and
installation of the Improvements.
B. Grantee shall ensure that construction of the Improvements shalt be undertaken by
a licensed contractor, and shall cause all work to be performed by such contractor to be in
accordance with all applicable statutes, ordinances, rules, regulations and permitting requirements.
74 Operation and Maintenance.
A. Grantee shall be solely responsible for the maintenance and replacement of the
Improvements now or hereafter constructed and located within the Easement Area.
B. Upon completion of any construction work in the Easement Area, Grantee will
maintain the surface of the Easement area in compliance with any applicable weed, nuisance or
other legal requirements.
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 surface of 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 Firestone, correction of any subsidence, and restoration of any other pre-existing
improvements or conditions impacted by Grantee's activities.
8. Liability and Responsibility.
A. Firestone shall have no obligation to contribute to the costs or expenses of initial
construction or installation of the Improvements.
B. Except for any negligent or willful act or omission, Firestone shall not be
responsible or held liable for damages to the Improvements resulting from any work conducted by
Firestone on the Property or in connection with performing authorized emergency repairs and
maintenance of any existing improvements on the Property.
C. Nothing in this Easement Agreement shall
be construed to be a waiver of the
9. Binding Effect -Runs With Land. This Agreement shall extend to and be binding upon
and inure to the benefit of the Parties to this Agreement and their respective successors and assigns,
including without limitation, all subsequent owners of the Property, and all persons claiming under
them. The rights and responsibilities set forth in this Agreement are intended to be covenants upon
the Easement Area and are to run with the land.
10. Notices. Any notice, request, consent, offer or demand required or permitted to be given
in this Agreement, shall be in writing and be sufficiently given if delivered in person or sent by
mail or email, addressed to the party to whom such notice is intended to be given at the address
set forth below:
Firestone:
Town of Firestone
A.J. Krieger, Town Manager
Grantee:
Town of Frederick
Bryan Ostler, Town Manager
P.O. Box 100
Firestone, CO 80520
William P. Hayashi
Williamson and Hayashi, LLC
1650 38th Street, Suite 103
Boulder, CO 80301
P.O. Box 435
Frederick, CO 80530
Christine M. Francescani
Town of Frederick
P.O. Box 435
Frederick, CO 80530
11. Gavet'nlilaVenue: This Agreement shall be governed I and enforced in
accordance with the laws of the State of Colorado. Jurisdiction and venue for any actions arising
from this Agreement and any amendments hereto shall rest exclusively in Weld County, Colorado.
12. Amendment; Waiver: No provision of this Agreement may be amended, waived or
otherwise modified without, except by a writing executed by both Parties. The waiver by any party
of a breach of any provision or condition contained in this Agreement shall not operate or be
construed as a waiver of any subsequent breach or of any other conditions hereof.
13. Authority. Firestone warrants that it has full right and lawful authority to convey the real
property interests contained in the Easement granted above. Each party represents and warrants
to the other that it has full power and authority to enter into this Agreement and to bind itself, its
respective successors and assigns, and that no other contract or agreement to which it is a party
prevents it from executing this Agreement or concluding the transactions described herein.
14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties
hereto relating to the Easement 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.
15. Severability. If any part, term or provision of this Agreement shall be held unenforceable
or 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.
IN WITNESS WHEREOF, the parties have executed this Utility Easement and
Agreement, effective as of the date first set forth above.
SIGNATURE PAGES FOLLOW
GRANTOR:
THE TOWN OF FIRESTONE,
COLORADO, a Colorado municipality
ST°Nv
By: r�, �' TOWN
i on Con a J vo t
� SEAL
ATTEST:
5 — 2s ZO L.
May 8, 2024
William P. Hayashi, T
Attorney
GRANTEE:
TOWN OF FREDERICK,
COLORADO, a Colorado statutory town
�a jG
APPROVED BY resolution �?� 4k-~0 2 at the meeting of
ATTEST:
Town Cierlc
Town of Frederick, Colorado
ie Crites, Mayor
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THE FOLL04MNG IS A DESCRIPTION FOR A PERMANENT EASEMENT.. THE PERMANENT EASEMENT WILL BE LOCATED IN THE NORTHWEST QUARTER OF SECTION
19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 79 ;THENCE SOUTH Oi'31'44' EAST, A DISTANCE OF 1165.70 FEET TO A POINT ON THE EASTERN
RIGHT OF WAY LINE OF COLORADO BOULEVARD AND THE WESTERLY PROPERTY LINE BELONGING TO THE TOWN OF FIRESTONE AS DESCRIBED IN BOOK 320
PAGE 187 OF WELD COUNTY; BEING THE POINT OF BEGINNING;
1. THENCE SOUTH 75°04'06' EAST, A DISTANCE OF 155 48 FEET TO THE EASTERN LINE OF SAID PROPERTY;
2 THENCE SOUTH OW04'19' EAST, A DISTANCE OF 20263 FEET ALONG SAID EASTERLY PROPERTY LINE TO A POINT:
3 THENCE LEAVING SAID PROPERTY LINE NORTH 90°00'00" WEST, A DISTANCE OF 1863 FEET TO A POINT;
4. THENCE NORTH 00°00'00° EAST, A DISTANCE OF 51_81 FEET TO A POINT;
5 THENCE NORTH 90°00'00is WEST, A DISTANCE OF 131.67 FEETTO A POINT ON THE WESTERLY LINE OF SAID PROPERTY AND THE EASTERLY RIGHT OF WAY
LINE OF COLORADO BOULEVARD;
6 THENCE NORTH 00003'12' WEST, A DISTANCE OF 190.69 FEET ALONG SAID PROPERTY LINE TO THE POINT OF BEGINNING;
THE ABOVE DESCRIBED PARCEL CONTAINS 26,629 SQUARE FEET (0.61 ACRES) MORE OR LESS.
BASIS
OF BEARINGS: THE BASIS OF BEARING FOR PROJECT REFERENCE IS FROM THE WEST LINE OF THE NW 1/4 OF
SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE SIXTH PRINCIPAL MERIDIAN HAVING A BEARING OF SOUTH
00°0392" EAST, AT A DISTANCE OF 2,649.77 FEET.
BY:
. __ I DATE
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EXHIBIT 'A'
TOWN OF FIRESTONE
PERMANENT EASEMENT
SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF
SECTION 19, T2N, R67W OF THE 6TH P.M. LARIMER COUNTY.
COLORADO
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