HomeMy WebLinkAbout 19-86 Temp Easement Habegger-Wooster Ave Waterline Replacement ProjRESOLUTION 19-86
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT
WITH KAYLA AND CHRISTOPHER HABEGGER
PERTAINING TO THE WOOSTER AVENUE WATER LINE
REPLACEMENT PROJECT
WHEREAS, Kayla and Christopher Habegger (the "Owners") are the owners of certain
real property located in the Town of Firestone (the "Property"); and
WHEREAS, the Town of Firestone (the "Town") is currently in the process of
constructing the Wooster Avenue Water Line Replacement Project (the "Project"); and
WHEREAS, as part of the Project, the Town has constructed and installed a water and
fire hydrant at 173 Wooster Avenue; and
WHEREAS, the Town has determined that it needs to construct and install a
landscape timber wall on Owner's Property, behind the fire hydrant, in order to install
a flat pad appurtenant to the fire hydrant, making the fire hydrant accessible to
emergency personnel; and
WHEREAS, the Town desires to obtain a temporary, non-exclusive construction
easement that would allow use of Owner's Property, pursuant to certain terms and conditions
as set forth in a Temporary Construction Easement Agreement, attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED BY THE FIRESTONE BOARD
OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees of the Town of Firestone authorizes the acquisition of
a temporary, non-exclusive construction easement from Kayla and Christopher Habegger to use
the property described in Exhibit A for the construction and installation of a landscape timber
wall and associated grading in connection with the Wooster Avenue Water Line Replacement
Project.
Section 2. The Temporary Construction Easement Agreement between the Town of
Firestone and Kayla and Christopher Habegger is approved in substantially the form as attached
hereto as Exhibit B, and the Mayor is authorized to execute the agreement on behalf of the Town
of Firestone.
INTRODUCED, READ AND ADOPTED this f��day of , 2019.
TOWN OF FIRESTONE, COLORADO
Leah Vanarsdall, Town Clerk
AS TO FORM:
William IS, yashi, Town Attorney
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NW % OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE
6T" P.M., COUNTY OF WELD, STATE OF COLORADO, BEING A PART OF LOT 20, BLOCK 3 OF THE TOWN OF
FIRESTONE REPLAT OF SEPTEMBER 13, 1907 PLAT, RECORDED ON MAY 11 1974 AT RECEPTION NUMBER
1635587, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST CORNER OF SAID SECTION 30, FROM WHICH THE NORTH LINE OF SAID
SECTION 30 BEARS S890 09' 1911E (BASIS OF BEARING), THENCE S890 09' 1911E, 804.91 FEET ALONG SAID
NORTH LINE; THENCE SO' 50' 41"W, 33.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF GRANT AVENUE,
THENCE SO° 02'45"E, 275.01 FEET ALONG THE EAST RIGHT-OF-WAY OF FIRST STREET, THENCE N890 57,
16"E, 490.07 FEETTO A POINT ALONG THE NORTH RIGHT-OF-WAY OF WOOSTER AVENUE AND THE POINT
OF BEGINNING,
THENCE ALONG THE FOLLOWING FOUR (4) COURSES;
NO° 03' 27"W, 7.00 FEET;
THENCE N890 56' 33"E, 10.00 FEET;
THENCE SO° 03' 27"E, 7.00 FEET;
THENCE S890 56' 33"W, 10.00 FEET TO THE POINT OF BEGINNING.
AREA = 70.00 SQUARE FEET MORE OR LESS.
EXHIBIT B
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
THIS RANT OF TEMPORARY CONSTRUCTION EASEMENT is made this
(ILL day ofr 1, 2019, by and between KAYLA AND CHRISTOPHER H 13EGGER
(hereinafter "Grantor") and THE TOWN OF FIRESTONE, 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 (hereinafter "Grantee"):
WITNESSETH:
THAT THE GRANTOR, for and in consideration of the sum of Ten Dollars paid to the
Grantor by the Grantee, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, its
agents and subcontractors, a Temporary Construction Easement for the purpose of a constructing
potable water pipeline and appurtenances and related improvements, such easement being on, over,
and across the real property described in Exhibit A and as shown on Exhibit B, attached hereto and
incorporated herein by this reference;
TOGETHER WITH all the rights and privileges as are necessary or incidental to the
reasonable and proper use of such Temporary Construction Easement; and
SUBJECT TO the following terms and conditions:
1. This Temporary Construction Easement shall expire and be of no further force and
effect upon completion of the construction of the "WOOSTER AVENUE WATER LINE
REPLACEMENT" project, but in no event later than one year from the Final Acceptance
date of the WOOSTER AVENUE WATER LINE REPLACEMENT" project.
2. During the term of this Temporary Construction Easement, Grantor shall not place,
erect or construct or allow to be placed, erected or constructed on the Temporary
Construction Easement area any equipment or structure or other improvement whatsoever
which may interfere with the Grantee's full use and enjoyment of the rights hereunder.
3. Grantee shall insofar as practicable restore the surface of the Temporary
Construction Easement to the conditions that existed immediately prior to the
commencement of any of Grantee's activities permitted hereunder.
4. Grantor reserves the right to use and occupy the area of the easement for any
purpose which will not unreasonably interfere with or endanger any of Grantee's uses
permitted herein.
5. Grantee shall be solely responsible for all damages to persons or property which are
caused by the Grantee or its agents or employees, or which result or arise from their
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activities on the area of the easement. To the extent authorized by law, Grantee will
indemnify and hold harmless the Grantor against all claims, liabilities, damages, judgments
and expenses (including court costs and reasonable attorneys' fees) for injury or death to
persons or damage to property incurred as a result of the negligent or willful and wanton act
or omission of Grantee or its agents or employees which is related to or arises from
Grantee's activities permitted or performed on the area of the easement under this grant.
Grantee by this provision in no way waives or intends to waive the monetary limitations or
any other rights, immunities, and protections provided to Grantee and its employees under
the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et. seq. The Grantee's
indemnification obligation shall not be construed to extend to any injury, loss, or damage
which is caused by the act, omission, or other fault of the Grantor.
6. The property rights granted herein shall be transferable by Grantee only with prior
written consent of Grantor.
7. The easement granted herein shall be subject to all restrictions and easements of
record and/or apparent on the ground.
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IN WITNESS WHEREOF, the Grantor has executed this instrument on the date first
above written.
GRANTOR:
KAYLA HABEGGER
By:
Acknowledgment
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
2019, by as
Habegger.
My commission expires on:
(SEAL)
GRANTOR:
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument
2019, by
Habegger.
My commission expires on:
(SEAL)
Witness my hand and official seal.
Notary Public
CHRISTOPHER I IABEGGER
By:
Acknowledgment
was acknowledged
as
before me this
Witness my hand and official seal.
Notary Public
3
day of
of Kayla
day of
of Christopher
Leah Vanarsdall, Town Clerk
GRANTEE:
TOWN OF FIRESTONE, COLORADO
r • • •T. M•
4
EXHIBIT "A"
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NW % OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE
6T" P.M., COUNTY OF WELD, STATE OF COLORADO, BEING A PART OF LOT 20, BLOCK 3 OF THE TOWN OF
FIRESTONE REPLAT OF SEPTEMBER 13, 1907 PLAT, RECORDED ON MAY 11 1974 AT RECEPTION NUMBER
1635587, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST CORNER OF SAID SECTION 30, FROM WHICH THE NORTH LINE OF SAID
SECTION 30 BEARS S890 09' 19"E (BASIS OF BEARING), THENCE S890 09' 19"E, 804.91 FEET ALONG SAID
NORTH LINE; THENCE SO° 50' 41"W, 33.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF GRANT AVENUE,
THENCE SO° 02'45"E, 275.01 FEET ALONG THE EAST RIGHT-OF-WAY OF FIRST STREET, THENCE N890 57'
161'E, 490.07 FEETTO A POINT ALONG THE NORTH RIGHT-OF-WAY OF WOOSTER AVENUE AND THE POINT
OF BEGINNING;
THENCE ALONG THE FOLLOWING FOUR (4) COURSES;
NO° 03' 27"W, 7.00 FEET;
THENCE N89° 56' 33"E, 10.00 FEET;
THENCE SO° 03' 27"E, 7.00 FEET;
THENCE S890 56' 3311W, 10.00 FEET TO THE POINT OF BEGINNING.
AREA = 70.00 SQUARE FEET MORE OR LESS.
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