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HomeMy WebLinkAbout22-52 Grant Easement Quadrant Managment, INC. Sewar Service Line , Apprving an Agreement 5-11-2022RESOLUTION NO.22-52 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACCEPTING A GRANT OF PERMANENT EASEMENT FROM QUADRANT MANAGEMENT, INC. FOR OPERATION OF A SANITARY SEWER SERVICE LINE, AND APPROVING AN AGREEMENT BETWEEN QUADRANT MANAGEMENT, INC. AND THE TOWN OF FIRESTONE FOR SUCH EASEMENT WHEREAS, Quadrant Management, Inc. ("Grantor") owns certain real property located in Weld County, Colorado; and WHEREAS, the Town desires to construct and install a 4" sanitary sewer service line (the "Improvements") on a portion of Grantor's Property, for the collection and conveyance of wastewater from a public works facility located on Town -owned property to the St. Vrain Sanitation District's wastewater collection system; and WHEREAS, the Town desires to obtain from Grantor, and Grantor desires to grant to the Town, a permanent easement on, over, under and across a portion of Grantor's property for the purpose of constructing the Improvements pursuant to the terms and conditions contained in a Permanent Easement agreement, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees accepts the grant of a permanent easement from Quadrant Management, Inc. to the Town to use a ship of land owned by Quadrant Management, Inc.. for constructing and operating a sanitary sewer service line on said strip of land. Section 2. The Board of Trustees authorizes and approves the Permanent Easement agreement between Quadrant Management, Inc. and the Town of Firestone in the substantially the same form as the copy attached hereto as Exhibit A. The Mayor is authorized to execute the agreement on behalf of the Town. Il�TTRODUCED, READ AND ADOPTED this � day of /�a. , 2022. f� t } SEA p 14Q `o /VTY, ? TO«�T OF FIRESTONE, COLORADO Dreg Alan Peterson, Mayor AS TO UTILITY EASEMENT AND AGItEEME1N I' THIS UTILITY + S MENT AND AGREEMENT ("Agreement") is made and entered into this Mkday of , 20225 by and between QUADRANT' MANAGEMENT INC., a Colorado corporation, hose address is 7040 WCR 20, Longmont, CO 80504 ("Grantor") and 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 Ave., Firestone, Colorado, 80504 (the "Grantee"), 1. Grantor's Proper. 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. Consideration -Grant of Permanent Easement. For and in consideration of the covenants and agreements set forth herein, the sum of THIRTY-TWO THOUSAND, FIFTY- FOUR DOLLARS AND FIFTY-TWO CENTS. (532,054.52), 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 "Permanent Easement Area"), subject to the terms, conditions and restrictions set forth below. 3. Purpose and Uses of Permanent Easement. Grantee may u'se 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 underground sanitary sewer lines, accessories, improvements, manholes and all other related appurtenant subsurface facilities for the conveyance and distribution of wastewater (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. Access. Additionally, Grantor grants and conveys to Grantee a permanent easement (the "Access 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 B. attached hereto and made a part of this Agreement (the "Access Easement Area"). 5. Grantor's Rights in Easement Area. Grantor reserves the right to use the Permanent Easement Area for any purposes which wil! 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 Page 1 of 6 Easement Area. Grantor shall not erect or construct any permanent structure or building, drill or operate any well, construct any reservoir or impoundment, 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 soffit 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 sanitary sewer 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. 6. 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, except as necessarily modified to accommodate the Improvements. (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. 7. Depth of Cover. Unless a greater depth is required by applicable law, Grantee shall initially bury the underground sanitary sewer line within the Permanent Easement Area at a minimum depth of five (5) feet below the surface of the ground. 8. G. Representations and Warranties of Grantor. (A) Grantor represents to the City, to Grantor's knowledge as of the date of the execution of this Permanent Easement, with respect to the Property that: (i) the Property has never been used as a landfill or waste dump; (2) that there has been no installation in or production, Page 2 of 6 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 City 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 sea.,) and in Section 25-5-502 of the Colorado Revised Statutes, and petroleum or petroleum products. (B) Grantor hereby warrants and represents to the City 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 1Nith 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. I0. 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. 1 1. Com��lian�e with Laws;. Grantee shall comply with all applicable laws in connection with its use ofthe Permanent Easement Area, the Access Easement Area, and the Improvements. 12. Governing Law. This Easement and all of the terms and provisions heeeof shall be governed by and construed 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 Permanent Easement shall be held unenforceable or invalid, the remainder of this Permanent 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. 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 constit<rte one and the same Agreement. Page 3 of 6 gnunv es and acknoit)tedgments on foldoit�tng page) Page � of fi IN WITNESS WIIEItEOF, the Grantor and Grantce have executed this instrument on the date and year first above written. GI2ANTOI2: QUADRANT MANAGEMENT INC., a Colorado corhoratio� By: GGLai�CO V i�#*�r 'Title: STATE OF ) ss COUNTY OF 40 Q CAL The foregoi lg instrument was acknowledged before me this Yt' da of �i , , 2022, by (`o t , as r r�c7 of - i -owner of the Subject Property. Witness my �I 41/ I t I/ and official seal. (Notary Public Official Signature) �fn,u Il,lI, (Title of office) (Commission Expiration) VI�LETA FIGUEROA NOTARY PUBLIC -STATE of NEW YORK No, 01 F16o67972 ouslif led in Bronx County My Commission Expires 04-30-2023 �Signattrres continue on follotiving1�ageJ Page 5 of 6 ACCEPTED BY GRAi�1TEE: TOWN OF FIRESTONE By: ATTEST: By: J I Mayor T APPROVED AS TO By: William P. Hayashi, T m = SEA v= no Nry, 'Attoi7ley Page 6 of 6 f:NGINEERINc3 PLANNING " P301682.1131 F 301682401149 SURVEYING r EXI�'IBIT "A" October 7, 2020 A Mivilarts.us 1500 Kansasllvenue, Suile 2 C www,tivilarts.us Longmont, CO 80501 A description of a Sanitary Sewer Easement located in Lot I, Advanced Forming Technology Filing No. 1, in the NW1/4 of Section 20, T2N, R67W of the 6th P.M., in the Town of Firestone, Weld County, Colorado. For: St. Vrain Sanitation District, LEGAL DESCRIPTION A strip of land, 30.00 feet in width, lying 15.00 feet an each side of the following described centerline, extending from the West Line of the NW1/4 of Section 20 to the Easterly Line of Lot 1, Advanced Forming Technology Filing No. 1, Recorded June 22, 2012 as Reception No. 3854078, Weld County Records, located in the NWI/4 of Section 20, T2N, R67W of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, described as follows: COMMENCING at the Northwest Corner of Section 20, T2N, R67W of the 6th P,M., from which the West Quarter Corner of said Section 20 bears S00°4106E, 2631.23 feet (Basis of Bearings), thence along the West Line of the NW 1/4 of said Section 20 S00°41'06"E, 1692.59 feet to the POINT OF BEGINNING; Thence departing said West Line N90°001OU"E, 1375.37 feet to a point 30.00 feet Northwesterly Pram the centerline of a 30.00-foot-wide DGP Midstream LP Petroleum Pipeline Easemenfi, Recorded August 4, 2009 as Reception No. 3640514, Weld County Records, Thence parallel with said DCP Midstream LP Petroleum Pipeline Easement N27°47'42"E, 750.b2 feet to a point 40.00 feet Northerly from the centerline of a 50.00-foot-wide Colorado Interstate Gas Company Petroleum Pipeline Easement, Recorded April 26, 1978 as Reception No. 1751539, Weld County Records; Thence parallel with said Colorado Interstate Gas Company Petroleum Pipeline Easement N77°SO'32"E, 837.77 feet to the Easterly Line of said Lot 1, Advanced Forming Technology Filing No, 1, and the POINT OF TERMINATION. Area = 2.041 acres, more or less, ���.. Devnlo(:�r1lt�nt Sorviaes for the Communitios of tho F:ulure EXHIBIT "A" NOTICi;: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect, In no event, may tiny action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Roy Moess4r Colorado Woom SurveyorNtS. -. 1500 Kansas AV 0 Date: ! 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