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Home My WebLink About21-28 Grant of Utility Easement to United Power Firestone Reservoir No. 1 02-10-2021RESOLUTION NU. 21-28 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A GRANT OF A UTILITY EASEMENT TO UNITED POWER, INC. PERTAINING TO THE FIRESTONE RESERVOIR NO, 1 PROPERTY WHEREAS, the Town anticipates constructing two pump stations on Town -owned property commonly known as Firestone Reservoir No. 1 (the "Property"); and WHEREAS, the Town will need electrical service from United Power, Inc. ("UP") to operate the two pump stations on the Property upon their completion; and WHEREAS, it is necessary for the Town to grant to UP a ten -foot (10') wide permanent, non-exclusive utility easement (the "Utility Easement") across a certain portion of the Property to allow UP to furnish electrical services; and WHEREAS, the Town is willing to grant to UP a Utility Easement across the Property for the purpose of constructing, operating and maintaining utility, electrical and communication facilities and related facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO,* Section 1. The Board of Trustees hereby approves and authorizes the grant of a non- exclusive, permanent easement from the Town to United Power, Inc. across a ten -foot (10') wide strip of land located on the Firestone Reservoir No. 1 property for operating and maintaining certain electrical utility and related communication facilities within said strip of land. Section 2. Within ninety (90) days of the date of this resolution, United Power, Inc. shall execute and deliver for execution to the Town Manager, a written instrument of conveyance of an easement in a form approved by the Town Attorney, consistent with the intent and purposes of this resolution. INTRODUCED, READ AND ADOPTED this'��of , 2021. TOWN n mrr�rrr. TOWN OF 9 APPROVED AS TO 1 ii�Tiiiti JA ai C:. t, • 4682545 02/12/2021 03.45 PM Total Pages: 4 Rec Fee: $28.00 Carly Koppes - Clerk and Recorder, Weld County, CO RECORDING INFORMATION ABOVE GRANT OF EASEMENT TOWN OF FIRESTONE, a Colorado municipal corporation GRANTOR (whether one or more), whose address is P.O. Box 100, 151 Grant Avenue, Firestone, Colorado 80520 in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to -wit: Easement description as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Those facilities may be underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right to remove any above -ground obstructions interfering with Grantee's exercise of the rights granted herein, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall have the right to access and use the land described as Temporary Workspace and depicted on Exhibit A to perform any maintenance, repair, replacement or construction activities related to Grantee's improvements installed within the easement area, if such activities are necessary to maintain or restore proper functioning of Grantee's improvements. Grantee's right to use the Temporary Workspace shall be limited in duration to only the amount of time necessary to complete any maintenance, repair, replacement or construction work. Grantee shall also have the right to operate standard utility construction equipment or other machinery necessary to carry out such maintenance, repair, or replacement activities. Grantor shall not plant any tree or bush within 5.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any permanent structures on, over, under, or across said easement without the prior written approval of Grantee which shall not be unreasonably withheld. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permittees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein. Grantee shall defend, indemnify and hold harmless Grantor, its affiliates and the officers, directors, employees and agents of both, from any and all claims for personal injury to Grantor's personnel or damage to Grantor's property or to the property of Grantor's personnel, occurring as a result of Grantee's activities described herein, howsoever caused. The venue for any dispute arising from this Grant of Easement shall be in the courts of Weld County, Colorado. WO# 201911044 Map# 3306 Section 06, Township 2N, Range 67W, 61 P.M., County of Weld, State of Colorado 4682545 02/12/2021 03.45 PM Page 2 of 4 Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation; promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. SIGNED AND SEALED BY GRANTOR this 10Tday of FIL13 2021. GRANTOR: TOWN OF FlAkSTONE, a Colorado mu ' ip I rp r tion�Q BY: ITS: STATE OF ) ACKNOWLEDGMENT COUNTY OF ' ) This record was acknowledged before me on _ , 2021 by 0P1t&b1 as of o ry's official signature) (Commission Expirati I JESSICA ANNE KOENIG Notary Public State of Colorado Notary ID # 20144044046 My Commission Expires 11-14-2022 WO# 201911044 Map# 3306 Section 06, Township 2N, Range 67W, 6°i P.M., County of Weld, State of Colorado 4682545 02/12/2021 03.45 PM Page 3 of 4 EXHIBIT "A" DESCRIPTION A PORTION OF LOT B AS SHOWN ON RECX13-0023 FINAL PLAT, FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 3941557 AND AS DESCRIBED IN A SPECIAL WARRANTY DEED TO THE TOWN OF FIRESTONE, FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 4455861. SAID LOT B IS LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: EASEMENT CENTERLINE A TEN (10) FOOT WIDE STRIP, BEING FIVE (5) FEET, AS MEASURED PERPENDICULAR, LEFT AND RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, AS MONUMENTED BY A FOUND 2 INCH ALUMINUM CAP MARKED "PLS 24305 2019"; THENCE SOUTH 89°52'23" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 6, A DISTANCE OF 1,275.20 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID LOT B AND THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID LOT B SOUTH 00°34'30" WEST, DEPARTING SAID NORTH LINE AND BEING PARALLEL WITH AND LYING FIVE (5) FEET EAST OF THE WEST LINE OF SAID LOT B, A DISTANCE OF 2,120.00 FEET, MORE OR LESS, TO THE POINT OF TERMINUS, FROM WHICH THE NORTH ONE -QUARTER CORNER OF SAID SECTION 6, AS MONUMENTED BY A FOUND 3.25 INCH ALUMINUM CAP MARKED "PLS 38106 2013", BEARS NORTH 30-32-21" EAST, A DISTANCE OF 2,458.16 FEET. THE TOTAL LENGTH OF THE ABOVE DESCRIBED EASEMENT CENTERLINE IS 2,120.00 FEET, CONTAINING 0.487 ACRES (21,200 SQUARE FEET) OF LAND, MORE OR LESS. THE SIDELINES OF THE HEREIN DESCRIBED EASEMENT ARE SHORTENED OR LENGTHENED TO TERMINATE ON THE NORTH LINE OF SAID LOT B AND A LINE PERPENDICULAR TO THE ABOVE DESCRIBED EASEMENT CENTERLINE AT THE POINT OF TERMINUS. SAID STRIP BEING BOUND WITHIN THE LANDS OWNED BY THE PARTIES NAMED HEREON OR THEIR SUCCESSORS AND ASSIGNS. TOGETHER WITH ALL TEMPORARY WORKSPACE BEING PARALLEL, CONTIGUOUS, ADJACENT AND LYING EAST OF THE ABOVE DESCRIBED EASEMENT, WITHIN SAID LOT B, AND AS DEPICTED ON SHEET 2 OF 2. NOTES: 1. SEETHE ATTACHED EXHIBIT "A" ILLUSTRATION BY WHICH THIS REFERENCE IS MADE PART HEREOF. 2. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE ACKLAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 3. BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS VIA "VRS NOWPOSITIONING SYSTEM AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (C.R.S. 38-52-105 & 106). 4. DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GROUND. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.999730097. 5. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. SAID LINE BEING MONUMENTED ON THE WEST BY THE NORTHWEST CORNER OF SAID SECTION 6, BEING A FOUND 2 INCH ALUMINUM CAP MARKED "PLS 24305 2019" AND ON THE EAST BY THE NORTH ONE -QUARTER CORNER OF SAID SECTION 6, BEING A FOUND 3.25 INCH ALUMINUM CAP MARKED "PLS 38106 2013" AND BEARS SOUTH 89°52'23" EAST. PROJ. NO. 206096 PREPARED BY: H. LAWRENCE SINCO DATE PREPARED: 01/22/2021 FOR AND ON BEHALF OF ACKLAM, INC. 133 S. 27" AVENUE BRIGHTON, CO 80601 303.659.6267 WO 201911044 TOWN OF FIRESTONE_DESC.docx PRINTED: 1222021 11:55:00 AM Lawrence Sinco, PLS SHEET 1 OF 2 REVISIONS DESCRIPTION 4682545 02/12/2021 03.45 PM Page 4 of 4 36131 116 2'ALUM. CAP PLS 24305 2019 (SURVEY TIE TO P.O.B. SANITARYSEWFR S 895223"E 127520) M4NHOLE(FYP.) P.O.B. sS SANITARY5EWFR LINE(1YP.) ?O' UTILITY EASEMENT AGREEMENT ST VRAIN SANITATION DISTRICT REC. NO, 3537554 FOUND 125' RED PLASTIC CAP PLS 20676 CONCRETE PAD WITH TRANSFORMER l LG EVERIST INC REC. NO. 4205406 TRACT A, BLOCK 1- MINOR PLAT OF BROOKS FARM FIRST SUBDIVISION REC, NO. 2993165 APN: 131106201003 EXISTING DCP PIPELINE 114 CORNER 20' UTILITY EASEMENT AGREEMENT SEC 317SEC 6 - ST. VRAIN SANITATION DISTRICT 3.25°ALUM, CAP REC. NO. 3534217 PLS 38106 2013 60'RIGHT-OF-WAY (SURVEY TIETOP.O.T. .(BASIS OF BEARINGS) S 30'3221" W 2456.161 S89°5223'E 2502.99' $S--- WCR26zg,— — FOUND 20'FUTURERIGHT-OF-WAY I}r 1"REOPLASTICCAP J REC. NO. 3941557 PL53BIOS POWERUNE(FYP.) SEE DETAIL'S' POWFR POLE (TYP.) THIS SHEET "30'WITNESS CORNER" SEC 31/SEC 6 METAL BUILDING 2.5"ALUM. CAP PLS 17664 I� EDGE OF GRAVEL TOWN OF FIRESTONE REC. NO. 4455861 1 LOT B - RECX13-0023 REC. NO. 3941557 r APN: 131106200012 NW1/4 SECTION 6 T2N R67W 6TH PM Ix CENTERLINE EASEMENT I l S00°34'30"W 2120,00' EXISTINGABOVE GROUND PVC IRRIGATIGN LINE W PIPELINE MATE O CWAY ? I (APPROXIMATE LOCATION) DUKE ENERGY FIELD SERVICES, INC. REC NO 2636421 h EXISTING PT PIPELINES 1� FENCE(FYP) I TYPICAL RIGHT OF WAY DETAIL 1"=100' PROPERTY LINE EXISTING POC SEE DETAIL 'A" PIPELINES THIS SHEET 10' PROPOSED _ EASEMENT I EXISTINIjGDDCP PIPELINE CENTERLINE I ` FENCE EASEMENT ; I x EXISTING 30' TEMPORARY 30'TEMPORARYWORKSPACE ABOVEGROUND WORKSPACE PVC IRRIGATION LINE I PROPOSED TRANSFORMER LOCA 17ON - x EDGE OF GRAVEL I DETAIL 'A" P.O.T. 1' 50' 0' 300, 600' TOTAL CENTERLINE LENGTH: 2120.00 FT. FOUND 1.5'ALUM CAP ILLEGIBLE 114 CORNER SEC 31/SEC 6 S 64 °50'46"E 3.25°ALUM. CAP PLS 38106 2013— 16. 76' RIGHT-OF-WAY N FOUND 95 REBAR "30' WITNESS CORNER" SEC 311SEC 6 2.5" ALUM. CAP PLS 17664 FOUND P RED PLASTIC CAP PLS 38106 DETAIL "B" LOT A - RECX 13-0023 NOTES 1.) LOCATIONS OF UTILITIES ANO FOREIGN PIPELINES WERE DETERMINED FROM VISIBLE SURFACE EVIDENCE AND UNDERGROUND LOCATES. OTHESE LOCATIONS THNSPRIOR nONWYNOTBE ACCURATE OR COMPLETE OTHER UTILITIES MAY EXISTAND ARE TO BE FIELD LOCATED BY 0o��„�EI�', TO EXCAVA 2) THIS EXHIBIT WAS PREPARED IMTHOUT THE BENEFITOFA TIRE COMMITMENT, THEREFORE ACKLAM, INC. R45 NOTRESEARCHED OR ```O L ♦♦♦♦ ,, �, cF,4� SROMANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPTAS SHOWN HEREON. `� 'Yn I♦ 0) THIS EXHIBIT IS NOTA LAND SURVEY PLATOR IMPROVEMENTSURVEY PLAT. EXCEPTFOR THE EASEMENTIRIGHTOF WAY DEPICTED ` ANC°• R ♦� HEREON IT IS NOT TO BE RELIED UPON FOR THE DIVISION OF LAND, ESTABLISHMENTOFANY LAND BOUNDARY, FENCE, BUILDING, OR : v OTHER FUTURE IMPROVEMENT LINES. _ i 4.) BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS VIA WS NOW POSITIONING SYSTEM ANUOR THE ONLINE POSITIONING •= 38229 O• USER SERVICE OFFERED BY THE N G S. AND PROJECTED TO'COLORADO COORDINATE SYSTEMOF 1953 NORTH ZONE- (C.R.S. W-52-105 & = • • p 106). DISTANCES SHOWN HEREON ARLIN US SURVEY FEET GROUND. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS O > /�/p �+� 53NOTE: ACCORDING TOCOLORADOLAWYOUMUSTCOMMENCEANYLEGALACTIONBASEDUPONANYDEFECTINTHISSURVEYWITHIN • ♦ •••• •• • `` ♦♦�1P THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENTRLIYANYACTION BASED UPONANY DEFECTIN THIS SURVEY BE V�� ♦♦♦♦♦,,�•l/ C04WENCED MORE THAN TEN YEARS FROM THE DATE EXHIBIT WAS PRE PREPARED BY H. LAWR NCE SBCOFSE P 36229. FOR AND ON BEHALF OFACKLAM, INC. 1335.27THAVENUE, HA'••••P• 6.)T HIS III Il,i�o `S,`,`w 7) SEETHE ATTACHED EXHISIT -A-BY WHICH THIS REFERENCE 15 A14DE HEREOF. A ckl a m, Inc. �30T UNITED POWER 7,21 SR 133 S. 27th Avenue EXHIBIT "A"ILLUSTRATION 20W VREVA Brighton, CO 80601 ' FIRESTONE RESERVOIR 11 NWi/4 SECTION 6 5901 Courtyard Dr., Ste.300 OF 2 Austin, TX 78746 T2N R67W 6TH PA WELD COUNTY, COLORADO SR 011.1 Texas Fi"#10194171 AFE NO.: 201911041