HomeMy WebLinkAbout 19-87 Firestone Rails Potable Waterline EasementRESOLUTION 19-87
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE
TOWN OF FIRESTONE AND FIRESTONE RAILS, LLC FOR A POTABLE
WATERLINE EASEMENT
WHEREAS, on July 10, 2019, the Board of Trustees of the Town of Firestone ("Town"), by
Ordinance No. 954, determined and declared that acquiring certain property rights from the owners
thereof —namely, a non-exclusive, perpetual easement (the "Easement") —was necessary and required
to operate and maintain a water pipeline for the conveyance of potable water, as part of the Town's
municipal water supply system; and
WHEREAS, Ordinance No. 954 authorized the acquisition by eminent domain of the
Easement, as well as the Town Manager to negotiate with the fee simple owner of the Easement,
Firestone Rails, LLC ("Owner"), to voluntarily acquire the Easement; and
WHEREAS, in accordance with Ordinance No. 954, the Town Manager has negotiated in good
faith with Owner, and the Town Manager and Owner have reached an agreement as to the total
compensation to be paid to Owner for the Easement, including any damages, interest, costs and
attorney's fees, along with the terms and conditions of the Easement, as contained in the Waterline
Easement and Agreement, attached hereto as Exhibit A; and
WHEREAS, because the acquisition of the Easement is required to provide, operate and
maintain the waterline in a timely manner, the Town desires to ratify the agreement negotiated by the
Town Manager for the acquisition of the Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees of the Town of Firestone hereby approves and authorizes the
agreement negotiated by the Town Manager for the acquisition of anon- exclusive, perpehtal easement
from Firestone Rails, LLC, for the purchase price of $28, 764.00.
Section 2. The Waterline Easement and Agreement between the Town of Firestone and Firestone
Rails, LLC is approved in substantially the same form as the copy attached hereto as Exhibit A and made
a part of this resolution. The Mayor is authorized to execute the Agreement on behalf of the Town and to
sign any and all document necessary to complete the transaction on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 9th day of October, 2019.
ATTEST:
Leah Vanarsdall, Town Clerk
Town Attorney
WATERLINE EASEMENT
THIS WATERLINE EASEMT+qNT AND AGREEMENT ("Agreement") is made and entered
into this day of t r , 2019 (the "Effective Date"), by and between ` h
STONE RAILS, LLC, a Colorado limited liability company, whose address is 0 5tAmmt4- 01vJ,
Mqnooto•
$05t , ("Grantor"), and THE TOWN OF FIRESTONE, COLORADO,
a municipal corporation, whose mailing address, for purposes of this Agreement, is 151 Grant
Ave., Firestone, Colorado 80520 ("Grantee").
1. Grantor's ,Property. Grantor is the owner of that certain parcel Of real property located in
Weld County, Colorado, as legally described in Exhibit A (the "Property").
2. Grant of Permanent Easement. For and in consideration of the covenants and agreements
set forth herein, the sum of TWENTY EIGHT THOUSAND, SEVEN HUNDRED AND
SIXTY-FOUR DOLLARS ($28,764.00), 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 B, attached
to and made a part of this Agreement (the "Easement Area"), subject to the conditions and
restrictions set forth below.
3. Purpose and Uses of Permanent Easement. Grantee may use the Permanent Easement: (a)
to construct, install, access, operate, maintain, repair, replace, inspect and remove at any time and
from time to time an approximately 12" diameter underground pipeline and other underground
appurtenant structures and facilities, including without limitation, valves, valve boxes, fittings, and
thrust restraint (the "Improvements",) for the conveyance and distribution of potable water upon,
across, over, under, through and within the Easement Areas (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 Easement Area, generally consistent with the intended purposes
of the Permanent Easement; and (c) to mark the location of the Easement Area and the
Improvements by suitable markers set and maintained in the ground.
4. Grantor's Rights in Permanent 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
Easement Area, or otherwise change the ground level in the Easement Area. Grantor shall not
erect or construct any permanent structure or building, dr711 or operate any well, construct any
reservoir or impoundment, or install or plant any trees or woody shrubs within the 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, blush,
vegetation or other obstructions from the 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 Easement Area for vehicular and
pedestrian access, including low maintenance landscaping and soft surface and/or concrete trails,
�nsement—Town Grantee Page 1 Of 5
as well as the right to cross Lite 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
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
Easement Area resulting fiom the Improvements or caused by the exercise of Grantee's rights
hereunder.
S. Maintenance of the Easement Area.
(A) 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 Grantor, correction of any subsidence, and restoration of any other pre-existing
improvements or conditions impacted by Grantee's activities.
(B) Except for the routine maintenance of the Improvements and in the event of an
emergency, , as determined solely by Grantee, Grantec shall provide Grantor at least seven (7)
days written notice of any activities that will impact the surface of the Easement Area, prior to
beginning any such activities. For purposes of this Agreement, "routine maintenance" is defined
as a small scale activity performed at regular intervals that does not impact the surface of the
Easement Area and is necessary to keep the Improvements operational and in working order and
an "emergency" is defined as a situation that necessitates immediate repairs to or maintenance of
the Improvements to maintain or restore proper functioning of the Improvements, such as a water
main break, or to prevent, mitigate or remedy injury to life, health, safety or property.
6. Depth of Cover. Unless a greater depth is required by applicable law, Grantee shall initially
bury the underground waterline within the Easement Area at a minimum depth of four (4) feet
below the surface of the ground.
7. Representations and Warranties of Grantor.
(A) Grantor hereby warrants and represents to Grantee that, to Grantor's actrtal
knowledge as of the date of execution of this Agreement, 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 Agreement.
>nsement Town Grnnfee Page 2 of 5
(B) Grantor hereby warrants and represents to Grantee that the consideration paid for
this Easement includes a full and final release, discharge and satisfaction, by Grantor and in favor
A Grantee, its officers, employees, contractors and representatives, for all claims of compensation,
damages, expenses, losses and injuries resulting fi•om or related to: (a) the Grantee's acquisition
A the desired Easement; (b) any alleged damages to other remainder property owned or claimed
by Grantor outside the Easement Area; (c) the Grantee's construction and use of the waterline on
the Property during Grantor's period of ownership; and (d) the Grantee's possession or use of the
Easement Area or other remainder property owned or claimed by Grantor during Grantor's period
A ownership. Grantor expressly releases, discharges and waives: a) any right of adjustment to the
consideration paid by Grantee under C.R.S. § 38-1-114 or otherwise; b) interest under C.R.S. §
38-1416 or otherwise; c) costs under C.R.S. § 384421, C.R.S. §1346401, et seq., C.R.C.P.
54(d) or otherwise; d) attorney fees under C.R.S. § 384422, C.R.S. § 1347401 et sec. or
otherwise; (e) all claims of compensation, damages, expenses, losses and injuries resulting from
or related to 1) the Grantee's acquisition of the desired Easement% 2) any alleged damages to other
remainder property owned or claimed by Grantor outside the Easement Area; 3) the Grantee's
construction and use of the waterline on the Property during Grantor's period of ownership, and
4) the Grantee's possession or use of the Easement Area or other remainder property owned or
claimed by Grantor during Grantor's period of ownership.
8. 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 forthin
this Permanent Easement are intended to be covenants upon the Easement Property and are to run
with the land.
9. Entire Agreement; Amendments. This Agreement constitutes the entire agreement
between the Parties hereto relating to the Permanent 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.
10. Compliance with Laws. Grantee shall comply with all applicable laws in connection with
its use of the Easement Area and the Improvements.
11. Governing Law. This Easement and all of the terms and provisions hereof shall be
governed by and const7•ued in accordance with the laws of the State of Colorado, with venue in
Weld County.
12. 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.
13. Authorized Signatories. Each individual signing this Agreement directly and expressly on
behalf of an entity represents and warrants that he or she has been given and has received and
accepted authority to sign and execute the documents on behalf of the Party for whom it is
�nsement 'Down GzInntee Page 3 of 5
indicated he or she has signed, and further has been expressly given and received and accepted
authority to enter into a binding agreement on behalf of such Party with respect to the matters
concerned herein and as stated herein.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year to written
above.
GRANTOR:
imited liability company
Name:
Title: WYNKWIC
STATE OF COLORADO )
)SS
COUNTY OF bov,\Aex- )
The foregoin instrument was acknowledged before me this � day of '}b�tt^, 2019, by
�0M d Or ne r , as one of the member -managers of Firestone Rails,
LLC, owner of the subject Property.
Witness my hand and official seal.
Commission
r+
i
STATEOF • i'+'
NOTARY ID 19954005137
Easement— Town Grantee
)tary Public
Page 4 of 5
Date: Oc`` a
ATTEST:
r
Leah Vanarsdall, Town Clerk
>;asement Town Grantee
ACCEPTED BY GRANTEE:
THE TOWN OF FIRESTONE, COLORADO, a
Municipal Corporation
By:
Page 5 of 5
Description of The Property
A parcel of land situate in the S%: of Section 19 and the SW%+ of Section 20, T. 2N, R. G7W of the
Sixth Principal Meridian, in the County of Weld, State of Colorado, bounded and described as follows;
Commencing at the southwest corner of said Section 20;
thence along the west line of said Section 20, North, a dlstance of 308.53 feet to the true point
of beginning, said point being 50.0 feet southwesterly, measured at right angles, from the centerline of
the abandoned spurtrack to the coal mine of the William C. Russell Coal Company as formerly surveyed,
located and staked out;
thence parallel with said centerline, S. 78 degrees 43 minutes C., a dlstance of 1207.13 feet to
the beginning of a tangent curve, concave northerly, having a radius of 1005,37 feet;
thence northeasterly along said curve, an arc dlstance of 1010.96 feet, through an angle of 57
rlegrees 36 minutes 52 seconds;
khence N, 46 degrees 19 minutes W., a distance of 10q.0 feet to the beginning of a non tangent
curve, concave northwesterly, the center of which bears N. 46 degrees 19 minutes W., a distance of
905.37 feet;
thence southwesterly along said curve and parallel with and 50,0 feet northwesterly, measured
radially from said centerline of abandoned spur track, an arc distance of at feet, through an angle of
23 degrees 42 minutes;
thence
N. 22 degrees 37 minutes W., a distance of 32.5 feet to the beginning of anon -tangent
cUT ve, concave northerly, the cenfier of wlticlt bears N 22 degrees 37 rnlnUte5 W„ a distance of �7�.$7
feet;
thence westerly along said curve and parallel with and 82,5 feet northerly, measured radially,
from said centerline of abandoned spur track, an arc distance of 318,04 feet, through an angle of 20
degrees 52 minutes 35 seconds;
thence N, 1 degree 44 minutes 25 seconds W., a distance of 15.0 feat to the beginning of a non -
tangent curve, concave nnrtherly, the center of which bears N, 1 degree 44 minutes 25 seconds W., a
distance of 857.87 feet,,
thence westerly along said curve and parallel with and 97,5 feet northerly, measured radially
from said centerline of abandoned spur track, an arc dlstance of 195,0 feet, through an angle of 13
degrees 01 minutes 25 seconds;
C
thence northerly along the east line of said Section 7.91 a distance of 308,53 feet, more or less, to
the TRUE POINT OF BEGINNING, said point being 50,0 feet distant southwesterly, measured at right
angles, from tine centerline of the abandoned spur track to the coal mine of the William E. Russell Coal
Company as formerly surveyed, located and staked out;
thence norkherly, continuing along said cask Ilse of Section 19, a distance of 101,95 feet, more
or less, to a point that is 50,0 feet distant northeasterly, measured at right angles, from said centerline
of the abandoned spur'track,
thence parallel with said centerline, North 7II degrees 43 minutes West, a distance of 427,00
feet, more or less, to a point that Is 75.0 feet distant northeasterly, measured radially, from the
centerline of the abandoned main track serving Grant Mine as originally constructed and operated, said
point also being the beginning of a non -tangent curve, concave southwesterly, the center of the circle of
which the arc is a part bears South 32 degrees 51 minutes 14 seconds West, a distance of 839.49 feet;
thence westerly along said curve and concentric with said centerline of the abandoned main
track, through a central angle of 35 degrees 31 minutes 14 seconds, an arc distance of 520,44 feet;
thence parallel with said centerline, South 87 degrees 2q minutes West, a distance of 3174.60
feet to the beginning of a tangent curve, concave southeasterly, having a radius of 1014,70 feet;
Thence southwesterly along said curve and concentric with said centerline, through a central
angle of 51 degrees 38 minutes. l6seconds, an arc distance of 914.50 feet, more or Icss, to a point on
the south Ilse of said Section 19;
thence easterly along said south line of Section 19, a distance of 191.9 feet, more or less, in a
point that IS 75,0 feet distant southeasterly, measured radially, from said centerline of the abandoned
main track, said point also being the beginning of a non -tangent curve, concave southeasterly, the
center of the circle of which the arc Is a part bears South 46 degrees 59 minutes 19 seconds East, a
distance of 864,70 feet;
thence northeasterly along said curve and concentric with said centerline, through a central
angle of 44 degrees �.9 minutes 19 seconds, an arc distance or 56f3.90 feet;
thence parallel with said centerline, North 87 degrees 20 minutes East, a distance of 2760.00
feet;
thence South 2 degrees 40 minutes East, a distance of 15.0 feet to a point 90,q feet distant
southerly, measured at right angles, frotrt said centerline;
thence parallel with said centerline, North 87 degrees 20 minutes East, a distance of 2II0,00
feel.;
theme Norl'h 2 degrees 40 minutes West, a distance of 15,0 feet to a paint 75A feet distant
southerly, measured at right angles, from said centerline, of the abandoned main traclt;
thence parallel with said centerline of abandoned spur track, id. 78 degrees 43 minutes W,, a
distance of 30.0 feet;
thence S, 11 degrees 17 minutes W., a distance of 15,U feet;
theme parallel with and $2,S feet northeasterly, measured at right angles from Bald centerline
of abandoned spur track, N. 73 degrees 43 minutes W., a distance of 90,0 feet;
thence S. 11 degrees 17 minutes W„ a distance of 3Z,5 feet;
thence parallel with and 50,0 feet northeasterly, measured at right angles from said centerline
of abandoned spur track, N. 78 degrees 43 minutes W., a distance of 1534.07 feet to the beginning of a
non -tangent curve, concave southwesterly the center of which bears S. 32 degrees 51 minutes 14
seconds W,, a distance of 839,49 feet, said point being 75,0 feet northeasterly, measured radially, from
the centerline of the abandoned main track serving Grant Mine as originally constructed and operated;
thence westerly along said curve and parallel with said centerline o¢ abandoned main track as
originally constructed, an arc distance of 520.44 feet, through an angle of 35 degrees 31 minutes 14
seconds;
thence continuing parallel with said centerline of abandoned main track, as originally
constructed, S. 87 degrees 20 minutes W., a distance of 3174.E feet to the beginning of a tangent CU141j2
concave southeasterly, having a raclius of 1014.7 feet;
thence southwesterly along Bald curve and parallel with said centerline of abandoned maht
track, an arc distance of 914,5 feet, through an angle of 51 degrees 38 minutes 16 $eCOndS, to a point on
the south line of said Section 19;
thence along the south line of Section 19, 5. 89 degrees 32 minutes 51 seconds E., a distance of
191.9 feet to the beginning of anon -tangent curve, concave southeasterly, from said centerline of
abandoned spur track to the coal mine of the William C. Russell Coal Company as formerly surveyed,
located and staked out;
thence parallel with said centerline of abandoned spur tracks, S. 78 degrees 43 minutes C,, a
distance of 2G$ feet, more or less, to tine hue point of beginnning.
EXCEPTING THEREFROM that certain parcel of land conveyed by Union Pacific Land Resources
Corporation to hranklln C, 'Laden by Quitclaim heed dated September 9, 1976, bounded and described as
follows;
A parcel of land situate In the South Half of Section 19, Township Z North, Range 67 West of the
Sixth Principal Meridian, as described In Gook $47, Page 13; (iaok 247, Page 19$; anc) eool< 406, Page
186, as filed In the office of the Clerk and Recorder, County of Weld, State of Colorado, bounded and
more particularly described as follows,
Commencing at the southeast carnet of said Section 19;
thence parallel with said csntsrllne, North 87 degrees 20 rninukes East, a distance of 134,6D feet
to the beginning of a tangent curve, concave southwesterly, having a radius of 689,49 feet;
thence southeasterly along said curve and concentric with said centerline, through a central
angle of 60 degrees qq minutes, an arc distance of 722,U3 feet;
thencs North 57 degrees 20 minutes Cast, a distance of �5q,00 feet ko a point that is 75,0 fret
distant northeasterly, measured radially, from said centerline of the abandoned main track, said point
also being the beginning of a non tangent curve, concave southwesterly, the center of the ch-cle of
�nthich the arc is a part bears 5out11 57 degrees 20 minutes West, a distance of II39,49 feet;
thence northwesterly along said curve and concentric with said centerline of the abandoned
main track, through a central angle of 1D degrees 23 minutes D6 seconds, an arc distance of '1.52,�.6 feet,
more or less, to a point that is 50,D distant southwesterly, measured at right angles, from said centerline
of the abandoned spur track to the coal mine of the William E, Russell Coal Company as formerly
surveyed, located and staked out;
thence parallel with said centerline of the abandoned spur track, South 7II degrees 48 minutes
East, a distance of ?_6II.00 feet, more or less, to the TRUE POINT OF BEGINNING.
Said parcel contains a net area of 5,6 acres, mars or less,
DESCRIPTION OF PERMANENT EASEMENT
A STRIP OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 201 TOWNSHIP 2 NORTH, RANGE
67 WEST OF THE 6T" P.M., COUNTY OF WELD, TOWN OF FIRESTONE, STATE OF COLORADO, DESCRIBED
AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 20, FROM WHICH THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 20 BEARS N00° 41' 55"W (BASIS OF BEARING), THENCE N000
41' 55"W, 308.51 FEET ALONG SAID SOUTHWEST LINE TO A POINT ON SOUTH PROPERTY LINE OF THE
PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER 42846094 THENCE S79° 24' 55"E,
25.49 FEET ALONG SAID SOUTH PROPERTY LINE; SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE ALONG THE FOLLOWING FOUR (4) COURSES;
N00° 41'55"W 101.97 FEET TO A POINT ON THE NORTH PROPERTY LINE OF SAID PARCEL DESCRIBED IN
THE DEED RECORDED AT RECEPTION NUMBER 4284609P
THENCE S79° 24'S5"E 30.59 FEET ALONG THE NORTH PROPERTY LINE OF SAIp PARCEL;
THENCE S00° 41' S5"E 101.97 FEETTO A POINT ON THE SOUTH PROPERTY LINE OF SAID PARCEL;
THENCE N790 24' S51)W 30.59 FEET ALONG THE SOUTH PROPERTY LINE OF SAIp PARCEL TO THE POINT
OF BEGINNING.
AREA = 3058.97 SQUARE FEET (0.070 ACRES), MORE OR LESS.
1
EXHIBIT B
COR, SEC 20
T2N, R67W, 6TH PM
k3
S 79°24'55" E
30.59'
N 00°41'55" W
101.97'
S 79°24'S5" E
25.49'
WEST LINE OF SW � OF SEC. 20
N00° 41' 55"W 2630.69
(BASIS OF BEARING)
LEGEND
LIMITS OF PERMANENT
EASEMENT
�S 00°41'55" E
N 79024'55" W 6oy �b
30.59'
POINT OF
BEGINNING
A
O O p op
POINT OF COMMENCEMENT�\
SW COR, SEC 20 �tio
T2N, R67W, 6TH PM
GR,4N7'AVE