HomeMy WebLinkAbout21-75 Utility Easement and Agreement Leo Blake Nelson Firestone Reservoir No. 1 06-09-2021RESOLUTION IN 21-75
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ACCEPTING AND APPROVING A UTILITY
EASEMENT AND AGREEMENT GRANTING THE TOWN OF FIRESTONE A
PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FROM LEO BLAKE NELSON FOR THE INSTALLATION
OPERATION MAINTENANCE AND REPAIR OF WATER PIPELINES BETWEEN
FIRESTONE RESERVOIR NO, 1 AND THE INTERSECTION OF FIRESTONE
BOULEVARD AND FIRESTONE TRAIL
WHEREAS, Leo Blake Nelson ("Grantor") owns certain real property located in
unincorporated Weld County, Colorado (Parcel 131106000059); and
WHEREAS, the Town desires to install, operate and maintain two raw water pipelines and
one potable water pipeline on a portion of Grantor's Property ("Easement Property"), which
includes the pipelines conduits, vaults, accessories improvements, manholes and necessary
underground wires, fiber optic cable and appurtenances thereto including surface appurtenances
and related infrastructure, ("Improvements") over, under, through and within the Easement
Property; and
WHEREAS, the Town desires to obtain from Grantor, and Grantor desires to grant to the
Town, a permanent easement and temporary construction easement on, over, under and across the
Easement Property for the purpose of installing, constructing operating and maintaining the
Improvements within the Easement Property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees accepts and approves the Utility Easement and
Agreement between the Town of Firestone and Leo Blake Nelson, in substantially the same form as
the copy attached hereto and made a part of this resolution for the permanent utility easement and the
temporary construction easement and the Mayor is authorized to execute the Agreement on behalf of
the Town.
INTRODUCED, READ AND ADOPTED thisAId y of , 2021.
ATTEST:
TOWN OF FIRESTONE, COLORADO
bi Sin ar, Mayor
auglimuffWAVyff
William'. I�ayashi, ' c ri Attorney
UTILITY EASEMENT AND AGREEMENT
THIS UTILIT EASEMENT AND AGREEMENT ("Agreement") is made and entered
into this day of i ant 2021, by and between LEO BLAKE NELSON, whose
address is 12071 Weld County Road 15, Longmont, CO 80504 ("Grantor") and THE TOWN OF
HRESTONE, COLORADO, a municipal corporation organized and existing under and by virtue of
the laws of the State of Colorado, whose address is p.o. Box 100,151 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, being identified by the Weld County Assessor as Parcel 131106000059
(the "Property").
2. Consideration -Grant of Permanent Easement. For and in consideration of the covenants
and agreements set forth herein, 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, permanent
easement (the "Permanent Easement") on, over, under and across the Property as described more
Fully on Exhibit Al, 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: (a)
to construct, install, operate, access, maintain, repair, replace, inspect and remove at any time and
from time to time one or more water lines (potable and non -potable), conduits, vaults, accessories,
improvements, or manholes and all necessary underground wires, fiber optic cable, and
appurtenances thereto, including, but not limited to, electric or other control systems, video or
other control systems, cables, wires, connections, conduits, and surface appurtenances (the
"Improvements") over, under, through and within the Permanent Easement Area; (b) to replace
and remove at any time and from time to time the Improvements constructed hereunder either in
the original location or at any alternate locations within the Permanent Easement Area, generally
consistent with the intended purposes of the Permanent Easement and (c) to mark the location of
the Permanent Easement Area and the Improvements by suitable markers set and maintained in
the ground.
4. Consideration -Grant of Temporary Construction Easement. For and in consideration of
the covenants and agreements set forth herein, 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 temporary
construction easement (the "Temporary Construction Easement") on, over, under and across the
Property as described more fully on Exhibit A2, attached to and made a part of this Agreement
(the "Temporary Construction Easement Area"), said temporary construction easement to be
effective on the date of execution of this Agreement and extending for a period not to exceed two
calendar years.
Page 1 of 12
5. Access, Additionally, Grantor grants and conveys to Grantee a permanent easement for
the purpose of ingress to and egress to and from the Permanent Easement Area upon, over, in and
across the Property, as described more fully on Exhibit Al.
6. Grantor's Rights in Easement Area. Grantor reserves the right to use the Permanent
Easement Area for any purposes which will not impair, endanger or unreasonably interfere with
any of the Improvements or with Grantee's full enjoyment of the rights hereby granted. Grantor
shall not impair the lateral or subjacent support for the Improvements or the Permanent Easement
Area, or otherwise change the ground level in the Permanent Easement Area. Grantor shall not
erect or construct any permanent structure or building, drill or operate any well, construct any
reservoir or impoundment, raise or lower the ground elevation, or install or plant any trees or
woody shrubs within the Permanent Easement 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
Permanent Easement Area that, in its judgment, may injure, endanger or interfere with the
Improvements or Grantee's exercise of the rights granted herein. Grantor reserves all other rights,
including the right to use the Permanent Easement Area for vehicular and pedestrian access,
including low maintenance landscaping and soft surface and/or concrete trails, as well as the right
to cross the Permanent Easement Area with other utilities or other easements; provided, however,
that any such utility crossings, access or other easements do not interfere with, adversely impact
or otherwise disturb the Improvements or impair the rights granted to Grantee under this
Permanent Easement, and provided that any new underground utilities, facilities or other
improvements are not installed or located within twenty-four inches above (vertically) and ten feet
on either side of (horizontally) the centerline of the underground water pipeline (the "No -Install
Zone"), or that construction or installation of any new underground utilities, facilities or other
improvements do not require relocation of or future modifications to any existing Improvements.
Grantee shall in no event be liable for any damages to any landscaping, trails, new underground or
aboveground utilities, facilities or other improvements installed or located within the No -Install
Zone or the Permanent Easement Area resulting from the Improvements or caused by the exercise
of Grantee's rights hereunder.
7. Maintenance of the Permanent Easement Area.
(a) Upon completing any work in the Permanent Easement Area, Grantee will make
such repairs or take such other action as may be necessary to restore the Permanent Easement Area
to a condition comparable to its condition prior to Grantee's activities in the Permanent 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.
(b) Upon completion of construction work in the Permanent Easement Area, Grantor
will maintain the surface of the Permanent Easement Area in compliance with any applicable
weed, nuisance or other legal requirements.
8. Representations and Warranties of Grantor.
Page 2 of 12
(A) Grantor represents to the Grantee, to Grantor's knowledge as of the date of the
execution of this Permanent Easement, with respect to the Property that: (1) the Property has never
been used as a landfill or waste dump; (2) that there has been no installation in or production,
disposal, or storage on the Property of any hazardous substances, including, without limitation,
asbestos, by Grantor, Grantor's tenants, or any previous owner or previous tenants, or any other
activity which could have toxic results; (3) there is no underground storage tank on the Property,
and (4) there is no proceeding or inquiry by any governmental authority or agency with respect
thereto. Grantor shall indemnify, defend and hold the Grantee harmless from and against any and
all claims, demands, and liabilities, costs and expenses (including expert fees and attorney fees)
arising or resulting from a breach of the covenants and warranties contained in this paragraph. For
the purposes of this Permanent Easement, hazardous substances means all hazardous substances
as defined in the Comprehensive Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9601, et seq.,) and in Section 25-5-502 of the Colorado Revised Statutes, and
petroleum or petroleum products.
(B) Grantor hereby warrants and represents to the Grantee that Grantor is seized with
fee title to the underlying real property and there are no other parties with interest; that the rights
conveyed herein are free and clear of liens and encumbrances; and that Grantor has sole and
exclusive authority to enter into this Permanent Easement.
9. Binding Effect -Runs With Land. This Easement shall extend to and be binding upon the
successors and assigns of the respective Parties hereto. The rights and responsibilities set forth in
this Easement are intended to be covenants upon the Easement Property and are to run with the
land.
10. Entire Agreement; Amendments. 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. This Agreement may not be
modified or amended, except by a writing executed by both Parties.
11. Compliance with Laws. Grantee shall comply with all applicable laws in connection with
its use of the Permanent Easement Area, the Access Easement Area, and the Improvements.
12. Governing Law. This Easement and all of the terms and provisions hereof shall be
governed by and consh•ued 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
or invalid, the remainder of this Easement and the application of such part, team 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.
Page 3 of 12
14. Counterparts, This Agreement may be 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.
IN WITNESS WHEREOF, I and Grantee have executed this insment on the
date and year first above written.
[Signatures continue on following page]
Page 4 of 12
GRANTOR:
lid DL�� i� II_ . 9 ►19 `T��►i
By:
Name: Leo Blake Nelson
STATE OF COLORADO )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2021, by
as of owner of the
Subject Property.
Witness my hand and official seal.
(Notary Public Official Signature)
(Title of office)
(Commission Expiration)
Signatures continare on following page)
Page 5 of 12
ACCEPTED BY GRANTEE:
TOWN OF FIRESTONE
By:
Mayor fJ �,f� TOWN
ATTEST: �n'�...- • ' ���
By:
Koenig, T
APPROVED AS TO
By:
Page6of12
EXHIBIT Al
[Permanent Easement to be conveyed to the Town of Firestone]
Page 7 of 12
EXHIBIT A 1
A WATER LINE EASEMENT LOCATED WITHIN THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN
TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO
NE
SEC 6 I SEC 6
NOS 39:11Do CENTER QUARTER
_ SEC. 6, T2N, R67W
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352.12'
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162.13'
50' WIDE WATER
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o' 6296 '� SOUTH QUARTER CORNER
. SEC. 6, T2N, R67W SCALE:1`500'
DATE:12.22.20
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C.C.S. CONSULTANTS, INC.
NOEL L. POTTER
PROF S ONAL LAND SURVEYOR 4860 Robb Street, Suite 203A
COLO DO LICENSE NUMBER 26296
Wheat Ridge, CO 80033
NOTE: IS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY, IT IS
IQ INTENDED ONLY AS A GRAPHIC DEPICTION OF THE ATTACHED LEGAL DESCRIPTION. phone: 303,403,4706
EXHIBIT A 1
A WATER LINE EASEMENT LOCATED WITHIN THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN
TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO
A FIFTY (50') FOOT WIDE WATERLINE EASEMENT LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF
WELD, STATE OF COLORADO, BEING TWENTY FIVE (251) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE WITH SIDELINES EXTENDING AND TRUNCATING TO INTERSECT WITH BOUNDARY LINES, MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 6 WHENCE THE SOUTH QUARTER
CORNER THEREOF BEARS S 00'34'51" W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE S 00'34'51" W, 1318.57 FEET; THENCE S 88'24'51" E, 162.13 FEET TO TO THE WEST LINE OF
THE PARCEL OF LAND RECORDED UNDER RECEPTION N0, 4088850 AND THE TRUE POINT OF BEGINNING;
THENCE S 88'24'51" E, 352.12 FEET, MORE OR LESS, TO THE EAST LINE OF SAID RECEPTION NUMBER
AND THE POINT OF TERMINATION. CONTAINING 0.40 ACRES, MORE OR LESS.
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C.C.S. CONSULTANTS, INC.
NOEL OTTER
PROFS SIONAL LAND SURVEYOR 4860 Robb Street, Suite 203A
COLOR DO LICENSE NUMBER 26296 Wheat Ridge, CO 80033
Phone$ 303,403,4706
[Temporary Construction Easement to be conveyed to the Town of Firestone]
Page 10 of 12
EXHIBIT A 2
A TEMPORARY CONSTRUCTION EASEMENT LOCATED WITHIN THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN
TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO
NE'
SEC 6 SEC 6
Rl3Cl?P`I'ION I
NO. 3911,55 i
CENTER QUARTER
SEC. 6, T2N, R67W
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SEC 6 ��, I S 88'24'51° E i
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o PoT;.�F` % 100' WIDE TEMPORARY
'�� % CONSTRUCTION EASEMENT
6296 _
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%F SOUTH QUARTER CORNER DATE:12.22.20
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'%i • • • •' S o` SEC. 6, T2N, R67W
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NOEL L. P TIER C.C.S. CONSULTANTS, INC.
PROFESS NAL LAND SURVEYOR
COLORAD LICENSE NUMBER 26296 4860 Robb Street, Suite 203A
NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS Wheat Ridge, CO 80033
INTENDED ONLY AS A GRAPHIC DEPICTION OF THE ATTACHED LEGAL DESCRIPTION. Phone: 303.403.4706
EXHIBIT A 2
A TEMPORARY CONSTRUCTION EASEMENT LOCATED WITHIN THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN
TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO
A ONE HUNDRED (100') FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LOCATED WITHIN THE
SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL
MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING FIFTY (503) FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH SIDELINES EXTENDING AND TRUNCATING TO
INTERSECT WITH BOUNDARY LINES, MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 6 WHENCE THE SOUTH QUARTER
CORNER THEREOF BEARS S 00034'51" W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE S 00'34'51" W, 1293.56 FEET; THENCE S 88'2451" E, 175.81 FEET TO THE WEST LINE OF THE
PARCEL OF LAND RECORDED UNDER RECEPTION NO, 4088850 AND THE TRUE POINT OF BEGINNING;
THENCE S 8802451" E, 352.24 FEET, MORE OR LESS TO THE EAST LINE OF SAID RECEPTION NUMBER AND
THE POINT OF TERMINATION. CONTAINING 0.82 ACRES, MORE OR LESS.
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C.C.S. CONSULTANTS, INC.
NOEL L. PO TER 4860 Robb Street, Suite 203A
PROFESSION L LAND SURVEYOR Wheat Ridge, CO 80033
COLORADO L CENSE NUMBER 26296 Phone: 303,403.4706